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OF COMPLAINT. (a) Employment.--If, after a formal complaint is filed under section 8 or in accordance with the procedures described in section 12(a), the employee and the head of the employing office resolve the issues involved, the employee may withdraw the complaint or the parties may enter into a written agreement, subject to the approval of the executive director. (b) Information.--If, after a formal complaint is filed in accordance with the procedures described in section 11(a), the office of the legislative branch and the petitioner seeking information from the office resolve the issues involved, the petitioner may withdraw the complaint or the parties may enter into a written agreement, subject to the approval of the executive director. SEC. 15. PROHIBITION OF INTIMIDATION. Any intimidation of, or reprisal against, a congressional employee by any Member or officer of the House of Representatives or of the Senate, any head of an employing office, or any congressional employee, as the case may be, because of the exercise of a right under this Act relating to a provision described in section 2, constitutes an unlawful employment practice, which may be remedied, except as provided in section 5(a), in the same manner under this Act as is a violation relating to such provision. SEC. 16. CONFIDENTIALITY. (a) Counseling.--All counseling conducted under this Act shall be strictly confidential except that the Office and the employee may agree to notify the head of the employing office of the allegations. (b) Mediation.--All mediation conducted under this Act shall be strictly confidential. (c) Hearings.--Except as provided in subsections (d) and (e), the hearings and deliberations of hearing boards (including any decisionmaker under procedures described in section 11(a) or 12(a)) shall be confidential. (d) Release of Records for Judicial Review.--The records of such hearing boards may be made public if required for the purpose of judicial review under section 9, 10, 11, or 12. (e) Access by Committees of Congress.--At the discretion of the executive director, the executive director may provide to the Committee on Standards of Official Conduct of the House of Representatives and the Select Committee on Ethics of the Senate access to the records of the hearings and decisions of the hearing boards, including all written and oral testimony in the possession of the hearing boards, concerning a decision under section 8(g) or any decision or order issued after procedures described in section 11(a) or 12(a). The executive director shall not provide such access until the executive director has consulted with the individual filing the complaint at issue in the hearing, and until the hearing board has issued the decision. SEC. 17. INSPECTIONS. (a) In General.--On a regular basis, and at least once during each Congress, the Office shall request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as may be necessary to inspect the facilities of the legislative branch of the Federal Government in order to ensure compliance with the Occupational Safety and Health Act of 1970, the Fair Labor Standards Act of 1938, and title II of the Americans with Disabilities Act of 1990. (b) Date and Scope of Inspections.--The Office shall determine the dates and scope of such inspections, in accordance with regulations issued in accordance with section 4. (c) Report.--After conducting such an inspection, the Office shall prepare and submit for publication in the Congressional Record a report containing information on the results of the inspection. SEC. 18. COLLECTION OF INFORMATION. (a) Collection.--The executive director shall collect information with respect to complaints filed under section 8 or under procedures described in section 11(a) or 12(a), including-- (1) the total number of such complaints; (2) the number of such complaints that allege-- (A) discrimination on the basis of race or color; (B) discrimination on the basis of sex; (C) discrimination on the basis of religion; (D) discrimination on the basis of national origin; (E) discrimination on the basis of disability; (F) discrimination on the basis of age; (G) a violation of the Fair Labor Standards Act of 1938; (H) a violation of chapter 71 of title 5, United States Code; (I) a violation of the Occupational Safety and Health Act of 1970; (J) a violation of the Family and Medical Leave Act of 1993; (K) a violation of the Employee Polygraph Protection Act of 1988; (L) a violation of the Worker Adjustment and Retraining Notification Act; or (M) a violation of section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), or section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''); (3) the number of such complaints that were resolved by-- (A) settlement; (B) a decision following a hearing under section 8 or under procedures described in section 11(a) or 12(a); or (C) withdrawal of the complaint, or other means; and (4) for each category of allegations described in subparagraphs (A) through (M) of paragraph (2)-- (A) the aggregate amount of monetary compensation (including damages, equitable monetary relief, and interest) awarded as a result of settlement; (B) the aggregate amount of such monetary compensation awarded as a result of a decision described in paragraph (3)(B); and (C) the aggregate amount of such monetary compensation awarded as a result of withdrawal of the complaint or other means. (b) Report.-- (1) In general.--Not later than 2 years after the date of enactment of this section, and every year thereafter, the executive director shall prepare and submit for publication in the Congressional Record a report containing the information described in subsection (a). (2) Presentation of information in the aggregate.--In preparing the reports described in paragraph (1), the executive director shall not identify by name parties participating in actions resulting from complaints described in subsection (a). The reports shall present information collected under subsection (a) in the aggregate. SEC. 19. POLITICAL AFFILIATION AND PLACE OF RESIDENCE. (a) In General.--It shall not be a violation to consider the-- (1) party affiliation; (2) domicile; or (3) political compatibility with the employing office, of an employee with respect to employment decisions issued under this Act. (b) Definition.--For purposes of subsection (a), the term ``employee'' means-- (1) a congressional employee on the staff of the leadership of the House of Representatives or the leadership of the Senate; (2) a congressional employee on the staff of a committee or subcommittee of-- (A) the House of Representatives; or (B) the Senate; (3) a congressional employee on the staff of a Member of the House of Representatives or on the staff of a Senator; (4) an officer of the House of Representatives or Senate, or a congressional employee, who is elected by the House of Representatives or Senate or is appointed by a Member of the House of Representatives or by a Senator, other than an employee described in paragraph (1), (2), or (3); or (5) an applicant for a position that is to be occupied by an individual described in any of paragraphs (1) through (4). SEC. 20. OTHER REVIEW. No congressional employee may commence a judicial proceeding to redress practices prohibited under section 2 or 4, except as provided in this Act. SEC. 21. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. SEC. 22. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 1995 and each subsequent fiscal year. SEC. 23. DEFINITIONS. As used in this Act: (1) Congressional employee.--The term ``congressional employee'' means-- (A) an employee of the House of Representatives; (B) an employee of the Senate; and (C) an employee of an instrumentality. (2) Employee of an instrumentality.--The term ``employee of an instrumentality'' means-- (A) an employee of the Architect of the Capitol (except an employee described in paragraph (3) or (4)), the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, or the United States Botanic Garden; (B) with respect to the application of a provision described in paragraph (4), (5), (6), or (7) of section 2(a), section 2(c), or section 2(d), any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A); or (C) any individual who was formerly an employee described in subparagraph (A) and whose claim of a violation arises out of the employment of the individual by an instrumentality described in subparagraph (A). (3) Employee of the house of representatives.--The term ``employee of the House of Representatives'' means an individual who was eligible to file a formal complaint with the Office of Fair Employment Practice of the House of Representatives under clause 6 of rule LI of the Rules of the House of Representatives, as in effect on the day before the date of enactment of this Act. Such term shall only include an applicant for employment with an entity of the House of Representatives with respect to the application of a provision described in paragraph (4), (5), (6), or (7) of section 2(a), section 2(c), or section 2(d). (4) Employee of the senate.--The term ``employee of the Senate'' means-- (A) any employee whose pay is disbursed by the Secretary of the Senate; (B) any employee of the Architect of the Capitol who is assigned to the Senate Restaurants or to the Superintendent of the Senate Office Buildings; (C) with respect to the application of a provision described in paragraph (4), (5), (6), or (7) of section 2(a), section 2(c), or section 2(d), any applicant for a position that will last 90 days or more and that is to be occupied by an individual described in subparagraph (A) or (B); or (D) any individual who was formerly an employee described in subparagraph (A) or (B) and whose claim of a violation arises out of the individual's Senate employment. (5) Employing office.--The term ``employing office'' means the office headed by a head of an employing office. (6) Head of an employing office.--The term ``head of an employing office'' means the individual who has final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the congressional employment of a congressional employee. (7) Instrumentality.--The term ``instrumentality'' means an entity described in paragraph (2)(A). (8) Violation.--The term ``violation'' means a violation of a provision listed in section 2 or a regulation that takes effect under section 4(c). S 2071 IS----2 S 2071 IS----3 S 2071 IS----4
Congressional Accountability Act - Makes specified Federal statutes (or provisions thereof) applicable to the offices and employees of the legislative branch of the Federal Government, including (with exceptions): (1) the Fair Labor Standards Act of 1938 (FLSA); (2) the Occupational Safety and Health Act of 1970 (OSHA); (3) the Civil Rights Act of 1964; (4) the Age Discrimination in Employment Act of 1967; (5) the Americans with Disabilities Act of 1990 (ADA); (6) the Rehabilitation Act of 1973; (7) the Family and Medical Leave Act of 1993; (8) the Employee Polygraph Protection Act of 1988; (9) the Worker Adjustment and Retraining Notification Act; (10) the Freedom of Information Act (FOIA); (11) the Privacy Act of 1974 (Privacy Act); and (12) provisions governing Federal labor-management relations. (Sec. 3) Establishes in the legislative branch an Office of Compliance. Provides for a Board of Directors: (1) to issue regulations that specify the manner in which provisions of this Act shall be implemented to ensure compliance; (2) when proposing regulations, to recommend to the Congress any needed changes in or repeals of existing law to accommodate the application of such provision to its employees and offices; and (3) to study provisions of Federal law relating to employment, personnel actions, or availability of information to the public that are similar to such provision and that do not apply to congressional offices or employees, and recommend to the Congress whether any of those provisions should be applied to congressional offices or employees. Sets forth congressional disapproval procedures with respect to the issuance of regulations of, and rulemaking by, the Office. Requires the Board to carry out a program to inform Members of Congress, congressional employees, and heads of congressional offices as to the provisions, including remedies, made applicable to the legislative branch. (Sec. 5) Sets forth procedures for consideration of alleged violations of civil rights and personnel requirements, including: (1) step I, counseling; (2) step II, mediation; and (3) at the election of the employee alleging the violation, step IIIA, formal complaint and hearing by a hearing board, and step IV, judicial review of a hearing board decision by the U.S. Court of Appeals for the Federal Circuit, or step IIIB, a civil action in a U.S. district court. (Sec. 11) Sets forth procedures for consideration of alleged violations relating to: (1) information requirements; and (2) labor management and occupational health and safety requirements. (Sec. 13) Makes FOIA and the Privacy Act inapplicable to specified offices, including the personnel offices of Members of Congress, congressional committees, and the offices of any caucus or partisan organization related to the Congress. (Sec. 15) Treats intimidation of, or reprisal against, a congressional employee by any Member or officer of the Congress, any head of a congressional office, or any congressional employee, because of the exercise of a right under this Act, as an unlawful employment practice. (Sec. 16) Sets forth provisions regarding confidentiality with respect to counseling, mediation, hearings, release of records for judicial review, and access by congressional committees. (Sec. 17) Requires the Office, on a regular basis and at least once during each Congress, to request that the Secretary of Labor and the Architectural and Transportation Barriers Compliance Board detail to the Office such personnel as necessary to inspect the facilities of the legislative branch to ensure compliance with OSHA, FLSA, and ADA. (Sec. 18) Requires the executive director of the office (appointed by the chairperson of the Board) to: (1) collect information with respect to complaints filed under this Act; and (2) submit for publication in the Congressional Record a report containing such information, without identifying parties by name. (Sec. 19) Specifies that it shall not be a violation to consider the party affiliation, domicile, or political compatibility with the employing office of an employee with respect to employment decisions issued under this Act. (Sec. 20) Prohibits a congressional employee from commencing a judicial proceeding to redress practices prohibited under this Act, except as provided in this Act. (Sec. 22) Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Seniors' Retirement Recovery Act of 2005''. SEC. 2. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL SECURITY BENEFITS. (a) Restoration of Prior Law Formula.--Subsection (a) of section 86 of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes Social Security benefits in an amount equal to the lesser of-- ``(1) one-half of the Social Security benefits received during the taxable year, or ``(2) one-half of the excess described in subsection (b)(1).''. (b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 of such Code is amended to read as follows: ``(c) Base Amount.--For purposes of this section, the term `base amount' means-- ``(1) except as otherwise provided in this subsection, $25,000, ``(2) $32,000 in the case of a joint return, and ``(3) zero in the case of a taxpayer who-- ``(A) is married as of the close of the taxable year (within the meaning of section 7703) but does not file a joint return for such year, and ``(B) does not live apart from his spouse at all times during the taxable year.''. (c) Conforming Amendments.-- (1) Subparagraph (A) of section 871(a)(3) of such Code is amended by striking ``85 percent'' and inserting ``50 percent''. (2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended-- (i) by striking ``(A) There'' and inserting ``There''; (ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and (iii) by striking ``, less (ii)'' and all that follows and inserting a period. (B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B). (C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B). (D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''. (d) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2005. (2) Subsection (c)(1).--The amendment made by subsection (c)(1) shall apply to benefits paid after December 31, 2005. (3) Subsection (c)(2).--The amendments made by subsection (c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2005. (e) Maintenance of Transfers to Hospital Insurance Trust Fund.-- (1) In general.--There are hereby appropriated to the Hospital Insurance Trust Fund established under section 1817 of the Social Security Act amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted. (2) Reports.--The Secretary of the Treasury or the Secretary's delegate shall annually report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the amounts and timing of the transfers under this subsection. SEC. 3. AGE FOR BEGINNING MANDATORY DISTRIBUTIONS INCREASED TO 80. (a) Qualified Pension Plans.--Subparagraphs (B)(iv) and (C) of section 401(a)(9) of the Internal Revenue Code of 1986 (relating to required distributions) are each amended by striking ``70\1/2\'' each place it appears and inserting ``80''. (b) Individual Retirement Plans.-- (1) Paragraph (1) of section 219(d) of such Code is amended-- (A) by striking ``70\1/2\'' in the text and inserting ``80'', and (B) by striking ``70\1/2\'' in the heading and inserting ``80''. (2) Subsection (b) of section 408 of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (c) Roth IRA's.--Paragraph (4) of section 408A(c) of such Code is amended-- (1) by striking ``70\1/2\'' in the text and inserting ``80'', and (2) by striking ``70\1/2\'' in the heading and inserting ``80''. (d) Section 457 Plans.--Clause (i) of section 457(d)(1)(A) of such Code is amended by striking ``70\1/2\'' and inserting ``80''. (e) Effective Date.--The amendments made by this section shall apply to distributions after the date of the enactment of this Act.
Seniors' Retirement Recovery Act of 2005 - Amends the Internal Revenue Code to repeal the 85 percent maximum tax rate on Social Security and Railroad Retirement benefits enacted by the Omnibus Budget Reconciliation Act of 1993. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenues resulting from the repeal of the 85 percent rate. Increases from 70 1/2 to 80 the age at which pension plan and individual retirement account beneficiaries must begin taking distributions.
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SECTION 1. SHORT TITLE AND PURPOSE. (a) Short Title.--This Act may be cited as the ``Rocky Mountain National Park Wilderness Act of 1998''. (b) Purpose.--The purpose of this Act is to include certain lands within Rocky Mountain National Park in the National Wilderness Preservation System in order to protect their enduring scenic and historic wilderness character and unique wildlife values as well as their scientific, educational, inspirational, and recreational resources, values, and opportunities. SEC. 2. WILDERNESS DESIGNATION AND MAP. (a) Designation.--(1) In furtherance of the purpose of the Wilderness Act (16 U.S.C. 1131 et seq.), certain lands within Rocky Mountain National Park, Colorado, which comprise approximately 249,562 acres, as generally depicted on a map entitled ``Rocky Mountain National Park Wilderness--Proposed'' and dated June, 1998, are hereby designated as wilderness and, therefore, as components of the National Wilderness Preservation System and shall be known as the Rocky Mountain National Park Wilderness. (b) Map and Description.--As soon as practicable after the date of enactment of this Act, the Secretary of the Interior shall file a map and a boundary description of the lands designated as wilderness by this section with the Committee on Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this Act, except that the Secretary is authorized to correct clerical and typographical errors in such map and description. Such map and description shall be on file and available for public inspection in the office of the Director of the National Park Service, Department of the Interior. SEC. 3. ADMINISTRATIVE PROVISIONS. (a)(1) In General.--Subject to valid existing rights, lands designated as wilderness by this Act shall be managed by the Secretary of the Interior in accordance with the Wilderness Act and this Act, except that, with respect to the lands designated as wilderness by this Act, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. (2) Potential Wilderness.-- (A) Definition.--As used in this paragraph, the term ``potential wilderness lands'' means: (i) lands within the boundaries of the areas designated as wilderness by this Act that are identified as ``potential wilderness'' on the map referred to in section 2(a); and (ii) lands and interests therein acquired by the United States on or after the date of enactment of this Act that are located within the boundaries of Rocky Mountain National Park and contiguous with lands designated as wilderness by this Act. (B) Management.--Potential wilderness lands shall be managed as components of the National Wilderness Preservation System upon publication in the Federal Register of a notice by the Secretary of the Interior that all uses thereon inconsistent with the Wilderness Act have ceased. (b) Water Rights.--(1) The Congress finds that, according to decisions of courts of the State of Colorado, the United States has existing rights to substantial quantities of water within Rocky Mountain National Park, and that consequently there is no need for this Act to effect a reservation by the United States of any additional water rights to fulfill the purposes for which the wilderness designations made by this Act are made. (2) Nothing in this Act or any action taken pursuant thereto shall constitute either an express or implied reservation of water or water rights for any purpose. (c) Colorado-Big Thompson Project.-- (1) Existing activities.--Activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operation, maintenance, repair, replacement, or use of the Colorado-Big Thompson Project and its facilities which were allowed as of June 1, 1998, shall be allowed to continue, and shall not be affected by the designation of such lands as wilderness. (2) New activities.--In addition to the activities described in paragraph (1), any other activities on, under, or affecting the lands designated as wilderness by this Act that are necessary to respond to catastrophic events or emergencies and that affect the continued operation, maintenance, repair, replacement or use of the Colorado-Big Thompson Project and its facilities shall be allowed, subject to reasonable restrictions established by the Secretary of the Interior in order to protect the wilderness values of such lands; Provided, however, That any such restrictions shall not permanently reduce the water supply capability of the Colorado-Big Thompson Project or the Windy Gap Project. (3) Other projects.--Nothing in section 1 of the Act of January 26, 1915 (16 U.S.C. 191; 38 State. 798) shall be construed to permit development within the lands designated as wilderness by this Act of any reclamation project not in existence on the date of enactment of this Act. (d) Exclusions.--(1) Boundaries for the wilderness and potential wilderness areas designated by this Act specifically exclude-- (A) the Grand Ditch (including both the main canal of the Grand Ditch and a branch thereof known as the Specimen Ditch) and its right-of-way as well as associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998; and (B) lands owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the inlet ditch to such reservoir from the North St. Vrain Creek, amounting to approximately 35.38 acres. (2) Nothing in this Act shall affect management or use of any lands not included within the boundaries of the areas designated as wilderness or potential wilderness by this Act. (e) No Buffer Zones.--Congress does not intend that the designation by this Act of wilderness areas in the State of Colorado creates or implies the creation of protective perimeters or buffer zones around any wilderness area. The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area.
Rocky Mountain National Park Wilderness Act of 1998 - Designates certain lands in Rocky Mountain National Park, Colorado, as components of the National Wilderness Preservation System, which shall be known as the Rocky Mountain National Park Wilderness. Provides that activities on, under, or affecting the lands designated as wilderness by this Act relating to the monitoring, operating, maintenance, repair, replacement, or use of the Colorado- Big Thompson Project (Project) and its facilities which were allowed as of June 1, 1998, shall be allowed to continue, and shall not be affected by the designation of such lands as wilderness. Allows any other activities necessary to respond to catastrophic events or emergencies and affecting continued use of such Project and its facilities, subject to reasonable restrictions established by the Secretary of the Interior to protect the wilderness values of such lands that will not permanently reduce the water supply capability of the Project or the Windy Gap Project.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Legislative Exceptional Events Reforms Act of 2017''. SEC. 2. CLEAN AIR ACT EXCEPTIONAL EVENTS. Section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) is amended-- (1) in paragraph (1)(B)-- (A) in clause (i), by inserting ``or'' after the semicolon; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii); and (2) in paragraph (3)-- (A) in subparagraph (B)(iv), by striking ``to petition the Administrator to'' and inserting ``to submit a petition (in this section referred to as an `exceptional event demonstration') to the Administrator to''; and (B) by adding at the end the following: ``(C) Criteria for determination of exceptional event demonstration.-- ``(i) In general.--The criteria for evidence, analyses, and documentation applicable to approval or disapproval of an exceptional event demonstration under the regulations under this section shall be stated with specificity in order to minimize the discretion of the Administrator in approving or disapproving that demonstration. ``(ii) State participation.--The Administrator shall develop the criteria in conjunction with input from the States. ``(iii) Contents.--The criteria shall reflect the varying levels of technical expertise and resources available in State and local agencies and the varying availability of meteorological and other monitoring data in rural areas, and may vary with respect to different regions. ``(iv) Considerations.--In developing the criteria, the Administrator shall consider the use of an expedited or streamlined approval process and conditions under which exceptional event demonstrations may be suitable for such a process. ``(D) Timing of determination of exceptional event demonstration.-- ``(i) Deadline for determination.-- ``(I) In general.--Not later than 90 days after submission of an exceptional event demonstration, the Administrator shall approve, disapprove, or request additional information from a State regarding the exceptional event demonstration. ``(II) Administration.--If the Administrator does not approve, disapprove, or request additional information relating to an exceptional event demonstration within the 90-day period described in subclause (I), the demonstration shall be considered to be approved on the day after the date on which that 90-day period ends. ``(ii) Deadline if additional information requested.-- ``(I) In general.--If the Administrator requests additional information from a State regarding an exceptional event demonstration under clause (i), not later than 90 days after the submission of that additional information, the Administrator shall approve or disapprove the demonstration. ``(II) Administration.--If the Administrator does not approve or disapprove a demonstration for which additional information is submitted within the 90-day period described in subclause (I), the demonstration shall be considered to be approved. ``(E) Burden of proof.--The regulations promulgated under this section shall provide that-- ``(i) a determination by the Administrator with respect to approval or disapproval of an exceptional event demonstration be based on a preponderance of the evidence; and ``(ii) in making a determination, the Administrator-- ``(I) shall accord substantial deference to the findings of the State exceptional event demonstration; and ``(II) may develop and use analyses and consider evidence not provided in the exceptional event demonstration, subject to the condition that the analyses are developed by the Environmental Protection Agency. ``(F) Appeals.-- ``(i) Disapproval.-- ``(I) In general.--Subject to subclause (II), disapproval by the Administrator of an exceptional event demonstration shall be considered final action subject to judicial review under section 307(b). ``(II) Limitation.--Notwithstanding subclause (I), disapproval by the Administrator of an exceptional event demonstration shall only be subject to appeal by the State that submitted the exceptional event demonstration. ``(ii) Approval.--Approval by the Administrator of an exceptional event demonstration shall not be subject to appeal or other judicial action.''. SEC. 3. REVISION OF REGULATIONS. After providing for a notice and comment period, but not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall revise the regulations under section 319(b) of the Clean Air Act (42 U.S.C. 7619(b)) to carry out the amendments made by this Act.
Commonsense Legislative Exceptional Events Reforms Act of 2017 This bill amends the Clean Air Act to revise the criteria used by the Environmental Protection Agency in reviewing state air quality monitoring data influenced by exceptional events. Currently, an exceptional event affects air quality, is not reasonably controllable or preventable, and is caused by a natural event or by human activity that is unlikely to recur at a particular location. This bill allows an exceptional event to include a meteorological event involving high temperatures or lack of precipitation. Under current law, states may petition the EPA to exclude air quality monitoring data that are affected by an exceptional event in determining whether there were exceedances or violations of the National Ambient Air Quality Standards. The bill requires the criteria used by the EPA in determining whether an exceptional event was demonstrated by a state to be specific in order to minimize the discretion of the EPA in approving or disapproving the demonstration. The EPA must make a determination within 90 days after the submission of a petition by a state of an exceptional event demonstration. The demonstration is approved if the EPA does not make a determination by that deadline. A determination must be based on a preponderance of the evidence and give substantial deference to the findings of the state exceptional event demonstration. An appeal process for reviewing a disapproval of a demonstration is established.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS Sec. 101. Prohibiting taxpayer funded abortions. Sec. 102. Amendment to table of chapters. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT Sec. 201. Clarifying application of prohibition to premium credits and cost-sharing reductions under ACA. Sec. 202. Revision of notice requirements regarding disclosure of extent of health plan coverage of abortion and abortion premium surcharges. TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS SEC. 101. PROHIBITING TAXPAYER FUNDED ABORTIONS. Title 1, United States Code is amended by adding at the end the following new chapter: ``CHAPTER 4--PROHIBITING TAXPAYER FUNDED ABORTIONS ``301. Prohibition on funding for abortions. ``302. Prohibition on funding for health benefits plans that cover abortion. ``303. Limitation on Federal facilities and employees. ``304. Construction relating to separate coverage. ``305. Construction relating to the use of non-Federal funds for health coverage. ``306. Non-preemption of other Federal laws. ``307. Construction relating to complications arising from abortion. ``308. Treatment of abortions related to rape, incest, or preserving the life of the mother. ``309. Application to District of Columbia. ``Sec. 301. Prohibition on funding for abortions ``No funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for any abortion. ``Sec. 302. Prohibition on funding for health benefits plans that cover abortion ``None of the funds authorized or appropriated by Federal law, and none of the funds in any trust fund to which funds are authorized or appropriated by Federal law, shall be expended for health benefits coverage that includes coverage of abortion. ``Sec. 303. Limitation on Federal facilities and employees ``No health care service furnished-- ``(1) by or in a health care facility owned or operated by the Federal Government; or ``(2) by any physician or other individual employed by the Federal Government to provide health care services within the scope of the physician's or individual's employment, may include abortion. ``Sec. 304. Construction relating to separate coverage ``Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate abortion coverage or health benefits coverage that includes abortion so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 305. Construction relating to the use of non-Federal funds for health coverage ``Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering abortion coverage, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State's or locality's contribution of Medicaid matching funds. ``Sec. 306. Non-preemption of other Federal laws ``Nothing in this chapter shall repeal, amend, or have any effect on any other Federal law to the extent such law imposes any limitation on the use of funds for abortion or for health benefits coverage that includes coverage of abortion, beyond the limitations set forth in this chapter. ``Sec. 307. Construction relating to complications arising from abortion ``Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. This rule of construction shall be applicable without regard to whether the abortion was performed in accord with Federal or State law, and without regard to whether funding for the abortion is permissible under section 308. ``Sec. 308. Treatment of abortions related to rape, incest, or preserving the life of the mother ``The limitations established in sections 301, 302, and 303 shall not apply to an abortion-- ``(1) if the pregnancy is the result of an act of rape or incest; or ``(2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. ``Sec. 309. Application to District of Columbia ``In this chapter: ``(1) Any reference to funds appropriated by Federal law shall be treated as including any amounts within the budget of the District of Columbia that have been approved by Act of Congress pursuant to section 446 of the District of Columbia Home Rule Act (or any applicable successor Federal law). ``(2) The term `Federal Government' includes the government of the District of Columbia.''. SEC. 102. AMENDMENT TO TABLE OF CHAPTERS. The table of chapters for title 1, United States Code, is amended by adding at the end the following new item: ``4. Prohibiting taxpayer funded abortions.................. 301''. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT SEC. 201. CLARIFYING APPLICATION OF PROHIBITION TO PREMIUM CREDITS AND COST-SHARING REDUCTIONS UNDER ACA. (a) In General.-- (1) Disallowance of refundable credit and cost-sharing reductions for coverage under qualified health plan which provides coverage for abortion.-- (A) In general.--Subparagraph (A) of section 36B(c)(3) of the Internal Revenue Code of 1986 is amended by inserting before the period at the end the following: ``or any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code)''. (B) Option to purchase or offer separate coverage or plan.--Paragraph (3) of section 36B(c) of such Code is amended by adding at the end the following new subparagraph: ``(C) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any individual from purchasing separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the premiums for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as premiums for such separate coverage or plan are not paid for with any amount attributable to the credit allowed under this section (or the amount of any advance payment of the credit under section 1412 of the Patient Protection and Affordable Care Act).''. (2) Disallowance of small employer health insurance expense credit for plan which includes coverage for abortion.-- Subsection (h) of section 45R of the Internal Revenue Code of 1986 is amended-- (A) by striking ``Any term'' and inserting the following: ``(1) In general.--Any term''; and (B) by adding at the end the following new paragraph: ``(2) Exclusion of health plans including coverage for abortion.-- ``(A) In general.--The term `qualified health plan' does not include any health plan that includes coverage for abortions (other than any abortion or treatment described in section 307 or 308 of title 1, United States Code). ``(B) Separate abortion coverage or plan allowed.-- ``(i) Option to purchase separate coverage or plan.--Nothing in subparagraph (A) shall be construed as prohibiting any employer from purchasing for its employees separate coverage for abortions described in such subparagraph, or a health plan that includes such abortions, so long as no credit is allowed under this section with respect to the employer contributions for such coverage or plan. ``(ii) Option to offer coverage or plan.-- Nothing in subparagraph (A) shall restrict any non-Federal health insurance issuer offering a health plan from offering separate coverage for abortions described in such subparagraph, or a plan that includes such abortions, so long as such separate coverage or plan is not paid for with any employer contribution eligible for the credit allowed under this section.''. (3) Conforming aca amendments.--Section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended-- (A) by striking paragraph (2); (B) by striking paragraph (3), as amended by section 202(a); and (C) by redesignating paragraph (4) as paragraph (2). (b) Application to Multi-State Plans.--Paragraph (6) of section 1334(a) of Public Law 111-148 (42 U.S.C. 18054(a)) is amended to read as follows: ``(6) Coverage consistent with federal abortion policy.--In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides health benefits coverage for which the expenditure of Federal funds is prohibited under chapter 4 of title 1, United States Code.''. (c) Effective Date.--The amendments made by subsection (a) shall apply to taxable years ending after December 31, 2015, but only with respect to plan years beginning after such date, and the amendment made by subsection (b) shall apply to plan years beginning after such date. SEC. 202. REVISION OF NOTICE REQUIREMENTS REGARDING DISCLOSURE OF EXTENT OF HEALTH PLAN COVERAGE OF ABORTION AND ABORTION PREMIUM SURCHARGES. (a) In General.--Paragraph (3) of section 1303(b) of Public Law 111-148 (42 U.S.C. 18023(b)) is amended to read as follows: ``(3) Rules relating to notice.-- ``(A) In general.--The extent of coverage (if any) of services described in paragraph (1)(B)(i) or (1)(B)(ii) by a qualified health plan shall be disclosed to enrollees at the time of enrollment in the plan and shall be prominently displayed in any marketing or advertising materials, comparison tools, or summary of benefits and coverage explanation made available with respect to such plan by the issuer of the plan, by an Exchange, or by the Secretary, including information made available through an Internet portal or Exchange under sections 1311(c)(5) and 1311(d)(4)(C). ``(B) Separate disclosure of abortion surcharges.-- In the case of a qualified health plan that includes the services described in paragraph (1)(B)(i) and where the premium for the plan is disclosed, including in any marketing or advertising materials or any other information referred to in subparagraph (A), the surcharge described in paragraph (2)(B)(i)(II) that is attributable to such services shall also be disclosed and identified separately.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to materials, tools, or other information made available more than 30 days after the date of the enactment of this Act. Passed the House of Representatives January 22, 2015. Attest: KAREN L. HAAS, Clerk.
. No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2015 TITLE I--PROHIBITING FEDERALLY FUNDED ABORTIONS (Sec. 101) This bill prohibits federal funds, including funds in the budget of the District of Columbia, from being expended for abortion or health coverage that includes coverage of abortion. Abortions are eligible for federal funding only in cases of rape or incest, or where a physical condition endangers a woman's life unless an abortion is performed. Currently, federal funding of abortion and health coverage that includes abortion is prohibited, with the same exceptions. Health care provided in a federal health care facility or by a federal employee may not include abortions that are ineligible for federal funding. TITLE II--APPLICATION UNDER THE AFFORDABLE CARE ACT (Sec. 201) This bill amends the Internal Revenue Code to disallow premium assistance tax credits or health insurance tax credits for qualified health plans that cover abortions ineligible for federal funding. This bill amends the Patient Protection and Affordable Care Act to require the Office of Personnel Management to ensure that multi-state qualified health plans offered on health insurance exchanges do not cover abortions ineligible for federal funding. (Sec. 202) A qualified health plan's coverage of abortion must be disclosed to enrollees at the time of enrollment and must be prominently displayed in marketing materials, comparison tools, or any summary of benefits and coverage made available by the plan issuer, a health insurance exchange, or the Department of Health and Human Services. The amount of a plan's premium that is attributable to coverage of abortions ineligible for federal funding must be disclosed in material where the premium is disclosed.
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SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS. (a) Use of Residential Substance Abuse Treatment Grants To Provide Aftercare Services.--Section 1901 of part S of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by adding at the end the following: ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.-- A State may use amounts received under this part to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates that meet the requirements of subsection (c), if the chief executive officer of the State certifies to the Attorney General that the State is providing, and will continue to provide, an adequate level of residential treatment services.''. (b) Jail-Based Substance Abuse Treatment.--Part S of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended by adding at the end the following: ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT. ``(a) Definitions.--In this section: ``(1) Jail-based substance abuse treatment program.--The term `jail-based substance abuse treatment program' means a course of individual and group activities, lasting for a period of not less than 3 months, in an area of a correctional facility set apart from the general population of the correctional facility, if those activities are-- ``(A) directed at the substance abuse problems of prisoners; and ``(B) intended to develop the cognitive, behavioral, social, vocational, and other skills of prisoners in order to address the substance abuse and related problems of prisoners. ``(2) Local correctional facility.--The term `local correctional facility' means any correctional facility operated by a unit of local government. ``(b) Authorization.-- ``(1) In general.--Not less than 10 percent of the total amount made available to a State under section 1904(a) for any fiscal year may be used by the State to make grants to local correctional facilities in the State for the purpose of assisting jail-based substance abuse treatment programs established by those local correctional facilities. ``(2) Federal share.--The Federal share of a grant made by a State under this section to a local correctional facility may not exceed 75 percent of the total cost of the jail-based substance abuse treatment program described in the application submitted under subsection (c) for the fiscal year for which the program receives assistance under this section. ``(c) Applications.-- ``(1) In general.--To be eligible to receive a grant from a State under this section for a jail-based substance abuse treatment program, the chief executive of a local correctional facility shall submit to the State, in such form and containing such information as the State may reasonably require, an application that meets the requirements of paragraph (2). ``(2) Application requirements.--Each application submitted under paragraph (1) shall include-- ``(A) with respect to the jail-based substance abuse treatment program for which assistance is sought, a description of the program and a written certification that-- ``(i) the program has been in effect for not less than 2 consecutive years before the date on which the application is submitted; and ``(ii) the local correctional facility will-- ``(I) coordinate the design and implementation of the program between local correctional facility representatives and the appropriate State and local alcohol and substance abuse agencies; ``(II) implement (or continue to require) urinalysis or other proven reliable forms of substance abuse testing of individuals participating in the program, including the testing of individuals released from the jail- based substance abuse treatment program who remain in the custody of the local correctional facility; and ``(III) carry out the program in accordance with guidelines, which shall be established by the State, in order to guarantee each participant in the program access to consistent, continual care if transferred to a different local correctional facility within the State; ``(B) written assurances that Federal funds received by the local correctional facility from the State under this section will be used to supplement, and not to supplant, non-Federal funds that would otherwise be available for jail-based substance abuse treatment programs assisted with amounts made available to the local correctional facility under this section; and ``(C) a description of the manner in which amounts received by the local correctional facility from the State under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services provided to the local correctional facility by the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services. ``(d) Review of Applications.-- ``(1) In general.--Upon receipt of an application under subsection (c), the State shall-- ``(A) review the application to ensure that the application, and the jail-based residential substance abuse treatment program for which a grant under this section is sought, meet the requirements of this section; and ``(B) if the requirements of this section are met, make an affirmative finding in writing that the jail- based substance abuse treatment program for which assistance is sought meets the requirements of this section. ``(2) Approval.--Based on the review conducted under paragraph (1), not later than 90 days after the date on which an application is submitted under subsection (c), the State shall-- ``(A) approve the application, disapprove the application, or request a continued evaluation of the application for an additional period of 90 days; and ``(B) notify the applicant of the action taken under subparagraph (A) and, with respect to any denial of an application under subparagraph (A), afford the applicant an opportunity for reconsideration. ``(3) Eligibility for preference with aftercare component.-- ``(A) In general.--In making grants under this section, a State shall give preference to applications from local correctional facilities that ensure that each participant in the jail-based substance abuse treatment program for which a grant under this section is sought, is required to participate in an aftercare services program that meets the requirements of subparagraph (B), for a period of not less than 1 year following the earlier of-- ``(i) the date on which the participant completes the jail-based substance abuse treatment program; or ``(ii) the date on which the participant is released from the correctional facility at the end of the sentence of the participant or is released on parole. ``(B) Aftercare services program requirements.--For purposes of subparagraph (A), an aftercare services program meets the requirements of this paragraph if the program-- ``(i) in selecting individuals for participation in the program, gives priority to individuals who have completed a jail-based substance abuse treatment program; ``(ii) requires each participant in the program to submit to periodic substance abuse testing; and ``(iii) involves the coordination between the jail-based substance abuse treatment program and other human service and rehabilitation programs that may assist in the rehabilitation of program participants, such as-- ``(I) educational and job training programs; ``(II) parole supervision programs; ``(III) half-way house programs; and ``(IV) participation in self-help and peer group programs; and ``(iv) assists in placing jail-based substance abuse treatment program participants with appropriate community substance abuse treatment facilities upon release from the correctional facility at the end of a sentence or on parole. ``(e) Coordination and Consultation.-- ``(1) Coordination.--Each State that makes 1 or more grants under this section in any fiscal year shall, to the maximum extent practicable, implement a statewide communications network with the capacity to track the participants in jail- based substance abuse treatment programs established by local correctional facilities in the State as those participants move between local correctional facilities within the State. ``(2) Consultation.--Each State described in paragraph (1) shall consult with the Attorney General and the Secretary of Health and Human Services to ensure that each jail-based substance abuse treatment program assisted with a grant made by the State under this section incorporates applicable components of comprehensive approaches, including relapse prevention and aftercare services. ``(f) Use of Grant Amounts.-- ``(1) In general.--Each local correctional facility that receives a grant under this section shall use the grant amount solely for the purpose of carrying out the jail-based substance abuse treatment program described in the application submitted under subsection (c). ``(2) Administration.--Each local correctional facility that receives a grant under this section shall carry out all activities relating to the administration of the grant amount, including reviewing the manner in which the amount is expended, processing, monitoring the progress of the program assisted, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. ``(3) Restriction.--A local correctional facility may not use any amount of a grant under this section for land acquisition or a construction project. ``(g) Reporting Requirement; Performance Review.-- ``(1) Reporting requirement.--Not later than March 1 of each year, each local correctional facility that receives a grant under this section shall submit to the Attorney General, through the State, a description and evaluation of the jail- based substance abuse treatment program carried out by the local correctional facility with the grant amount, in such form and containing such information as the Attorney General may reasonably require. ``(2) Performance review.--The Attorney General shall conduct an annual review of each jail-based substance abuse treatment program assisted under this section, in order to verify the compliance of local correctional facilities with the requirements of this section. ``(h) No Effect on State Allocation.--Nothing in this section shall be construed to affect the allocation of amounts to States under section 1904(a).''. (c) Technical Amendment.--The table of contents for title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the matter relating to part S, by adding at the end the following: ``1906. Jail-based substance abuse treatment.''.
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize: (1) a State to use residential substance abuse treatment grant amounts to provide non-residential substance abuse treatment aftercare services for State prisoners, subject to specified requirements and certification by the State's chief executive officer; and (2) not less than ten percent of the total amount made available to a State for residential substance abuse treatment for State prisoners to be used for grants to local correctional facilities in the State to assist jail-based substance abuse treatment programs. Limits the Federal share (with respect to the latter) to 75 percent of the total program cost.Grants preference to applications that provide for certain aftercare services and periodic substance abuse testing. Requires States making grants to implement a statewide communications network with the capacity to track participants.
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SECTION 1. APPLICATION OF INFORMATION DISCLOSURE REQUIREMENTS TO CONGRESS. (a) In General.--Notwithstanding any other provision of law, and subject to the amendments made by this Act, the provisions of section 552 of title 5, United States Code (popularly known as the ``Freedom of Information Act''), shall apply to the legislative branch. (b) Conforming Amendment.--Section 551(1)(A) of title 5, United States Code (relating to the exclusion of the Congress from, among other matters, laws requiring the disclosure of public information), is amended to read as follows: ``(A) except as that term is used in section 552, the Congress;''. SEC. 2. SPECIAL RULES REGARDING APPLICATION OF INFORMATION DISCLOSURE REQUIREMENTS TO LEGISLATIVE BRANCH. (a) Authority to Decide Complaints.--Section 552(a)(4) of title 5, United States Code, is amended-- (1) in subparagraph (B) in the first sentence by inserting before the period the following: ``, except that in the case of a complaint against an agency in the legislative branch a member of the Disclosure Review Board selected under subsection (g)(2) shall have that jurisdiction''; (2) in subparagraph (E) by striking ``The court'' and inserting ``The court or member of the Disclosure Review Board''; and (3) by striking ``the court'' each place it appears and inserting ``the court or member of the Disclosure Review Board''. (b) Procedures for Deciding Complaints.--Section 552 of title 5, United States Code (relating to the disclosure of public information), is amended by adding at the end the following new subsections: ``(g)(1) There is established in the legislative branch of the Federal Government a board to be known as the Disclosure Review Board. Each member of the Board shall have the jurisdiction to hear and determine claims certified under subsection (i)(4)(B) to the Board and referred to such member, in accordance with rules issued under subsection (m), for hearing and determination. ``(2)(A) Members of the Board shall be appointed from among individuals who are retired from Federal service as administrative law judges appointed under section 3105, as follows: ``(i) 3 members shall be appointed by the Speaker of the House of Representatives. ``(ii) 3 members shall be appointed by the minority leader of the House of Representatives. ``(iii) 3 members shall be appointed by the majority leader of the Senate. ``(iv) 3 members shall be appointed by the minority leader of the Senate. ``(B) Any individual so appointed shall serve on the Board for a term of 2 years and may be reappointed to the Board. Any member of the board who is hearing and determining any claim under this section at the time the term of such member expires may continue to serve as a member of the Board until such individual concludes the determination of such claim. ``(3)(A) For any claim in a complaint under subsection (b)(4)(B) filed with the Disclosure Review Board alleging a failure by a Member of Congress or any individual on the personal staff of a Member of Congress to make available information, records, or other material required by this section to be made available, one of the members of the Board shall be selected as follows to hear and determine the claims alleged in such complaint which are certified under subsection (i)(4)(B): ``(i) If such Member of Congress belongs to the majority party of the House of Congress to which such Member belongs, then the minority leader of such House of Congress shall select the member of the Board to hear and determine such claim. ``(ii) If such Member of Congress belongs to the minority party of the House of Congress to which such Member belongs, then the Speaker of the House of Representatives (if such Member belongs to the House of Representatives) or the majority leader of the Senate (if such Member belongs to the Senate) shall select the member of the Board to hear and determine such claim. ``(B) If a claim in a complaint filed under subsection (b) alleges that a committee of Congress (other than a joint committee), an agency established in a House of Congress, or any individual on the staff of such committee or agency has failed to make available information, records, or other material required by this section to be made available, then one of the members of the Board shall be selected as follows to hear and determine the claims alleged in such complaint which are certified under subsection (i)(4)(B): ``(i) If such committee or agency is established in the House of Representatives, then the Speaker of the House of Representatives shall select the member of the Board to hear and determine such claim. ``(ii) If such committee or agency is established in the Senate, then the majority leader of the Senate shall select a member of the Board to hear and determine such claim. ``(C) If a claim in a complaint filed under subsection (b) alleges that a joint committee of Congress, an agency established in the legislative branch of the Federal Government (other than an agency established in a House of Congress), or any individual on the staff of such committee or agency has failed to make available information, records, or other material required by this section to be made available, then the Speaker of the House of Representatives shall select a member of the Board to hear and determine such claim. ``(4) The offices of the Board shall be in the District of Columbia. There shall be detailed to the Board such employees of the Congress as the Board may require to carry out its duties under this section. ``(h)(1) The Board shall designate one of its members (other than any Special Hearing Member) to serve for a term of 1 year as the Complaint Referral Officer. The Complaint Referral Officer may not hear or determine any claim in a complaint referred under paragraph (2) to such Officer. ``(2) Except as provided in subparagraph (B), each complaint filed with the Board in accordance with subsection (b) shall be referred immediately to the Complaint Referral Officer. ``(3) Not later than 15 days after a complaint filed in accordance with subsection (b)(4) is received by the Board, the Complaint Referral Officer shall appoint an individual (other than a member of the Board) to serve as the Investigating Counsel with respect to such complaint and shall refer such complaint to such Investigating Counsel. ``(i)(1) Each individual appointed under subsection (d)(3) as Investigating Counsel shall meet the qualifications for appointment as a United States magistrate specified in subsections (b), (c), and (d) of section 631 of title 28. ``(2)(A) An Investigating Counsel shall comply with the requirements for service applicable to part-time United States magistrates specified in section 632(b) of title 28. ``(B) If the appointment of an Investigating Counsel is terminated by reason of resignation, death, or removal from office, the Complaint Referral Officer shall appoint another individual as Investigating Counsel to complete the work of the Investigating Counsel who so resigned, died, or was removed. ``(C) An Investigating Counsel may be removed from office only by the Complaint Referral Officer and only for good cause, physical disability, mental incapacity, or any other condition that substantially impairs the performance of such Investigating Counsel's duties. ``(3) Not earlier than 45 days, and not later than 90 days, after receiving a complaint referred under paragraph (2), the Investigating Counsel involved shall conduct a thorough investigation of each unresolved claim therein alleging a failure to make available material required by this section to be made available and shall determine whether there is reasonable cause to believe any such claim is true. For purposes of conducting such investigation, such Investigating Counsel shall have investigative powers of the types vested in the Equal Employment Opportunity Commission by section 709(a) of the Civil Rights Act of 1964. ``(4)(A) If such Investigating Counsel determines that there is reasonable cause to believe any such claim is true, then such Investigating Counsel shall attempt to secure from the defendant and the person that filed the complaint making the claim, during the 30-day period beginning on the date of such determination, an agreement to make available the material that is the subject of the complaint. ``(B) If such Investigating Counsel is unable to secure such agreement with respect to any such claim, then such Investigating Counsel shall certify to the Board for hearing and determination each claim with respect to which such reasonable cause is found. ``(5)(A) Each Investigating Counsel appointed under this subsection shall be paid at the daily equivalent of the annual rate of basic pay payable from time to time for level IV of the Executive Schedule under section 5315 for each day (including traveltime) during which such Investigating Counsel is engaged in the actual performance of duties under this subsection. ``(B)(i) If the complaint with respect to which an Investigating Counsel is appointed is based on an alleged failure by the Congress to make available material, then the Investigating Counsel shall be paid compensation in connection with such complaint from the contingent fund of the House of Congress (upon vouchers approved by the Clerk of the House of Representatives or the Secretary of the Senate in which the failure occurred. ``(ii) If the complaint with respect to which an Investigating Counsel is appointed is based on an alleged failure to make available material by an agency or unit of the legislative branch of the Federal Government (other than the Congress), then the Investigating Counsel shall be paid compensation in connection with such complaint by such agency or unit from funds available to such agency or unit. ``(j)(1) The member of the Board, to whom a claim is referred under subsection (g) for hearing and determination shall make such determination as promptly as possible and, insofar as practicable, not later than 180 days after the date the Board received the complaint involved. ``(2)(A) Each determination made by the Board or a member of the Board shall be in writing. In the case of a determination made by a member of the Board to dispose of any claim in such complaint, such member shall file with the Board a written report containing such member's findings of fact and conclusions of law with respect to such claim. ``(B) If such member finds that the defendant has failed to make available material that is required by this section to be made available, then such member shall submit to the Board, and the Board shall issue, an order for relief which compels the defendant to do one or more of the following, as appropriate, for the benefit of the person that filed the complaint: ``(i) Make available the information, record, or other material that is the subject of the complaint, on such terms and conditions as determined to be appropriate. ``(ii) Pay compensatory damages. ``(iii) Pay the fees and allowances of witnesses in the same manner as is provided in section 1821 of title 28, and pay a reasonable attorney's fee. ``(C) Any payment ordered under subparagraph (B) with respect to a violation of this section by a Member of Congress, a committee of Congress, or an officer or employee of Congress shall be paid from the contingent fund of the appropriate House of Congress, upon vouchers approved by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be. ``(3)(A) Any member of the Board may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence that relates to a complaint pending before the Board. Such attendance of witnesses and production of evidence may be required from any place within the United States. Any member of the Board may administer oaths and affirmations. ``(B) If a person issued a subpoena under subparagraph (A) refuses to obey such subpoena or is guilty of contumacy, the district court of the United States for the District of Columbia or the district court of the United States for the judicial district within which such person is found or resides, or transacts business may, upon application by the Board, order such person to appear before the appropriate member of the Board to produce evidence or to give testimony relating to such complaint. Any failure to obey such order of the court may be punished by such court as a contempt thereof. ``(C) Subpoenas issued by members of the Board shall be served in the manner provided for subpoenas issued by a United States district courts under the Federal Rules of Civil Procedure. ``(D) All process of any court to which application may be made under this subsection may be served in the judicial district in which the person required to be served resides, is found, or transacts business. ``(E) For purposes of sections 6002 and 6004 of title 18, the Board shall be considered to be an agency of the United States. ``(4)(A) Except as otherwise provided in this section, rules 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 43, and 50 of the Federal Rules of Civil Procedure shall apply with respect to complaints filed under subsection (b)(1). ``(B) The Federal Rules of Evidence shall apply with respect to the hearing and determination of claims by the Board. ``(5)(A) Notwithstanding any other provision of law, none of the records of the Board relating to a complaint filed under subsection (b)(1) may be disclosed to the public by the Board or by any court or agency of the United States until the conclusion of any judicial review of the order issued by the Board disposing of such complaint or the expiration of any period allowed by law to seek such review, whichever occurs later. ``(B) No determination made by the Supreme Court of the United States, the Court of Appeals for the District of Columbia Circuit, the Board (or any member of the Board), or the Investigating Counsel with respect to any claim alleging a violation of this section is admissible in evidence in any administrative or judicial proceeding other than a proceeding authorized by law to review a determination made under this section by the Board (or any member of the Board) or the Court of Appeals for the District of Columbia Circuit. ``(6)(A) Any person who files a complaint under subsection (b)(4)(B) may attend, and may be represented by an attorney at, any hearing conducted under this subsection with respect to such complaint. ``(B)(i) Except as provided in clause (ii), if such individual resides more than 100 miles from the place where such hearing is held, then such individual shall be reimbursed by the defendant for any actual and reasonable costs incurred by such individual to attend such hearing. ``(ii) If such complaint is filed with respect to a failure by the Congress to make available materials, then such reimbursement shall be paid from the contingent fund of the appropriate House of Congress, upon vouchers approved by the Clerk of the House of Representatives or the Secretary of the Senate, as the case may be. ``(k)(1) Chapter 7 shall apply with respect to judicial review of orders of the Board. ``(2) The United States Court of Appeals for the District of Columbia Circuit shall have jurisdiction to review and to enjoin, set aside, suspend, modify, and enforce the orders of the Board. ``(3) Any person who is a party to a proceeding in which the Board issues an order may seek review of such order by filing in the United States Court of Appeals for the District of Columbia Circuit (hereinafter in this subsection referred to as the `court'), not later than 60 days after the date such order is entered by the Board, a written petition for review. A copy of the petition shall be transmitted by the clerk of the court to the Board, and, upon receipt of such copy the Board shall file with the court the record in the proceeding, in the manner provided in section 2112 of title 28. ``(4)(A) In any judicial proceeding to review an order of the Board, if any party-- ``(i) applies to the court for leave to adduce additional evidence; and ``(ii) shows to the satisfaction of the court that-- ``(I) such additional evidence is material; and ``(II) reasonable grounds exist for the failure to adduce such evidence in the proceeding before the Board; the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Board, in such manner and upon such terms as the court considers to be appropriate. ``(B) The Board may modify its findings of fact, or make new findings of fact, by reason of the additional evidence so taken, and shall file any such modified or new findings, together with any recommendations for the modification or setting aside of the original order of the Board. ``(C) The findings of fact of the Board may be set aside only if not supported by substantial evidence. ``(5) In any judicial proceeding to review an order of the Board, the court may remand, on its own motion, the case to the Board for such further action as the court may require. ``(6) In any action or proceeding under this section the court, in its discretion, may allow the prevailing party, a reasonable attorney's fee as part of the costs, and the United States shall be liable for costs the same as a private person. ``(l) Each member of the Board appointed under this section shall submit written reports at least annually to the Committee on Standards of Official Conduct of the House of Representatives and to the Senate Select Committee on Ethics describing the pending complaints referred to such member for determination and any determinations made by such member disposing of complaints during the reporting period involved. ``(m) The Board may issue rules of practice and procedure to carry out this section. ``(n)(1) Any right to relief under this section shall be in addition to, and not in lieu of, any right to relief under any other law. ``(2) No claim arising with respect to conduct which if true would constitute a violation of this section may proceed in any court of the United States if with respect to such conduct a claim by the same claimant then is pending before the Board.''. HR 3394 IH----2
Applies the Freedom of Information Act to the legislative branch. Establishes the Disclosure Review Board in the legislative branch to decide complaints relating to disclosure of information withheld by a legislative agency. Requires Board members to be appointed by the Speaker and minority leader of the House of Representatives and the minority and majority leaders of the Senate from among Federal retired administrative law judges. Authorizes a Board member to assess reasonable attorney's fees and other litigation costs incurred in any case in which the complainant substantially prevails under this Act against the United States. Requires the Board to designate one of its members to serve a one-year term as the Complaint Referral Officer. Requires such officer to appoint individuals to serve as Investigation Counsels to investigate and determine unresolved complaints received alleging failure by the legislative agency to make material available as required by this Act and to determine whether there is reasonable cause to believe that any such complaint is true. Requires the Investigation Counsel to meet U.S. magistrate qualifications.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Internet Freedom Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Commerce and the National Telecommunications and Information Administration (in this section referred to as the ``NTIA'') should be responsible for maintaining the continuity and stability of services related to certain interdependent Internet technical management functions, known collectively as the Internet Assigned Numbers Authority (in this section referred to as the ``IANA''), which includes-- (A) the coordination of the assignment of technical Internet protocol parameters; (B) the administration of certain responsibilities associated with the Internet domain name system root zone management; (C) the allocation of Internet numbering resources; and (D) other services related to the management of the Advanced Research Project Agency and INT top-level domains. (2) The interdependent technical functions described in paragraph (1) were performed on behalf of the Federal Government under a contract between the Defense Advanced Research Projects Agency and the University of Southern California as part of a research project known as the Tera-node Network Technology project. As the Tera-node Network Technology project neared completion and the contract neared expiration in 1999, the Federal Government recognized the need for the continued performance of the IANA functions as vital to the stability and correct functioning of the Internet. (3) The NTIA may use its contract authority to maintain the continuity and stability of services related to the IANA functions. (4) If the NTIA uses its contract authority, the contractor, in the performance of its duties, must have or develop a close constructive working relationship with all interested and affected parties to ensure quality and satisfactory performance of the IANA functions. The interested and affected parties include-- (A) the multi-stakeholder, private sector led, bottom-up policy development model for the domain name system that the Internet Corporation for Assigned Names and Numbers represents; (B) the Internet Engineering Task Force and the Internet Architecture Board; (C) Regional Internet Registries; (D) top-level domain operators and managers, such as country codes and generic; (E) governments; and (F) the Internet user community. (5) The IANA functions contract of the Department of Commerce explicitly declares that ``[a]ll deliverables provided under this contract become the property of the U.S. Government.''. One of the deliverables is the automated root zone. (6) Former President Bill Clinton's Internet czar Ira Magaziner stated that ``[t]he United States paid for the Internet, the Net was created under its auspices, and most importantly everything [researchers] did was pursuant to government contracts.''. (7) Under section 3 of article IV of the Constitution of the United States, Congress has the exclusive power to ``dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States''. (8) The .gov and .mil top-level domains are the property of the United States Government, and as property, the United States Government should have the exclusive control and use of those domains in perpetuity. SEC. 3. MAINTAINING THE IANA FUNCTIONS CONTRACT. The Assistant Secretary of Commerce for Communications and Information may not allow the responsibility of the National Telecommunications and Information Administration with respect to the Internet domain name system functions, including responsibility with respect to the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to terminate, lapse, expire, be cancelled, or otherwise cease to be in effect unless a Federal statute enacted after the date of enactment of this Act expressly grants the Assistant Secretary such authority. SEC. 4. EXCLUSIVE UNITED STATES GOVERNMENT OWNERSHIP AND CONTROL OF .GOV AND .MIL DOMAINS. Not later than 60 days after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall provide to Congress a written certification that the United States Government has-- (1) secured sole ownership of the .gov and .mil top-level domains; and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides that the United States Government has exclusive control and use of those domains in perpetuity.
Protecting Internet Freedom Act This bill prohibits the Assistant Secretary of Commerce for Communications and Information from allowing the National Telecommunications and Information Administration's responsibility for Internet domain name system functions, including the authoritative root zone file and the performance of the Internet Assigned Numbers Authority functions, to cease unless a federal statute enacted after enactment of this bill expressly grants the Assistant Secretary such authority. The Assistant Secretary must certify to Congress that the U.S. government has: (1) secured sole ownership of the .gov and .mil top-level domains, and (2) entered into a contract with the Internet Corporation for Assigned Names and Numbers that provides the U.S. government with exclusive control and use of those domains in perpetuity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Huntington's Disease Parity Act of 2011''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Huntington's Disease is a progressive degenerative neurological disease that causes total physical and mental deterioration. In the United States, approximately 30,000 individuals are affected by Huntington's Disease, along with another 200,000 individuals who are genetically ``at risk''. There is no effective treatment in terms of halting or slowing the progression of the disease. (2) Clinical indicators of Huntington's Disease include-- (A) loss of ability to control bodily movements; (B) loss of ability to think or act quickly, inability to learn new material, and loss of memory; and (C) behavioral or psychological problems, including personality changes, irritability, mood swings, anxiety, obsessive-compulsive behavior, inability to concentrate, decreased motivation, and severe depression. (3) Adult-onset Huntington's Disease typically results in the development of symptoms in individuals between 30 and 50 years of age. Late-onset Huntington's Disease is characterized by development of symptoms after 50 years of age and is usually associated with a milder course of the disease. Juvenile Huntington's Disease affects individuals who have yet to attain 19 years of age and progresses at a more rapid rate. (4) Because of the incapacitating nature of Huntington's Disease, individuals living with this illness, including those in the early stages of the disease, are unable to retain employment. As a result, many such individuals rely solely on Social Security Disability Insurance. (5) Despite significant advances in medicine and a greater understanding of Huntington's Disease, the Social Security Administration has not comprehensively revised its rules for the medical evaluation of neurological disabilities since 1985. The designation of this disease by the Social Security Administration as ``Huntington's Chorea'' is both outdated and medically inaccurate, as this term fails to recognize the behavioral and cognitive impact of Huntington's Disease, while also providing an incomplete characterization of the full spectrum of Huntington's Disease for purposes of Social Security Disability Insurance and the Medicare program. (6) After qualifying for Social Security Disability Insurance, individuals with Huntington's Disease must wait another 24 months before receiving benefits under the Medicare program, despite the fact that such individuals often become incapacitated before reaching the age-eligibility requirement under the Medicare program of 65 years of age. (7) In 2000, the Centers for Medicaid & Medicare Services waived the 24-month waiting period requirement for people disabled by amyotrophic lateral sclerosis (``ALS''), a degenerative neurological condition that is similar to Huntington's Disease. (8) In light of the outdated Social Security Disability Insurance guidelines for Huntington's Disease and the significant cognitive, behavioral, and physical incapacitation faced by individuals with this disease, there is an urgent need for a revision of the medical and evaluation criteria used by the Social Security Administration in determining whether such individuals are disabled, as well as removal of the 24-month waiting period for coverage under the Medicare program for such individuals, similar to the existing exemption for individuals who have been diagnosed with ALS. SEC. 3. REVISION OF MEDICAL AND EVALUATION CRITERIA FOR EVALUATING DISABILITY CAUSED BY ADULT-ONSET AND JUVENILE HUNTINGTON'S DISEASE. (a) In General.--For purposes of determinations of cognitive, behavioral, and physical disability under titles II and XVI of the Social Security Act, the Commissioner of Social Security, in consultation with the National Institute of Neurological Disorders and Stroke, the National Institutes of Health, and other relevant organizations with medical expertise relating to Adult-Onset and Juvenile Huntington's Disease, shall, not later than 180 days after the date of the enactment of this Act-- (1) amend section 11.00 of part A of the Listing of Impairments (relating to neurological impairments of adults) by-- (A) providing medical and evaluation criteria for Huntington's Disease; and (B) striking ``Huntington's Chorea'' each place it appears; (2) amend section 12.00 of part A of the Listing of Impairments (relating to mental disorders of adults) by providing medical and evaluation criteria for Huntington's Disease; (3) amend section 111.00 of part B of the Listing of Impairments (relating to neurological impairments of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease; and (4) amend section 112.00 of part B of the Listing of Impairments (relating to mental disorders of children) by providing medical and evaluation criteria for Juvenile Huntington's Disease. (b) Listing of Impairments.--For purposes of this section, the term ``Listing of Impairments'' means appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. SEC. 4. WAIVER OF 24-MONTH WAITING PERIOD FOR COVERAGE UNDER MEDICARE PROGRAM FOR INDIVIDUALS DIAGNOSED WITH HUNTINGTON'S DISEASE. (a) In General.--Section 226(h) of the Social Security Act (42 U.S.C. 426(h)) is amended, in the matter preceding paragraph (1), by inserting ``or Huntington's Disease (HD)'' after ``amyotrophic lateral sclerosis (ALS)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to benefits under title XVIII of the Social Security Act with respect to items and services furnished in months beginning after the date of the enactment of this Act.
Huntington's Disease Parity Act of 2011 - Directs the Commissioner of Social Security, for purposes of determining cognitive, behavioral, and physical disability under titles II (Old Age, Survivors, and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA), to amend specified Listings of Impairments by providing medical and evaluation criteria for Huntington's Disease. Amends SSA title II to waive the 24-month waiting period for coverage under the Medicare program for individuals diagnosed with Huntington's Disease.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Finance Act of 1993''. SEC. 2. PURPOSE. (a) It is the purpose of this Act to require the establishment of an Environmental Financial Advisory Board (hereinafter referred to as ``the Board'') to provide expert advice and recommendations to the Administrator of the Environmental Protection Agency (hereinafter referred to as ``the Administrator'') and to the Congress on issues, trends, options, innovations, and tax matters affecting the cost and financing of environmental protection by State and local governments. The Committee shall study methods to lower costs of environmental infrastructure and services, increase investment in public and private purpose environmental infrastructure, and build State and local capacity to plan and pay for environmental infrastructure and services. (b) It is the further purpose of the Act to require the Administrator to establish and support Environmental Finance Centers in institutions of higher learning. These centers shall serve to improve the capability of State and local governments to manage environmental programs. The Environmental Finance Centers shall receive Federal funding at first with the goal that they eventually become financially self sufficient. SEC. 3. ENVIRONMENTAL FINANCIAL ADVISORY BOARD. (a) In General.-- (1) The Administrator shall establish an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local level. The Board shall report to the Administrator, and shall make its services and expertise available to the appropriate Committees of Congress. (2) The Board shall consist of thirty-five members selected by the Administrator. The members of the Board shall each serve for a term of two years, except that twenty of the members initially appointed to the Board shall serve for a term of one year. The members of the Board shall be persons with expertise in financial matters and shall be chosen from among elected officials, national trade and environmental organizations, the finance, banking, and legal communities, business and industry, and academia. The members of the Board shall elect a Chair and Vice-Chair, who shall each serve a term of two years. (3) After establishing appropriate rules and procedures for its operations, the Board shall-- (A) work with the Environmental Protection Agency's Science Advisory Board to identify and develop methods to integrate risk and finance considerations into environmental decisionmaking; (B) identify and examine strategies to enhance environmental protection in urban areas, reduce disproportionate risk facing urban communities, and promote economic revitalization and environmentally sustainable development; (C) develop and recommend initiatives to expand opportunities for the export of United States financial services and environmental technologies; (D) develop alternative financing mechanisms to assist State and local governments in paying for environmental programs; (E) develop alternative financing mechanisms and strategies to meet the unique needs of small and economically disadvantaged communities; and (F) undertake such other activities as the Board determines will further the purposes of this Act. (4) The Board may recommend to the Administrator and to the Congress legislative and policy initiatives to make financing for environmental protection more available and less costly. (5) The Board shall hold open meetings and seek input from the public and other interested parties in accordance with provisions of the Federal Advisory Committee Act (5 U.S.C. Supp., App.), and shall otherwise be subject to the provisions of such Act. (b) Authorization of Appropriations.--There is authorized to be appropriated the sum of $1,000,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 to carry out this section. SEC. 4. ENVIRONMENTAL FINANCE CENTERS. (a) In General.--The Administrator shall establish and support Environmental Finance Centers in each of the ten Federal regions. These centers shall coordinate their activities with the Board, and are authorized to-- (1) provide on- and off-site training of State and local officials; (2) publish newsletters, course materials, proceedings, and other publications relating to financing of environmental infrastructure; (3) initiate and conduct conferences, seminars, and advisory panels on specific finance issues relating to environmental programs and projects; (4) establish electronic database and contact services to disseminate information to public entities on financing alternatives for State and local environmental programs; (5) generate case studies and special reports; (6) develop inventories and surveys of financial issues and needs of State and local governments; (7) identify financial programs, initiatives, and alternative financing mechanisms for training purposes; (8) hold public meetings on finance issues; and (9) collaborate with one another on projects and exchange information. (b) Authorization of Appropriations.--There is authorized to be appropriated the sum of $2,500,000 for each of the fiscal years 1994, 1995, 1996, 1997, and 1998 for the Environmental Finance Center program established pursuant to this section. The Administrator is authorized to grant such funds to institutions of higher learning to carry out the provisions of this section.
Environmental Finance Act of 1993 - Directs the Administrator of the Environmental Protection Agency to establish: (1) an Environmental Financial Advisory Board to provide expert advice on issues affecting the costs and financing of environmental activities at the Federal, State, and local levels; and (2) Environmental Finance Centers in each of the ten Federal regions. Authorizes the Centers to: (1) provide training of State and local officials; (2) publish materials relating to financing of environmental infrastructure; (3) conduct conferences and advisory panels on specific environmental finance issues; (4) establish information services; (5) generate case studies and reports; (6) develop surveys of financial issues and needs of State and local governments; (7) identify financial programs and alternative financial mechanisms for training purposes; (8) hold public meetings; and (9) collaborate and exchange information. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Health Care in Rural America Act''. SEC. 2. GRANT PROGRAMS. Section 330A of the Public Health Service Act (42 U.S.C. 254c) is amended to read as follows: ``SEC. 330A. RURAL HEALTH SERVICES OUTREACH, RURAL HEALTH NETWORK DEVELOPMENT, AND SMALL HEALTH CARE PROVIDER QUALITY IMPROVEMENT GRANT PROGRAMS. ``(a) Purpose.--The purpose of this section is to provide grants for expanded delivery of health services in rural areas, for the planning and implementation of integrated health care networks in rural areas, and for the planning and implementation of small health care provider quality improvement activities. ``(b) Definitions.-- ``(1) Director.--The term `Director' means the Director specified in subsection (d). ``(2) Federally qualified health center; rural health clinic.--The terms `Federally qualified health center' and `rural health clinic' have the meanings given the terms in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x(aa)). ``(3) Health professional shortage area.--The term `health professional shortage area' means a health professional shortage area designated under section 332. ``(4) Health services.--The term `health services' includes mental and behavioral health services and substance abuse services. ``(5) Medically underserved area.--The term `medically underserved area' has the meaning given the term in section 799B. ``(6) Medically underserved population.--The term `medically underserved population' has the meaning given the term in section 330(b)(3). ``(c) Program.--The Secretary shall establish, under section 301, a small health care provider quality improvement grant program. ``(d) Administration.-- ``(1) Programs.--The rural health services outreach, rural health network development, and small health care provider quality improvement grant programs established under section 301 shall be administered by the Director of the Office of Rural Health Policy of the Health Resources and Services Administration, in consultation with State offices of rural health or other appropriate State government entities. ``(2) Grants.-- ``(A) In general.--In carrying out the programs described in paragraph (1), the Director may award grants under subsections (e), (f), and (g) to expand access to, coordinate, and improve the quality of essential health services, and enhance the delivery of health care, in rural areas. ``(B) Types of grants.--The Director may award the grants-- ``(i) to promote expanded delivery of health services in rural areas under subsection (e); ``(ii) to provide for the planning and implementation of integrated health care networks in rural areas under subsection (f); and ``(iii) to provide for the planning and implementation of small health care provider quality improvement activities under subsection (g). ``(e) Rural Health Services Outreach Grants.-- ``(1) Grants.--The Director may award grants to eligible entities to promote rural health services outreach by expanding the delivery of health services to include new and enhanced services in rural areas. The Director may award the grants for periods of not more than 3 years. ``(2) Eligibility.--To be eligible to receive a grant under this subsection for a project, an entity-- ``(A) shall be a rural public or nonprofit private entity; ``(B) shall represent a consortium composed of members-- ``(i) that include 3 or more health care providers or providers of services; and ``(ii) that may be nonprofit or for-profit entities; and ``(C) shall not previously have received a grant under this subsection or section 330A for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) a description of the manner in which the project funded under the grant will meet the health care needs of rural underserved populations in the local community or region to be served; ``(C) a description of how the local community or region to be served will be involved in the development and ongoing operations of the project; ``(D) a plan for sustainability of the project after Federal support for the project has ended; and ``(E) a description of how the project will be evaluated. ``(f) Rural Health Network Development Grants.-- ``(1) Grants.-- ``(A) In general.--The Director may award rural health network development grants to eligible entities to promote, through planning and implementation, the development of integrated health care networks that have integrated the functions of the entities participating in the networks in order to-- ``(i) achieve efficiencies; ``(ii) expand access to, coordinate, and improve the quality of essential health services; and ``(iii) strengthen the rural health care system as a whole. ``(B) Grant periods.--The Director may award such a rural health network development grant for implementation activities for a period of 3 years. The Director may also award such a rural health network development grant for planning activities for a period of 1 year, to assist in the development of an integrated health care networks, if the proposed participants in the network have a history of collaborative efforts and a 3-year implementation grant would be inappropriate. ``(2) Eligibility.--To be eligible to receive a grant under this subsection, an entity-- ``(A) shall be a rural public or nonprofit private entity; ``(B) shall represent a network composed of members-- ``(i) that include 3 or more health care providers or providers of services; and ``(ii) that may be nonprofit or for-profit entities; and ``(C) shall not previously have received a grant (other than a 1-year grant for planning activities) under this subsection or section 330A for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) an explanation of the reasons why Federal assistance is required to carry out the project; ``(C) a description of-- ``(i) the history of collaborative activities carried out by the participants in the network; ``(ii) the degree to which the participants are ready to integrate their functions; and ``(iii) how the local community or region to be served will benefit from and be involved in the activities carried out by the network; ``(D) a description of how the local community or region to be served will experience increased access to quality health services across the continuum of care as a result of the integration activities carried out by the network; ``(E) a plan for sustainability of the project after Federal support for the project has ended; and ``(F) a description of how the project will be evaluated. ``(g) Small Health Care Provider Quality Improvement Grants.-- ``(1) Grants.--The Director may award grants to provide for the planning and implementation of small health care provider quality improvement activities. The Director may award the grants for periods of 1 to 3 years. ``(2) Eligibility.--In order to be eligible for a grant under this subsection, an entity-- ``(A) shall be a rural public or nonprofit private health care provider, such as a critical access hospital or a rural health clinic; ``(B) shall be another rural provider or network of small rural providers identified by the Secretary as a key source of local care; or ``(C) shall not previously have received a grant under this subsection for the project. ``(3) Applications.--To be eligible to receive a grant under this subsection, an eligible entity, in consultation with the appropriate State office of rural health or another appropriate State entity, shall prepare and submit to the Secretary an application, at such time, in such manner, and containing such information as the Secretary may require, including-- ``(A) a description of the project that the applicant will carry out using the funds provided under the grant; ``(B) an explanation of the reasons why Federal assistance is required to carry out the project; ``(C) a description of the manner in which the project funded under the grant will assure continuous quality improvement in the provision of services by the entity; ``(D) a description of how the local community or region to be served will experience increased access to quality health services across the continuum of care as a result of the activities carried out by the entity; ``(E) a plan for sustainability of the project after Federal support for the project has ended; and ``(F) a description of how the project will be evaluated. ``(4) Preference.--In awarding grants under this subsection, the Secretary shall give preference to entities that-- ``(A) are located in health professional shortage areas or medically underserved areas, or serve medically underserved populations; or ``(B) propose to develop projects with a focus on primary care, and wellness and prevention strategies. ``(h) Coordination With Other Agencies.--The Secretary shall coordinate activities carried out under grant programs described in this section, to the extent practicable, with Federal and State agencies and nonprofit organizations that are operating similar grant programs, to maximize the effect of public dollars in funding meritorious proposals. ``(i) 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 2002 through 2006.''. SEC. 3. CONSOLIDATION AND REAUTHORIZATION OF PROVISIONS. Subpart I of part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``SEC. 330I. TELEHOMECARE DEMONSTRATION PROJECT. ``(a) Definitions.--In this section: ``(1) Distant site.--The term `distant site' means a site at which a certified home care provider is located at the time at which a health service (including a health care item) is provided through a telecommunications system. ``(2) Telehomecare.--The term `telehomecare' means the provision of health services through technology relating to the use of electronic information, or through telemedicine or telecommunication technology, to support and promote, at a distant site, the monitoring and management of home health services for a resident of a rural area. ``(b) Establishment.--Not later than 9 months after the date of enactment of the Health Care Safety Net Amendments of 2001, the Secretary may establish and carry out a telehomecare demonstration project. ``(c) Grants.--In carrying out the demonstration project referred to in subsection (b), the Secretary shall make not more than 5 grants to eligible certified home care providers, individually or as part of a network of home health agencies, for the provision of telehomecare to improve patient care, prevent health care complications, improve patient outcomes, and achieve efficiencies in the delivery of care to patients who reside in rural areas. ``(d) Periods.--The Secretary shall make the grants for periods of not more than 3 years. ``(e) Applications.--To be eligible to receive a grant under this section, a certified home care provider shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(f) Use of Funds.--A provider that receives a grant under this section shall use the funds made available through the grant to carry out objectives that include-- ``(1) improving access to care for home care patients served by home health care agencies, improving the quality of that care, increasing patient satisfaction with that care, and reducing the cost of that care through direct telecommunications links that connect the provider with information networks; ``(2) developing effective care management practices and educational curricula to train home care registered nurses and increase their general level of competency through that training; and ``(3) developing curricula to train health care professionals, particularly registered nurses, serving home care agencies in the use of telecommunications. ``(g) Coverage.--Nothing in this section shall be construed to supercede or modify the provisions relating to exclusion of coverage under section 1862(a) of the Social Security Act (42 U.S.C. 1395y(a)), or the provisions relating to the amount payable to a home health agency under section 1895 of that Act (42 U.S.C. 1395fff). ``(h) Report.-- ``(1) Interim report.--The Secretary shall submit to Congress an interim report describing the results of the demonstration project. ``(2) Final report.--Not later than 6 months after the end of the last grant period for a grant made under this section, the Secretary shall submit to Congress a final report-- ``(A) describing the results of the demonstration project; and ``(B) including an evaluation of the impact of the use of telehomecare, including telemedicine and telecommunications, on-- ``(i) access to care for home care patients; and ``(ii) the quality of, patient satisfaction with, and the cost of, that care. ``(i) 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 2002 through 2006.''.
