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SECTION 1. TEMPORARY INCREASE OF MEDICAID FMAP. (a) Permitting Maintenance of Fiscal Year 2007 FMAP for Last 2 Calendar Quarters of Fiscal Year 2008.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2008 is less than the FMAP as so determined for fiscal year 2007, the FMAP for the State for fiscal year 2007 shall be substituted for the State's FMAP for the third and fourth calendar quarters of fiscal year 2008, before the application of this section. (b) Permitting Maintenance of Fiscal Year 2008 FMAP for First 3 Quarters of Fiscal Year 2009.--Subject to subsection (e), if the FMAP determined without regard to this section for a State for fiscal year 2009 is less than the FMAP as so determined for fiscal year 2008, the FMAP for the State for fiscal year 2008 shall be substituted for the State's FMAP for the first, second, and third calendar quarters of fiscal year 2009, before the application of this section. (c) General 2.95 Percentage Points Increase for Last 2 Calendar Quarters of Fiscal Year 2008 and First 3 Calendar Quarters of Fiscal Year 2009.--Subject to subsections (e), (f), and (g), for each State for the third and fourth calendar quarters of fiscal year 2008 and for the first, second, and third calendar quarters of fiscal year 2009, the FMAP (taking into account the application of subsections (a) and (b)) shall be increased by 2.95 percentage points. (d) Increase in Cap on Medicaid Payments to Territories.--Subject to subsections (f) and (g), with respect to the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, the amounts otherwise determined for Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall each be increased by an amount equal to 5.90 percent of such amounts. (e) Scope of Application.--The increases in the FMAP for a State under this section shall apply only for purposes of title XIX of the Social Security Act and shall not apply with respect to-- (1) disproportionate share hospital payments described in section 1923 of such Act (42 U.S.C. 1396r-4); (2) payments under title IV or XXI of such Act (42 U.S.C. 601 et seq. and 1397aa et seq.); or (3) any payments under XIX of such Act that are based on the enhanced FMAP described in section 2105(b) of such Act (42 U.S.C. 1397ee(b)). (f) State Eligibility.-- (1) In general.--Subject to paragraph (2), a State is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) only if the eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (2) State reinstatement of eligibility permitted.--A State that has restricted eligibility under its State plan under title XIX of the Social Security Act (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)) after January 1, 2008, is eligible for an increase in its FMAP under subsection (c) or an increase in a cap amount under subsection (d) in the first calendar quarter (and subsequent calendar quarters) in which the State has reinstated eligibility that is no more restrictive than the eligibility under such plan (or waiver) as in effect on January 1, 2008. (3) Rule of construction.--Nothing in paragraph (1) or (2) shall be construed as affecting a State's flexibility with respect to benefits offered under the State medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) (including any waiver under such title or under section 1115 of such Act (42 U.S.C. 1315)). (g) Requirement for Certain States.--In the case of a State that requires political subdivisions within the State to contribute toward the non-Federal share of expenditures under the State medicaid plan required under section 1902(a)(2) of the Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not require that such political subdivisions pay a greater percentage of the non-Federal share of such expenditures for the third and fourth calendar quarters of fiscal year 2008 and the first, second, and third calendar quarters of fiscal year 2009, than the percentage that would have been required by the State under such plan on March 31, 2008, prior to application of this section. (h) Definitions.--In this section: (1) FMAP.--The term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396d(b)). (2) State.--The term ``State'' has the meaning given such term for purposes of title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) Repeal.--Effective as of October 1, 2009, this section is repealed. SEC. 2. ADJUSTMENT IN COMPUTATION OF MEDICAID FMAP TO DISREGARD AN EXTRAORDINARY EMPLOYER PENSION CONTRIBUTION. (a) In General.--Only for purposes of computing the FMAP (as defined in subsection (e)) for a State for a fiscal year (beginning with fiscal year 2006) and applying the FMAP under title XIX of the Social Security Act, any significantly disproportionate employer pension or insurance fund contribution described in subsection (b) shall be disregarded in computing the per capita income of such State, but shall not be disregarded in computing the per capita income for the continental United States (and Alaska) and Hawaii. (b) Significantly Disproportionate Employer Pension and Insurance Fund Contribution.-- (1) In general.--For purposes of this section, a significantly disproportionate employer pension and insurance fund contribution described in this subsection with respect to a State is any identifiable employer contribution towards pension or other employee insurance funds that is estimated to accrue to residents of such State for a calendar year (beginning with calendar year 2003) if the increase in the amount so estimated exceeds 25 percent of the total increase in personal income in that State for the year involved. (2) Data to be used.--For estimating and adjusting a FMAP already calculated as of the date of the enactment of this Act for a State with a significantly disproportionate employer pension and insurance fund contribution, the Secretary of Health and Human Services shall use the personal income data set originally used in calculating such FMAP. (3) Special adjustment for negative growth.--If in any calendar year the total personal income growth in a State is negative, an employer pension and insurance fund contribution for the purposes of calculating the State's FMAP for a calendar year shall not exceed 125 percent of the amount of such contribution for the previous calendar year for the State. (c) Hold Harmless.--No State shall have its FMAP for a fiscal year reduced as a result of the application of this section. (d) Report.--Not later than May 15, 2008, the Secretary of Health and Human Services shall submit to Congress a report on the problems presented by the current treatment of pension and insurance fund contributions in the use of Bureau of Economic Affairs calculations for the FMAP and for Medicaid and on possible alternative methodologies to mitigate such problems. (e) FMAP Defined.--For purposes of this section, the term ``FMAP'' means the Federal medical assistance percentage, as defined in section 1905(b) of the Social Security Act (42 U.S.C. 1396(d)).
Provides that, if the federal medical assistance percentage (FMAP) determined under title XIX (Medicaid) of the Social Security Act without regard to this Act for a state for FY2008 is less than the FMAP as so determined for FY2007, the FY2007 FMAP shall be substituted for the FMAP for the third and fourth calendar quarters of FY2008, before the application of this Act. Provides that, if the FMAP determined without regard to this Act for a state for FY2009 is less than the FMAP as so determined for FY2008, the FY2008 FMAP shall be substituted for the FMAP for the first, second, and third calendar quarters of FY2009, before the application of this Act. Provides that, for each eligible state for the third and fourth calendar quarters of FY2008, and for the first, second, and third calendar quarters of FY2009, the FMAP shall be increased by 2.95 percentage points. Provides for an increase in the cap on Medicaid payments to Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. Declares that, only for FMAP computation purposes, any significant disproportionate employer pension or insurance fund contribution shall be disregarded in computing the per capita income of a state, but not in computing the per capita income for the continental United States (and Alaska) and Hawaii.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Investments for a Sustainable Economy Act of 2018'' or the ``RISE Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) continued inaction by the Federal Government with respect to addressing climate change poses a significant threat to the growth and stability of the economy and population of the United States; (2) pension and retirement funds are vulnerable to distinct risks relating to climate change, including-- (A) climate impact risks, including sea level rise, heat waves, desertification, ocean acidification, flooding, drought, extreme weather, and wildfires; (B) carbon-constrained demand risks, including stranded carbon assets, which financial institutions have estimated as having a value of $100,000,000,000,000; and (C) climate liability risks, including from evolving interpretations of fiduciary and tortious duties of care; and (3) assessing the potential impact of climate-related risks on national and international financial systems, including retirement savings accounts and pensions, is an urgent concern. SEC. 3. CLIMATE CHOICE STOCK INDEX FUND. Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly-owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6).''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) Definition.--In this section, the term ``fossil fuel entity'' has the meaning given the term in section 8438(a) of title 5, United States Code, as amended by this Act. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that-- (1) analyzes, as of that date of enactment-- (A) the proportion of the stocks, bonds, and other obligations held by the Thrift Savings Fund that are stocks, bonds, or other obligations of a fossil fuel entity; and (B) the effect on individuals holding accounts in the Thrift Savings Fund of the Thrift Savings Fund holding stocks, bonds, or other obligations of fossil fuel entities under the climate policies that would be needed to limit global temperature increase to 2 degrees Celsius, given technology that is available and economically feasible as of that date of enactment; and (2) provides a plan and mechanism that would allow the Federal Retirement Thrift Investment Board to divest from fossil fuel entities to prevent or mitigate any negative investment risk on individuals holding accounts in the Thrift Savings Fund.