Improving Health Care in Rural America Act - Amends the Public Health Service Act to replace the current program of grants for integrated health care delivery systems or networks in rural areas and regions. Directs the Secretary of Health and Human Services to establish, and the Director of the Rural Health Policy of the Health Resources and Services Administration to administer, grant programs for rural health services outreach, rural health network development, and small health care provider quality improvement to expand access to, coordinate, and improve the quality of essential health services, and to enhance the delivery of health care in rural areas.Authorizes the Secretary to establish a telehomecare demonstration project of up to five three-year grants to eligible certified home care providers, individually or as part of a network of home health agencies, for the provision of telehomecare to improve patient care, prevent health care complications, improve patient outcomes, and achieve efficiencies in the delivery of care to patients who reside in rural areas.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Intelligence Distribution Act of 2003''. SEC. 2. ACCESS AND HANDLING OF CLASSIFIED INFORMATION BY STATE AND LOCAL GOVERNMENT PERSONNEL FOR PREPARATION AND RESPONSE TO TERRORIST ATTACK. (a) Purpose.--The purpose of this section, and the amendments made by this section, is to ensure that sufficient numbers of appropriate personnel of State and local governments, including personnel of law enforcement, rescue, fire, health, and other first responder agencies, receive security clearances for access to classified information of the Federal Government, and training in the handling of such information, in order to facilitate the use of such information by such personnel for the preparation for and response to terrorist attack. (b) Responsibilities of Office for State and Local Government Coordination of Department of Homeland Security.--Section 801 of the Department of Homeland Security Act (Public Law 107-296) is amended-- (1) in subsection (b)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) in consultation with the chief executive officer of each State, identify appropriate officials of such State, and of the political subdivisions of such State, whose performance of functions within the government of such State or political subdivision with respect to the health and safety of the citizens of such State and political subdivision will require the access of such officials to classified information.''; and (2) by adding at the end the following new subsections: ``(c) Identification of State and Local Officials.--In identifying State and local officials under subsection (b)(5), the Office shall ensure each of the following: ``(1) Adequate representation among personnel identified of personnel of law enforcement, rescue, fire, health, and other first responder agencies. ``(2) Adequate representation among personnel identified of personnel located in the major population center or centers of each State. ``(3) Adequate representation among personnel identified of personnel in each of the major geographic regions of each State. ``(d) State Defined.--In this section, the term `State' means the several States and the District of Columbia.''. (c) Responsibilities of Director of Central Intelligence.--Section 103(a)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(a)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(E) where appropriate, to officials of State and local governments who are designated by the Secretary of Homeland Security from among such officials identified by the Office for State and Local Government Coordination of the Department of Homeland Security under section 801(a)(5) of the Department of Homeland Security Act (Public Law 107-296).''. (d) Responsibilities of Secretary of Homeland Security.--(1) Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall ensure that officials of State and local governments who are identified by the Office for State and Local Government Coordination of the Department of Homeland Security under section 801(a)(5) of the Department of Homeland Security Act, as added by subsection (b), and designated by the Secretary for purposes of section 103(a)(1)(E) of the National Security Act of 1947, as added by subsection (c), have received the security clearances required to permit such officials who qualify for security clearances to have access to national intelligence under section 103(a)(1) of the National Security Act of 1947. (2) The Secretary shall ensure that each official who receives a security clearance under paragraph (1) receives appropriate training in the proper receipt and handling of classified information of the Federal Government. (3) Not later than 180 days after the date of the enactment of this Act, the Secretary shall provide for appropriate technology and facilities to ensure the prompt, efficient, and secure transmittal, receipt, and storage of classified information of the Federal Government by officials of State and local governments who are designated to receive national intelligence under section 103(a)(1)(E) of the National Security Act of 1947, as added by subsection (c). (4) The Secretary shall carry out this subsection in consultation with the Director of Central Intelligence and the Director of the Federal Bureau of Investigation.
Antiterrorism Intelligence Distribution Act of 2003 - Amends the Department of Homeland Security Act to require the Office for State and Local Government Coordination within the Office of the Secretary to identify the appropriate officials of each State who will require access to classified information to ensure the health and safety of its citizens. Specifies guidelines for identifying the appropriate State and local officials.Amends the National Security Act of 1947 to require the Director of Central Intelligence to provide the appropriate national intelligence to State and local governments.Requires the Secretary of Homeland Security to provide security clearances and appropriate training to such officials. Requires the Secretary provide the appropriate technology and facilities to ensure prompt, efficient, and secure transmittal, receipt, and storage of classified information.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Phantom Fuels Elimination Act of 2014''. SEC. 2. ADVANCED BIOFUEL, BIOMASS-BASED DIESEL, AND CELLULOSIC BIOFUEL REQUIRED TO BE PRODUCED IN THE UNITED STATES TO SATISFY RENEWABLE FUEL PROGRAM MANDATES. (a) Advanced Biofuel.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking ``that has lifecycle'' and inserting ``that is produced in the United States and has lifecycle''. (b) Biomass-Based Diesel.--Section 211(o)(1)(D) of the Clean Air Act (42 U.S.C. 7545(o)(1)(D)) is amended-- (1) in the first sentence, by striking ``that is biodiesel'' and inserting ``that is produced in the United States and is biodiesel''; and (2) in the second sentence, by striking ``renewable fuel derived from'' and inserting ``renewable fuel that is produced in the United States and derived from''. (c) Cellulosic Biofuel.--Section 211(o)(1)(E) of the Clean Air Act (42 U.S.C. 7545(o)(1)(E)) is amended-- (1) by striking ``renewable fuel derived from'' and inserting ``renewable fuel that is produced in the United States, that is derived from''; and (2) by inserting a comma after ``from renewable biomass''. (d) Waivers for Reduction of Applicable Volume in Case of Inadequate Supply.-- (1) Advanced biofuel.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by adding at the end the following: ``(G) Advanced biofuel.--For any calendar year for which the projected volume of advanced biofuel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of advanced biofuel required under paragraph (2)(B) to the projected volume available during that calendar year.''. (2) Biomass-based diesel.--Section 211(o)(7)(E) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)) is amended by adding at the end the following: ``(iv) Inadequate supply.--For any calendar year for which the projected volume of biomass-based diesel production is less than the minimum applicable volume established under paragraph (2)(B), as determined by the Administrator based on the estimate provided under paragraph (3)(A), not later than November 30 of the preceding calendar year, the Administrator shall reduce the applicable volume of biomass-based diesel production required under paragraph (2)(B) to the projected volume available during that calendar year.''. (3) Estimate of volumes.--Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended by inserting ``advanced biofuel,'' before ``biomass-based diesel''. SEC. 3. ELIMINATION OF CORN ETHANOL MANDATE FOR RENEWABLE FUEL. (a) In General.--Section 211(o)(2)(A)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(A)(i)) is amended by striking ``renewable fuel,'' after ``contains at least the applicable volume of''. (b) Removal of Table.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended by striking subclause (I). (c) Conforming Amendments.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended-- (1) in clause (i)-- (A) by redesignating subclauses (II) through (IV) as subclauses (I) through (III), respectively; (B) in subclause (I) (as so redesignated), by striking ``of the volume of renewable fuel required under subclause (I),''; and (C) in subclauses (II) and (III) (as so redesignated), by striking ``subclause (II)'' each place it appears and inserting ``subclause (I)''; (2) by striking clause (iii) and redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively; and (3) in clause (iv), as so redesignated, by striking ``clause (i)(IV)'' and inserting ``clause (i)(III)''. (d) Administration.--Nothing in this section or the amendments made by this section affects the volumes of advanced biofuel, cellulosic biofuel, or biomass-based diesel that are required under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) (as in effect on the day before the date of enactment of this Act). (e) Regulations.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate such regulations as are necessary to carry out the amendments made by this section. (f) Effective Date.--The amendments made by this section shall take effect on the date that is 180 days after the date of enactment of this Act.
Phantom Fuels Elimination Act of 2014 - Amends the Clean Air Act to revise the renewable fuel program by requiring advanced biofuel, biomass-based diesel, and cellulosic biofuel to be produced in the United States. Directs the Environmental Protection Agency (EPA), for any year in which the projected volume of advanced biofuel and biomass-based diesel production is less than the applicable volume standard established under the program, to reduce the volume of advanced biofuel and biomass-based diesel required to be blended into transportation fuel to the projected volume available for that year. Directs the Energy Information Administration to provide the EPA an estimate, with respect to the following year, of the volumes of advanced biofuel projected to be sold or introduced into commerce. Eliminates the volume standards under the program applicable to corn-starch ethanol.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Farmer Owned Reserve Restoration Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--FARMER OWNER RESERVE PROGRAM Sec. 101. Restoration of farmer owner reserve program. Sec. 102. Covered commodities. Sec. 103. Interest charges. Sec. 104. Storage payments. Sec. 105. Quantity of commodities in program. Sec. 106. Announcement of program. Sec. 107. Withdrawal of commodities. TITLE II--OTHER PROVISIONS Sec. 201. Term of marketing assistance loans. Sec. 202. Farm storage facility loans. TITLE I--FARMER OWNER RESERVE PROGRAM SEC. 101. RESTORATION OF FARMER OWNER RESERVE PROGRAM. (a) Repeal of Current Suspension of Program.--Section 171(b)(1) of the Agricultural Market Transition Act (7 U.S.C. 7301(b)(1)) is amended-- (1) by striking subparagraph (E); and (2) by redesignating subparagraphs (F) through (L) as subparagraphs (E) through (K), respectively. (b) Resumption of Program.--Subsection (p) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended to read as follows: ``(p) Resumption of Program.--This section shall take effect on the date of the enactment of the Farmer Owned Reserve Restoration Act of 1999.''. (c) Relation to Current Commodity Loan Program.--Section 110(b) of the Agricultural Act of 1949 (7 U.S.C. 1445e(b)) is amended-- (1) in paragraph (1), by striking ``9-month price support''; and (2) in paragraphs (1) and (2), by striking ``this title'' both places it appears and inserting ``subtitle C of the Agricultural Market Transition Act (7 U.S.C. 7231 et seq.)''. SEC. 102. COVERED COMMODITIES. (a) Inclusion of Oilseeds.--Subsection (a) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended-- (1) by striking ``wheat and feed grains'' both places it appears and inserting ``covered commodities''; and (2) by adding at the end the following new sentence: ``In this section, the term `covered commodity' means wheat, a feed grain, or an oilseed (as defined in section 102 of the Agricultural Market Transition Act (7 U.S.C. 7202).''. (b) Conforming Amendments.--Such section is further amended-- (1) in subsection (b)-- (A) in paragraph (1), by striking ``wheat and feed grains'' and inserting ``covered commodities''; and (B) in paragraph (2), by striking ``under the wheat and feed grain programs'' and inserting ``for the covered commodity''; (2) in subsection (c), by striking ``wheat or feed grains'' both places it appears and inserting ``the covered commodity''; (3) in subsection (d)(1), by striking ``wheat or feed grains'' and inserting ``a covered commodity''; (4) in subsection (f), by striking ``wheat and feed grains'' and inserting ``covered commodities''; and (5) in subsection (g)-- (A) in paragraph (1), by striking ``wheat and feed grains'' and inserting ``a covered commodity''; (B) in paragraph (2)-- (i) by striking ``wheat or feed grains'' in the matter before the subparagraphs and inserting ``a covered commodity''; and (ii) in subparagraph (A), by striking ``wheat or corn'' both places it appears and inserting ``wheat, corn, or oilseeds''; (C) in paragraph (3)-- (i) by striking ``wheat or feed grains'' the first place it appears and inserting ``a covered commodity''; and (ii) by striking ``wheat or feed grains, respectively'' and inserting ``that covered commodity''; and (D) in paragraph (4), by striking ``wheat or feed grains'' and inserting ``covered commodities''. SEC. 103. INTEREST CHARGES. Section 110(c) of the Agricultural Act of 1949 (7 U.S.C. 1445e(c)) is amended-- (1) in paragraph (1), by striking ``105 percent of the then current established price for the commodity'' and inserting ``150 percent of the loan rate for the commodity under this section''; and (2) in paragraph (2), by striking ``105 percent of the established price for the commodities'' and inserting ``150 percent of the loan rate for the commodity under this section''. SEC. 104. STORAGE PAYMENTS. Section 110(d) of the Agricultural Act of 1949 (7 U.S.C. 1445e(d)) is amended by striking paragraphs (2) and (3) and inserting the following: ``(2) Timing.--The Secretary shall make storage payments available to participants in this program-- ``(A) at the end of each quarter; or ``(B) at the option of the Secretary, not more than 1 year in advance of the date the payments would otherwise be payable under subparagraph (A). ``(3) Duration.--The Secretary shall cease making storage payments for a covered commodity whenever the price of the commodity is equal to or exceeds 140 percent of loan rate for the commodity under this section, and for any 90-day period immediately following the last day on which the price of the commodity was equal to or in excess of 140 percent of the loan rate for the commodity under this section.''. SEC. 105. QUANTITY OF COMMODITIES IN PROGRAM. Section 110(f) of the Agricultural Act of 1949 (7 U.S.C. 1445e(f)) is amended-- (1) in paragraph (1), by striking ``less than 300 million bushels, nor more than 450 million bushels'' and inserting ``more than 500,000,000 bushels''; (2) in paragraph (2), by striking ``less than 600 million bushels, nor more than 900 million bushels'' and inserting ``more than 1,000,000,000 bushels''; and (3) by adding at the end the following new paragraph: ``(3) The maximum quantities of all oilseeds may not be established at more than 500,000,000 bushels.''. SEC. 106. ANNOUNCEMENT OF PROGRAM. Section 110(g) of the Agricultural Act of 1949 (7 U.S.C. 1445e(g)) is amended-- (1) in paragraph (1)-- (A) by striking ``and'' at the end of subparagraph (A); (B) by striking the period at the end of subparagraph (B) and inserting ``; and''; and (C) by inserting at the end the following new subparagraph: ``(C) in the case of oilseeds, such date as the Secretary considers to be appropriate.''; and (2) in paragraph (2)-- (A) in subparagraph (A), by inserting ``or established pursuant to'' after ``specified in''; and (B) in subparagraph (B)-- (i) in the matter before the clauses, by inserting ``or established pursuant to'' after ``specified in''; (ii) by striking ``and'' at the end of clause (i); (iii) by striking the period at the end of clause (ii) and inserting ``; and''; and (iv) by inserting at the end the following new clause: ``(iii) in the case of oilseeds, more than 17.5 percent.''; SEC. 107. WITHDRAWAL OF COMMODITIES. Subsection (h) of section 110 of the Agricultural Act of 1949 (7 U.S.C. 1445e) is amended to read as follows: ``(h) Withdrawal of Covered Commodities.--In the case of a producer that has a covered commodity stored under this section, if the price of the covered commodity is-- ``(1) less than 140 percent of the loan rate for that covered commodity under this section, the producer may-- ``(A) withdraw the commodity from storage and repay any loan made for the commodity under this section; or ``(B) continue to store the commodity under this section and receive storage payments for the commodity under subsection (d); ``(2) at least 140 percent, but less than 150 percent, of the loan rate for that covered commodity under this section, the producer may continue to store the commodity under this section, but shall not be eligible for storage payments for the commodity under subsection (d); or ``(3) 150 percent or more of the loan rate for that covered commodity under this section, the producer shall withdraw the commodity from storage under this section and repay any loan made for the commodity under this section.''. TITLE II--OTHER PROVISIONS SEC. 201. TERM OF MARKETING ASSISTANCE LOANS. Section 133(a) of the Agricultural Market Transition Act (7 U.S.C. 7233(a)) is amended by striking ``9 months'' and inserting ``21 months''. SEC. 202. FARM STORAGE FACILITY LOANS. (a) Loans for Construction or Remodeling.--To encourage the storage of dry or high moisture grain, soybeans, and rice, and high moisture forage and silage on farms, where the commodities can be stored at the lowest cost, the Commodity Credit Corporation shall make secured storage facility loans not to exceed $50,000 to growers of such commodities to cover not less than 75 percent of the total construction cost of such a facility, including the cost of structural and equipment foundations, electrical systems, grain handling systems, drying equipment, and site preparation. The Corporation may also make loans in such amounts not to exceed $50,000 to cover remodeling costs of existing storage facilities, as are set forth in regulations issued by the Secretary of Agriculture. (b) Facility Size.--The size of such a facility for which a loan is obtained shall be based upon the amount of space required to store the quantity of the commodity estimated to be produced by the borrower during a two-year period. (c) Loan Period.--Loans under this section shall be for a period not to exceed 10 years at an interest rate based upon the rate of interest charged the Corporation by the United States Treasury.
TABLE OF CONTENTS: Title I: Farmer Owner Reserve Program Title II: Other Provisions Farmer Owned Reserve Restoration Act of 1999 - Title I: Farmer Owner Reserve Program - Amends the Agricultural Market Transition Act to restore the wheat and feed grain (and oilseeds) farmer owned reserve program. (Eliminates the provision suspending the program for such producers through crop or calendar year 2002.) (Sec. 102) Amends the Agricultural Act of 1949 with respect to the program to: (1) include oilseeds; (2) revise extended price support loan interest charge provisions; (3) permit advance storage payments and revise storage loan termination provisions; (4) reduce maximum wheat and feed grain amounts and establish oilseed amounts; and (5) set forth prices (compared to loan rates) at which, and conditions under which, a producer may withdraw stored commodities. Title II: Other Provisions - Amends the Agricultural Market Transition Act to increase the term of marketing assistance loans. (Sec. 202) Directs the Commodity Credit Corporation to make loans for construction or remodeling of storage facilities for: (1) dry or high moisture grain, soybeans, and rice; and (2) high moisture forage and silage.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Obstetrician and Gynecologist Access Now Act''. SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) 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.''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice Under Group Health Plan.--The imposition of the requirement 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 requirement apply.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to women's access to obstetrical and gynecological services.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to women's access to obstetrical and gynecological services.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(b) Construction.--Subsection (a) shall not be construed as preventing a plan or issuer-- ``(1) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(2) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(A) are consistent with the intent of such subsection; ``(B) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(C) are not to be more restrictive for the provision of obstetrical and gynecological physician services. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2707(a) 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) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning more than 180 days after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date that is 180 days after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement.
Women's Obstetrician and Gynecologist Access Now Act - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require that group and individual health insurance coverage and group health plans permit enrollees direct access to services of obstetrical and gynecological physician services directly and without a referral.States that a plan or issuer shall not be prohibited from establishing: (1) reasonable requirements for a participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Historic Tax Credit Improvement Act of 2017''. SEC. 2. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(e) Special Rule Regarding Certain Small Projects.-- ``(1) In general.--In the case of any qualified rehabilitated building or portion thereof-- ``(A) which is placed in service after the date of the enactment of this subsection, and ``(B) which is a small project, subsection (a)(2) shall be applied by substituting `30 percent' for `20 percent'. ``(2) Maximum credit.--The credit under this section (after application of this subsection) with respect to any project for all taxable years shall not exceed $750,000. ``(3) Small project.-- ``(A) In general.--For purposes of this subsection, the term `small project' means any certified historic structure or portion thereof if-- ``(i) the total qualified rehabilitation expenditures taken into account for purposes of this section with respect to the rehabilitation do not exceed $3,750,000, and ``(ii) no credit was allowed under this section for either of the two immediately preceding taxable years with respect to such building. ``(B) Progress expenditures.--Credit allowable by reason of subsection (d) shall not be taken into account under subparagraph (A)(ii).''. (b) Effective Date.--The amendment made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. ALLOWANCE FOR THE TRANSFER OF CREDITS FOR CERTAIN SMALL PROJECTS. (a) In General.--Section 47(e) of the Internal Revenue Code of 1986, as added by section 2, is amended by adding at the end the following new paragraph: ``(4) Transfer of small project credit.-- ``(A) In general.--Subject to subparagraph (B) and such regulations or other guidance as the Secretary may provide, the taxpayer may transfer to any other taxpayer all or a portion of the credit allowable to the taxpayer under subsection (a) for a small project. ``(B) Certification.--A transfer under subparagraph (A) shall be accompanied by a certificate which includes-- ``(i) the certification for the certified historic structure, ``(ii) the taxpayer's name, address, and tax identification number, ``(iii) the transferee's name, address, and tax identification number, ``(iv) the date of project completion and the amount of credit being transferred, and ``(v) such other information as may be required by the Secretary. ``(C) Credit may only be transferred once.--A credit transferred under subparagraph (A) is not transferable by the transferee to any other taxpayer. ``(D) Tax treatment of transfer.-- ``(i) Disallowance of deduction.--No deduction shall be allowed for any amount of consideration paid or incurred by the transferee in return for the transfer of any credit under this paragraph. ``(ii) Allowance of credit.--The amount of credit transferred under subparagraph (A)-- ``(I) shall not be allowed to the transferor for any taxable year, and ``(II) shall be allowable to the transferee as a credit under this section for the taxable year of the transferee in which such credit is transferred. ``(E) Recapture and other special rules.--For purposes of section 50, the transferee of a credit with respect to a smaller project under this paragraph shall be treated as the taxpayer with respect to the smaller project. ``(F) Information reporting.--The transferor and the transferee shall each make such reports regarding the transfer of an amount of credit under subparagraph (A), and containing such information, as the Secretary may require. The reports required by this subparagraph shall be filed at such time and in such manner as may be required by the Secretary.''. (b) Effective Date.--The amendment made by this section shall apply to periods after December 31, 2016. SEC. 4. INCREASING THE TYPE OF BUILDINGS ELIGIBLE FOR REHABILITATION. (a) In General.--Section 47(c)(1)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by inserting ``50 percent of'' before ``the adjusted basis''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2016. SEC. 5. REDUCTION OF BASIS ADJUSTMENT FOR REHABILITATION PROPERTY. (a) In General.--Section 50(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(6) Special rule relating to the rehabilitation credit.-- In the case of any rehabilitation credit-- ``(A) only 50 percent of such credit shall be taken into account under paragraph (1), and ``(B) only 50 percent of any recapture amount attributable to such credit shall be taken into account under paragraph (2).''. (b) Coordination With Basis Adjustment.--Subsection (d) of section 50 of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``For purposes of paragraph (5), in applying the provisions of section 48(d)(5)(B) (as so in effect) to a lease of property eligible for the credit under section 47, gross income of the lessee of such property shall include, ratably over the shortest recovery period applicable to such property under section 168, an amount equal to 50 percent of the amount of the credit allowable under section 38 to such lessee with respect to such property.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 6. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY. (a) In General.--Section 47(c)(2)(B)(v)(I) of the Internal Revenue Code of 1986 is amended by inserting ``, and subclauses (I), (II), and (III) of section 168(h)(1)(B)(ii) shall not apply'' after ``thereof''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act.
Historic Tax Credit Improvement Act of 2017 This bill amends the Internal Revenue Code, with respect to the tax credit for the rehabilitation of buildings and historic structures, to: (1) allow an increased 30% credit, up to $750,000, for projects with rehabilitation expenditures not exceeding $3.75 million, for which no credit was allowed in either of the two immediately preceding taxable years (small projects); (2) allow the transfer of tax credit amounts for small projects; (3) treat a building as substantially rehabilitated if rehabilitation expenditures exceed the greater of 50% of the adjusted basis of the building or $5,000 (currently, the greater of the adjusted basis of the building or $5,000); (4) reduce the required basis adjustment from 100% of the credit to 50% of the amount of the credit; and (5) limit the application of disqualified lease rules to tax-exempt use property.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``New Economy Tax Fairness Act or NET FAIR Act''. SEC. 2. JURISDICTIONAL STANDARDS FOR THE IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. Title I of the Act entitled ``An Act relating to the power of the States to impose net income taxes on income derived from interstate commerce, and authorizing studies by congressional committees of matters pertaining thereto'', approved on September 14, 1959 (15 U.S.C. 381 et seq.), is amended to read as follows: ``TITLE I--JURISDICTIONAL STANDARDS ``SEC. 101. IMPOSITION OF STATE AND LOCAL BUSINESS ACTIVITY, SALES, AND USE TAX OBLIGATIONS ON INTERSTATE COMMERCE. ``(a) In General.--No State shall have power to impose, for any taxable year ending after the date of enactment of this title, a business activity tax or a duty to collect and remit a sales or use tax on the income derived within such State by any person from interstate commerce, unless such person has a substantial physical presence in such State. A substantial physical presence is not established if the only business activities within such State by or on behalf of such person during such taxable year are any or all of the following: ``(1) The solicitation of orders or contracts by such person or such person's representative in such State for sales of tangible or intangible personal property or services, which orders or contracts are approved or rejected outside the State, and, if approved, are fulfilled by shipment or delivery of such property from a point outside the State or the performance of such services outside the State. ``(2) The solicitation of orders or contracts by such person or such person's representative in such State in the name of or for the benefit of a prospective customer of such person, if orders or contracts by such customer to such person to enable such customer to fill orders or contracts resulting from such solicitation are orders or contracts described in paragraph (1). ``(3) The presence or use of intangible personal property in such State, including patents, copyrights, trademarks, logos, securities, contracts, money, deposits, loans, electronic or digital signals, and web pages, whether or not subject to licenses, franchises, or other agreements. ``(4) The use of the Internet to create or maintain a World Wide Web site accessible by persons in such State. ``(5) The use of an Internet service provider, on-line service provider, internetwork communication service provider, or other Internet access service provider, or World Wide Web hosting services to maintain or take and process orders via a web page or site on a computer that is physically located in such State. ``(6) The use of any service provider for transmission of communications, whether by cable, satellite, radio, telecommunications, or other similar system. ``(7) The affiliation with a person located in the State, unless-- ``(A) the person located in the State is the person's agent under the terms and conditions of subsection (d); and ``(B) the activity of the agent in the State constitutes substantial physical presence under this subsection. ``(8) The use of an unaffiliated representative or independent contractor in such State for the purpose of performing warranty or repair services with respect to tangible or intangible personal property sold by a person located outside the State. ``(b) Domestic Corporations; Persons Domiciled in or Residents of a State.--The provisions of subsection (a) shall not apply to the imposition of a business activity tax or a duty to collect and remit a sales or use tax by any State with respect to-- ``(1) any corporation which is incorporated under the laws of such State; or ``(2) any individual who, under the laws of such State, is domiciled in, or a resident of, such State. ``(c) Sales or Solicitation of Orders or Contracts for Sales by Independent Contractors.--For purposes of subsection (a), a person shall not be considered to have engaged in business activities within a State during any taxable year merely by reason of sales of tangible or intangible personal property or services in such State, or the solicitation of orders or contracts for such sales in such State, on behalf of such person by one or more independent contractors, or by reason of the maintenance of an office in such State by one or more independent contractors whose activities on behalf of such person in such State consist solely of making such sales, or soliciting orders or contracts for such sales. ``(d) Attribution of Activities and Presence.--For purposes of this section, the substantial physical presence of any person shall not be attributed to any other person absent the establishment of an agency relationship between such persons that-- ``(1) results from the consent by both persons that one person act on behalf and subject to the control of the other; and ``(2) relates to the activities of the person within the State. ``(e) Definitions.--For purposes of this title-- ``(1) Business activity tax.--The term `business activity tax' means a tax imposed on, or measured by, net income, a business license tax, a business and occupation tax, a franchise tax, a single business tax or a capital stock tax, or any similar tax or fee imposed by a State. ``(2) Independent contractor.--The term `independent contractor' means a commission agent, broker, or other independent contractor who is engaged in selling, or soliciting orders or contracts for the sale of, tangible or intangible personal property or services for more than one principal and who holds himself or herself out as such in the regular course of his or her business activities. ``(3) Internet.--The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such Protocol. ``(4) Internet access.--The term `Internet access' means a service that enables users to access content, information, electronic mail, or other services offered over the Internet, and may also include access to proprietary content, information, and other services as a part of a package of services offered to users. ``(5) Representative.--The term `representative' does not include an independent contractor. ``(6) Sales tax.--The term `sales tax' means a tax that is-- ``(A) imposed on or incident to the sale of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the amount of the sales price, cost, charge, or other value of or for such property or services. ``(7) Solicitation of orders or contracts.--The term `solicitation of orders or contracts' includes activities normally ancillary to such solicitation. ``(8) State.--The term `State' means any of the several States, the District of Columbia, or any territory or possession of the United States, or any political subdivision thereof. ``(9) Use tax.--The term `use tax' means a tax that is-- ``(A) imposed on the purchase, storage, consumption, distribution, or other use of tangible or intangible personal property or services as may be defined or specified under the laws imposing such tax; and ``(B) measured by the purchase price of such property or services. ``(10) World wide web.--The term `World Wide Web' means a computer server-based file archive accessible, over the Internet, using a hypertext transfer protocol, file transfer protocol, or other similar protocols. ``(f) Application of Section.--This section shall not be construed to limit, in any way, constitutional restrictions otherwise existing on State taxing authority. ``SEC. 102. ASSESSMENT OF BUSINESS ACTIVITY TAXES. ``(a) Limitations.--No State shall have power to assess after the date of enactment of this title any business activity tax which was imposed by such State or political subdivision for any taxable year ending on or before such date, on the income derived for activities within such State that affect interstate commerce, if the imposition of such tax for a taxable year ending after such date is prohibited by section 101. ``(b) Collections.--The provisions of subsection (a) shall not be construed-- ``(1) to invalidate the collection on or before the date of enactment of this title of any business activity tax imposed for a taxable year ending on or before such date; or ``(2) to prohibit the collection after such date of any business activity tax which was assessed on or before such date for a taxable year ending on or before such date. ``SEC. 103. TERMINATION OF SUBSTANTIAL PHYSICAL PRESENCE. ``If a State has imposed a business activity tax or a duty to collect and remit a sales or use tax on a person as described in section 101, and the person so obligated no longer has a substantial physical presence in that State, the obligation to pay a business activity tax or to collect and remit a sales or use tax on behalf of that State applies only for the period in which the person has a substantial physical presence. ``SEC. 104. SEPARABILITY. ``If any provision of this title or the application of such provision to any person or circumstance is held invalid, the remainder of this title or the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.''.
New Economy Tax Fairness Act or NET FAIR Act - Amends Federal law providing jurisdictional standards for the imposition of State and local business activity, sales, and use taxes on interstate commerce to prohibit a State from imposing any such tax on income derived from interstate commerce unless such person has a substantial physical presence in such State. States that a substantial physical presence does not exist if the only business activities within such State include, among other things: (1) the presence or use of intangible personal property in such State; (2) the use of the Internet or an Internet service provider within such State to maintain, take, or process orders; and (3) affiliation with a person within such State or the use of an unaffiliated representative or independent contractor in such State. Provides that the substantial physical presence of any person shall not be attributed to any other person absent the establishment of a relationship that: (1) results from the consent by both persons that one person act on the other's behalf and subject to their control; and (2) relates to the activities of the person within the State.Prohibits a State from assessing any business activity tax which was imposed prior to this Act, if the imposition of such tax is prohibited, above.Terminates a person's obligation to pay State-imposed business activity, sales, or use tax if such person no longer has a substantial physical presence in that State.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act'' or the ``SMART Rebuilding Act''. SEC. 2. FEDERAL COST-SHARE ADJUSTMENTS FOR REPAIR, RESTORATION, AND REPLACEMENT OF DAMAGED FACILITIES. Section 406(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(b)) is amended by inserting after paragraph (2) the following: ``(3) Increased federal share.-- ``(A) Incentive measures.--The President may provide incentives to a State or Tribal government to invest in measures that increase readiness for, and resilience from, a major disaster by recognizing such investments through a sliding scale that increases the minimum Federal share to not more than 85 percent. Such measures may include-- ``(i) the adoption of a mitigation plan approved under section 322; ``(ii) investments in disaster relief, insurance, and emergency management programs; ``(iii) encouraging the adoption and enforcement of nationally recognized design standards that establish minimum acceptable criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters; ``(iv) facilitating participation in the community rating system; and ``(v) funding mitigation projects or granting tax incentives for projects that reduce risk. ``(B) Comprehensive guidance.--Not later than 1 year after the date of enactment of this paragraph, the President, acting through the Administrator, shall issue comprehensive guidance to States and Tribal governments regarding the measures and investments that will be recognized for the purpose of increasing the Federal share under this section. ``(C) Report.--One year after the issuance of the guidance required by subparagraph (B), the Administrator shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report regarding the analysis of the Federal cost shares paid under this section.''. SEC. 3. NATIONAL PUBLIC INFRASTRUCTURE PREDISASTER HAZARD MITIGATION. Section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) is amended-- (1) in subsection (c) by inserting ``Public'' after ``the National''; (2) in subsection (e)(1)(B)-- (A) by striking ``or'' at the end of clause (ii); (B) by striking the period at the end of clause (iii) and inserting ``; or''; and (C) by adding at the end the following: ``(iv) to establish and carry out enforcement activities to implement nationally recognized design standards that establish minimum acceptable criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters.''; (3) in subsection (f)-- (A) in paragraph (1) by inserting ``for mitigation activities that are cost effective'' after ``competitive basis''; (B) by adding at the end the following: ``(3) Redistribution of unobligated amounts.--The President shall-- ``(A) withdraw amounts of financial assistance made available to a State (including amounts made available to local governments of a State) under paragraph (2) that remain unobligated by the end of the third fiscal year after the fiscal year for which the amounts were allocated; and ``(B) in the subsequent fiscal year, add the funds to the financial assistance available to be awarded on a competitive basis referred to in paragraph (1).''; (4) in subsection (g)-- (A) in paragraph (9) by striking ``and'' at the end; (B) by redesignating paragraph (10) as paragraph (12); and (C) by adding after paragraph (9) the following: ``(10) the extent to which the State or local government has facilitated the adoption and enforcement of nationally recognized design standards that establish criteria for the design, construction, and maintenance of eligible facilities for the purpose of protecting the health, safety, and general welfare of the buildings' users against disasters; ``(11) the extent to which the assistance will fund activities that increase the level of resiliency; and''; (5) by striking subsection (i) and inserting the following: ``(i) National Public Infrastructure Predisaster Mitigation Fund.-- ``(1) Establishment.--The President may establish in the Treasury of the United States a separate account called the National Public Infrastructure Predisaster Mitigation Fund (in this section referred to as the `Predisaster Mitigation Fund'), which shall be used exclusively to carry out this section, with amounts in such account to be available until expended unless otherwise provided. ``(2) Transfers to predisaster mitigation fund.-- ``(A) In general.--There shall be deposited in the Predisaster Mitigation Fund with respect to each disaster declared on or after August 1, 2017, an additional amount equal to 6 percent of the estimated aggregate amount of grants to be made pursuant to section 406. ``(B) Estimated aggregate amount.--Not later than 180 days after each major disaster declaration, the estimated aggregate amount of grants to be deposited in such Fund shall be determined and need not be reduced, increased, or changed due to variations in estimates.''; and (6) by striking subsection (m). SEC. 4. ELIGIBILITY FOR CODE IMPLEMENTATION AND ENFORCEMENT. Section 406(a)(2) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the period at the end of subparagraph (C) and inserting ``; and''; and (3) by adding at the end the following: ``(D) base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared.''. SEC. 5. ADDITIONAL MITIGATION ACTIVITIES. (a) Hazard Mitigation Clarification.--Section 404(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c(a)) is amended by striking the first sentence and inserting the following: ``The President may contribute not more than 75 percent of the cost of hazard mitigation measures which the President has determined are cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.''. (b) Eligible Cost.--Section 406(e)(1)(A) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)(1)(A)) is amended-- (1) in the matter preceding clause (i), by inserting after ``section'' the following: ``for disasters declared on or after August 1, 2017, or disasters where a cost estimate has not yet been finalized for a project''; (2) in clause (i), by striking ``and''; (3) in clause (ii)-- (A) by striking ``codes, specifications, and standards'' and inserting ``the latest nationally recognized design codes, specifications and standards that establish minimum acceptable criteria for the design, construction, and maintenance of facilities for the purposes of protecting the health, safety, and general welfare of a facility's users against disasters''; (B) by striking ``applicable at the time at which the disaster occurred''; and (C) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(iii) in a manner that allows the facility to meet the definition of resilient developed pursuant this subsection.''. (c) New Rules.--Section 406(e) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172(e)) is amended by adding at the end the following: ``(5) New rules.-- ``(A) In general.--Not later than 18 months after the date of enactment of this paragraph, the President, acting through the Administrator of the Federal Emergency Management Agency, shall issue a final rulemaking that defines the terms `resilient' and `resiliency' for purposes of this subsection. ``(B) Guidance.--Not later than 90 days after the date on which the Administrator issues the final rulemaking under this paragraph, the Administrator shall issue any necessary guidance related to the rulemaking. ``(C) Report.--Not later than 2 years after the date of enactment of this paragraph, the Administrator shall submit to Congress a report summarizing the regulations and guidance issued pursuant to this paragraph.''.
Supporting Mitigation Activities and Resiliency Targets for Rebuilding Act or the SMART Rebuilding Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to provide incentives to invest in measures that increase readiness for, and resilience from, a major disaster. The Federal Emergency Management Agency (FEMA) must issue comprehensive guidance on measures and investments that will be recognized for the purpose of increasing the federal share of disaster assistance. The bill authorizes the President to: (1) establish a National Public Infrastructure Predisaster Mitigation Fund which may be used for activities to implement design standards to protect the welfare of buildings' users against disasters, and (2) contribute to state and local governments for their associated expenses which shall include base and overtime wages for extra hires to facilitate the implementation and enforcement of adopted building codes for a period of not more than 180 days after the major disaster is declared. The President may contribute up to 75% of the cost of hazard mitigation measures determined to be cost-effective and which substantially reduce the risk of, or increase resilience to, future damage, hardship, loss, or suffering in any area affected by a major disaster.
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REQUIREMENTS. (a) In General.--Except as provided in subsection (b), nothing in this Act supersedes any requirement of the War Powers Resolution. (b) Specific Statutory Authorization Not Required.--Section 5(b) of the War Powers Resolution shall not apply to the deployment of units of the Armed Forces designated under section 101. TITLE II--EXPEDITED PROCEDURES SEC. 201. CONGRESSIONAL PRIORITY PROCEDURES. (a) Definitions.--For purposes of this section-- (1) the term ``resolution'' means any joint resolution described in section 102(c); and (2) the term ``session days'' means days on which the respective House of Congress is in session. (b) Referral of Resolutions.--A resolution introduced in the House of Representatives shall be referred to the Committee on Foreign Affairs of the House of Representatives. A resolution introduced in the Senate shall be referred to the Committee on Foreign Relations of the Senate. (c) Discharge of Committee.--(1) If the committee to which is referred a resolution has not reported such a resolution (or an identical resolution) at the end of 7 calendar days after its introduction, such committee shall be discharged from further consideration of such resolution, and such resolution shall be placed on the appropriate calendar of the House of Congress involved. (2) After a committee reports or is discharged from a resolution, no other resolution with respect to the same use of force may be reported by or be discharged from such committee while the first resolution is before the respective House of Congress (including remaining on the calendar), a committee of conference, or the President. (d) Consideration of Resolutions.--(1)(A) Whenever the committee to which a resolution is referred has reported, or has been discharged under subsection (c) from further consideration of such resolution, notwithstanding any rule or precedent of the Senate, including Rule 22, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House of Congress to move to proceed to the consideration of the resolution and, except as provided in subparagraph (B) of this paragraph or paragraph (2) of this subsection (insofar as it related to germaneness and relevancy of amendments), all points of order against the resolution and 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 a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall be in order, except that such motion may not be entered for future disposition. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House of Congress, to the exclusion of all other business, until disposed of, except as otherwise provided in subsection (e)(1). (B) Whenever a point of order is raised in the Senate against the privileged status of a resolution that has been laid before the Senate and been initially identified as privileged for consideration under this section upon its introduction pursuant to section 102(c), such point of order shall be submitted directly to the Senate. The point of order, ``The resolution is not privileged under title ____ of the ____________________ Act'', shall be decided by the yeas and the nays after four hours of debate, equally divided between, and controlled by, the Member raising the point of order and the manager of the resolution, except that in the event the manager is in favor of such point of order, the time in opposition thereto shall be controlled by the Minority Leader or his designee. Such point of order shall not be considered to establish precedent for determination of future cases. (2)(A)(i) Consideration in a House of Congress of the resolution, and all amendments and debatable motions in connection therewith, shall be limited to not more than 12 hours, which, except as otherwise provided in this section, shall be equally divided between, and controlled by, the Majority Leader and the Minority Leader, or by their designees. (ii) The Majority Leader or the Minority Leader or their designees may, from the time under their control on the resolution, allot additional time to any Senator during the consideration of any amendment, debatable motion, or appeal. (B) Only amendments which are germane and relevant to the resolution are in order. Debate on any amendment to the resolution shall be limited to 2 hours, except that debate on any amendment to an amendment shall be limited to 1 hour. The time of debate for each amendment shall be equally divided between, and controlled by, the mover of the amendment and the manager of the resolution, except that in the event the manager is in favor of any such amendment, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (C) One amendment by the Minority Leader is in order to be offered under a one-hour time limitation immediately following the expiration of the 12-hour time limitation if the Minority Leader has had no opportunity to offer an amendment to the resolution thereto. One amendment may be offered to the amendment by the Minority Leader under the preceding sentence, and debate shall be limited on such amendment to one-half hour which shall be equally divided between, and controlled by, the mover of the amendment and the manager of the resolution, except that in the event the manager is in favor of any such amendment, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (D) A motion to postpone 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 in order, except that such motion may not be entered for future disposition, and debate on such motion shall be limited to 1 hour. (3) Whenever all the time for debate on a resolution has been used or yielded back, no further amendments may be proposed, except as provided in paragraph (2)(C), and the vote on the adoption of the resolution shall occur without any intervening motion or amendment, except that a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House of Congress may occur immediately before such vote. (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 shall be limited to one-half hour of debate, equally divided between, and controlled by, the Member making the appeal and the manager of the resolution, except that in the event the manager is in favor of any such appeal, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (e) Treatment of Other House's Resolution.--(1) Except as provided in paragraph (2), if, before the passage by one House of a resolution of that House, that House receives from the other House a resolution, then the following procedures shall apply: (A) The resolution of the sending House shall not be referred to a committee in the receiving House. (B) With respect to a resolution of the House receiving the resolution, the procedure in that House shall be the same as if no resolution had been received from the sending House, except that the resolution of the sending House shall be considered to have been read for the third time. (C) If the resolutions of the sending and receiving Houses are identical, the vote on final passage shall be on the resolution of the sending House. (D) If such resolutions are not identical-- (i) the vote on final passage shall be on the resolution of the sending House, with the text of the resolution of the receiving House inserted in lieu of the text of the resolution of the sending House; (ii) such vote on final passage shall occur without debate or any intervening action; and (iii) the resolution shall be returned to the sending House for proceedings under subsection (g). (E) Upon disposition of the resolution received from the other House, it shall no longer be in order to consider the resolution originated in the receiving House. (2) If one House receives from the other House a resolution before any such resolution is introduced in the first House, then the resolution received shall be referred, in the case of the House of Representatives, to the Committee on Foreign Affairs and, in the case of the Senate, to the Committee on Foreign Relations, and the procedures in that House with respect to that resolution shall be the same under this section as if the resolution received had been introduced in that House. (f) Treatment of Identical Resolutions.--If one House receives from the other House a resolution after the first House has disposed of an identical resolution, it shall be in order to proceed by nondebatable motion to consideration of the resolution received by the first House, and that received resolution shall be disposed of without debate and without amendment. (g) Procedures Applicable to Amendments Between the Houses of Congress.--The following procedures shall apply to dispose of amendments between the Houses of Congress: (1) Upon receipt by a House of Congress of a message from the other House with respect to a resolution, it is in order for any Member of the House receiving the message to move to proceed to the consideration of the respective resolution. Such motion shall be disposed of in the same manner as a motion under subsection (d)(1)(A). Such a motion is not in order after conferees have been appointed. (2)(A) The time for debate in a House of Congress on any motion required for the disposition of an amendment by the other House to the resolution shall not exceed 2 hours, equally divided between, and controlled by, the mover of the motion and manager of the resolution at each stage of the proceedings between the two Houses, except that in the event the manager is in favor of any such motion, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (B) The time for debate for each amendment to a motion shall be limited to one-half hour. (C) Only motions proposing amendments which are germane and relevant are in order. (h) Procedures Applicable to Conference Reports and Presidential Action.--(1) Either House of Congress may disagree to an amendment or amendments made by the other House to a resolution or may insist upon its amendment or amendments to a resolution, and request a conference with the other House at any time. In the case of any disagreement between the two Houses of Congress with respect to an amendment or amendments to a resolution which is not resolved within 2 session days after a House of Congress first amends the resolution originated by the other House, each House shall be deemed to have requested and accepted a conference with the other House. Upon the request or acceptance of a conference, in the case of the Senate, the President pro tempore shall appoint conferees and, in the case of the House of Representatives, the Speaker of the House shall appoint conferees. (2) In the event the conferees are unable to agree within 72 hours after the second House is notified that the first House has agreed to conference, or after each House is deemed to have agreed to conference, they shall report back to their respective House in disagreement. (3) Notwithstanding any rule in either House of Congress concerning the printing of conference reports in the Congressional Record or concerning any delay in the consideration of such reports, such report, including a report filed or returned in disagreement, shall be acted on in the House of Representatives or the Senate not later than 2 session days after the first House files the report or, in the case of the Senate acting first, the report is first made available on the desks of the Senators. (4) Debate in a House of Congress on a conference report or a report filed or returned in disagreement in any such resolution shall be limited to 3 hours, equally divided between the Majority Leader and the Minority Leader, and their designees. (5) In the case of a conference report returned to a House of Congress in disagreement, an amendment to the amendment in disagreement is only in order if it is germane and relevant. The time for debate for such an amendment shall be limited to one-half hour, to be equally divided between, and controlled by, the mover of the amendment and the manager of the resolution, except that in the event the manager is in favor of any such amendment, the time in opposition thereto shall be controlled by the Minority Leader or his designee. (6) If a resolution is vetoed by the President, the time for debate in consideration of the veto message on such measure shall be limited to 20 hours in each House of Congress, equally divided between, and controlled by, the Majority Leader and the Minority Leader, and their designees. (i) Rules of the Senate and the House.--This section is enacted by the 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, 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 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. 202. INAPPLICABILITY OF OBSOLETE EXPEDITED PROCEDURES. Section 1013 of the Department of State Authorization Act, Fiscal Years 1984 and 1985 (50 U.S.C. 1546a), shall not apply to joint resolutions introduced under this Act. S 1748 IS----2
TABLE OF CONTENTS: Title I: Contribution of Volunteer United States Military Personnel to International Peacekeeping Operations Title II: Expedited Procedures Peacekeeping Participation Act of 1993 - Title I: Contribution of Volunteer United States Military Personnel to International Peacekeeping Operations - Directs the President to report to the Congress on: (1) a plan for organizing a contingency force of armed forces personnel who volunteer to serve in international peacekeeping or peacemaking operations and for providing training to such personnel; and (2) proposed procedures to implement such plan. Authorizes the President, after appropriate congressional consultation, to make such personnel available for peacekeeping or peacemaking operations if it is in the national interest. Requires the President, within 48 hours of any deployment of the armed forces in connection with international peacekeeping or peacemaking operations, to report to the Speaker of the House and the president pro tempore of the Senate (as required by the War Powers Resolution) on: (1) the circumstances necessitating the the introduction of the armed forces; (2) the constitutional and legislative authority under which such introduction took place; and (3) the estimated scope and duration of the involvement. Directs the President to remove such units from involvement within 90 days if the Congress has enacted a joint resolution disapproving the continued participation of such units in the operation. Provides that a certain provision of the War Powers Resolution which terminates the use of the armed forces after a certain time period unless the Congress declares war or makes a specific authorization shall not apply to peacekeeping operations. Title II: Expedited Procedures - Establishes procedures for the consideration of joint resolutions to disapprove the continued participation of the armed forces in peacekeeping or peacemaking operations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Restoration Act of 1993''. SEC. 2. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--The Congress finds that-- (1) the framers of the Constitution, recognizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the Constitution; (2) laws ``neutral'' toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise; (3) governments should not burden religious exercise without compelling justification; (4) in Employment Division v. Smith, 494 U.S. 872 (1990) the Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral toward religion; and (5) the compelling interest test as set forth in prior Federal court rulings is a workable test for striking sensible balances between religious liberty and competing prior governmental interests. (b) Purposes.--The purposes of this Act are-- (1) to restore the compelling interest test as set forth in Sherbert v. Verner, 374 U.S. 398 (1963) and Wisconsin v. Yoder, 406 U.S. 205 (1972) and to guarantee its application in all cases where free exercise of religion is burdened; and (2) to provide a claim or defense to persons whose religious exercise is burdened by government. SEC. 3. FREE EXERCISE OF RELIGION PROTECTED. (a) In General.--Government shall not burden a person's exercise of religion even if the burden results from a rule of general applicability, except as provided in subsection (b). (b) Exception.--Government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person-- (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. (c) Judicial Relief.--A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government. Standing to assert a claim or defense under this section shall be governed by the general rules of standing under article III of the Constitution. SEC. 4. ATTORNEYS FEES. (a) Judicial Proceedings.--Section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by inserting ``the Religious Freedom Restoration Act of 1993,'' before ``or title VI of the Civil Rights Act of 1964''. (b) Administrative Proceedings.--Section 504(b)(1)(C) of title 5, United States Code, is amended-- (1) by striking ``and'' at the end of clause (ii); (2) by striking the semicolon at the end of clause (iii) and inserting ``, and''; and (3) by inserting ``(iv) the Religious Freedom Restoration Act of 1993;'' after clause (iii). SEC. 5. DEFINITIONS. As used in this Act-- (1) the term ``government'' includes a branch, department, agency, instrumentality, and official (or other person acting under color of law) of the United States, a State, or a subdivision of a State; (2) the term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States; (3) the term ``demonstrates'' means meets the burdens of going forward with the evidence and of persuasion; and (4) the term ``exercise of religion'' means the exercise of religion under the First Amendment to the Constitution. SEC. 6. APPLICABILITY. (a) In General.--This Act applies to all Federal and State law, and the implementation of that law, whether statutory or otherwise, and whether adopted before or after the enactment of this Act. (b) Rule of Construction.--Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (c) Religious Belief Unaffected.--Nothing in this Act shall be construed to authorize any government to burden any religious belief. SEC. 7. ESTABLISHMENT CLAUSE UNAFFECTED. Nothing in this Act shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the ``Establishment Clause''). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this Act. As used in this section, the term ``granting'', used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.
Religious Freedom Restoration Act of 1993 - Prohibits any agency, department, or official of the United States or any State (the government) from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability, except that the government may burden a person's exercise of religion only if it demonstrates that application of the burden to the person: (1) furthers a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest. Sets forth provisions pertaining to judicial relief, attorney's fees, and applicability. Declares that: (1) nothing in this Act shall be construed to interpret the clause of the First Amendment to the Constitution prohibiting the establishment of religion; (2) the granting of government funding, benefits, or exemptions, to the extent permissible under that clause, shall not constitute a violation of this Act; and (3) as used in this Act, "granting" does not include the denial of government funding, benefits, or exemptions.
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SECTION 1. FINDINGS. Congress finds the following: (1) Encouraging the participation in Federal contracting of small businesses owned and controlled by socially and economically disadvantaged individuals is in the Federal Government's interest, helps spur competition and innovation, and supports community-level economic revitalization and entrepreneurship. (2) Small businesses are key engines of economic growth, but they have had difficulties accessing Federal contracting and procurement opportunities and participating in federally funded projects, particularly in the area of transportation. (3) Congress has supported efforts to ensure that small businesses owned and controlled by socially and economically disadvantaged individuals are regular participants in projects funded by agencies throughout the Federal Government. (4) The United States Department of Transportation has used Disadvantaged Business Enterprise programs to ensure nondiscrimination in the award and administration of contracts by entities receiving funds through the Department's highway, transit, and airport financial assistance programs. (5) Congress and the Department have also worked to ensure that-- (A) Disadvantaged Business Enterprise programs are narrowly tailored to provide a level playing field on which small businesses owned and controlled by socially and economically disadvantaged individuals can compete fairly for contracts awarded by entities receiving Department assistance; (B) only small businesses that meet the eligibility requirements for Disadvantaged Business Enterprise programs are permitted to participate in such programs; (C) Disadvantaged Business Enterprise programs assist the development of small businesses that can compete successfully in the marketplace outside of such programs; and (D) recipients of Department assistance have appropriate flexibility in providing opportunities for small businesses owned and controlled by socially and economically disadvantaged individuals. (6) Congress has supported efforts to encourage veteran- owned small businesses to participate in Federal contracting and procurement opportunities, including by creating and strengthening programs and institutions for veterans who own or operate small businesses and requiring the President to establish an annual Government-wide goal of at least 3 percent for the award of procurement contracts to small businesses owned by service-disabled veterans. SEC. 2. PARTICIPATION OF DISADVANTAGED BUSINESS ENTERPRISES IN HIGH- SPEED RAIL PROJECTS. (a) In General.--Chapter 261 of title 49, United States Code, is amended by adding at the end the following new section: ``Sec. 26107. Disadvantaged business enterprises ``(a) In General.--Except as provided in subsection (b), not less than 10 percent of the amounts made available for any project under sections 26101 and 26106 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. ``(b) Exception.-- ``(1) Determination by secretary.--If the Secretary determines that the requirement of subsection (a) will prevent the satisfactory completion of a project described in such subsection because of a lack of competitive bids by small business concerns owned and controlled by socially and economically disadvantaged individuals, the Secretary may, with respect to such project, reduce the percentage stated in such subsection to the extent necessary to ensure satisfactory completion of such project. ``(2) Report to congress.--If the Secretary reduces the percentage as provided in paragraph (1), the Secretary shall submit to Congress a report describing the reduction and how the Secretary determined that the reduction was necessary to ensure satisfactory completion of the project involved. ``(c) Uniform Certification Criteria.--The Secretary shall establish minimum uniform criteria for a recipient of funds under section 26101 or 26106 to use in certifying whether a small business concern qualifies for purposes of this section. Such minimum criteria shall include on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred. ``(d) Compliance With Court Orders.--Nothing in this section limits the eligibility of a person to receive funds made available under section 26101 or 26106 if the person is prevented, in whole or in part, from satisfying a requirement of this section because a Federal court issues a final order finding that such requirement is unconstitutional. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Small business concern.--The term `small business concern' has the meaning given such term in section 3(a) of the Small Business Act (15 U.S.C. 632(a)), except that such term does not include any concern, or group of concerns controlled by the same socially and economically disadvantaged individual or individuals, which has gross receipts over the preceding 3 fiscal years averaging in excess of $19,570,000 per year. The Secretary shall adjust annually for inflation the threshold amount in the preceding sentence. ``(2) Socially and economically disadvantaged individuals.--The term `socially and economically disadvantaged individuals' has the meaning given such term in section 8(d)(3)(C) of the Small Business Act (15 U.S.C. 637(d)(3)(C)) and relevant subcontracting regulations issued under such Act, except that women shall be presumed to be socially and economically disadvantaged individuals.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 26106 the following new item: ``26107. Disadvantaged business enterprises.''. SEC. 3. SENSE OF CONGRESS REGARDING VETERAN-OWNED SMALL BUSINESSES. It is the sense of Congress that the Federal Government should continue to encourage participation by veteran-owned small businesses in Federal contracting and procurement opportunities and federally funded projects, including by making veteran-owned businesses a key part of the small business programs of the Department of Transportation and other Federal agencies.
Requires at least 10% of funds made available for high-speed rail corridor planning and development projects to be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals (disadvantaged business enterprises). Authorizes the Secretary of Transportation (DOT), however, if this requirement will prevent the satisfactory completion of a project because of a lack of competitive bids by disadvantaged business enterprises, to reduce the percentage for the project to the extent necessary to ensure its satisfactory completion. Requires the Secretary to establish minimum uniform criteria for recipients of high-speed rail corridor project funds to use in certifying small business concerns as disadvantaged business enterprises. Expresses the sense of Congress that the federal government should continue to encourage participation by veteran-owned small businesses in federal contracting and procurement opportunities and federally-funded projects, including the small business programs of the Department of Transportation (DOT) and other federal agencies.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Total Overhaul of Totalization Agreements Law of 2007''. SEC. 2. RESTRICTION OF TOTALIZATION AGREEMENTS TO PROVIDING FOR APPROPRIATE EXCHANGE OF SOCIAL SECURITY TAXES OR CONTRIBUTIONS. (a) In General.--Section 233(c)(1) of the Social Security Act (42 U.S.C. 433(c)(1)) is amended-- (1) in subsection (a), by striking ``for the purposes of'' and all that follows and inserting the following: ``for the purposes of providing appropriate exchange between the parties to such agreements of taxes or contributions paid under their respective social security systems, as provided in subsection (c)(1).''; and (2) by striking subsection (c)(1) and inserting the following: ``(c)(1) Any agreement establishing a totalization arrangement pursuant to this section between the United States and another country shall provide that-- ``(A) in any case in which-- ``(i) an individual who is a citizen or national of the other country or lawfully admitted to the other country for permanent residence in the other country becomes entitled to cash benefits under the social security system of the other country, and ``(ii) such individual (or, in the case of a survivor or derivative benefit, the individual on whose contributions such benefits are based) has been credited with at least 6 quarters of coverage as defined in section 213 based on wages paid for services performed in the United States or self-employment income derived in the United States, the Secretary of the Treasury shall transfer from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to the other country amounts appropriated to each such Trust Fund under section 201 in connection with taxes under chapters 2 and 21 of the Internal Revenue Code of 1986 paid in connection with such wages and self-employment income, and ``(B) in any case in which-- ``(i) an individual who is a citizen or national of the United States or lawfully admitted for permanent residence in the United States becomes entitled to cash benefits under this title, and ``(ii) such individual (or, in the case of a survivor or derivative benefit, the individual on whose wages and self-employment income such benefits are based) has been credited with a period of coverage under the social security system of the other country, based on service performed, or earnings derived, in the other country, equivalent (under the terms of the agreement) to 6 quarters of coverage as defined in section 213, the other country shall pay to the United States an amount equivalent to any taxes or other contributions paid by the credited individual described in clause (ii) or such individual's employer to the social security system of the other country, based on such service or earnings, as required under the social security system of the other country.''. (b) Conforming Amendment.--Section 233(c)(3) of such Act is amended to read as follows: ``(3) Any such agreement shall provide for the exchange of such information between the parties to the agreement as is necessary to provide for the transfers between the parties under paragraph (1). The Secretary of the Treasury and the Commissioner of Social Security shall exchange such information as is necessary to enable the Secretary of the Treasury to carry out any transfers referred to in paragraph (1)(A).''. (c) Effective Date.--The amendments made by this section shall apply with respect to agreements becoming effective on or after January 1, 2007. SEC. 3. LIMITATIONS ON COVERAGE OF INDIVIDUALS BASED ON EARNINGS BY INDIVIDUALS IN THE UNITED STATES WHILE SUCH INDIVIDUALS WERE NOT CITIZENS, NATIONALS, OR LAWFUL PERMANENT RESIDENTS OF THE UNITED STATES AND WERE NOT AUTHORIZED TO BE EMPLOYED IN THE UNITED STATES. (a) In General.--Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' after ``(e)''; and (3) by adding at the end the following new paragraph: ``(2) For purposes of subsections (b) and (d), in computing an individual's average indexed monthly earnings (or in the case of an individual whose primary insurance amount is computed under section 215(a) as in effect prior to January 1979, average monthly wage), such individual shall not be credited with any wages paid to such individual for services performed in the United States, or any self-employment income derived by such individual in the United States, if such services were performed, or such self-employment income was derived, while such individual was neither a citizen or national of the United States nor lawfully admitted for permanent residence in the United States and was not authorized to be employed in the United States.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to wages paid, and self-employment income derived, before, on, or after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out such amendments. Such amendments shall affect benefits only for months after the date of the enactment of this Act.
Total Overhaul of Totalization Agreements Law of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise requirements for agreements establishing a totalization arrangement between the United States and another country with respect to the exchange of funds and information between the countries on behalf citizens, nationals, or permanent residents of one country who become entitled to cash benefits under the other country's social security system. Prohibits, in computing an individual's average indexed monthly earnings, the crediting of individuals under OASDI with wages from employment or self-employment in the United States performed while such individuals: (1) are not citizens, nationals, or lawful permanent residents of the United States; and (2) are not authorized by law to be employed in the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Microcredit for Self-Reliance Act of 1997''. SEC. 2. FINDINGS AND DECLARATIONS OF POLICY. The Congress makes the following findings and declarations: (1) More than 1,000,000,000 people in the developing world are living in severe poverty. (2) According to the United Nations Children's Fund (UNICEF), mortality for children under the age of 5 averages 100 child deaths per thousand for all developing countries, with nearly double that rate in the poorest countries. (3) Nearly 35,000 children die each day from largely preventable malnutrition and disease. (4)(A) Women in poverty generally have larger work loads, and less access to educational and economic opportunities than their male counterparts. (B) Directly aiding the poorest of the poor, especially women, in the developing world has a positive effect not only on family incomes, but also on child nutrition, health and education, as women in particular reinvest income in their families. (5)(A) The poor in the developing world, particularly women, generally lack stable employment and social safety nets. (B) Many turn to self-employment to generate a substantial portion of their livelihood. (C) These poor entrepreneurs are often trapped in poverty because they cannot obtain credit at reasonable rates to build their asset base or expand their otherwise viable self- employment activities. (D) Many of the poor are forced to pay interest rates as high as 10 percent per day to money lenders. (6)(A) On February 2-4, 1997, a global microcredit summit was held in Washington, District of Columbia, to launch a plan to expand access to credit for self-employment and other financial and business services to 100,000,000 of the world's poorest families, especially the women of those families, by 2005. (B) With five to a family, achieving this goal will mean that the benefits of microcredit will thereby reach nearly half of the world's more than 1,000,000,000 absolute poor. (7)(A) The poor are able to expand their incomes and their businesses dramatically when they can access loans at reasonable interest rates. (B) Through the development of self-sustaining microcredit programs, poor people themselves can lead the fight against hunger and poverty. (8)(A) Nongovernmental organizations such as the Grameen Bank, Accion International, and the Foundation for International Community Assistance (FINCA) have been successful in lending directly to the very poor. (B) These institutions generate repayment rates averaging 95 percent or higher, demonstrating the bankability of the poorest. (C) International organizations such as the International Fund for Agricultural Development (IFAD) and the United Nations Development Program (UNDP) have demonstrated success in supporting microcredit programs. (9)(A) Microcredit institutions not only reduce poverty, but also reduce the dependency on foreign assistance. (B) Interest income on a credit portfolio can be used to pay recurring institutional costs, assuring the long-term sustainability of development assistance. (10) Microcredit institutions leverage foreign assistance resources because loans are recycled, generating new benefits to program participants. (11) The development of sustainable microcredit institutions which provide credit and training, and mobilize domestic savings, are critical components to a global strategy of poverty reduction and broad based economic development. (12)(A) In 1994, the United States Agency for International Development launched a microenterprise initiative in partnership with the Congress. (B) The initiative committed to expanding funding for the microenterprise programs of the Agency, and set a goal that, by the end of fiscal year 1996, half of all microenterprise resources would support programs and institutions providing credit to the poorest, with loans under $300. (C) In order to achieve the goal of the microcredit summit, increased investment in microcredit institutions serving the poorest will be critical. (13) Providing the United States share of the global investment needed to achieve the goal of the microcredit summit will require only a small increase in United States funding for international microcredit programs, with an increased focus on institutions serving the poorest. (14)(A) In order to reach tens of millions of the poorest with microcredit, it is crucial to expand and replicate successful microcredit institutions. (B) These institutions need assistance in developing their institutional capacity to expand their services and tap commercial sources of capital. (15) Nongovernmental organizations have demonstrated competence in developing networks of local microcredit institutions so that they reach large numbers of the very poor, and achieve financial sustainability. (16) Recognizing that the United States Agency for International Development has developed very effective partnerships with nongovernmental organizations, and that the Agency will have fewer missions to carry out its work, the Agency should place priority on investing in these nongovernmental network institutions through the central funding mechanisms of the Agency. (17) By expanding and replicating successful microcredit institutions, it should be possible to create a global infrastructure to provide financial services to the world's poorest families. (18)(A) The United States Agency for International Development can provide leadership to other bilateral and multilateral development agencies as such agencies expand their support to the microenterprise sector. (B) The United States Agency for International Development should seek to improve coordination of donor efforts at the operational level to promote the use of best practices in the provision of financial services to the poor and to ensure that adequate institutional capacity is developed. (19) Through expanded support for microcredit, especially credit for the poorest, the United States Agency for International Development can continue to play a leadership role in the global effort to expand financial services and opportunity to 100,000,000 of the poorest families on the planet. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide for the continuation and expansion of the commitment of the United States Agency for International Development to the development of microenterprise institutions; (2) to make microenterprise development the centerpiece of the overall economic growth strategy of the United States Agency for International Development; (3) to support and develop the capacity of United States and indigenous nongovernmental organization intermediaries to provide credit, savings, and training services to microentrepreneurs; (4) to increase the amount of assistance devoted to credit activities designed to reach the poorest sector in developing countries, and to improve the access of the poorest, particularly women, to microenterprise credit in developing countries; and (5) to encourage the United States Agency for International Development to provide global leadership in promoting microenterprise for the poorest among bilateral and multilateral donors. SEC. 4. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS. Section 108 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151f) is amended to read as follows: ``SEC. 108. MICRO- AND SMALL ENTERPRISE DEVELOPMENT CREDITS. ``(a) Findings and Policy.--The Congress finds and declares that-- ``(1) the development of micro- and small enterprise, including cooperatives, is a vital factor in the stable growth of developing countries and in the development and stability of a free, open, and equitable international economic system; ``(2) it is, therefore, in the best interests of the United States to assist the development of the private sector in developing countries and to engage the United States private sector in that process; ``(3) the support of private enterprise can be served by programs providing credit, training, and technical assistance for the benefit of micro- and small enterprises; and ``(4) programs that provide credit, training, and technical assistance to private institutions can serve as a valuable complement to grant assistance provided for the purpose of benefiting micro- and small private enterprise. ``(b) Program.--To carry out the policy set forth in subsection (a), the President is authorized to provide assistance to increase the availability of credit to micro- and small enterprises lacking full access to credit, including through-- ``(1) loans and guarantees to credit institutions for the purpose of expanding the availability of credit to micro- and small enterprises; ``(2) training programs for lenders in order to enable them to better meet the credit needs of micro- and small entrepreneurs; and ``(3) training programs for micro- and small entrepreneurs in order to enable them to make better use of credit and to better manage their enterprises. ``(c) Eligibility Criteria.--The Administrator of the United States Agency for International Development shall establish criteria for determining which entities described in subsection (b) are eligible to carry out activities, with respect to microenterprises, assisted under this section. Such criteria may include the following: ``(1) The extent to which the recipients of credit from the entity do not have access to the local formal financial sector. ``(2) The extent to which the recipients of credit from the entity are among the poorest people in the country. ``(3) The extent to which the entity is oriented toward working directly with poor women. ``(4) The extent to which the entity recovers its cost of lending to the poor. ``(5) The extent to which the entity implements a plan to become financially sustainable.''. SEC. 5. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following new section: ``SEC. 129. MICROENTERPRISE DEVELOPMENT GRANT ASSISTANCE. ``(a) Authorization.--(1) In carrying out this part, the Administrator of the United States Agency for International Development is authorized to provide grant assistance for programs of credit and other assistance for microenterprises in developing countries. ``(2) Assistance authorized under paragraph (1) shall be provided through organizations that have a capacity to develop and implement microenterprise programs, including particularly-- ``(A) United States and indigenous private and voluntary organizations; ``(B) United States and indigenous credit unions and cooperative organizations; or ``(C) other indigenous governmental and nongovernmental organizations. ``(3) Approximately one-half of the credit assistance authorized under paragraph (1) shall be used for poverty lending programs, including the poverty lending portion of mixed programs. Such programs-- ``(A) shall meet the needs of the very poor members of society, particularly poor women; and ``(B) should provide loans of $300 or less in 1995 United States dollars to such poor members of society. ``(4) The Administrator should continue support for mechanisms that-- ``(A) provide technical support for field missions; ``(B) strengthen the institutional development of the intermediary organizations described in paragraph (2); and ``(C) share information relating to the provision of assistance authorized under paragraph (1) between such field missions and intermediary organizations. ``(b) Monitoring System.--In order to maximize the sustainable development impact of the assistance authorized under subsection (a)(1), the Administrator shall establish a monitoring system that-- ``(1) establishes performance goals for such assistance and expresses such goals in an objective and quantifiable form, to the extent feasible; ``(2) establishes performance indicators to be used in measuring or assessing the achievement of the goals and objectives of such assistance; and ``(3) provides a basis for recommendations for adjustments to such assistance to enhance the sustainable development impact of such assistance, particularly the impact of such assistance on the very poor, particularly poor women.''. SEC. 6. MULTILATERAL COOPERATION WITH THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT. (a) Findings.--The Congress finds the following: (1)(A) The International Fund for Agricultural Development (``IFAD'') has as its mission serving the poorest of the poor in rural areas. (B) IFAD has had two decades of experience in assisting the economic development of the rural poor. (2) IFAD has been a significant supporter of microenterprise and other microfinance activities for the rural poor almost since its inception and it was the first international institution to assist the Grameen Bank. (3) IFAD can make a significant contribution to developing a global network of sustainable microenterprise and other microfinance institutions which serve the very poor through support for nongovernmental organizations and other community- based microcredit institutions. (b) Sense of the Congress.--It is the sense of the Congress that-- (1) the United States Agency for International Development, in carrying out sections 108 and 129 of the Foreign Assistance Act of 1961, as added by sections 4 and 5 of this Act, respectively, shall seek to cooperate with IFAD in order to compliment and expand the activities of IFAD, especially with respect to institutional development; and (2) the United States should continue to support and contribute to the activities of IFAD, especially activities related to microenterprise and microfinance, including the Microfinance Capacity Building Grant Initiative. SEC. 7. UNITED NATIONS DEVELOPMENT PROGRAM'S MICROSTART PROGRAM. It is the sense of the Congress that-- (1) the Microstart Program established by the United Nations Development Program (UNDP) represents an important new initiative; and (2) the President should instruct the United States representative to the United Nations to use the voice and vote of the United States to support the Microstart Program of the United Nations Development Program. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.
Microcredit for Self-Reliance Act of 1997 - Amends the Foreign Assistance Act of 1961 to set forth congressional findings and policy, including that: (1) the development of micro- and small enterprise, including cooperatives, is a vital factor in the growth of developing countries and in the development of a free, open, and equitable international economic system; and (2) programs that provide credit, training, and technical assistance to private institutions can serve as a valuable complement to grant assistance provided for the purpose of benefiting micro- and small private enterprise. Authorizes the President to provide assistance to increase the availability of credit to micro- and small enterprises lacking full access to credit through: (1) loans and guarantees to credit institutions; and (2) training programs for lenders and micro- and small entrepreneurs. Sets forth assistance eligibility criteria. Authorizes the Administrator of the U.S. Agency for International Development (AID) to provide grant assistance for programs of credit and other assistance for microenterprises in developing countries. Directs the Administrator, in order to maximize the sustainable development impact of such assistance, to establish a monitoring system that sets certain performance goals for it. Expresses the sense of the Congress that: (1) AID, in carrying out the goals of this Act, shall seek to cooperate with the International Fund for Agricultural Development (IFAD) in order to complement and expand IFAD activities, especially with respect to institutional development; and (2) the United States should continue to support and contribute to IFAD activities, especially those related to microenterprises and microfinance (including the Microfinance Capacity Building Grant Initiative). Expresses the sense of the Congress that: (1) the Microstart Program established by the United Nations Development Program (UNDP) represents an important new initiative; and (2) the President should instruct the U.S. representative to the United Nations to use the U.S. vote to support the Program.
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SECTION 1. FINDINGS. The Congress finds that-- (1) the Women Airforce Service Pilots of WWII, known as the ``WASP'', were the first women in history to fly American military aircraft; (2) more than 60 years ago, they flew fighter, bomber, transport, and training aircraft in defense of America's freedom; (3) they faced overwhelming cultural and gender bias against women in nontraditional roles and overcame multiple injustices and inequities in order to serve their country; (4) through their actions, the WASP eventually were the catalyst for revolutionary reform in the integration of women pilots into the Armed Services; (5) during the early months of World War II, there was a severe shortage of combat pilots; (6) Jacqueline Cochran, America's leading woman pilot of the time, convinced General Hap Arnold, Chief of the Army Air Forces, that women, if given the same training as men, would be equally capable of flying military aircraft and could then take over some of the stateside military flying jobs, thereby releasing hundreds of male pilots for combat duty; (7) the severe loss of male combat pilots made the necessity of utilizing women pilots to help in the war effort clear to General Arnold, and a women's pilot training program was soon approved; (8) it was not until August 1943, that the women aviators would receive their official name; (9) General Arnold ordered that all women pilots flying military aircraft, including 28 civilian women ferry pilots, would be named ``WASP'', Women Airforce Service Pilots; (10) more than 25,000 American women applied for training, but only 1,830 were accepted and took the oath; (11) exactly 1,074 of those trainees successfully completed the 21 to 27 weeks of Army Air Force flight training, graduated, and received their Army Air Force orders to report to their assigned air base; (12) on November 16, 1942, the first class of 29 women pilots reported to the Houston, Texas Municipal Airport and began the same military flight training as the male Army Air Force cadets were taking; (13) due to a lack of adequate facilities at the airport, 3 months later the training program was moved to Avenger Field in Sweetwater, Texas; (14) WASP were eventually stationed at 120 Army air bases all across America; (15) they flew more than 60,000,000 miles for their country in every type of aircraft and on every type of assignment flown by the male Army Air Force pilots, except combat; (16) WASP assignments included test piloting, instructor piloting, towing targets for air-to-air gunnery practice, ground-to-air anti-aircraft practice, ferrying, transporting personnel and cargo (including parts for the atomic bomb), simulated strafing, smoke laying, night tracking, and flying drones; (17) in October 1943, male pilots were refusing to fly the B-26 Martin Marauder (known as the ``Widowmaker'') because of its fatality records, and General Arnold ordered WASP Director, Jacqueline Cochran, to select 25 WASP to be trained to fly the B-26 to prove to the male pilots that it was safe to fly; (18) during the existence of the WASP-- (A) 38 women lost their lives while serving their country; (B) their bodies were sent home in poorly crafted pine boxes; (C) their burial was at the expense of their families or classmates; (D) there were no gold stars allowed in their parents' windows; and (E) because they were not considered military, no American flags were allowed on their coffins; (19) in 1944, General Arnold made a personal request to Congress to militarize the WASP, and it was denied; (20) on December 7, 1944, in a speech to the last graduating class of WASP, General Arnold said, ``You and more than 900 of your sisters have shown you can fly wingtip to wingtip with your brothers. I salute you . . . We of the Army Air Force are proud of you. We will never forget our debt to you.''; (21) with victory in WWII almost certain, on December 20, 1944, the WASP were quietly and unceremoniously disbanded; (22) there were no honors, no benefits, and very few ``thank you's''; (23) just as they had paid their own way to enter training, they had to pay their own way back home after their honorable service to the military; (24) the WASP military records were immediately sealed, stamped ``classified'' or ``secret'', and filed away in Government archives, unavailable to the historians who wrote the history of WWII or the scholars who compiled the history text books used today, with many of the records not declassified until the 1980s; (25) consequently, the WASP story is a missing chapter in the history of the Air Force, the history of aviation, and the history of the United States of America; (26) in 1977, 33 years after the WASP were disbanded, the Congress finally voted to give the WASP the veteran status they had earned, but these heroic pilots were not invited to the signing ceremony at the White House, and it was not until 7 years later that their medals were delivered in the mail in plain brown envelopes; (27) in the late 1970s, more than 30 years after the WASP flew in World War II, women were finally permitted to attend military pilot training in the United States Armed Forces; (28) thousands of women aviators flying support aircraft have benefitted from the service of the WASP and followed in their footsteps; (29) in 1993, the WASP were once again referenced during congressional hearings regarding the contributions that women could make to the military, which eventually led to women being able to fly military fighter, bomber, and attack aircraft in combat; (30) hundreds of United States servicewomen combat pilots have seized the opportunity to fly fighter aircraft in recent conflicts, all thanks to the pioneering steps taken by the WASP; (31) the WASP have maintained a tight-knit community, forged by the common experiences of serving their country during war; (32) as part of their desire to educate America on the WASP history, WASP have assisted ``Wings Across America'', an organization dedicated to educating the American public, with much effort aimed at children, about the remarkable accomplishments of these WWII veterans; and (33) the WASP have been honored with exhibits at numerous museums, to include-- (A) the Smithsonian Institution, Washington, DC; (B) the Women in Military Service to America Memorial at Arlington National Cemetery, Arlington, Virginia; (C) the National Museum of the United States Air Force, Wright Patterson Air Force Base, Ohio; (D) the National WASP WWII Museum, Sweetwater, Texas; (E) the 8th Air Force Museum, Savannah, Georgia; (F) the Lone Star Flight Museum, Galveston, Texas; (G) the American Airpower Museum, Farmingdale, New York; (H) the Pima Air Museum, Tucson, Arizona; (I) the Seattle Museum of Flight, Seattle, Washington; (J) the March Air Museum, March Reserve Air Base, California; and (K) the Texas State History Museum, Austin, Texas. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The President pro tempore of the Senate and the Speaker of the House of Representatives shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the Women Airforce Service Pilots (WASP) collectively, in recognition of their pioneering military service and exemplary record, which forged revolutionary reform in the Armed Forces of the United States of America. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Women Airforce Service Pilots, the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution shall make the gold medal received under this Act available for display elsewhere, particularly at other locations associated with the WASP. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under this Act, at a price sufficient to cover the costs of the medals, including labor, materials, dyes, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.
Directs the President pro tempore of the Senate and the Speaker of the House of Representatives to make appropriate arrangements for the award of a single gold medal in honor of the Women Airforce Service Pilots (WASP) collectively, in honor of their pioneering military service and exemplary record, which forged revolutionary reform in the U.S. Armed Forces. Expresses the sense of Congress that the Smithsonian Institution shall make the medal available for display elsewhere, particularly at other locations associated with the WASP.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Port Drivers' Bill of Rights Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The labor of drayage and intermodal truck drivers is vital to the movement of goods and to our Nation's economic prosperity. (2) Independent studies have repeatedly documented the low pay and rampant worker misclassification in the port drayage and intermodal industries. (3) The Subcommittee on Highways and Transit of the House Transportation and Infrastructure Committee held a hearing on May 5, 2010, on the negative economic and environmental impacts of port trucking. (4) An investigation published in USA Today on June 16, 2017, titled ``Rigged'', detailed disturbing employer abuses and called the work arrangements for many port truck drivers modern-day indentured servitude. (5) The California Labor Commissioner has issued decisions awarding over 400 port drivers in excess of $40 million in back pay due to wage and hour violations. (6) Federal and State courts have consistently upheld the California Labor Commissioner's authority to adjudicate these claims and have rejected complaints that wage claims brought by truck drivers with the Labor Commissioner are preempted by the Federal Aviation Administration Authorization Act of 1994. (7) The California Employment Development Department and the New Jersey Department of Labor have awarded at least 50 port drivers unemployment and disability benefits. (8) Regions 21 and 5 of the National Labor Relations Board have issued several complaints against port trucking companies for allegedly committing unfair labor practices after investigations determined port drivers were being misclassified. (9) Drayage drivers at the Ports of Los Angeles and Long Beach have engaged in at least 15 unfair labor practice strikes over the past 3 years to protest misclassification, which have caused picketing at marine terminals that delayed cargo and created congestion. (10) Many stakeholders in the movement of goods and licensed motor carriers, including beneficial cargo owners and third-party logistics providers, contribute to negative working conditions for port truck drivers. (11) Government officials have an opportunity and a responsibility to improve the working conditions of port truck drivers. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that truck drivers, including drayage drivers, have the right to-- (1) be treated with honesty and respect; (2) have full-time work guarantee a basic standard of living; (3) be covered by Federal, State, and local labor and employment laws; (4) be covered by workplace safety and health laws; (5) be free from exploitative truck lease or rental arrangements; (6) not be misclassified as independent contractors and denied legal protections, benefits, and pay; and (7) bargain collectively for better wages and working conditions. SEC. 4. TRUCK LEASING TASK FORCE. (a) Establishment.--Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Labor, shall establish the Truck Leasing Task Force (hereinafter referred to as the ``Task Force''). (b) Membership.--The Secretary of Transportation shall select not more than 15 individuals to serve as members of the Task Force from the following groups: (1) Labor organizations. (2) The motor carrier industry. (3) Consumer protection groups. (4) Safety groups. (5) Members of the legal profession who specialize in consumer finance issues. (c) Duties.--The Task Force shall examine ``lease-to-own'' agreements that commercial truck drivers have entered into, with a focus on-- (1) the operation of agreements that drayage drivers have entered into; and (2) such agreements at the Port of Los Angeles and the Port of Long Beach. (d) Powers.--The Task Force may conduct site visits and field hearings, as necessary, to assist its efforts. (e) Report.-- (1) In general.--The Task Force shall create a report containing the following: (A) The impact of truck leasing agreements on the take-home pay of truck drivers. (B) Whether the truck leasing agreements comply with applicable local, State, and Federal law. (C) Whether the Task Force determines that legislation is necessary to protect the ability of truck drivers to earn a living wage and, if so, recommendations on such legislation. (D) Whether the Task Force determines that changes in regulations are necessary to protect the ability of truck drivers to earn a living wage and, if so, recommendations to the Secretary of Transportation and the Secretary of Labor on such changes. (2) Submission.--Not later than 1 year after the date on which the Task Force is established pursuant to subsection (a), the report created pursuant to paragraph (1) shall be submitted to-- (A) the House Transportation and Infrastructure Committee; (B) the House Education and the Workforce Committee; (C) the Senate Committee on Commerce, Science, and Transportation; and (D) the Senate Committee on Health, Education, Labor, and Pensions. (f) Termination.--Not later than 1 month after the date of submission of the report pursuant to subsection (e), the Task Force shall terminate.
Port Drivers' Bill of Rights Act of 2017 This bill requires the Department of Transportation to establish a Truck Leasing Task Force to examine lease-to-own agreements entered into by commercial truck drivers. The task force must focus on: (1) the operation of agreements that drayage drivers have entered into, and (2) such agreements at the Port of Los Angeles and the Port of Long Beach. Additionally, the task force must create and submit a report to Congress on its findings.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Yerington Land Conveyance and Sustainable Development Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the city of Yerington, Nevada, which has an unemployment rate of 16 percent, has the highest unemployment rate in the State of Nevada; (2) for over 4 years, the city of Yerington and Lyon County, Nevada, have been working with private business partners to develop a sustainable development plan that would enable all parties to benefit from the use of private land adjacent to the city of Yerington for potential commercial and industrial development, mining activities, recreation opportunities, and the expansion of community and cultural events; (3) the sustainable development plan referred to in paragraph (2) requires the conveyance of certain Federal land administered by the Bureau of Land Management to the City for consideration in an amount equal to the fair market value of the Federal land; (4) the Federal land to be conveyed to the City under the sustainable development plan has very few environmental, historical, wildlife, or cultural resources of value to the public, but is appropriate for responsible development; (5) the Federal land that would be conveyed to the City under the sustainable development plan-- (A) is adjacent to the boundaries of the City; and (B) would be used-- (i) to enhance recreational, cultural, commercial, and industrial development opportunities in the City; (ii) for future economic development, regional use, and as an open space buffer to the City; and (iii) to allow the City to provide critical infrastructure services; (6) commercial and industrial development of the Federal land would enable the community to benefit from the transportation, power, and water infrastructure that would be put in place with the concurrent development of commercial and industrial operations; (7) the conveyance of the Federal land would-- (A) help the City and County to grow; and (B) provide additional tax revenue to the City and County; (8) industrial and commercial development of the Federal land would create thousands of long-term, high-paying jobs for the City and County; and (9) the Lyon County Commission and the City unanimously approved resolutions in support of the conveyance of the Federal land because the conveyance would facilitate a sustainable model for long-term economic and industrial development. SEC. 3. DEFINITIONS. In this title: (1) City.--The term ``City'' means the city of Yerington, Nevada. (2) Federal land.--The term ``Federal land'' means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as ``City of Yerington Sustainable Development Conveyance Lands''. (3) Map.--The term ``map'' means the map entitled ``Yerington Land Conveyance and Sustainable Development Act'' and dated May 31, 2012. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. CONVEYANCES OF LAND TO CITY OF YERINGTON, NEVADA. (a) In General.--Not later than 90 days after the date of enactment of this title, subject to valid existing rights, and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), the Secretary shall convey to the City, subject to the City's agreement and in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to the Federal land identified on the map. (b) Appraisal To Determine of Fair Market Value.--The Secretary shall determine the fair market value of the Federal land to be conveyed-- (1) in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including-- (A) the Uniform Appraisal Standards for Federal Land Acquisition; and (B) the Uniform Standards of Professional Appraisal Practice. (c) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Applicable Law.--Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (e) Administrative Costs.--The City shall be responsible for all survey, appraisal, and other administrative costs associated with the conveyance of the Federal land to the City under this title. SEC. 5. RELEASE OF THE UNITED STATES. Upon making the conveyance under section 4, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal Land in existence on or before the date of the conveyance.
Yerington Land Conveyance and Sustainable Development Act - Directs the Secretary of the Interior to convey to the city of Yerington, Nevada, all interest of the United States in the federal lands located in Lyon and Mineral Counties, Nevada, identified as "City of Yerington Sustainable Development Conveyance Lands" in exchange for consideration in an amount that is equal to their fair market value. Makes the city of Yerington responsible for all survey, appraisal, and other administrative costs associated with the conveyance of such lands. Releases the United States, upon such conveyance, from liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative thereof), solid waste, mine materials, or mining- related features on the federal land in existence on or before the date of the conveyance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Nanotechnology Innovation and Prize Competition Act of 2008''. SEC. 2. NANOTECHNOLOGY AWARD PROGRAM. (a) Program Established.--The Secretary of Commerce shall establish a program to award prizes to eligible persons described in subsection (b) for achievement in 1 or more of the following applications of nanotechnology: (1) Improvement of the environment, consistent with the Twelve Principles of Green Chemistry of the Environmental Protection Agency. (2) Development of alternative energy that has the potential to lessen the dependence of the United States on fossil fuels. (3) Improvement of human health, consistent with regulations promulgated by the Food and Drug Administration of the Department of Health and Human Services. (4) Development of consumer products. (5) Advancement in the field of nanoelectronics. (b) Eligible Person.--An eligible person described in this subsection is-- (1) an individual who is-- (A) a citizen or legal resident of the United States; or (B) a member of a group that includes citizens or legal residents of the United States; or (2) an entity that is incorporated and maintains its primary place of business in the United States. (c) Establishment of Board.-- (1) In general.--The Secretary of Commerce shall establish a board to administer the program established under subsection (a). (2) Membership.--The board shall be composed of not less than 15 and not more than 21 members appointed by the President, of whom-- (A) not less than 1 shall-- (i) be a representative of the interests of academic, business, and nonprofit organizations; and (ii) have expertise in-- (I) the field of nanotechnology; or (II) administering award competitions; and (B) not less than 1 shall be from each of-- (i) the Department of Energy; (ii) the Environmental Protection Agency; (iii) the Food and Drug Administration of the Department of Health and Human Services; (iv) the National Institutes of Health of the Department of Health and Human Services; (v) the National Institute for Occupational Safety and Health of the Department of Health and Human Services; (vi) the National Institute of Standards and Technology of the Department of Commerce; and (vii) the National Science Foundation. (d) Awards.--The board established under subsection (c) shall make awards under the program established under subsection (a) as follows: (1) Financial prize.--The board may hold a financial award competition and award a financial award in an amount determined before the commencement of the competition to the first competitor to meet such criteria as the board shall establish. (2) Recognition prize.--The board may recognize an eligible person for superlative achievement in 1 or more nanotechnology applications described in subsection (a). The award shall not include any financial remuneration. (e) Administration.-- (1) Contracting.--The board established under subsection (c) may contract with a private organization to administer a financial award competition described in subsection (d)(1). (2) Solicitation of funds.--A member of the board or any administering organization with which the board has a contract under paragraph (1) may solicit funds from a private person to be used for a financial award under subsection (d)(1). (3) Limitation on participation of donors.--The board may allow a donor who is a private person described in paragraph (2) to participate in the determination of criteria for an award under subsection (d), but such donor may not solely determine the criteria for such award. (4) No advantage for donation.--A donor who is a private person described in paragraph (2) shall not be entitled to any special consideration or advantage with respect to participation in a financial award competition under subsection (d)(1). (f) Intellectual Property.--The Federal Government may not acquire an intellectual property right in any product or idea by virtue of the submission of such product or idea in any competition under subsection (d)(1). (g) Liability.--The board established under subsection (c) may require a competitor in a financial award competition under subsection (d)(1) to waive liability against the Federal Government for injuries and damages that result from participation in such competition. (h) Annual Report.--Each year, the board established under subsection (c) shall submit to Congress a report on the program established under subsection (a). (i) Authorization of Appropriations.--There are authorized to be appropriated sums for the program established under subsection (a) as follows: (1) For administration of prize competitions under subsection (d), $750,000 for each fiscal year. (2) For the awarding of a financial prize award under subsection (d)(1), in addition to any amounts received under subsection (e)(2), $2,000,000 for each fiscal year.
Nanotechnology Innovation and Prize Competition Act of 2008 - Directs the Secretary of Commerce to establish a program to award prizes to eligible persons for achievement in one or more applications of nanotechnology for: (1) improvement of the environment, consistent with Twelve Principles of Green Chemistry of the Environmental Protection Agency (EPA); (2) development of alternative energy that has the potential to lessen the dependence of the United States on fossil fuels; (3) improvement of human health, consistent with regulations promulgated by the Food and Drug Administration (FDA); (4) development of consumer products; and (5) advancement in the field of nanoelectronics. Describes an eligible person as an individual who is: (1) a citizen or legal resident of the United States; (2) a member of a group that includes U.S. citizens or legal residents; or (3) an entity that is incorporated and maintains its primary place of business in the United States. Requires establishment of a board to administer and make awards under such program by: (1) holding a financial award competition and making an award to the first competitor to meet such criteria as the board shall establish; and (2) recognizing (without financial remuneration) an eligible person for superlative achievement in one or more of the nanotechnology applications described above. Authorizes the board to contract with a private organization to administer such a financial award competition. Prohibits the federal government from acquiring an intellectual property right in any product or idea by virtue of the submission of such product or idea in any such competition. Requires the board to submit annual reports to Congress on the nanotechnology award program established by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Act of 2000''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, orangutan, and gibbon are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, live capture, and exposure to emerging or introduced diseases; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; (7) although subsistence hunting of tropical forest animals has occurred for hundreds of years at a sustainable level, the tremendous increase in the commercial trade of tropical forest species is detrimental to the future of these species; and (8) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector. (b) Purposes.--The purposes of this Act are-- (1) to sustain viable populations of great apes in the wild; and (2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. SEC. 3. DEFINITIONS. In this Act: (1) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (2) Conservation.--The term ``conservation''-- (A) means the use of methods and procedures necessary to prevent the diminution of, and to sustain viable populations of, a species; and (B) includes all activities associated with wildlife management, such as-- (i) conservation, protection, restoration, acquisition, and management of habitat; (ii) in-situ research and monitoring of populations and habitats; (iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource management; (vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals; (vii) training of local law enforcement officials in the interdiction and prevention of the illegal killing of great apes; (viii) programs for the rehabilitation of members of a species in the wild and release of the members into the wild in ways which do not threaten existing wildlife populations by causing displacement or the introduction of disease; (ix) conflict resolution initiatives; (x) community outreach and education; and (xi) strengthening the capacity of local communities to implement conservation programs. (3) Fund.--The term ``Fund'' means the Great Ape Conservation Fund established by section 5. (4) Great ape.--The term ``great ape'' means a chimpanzee, gorilla, bonobo, orangutan, or gibbon. (5) Multinational species conservation fund.--The term ``Multinational Species Conservation Fund'' means such fund as established in title I of the Department of the Interior and Related Agencies Appropriations Act, 1999, under the heading ``multinational species conservation fund''. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT APE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great apes may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if the activities of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the demonstrated expertise required for the conservation of great apes. (2) Required elements.--A project proposal shall include-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to other appropriate Federal officials; and (B) review each project proposal in a timely manner to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with other appropriate Federal officials, shall-- (A) consult on the proposal with the government of each country in which the project is to be conducted; (B) after taking into consideration any comments resulting from the consultation, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, other appropriate Federal officials, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will enhance programs for conservation of great apes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great apes that arise from competition for the same habitat; (3) enhance compliance with CITES and other applicable laws that prohibit or regulate the taking or trade of great apes or regulate the use and management of great ape habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great ape habitat; (B) great ape population numbers and trends; or (C) the current and projected threats to the habitat, current and projected numbers, or current and projected trends; or (5) promote cooperative projects on the issues described in paragraph (4) among government entities, affected local communities, nongovernmental organizations, or other persons in the private sector. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great apes and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with other appropriate government officials, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding.--Amounts provided as a grant under this Act-- (1) may not be used for captive breeding of great apes other than for captive breeding for release into the wild; and (2) may be used for captive breeding of a species for release into the wild only if no other conservation method for the species is biologically feasible. (i) Panel.--Every 2 years, the Secretary shall convene a panel of experts to identify the greatest needs for the conservation of great apes. SEC. 5. GREAT APE CONSERVATION FUND. (a) Establishment.--There is established in the Multinational Species Conservation Fund a separate account to be known as the ``Great Ape Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--Of the amounts in the account available for each fiscal year, the Secretary may expand not more than 3 percent, or up to $80,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2001 through 2005. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Allows a project proposal to be submitted by: (1) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if such authority's activities affect a great ape population; (2) the Convention on International Trade in Endangered Species of Wild Fauna and Flora Secretariat; or (3) any person or group with the demonstrated expertise required for the conservation of such apes. Sets forth requirements for project elements, review, approval, and reporting. States that grant amounts may not be used for captive breeding of such apes other than for captive breeding for release into the wild if no other conservation method for the species is biologically feasible. Directs the Secretary to convene a panel of experts every two years to identify the greatest needs for the conservation of great apes. Authorizes appropriations.
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SECTION 1. ALTERNATIVE PENALTY PROCEDURE FOR CHILD SUPPORT DATA PROCESSING REQUIREMENTS. (a) In General.--Section 455(a) of the Social Security Act (42 U.S.C. 655(a)) is amended by adding at the end the following: ``(4)(A) If-- ``(i) the Secretary determines that a State plan under section 454 would (in the absence of this paragraph) be disapproved for the failure of the State to comply with section 454(24)(A), and that the State has made and is continuing to make a good faith effort to so comply; and ``(ii) the State has submitted to the Secretary a corrective compliance plan that describes how, by when, and at what cost the State will achieve such compliance, which has been approved by the Secretary, then the Secretary shall not disapprove the State plan under section 454, and the Secretary shall reduce the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the fiscal year by the penalty amount. ``(B) In this paragraph: ``(i) The term `penalty amount' means, with respect to a failure of a State to comply with section 454(24)-- ``(I) 4 percent of the penalty base, in the case of the 1st fiscal year in which such a failure by the State occurs; ``(II) 8 percent of the penalty base, in the case of the 2nd such fiscal year; ``(III) 16 percent of the penalty base, in the case of the 3rd such fiscal year; or ``(IV) 20 percent of the penalty base, in the case of the 4th or any subsequent such fiscal year. ``(ii) The term `penalty base' means, with respect to a failure of a State to comply with section 454(24) during a fiscal year, the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the preceding fiscal year, minus the applicable share of such amount which would otherwise be payable to any county to which the Secretary granted a waiver under the Family Support Act of 1988 (Public Law 100-485; 102 Stat. 2343) for 90 percent enhanced Federal funding to develop an automated data processing and information retrieval system provided that such system was implemented prior to October 1, 1997. ``(C)(i) The Secretary shall waive a penalty under this paragraph for any failure of a State to comply with section 454(24)(A) during fiscal year 1998 if-- ``(I) by December 31, 1997, the State has submitted to the Secretary a request that the Secretary certify the State as having met the requirements of such section; ``(II) the Secretary has provided the certification as a result of a review conducted pursuant to the request; and ``(III) the State has not failed such a review. ``(ii) If a State with respect to which a reduction is made under this paragraph for a fiscal year achieves compliance with section 454(24)(A) by the beginning of the succeeding fiscal year, the Secretary shall increase the amount otherwise payable to the State under paragraph (1)(A) of this subsection for the succeeding fiscal year by an amount equal to 75 percent of the reduction for the fiscal year. ``(D) The preceding provisions of this paragraph (except for subparagraph (C)(i)) shall apply, separately and independently, to a failure to comply with section 454(24)(B) in the same manner in which the preceding provisions apply to a failure to comply with section 454(24)(A).''. (b) Inapplicability of Penalty Under TANF Program.--Section 409(a)(8)(A)(i)(III) of such Act (42 U.S.C. 609(a)(8)(A)(i)(III)) is amended by inserting ``(other than section 454(24))'' before the semicolon. SEC. 2. AUTHORITY TO WAIVE SINGLE STATEWIDE AUTOMATED DATA PROCESSING AND INFORMATION RETRIEVAL SYSTEM REQUIREMENT. (a) In General.--Section 452(d)(3) of the Social Security Act (42 U.S.C. 652(d)(3)) is amended to read as follows: ``(3) The Secretary may waive any requirement of paragraph (1) or any condition specified under section 454(16), and shall waive the single statewide system requirement under sections 454(16) and 454A, with respect to a State if-- ``(A) the State demonstrates to the satisfaction of the Secretary that the State has or can develop an alternative system or systems that enable the State-- ``(i) for purposes of section 409(a)(8), to achieve the paternity establishment percentages (as defined in section 452(g)(2)) and other performance measures that may be established by the Secretary; ``(ii) to submit data under section 454(15)(B) that is complete and reliable; ``(iii) to substantially comply with the requirements of this part; and ``(iv) in the case of a request to waive the single statewide system requirement, to-- ``(I) meet all functional requirements of sections 454(16) and 454A; ``(II) ensure that the calculation of distribution of collected support is according to the requirements of section 457; ``(III) ensure that there is only 1 point of contact in the State for all interstate case processing and coordinated intrastate case management; ``(IV) ensure that standardized data elements, forms, and definitions are used throughout the State; and ``(V) complete the alternative system in no more time than it would take to complete a single statewide system that meets such requirement; ``(B)(i) the waiver meets the criteria of paragraphs (1), (2), and (3) of section 1115(c); or ``(ii) the State provides assurances to the Secretary that steps will be taken to otherwise improve the State's child support enforcement program; and ``(C) in the case of a request to waive the single statewide system requirement, the State has submitted to the Secretary separate estimates of the total cost of a single statewide system that meets such requirement, and of any such alternative system or systems, which shall include estimates of the cost of developing and completing the system and of operating the system for 5 years, and the Secretary has agreed with the estimates.''. (b) Payments to States.--Section 455(a)(1) of such Act (42 U.S.C. 655(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by striking the semicolon at the end of subparagraph (C) and inserting ``, and''; and (3) by inserting after subparagraph (C) the following: ``(D) equal to 66 percent of the sums expended by the State during the quarter for an alternative statewide system for which a waiver has been granted under section 452(d)(3), but only to the extent that the total of the sums so expended by the State on or after the date of the enactment of this subparagraph does not exceed the least total cost estimate submitted by the State pursuant to section 452(d)(3)(C) in the request for the waiver.''.
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to prescribe alternative penalty reductions in its Federal payments for a State that would otherwise have its child support data processing system plan disapproved for noncompliance, if it has an approved corrective compliance plan and makes a good faith effort to comply with the requirements for such a system. Instructs the Secretary of Health and Human Services to waive the noncompliance penalty during FY 1998 for any State which meets certain criteria. Authorizes the Secretary to waive the single statewide automated data processing and information retrieval system requirement if a State demonstrates that it has or can develop an alternative system or systems that meet specified requirements.
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SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The development of new and innovative environmental technologies, including technologies for monitoring environmental compliance, has been identified as a priority by the United States Environmental Protection Agency. (2) Current Agency environmental monitoring requirements typically specify the use of a particular prescriptive analytical method that must be precisely followed, including the use of specific procedures and instrumentation. The codification of environmental monitoring methods in this manner hampers innovation because of the time-consuming and labor- intensive requirements for revising regulations and written methods. (3) Regulations can encourage the diffusion of innovative and pollution preventing technologies if they are cast in terms that specify performance in terms of data quality objectives, rather than technology or method. (4) The Agency is evaluating the barriers to the introduction of new and innovative environmental monitoring technologies and the option of converting from the current prescriptive analytical methods approach to performance-based monitoring methods. (5) The Agency has established no internal deadline for completing its review of the possibility of converting to performance-based monitoring methods. (6) The Agency lacks a mechanism for facilitating effective communication with Industry on the direction of environmental monitoring methods, technologies, and markets, and Agency regulations affecting them. (7) The market for environmental monitoring products and services is one of the most attractive arenas of the United States Government to enhance our international competitiveness and export performance, and the analytical method used in environmental monitoring are critical to this effort. (8) The Agency should foster efforts by the scientific community to develop environmental monitoring methods which improve environmental quality and which also improve the competitiveness of United States firms in the domestic and international marketplace. (9) The current Agency requirement that prescriptive analytical methods be used hinders the introduction of environmental monitoring methods and technologies with comparable or improved capabilities, and which may also be more cost effective. (b) Purposes.--The purposes of this Act are to-- (1) spur the development, introduction, and use of new and innovative environmental monitoring technologies, (2) encourage the development and use of new environmental monitoring technologies through the conversion of the Agency's prescriptive analytical methods to performance-based monitoring methods, (3) establish a date certain by which the Environmental Protection Agency must complete the development of performance- based monitoring methods and a process for implementation within all Agency program and administrative offices to cover all media and multimedia methods, (4) promote and encourage participation and representation among all interested parties during this process, and (5) establish a date certain by which the Agency will develop a plan for guidance, implementation, and acceptance of performance-based monitoring methods by all Environmental Protection Agency regions, program offices, and States. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Agency'' means the United States Environmental Protection Agency. (2) The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (3) The term ``environmental monitoring methods'' means procedures or techniques associated with the performance, technical capability, or environmental impact of an analytical method. (4) The term ``Industry'' means members of the United States environmental monitoring technology industry and laboratories performing environmental testing. (5) The term ``performance-based monitoring method'' means a requirement that imposes legal accountability for the achievement of specific data quality assurance objectives, without prescribing the particular procedures, techniques, or instrumentation for achieving such objectives. SEC. 3. THE PERFORMANCE-BASED MONITORING METHODS ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish the Performance-Based Monitoring Methods Advisory Committee no less than 90 days after the effective date of this Act. (b) Purpose.--The Performance-Based Monitoring Methods Advisory Committee shall-- (1) advise the Administrator on Agency policies, regulations, standards, and procedures that are barriers to the development and acceptance of performance-based monitoring technologies, (2) assist the Administrator to develop and submit to Congress the report required by section 4 of this Act, (3) assist the Administrator to ensure that data quality objectives are uniform to facilitate the development and acceptance of performance-based monitoring methods under section 5 of this Act, (4) assist the Administrator to develop a process for the acceptance of performance-based monitoring methods, including the exploration of the use of self-certification, third-party certification, or lab accreditation. Nothing in this Act shall be construed as authorizing the Agency to approve individual performance-based monitoring methods, (5) assist the Administrator to develop a plan for guidance, implementation, and acceptance of performance-based monitoring methods by all Agency regions, program offices, and States, and (6) recommend to the Administrator such changes to Agency policies, regulations, standards, and procedures that could stimulate the development and use of new or innovative environmental monitoring technologies. (c) Membership.--The Performance-Based Monitoring Methods Advisory Committee shall be comprised of 12 members selected for appointment so as to provide as nearly as practicable a broad and balanced representation of interested parties, including United States Environmental Protection Agency program and regional offices, the analytical instruments industry, environmental testing laboratories, representatives from State regulatory agencies, public interest groups, and professional or technical societies. (d) Committee Input.--Prior to initiating each of the activities described in sections 4 through 6 of this Act, the Administrator shall convene a meeting of the Performance-Based Monitoring Methods Advisory Committee for the purpose of seeking advice and recommendations. (e) Duration.--Section 14 of the Federal Advisory Committee Act shall not apply with respect to the duration of the advisory committee established under this section. (f) Duties.--The Performance-Based Monitoring Methods Advisory Committee shall convene at least twice a year, and may meet at additional times as required by the Administrator. The Performance- Based Monitoring Methods Advisory Committee shall submit to the Administrator such recommendations as it believes are consistent with its purposes. The Administrator shall make available to the Performance-Based Monitoring Methods Advisory Committee such staff as are necessary to carry out the purposes of this Act. SEC. 4. REPORT TO CONGRESS. (a) Goal.--No later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report which shall include a plan to establish a performance-based monitoring methods approval process. (b) System.--The report submitted under this section shall be consistent with the provisions of section 5 of this Act. (c) Delivery.--The report shall be transmitted to the appropriate House and Senate committees. SEC. 5. PERFORMANCE-BASED MONITORING METHODS. (a) Establishment.--(1) No later than 2 years after the date of enactment of this Act, the Administrator shall establish a performance- based monitoring methods approval process to be used uniformly in all environmental programs for purposes of monitoring compliance with environmental laws and permits. (2) Notwithstanding the adoption of a performance-based monitoring methods approval process, approved analytical methods existing at the time of enactment of this Act shall be deemed acceptable to the Environmental Protection Agency, until such time the Administrator determines that such existing methods are no longer acceptable. (b) Authority.--Nothing in this Act shall be construed to permit the Agency to devise or endorse a process that permits or requires the rating or evaluation of one technology or instrument over another. Nothing in this Act shall be construed as requiring the approval of an environmental technology or instrument. (c) Use.--The Administrator shall require that either the performance-based methods that are approved pursuant to this section or existing analytical methods be used in monitoring environmental compliance and for other purposes, as appropriate. Regulatory acceptance of a performance-based method shall be determined by compliance with the data quality objectives established by the Environmental Protection Agency. (d) Status.--Performance-based monitoring methods approved pursuant to this section shall be deemed to be equivalent to existing Environmental Protection Agency methods for purposes of compliance with all applicable environmental statutes and regulations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Limitation on Appropriations.--No more funds may be appropriated to carry out the purposes of this Act than the amounts set forth in subsection (b). This Act shall be the exclusive source of authorization of appropriations to support any activities under this Act. (b) Appropriations.--There are authorized to be appropriated to the Administrator for carrying out the purposes of this Act such sums as shall be necessary.
Directs the Administrator of the Environmental Protection Agency to establish the Performance-Based Monitoring Methods Advisory Committee to: (1) advise the Administrator on performance-based monitoring technologies; and (2) assist the Administrator in the development of a process and a plan for the acceptance of performance-based monitoring methods. Requires, no later than two years after enactment of this Act, that the Administrator establish a performance-based monitoring methods approval process to be used uniformly in all environmental programs for purposes of monitoring compliance with environmental laws and permits. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``End Radon in Schools Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--Subject to the availability of appropriations to carry out this Act, not later than 1 year after the date that Federal funds are first appropriated for this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, shall establish a program under which the Administrator may award grants to States to conduct short-term radon testing to identify and mitigate unsafe radon levels in public schools. (b) Guidelines.--Not later than 1 year after the date of enactment of this Act, the Administrator shall review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in a public school. SEC. 3. GRANT AWARDS. In carrying out the program under this Act, the Administrator shall-- (1) provide a grant award for each State selected to receive a grant under this Act to complete the testing under section 5(b); (2) in the case of a State that submits a report and is required to conduct mitigation under section 5(c)(1)-- (A) provide an additional grant award for the State to conduct such mitigation under such subparagraph (A) of such section; or (B) conduct such mitigation under subparagraph (B) of such section; and (3) in the case of a State that submits a report and is required to conduct reevaluation under section 5(d), provide an additional grant award for the State to complete the reevaluation. SEC. 4. APPLICATION; PRIORITY. (a) Application.--To be eligible to receive a grant under this Act, a State shall submit an application to the Administrator in such manner, at such time, and containing such information as the Administrator may require, including a certification that the grant funds will be used to-- (1) test the radon levels in public schools pursuant to section 5(b); and (2) mitigate the effects of unsafe radon levels in public schools pursuant to section 5(c), determined by the test under paragraph (1). (b) Priority.--In awarding grants to States under this Act, the Administrator shall-- (1) determine the priority of grant awards by ranking each State that submits an application in relation to each other such State; and (2) in ranking States under paragraph (1)-- (A) assign highest priority to a State with 100 percent of such State's landmass in Radon Zone 1; (B) in a case in which multiple States have 100 percent of such States' landmasses in Radon Zone 1, assign priority among such States at the Administrator's discretion; (C) assign second highest priority to a State with at least 50 percent of such State's landmass in Radon Zone 1; (D) in a case in which multiple States have at least 50 percent of such States' landmasses in Radon Zone 1, assign priority among such States at the Administrator's discretion; and (E) in a case in which a State has less than 50 percent of such State's landmass in Radon Zone 1, assign priority to such State at the Administrator's discretion. SEC. 5. USE OF FUNDS. (a) In General.--A State that receives a grant under this Act shall-- (1) follow the Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) test radon levels in each public school pursuant to subsection (b); (3) if necessary, mitigate unsafe radon levels pursuant to subsection (c); and (4) if necessary, reevaluate mitigation pursuant to subsection (d). (b) Testing.--A State that receives a grant under this Act shall-- (1) conduct testing in each public school in such State consistent with the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) submit a report to the Administrator-- (A) describing the results of each test conducted pursuant to paragraph (1); and (B) if necessary, estimating the funds necessary to conduct an additional short-term test under paragraph (3); and (3) in the case of a school that should have additional testing, according to initial testing conducted under paragraph (1), conduct such follow-up testing consistent with the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b). (c) Mitigation.-- (1) In general.--In the case of a public school at which testing conducted under paragraphs (1) and (3) of subsection (b) met the recommendations for mitigation in the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b)-- (A) if the State's report under paragraph (2) includes the certification described in paragraph (2)(A), the State shall mitigate the radon level at the public school by providing funds to the local educational agency serving such school to enable the agency to carry out the mitigation described in paragraph (3); or (B) if the State's report under paragraph (2) does not include such certification, the Administrator shall carry out the mitigation described in paragraph (3), directly or by contract funded under this grant program. (2) Certification; reporting.--A State that receives a grant under this Act shall-- (A) if necessary, seek certification from each local educational agency that serves each public school described in paragraph (1) that such agency will, if provided funding pursuant to section 3(2)(A), complete the actions described in paragraph (3); and (B) submit a report to the Administrator that-- (i) in the case in which a local educational agency provides certification to the State under subparagraph (A), includes such certification; (ii) describes the results of each test at such public school conducted under subsection (b); and (iii) if necessary, estimates the funds necessary to conduct mitigation at such public school pursuant to paragraph (3). (3) Mitigation requirements.--In mitigating the radon levels at public schools, the Administrator or a local educational agency, as appropriate, shall-- (A) work with a qualified radon mitigation professional to determine the most effective way to mitigate the radon at the public school; (B) create a mitigation plan within 3 months after the completion of the testing under subsection (b); (C) designate a mitigation unit and implement the mitigation plan under subparagraph (B) within one year after completion of the testing under subsection (b); (D) conduct a short-term test not less than once every two years; and (E) if necessary, conduct the reevaluation under subsection (d). (d) Reevaluation.--If the follow-up testing under subsection (c)(3)(D) conducted after the mitigation plan is implemented results in a radon level that is still meeting the recommendations for mitigation in the Administrator's Radon Measurements In Schools Guidelines updated pursuant to section 2(b), the local educational agency that serves the school shall-- (1) reevaluate the mitigation plan under subsection (c)(3)(B) in consultation with a qualified radon mitigation professional; (2) create an alternative mitigation plan to replace the mitigation plan; (3) submit a report to the Administrator-- (A) describing the results of such annual test; and (B) estimating the funds necessary to conduct reevaluation under this subsection; and (4) direct the mitigation unit to implement an alternative mitigation plan under subsection (c)(3) within 6 months after the date of the follow-up test. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Local educational agency.--The term ``local educational agency'' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Mitigation plan.--The term ``mitigation plan'' means the plan to mitigate radon created by the qualified radon mitigation professional in consultation with the local educational agency under section 5(c)(3)(B). (4) Mitigation unit.--The term ``mitigation unit'' means the individuals designated under section 5(c)(3)(C) by the local educational agency to implement the mitigation plan. (5) Public school.--The term ``public school'' has the meaning given that term in section 5145 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7217d). (6) Qualified radon mitigation professional.--The term ``qualified radon mitigation professional'' means an individual-- (A) licensed, certified, registered, or qualified by a State radon program to mitigate radon; (B) certified by a national radon professional organization; or (C) approved by the Administrator to mitigate radon. (7) Radon measurements in schools guidelines.--The term ``Radon Measurements In Schools Guidelines'' means the report entitled ``Radon Measurements In Schools'' produced by the Administrator in July 1993, describing current information and guidance on radon testing in a public school. (8) Radon zone 1.--The term ``Radon Zone 1'' means those areas with a predicted average indoor radon screening level greater than 4 picocuries per liter. (9) Secretary.--The term ``Secretary'' means the Secretary of Education. (10) Short-term test.--The term ``short-term test'' means a test approved by the Administrator in which a testing device remains in an area for not less than 2 days and not more than 90 days to determine the amount of radon in the air that is acceptable for human inhalation. (11) State.--The term ``State'' means each of the several States of the United States and the District of Columbia.
End Radon in Schools Act - Directs the Administrator of the Environmental Protection Agency (EPA) to review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in public elementary and secondary schools. Directs the Administrator, subject to the availability of appropriations, to award grants to states to: (1) follow the updated Guidelines, (2) test radon levels in their public elementary and secondary schools, and (3) provide funds to their local educational agencies (LEAs) to mitigate and re-test radon levels in schools found to have radon levels that the updated Guidelines deem unsafe. Requires the Administrator to conduct such mitigation directly or by contract if an LEA does not certify to its state that it will use grant funds to mitigate unsafe radon levels at its schools. Gives highest grant priority to states whose total landmass lies in Radon Zone 1 and second highest priority to states with at least 50% of their landmass in Radon Zone 1. Defines "Radon Zone 1" as areas that have a predicted average indoor radon screening level greater than four picocuries per liter.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Checkoff for Charity Act of 1999''. TITLE I--CHECKOFF FOR CHARITY SEC. 101. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR CHARITY ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--In the case of an individual, with respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) a specified portion (but not less than $1) of any overpayment of tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, shall be paid to an eligible organization, or for such use as is otherwise provided, under title II of the Checkoff for Charity Act of 1999. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made in such manner as the Secretary prescribes by regulations except that such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Overpayments Treated as Refunded.--For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of overpayments and contributions for charity.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 102. CHECKOFF FOR CHARITIES TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following new section: ``SEC. 9511. CHECKOFF FOR CHARITIES TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Checkoff for Charities Trust Fund', consisting of such amounts as may be appropriated or credited to the Checkoff for Charities Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Checkoff for Charities Trust Fund of Amounts Designated.--There is hereby appropriated to the Checkoff for Charities Trust Fund amounts equivalent to the amounts designated under section 6097 and received in the Treasury. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--The Secretary shall pay, not less often than quarterly, to the Checkoff for Charities Commission from the Checkoff for Charities Trust Fund an amount equal to the amount in such Fund as of the time of such payment less any administrative expenses of the Secretary which may be paid under paragraph (2). Amounts paid under this subsection shall be available only as provided in section 202 of the Checkoff for Charity Act of 1998. ``(2) Administrative expenses.--Amounts in the Checkoff for Charities Trust Fund shall be available to pay the administrative expenses of the Secretary of the Treasury directly allocable to-- ``(A) modifying the individual income tax return forms to carry out section 6097, ``(B) carrying out this chapter with respect to such Fund, and ``(C) processing amounts received under section 6097 and transferring such amounts to such Fund.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9511. Checkoff for Charities Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act. TITLE II--CHECKOFF FOR CHARITY COMMISSION SEC. 201. ESTABLISHMENT. There is established in the Department of Commerce a commission to be known as the ``Checkoff for Charity Commission'' (hereafter in this title referred to as the ``Commission''). SEC. 202. DUTIES. (a) In General.--The Commission, in consultation with the Secretary of the Treasury, shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on returns of individual income tax. Such arrangements shall-- (1) to the extent practicable, be similar to arrangements made by the Office of Personnel Management with respect to the annual Combined Federal Campaign; and (2) be limited to the types of organizations specified in Executive Order 12353 (March 23, 1982), as amended by Executive Order 12404 (February 10, 1983). (b) Amounts Designated for Specific Organizations.--The Commission shall ensure that amounts designated on a return of tax for a specific organization are paid to that organization not later than 90 days after the date on which the Commission receives such designation. (c) Amounts Not Designated for Specific Organizations.-- (1) In general.--In the case of amounts designated as a contribution on a return of tax but not designated for a specific organization the Commission-- (A) may retain and use not more than one percent of such amounts to carry out this Act, and (B) from the excess of the aggregate of such amounts for a year over the amount retained under paragraph (1), shall determine which of the organizations eligible to receive designations for a year under subsection (a) will receive all or a portion of such contribution. (2) Criteria for selecting organizations.--In carrying out paragraph (1)(B), the Commission shall use the criteria set forth in Executive Order 12353 (March 23, 1982), as amended by Executive Order 12404 (February 10, 1983). SEC. 203. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed by the President from individuals who are not officers or employees of any organization that receives funding pursuant to this Act. Members on the Commission shall be broadly representative of the ethnic, religious, majority, and minority groups comprising the United States. (b) Waiver of Limitation on Executive Schedule Positions.-- Appointments may be made under this section without regard to section 5311(b) of title 5, United States Code. (c) Political Affiliation.--Not more than 8 members appointed may be of the same political party. (d) Terms.-- (1) In general.--Each member shall be appointed for a term of six years, except as provided in paragraphs (2) and (3). (2) Terms of initial appointees.--As designated by the President at the time of appointment, of the members first appointed-- (A) five shall be appointed for terms of two years; (B) five shall be appointed for terms of four years; and (C) five shall be appointed for terms of six years. (3) Vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (e) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall serve without pay. (2) Prohibition of compensation of federal employees.-- Members of the Commission who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Commission. (f) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--Eight members of the Commission shall constitute a quorum but a lesser number may hold hearings. (h) Chairman; Vice Chairman.--The Chairman and Vice Chairman of the Commission shall be designated by the President at the time of the appointment. The term of office of the Chairman shall be three years. (i) Meetings.--The Commission shall meet at the call of the Chairman or a majority of its members. SEC. 204. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Director.--The Commission shall, without regard to section 5311(b) of title 5, United States Code, have a Director who shall be appointed by Commission. The Director shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule. (b) Staff.--Subject to rules prescribed by the Commission, and without regard to section 5311(b) of title 5, United States Code, the Director may appoint additional personnel as the Director considers appropriate. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Experts and Consultants.--Subject to rules prescribed by the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the rate of basic pay payable for level V of the Executive Schedule. (e) Staff of Federal Agencies.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. SEC. 205. POWERS OF COMMISSION. (a) 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. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--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 or Vice Chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Chairman. (e) 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. (f) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (g) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Commission. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. (h) Immunity.--Except as provided in this subsection, a person may not be excused from testifying or from producing evidence pursuant to a subpoena on the ground that the testimony or evidence required by the subpoena may tend to incriminate or subject that person to criminal prosecution. A person, after having claimed the privilege against self- incrimination, may not be criminally prosecuted by reason of any transaction, matter, or thing about which that person is compelled to testify or relating to which that person is compelled to produce evidence, except that the person may be prosecuted for perjury committed during the testimony or made in the evidence. (i) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for property and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). SEC. 206. ANNUAL REPORTS. The Commission shall transmit an annual report to the Secretary of Commerce and the Congress not later than December 31 of each year. Each such report shall contain a detailed statement of activities of the Commission during the fiscal year ending in the year in which such report is required to be submitted. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for each of the first two fiscal years beginning after the date of the enactment of this Act such sums as may be necessary for startup costs for the Commission to carry out this Act.
Title II: Checkoff for Charity Commission - Establishes in the Department of Commerce the Checkoff for Charity Commission which shall make arrangements for voluntary charitable, health, and welfare agencies that provide or support direct health and welfare services to individuals or their families to solicit contributions through designations made on individual tax returns. Requires annual reports from the Commission. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Corporate Welfare Reduction and Job Preservation Act of 1996''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) Corporations are subject to a tax rate of up to 34 percent or 35 percent. (2) Due to tax deductions, exclusions, and credits, the net tax liability actually paid by many corporations is far below the real rate. In fact, certain special-interest tax deductions and expenditures provide corporations with an extra $70,000,000,000 per year. Additionally, direct Government subsidies to corporations will amount to $30,000,000,000 per year. (3) Over the past several years, one of the most serious problems affecting the middle-class has been corporate downsizing. Many large, wealthy, and profitable corporations have reduced the number of their American employees by transferring those jobs to foreign countries or have reduced the number of their employees in order to realize an immediate short-term profit or increase in stock value. (4) Between April 3, 1975, and January 31, 1996, the relocation of manufacturing operations resulted in over 4,500,000 workers seeking adjustment assistance for workers under chapter 2 of title II of the Trade Act of 1974. Because many displaced workers did not seek assistance, this figure is far below the actual number of workers displaced. (5) A higher priority should be given to preserving American jobs and adding fairness to the Federal tax system by closing loopholes and eliminating unnecessary expenditures, thus providing additional funds to assist in balancing the Federal budget by 2002 while maintaining Medicare and Medicaid at acceptable levels. SEC. 3. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) In General.--Subchapter C of chapter 1 of the Internal Revenue Code of 1986 (relating to corporate distributions and adjustments) is amended by adding at the end the following new part: ``PART VII--REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE ``Sec. 386. Reduction of tax benefits for profitable large corporations which reduce workforce. ``SEC. 386. REDUCTION OF TAX BENEFITS FOR PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. ``(a) In General.--For any taxable year, if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Facility-related tax benefit.-- ``(A) In general.--The term `facility-related tax benefit' means-- ``(i) any tax benefit to the extent attributable to a facility described in subsection (a), or ``(ii) to the extent that a tax benefit is not attributable to any facility, a pro rata portion of such tax benefit (as determined under regulations prescribed by the Secretary). ``(B) Exception.--Such term shall not include-- ``(i) any deduction under section 127 or 129 or any other deduction for the cost of employee health care, child care, job training, or retraining, or ``(ii) any other tax benefit (other than wages) which the Secretary determines by regulation to be a tax benefit for costs incurred primarily for the benefit of employees rather than the employer. ``(2) Large corporation.--The term `large corporation' means a corporation or partnership which is not a small- business concern (within the meaning of section 3 of the Small Business Act, as in effect on the date of the enactment of this section). ``(3) Profitable.--Any large corporation shall be treated as profitable, for any taxable year, if the sum of taxable income (if any) for the 5-taxable-year period ending with the preceding taxable year (or, if shorter, the period consisting of all preceding taxable years of such large corporation) equals or exceeds the sum of the net operating losses (if any) attributable to such period. ``(4) Related persons.-- ``(A) In general.--All related persons shall be treated as one person. ``(B) Related persons defined.--The term `related persons' means-- ``(i) persons bearing a relationship described in section 267 or 707(b), and ``(ii) persons treated as a single employer under subsection (a) or (b) of section 52. ``(5) Tax benefit.--The term `tax benefit' means a credit, deduction, or exclusion allowable under this title.'' (b) Transmission of Data by Secretary of Labor.--The Secretary of Labor shall transmit to the Secretary of the Treasury, not less than annually, a list of corporations and partnerships described in section 386(a) of the Internal Revenue Code of 1986 (as added by this section). (c) Clerical Amendment.--The table of parts for subchapter C of chapter 1 of such Code is amended by adding at the end the following new item: ``Part VII. Reduction of tax benefits for profitable large corporations which reduce workforce.'' (d) Effective Date.--This section and the amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 4. ACCELERATION OF LOANS MADE BY CERTAIN GOVERNMENT ENTITIES AS PENALTY AGAINST PROFITABLE LARGE CORPORATIONS WHICH REDUCE WORKFORCE. (a) OPIC Loans.--Section 235 of the Foreign Assistance Act of 1961 (22 U.S.C. 2195) is amended by adding at the end the following: ``(g) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Corporation the amount of any loan made by the Corporation to the entity under section 234; ``(B) any insurance policy provided by the Corporation to the entity under such section is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Corporation may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity under such section. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Corporation at a rate of 10 percent per month.''. (b) Export-Import Bank Loans.--Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C. 635) is amended by adding at the end the following: ``(f) Limitations on Assistance to Profitable Large Corporations That Reduce Workforce.-- ``(1) In general.--If a facility-related tax benefit of an entity for a taxable year is reduced by reason of section 386(a) of the Internal Revenue Code of 1986, then-- ``(A) the entity shall immediately repay to the Bank the amount of any loan made by the Bank to the entity; ``(B) any insurance policy provided by the Bank to the entity is rescinded; and ``(C) until the Secretary of the Treasury determines that the activity on the basis of which the facility-related tax benefit of the entity was so reduced has ceased, the Bank may not, during the immediately succeeding taxable year of the entity, extend credit, participate in an extension of credit, or provide any insurance, directly to the entity. ``(2) Effect of failure to repay loan.--Interest shall accrue on any amount required by paragraph (1)(A) to be repaid to the Bank at a rate of 10 percent per month.''.
Corporate Welfare Reduction and Job Preservation Act of 1996 - Amends the Internal Revenue Code to provide that if any profitable large corporation reduces by 15 percent or more the number of employees who perform any task or function at any facility in the United States, the amount of each facility-related tax benefit shall be reduced by 50 percent. Amends the Foreign Assistance Act of 1961 and the Export-Import Bank Act of 1945 to require, if a facility-related tax benefit of an entity is reduced, the acceleration of the repayment of any loan and the termination of any insurance policy provided by certain Government entities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Aviation Administration Extension Act of 2008, Part II''. SEC. 2. EXTENSION OF TAXES FUNDING AIRPORT AND AIRWAY TRUST FUND. (a) Fuel Taxes.--Subparagraph (B) of section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (b) Ticket Taxes.-- (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such Code is amended by striking ``September 30, 2008'' and inserting ``March 31, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. SEC. 3. EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDITURE AUTHORITY. (a) In General.--Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``October 1, 2008'' and inserting ``April 1, 2009'', and (2) by inserting ``or the Federal Aviation Administration Extension Act of 2008, Part II'' before the semicolon at the end of subparagraph (A). (b) Conforming Amendment.--Paragraph (2) of section 9502(e) of such Code is amended by striking the date specified in such paragraph and inserting ``April 1, 2009''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2008. SEC. 4. EXTENSION OF AIRPORT IMPROVEMENT PROGRAM. (a) Authorization of Appropriations.-- (1) In general.--Section 48103 of title 49, United States Code, is amended-- (A) by striking ``and'' at the end of paragraph (4); (B) by striking the period at the end of paragraph (5) and inserting ``; and''; and (C) by inserting after paragraph (5) the following: ``(6) $1,950,000,000 for the 6-month period beginning on October 1, 2008.''. (2) Obligation of amounts.--Sums made available pursuant to the amendment made by paragraph (1) may be obligated at any time through September 30, 2009, and shall remain available until expended. (3) Program implementation.--For purposes of calculating funding apportionments and meeting other requirements under sections 47114, 47115, 47116, and 47117 of title 49, United States Code, for the 6-month period beginning on October 1, 2008, the Administrator of the Federal Aviation Administration shall-- (A) first calculate funding apportionments on an annualized basis as if the total amount available under section 48103 of such title for fiscal year 2009 were $3,900,000,000; and (B) then reduce by 50 percent-- (i) all funding apportionments calculated under subparagraph (A); and (ii) amounts available pursuant to sections 47117(b) and 47117(f)(2) of such title. (b) Project Grant Authority.--Section 47104(c) of such title is amended by striking ``September 30, 2008,'' and inserting ``March 31, 2009,''. SEC. 5. EXTENSION OF EXPIRING AUTHORITIES. (a) Section 40117(l)(7) of title 49, United States Code, is amended by striking ``September 30, 2008.'' and inserting ``April 1, 2009.''. (b) Section 41743(e)(2) of such title is amended by striking ``2008'' and inserting ``2009''. (c) Section 44302(f)(1) of such title is amended-- (1) by striking ``November 30, 2008,'' and inserting ``March 31, 2009,''; and (2) by striking ``December 31, 2008,'' and inserting ``May 31, 2009,''. (d) Section 44303(b) of such title is amended by striking ``March 31, 2009,'' and inserting ``May 31, 2009,''. (e) Section 47107(s)(3) of such title is amended by striking ``October 1, 2008.'' and inserting ``April 1, 2009.''. (f) Section 47115(j) of such title is amended by inserting ``and for the portion of fiscal year 2009 ending before April 1, 2009,'' after ``2008,''. (g) Section 47141(f) of such title is amended by striking ``September 30, 2008.'' and inserting ``March 31, 2009.''. (h) Section 49108 of such title is amended by striking ``October 1, 2008,'' and inserting ``March 31, 2009,''. (i) Section 161 of the Vision 100--Century of Aviation Reauthorization Act (49 U.S.C. 47109 note) is amended by striking ``fiscal year 2008,'' and inserting ``fiscal year 2009 before April 1, 2009,''. (j) Section 186(d) of such Act (117 Stat. 2518) is amended by inserting ``and for the portion of fiscal year 2009 ending before April 1, 2009,'' after ``2008,''. (k) Section 409(d) of such Act (49 U.S.C. 41731 note) is amended by striking ``September 30, 2008.'' and inserting ``September 30, 2009.''. (l) The amendments made by this section shall take effect on October 1, 2008. SEC. 6. FEDERAL AVIATION ADMINISTRATION OPERATIONS. Section 106(k)(1) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (3) by inserting after subparagraph (D) the following: ``(E) $4,516,364,500 for the 6-month period beginning on October 1, 2008.''. SEC. 7. AIR NAVIGATION FACILITIES AND EQUIPMENT. Section 48101(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding at the end the following: ``(5) $1,360,188,750 for the 6-month period beginning on October 1, 2008.''. SEC. 8. RESEARCH, ENGINEERING, AND DEVELOPMENT. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (11)(K); (2) by striking the period at the end of paragraph (12)(L) and inserting ``; and''; and (3) by adding at the end the following: ``(13) $85,507,500 for the 6-month period beginning on October 1, 2008.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Federal Aviation Administration Extension Act of 2008, Part II - Amends the Internal Revenue Code to extend from September 30, 2008, through March 31, 2009: (1) excise taxes on aviation fuels and air transportation of persons and property; and (2) the expenditure authority for the Airport and Airway Trust Fund. Extends funding from September 30, 2008, through March 31, 2009, for airport improvement program (AIP) projects, including project grant authority. Authorizes obligation at any time during FY2009 of funds made available by this Act. Prescribes a formula for calculating funding apportionments to implement the program. Extends through March 31, 2009, various airport development projects, including: (1) the pilot program for passenger facility fees at nonhub airports; (2) the small community air service development program; (3) small airport grants for airports located in the Marshall Islands, Micronesia, and Palau; (4) state and local airport compatibility projects; (5) the authority of the Metropolitan Washington Airports Authority to apply for an airport development grant and impose a passenger facility fee; (6) the temporary increase to 95% in the government share of certain AIP project costs; (7) Midway Island airport development; and (8) airport planning and development grant programs. Extends through March 31, 2009, Department of Transportation (DOT) insurance coverage for domestic and foreign-flag air carriers. Extends through May 31, 2009, air carrier liability limits for injuries to passengers resulting from acts of terrorism. Extends through March 31, 2009, the authorization of appropriations for: (1) Federal Aviation Administration (FAA) operations; (2) air navigation facilities and equipment; and (3) research, engineering, and development.
{"src": "billsum_train", "title": "To amend title 49, United States Code, to extend authorizations for the airport improvement program, to amend the Internal Revenue Code of 1986 to extend the funding and expenditure authority of the Airport and Airway Trust Fund, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Deficit Reduction Through Fair Oil Royalties Act''. SEC. 2. ELIGIBILITY FOR NEW LEASES AND THE TRANSFER OF LEASES. (a) Issuance of New Leases.-- (1) In general.--The Secretary shall not issue any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) to a person described in paragraph (2) unless the person has renegotiated each covered lease with respect to which the person is a lessee, to modify the payment responsibilities of the person to require the payment of royalties if the price of oil and natural gas is greater than or equal to the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Persons described.--A person referred to in paragraph (1) is a person that-- (A) is a lessee that-- (i) holds a covered lease on the date on which the Secretary considers the issuance of the new lease; or (ii) was issued a covered lease before the date of enactment of this Act, but transferred the covered lease to another person or entity (including a subsidiary or affiliate of the lessee) after the date of enactment of this Act; or (B) any other person that has any direct or indirect interest in, or that derives any benefit from, a covered lease. (3) Multiple lessees.-- (A) In general.--For purposes of paragraph (1), if there are multiple lessees that own a share of a covered lease, the Secretary may implement separate agreements with any lessee with a share of the covered lease that modifies the payment responsibilities with respect to the share of the lessee to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (B) Treatment of share as covered lease.--Beginning on the effective date of an agreement under subparagraph (A), any share subject to the agreement shall not constitute a covered lease with respect to any lessees that entered into the agreement. (b) Transfers.--A lessee or any other person who has any direct or indirect interest in, or who derives a benefit from, a lease shall not be eligible to obtain by sale or other transfer (including through a swap, spinoff, servicing, or other agreement) any covered lease, the economic benefit of any covered lease, or any other lease for the production of oil or natural gas in the Gulf of Mexico under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), unless the lessee or other person has-- (1) renegotiated each covered lease with respect to which the lessee or person is a lessee, to modify the payment responsibilities of the lessee or person to include price thresholds that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)); or (2) entered into an agreement with the Secretary to modify the terms of all covered leases of the lessee or other person to include limitations on royalty relief based on market prices that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (c) Use of Amounts for Deficit Reduction.--Notwithstanding any other provision of law, any amounts received by the United States as rentals or royalties under covered leases shall be deposited in the Treasury and used for Federal budget deficit reduction or, if there is no Federal budget deficit, for reducing the Federal debt in such manner as the Secretary of the Treasury considers appropriate. (d) Definitions.--In this section-- (1) Covered lease.--The term ``covered lease'' means a lease for oil or gas production in the Gulf of Mexico that is-- (A) in existence on the date of enactment of this Act; (B) issued by the Department of the Interior under section 304 of the Outer Continental Shelf Deep Water Royalty Relief Act (43 U.S.C. 1337 note; Public Law 104-58); and (C) not subject to limitations on royalty relief based on market price that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). (2) Lessee.--The term ``lessee'' includes any person or other entity that controls, is controlled by, or is in or under common control with, a lessee. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. PRICE THRESHOLDS FOR ROYALTY SUSPENSION PROVISIONS. The Secretary of the Interior shall agree to a request by any lessee to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension provisions, that are equal to or less than the price thresholds described in clauses (v) through (vii) of section 8(a)(3)(C) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)(C)). Any amended lease shall impose the new or revised price thresholds effective October 1, 2010. Existing lease provisions shall prevail through September 30, 2010.
Deficit Reduction Through Fair Oil Royalties Act - Prohibits the Secretary of the Interior from issuing new oil or natural gas production leases in the Gulf of Mexico under the Outer Continental Shelf Lands Act (OCSLA) to a person that does not renegotiate its existing leases in order to require royalty payments if oil and natural gas prices are greater than or equal to specified price thresholds. Authorizes the Secretary, in the case of multiple lessees, to implement a separate agreement modifying payment responsibilities (including such price thresholds) with any lessee that owns a lease share. Prescribes analogous requirements for lease transfers. Requires rentals or royalties received by the United States to be deposited in the Treasury for federal budget deficit reduction or, if there is no federal budget deficit, for reducing the federal debt. Directs the Secretary to agree to a lessee's request to amend any lease issued for any Central and Western Gulf of Mexico tract in the period of January 1, 1996, through November 28, 2000, to incorporate price thresholds applicable to royalty suspension requirements that are equal to or less than the price thresholds specified under OCSLA.
{"src": "billsum_train", "title": "To prohibit the Secretary of the Interior from issuing any new lease that authorizes the production of oil or natural gas under the Outer Continental Shelf Lands Act to a person that does not renegotiate existing leases held by the person to incorporate limitations on royalty relief based on market price that are equal to or less than price thresholds that apply to other leases under that Act, and for other purposes."}
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SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``LEO Fair Retirement Act of 2017''. (b) Findings.--Congress finds the following: (1) Federal law enforcement officers are never ``off- duty''. They are counted on to respond at any time of the day or night, regardless of their official duty status, to protect the public safety. Outside of our Nation's armed forces, theirs is the only profession comprised of individuals who are routinely called upon to put their lives on the line to keep America safe. (2) Though the Federal Government may house the largest variety of occupations of any U.S. employer across its panoply of agencies and entities, Federal law enforcement is absolutely unique among them, and the Federal law enforcement officer has no counterpart in the private sector. It is one of the most stressful, most dangerous, and most rewarding careers for those who meet the rigorous requirements of the job. (3) It was in recognition of the unique nature of the occupation, and the demanding schedules required of those who fill its ranks, that Congress established distinct pay and benefit systems for Federal law enforcement positions. This includes basic pay, retirement, and even overtime compensation. (4) Under current law, however, the payment of overtime compensation is limited, and is only payable to the extent that the payments do not cause the aggregate of the law enforcement officer's biweekly or annual pay to exceed the pay caps established under section 5547 of title 5, United States Code. This often results in a law enforcement officer working significant amounts of overtime hours year after year for which the officer is never compensated. (5) In light of the continuing homeland and national security threats facing our Nation, it is in the interest of the Federal Government to ensure that it can continue to recruit and retain the highest caliber personnel by allowing Federal law enforcement officers the opportunity to reclaim full credit in retirement for overtime hours worked but never paid. SEC. 2. COMPUTATION OF ANNUITY FOR HOURS WORKED IN EXCESS OF LAW ENFORCEMENT PREMIUM PAY LIMITATIONS. (a) CSRS.-- (1) In general.--Section 8339 of title 5, United States Code, is amended by adding at the end the following: ``(v)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2)(A) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the manner prescribed under this paragraph. ``(B) The officer may-- ``(i) not later than 180 days before the date that the officer's annuity will commence, request from the Office an estimate (expressed as a dollar figure) of-- ``(I) the lump-sum payment described under subparagraph (C); ``(II) the amount of the officer's monthly annuity payment if the officer elects to make the lump-sum payment and receive an amended annuity that includes the application of paragraph (1); and ``(III) the amount of such officer's monthly annuity payment if the officer does not make such an election; and ``(ii) consistent with the requirements of subparagraph (D), not later than 90 days after receipt of the estimate under clause (i), irrevocably elect to make the lump-sum payment to the Office. ``(C) If a law enforcement officer makes an election pursuant to subparagraph (B)(ii), such officer shall make a lump-sum payment to the Office equal to the difference between-- ``(i) the amount that would have been contributed by the officer and the employer under section 8334 during the 3 consecutive years used to determine average pay (as described under section 8331(4)) if the rate of basic pay of the officer during such period of years included any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section; and ``(ii) the amount that was so contributed during such period of years. ``(D) The officer may elect an actuarial annuity reduction, consistent with regulations prescribed by the Office, in lieu of the lump-sum payment required under subparagraphs (B) and (C). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (2) Clarification with respect to annuity limit.--The limitation provided in section 8339(f) of title 5, United States Code, shall apply to any annuity calculated pursuant to subsection (v) of such section (as added by paragraph (1)). (b) FERS.--Section 8415 of title 5, United States Code, is amended by adding at the end the following: ``(o)(1) Notwithstanding any other provision of this title, including sections 5545a and 5547, and consistent with the requirements of paragraph (2), any premium pay described in section 5547(a) that would have been received by a law enforcement officer but for the limitation provided in such section shall be included in the average pay of such officer for purposes of computing the annuity of such officer under this section. ``(2) Paragraph (1) shall not apply unless the law enforcement officer makes a lump-sum payment to the Office in the same manner as prescribed under section 8339(v)(2). ``(3) In this subsection, the term `law enforcement officer' has the meaning given the term `qualified public safety employee' in section 72(t)(10) of the Internal Revenue Code of 1986.''. (c) Application.--The amendments made by subsection (a) and (b) shall apply to any applicable annuity calculated on or after the date that is one year after the date of enactment of this Act. (d) Regulations.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Director of the Office of Personnel Management shall promulgate regulations to carry out sections 8339(v) and 8415(o) of title 5, United States Code, as added by subsections (a) and (b). (2) Lump-sum payment.--Such regulations shall include-- (A) procedures under which any law enforcement officer covered by such sections may make the lump-sum payment as described under sections 8339(v)(2) and 8415(o)(2) of title 5, United States Code, as added by subsections (a) and (b), from amounts within the officer's Thrift Savings Fund account; and (B) procedures, promulgated in consultation with the Thrift Savings Board, under which a transfer may be made from such account to the Office of Personnel Management. (3) Solicitation of payroll information.--Such regulations shall include-- (A) guidance for agencies employing law enforcement officers for proper retention of payroll information required to carry out the amendments made by subsection (a) and (b), including, for each creditable year of service, the difference between the amount the law enforcement officer received in gross compensation and the amount that would have been received as gross compensation but for the application of the premium pay caps in section 5547 of title 5, United States Code; and (B) procedures for the Director to solicit sufficient payroll information from the head of each applicable agency to provide for the computations required by the amendments made by this Act. SEC. 3. ELIGIBILITY FOR AVAILABILITY PAY FOR POSTAL INSPECTORS. (a) In General.--Section 5545a of title 5, United States Code, is amended by adding at the end the following: ``(l) The provisions of subsections (a)-(h) providing for availability pay shall apply to a Postal Inspector. For the purpose of this section, section 5542(d) of this title, and section 13(a)(16) and (b)(30) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and (b)(30)), a Postal Inspector shall be deemed to be a criminal investigator as defined in this section. For purposes of this subsection, the term `Postal Inspector' has the meaning given such term under section 1003(c) of title 39.''. (b) Conforming Amendment.--Section 410(b)(11) of title 39, United States Code, is amended by striking ``Section 5520a'' and inserting ``Sections 5520a and 5545a''. SEC. 4. CREDIT FOR CERTAIN LUMP-SUM PAYMENTS OF UNCOMPENSATED LAW ENFORCEMENT PREMIUM PAY. (a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the sum of the lump-sum payments made by the individual during such taxable year pursuant to section 8339(v)(2) or 8415(o)(2) of title 5, United States Code, with respect to an annuity of such individual. (b) Treated as Non-Refundable Personal Credit.--For purposes of the Internal Revenue Code of 1986, the credit allowed under subsection (a) shall be treated as a credit allowed under subpart A of part IV of subchapter A of chapter 1 of such Code.