Retirement Investments for a Sustainable Economy Act of 2018 or the RISE Act of 2018 This bill establishes a new fund—the Climate Choice Stock Index Fund—as an investment option under the Thrift Savings Plan. The Climate Choice Stock Index Fund must be invested in a portfolio that is designed to replicate the performance of a commonly recognized index comprised of common stock and to ensure that no investment in the portfolio is an investment in a fossil fuel entity.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Drinking Water Act Improved Compliance Awareness Act''. SEC. 2. ENFORCEMENT OF DRINKING WATER REGULATIONS. Section 1414(c) of the Safe Drinking Water Act (42 U.S.C. 300g- 3(c)) is amended-- (1) in the header, by inserting ``States, the Administrator, and'' before ``Persons Served''; (2) in paragraph (1)-- (A) in subparagraph (C), by striking ``paragraph (2)(E)'' and inserting ``paragraph (2)(F)''; and (B) by adding at the end the following: ``(D) Notice of any exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412.''; (3) in paragraph (2)-- (A) in subparagraph (B), by striking ``subparagraph (D)'' and inserting ``subparagraph (E)''; (B) in subparagraph (C)-- (i) in the header, by striking ``Violations'' and inserting ``Notice of violations''; (ii) in the matter preceding clause (i)-- (I) by inserting ``, and each exceedance described in paragraph (1)(D),'' after ``for each violation''; and (II) by inserting ``or exceedance'' after ``Each notice of violation''; (iii) by inserting ``or exceedance'' after ``the violation'' each place it appears; and (iv) in clause (iv)-- (I) in subclause (I), by striking ``broadcast media'' and inserting ``media, including broadcast media,''; (II) in subclause (II)-- (aa) by striking ``in a newspaper of general circulation serving the area'' and inserting ``for circulation in the affected area, including in a newspaper of general circulation serving the area,''; and (bb) by striking ``or the date of publication of the next issue of the newspaper''; and (III) in subclause (III), by striking ``in lieu of notification by means of broadcast media or newspaper''; (C) by redesignating subparagraphs (D) and (E) as subparagraphs (E) and (F), respectively; and (D) by inserting after subparagraph (C) the following: ``(D) Notice by administrator.--If, after 24 hours after the Administrator's notification under subsection (a)(1)(A), the State with primary enforcement responsibility or the owner or operator of the public water system has not issued a notice that is required under subparagraph (C) for an exceedance described in paragraph (1)(D), the Administrator shall issue such required notice pursuant to this paragraph.''; (4) in paragraph (3)(B)-- (A) by striking ``subparagraph (A) and'' and inserting ``subparagraph (A),''; and (B) by striking ``subparagraph (C) or (D) of paragraph (2)'' and inserting ``subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of such paragraph''; (5) in paragraph (4)(B)-- (A) in clause (ii), by striking ``the terms'' and inserting ``the terms `action level',''; and (B) in clause (iii), by striking ``and (IV)'' and inserting ``(IV) the action level for the contaminant, and (V)''; and (6) by adding at the end the following: ``(5) Exceedance of safe lead level.-- ``(A) Strategic plan.--Not later than 120 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall conduct targeted outreach, education, technical assistance, and risk communication to populations affected by lead in a public water system, including dissemination of information described in subparagraph (C). ``(B) EPA initiation of notice.-- ``(i) Forwarding of data by employee of epa.--If the Environmental Protection Agency develops or receives, from a source other than the State or the public water system, data, which meets the requirements of section 1412(b)(3)(A)(ii), indicating that the drinking water of a person served by a public water system contains a level of lead that exceeds a lead action level promulgated under section 1412, the Administrator shall require an appropriate employee of the Agency to forward such data to the owner or operator of the public water system and to the State in which the exceedance occurred within a time period established by the Administrator. ``(ii) Dissemination of information by owner or operator.--If an owner or operator of a public water system receives a notice under clause (i), the owner or operator, within a time period established by the Administrator, shall disseminate to affected persons the information described in subparagraph (C). ``(iii) Consultation.-- ``(I) Deadline.--With respect to an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412, if the owner or operator of the public water system does not disseminate, in the time period established by the Administrator, the information described in subparagraph (C), as required under clause (ii), not later than 24 hours after becoming aware of such failure to disseminate, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate such information to affected persons within 24 hours of the end of such consultation period. ``(II) Delegation.--The Administrator may only delegate the duty to consult under this clause to an employee of the Environmental Protection Agency who is working in the Office of Water, at the headquarters of the Agency, at the time of such delegation. ``(iv) Dissemination by administrator.--The Administrator shall, as soon as reasonably possible, disseminate to affected persons the information described subparagraph (C) if-- ``(I) the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under such clause; or ``(II) the applicable Governor does not disseminate the information within 24 hours of the end of such consultation period. ``(C) Information required.--Information required to be disseminated under this paragraph shall include a clear explanation of the exceedance of a lead action level, its potential adverse effects on human health, the steps that the owner or operator of the public water system is taking to correct the exceedance, and the necessity of seeking alternative water supplies until the exceedance is corrected. ``(6) Privacy.--Any notice under this subsection to the public or an affected person shall protect the privacy of individual customer information.''. SEC. 3. PROHIBITION ON USE OF LEAD PIPES, SOLDER, AND FLUX. Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) is amended-- (1) by amending subsection (a)(2)(A) to read as follows: ``(A) In general.-- ``(i) Identification and notice.--Each owner or operator of a public water system shall identify and provide notice to persons who may be affected by-- ``(I) lead contamination of their drinking water where such contamination results from-- ``(aa) the lead content in the construction materials of the public water distribution system; or ``(bb) corrosivity of the water supply sufficient to cause leaching of lead; or ``(II) an exceedance at the 90th percentile of a lead action level in a regulation promulgated under section 1412. ``(ii) Manner and form.--Notice under this paragraph shall be provided in such manner and form as may be reasonably required by the Administrator. Notwithstanding clause (i)(II), notice under this paragraph shall be provided notwithstanding the absence of a violation of any national drinking water standard.''; (2) in subsection (b)(2)-- (A) by striking ``The requirements'' and inserting the following: ``(A) In general.--The requirements''; and (B) by adding at the end the following: ``Enforcement of such requirements shall be carried out by a State with primary enforcement responsibility or the Administrator, as appropriate. ``(B) Notification by administrator.--In the case of an exceedance described in subsection (a)(2)(A)(i)(II), if the public water system or the State in which the public water system is located does not notify the persons who may be affected by such exceedance in accordance with subsection (a)(2), the Administrator shall notify such persons of such exceedance in accordance with subsection (a)(2), including notification of the relevant concentrations of lead. Such notice shall protect the privacy of individual customer information.''; and (3) by adding at the end the following: ``(f) Public Education.-- ``(1) In general.--The Administrator shall make information available to the public regarding lead in drinking water, including information regarding-- ``(A) risks associated with lead in drinking water; ``(B) the likelihood that drinking water in a residence may contain lead; ``(C) steps States, public water systems, and consumers can take to reduce the risks of lead; and ``(D) the availability of additional resources that consumers can use to minimize lead exposure, including information on how to sample for lead in drinking water. ``(2) Vulnerable populations.--In making information available to the public under this subsection, the Administrator shall carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water.''. Passed the House of Representatives February 10, 2016. Attest: KAREN L. HAAS, Clerk.