LEO Fair Retirement Act of 2017 This bill provides that for purposes of computing the annuity of a federal law enforcement officer (LEO) under the Civil Service Retirement System and the Federal Employees Retirement System, any premium pay earned by such LEO in excess of limitations imposed on such pay shall be included in the LEO's average pay, contingent on the payment of a specified lump sum by the LEO to the Office of Personnel Management. The bill makes postal inspectors eligible for availability pay (i.e., premium pay paid to LEOs who are criminal investigators). The bill allows a nonrefundable tax credit for certain lump-sum payments of uncompensated law enforcement premium pay.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Kick OPIC Act of 2010''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.-- (1) Termination of authority.--Effective 60 days after the date of the enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961, enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Preservation of existing contracts and agreements.-- Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective upon the expiration of the 180- day period beginning on the date of the enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget shall, effective upon the expiration of the 180- day period beginning on the date of the enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective upon the expiration of the 180-day period beginning on the date of the enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 and following) is repealed, but shall continue to apply with respect to functions performed by the Director of the Office of Management and Budget under subsection (c). (e) Appropriations.--Funds available to the Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director of the Office of Management and Budget for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director of the Office of Management and Budget, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) Effect on pending proceedings.-- (A) In general.--The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director of the Office of Management and Budget after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director of the Office of Management and Budget, by a court of competent jurisdiction, or by operation of law. (B) Construction.--Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) Regulations for transfer of proceedings.--The Director of the Office of Management and Budget is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against an individual in the official capacity of such individual as an officer of the Overseas Private Investment Corporation shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director of the Office of Management and Budget substituted or added as a party. (f) Review.--Orders and actions of the Director of the Office of Management and Budget in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director of the Office of Management and Budget. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.--(1) Section 5314 of title 5, United States Code, is amended by striking ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.--(1) Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182) is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 222A of the Foreign Assistance Act of 1961 (22 U.S.C. 2182a) is amended-- (A) by striking subsections (f) and (g); and (B) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. (3) Section 499B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2296b(b)) is amended-- (A) by striking paragraph (2); and (B) by redesignating paragraph (3) as paragraph (2). (4) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (5) Section 2312(d)(1) of the Export Enhancement Act of 1988 (15 U.S.C. 4727(d)(1)) is amended-- (A) by striking subparagraph (K); and (B) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively. (6) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12), by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (7) Section 625(a) of the Higher Education Act of 1965 (20 U.S.C. 1131c(a)) is amended by striking ``the Overseas Private Investment Corporation,''. (8) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 103(7)(A) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7102(7)(A)) is amended-- (A) in clause (vii), by adding ``and'' after the semicolon; (B) by striking clause (viii); and (C) by redesignating clause (ix) as clause (viii). (11) Section 405(a)(10) of the International Religious Freedom Act of 1998 (22 U.S.C. 6445(a)(10)) is amended by striking ``, the Overseas Private Investment Corporation,''. (12) Section 732(b) of the Global Environmental Protection Assistance Act of 1989 (22 U.S.C. 7902(b)) is amended by striking ``the Overseas Private Investment Corporation,''. (13) Section 916(a)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17336(a)(2)) is amended-- (A) by striking subparagraph (I); and (B) by redesignating subparagraphs (J) through (M) as subparagraphs (I) through (L), respectively. (14) Section 6(d)(1) of the Belarus Democracy Act of 2004 (22 U.S.C. 5811 note) is amended by striking ``and the Overseas Private Investment Corporation''. (15) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)). (D) Section 9101(3)(H) of title 31, United States Code. (E) Section 123 of the African Growth and Opportunity Act (19 U.S.C. 3733), and the item relating to that section in the table of contents of that Act. (F) Section 104 of the Africa: Seeds of Hope Act of 1998 (22 U.S.C. 2293), and the item relating to that section in the table of contents for that Act. (G) Section 914 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17334), and the item relating to that section in the table of contents for that Act. (c) Effective Date.--The amendments and repeals made by this section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act.
Kick OPIC Act of 2010 - Prohibits the Overseas Private Investment Corporation (OPIC) from issuing insurance, guaranties, or reinsurance, making loan, acquiring securities, or entering into risk sharing arrangements under the Foreign Assistance Act of 1961, effective 60 days after enactment of this Act. Abolishes OPIC 180 days after enactment. Requires the Director of the Office of Management and Budget (OMB) to perform the functions of OPIC with respect to any outstanding contracts and agreements until their expiration and to take necessary steps to wind up the affairs of OPIC. Sets forth provisions regarding the termination of OPIC authorities, the transfer of funds, and the effect on prior determinations and pending proceedings.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetic Drug Abuse Prevention Act of 2012''. SEC. 2. ADDITION OF SYNTHETIC DRUGS TO SCHEDULE I OF THE CONTROLLED SUBSTANCES ACT. (a) Cannabimimetic Agents.--Schedule I, as set forth in section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended by adding at the end the following: ``(d)(1) Unless specifically exempted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of cannabimimetic agents, or which contains their salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation. ``(2) In paragraph (1): ``(A) The term `cannabimimetic agents' means any substance that is a cannabinoid receptor type 1 (CB1 receptor) agonist as demonstrated by binding studies and functional assays within any of the following structural classes: ``(i) 2-(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. ``(ii) 3-(1-naphthoyl)indole or 3-(1- naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. ``(iii) 3-(1-naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. ``(iv) 1-(1-naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. ``(v) 3-phenylacetylindole or 3-benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. ``(B) Such term includes-- ``(i) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol (CP-47,497); ``(ii) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3- hydroxycyclohexyl]-phenol (cannabicyclohexanol or CP- 47,497 C8-homolog); ``(iii) 1-pentyl-3-(1-naphthoyl)indole (JWH-018 and AM678); ``(iv) 1-butyl-3-(1-naphthoyl)indole (JWH-073); ``(v) 1-hexyl-3-(1-naphthoyl)indole (JWH-019); ``(vi) 1-[2-(4-morpholinyl)ethyl]-3-(1- naphthoyl)indole (JWH-200); ``(vii) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250); ``(viii) 1-pentyl-3-[1-(4-methoxynaphthoyl)]indole (JWH-081); ``(ix) 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122); ``(x) 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH- 398); ``(xi) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201); ``(xii) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM694); ``(xiii) 1-pentyl-3-[(4-methoxy)-benzoyl]indole (SR-19 and RCS-4); ``(xiv) 1-cyclohexylethyl-3-(2- methoxyphenylacetyl)indole (SR-18 and RCS-8); and ``(xv) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).''. (b) Other Drugs.--Schedule I of section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended in subsection (c) by adding at the end the following: ``(18) 4-methylmethcathinone (Mephedrone). ``(19) 3,4-methylenedioxypyrovalerone (MDPV). ``(20) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E). ``(21) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D). ``(22) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C). ``(23) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I). ``(24) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine (2C- T-2). ``(25) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine (2C-T-4). ``(26) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H). ``(27) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N). ``(28) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C- P).''. SEC. 3. TEMPORARY SCHEDULING TO AVOID IMMINENT HAZARDS TO PUBLIC SAFETY EXPANSION. Section 201(h)(2) of the Controlled Substances Act (21 U.S.C. 811(h)(2)) is amended-- (1) by striking ``one year'' and inserting ``2 years''; and (2) by striking ``six months'' and inserting ``1 year''.
Synthetic Drug Abuse Prevention Act of 2012- Amends the Controlled Substances Act to add as schedule I controlled substances: (1) any material, compound, mixture, or preparation which contains specified cannabimimetic agents (or the salts, isomers, or salts of isomers thereof); and (2) specified additional hallucinogenic substances (or the salts, isomers, or salts of isomers thereof). Extends the period for which the Attorney General may temporarily schedule a substance in schedule I to avoid an imminent hazard to public safety to two years with a one-year extension (currently, one year with a six-month extension).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Behavioral Health Infrastructure Improvement Act''. SEC. 2. BEHAVIORAL HEALTH INFRASTRUCTURE IMPROVEMENTS. (a) Enhanced FMAP for Infrastructure Improvements.-- (1) In general.--Section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)) is amended by adding at the end the following: ``(I) for calendar quarters beginning during the 5-year period beginning on or after the date of the enactment of this subparagraph, 90 percent of the sums expended during the quarter as are attributable to the design, development, implementation, or improvement of infrastructure and systems carried out for purposes of, with respect to behavioral health services and substance abuse treatment services, providing for enhanced data collection and reporting to the Secretary and tracking and ensuring access to such services by individuals eligible to receive medical assistance under the State plan under this title (or under a waiver of the plan); plus''. (2) Reports.--For each year during which subparagraph (I) of section 1903(a)(3) of the Social Security Act (42 U.S.C. 1396b(a)(3)), as added by paragraph (1), applies, the Secretary of Health and Human Services shall submit to Congress a report on the affects of such subparagraph, including best practices for States receiving reimbursement for expenditures under such subparagraph and the effectiveness of such expenditures made by such States. (b) Behavioral Health Information for Medicaid Beneficiaries.-- Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) is amended by adding at the end the following: ``SEC. 1947. BEHAVIORAL HEALTH INFORMATION FOR MEDICAID BENEFICIARIES. ``(a) In General.--The Secretary shall award grants to States to enable such States to establish, expand, or provide support for-- ``(1) offices of behavioral health assistance that provide assistance to individuals eligible to receive medical assistance under this title; or ``(2) behavioral health ombudsman programs that are independent of any State agency, in a manner that ensures coordination with other relevant programs of the State for assisting individuals receiving medical assistance under this title who have a broad range of health concerns, including relating to behavioral health and substance abuse treatment. ``(b) Eligibility.-- ``(1) In general.--To be eligible to receive a grant, a State shall designate an independent office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman described in paragraph (2) of such subsection, that-- ``(A) has specialized knowledge of behavioral health and substance abuse and experience resolving inquiries and complaints described in subparagraph (B); and ``(B) directly or in coordination with State Medicaid agencies, departments of insurance, and consumer assistance organizations, receives and responds to inquiries and complaints concerning access to behavioral health services and substance abuse treatment services. ``(2) Criteria.--A State that receives a grant under this section shall comply with criteria established by the Secretary for carrying out activities under such grant. ``(3) Additional requirement.--A State that receives a grant under this section, with respect to an office described in subsection (a)(1) or a behavioral health ombudsman program described in subsection (a)(2), shall coordinate such office or program with other programs of such State that serve individuals receiving medical assistance under this title, such as a consumer assistance program, long-term care ombudsman program, aging and disability resource center, a Medicaid managed care ombudsman program, or a mental health ombudsman program. ``(4) Clarification.--A grant provided to a State under subsection (a) may be used by the State to expand a program of such State that services individuals receiving medical assistance, such as a program described in paragraph (3), to include an office or program described in subsection (a) or a division that would provide for the functions that such an office or program would otherwise provide. ``(c) Duties.--The office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman referred to in paragraph (2) of such subsection shall-- ``(1) collect, track, and quantify problems and inquiries encountered by individuals eligible for medical assistance under this title with respect to access to behavioral health services and substance abuse treatment services; ``(2) educate such individuals on the rights and responsibilities of such individuals with respect to such access and assist such individuals in the enforcement of such rights with respects to such access; and ``(3) assist such individuals with accessing behavioral health services and substance abuse treatment services by providing information, referral, care coordination, and other assistance. ``(d) Data Collection.--As a condition of receiving a grant under subsection (a), an office of behavioral health assistance described in paragraph (1) of subsection (a), or an ombudsman described in paragraph (2) of such subsection shall be required to collect and report data to the Secretary, State legislature, relevant State agencies, including the departments of insurance and the State attorney general, on the types of problems and inquiries encountered by individuals with respect to access to behavioral health services and substance abuse treatment services. ``(e) Report to Congress.--Not later than two years after the date of the enactment of this section, the Secretary shall submit to Congress a report on the data collected under subsection (d). ``(f) Funding.-- ``(1) Initial funding.--There is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $30,000,000 for the first fiscal year for which this section applies to carry out this section. Such amount shall remain available without fiscal year limitation. ``(2) Authorization for subsequent years.--There is authorized to be appropriated to the Secretary for each fiscal year following the fiscal year described in paragraph (1), such sums as may be necessary to carry out this section. ``(g) State Medicaid Agency.--In this section, the term `State Medicaid agency' means the State agency administering the State plan under this title (or a waiver of such plan).''.
Behavioral Health Infrastructure Improvement Act This bill amends title XIX (Medicaid) of the Social Security Act to temporarily increase the Federal Medical Assistance Percentage (FMAP) for behavioral health infrastructure and systems improvements under a state medical assistance program. For a period of five years, a state's FMAP for such improvements shall equal 90%. (Generally, a state's FMAP under Medicaid may range from 50% to 83%.) The bill also establishes a grant program for states to establish or support a behavioral health assistance office or ombudsman to coordinate behavioral health and other assistance for Medicaid beneficiaries. The office or ombudsman shall: (1) track, quantify, and report on problems and inquiries encountered by Medicaid beneficiaries with respect to access to behavioral health services; (2) educate Medicaid beneficiaries on their rights and responsibilities to such access; and (3) assist Medicaid beneficiaries in the enforcement of those rights and in accessing services.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Make College Affordable Act of 2011''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Section 221 of the Internal Revenue Code of 1986 is amended to read as follows: ``SEC. 221. HIGHER EDUCATION EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to the sum of-- ``(1) the qualified higher education expenses, plus ``(2) interest on qualified education loans, paid by the taxpayer during the taxable year. ``(b) Qualified Higher Education Expenses.--For purposes of this section-- ``(1) Qualified higher education expenses.-- ``(A) In general.--The term `qualified higher education expenses' means-- ``(i) tuition and fees charged by an educational institution and required for the enrollment or attendance of-- ``(I) the taxpayer, ``(II) the taxpayer's spouse, ``(III) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, or ``(IV) any grandchild of the taxpayer, as an eligible student at an institution of higher education, and ``(ii) reasonable living expenses for such an individual while away from home and attending such institution. ``(B) Eligible courses.--Amounts paid for qualified higher education expenses of any individual shall be taken into account under subsection (a) only to the extent such expenses-- ``(i) are attributable to courses of instruction for which credit is allowed toward a baccalaureate degree by an institution of higher education or toward a certificate of required course work at a vocational school, and ``(ii) are not attributable to any graduate program of such individual. ``(C) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who-- ``(i) meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)), as in effect on the date of the enactment of this section, and ``(ii) is carrying at least one-half the normal full-time work load for the course of study the student is pursuing, as determined by the institution of higher education. ``(2) Institution of higher education.--The term `institution of higher education' is as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). ``(c) Qualified Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified education loan' means a loan which is-- ``(A) made, insured, or guaranteed by the Federal Government, ``(B) made by a State or a political subdivision of a State, ``(C) made from the proceeds of a qualified student loan bond under section 144(b), or ``(D) made by an institution of higher education. ``(2) Limitation.--The amount of interest on a qualified education loan which is taken into account under subsection (a)(2) shall not exceed the amount which bears the same ratio to such amount of interest as-- ``(A) the proceeds from such loan used for qualified higher education expenses, bears to ``(B) the total proceeds from such loan. For purposes of the preceding sentence, the term `qualified higher education expenses' shall be determined without regard to subsection (c)(1)(A)(i)(IV). ``(d) Special Rules.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any expense for which a deduction is allowable to the taxpayer under any other provision of this chapter unless the taxpayer irrevocably waives his right to the deduction of such expense under such other provision. ``(B) Denial of deduction if credit elected.--No deduction shall be allowed under subsection (a) for a taxable year with respect to the qualified higher education expenses of an individual if the taxpayer elects to have section 25A apply with respect to such individual for such year. ``(C) Dependents.--No deduction shall be allowed under subsection (a) to any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which such individual's taxable year begins. ``(D) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 or 530(d)(2) for the taxable year. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a) for qualified higher education expenses for any taxable year only to the extent such expenses are in connection with enrollment at an institution of higher education during the taxable year. ``(B) Certain prepayments allowed.--Subparagraph (A) shall not apply to qualified higher education expenses paid during a taxable year if such expenses are in connection with an academic term beginning during such taxable year or during the first 3 months of the next taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a) or (d)(2) with respect to the education of an individual shall be reduced (before the application of subsection (b)) by the sum of the amounts received with respect to such individual for the taxable year as-- ``(A) a qualified scholarship which under section 117 is not includable in gross income, ``(B) an educational assistance allowance under chapter 30, 31, 32, 34, or 35 of title 38, United States Code, or ``(C) a payment (other than a gift, bequest, devise, or inheritance within the meaning of section 102(a)) for educational expenses, or attributable to enrollment at an eligible educational institution, which is exempt from income taxation by any law of the United States. ``(4) No deduction for married individuals filing separate returns.--If the taxpayer is a married individual (within the meaning of section 7703), this section shall apply only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(5) Nonresident aliens.--If the taxpayer is a nonresident alien individual for any portion of the taxable year, this section shall apply only if such individual is treated as a resident alien of the United States for purposes of this chapter by reason of an election under subsection (g) or (h) of section 6013. ``(6) Regulations.--The Secretary may prescribe such regulations as may be necessary or appropriate to carry out this section, including regulations requiring recordkeeping and information reporting.''. (b) Deduction Allowed in Computing Adjusted Gross Income.-- Paragraph (17) of section 62(a) of such Code is amended to read as follows: ``(17) Higher education expenses.--The deduction allowed by section 221.''. (c) Conforming Amendments.-- (1) Part VII of subchapter B of chapter 1 of such Code is amended-- (A) by striking section 222, and (B) in the table of sections for such part by striking the item relating to section 222. (2) Section 62(a) of such Code is amended by striking paragraph (18) and redesignating paragraphs (19) through (21) as paragraphs (18) through (20), respectively. (3) The following sections of such Code are each amended by striking ``222,'': sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), 199(d)(2)(A), and 219(g)(3)(A)(ii). (4) Section 469(i)(3)(F)(iii) of such Code is amended by striking ``221, and 222'' and inserting ``and 221''. (5) Section 6050S(e) of such Code is amended by striking ``section 221(d)(1)'' and inserting ``section 221(c)(1)''. (6) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 221 and inserting the following new item: ``Sec. 221. Higher education expenses.''. (d) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 2010.
Make College Affordable Act of 2011- Amends the Internal Revenue Code to allow individual taxpayers a deduction from gross income for higher education expenses, including tuition and fees and reasonable living expenses while attending an institution of higher education, and for interest on certain education loans paid for the taxpayer, the taxpayer's spouse, dependent, or grandchild.
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SECTION 1. AMENDMENT TO MAKE CHAPTER 12 OF TITLE 11, UNITED STATES CODE, PERMANENT. (a) Reenactment.--Chapter 12 of title 11, United States Code, as reenacted by section 149 of division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277), and amended by this Act, is reenacted. (b) Effective Date.--Subsection (a) shall take effect on April 1, 1999. (c) Conforming Amendment.--Section 302 of the Bankruptcy, Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 581 note) is amended by striking subsection (f). SEC. 2. FAMILY FISHERMEN. (a) Definitions.--Section 101 of title 11, United States Code, is amended-- (1) by inserting after paragraph (7) the following: ``(7A) `commercial fishing operation' includes-- ``(A) the catching or harvesting of fish, shrimp, lobsters, urchins, seaweed, shellfish, or other aquatic species or products; and ``(B) aquaculture activities consisting of raising for market any species or product described in subparagraph (A);''; ``(7B) `commercial fishing vessel' means a vessel used by a fisherman to carry out a commercial fishing operation;''; (2) by inserting after paragraph (19) the following: ``(19A) `family fisherman' means-- ``(A) an individual or individual and spouse engaged in a commercial fishing operation-- ``(i) whose aggregate debts do not exceed $1,500,000 and not less than 80 percent of whose aggregate noncontingent, liquidated debts (excluding a debt for the principal residence of such individual or such individual and spouse, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such individual or such individual and spouse; and ``(ii) who receive from such commercial fishing operation more than 50 percent of such individual's or such individual's and spouse's gross income for the taxable year preceding the taxable year in which the case concerning such individual or such individual and spouse was filed; or ``(B) a corporation or partnership-- ``(i) in which more than 50 percent of the outstanding stock or equity is held by-- ``(I) 1 family that conducts the commercial fishing operation; or ``(II) 1 family and the relatives of the members of such family, and such family or such relatives conduct the commercial fishing operation; and ``(ii)(I) more than 80 percent of the value of its assets consists of assets related to the commercial fishing operation; ``(II) its aggregate debts do not exceed $1,500,000 and not less than 80 percent of its aggregate noncontingent, liquidated debts (excluding a debt for 1 dwelling which is owned by such corporation or partnership and which a shareholder or partner maintains as a principal residence, unless such debt arises out of a commercial fishing operation), on the date the case is filed, arise out of a commercial fishing operation owned or operated by such corporation or such partnership; and ``(III) if such corporation issues stock, such stock is not publicly traded;''; and (3) by inserting after paragraph (19A) the following: ``(19B) `family fisherman with regular annual income' means a family fisherman whose annual income is sufficiently stable and regular to enable such family fisherman to make payments under a plan under chapter 12 of this title;''. (b) Who May Be a Debtor.--Section 109(f) of title 11, United States Code, is amended by inserting ``or family fisherman'' after ``family farmer''. (c) Chapter 12.--Chapter 12 of title 11, United States Code, is amended-- (1) in the chapter heading, by inserting ``OR FISHERMAN'' after ``FAMILY FARMER''; (2) in section 1201, by adding at the end the following: ``(e)(1) Notwithstanding any other provision of law, for purposes of this subsection, a guarantor of a claim of a creditor under this section shall be treated in the same manner as a creditor with respect to the operation of a stay under this section. ``(2) For purposes of a claim that arises from the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor under this section shall be treated in the same manner as a creditor with respect to the operation of a stay under this section.''; (3) in section 1203, by inserting ``or commercial fishing operation'' after ``farm''; (4) in section 1206, by striking ``if the property is farmland or farm equipment'' and inserting ``if the property is farmland, farm equipment, or property of a commercial fishing operation (including a commercial fishing vessel)''; and (5) by adding at the end the following: ``Sec. 1232. Additional provisions relating to family fishermen ``(a)(1) Notwithstanding any other provision of law, except as provided in subsection (c), with respect to any commercial fishing vessel of a family fisherman, the debts of that family fisherman shall be treated in the manner prescribed in paragraph (2). ``(2)(A) For purposes of this chapter, a claim for a lien described in subsection (b) for a commercial fishing vessel of a family fisherman that could, but for this subsection, be subject to a lien under otherwise applicable maritime law, shall be treated as an unsecured claim. ``(B) Subparagraph (A) applies to a claim for a lien resulting from a debt of a family fisherman incurred on or after the date of enactment of this chapter. ``(b) A lien described in this subsection is-- ``(1) a maritime lien under subchapter III of chapter 313 of title 46, United States Code, without regard to whether that lien is recorded under section 31343 of title 46, United States Code; or ``(2) a lien under applicable State law (or the law of a political subdivision thereof). ``(c) Subsection (a) shall not apply to-- ``(1) a claim made by a member of a crew or a seaman including a claim made for-- ``(A) wages, maintenance, or cure; or ``(B) personal injury; or ``(2) a preferred ship mortgage that has been perfected under subchapter II of chapter 313 of title 46, United States Code. ``(d) For purposes of this chapter, a mortgage described in subsection (c)(2) shall be treated as a secured claim.''. (d) Clerical Amendments.-- (1) Table of chapters.--In the table of chapters for title 11, United States Code, the item relating to chapter 12, is amended to read as follows: ``12. Adjustments of Debts of a Family Farmer or Family 1201''. Fisherman with Regular Annual Income. (2) Table of sections.--The table of sections for chapter 12 of title 11, United States Code, is amended by adding at the end the following new item: ``1232. Additional provisions relating to family fishermen.''.
Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to reenact permanently chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer). Amends Federal bankruptcy provisions to include family fishermen as authorized debtors. Requires a guarantor of a claim of a creditor to be treated in the same manner as a creditor with respect to the operation of a stay under such provisions. Treats, with respect to the ownership or operation of a commercial fishing operation, a co-maker of a loan made by a creditor in the same manner as a creditor with respect to such a stay. Includes a commercial fishing operation under provisions concerning debtor rights and powers. Treats a claim for a lien for a commercial fishing vessel of a family fisherman as an unsecured claim. States that such treatment shall not apply to: (1) a claim made by a crewmember or seaman for wages or personal injury; or (2) a preferred ship mortgage that has been perfected under provisions of the Uniform Commercial Code.
{"src": "billsum_train", "title": "A bill to amend title 11, United States Code, to provide for family fishermen, and to make chapter 12 of title 11, United States Code, permanent."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Civilian Conservation Corps Act''. SEC. 2. ESTABLISHMENT AND OPERATION OF CIVILIAN CONSERVATION CORPS. (a) Establishment and Purpose.--In order to relieve the acute condition of widespread distress and unemployment existing in the United States and to provide for the restoration of depleted natural resources in the United States and the advancement of an orderly program of useful public works, the President may establish and operate a Civilian Conservation Corps to employ citizens of the United States, who are otherwise unemployed or underemployed, in the construction, maintenance, and carrying on of works of a public nature in connection with-- (1) the forestation of lands belonging to the United States or a State; (2) the prevention of forest fires, floods, and soil erosion; (3) plant pest and disease control; (4) the construction, maintenance, or repair of paths, trails, and fire-lanes in units of the National Park System, public lands, and other lands under the jurisdiction of the Secretary of the Interior and units of the National Forest System; and (5) such other work on Federal or State land incidental to or necessary in connection with any projects of the character enumerated in paragraphs (1) through (4) that the President determines to be desirable. (b) Role of Federal Agencies.--To operate the Civilian Conservation Corps, the President may utilize existing Federal departments and agencies, including the Department of Labor, the Department of Defense, the National Guard Bureau, the Department of Interior, the Department of Agriculture, the Army Corps of Engineers, the Department of Transportation, the Department of Energy, the Environmental Protection Agency, and Federal governmental corporations. (c) Inclusion of Other Lands.--The President may extend the activities of the Civilian Conservation Corps to lands owned by a political subdivision of a State and lands in private ownership, but only for the purpose of conducting such kinds of cooperation work as are otherwise authorized by law in preventing and controlling forest fires and the attacks of forest tree pests and diseases and such work as is necessary and in the public interest to control floods. (d) Contract Authority.--For the purpose of carrying out this Act the President may enter into such contracts or agreements with States as may be necessary, including provisions for utilization of existing State administrative agencies. (e) Acquisition of Real Property.--The President, or the head of any department or agency authorized by the President to construct any project or to carry on any public works under this Act, may acquire real property for such project or public work by purchase, donation, condemnation, or otherwise. SEC. 3. ADMINISTRATION OF CIVILIAN CONSERVATION CORPS. (a) Housing and Care of Employees.--The President may provide housing for persons employed in the Civilian Conservation Corps and furnish them with such subsistence, clothing, medical attendance and hospitalization, and cash allowance, as may be necessary, during the period they are so employed. (b) Transportation.--The President may provide for the transportation of persons employed in the Civilian Conservation Corps to and from the places of employment. (c) Non-Discrimination.--In employing citizens for the Civilian Conservation Corps, no discrimination shall occur in accordance with Federal employment law; except that no individual under conviction for crime and serving sentence therefore shall be employed under the provisions of this Act. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out this Act $16,000,000,000 for each fiscal years 2010 through 2013. (b) Use of Unobligated Funds Appropriated for Public Works.-- (1) Use of existing funds.--The President may use any moneys previously appropriated for public works and unobligated as of the date of the enactment of this Act to establish and operate a Civilian Conservation Corps under this Act. (2) Use to relieve unemployment.--Not less than 80 percent of the funds utilized pursuant to paragraph (1) must be used to provide for the employment of individuals under this Act. (3) Exceptions.--Paragraph (1) does not apply to-- (A) unobligated moneys appropriated for public works on which actual construction has been commenced as of the date of the enactment of this Act or may be commenced within 90 days after that date; and (B) maintenance funds for river and harbor improvements already allocated as of the date of the enactment of this Act. (c) Duration of Availability.--Amounts appropriated pursuant to the authorization of appropriations in subsection (a) or made available under subsection (b) shall remain available until expended. SEC. 5. TERMINATION. The authority of the President to establish and operate a Civilian Conservation Corps under this Act expires on September 30, 2013.
21st Century Civilian Conservation Corps Act - Authorizes the President, in order to relieve widespread unemployment, restore depleted natural resources in the United States, and advance public works programs, to establish a Civilian Conservation Corps to employ unemployed or underemployed U.S. citizens in the construction, maintenance, and carrying on of works of a public nature, such as forestation of U.S. and state lands, prevention of forest fires, floods, and soil erosion, and construction and repair of National Park System paths and trails. Authorizes the President to extend Corps activities to state- and private- owned lands to prevent and control forest fires and floods and attacks of forest tree pests and diseases. Authorizes the President to provide housing and transportation for Corps employees. Prohibits discrimination in the hiring of Corps employees.
{"src": "billsum_train", "title": "To authorize the President to reestablish the Civilian Conservation Corps as a means of providing gainful employment to unemployed and underemployed citizens of the United States through the performance of useful public work, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hope Housing Act of 2006''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``authorized placement'' means placing a covered manufactured home as authorized by subparagraph (A), (B), or (C) of section 3(a)(1); (2) the term ``base flood'' means the flood which has a 1 percent chance of being equaled or exceeded in any given year; (3) the term ``costal high hazard area'' means an area subject to high velocity waters, including hurricane wave wash or a tsunami; (4) the term ``covered civil action'' means a civil action against the Federal Government (including a civil action against the Director) for damages related to the flooding of a covered manufactured home that is the subject of an authorized placement; (5) the term ``covered individual'' means an individual displaced by Hurricane Katrina of 2005 or Hurricane Rita of 2005; (6) the term ``covered manufactured home'' means a manufactured home purchased by the Federal Emergency Management Agency during the period beginning on August 1, 2005, and ending on the date of enactment of this Act; (7) the term ``Director'' means the Director of the Federal Emergency Management Agency; (8) the term ``flood'' means a general and temporary condition of partial or complete inundation of normally dry land areas from-- (A) the overflow of inland or tidal waters; or (B) the unusual and rapid accumulation or runoff of surface waters from any source; (9) the term ``flood plain'' means an area which has a 1 percent chance of being flooded in any given year; (10) the term ``floodway'' means that portion of the flood plain which-- (A) provides for the discharge of the base flood so the cumulative increase in water surface elevation is no more than 12 inches; and (B) is effective in carrying flow, within which this carrying capacity shall be preserved and where the flood hazard is generally highest; and (11) the term ``manufactured home'' has the same meaning as in section 603 of the Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5402). SEC. 3. EMERGENCY HOUSING FOR VICTIMS. (a) Use of Manufactured Homes.-- (1) In general.--Except as provided in paragraph (2), and notwithstanding any other provision of law (including section 9.13 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling)), upon receiving a request from, or on behalf of, a covered individual, the Director shall place a covered manufactured home-- (A) in a floodway or costal high hazard area; (B) in a flood plain, without elevating such home up to the base flood level; or (C) in a flood plain, without complying with-- (i) the decision-making process required under section 9.6 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling); and (ii) the mitigation requirements under section 9.11 of title 44, Code of Federal Regulations (or any corresponding similar regulation or ruling). (2) Evacuation plans.--The Director may not make an authorized placement, unless the Director has received an evacuation plan from State or local government officials that includes the area in which the covered placement will be made. (3) Types of use.--Any authorized placement shall be used to house covered individuals. (4) Promotional materials.--The Director shall make appropriate changes to any promotional materials to reflect, and otherwise publicize, the authorization in this subsection. (5) Rule of construction.--Nothing in this subsection shall be construed to prohibit any other lawful use of a covered manufactured home. (b) Liability.-- (1) In general.--If the Director makes an authorized placement, a covered civil action relating to the covered manufactured home involved in such authorized placement may not be brought in any Federal or State court. (2) Notice.--The Director shall provide any person to whom the Director provides a covered manufactured home as part of an authorized placement with written notice of-- (A) the potential risks associated with such placement; and (B) the limitations on liability under paragraph (1).
Hope Housing Act of 2006 - Requires the Director of the Federal Emergency Management Agency (FEMA) to place a manufactured home purchased by FEMA between August 1, 2005, and this Act's enactment date in a floodway or costal high hazard area or in a flood plain (without elevating such home up to the base flood level or without complying with specified decision-making processes and mitigation requirements) to house an individual displaced by Hurricane Katrina or Hurricane Rita, upon request from or on behalf of such individual, provided the Director has received an evacuation plan from the state or local government officials for the area of placement. Bars civil actions against the federal government for damages related to the flooding of a home that is the subject of such placement. Requires the Director to provide any person provided such a home with written notice of the potential risks associated with such placement and such limitations on liability.
{"src": "billsum_train", "title": "A bill to authorize the Federal Emergency Management Agency to provide relief to the victims of Hurricane Katrina and Hurricane Rita by placing manufactured homes in flood plains, and for other purposes."}
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SECTION 1. NATIONAL PARK RANGER SCHOOL PARTNERSHIP PROGRAM. (a) Program Established.-- (1) In general.--Part D of title V of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``Subpart 22--National Park Ranger School Partnerships ``SEC. 5621. PROGRAM AUTHORIZED. ``(a) In General.--The Secretary, in cooperation with the Director of the National Park Service, may award grants, on a competitive basis, to schools and local educational agencies and education service agencies to carry out the authorized activities described in subsection (b). ``(b) Authorized Activities.--A school or local educational agency shall use funds provided under this subpart to enter into a partnership with the National Park Service, in cooperation where appropriate with a not-for-profit partner of the National Park Service, to carry out both of the following activities: ``(1) Providing, for students in kindergarten through grade 12, educational programs (including programs under which instruction is provided by National Park Service Rangers) that emphasize science, the environment, natural resources, mathematics, civics, and history. ``(2) Providing, for educators of students in kindergarten through grade 12, professional development opportunities (such as summer institutes) that emphasize science, the environment, natural resources, mathematics, civics, and history. ``(c) Grants.--Each grant under this subpart shall be for a period of 3 years, for an aggregate amount of not more than $25,000. ``(d) Eligibility.--To be eligible to receive a grant under this subpart, a school or local educational agency must-- ``(1) either-- ``(A) have a partnership or be capable of partnering with a unit of the National Park Service or a Research and Learning Center of the National Park Service; or ``(B) have, or demonstrate that it will develop, a technology-based distance learning link to the National Park Service; ``(2) be identified for improvement under title I; and ``(3) have a significant percentage of low-income students. ``(e) Criteria.--Grants under this subpart shall be awarded on a competitive basis using criteria established jointly by the Secretary and the Director of the National Park Service. ``(f) Reports by Grantees.--Upon completing the period for which the grant was made, the school or local educational agency receiving the grant shall submit to the Secretary a report that-- ``(1) identifies the number of students participating in the activities described in subsection (b)(1) that were carried out under the grant and the achievement attained by those students in mathematics, science, and any other academic areas relevant to the activities carried out under the grant as measured against-- ``(A) Statewide scores for students on the academic assessments in mathematics or science under section 1111(b)(3); and ``(B) other benchmarks established by the Secretary, in coordination with the National Park Service; and ``(2) identifies the number of educators participating in the activities described in subsection (b)(2) that were carried out under the grant and the professional development received by those educators in mathematics, science, and any other academic areas relevant to the activities carried out under the grant. ``(g) Report by Secretary.--Not later than 3 years after the date of the enactment of this section, the Secretary, in coordination with the Director of the National Park Service, shall submit a report to Congress on the implementation of this subpart. The report shall include recommendations on whether and to what extent the program should be continued or expanded. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this subpart $1,000,000 for fiscal year 2008, to be available until expended.''. (2) Clerical amendment.--The table of contents in section 2 of that Act is amended by adding after the items relating to subpart 21 of part D of title V the following: ``subpart 22--national park ranger school partnerships ``Sec. 5621. Program authorized.''. (b) National Park Service Eligibility for Certain Programs.-- (1) Math and science partnerships.--Section 2201(b)(1)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6661(b)(1)(B)) is amended-- (A) by redesignating clauses (iii) and (iv) as (iv) and (v), respectively; and (B) by adding after clause (ii) the following: ``(iii) the National Park Service;''. (2) Teaching of traditional american history.--Section 2351(b) of that Act (20 U.S.C. 6721(b)) is amended by adding at the end the following: ``(4) An educational service agency, including a Federal agency that serves as an educational service provider.''.
Amends the Elementary and Secondary Education Act of 1965 (ESEA) to establish the National Park Ranger School Partnerships program authorizing the Secretary of Education to award competitive, three-year grants to schools and local educational agencies (LEAs) to enter into partnerships with the National Park Service (NPS) to provide kindergarten through grade 12 (K-12) students with educational programs and K-12 teachers with professional development emphasizing science, the environment, natural resources, mathematics, civics, and history. Makes education service agencies eligible for grants to carry out such educational programs and professional development activities. Deems schools and LEAs to be eligible for such a grant only if they: (1) have, are capable of, or will develop certain connections to the NPS; (2) have been identified as needing improvement under title I of the ESEA; and (3) serve a significant percentage of low-income students. Permits: (1) the NPS to participate in the Mathematics and Science Partnerships program that provides training to teachers of such subjects under title II of the ESEA; and (2) educational service agencies, including federal agencies that serve as educational service providers, to partner with LEAs under such title's Teaching American History Grant Program.
{"src": "billsum_train", "title": "To amend the Elementary and Secondary Education Act of 1965 to establish a partnership between the Department of Education and the National Park Service to provide educational opportunities for students and teachers."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Sex Trafficking Data and Response Act of 2013''. SEC. 2. STREAMLINE DATA COLLECTION AND REPORTING ON SEX TRAFFICKING. (a) Foster Care and Adoption Assistance Program.-- (1) State plan requirements.--Section 471(a) of the Social Security Act (42 U.S.C. 671(a)) is amended-- (A) by striking ``and'' at the end of paragraph (32); (B) by striking the period at the end of paragraph (33) and inserting a semicolon; and (C) by adding at the end the following: ``(34) provides that for each child over whom the State agency has responsibility for placement, care, or supervision, the State agency shall-- ``(A) identify and document appropriately in agency records each child who is identified as being a victim of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000) or as a victim of severe forms of trafficking in persons described in section 103(9)(A) of the Trafficking Victims Protection Act of 2000 (relating to sex trafficking) as such a victim; and ``(B) report immediately, and in no case later than 24 hours after receiving, information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation, established pursuant to section 534 of title 28, United States Code; and ``(35) contains a regularly updated description of the specific measures taken by the State agency to protect and provide services to children who are victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000), including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population.''. (2) Regulations.--The Secretary of Health and Human Services shall promulgate regulations implementing the amendments made by paragraph (1) and shall provide uniform definitions for States to use for the reports required under paragraph (34)(B) of section 471(a) of the Social Security Act (42 U.S.C. 671(a)(34)(B)) (as added by paragraph (1)). The regulations promulgated under this paragraph shall include provisions to permit the Secretary of Health and Human Services the discretion to withhold a portion of the Federal funds to be paid a State under section 474 of the Social Security Act (42 U.S.C. 674) for a fiscal year quarter from any State that fails to substantially comply with the requirements of paragraphs (34) and (35) of section 471(a) of such Act (as so added). (3) Inclusion of data in afcars.-- (A) In general.--Section 479(c)(3) of the Social Security Act (42 U.S.C. 679(c)(3)) is amended-- (i) in subparagraph (C)(iii), by striking ``and'' after the semicolon; and (ii) by adding at the end the following: ``(E) the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000); and''. (B) Report to congress.--During the period that begins on January 1, 2014, and ends on the effective date of a final rule promulgated by the Secretary of Health and Human Services implementing the AFCARS data collection requirement added by the amendments made by subparagraph (A), the Secretary of Health and Human Services shall submit an annual report to Congress that contains the annual aggregate number of children in foster care who are identified as victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(10))), together with such other information as the Secretary determines appropriate relating to the identification of, and provision of services for, that population of children. (b) State Reporting.--Section 3702 of the Crime Control Act of 1990 (42 U.S.C. 5780) is amended-- (1) in paragraph (2), by striking ``and'' at the end; and (2) in paragraph (4)-- (A) in the matter preceding subparagraph (A), by striking ``paragraph (2)'' and inserting ``paragraph (3)''; (B) in subparagraph (A), by inserting ``and a photograph taken within the previous 180 days'' after ``dental records''; (C) in subparagraph (B), by striking ``and'' at the end; (D) by redesignating subparagraph (C) as subparagraph (D); and (E) by inserting after subparagraph (B) the following: ``(C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and''. (c) CAPTA Amendments.-- (1) State plan amendments.--Section 106 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106a) is amended-- (A) in subsection (b)(2)(B)-- (i) in clause (xxii), by striking ``and'' at the end; and (ii) by adding at the end the following: ``(xxiv) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be, victims of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or victims of severe forms of trafficking in persons described in paragraph (9)(A) of that section; and ``(xxv) provisions and procedures for training child protective services workers about identifying and providing comprehensive services for children who are victims described in clause (xxiv), and providing such services for such children, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population;''; and (B) in subsection (d), by adding at the end the following: ``(17) The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).''. (2) Special rule.-- (A) In general.--Section 111 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5106g) is amended-- (i) by striking ``For purposes'' and inserting the following: ``(a) Definitions.--For purposes''; and (ii) by adding at the end the following: ``(b) Special Rule.-- ``(1) In general.--For purposes of section 3(2) and subsection (a)(4), a child shall be considered a victim of `child abuse and neglect' and of `sexual abuse' if the child is identified, by a State or local agency employee of the State or locality involved, as being a victim of sex trafficking (as defined in paragraph (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102)) or a victim of severe forms of trafficking in persons described in paragraph (9)(A) of that section. ``(2) State option.--Notwithstanding the definition of `child' in section 3(1), a State may elect to define that term for purposes of the application of paragraph (1) to section 3(2) and subsection (a)(4) as a person who has not attained the age of 24.''. (B) Conforming amendment.--Section 3(2) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note) is amended by inserting ``(including sexual abuse as determined under section 111)'' after ``sexual abuse or exploitation''. (3) Technical correction.--Paragraph (5)(C) of subsection (a), as so designated, of section 111 of the Child Care and Development Block Grant Act of 1990 is amended by striking ``inhumane;'' and inserting ``inhumane.''. SEC. 3. REPORT TO CONGRESS ON LABOR TRAFFICKING IN CHILD WELFARE AND BARRIERS TO DOCUMENTATION AND SERVICE PROVISION TO UNIQUE VICTIM POPULATIONS. Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in coordination with the Attorney General, shall submit to the Congress a report detailing issues related to identifying, and providing services for, victims of labor trafficking, as defined in section 103(9)(B) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(9)(B)), within the child welfare system. The report shall address the following: (1) Whether State law enforcement, child welfare, and other relevant State agencies have identified a significant presence of victims of labor trafficking within the child welfare population. (2) With respect to any States that have identified a significant presence of such victims-- (A) any numerical estimates of the prevalence of such victims; (B) a description of how such States provide services for, or plan to provide services for, such victims; and (C) a description of the extent to which there are service delivery issues, particularly with respect to the extent to which the requirements associated with existing sources of Federal funding for all victims of trafficking, as defined in section 103(15) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102(15)), prevents population-specific service delivery within the child welfare system. SEC. 4. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act (and in the case of the amendments made by section 2(a)(1), without regard to whether final regulations required under section 2(a)(2) have been promulgated). (b) Delay Permitted if State Legislation Required.--In the case of a State plan approved under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that ends after the 1-year period beginning with the date of the enactment of this Act. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature. Except as otherwise provided in this Act the amendments made by this Act shall take effect on the date that is 1 year after the date of the enactment of this Act.
Child Sex Trafficking Data and Response Act of 2013 - Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to require state plans for foster care and adoption assistance to provide that for each child over whom the state has responsibility for placement, care, or supervision, the state agency shall: (1) identify and document in agency records each child identified as a victim of sex trafficking, including severe forms of trafficking in certain persons; and (2) report immediately, within 24 hours, any information on missing or abducted children to the law enforcement authorities for entry into the National Crime Information Center (NCIC) database of the Federal Bureau of Investigation (FBI). Requires such plans also to contain a regularly updated description of the specific measures the state agency has taken to protect and provide services to child victims of sex trafficking, including efforts to coordinate with state law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve that population. Requires the Adoption and Foster Care Analysis and Reporting System (AFCARS) to provide comprehensive national information with respect to the aggregate number of children in foster care identified as victims of sex trafficking. Amends the Crime Control Act of 1990 to require any law enforcement agency that entered a missing child report into the NCIC to notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution. Amends the Child Abuse Prevention and Treatment Act to require that the state plan under the Act certifies that the state has in effect and is enforcing a state law, or is operating a statewide program, relating to child abuse and neglect that includes provisions and procedures requiring: (1) identification and assessment of all reports involving child victims of sex trafficking, and (2) training child protective services workers about identifying and providing comprehensive services for such children. Directs the Secretary of Health and Human Services (HHS) to report to Congress on issues related to identifying, and providing services for, victims of labor trafficking within the child welfare system.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiparty, Multiforum Jurisdiction Act of 1993''. SEC. 2. JURISDICTION OF DISTRICT COURTS. (a) Basis of Jurisdiction.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1368. Multiparty, multiforum jurisdiction ``(a) The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 25 natural persons have either died or incurred injury in the accident at a discrete location and, in the case of injury, the injury has resulted in damages which exceed $50,000 per person, exclusive of interest and costs, if-- ``(1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; ``(2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or ``(3) substantial parts of the accident took place in different States. ``(b) For purposes of this section-- ``(1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title; ``(2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; ``(3) the term `injury' means-- ``(A) physical harm to a natural person; and ``(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; ``(4) the term `accident' means a sudden accident, or a natural event culminating in an accident, that results in death or injury incurred at a discrete location by at least 25 natural persons; and ``(5) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories or possessions of the United States. ``(c) In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. ``(d) A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.''. (b) A Conforming Amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1368. Multiparty, multiforum jurisdiction.''. SEC. 3. VENUE. Section 1391 of title 28, United States Code, is amended by adding at the end the following: ``(g) A civil action in which jurisdiction of the district court is based upon section 1368 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.''. SEC. 4. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended by adding at the end the following: ``(i)(1) In actions transferred under this section when jurisdiction is or could have been based, in whole or in part, on section 1368 of this title, the transferee district court may, notwithstanding any other provision of this section, retain actions so transferred for the determination of liability and punitive damages. An action retained for the determination of liability shall be remanded to the district court from which the action was transferred, or to the State court from which the action was removed, for the determination of damages, other than punitive damages, unless the court finds, for the convenience of parties and witnesses and in the interest of justice, that the action should be retained for the determination of damages. ``(2) Any remand under paragraph (1) shall not be effective until 60 days after the transferee court has issued an order determining liability and has certified its intention to remand some or all of the transferred actions for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the transferee court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the transferee court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(3) An appeal with respect to determination of punitive damages by the transferee court may be taken, during the 60-day period beginning on the date the order making the determination is issued, to the court of appeals with jurisdiction over the transferee court. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) Nothing in this subsection shall restrict the authority of the transferee court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 5. REMOVAL OF ACTIONS. Section 1441 of title 28, United States Code, is amended-- (1) in subsection (e) by striking out ``(e) The court to which such civil action is removed'' and inserting in lieu thereof ``(f) The court to which a civil action is removed under this section''; and (2) by inserting after subsection (d) the following new subsection; (e)(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if-- ``(A) the action could have been brought in a United States district court under section 1368 of this title, or ``(B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1368 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter. The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1368 in a United States district court that arises from the same accident as the action in State court, or at a later time with leave of the district court. ``(2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(i) has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court from which it had been removed for the determination of damages, unless the court finds that, for the convenience of parties and witnesses and in the interest of justice, the action should be retained for the determination of damages. ``(3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination and the choice of law determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination and the choice of law determination shall not be subject to further review by appeal or otherwise. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) An action removed under this subsection shall be deemed to be an action under section 1368 and an action in which jurisdiction is based on section 1368 of this title for purposes of this section and sections 1407, 1659, 1697, and 1785 of this title. ``(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum.''. SEC. 6. CHOICE OF LAW. (a) Determination by the Court.--Chapter 111 of title 28, United States Code, is amended by adding at the end the following new section: Sec. 1659. Choice of law in multiparty, multiforum actions ``(a) In an action which is or could have been brought, in whole or in part, under section 1368 of this title, the district court in which the action is brought or to which it is removed shall determine the source of the applicable substantive law, except that if an action is transferred to another district court, the transferee court shall determine the source of the applicable substantive law. In making this determination, a district court shall not be bound by the choice of law rules of any State, and the factors that the court may consider in choosing the applicable law include-- ``(1) the place of the injury; ``(2) the place of the conduct causing the injury; ``(3) the principal places of business or domiciles of the parties; ``(4) the danger of creating unnecessary incentives for forum shopping; and ``(5) whether the choice of law would be reasonably foreseeable to the parties. The factors set forth in paragraphs (1) through (5) shall be evaluated according to their relative importance with respect to the particular action. If good cause is shown in exceptional cases, including constitutional reasons, the court may allow the law of more than one State to be applied with respect to a party, claim, or other element of an action. ``(b) The district court making the determination under subsection (a) shall enter an order designating the single jurisdiction whose substantive law is to be applied in all other actions under section 1368 arising from the same accident as that giving rise to the action in which the determination is made. The substantive law of the designated jurisdiction shall be applied to the parties and claims in all such actions before the court, and to all other elements of each action, except where Federal law applies or the order specifically provides for the application of the law of another jurisdiction with respect to a party, claim, or other element of an action. ``(c) In an action remanded to another district court or a State court under section 1407(i)(1) or 1441(e)(2) of this title, the district court's choice of law under subsection (b) shall continue to apply.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 111 of title 28, United States Code, is amended by adding at the end the following new item: ``1659. Choice of law in multiparty, multiforum actions.''. SEC. 7. SERVICE OF PROCESS. (a) Other Than Subpoenas.--(1) Chapter 113 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1697. Service in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1368 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (2) The table of sections at the beginning of chapter 113 of title 28, United States Code, is amended by adding at the end the following new item: ``1697. Service in multiparty, multiforum actions.''. (b) Service of Subpoenas.--(1) Chapter 117 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 1785. Subpoenas in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1368 of this title, a subpoena for attendance at a hearing or trial may, if authorized by the court upon motion for good cause shown, and upon such terms and conditions as the court may impose, be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (2) The table of sections at the beginning of chapter 117 of title 28, United States Code, is amended by adding at the end the following new item: ``1785. Subpoenas in multiparty, multiforum actions.''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act.
Multiparty, Multiforum Jurisdiction Act of 1993 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over civil actions arising out of a single accident that results in the death or injury of 25 or more natural persons, provided the amount in controversy exceeds $50,000 per person and minimal diversity of citizenship exists. Authorizes venue in any district in which a defendant resides or in which a substantial part of the accident occurred. Expands district court authority over such transferred actions (previously covered only pretrial proceedings) to permit joint trial of liability and punitive damage issues. Calls for remand of damage determinations (other than punitive damages), including the possibility of remand to State courts in which actions were originally filed, unless the Federal court finds that it would serve the convenience of parties and witnesses and the interests of justice to retain the damages phase of the action as well. Permits removal of actions from State to U.S. district courts to invoke the proposed jurisdiction and to join actions within the jurisdiction pending before the Federal court. Authorizes removal before trial within 30 days of a defendant's becoming a party to a suit under this Act, or at a later time with leave of the district court. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability. Provides that the district court in which an action under this Act is pending shall determine the source of the applicable substantive law and is not bound by the choice of law rules of any State. Requires the responsible district court to enter an order designating the jurisdiction whose law is to be applied in all actions under this Act arising from the same incident. Identifies factors that may be relevant in such choice of law determinations. Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fisheries Mitigation Coordination Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The operation of dams and other water diversion projects are for the benefit of the American public. The construction and operation of these Federal water resource development projects have had impacts on many water systems and their respective fish populations, resulting in the need to build and operate fish hatcheries to mitigate for aquatic resources affected by these projects. (2) In accordance with the Fish and Wildlife Act of 1956 (16 U.S.C. 742(a)-754), the Fish and Wildlife Coordination Act (16 U.S.C. 661-667(e)), the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001-1009), and the National Environmental Policy Act (42 U.S.C. 4321-4347), the Service has established policy (501 FW 2) to seek to mitigate for fish, wildlife, and their habitats, and uses thereof, from the effects of land and water developments. (3) The United States Fish and Wildlife Service currently operates nearly 40 fish hatcheries that are involved in mitigation fishery activities related to construction and operation of Federal water resource development projects. (4) Mitigation fishery activities conducted by the Service at these facilities are highly valued by the State and Indian tribal partners, and the fishing community. (5) Inconsistency in authorities, which now number over 200, to construct and operate Federal water resource development projects have led to myriad mechanisms for funding and conducting Federal mitigation fishery activities. In most cases Federal water project sponsors fund mitigation fishery costs. In some cases the Service expends its appropriations to offset mitigation fishery costs. (6) The Service is the Federal agency through which a sponsor agency will negotiate to provide goods and services to augment fisheries to compensate for the impact of Federal water development projects on aquatic resources. (7) The sponsor agency should bear the financial responsibility for mitigation fishery costs incurred by the Service. SEC. 3. DEFINITIONS. For this Act, the following definitions apply: (1) Sponsor agency.--The term ``sponsor agency'' means the United States Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority. (2) Service.--The term ``Service'' means the United States Fish and Wildlife Service. (3) Mitigation fisheries.--The term ``mitigation fisheries'' means fisheries augmented by hatchery fish to compensate for the impacts of Federal water development projects on aquatic resources. (4) Mitigation fishery activities.--The term ``mitigation fishery activities'' means rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects and includes project planning and evaluation. (5) Mitigation fishery costs.--The term ``mitigation fishery costs'' means the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, and include: personnel, transportation, utilities, contractual services, fish feed, supplies, equipment, routine maintenance, deferred maintenance, fish eggs, technical support, fish health, management and administration, planning, and evaluation. (6) Mitigation fishery facility.--The term ``mitigation fishery facility'' means facilities owned and operated by the United States Fish and Wildlife Service through the National Fish Hatchery System for the purpose, either wholly or in part, of conducting mitigation fishery activities. (7) Fishery mitigation plan.--The term ``fishery mitigation plan'' refers to a resource management plan developed between the United States Fish and Wildlife Service and one or more sponsor agencies, and in cooperation and coordination with affected States and Indian Tribes, that describes the long-term goals and annual targets for conducting mitigation fishery activities. A fishery mitigation plan shall be approved in advance by a sponsor agency and the Service. SEC. 4. MITIGATION FISHERY COSTS. Not later than October 1, 2007, and each October 1st thereafter, a sponsor agency shall pay to the Service the total amount of funds necessary to meet the mitigation fishery costs to meet objectives described in the fishery mitigation plan for a respective water development project. The funds to be obligated for this purpose shall be identified in advance by the Director of the United States Fish and Wildlife Service.
National Fisheries Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to pay to the U.S. Fish and Wildlife Service mitigation fishery costs associated with carrying out the fishery mitigation plan for a water development project developed between the Service and one or more sponsor agencies. Defines mitigation fishery costs as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Rural Water System Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Environmental enhancement.--The term ``environmental enhancement'' means the wetland and wildlife enhancement activities that are carried out substantially in accordance with the environmental enhancement component of the feasibility study. (2) Environmental enhancement component.--The term ``environmental enhancement component'' means the proposals described in the report entitled ``Wetlands and Wildlife Enhancement for the Lewis and Clark Rural Water System'', dated December 1994. (3) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota'', dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component. (4) Incremental cost.--The term ``incremental cost'' means the cost of the savings to the project were the city of Sioux Falls not to participate in the water supply system. (5) Member entity.--The term ``member entity'' means a rural water system or municipality that meets the requirements for membership as defined by the Lewis and Clark Rural Water System, Inc. bylaws, dated September 6, 1990. (6) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds needed for the construction of the water supply project, as contained in the feasibility study. (7) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are necessary for the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the water supply system to each member entity that distributes water at retail to individual users. (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) Water supply project.-- (A) In general.--The term ``water supply project'' means the physical components of the Lewis and Clark Rural Water Project. (B) Inclusions.--The term ``water supply project'' includes-- (i) necessary pumping, treatment, and distribution facilities; (ii) pipelines; (iii) appurtenant buildings and property rights; (iv) electrical power transmission and distribution facilities necessary for services to water systems facilities; and (v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public health, and environment needs of the member entities (including water storage tanks, water lines, and other facilities for the member entities). (10) Water supply system.--The term ``water supply system'' means the Lewis and Clark Rural Water System, Inc., a nonprofit corporation established and operated substantially in accordance with the feasibility study. SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the water supply system for the planning and construction of the water supply project. (b) Service Area.--The water supply system shall provide for the member entities safe and adequate municipal, rural, and industrial water supplies, environmental enhancement, mitigation of wetland areas, and water conservation in-- (1) Lake County, McCook County, Minnehaha County, Turner County, Lincoln County, Clay County, and Union County, in southeastern South Dakota; (2) Rock County and Nobles County, in southwestern Minnesota; and (3) Lyon County, Sioux County, Osceola County, O'Brien County, Dickinson County, and Clay County, in northwestern Iowa. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the amount of funds authorized under section 9. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply project until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met; and (2) a final engineering report and a plan for a water conservation program are prepared and submitted to Congress not less than 90 days before the commencement of construction of the water supply project. SEC. 4. FEDERAL ASSISTANCE FOR THE ENVIRONMENTAL ENHANCEMENT COMPONENT. (a) Initial Development.--The Secretary shall make grants and other funds available to the water supply system and other private, State, and Federal entities, for the initial development of the environmental enhancement component. (b) Nonreimbursement.--Funds provided under subsection (a) shall be nonreimbursable and nonreturnable. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase the entire electric service requirements of the project, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration to the qualified preference power supplier. (4) It is agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the water supply system; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATES. This Act does not limit the authorization for water projects in the States of South Dakota, Iowa, and Minnesota under law in effect on or after the date of enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 9. COST SHARING. (a) Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall provide funds equal to 80 percent of-- (A) the amount allocated in the total project construction budget for planning and construction of the water supply project under section 3; and (B) such amounts as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. (2) Sioux falls.--The Secretary shall provide funds for the city of Sioux Falls, South Dakota, in an amount equal to 50 percent of the incremental cost to the city of participation in the project. (b) Non-Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share of the costs allocated to the water supply system shall be 20 percent of the amounts described in subsection (a)(1). (2) Sioux falls.--The non-Federal cost-share for the city of Sioux Falls, South Dakota, shall be 50 percent of the incremental cost to the city of participation in the project. SEC. 10. BUREAU OF RECLAMATION. (a) Authorization.--At the request of the water supply system, the Secretary may allow the Commissioner of Reclamation to provide project construction oversight to the water supply project and environmental enhancement component for the service area of the water supply system described in section 3(b). (b) Project Oversight Administration.--The amount of funds used by the Commissioner of Reclamation for oversight described in subsection (a) shall not exceed the amount that is equal to 1 percent of the amount provided in the total project construction budget for the entire project construction period. (c) Operation and Maintenance.--The water supply system shall be responsible for annual operation and maintenance of the project. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $223,987,700, to remain available until expended, of which not more than $10,100,000 shall be used for the initial development of the environmental enhancement component under section 4. Passed the Senate November 19, 1999. Attest: GARY SISCO, Secretary.
Prohibits the Secretary from obligating project funds until: (1) National Environmental Policy Act of 1969 requirements are met; and (2) a final engineering report and a plan for a water conservation program are submitted to Congress. Requires the Secretary to make grants and other funds available to the System and other private, State, and Federal entities for the initial development of the environmental enhancement component. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction. Requires the Western Area Power Administration to make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin program, on specified conditions, including that: (1) the water supply system is operated on a not-for-profit basis; (2) the water supply system contracts to purchase the entire electric service requirements of the project from a qualified preference power supplier that itself purchases power from the Administration; and (3) the rate schedule applicable to the capacity and energy made available is the firm power rate schedule of the Pick-Sloan Eastern Division of the Administration. Specifies an 80 percent Federal share of planning, construction, and development costs of the project. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the project. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply project and environmental enhancement component. Makes the System responsible for the annual operation and maintenance of such project. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Drone Safety Act''. SEC. 2. SAFETY REQUIREMENTS FOR OPERATION OF CONSUMER DRONES. (a) Rulemaking.--For the purpose of allowing consumer drones to be operated without posing a danger to manned aircraft, the Administrator shall publish a final rule not later than 18 months after the date of the enactment of this Act containing safety requirements applicable to the operation of consumer drones. (b) Applicability.--The final rule required by subsection (a) shall apply to consumer drones that-- (1) are flown for hobby or recreational use; and (2) are not operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization. (c) Requirements.--The final rule required by subsection (a) shall include-- (1) a maximum altitude above ground level for flight of consumer drones; (2) circumstances or areas where flights are restricted because of the risk of unsafe interactions with manned aircraft, such as within an unsafe distance from an airport or in the flight path of a manned aircraft; (3) circumstances or areas where flights are restricted because of the risk to persons or property on the ground, such as within an unsafe distance from urban areas, residential areas, electrical infrastructure, transportation infrastructure, amusement parks, or public areas where spectators are present; (4) conditions that may require limitations on flight, such as weather or time of day; and (5) any other requirement that the Administrator determines is necessary to minimize the risk that a consumer drone will collide with a manned aircraft or otherwise endanger the safety of the national airspace system or persons and property on the ground. SEC. 3. SAFETY REQUIREMENTS FOR MANUFACTURERS OF CONSUMER DRONES. (a) Rulemaking.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall publish a final rule containing safety requirements applicable to consumer drones manufactured in, imported into, or sold in the United States. (b) Requirements.--The final rule required by subsection (a) shall include-- (1) limitations on altitude for consumer drones, whether through software or other technological means; (2) a means of preventing unauthorized operation within an unsafe distance from an airport or in protected airspace; (3) a system that, through sensors and software or other similar means, enables avoidance of collisions; (4) a technological means to maintain safety in the event that a communications link between a consumer drone and its operator is lost or compromised, such as by ensuring that the drone autonomously lands safely in a particular location; (5) a requirement that a consumer drone be detectable and identifiable to pilots and air traffic controllers, including through the use of an identification number and a transponder or similar technology to convey the drone's location and altitude; (6) a means to prevent tampering with or modification of any system, limitation, or other safety mechanism required by the Administrator under this section or any other provision of law, including a means to identify any tampering or modification that has been made; (7) educational materials to be provided to a consumer who purchases a consumer drone; and (8) such other requirements as the Administrator considers necessary to ensure the safety of the national airspace system. (c) Updating Existing Consumer Drones.-- (1) In general.--The final rule required by subsection (a) shall require modification, at the manufacturer's expense, of any consumer drone that was commercially distributed before the publication of the rule so that, to the greatest extent practicable, such consumer drones meet the requirements prescribed under the rule. (2) Requirements for consumer drones that cannot be fully updated.--If any consumer drone cannot be modified as described in paragraph (1), the Administrator may authorize the operation of the consumer drone in accordance with subsection (d). (3) Notification.--The final rule required by subsection (a) shall include provisions to publicize and notify the owners of consumer drones of the modifications required by paragraph (1) and of the manufacturer's responsibility to pay for the modifications. (d) Limited Exemptions Permitted.--In the final rule required by subsection (a), the Administrator may exempt a type of consumer drone, by virtue of its size, weight, operational capabilities, technological capabilities, or other characteristic, from a requirement under subsection (b) only if-- (1) complying with that requirement is technologically infeasible or cost-prohibitive for the type of consumer drone; (2) exempting the type of consumer drone from the requirement does not create a hazard to users of the national airspace system or the public or pose a threat to national security; (3) the Administrator establishes requirements for the safe operation of the consumer drone in the national airspace system; and (4) the Administrator makes a determination under section 4(b) with respect to such exemption. SEC. 4. SAFETY DETERMINATION REQUIRED TO AUTHORIZE OPERATION OF CONSUMER DRONES. (a) Codification of Existing Federal Aviation Administration Policy.--No person may operate a consumer drone in the national airspace system without specific authority from the Federal Aviation Administration. (b) Safety Determination Required Before Issuance of Specific Authority.--The Administrator may not provide any form of specific authority for the operation of a consumer drone in the national airspace system without-- (1) making a determination, following an evaluation of all foreseeable safety or operational risks, including risks arising from potential malfunctions, that providing such authority does not endanger the safety of the national airspace system or any individual; and (2) documenting that determination and the reasons for that determination in writing. (c) Rule of Construction.--Nothing in this section shall be construed to terminate any specific authority provided by the Administrator. SEC. 5. CLARIFICATIONS OF AGENCY AUTHORITY. (a) Clarification of Enforcement Authority.-- (1) Civil penalties.--The Administrator may impose a civil penalty under section 46301 of title 49, United States Code, for a violation of this Act or a regulation prescribed or order or specific authority issued under this Act in the same manner and to the same extent as the Administrator may impose a penalty under such section 46301 for a violation of chapter 447 of such title (other than a violation of sections 44719 through 44723 of such chapter). (2) Rule of construction with respect to existing authority.--Nothing in this subsection shall be construed to limit the authority of the Administrator to pursue an enforcement action for a violation of this Act, a regulation prescribed or order or authority issued under this Act, or any other applicable provision of law or regulation. (b) Sunset of Prior Specific Authority.--Beginning on the date that is 120 days after the date of the enactment of this Act, Federal Aviation Administration Advisory Circular 91-57, issued June 9, 1981, shall not be construed to authorize the operation of any consumer drone for recreational or hobby purposes that does not comply with the standards specified in paragraphs (1) through (5) of section 336(a) of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note). (c) Import Enforcement.--The Commissioner of U.S. Customs and Border Protection may use existing authority to enforce restrictions on the importation of consumer drones into the United States pursuant to the final rule required by section 3(a). (d) Rule of Construction.--Nothing in this Act shall be construed to limit the authority of the Administrator to regulate the operation of consumer drones or to pursue enforcement action against persons operating consumer drones who endanger the safety of the national airspace system. SEC. 6. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Automatic stabilization system.-- (A) In general.--The term ``automatic stabilization system'' means any system that has the capability to maintain stable flight (such as maintaining hover altitude, heading, or altitude control) without an operator providing control input, such as a system that coordinates the operation of any combination of-- (i) elements of the propulsion system of an aircraft, including any rotor or propeller; or (ii) the flight control surfaces of an aircraft, including any aileron, elevator, rudder, spoiler, flap, slat, or air brake. (B) Inclusion.--Any rotorcraft utilizing 4 rotors and any aircraft that is capable of autonomous flight shall be considered to be using an automatic stabilization system. (3) Civil.--The term ``civil'', with respect to an unmanned aircraft system, means that the unmanned aircraft is not a public aircraft (as defined in section 40102 of title 49, United States Code). (4) Consumer drone.-- (A) In general.--The term ``consumer drone'' means a civil unmanned aircraft or a civil unmanned aircraft system that-- (i) is-- (I) equipped with an automatic stabilization system; or (II) capable of providing a video signal allowing operation beyond the visual line of sight of the operator; (ii) is manufactured and intended for commercial distribution; and (iii) weighs 55 pounds or less or is certified as described in section 336(a)(3) of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note). (B) Inclusion.--The term ``consumer drone'' includes a kit of component parts that would be a consumer drone if the kit were assembled prior to commercial distribution. (5) Nationwide community-based organization.--The term ``nationwide community-based organization'' means a membership- based association that-- (A) represents the aeromodeling community within the United States; (B) provides its members a comprehensive set of safety guidelines that underscore safe aeromodeling operations within the national airspace system and the protection and safety of the general public on the ground; (C) develops and maintains mutually supportive programming with educational institutions, government entities, and other aviation associations; and (D) acts as a liaison with government agencies and as an advocate for its members. (6) Protected airspace.--The term ``protected airspace'' includes the following types of airspace: (A) Special use airspace under part 73 of title 14, Code of Federal Regulations (or any corresponding similar regulation or ruling), including prohibited airspace under subpart C of such part. (B) Any other airspace the Administrator considers appropriate. (7) Specific authority.--The term ``specific authority'' means a certificate of authorization, special airworthiness certificate, authorization issued under section 333 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note), rule, regulation, policy statement, advisory circular, or any other form of permit or authorization issued by the Federal Aviation Administration for operation of a consumer drone in the national airspace system, including-- (A) Federal Aviation Administrator Advisory Circular 91-57 (relating to model aircraft operating standards) and subsequent versions thereof; (B) the notice of policy on unmanned aircraft operations in the national airspace system of the Federal Aviation Administration (Docket No. FAA-2006- 25714); or (C) the notice of interpretation of the special rule for model aircraft of the Federal Aviation Administration (Docket No. FAA-2014-0396). (8) Unmanned aircraft; unmanned aircraft system.--The terms ``unmanned aircraft'' and ``unmanned aircraft system'' have the meanings given those terms in section 331 of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note). SEC. 7. CONFORMING AMENDMENT. Section 336(a)(2) of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by inserting ``(as defined in section 6 of the Consumer Drone Safety Act)'' after ``nationwide community-based organization''.
Consumer Drone Safety Act This bill directs the Federal Aviation Administration (FAA) to publish a final rule containing safety requirements for the operation of consumer drones. The final rule shall apply to consumer drones that are: flown for hobby or recreational use, and not operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization. The final rule shall also contain requirements that include: a maximum altitude for flight of consumer drones, circumstances or areas where flights are restricted because of risk of unsafe interactions with manned aircraft and to persons or property on the ground, and conditions that may require limitations on flight (such as weather or time of day). The FAA must also publish a final rule applicable to the manufacturing of consumer drones. This rule shall require modification, at the manufacturer's expense, of existing consumer drones so that they meet the rule's requirements. The FAA may exempt from the rule applicable to manufacturers certain types of consumer drones if certain conditions concerning feasibility, cost, and safety are met. No person may operate a consumer drone in the national airspace system without specific authority from the FAA. The U.S. Customs and Border Protection may use existing authority to enforce restrictions on the importation of consumer drones into the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Medicare Subvention Demonstration Project Act''. SEC. 2. ESTABLISHMENT OF VETERANS MEDICARE SUBVENTION DEMONSTRATION PROJECT. (a) Definitions.--For purposes of this section: (1) Medicare-eligible veteran.--The term ``medicare- eligible veteran'' means a veteran who-- (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); and (B) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.). (2) Veteran.--The term ``veteran'' has the meaning given that term in section 101(2) of title 38, United States Code. (3) Veteran integrated service network.--The term ``Veteran Integrated Service Network'' means a field component of the Veterans Health Administration that-- (A) is based on a geographic area which encompasses a population of veteran beneficiaries and is defined on the basis of natural patient referral patterns; and (B) provides health care through strategic alliances among Department of Veterans Affairs medical centers, clinics, and other sites. (4) Secretaries.--The term ``Secretaries'' means the Secretary of Veterans Affairs and the Secretary of Health and Human Services acting jointly. (b) Establishment of Demonstration Project.-- (1) Establishment.--The Secretary of Veterans Affairs and the Secretary of Health and Human Services shall jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, in accordance with this section, from the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care services provided to medicare-eligible veterans who participate in the demonstration project and receive the health care services through a managed care plan established by the Secretary of Veterans Affairs under subsection (f). (2) Location of demonstration project.--The Secretaries shall conduct the demonstration project in not more than three Veteran Integrated Service Networks. (3) Duration.--The Secretaries shall conduct the demonstration project during the three-year period beginning on January 1, 1997. (c) Expansion of Demonstration Project.--The Secretaries shall include in the demonstration project a provision for expanding the demonstration project to incorporate health care services provided to medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion of the demonstration project is feasible and advisable. (d) Payment to Department of Veterans Affairs.-- (1) Payment required.--The Secretary of Health and Human Services shall make monthly payments to the Department of Veterans Affairs from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (allocated by the Secretary of Health and Human Services between each Trust Fund based on the relative weight that benefits from each Trust Fund contribute to the required payment) in an amount equal to one-twelfth of the amount determined under subsection (b) for each medicare-eligible veteran enrolled during the year in a managed care plan established by the Secretary of Veterans Affairs under subsection (f), but only if such veteran's enrollment is in excess of the minimum enrollment number determined under subsection (e)(1) for the geographic region. (2) Amount determined.--The amount determined under paragraph (1) is an amount equal to 93 percent of the average adjusted per capita cost determined under section 1876(a)(4) of the Social Security Act (42 U.S.C. 1395mm(a)(4)) for the year. (e) Establishment of Minimum and Maximum Enrollment Levels.-- (1) Minimum.--Based on the best available data, the Secretaries shall establish a minimum enrollment number of medicare-eligible veterans who are required to enroll in a managed care plan established by the Secretary of Veterans Affairs under subsection (f) during a year for each Veteran Integrated Service Network in which the demonstration project is conducted before the Department of Veterans Affairs may receive payment under subsection (d). (2) Maximum.--The Secretaries shall establish a maximum number of medicare-eligible veterans for which payment may be made by the Secretary of Health and Human Services under subsection (a). (3) Determination of baseline costs.--Before the establishment of the demonstration project, the Secretaries shall establish the minimum and maximum enrollment numbers so that-- (A) the expenditures by the Department of Veterans Affairs for such number of medicare-eligible veterans is equivalent to the projected expenditures that would have been made by the Department for such veterans if the demonstration project had not been established; and (B) the cost to the medicare program under the demonstration project does not exceed the cost that the medicare program would otherwise incur with respect to the medicare-eligible veterans participating in the demonstration project in the absence of the project. (f) Establishment of Managed Health-Care Plan.-- (1) Establishment.--As part of the demonstration project, the Secretary of Veterans Affairs shall establish and operate a managed health-care plan through which medicare-eligible veterans who participate in the demonstration project shall receive health care. The plan shall be operated by or through a Department of Veterans Affairs health-care facility or group of facilities and may include the provision of health services through other public or private entities under arrangements made between that Department facility or group of facilities and the other public or private entity concerned. The managed health care plan shall be established and operated in conformance with standards prescribed by the Secretary of Veterans Affairs after consultation with the Secretary of Health and Human Services. (2) Enrollment fee waiver.--The Secretary of Veterans Affairs shall waive any enrollment fee applicable to any medicare-eligible veteran enrolled in the managed care plan under paragraph (1) for whom reimbursement is provided under subsection (e). (3) Treatment of payments.--Payments received under subsection (e) with respect to care or services provided to a veteran enrolled in the health-care plan under this subsection shall be credited to the applicable Department of Veterans Affairs medical appropriation and shall be used to pay for the costs of furnishing care and services under paragraph (1). (g) Reporting Requirements.--Not later than 15 months after the establishment of the demonstration project, and then not later than 90 days after the end of the demonstration project, the Secretaries shall submit to Congress a report containing the following: (1) The number of medicare-eligible veterans opting to participate in the demonstration project established under this section instead of receiving health benefits through another health insurance plan (including through the medicare program or other health care options of the Veterans Health Administration). (2) An analysis of whether, and in what manner, easier access to the Veterans Health Administration affects the number of medicare-eligible veterans receiving health benefits under the medicare program. (3) A list of the health insurance plans and programs that were the primary payers for medicare-eligible veterans during the year prior to their participation in the demonstration project and the distribution of their previous enrollment in such plans and programs. (4) An identification of cost-shifting (if any) among medical care programs as a result of the demonstration project and a description of the nature of any such cost-shifting. (5) An analysis of how the demonstration project affects the overall accessibility of the Veterans Health Administration and the amount of space available for point-of-service care and a description of the unintended effects (if any) upon the normal treatment priority system. (6) A description of the difficulties (if any) experienced by the Department of Veterans Affairs in managing the demonstration project. (7) A description of the effects of the demonstration project on readiness and training of facilities of the Veterans Health Administration and the probable effects of the project on overall Veterans Health Administration medical readiness and training. (8) A description of the effects that the demonstration project, if permanent, would be expected to have on the overall budget of the Veterans Health Administration and the budgets of individual treatment facilities. (9) An analysis of whether the demonstration project affects the cost to the Department of Veterans Affairs of prescription drugs or the accessibility, availability, and cost of such drugs to veterans. (h) Review by Comptroller General.--Not later than December 31 each year in which the demonstration project is conducted, the Comptroller General shall determine and submit to the Secretaries and Congress a report on the extent, if any, to which the costs of the Secretary of Veterans Affairs under the demonstration project and the costs of the Secretary of Health and Human Services under the medicare program have increased as a result of the project. (i) Demonstration Project Adjustments Following Review.--Based on the review prepared under subsection (h), the Secretaries shall modify the demonstration project at the end of each year to correct for any discrepancy between cost targets and actual spending under the demonstration project. From funds available to the Secretary of Veterans Affairs for the Veterans Health Administration, the Secretary of Veterans Affairs shall reimburse the Secretary of Health and Human Services for any excess costs incurred by the medicare program in violation of subsection (e)(3)(B).
Veterans Medicare Subvention Demonstration Project Act - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health care services provided to certain Medicare-eligible veterans. Requires the Secretaries to conduct the project: (1) in not more than three Veterans Integrated Service Networks; and (2) during the three-year period beginning on January 1, 1997. Requires the Secretaries to include a provision for expanding the project to incorporate health care services provided to Medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to the Department from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretaries to: (1) establish a minimum and maximum enrollment level for veteran participants in the project; and (2) determine baseline costs of such care and coverage. Directs the VA Secretary to: (1) establish and operate a managed health-care plan through which Medicare-eligible veterans who participate in the project receive health care; and (2) waive any enrollment fee for such participants. Directs the Secretaries to report to the Congress concerning specified project participation, findings, and results. Directs the Comptroller General, for each year of the project, to report to the Secretaries and the Congress on the extent to which the costs of the Secretaries have increased as a result of the project. Requires the Secretaries to modify the project following such reviews to correct any discrepancies between project cost targets and actual spending.
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of Disapproval.-- ``(1) In general.--Except as provided in subsection (b)(2), the debt limit shall not be increased under this section if, within 15 calendar days after Congress receives the certification described in subsection (a)(1) (regardless of whether Congress is in session), there is enacted into law a joint resolution disapproving the President's exercise of authority with respect to such increase. ``(2) Contents of joint resolution.--For the purpose of this section, the term `joint resolution' means only a joint resolution-- ``(A) that is introduced between the date a certification described in subsection (a)(1) is received and 3 calendar days after that date; ``(B) which does not have a preamble; ``(C) the title of which is only as follows: `Joint resolution relating to the disapproval of the President's exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______.' (with the blank containing the date of such submission); and ``(D) the matter after the resolving clause of which is only as follows: `That Congress disapproves of the President's exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(a) of title 31, United States Code, on ______.' (with the blank containing the date of such submission). ``(d) Expedited Consideration in House of Representatives.-- ``(1) Reconvening.--Upon receipt of a certification described in subsection (a)(1), the Speaker, if the House would otherwise be adjourned, shall notify the Members of the House that, pursuant to this section, the House shall convene not later than the second calendar day after receipt of such certification. ``(2) Reporting and discharge.--Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. ``(3) Proceeding to consideration.--After each committee authorized to consider a joint resolution reports it to the House or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. ``(4) Consideration.--The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order. ``(e) Expedited Procedure in Senate.-- ``(1) Reconvening.--Upon receipt of a certification under subsection (a)(1), if the Senate has adjourned or recessed for more than 2 days, the majority leader of the Senate, after consultation with the minority leader of the Senate, shall notify the Members of the Senate that, pursuant to this section, the Senate shall convene not later than the second calendar day after receipt of such message. ``(2) Placement on calendar.--Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. ``(3) Floor consideration.-- ``(A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under subsection (a)(1) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. 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 joint resolution shall remain the unfinished business until disposed of. ``(B) Consideration.--Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. ``(C) Vote on passage.--If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. ``(D) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. ``(f) Amendment Not in Order.--A joint resolution of disapproval considered pursuant to this section shall not be subject to amendment in either the House of Representatives or the Senate. ``(g) Coordination With Action by Other House.-- ``(1) In general.--If, before passing the joint resolution, one House receives from the other a joint resolution-- ``(A) the joint resolution of the other House shall not be referred to a committee; and ``(B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. ``(2) Treatment of joint resolution of other house.--If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. ``(3) Treatment of companion measures.--If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. ``(4) Consideration after passage.-- ``(A) In general.--If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the calendar day period described in subsection (b)(1) or subsection (c)(1). ``(B) Debate.--Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. ``(5) Veto override.--If within the calendar day period described in subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (b)(2), the limit on debt provided in section 3101(b) shall not be raised under this section. ``(h) Rules of House of Representatives and Senate.--This subsection and subsections (c), (d), (e), (f), and (g) are 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 joint resolution, 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.''. (b) Conforming Amendment.--The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following: ``3101B. Additional Presidential modification of the debt ceiling.''.
Pay Our Bills Act This bill permits the President to increase the statutory debt limit unless two-thirds of Congress votes to disapprove the increase. If the President certifies to Congress that the debt is within $100 billion of the limit and a specified amount of further borrowing is necessary to meet existing commitments, the Department of the Treasury may borrow the specified amount unless a joint resolution of disapproval is enacted within 15 days after Congress receives the certification. The debt limit is suspended from the date the President submits the certification to Congress until the earlier of: (1) 15 days after Congress receives the certification, or (2) enactment of a joint resolution of disapproval. After the suspension period ends, the limit is increased to accommodate obligations issued during the suspension period. Congress must consider a joint resolution of disapproval using expedited legislative procedures specified in the bill. If the resolution is approved by Congress, the President may veto the resolution. If Congress votes to override the veto with a two-thirds vote of each chamber, the debt limit may not be increased, except as required during the suspension period.
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SECTION 1. CREDIT FOR FIRST-TIME HOMEBUYERS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PURCHASE OF PRINCIPAL RESIDENCE BY FIRST-TIME HOMEBUYER. ``(a) Allowance of Credit.--In the case of an individual who is a first-time homebuyer of a principal residence in the United States during any taxable year, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the purchase price of the residence. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed under subsection (a) shall not exceed $6,500. ``(2) Limitation to one residence.--The credit under this section shall be allowed with respect to only one residence of the taxpayer. ``(3) Married individuals filing jointly.--In the case of a husband and wife who file a joint return, the credit under this section is allowable only if both the husband and wife are first-time homebuyers, and the amount specified under paragraph (1) shall apply to the joint return. ``(4) Married individuals filing separately.--In the case of a married individual filing a separate return, the credit under this section is allowable only if the individual is a first-time homebuyer, and subsection (a) shall be applied by substituting `$3,250' for `$6,500'. ``(5) Other taxpayers.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $6,500. ``(c) Definitions.--For purposes of this section-- ``(1) First-time homebuyer.-- ``(A) In general.--The term `first-time homebuyer' means any individual is such individual (and if married, such individual's spouse) had no present ownership interest in a principal residence in the United States during the 3-year period ending on the date of the purchase of the principal residence to which this section applies. ``(B) One-time only.--If an individual is treated as a first-time homebuyer with respect to any principal residence, such individual may not be treated as a first-time homebuyer with respect to any other principal residence. ``(2) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(3) Purchase and purchase price.--The terms `purchase' and `purchase price' have the meanings provided by section 1400C(e). ``(d) Carryforward of Unused Credit.--If the credit allowable under subsection (a) for any taxable year exceeds the limitation imposed by section 26(a) for such taxable year reduced by the sum of the credits allowable under this subpart (other than this section), such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Reporting.--If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. ``(f) Denial of Double Benefit.--No credit shall be allowed under subsection (a) if the credit under section 1400C is allowed. ``(g) Basis Adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(h) Property to Which Section Applies.--The provisions of this section apply to a principal residence if the taxpayer enters into, on or after June 1, 2001, and before June 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before January 1, 2003.''. (b) Conforming Amendments.-- (1) Subsection (a) of section 1016 of such Code (relating to general rule for adjustments to basis) is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(28) in the case of a residence with respect to which a credit was allowed under section 25B, to the extent provided in section 25B(g).''. (2) Subsection (c) of section 23 of such Code is amended by striking ``section 1400C'' and inserting ``sections 25B and 1400C''. (3) Subparagraph (C) of section 25(e)(1) of such Code is amended by striking ``sections 23 and'' and inserting ``sections 23, 25B, and 1400C''. (4) Subsection (d) of section 1400C of such Code is amended by inserting ``and section 25B'' after ``other than this section''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Purchase of principal residence by first-time homebuyer.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000.
Amends the Internal Revenue Code to allow a first-time homebuyer who purchases a principal residence a tax credit of ten percent of the purchase price of such residence. Limits the credit to $6,500. Requires married individuals filing jointly to both be first-time homebuyers. Makes this credit applicable to a principal residence only if the taxpayer enters into, on or after June 1, 2001, and before June 1, 2002, a binding contract to purchase the residence, and purchases and occupies the residence before January 1, 2003.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Indian Education Act''. SEC. 2. PURPOSE. It is the purpose of this Act to ensure that Federal funding is provided to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students they admit to an undergraduate college program, including the waiver of tuition charges for Indian students who are not residents of the State in which the college is located. SEC. 3. FINDINGS. Congress finds the following: (1) Native American-serving nontribal college institutions have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students. (2) Some four-year Native American-serving nontribal college institutions provide tuition-free education, with the support of the State in which they are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for such colleges to a State or college. (3) The value of the Native student tuition waiver benefits contributed by these colleges and the States which support them today far exceeds the value of the original grant of land and facilities. (4) The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Indian students who are residents of the State or of another State. (5) Native student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them. SEC. 4. STATE RELIEF FROM FEDERAL MANDATE. (a) Amount of Payment.-- (1) In general.--Subject to paragraphs (2) and (3), for fiscal year 2016 and each succeeding fiscal year, the Secretary of Education shall pay to any eligible college an amount equal to the charges for tuition for all Indian students who are not residents of the State in which the college is located and who are enrolled in the college for the academic year ending before the beginning of such fiscal year. (2) Eligible colleges.--For purposes of this section, an eligible college is any four-year Native American-serving nontribal institution of higher education which provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States. (3) Limitation.--The amount paid to any college for each fiscal year under paragraph (1) may not exceed the lower of the following amounts: (A) The amount equal to the charges for tuition for all Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2014-2015. (B) $15,000,000. (b) Treatment of Payment.--Any amounts received by a college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Indian students free of charge of tuition. (c) Rule of Construction.--Nothing in this Act shall be construed to relieve any State from any mandate it may have under Federal law to reimburse a college for each academic year-- (1) with respect to Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students that exceeds the amount received under this section for such academic year; and (2) with respect to Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year. (d) Definitions.--In this section, the term ``Indian students'' includes reference to the term ``Indian pupils'' as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which it received its original grant of land and facilities from the United States. (e) Funding.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 5. OFFSET. (a) In General.--Notwithstanding any other provision of law, of all available unobligated funds, $15,000,000 in appropriated discretionary funds are hereby rescinded. (b) Implementation.--The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. (c) Exception.--This section shall not apply to the unobligated funds of-- (1) the Department of the Interior for the postsecondary education of Native American Indian students; (2) the Department of Defense; (3) the Department of Veterans Affairs; or (4) the Department of Education.
Native American Indian Education Act Directs the Department of Education to pay four-year Native American-serving nontribal institutions of higher education the out-of-state tuition of their Indian students if those schools are required to provide a tuition-free education, with the support of their state, to Indian students in fulfillment of a condition under which the college or state received its original grant of land and facilities from the federal government. Prohibits the amount paid to any such college from exceeding the lower of the following amounts: (1) the charges for tuition for the Indian students of that college who were non-residents of the state in which the college is located and who were enrolled in the college for academic year 2014-2015, or (2) $15 million. Treats such payments as reimbursements to such institutions from their states. Rescinds unobligated discretionary appropriations to offset the costs of this program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Interests in Rural Highways Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) a national surface transportation system that includes a national network of highways and that provides for efficient and safe interstate travel in every State is vital to the economic and social well-being of the United States; (2) Federal policy for allocating resources to maintain an efficient and safe national surface transportation system should reflect the unique needs and circumstances of each State's ability to participate in the transportation system; (3) low-density States that comprise large geographic land areas-- (A) bear unique financial burdens in maintaining their share of the national surface transportation system; and (B) typically support higher per-mile costs of maintaining highways and contribute more per capita to the Highway Trust Fund than other States; (4) many rural States have to maintain large highway systems, which provide interstate access between major population centers, but have small local populations to support their highways; (5) since the approval and implementation of the North American Free Trade Agreement, many rural States along the northern border of the United States have experienced increased use of, and demands on, their share of the national surface transportation system due to increased international trade activities; (6) Federal funding for surface transportation should include adjustments that reflect reasonable and appropriate resource allocations to ensure that rural, low-density States that comprise large geographic land areas can adequately participate in the national surface transportation system; and (7) contributions from all States permit the Federal Government to provide support for essential intermodal national priorities, such as a national system of highways, mass transit, maritime activities, airports and air service, and passenger rail service. SEC. 3. MINIMUM HIGHWAY FUNDING ALLOCATION FOR CERTAIN TYPES OF STATES. Section 157(a)(4) of title 23, United States Code, is amended-- (1) by striking ``In fiscal'' and inserting the following: ``(A) In general.--In fiscal''; and (2) by adding at the end the following: ``(B) Low-density, large-geographic-area states.-- ``(i) Definition of eligible state.--In this subparagraph, the term `eligible State' means a State that-- ``(I) has a population density of less than 25 individuals per square mile; and ``(II) comprises a land area of 10,000 square miles or more. ``(ii) Historical apportionments.-- Notwithstanding any other provision of law, for fiscal year 1998 and each fiscal year thereafter, the Secretary shall increase the amount of funds that, but for this clause, would be apportioned to an eligible State under section 104(b)(3) so that each eligible State receives not less of the apportioned and allocated funds described in section 1015(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1943) (as in effect on October 1, 1996) than the percentage listed for the State in section 1015(a)(2) of that Act (as in effect on October 1, 1996). ``(iii) Set-aside.--Notwithstanding any other provision of law, on October 1 of fiscal year 1998 and each fiscal year thereafter, the Secretary shall-- ``(I) before making any funds available out of the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year, set aside from the amounts authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the fiscal year an amount equal to 1.25 percent of the funds that were made available out of the Highway Trust Fund (other than the Mass Transit Account) for the preceding fiscal year; ``(II) after making any increase for an eligible State necessary to carry out clause (ii), allocate 50 percent of the amount set aside under subclause (I) among eligible States in the ratio that-- ``(aa) the number of miles of highways on the National Highway System in the eligible State; bears to ``(bb) the number of miles of highways on the National Highway System in all eligible States; and ``(III) after making any increase for an eligible State necessary to carry out clause (ii), allocate 50 percent of the amount set aside under subclause (I) among eligible States in the ratio that-- ``(aa) the number of vehicle miles traveled on the National Highway System in the eligible State during the latest 1-year-period for which data are available; bears to ``(bb) the number of vehicle miles traveled on the National Highway System in all eligible States during the latest 1-year-period for which data are available.''.
National Interests in Rural Highways Act of 1997 - Amends Federal highway provisions to direct the Secretary of Transportation, for FY 1998 and thereafter, to increase and set aside an additional amount of Federal highway funds for allocation (according to a specified formula) to States that: (1) have population densities of fewer than 25 individuals per square mile; and (2) comprise a land area of 10,000 square miles or more.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fannie Mae and Freddie Mac Full Disclosure Act''. SEC. 2. REGISTRATION OF SECURITIES. (a) Fannie Mae.-- (1) Mortgage-backed securities.--Section 304(d) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(d)) is amended by striking the fourth sentence and inserting the following new sentence: ``Securities issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (2) Subordinate obligations.--Section 304(e) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1719(e)) is amended by striking the fourth sentence and inserting the following new sentence: ``Obligations issued by the corporation under this subsection shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.'' (3) Securities.--Section 311 of the Federal National Mortgage Association Charter Act (12 U.S.C. 1723c) is amended-- (A) in the section header, by striking ``association''; (B) by inserting ``(a) in general.--'' after ``sec. 311.''; (C) in the second sentence, by inserting ``by the Association'' after ``issued''; and (D) by adding at the end the following new subsection: ``(b) Treatment of Corporation Securities.-- ``(1) In general.--Any stock, obligations, securities, participations, or other instruments issued or guaranteed by the corporation pursuant to this title shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the corporation to sell mortgage loans to the corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the corporation that have been issued by the corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. ``(4) Mortgage related securities.--A single class mortgage-backed security guaranteed by the corporation that has been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage- backed securities or directly by the corporation for cash shall be deemed to be a mortgage related security as defined in section 3(a) of the Securities Exchange Act of 1934.''. (b) Freddie Mac.--Subsection (g) of section 306 of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1455(g)) is amended to read as follows: ``(g) Treatment of Securities.-- ``(1) In general.--Any securities issued or guaranteed by the Corporation shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission.''. ``(2) Exemption for approved sellers.--Notwithstanding any other provision of this title or the Securities Act of 1933, transactions involving the initial disposition by an approved seller of pooled certificates that are acquired by that seller from the Corporation upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the Securities and Exchange Commission. ``(3) Definitions.--For purposes of this subsection: ``(A) Approved seller.--The term `approved seller' means an institution approved by the Corporation to sell mortgage loans to the Corporation in exchange for pooled certificates. ``(B) Pooled certificates.--The term `pooled certificates' means single class mortgage-backed securities guaranteed by the Corporation that have been issued by the Corporation directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities.''. (c) Regulations.--The Securities and Exchange Commission may issue any regulations as may be necessary or appropriate to carry out the purposes of this section and the amendments made by this section. (d) Effective Date.--The amendments under this section shall be made upon the expiration of the 180-day period beginning on the date of the enactment of this Act, but shall apply only with respect to fiscal years of the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation that begin after the expiration of such 180- day period. SEC. 3. LIMITATION ON REGISTRATION FEES. (a) In General.--Section 6(b)(2) of the Securities Act of 1933 (15 U.S.C. 77f(b)(2)) is amended by adding at the end the following new sentence: ``Notwithstanding any other provision of this title, no applicant, or group of affiliated applicants that do not include any investment company registered under the Investment Company Act of 1940, filing a registration statement subject to a fee shall be required in any fiscal year with respect to all registration statements filed by such applicant in such fiscal year to pay an aggregate amount in fees to the Commission pursuant to subsection (b) in excess of five percent of the target offsetting collection amount for such fiscal year. Fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.''. (b) Effective Date.--The amendment under subsection (a) shall be made and shall apply upon the expiration of the 180-day period beginning on the date of the enactment of this Act.
Fannie Mae and Freddie Mac Full Disclosure Act - Amends the Federal National Mortgage Association Charter Act to declare that stock, obligations, securities, participations, or other instruments issued by the Federal National Mortgage Association (Fannie Mae) shall not be exempt securities within the meaning of the laws administered by the Securities and Exchange Commission (SEC) (thus subjecting such securities to SEC regulation). Amends the Federal Home Loan Mortgage Corporation Act to declare that any securities issued or guaranteed by the Federal Home Loan Mortgage Corporation (Freddie Mac) shall not be exempt securities within the meaning of SEC-administered laws (thus subjecting such securities also to SEC regulation). States that transactions involving the initial disposition by an approved seller of pooled certificates acquired by the seller from Fannie Mae or Freddie Mac upon the initial issuance of the pooled certificates shall be deemed to be transactions by a person other than as an issuer, underwriter, or dealer within the meaning of the laws administered by the SEC. Defines pooled certificates as single class mortgage-backed securities guaranteed by Fannie Mae or Freddie Mac that have been issued by Fannie or Freddie directly to the approved seller in exchange for the mortgage loans underlying such mortgage-backed securities. Amends the Securities Act of 1933 to exempt specified applicants filing a securities registration statement subject to a fee from being required to pay aggregate fees in excess of 5% of the target offsetting collection amount for the fiscal year. States that fees paid in connection with registration statements relating to business combinations shall not be included in calculating the total fees paid by any applicant.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Flexibility for Transit Assistance Act''. SEC. 2. FINDINGS. Congress finds the following: (1) While transit ridership has increased in the face of falling disposable income, transit agencies are being forced to implement some of the deepest service cuts, sharpest fare increases and layoffs as a result of declining revenues and increasing fuel prices. (2) According to the American Public Transportation Association, over the past 2 years, 84 percent of transit systems have raised fares, cut service, or are considering either of these measures in the near future. (3) Additionally, over the same period of time, transit systems across the country have seen a 56-percent reduction in rush hour service, a 62-percent reduction in off-peak service, and a 40-percent reduction in geographic coverage leaving thousands of transit drivers without a job. (4) These cuts have left thousands of transit dependent Americans without a way to get to work. (5) It is the policy of the Government to significantly increase the number of individuals who have access to viable public transportation systems and services in order to maximize Americans' ability to access jobs and economic opportunity. (6) It is the policy of the Government that the ability of all citizens to move quickly and at a reasonable cost shall be increased, especially in light of the growth in highway traffic congestion and the resulting cost to our Nation's productivity and economic strength. SEC. 3. URBANIZED AREA FORMULA GRANTS. Section 5307(b)(1) of title 49 is amended-- (1) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (D)-- ``(E) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of more than 200,000 for a designated recipient, direct recipient, or subrecipient under section 5311, providing public transportation in the area and operating less than 100 buses in fixed-route service in such area during peak service hours.''. SEC. 4. TARGETED AND TEMPORARY FLEXIBILITY FOR DESIGNATED RECIPIENTS IN CRISIS. Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``SEC. 5341. TARGETED AND TEMPORARY FLEXIBILITY FOR DESIGNATED RECIPIENTS OR DIRECT RECIPIENTS IN CRISIS. ``(a) Definition.--For purposes of this section the term `crisis period' means that the unemployment rate, as defined by the Bureau of Labor Statistics, of any metropolitan statistical area located within a designated recipient's or direct recipient's service area is at or higher than 7 percent for the preceding month or the national average retail price of regular grade gasoline during a quarter, as reported by the United States Energy Information Administration, has increased by more than 10 percent compared to the same quarter during the previous year. ``(b) Conditions for Flexibility.-- ``(1) In general.--If a designated recipient or direct recipient operates at least 100 buses in fixed-route service during peak service hours, in an urbanized area with a population of more than 200,000, and is certified under paragraph (3) as being in a crisis period, the agency may use funds provided under section 5307 for operating costs of equipment and facilities, subject to the conditions set forth in paragraphs (2) and (3). ``(2) Limitation on use of funds.--A designated recipient or direct recipient that meets the criteria set forth in paragraph (1) may use-- ``(A) 50 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 200,000 but less than 500,000; ``(B) 45 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 500,000 but less than 1,000,000; or ``(C) 40 percent of funds provided under section 5307 if it operates in an urbanized area with a population of more than 1,000,000. ``(3) Certification by secretary.--To be eligible to use funds for operating costs of equipment and facilities under this section, a designated recipient or direct recipient shall request that the Secretary certify, not later than 30 days after such request is made, that the agency is in a crisis period. After each quarter, the Secretary shall monitor each designated recipient or direct recipient in a crisis period to determine if the agency no longer qualifies as being in a crisis period. When the Secretary determines that an agency is no longer in a crisis period, the agency has 3 additional consecutive quarters to use the funds for operating costs of equipment and facilities. ``SEC. 5342. LOCAL CONTROL OF TRANSIT OPERATING FLEXIBILITY. ``(a) General Eligibility Requirements.--If a designated recipient or direct recipient operates at least 100 buses in fixed-route service during peak service hours and is in an urbanized area with a population of more than 200,000 and-- ``(1) such recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non-Federal sources, excluding system- generated revenue, is at least equal to such revenue from the previous fiscal year; or ``(2) the recipient receives revenue for the operating cost of equipment and facilities for use in public transportation derived in whole or in part from dedicated sources of revenue; the designated recipient or direct recipient may use funds provided under section 5307 for operating costs of equipment and facilities, subject to the percentage limitations in subsection (b). ``(b) Limitations on Use of Funds.--A designated recipient or direct recipient that meets the criteria set forth in subsection (a) may use-- ``(1) 30 percent of such funds if the area served has a population of more than 200,000 but not more than 500,000; ``(2) 25 percent of such funds if the area served has a population of more than 500,000 but not more than 1,000,000; or ``(3) 20 percent of such funds if the area served has a population of more than 1,000,000. ``(c) Conditional Increase in Percentage Limits.--If the designated recipient's or direct recipient's percentage of revenue for the operating cost of equipment and facilities for use in public transportation from non-Federal sources, excluding system-generated revenue, is greater than such revenue from the previous fiscal year, the designated recipient or direct recipient may increase the applicable percentage specified in subsection (b) by a percentage that is not greater than the year-over-year increase in such amount.''.
Local Flexibility for Transit Assistance Act - Authorizes the Secretary of Transportation (DOT) to make urbanized area formula grants for the operating costs of equipment and facilities for use in public transportation in an urbanized area with a population over 200,000 to a designated recipient, direct recipient, or subrecipient that provides public transportation in the area operating less than 100 buses in fixed-route service in the area during peak service hours. Authorizes a designated recipient or direct recipient that operates at least 100 buses in fixed-route service during peak service hours in an urbanized area with a population of more than 200,000 to use grant funds for the operating costs of public transportation equipment and facilities in such projects if: (1) the recipients are certified by the Secretary as being in a crisis period; and (2) the recipients' percentage of revenue for the operating costs of public transportation equipment and facilities from non-federal sources (excluding system-generated revenue) is equal to the previous fiscal year's revenue, or the revenue is derived from dedicated sources. Specifies percentage limitations on the use of funds for urbanized areas with populations between 200,000 and 500,000, between 500,000 and 1 million, and over 1 million. Defines "crisis period" to mean that: (1) the unemployment rate within the recipients' service area is 7% or higher for the preceding month, or (2) the national average retail price of regular gasoline during a quarter has increased by more than 10%.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Budgeting Act''. SEC. 2. BUDGETARY TREATMENT OF HIGHWAY TRUST FUND, AIRPORT AND AIRWAY TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND. (a) In General.--Notwithstanding any other provision of law except the Line Item Veto Act of 1996, the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund-- (1) shall not be counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of-- (A) the budget of the United States Government as submitted by the President, (B) the congressional budget (including allocations of budget authority and outlays provided therein), or (C) the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government. (b) Limitation on Interest Paid to Trust Funds.-- (1) In general.--Paragraph (3) of section 9602(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: ``The amount of interest credited to the Airport and Airway Trust Fund, the Highway Trust Fund, the Harbor Maintenance Trust Fund, or the Inland Waterways Trust Fund for any fiscal year shall not exceed the amount of interest which would be credited to such Fund if such interest were determined at the average interest rate on 52-week Treasury securities sold to the public during such fiscal year.''. (2) Effective date.--The amendment made by paragraph (1) shall apply to fiscal years beginning after the date of the enactment of this Act. SEC. 3. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF AIRPORT AND AIRWAY TRUST FUND. (a) In General.--Chapter 471 of title 49, United States Code, is amended-- (1) by redesignating section 47131 as section 47132; and (2) by inserting after section 47130 the following new section: ``Sec. 47131. Safeguards against deficit spending ``(a) Estimates of Unfunded Aviation Authorizations and Net Aviation Receipts.--Not later than March 31 of each year, the Secretary, in consultation with the Secretary of the Treasury, shall estimate-- ``(1) the amount which would (but for this section) be the unfunded aviation authorizations at the close of the first fiscal year that begins after that Mach 31, and ``(2) the net aviation receipts at the close of such fiscal year. ``(b) Procedure if Excess Unfunded Aviation Authorizations.--If the Secretary determines for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. ``(c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- ``(1) Determination of percentage.--If the Secretary determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary shall determine the percentage which-- ``(A) such excess, is of ``(B) the total of the amounts authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year. ``(2) Adjustment of authorizations.--If the Secretary determines a percentage under paragraph (1), each amount authorized to be appropriated from the Airport and Airway Trust Fund for the next fiscal year shall be reduced by such percentage. ``(d) Availability of Amounts Previously Withheld.-- ``(1) Adjustment of authorizations.--If, after a reduction has been made under subsection (c)(2), the Secretary determines that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) shall be increased, by an equal percentage, to the extent the Secretary determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed the amount described in subsection (a)(2) (but not by more than the amount of the reduction). ``(2) Apportionment.--The Secretary shall apportion amounts made available for apportionment by paragraph (1). ``(3) Period of availability.--Any funds apportioned under paragraph (2) shall remain available for the period for which they would be available if such apportionment took effect with the fiscal year in which they are apportioned under paragraph (2). ``(e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary to Congress. ``(f) Definitions.--For purposes of this section, the following definitions apply: ``(1) Net aviation receipts.--The term `net aviation receipts' means, with respect to any period, the excess of-- ``(A) the receipts (including interest) of the Airport and Airway Trust Fund during such period, over ``(B) the amounts to be transferred during such period from the Airport and Airway Trust Fund under section 9502(d) of the Internal Revenue Code of 1986 (other than paragraph (1) thereof). ``(2) Unfunded aviation authorizations.--The term `unfunded aviation authorization' means, at any time, the excess (if any) of-- ``(A) the total amount authorized to be appropriated from the Airport and Airway Trust Fund which has not been appropriated, over ``(B) the amount available in the Airport and Airway Trust Fund at such time to make such appropriation (after all other unliquidated obligations at such time which are payable from the Airport and Airway Trust Fund have been liquidated).''. (b) Conforming Amendment.--The analysis for chapter 471 of title 49, United States Code, is amended by striking ``47131. Annual report.'' and inserting the following: ``47131. Safeguards against deficit spending. ``47132. Annual report.''. SEC. 4. SAFEGUARDS AGAINST DEFICIT SPENDING OUT OF THE INLAND WATERWAYS TRUST FUND AND HARBOR MAINTENANCE TRUST FUND. (a) Estimates of Unfunded Inland Waterways Authorizations and Net Inland Waterways Receipts.--Not later than March 31 of each year, the Secretary of the Army, in consultation with the Secretary of the Treasury, shall estimate-- (1) the amount which would (but for this section) be the unfunded inland waterways authorizations and unfunded harbor maintenance authorizations at the close of the first fiscal year that begins after that March 31; and (2) the net inland waterways receipts and net harbor maintenance receipts at the close of such fiscal year. (b) Procedure If Excess Unfunded Inland Waterways Authorizations.-- If the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund for any fiscal year that the amount described in subsection (a)(1) exceeds the amount described in subsection (a)(2), the Secretary shall determine the amount of such excess. (c) Adjustment of Authorizations if Unfunded Authorizations Exceed Receipts.-- (1) Determination of percentage.--If the Secretary of the Army determines that there is an excess referred to in subsection (b) for a fiscal year, the Secretary of the Army shall determine the percentage which-- (A) such excess, is of (B) the total of the amounts authorized to be appropriated from the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund, as the case may be, for the next fiscal year. (2) Adjustment of authorizations.--If the Secretary of the Army determines a percentage under paragraph (1), each amount authorized to be appropriated from the Trust Fund for the next fiscal year shall be reduced by such percentage. (d) Availability of Amounts Previously Withheld.--If, after an adjustment has been made under subsection (c)(2), the Secretary of the Army determines with respect to the Inland Waterways Trust Fund or the Harbor Maintenance Trust Fund that the amount described in subsection (a)(1) does not exceed the amount described in subsection (a)(2) or that the excess referred to in subsection (b) with respect to the Trust Fund is less than the amount previously determined, each amount authorized to be appropriated that was reduced under subsection (c)(2) with respect to the Trust Fund shall be increased, by an equal percentage, to the extent the Secretary of the Army determines that it may be so increased without causing the amount described in subsection (a)(1) to exceed with respect to the Trust Fund the amount described in subsection (a)(2) (but not by more than the amount of the reduction). (e) Reports.--Any estimate under subsection (a) and any determination under subsection (b), (c), or (d) shall be reported by the Secretary of the Army to Congress. (f) Definitions.--For purposes of this section the following definitions apply: (1) Airport and airway trust fund.--The term ``Airport and Airway Trust Fund'' means the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1986. (2) Harbor maintenance trust fund.--The term ``Harbor Maintenance Trust Fund'' means the Harbor Maintenance Trust Fund established by section 9505 of the Internal Revenue Code of 1986. (3) Highway trust fund.--The term ``Highway Trust Fund'' means the Highway Trust Fund established by section 9503 of the Internal Revenue Code of 1986. (4) Inland waterways trust fund.--The term ``Inland Waterways Trust Fund'' means the Inland Waterways Trust Fund established by section 9506 of the Internal Revenue Code of 1986. (5) Net harbor maintenance receipts.--The term ``net harbor maintenance receipts'' means, with respect to any period, the receipts (including interest) of the Harbor Maintenance Trust Fund during such period. (6) Net inland waterways receipts.--The term ``net inland waterways receipts'' means, with respect to any period, the receipts (including interest) of the Inland Waterways Trust Fund during such period. (7) Unfunded inland waterways authorizations.--The term ``unfunded inland waterways authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Inland Waterways Trust Fund which has not been appropriated, over (B) the amount available in the Inland Waterways Trust Fund at such time to make such appropriations. (8) Unfunded harbor maintenance authorizations.--The term ``unfunded harbor maintenance authorizations'' means, at any time, the excess (if any) of-- (A) the total amount authorized to be appropriated from the Harbor Maintenance Trust Fund which has not been appropriated, over (B) the amount available in the Harbor Maintenance Trust Fund at such time to make such appropriations. SEC. 5. APPLICABILITY. This Act (including the amendments made by this Act) shall apply to fiscal years beginning after September 30, 1995. Passed the House of Representatives April 17, 1996. Attest: Clerk.
Truth in Budgeting Act - Prohibits (subject to the Line Item Veto Act of 1996) the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of the Federal budget as submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Exempts such trust funds from any general statutory budget outlays limitation. Amends the Internal Revenue Code to limit the amount of interest that may be credited to such trust funds. Amends Federal transportation law to require the Secretary of Transportation to estimate annually: (1) what, but for this Act, would be at the close of the next fiscal year the amount of unfunded aviation authorizations; and (2) the net aviation receipts at the close of such year. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations do or do not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated from the Airport and Airway Trust Fund based on the difference. Sets forth similar provisions with respect to the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Justice Improvement Act of 2013''. SEC. 2. MODIFICATION OF AUTHORITY TO DETERMINE TO PROCEED TO TRIAL BY COURT-MARTIAL ON CHARGES ON OFFENSES WITH AUTHORIZED MAXIMUM SENTENCE OF CONFINEMENT OF MORE THAN ONE YEAR. (a) Modification of Authority.-- (1) In general.--With respect to charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense, other than an offense specified in paragraph (2), that is triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for more than one year, the Secretary of Defense shall require the Secretaries of the military departments to provide for the determination under section 830(b) of such chapter (article 30(b) of the Uniform Code of Military Justice) on whether to try such charges by court-martial as provided in paragraph (3). (2) Excluded offenses.--Paragraph (1) does not apply to an offense as follows: (A) An offense under sections 883 through 891 of title 10, United States Code (articles 83 through 91 of the Uniform Code of Military Justice). (B) An offense under sections 893 through 917 of title 10, United States Code (articles 93 through 117 of the Uniform Code of Military Justice). (C) An offense under section 933 of title 10, United States Code (article 133 of the Uniform Code of Military Justice). (3) Requirements and limitations.--The disposition of charges pursuant to paragraph (1) shall be subject to the following: (A) The determination whether to try such charges by court-martial shall be made by a commissioned officer of the Armed Forces designated in accordance with regulations prescribed for purposes of this subsection from among commissioned officers of the Armed Forces in grade O-6 or higher who-- (i) are available for detail as trial counsel under section 827 of title 10, United States Code (article 27 of the Uniform Code of Military Justice); (ii) have significant experience in trials by general or special court-martial; and (iii) are outside the chain of command of the member subject to such charges. (B) Upon a determination under subparagraph (A) to try such charges by court-martial, the officer making that determination shall determine whether to try such charges by a general court-martial convened under section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), or a special court-martial convened under section 823 of title 10, United States Code (article 23 of the Uniform Code of Military Justice). (C) The determination to try such charges by court- martial under subparagraph (A), and by type of court- martial under subparagraph (B), shall be binding on any applicable convening authority for a trial by court- martial on such charges. (D) The actions of an officer described in subparagraph (A) in determining under that subparagraph whether or not to try charges by court-martial shall be free of unlawful or unauthorized influence or coercion. (E) The determination under subparagraph (A) not to proceed to trial of such charges by general or special court-martial shall not operate to terminate or otherwise alter the authority of commanding officers to refer such charges for trial by summary court-martial convened under section 824 of title 10, United States Code (article 24 of the Uniform Code of Military Justice), or to impose non-judicial punishment in connection with the conduct covered by such charges as authorized by section 815 of title 10, United States Code (article 15 of the Uniform Code of Military Justice). (4) Construction with charges on other offenses.--Nothing in this subsection shall be construed to alter or affect the disposition of charges under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), that allege an offense triable by court-martial under that chapter for which the maximum punishment authorized under that chapter includes confinement for one year or less. (5) Policies and procedures of the military departments.-- (A) In general.--The Secretaries of the military departments shall revise policies and procedures as necessary to comply with this subsection. (B) Uniformity.--The General Counsel of the Department of Defense shall review the policies and procedures revised under this paragraph in order to ensure that any lack of uniformity in policies and procedures, as so revised, among the military departments does not render unconstitutional any policy or procedure, as so revised. (6) Manual for courts-martial.--The Secretary of Defense shall recommend such changes to the Manual for Courts-Martial as are necessary to ensure compliance with this subsection. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Secretaries of the military departments, submit to Congress a report on the revisions of policies and procedures necessary to comply with subsection (a). The report shall include such recommendations for modifications to chapter 47 of title 10, United States Code (the Uniform Code of Military Justice), and the Manual for Courts-Martial as the Secretary of Defense considers appropriate for that purpose. (c) Effective Date and Applicability.--Subsection (a), and the revisions required by that subsection, shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to charges preferred under section 830 of title 10, United States Code (article 30 of the Uniform Code of Military Justice), on or after such effective date. SEC. 3. MODIFICATION OF MANUAL FOR COURTS-MARTIAL TO ELIMINATE FACTOR RELATING TO CHARACTER AND MILITARY SERVICE OF THE ACCUSED IN RULE ON INITIAL DISPOSITION OF OFFENSES. Not later than 180 days after the date of the enactment of this Act, Rule 306 of the Manual for Courts-Martial (relating to policy on initial disposition of offenses) shall be amended to strike the character and military service of the accused from the factors to be considered by the disposition authority in disposing of charges. SEC. 4. MODIFICATION OF OFFICERS AUTHORIZED TO CONVENE GENERAL AND SPECIAL COURTS-MARTIAL. (a) In General.--Subsection (a) of section 822 of title 10, United States Code (article 22 of the Uniform Code of Military Justice), is amended-- (1) by striking paragraphs (5) through (8); (2) by inserting after paragraph (4) the following new paragraph (5): ``(5) the officers in the offices established pursuant to section 4(c) of the Military Justice Improvement Act of 2013 or officers in the rank of O-6 or higher who are assigned such responsibility by the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, or the Commandant of the Marine Corps; or''; and (3) by redesignating paragraph (9) as paragraph (6). (b) No Exercise by Officers in Chain of Command of Accused or Victim.--Such section (article) is further amended by adding at the end the following new subsection: ``(c) An officer specified in subsection (a)(5) may not convene a court-martial under this section if the person is in the chain of command of the accused or the victim.''. (c) Offices of Chiefs of Staff on Courts-Martial.-- (1) Offices required.--Each Chief of Staff of the Armed Forces specified in paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as amended by subsection (a), shall establish an office to do the following: (A) To convene general and special courts-martial under sections 822 and 823 of title 10, United States Code (articles 22 and 23 of the Uniform Code of Military Justice), pursuant to paragraph (5) of section 822(a) of title 10, United States Code (article 22(a) of the Uniform Code of Military Justice), as so amended. (B) To detail under section 826 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), judges of courts-martial convened as described in subparagraph (A). (C) To detail under section 827 of title 10, United States Code (article 26 of the Uniform Code of Military Justice), members of courts-martial convened as described in subparagraph (A). (2) Personnel.--The personnel of each office established under paragraph (1) shall consist of such members of the Armed Forces and civilian personnel of the Department of Defense as may be detailed or assigned to the office by the Chief of Staff concerned. SEC. 5. DEADLINE FOR MILITARY JUDGE TO CALL GENERAL AND SPECIAL COURTS- MARTIAL INTO SESSION. In the case of trial by general or special court-martial of charges on an offense determined under section 2(a)(1) to be tried by such court-martial under 47 of title 10, United States Code (the Uniform Code of Military Justice), the military judge shall call the court into session pursuant to section 839 of title 10, United States Code (article 39 of the Uniform Code of Military Justice), not later than 90 days after the date on which the authority determines to try such charges by court-martial. SEC. 6. MODIFICATION OF AUTHORITIES AND RESPONSIBILITIES OF CONVENING AUTHORITIES IN TAKING ACTIONS ON THE FINDINGS AND SENTENCES OF COURTS-MARTIAL. (a) Inclusion of Written Justification for Certain Actions on Sentences.--Paragraph (2) of section 860(c) of title 10, United States Code (article 60(c) of the Uniform Code of Military Justice), is amended by adding at the end the following new sentence: ``In taking such an action (other than an action to approve a sentence), the convening authority or other person taking such action shall prepare a written justification of such action, which written justification shall be made a part of the record of the court-martial.''. (b) Prohibition on Dismissal of Finding or Change to Finding of Guilty of Lesser Included Offense.--Such section (such article) is further amended-- (1) in paragraph (3), by striking the second sentence; and (2) by adding at the end the following new paragraph: ``(4) If a convening authority or other person acts on the findings of a court-martial, the convening authority or other person may not-- ``(A) dismiss any charge or specification by setting aside a finding of guilty thereto; or ``(B) change a finding of guilty to a charge or specification to a finding of guilty to an offense that is a lesser included offense of the offense stated in the charge or specification.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to findings and sentences of courts-martial reported to convening authorities under section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice), as so amended, on or after such effective date. SEC. 7. COMMAND ACTION ON REPORTS ON SEXUAL OFFENSES INVOLVING MEMBERS OF THE ARMED FORCES. (a) Immediate Action Required.--A commanding officer who receives a report of a sexual-related offense involving a member of the Armed Forces in the chain of command of such officer shall act upon the report in accordance with subsection (b) immediately after receipt of the report by the commanding officer. (b) Action Required.--The action required by this subsection with respect to a report described in subsection (a) is the referral of the report to the criminal investigation office with responsibility for investigating that offense of the military department concerned or such other investigation service of the military department concerned as the Secretary of the military department concerned may specify for purposes of this section. SEC. 8. MONITORING AND ASSESSMENT OF MODIFICATION OF AUTHORITIES ON COURTS-MARTIAL BY INDEPENDENT PANEL ON REVIEW AND ASSESSMENT OF PROCEEDINGS UNDER THE UNIFORM CODE OF MILITARY JUSTICE. Section 576(d)(2) of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 1762) is amended-- (1) by redesignating subparagraph (J) as subparagraph (K); and (2) by inserting after subparagraph (I) the following new subparagraph (J): ``(J) Monitor and assess the implementation and efficacy of the Military Justice Improvement Act of 2013, and the amendments made by that Act.''.
Military Justice Improvement Act of 2013 - Amends the Uniform Code of Military Justice (UCMJ), with respect to charges that allege an offense triable by court-martial (with certain exclusions) for which the maximum punishment includes confinement for more than one year, to direct the Secretary of Defense (DOD) to require the Secretaries of the military departments to provide for the determination of whether to try such charges by general or special court-martial to be made by a commissioned officer of grade O-6 or higher with significant experience in such trials and who is outside the chain of command of the accused. Provides that a determination not to proceed to trial shall not preclude a commanding officer from either referring such charges for trial by summary court-martial or imposing non-judicial punishment. Requires Rule 306 (relating to policy on initial disposition of offenses) of the Manual for Courts-Martial to be amended to strike the character and military service of the accused from factors to be considered by the disposition authority. Revises the list of officers authorized to convene general and special courts-martial to include those in grade O-6 or higher assigned such responsibility by their department chief of staff (with the same prohibition against an officer in the same chain of command as the accused). Requires each chief of staff to establish an office which shall convene general and special courts-martial and detail judges and members. Requires a military judge to call a general or special court-martial trial into session within 90 days of the determination of its necessity. Requires a convening authority (the official acting on the sentence of a court-martial), when taking any action other than approving a sentence, to prepare a written justification of such action which shall be made part of the record of the court-martial. Prohibits a convening authority from: (1) dismissing or setting aside a finding of guilty, or (2) reducing a finding of guilty to a finding of guilty to a lesser included offense. Requires a commanding officer who receives a report of a sexual-related offense involving a member in such officer's chain of command to act immediately upon such report by way of referral to the appropriate criminal investigative office or service. Amends the National Defense Authorization Act for Fiscal Year 2013 to require an independent panel established by the DOD Secretary to monitor and assess the implementation and efficacy of this Act and its amendments.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Price Stability Act of 1995''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--The Congress finds that-- (1) during the 25 years preceding the date of enactment of this Act, the United States experienced a deterioration of potential economic growth; (2) there is sufficient evidence to suggest that increased Government spending, deficits, high taxes, and regulation have significantly contributed to slower economic growth, higher inflation, and diminished expectations; (3) micromanagement of the economy and fine tuning have not alleviated economic hardship; (4) the conditions and goals established by the Full Employment and Balanced Growth Act of 1978, have not been and could not be met, and continue to cause confusion and ambiguity about the appropriate role of monetary policy; (5) the multiple policy goals of the Board of Governors of the Federal Reserve System, stipulated in the Full Employment and Balanced Growth Act of 1978, have created uncertainty about the aims of monetary policy, which can add to volatility in economic activity and financial markets, costing workers jobs and harming economic growth; (6) there is a need for the Congress to clarify the proper role of the Board of Governors of the Federal Reserve System in economic policymaking, in order to achieve the best environment for long-term economic growth and the lowest possible interest rates; (7) recognizing the dangers of inflation and the appropriate role of monetary policy, political leaders in countries throughout the world are directing the central banks of those countries to institute reforms that focus monetary policy on the single objective of price stability, rather than on multiple policy goals; and (8) because price stability leads to the lowest possible interest rates and is a key condition to maintaining the highest possible levels of productivity, real incomes, living standards, employment, and global competitiveness, price stability should be the primary long-term goal of the Board of Governors of the Federal Reserve System. (b) Statement of Policy.--It is the policy of the United States that-- (1) the principal economic responsibilities of the Government are to establish and ensure an environment that is conducive to both long-term economic growth and increases in living standards, by establishing and maintaining free markets, low taxes, respect for private property, and the stable, long- term purchasing power of the United States currency; and (2) the primary long-term goal of the Board of Governors of the Federal Reserve System should be to promote price stability. SEC. 3. MONETARY POLICY. (a) Amendment to the Federal Reserve Act.--Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows: ``SEC. 2A. MONETARY POLICY. ``(a) Price Stability.--The Board of Governors of the Federal Reserve System (hereafter in this section referred to as the `Board') and the Federal Open Market Committee (hereafter in this section referred to as the `Committee') shall-- ``(1) establish an explicit numerical definition of the term `price stability'; and ``(2) maintain a monetary policy that effectively promotes long-term price stability. ``(b) Congressional Consultation.--Not later than February 20 and July 20 of each year, the Board shall consult with the Congress at semiannual hearings before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives, about the objectives and plans of the Board and the Committee with respect to achieving and maintaining price stability. ``(c) Congressional Oversight.--The Board shall, concurrent with each semiannual hearing required by subsection (b), submit a written report to the Congress containing-- ``(1) numerical measures to help assess the extent to which the Board and the Committee are achieving and maintaining price stability in accordance with subsection (a); ``(2) a description of the intermediate variables used by the Board to gauge the prospects for achieving the objective of price stability; and ``(3) the definition, or any modifications thereto, of `price stability' established in accordance with subsection (a)(1)(A).''. (b) Compliance Estimate.--Concurrent with the first semiannual hearing required by section 2A(b) of the Federal Reserve Act (as amended by subsection (a) of this section) following the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall submit to the Congress a written estimate of the length of time it will take for the Board and the Committee to fully achieve price stability. The Board and the Committee shall take into account any potential short-term effects on employment and output in complying with the goal of price stability. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) Full Employment and Balanced Growth Act of 1978.--The Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is repealed. (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. 1021 et seq.) is amended-- (1) in section 3-- (A) in the section heading, by striking ``and short-term economic goals and policies''; (B) by striking ``(a)''; and (C) by striking ``in accord with section 11(c) of this Act'' and all that follows through the end of the section and inserting ``in accordance with section 5(c).''; (2) in section 9(b), by striking ``, the Full Employment and Balanced Growth Act of 1978,''; (3) in section 10-- (A) in subsection (a), by striking ``in the light of the policy declared in section 2''; (B) in subsection (e)(1), by striking ``section 9'' and inserting ``section 3''; and (C) in the matter immediately following paragraph (2) of subsection (e), by striking ``and the Full Employment and Balanced Growth Act of 1978''; (4) by striking section 2; (5) by striking sections 4 through 8; and (6) by redesignating sections 3, 9, 10, and 11 as sections 2 through 5, respectively. (c) Congressional Budget Act of 1974.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended-- (1) in section 301-- (A) in subsection (b), by striking paragraph (1) and redesignating paragraphs (2) through (8) as paragraphs (1) through (7), respectively; (B) in subsection (d), in the second sentence, by striking ``the fiscal policy'' and all that follows through the end of the sentence and inserting ``fiscal policy.''; (C) in subsection (e), in the second sentence, by striking ``as to short-term and medium-term goals''; and (D) by striking subsection (f) and inserting the following: ``(f) [Reserved.]''; and (2) in section 305-- (A) in subsection (a)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1995''; (B) in subsection (a)(4)-- (i) by striking ``House sets forth the economic goals'' and all that follows through ``designed to achieve,'' and inserting ``House of Representatives sets forth the economic goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1995,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''; (C) in subsection (b)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1995''; and (D) in subsection (b)(4)-- (i) by striking ``goals (as'' and all that follows through ``designed to achieve,'' and inserting ``goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1995,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''.
Economic Growth and Price Stability Act of 1995 - Amends the Federal Reserve Act to repeal the mandate of the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to maintain long run growth of monetary and credit aggregates in order to promote maximum employment, stable prices, and moderate long-term interest rates. Replaces such mandate with a mandate to: (1) establish an explicit numerical definition of "price stability"; and (2) maintain a monetary policy that effectively promotes long-term price stability. Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment and productivity. Replaces such mandate with a mandate to consult semiannually with the Congress and report on their plans and the time required to achieve price stability. Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism Tools Enhancement Act of 2003''. SEC. 2. NATIONWIDE SEARCH WARRANTS IN TERRORISM INVESTIGATIONS. Rule 41(b)(3) of the Federal Rules of Criminal Procedure is amended to read as follows: ``(3) a magistrate judge--in an investigation of (A) a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(g)); or (B) an offense under 18 U.S.C. 1001 or 1505 relating to information or purported information concerning a Federal crime of terrorism (as defined in 18 U.S.C. 2332b(g)(5))--having authority in any district in which activities related to the Federal crime of terrorism or offense may have occurred, may issue a warrant for a person or property within or outside that district.''. SEC. 3. ADMINISTRATIVE SUBPOENAS IN TERRORISM INVESTIGATIONS. (a) In General.--Chapter 113B of title 18, United States Code, is amended by inserting after section 2332f the following: ``Sec. 2332g. Administrative subpoenas in terrorism investigations ``(a) Authorization of Use.--In any investigation concerning a Federal crime of terrorism (as defined in section 2332b(g)(5)), the Attorney General may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, electronic data, and other tangible things that constitute or contain evidence) that he finds relevant or material to the investigation. A subpoena under this section shall describe the records or items required to be produced and prescribe a return date within a reasonable period of time within which the records or items can be assembled and made available. The attendance of witnesses and the production of records may be required from any place in any State or in any territory or other place subject to the jurisdiction of the United States at any designated place of hearing; except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Witnesses summoned under this section shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. ``(b) Service.--A subpoena issued under this section may be served by any person designated in the subpoena as the agent of service. Service upon a natural person may be made by personal delivery of the subpoena to him or by certified mail with return receipt requested. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association that is subject to suit under a common name, by delivering the subpoena to an officer, to a managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The affidavit of the person serving the subpoena entered by him on a true copy thereof shall be sufficient proof of service. ``(c) Enforcement.--In the case of the contumacy by, or refusal to obey a subpoena issued to, any person, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or the subpoenaed person resides, carries on business, or may be found, to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person, in accordance with the subpoena, to appear, to produce records, or to give testimony touching the matter under investigation. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this subsection may be served in any judicial district in which the person may be found. ``(d)(1) Nondisclosure requirement.--If the Attorney General certifies that otherwise there may result a danger to the national security, no person shall disclose to any other person that a subpoena was received or records were provided pursuant to this section, other than to (A) those persons to whom such disclosure is necessary in order to comply with the subpoena, (B) an attorney to obtain legal advice with respect to testimony or the production of records in response to the subpoena, or (C) other persons as permitted by the Attorney General. The subpoena, or an officer, employee, or agency of the United States in writing, shall notify the person to whom the subpoena is directed of such nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibition of disclosure. ``(2) Enforcement of nondisclosure requirement.--Whoever knowingly violates subsection (d)(1) of this section shall be imprisoned for not more than one year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years. ``(3) Termination of nondisclosure requirement.--When the Attorney General concludes that a nondisclosure requirement no longer is justified by a danger to the national security, an officer, employee, or agency of the United States shall notify the relevant person that the prohibition of disclosure is no longer applicable. ``(e) Judicial Review.--At any time before the return date specified in the summons, the person or entity summoned may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the summons. Any such court may modify or set aside a nondisclosure requirement imposed under subsection (d) at the request of a person to whom a subpoena has been directed, unless there is reason to believe that the nondisclosure requirement is justified because otherwise there may result a danger to the national security. In all proceedings under this subsection, the court shall review the government's submission, which may include classified information, ex parte and in camera. ``(f) Immunity From Civil Liability.--Any person, including officers, agents, and employees, who in good faith produce the records or items requested in a subpoena shall not be liable in any court of any State or the United States to any customer or other person for such production or for nondisclosure of that production to the customer or other person. ``(g) Guidelines.--The Attorney General shall issue guidelines to ensure the effective implementation of this section.''. (b) Amendment to Table of Sections.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332f the following new item: ``2332g. Administrative subpoenas in terrorism investigations.''.
Antiterrorism Tools Enhancement Act of 2003 - Amends the Federal Rules of Criminal Procedure to authorize a magistrate judge, at the request of a Federal law enforcement officer or attorney for the Government, to issue a warrant in an investigation of a Federal crime of terrorism or of specified offenses relating to information concerning such a crime (currently, in an investigation of domestic or international terrorism). Authorizes the Attorney General, in any investigation concerning a Federal crime of terrorism, to subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of records that he finds relevant or material to the investigation. Provides that the attendance of witnesses and the production of records may be required from any place subject to U.S. jurisdiction at any designated hearing place, except that a witness shall not be required to appear at any hearing more than 500 miles distant from the place where he was served with a subpoena. Sets forth provisions regarding the service of subpoenas, enforcement of subpoenas, a nondisclosure requirement and its enforcement (if the Attorney General certifies that otherwise there may result a danger to national security), termination of such requirement, and judicial review. Immunizes from civil liability any person who in good faith produces the records or items requested in a subpoena. Directs the Attorney General to issue guidelines to ensure the effective implementation of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity for Domestic Partner and Health Plan Beneficiaries Act''. SEC. 2. APPLICATION OF ACCIDENT AND HEALTH PLANS TO ELIGIBLE BENEFICIARIES. (a) Exclusion of Contributions.--Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(f) Coverage Provided for Eligible Beneficiaries of Employees.-- ``(1) In general.--Subsection (a) shall apply with respect to an eligible beneficiary and any qualifying child who is a dependent of the eligible beneficiary. ``(2) Qualifying child; dependent.--For purposes of this subsection-- ``(A) Qualifying child.--The term `qualifying child' has the meaning given such term by section 152(c). ``(B) Dependent.--The term `dependent' has the meaning given such term by section 105(b).''. (b) Exclusion of Amounts Expended for Medical Care.--The first sentence of section 105(b) of such Code (relating to amounts expended for medical care) is amended-- (1) by striking ``and his dependents'' and inserting ``his dependents'', and (2) by inserting before the period at the end of the first sentence the following: ``, an eligible beneficiary with respect to the taxpayer, and any qualifying child of an eligible beneficiary (within the meaning of section 106(f)) with respect to the taxpayer''. (c) Payroll Taxes.-- (1) Section 3121(a)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' both places it appears and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (2) Section 3231(e)(1) of such Code is amended-- (A) by striking ``or any of his dependents'' and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (3) Section 3306(b)(2) of such Code is amended-- (A) by striking ``or any of his dependents'' both places it appears and inserting ``, any of his dependents, any eligible beneficiary with respect to the employee, or any qualifying children of such eligible beneficiary (within the meaning of section 106(f)),'', (B) by striking ``and their dependents'' the first place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f)),'', and (C) by striking ``and their dependents'' the second place it appears and inserting ``, their dependents, eligible beneficiaries with respect to employees, and qualifying children of such eligible beneficiaries (within the meaning of section 106(f))''. (4) Section 3401(a) of such Code is amended by striking ``or'' at the end of paragraph (21), by striking the period at the end of paragraph (22) and inserting ``; or'', and by inserting after paragraph (22) the following new paragraph: ``(23) for any payment made to or for the benefit of an employee or his eligible beneficiary or any qualifying children of his eligible beneficiary (within the meaning of section 106(f)) if at the time of such payment it is reasonable to believe that the employee will be able to exclude such payment from income under section 106(f) or under section 105 by reference in section 105(b) to section 106(f).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. EXPANSION OF DEPENDENCY FOR PURPOSES OF DEDUCTION FOR HEALTH INSURANCE COSTS OF SELF-EMPLOYED INDIVIDUALS. (a) In General.--Paragraph (1) of section 162(l) of the Internal Revenue Code of 1986 (relating to special rules for health insurance costs of self-employed individuals) is amended to read as follows: ``(1) Allowance of deduction.--In the case of a taxpayer who is an employee within the meaning of section 401(c)(1), there shall be allowed as a deduction under this section an amount equal to the amount paid during the taxable year for insurance which constitutes medical care for-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, ``(C) the taxpayer's dependents, ``(D) an individual-- ``(i) who satisfies the age requirements of section 152(c)(3)(A), ``(ii) who bears a relationship to the taxpayer described in section 152(d)(2)(H), and ``(iii) meets the requirements of section 152(d)(1)(C), and ``(E) an individual who-- ``(i) is designated by the taxpayer for purposes of this paragraph, ``(ii) bears a relationship to the taxpayer described in section 152(d)(2)(H), ``(iii) meets the requirements of section 152(d)(1)(D), and ``(iv) is not the spouse of the taxpayer and does not bear any relationship to the taxpayer described in subparagraphs (A) through (G) of section 152(d)(2). For purposes of subparagraph (E)(i), not more than 1 person may be designated by the taxpayer for any taxable year.''. (b) Conforming Amendment.--Subparagraph (B) of section 162(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``or of the spouse of the taxpayer'' and inserting ``, of the spouse of the taxpayer, or of any individual described in paragraph (1)(E)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 4. EXTENSION TO ELIGIBLE BENEFICIARIES OF SICK AND ACCIDENT BENEFITS PROVIDED TO MEMBERS OF A VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATION AND THEIR DEPENDENTS. (a) In General.--Section 501(c)(9) of the Internal Revenue Code of 1986 (relating to list of exempt organizations) is amended by adding at the end the following new sentence: ``For purposes of providing for the payment of sick and accident benefits to members of such an association and their dependents, the term `dependents' shall include any individual who is an eligible beneficiary and any qualifying child of an eligible beneficiary (within the meaning of section 106(f)), as determined under the terms of a medical benefit, health insurance, or other program under which members and their dependents are entitled to sick and accident benefits.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 5. FLEXIBLE SPENDING ARRANGEMENTS AND HEALTH REIMBURSEMENT ARRANGEMENTS. The Secretary of Treasury shall issue guidance of general applicability providing that medical expenses that otherwise qualify-- (1) for reimbursement from a flexible spending arrangement under regulations in effect on the date of the enactment of this Act may be reimbursed from an employee's flexible spending arrangement, notwithstanding the fact that such expenses are attributable to any individual who is an eligible beneficiary under the flexible spending arrangement or to any qualifying child of such an eligible beneficiary (within the meaning of section 106(f) of the Internal Revenue Code of 1986), and (2) for reimbursement from a health reimbursement arrangement under administrative guidance in effect on the date of the enactment of this Act may be reimbursed from an employee's health reimbursement arrangement, notwithstanding the fact that such expenses are attributable to an individual who is not a spouse or dependent within the meaning of section 152 of such Code but who is designated by the employee as eligible to have his or her expenses reimbursed under the health reimbursement arrangement. SEC. 6. EXTENSION OF QUALIFIED MEDICAL EXPENSES FROM HEALTH SAVINGS ACCOUNTS. (a) In General.--Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 (relating to qualified medical expenses) is amended-- (1) by striking ``and any dependent'' and inserting ``any dependent'', and (2) by inserting ``, and any qualified beneficiary'' after ``thereof)''. (b) Qualified Beneficiary.--Section 223(d)(2) of such Code is amended by inserting after subparagraph (C) the following new subparagraph: ``(D) Qualified beneficiary.--For purposes of subparagraph (A), the term `qualified beneficiary' means any individual who is described in subparagraph (D) or (E) of section 162(l)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
Tax Equity for Domestic Partner and Health Plan Beneficiaries Act - Amends the Internal Revenue Code to: (1) extend the exclusion from gross income for employer-provided health care coverage to certain eligible beneficiaries and their dependent children; (2) revise the definition of "dependent" for purposes of the tax deductions for the health insurance costs of self-employed individuals and for contributions to health savings accounts; and (3) extend voluntary employees' beneficiary association sick and accident benefits to eligible beneficiaries and their dependents. Directs the Secretary of the Treasury to issue guidance on reimbursements of medical expenses from flexible spending and health reimbursement arrangements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``North Korea Refugee Relief and Reconstruction Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to help the people of North Korea gain freedom from political oppression. SEC. 3. NORTH KOREA REFUGEE RELIEF AND RECONSTRUCTION FUND. (a) Establishment.--There is established in the Treasury of the United States a fund to be known as the ``North Korea Refugee Relief and Reconstruction Fund'' (in this Act referred to as the ``Fund''), consisting of such amounts as may be appropriated to the Fund pursuant to subsection (b) and such articles and services as may be made available to the Fund pursuant to subsection (c). The resources of the Fund shall be available to carry out the programs and activities identified in section 4. (b) Authorization of Appropriations.--There are authorized to be appropriated for contributions to the Fund such sums as may be necessary, not to exceed $10,000,000,000. Amounts appropriated for the Fund shall remain available until expended. (c) Drawdown Authority.-- (1) In general.--The President may, pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318(a)(2)), draw down articles and services from the inventory and resources of any agency of the United States Government for the Fund to carry out the programs and activities identified in section 4. (2) Authority to acquire by contract or otherwise.--The assistance authorized under paragraph (1) may include the supply of articles and services that are acquired by contract or otherwise. (3) Amount of assistance.-- (A) Limit.--The aggregate value of assistance provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)), may not exceed $1,000,000,000. (B) Assistance not counted toward special authority limit.--Assistance provided under this subsection shall not count toward any limitation under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318). (4) Reimbursement.-- (A) In general.--Articles and services provided under this subsection shall be made available to the Fund without reimbursement to the applicable appropriation, fund, or account except to the extent that funds are appropriated pursuant to subparagraph (B). (B) Authorization of appropriations.-- (i) In general.--There are authorized to be appropriated to the President such sums as may be necessary to reimburse the applicable appropriation, fund, or account for the value of articles and services provided under this subsection, as defined under section 644(m) of the Foreign Assistance Act of 1961 (22 U.S.C. 2403(m)). (ii) Offset.--The maximum amount authorized to be appropriated for the Fund under subsection (b) shall be reduced by an amount equal to the aggregate value of the articles and services made available under paragraph (1). SEC. 4. PROGRAMS AND ACTIVITIES OF THE FUND. (a) Refugee Relief, Relocation and Resettlement Assistance.--The President may use amounts in the Fund to provide relief to refugees that have escaped from North Korea, to relocate such refugees to South Korea or other countries prepared to accept them, and to assist in the resettlement of such refugees in any country willing to accept their resettlement. These activities may be carried out pursuant to the authorities provided in the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601 et seq.). (b) Reunification and Reconstruction Assistance.--The President may use amounts in the Fund to provide for the benefit of persons living in the territory of North Korea the types of assistance authorized for the Independent States of the former Soviet Union under section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) and for the countries of the South Caucasus and Central Asia under sections 499A, 499B, 499C, and 499D of such Act (22 U.S.C. 2296a, 2296b, 2296c, and 2296d) in the event of-- (1) the reunification of North Korea with South Korea; or (2) the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries of the region. SEC. 5. SENSE OF CONGRESS ON INTERNATIONAL EFFORTS. It is the sense of Congress that the Governments of South Korea, Japan, China, and Russia and other concerned governments should make commitments commensurate to those that the United States is offering under this Act-- (1) to assist refugees fleeing political oppression in North Korea; and (2) to meet humanitarian and reconstruction needs arising in connection with-- (A) the reunification of North Korea with South Korea; or (B) the emergence in North Korea of a new national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries in the region.