Safe Drinking Water Act Improved Compliance Awareness Act (Sec. 2) This bill amends the Safe Drinking Water Act to require public water systems to notify their customers when a lead action level under national drinking water regulations is exceeded in more than 10% of customer taps sampled. (An action level is a level of contaminates which triggers a requirement for the public water system to take additional actions to control corrosion.) The Environmental Protection Agency (EPA) must notify customers if the state or the public water system fails to notify the public within 24 hours of receiving notice from the EPA. Community water systems' consumer confidence reports must include: (1) a definition of "action level," and (2) the action level for contaminants detected in water provided by the public water system. The EPA must establish a strategic plan for conducting targeted outreach, education, technical assistance, and risk communication to populations affected by lead in the public water system. EPA employees must forward to the public water system and to the state information indicating that drinking water contains lead that exceeds a lead action level. The public water system must then disseminate this information to its customers along with its potential adverse effects on human health, corrective steps underway, and advice on whether customers should seek alternative water supplies. If the public water system or the state fails to disseminate the information, the EPA must disseminate it as soon as reasonably possible. (Sec. 3) The EPA must: (1) make information about lead in drinking water available to the public, and (2) carry out targeted outreach strategies that focus on educating groups that are at greater risk than the general population for adverse health effects from exposure to lead in drinking water.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Priorities Act of 2007''. SEC. 2. FINDINGS. The Senate finds the following: (1) The United States has the highest rate of poverty and the highest rate of childhood poverty among 17 major countries in the Organization for Economic Cooperation and Development, including Germany, France, Italy, the United Kingdom, Canada, Australia, Austria, Belgium, Denmark, Finland, Ireland, the Netherlands, Norway, Spain, Sweden, and Switzerland. (2) 36,950,000 Americans are living in poverty, an increase of 5,400,000 since 2000. (3) 12,896,000 children in the United States under the age of 18 lived in poverty in 2005, and the number of children living in extreme poverty rose by 87,000 from 2004 to 2005. (4) In 2005, an estimated 33 percent of the homeless population were children and an estimated 1,350,000 children will experience homelessness in a year. (5) The number of uninsured Americans rose to 46,577,000 in 2005, 1,272,000 more than in the previous year, and the number of Americans without health insurance has risen for 4 consecutive years. (6) The United States Government must provide the funding necessary to ensure that our Nation's veterans receive the health care and other benefits they deserve and have earned in a timely fashion. (7) Millions of middle class American families are finding it increasingly difficult to afford the escalating cost of a college education with average tuition and other costs increasing by more than $4,300 at 4-year public universities and over $8,000 at 4-year private colleges since 2001. (8) The Surgeon General of the United States has reported that tooth decay has become the single most common chronic childhood disease--5 times more common than asthma and 7 times more common than hay fever. (9) Surveys have shown that dental problems cause children to miss more than 51,000,000 hours of school and adults to miss more than 164,000,000 hours of work each year. (10) In 42 States, child care fees are higher than tuition at a 4-year public university. (11) Seriously investing in renewable energy, energy efficient appliances, public transit, and high speed rail would create millions of decent-paying jobs, reduce our dependence on dirty fossil fuels, and reduce global warming. (12) The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined. (13) The Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense. (14) The United States has the largest gap between the rich and the poor of any major industrialized country. (15) The wealthiest 400 Americans saw their combined net worth increase by $120,000,000,000 from 2004 to 2005. (16) The richest 400 Americans have a combined net worth of $1,250,000,000,000 equaling the annual income of over 45 percent of the entire world's population or 2,500,000,000 people. Of the world's 793 billionaires, over 400 are Americans. In 1989, we only had 66 billionaires in this country. (17) According to a December 2006 report by the Congressional Budget Office, the average after-tax income of the richest 1 percent of households rose from $722,000 in 2003 to $868,000 in 2004, after adjusting for inflation, a one-year increase of nearly $146,000, or 20 percent. This represents the largest increase in 15 years, measured both in percentage terms and in real dollars. (18) Median household income for working age families has declined for 5 years in a row. (19) During the presidency of George W. Bush, the United States has experienced the 3 largest Federal deficits in history, and the national debt has skyrocketed, attributable in large part to tax breaks to the wealthiest 1 percent. (20) The United States has a moral responsibility to expand the middle class, reduce the gap between the rich and the poor, keep our promises to veterans, lower the poverty rate, and reduce the Federal deficit by repealing tax breaks for the wealthiest 1 percent and eliminating waste, fraud, and abuse at the Pentagon. SEC. 3. RECISION OF 2001-2004 TAX CUTS FOR TOP ONE PERCENT OF INCOME EARNERS. With respect to any individual whose gross income for taxable year 2008 exceeds $400,000-- (1) section 901(a)(1) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of Act) shall be applied by substituting ``after December 31, 2007, and before January 1, 2009'' for ``after December 31, 2010'', and (2) section 303 of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (relating to sunset of title) shall be applied by substituting ``after December 31, 2007'' for ``after December 31, 2008''. The Secretary of the Treasury shall provide such forms as necessary to carry out the purposes of this section. SEC. 4. REDUCTION IN WASTE, FRAUD, AND ABUSE AT THE PENTAGON. Notwithstanding any other provision of law, Federal funding appropriated for the Department of Defense for fiscal year 2008 shall be reduced by $60,000,000,000. The Secretary of Defense is authorized to make such reductions by eliminating waste, fraud, and abuse, and weapon systems and other programs that are determined not to be a priority for current national security needs since the end of the Cold War. None of these reductions shall be made that harm the basic needs of United States military personnel or their quality of life, including necessary pay increases and health care. SEC. 5. EXPANSION OF INVESTMENTS FOR MIDDLE CLASS, VETERANS, SENIOR CITIZENS ON FIXED INCOME, AND LOW-INCOME FAMILIES WITH CHILDREN, AND DEFICIT REDUCTION. From amounts made available under sections 3 and 4, for fiscal year 2008-- (1) $575,000,000 shall be made available for consolidated health centers under section 330 of the Public Health Service Act (42 U.S.C. 254b); (2) $140,000,000 shall be made available to the Secretary of Health and Human Services for the workforce, capital, and equipment needed to establish or expand oral health services at community health centers and other community-based sites pursuant to subsequent authorization; (3) $15,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (4) $4,000,000,000 shall be made available to the Secretary of Veterans Affairs to ensure that veterans receive the health care and other benefits that such veterans were promised without being put on a waiting list pursuant to subsequent authorization; (5) $2,200,000,000 shall be made available to carry out the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (6) $7,200,000,000 shall be made available to carry out the Head Start Act (42 U.S.C. 9831 et seq.); (7) $14,900,000,000 shall be made available to carry out the grant program under part B of the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); (8) $16,200,000,000 shall be made available for the Secretary of Education to increase the maximum Pell Grant pursuant to subsequent authorization; (9) $500,000,000 shall be made available to the Secretary of Education to carry out the Federal TRIO programs and Gaining Early Awareness and Readiness for Undergraduate Program under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); (10) $27,085,000,000 shall be made available to the Secretary of Energy, Secretary of Transportation, and the Administrator of the Environmental Protection Agency for programs to increase energy efficiency and conservation and to increase investment in sustainable and renewable energy alternatives, public transit, and high speed rail pursuant to subsequent authorization; (11) $5,000,000,000 shall be made available to the Secretary of Housing and Urban Development to establish a national affordable housing trust fund for the construction, preservation, and rehabilitation of at least 150,000 affordable housing rental units in mixed-income locations in order to create 180,000 jobs pursuant to subsequent authorization; (12) $7,200,000,000 shall be made available to the Secretary of the Treasury to expand the earned income tax credit under section 32 of the Internal Revenue Code of 1986 pursuant to subsequent authorization; and (13) $30,000,000,000 shall be made available to reduce the Federal deficit.
National Priorities Act of 2007 - Rescinds after 2008 income tax reductions enacted under the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Jobs and Growth Tax Relief Reconciliation Act of 2003 for taxpayers with gross incomes in 2008 of over $400,000. Reduces funding for the Department of Defense by $60 billion in FY2008. Authorizes the Secretary of Defense to make reductions by eliminating waste, fraud, and abuse, and weapon systems and other programs determined to be no longer a national security priority. Exempts from such reductions the needs of military personnel, including pay increases and health care. Dedicates increases in revenues resulting from this Act to: (1) various programs for health care, education, energy conservation, and affordable housing; (2) increasing the earned income credit; and (3) reducing the federal deficit.
{"src": "billsum_train", "title": "A bill to expand the middle class, reduce the gap between the rich and the poor, keep our promises to veterans, lower the poverty rate, and reduce the Federal deficit by repealing tax breaks for the wealthiest one percent and eliminating unnecessary Cold War era defense spending, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Access to Credit Scores Act of 2013''. SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DISCLOSURES. (a) In General.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended-- (1) in subsection (a)(1)-- (A) by striking ``and'' at the end and inserting a period; (B) by striking ``except that--'' and all that follows through ``(A) if the'' and inserting ``except that, if the''; and (C) by striking subparagraph (B); (2) in subsection (a), by adding at the end the following: ``(7) All consumer reporting agencies described in section 603(p) shall disclose a current credit score generated using the scoring algorithm, formula, model, program or mechanism that is most frequently used to generate scores sold to creditors, subject to regulations of the Bureau, along with any information in the consumer's file at the time of the request concerning credit scores or any other risk scores or predictors relating to the consumer, if such request is made in connection with a free annual disclosure made pursuant to section 612(a). ``(8) Such other consumer information as the Bureau considers appropriate with respect to consumer financial education, including the information required by subsection (f)(1), information on where the credit score of the consumer falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers.''; and (3) in subsection (f)-- (A) by striking ``Upon the request'' and all that follows through subparagraph (A) and inserting the following: ``(1) In general.--Upon request of a consumer for a credit score or a risk score, a consumer reporting agency shall supply to the consumer-- ``(A) any credit score or risk score in the file of the consumer at the consumer reporting agency;''; (B) in paragraph (2)-- (i) by redesignating subparagraph (B) as subparagraph (C); and (ii) by striking subparagraph (A) and inserting the following: ``(A) Credit score.--The term `credit score' means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default. ``(B) Risk score.--The term `risk score' means a numerical value or a categorization derived from a statistical tool or modeling system based upon information from a consumer report for the purpose of predicting the likelihood of certain behaviors or outcomes, and includes scores used for the underwriting of insurance.''; (C) by striking paragraph (6) and inserting the following: ``(6) Maintenance of credit scores.--All consumer reporting agencies shall maintain in the consumer's file credit scores or any other risk scores or predictors relating to the consumer for a period of no less than 1 year from the date on which such information is generated.''; (D) by striking paragraph (7); and (E) in paragraph (8), by inserting before the period at the end the following: ``, except that a consumer reporting agency described in section 603(p) shall provide a credit score without charge to the consumer if the consumer is requesting the score in connection with a free annual disclosure made pursuant to section 612(a)''. (b) Inclusion in Free Reports.--Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is amended-- (1) in subsection (a)(1)(A), by striking ``(w)'' and inserting ``(x)''; and (2) in subsection (g)-- (A) in paragraph (1)-- (i) by striking ``free credit report'' and inserting ``free or low cost credit report or credit score''; and (ii) by inserting ``and free credit scores'' after ``free credit reports''; and (B) in paragraph (2)-- (i) by striking ``televison'' and inserting ``television''; and (ii) by inserting ``or free credit score, as applicable,'' after ``free credit report''. (c) Technical Corrections.--The Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended-- (1) in section 603(d)(2)(D) (15 U.S.C. 1681a(d)(2)(D)), by striking ``subsection (o) or (x)'' and inserting with ``subsection (o) or (y)''; (2) in section 603(i)(1)(C) (15 U.S.C. 1681a(i)(1)(C)), by striking the period at the end and inserting ``; and''; (3) in section 609(c)(1) (15 U.S.C. 1681g(c)(1))-- (A) in the paragraph heading, by striking ``Commission'' and inserting ``Bureau''; (B) in subparagraph (A), by striking ``Commission'' and inserting ``Bureau''; (C) in subparagraph (B)(vi), by striking ``section 603(w)'' and inserting ``section 603(x)''; and (D) in subparagraph (C), by striking ``Commission'' and inserting ``Bureau''; and (4) in section 612(a)(1) (15 U.S.C. 1681j(a)(1))-- (A) in subparagraph (A), by striking ``subsections (p) and (w)'' and inserting ``subsections (p) and (x)''; (B) in subparagraph (C)(i)-- (i) by striking ``Commission'' and inserting ``Bureau''; and (ii) by striking ``section 603(w)'' and inserting ``section 603(x)''; (C) in subparagraph (C)(iii), by striking ``Commission'' and inserting ``Bureau''; and (D) in subparagraph (C)(iv), by striking ``section 603(w)'' and inserting ``section 603(x)''. SEC. 3. RULEMAKING. Not later than 180 days after the date of enactment of this Act, the Bureau of Consumer Financial Protection shall develop regulations establishing a mandatory disclosure format for consumer file disclosures pursuant to section 612(a)(1)(B) of the Fair Credit Reporting Act (15 U.S.C. 1681j(a)(1)(B)). SEC. 4. TECHNICAL CORRECTION. Section 615(h)(8)(A) of the Fair Credit Reporting Act (15 U.S.C. 1681m(h)(8)(A)) is amended by striking ``this section'' and inserting ``this subsection''.