North Korea Refugee Relief and Reconstruction Act of 2006 - States that purpose of this Act is to help the people of North Korea gain freedom from political oppression. Establishes in the Treasury the North Korea Refugee Relief and Reconstruction Fund. Authorizes the President to use Fund amounts for: (1) refugee relief, relocation, and resettlement assistance; and (2) Korean reunification and reconstruction assistance. Expresses the sense of Congress that the governments of South Korea, Japan, China, and Russia and other concerned governments should make commensurate commitments to: (1) assist refugees fleeing political oppression in North Korea; and (2) meet humanitarian and reconstruction needs arising in connection with the reunification of North Korea with South Korea, or the emergence in North Korea of a national government committed to respect for human rights, nonproliferation, and peaceful relations with the United States and the other countries in the region.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) from 1927 to 1931, at the direction of Congress, the Corps of Engineers investigated the Columbia River and its tributaries to determine sites at which power could be produced at low cost; (2) under section 10(e) of the Federal Power Act (16 U.S.C. 803(e)), when licenses are issued involving tribal land within an Indian reservation, a reasonable annual charge shall be fixed for the use of the land, subject to the approval of the Indian tribe having jurisdiction over the land; (3) in August 1933, the Columbia Basin Commission, an agency of the State of Washington, received a preliminary permit from the Federal Power Commission for water power development at the Grand Coulee site; (4) had the Columbia Basin Commission or a private entity developed the site, the Spokane Tribe would have been entitled to a reasonable annual charge for the use of the land of the Spokane Tribe; (5) in the mid-1930s, the Federal Government, which is not subject to licensing under the Federal Power Act (16 U.S.C. 792 et seq.)-- (A) federalized the Grand Coulee Dam project; and (B) began construction of the Grand Coulee Dam; (6) when the Grand Coulee Dam project was federalized, the Federal Government recognized that-- (A) development of the project affected the interests of the Spokane Tribe and the Confederated Tribes of the Colville Reservation; and (B) it would be appropriate for the Spokane and Colville Tribes to receive a share of revenue from the disposition of power produced at Grand Coulee Dam; (7) in the Act of June 29, 1940 (16 U.S.C. 835d et seq.), Congress-- (A) granted to the United States-- (i) in aid of the construction, operation, and maintenance of the Columbia Basin Project, all the right, title, and interest of the Spokane Tribe and Colville Tribes in and to the tribal and allotted land within the Spokane and Colville Reservations, as designated by the Secretary of the Interior from time to time; and (ii) other interests in that land as required and as designated by the Secretary for certain construction activities undertaken in connection with the project; and (B) provided that compensation for the land and other interests was to be determined by the Secretary in such amounts as the Secretary determined to be just and equitable; (8) pursuant to that Act, the Secretary paid-- (A) to the Spokane Tribe, $4,700; and (B) to the Confederated Tribes of the Colville Reservation, $63,000; (9) in 1994, following litigation under the Act of August 13, 1946 (commonly known as the ``Indian Claims Commission Act'' (60 Stat. 1049, chapter 959; former 25 U.S.C. 70 et seq.)), Congress ratified the Colville Settlement Agreement, which required-- (A) for past use of the land of the Colville Tribes, a payment of $53,000,000; and (B) for continued use of the land of the Colville Tribes, annual payments of $15,250,000, adjusted annually based on revenues from the sale of electric power from the Grand Coulee Dam project and transmission of that power by the Bonneville Power Administration; (10) the Spokane Tribe, having suffered harm similar to that suffered by the Colville Tribes, did not file a claim within the 5-year statute of limitations under the Indian Claims Commission Act; (11) neither the Colville Tribes nor the Spokane Tribe filed claims for compensation for use of the land of the respective tribes with the Commission prior to August 13, 1951, but both tribes filed unrelated land claims prior to August 13, 1951; (12) in 1976, over objections by the United States, the Colville Tribes were successful in amending the 1951 Claims Commission land claims to add the Grand Coulee claim of the Colville Tribes; (13) the Spokane Tribe had no such claim to amend, having settled the Claims Commission land claims of the Spokane Tribe with the United States in 1967; (14) the Spokane Tribe has suffered significant harm from the construction and operation of Grand Coulee Dam; (15) Spokane tribal acreage taken by the United States for the construction of Grand Coulee Dam equaled approximately 39 percent of Colville tribal acreage taken for construction of the dam; (16) the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam; and (17) by vote of the Spokane tribal membership, the Spokane Tribe has resolved that the payments and delegation made pursuant to this Act constitute fair and equitable compensation for the past and continued use of Spokane tribal land for the production of hydropower at Grand Coulee Dam. SEC. 3. PURPOSE. The purpose of this Act is to provide fair and equitable compensation to the Spokane Tribe for the use of the land of the Spokane Tribe for the generation of hydropower by the Grand Coulee Dam. SEC. 4. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Bonneville Power Administration or the head of any successor agency, corporation, or entity that markets power produced at Grand Coulee Dam. (2) Colville settlement agreement.--The term ``Colville Settlement Agreement'' means the Settlement Agreement entered into between the United States and the Colville Tribes, signed by the United States on April 21, 1994, and by the Colville Tribes on April 16, 1994, to settle the claims of the Colville Tribes in Docket 181-D of the Indian Claims Commission, which docket was transferred to the United States Court of Federal Claims. (3) Colville tribes.--The term ``Colville Tribes'' means the Confederated Tribes of the Colville Reservation. (4) Computed annual payment.--The term ``Computed Annual Payment'' means the payment calculated under paragraph 2.b. of the Colville Settlement Agreement, without regard to any increase or decrease in the payment under section 2.d. of the agreement. (5) Confederated tribes act.--The term ``Confederated Tribes Act'' means the Confederated Tribes of the Colville Reservation Grand Coulee Dam Settlement Act (Public Law 103- 436; 108 Stat. 4577). (6) Fund.--The term ``Fund'' means the Spokane Tribe of Indians Recovery Trust Fund established by section 5. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Spokane business council.--The term ``Spokane Business Council'' means the governing body of the Spokane Tribe under the constitution of the Spokane Tribe. (9) Spokane tribe.--The term ``Spokane Tribe'' means the Spokane Tribe of Indians of the Spokane Reservation, Washington. SEC. 5. SPOKANE TRIBE OF INDIANS RECOVERY TRUST FUND. (a) Establishment of Fund.--There is established in the Treasury of the United States a separate account to be known as the ``Spokane Tribe of Indians Recovery Trust Fund'', consisting of-- (1) amounts deposited in the Fund under subsection (b); and (2) any interest earned on investment of amounts in the Fund. (b) Deposits.--On October 1 of the first fiscal year after the date of enactment of this Act, the Secretary of the Treasury shall, from the general fund of the Treasury, deposit in the Fund $53,000,000. (c) Maintenance and Investment of Fund.--The Fund shall be maintained and invested by the Secretary in accordance with the Act of June 24, 1938 (25 U.S.C. 162a). (d) Payments to the Spokane Tribe.-- (1) In general.--At any time after the date on which the Spokane Business Council has adopted a plan described in subsection (e) and after amounts are deposited in the Fund, the Spokane Business Council may request that all or a portion of the amounts in the Fund be disbursed to the Spokane Tribe by submitting to the Secretary written notice of the adoption by the Spokane Business Council of a resolution requesting the disbursement. (2) Payment.--Not later than 60 days after the date on which the Secretary receives notice under paragraph (1), the Secretary shall disburse the amounts requested from the Fund to the Spokane Tribe. (e) Plan.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Spokane Business Council shall prepare a plan that describes the manner in which the Spokane Tribe intends to use amounts received under subsection (d) to promote-- (A) economic development; (B) infrastructure development; (C) educational, health, recreational, and social welfare objectives of the Spokane Tribe and the members of the Spokane Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). (2) Review and revision.-- (A) In general.--The Spokane Business Council shall make available to the members of the Spokane Tribe for review and comment a copy of the plan before the date on which the plan is final, in accordance with procedures established by the Spokane Business Council. (B) Updates.--The Spokane Business Council may update the plan on an annual basis, subject to the condition that the Spokane Business Council provides the members of the Spokane Tribe an opportunity to review and comment on the updated plan. SEC. 6. PAYMENTS BY ADMINISTRATOR. (a) Initial Payment.--On March 1, 2017, the Administrator shall pay to the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for fiscal year 2016. (b) Subsequent Payments.-- (1) In general.--Not later than March 1, 2018, and March 1 of each year thereafter through March 1, 2026, the Administrator shall pay the Spokane Tribe an amount equal to 25 percent of the Computed Annual Payment for the preceding fiscal year. (2) March 1, 2027, and subsequent years.--Not later than March 1, 2027, and March 1 of each year thereafter, the Administrator shall pay the Spokane Tribe an amount equal to 32 percent of the Computed Annual Payment for the preceding fiscal year. SEC. 7. TREATMENT AFTER AMOUNTS ARE PAID. (a) Use of Payments.--Payments made to the Spokane Business Council or Spokane Tribe under section 5 or 6 may be used or invested by the Spokane Business Council in the same manner and for the same purposes as other Spokane Tribe governmental amounts. (b) No Trust Responsibility of the Secretary.--Neither the Secretary nor the Administrator shall have any trust responsibility for the investment, supervision, administration, or expenditure of any amounts after the date on which the funds are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6. (c) Treatment of Funds for Certain Purposes.--The payments of all amounts to the Spokane Business Council and Spokane Tribe under sections 5 and 6, and the interest and income generated by those amounts, shall be treated in the same manner as payments under section 6 of the Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgment Funds Act (100 Stat. 677). (d) Tribal Audit.--After the date on which amounts are paid to the Spokane Business Council or Spokane Tribe under section 5 or 6, the amounts shall-- (1) constitute Spokane Tribe governmental amounts; and (2) be subject to an annual tribal government audit. SEC. 8. REPAYMENT CREDIT. (a) In General.--The Administrator shall deduct from the interest payable to the Secretary of the Treasury from net proceeds (as defined in section 13 of the Federal Columbia River Transmission System Act (16 U.S.C. 838k))-- (1) in fiscal year 2026, $2,700,000; and (2) in each subsequent fiscal year in which the Administrator makes a payment under section 6, $2,700,000. (b) Crediting.-- (1) In general.--Except as provided in paragraphs (2) and (3), each deduction made under this section for the fiscal year shall be-- (A) a credit to the interest payments otherwise payable by the Administrator to the Secretary of the Treasury during the fiscal year in which the deduction is made; and (B) allocated pro rata to all interest payments on debt associated with the generation function of the Federal Columbia River Power System that are due during the fiscal year. (2) Deduction greater than amount of interest.--If, in an applicable fiscal year under paragraph (1), the deduction is greater than the amount of interest due on debt associated with the generation function for the fiscal year, the amount of the deduction that exceeds the interest due on debt associated with the generation function shall be allocated pro rata to all other interest payments due during the fiscal year. (3) Credit.--To the extent that a deduction exceeds the total amount of interest described in paragraphs (1) and (2), the deduction shall be applied as a credit against any other payments that the Administrator makes to the Secretary of the Treasury. SEC. 9. EXTINGUISHMENT OF CLAIMS. On the deposit of amounts in the Fund under section 5, all monetary claims that the Spokane Tribe has or may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam project for the past and continued use of land of the Spokane Tribe for the production of hydropower at Grand Coulee Dam shall be extinguished. SEC. 10. ADMINISTRATION. Nothing in this Act establishes any precedent or is binding on the Southwestern Power Administration, Western Area Power Administration, or Southeastern Power Administration.
. Spokane Tribe of Indians of the Spokane Reservation Equitable Compensation Act (Sec. 5) This bill establishes the Spokane Tribe of Indians Recovery Trust Fund to compensate the Spokane Business Council for the use of tribal lands for the generation of hydropower from the Grand Coulee Dam. The council must prepare a plan for the use of those payments to promote any combination of: (1) economic development; (2) infrastructure development; or (3) educational, health, recreational, and social welfare objectives of the tribe and its members. (Sec. 6) The Bonneville Power Administration must make specified settlement payments to the tribe. (Sec. 7) Payments made to the council or tribe may be used or invested by the council in the same manner as other tribal governmental funds. Amounts paid to the council are subject to an annual tribal government audit. (Sec. 8) The Bonneville Power Administration is credited a specified amount on interest payments otherwise payable to the Department of the Treasury. (Sec. 9) Deposit of amounts in the fund extinguishes all monetary claims that the tribe may have against the United States to a fair share of the annual hydropower revenues generated by the Grand Coulee Dam.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Francis W. Agnes Prisoner of War Benefits Act of 2003''. SEC. 2. IMPROVED VETERANS' BENEFITS FOR FORMER PRISONERS OF WAR. (a) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Certain Diseases.--Section 1112(b) of title 38, United States Code, is amended by striking ``and who was detained or interned for not less than thirty days'' in the matter preceding paragraph (1). (b) Repeal of Requirement for Minimum Period of Internment for Presumption of Service Connection for Dental Care.--Section 1712(a)(1)(F) of such title is amended by striking ``and who was detained or interned for a period of not less than 90 days''. (c) Additional Diseases Presumed To Be Service Connected.--Section 1112 of such title is further amended-- (1) in subsection (b)-- (A) by striking ``the disease'' and inserting ``a disease specified under subsection (d) or the disease''; (B) by striking ``or'' at the end of paragraph (14); and (C) by inserting after paragraph (15) the following new paragraphs: ``(16) heart disease, ``(17) stroke, ``(18) liver disease, ``(19) diabetes (type 2), or ``(20) osteoporosis,''; and (2) by adding at the end the following new subsection: ``(d)(1) Subsection (b) applies with respect to any disease (in addition to those specified in that subsection) that the Secretary determines in regulations prescribed under this subsection warrants a presumption of service-connection by reason of having positive association with the experience of being a prisoner of war. ``(2)(A) Whenever the Secretary determines, on the basis of sound medical and scientific evidence, that a positive association exists between (i) the experience of being a prisoner of war, and (ii) the occurrence of a disease in humans, the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for that disease for the purposes of subsection (b). ``(B) In making determinations for the purpose of this paragraph, the Secretary shall take into account (i) recommendations received by the Secretary from the Advisory Committee on Former Prisoners of War established under section 541 of this title, and (ii) all other sound medical and scientific information and analyses available to the Secretary. In evaluating any study for the purpose of making such determinations, the Secretary shall take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review. ``(C) An association between the occurrence of a disease in humans and the experience of being a prisoner of war shall be considered to be positive for the purposes of this subsection if the credible evidence for the association is equal to or outweighs the credible evidence against the association. ``(3)(A) Not later than 60 days after the date on which the Secretary receives a recommendation from the Advisory Committee on Former Prisoners of War that a presumption of service connection be established under this subsection for any disease, the Secretary shall determine whether a presumption of service connection under this subsection is warranted for that disease. If the Secretary determines that such a presumption is warranted, the Secretary, not later than 60 days after making the determination, shall issue proposed regulations setting forth the Secretary's determination. ``(B) If the Secretary determines that a presumption of service connection is not warranted, the Secretary, not later than 60 days after making the determination, shall publish in the Federal Register a notice of that determination. The notice shall include an explanation of the scientific basis for that determination. If the disease already is included in regulations providing for a presumption of service connection, the Secretary, not later than 60 days after publication of the notice of a determination that the presumption is not warranted, shall issue proposed regulations removing the presumption for the disease. ``(C) Not later than 90 days after the date on which the Secretary issues any proposed regulations under this subsection, the Secretary shall issue final regulations. Such regulations shall be effective on the date of issuance. ``(4) Whenever a disease is removed from regulations prescribed under this section-- ``(A) a veteran who was awarded compensation for such disease on the basis of the presumption provided in subsection (b) before the effective date of the removal shall continue to be entitled to receive compensation on that basis; and ``(B) a survivor of a veteran who was awarded dependency and indemnity compensation for the death of a veteran resulting from such disease on the basis of such presumption shall continue to be entitled to receive dependency and indemnity compensation on such basis. ``(5) The Secretary shall carry out this subsection in consultation with, and after taking into consideration the views of, the Advisory Committee on Former Prisoners of War established under section 541 of this title.''.
Francis W. Agnes Prisoner of War Benefits Act of 2003 - Amends Federal veterans' benefits provisions with respect to former prisoners of war to repeal the currently required: (1) 30-day minimum period of internment prior to the presumption of service connection for certain listed diseases, for purposes of the payment of veterans' disability compensation; and (2) 90-day minimum period of internment prior to eligibility for dental care furnished through the Department of Veterans Affairs. Adds the following to the listed diseases under (1), above: heart disease, stroke, liver disease, diabetes (type 2), and osteoporosis. Requires: (1) such presumption also with respect to any disease that the Secretary of Veterans Affairs determines warrants such presumption by reason of having a positive association with the experience of being a prisoner of war; and (2) the Secretary to make such a determination within 60 days after a recommendation from the Advisory Committee on Former Prisoners of War that such presumption be established for a non-listed disease.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Meals Act of 2014''. SEC. 2. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) Better Integrate Summer Education and Summer Meals Program.-- Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(A)(i)) is amended by striking ``50 percent'' each place it appears and inserting ``40 percent''. (b) Reduce Red Tape for Public-Private Partnerships.--Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by striking paragraph (8) and inserting the following: ``(8) Year-round meal service.-- ``(A) Seamless summer option for schools.--Except as otherwise determined by the Secretary, a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(B) Year-round meal service for other service institutions.--Each service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during-- ``(i) afterschool hours; ``(ii) weekends; and ``(iii) school holidays during the regular school calendar.''. (c) Improve Nutrition in Underserved, Hard-to-Reach Areas.--Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended-- (1) by striking paragraphs (9) and (10) and inserting the following: ``(9) Improve nutrition in underserved, hard-to-reach areas.-- ``(A) In general.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary may award competitive grants to service institutions selected by the Secretary to increase participation in the program at congregate feeding sites through-- ``(i) innovative approaches to limited transportation; and ``(ii) mobile meal trucks. ``(B) Eligibility.--To be selected to receive a grant under this paragraph, a service institution-- ``(i) may be located in any State; and ``(ii) shall-- ``(I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(II) meet criteria established by the Secretary; and ``(III) agree to the terms and conditions of the grant, as established by the Secretary. ``(C) Priority.--In awarding grants under this paragraph, the Secretary shall give priority to service institutions that-- ``(i) serve both breakfast and lunch; or ``(ii) offer educational or enrichment programs. ``(D) Travel reimbursement.--A service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel to satellite congregate feeding sites. ``(E) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year.''; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third Meal.--Section 13(b)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(2)) is amended by striking ``only serve lunch'' and all that follows through ``migrant children may''.
Summer Meals Act of 2014 - Amends the Richard B. Russell National School Lunch Act to redefine "areas in which poor economic conditions exist," where the summer food service program for children may operate, as areas in which at least 40% (currently, 50%) of the children have been determined to be eligible for free or reduced price school meals under the school lunch and breakfast programs. Reimburses service institutions (other than school food authorities) for up to one meal and one snack per child each day during after-school hours, weekends, and school holidays during the regular school calendar. (Currently, such institutions are reimbursed for meals and snacks served to children over the summer months or to children who are on vacation under a continuous school calendar.) Authorizes the Secretary of Agriculture (USDA) to award competitive grants to service institutions to increase participation in the summer food service program for children at congregate feeding sites through innovative approaches to limited transportation and mobile meal trucks. Allows service institutions that are participating in the summer food service program for children to serve up to three meals, or two meals and one snack, during each day of operation. (Currently, this option is reserved for camps and service institutions that serve meals primarily to migrant children.)
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. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are consistent with the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a Medicare+Choice product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or contribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (18) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (19) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred.
Medical Malpractice Rx Act - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) certain actions for damages arising from a vaccine-related injury or death; or (2) an action under the Employee Retirement Income Security Act of 1974 (ERISA).Establishes a five-year maximum statute of limitations for health care liability actions. Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages ($500,000 maximum) in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages.Requires for the award of punitive damages that the claimant establish that the harm was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others.Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device where: (1) the drug or device was subject to Food and Drug Administration (FDA) premarket safety and labeling approval; or (2) the drug is generally recognized as safe and effective pursuant to FDA conditions.Allows punitive damages if the defendant: (1) intentionally and wrongfully withheld from or misrepresented material information; or (2) made an illegal payment to an FDA official or employee.Prohibits punitive damages against a drug manufacturer or product seller relating to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging unless the court finds that such packaging or labeling is substantially out of regulatory compliance.Permits defendants to introduce evidence of collateral source payments.Entitles the prevailing party in an action to attorney's fees from the non-prevailing party under specified conditions.Specifies contingent fee limits. Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advance Fee Loan Scam Prevention Act of 1993''. SEC. 2. TITLE 18 AMENDMENT. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1033. Loan broker advance fees and fraud ``(a) It shall be unlawful for a loan broker-- ``(1) to solicit an advance fee in connection with-- ``(A) arranging or attempting to arrange consumer credit; ``(B) offering to find for any individual consumer credit; or ``(C) advising any individual as to how to obtain consumer credit; ``(2) to make or use any false or misleading representations or omit any material fact in the offer or sale of the service of a loan broker; or ``(3) to engage, directly or indirectly, in any conduct that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a loan broker, notwithstanding the absence of reliance by the person to whom the loan broker's services are offered or sold. ``(b) Whoever knowingly violates subsection (a) of this section shall be fined under this title or imprisoned for not more than 5 years, or both ``(c) Any violation of subsection (a) shall-- ``(1) be treated as a violation of a rule of the Federal Trade Commission issued pursuant to section 18(a)(1)(B) of the Federal Trade Commission Act; and ``(2) be subject to enforcement by the Federal Trade Commission under the enforcement and penalty provisions applicable to violations of such rules. ``(d) For purposes of section 3005(a) of title 39, a violation of subsection (a) of this section by any person shall constitute prima facie evidence that such person is engaged in conducting a scheme or device for obtaining money or property through the mail by means of false representations. ``(e) For purposes of this section-- ``(1) the term ``loan broker''-- ``(A) means any person who, in or affecting interstate or foreign commerce-- ``(i) for, or in expectation of, a consideration, arranges or attempts to arrange or offers to find for any individual, consumer credit; ``(ii) for, or in expectation of, a consideration, assists or advises an individual on obtaining, or attempting to obtain, consumer credit; or ``(iii) acts or purports to act for, or on behalf of, a person described in clause (i) or (ii) of this subparagraph, for the purpose of soliciting individuals interested in obtaining consumer credit; and ``(B) does not include-- ``(i) any insured depository institution (as defined in section 3(c)(2) of the Federal Deposit Insurance Act), any insured credit union (as defined in section 101(7) of the Federal Credit Union Act), or any depository institution which is eligible for deposit insurance under the Federal Deposit Insurance Act or the Federal Credit Union Act and has deposit insurance coverage provided by any State; ``(ii) any lender approved by the Federal Housing Administration, Farmers Home Administration, or Department of Veterans Affairs; ``(iii) any seller or servicer of mortgages approved by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; or ``(iv) any consumer finance company, retail installment sales company, securities broker or dealer, real estate broker or real estate salesperson, attorney, credit card company, installment loan licensee, mortgage broker or lender, or insurance company if such person is-- ``(I) licensed by and subject to regulation or supervision by any agency of the United States or by the State in which the person seeking to utilize the services of the loan broker resides; and ``(II) is acting within the scope of that license or regulation; ``(2) the term ``advance fee''-- ``(A) means any fee (including any advance payment of interest or other fees for any extension of consumer credit) which is assessed or collected by a loan broker from any person seeking the consumer credit before the extension of such credit; and ``(B) does not include-- ``(i) any amount that the loan broker can demonstrate is collected solely for the purpose of payment to unaffiliated, third party vendors for actual expenses incurred and payable before the extension of any consumer credit; or ``(ii) any application fee or other charge assessed or collected-- ``(I) by a retail seller of property that is primarily for personal, family, or household purposes or automobiles; ``(II) in connection with a consumer credit transaction in which a purchase money security interest arising under an installment sales contract (or any equivalent consensual security interest) is created or retained against any such property or automobile being sold by the retail seller to the person seeking the extension of credit; or ``(III) in connection with a residential real estate transaction that is secured by a first lien on the property, including a purchase, refinancing, or consolidation of an extension of credit; and ``(3) the terms ``consumer'' and ``credit'' have the meanings given to such terms in section 103 of the Truth in Lending Act.''. (b) Civil Forfeiture.--Section 981(a)(1)(C) of title 18, United States Code, is amended-- (1) by striking ``title or a violation'' and inserting ``title, a violation''; and (2) by inserting ``, or a violation of section 1033 of this title'' before the period. (c) Clerical Amendment.--The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``1033. Loan broker advance fees and fraud.''.
Advance Fee Loan Scam Prevention Act of 1993 - Amends Federal criminal law to prohibit the receipt of advance fees by unregulated loan brokers arranging consumer credit for individuals. Grants the Federal Trade Commission enforcement powers under this Act. Establishes criminal penalties and civil forfeiture penalties for violations of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Prohibiting Detention of Youth Status Offenders Act of 2014''. SEC. 2. DEINSTITUTIONALIZATION OF STATUS OFFENDERS. Section 223 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5633) is amended-- (1) in subsection (a)(11)-- (A) in the matter preceding subparagraph (A), by striking ``shall,''; (B) in subparagraph (A)-- (i) in clause (i), by adding ``and'' at the end; (ii) in clause (ii), by striking ``and'' at the end; (iii) by striking clause (iii); and (iv) in the matter following clause (iii), by striking ``and'' at the end; and (C) by adding at the end the following: ``(C) if a court determines that a juvenile should be placed in a secure detention facility or secure correctional facility for violating an order described in subparagraph (A)(ii)-- ``(i) the court shall issue a written order that-- ``(I) identifies the valid court order that the juvenile has violated; ``(II) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated the order; ``(III) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention facility or secure correctional facility, with due consideration to the best interest of the juvenile; ``(IV) specifies the length of time, not to exceed 3 days, that the juvenile may remain in a secure detention facility or secure correctional facility; ``(V) includes a plan for the release of the juvenile from the secure detention facility or secure correctional facility; and ``(VI) may not be renewed or extended; and ``(ii) the court may not issue a subsequent order described in clause (i) relating to a juvenile, unless the juvenile violates a valid court order after the date on which the court issues an order described in clause (i); ``(D) there are procedures in place to ensure that a juvenile held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) does not remain in a secure detention facility or secure correctional facility longer than 3 days (with the exception of weekends and holidays) or the length of time authorized by the court, or authorized under applicable State law, whichever is shorter; and ``(E) a juvenile status offender held in a secure detention facility or secure correctional facility pursuant to a court order described in subparagraph (C)(i) may only be held in a secure detention facility or secure correctional facility 1 time in any 6-month period, provided that the conditions set forth in subparagraph (C) are satisfied.''; and (2) by adding at the end the following: ``(g) Additional Requirement.--Not later than 1 year after the date of enactment of this subsection, no State receiving a formula grant under this part may use a valid court order described in subsection (a)(11)(A)(ii) to place a juvenile status offender in a secure detention facility or secure correctional facility. A State that can demonstrate hardship as determined by the Administrator may submit to the Administrator an application for a single 1-year extension to comply with the requirement described in this subsection, which shall describe-- ``(1) the measurable progress and good faith effort in the State to reduce the number of juvenile status offenders who are placed in a secure detention facility or correctional facility pursuant to a court order described in subsection (a)(11)(A)(ii); and ``(2) a plan to comply with the requirement described in this subsection not later than 1 year after the date the extension is granted.''.
Prohibiting Detention of Youth Status Offenders Act of 2014 - Amends the Juvenile Justice and Delinquency Prevention Act of 1974, with respect to the detention of a juvenile status offender (a juvenile arrested for an offense that would not be a crime if committed by an adult) who violates a valid court order, to require the court placing such juvenile in detention to issue a written order that: (1) identifies the valid court order that the juvenile has violated; (2) specifies the factual basis for determining that there is reasonable cause to believe that the juvenile has violated such order; (3) includes findings of fact to support a determination that there is no appropriate less restrictive alternative available to placing the juvenile in a secure detention or correctional facility, with due consideration to the best interest of the juvenile; (4) specifies the length of time, not to exceed three days, that the juvenile may remain in such facility and includes a plan for the juvenile's release; and (5) may not be renewed or extended. Requires that procedures be put in place to ensure that a juvenile held in a secure detention or correctional facility does not remain in such facility longer than three days or the length of time authorized by the court, or authorized under state law, whichever is shorter. Prohibits the detention of a juvenile more than once in any six-month period. Prohibits, one year after the enactment of this Act, a state that receives a formula grant under the juvenile justice and delinquency prevention program from using a valid court order to place a juvenile status offender in a secure detention or correctional facility. Allows a state that demonstrates hardship to apply for a single one-year extension of time to comply with the requirement to eliminate such use of court orders.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``DHS Multiyear Acquisition Strategy Act of 2017''. SEC. 2. MULTIYEAR ACQUISITION STRATEGY. (a) In General.--Subtitle D of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 391 et seq.) is amended by adding at the end the following new section: ``SEC. 836. MULTIYEAR ACQUISITION STRATEGY. ``(a) Multiyear Acquisition Strategy Required.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary shall submit to the appropriate congressional committees and the Comptroller General of the United States a multiyear acquisition strategy to guide the overall direction of the acquisitions of the Department while allowing flexibility to deal with ever- changing threats and risks, and to help industry better understand, plan, and align resources to meet the future acquisition needs of the Department. Such strategy shall be updated and included in each Future Years Homeland Security Program required under section 874. ``(2) Form.--The strategy required under paragraph (1) shall be submitted in unclassified form but may include a classified annex for any sensitive or classified information if necessary. The Secretary shall publish such strategy in an unclassified format that is publicly available. ``(b) Consultation.--In developing the strategy required under subsection (a), the Secretary shall, as the Secretary determines appropriate, consult with headquarters, components, employees in the field, and individuals from industry and the academic community. ``(c) Contents of Strategy.--The strategy shall include the following: ``(1) Prioritized list.--A systematic and integrated prioritized list developed by the Under Secretary for Management in coordination with all of the Component Acquisition Executives of Department major acquisition programs that Department and component acquisition investments seek to address, including the expected security and economic benefit of the program or system that is the subject of acquisition and an analysis of how the security and economic benefit derived from such program or system will be measured. ``(2) Inventory.--A plan to develop a reliable Department- wide inventory of investments and real property assets to help the Department-- ``(A) plan, budget, schedule, and acquire upgrades of its systems and equipment; and ``(B) plan for the acquisition and management of future systems and equipment. ``(3) Funding gaps.--A plan to address funding gaps between funding requirements for major acquisition programs and known available resources, including, to the maximum extent practicable, ways of leveraging best practices to identify and eliminate overpayment for items to-- ``(A) prevent wasteful purchasing; ``(B) achieve the greatest level of efficiency and cost savings by rationalizing purchases; ``(C) align pricing for similar items; and ``(D) utilize purchase timing and economies of scale. ``(4) Identification of capabilities.--An identification of test, evaluation, modeling, and simulation capabilities that will be required to-- ``(A) support the acquisition of technologies to meet the needs of such strategy; ``(B) leverage to the greatest extent possible emerging technological trends and research and development trends within the public and private sectors; and ``(C) identify ways to ensure that appropriate technology is acquired and integrated into the Department's operating doctrine to improve mission performance. ``(5) Focus on flexible solutions.--An assessment of ways the Department can improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking in order to meet its acquisition needs with resiliency, agility, and responsiveness to assure homeland security and facilitate trade. ``(6) Focus on incentives to save taxpayer dollars.--An assessment of ways the Department can develop incentives for program managers and senior Department acquisition officials to-- ``(A) prevent cost overruns; ``(B) avoid schedule delays; and ``(C) achieve cost savings in major acquisition programs. ``(7) Focus on addressing delays and bid protests.--An assessment of ways the Department can improve the acquisition process to minimize cost overruns in-- ``(A) requirements development; ``(B) procurement announcements; ``(C) requests for proposals; ``(D) evaluation of proposals; ``(E) protests of decisions and awards; and ``(F) the use of best practices. ``(8) Focus on improving outreach.--An identification and assessment of ways to increase opportunities for communication and collaboration with industry, small and disadvantaged businesses, intra-government entities, university centers of excellence, accredited certification and standards development organizations, and national laboratories to ensure that the Department understands the market for technologies, products, and innovation that is available to meet its mission needs and to inform the Department's requirements-setting process before engaging in an acquisition, including-- ``(A) methods designed especially to engage small and disadvantaged businesses, a cost-benefit analysis of the tradeoffs that small and disadvantaged businesses provide, information relating to barriers to entry for small and disadvantaged businesses, and information relating to unique requirements for small and disadvantaged businesses; and ``(B) within the Department Vendor Communication Plan and Market Research Guide, instructions for interaction by acquisition program managers with such entities to-- ``(i) prevent misinterpretation of acquisition regulations; and ``(ii) permit, within legal and ethical boundaries, interacting with such entities with transparency. ``(9) Competition.--A plan regarding competition under subsection (d). ``(10) Acquisition workforce.--A plan regarding the Department acquisition workforce under subsection (e). ``(d) Competition Plan.--The strategy required under subsection (a) shall also include a plan to address actions to ensure competition, or the option of competition, for major acquisition programs. Such plan may include assessments of the following measures in appropriate cases if such measures are cost effective: ``(1) Competitive prototyping. ``(2) Dual-sourcing. ``(3) Unbundling of contracts. ``(4) Funding of next-generation prototype systems or subsystems. ``(5) Use of modular, open architectures to enable competition for upgrades. ``(6) Acquisition of complete technical data packages. ``(7) Periodic competitions for subsystem upgrades. ``(8) Licensing of additional suppliers, including small businesses. ``(9) Periodic system or program reviews to address long- term competitive effects of program decisions. ``(e) Acquisition Workforce Plan.-- ``(1) Acquisition workforce.--The strategy required under subsection (a) shall also include a plan to address Department acquisition workforce accountability and talent management that identifies the acquisition workforce needs of each component performing acquisition functions and develops options for filling such needs with qualified individuals, including a cost-benefit analysis of contracting for acquisition assistance. ``(2) Additional matters covered.--The acquisition workforce plan under this subsection shall address ways to-- ``(A) improve the recruitment, hiring, training, and retention of Department acquisition workforce personnel, including contracting officer's representatives, in order to retain highly qualified individuals who have experience in the acquisition life cycle, complex procurements, and management of large programs; ``(B) empower program managers to have the authority to manage their programs in an accountable and transparent manner as such managers work with the acquisition workforce; ``(C) prevent duplication within Department acquisition workforce training and certification requirements through leveraging already-existing training within the Federal Government, academic community, or private industry; ``(D) achieve integration and consistency with Government-wide training and accreditation standards, acquisition training tools, and training facilities; ``(E) designate the acquisition positions that will be necessary to support the Department acquisition requirements, including in the fields of-- ``(i) program management; ``(ii) systems engineering; ``(iii) procurement, including contracting; ``(iv) test and evaluation; ``(v) life cycle logistics; ``(vi) cost estimating and program financial management; and ``(vii) additional disciplines appropriate to Department mission needs; ``(F) strengthen the performance of contracting officers' representatives (as defined in subpart 1.602- 2 and subpart 2.101 of the Federal Acquisition Regulation), including by-- ``(i) assessing the extent to which such representatives are certified and receive training that is appropriate; ``(ii) assessing what training is most effective with respect to the type and complexity of assignment; and ``(iii) implementing actions to improve training based on such assessments; and ``(G) identify ways to increase training for relevant investigators and auditors of the Department to examine fraud in major acquisition programs, including identifying opportunities to leverage existing Government and private sector resources in coordination with the Inspector General of the Department. ``(f) Definitions.--In this section: ``(1) Acquisition.--The term `acquisition' has the meaning given such term in section 131 of title 41, United States Code. ``(2) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. ``(3) Best practices.--The term `best practices', with respect to acquisition, means-- ``(A) a knowledge-based approach to capability development that includes identifying and validating needs; ``(B) assessing alternatives to select the most appropriate solution; ``(C) clearly establishing well-defined requirements; ``(D) developing realistic cost assessments and schedules; ``(E) securing stable funding that matches resources to requirements; ``(F) demonstrating technology, design, and manufacturing maturity; ``(G) using milestones and exit criteria or specific accomplishments that demonstrate progress; ``(H) adopting and executing standardized processes with known success across programs; ``(I) establishing an adequate workforce that is qualified and sufficient to perform necessary functions; and ``(J) integrating into the mission and business operations of the Department of Homeland Security the capabilities described in subparagraphs (A) through (I). ``(4) Component acquisition executive.--The term `Component Acquisition Executive' means the senior acquisition official within a component who is designated in writing by the Under Secretary for Management, in consultation with the component head, with authority and responsibility for leading a process and staff to provide acquisition and program management oversight, policy, and guidance to ensure that statutory, regulatory, and higher level policy requirements are fulfilled, including compliance with Federal law, the Federal Acquisition Regulation, and Department acquisition management directives established by the Under Secretary for Management. ``(5) Major acquisition program.--The term `major acquisition program' means a Department acquisition program that is estimated by the Secretary to require an eventual total expenditure of at least $300,000,000 (based on fiscal year 2017 constant dollars) over its life cycle cost.''. (b) Clerical Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 835 the following new item: ``Sec. 836. Multiyear acquisition strategy.''. SEC. 3. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW OF MULTIYEAR ACQUISITION STRATEGY. (a) Review.--After submission of the first multiyear acquisition strategy in accordance with section 836 of the Homeland Security Act of 2002 (as added by section 2 of this Act) after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of such plan within 180 days to analyze the viability of such plan's effectiveness in the following: (1) Complying with the requirements of such section 836. (2) Establishing clear connections between Department of Homeland Security objectives and acquisition (as such term is defined in such section) priorities. (3) Demonstrating that Department acquisition policy reflects program management best practices (as such term is defined in such section) and standards. (4) Ensuring competition or the option of competition for major acquisition programs (as such term is defined in such section). (5) Considering potential cost savings through using already-existing technologies when developing acquisition program requirements. (6) Preventing duplication within Department acquisition workforce training requirements through leveraging already- existing training within the Federal Government, academic community, or private industry. (7) Providing incentives for acquisition program managers to reduce acquisition and procurement costs through the use of best practices and disciplined program management. (b) Report.--The Comptroller General of the United States shall submit to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate a report on the review conducted under this section. Such report shall be submitted in unclassified form but may include a classified annex. Passed the House of Representatives March 20, 2017. Attest: KAREN L. HAAS, Clerk.
DHS Multiyear Acquisition Strategy Act of 2017 (Sec. 2) This bill amends the Homeland Security Act of 2002 to direct the Department of Homeland Security (DHS) to submit a multiyear acquisition strategy that allows flexibility to deal with ever-changing threats and risks and that helps industry align resources to meet DHS needs. Such strategy shall be updated and included in each required Future Years Homeland Security Program. The strategy shall include: a prioritized list of major acquisition programs that DHS and component acquisition investments seek to address, a plan to develop a reliable DHS-wide inventory of investments and real property assets to help DHS plan and acquire upgrades of its systems and equipment and plan for acquisition and management of future systems and equipment; a plan to address gaps between funding requirements for major acquisition programs and available resources, identification of capabilities required to support the acquisition of technologies to meet the needs of such strategy, identification of ways to increase opportunities for outreach to ensure that DHS understands the market to meet its mission needs, a plan to ensure competition for major acquisition programs, and an acquisition workforce plan. The strategy also shall include assessments of ways DHS can: improve its ability to test and acquire innovative solutions to allow needed incentives and protections for appropriate risk-taking; develop incentives for program managers and senior DHS acquisition officials to prevent cost overruns, avoid schedule delays, and achieve cost savings; and improve the acquisition process to minimize cost overruns. (Sec. 3) The Government Accountability Office shall review the strategy to analyze its effectiveness in meeting specified objectives.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Antiterrorism Cooperation through Technology and Science Act'' or the ``PACTS Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy. (2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of equipment, capabilities, technologies, and services that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism. (3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security. (4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and telecommunications. (5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. (6) The establishment of an office to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events. SEC. 3. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION ACT. (a) In General.--The Homeland Security Act of 2002 is amended by inserting after section 313 (6 U.S.C. 193) the following: ``SEC. 314. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director selected under subsection (b)(2). ``(2) International cooperative activity.--The term `international cooperative activity' includes-- ``(A) coordinated research projects, joint research projects, or joint ventures; ``(B) joint studies or technical demonstrations; ``(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops; ``(D) training of scientists and engineers; ``(E) visits and exchanges of scientists, engineers, or other appropriate personnel; ``(F) exchanges or sharing of scientific and technological information; and ``(G) joint use of laboratory facilities and equipment. ``(b) Science and Technology Homeland Security International Cooperative Programs Office.-- ``(1) Establishment.--The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office. ``(2) Director.--The Office shall be headed by a Director, who-- ``(A) shall be selected by and shall report to the Under Secretary; and ``(B) may be an officer of the Department serving in another position. ``(3) Responsibilities.-- ``(A) Development of mechanisms.--The Director shall be responsible for developing, in consultation with the Department of State, understandings or agreements that allow and support international cooperative activity in support of homeland security research, development, and comparative testing. ``(B) Priorities.--The Director shall be responsible for developing, in coordination with the Directorate of Science and Technology, the other components of the Department of Homeland Security, and other Federal agencies, strategic priorities for international cooperative activity in support of homeland security research, development, and comparative testing. ``(C) Activities.--The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses, federally funded research and development centers, and universities. ``(D) Identification of partners.--The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities. ``(4) Coordination.--The Director shall ensure that the activities under this subsection are coordinated with those of other relevant research agencies, and may run projects jointly with other agencies. ``(5) Conferences and workshops.--The Director may hold international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. ``(c) International Cooperative Activities.-- ``(1) Authorization.--The Under Secretary is authorized to carry out international cooperative activities to support the responsibilities specified under section 302. ``(2) Mechanisms and equitability.--In carrying out this section, the Under Secretary may award grants to and enter into cooperative agreements or contracts with United States governmental organizations, businesses (including small businesses and small and disadvantaged businesses), federally funded research and development centers, institutions of higher education, and foreign public or private entities. The Under Secretary shall ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complementary activities, or through provision of staff, facilities, materials, or equipment. ``(3) Loans of equipment.--The Under Secretary may make or accept loans of equipment for research and development and comparative testing purposes. ``(4) Cooperation.--The Under Secretary is authorized to conduct international cooperative activities jointly with other agencies. ``(5) Foreign partners.--Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism, as appropriate. ``(6) Exotic diseases.--As part of the international cooperative activities authorized in this section, the Under Secretary, in coordination with the Chief Medical Officer, may facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including nations in Africa, to strengthen American preparedness against threats to the Nation's agricultural and public health sectors from exotic diseases. ``(d) Budget Allocation.--There are authorized to be appropriated to the Secretary, to be derived from amounts otherwise authorized for the Directorate of Science and Technology, $25,000,000 for each of the fiscal years 2008 through 2011 for activities under this section. ``(e) Foreign Reimbursements.--Whenever the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology. ``(f) Report to Congress on International Cooperative Activities.-- ``(1) Initial report.--Not later than 180 days after the date of enactment of this section, the Under Secretary, acting through the Director, shall transmit to the Congress a report containing-- ``(A) a brief description of each partnership formed under subsection (b)(4), including the participants, goals, and amount and sources of funding; and ``(B) a list of international cooperative activities underway, including the participants, goals, expected duration, and amount and sources of funding, including resources provided to support the activities in lieu of direct funding. ``(2) Updates.--At the end of the fiscal year that occurs 5 years after the transmittal of the report under subsection (a), and every 5 years thereafter, the Under Secretary, acting through the Director, shall transmit to the Congress an update of the report required under subsection (a).''. (b) Clerical Amendment.--The table of contents for the Homeland Security Act of 2002 is amended by adding after the item relating to section 313 the following new item: ``Sec. 314. Promoting antiterrorism through international cooperation program.''. Passed the House of Representatives February 27, 2007. Attest: LORRAINE C. MILLER, Clerk.
Promoting Antiterrorism Cooperation through Technology and Science Act, or PACTS Act - Amends the Homeland Security Act of 2002 to direct the Under Secretary for Science and Technology of the Department of Homeland Security (DHS) to establish the Science and Technology Homeland Security International Cooperative Programs Office (the Office). Provides for the Office to be headed by a Director, who: (1) shall be selected by and shall report to the Under Secretary; and (2) may be an officer of DHS serving in another position. Requires the Director to: (1) develop, in consultation with the Department of State, understandings or agreements that allow and support international cooperative activity in support of homeland security research, development, and comparative testing; (2) develop, in coordination with the Directorate of Science and Technology, the other components of DHS, and other federal agencies, strategic priorities for such activity; and (3) facilitate the planning, development, and implementation of international cooperative activity to address such priorities. Requires the Director to: (1) facilitate the matching of U.S. entities with non-U.S. entities that may partner in homeland security research activities; and (2) ensure that activities are coordinated with those of other relevant research agencies. Permits the Director to run projects jointly with other agencies. Authorizes the Director to hold international homeland security technology workshops and conferences to improve contact among the international community of technology developers and to help establish direction for future technology goals. Authorizes the Under Secretary to carry out international cooperative activities to support specified responsibilities of the Under Secretary, including through the award of grants and the entering into of cooperative agreements or contracts. Instructs the Under Secretary to ensure that funding and resources expended in international cooperative activities will be equitably matched by the foreign partner organization through direct funding or funding of complimentary activities, or through the provision of staff, facilities, materials, or equipment. Permits the Under Secretary to make or accept loans of equipment for research and development and comparative testing purposes. Authorizes the Under Secretary to conduct international cooperative activities jointly with other agencies. Specifies that foreign partners may include: (1) Israel; (2) the United Kingdom; (3) Canada; (4) Australia; (5) Singapore; and (6) other allies in the global war on terrorism, as appropriate. Authorizes the Under Secretary, in coordination with the Chief Medical Officer, as part of the international cooperative activities authorized by this Act, to facilitate the development of information sharing and other types of cooperative mechanisms with foreign countries, including African nations, to strengthen American preparedness against threats to the U.S's agricultural and public health sectors from exotic diseases. Authorizes appropriations to the Secretary of DHS, which shall be derived from amounts otherwise authorized for the Directorate of Science and Technology, for FY2008-FY2011 for activities under this Act. States that, whenever the Office participates in an international cooperative activity with a foreign country on a cost-sharing basis, any reimbursements or contributions received from that foreign country to meet its share of the project may be credited to appropriate current appropriations accounts of the Directorate of Science and Technology. Requires the Under Secretary, acting through the Director, to transmit: (1) a specified report to Congress on such international cooperative activities; and (2) updates of such report every five years.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Educator Appreciation and Classroom Help Act''. SEC. 2. REFUNDABLE CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. ELEMENTARY AND SECONDARY EDUCATION TEACHERS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed a credit in the amount of $1,000 against the tax imposed by this subtitle for the taxable year. ``(b) Eligible Teacher.--For purposes of this section, the term `eligible teacher' means-- ``(1) an eligible educator, as defined in section 62(d)(1), and ``(2) an individual teaching at the elementary education or secondary education level in a home school. ``(c) School.--For purposes of this section, the term `school' has the meaning provided by section 62(d)(1)(B).''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking ``or'' after ``1978,'' and by inserting before the period ``, or enacted by the Educator Appreciation and Classroom Help Act''. (2) 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 last item and inserting the following new items: ``Sec. 35. Elementary and secondary education teachers. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 3. 2-PERCENT FLOOR ON MISCELLANEOUS ITEMIZED DEDUCTIONS NOT TO APPLY TO QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Qualified Professional Development Expenses Deduction.--Section 67(b) of the Internal Revenue Code of 1986 (defining miscellaneous itemized deductions) is amended by striking ``and'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, and'', and by adding at the end the following new paragraph: ``(13) any deduction allowable for the qualified professional development expenses of an eligible educator.''. (b) Definitions.--Section 67 of such Code (relating to 2-percent floor on miscellaneous itemized deductions) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Qualified Professional Development Expenses of Eligible Educators.--For purposes of subsection (b)(13)-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses-- ``(i) for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction, and ``(ii) with respect to which a deduction is allowable under section 162 (determined without regard to this section). ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) at an institution of higher education (as defined in sections 101 and 102 of the Higher Education Act of 1965 (20 U.S.C. 1001 and 1002)), or ``(II) a professional conference, and ``(ii) is part of a program of professional development which is approved and certified as furthering the individual's teaching skills by-- ``(I) in the case of a public school, the appropriate local educational agency, and ``(II) in the case of a private school, the school that employs the eligible educator. ``(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 (20 U.S.C. 8801). ``(2) Eligible educator.--The term `eligible educator' has the meaning provided by 62(d)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 4. EXPANSION OF ABOVE-THE-LINE DEDUCTION FOR CLASSROOM SUPPLIES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Permanent Extension and Increase.--Section 62(a)(2) (relating to certain trade and business deductions of employees) is amended by striking ``In the case of taxable years beginning during 2002 or 2003, the deductions allowed by section 162 which consist of expenses, not in excess of $250'' and inserting ``In the case of taxable years beginning after December 31, 2002, the deductions allowed by section 162 which consist of expenses, not in excess of $2,000''. (b) Coverage of Private Schools.--Subparagraph (A) of section 62(d)(1) is amended by striking ``aide in a school'' and inserting ``aide in a public or private school''. (c) Deduction Allowed for Certain Expenses of Home School Teachers.-- (1) In general.--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 223 as section 224 and by inserting after section 222 the following new section: ``SEC. 223. HOME SCHOOL EXPENSES. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction an amount equal to expenses paid or incurred by an eligible home school educator in connection with books, supplies, computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible home school educator in home schooling. ``(b) Limitation.--The amount allowable as a deduction under subsection (a) shall not exceed $2,000. ``(c) Eligible Home School Educator.--For purposes of this section, an eligible home school educator is an individual teaching at the elementary education or secondary education level in a home school. ``(d) School.--For purposes of this section, the term `school' has the meaning provided by section 62(d)(1)(B).''. (2) Clerical amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 223. Home school expenses. ``Sec. 224. Cross reference.'' (3) Deduction allowed whether or not taxpayer itemizes other deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (18) the following new paragraph: ``(19) Home school expenses.--The deduction allowed by section 223.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002.
Educator Appreciation and Classroom Help Act - Amends the Internal Revenue Code to permit a $1,000 tax credit for "eligible" primary and secondary school teachers and home school teachers. Defines "eligible" teachers. Eliminates the two-percent floor on miscellaneous itemized deductions from applying to various costs incurred by eligible elementary and secondary school teachers for certain courses to enhance teaching skills.Expands the deduction for eligible elementary and secondary school teachers for unreimbursed costs of classroom supplies to up to $2,000 (currently the maximum allowed deduction is $250) and allows home school educators a deduction of up to $2,000 for supplies.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to provide a refundable tax credit of $1,000 to teachers of elementary and secondary school students, and to provide and expand deductions for unreimbursed expenses for continuing education and classroom materials for such teachers."}
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.--For purposes of section 822(a)(2), the term `joint resolution' means only a joint resolution of the two Houses of Congress--- ``(1) the matter after the resolving clause of which is as follows: `That the Congress hereby concurs in the determination and report of the President relating to compliance by North Korea with certain international obligations transmitted pursuant to section 822(a)(1) of the North Korea Threat Reduction Act of 1999.'; ``(2) which does not have a preamble; and ``(3) the title of which is as follows: `Joint Resolution relating to compliance by North Korea with certain international obligations pursuant to the North Korea Threat Reduction Act of 1999.'. ``(b) Congressional Review Procedures.-- ``(1) Rulemaking.--The provisions of this section are enacted by the Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and, as such, shall be considered as part of the rules of either House and shall supersede other rules only to the extent they are inconsistent therewith; and ``(B) with full recognition of the constitutional right of either House to change the rules so far as they relate to the procedures 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. ``(2) Introduction and referral.-- ``(A) Introduction.--A joint resolution described in subsection (a)-- ``(i) shall be introduced in the House of Representatives by the majority leader or minority leader or by a Member of the House of Representatives designated by the majority leader or minority leader; and ``(ii) shall be introduced in the Senate by the majority leader or minority leader or a Member of the Senate designated by the majority leader or minority leader. ``(B) Referral.--The joint resolution shall be referred to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate. ``(3) Discharge of Committees.--If a committee to which a joint resolution described in subsection (a) is referred has not reported such joint resolution by the end of 30 days beginning on the date of its introduction, such committee shall be discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(4) Floor Consideration in the House of Representatives.-- ``(A) In general.--On or after the third calendar day (excluding Saturdays, Sundays, or legal holidays, except when the House of Representatives is in session on such a day) after the date on which the committee to which a joint resolution described in subsection (a) is referred has reported, or has been discharged from further consideration of, such a joint resolution, it shall be in order for any Member of the House to move to proceed to the consideration of the joint resolution. A Member of the House may make the motion only on the day after the calendar day on which the Member announces to the House the Member's intention to do so. Such motion is privileged and is not debatable. The motion is not subject to amendment or to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution which shall remain the unfinished business until disposed of. ``(B) Debate.--Debate on a joint resolution described in subsection (a), and on all debatable motions and appeals in connection therewith, shall be limited to not more than two hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and is not debatable. A motion to table, a motion to postpone, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(C) Appeals.--Appeals from the decisions of the Chair to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. ``(5) Floor consideration in the senate.--Any joint resolution described in subsection (a) shall be considered in the Senate in accordance with the provisions of section 601(b)(4) of the International Security Assistance and Arms Export Control Act of 1976. ``(6) Consideration by the other house.--If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: ``(A) The joint 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 joint resolution described in subsection (a) of the House receiving the joint resolution-- ``(i) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but ``(ii) the vote on final passage shall be on the joint resolution of the other House. ``(C) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(7) Computation of days.--In the computation of the period of 30 days referred to in paragraph (3), there shall be excluded the days on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain or because of an adjournment of the Congress sine die.''. SEC. 3. EXPANSION OF RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. Section 822(a) of the North Korea Threat Reduction Act of 1999 is amended by striking ``such agreement,'' both places it appears and inserting in both places ``such agreement (or that are controlled under the Export Trigger List of the Nuclear Suppliers Group),''. Passed the House of Representatives May 15, 2000. Attest: JEFF TRANDAHL, Clerk.
Prohibits any such agreement, export license, or transfer of any such items unless Congress approves the President's report by enactment of a joint resolution.Subjects to the same prohibition and approval requirements any export license for, or transfer or retransfer to North Korea of, any nuclear material, facilities, goods, services, or technology controlled under the Export Trigger List of the Nuclear Suppliers Group.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Everson Walls and Ron Springs Gift for Life Act of 2014''. SEC. 2. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371A the following: ``SEC. 371B. NATIONAL ORGAN AND TISSUE DONOR REGISTRY RESOURCE CENTER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish a National Organ and Tissue Donor Registry Resource Center (referred to in this section as the `Center'). ``(b) Duties.--The Center shall-- ``(1) advance the development, expansion, and evaluation of State organ and tissue donor registries; ``(2) facilitate timely access to and exchange of accurate donor information between State registries 7 days each week on a 24-hour basis; ``(3) ensure that State organ and tissue donor registries funded through section 371C are in compliance with the requirements described in such section, including the operating standards described in section 371C(d); ``(4) provide technical assistance to States for the establishment and operation of State organ and tissue registries; and ``(5) maintain a registry information clearinghouse, including by maintaining a Web site, to collect, synthesize, and disseminate best practices information about organ and tissue donor registries. ``(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2015 through 2019.''. SEC. 3. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371B, as inserted by section 2, the following: ``SEC. 371C. GRANTS FOR STATE ORGAN AND TISSUE DONOR REGISTRIES. ``(a) Program Authorized.--The Secretary shall award grants or cooperative agreements to eligible entities to support the development, enhancement, expansion, and evaluation of State organ and tissue donor registries. ``(b) Definition.--In this section, the term `eligible entity' means a State agency or a State contracted entity. ``(c) Use of Funds.--As a condition on the receipt of a grant or cooperative agreement under this section, an eligible entity shall agree to use the grant or cooperative agreement-- ``(1) to develop, expand, or maintain a State organ and tissue donor registry; and ``(2) to establish benchmarks for improvement in organ and tissue donation in the State. ``(d) Operating Standards.--As a condition on the receipt of a grant or cooperative agreement under this section for a State organ and tissue donor registry, an eligible entity shall agree to maintain the registry in accordance with the following: ``(1) The registry must allow a donor or any other person authorized by the donor to include in the registry a statement or symbol that the donor has made, amended, or revoked an anatomical gift. ``(2) The registry must be accessible to any qualified organ procurement organization described in section 371(b) to allow the organization to obtain relevant information on the registry to determine, at or near the death of the donor or a prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(3) The registry must be accessible as described in paragraphs (1) and (2) 7 days each week on a 24-hour basis. ``(4) The registry must ensure that personally identifiable information on the registry about a donor or prospective donor may not be used or disclosed without the express consent of the donor or prospective donor for any purpose other than to determine, at or near the death of the donor or prospective donor, whether the donor or prospective donor has made, amended, or revoked an anatomical gift. ``(e) Application.--To seek a grant or cooperative agreement under this section, an entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. ``(f) Report.--As a condition on the receipt of a grant or cooperative agreement under this section, not later than 180 days after receipt of the grant or cooperative agreement, and every 180 days thereafter (through the date of completion of the activities funded through the grant or cooperative agreement), an eligible entity shall prepare and submit a report to the Secretary that-- ``(1) describes the manner in which such entity has used amounts received through the grant or cooperative agreement; and ``(2) assesses initiatives that may be replicated in other States. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2015 through 2019.''. SEC. 4. LIMITATION ON LIABILITY. Part H of title III of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended by inserting after section 371C, as inserted by section 3, the following: ``SEC. 371D. LIMITATION ON LIABILITY. ``No person may be held civilly liable by reason of having harvested or taken an individual's organs or tissues without having obtained valid consent for the harvesting or taking, if-- ``(1) such person has verified that, at the time of the harvesting or taking, the individual is registered as a donor with a State organ and tissue donor registry; and ``(2) the harvesting or taking is within the scope of the consent given by such individual for purposes of such registration.''. SEC. 5. STUDY ON FEASIBILITY OF ESTABLISHING A LIVING DONOR DATABASE. Section 371A of the Public Health Service Act (42 U.S.C. 273a) is amended-- (1) by striking ``The Secretary may establish'' and inserting ``(a) In General.--The Secretary may establish''; and (2) by adding at the end the following: ``(b) Study.--Not later than 1 year after the date of the enactment of the Everson Walls and Ron Springs Gift for Life Act of 2014, the Comptroller General of the United States shall-- ``(1) complete a study to determine the feasibility of establishing a living donor database for the purpose of tracking the short- and long-term health effects for such donors associated with living organ donation; and ``(2) submit a report to the Congress on the results of such study.''.
Everson Walls and Ron Springs Gift for Life Act of 2014 - Amends the Public Health Service Act to require the Administrator of the Health Resources and Services Administration to establish a National Organ and Tissue Donor Registry Resource Center. Requires the Center to: (1) advance the development, expansion, and evaluation of state organ donor registries; (2) facilitate timely exchange of donor information between state registries; and (3) maintain a clearinghouse for information on registry best practices. Directs the Secretary of Health and Human Services (HHS) to award grants to states in order to develop, expand, or maintain state organ donor registries and establish benchmarks for improvement in organ donation. Requires a state registry that receives a grant to be accessible to individual donors and the Center. Eliminates civil liability for a person taking an individual's organs as long as the person verified the individual's consent with a state organ donor registry. Requires the Comptroller General (GAO) to study the feasibility of establishing a database to track the health effects of living organ donation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Imported Fire Ant Control, Management, and Eradication Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) imported fire ants infest at least 13 southern and southeastern States and over 275,000,000 acres; (2) the annual fire ant impact on Texas alone is estimated at $300,000,000, including-- (A) an annual fire ant impact on the cattle industry in Texas of an estimated $67,000,000; (B) fire ant infestation of approximately 56,000,000 acres, or \2/3\, of Texas; and (C) an annual expenditure, in the 5 major metropolitan areas of Texas, of an estimated $93,000,000 on treatment, medical costs, and repairs from fire ant infestation; (3) the annual fire ant impact on Georgia is estimated at $46,000,000, including an annual fire ant impact on households in Georgia of an estimated $12,000,000; (4)(A) row crop farmers in southern Arkansas experience average annual losses in excess of $1,100 due to fire ants; (B) catfish farmers in Arkansas experience average annual losses of approximately $20,000 due to fire ants; (C) the annual fire ant impact on homeowners in Arkansas is estimated at $106,000,000; and (D) the annual fire ant impact on paper mills in Arkansas is estimated at $3,000,000; (5) 25 counties in North Carolina are infested with fire ants; (6) the annual fire ant impact on Tennessee is estimated at $1,330,000; (7) the annual fire ant impact on Mississippi is estimated at $12,326,000, including an annual fire ant impact on the cattle industry in Mississippi of an estimated $9,217,000; (8) the annual fire ant impact on Alabama is estimated at $16,000,000; (9) the annual fire ant impact on Louisiana is estimated at $23,818,250, including an annual fire ant impact on the feed grain industry of $790,000; and (10) demonstration of fire ant control methodology may provide property owners with timely information, helpful in reducing costs associated with fire ant damage. SEC. 3. BOARD AND GRANTS FOR RESEARCH ON IMPORTED FIRE ANT CONTROL, MANAGEMENT, AND ERADICATION. Subtitle C of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 is amended by inserting after section 1419A (7 U.S.C. 3155) the following: ``SEC. 1419B. BOARD AND GRANTS FOR RESEARCH ON IMPORTED FIRE ANT CONTROL, MANAGEMENT, AND ERADICATION. ``(a) National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication.-- ``(1) Establishment.--The Secretary shall establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. ``(2) Membership.--The Board shall consist of 12 members who are experts on entomology, ant ecology, wildlife biology, electrical engineering, economics, and agribusiness and who are appointed by the Secretary from academia, research institutes, and the private sector. ``(3) Compensation.-- ``(A) In general.--A member of the Board shall not receive any compensation by reason of service on the Board. ``(B) Expenses.--A member of the Board shall be reimbursed for travel, subsistence, and other necessary expenses incurred by the member in the performance of a duty of the member. ``(4) Termination.--The Board shall terminate 60 days after the date on which the national plan is submitted to the Secretary under subsection (d)(2). ``(b) Initial Grants.-- ``(1) Request for proposals.--The Board shall publish a request for proposals to colleges, universities, research institutes, Federal laboratories, and private entities for grants for research or demonstration projects related to the control, management, and possible eradication of imported fire ants. ``(2) Selection.--Not later than 1 year after the date of publication of the request for proposals, the Board shall evaluate and select not less than 4, nor more than 13, research or demonstration projects related to the control, management, and possible eradication of imported fire ants. ``(3) Grants.--The Secretary shall award a total of $6,000,000 in grants to colleges, universities, research institutes, Federal laboratories, or private entities selected under paragraph (2), for a term of not to exceed 5 years, for the purpose of conducting research or demonstration projects related to the control, management, and possible eradication of imported fire ants. Each project shall be completed not later than the end of the term of the grant. ``(c) Subsequent Grants.-- ``(1) Evaluation; selection.--The Board shall-- ``(A) evaluate all of the research or demonstration projects conducted under subsection (b)(3) for their use as the basis of a national plan for the control, management, and possible eradication of imported fire ants by the Federal government, State and local governments, and owners and operators of land; and ``(B) on the basis of the evaluation, select 2 of the 13 grant projects for additional research or demonstration related to the control, management, and possible eradication of imported fire ants and notify the Secretary of the selection. ``(2) Grants.--The Secretary shall award a grant of $4,000,000 to each of the 2 colleges, universities, research institutes, Federal laboratories, or private entities selected under paragraph (1)(B) for the purpose of conducting research or demonstration projects for the preparation of a national plan for the control, management, and possible eradication of imported fire ants. Each project shall be completed not later than 2 years after the grant is made. ``(d) National Plan.-- ``(1) Evaluation; selection.--The Board shall-- ``(A) evaluate all of the research or demonstration projects conducted under subsection (c)(2) for their use as the basis of a national plan for the control, management, and possible eradication of imported fire ants by the Federal government, State and local governments, and owners and operators of land; and ``(B) on the basis of the evaluation, select 1 of the 2 grant projects, or a combination of both grant projects, as the basis for the plan and notify the Secretary of the decision. ``(2) Grant.--The Secretary shall award a grant of up to $5,000,000 to the sponsor or sponsors of the grant project selected under paragraph (1)(B) for the purpose of the final preparation of the national plan for the control, management, and possible eradication of imported fire ants that is based on the project. The national plan shall be completed, and submitted to the Secretary, not later than 1 year after the grant is made. ``(3) Report to congress.--Not later than 60 days after the plan is submitted to the Secretary under paragraph (2), the Secretary shall submit to Congress the national plan for the control, management, and possible eradication of imported fire ants.''.
Imported Fire Ant Control, Management, and Eradication Act of 1997 - Amends the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to direct the Secretary of Agriculture to establish a National Advisory and Implementation Board on Imported Fire Ant Control, Management, and Eradication. Directs the Board to select and fund specified research or demonstration projects, including a final national plan for fire ant control, management, and possible eradication.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Economic Conversion and Environmental Restoration Act of 1993''. SEC. 2. AUTHORIZATION. (a) In General.--The Secretary of Labor shall, from amounts appropriated pursuant to section 9(a), provide demonstration grants to institutions of higher education for the purpose of providing education and training in environmental restoration to dislocated defense workers and young adults. (b) Period of Grants.--A grant received under subsection (a) may extend for a period of not more than 3 fiscal years. The payments under such grant shall be subject to annual approval by the Secretary and subject to the availability of appropriations for each fiscal year. SEC. 3. APPLICATION. (a) In General.--The Secretary may provide a grant to an institution of higher education under section 2(a) only if such institution submits to the Secretary an application which contains such information as the Secretary may reasonably require. (b) Assurances.--Such application shall include assurances that the institution of higher education will use Federal funds received from a grant under section 2(a) to supplement and not supplant non-Federal funds that would otherwise be available for activities funded under such section. SEC. 4. USE OF FUNDS. (a) Establishment of Program.-- (1) In general.--An institution of higher education shall use amounts received from a grant under section 2(a) to establish a consortium consisting of the institution and the entities described in paragraph (2) for the purpose of establishing a program to provide education and training in environmental restoration to the eligible individuals described in subsection (b). (2) Entities described.--The entities described in this paragraph are 1 or more of each of the following: (A) Representatives of appropriate State and local agencies. (B) Private industry councils (described in section 102 of the Job Training Partnership Act (29 U.S.C. 1512)). (C) Community-based organizations. (D) Businesses. (E) Labor organizations. (F) Other appropriate educational institutions. (b) Eligible Individuals.-- (1) Dislocated defense workers.--An individual who has been terminated or laid off from employment, or has received notice of termination or lay off, as a consequence of reductions in expenditures by the United States for defense or by closures of United States military facilities, as determined in accordance with regulations developed by the Secretary, shall be eligible for education and training in environmental restoration under this section. (2) Young adults.--An individual who has attained the age of 16 but not the age of 25 shall be eligible for education and training in environmental restoration under this section. (c) Conduct of Program.--In conducting the program established under subsection (a)(1), the consortium shall meet the following requirements: (1) Provision of education and training in environmental restoration.-- (A) In general.--The consortium shall establish and provide a work-based learning system consisting of education and training in environmental restoration, which may include basic educational courses, on-site basic skills training, and mentor assistance to eligible individuals described in subsection (b), which may lead to the awarding of a certificate of completion or advanced degree at the institution of higher education. (B) Use of closed military installation.--To the extent practicable, the consortium shall utilize a military installation closed or selected to be closed under a base closure law in providing on-site basic skills training to eligible individuals described in subsection (b). (2) Outreach and recruitment.--The consortium shall undertake outreach and recruitment efforts to encourage participation by eligible individuals in the program established under subsection (a)(1). (3) Selection of eligible individuals.--The consortium shall-- (A) to the extent practicable, select eligible individuals described in each of paragraphs (1) and (2) of subsection (b) for the program established under subsection (a)(1); and (B) give priority in the selection of young adults described in subsection (b)(2) to those young adults who-- (i) have not attended and do not plan to attend a postsecondary educational institution; or (ii) have, or are members of families who have, received a total family income that, in relation to family size, is not in excess of the higher of-- (I) the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2)); or (II) 70 percent of the lower living standard income level. (4) Instructors.--The consortium shall, to the extent practicable, select instructors for the program established under subsection (a)(1) from institutions of higher education, appropriate community programs, and industry and labor. (5) Job placement services.--The consortium shall provide job placement services to each eligible individual who receives a certificate of completion or advanced degree under paragraph (1)(A). (6) Coordination.--To the extent practicable, the consortium shall consult with appropriate Federal, State, and local agencies carrying out environmental restoration programs for the purpose of achieving coordination between such programs and the program established by the consortium under subsection (a)(1). SEC. 5. SELECTION. (a) In General.--To the extent practicable, the Secretary shall provide grants to institutions of higher education under section 2(a) in a manner which will equitably distribute such grants among the various regions of the United States. (b) Priority.--In providing grants to institutions of higher education under section 2(a), the Secretary shall give priority to institutions of higher education located in urban areas. SEC. 6. ALLOCATION. The Secretary shall provide grants under section 2(a) in a fiscal year to each institution of higher education in an amount totaling not more than \1/3\ of amounts appropriated pursuant to section 9(a) for that fiscal year. SEC. 7. REPORTS. (a) Reports to Secretary.--The Secretary may provide a grant to an institution of higher education under section 2(a) only if such institution agrees to submit to the Secretary, in each fiscal year in which the Secretary makes payments under such grant to such institution, a report containing-- (1) a description and evaluation of the program established by such consortium under section 4(a)(1); and (2) any other information as the Secretary may reasonably require. (b) Reports to Congress.-- (1) Interim report.--Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the President and the Congress an interim report containing-- (A) a compilation of the information contained in the reports received by the Secretary from each institution of higher education under subsection (a); and (B) an evaluation of the effectiveness of the demonstration grants authorized under section 2(a). (2) Final report.--Not later than January 1, 1997, the Secretary shall submit to the President and the Congress a final report containing-- (A) a compilation of the information described in paragraph (1)(A); and (B) a final evaluation of the effectiveness of the demonstration grants authorized under section 2(a), including a recommendation as to the feasibility of reauthorizing such grants. SEC. 8. DEFINITIONS. For purposes of this Act, the following definitions apply: (1) Base closure law.--The term ``base closure law'' means the following: (A) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10 U.S.C. 2687 note). (B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627; 10 U.S.C. 2687 note). (C) Section 2687 of title 10, United States Code. (D) Any other similar law enacted after the date of the enactment of this Act. (2) Environmental restoration.--The term ``environmental restoration'' means actions taken consistent with a permanent remedy to prevent or minimize the release of hazardous substances into the environment so that such substances do not migrate to cause substantial danger to present or future public health or welfare or the environment. (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given such term in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. (5) Urban area.--The term ``urban area'' means-- (A) a metropolitan statistical area having a population of not less than 500,000 individuals; or (B) a State which does not contain a standard metropolitan statistical area but has a population of not less than 500,000 individuals. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated $20,000,000 for each of the fiscal years 1994 through 1996 to carry out this Act. (b) Availability.--Amounts authorized to be appropriated under subsection (a) shall remain available until expended.
National Economic Conversion and Environmental Restoration Act of 1993 - Authorizes the Secretary of Labor to make demonstration grants to institutions of higher education to provide education and training in environmental restoration to dislocated defense workers and young adults. Sets forth consortium, application, reporting, and other program requirements. Authorizes appropriations.
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SECTION 1. FINANCIAL LITERACY COUNSELING. Section 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following new subsection: ``(n) Financial Literacy Counseling.-- ``(1) In general.--Each eligible institution shall, through financial aid offices, through an employee or group of employees designated under subsection (c), or through a contract or partnership with a nonprofit organization, provide financial literacy counseling to borrowers in accordance with the requirements of this subsection. ``(2) Entrance and exit counseling required.-- ``(A) In general.--Financial literacy counseling required under this subsection shall-- ``(i) be provided to-- ``(I) each first-time borrower of a loan made, insured, or guaranteed under part B (other than a loan made pursuant to section 428C or a loan made on behalf of a student pursuant to section 428B) or made under part D (other than a Federal Direct Consolidation Loan or a Federal Direct PLUS loan made on behalf of a student), at or prior to the time of the first disbursement of such loan; and ``(II) each borrower of a loan made, insured, or guaranteed under part B (other than loans made pursuant to section 428C or loans under section 428B made on behalf of a student) or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made on behalf of a student) or made under part E of this title, prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution; and ``(ii) include a total of not less than 4 hours of counseling for such borrowers for each of the occasions described in clause (i). ``(B) Early departure.--In the case of borrower who leaves an institution without the prior knowledge of the institution, the institution shall attempt to provide the information required under this subsection to the student in writing. ``(3) Information to be provided.--Financial literacy counseling required under this subsection shall include information on the following: ``(A) Banking basics, including the types of financial institutions, why and how banks may be useful to individuals, and the fundamentals of using basic checking and savings bank accounts (including how checking and savings accounts work, fees that may be charged, and how to open and maintain an account). ``(B) Budgeting, including matching goals and savings, identification of ways borrowers can save money and understand savings options that can be used to reach savings goals, the main components of a budget (such as income, fixed income, fixed expenses, flexible expenses and discretionary expenses), and how to designate incomes and expenses. ``(C) Credit cards, including how to use credit appropriately, how to determine what forms of credit best suit the needs of the borrower, the common pitfalls of credit card debt, the differences in types of credit cards (including pre-paid cards, debit cards, secured credit cards linked to checking accounts, and charge cards), responsible uses of credit cards, and how to build a strong credit history. ``(D) Loans, grants, education tax credits, and scholarships, including-- ``(i) general information about and differences between installment loans, including car loans and student loans; ``(ii) the difference between grants, scholarships, and loans, including the differences between need-based and merit-based aid; and ``(iii) information about options for repayment, deferment, and the ability to discharge or cancel education loans. ``(E) Renting and housing, including information on renting an apartment, the basics of getting a mortgage, and assistance with determining a borrower's readiness to have a space of their own. ``(F) Credit scores and ratings, including information about credit (such as that credit is a sum of money lent by a bank or institution for repayment in the future and includes interest on the balance that is borrowed), what factors go into a credit score, and the importance of having a good credit record (particularly the influence of credit records on interest rates, loans, insurance rates, and job offers). ``(G) Investing, including information about the risks and benefits of investing money, setting goals and time horizons for when money may be needed, establishing risk tolerance, and the differences between stocks, bonds, and dividends. ``(4) Use of interactive programs.--The Secretary shall encourage institutions to carry out the requirements of this subsection through the use of interactive programs that test the borrower's understanding of the financial literacy information provided through counseling under this subsection, using simple and understandable language and clear formatting.''.