Fair Access to Credit Scores Act of 2013 - Amends the Fair Credit Reporting Act to require certain consumer reporting agencies to disclose, without charge, as part of a consumer's free annual disclosure upon request, a current credit score generated using the scoring methodology most frequently used to generate scores sold to creditors, including information regarding other risk scores or predictors in the consumer's file. Requires the agencies also to furnish such other consumer information as the Consumer Financial Protection Bureau (CFPB) considers appropriate with respect to consumer financial education, including where the consumer's credit score falls with respect to a range of possible credit scores, and the general factors contributing to the credit scores of consumers. Requires such agencies, upon consumer request for either a credit score or a risk score, to supply any such score in the consumer's file at the agency. Requires the agencies to maintain credit scores or other risk scores or predictors in the consumer's file for at least one year after the data is generated. Directs the CFPB to develop regulations establishing a mandatory format for consumer file disclosures.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preparing More Welfare Recipients for Work Act''. SEC. 2. IMPROVING COUNTING OF REQUIRED HOURS OF PARTICIPATION IN WORK ACTIVITIES. (a) Elimination of Distinction Between Core and Non-Core Work Activities.--Section 407(c)(1)(A) of the Social Security Act (42 U.S.C. 607(c)(1)(A)) is amended by striking ``, not fewer than 20 hours per week of which are attributable to an activity described in paragraph (1), (2), (3), (4), (5), (6), (7), (8), or (12) of subsection (d)''. (b) Allowing States To Receive Partial Credit for Partial Engagement.--Section 407(c)(1)(B) of such Act (42 U.S.C. 607(c)(1)(B)) is amended to read as follows: ``(B) Partial credit for families participating for less than the minimum hours required.--If a family receiving assistance under the State program funded under this part includes an adult or minor child head of household receiving the assistance who has participated in work activities for an average of 15 hours (or 10 hours, in the case of a single parent specified in paragraph (2)(B)) per week during a month, the family shall count as 0.5 of a family for purposes of calculating the number described in subsection (b)(1)(B)(i) for the month.''. (c) State Option To Request Alternate Work Participation Rate Calculation.--Section 407(a) of such Act (42 U.S.C. 607(a)) is amended by adding at the end the following: ``(3) State option to request alternate work participation rate calculation.-- ``(A) Application.--A State may apply to the Secretary to apply subparagraph (C) with respect to the State. ``(B) Approval of application.--The Secretary may approve the application if the State demonstrates to the Secretary (in accordance with such guidelines as the Secretary shall establish) that the State has systems and mechanisms in place to accurately record individual hours of participation in work activities that accurately reflects the number of hours of participation of the individuals required to participate in the activities. ``(C) Alternative calculation.--A State whose application under this paragraph is approved by the Secretary shall be considered to be in compliance with this subsection for a month in a fiscal year if the sum of the total number of hours during which the recipients of assistance under the State program funded under this part who are required to be participating in work activities during the month have participated in the activities is not less than the percentage equal to the minimum participation rate in effect under paragraph (1) for the fiscal year, multiplied by the sum of-- ``(i) 30 times the number of the recipients who are so required to participate for an average of at least 30 hours per week in the month (as determined by the State); and ``(ii) 20 times the number of the recipients who are so required to participate for an average of at least 20 hours per week in the month (as so determined).''. (d) Modifications to Counting Job Search as Work.--Section 407(c)(2)(A) of such Act (42 U.S.C. 607(c)(2)(A)) is amended to read as follows: ``(A) Counting of job search as work.--After the participation of an individual in an activity described in subsection (d)(6) of this section of a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) has been counted for 3 months as participation in a work activity, participation by the individual in such an activity shall count towards not more than half of the hours of participation in work activities by the individual.''. (e) Modification of Rule Providing for Participation by Reason of Secondary School Attendance.--Section 407(c)(2)(C) of such Act (42 U.S.C. 607(c)(2)(C)) is amended-- (1) in the subparagraph heading, by striking ``Single teen head of household or married teen'' and inserting ``Individual''; (2) by striking ``is married or a head of household and''; and (3) by striking ``20 years'' and inserting ``26 years''. (f) Requirement That State Meet With Individual Involved in Job Readiness Activities for More Than 3 Months.--Section 407(c)(2) of such Act (42 U.S.C. 607(c)(2)) is amended by adding at the end the following: ``(E) Periodic meeting with individuals participating in job readiness assistance.--After an individual has participated for 3 months in an activity described in subsection (d)(12) of this section of a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)), the individual shall not be considered to be engaged in work by reason of participation in such an activity until the State has met with the individual, and certified that continued participation in such an activity is necessary to help prepare the individual for, or support the individual in, employment.''. (g) Providing Child Care Assistance to Community Service Participant Replaced by Job Readiness Assistance as Separate Work Activity.-- (1) In general.--Section 407(d)(12) of such Act (42 U.S.C. 607(d)) is amended to read as follows: ``(12) job readiness assistance.''. (2) Conforming amendment.--Section 407(d)(6) of such Act (42 U.S.C. 607(d)) is amended by striking ``and job readiness assistance''. (h) Doubling of Limit on Counting Vocation Educational Training as Work.--Section 407(d)(8) of such Act (42 U.S.C. 607(d)(8)) is amended by striking ``12'' and inserting ``24''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall take effect on October 1, 2017.
Preparing More Welfare Recipients for Work Act This bill revises mandatory work requirements under the Temporary Assistance for Needy Families (TANF) program. Specifically, for purposes of counting work activities toward the satisfaction of such requirements, the bill: eliminates the distinction between core work activities and other specified work activities related to training and education; in general, eliminates separate requirements for two-parent families and other families; allows partial credit with respect to families that participate in work activities for fewer hours than required; allows states to request approval for an alternative work-participation rate calculation; limits, after three months of participation, the extent to which job-search activities shall be counted as work activities; modifies requirements for counting secondary-school attendance as work participation; removes from the definition of "work activities" the provision of child-care services to an individual who is participating in a community service program; and increases, from 12 to 24 months, the maximum period for which vocational educational training counts a work activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive One-Call Notification Act of 1997''. SECTION 2. FINDINGS. The Congress finds that-- (1) unintentional damage to underground facilities during excavation is a significant cause of disruptions in telecommunications, water supply, electric power and other vital public services, such as hospital and air traffic control operations, and is a leading cause of natural gas and hazardous liquid pipeline accidents; (2) excavation that is performed without prior notification to an underground facility operator or with inaccurate marking of such a facility prior to excavation can cause damage that results in fatalities, serious injuries, harm to the environment and disruption of vital services to the public; and (3) protection of the public and the environment from the consequences of underground facility damage caused by excavations will be enhanced by a coordinated national effort to improve one-call notification programs in each State and the effectiveness and efficiency of one-call notification systems that operate under such programs. SEC. 3. ESTABLISHMENT OF ONE-CALL PROGRAM. (a) In General.--Subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM ``Sec. ``6101. Purposes. ``6102. Definitions. ``6103. Minimum standards for State one-call notification programs. ``6104. Compliance with minimum standards. ``6105. Review of one-call system best practices. ``6106. Grants to States. ``6107. Authorization of appropriations. ``Sec. 6101. PURPOSES ``The purposes of this chapter are-- ``(1) to enhance public safety; ``(2) to protect the environment; ``(3) to minimize risks to excavators; and ``(4) to prevent disruption of vital public services, by reducing the incidence of damage to underground facilities during excavation through the adoption and efficient implementation by all States of State one-call notification programs that meet the minimum standards set forth under section 6103. ``Sec. 6102. DEFINITIONS ``For purposes of this chapter-- ``(1) One-call notification system.--The term ``one-call notification system'' means a system operated by an organization that has as one of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such notification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground facilities in the course of such excavation. ``(2) State one-call notification program.--The term ``State one-call notification program'' means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such State. ``(3) State.--The term `State' means a State, the District of Columbia, and Puerto Rico. ``(4) Secretary.--The term `Secretary' means the Secretary of Transportation. ``Sec. 6103. MINIMUM STANDARDS FOR STATE ONE-CALL NOTIFICATION PROGRAMS ``(a) Minimum Standards.--A State one-call notification program shall, at a minimum, provide for-- ``(1) appropriate participation by all underground facility operators; ``(2) appropriate participation by all excavators; and ``(3) flexible and effective enforcement under State law with respect to participation in, and use of, one-call notification systems. ``(b) Appropriate Participation.--In determining the appropriate extent of participation required for types of underground facilities or excavators under subsection (a), a State shall assess, rank, and take into consideration the risks to the public safety, the environment, excavators, and vital public services associated with ``(1) damage to types of underground facilities; and ``(2) activities of types of excavators. ``(c) Implementation.--A State one-call notification program also shall, at a minimum, provide for ``(1) consideration of the ranking of risks under subsection (b) in the enforcement of its provisions; ``(2) a reasonable relationship between the benefits of one-call notification and the cost of implementing and complying with the requirements of the State one-call notification program; and ``(3) voluntary participation where the State determines that a type of underground facility or an activity of a type of excavator poses a de minimis risk to public safety or the environment. ``(d) Penalties.--To the extent the State determines appropriate and necessary to achieve the purposes of this chapter, a State one-call notification program shall, at a minimum, provide for ``(1) administrative or civil penalties commensurate with the seriousness of a violation by an excavator or facility owner of a State one-call notification program; ``(2) increased penalties for parties that repeatedly damage underground facilities because they fail to use one-call notification systems or for parties that repeatedly fail to provide timely and accurate marking after the required call has been made to a one-call notification system; ``(3) reduced or waived penalties for a violation of a requirement of a State one-call notification program that results in, or could result in, damage that is promptly reported by the violator; ``(4) equitable relief; and ``(5) citation of violations. ``Sec. 6104. COMPLIANCE WITH MINIMUM STANDARDS ``(a) Requirement.--In order to qualify for a grant under section 6106, each State shall, within 2 years after the date of the enactment of the Comprehensive One-Call Notification Act of 1997, submit to the Secretary a grant application under subsection (b). ``(b) Application.-- ``(1) Upon application by a State, the Secretary shall review that State's one-call notification program, including the provisions for implementation of the program and the record of compliance and enforcement under the program. ``(2) Based on the review under paragraph (1), the Secretary shall determine whether the State's one-call notification program meets the minimum standards for such a program set forth in section 6103 in order to qualify for a grant under section 6106. ``(3) In order to expedite compliance under this section, the Secretary may consult with the State as to whether an existing State one-call notification program, a specific modification thereof, or a proposed State program would result in a positive determination under paragraph (2). ``(4) The Secretary shall prescribe the form of, and manner of filing, an application under this section that shall provide sufficient information about a State's one-call notification program for the Secretary to evaluate its overall effectiveness. Such information may include the nature and reasons for exceptions from required participation, the types of enforcement available, and such other information as the Secretary deems necessary. ``(5) The application of a State under paragraph (1) and the record of actions of the Secretary under this section shall be available to the public. ``(c) Alternative Program.--A State may maintain an alternative one-call notification program if that program provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards set forth in section 6103. ``(d) Report.--Within 3 years after the date of the enactment of the Comprehensive One-call Notification Act of 1997, the Secretary shall begin to include the following information in reports submitted under section 60124 of this title-- ``(1) a description of the extent to which each State has adopted and implemented the minimum Federal standards under section 6103 or maintains an alternative program under subsection (c); ``(2) an analysis by the Secretary of the overall effectiveness of the State's one-call notification program and the one-call notification systems operating under such program in achieving the purposes of this chapter; ``(3) the impact of the State's decisions on the extent of required participation in one-call notification systems on prevention of damage to underground facilities; and ``(4) areas where improvements are needed in one-call notification systems in operation in the State. The report shall also include any recommendations the Secretary determines appropriate. If the Secretary determines that the purposes of this chapter have been substantially achieved, no further report under this section shall be required. ``Sec. 6105. REVIEW OF ONE-CALL SYSTEM BEST PRACTICES ``(a) Study of Existing One-Call Systems.--Except as provided in subsection (d), the Secretary, in consultation with other appropriate Federal agencies, State agencies, one-call notification system operators, underground facility operators, excavators, and other interested parties, shall undertake a study of damage prevention practices associated with existing one-call notification systems. ``(b) Purpose of Study of Damage Prevention Practices.--The purpose of the study is to assemble information in order to determine which existing one-call notification systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. As part of the study, the Secretary shall at a minimum consider-- ``(1) the methods used by one-call notification systems and others to encourage participation by excavators and owners of underground facilities; ``(2) the methods by which one-call notification systems promote awareness of their programs, including use of public service announcements and educational materials and programs; ``(3) the methods by which one-call notification systems receive and distribute information from excavators and underground facility owners; ``(4) the use of any performance and service standards to verify the effectiveness of a one-call notification system; ``(5) the effectiveness and accuracy of mapping used by one-call notification systems; ``(6) the relationship between one-call notification systems and preventing intentional damage to underground facilities; ``(7) how one-call notification systems address the need for rapid response to situations where the need to excavate is urgent; ``(8) the extent to which accidents occur due to errors in marking of underground facilities, untimely marking or errors in the excavation process after a one-call notification system has been notified of an excavation; ``(9) the extent to which personnel engaged in marking underground facilities may be endangered; ``(10) the characteristics of damage prevention programs the Secretary believes could be relevant to the effectiveness of State one-call notification programs; and ``(11) the effectiveness of penalties and enforcement activities under State one-call notification programs in obtaining compliance with program requirements. ``(c) Report.--Within 1 year after the date of the enactment of the Comprehensive One-Call Notification Act of 1997, the Secretary shall publish a report identifying those practices of one-call notification systems that are the most and least successful in-- ``(1) preventing damage to underground facilities; and ``(2) providing effective and efficient service to excavators and underground facility operators. The Secretary shall encourage States and operators of one-call notification programs to adopt and implement the most successful practices identified in the report. ``(d) Secretarial Discretion.--Prior to undertaking the study described in subsection (a), the Secretary shall determine whether timely information described in subsection (b) is readily available. If the Secretary determines that such information is readily available, the Secretary is not required to carry out the study. ``6106. GRANTS TO STATES ``(a) In General.--The Secretary may make a grant of financial assistance to a State that qualifies under section 6104(b) to assist in improving-- ``(1) the overall quality and effectiveness of one-call notification systems in the State; ``(2) communications systems linking one-call notification systems; ``(3) location capabilities, including training personnel and developing and using location technology; ``(4) record retention and recording capabilities for one- call notification systems; ``(5) public information and education; ``(6) participation in one-call notification systems; or ``(7) compliance and enforcement under the State one-call notification program. ``(b) State Action Taken Into Account.--In making grants under this section the Secretary shall take into consideration the commitment of each State to improving its State one-call notification program, including legislative and regulatory actions taken by the State after the date of enactment of the Comprehensive One-Call Notification Act of 1997. ``(c) Funding for One-Call Notification Systems.--A State may provide funds received under this section directly to any one-call notification system in such State that substantially adopts the best practices identified under section 6105. ``Sec. 6107. AUTHORIZATION OF APPROPRIATIONS ``(a) For Grants to States.--There are authorized to be appropriated to the Secretary in fiscal year 1999 no more than $1,000,000 and in fiscal year 2000 no more than $5,000,000, to be available until expended, to provide grants to States under section 6106. ``(b) For Administration.--There are authorized to be appropriated to the Secretary such sums as may be necessary during fiscal years 1998, 1999, and 2000 to carry out sections 6103, 6104, and 6105. ``(c) General Revenue Funding.--Any sums appropriated under this section shall be derived from general revenues and may not be derived from amounts collected under section 60301 of this title.''. (b) Conforming Amendments.-- (1) The analysis of chapters for subtitle III of title 49, United States Code, is amended by adding at the end thereof the following: ``CHAPTER 61--ONE-CALL NOTIFICATION PROGRAM''. (2) Chapter 601 of title 49, United States Code, is amended (A) by striking ``sections 60114 and'' in section 60105(a) of that chapter and inserting ``section''; (B) by striking section 60114 and the item relating to that section in the table of sections for that chapter; (C) by striking ``60114(c), 60118(a),'' in section 60122(a)(1) of that chapter and inserting ``60118(a),''; (D) by striking ``60114(c) or'' in section 60123(a) of that chapter; (E) by striking ``sections 60107 and 60114(b)'' in subsections (a) and (b) of section 60125 and inserting ``section 60107'' in each such subsection; and (F) by striking subsection (d) of section 60125, and redesignating subsections (e) and (f) of that section as subsections (d) and (e). Passed the Senate November 9, 1997. Attest: GARY SISCO, Secretary.