Amends the Higher Education Act of 1965 to require institutions of higher education (IHEs) to provide at least four hours of financial literacy counseling to each student borrower: (1) under the Federal Family Education Loan (FFEL) program, at or prior to their receipt of such loan; and (2) under the FFEL, Direct Loan, or Perkins Loans programs, during their enrollment at the IHE or when their studies end. Requires such counseling to include information on: (1) banking; (2) budgeting; (3) credit cards and ratings; (4) loans, grants, education tax credits, and scholarships; (5) renting and housing; and (6) investing. Directs the Secretary of Health and Human Services to encourage IHEs to perform these duties using interactive programs that test each borrower's understanding of the financial literacy information they receive.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Predatory Practices Prevention Act of 2001''. SEC. 2. PROHIBITION ON UNFAIR OR DECEPTIVE CREDITOR ACTS OR PRACTICES IN SOLICITATIONS FOR CREDIT CARDS. (a) In General.--Section 127 of the Consumer Credit Protection Act (15 U.S.C. 1637) is amended by adding at the end the following new subsection: ``(h) Unfair or Deceptive Creditor Acts and Practices.-- ``(1) In general.--In the case of a credit card account under an open-end consumer credit plan, a creditor shall not engage in an unfair or deceptive act or practice. ``(2) Board definition of unfair or deceptive creditor act or practice.--The Board shall, in regulations, define what constitutes an unfair or deceptive creditor act or practice in violation of this subsection. ``(3) Specific acts and practices are unfair and deceptive.--For purposes of such regulations, a creditor shall be determined to have engaged in an unfair and deceptive act or practice if-- ``(A) in connection with any solicitation to open a credit card account for any consumer under an open end consumer credit plan, the creditor-- ``(i) requires a consumer to pay an application, processing or other fee as a condition for applying for a credit card account, or in advance of receiving the disclosures required by this section; ``(ii) requires a consumer to purchase any membership, product or service, including any credit protection, credit analysis, or credit education product or service, as a condition for receiving a credit card account; ``(iii) represents that the credit card account does not require an annual fee, when the consumer is required to pay an enrollment fee, membership fee, or any form of service fee on a recurring basis; ``(iv) represents that a consumer is pre- approved, guaranteed approval, or otherwise has met the creditor's underwriting standards to qualify for a specific offer of credit, when the consumer does not meet the standards for such credit, no such standards exist, or the solicitation constitutes only an invitation to apply for credit or anything other than a firm offer of credit to the consumer; ``(v) represents that a consumer qualifies to receive, or qualifies to apply to receive, a credit card account, in which any stated term, including the line of credit amount, annual interest rate, annual fee amount or other term-- ``(I) is not available to the consumer upon initiation of the account, but is made available, or is intended at the time of the representation to be made available, in installments over time in response to the consumer's positive record of credit use and payment; ``(II) is an annual interest rate or other term the issuer no longer makes available as part of credit card accounts for which the consumer qualifies, or that the issuer has reason to know will no longer be available to such consumer prior to the expiration of such period, as defined by regulation, that permits reasonable time for consumer response to the solicitation; and ``(III) is an annual interest rate or other term that the issuer makes available only to selected consumers, or to consumers with preferred credit scores or ratings; ``(vi) represents that a credit card account provides for credit protection, overdraft protection, travel insurance, or other account-related benefits and services that the issuer makes available separately, and at additional charge, to card holders; or ``(vii) issues a credit card account to a consumer who has responded to a direct solicitation, the account terms of which are materially different, in terms of being less favorable to the consumer, than the terms included in the solicitation that resulted in the consumer's application; ``(B) in administering a credit card account for any consumer under an open end consumer credit plan, the creditor-- ``(i) enrolls a consumer in paid memberships or in any account-related service or program, including credit insurance or credit protection, without the clear and unambiguous consent of the consumer after receiving complete disclosure of the terms and conditions for such membership, service, or program, as provided in regulation; ``(ii) posts a charge or debit to a consumer's account for any product, service, or membership without the clear and unambiguous consent of the consumer after receiving complete disclosure of the terms and conditions for such membership, service, or program, as provided in regulation; ``(iii) engages in a pattern or practice of-- ``(I) failing to mail the initial periodic statement required under subsection (b) of this section, or delaying or withholding any subsequent periodic statement, for the purpose, or with the effect, of causing the consumer to incur late payment fees or other fees or penalties, or additional interest charges with respect to such account; ``(II) scheduling payment due dates in periodic statements to coincide with holidays, weekend days, or other days that the creditor is not open for business, or otherwise not available to receive or process billing payments, for the purpose, or with the effect, of causing the consumer to incur late payment fees or other penalties or additional interest charges with respect to the account; or ``(III) withholding the posting of payments to a credit card account received on or before the payment due date stated in periodic statements for the purpose, or with the effect, of causing the consumer to incur late payment fees or other penalties or additional interest charges with respect to such account; ``(iv) increases the annual interest rate on a credit card account, or removes or increases any introductory interest rate applicable to such account, for reasons other than actions or omissions of the card holder that are directly related to such account, which shall be clearly and conspicuously described to the card holder in the information required to be disclosed under subsection (a), and then only after the consumer has been provided with appropriate notice, as provided in regulation; or ``(v) subject to paragraph (5), refuses to cancel or close a credit card account upon the request of a consumer; or ``(C) the creditor engages in any other practice that the Board shall determine, by regulation or order, to be unfair, deceptive, intended to misrepresent or confuse the terms of a credit offer, or designed to evade the provisions of this subsection. ``(4) Notice to consumer of failure to qualify.--The Board shall prescribe regulations for procedures under which the creditor shall provide notice to any consumer of-- ``(A) any failure of the consumer to qualify for an extension of credit or a credit card under the terms and conditions in an offer or solicitation and the reasons for such failure to qualify; ``(B) the terms of a credit card account, if any, that the consumer is qualified to receive, which shall include all disclosures required under subsection (c)(1) and shall meet all requirements of this section; and ``(C) the procedures required of the consumer to receive, or to apply to receive, the credit card account disclosed under subparagraph (B). ``(5) Procedures for cancellation.--A creditor may define procedures for requesting cancellation of an account, which shall be clearly described in the information required to be disclosed under subsection (a) and shall be reasonable.''. (b) Improved Enforcement Authority.--Section 127 of the Consumer Credit Protection Act (15 U.S.C. 1637) is amended by inserting after subsection (h) (as added by subsection (a) of this section) the following new subsection: ``(i) State Action for Violations.-- ``(1) Authority of the states.--In addition to such other remedies as are provided under State law, if the attorney general of a State, or an officer authorized by the State, has reason to believe that any creditor has violated or is violating subsection (h), the State may-- ``(A) bring an action on behalf of the residents of the State to enjoin such violation in any appropriate United States district court or in any other court of competent jurisdiction; and ``(B) bring an action on behalf of the residents of the State to enforce compliance with subsection (h), to obtain damages, restitution, or other compensation on behalf of the residents of such State, or to obtain such further and other relief as the court may deem appropriate. ``(2) Rights of federal agencies.-- ``(A) Notice.--The State shall serve prior written notice of any action commenced under paragraph (1) with respect to any depository institution upon the Federal agency described in subsection (a) or (c) of section 108 with respect to such creditor and shall provide such agency with a copy of the complaint unless such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. ``(B) Intervening action.--Any agency described in subsection (a) or (c) of section 108 which receives a notice from a State under subparagraph (A) with respect to any action described in such subparagraph shall have the right-- ``(i) to move to stay the action, pending the final disposition of a pending Federal matter as described in paragraph (4); ``(ii) to intervene in an action under paragraph (1); ``(iii) upon so intervening, to be heard on all matters arising therein; ``(iv) to remove the action to the appropriate United States district court; and ``(v) to file petitions for appeal. ``(3) Investigatory powers.--For purposes of bringing any action under this subsection, nothing in this subsection shall prevent the attorney general, or officers of such State who are authorized by such State to bring such actions, from exercising the powers conferred on the attorney general or such officers by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(4) Limitation on state action while federal action is pending.--If any Federal agency described in subsection (a) or (c) of section 108 has instituted an enforcement action for a violation of subsection (h), no State may, during the pendency of such action, bring an action under this subsection against any creditor named in the enforcement action for any violation of subsection (h) that is alleged in that action.''. (c) Effective Date of Regulations.-- (1) Publication of final regulations.--Notwithstanding section 105(d) of the Truth in Lending Act, the Board of Governors of the Federal Reserve System shall publish in final form in the Federal Register before the end of the 6-month period beginning on the date of the enactment of this Act any regulations required under the amendments made by subsection (a) or (b) and such regulations as the Board determines to be appropriate to implement such amendments. (2) Effective date.--The regulations published in final form in accordance with paragraph (1) shall take effect not later than 90 days after the date of such publication.
Credit Card Predatory Practices Prevention Act of 2001 - Amends the Consumer Credit Protection Act to prohibit as unfair and deceptive specified creditor practices with respect to a credit card account under an open-end consumer credit plan, including practices involved in: (1) credit card solicitations; and (2) account administration.Provides for notice to the consumer of failure to qualify for credit, and the reasons therefor.Permits State authorities to bring an action to enjoin violations of this Act and enforce compliance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fall River Water Users District Rural Water System Act of 1998''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) there are insufficient water supplies of reasonable quality available to the members of the Fall River Water Users District Rural Water System located in Fall River County, South Dakota, and the water supplies that are available are of poor quality and do not meet minimum health and safety standards, thereby posing a threat to public health and safety; (2) past cycles of severe drought in the southeastern area of Fall River County have left residents without a satisfactory water supply, and, during 1990, many home owners and ranchers were forced to haul water to sustain their water needs; (3) because of the poor quality of water supplies, most members of the Fall River Water Users District are forced to either haul bottled water for human consumption or use distillers; (4) the Fall River Water Users District Rural Water System has been recognized by the State of South Dakota; and (5) the best available, reliable, and safe rural and municipal water supply to serve the needs of the Fall River Water Users District Rural Water System members consists of a Madison Aquifer well, 3 separate water storage reservoirs, 3 pumping stations, and approximately 200 miles of pipeline. (b) Purposes.--The purposes of this Act are-- (1) to ensure a safe and adequate municipal, rural, and industrial water supply for the members of the Fall River Water Users District Rural Water System in Fall River County, South Dakota; (2) to assist the members of the Fall River Water Users District in developing safe and adequate municipal, rural, and industrial water supplies; and (3) to promote the implementation of water conservation programs by the Fall River Water Users District Rural Water System. SEC. 3. DEFINITIONS. In this Act: (1) Engineering report.--The term ``engineering report'' means the study entitled ``Supplemental Preliminary Engineering Report for Fall River Water Users District'' published in August 1995. (2) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds that are needed for the construction of the water supply system, as described in the engineering report. (3) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are incidental to the operation of intake facilities, pumping stations, water treatment facilities, cooling facilities, reservoirs, and pipelines to the point of delivery of water by the Fall River Water Users District Rural Water System to each entity that distributes water at retail to individual users. (4) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (5) Water supply system.--The term ``water supply system'' means the Fall River Water Users District Rural Water System, a nonprofit corporation, established and operated substantially in accordance with the engineering report. SEC. 4. FEDERAL ASSISTANCE FOR WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the water supply system for the Federal share of the costs of the planning and construction of the water supply system. (b) Service Area.--The water supply system shall provide for safe and adequate municipal, rural, and industrial water supplies, mitigation of wetlands areas, and water conservation within the boundaries of the Fall River Water Users District, described as follows: bounded on the north by the Angostura Reservoir, the Cheyenne River, and the line between Fall River and Custer Counties, bounded on the east by the line between Fall River and Shannon Counties, bounded on the south by the line between South Dakota and Nebraska, and bounded on the west by the Igloo-Provo Water Project District. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the Federal share under section 9. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply system until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met with respect to the water supply system; and (2) a final engineering report and plan for a water conservation program have been prepared and submitted to Congress for a period of not less than 90 days before the commencement of construction of the system. SEC. 5. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation of fish and wildlife losses incurred as a result of the construction and operation of the water supply system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the engineering report. SEC. 6. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri River Basin Program, the Western Area Power Administration shall make available the capacity and energy required to meet the pumping and incidental operational requirements of the water supply system during the period beginning May 1 and ending October 31 of each year. (b) Conditions.--The capacity and energy described in subsection (a) shall be made available on the following conditions: (1) The water supply system shall be operated on a not-for- profit basis. (2) The water supply system shall contract to purchase its entire electric service requirements, including the capacity and energy made available under subsection (a), from a qualified preference power supplier that itself purchases power from the Western Area Power Administration. (3) The rate schedule applicable to the capacity and energy made available under subsection (a) shall be the firm power rate schedule of the Pick-Sloan Eastern Division of the Western Area Power Administration in effect when the power is delivered by the Administration. (4) It shall be agreed by contract among-- (A) the Western Area Power Administration; (B) the power supplier with which the water supply system contracts under paragraph (2); (C) the power supplier of the entity described in subparagraph (B); and (D) the Fall River Water Users District; that in the case of the capacity and energy made available under subsection (a), the benefit of the rate schedule described in paragraph (3) shall be passed through to the water supply system, except that the power supplier of the water supply system shall not be precluded from including, in the charges of the supplier to the water system for the electric service, the other usual and customary charges of the supplier. SEC. 7. NO LIMITATION ON WATER PROJECTS IN STATE. This Act does not limit the authorization for water projects in South Dakota under law in effect on or after the date of enactment of this Act. SEC. 8. WATER RIGHTS. Nothing in this Act-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, dealing with water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 9. FEDERAL SHARE. The Federal share under section 4 shall be 70 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 10. NON-FEDERAL SHARE. The non-Federal share under section 4 shall be 30 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. SEC. 11. CONSTRUCTION OVERSIGHT. (a) Authorization.--The Secretary of the Interior, acting through the Director of the Bureau of Reclamation, may provide construction oversight to the water supply system for areas of the water supply system. (b) Project Oversight Administration.--The amount of funds used by the Secretary for planning and construction of the water supply system may not exceed an amount equal to 3 percent of the amount provided in the total project construction budget for the portion of the project to be constructed in Fall River County, South Dakota. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) $3,600,000 for the planning and construction of the water system under section 4; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after August 1, 1995. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Fall River Water Users District Rural Water System Act of 1998 - Directs the Secretary of Agriculture to make grants for the Federal share of the costs of the planning and construction of the Fall River Water Users District Rural Water System, Inc. Prohibits the obligation of System construction funds until: (1) Federal environmental compliance requirements have been met; and (2) a final System engineering report and plan for a water conservation program have been prepared and submitted to the Congress for at least a 90-day period. Requires the mitigation of fish and wildlife losses during System construction and operation. Directs the Western Area Power Administration to make available, from power produced under the Pick-Sloan Missouri River Basin Program, the capacity and energy required to meet the pumping and incidental operational requirements of the System from May 1 to October 31 of each year. Provides power use conditions. States that this Act does not limit: (1) the authorization for water projects in South Dakota under any law; or (2) current water rights. Provides the Federal share (70 percent) of System costs. Authorizes the Secretary of the Interior, acting through the Director of the Bureau of Reclamation, to provide construction oversight for areas of the System. Limits the amount of funds that may be used by the Secretary for planning and construction of the System. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Robin Danielson Act''. TITLE I--RESEARCH REGARDING RISKS POSED BY DIOXIN, SYNTHETIC FIBERS, AND OTHER ADDITIVES IN FEMININE HYGIENE PRODUCTS SEC. 101. FINDINGS. The Congress finds as follows: (1) Tampons are used by approximately 73,000,000 women in the United States today, and the average woman may use as many as 16,800 tampons in her lifetime. A woman on estrogen replacement therapy may use as many as 24,360 tampons in her lifetime. (2) The Environmental Protection Agency and the International Agency for Research on Cancer, an arm of the World Health Organization, have concluded that dioxins are a probable human carcinogen (cancer causing agent). (3) According to the Food and Drug Administration, dioxins are formed as a result of combustion processes such as commercial and municipal waste incineration and from burning fuels (like wood, coal, or oil). Dioxins are a byproduct of chlorine bleaching of pulp and paper. (4) Tampons currently sold in the United States are composed of cotton, rayon, or of a combination of cotton and rayon. Rayon is produced from cellulose fibers derived from bleached wood pulp. (5) While bleaching processes that do not produce dioxin in any amount are available, most wood pulp manufacturers currently use elemental-chlorine free bleaching processes. This process uses chlorine dioxide as a bleaching agent and still produces dioxins. (6) The Food and Drug Administration has not explicitly forbidden the use of chlorine in tampon manufacturing. (7) Trace amounts of dioxins can also be found in tampons that use a chlorine-free bleaching process as well as 100 percent cotton tampons as the Environmental Protection Agency states that due to decades of pollution, dioxin can be found in the air, water, and ground and thus can be found in both cotton and wood pulp raw materials used in tampon production. (8) The effects of dioxin from various sources are cumulative. Women may be exposed to dioxin in tampons and other menstrual products for as long as 60 years over the course of their reproductive lives. (9) The Food and Drug Administration has historically relied on data provided by manufacturers of feminine hygiene products in determining product safety. (10) Although the Food and Drug Administration currently requires tampon manufacturers to monitor dioxin levels in their finished products, they do not generally collect this information and it is not readily available to the public. (11) Recent studies have produced conflicting information about the link between dioxin exposure and increased risks for endometriosis. (12) The Environmental Protection Agency has concluded that people with high levels of exposure to dioxins may be at risk for other noncancer effects that could suppress the immune system, increase the risk of pelvic inflammatory disease, reduce fertility, and interfere with fetal and childhood development. (13) Toxic Shock Syndrome (TSS) has been linked to tampon use especially those tampons containing synthetic fibers and the absorbency of the tampon. TSS is a rare bacterial illness that occurs mostly in menstruating women. During 1979 and 1980, the syndrome was responsible for at least 55 deaths and 1,066 nonfatal cases. (14) In response to a 1988 lawsuit, the Food and Drug Administration has required tampons to be labeled with reference to an absorbency standard (e.g., super tampons must absorb between 9 and 12 grams of liquid). (15) As a result of independent research that showed that synthetic fiber additives in tampons amplify toxin production, which is associated with toxic shock syndrome, manufacturers have ceased to include three of the four synthetic ingredients once often used to increase tampon absorbency. Highly absorbent viscose rayon is still used in tampon production. According to some TSS researchers incidence of menstrually related TSS is creeping up and strains of Staphylococcus aureus causing it are becoming more antibiotic resistant and more virulent. SEC. 102. NATIONAL INSTITUTES OF HEALTH; RESEARCH ON DIOXIN PURSUANT TO OFFICE OF RESEARCH ON WOMEN'S HEALTH. Part F of title IV of the Public Health Service Act (42 U.S.C. 287d et seq.) is amended by adding at the end the following section: ``SEC. 486C. CERTAIN PROJECTS REGARDING WOMEN'S HEALTH. ``(a) Dioxin in Feminine Hygiene Products.-- ``(1) In general.--The Director of NIH, in collaboration with the Director of the Office, shall provide for the conduct or support of research to determine the extent to which the presence of dioxin, synthetic fibers, and other additives in tampons and other feminine hygiene products-- ``(A) poses any risks to the health of women who use the products, including risks relating to cervical cancer, endometriosis, infertility, ovarian cancer, breast cancer, immune system deficiencies, pelvic inflammatory disease, and toxic shock syndrome; and ``(B) poses any risks to the health of children of women who used such products during or before the pregnancies involved, including risks relating to fetal and childhood development. ``(2) Requirement regarding data from manufacturers.-- Research under paragraph (1) shall include research to confirm the data on tampons and other feminine hygiene products submitted to the Commissioner of Food and Drugs by manufacturers of such products. ``(3) Definition.--For purposes of paragraph (1), the term `feminine hygiene products' means tampons, pads, liners, and similar products used by women with respect to menstruation or other genital-tract secretions. ``(b) Reports.--Reports on the results of research under subsection (a) shall be periodically submitted to the Congress, the Commissioner of Food and Drugs, the Administrator of the Environmental Protection Agency, and the Chairman of the Consumer Product Safety Commission. Such reports shall be made available to the public through the data system and clearinghouse program established under section 486A, or through other appropriate means.''. TITLE II--COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME SEC. 201. FINDINGS. The Congress finds as follows: (1) Of the cases of toxic shock syndrome in the United States, approximately 50 percent are related to tampon use and approximately 50 percent occur in nonmenstruating women and in men and children. (2) The Centers for Disease Prevention and Control has estimated that between one and two of every 100,000 women 15 to 44 years of age will develop the syndrome. (3) Epidemiological data on cases of toxic shock syndrome are not systematically collected in the United States, and information on cases seldom travels beyond the victim's circle of family and friends. Toxic Shock Syndrome is a nationally notifiable disease that States report to the Centers for Disease Prevention and Control, but the reporting by the States is voluntary. (4) According to the Council of State and Territorial Epidemiologists, as of 2006, only 39 States required reporting of streptococcal and non-streptococcal toxic shock syndrome to State health officials. (5) The last active surveillance of toxic shock syndrome occurred in 1987 only in four States and surveying 12 million people. National surveillance is conducted through the National Electronic Telecommunications Systems. (6) The Centers for Disease Prevention and Control and the States should cooperate to collect and analyze such data. Increasing the amount of information on toxic shock syndrome will lead to increased awareness about the disease in the medical community, and may also lead to an increased understanding of the causes of the syndrome. SEC. 202. CENTERS FOR DISEASE CONTROL AND PREVENTION; ESTABLISHMENT OF PROGRAM FOR COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317T the following section: ``SEC. 317U. COLLECTION AND ANALYSIS OF DATA ON TOXIC SHOCK SYNDROME. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall carry out a program to collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome. ``(b) National Incidence and Prevalence.--In carrying out the program under subsection (a), the Secretary shall to the extent practicable determine the national incidence and prevalence of toxic shock syndrome. ``(c) Cooperation With States.--The Secretary may carry out the program under subsection (a) directly and through grants to States and local health departments. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2012 through 2016.''.
Robin Danielson Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to provide for the conduct or support of research on the extent to which additives in feminine hygiene products pose any risks to the health of women or the health of the children of women who use those products during or before the pregnancies involved. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) collect, analyze, and make available data on toxic shock syndrome, including data on the causes of such syndrome; and (2) determine the national incidence and prevalence of such syndrome.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Neighbor Environmental Assistance Act of 1993''. SEC. 2. PURPOSE. The purpose of this Act is to protect the economy, public health, environment, and water quality of the United States-Mexico border area that is endangered and is being polluted by raw or partially treated sewage, effluent, and other pollutants. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Border state.--The term ``border State'' means each of the following States: (A) Arizona. (B) California. (C) New Mexico. (D) Texas. (3) Commission.--The term ``United States Commissioner'' means the United States Commissioner of the International Boundary and Water Commission. (4) Construction.--The term ``construction'' has the meaning provided the term under section 212(1) of the Federal Water Pollution Control Act (33 U.S.C. 1292(1)). (5) Treatment works.--The term ``treatment works'' has the meaning provided the term under section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)). SEC. 4. CONSTRUCTION ASSISTANCE. (a) In General.--On the approval by the Administrator of the necessary plans and specifications, the Administrator is authorized-- (1) to transfer funds to-- (A) the Secretary of State, who shall transfer the funds to the United States Commissioner for use by the head of the American Section of the Commission; or (B) the head of any other Federal agency; and (2) to make a grant to-- (A) an appropriate entity designated by the President; or (B) a border State designated by the President, to carry out the construction of an eligible project described in subsection (b). (b) Eligible Project.--An eligible project described in this subsection is a project for the construction of-- (1) a wastewater treatment works to protect public health, the environment, and water quality from pollution resulting from inadequacies or breakdowns in wastewater treatment works and water system from Mexican wastewater affecting United States waters or water/sewage systems; or (2) a treatment works to provide treatment of municipal sewage and industrial waste. (c) Requirement for a Grant for a Construction Project in Mexico.-- The Administrator may make a grant for an eligible project described in subsection (b) in Mexico only if, after providing public notice and opportunity for comment, the Administrator determines that the then existing treatment works located in Mexico, in conjunction with any other then existing treatment works or treatment works scheduled to be constructed, are not sufficient (or will not be sufficient) to protect residents of border States from water pollution originating in Mexico. (d) Operation and Maintenance.--To carry out the purpose referred to in section 2, the United States Commissioner, the head of a Federal agency that receives a transfer of funds pursuant to subsection (a), or the recipient of a grant referred to in subsection (a) is authorized to maintain an eligible project constructed pursuant to this section. (e) Approval of Plans.-- (1) Plans and specifications.--Each eligible project that is funded by a transfer or a grant made pursuant to subsection (a)(1) shall be constructed in accordance with plans and specifications developed by the head of the American Section of the Commission in consultation with the head of another Federal agency of the appropriate official of an entity or border State designated by the President under subsection (a), in consultation with the appropriate official of the affected border State. Such plans shall include construction cost estimates. (2) Approval by the administrator.--As a condition of carrying out the construction of an eligible project referred in paragraph (1), the head of the Federal agency or appropriate official of an entity or border State shall submit the plans and specifications referred to in paragraph (1) to the Administrator for approval. (3) Standards for construction.--The Administrator may approve a plan referred to in paragraph (2) if the Administrator determines that the eligible project that is the subject of the plan meets the standards that would apply to the treatment works or other project if the treatment works or other project were constructed under appropriate standards under the law of the United States and Mexico and under applicable treaties and international agreements. (f) Federal Share.-- (1) In general.--Except as provided in paragraph (2), the Federal share of construction of an eligible project that is the subject of a transfer or grant under subsection (a) shall be 100 percent of the cost of the eligible project. (2) Costs paid by the government of mexico.--If the Secretary of State or another appropriate official of the Federal Government enters into an agreement with the Government of Mexico that provides for cost-sharing for an eligible project that is the subject of assistance provided pursuant to this section, the Federal share of the cost of the project shall be the amount specified in the agreement. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Environmental Protection Agency to carry out this Act such sums as may be necessary for fiscal year 1994, and for each fiscal year thereafter.
Good Neighbor Environmental Assistance Act of 1993 - Authorizes the Administrator of the Environmental Protection Agency, for purposes of carrying out construction of treatment works in the U.S.-Mexican border region, to: (1) transfer funds to the Secretary of State or the heads of other Federal agencies; and (2) make grants to appropriate entities or border States designated by the President. Permits the Administrator to make grants for construction projects in Mexico if an existing treatment works is not sufficient to protect residents of border States from water pollution originating in Mexico. Requires such projects to be constructed in accordance with plans and specifications approved by the Administrator. Provides for full funding of projects by the Federal Government unless a cost-sharing agreement with the Mexican Government is executed. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Effective Homeland Security Management Act of 2007''. SEC. 2. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT. (a) Establishment and Succession.--Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended-- (1) in subsection (a)-- (A) in the subsection heading, by striking ``Deputy Secretary'' and inserting ``Deputy Secretaries''; (B) by striking paragraph (6); (C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (D) by striking paragraph (1) and inserting the following: ``(1) A Deputy Secretary of Homeland Security. ``(2) A Deputy Secretary of Homeland Security for Management.''; and (2) by adding at the end the following: ``(g) Vacancies.-- ``(1) Vacancy in office of secretary.-- ``(A) Deputy secretary.--In case of a vacancy in the office of the Secretary, or of the absence or disability of the Secretary, the Deputy Secretary of Homeland Security may exercise all the duties of that office, and for the purpose of section 3345 of title 5, United States Code, the Deputy Secretary of Homeland Security is the first assistant to the Secretary. ``(B) Deputy secretary for management.--When by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary of Homeland Security is available to exercise the duties of the office of the Secretary, the Deputy Secretary of Homeland Security for Management shall act as Secretary. ``(2) Vacancy in office of deputy secretary.--In the case of a vacancy in the office of the Deputy Secretary of Homeland Security, or of the absence or disability of the Deputy Secretary of Homeland Security, the Deputy Secretary of Homeland Security for Management may exercise all the duties of that office. ``(3) Further order of succession.--The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.''. (b) Responsibilities.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended-- (1) in the section heading, by striking ``under secretary'' and inserting ``deputy secretary of homeland security''; (2) in subsection (a)-- (A) by inserting ``The Deputy Secretary of Homeland Security for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.'' before ``The Secretary''; (B) by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; (C) by striking paragraph (7) and inserting the following: ``(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.''; and (D) by striking paragraph (9), and inserting the following: ``(9) The integration and transformation process, to ensure an efficient and orderly consolidation of functions and personnel to the Department, including the development of a management integration strategy for the Department.''; and (3) in subsection (b)-- (A) in paragraph (1), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''; and (B) in paragraph (2), by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (c) Appointment, Evaluation, and Reappointment.--Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following: ``(c) Appointment, Evaluation, and Reappointment.--The Deputy Secretary of Homeland Security for Management-- ``(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have-- ``(A) extensive executive level leadership and management experience in the public or private sector; ``(B) strong leadership skills; ``(C) a demonstrated ability to manage large and complex organizations; and ``(D) a proven record in achieving positive operational results; ``(2) shall-- ``(A) serve for a term of 5 years; and ``(B) be subject to removal by the President if the President-- ``(i) finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; and ``(ii) communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal; ``(3) may be reappointed in accordance with paragraph (1), if the Secretary has made a satisfactory determination under paragraph (5) for the 3 most recent performance years; ``(4) shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; and ``(5) shall be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Deputy Secretary of Homeland Security for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (4).''. (d) Incumbent.--The individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act-- (1) may perform all the duties of the Deputy Secretary of Homeland Security for Management at the pleasure of the President, until a Deputy Secretary of Homeland Security for Management is appointed in accordance with subsection (c) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by this Act; and (2) may be appointed Deputy Secretary of Homeland Security for Management, if such appointment is otherwise in accordance with sections 103 and 701 of the Homeland Security Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act. (e) References.--References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Under Secretary for Management of the Department of Homeland Security shall be deemed to refer to the Deputy Secretary of Homeland Security for Management. (f) Technical and Conforming Amendments.-- (1) Other reference.--Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking ``Under Secretary for Management'' and inserting ``Deputy Secretary of Homeland Security for Management''. (2) Table of contents.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 701 and inserting the following: ``Sec. 701. Deputy Secretary of Homeland Security for Management.''. (3) Executive schedule.--Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following: ``Deputy Secretary of Homeland Security for Management.''.
Effective Homeland Security Management Act of 2007 - Amends the Homeland Security Act of 2002 to establish a Deputy Secretary of Homeland Security for Management (who shall assume many responsibilities of the current Under Secretary for Management), to be appointed by the President, by and with the advice and consent of the Senate, to serve as the Chief Management Officer and principal advisor to the Secretary of Homeland Security on matters related to management. Includes among the Deputy Secretary's responsibilities the integration and transformation process to ensure an efficient and orderly consolidation of Department of Homeland Security (DHS) functions and personnel, including the development of a management integration strategy.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003''. SEC. 2. BLACK CANYON OF THE GUNNISON NATIONAL PARK BOUNDARY REVISION. (a) Establishment.--Section 4(a) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(a)) is amended-- (1) by striking ``There is hereby established'' and inserting the following: ``(1) In general.--There is established''; and (2) by adding at the end the following: ``(2) Boundary revision.--The boundary of the Park is revised to include the addition of not more than 2,725 acres, as depicted on the map entitled `Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications' and dated January 21, 2003.''. (b) Administration.--Section 4(b) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(b)) is amended-- (1) by striking ``Upon'' and inserting the following: ``(1) Land transfer.-- ``(A) In general.--On''; and (2) by striking ``The Secretary shall'' and inserting the following: ``(B) Additional land.--On the date of enactment of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003, the Secretary shall transfer the land under the jurisdiction of the Bureau of Land Management identified as `Tract C' on the map described in subsection (a)(2) to the administrative jurisdiction of the National Park Service for inclusion in the Park. ``(2) Authority.--The Secretary shall.''. SEC. 3. GRAZING PRIVILEGES AT BLACK CANYON OF THE GUNNISON NATIONAL PARK. Section 4(e) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-2(e)) is amended-- (1) in paragraph (1)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following: ``(B) Transfer.--If land authorized for grazing under subparagraph (A) is exchanged for private land under this Act, the Secretary shall transfer any grazing privileges to the private land acquired in the exchange in accordance with this section.''; and (2) in paragraph (3)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) by redesignating subparagraph (B) as subparagraph (D); (C) by inserting after subparagraph (A) the following: ``(B) with respect to the permit or lease issued to LeValley Ranch Ltd., a partnership, for the lifetime of the 2 limited partners as of October 21, 1999; ``(C) with respect to the permit or lease issued to Sanburg Herefords, L.L.P., a partnership, for the lifetime of the 2 general partners as of October 21, 1999; and''; and (D) in subparagraph (D) (as redesignated by subparagraph (B))-- (i) by striking ``partnership, corporation, or'' in each place it appears and inserting ``corporation or''; and (ii) by striking ``subparagraph (A)'' and inserting ``subparagraphs (A), (B), or (C)''. SEC. 4. ACQUISITION OF LAND. (a) Authority to Acquire Land.--Section 5(a)(1) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-3(a)(1)) is amended by inserting ``or the map described in section 4(a)(2)'' after ``the Map''. (b) Method of Acquisition.-- (1) In general.--Land or interest in land acquired under the amendments made by this Act shall be made in accordance with section 5(a)(2)(A) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-3(a)(2)(A)). (2) Consent.--No land or interest in land may be acquired without the consent of the landowner. SEC. 5. GUNNISON GORGE NATIONAL CONSERVATION AREA BOUNDARY REVISION. Section 7(a) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (16 U.S.C. 410fff-5(a)) is amended-- (1) by striking ``(a) in General.--There is established'' and inserting the following: ``(a) Establishment.-- ``(1) In general.--There is established''; and (2) by adding at the end the following: ``(2) Boundary revision.--The boundary of the Conservation Area is revised to include the addition of not more than 7,100 acres, as depicted on the map entitled `Black Canyon of the Gunnison National Park and Gunnison Gorge NCA Boundary Modifications' and dated January 21, 2003.''. SEC. 6. ACCESS TO WATER DELIVERY FACILITIES. The Commissioner of Reclamation shall retain administrative jurisdiction over, and access to, land, facilities, and roads of the Bureau of Reclamation in the East Portal area and the Crystal Dam area, as depicted on the map identified in section 4(a)(2) of the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 (as added by section 2(a)(2)) for the maintenance, repair, construction, replacement, and operation of any facilities relating to the delivery of water under the jurisdiction of the Bureau to users of the water (as of the date of enactment of this Act).
Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Boundary Revision Act of 2003 - Amends the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area Act of 1999 to revise the boundaries of the Park and the Conservation Area to add specified lands.Directs the Secretary of the Interior to transfer such land to the Park. Provides that, if land authorized for the grazing of livestock is exchanged for private land under this Act, the Secretary shall transfer any grazing privileges to the private land acquired. Permits grazing with respect to permits or leases issued to specified partnerships. Requires acquisitions of land or interest in land acquired under this Act to be made in accordance with such Act.Provides that the Commissioner of Reclamation shall retain administrative jurisdiction over, and access to Bureau of Reclamation land, facilities, and roads in the East Portal and Crystal Dam areas for the maintenance, construction, replacement, and operation of water delivery facilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Superfund for Hurricane Accountability and Recovery Act of 2005''. SEC. 2. FINDINGS. The Congress finds that-- (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 established a Federal Superfund trust fund for the purpose of hazardous substance remediation at sites across the Nation; (2) the release of hazardous substances threatens and impairs public health, community infrastructure, the economy, and social well being; (3) the Environmental Protection Agency has evaluated more than 45,900 sites and placed 1,540 Superfund sites on the National Priorities List; (4) more than 70,000,000 Americans live within 4 miles of a Superfund site; (5) the expiration of the crude oil, chemical feedstock, and corporate taxes in 1995 has contributed to a funding shortfall that prevented numerous Superfund sites from receiving new construction funding in fiscal years 2004 and 2005 and slowed the pace of existing cleanups; (6) delayed and slowed Superfund cleanup actions magnify public health risks and increase total remediation costs; (7) the reestablishment of the Superfund tax would have no effect on the liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 of responsible parties or potentially responsible parties for hazardous substance releases; (8) Hurricanes Katrina and Rita caused unprecedented environmental damage in the Gulf Coast States of Alabama, Louisiana, Mississippi, and Texas; (9) Hurricanes Katrina and Rita caused significant new releases of hazardous substances and also damaged, threatened, or otherwise impaired the integrity of 54 sites listed on the National Priorities List and other facilities producing, manufacturing, storing, or releasing hazardous substances; (10) released hazardous substances must be removed, remediated, and otherwise cleaned up to mitigate environmental damage and to protect public health; (11) the current and future removal, remediation, and cleanup efforts in Hurricane-affected areas will incur significant costs; and (12) the costs incurred to remove, remediate, and otherwise clean up hazardous substances, in the Hurricane-impacted areas of the Gulf Coast and nationwide, are most equitably borne by the parties responsible for the manufacture, production, use, storage, and release of such substances. SEC. 3. SUPERFUND TAXES. (a) Permanent Extension.-- (1) Excise taxes.--Section 4611(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Hazardous Substance Superfund Financing Rate.--The Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date of the enactment of this subsection.''. (2) Corporate environmental income tax.--Section 59A(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(e) Application of Tax.--The tax imposed by this section shall apply to taxable years beginning after December 31, 1986, and before January 1, 1996, and to taxable years beginning after the date of the enactment of this subsection.''. (3) Technical amendments.-- (A) Section 4611(b) of the Internal Revenue Code of 1986 is amended-- (i) by striking ``or exported from'' in paragraph (1)(A), (ii) by striking ``or exportation'' in paragraph (1)(B), and (iii) by striking ``and Exportation'' in the heading. (B) Section 4611(d)(3) of such Code is amended-- (i) by striking ``or exporting the crude oil, as the case may be'' in the text and inserting ``the crude oil'', and (ii) by striking ``or exports'' in the heading. (b) Temporary Tax Increase for Cleanup Required by Reason of Hurricanes Katrina and Rita.-- (1) In general.--Subsection (c) of section 4611 of such Code is amended by adding at the end the following new paragraph: ``(3) Temporary rate increase to fund hurricanes katrina and rita toxic waste cleanup.--During the period beginning on January 1, 2006, and ending on December 31, 2008, the rate of tax specified by subparagraph (A) of paragraph (2) shall be increased by the amount equal to 50 percent of such rate.''. (2) Certain chemicals and imported substances.--Section 4661 of such Code (relating to imposition of tax on certain chemicals) is amended by adding at the end the following: ``(c) Temporary Increase to Fund Hurricanes Katrina and Rita Toxic Waste Cleanup.--During the period beginning on January 1, 2006, and ending on December 31, 2008, each amount of tax per ton with respect to a substance specified in subsection (b) shall be increased by an amount equal to 50 percent of such amount.''. (3) Temporary increase in corporate environmental income tax to fund hurricanes katrina and rita toxic waste cleanup.-- Subsection (a) of section 59A of such Code (relating to imposition of tax) is amended by adding at the end the following flush sentence: ``In the case of taxable years beginning on or after January 1, 2006, and ending on or before December 31, 2008, the preceding sentence shall be applied by substituting `0.18 percent' for `0.12 percent'.''. (4) Separate accounting for cleanup funds.--Section 9507 of such Code (relating to Hazardous Substance Superfund) is amended by adding at the end the following new subsection: ``(f) Establishment of Gulf Hurricanes Cleanup Account.-- ``(1) Creation of account.--There is established in the Hazardous Substance Superfund a separate account to be known as the `Gulf Hurricanes Cleanup Account' consisting of such amounts as may be transferred or credited to the Gulf Hurricanes Cleanup Account as provided in this subsection or section 9602(b). ``(2) Transfers to account.--The Secretary shall transfer to the Gulf Hurricanes Cleanup Account from the amounts appropriated to Superfund under subsection (b) amounts equal to-- ``(A) the increase in the tax imposed under section 59A by reason of the last sentence of subsection (a) thereof, ``(B) the increase in the tax imposed under section 4611(c) by reason of paragraph (3) thereof, ``(C) the increase in the tax imposed under section 4661 by reason of subsection (c) thereof, and ``(D) the increase in the tax imposed under section 4671 by reason of the increase in tax under section 4661(c). ``(3) Expenditures from account.--Amounts in the Gulf Hurricanes Cleanup Account shall be available, as provided by appropriation Acts, for making expenditures in accordance with section 4 of the Superfund for Hurricane Accountability and Recovery Act of 2005. ``(4) Reversion of unexpended funds.--Amounts remaining in the Gulf Hurricanes Cleanup Account shall revert to the Hazardous Substance Superfund on the date which is the later of-- ``(A) December 31, 2009, or ``(B) the date as of which the Administrator of the Environmental Protection Agency makes the determination under section 4 of such Act.''. (c) Effective Dates.-- (1) Excise taxes.--The amendments made by subsections (a) (other than paragraph (2) thereof) and (b) (other than paragraph (3) thereof shall take effect on the date of the enactment of this Act. (2) Income tax.--The amendments made by subsections (a)(2) and (b)(3) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. EXPENDITURES FROM TRUST FUND. Amounts in the Gulf Hurricanes Cleanup Account established under subsection (f) of section 9507 of the Internal Revenue Code of 1986 shall be used only for making expenditures in accordance with subsection (c) of such section with respect to sites where hazardous substance releases or threatened releases have been caused or exacerbated by Hurricane Katrina or Hurricane Rita until such time as the Administrator of the Environmental Protection Agency determines by rule that no response actions are necessary to protect human health and the environment with respect to such sites. Before initiating a rulemaking under this section, the Administrator shall notify the Congress of the intention to initiate the rulemaking. SEC. 5. CLEANUP REPORTS. (a) Requirement.--Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator of the Environmental Protection Agency shall transmit to Congress a report on the progress of cleanup activities with respect to Hurricanes Katrina and Rita. (b) Contents of Report.--Each report required by subsection (a) shall specify the following: (1) The number of full-time equivalent personnel of the Environmental Protection Agency allocated to such cleanup activities. (2) The persons to whom major contracts are awarded for such cleanup activities and the amount of such contracts. (3) The number and location of contaminated sites that have been identified. (4) The number of sites with the following stages of the cleanup process complete: site identification and investigation, remedial investigation/feasibility study, remedial selection, remedial design, and remedial construction. (5) For each identified site referred to in paragraph (3)-- (A) the type of contaminants discovered; (B) the extent of contamination in soil, surface water, and groundwater; (C) the number of emergency removals conducted; (D) the number of long-term remedial actions implemented or planned; (E) the annual expenditure of funds for all necessary response actions; (F) the estimated costs of completing all necessary response actions; and (G) the estimated date of completion of all necessary response actions.
Superfund for Hurricane Accountability and Recovery Act of 2005 - Amends the Internal Revenue Code to make permanent: (1) the Hazardous Substance Superfund financing rate; and (2) the corporate environmental income tax. Increases by 50%, between January 1, 2006, and December 31, 2008: (1) such financing rate; and (2) the excise tax per ton for certain chemicals. Increases the corporate environmental income tax rate from .12% to .18% during the same period. Establishes a Gulf Hurricanes Cleanup Account in the Hazardous Substance Superfund. Directs the Secretary of the Treasury to transfer to such Account the temporary tax increases imposed by this Act. Provides that amounts in such Account shall be made available for remediation of hazardous substance releases (or threatened releases) caused or exacerbated by Hurricanes Katrina or Rita. Requires the Administrator of the Environmental Protection Agency to report to Congress on Hurricane Katrina and Rita cleanup activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Climate Solutions Commission Act of 2016''. SEC. 2. FINDINGS. The Congress finds that-- (1) there has been a marked increase in extreme weather events and the negative impacts of a changing climate are expected to worsen in every region of the United States; (2) if left unaddressed, the consequences of a changing climate have the potential to adversely impact the health of all Americans, harm the economy, and impose substantial costs on State and Federal budgets; (3) efforts to reduce climate risk should protect our Nation's economy, security, infrastructure, agriculture, water supply, and public safety; and (4) there is bipartisan support for pursuing efforts to reduce greenhouse gas emissions through economically viable, broadly supported private and public policies and solutions. SEC. 3. ESTABLISHMENT OF COMMISSION. Effective immediately upon the enactment of this Act, there shall be established a bipartisan commission to be known as the ``National Climate Solutions Commission'' (referred to in this Act as the ``Commission''). SEC. 4. PURPOSES OF COMMISSION. The Commission shall-- (1) undertake a comprehensive review of economically viable public and private actions or policies to reduce greenhouse gas emissions in the United States; (2) make recommendations for reducing greenhouse gas emissions to the President, Congress, and the States; and (3) use as its goals for emissions reductions those estimated rates of reduction that reflect the latest scientific findings of what is needed to avoid serious human health and environmental consequences of a changing climate. SEC. 5. MEMBERSHIP OF COMMISSION. (a) In General.--The Commission shall be composed of 10 members, appointed not later than 3 months after the date of enactment of this Act, as follows: (1) One member shall be appointed by the President, who shall serve as cochairman of the Commission. (2) One member shall be appointed by the leader of the Senate, in consultation with the leader of the House of Representatives, that are members of the opposite party of the President, who shall serve as cochairman of the Commission. (3) Two members shall be appointed by the Majority Leader of the Senate. (4) Two members shall be appointed by the Minority Leader of the Senate. (5) Two members shall be appointed by the Speaker of the House of Representatives. (6) Two members shall be appointed by the Minority Leader of the House of Representatives. (b) Initial Meeting.--The Commission shall meet not later than 6 months after the date of enactment of this Act. (c) Recommendations.--The Commission shall provide the recommendations described in section 4(2), based on the goals described in section 4(3), not later than 18 months after the date of enactment of this Act. (d) Eligible Members.--To be considered for membership on the Commission, an individual must be a representative from-- (1) academic, scientific, or other nongovernmental organizations with expertise in the economy, energy, climate, or public health; or (2) industry organizations, including small businesses, from relevant sectors such as-- (A) energy supply and transmission, including fossil fuels and renewable energy; (B) energy exploration and production, including fossil fuels and renewable energy; (C) solid waste and wastewater; (D) transportation; (E) chemical manufacturing and user industries; (F) agriculture; (G) construction and development; and (H) forestry. (e) Ineligible Members.--No employee, owner, director, or other affiliated person of an entity which has contributed pursuant to section 6(b) may be appointed to the Commission. SEC. 6. FUNDING FOR THE ACTIVITIES OF THE COMMISSION. (a) Limitation.--No additional amounts may be authorized to be appropriated to establish or otherwise pay for the activities or salaries of the Commission. (b) Private Sector Donations.--The Secretary of the Treasury may collect and disseminate to the Commission private sector funds donated for the purposes of this Act. (c) Transparency.--The amounts and sources of all funds donated pursuant to subsection (b) and all spending by the Commission shall be made publicly available on an Internet website. SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE STUDY AND REPORT. (a) Study Required.--The Comptroller General shall conduct a study of State, Federal, and private sector energy efficiency and renewable energy guaranteed loan programs, Green Banks, and other financial tools and institutions that are focused on-- (1) reducing the level of greenhouse gas emissions, including through sequestration and recycling; or (2) encouraging the research, development, prototyping, and deployment of energy efficiency and renewable energy technologies. (b) Report Required.--Not later than 180 days after the date on which the Comptroller General completes the study required by subsection (a), the Comptroller General shall submit to Congress a report containing-- (1) the results of the study; and (2) an assessment of those financial tools, policies, and institutions most successful at contributing to the reduction of greenhouse gas emissions while protecting economic growth and employment.
Climate Solutions Commission Act of 2016 This bill establishes a bipartisan National Climate Solutions Commission that must: undertake a comprehensive review of economically viable actions or policies to reduce greenhouse gas emissions in the United States; make recommendations for reducing greenhouse gas emissions to the President, Congress, and the states; and use as its goals for emissions reductions those estimated rates of reduction that reflect the latest scientific findings of what is needed to avoid serious human health and environmental consequences of a changing climate. In order to be eligible for membership on the Commission, an individual must be a representative from: (1) nongovernmental organizations with expertise in the economy, energy, climate, or public health; or (2) industry organizations from relevant sectors. The Government Accountability Office (GAO) must conduct a study of programs, financial tools, and institutions that are focused on: (1) reducing the level of greenhouse gas emissions; or (2) encouraging the research, development, prototyping, and deployment of energy efficiency and renewable energy technologies. The GAO must then report on: (1) the study results; and (2) an assessment of those financial tools, policies, and institutions that are most successful at reducing greenhouse gas emissions while protecting economic growth and employment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``RFS Reform Act of 2013''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS Sec. 101. Amendments to the Clean Air Act. Sec. 102. Cellulosic biofuel requirement based on actual production. Sec. 103. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel. Sec. 104. Applicability and regulations. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL Sec. 201. Prohibition of gasoline blends with greater than 10-volume- percent ethanol. Sec. 202. Prohibition of waivers. Sec. 203. Misfueling rule. TITLE I--RENEWABLE FUEL STANDARD AMENDMENTS SEC. 101. AMENDMENTS TO THE CLEAN AIR ACT. (a) Revised Definition of Renewable Fuel.-- (1) In general.--Section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows: ``(J) Renewable fuel.--The term `renewable fuel' means fuel that-- ``(i) is produced from renewable biomass; ``(ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and ``(iii) beginning on January 1, 2014, is advanced biofuel.''. (2) Conforming amendment.--Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking ``renewable fuel'' and inserting ``fuel described in clauses (i) and (ii) of subparagraph (J)''. (b) Applicable Volumes.--Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended-- (1) in the table in subclause (I)-- (A) by striking ``18.15'' and inserting ``3.75''; (B) by striking ``20.5'' and inserting ``5.5''; (C) by striking ``22.25'' and inserting ``7.25''; (D) by striking ``24.0'' and inserting ``9.0''; (E) by striking ``26.0'' and inserting ``11.0''; (F) by striking ``28.0'' and inserting ``13.0''; (G) by striking ``30.0'' and inserting ``15.0''; (H) by striking ``33.0'' and inserting ``18.0''; and (I) by striking ``36.0'' and inserting ``21.0''; (2) in subclause (II)-- (A) in the matter preceding the table, by striking ``2022'' and inserting ``2013''; and (B) in the table, by striking the items relating to calendars years 2014 through 2022; (3) in subclause (III), by striking ``of the volume of advanced biofuel required under subclause (II)'' and inserting ``of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I)''; and (4) in subclause (IV), by inserting ``, as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act'' after ``of the volume of advanced biofuel required under subclause (II)''. (c) Conforming Amendments.-- (1) Other calendar years.--Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended-- (A) in clause (ii)(III), by striking ``advanced biofuels in each category (cellulosic biofuel and biomass-based diesel)'' and inserting ``cellulosic biofuel and biomass-based diesel''; (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Applicable percent reduction level.--Section 211(o)(4) of the Clean Air Act (42 U.S.C. 7545(o)(4)) is amended-- (A) in subparagraph (E), by striking ``20, 50, or 60 percent reduction levels'' and inserting ``applicable percent reduction level''; and (B) in subparagraph (F), by inserting ``(if applicable)'' after ``(2)(A)(i)''. (3) Waivers.--Section 211(o)(7) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended-- (A) in subparagraph (D)(i), by inserting ``, if such year is before 2014,'' before ``advanced biofuels''; and (B) in subparagraph (E)(ii), by inserting ``, if such year is before 2014,'' before ``advanced biofuels''. SEC. 102. CELLULOSIC BIOFUEL REQUIREMENT BASED ON ACTUAL PRODUCTION. (a) Provision of Estimate of Volumes of Cellulosic Biofuel.-- Section 211(o)(3)(A) of the Clean Air Act (42 U.S.C. 7545(o)(3)(A)) is amended-- (1) by inserting ``(i)'' before ``Not later than''; and (2) by adding at the end the following new clause: ``(ii)(I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall-- ``(aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the `current calendar year')-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and ``(bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year-- ``(AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and ``(BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. ``(II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year.''. (b) Reduction in Applicable Volume.--Section 211(o)(7)(D)(i) of the Clean Air Act (42 U.S.C. 7545(o)(7)(D)(i)), as amended by section 101(c)(3)(A), is further amended by-- (1) striking ``based on the'' and inserting ``using the exact''; (2) striking ``may also reduce'' and inserting ``shall also reduce''; and (3) striking ``by the same or a lesser volume'' and inserting ``by the same volume''. SEC. 103. REDUCTION IN APPLICABLE VOLUME OF RENEWABLE FUEL CORRESPONDING TO CERTAIN REDUCTIONS IN APPLICABLE VOLUME OF BIOMASS-BASED DIESEL. Section 211(o)(7)(E)(ii) of the Clean Air Act (42 U.S.C. 7545(o)(7)(E)(ii)) is amended by striking ``may also reduce'' and inserting ``shall reduce''. SEC. 104. APPLICABILITY AND REGULATIONS. The amendments made by this title to section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) shall apply only with respect to calendar years 2014 and after, except that the Administrator of the Environmental Protection Agency shall promulgate regulations to carry out such amendments not later than 1 year after the date of enactment of this Act, and take any steps necessary to ensure such amendments may be carried out for calendar years 2014 and after. TITLE II--GASOLINE CONTAINING GREATER THAN 10-VOLUME-PERCENT ETHANOL SEC. 201. PROHIBITION OF GASOLINE BLENDS WITH GREATER THAN 10-VOLUME- PERCENT ETHANOL. Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. SEC. 202. PROHIBITION OF WAIVERS. (a) In General.--Any waiver granted under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect. (b) Certain Waivers.--The waivers described in subsection (a) include the following: (1) The waiver entitled, ``Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 75 Fed. Reg. 68094 (November 4, 2010). (2) The waiver entitled, ``Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator'', 76 Fed. Reg. 4662 (January 26, 2011). SEC. 203. MISFUELING RULE. The portions of the rule entitled, ``Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs'', 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act.
RFS Reform Act of 2013 - Amends the Clean Air Act to revise the renewable fuel program. Requires "renewable fuel," beginning on January 1, 2014, to be advanced biofuel. Revises the renewable fuel standards by: (1) decreasing the volume of renewable fuel that is required to be contained in gasoline sold or introduced into commerce in the United States in 2014 through 2022; and (2) eliminating the separate advanced biofuel volume requirements for those years. Requires the Administrator of the Energy Information Administration, in estimating the projected volume of cellulosic biofuel production in the next year, to determine for each cellulosic biofuel production facility: (1) the average monthly volume of biofuel produced by such facility based on the actual volume produced through October 31 of the current year, and (2) the estimated annualized volume of biofuel production for such facility for the current year. Requires the estimate of cellulosic biofuel projected to be sold or introduced into commerce in the following year to equal the total of the estimated annual volumes of cellulosic biofuel production for all such facilities. Requires (currently, authorizes) the Administrator, in any year in which the Administrator reduces the applicable volume of cellulosic biofuel required in gasoline, to also reduce the applicable volume of renewable fuel and advanced biofuels required by the same (currently, by the same or a lesser) volume. Prohibits the Administrator of the Environmental Protection Agency (EPA) from allowing the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. Nullifies waivers from requirements for new fuels and fuel additives that were granted before this Act's enactment and that allow the introduction of such gasoline for use in motor vehicles. Nullifies portions of the rule entitled, "Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Tuberculosis Prevention and Control Amendments of 1993''. SEC. 2. PROGRAMS OF CENTERS FOR DISEASE CONTROL. (a) Provision of Services for Prevention, Control, and Elimination.-- (1) In general.--Section 317(j)(2) of the Public Health Service Act (42 U.S.C. 247b(j)(2)) is amended in the first sentence-- (A) by striking ``and'' after ``1991,''; (B) by striking ``through 1995'' and inserting ``and 1992''; and (C) by inserting before the period the following: ``, $300,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998''. (2) Emergency grants.-- (A) Subject to subparagraph (B), in addition to the authorization of appropriations established in section 317(j)(2) of the Public Health Service Act for grants for the prevention, control, and elimination of tuberculosis, there are authorized to be appropriated for such grants $85,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. (B) Grants made pursuant to subparagraph (A) shall be made by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. The Secretary may make such a grant only if the geographic area in which activities under the grant are to be carried out has, relative to other areas, a substantial incidence of cases of tuberculosis or a substantial rate of increase in such cases. (3) Bulk purchases.-- (A) Subject to subparagraph (B), in addition to the authorization of appropriations established in section 317(j)(2) of the Public Health Service Act for grants for the prevention, control, and elimination of tuberculosis, there are authorized to be appropriated for such grants $80,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. (B) Amounts appropriated under subparagraph (A) shall be administered by the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention. For purposes of the program of grants referred to in such subparagraph, such amounts are available for making bulk purchases of medications and other supplies with respect to tuberculosis. (4) Other purposes.--Section 317(j)(2) of the Public Health Service Act (42 U.S.C. 247b(j)(2)) is amended by inserting after the first sentence the following sentence: ``The purposes for which such grants under subsection (a) for such programs may be expended include services with respect to incarceration.''. (b) Research, Demonstration Projects, Education, and Training.-- Section 317(k)(2) of the Public Health Service Act (42 U.S.C. 247b(k)(2)) is amended-- (1) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively; (2) by inserting ``(A)'' after the paragraph designation; and (3) by adding at the end the following subparagraph: ``(B) For the purpose of carrying out subparagraph (A), there are authorized to be appropriated $80,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. The authorization of appropriations established in the preceding sentence is in addition to the authorization of appropriations established in subsection (j)(2) for carrying out this paragraph.''. (c) Training Centers Regarding Health Professionals.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary''), acting through the Director of the Centers for Disease Control and Prevention, may make grants to public and nonprofit private entities for the establishment and operation of not more than 5 centers to train health professionals with respect to the prevention and control of tuberculosis, including training in identifying multi-drug resistant forms of such disease. (2) Screenings; other health services.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include screening individuals for tuberculosis, providing treatment for such disease, and referring individuals for services. (3) Facilities and equipment.--The purposes for which the Secretary may authorize an entity to expend a grant under paragraph (1) include providing for facilities and equipment for the center under such paragraph. (4) Quality of laboratories.--The Secretary may make a grant under paragraph (1) only if the entity involved provides assurances satisfactory to the Secretary that the laboratories of the center under such paragraph will have the facilities and equipment to provide sophisticated training to health professionals with respect to tuberculosis. (5) Application for grant.--The Secretary may make a grant under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. (6) Amount and duration of grant.-- (A) The Secretary may not make a grant under paragraph (1) for a fiscal year in an amount exceeding $5,000,000. (B) The period during which payments are made to an entity from a grant under paragraph (1) may not exceed 3 years. The provision of such payments shall be subject to annual approval by the Secretary of the payments and subject to the availability of appropriations for the fiscal year involved to make the payments. (7) Evaluations; dissemination of information.--The Secretary shall, directly or through contracts with public or private entities, provide for evaluations of centers operated pursuant to paragraph (1) and for the dissemination of information developed as a result of the centers. (8) Authorization of appropriations.--For the purpose of carrying out this subsection, there is authorized to be appropriated $25,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. SEC. 3. RESEARCH THROUGH NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES. (a) Certain Duties.-- (1) In general.--Subpart 6 of part C of title IV of the Public Health Service Act (42 U.S.C. 285f) is amended by inserting after section 446 the following section: ``research and research training regarding tuberculosis ``Sec. 447. In carrying out section 446, the Director of the Institute shall conduct or support research and research training regarding the cause, diagnosis, early detection, prevention, control, and treatment of tuberculosis.''. (2) Conforming amendment.--Section 446 of the Public Health Service Act (42 U.S.C. 285f) is amended by inserting after ``Diseases'' the following: ``(hereafter in this subpart referred to as the `Institute')''. (b) Authorization of Appropriations.--Section 408(a) of the Public Health Service Act (42 U.S.C. 284c(a)) is amended by adding at the end the following new paragraph: ``(3) For the purpose of carrying out section 447 (relating to research on tuberculosis through the National Institute on Allergy and Infectious Diseases), there are authorized to be appropriated $50,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998. The authorization of appropriations established in the preceding sentence may not be construed as terminating the availability for such purpose of any other authorization of appropriations.''. SEC. 4. CONSTRUCTION OR MODERNIZATION OF HEALTH FACILITIES. Section 1610 of the Public Health Service Act (42 U.S.C. 300r) is amended by adding at the end the following subsection: ``(c)(1) With respect to services for the prevention, control, and elimination of tuberculosis, the Secretary may make grants to public and nonprofit private entities for projects for (A) construction or modernization of outpatient medical facilities which are located apart from hospitals and which will provide such services for medically underserved populations, (B) conversion of existing facilities into outpatient medical facilities or facilities for long-term care to provide such services for such populations, (C) renovation of inpatient facilities, (D) construction or renovation of facilities to provide such services with respect to incarceration. ``(2) The amount of any grant under paragraph (1) may not exceed 80 percent of the cost of the project for which the grant is made unless the project is located in an area determined by the Secretary to be an urban or rural poverty area, in which case the grant may cover up to 100 percent of such costs. ``(3) There are authorized to be appropriated for grants under paragraph (1) $100,000,000 for fiscal year 1993, $250,000,000 for fiscal year 1994, and such sums as may be necessary for each of the fiscal years 1995 through 1998.''. SEC. 5. OPTIONAL MEDICAID COVERAGE OF TB-RELATED SERVICES FOR CERTAIN TB-INFECTED INDIVIDUALS. (a) Coverage as Optional, Categorically Needy Group.--Section 1902(a)(10)(A)(ii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(ii)) is amended-- (1) by striking ``or'' at the end of subclause (X), (2) by adding ``or'' at the end of subclause (XI), and (3) by adding at the end the following new subclause: ``(XII) who are described in subsection (z)(1) (relating to certain TB-infected individuals);''. (b) Group and Benefit Described.--Section 1902 of such Act is amended by adding at the end the following new subsection: ``(z)(1) Individuals described in this paragraph are individuals not described in subsection (a)(10)(A)(i)-- ``(A) who have tested positively to be infected with tuberculosis; ``(B) whose income (as determined under the State plan under this title with respect to disabled individuals) does not exceed the maximum amount of income a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan; and ``(C) whose resources (as determined under the State plan under this title with respect to disabled individuals) do not exceed the maximum amount of resources a disabled individual described in subsection (a)(10)(A)(i) may have and obtain medical assistance under the plan. ``(2) For purposes of subsection (a)(10), the term `TB-related services' means each of the following services-- ``(A) prescribed drugs, ``(B) physicians' services and services described in section 1905(a)(2), ``(C) laboratory and X-ray services, ``(D) clinic services and Federally-qualified health center services, and ``(E) case management services (as defined in section 1915(g)(2)), relating to treatment of infection with tuberculosis.''. (c) Limitation on Benefits.--Section 1902(a)(10) of such Act is amended, in the matter following subparagraph (F)-- (1) by striking ``; and (XI)'' and inserting ``, (XI)'', (2) by striking ``, and (XI)'' and inserting ``, (XII)'', and (3) by inserting before the semicolon at the end the following: ``, and (XIII) the medical assistance made available to an individual described in subsection (z)(1) who is eligible for medical assistance only because of subparagraph (A)(ii)(XII) shall be limited to medical assistance for TB- related services (described in subsection (z)(2))''. (d) Conforming Expansion of Case Management Services Option.-- Section 1915(g)(1) of such Act (42 U.S.C. 1396n(g)(1)) is amended by inserting ``or to individuals described in section 1902(z)(1)(A)'' after ``or with either,''. (e) Conforming Amendment.--Section 1905(a) of such Act (42 U.S.C. 1396d(a)) is amended-- (1) by striking ``or'' at the end of clause (ix), (2) by adding ``or'' at the end of clause (x), and (3) by inserting after clause (x) the following new clause: ``(xi) individuals described in section 1902(z)(1),''. (f) Effective Date.--The amendments made by this section shall apply to medical assistance furnished on or after January 1, 1994, without regard to whether or not final regulations to carry out such amendments have been promulgated by such date.
Tuberculosis Prevention and Control Amendments of 1993 - Amends the Public Health Service Act to authorize appropriations for grants for the prevention, control, and elimination of tuberculosis. Requires the Director of the National Institute of Allergy and Infectious Diseases to conduct or support research and research training regarding tuberculosis. Authorizes appropriations. Amends title XIX (Medicaid) of the Social Security Act to mandate provision to eligible persons with tuberculosis of certain drugs and services under Medicaid.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Options for Veterans Expedited Recovery Act'' or the ``COVER Act''. SEC. 2. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Veterans Expedited Recovery Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine-- (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department medical facilities and health professionals for treating mental health issues; (C) the preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. (3) Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to-- (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; and (J) other therapies the Commission determines appropriate. (4) Study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. SEC. 3. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications.--Members of the Commission shall be-- (A) individuals who are of recognized standing and distinction within the medical community with a background in treating mental health; and (B) individuals with experience working with the military and veteran population. (b) Chairman.--The President shall designate a member of the Commission to be the chairman. (c) Period of Appointment.--Members of the Commission shall be appointed for the life of the Commission. (d) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Appointment Deadline.--The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. SEC. 4. POWERS OF COMMISSION. (a) Meeting.-- (1) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (2) Meeting.--The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (b) Hearing.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (c) Information From Federal Agencies.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (d) Information From Nongovernmental Organizations.--In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (e) Commission Records.--The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (f) Personnel Matters.--Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. (g) Compensation of Members; Travel Expenses.--Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (h) Staff.--The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at a level IV of the Executive Schedule under section 5316 of title 5, United States Code. (i) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of the commission.--Paragraph (1) shall not be construed to apply to members of the Commission. (j) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (k) Expert and Consultant Service.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (l) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Physical Facilities and Equipment.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. SEC. 5. REPORT. (a) Interim Reports.-- (1) In general.--Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (2) Other reports.--In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (b) Final Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (1) Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). (2) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (3) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). (4) An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. (c) Plan.--Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the following: (1) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (2) A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. (3) If the Secretary determines that implementing the recommendations established by the Commission, including with respect to such complementary alternative treatments, is not appropriate or feasible, a justification for such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the Commission submits the final report under section 5(b).
Creating Options for Veterans Expedited Recovery Act or the COVER Act - Establishes the Veterans Expedited Recovery Commission to: examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes; conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine the experience of veterans with the Department of Veterans Affairs (VA) when seeking medical assistance for mental health issues through the VA health care system, their experience with non-VA facilities and health professionals for such issues, their preferences regarding available treatments for such issues and which methods they believe to be most effective, their experience with complementary alternative treatment therapies, the prevalence of prescribing prescription medication among veterans seeking treatment through the VA health care system to address mental health issues, and the Secretary's outreach efforts regarding the availability of benefits and treatments for such issues; examine available research on complementary alternative treatment therapies for mental health issues (including music, yoga, and meditation therapy) and identify what benefits could be made with the inclusion of such treatments for veterans; and study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. Directs the Secretary, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for not doing so and an alternative solution to improve the efficacy of the therapy model.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Energy and Water Efficiency Act of 2015''. SEC. 2. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is amended by adding at the end the following: ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a utility; ``(B) a municipality; ``(C) a water district; and ``(D) any other authority that provides water, wastewater, or water reuse services. ``(2) Smart energy and water efficiency pilot program.--The term `smart energy and water efficiency pilot program' or `pilot program' means the pilot program established under subsection (b). ``(b) Smart Energy and Water Efficiency Pilot Program.-- ``(1) In general.--The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section. ``(2) Purpose.--The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate novel and innovative technology-based solutions that will-- ``(A) increase the energy efficiency of water, wastewater, and water reuse systems; ``(B) improve energy efficiency of water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and ``(C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. ``(3) Project selection.-- ``(A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. ``(B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- ``(i) energy and cost savings; ``(ii) the novelty of the technology to be used; ``(iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; ``(iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; ``(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and ``(vi) whether the project will be completed in 5 years or less. ``(C) Applications.-- ``(i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(ii) Contents.--An application under clause (i) shall, at a minimum, include-- ``(I) a description of the project; ``(II) a description of the technology to be used in the project; ``(III) the anticipated results, including energy and water savings, of the project; ``(IV) a comprehensive budget for the project; ``(V) the names of the project lead organization and any partners; ``(VI) the number of users to be served by the project; and ``(VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. ``(4) Administration.-- ``(A) In general.--Not later than 300 days after the date of enactment of this section, the Secretary shall select grant recipients under this section. ``(B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- ``(i) evaluates the progress and impact of the project; and ``(ii) assesses the degree to which the project is meeting the goals of the pilot program. ``(C) Technical and policy assistance.--On the request of a grant recipient, the Secretary shall provide technical and policy assistance. ``(D) Best practices.--The Secretary shall make available to the public-- ``(i) a copy of each evaluation carried out under subparagraph (B); and ``(ii) a description of any best practices identified by the Secretary as a result of those evaluations. ``(E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). ``(c) Funding.-- ``(1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. ``(2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: ``(A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. ``(B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.''.
Smart Energy and Water Efficiency Act of 2015 This bill amends the Energy Policy Act of 2005 to require the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency pilot program to award grants to utilities, municipalities, water districts, and other water authorities for demonstrating novel and innovative technology-based solutions that will: increase the energy efficiency of water, wastewater, and water reuse systems; improve those systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. DOE must annually evaluate each grant project and make best practices identified in the evaluations available to the public.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act''. SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE BUREAU OF LAND MANAGEMENT. (a) In General.--Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Secretary of Agriculture to the Secretary of the Interior. (b) Description of Land.--The Federal land referred to in subsection (a) is the land within the Shasta-Trinity National Forest in California, Mount Diablo Meridian, as generally depicted on the map entitled ``Shasta-Trinity Administrative Jurisdiction Transfer: Transfer from Forest Service to BLM, Map 1'' and dated November 23, 2009. (c) Management and Status of Transferred Land.--The Federal land described in subsection (b) shall be administered in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) any other applicable law (including regulations). SEC. 3. TRANSFER OF ADMINISTRATIVE JURISDICTION TO THE FOREST SERVICE. (a) In General.--Administrative jurisdiction over the Federal land described in subsection (b) is transferred from the Secretary of the Interior to the Secretary of Agriculture. (b) Description of Land.--The Federal land referred to in subsection (a) is the land administered by the Director of the Bureau of Land Management in the Mount Diablo Meridian, California, as generally depicted on the map entitled ``Shasta-Trinity Administrative Jurisdiction Transfer: Transfer from BLM to Forest Service, Map 2'' and dated November 23, 2009. (c) Management and Status of Transferred Land.-- (1) In general.--The Federal land described in subsection (b) shall be-- (A) withdrawn from the public domain; (B) reserved for administration as part of the Shasta- Trinity National Forest; and (C) managed in accordance with the laws (including the regulations) generally applicable to the National Forest System. (2) Wilderness administration.--The land transferred to the Secretary of Agriculture under subsection (a) that is within the Trinity Alps Wilderness shall-- (A) not affect the wilderness status of the transferred land; and (B) be administered in accordance with-- (i) this section; (ii) the Wilderness Act (16 U.S.C. 1131 et seq.); and (iii) the California Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98-425). SEC. 4. ADMINISTRATIVE PROVISIONS. (a) Corrections.-- (1) Minor adjustments.--The Secretary of Agriculture and the Secretary of the Interior may, by mutual agreement, make minor corrections and adjustments to the transfers under this Act to facilitate land management, including corrections and adjustments to any applicable surveys. (2) Publications.--Any corrections or adjustments made under subsection (a) shall be effective on the date of publication of a notice of the corrections or adjustments in the Federal Register. (b) Hazardous Substances.-- (1) Notice.--The Secretary of Agriculture and the Secretary of the Interior shall, with respect to the land described in sections 2(b) and 3(b), respectively-- (A) identify any known sites containing hazardous substances; and (B) provide to the head of the Federal agency to which the land is being transferred notice of any sites identified under subparagraph (A). (2) Cleanup obligations.--To the same extent as on the day before the date of enactment of this Act, with respect to any Federal liability-- (A) the Secretary of Agriculture shall remain responsible for any cleanup of hazardous substances on the Federal land described in section 2(b); and (B) the Secretary of the Interior shall remain responsible for any cleanup of hazardous substances on the Federal land described in section 3(b). (c) Effect on Existing Rights and Authorizations.--Nothing in this Act affects-- (1) any valid existing rights; or (2) the validity or term and conditions of any existing withdrawal, right-of-way, easement, lease, license, or permit on the land to which administrative jurisdiction is transferred under this Act, except that beginning on the date of enactment of this Act, the head of the agency to which administrative jurisdiction over the land is transferred shall be responsible for administering the interests or authorizations (including reissuing the interests or authorizations in accordance with applicable law). Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Shasta-Trinity National Forest Administrative Jurisdiction Transfer Act - Transfers the administrative jurisdiction of specified federal land in the Shasta-Trinity National Forest in California from the Secretary of Agriculture to the Secretary of the Interior. Transfers the administrative jurisdiction of specified federal land in California administered by the Bureau of Land Management (BLM) from the Secretary of the Interior to the Secretary of Agriculture. Withdraws such land from the public domain and reserves it for administration as part of the Shasta-Trinity National Forest. Prohibits the land transferred to the Secretary of Agriculture that is in the Trinity Alps Wilderness from affecting the wilderness status of that land. Requires the Secretaries, with respect to the transferred lands, to identify any known sites concerning hazardous substances and to provide notice of any such sites to the head of the federal agency to which the land is being transferred. States that the Secretaries shall remain responsible for any cleanup of hazardous substances on the federal land which was under their administrative jurisdiction. Prohibits anything in this Act from affecting any valid existing right, withdrawal, right-of-way, easement, lease, license, or permit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Agricultural Floodplain Management Act of 2012''. SEC. 2. TASK FORCE TO ADVANCE AGRICULTURAL FLOODPLAIN MANAGEMENT IN THE NATIONAL FLOOD INSURANCE PROGRAM. (a) Definitions.--In this section: (1) Agricultural areas and rural communities.--The term ``agricultural areas and rural communities'' refers to areas where substantially all of the land-use is agricultural along with communities that are located in an area where a substantial portion of the economy, currently is and historically was, based on agricultural production. (2) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (3) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Establishment; Study.--The Administrator and the Secretary shall jointly establish a task force that shall conduct a study to analyze the challenges faced by agricultural areas and rural communities designated as an area having special flood hazards for purposes of the National Flood Insurance Program under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.). (c) Membership.--The task force shall consist of 13 members, including the Administrator and Secretary, or their designees. All other members shall be appointed jointly by the Administrator and the Secretary as follows: (1) One individual who is a representative of a national farm organization or a national agricultural commodities organization. (2) One individual who is a representative of the insurance industry or the financial and banking industry. (3) One individual who is a representative of a national floodplain management organization or a national organization of flood and stormwater management agencies. (4) One individual who is a representative of agricultural floodplain interests. (5) Three local landowners or farmers (or both) or representatives from local flood control associations in impacted areas, including the Central Valley of California, the Mississippi Valley, and the Missouri Valley. (6) Two individuals who are elected officials of units of general local governments who represent agricultural areas and rural communities. (7) Two individuals who have an interest or expertise in the issues specified in subsection (b). (d) Co-Chairs.--The Administrator and the Secretary, or their designees, shall serve as co-chairs of the task force. (e) Staff.--The Administrator and the Secretary may detail, on a reimbursable basis, any of the personnel of such agencies to the task force to assist the task force in carrying out its duties under this section. (f) Report.--Not later than one year after the appointment of the members of task force, the task force shall submit to the Committee on Financial Services and the Committee on Agriculture of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding the study conducted pursuant to subsection (b) that shall include any findings and conclusions of the study and recommended changes to the National Flood Insurance Program to strengthen the economic viability and vitality of agricultural areas and rural communities. The report shall include an analysis and recommendations regarding the following: (1) Impacts of the building restrictions of the National Flood Insurance Program on the repair, rehabilitation, replacement, construction, or alteration of agricultural production structures and repair, rehabilitation, construction, or replacement of associated rural community properties supporting the agricultural economy of the agricultural areas and rural communities. (2) Changes to the National Flood Insurance Act of 1968, regulations, or policy that might mitigate the impacts identified under paragraph (1). (3) The feasibility, advantages, and disadvantages of the establishment of a new National Flood Insurance Program flood zone for agricultural areas and rural communities. (4) Options for the National Flood Insurance Program to offer lower cost insurance in agricultural areas and rural communities due to lower losses associated with low-density population and structures of the rural area. (5) Financial implications to the National Flood Insurance Program if lower cost flood insurance was offered by the National Flood Insurance Program to agricultural areas and rural communities. (6) Premiums paid to and claims paid by the National Flood Insurance Program in agricultural areas and rural communities since the creation of the National Flood Insurance Program and a comparison of these figures to those in urban areas. (7) The potential impacts to economy and life safety from the allowance of in-fill construction or building expansion in agricultural areas and rural communities. (g) Termination.--The task force shall terminate 120 days after the date of the submission of the report under subsection (f).