Comprehensive One-Call Notification Act of 1997 - Provides for the establishment of a State one-call notification program to protect underground facilities from excavation damage. Outlines required elements of the program, including minimum standards and provisions for implementation and enforcement. Authorizes a State to maintain an alternate one-call notification program if it provides protection for public safety, the environment, or excavators that is equivalent to, or greater than, protection under a program that meets the minimum standards of this Act. Directs the Secretary of Transportation to study damage prevention practices associated with existing one-call notification systems in order to determine which systems practices appear to be the most effective in preventing damage to underground facilities and in protecting the public, the environment, excavators, and public service disruption. Authorizes the Secretary to make grants to assist qualifying States in improving their one-call notification programs. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rosie the Riveter/World War II Home Front National Historical Park Establishment Act of 2000''. SEC. 2. ROSIE THE RIVETER/WORLD WAR II HOME FRONT NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit and inspiration of the people of the United States as a national historical park certain sites, structures, and areas located in Richmond, California, that are associated with the industrial, governmental, and citizen efforts that led to victory in World War II, there is established the Rosie the Riveter/World War II Home Front National Historical Park (in this Act referred to as the ``park''). (b) Areas Included.--The boundaries of the park shall be those generally depicted on the map entitled ``Proposed Boundary Map, Rosie the Riveter/World War II Home Front National Historical Park'' numbered 963/80000 and dated May 2000. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 3. ADMINISTRATION OF THE NATIONAL HISTORICAL PARK. (a) In General.-- (1) General administration.--The Secretary of the Interior (in this Act referred to as the ``Secretary'') shall administer the park in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act entitled ``An Act to establish a National Park Service, and for other purposes'', approved August 35, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (2) Specific authorities.--The Secretary may interpret the story of Rosie the Riveter and the World War II home front, conduct and maintain oral histories that relate to the World War II home front theme, and provide technical assistance in the preservation of historic properties that support this story. (b) Cooperative Agreements.-- (1) General agreements.--The Secretary may enter into cooperative agreements with the owners of the World War II Child Development Centers, the World War II worker housing, the Kaiser- Permanente Field Hospital, and Fire Station 67A, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of such properties. Such agreements shall contain, but need not be limited to, provisions under which the Secretary shall have the right of access at reasonable times to public portions of the property for interpretive and other purposes, and that no changes or alterations shall be made in the property except by mutual agreement. (2) Limited agreements.--The Secretary may consult and enter into cooperative agreements with interested persons for interpretation and technical assistance with the preservation of-- (A) the Ford Assembly Building; (B) the intact dry docks/basin docks and five historic structures at Richmond Shipyard #3; (C) the Shimada Peace Memorial Park; (D) Westshore Park; (E) the Rosie the Riveter Memorial; (F) Sheridan Observation Point Park; (G) the Bay Trail/Esplanade; (H) Vincent Park; and (I) the vessel S.S. RED OAK VICTORY, and Whirley Cranes associated with shipbuilding in Richmond. (c) Education Center.--The Secretary may establish a World War II Home Front Education Center in the Ford Assembly Building. Such center shall include a program that allows for distance learning and linkages to other representative sites across the country, for the purpose of educating the public as to the significance of the site and the World War II Home Front. (d) Use of Federal Funds.-- (1) Non-federal matching.--(A) As a condition of expending any funds appropriated to the Secretary for the purposes of the cooperative agreements under subsection (b)(2), the Secretary shall require that such expenditure must be matched by expenditure of an equal amount of funds, goods, services, or in-kind contributions provided by non-Federal sources. (B) With the approval of the Secretary, any donation of property, services, or goods from a non-Federal source may be considered as a contribution of funds from a non-Federal source for purposes of this paragraph. (2) Cooperative agreement.--Any payment made by the Secretary pursuant to a cooperative agreement under this section shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purposes of this Act, as determined by the Secretary, shall entitle the United States to reimbursement of the greater of-- (A) all funds paid by the Secretary to such project; or (B) the proportion of the increased value of the project attributable to such payments, determined at the time of such conversion, use, or disposal. (e) Acquisition.-- (1) Ford assembly building.--The Secretary may acquire a leasehold interest in the Ford Assembly Building for the purposes of operating a World War II Home Front Education Center. (2) Other facilities.--The Secretary may acquire, from willing sellers, lands or interests in the World War II day care centers, the World War II worker housing, the Kaiser-Permanente Field Hospital, and Fire Station 67, through donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange. (3) Artifacts.--The Secretary may acquire and provide for the curation of historic artifacts that relate to the park. (f) Donations.--The Secretary may accept and use donations of funds, property, and services to carry out this Act. (g) General Management Plan.-- (1) In general.--Not later than 3 complete fiscal years after the date funds are made available, the Secretary shall prepare, in consultation with the City of Richmond, California, and transmit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a general management plan for the park in accordance with the provisions of section 12(b) of the Act of August 18, 1970 (16 U.S.C. 1a-7(b)), popularly known as the National Park System General Authorities Act, and other applicable law. (2) Preservation of setting.--The general management plan shall include a plan to preserve the historic setting of the Rosie the Riveter/World War II Home Front National Historical Park, which shall be jointly developed and approved by the City of Richmond. (3) Additional sites.--The general management plan shall include a determination of whether there are additional representative sites in Richmond that should be added to the park or sites in the rest of the United States that relate to the industrial, governmental, and citizen efforts during World War II that should be linked to and interpreted at the park. Such determination shall consider any information or findings developed in the National Park Service study of the World War II Home Front under section 4. SEC. 4. WORLD WAR II HOME FRONT STUDY. The Secretary shall conduct a theme study of the World War II home front to determine whether other sites in the United States meet the criteria for potential inclusion in the National Park System in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.-- (1) Oral histories, preservation, and visitor services.--There are authorized to be appropriated such sums as may be necessary to conduct oral histories and to carry out the preservation, interpretation, education, and other essential visitor services provided for by this Act. (2) Artifacts.--There are authorized to be appropriated $1,000,000 for the acquisition and curation of historical artifacts related to the park. (b) Property Acquisition.--There are authorized to be appropriated such sums as are necessary to acquire the properties listed in section 3(e)(2). (c) Limitation on Use of Funds for S.S. RED OAK VICTORY.--None of the funds authorized to be appropriated by this section may be used for the operation, maintenance, or preservation of the vessel S.S. RED OAK VICTORY. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Authorizes the Secretary of the Interior, in administering the Park, to enter into cooperative agreements with owners of the World War II Child Development Centers, the World War II worker housing, the Kaiser Permanente Field Hospital, and Fire Station 67A, pursuant to which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to their preservation and interpretation. The Secretary may also enter into cooperative agreements with interested persons for interpretation and technical assistance with the preservation of the Rosie the Riveter Memorial, Vincent Park, the Shimada Peace Memorial Park, Westshore Park, the Ford Assembly Building, Sheridan Observation Point Park, the Bay Trail-Esplanade, the intact dry docks-basin docks and five historic structures at Richmond Shipyard #3, and the vessel S.S. RED OAK VICTORY (and Whirley Cranes associated with ship building in Richmond). Authorizes the Secretary to establish a World War II Home Front Education Center in the Ford Assembly Building, including a program that allows for distance learning. Requires 50 percent matching non-Federal funds under the cooperative agreements. Requires the Secretary to submit to specified congressional committees a general management plan, which shall include a determination of whether there are additional representative sites in Richmond or in the United States relating to industrial, governmental, and citizen efforts during World War II that should be linked to and interpreted at the park. Directs the Secretary to conduct a theme study of the World War II home front to determine whether other U.S. sites meet the criteria for potential inclusion in the National Park System. Authorizes appropriations (but not for the operation or maintenance of the vessel S.S. RED OAK VICTORY).