Advancing Agricultural Floodplain Management Act of 2012 - Directs the Administrator of the Federal Emergency Management Agency (FEMA) and the Secretary of Agriculture (USDA) to jointly establish a task force to analyze the challenges faced by agricultural areas and rural communities designated as having special flood hazards for purposes of the national flood insurance program. Terminates the task force 120 days after it submits its report to Congress as required by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Preparation Program Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Education. (2) Secondary school.--The term ``secondary school'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (4) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 3. HIGHER EDUCATION PREPARATION PROGRAM CURRICULUM. (a) Program Authorized.--From amounts appropriated under section 6 for fiscal year 2005, the Secretary shall award, on a competitive basis, a grant to a nonprofit organization to enable the nonprofit organization to develop a curriculum-based higher education preparation program curriculum for students in grades 8, 9, and 10 that-- (1) educates such students about the opportunities for and the importance of higher education and prepares such students for the process of applying to institutions of higher education; and (2) provides 1 class hour of higher education preparation instruction each week for students in grades 8, 9, and 10. (b) Application.--Each nonprofit organization desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Award Basis.--In awarding a grant under this section, the Secretary shall take into consideration the ability of the nonprofit organization to develop the higher education preparation program curriculum described in subsection (a). SEC. 4. HIGHER EDUCATION PREPARATION PROGRAM DEMONSTRATION PROJECT. (a) Program Authorized.-- (1) In general.--From amounts appropriated under section 6, the Secretary shall establish a demonstration project under which the Secretary shall award, on a competitive basis, grants to State educational agencies to enable the State educational agencies to provide higher education preparation programs, using the higher education preparation program curriculum designed under section 3, to students in grades 8, 9, and 10 in middle schools and secondary schools served by the State educational agencies. (2) Number.--The Secretary shall award grants under paragraph (1) to not more than 5 State educational agencies. (3) Duration.--The Secretary shall award each grant under paragraph (1) for a period of 5 years. (b) Application.--Each State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (c) Authorized Activities.--A State educational agency receiving a grant under this section-- (1) shall use grant funds to implement the higher education preparation program curriculum developed under section 3 in middle schools and secondary schools served by the State educational agency; and (2) may use grant funds, or any other funds including private funds, to supplement the program described in paragraph (1) with appropriate enrichments, such as guest speakers, videos, or web-based services. (d) Award Basis.--In awarding grants under this section, the Secretary shall take into consideration the number of middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (e) Requirement.--In selecting students in grades 8, 9, and 10 to participate in the higher education preparation program, a State educational agency receiving a grant under this section shall give priority to students in the middle schools and secondary schools served by the State educational agency that have historically low rates of student application and admission to institutions of higher education. (f) State Educational Agency Reports.--A State educational agency receiving a grant under this section shall-- (1) require that each middle school and secondary school participating in the higher education preparation program submit an annual report on the progress of the demonstration project to the State educational agency; and (2) submit an annual report on the progress of the demonstration project to the Secretary. SEC. 5. REPORTS TO CONGRESS. (a) Annual Reports.--The Secretary shall submit to Congress an annual report on the progress of the demonstration project described under section 4. (b) Final Report.--Not less than 90 days after the conclusion of the demonstration project described under section 4, the Secretary shall submit to Congress a final report on the results of the demonstration project, together with recommendations for such legislative or administrative action as the Secretary determines appropriate. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $10,000,000 for each of fiscal years 2005 through 2010.
Higher Education Preparation Program Act of 2004 - Directs the Secretary of Education to award: (1) a competitive grant to a nonprofit organization to develop a curriculum-based higher education preparation program curriculum for students in grades eight, nine, and ten; and (2) competitive grants to up to five State educational agencies to use such curriculum in a demonstration project for providing higher education preparation programs to students in such grades in middle and secondary schools.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Sports Integrity Act''. TITLE I--PERFORMANCE ENHANCING DRUGS SEC. 101. SHORT TITLE. This Title may be cited as the ``Athletic Performance-Enhancing Drugs Research and Detection Act''. SEC. 102. RESEARCH AND DETECTION PROGRAM ESTABLISHED. (a) In General.--The Director of the National Institute of Standards and Technology shall establish and administer a program under this title to support research into the use of performance-enhancing substances by athletes, and methods of detecting their use. (b) Grants.-- (1) In general.--The program shall include grants of financial assistance, awarded on a competitive basis, to support the advancement and improvement of research into the use of performance-enhancing substances by athletes, and methods of detecting their use. (2) Banned substances.--In carrying out the program the Director shall consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by organizations, such as the International Olympic Committee, the United States Olympic Committee, the National Collegiate Athletic Association, the National Football League, the National Basketball Association, and Major League Baseball. (3) Research concentration.--In carrying out the program, the Director shall-- (A) fund research on the detection of naturally- occurring steroids and other testosterone precursors (e.g., androstendione), such as testosterone, and other substances, such as human growth hormone and erythropoietin for which no tests are available but for which there is evidence of abuse or abuse potential; (B) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant age, and major ethnic groups; and (C) not fund research on drugs of abuse, such as cocaine, phencyclidine, marijuana, morphine/codeine, and methamphetamine/amphetamine. (c) Technical and Scientific Peer Review.-- (1) In general.--The Director shall establish appropriate technical and scientific peer review procedures for evaluating applications for grants under the program. (2) Implementation.--The Director shall-- (A) ensure that grant applicants meet a set of minimum criteria before receiving consideration for an award under the program; (B) give preference to laboratories with an established record of athletic drug testing analysis; and (C) establish a minimum grant award of not less than $500,000. (3) Criteria.--The list of minimum criteria shall include requirements that each applicant-- (A) demonstrate a record of publication and research in the area of athletic drug testing; (B) provide a plan detailing the direct transference of the research findings to lab applications in athletic drug testing; and (C) certify that it is a not-for-profit research program. (4) Results.--The Director also shall establish appropriate technical and scientific peer review procedures for evaluating the results of research funded, in part or in whole by grants provided under the program. Each review conducted under this paragraph shall include a written report of findings and, if appropriate, recommendations prepared by the reviewer. The reviewer shall provide a copy of the report to the Director within 30 days after the conclusion of the review. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $4,000,000 per fiscal year to carry out this section for fiscal years 2001, 2002, 2003, 2004, and 2005. SEC. 103. PREVENTION AND INTERVENTION PROGRAMS. (a) In General.--The Director of the National Institute of Standards and Technology shall develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of performance-enhancing substances described in section 102(b)(2) by high school and college student athletes. The Director shall establish a set of minimum criteria for applicants to receive consideration for an award under the program. The list of minimum criteria shall include requirements that each applicant-- (1) propose an intervention and prevention program based on methodologically sound evaluation with evidence of drug prevention efficacy; and (2) demonstrate a record of publication and research in the area of athletic drug use prevention. (b) Minimum Grant Award.--The Director shall establish a minimum grant award of not less than $300,000 per recipient. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Director of the National Institute of Standards and Technology $3,000,000 per fiscal year to carry out this section for fiscal years 2001, 2002, 2003, 2004, and 2005. TITLE II--GAMBLING SEC. 201. PROHIBITION ON GAMBLING ON COMPETITIVE GAMES INVOLVING HIGH SCHOOL AND COLLEGE ATHLETES AND THE OLYMPICS. (a) In General.--The Ted Stevens Olympic and Amateur Sports Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following new subchapter: ``SUBCHAPTER III--MISCELLANEOUS ``Sec. 220541. Unlawful sports gambling: Olympics; high school and college athletes ``(a) Prohibition.--It shall be unlawful for-- ``(1) a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or ``(2) a person to sponsor, operate, advertise, or promote, pursuant to law or compact of a governmental entity, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly, on a competitive game or performance described in subsection (b). ``(b) Covered Games and Performances.--A competitive game or performance described in this subsection is the following: ``(1) One or more competitive games at the Summer or Winter Olympics. ``(2) One or more competitive games in which high school or college athletes participate. ``(3) One or more performances of high school or college athletes in a competitive game. ``(c) Applicability.--The prohibition in subsection (a) applies to activity described in that subsection without regard to whether the activity would otherwise be permitted under subsection (a) or (b) of section 3704 of title 28. ``(d) Injunctions.--A civil action to enjoin a violation of subsection (a) may be commenced in an appropriate district court of the United States by the Attorney General of the United States, a local educational agency, college, or sports organization, including an amateur sports organization or the corporation, whose competitive game is alleged to be the basis of such violation. ``(e) Definitions.--In this section: ``(1) The term `high school' has the meaning given the term `secondary school' in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). ``(2) The term `college' has the meaning given the term `institution of higher education' in section 101 of the Higher Education Act of 1965 (20 U.S.C. 8801). ``(3) The term `local educational agency' has the meaning given that term in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).'' (b) Clerical Amendment.--The table of sections at the beginning of that Act (chapter 2205 of title 36, United States Code) is amended by adding at the end the following: ``SUBCHAPTER III--MISCELLANEOUS ``220541. Unlawful sports gambling: Olympics; high school and college athletes.''.
Requires the Director to: (1) consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by organizations, such as the International Olympic Committee, the U.S. Olympic Committee, the National Collegiate Athletic Association, the National Football League, the National Basketball Association, and Major League Baseball; (2) fund research on the detection of naturally occurring steroids; and (3) not fund research on drugs of abuse, such as cocaine, marijuana, and methamphetamine. Sets forth provisions for: (1) grant applicant evaluations, preferences, criteria, and awards; and (2) evaluating results of funded research. Authorizes appropriations. (Sec. 103) Requires the Director to develop a grant program to fund educational substance abuse prevention and intervention programs related to the use of such banned performance-enhancing substances by high school and college student athletes. Authorizes appropriations. Title II: Gambling - Amends the Ted Stevens Olympic and Amateur Sports Act to make it unlawful for a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact, or a person to sponsor, operate, advertise, or promote, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based on: (1) a competitive game at the Summer or Winter Olympics; (2) a competitive game in which high school or college athletes participate; or (3) a performance of high school or college athletes in a competitive game. Permits a civil action to enjoin a violation of this title.
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SECTION 1. INCREASE IN PUBLIC DEBT LIMIT. Subsection (b) of section 3101 of title 31, United States Code, is amended by striking the dollar amount contained therein and inserting ``$4,920,000,000,000''. SEC. 2. APPLICABILITY OF PUBLIC DEBT LIMIT TO FEDERAL TRUST FUNDS AND OTHER FEDERAL ACCOUNTS. (a) Protection of Federal Funds.--Notwithstanding any other provision of law-- (1) no officer or employee of the United States may-- (A) delay the deposit of any amount into (or delay the credit of any amount to) any Federal fund or otherwise vary from the normal terms, procedures, or timing for making such deposits or credits, or (B) refrain from the investment in public debt obligations of amounts in any Federal fund, if a purpose of such action or inaction is to not increase the amount of outstanding public debt obligations, and (2) no officer or employee of the United States may disinvest amounts in any Federal fund which are invested in public debt obligations if a purpose of the disinvestment is to reduce the amount of outstanding public debt obligations. (b) Protection of Benefits and Expenditures for Administrative Expenses.-- (1) In general.--Notwithstanding subsection (a), during any period for which cash benefits or administrative expenses would not otherwise be payable from a covered benefits fund by reason of an inability to issue further public debt obligations because of the applicable public debt limit, public debt obligations held by such covered benefits fund shall be sold or redeemed only for the purpose of making payment of such benefits or administrative expenses and only to the extent cash assets of the covered benefits fund are not available from month to month for making payment of such benefits or administrative expenses. (2) Issuance of corresponding debt.--For purposes of undertaking the sale or redemption of public debt obligations held by a covered benefits fund pursuant to paragraph (1), the Secretary of the Treasury may issue corresponding public debt obligations to the public, in order to obtain the cash necessary for payment of benefits or administrative expenses from such covered benefits fund, notwithstanding the public debt limit. (3) Advance notice of sale or redemption.--Not less than 3 days prior to the date on which, by reason of the public debt limit, the Secretary of the Treasury expects to undertake a sale or redemption authorized under paragraph (1), the Secretary of the Treasury shall report to each House of the Congress and to the Comptroller General of the United States regarding the expected sale or redemption. Upon receipt of such report, the Comptroller General shall review the extent of compliance with subsection (a) and paragraphs (1) and (2) of this subsection and shall issue such findings and recommendations to each House of the Congress as the Comptroller General considers necessary and appropriate. (c) Public Debt Obligation.--For purposes of this section, the term ``public debt obligation'' means any obligation subject to the public debt limit established under section 3101 of title 31, United States Code. (d) Federal Fund.--For purposes of this section, the term ``Federal fund'' means any Federal trust fund or Government account established pursuant to Federal law to which the Secretary of the Treasury has issued or is expressly authorized by law directly to issue obligations under chapter 31 of title 31, United States Code, in respect of public money, money otherwise required to be deposited in the Treasury, or amounts appropriated. (e) Covered Benefits Fund.--For purposes of subsection (b), the term ``covered benefits fund'' means any Federal fund from which cash benefits are payable by law in the form of retirement benefits, separation payments, life or disability insurance benefits, or dependent's or survivor's benefits, including (but not limited to) the following: (1) the Federal Old-Age and Survivors Insurance Trust Fund; (2) the Federal Disability Insurance Trust Fund; (3) the Civil Service Retirement and Disability Fund; (4) the Government Securities Investment Fund; (5) the Department of Defense Military Retirement Fund; (6) the Unemployment Trust Fund; (7) each of the railroad retirement funds and accounts; (8) the Department of Defense Education Benefits Fund and the Post-Vietnam Era Veterans Education Fund; and (9) the Black Lung Disability Trust Fund. (f) Conforming Amendments.-- (1) In general.--Subsections (j), (k), and (l) of section 8348 of title 5, United States Code, and subsections (g) and (h) of section 8438 of such title are hereby repealed. (2) Retention of authority to restore trust funds with respect to actions taken before date of enactment.-- (A) In general.--The repeals made by paragraph (1) shall not apply to the restoration requirements imposed on the Secretary of the Treasury (or the Executive Director referred to in section 8438(g)(5) of title 5, United States Code) with respect to amounts attributable to actions taken under subsection (j)(1) or (k) of section 8348, or section 8438(g)(1), of such title before the date of the enactment of this Act. (B) Restoration requirements.--For purposes of subparagraph (A), the term ``restoration requirements'' means the requirements imposed by-- (i) paragraphs (2), (3), and (4) of subsection (j), and subsection (l)(1), of section 8348 of such title, and (ii) paragraphs (2), (3), (4), and (5) of subsection (g), and subsection (h)(1), of section 8438 of such title. SEC. 3. LIMITATION ON ISSUANCE OF PUBLIC DEBT OBLIGATIONS AFTER DECEMBER 31, 2001. No obligation subject to the limitation under section 3101(b) of title 31, United States Code, may be issued to the public after December 31, 2001. The preceding sentence shall not apply to any obligation (or series of obligations) issued to refund an obligation issued before January 1, 2002. SEC. 4. AUTHORITY TO ESTABLISH PRIORITIES IN MANAGING CASH POSITION OF UNITED STATES. Section 3101 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(d) Whenever the United States Government is unable to borrow in a timely manner sufficient funds to meet its needs because of the limit set forth in subsection (b), the Secretary of the Treasury is authorized to manage the cash position of the United States Government pursuant to priorities established by the President for making payments.''. SEC. 5. PROHIBITION OF SALES OF ASSETS TO AVOID PUBLIC DEBT LIMIT. Notwithstanding any other provision of law, no officer or employee of the United States may sell any property of the United States if the primary purpose of such sale is to avoid the limitation set forth in section 3101(b) of title 31, United States Code (relating to public debt limit).
Amends Federal law to increase the public debt limit to $4.92 trillion. Prohibits any U.S. officer or employee from delaying a deposit or credit to, or refraining from investment in public debt obligations in, any Federal fund if the purpose is to reduce or not increase public debt. Allows, notwithstanding the public debt limit, the sale or redemption of public debt obligations held by a covered benefits fund in order to get the cash necessary for payment of benefits or administrative expenses. Prohibits issuance, after December 31, 2001, of public debt obligations subject to limitation under specified provisions of Federal law. Declares that the prohibition does not apply to any obligations issued to refund an obligation issued before January 1, 2002. Authorizes the Secretary of the Treasury, when the Government is unable to borrow sufficient funds because of the public debt limit, to manage the U.S. cash position under the priorities established by the President for making payments. Prohibits any U.S. officer or employee from selling any U.S. property if the primary purpose of the sale is to avoid the public debt limit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Missing Mercury in Manufacturing Monitoring and Mitigation Act''. SEC. 2. FINDINGS. Congress finds that-- (1) mercury and mercury compounds are highly toxic to humans, ecosystems, and wildlife; (2) as many as 10 percent of women in the United States of childbearing age have mercury in their bloodstreams at a level that could pose risks to their unborn babies, and as many as 630,000 children born annually in the United States are at risk of neurological problems relating to mercury exposure in utero; (3) the most significant source of mercury exposure to people in the United States is ingestion of mercury- contaminated fish; (4) the Environmental Protection Agency reports that, as of 2004, as a result of mercury contamination-- (A) 44 States have fish advisories covering more than 13,000,000 lake acres and more than 750,000 river miles; (B) in 21 States, the freshwater fish advisories are statewide; and (C) in 12 States, the coastal fish advisories are statewide; (5) the long-term solution to mercury pollution is to minimize global mercury use and releases of mercury to eventually achieve reduced contamination levels in the environment, rather than reducing fish consumption, since uncontaminated fish represents a critical and healthy source of nutrition for people worldwide; (6) an estimated additional 24,000 to 30,000 tons of mercury are used at mercury cell chlor-alkali plants worldwide; (7) mercury pollution is a transboundary pollutant that-- (A) is deposited locally, regionally, and globally; and (B) affects bodies of water near industrial areas, such as the Great Lakes, as well as bodies of water in remote areas, such as the Arctic Circle; (8)(A) of the approximately 30 plants in the United States that produce chlorine, only 8 use the obsolete ``mercury cell'' chlor-alkali process; and (B) the 8 plants described in subparagraph (A) that use the mercury cell chlor-alkali process release or lose a quantity of mercury that rivals the mercury emissions of all coal-fired power plants in the United States; (9)(A) only about 10 percent of the total quantity of chlorine and caustic soda produced comes from the chlor-alkali plants described in paragraph (8) that use the mercury cell chlor-alkali process; and (B) cost-effective alternatives are available and in use in the remaining 90 percent of chlorine and caustic soda production, and other countries, including Japan, have already banned the mercury cell chlor-alkali process; (10) as of the date of enactment of this Act, the chlor- alkali industry in the United States possesses approximately 2,500 tons of mercury at facilities using the mercury cell process and historically has used substantially greater quantities of mercury because many more facilities in the past used the mercury cell process; (11) the chlor-alkali industry acknowledges that-- (A) mercury can contaminate products manufactured at mercury cell facilities; and (B) the use of some of those products results in the direct and indirect release of mercury; (12) despite those quantities of mercury known to have been used or to be in use, the chlor-alkali industry and the Environmental Protection Agency have failed-- (A) to adequately account for the disposition of the mercury used at those facilities; and (B) to accurately estimate current mercury emissions; and (13) it is critically important that the United States work aggressively toward the monitoring and mitigation of domestically-used mercury. SEC. 3. STATEMENT OF POLICY. Congress declares that the United States should develop policies and programs that will-- (1) reduce mercury use and emissions within the United States; (2) reduce mercury releases from the reservoir of mercury currently in use or circulation within the United States; and (3) reduce exposures to mercury, particularly exposures of women of childbearing age and young children. SEC. 4. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. (a) In General.--Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting after section 6 the following: ``SEC. 6A. USE OF MERCURY IN CHLORINE AND CAUSTIC SODA MANUFACTURING. ``(a) Definitions.--In this section: ``(1) Chlor-alkali facility.--The term `chlor-alkali facility' means a facility used for the manufacture of chlorine or caustic soda using a mercury cell process. ``(2) Hazardous waste; solid waste.--The terms `hazardous waste' and `solid waste' have the meanings given those terms in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903). ``(b) Prohibition.--Effective beginning January 1, 2012, the manufacture of chlorine or caustic soda using mercury cells is prohibited in the United States. ``(c) Reporting.-- ``(1) In general.--Not later than April 1, 2007, and annually thereafter through April 1, 2012, the owner or operator of each chlor-alkali facility shall submit to the Administrator and the State in which the chlor-alkali facility is located a report that identifies-- ``(A) each type and quantity of mercury-containing hazardous waste and nonhazardous solid waste generated by the chlor-alkali facility during the preceding calendar year; ``(B) the mercury content of the wastes; ``(C) the manner in which each waste was managed, including the location of each offsite location to which the waste was transported for subsequent handling or management; ``(D) the volume of mercury released, intentionally or unintentionally, into the air or water by the chlor- alkali facility, including mercury released from emissions or vaporization; ``(E) the volume of mercury estimated to have accumulated in pipes and plant equipment of the chlor- alkali facility, including a description of-- ``(i) the applicable volume for each type of equipment; and ``(ii) methods of accumulation; and ``(F) the quantity and forms of mercury found in all products produced for sale by the chlor-alkali facility. ``(2) Avoidance of duplication.--To avoid duplication, the Administrator may permit the owner or operator of a facility described in paragraph (1) to combine and submit the report required under this subsection with any report required to be submitted by the owner or operator under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.). ``(d) Inventory.-- ``(1) In general.--For each chlor-alkali facility that ceases operations on or after July 1, 2008, not later than 1 year after the date of cessation of operations, the Administrator, in consultation with the State in which the facility is located, shall conduct a comprehensive mercury inventory covering the life and closure of the chlor-alkali facility, taking into the account-- ``(A) the total quantity of mercury purchased to start and operate the chlor-alkali facility; ``(B) the total quantity of mercury remaining in mercury cells and other equipment at the time of closure of the chlor-alkali facility; ``(C) the estimated quantity of mercury in hazardous waste, nonhazardous solid waste, and products generated at the chlor-alkali facility during the operational life of the chlor-alkali facility; and ``(D) the estimated aggregate mercury releases from the chlor-alkali facility into air and other environmental media. ``(2) Records and information.--In carrying out paragraph (1), the Administrator shall obtain mercury purchase records and such other information from each chlor-alkali facility as are necessary to determine, as accurately as practicable from available information, the magnitude and nature of mercury releases from the chlor-alkali facility into air and other environmental media. ``(e) Transfer to Storage.-- ``(1) Regulations.--Not later than July 1, 2008, the Administrator shall promulgate regulations establishing the terms and conditions necessary to facilitate the transfer and storage of mercury located at closed or closing chlor-alkali facilities, including the allocation of costs and potential liabilities of that transfer and storage. ``(2) Deadline for transfer.--Beginning on July 1, 2008, elemental mercury located at a closed or closing chlor-alkali facility that has ceased operations shall be transferred to a storage facility established by the Administrator in accordance with the regulations promulgated under paragraph (1). ``(f) Health Assessment.--Not later than July 1, 2009, for each chlor-alkali facility that continues to operate as of July 1, 2008, the Administrator, in coordination with the Administrator of the Agency for Toxic Substances and Disease Registry, shall conduct a health assessment of employees at the chlor-alkali facility. ``(g) Regulations.--In addition to regulations described in subsection (e)(1), the Administrator may promulgate such regulations, including the establishment of a reporting form for use in accordance with subparagraph (c), as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents of the Toxic Substances Control Act (15 U.S.C. 2601 note) is amended by inserting after the item relating to section 6 the following: ``Sec. 6A. Use of mercury in chlorine and caustic soda manufacturing.''.
Missing Mercury in Manufacturing Monitoring and Mitigation Act - Declares that the United States should develop policies and programs that will reduce: (1) mercury use and emissions; (2) mercury releases from the reservoir of mercury currently in use or circulation; and (3) exposures to mercury, particularly exposures of women of childbearing age and young children. Amends the Toxic Substances Control Act to prohibit the manufacture of chlorine or caustic soda using mercury cells, effective January 1, 2012. Requires the owner or operator of each chlor-alkali facility to submit to the Environmental Protection Agency (EPA) Administrator and the state in which the facility is located an annual report for 2007-2012 concerning mercury waste, emissions, and content in products. Requires: (1) EPA to conduct a comprehensive mercury inventory covering the life and closure of chlor-alkali facilities that cease operations on or after July 1, 2008; (2) EPA to establish regulations to facilitate the transfer and storage of mercury located at closed facilities, including the allocation of costs and potential liabilities; and (3) beginning on July 1, 2008, the transfer of elemental mercury located at a closed facility that has ceased operations to a storage facility established by EPA in accordance with such regulations. Requires EPA, in coordination with the Adminstrator of the Agency for Toxic Substances and Disease Registry Administrator, by July 1, 2009, to conduct a health assessment of employees at chlor-alkali facilities that continue to operate as of July 1, 2008.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``No More Land Act''. SEC. 2. LIMITATION ON USE OF FUNDS FROM LAND AND WATER CONSERVATION FUND. The Land and Water Conservation Fund Act of 1965 is amended-- (1) in section 1(b)(2) (16 U.S.C. 460l-4(b)(2)) by striking ``acquisition and development'' and inserting ``maintenance''; (2) in section 5 (16 U.S.C. 460l-7) in the last sentence, in the text preceding paragraph (1), by striking ``acquisition'' and inserting ``maintenance''; (3) in section 7(a) (16 U.S.C. 460l-9(a))-- (A) in the matter preceding paragraph (1) by inserting ``for maintenance'' after ``otherwise allotted''; (B) in paragraph (1)-- (i) in the matter preceding the first undesignated paragraph by striking ``For the acquisition'' and inserting ``For the maintenance''; (ii) by amending the second undesignated paragraph to read as follows: ``National forest system.--Wilderness areas of the National Forest System, and other areas of national forests that are primarily of value for outdoor recreation.''. (iii) by amending the third undesignated paragraph to read as follows: ``National wildlife refuge system.--Federal lands that are acquired for endangered species and threatened species under section 5(a) of the Endangered Species Act of 1973; areas acquired under section 2 of the Act of September 28, 1962 (16 U.S.C. 460k-1); national wildlife refuge areas acquired under section 7(a)(5) of the Fish and Wildlife Act of 1956 (16 U.S.C. 742f(a)(4)), and wetlands acquired under section 304 of the Emergency Wetlands Resources Act of 1986; and any areas acquired for the National Wildlife Refuge System by specific Acts.''; and (C) by striking paragraph (3); (4) in subsection (b) of section 7 (16 U.S.C. 460l-9(b)) by striking ``unless'' and all that follows through the end of the subsection and inserting a period; (5) by striking subsection (c) of section 7 (16 U.S.C. 460l-9(c)); and (6) by striking sections 9 and 10 (16 U.S.C. 460l-10a and 460l-10b). SEC. 3. REQUIREMENT TO REDUCE BACKLOGGED MAINTENANCE. The head of each covered landholding agency shall-- (1) by not later than the end of the 5-fiscal-year period beginning on the date of the enactment of this Act, reduce by at least 20 percent the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to lands under the administrative jurisdiction of the agency; and (2) by not later than the end of each 5-fiscal-year period thereafter, reduce the dollar value of backlogged maintenance that exists on the first day of that period with respect to lands under the administrative jurisdiction of the agency, by an amount that is equal to or greater than the sum of-- (A) 20 percent of the dollar value of backlogged maintenance that exists on the date of the enactment of this Act with respect to such lands; (B) the amount of any reduction in backlogged maintenance previously required under this section that has not been carried out; and (C) any additional backlogged maintenance that arose on or after the date of the enactment of this Act and that has not been carried out. SEC. 4. REPORTS ON REDUCTION OF BACKLOGGED MAINTENANCE. (a) In General.--The head of each covered landholding agency shall publish and submit reports to the Congress that-- (1) document the progress made by the agency in reducing backlogged maintenance with respect to lands under the administrative jurisdiction of the agency, including a statement of-- (A) the dollar value of the reduction in backlogged maintenance that has been achieved by the agency in the 5-fiscal-year period covered by the report; (B) whether or not the agency, in the 5-fiscal-year period covered by the report, has achieved the reduction in backlogged maintenance required to be achieved by the agency under section 3 for that period; and (C) the amount (if any) by which the dollar value stated in subparagraph (A) is less than the amount of reduction in backlogged maintenance that is required to be achieved by the agency under section 3; (2) include a prioritized list of construction, deferred maintenance, and regular maintenance projects the agency must carry out in order to achieve reductions in backlogged maintenance required under section 3; and (3) include a plan for carrying out such projects over the next 5 fiscal years. (b) Timing of Reports.--The head of a covered landholding agency-- (1) shall publish and submit the first report under this section by not later than 30 days after the end of the first 5- fiscal-year period beginning after the date of the enactment of this Act; and (2) shall publish and submit subsequent reports under this section by not later than 30 days after the end of each subsequent 5-fiscal-year period thereafter until all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of the agency. (c) Final Report.--Not later than December 31 of the year in which all backlogged maintenance has been completed with respect to lands under the administrative jurisdiction of a covered landholding agency, the head of the agency shall submit to the Congress a final report that, in detail-- (1) prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, based on the success of programs of the agency that relate to such lands; (2) describes a system of regular maintenance that is required with respect to such lands; and (3) includes a prioritized list of capital improvement projects for such lands. SEC. 5. PRIORITIZATION OF LANDS. Not later than 4 years after the date of the enactment of this Act, the head of each covered landholding agency shall submit to the Congress a report that prioritizes lands that are owned by the Federal Government and under the administrative jurisdiction of the agency, from highest to lowest priority in the order of their importance to the success of programs carried out by the agency. SEC. 6. DEFINITIONS. In this Act: (1) Backlogged maintenance.--The term ``backlogged maintenance''-- (A) means the total dollar value of regular maintenance, deferred maintenance, and capital improvement to be carried out with respect to lands under the administrative jurisdiction of a covered landholding agency that has not been completed; and (B) is deemed to be, on the date of the enactment of this Act-- (i) $600,000,000 with respect to lands under the administrative jurisdiction of the Bureau of Land Management; (ii) $2,300,000,000 with respect to lands under the administrative jurisdiction of the United States Fish and Wildlife Service; (iii) $314,000,000 with respect to lands under the administrative jurisdiction of the Forest Service; and (iv) $11,500,000,000 with respect to lands under the administrative jurisdiction of the National Park Service. (2) Covered landholding agency.--The term ``covered landholding agency'' means each of-- (A) the Bureau of Land Management; (B) the United States Fish and Wildlife Service; (C) the Forest Service; and (D) the National Park Service. (3) Maintenance.--The term ``maintenance'' means the upkeep of real property, including capital improvement and development.
No More Land Act - Amends the Land and Water Conservation Fund Act of 1965 to prohibit the Land and Water Conservation Fund from being used for acquisition. Directs the heads of the Bureau of Land Management (BLM), the Fish and Wildlife Service, the Forest Service, and the National Park Service to reduce the value of backlogged maintenance that exists on lands under the administrative jurisdiction of that agency by at least 20% in five years, with additional decreases in the backlog for subsequent years. Instructs each agency to publish reports to Congress that document the progress made by reducing the backlogs. Requires each agency to submit to Congress a report that prioritizes lands owned by the federal government and under the administrative jurisdiction of that agency by order of importance to the success of agency programs.
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SECTION 1. SHORT TITLE. This title may be cited as the ``Israeli-Palestinian Peace Enhancement Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The security of the State of Israel is a major and enduring national security interest of the United States. (2) A lasting peace in the Middle East region can only take root in an atmosphere free of violence and terrorism. (3) The Palestinian people have been ill-served by leaders who, by resorting to violence and terrorism to pursue their political objectives, have brought economic and personal hardship to their people and brought a halt to efforts seeking a negotiated settlement of the conflict. (4) The United States has an interest in a Middle East in which two states, Israel and Palestine, will live side by side in peace and security. (5) In his speech of June 24, 2002, and in other statements, President George W. Bush outlined a comprehensive vision of the possibilities of peace in the Middle East region following a change in Palestinian leadership. (6) The Palestinian state must be a reformed, peaceful, and democratic state that abandons forever the use of terror. (7) On April 29, 2003, the Palestinian Legislative Council confirmed in office, by a vote of 51 yeas, 18 nays, and 3 abstentions, the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet. (8) In his remarks prior to the vote of the Palestinian Legislative Council, Mr. Abbas declared: ``The government will concentrate on the question of security . . . The unauthorized possession of weapons, with its direct threat to the security of the population, is a major concern that will be relentlessly addressed . . . There will be no other decision-making authority except for the Palestinian Authority.''. (9) In those remarks, Mr. Abbas further stated: ``We denounce terrorism by any party and in all its forms both because of our religious and moral traditions and because we are convinced that such methods do not lend support to a just cause like ours but rather destroy it.''. (10) Israel has repeatedly indicated its willingness to make painful concessions to achieve peace once there is a partner for peace on the Palestinian side. SEC. 3. PURPOSES. The purposes of this title are-- (1) to express the sense of Congress with respect to United States recognition of a Palestinian state; and (2) to demonstrate United States willingness to provide substantial economic and humanitarian assistance, and to support large-scale multilateral assistance, after the Palestinians have achieved the reforms outlined by President Bush and have achieved peace with the State of Israel. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) peace between Israel and the Palestinians cannot be negotiated until the Palestinian system of government has been transformed along the lines outlined in President Bush's June 24, 2002, speech; (2) substantial United States and international economic assistance will be needed after the Palestinians have achieved the reforms described in section 620K(c)(2) of the Foreign Assistance Act of 1961 (as added by section 1506 of this Act) and have made a lasting and secure peace with Israel; (3) the Palestinian people merit commendation on the confirmation of the Palestinian Authority's first prime minister, Mahmoud Abbas (Abu Mazen), and his cabinet; (4) the new Palestinian administration urgently should take the necessary security-related steps to allow for implementation of a performance-based road map to resolve the Israeli-Palestinian conflict; (5) the United States Administration should work vigorously toward the goal of two states living side-by-side in peace within secure and internationally-recognized boundaries free from threats or acts of force; and (6) the United States has a vital national security interest in a permanent, comprehensive, and just resolution of the Arab-Israeli conflict, and particularly the Palestinian- Israeli conflict, based on the terms of United Nations Security Council Resolutions 242 and 338. SEC. 5. RECOGNITION OF A PALESTINIAN STATE. It is the sense of Congress that a Palestinian state should not be recognized by the United States until the President determines that-- (1) a new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and taken office; and (2) the newly-elected Palestinian governing entity-- (A) has demonstrated a firm and tangible commitment to peaceful coexistence with the State of Israel and to ending anti-Israel incitement, including the cessation of all officially sanctioned or funded anti-Israel incitement; (B) has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures and the confiscation of unlawful weaponry; (C) has established a new Palestinian security entity that is fully cooperating with the appropriate Israeli security organizations; (D) has achieved exclusive authority and responsibility for governing the national affairs of a Palestinian state, has taken effective steps to ensure democracy, the rule of law, and an independent judiciary, and has adopted other reforms ensuring transparent and accountable governance; and (E) has taken effective steps to ensure that its education system promotes the acceptance of Israel's existence and of peace with Israel and actively discourages anti-Israel incitement. SEC. 6. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended-- (1) by redesignating the second section 620G (as added by section 149 of Public Law 104-164 (110 Stat. 1436)) as section 620J; and (2) by adding at the end the following new section: ``SEC. 620K. LIMITATION ON ASSISTANCE TO A PALESTINIAN STATE. ``(a) Limitation.-- ``(1) In general.--Notwithstanding any other provision of law, assistance may be provided under this Act or any other provision of law to the government of a Palestinian state only during a period for which a certification described in subsection (c) is in effect. The limitation contained in the preceding sentence shall not apply (A) to humanitarian or development assistance that is provided through nongovernmental organizations for the benefit of the Palestinian people in the West Bank and Gaza, or (B) to assistance that is intended to reform the Palestinian Authority and affiliated institutions, or a newly elected Palestinian governing entity, in order to help meet the requirements contained in subparagraphs (A) through (H) of subsection (c)(2) or to address the matters described in subparagraphs (A) through (E) of section 1505(2) of the Israeli-Palestinian Peace Enhancement Act of 2003. ``(2) Waiver.--The President may waive the limitation of the first sentence of paragraph (1) if the President determines and certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that it is vital to the national interest of the United States to do so. ``(b) Congressional Notification.-- ``(1) In general.--Assistance made available under this Act or any other provision of law to a Palestinian state may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(2) Sunset.--Paragraph (1) shall cease to be effective beginning ten years after the date on which notice is first provided under such paragraph. ``(c) Certification.--A certification described in this subsection is a certification transmitted by the President to Congress that-- ``(1) a binding international peace agreement exists between Israel and the Palestinians that-- ``(A) was freely signed by both parties; ``(B) guarantees both parties' commitment to a border between two states that constitutes a secure and internationally recognized boundary for both states, with no remaining territorial claims; ``(C) provides a permanent resolution for both Palestinian refugees and Jewish refugees from Arab countries; and ``(D) includes a renunciation of all remaining Palestinian claims against Israel through provisions that commit both sides to the ``end of the conflict''; and ``(2) the new Palestinian government-- ``(A) has been democratically elected through free and fair elections, has exclusive authority and responsibility for governing the national affairs of the Palestinian state, and has achieved the reforms outlined by President Bush in his June 24, 2002, speech; ``(B) has completely renounced the use of violence against the State of Israel and its citizens, is vigorously attempting to prevent any acts of terrorism against Israel and its citizens, and punishes the perpetrators of such acts in a manner commensurate with their actions; ``(C) has dismantled, and terminated the funding of, any group within its territory that conducts terrorism against Israel; ``(D) is engaging in ongoing and extensive security cooperation with the State of Israel; ``(E) refrains from any officially sanctioned or funded statement or act designed to incite Palestinians or others against the State of Israel and its citizens; ``(F) has an elected leadership not compromised by terror; ``(G) is demilitarized; and ``(H) has no alliances or agreements that pose a threat to the security of the State of Israel. ``(d) Recertifications.--Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (c), and every 6 months thereafter for the 10-year period beginning on the date of transmittal of such certification-- ``(1) the President shall transmit to Congress a recertification that the requirements contained in subsection (c) are continuing to be met; or ``(2) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(e) Rule of Construction.--A certification under subsection (c) shall be deemed to be in effect beginning on the day after the last day of the 10-year period described in subsection (d) unless the President subsequently determines that the requirements contained in subsection (c) are no longer being met and the President transmits to Congress a report that contains the reasons therefor.''. SEC. 7. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. Chapter 1 of part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et seq.), as amended by section 1506, is further amended by adding at the end the following new section: ``SEC. 620L. AUTHORIZATION OF ASSISTANCE TO A PALESTINIAN STATE. ``(a) Assistance.--The President is authorized to provide assistance to a Palestinian state in accordance with the requirements of this section. ``(b) Activities To Be Supported.--Assistance provided under subsection (a) shall be used to support activities within a Palestinian state to substantially improve the economy and living conditions of the Palestinians by, among other things, providing for economic development in the West Bank and Gaza, continuing to promote democracy and the rule of law, developing water resources, assisting in security cooperation between Israelis and Palestinians, and helping with the compensation and rehabilitation of Palestinian refugees. ``(c) Authorization of Appropriations.--Of the amounts made available to carry out chapter 4 of part II of this Act for a fiscal year, there are authorized to be appropriated to the President to carry out subsections (a) and (b) such sums as may be necessary for each such fiscal year. ``(d) Coordination of International Assistance.-- ``(1) In general.--Beginning on the date on which the President transmits to Congress an initial certification under section 620K(c), the Secretary of State shall seek to convene one or more donors conferences to gain commitments from other countries, multilateral institutions, and nongovernmental organizations to provide economic assistance to Palestinians to ensure that such commitments to provide assistance are honored in a timely manner, to ensure that there is coordination of assistance among the United States and such other countries, multilateral institutions, and nongovernmental organizations, to ensure that the assistance provided to Palestinians is used for the purposes for which it was provided, and to ensure that other countries, multilateral institutions, and nongovernmental organizations do not provide assistance to Palestinians through entities that are designated as terrorist organizations under United States law. ``(2) Report.--Not later than 180 days after the date of the enactment of this section, and on an annual basis thereafter, the Secretary of State shall prepare and submit to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate a report that describes the activities undertaken to meet the requirements of paragraph (1), including a description of amounts committed, and the amounts provided, to a Palestinian state or Palestinians during the reporting period by each country and organization.''.
Israeli-Palestinian Peace Enhancement Act of 2003 - Calls for: (1) the Palestinian administration to take security related steps to implement a performance based road map to resolve the Israeli-Palestinian conflict; and (2) the U.S. administration to work toward the two states living in peace within secure and internationally recognized boundaries. Expresses the sense of Congress that a Palestinian state should not be recognized until the President makes specified determinations, including that new leadership of a Palestinian governing entity, not compromised by terrorism, has been elected and has taken appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza. Amends the Foreign Assistance Act to allow U.S. assistance to be provided to a Palestinian state only: (1) during the effective period of a presidential certification that a binding international peace agreement exists between Israel and the Palestinians and that the new Palestinian government has been democratically elected, has renounced violence against Israel, has dismantled any group that conducts terrorism against Israel, is demilitarized, and has no agreements that threaten Israel's security; and (2) if the President has provided advance notice to Congress. Authorizes the President to provide assistance to a Palestinian state to support activities to substantially improve the economy and living conditions of the Palestinians. Directs the Secretary of State to seek to convene donors conferences to gain commitments from other countries, multilateral institutions, and non-governmental organizations to provide economic assistance to Palestinians.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent Fairness Act of 1999''. SEC. 2. PATENT TERM RESTORATION REVIEW PROCEDURE FOR CERTAIN DRUG PRODUCTS. (a) Patent Term Restoration.-- (1) In general.--Chapter 14 of title 35, United States Code, is amended by inserting after section 155A the following new section: ``Sec. 155B. Patent term restoration review procedure for certain drug products ``(a) Definitions.--For purposes of this section-- ``(1) the term `Commissioner' means the Commissioner of Patents and Trademarks; and (2) the term `drug product' has the meaning given such term under section 156(f)(2)(A). ``(b) Special Patent Term Review Procedure.-- ``(1) In general.--The term of any patent, in force on September 24, 1984, and on the date of the filing of an application under this section, that claims-- ``(A) a drug product, ``(B) a method of using a drug product, or ``(C) a method of manufacturing a drug product, shall be restored under paragraph (4) from the expiration date of the patent term determined under section 154 (including any extension granted under section 156) if the Commissioner determines that the standards under paragraph (2) have been met. ``(2) Standards.--Upon application, filed under paragraph (6), by the owner of record of a patent described in paragraph (1) or its agent and consideration of the application and all materials submitted by parties that would be aggrieved by grant of the restoration of the term of such patent, the term of such patent shall be restored if the Commissioner determines that-- ``(A) the period set forth in section 156(g)(1)(B)(ii) for the drug product exceeded 60 months; and ``(B) there is no substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence (as such term is defined in section 156(d)(3)) during the period referred to in section 156(g)(1)(B)(ii). If the Commissioner determines there is substantial evidence that the applicant for patent term restoration did not act with due diligence during a part of the period referred to in section 156(g)(1)(B)(ii) that part shall be deducted from the total amount of time in such period for purposes of paragraph (4). ``(3) Records.--The Commissioner may request and obtain relevant records from the Food and Drug Administration to verify the facts underlying the Commissioner's determinations under paragraph (2). Such records shall be afforded the same protections against public disclosure that apply to such records when in the possession of the Food and Drug Administration. ``(4) Restoration term.--If the Commissioner determines that the standards in paragraph (2) have been met for a patent, the term of such patent shall be restored for a restoration period equal to the period set forth in section 156(g)(1)(B)(ii) for the drug product that is the subject of an application under paragraph (6), except that-- ``(A) the restoration period shall be reduced by any deduction made pursuant to paragraph (2); ``(B) if the sum of-- ``(i) the remaining term of such patent after the date of the approval of the drug product covered by the patent under the provision of law under which the regulatory review occurred, and ``(ii) the restoration period as revised under subparagraph (A), exceeds 14 years, the restoration period shall be reduced so that the total of such periods does not exceed 14 years; and ``(C) the restoration period, after any adjustment required by subparagraph (A) or (B) plus any previous extension of the patent term under section 156(c), shall not exceed 5 years. ``(5) Infringement.--During the period of any restoration granted under this subsection, the rights derived from a patent the term of which is restored shall be determined in accordance with sections 156(b) and 271. ``(6) Procedure.-- ``(A) Time for filing.--An application under this section shall be filed with the Commissioner within 90 days after the date of the enactment of this section. ``(B) Filing and determination.--Upon the filing of an application to the Commissioner under this section-- ``(i) the Commissioner shall publish within 30 days of its filing a notice in the Federal Register of receipt of the application; ``(ii) any party who would be aggrieved by the granting of a patent term restoration under the application may submit comments on the application within the 30-day period beginning on the date of publication of the notice under clause (i); ``(iii) within 7 days following the expiration of the 30-day comment period, the Commissioner shall forward a copy of all comments received to the applicant who shall be entitled to submit a response to such comments to the Commissioner within 30 days after receipt of the comments from the Commissioner; ``(iv) within 30 days following the receipt of the applicant's response to comments or, if there are no such comments, within 30 days following expiration of the 30-day comment period, the Commissioner shall, in writing-- ``(I) determine whether to grant the patent term restoration for which the application was filed; and ``(II) make specific findings regarding the criteria set forth in paragraph (2); and ``(V) if the Commissioner grants such patent term restoration, on the same date that the Commissioner makes the determination under clause (iv) the Commissioner shall-- ``(I) issue to the applicant a certificate of patent term restoration, under seal, for the period prescribed under paragraph (4); and ``(II) record the certificate in the official file of the patent, which certificate shall be in effect from such date and shall be considered a part of the original patent. ``(C) Interim restoration.--If the term of a patent that is the subject of an application filed under this section would otherwise expire before a determination under subparagraph (B)(iv) is made, the Commissioner shall extend the term of such patent until-- ``(i) a determination is made under such subparagraph to restore the term of such patent, or ``(ii) 60 days after a determination is made under such subparagraph to not restore the patent term, as applicable. If the Commissioner determines not to restore the patent term, then during the 60-day period described in clause (ii), an applicant may apply to the United States Court of Appeals for the Federal Circuit for an order directing the Commissioner to extend the patent pending judicial review and subsequent Commissioner action following that review. ``(D) Record.--The Commissioner's determination under subparagraph (B)(iv) shall be based solely on the record developed under this subsection. ``(7) Application fee.--The applicant shall pay a fee for an application made under paragraph (6) which shall be established in accordance with the same criteria applicable to fees required under section 156(h). If no such fee has been established at the time of the application, the applicant may provide the Commissioner with an undertaking, satisfactory to the Commissioner, to pay the subsequently established fee.''. (2) Technical and conforming amendment.--The table of sections for chapter 14 of title 35, United States Code, is amended by inserting after the item relating to section 155A the following: ``155B. Patent term restoration review procedure for certain drug products.''. (b) Appeal of Determinations of the Commissioner.--Section 141 of the title 35, United States Code, is amended by adding at the end the following: ``The applicant under section 155B or any aggrieved party that made a submission commenting on an application made under such section may appeal the determination of the Commissioner with respect to the application involved under such section only to the United States Court of Appeals for the Federal Circuit.''. (c) Court Jurisdiction.--Section 1295(a)(4) of title 28, United States Code, is amended-- (1) in subparagraph (B), by striking ``or'' after the semicolon; (2) in subparagraph (C), by adding ``or'' after the semicolon; and (3) by inserting after subparagraph (C) the following: ``(D) the Commissioner of Patents and Trademarks under section 155B of title 35;''. (d) Compensation.-- (1) In general.--In the event a person has submitted an application described in section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for a drug product covered by a patent for which a patent term restoration was provided under section 155B of title 35, United States Code (as added by subsection (a)(1)) and such application has been found by the Food and Drug Administration on or before the date of the enactment of this section to be sufficiently complete to permit substantive review, such person shall be entitled to compensation of $1,000,000 by the patent owner. Any holder of a Type II Drug Master File that has permitted a reference to its Type II Drug Master File to be made in such application shall be entitled to compensation of $500,000 by the patent owner. (2) Limits on liability.--A patent owner shall not be required to make under paragraph (1) payments exceeding-- (A) $5,000,000 to persons submitting applications described in such paragraph, or (B) $2,500,000 to holders of Type II Drug Master Files. If the aggregate limits are insufficient to pay the applicants or holders the full amounts specified in paragraph (1), each such applicant or holder shall be paid its per capita share of the aggregate liability imposed by paragraph (1) upon the patent holder. (e) Effect of Filing of Abbreviated Applications.--The fact that one or more applications have been filed under section 505(b)(2) or 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)(2),(j)) for approval of a drug or a method of using a drug which is claimed by a patent that is the subject of an application under section 155B of title 35, United States Code, for restoration of the patent term shall not affect the grant of such patent term restoration. (f) Report.--Not later than 1 year after the date of the enactment of this section, the Commissioner of Patents and Trademarks shall submit to Congress a report evaluating the patent term restoration review procedure established under section 155B of title 35, United States Code, and shall include in such report a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by such section. (g) Effective Date.--The owner of record of a patent referred to in section 155B(b)(1) of title 35, United States Code (as added by subsection (a)(1)) or an agent of the owner shall be immediately eligible on the date of the enactment of this section to submit an application to the Commissioner of Patents and Trademarks for a determination in accordance with section 155B(b)(6) of such title.
(Sec. 2) Defines such standards as: (1) a regulatory review period from application submission to application approval exceeding 60 months; and (2) the absence of substantial evidence overcoming the rebuttable presumption that the applicant for patent term restoration for the drug product acted with due diligence. Requires subtraction from the total amount of the restoration term of any time during the regulatory review period during which the Commissioner finds that the applicant for patent term restoration did not act with due diligence. Limits a restoration period, after specified adjustments, to five years. Requires restoration term applications to be filed within 90 days after enactment of this Act. Provides for: (1) claim determination procedure; (2) interim restoration of the patent term pending final disposition; and (3) appeal of the Commissioner's determinations to the U.S. Court of Appeals for the Federal Circuit only. Entitles to compensation by the patent owner of any person who has submitted an new drug application under the Federal Food, Drug, and Cosmetic Act for a drug product covered by a patent for which a patent term was restored under this Act, if such application has been found by the Food and Drug Administration on or before enactment of this Act to be sufficiently complete to permit substantive review. Sets the amount of compensation at: (1)$1 million; or (2) $500,000 for any holder of a Type II Drug Master File that has permitted a reference to its File to be made in such application. Limits a patent owner's overall liability to: (1) $5 million to persons submitting new drug applications; or (2) $2.5 million to holders of Type II Drug Master Files. Requires the Commissioner to report to Congress: (1) an evaluation of the patent term restoration review procedure established by this Act; and (2) a recommendation whether Congress should consider establishing such a patent term review procedure for patents not covered by this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Green Workforce Development Through Community Colleges Act''. SEC. 2. PURPOSE. The purpose of this Act is to direct the Secretary of Labor, the Secretary of Energy, and the Secretary of Education (in this Act referred to as the ``Secretaries'') to, jointly, develop a workforce training and education program to prepare workers for careers in the alternative energy and energy efficiency industries. SEC. 3. ADVISORY COMMISSION. (a) Establishment.--Not later than 1 year after the date of the enactment of this Act, the Secretaries shall establish and convene an advisory commission (in this Act referred to as the ``Commission''). (b) Duties of the Commission.--The duties of the Commission shall be to carry out the following: (1) Review and analyze the skill needs of the alternative energy and energy efficiency fields. (2) Identify and define career pathways, including coursework, certification, and other training needed for career development in the following career areas in the alternative energy and energy efficiency fields: (A) Wind power, including the construction and maintenance of commercial and residential wind turbines. (B) Solar power, including commercial and residential photovoltaic installation. (C) Geo-thermal energy, including home and commercial heating and cooling and other applications. (D) Training of energy auditors to perform energy efficiency audits on both residential and commercial structures. (E) Energy efficient retrofit and renovation of residential and commercial structures. (3) Recommend a curriculum framework and best practices for educational and workforce training programs related to each career area described in paragraph (2), by consulting with leaders in alternative energy and energy efficiency fields, including-- (A) community colleges identified by the Secretaries as leaders, or having the best practices, in alternative energy workforce development; (B) State energy offices and other local agencies with expertise in energy efficiency; and (C) representatives from the alternative energy industry and trade unions that represent workers in the alternative energy industry. (4) In making recommendations under paragraph (3), the Commission shall take into account variations in the skill level, work experience, and education of students who may participate in the educational and workforce training programs described in such paragraph. (5) Not later than 12 months after the date on which the first train-the-trainers grant is awarded under section 5, submit to the Secretaries of Labor, Energy, and Education, and the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report on that includes-- (A) the Commission's findings with regard to identifying career pathways related to the career areas described in paragraph (2); (B) the Commission's recommendations regarding the curriculum framework for such career areas; and (C) other information and recommendations on best practices with respect to teaching in such career areas that the Commission considers appropriate. (6) Assist the Secretaries in administering the grant program established under section 5. (c) Membership.-- (1) Number and appointment.--The Commission shall be composed of 15 members appointed not later than 45 days after the date of the enactment of this Act as follows: (A) 5 individuals appointed by the Secretary of Energy. (B) 5 individuals appointed by the Secretary of Labor. (C) 5 individuals appointed by the Secretary of Education. (2) Qualifications.--Of the members appointed under subparagraph (A), a minimum of-- (A) 5 members shall represent employers in the energy efficiency field; and (B) 5 members shall be experts in alternative energy workforce education in community colleges. (3) Terms.-- (A) In general.--Each member shall be appointed for the life of the Commission. (B) Vacancies.--A vacancy in the Commission shall be filed in the manner in which the original appointment was made. (4) Compensation.--All members of the Commission shall serve voluntarily and without additional compensation. (5) Chairperson.--The Secretary of Labor shall designate a member of the Commission to be the Chairperson of the Commission. (6) Meetings.--The Commission shall-- (A) hold its first meeting not later than 30 days after the date on which a majority of the members of the Commission have been appointed; and (B) meet at the call of the Chairperson. (7) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (d) Staff of the Commission.-- (1) Additional staff.-- (A) In general.--The Commission may appoint up to 3 additional staff who will report to the Chairperson. (B) Applicability of certain civil service laws.-- The staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (2) Staff of federal agencies.--Upon request of the Chairman of the Commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the Commission to assist it in carrying out its duties under this Act. (e) Powers of the Commission.-- (1) Hearings and sessions.--The Commission may, for the purpose of carrying out its duties under this Act, hold hearings, sit and act at such times and places, take testimony, and receive evidence as the Commission considers appropriate. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the Federal Government information necessary to enable it to carry out its duties under this Act. Upon request of the Chairperson of the Commission, the head of that department or agency shall furnish that information to the Commission. (4) Studies.--The Commission may conduct studies to enable it to carry out its duties under this Act. (5) 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 Federal Government. (f) Termination.--The Commission shall terminate on 90 days after submitting its final report under subsection (b)(5). SEC. 4. POSTING REPORT ON WEBSITE. Upon receipt of the report under section 3(b)(5), the Secretary of Labor, Education, and Energy shall post on the Internet website of the Department of Labor, Education, and Energy, respectively, the report. SEC. 5. GRANTS AUTHORIZED. (a) In General.--From the amounts appropriated under section 8 to carry out this section, not earlier than fiscal year 2011, the Secretaries shall, jointly, award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. (b) Application.--To receive a grant under this Act, a community college shall submit an application to the Secretaries at such time, in such manner, and containing such information as the Secretaries may require. Such application shall include-- (1) an identification of employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college and the specific skills needed to obtain such employment opportunities, based on information from-- (A) existing labor market and industry analyses; (B) local workforce investment boards; or (C) private, non-profit organizations or nonprofit business or economic development organizations; (2) an assurance that the community college will carry out detailed market research to assess, with respect to the area served by the community college-- (A) the current and projected employment opportunities and labor demand in the alternative energy and energy efficiency fields; and (B) the job skills necessary to obtain such employment opportunities; and (3) an assurance that the community college will use the information described in paragraph (1) and the market research carried out by the college under paragraph (2) to establish education and workforce training programs that correspond to the employment opportunities in the alternative energy and energy efficiency fields in the area served by the community college, and the skills needs to obtain such opportunities. (c) Uses of Funds.--A community college receiving a grant under this Act shall use such grant funds to-- (1) establish educational and workforce training programs that-- (A) correspond to the employment opportunities in such fields, and the skills needs with respect to such opportunities in the area served by the community college, as determined by the information obtained, and the market research carried out, by the community college under subsection (b); (B) incorporate-- (i) following the completion of the Commission's report pursuant to section 3(b)(5) curriculum recommend private non-profit or not- for-profit business/economic development organizations developed by the Commission pursuant to such section; and (ii) best practices developed by community colleges pursuant to section 6; (2) assist students and graduates of the educational and workforce training program in apprenticeship and employment placement in the alternative energy and energy efficiency fields; (3) coordinate with the secondary schools and vocational schools in the area served by the community college to assist such schools in providing educational services in the alternative energy and energy efficiency fields for students enrolled in such schools (such as by assisting in the development of a curriculum or apprenticeship program in such fields); and (4) coordinate with local workforce investment boards to ensure-- (A) access to enroll in the programs established under paragraph (1) to individuals participating in workforce investment activities in the local area; and (B) that the programs provide access to enrollment in the programs to-- (i) dislocated workers; (ii) workers who are transitioning into careers in the alternative energy or energy efficiency fields; (iii) underrepresented minorities; and (iv) low-income individuals. SEC. 6. TRAIN THE TRAINERS PROGRAM. (a) Grant Program Authorized.--From the amount reserved under section 8(b), the Secretaries shall, jointly, award grants to up to 10 community colleges identified by the Secretaries as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices with respect to such education and training. (b) Application.--A community college desiring to receive a grant under this section shall submit an application at such time, in such manner, and containing such information that the Secretaries may require, which shall, at a minimum, include information with respect to-- (1) the training program in the alternative energy and energy efficiency fields that is being carried out by the community college; (2) the facility where the program is being carried out; (3) the curriculum for such program; and (4) any partnerships the community college-- (A) has established with representatives of businesses, educational institutions, or other organizations that have expertise in the alternative energy or energy efficiency fields; and (B) that have provided training experience opportunities in such fields for students in the program. (c) Uses of Funds.--A community college receiving a grant under this section shall use such funds to develop best practices in instruction and instructor training with respect to education and workforce training programs carried out pursuant to section 5. Such funds may be used by the community college to cover any costs associated with the development of the best practices, including-- (1) instructor salaries; and (2) the purchase of equipment and supplies. SEC. 7. SUPPLEMENT, NOT SUPPLANT. Funds made available under this Act shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to carry out activities under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS; RESERVATION. (a) Authorization of Appropriations.--There are authorized to be appropriated $200,000,000 to carry out this Act for fiscal year 2012 and for each of the succeeding 4 fiscal years. (b) Reservation.--Of the amount appropriated under subsection (a) for a fiscal year, 15 percent shall be made available to carry out section 6 for such fiscal year. SEC. 9. DEFINITIONS. For purposes of this Act: (1) Alternative energy fields.--The term ``alternative energy fields'' means solar, wind, geothermal, and energy efficiency fields. (2) Career pathways.--The term ``career pathways'' means a clear sequence of coursework and credentials enabling career development in a particular field that assists individuals of varying skill levels to enter and progress in jobs in that field. (3) Community college.--The term ``community college'' means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree. (4) Dislocated worker.--The term ``dislocated worker'' has the meaning given the term in section 101 of the Workforce Investment Act of 1998. (5) Energy efficiency fields.--The term ``energy efficiency fields'' means energy efficiency auditing for residential and commercial structures and energy efficiency retrofit for residential and commercial structures. (6) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (7) Local workforce investment board.--The term ``local workforce investment board'' refers to the term in section 117 of the Workforce Investment Act of 1998. (8) Low-income individual.--The term ``low-income'' individual means an individual from a family whose taxable income for the preceding year did not exceed 150 percent an amount equal to the poverty level determined by using criteria of poverty established by the Bureau of the Census. (9) Secondary school.--The term ``secondary school'' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (10) Secretaries.--The term ``Secretaries'' means the Secretary of Energy and the Secretary of Labor. (11) Vocational school.--The term ``vocational school'' means-- (A) a specialized public secondary school used exclusively or principally for the provision of career and technical education to individuals who are available for study in preparation for entering the labor market; or (B) the department of a public secondary school exclusively or principally used for providing career and technical education in not fewer than 5 different occupational fields to individuals who are available for study in preparation for entering the labor market.
Green Workforce Development Through Community Colleges Act - Directs the Secretaries of Labor, Energy, and Education to establish and convene an advisory commission to: (1) review and analyze the skill needs of the alternative energy and energy efficiency fields; (2) identify and define career pathways, including coursework, certification, and other training needed for career development in areas related to wind power, solar power, geothermal energy, training of energy auditors for residential and commercial structures, and energy efficient retrofit and renovation of residential and commercial structures; (3) recommend a curriculum framework and best practices for educational and workforce training programs related to such areas; and (4) report its findings and recommendations to the Secretaries. Directs such Secretaries to: (1) post such report on their department websites; and (2) jointly award grants to community colleges for the purposes of providing education and workforce training in the alternative energy and energy efficiency fields. Requires community college recipients to use grant funds to: (1) establish educational and training programs in such fields; (2) assist students and graduates of such programs in apprenticeship and employment placement in such fields; (3) coordinate with and assist area secondary and vocational schools in providing educational services in such fields; and (4) coordinate with local workforce investment boards to ensure program access to individuals participating in workforce investment activities in the local area, dislocated workers, workers who are transitioning into careers in such fields, underrepresented minorities, and low-income individuals. Directs the Secretaries to jointly award grants to up to 10 community colleges identified as leaders in education and workforce training in the alternative energy and energy efficiency fields to develop best practices regarding such education and training.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Explosives Fingerprinting Act''. SEC. 2. EXPLOSIVE TAGGANTS. (a) Definitions.--Section 841 of title 18, United States Code, is amended by adding at the end the following: ``(o) `Identification taggant' means any substance which-- ``(1) is added to an explosive material during the manufacture of the material; and ``(2) after detonation-- ``(A) is retrievable; ``(B) permits the identification of the manufacturer and the date of manufacture, of the material; and ``(C) provides such other information as the Secretary may require. ``(p) `Detective taggant' means any substance which-- ``(1) is added to an explosive material during the manufacture of the material; and ``(2) permits the detection of the material before its detonation.''. (b) Prohibitions.--Section 842 of such title is amended by adding at the end the following: ``(l)(1) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(2) It shall be unlawful for any person knowingly to manufacture any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(3) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(4) It shall be unlawful for any person knowingly to transport, ship, distribute, or receive, or cause to be transported, shipped, distributed, or received, in interstate or foreign commerce any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(5) It shall be unlawful for any person knowingly to import any explosive material that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. ``(6) It shall be unlawful for any person knowingly to import any explosive material that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. ``(7) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain an identification taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser's place of business shall be in accordance with regulations promulgated by the Secretary. ``(8) It shall be unlawful for any person knowingly to resell or otherwise dispose of any explosive material, sold as surplus by a department, agency, or instrumentality of the United States, that does not contain a detection taggant which satisfies the standards promulgated by the Secretary under section 847. The shipment of surplus explosive materials from the military establishment where sold to the purchaser's place of business shall be in accordance with regulations promulgated by the Secretary. ``(9) Paragraphs (1) through (8) shall not apply to any explosive material designated by the President or his designee as an explosive material to be used by the Department of Defense or another agency of Government for national defense or international security purposes. Any explosive material so designated shall be reported promptly to the Secretary.''. (c) Penalties.--Section 844(a) of such title is amended-- (1) by striking ``(a) Any'' and inserting ``(a)(1) Any''; and (2) by adding at the end the following: ``(2) Any person who violates section 842(l)(1) shall be fined not more than $10,000 or imprisoned not more than 10 years, or both.''. (d) Exceptions.--Section 845(a) of such title is amended by adding at the end the following: ``Notwithstanding the preceding sentence, section 842(l)(1) shall apply to the matters described in paragraphs (4) and (5) of this subsection.''. (e) Effective Dates.--(1) Except as otherwise provided in this subsection, the amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (2) Paragraph (2) section 842(l) of title 18, United States Code, shall take effect 2 years after the date of the enactment of this Act. (3) Paragraph (3) of such section shall take effect 2 years after such date of enactment. (4) Paragraph (4) of such section shall take effect 3 years after such date of enactment. (5) Paragraph (5) of such section shall take effect 1 year after such date of enactment. (6) Paragraph (6) of such section shall take effect 2 years after such date of enactment. (7) Paragraph (7) of such section shall take effect 2 years after such date of enactment. (8) Paragraph (8) of such section shall take effect 3 years after such date of enactment. (f) Deferral of Effective Dates.-- (1) In general.--The Secretary of the Treasury shall by regulation defer 1 or more of the effective dates provided for in this subsection by extensions of not more than 1 year at a time until the Secretary is satisfied that identification and detection taggants (as defined in section 841 of title 18, United States Code)-- (A) are available in sufficient quantity for commercial purposes; (B) will not impair the quality of explosive materials for their intended use; and (C) will not adversely affect the environment. (2) Prior notice to the congress.--The Secretary shall inform the Congress 60 days before deferring the effective date of any provision pursuant to paragraph (1), specifying the reasons for the deferral, and estimating the time the Secretary expects the provision will become effective.
Explosives Fingerprinting Act - Amends the Federal criminal code to prohibit the manufacture, importation, transport, shipment, distribution, or receipt in interstate or foreign commerce, or resale or other disposition as surplus by a Government department, agency, or instrumentality of any explosive material that does not contain an identification taggant and a detection taggant. Makes such provisions inapplicable to any such material designated by the President for use by the Department of Defense or another Government agency for national defense or international security purposes. Sets penalties for violations. Directs the Secretary of the Treasury to: (1) defer specified effective dates of prohibitions under this Act until the Secretary is satisfied that identification and detection taggants are available in sufficient quantity for commercial purposes, will not impair the quality of explosive materials for their intended use, and will not adversely affect the environment; and (2) inform the Congress before making any such deferrals.
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SECTION 1. CHESAPEAKE BAY OFFICE. (a) Reauthorization of Office.--Section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (15 U.S.C. 1511d) is amended to read as follows: ``SEC. 307. CHESAPEAKE BAY OFFICE. ``(a) Establishment.--(1) The Secretary of Commerce shall establish, within the National Oceanic and Atmospheric Administration, an office to be known as the Chesapeake Bay Office (in this section referred to as the `Office'). ``(2) The Office shall be headed by a Director who shall be appointed by the Secretary of Commerce, in consultation with the Chesapeake Executive Council. Any individual appointed as Director shall have knowledge and experience in research or resource management efforts in the Chesapeake Bay. ``(3) The Director may appoint such additional personnel for the Office as the Director determines necessary to carry out this section. ``(b) Functions.--The Office, in consultation with the Chesapeake Executive Council, shall-- ``(1) provide technical assistance to the Administrator, to other Federal departments and agencies, and to State and local government agencies in-- ``(A) assessing the processes that shape the Chesapeake Bay system and affect its living resources; ``(B) identifying technical and management alternatives for the restoration and protection of living resources and the habitats they depend upon; and ``(C) monitoring the implementation and effectiveness of management plans; ``(2) develop and implement a strategy for the National Oceanic and Atmospheric Administration that integrates the science, research, monitoring, data collection, regulatory, and management responsibilities of the Secretary of Commerce in such a manner as to assist the cooperative, intergovernmental Chesapeake Bay Program to meet the commitments of the Chesapeake Bay Agreement; ``(3) coordinate the programs and activities of the various organizations within the National Oceanic and Atmospheric Administration, the Chesapeake Bay Regional Sea Grant Programs, and the Chesapeake Bay units of the National Estuarine Research Reserve System, including-- ``(A) programs and activities in-- ``(i) coastal and estuarine research, monitoring, and assessment; ``(ii) fisheries research and stock assessments; ``(iii) data management; ``(iv) remote sensing; ``(v) coastal management; ``(vi) habitat conservation and restoration; and ``(vii) atmospheric deposition; and ``(B) programs and activities of the Cooperative Oxford Laboratory of the National Ocean Service with respect to-- ``(i) nonindigenous species; ``(ii) estuarine and marine species pathology; ``(iii) human pathogens in estuarine and marine environments; and ``(iv) ecosystem health; ``(4) coordinate the activities of the National Oceanic and Atmospheric Administration with the activities of the Environmental Protection Agency and other Federal, State, and local agencies; ``(5) establish an effective mechanism which shall ensure that projects have undergone appropriate peer review and provide other appropriate means to determine that projects have acceptable scientific and technical merit for the purpose of achieving maximum utilization of available funds and resources to benefit the Chesapeake Bay area; ``(6) remain cognizant of ongoing research, monitoring, and management projects and assist in the dissemination of the results and findings of those projects; and ``(7) submit a biennial report to the Congress and the Secretary of Commerce with respect to the activities of the Office and on the progress made in protecting and restoring the living resources and habitat of the Chesapeake Bay, which report shall include an action plan consisting of-- ``(A) a list of recommended research, monitoring, and data collection activities necessary to continue implementation of the strategy described in paragraph (2); and ``(B) proposals for-- ``(i) continuing any new National Oceanic and Atmospheric Administration activities in the Chesapeake Bay; and ``(ii) the integration of those activities with the activities of the partners in the Chesapeake Bay Program to meet the commitments of the Chesapeake 2000 agreement and subsequent agreements. ``(c) Chesapeake Bay Fishery and Habitat Restoration Small Watershed Grants Program.-- ``(1) In general.--The Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration (in this section referred to as the `Director'), in cooperation with the Chesapeake Executive Council, shall carry out a community-based fishery and habitat restoration small grants and technical assistance program in the Chesapeake Bay watershed. ``(2) Projects.-- ``(A) Support.--The Director shall make grants under this subsection to pay the Federal share of the cost of projects that are carried out by entities eligible under paragraph (3) for the restoration of fisheries and habitats in the Chesapeake Bay. ``(B) Federal share.--The Federal share under subparagraph (A) shall not exceed 75 percent. ``(C) Types of projects.--Projects for which grants may be made under this subsection include-- ``(i) the improvement of fish passageways; ``(ii) the creation of natural or artificial reefs or substrata for habitats; ``(iii) the restoration of wetland or sea grass; ``(iv) the production of oysters for restoration projects; and ``(v) the prevention, identification, and control of nonindigenous species. ``(3) Eligible entities.--The following entities are eligible to receive grants under this subsection: ``(A) The government of a political subdivision of a State in the Chesapeake Bay watershed, and the government of the District of Columbia. ``(B) An organization in the Chesapeake Bay watershed (such as an educational institution or a community organization)-- ``(i) that is described in section 501(c) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of that Code; and ``(ii) that will administer such grants in coordination with a government referred to in subparagraph (A). ``(4) Additional requirements.--The Director may prescribe any additional requirements, including procedures, that the Director considers necessary to carry out the program under this subsection. ``(d) Budget Line Item.--The Secretary of Commerce shall identify, in the President's annual budget to the Congress, the funding request for the Office. ``(e) Chesapeake Executive Council.--For purposes of this section, `Chesapeake Executive Council' means the representatives from the Commonwealth of Virginia, the State of Maryland, the Commonwealth of Pennsylvania, the Environmental Protection Agency, the District of Columbia, and the Chesapeake Bay Commission, who are signatories to the Chesapeake Bay Agreement, and any future signatories to that Agreement. ``(f) Authorization of Appropriations.--There is authorized to be appropriated to the Department of Commerce for the Chesapeake Bay Office $6,000,000 for each of fiscal years 2002 through 2006.''. (b) Conforming Amendment.--Section 2 of the National Oceanic and Atmospheric Administration Marine Fisheries Program Authorization Act (Public Law 98-210; 97 Stat. 1409) is amended by striking subsection (e). (c) Multiple Species Management Strategy.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Director of the Chesapeake Bay Office of the National Oceanic and Atmospheric Administration shall begin a 5-year study, in cooperation with the scientific community of the Chesapeake Bay, appropriate State and interstate resource management entities, and appropriate Federal agencies-- (A) to determine and expand the understanding of the role and response of living resources in the Chesapeake Bay ecosystem; and (B) to develop a multiple species management strategy for the Chesapeake Bay. (2) Required elements of study.--In order to improve the understanding necessary for the development of the strategy under paragraph (1)(B), the study shall-- (A) determine the current status and trends of fish and shellfish that live in the Chesapeake Bay and its tributaries and are selected for study; (B) evaluate and assess interactions among the fish and shellfish referred to in subparagraph (A) and other living resources, with particular attention to the impact of changes within and among trophic levels; and (C) recommend management actions to optimize the return of a healthy and balanced ecosystem for the Chesapeake Bay. Passed the House of Representatives April 4, 2001. Attest: JEFF TRANDAHL, Clerk.
Authorizes appropriations for the Chesapeake Bay Office (currently, the Chesapeake Bay Estuarine Resources Office) of the National Oceanic and Atmospheric Administration through FY 2006 and revises the functions of such Office, including providing for a community-based fishery and habitat restoration small grants and technical assistance program.
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