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore our Neighborhoods Act of 2012''. SEC. 2. CREDIT TO HOLDERS OF QUALIFIED URBAN DEMOLITION BONDS. (a) In General.--Subpart I of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 54G. QUALIFIED URBAN DEMOLITION BONDS. ``(a) Qualified Urban Demolition Bond.--For purposes of this subchapter, the term `qualified urban demolition bond' means any bond issued as part of an issue if-- ``(1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a qualified issuer, ``(2) the bond is issued by a qualified issuer and is in registered form (within the meaning of section 149(a)), ``(3) the qualified issuer designates such bond for purposes of this section, ``(4) the term of each bond which is part of such issue does not exceed 30 years, ``(5) such bond is issued during the 5-year period beginning on the date of the enactment of this section, and ``(6) the issue meets the requirements of subsection (e). ``(b) Limitation on Amount of Bonds Designated.-- ``(1) In general.--The maximum aggregate face amount of bonds which may be designated under subsection (a) by a State shall not exceed the qualified urban demolition bond limitation amount allocated to such State under paragraph (3). ``(2) National qualified urban demolition bond limitation amount.--There is a national qualified urban demolition bond limitation amount of $4,000,000,000. ``(3) Allocation to states.-- ``(A) In general.--The national qualified urban demolition bond limitation shall be allocated by the Secretary among the States on the following basis and in such manner so as to ensure that all of such limitation amount is allocated before the date which is 3 months after the date of the enactment of this section: ``(i) $2,000,000,000 to be allocated among the qualified States in accordance with subparagraph (B), and ``(ii) $2,000,000,000 to be equally allocated among all States. ``(B) Formula for allocation among qualified states.-- ``(i) In general.--The amount allocated to a State under subparagraph (A)(i) shall be an amount equal to the amount specified in subparagraph (A)(i) multiplied by the ratio that the nonseasonal vacant properties in the State bears to the total nonseasonal vacant properties of all qualified States. ``(ii) Nonseasonal vacant properties.--For purposes of clause (i), nonseasonal vacant properties shall be determined by the Secretary on the basis of 2010 decennial census. ``(4) Allocation of limitation amount by states.--The limitation amount allocated to a State under paragraph (3) shall be allocated by the State to qualified issuers within such State. ``(5) Reallocation of unused issuance limitation.--If at the end of the 2-year period beginning on the date of the enactment of this section, the national qualified urban demolition bond limitation amount under paragraph (2) exceeds the total amount of qualified urban demolition bonds issued during such period, such excess shall be reallocated among the qualified States in such manner as the Secretary determines appropriate so as to ensure to the extent possible that all of such limitation amount is issued in the form of qualified urban demolition bonds before the end of the 5-year period beginning on the date of the enactment of this section. ``(c) Qualified Project.--For purposes of this section, the term `qualified project' means the direct and indirect demolition costs properly attributable to any project proposed and approved by a qualified issuer, but does not include costs of operation or maintenance with respect to such project. ``(d) Applicable Credit Rate.--In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding long-term corporate debt obligations (determined in such manner as the Secretary prescribes). ``(e) Special Rules Relating to Expenditures.--In lieu of subparagraphs (A) and (B) of section 54A(d)-- ``(1) In general.--An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects-- ``(A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, and ``(B) to incur a binding commitment with a third party to spend at least 10 percent of the proceeds of such issue with respect to such projects within the 12- month period beginning on such date. ``(2) Rules regarding continuing compliance after 5-year determination.--To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. ``(f) Recapture of Portion of Credit Where Cessation of Compliance.--If any bond which when issued purported to be a qualified urban demolition bond ceases to be such a bond, the qualified issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of-- ``(1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the land bank, and ``(2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. ``(g) Other Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified issuer.--The term `qualified issuer' means-- ``(A) a State-authorized land bank, or ``(B) with respect a State that does not have one or more State-authorized land banks, the State or any political subdivision or instrumentality thereof. ``(2) State-authorized land bank.--The term `State- authorized land bank' means a special unit of government or public purpose corporation-- ``(A) expressly charged under State law with the reclamation, repurposing and redevelopment of vacant and abandoned land, ``(B) enabled under State law to conduct large scale demolition projects, ``(C) organized in a State which has enacted legislation allowing for the expedited tax foreclosure of vacant, abandoned, and tax delinquent property, and ``(D) which may include a joint venture among 2 or more State-authorized land banks or among other entities with whom such special unit of government or public purpose corporation is authorized to enter into a joint venture. ``(3) Qualified state.--The term `qualified State' means a State which meets 3 of the following 4 requirements: ``(A) The State ranks in the top 20 among all States in percentage change in nonseasonal vacancies in the time period between the 2000 decennial census and the 2010 decennial census. ``(B) The State ranks in the top 25 among all States in unemployment rate (seasonally adjusted) for the most recent 12-month period available. ``(C) The State ranks in the top 25 among all States in percentage of loans in foreclosure for the most recent quarter available. ``(D) The State ranks in the top 20 among all States in the lowest percentage change in population growth in the time period between the 2000 decennial census and the 2010 decennial census. ``(4) Credits may be transferred.--Notwithstanding in any law or rule of law shall be construed to limit the transferability of the credit or bond allowed by this section through sale and repurchase agreements.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 54A(d) of such Code is amended by striking ``or'' at the end of subparagraph (D), by inserting ``or'' at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: ``(E) a qualified urban demolition bond,''. (2) Subparagraph (C) of section 54A(d)(2) is amended by striking ``and'' at the end of clause (iv), by striking the period at the end of clause (v) and inserting ``, and'', and by adding at the end the following new clause: ``(vi) in the case of a qualified urban demolition bond, a purpose specified in section 54G(a)(1).''. (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 54G. Qualified urban demolition bonds.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 3. USE OF NEIGHBORHOOD STABILIZATION PROGRAM FUNDS FOR DEMOLITION ACTIVITIES. (a) NSP2 and NSP3 Funds.-- (1) Exception to limitation on use for demolition.-- Notwithstanding the 13th proviso of the second undesignated paragraph under the heading ``Community Planning and Development--Community Development Fund'' in title XII of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 218) and section 1497(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203; 124 Stat. 2209), a qualified State or unit of general local government in a qualified State may use all or any portion of any amounts made available from a grant under such second undesignated paragraph or under such section 1497 for the purpose set forth in section 2301(c)(4)(D) of the Dodd- Frank Wall Street Reform and Consumer Protection Act (42 U.S.C. 5301 note), at the sole discretion of the State or unit of general local government. (2) Definition.--For purposes of this subsection, the term ``qualified State'' has the meaning given such term in section 54G(g) of the Internal Revenue Code of 1986. (b) Future Grants.--Subsection (c) of section 2301 of the Housing and Economic Recovery Act of 2008 (42 U.S.C. 5301 note) is amended by adding at the end the following new paragraph: ``(5) Prohibition of limitation on use for demolition.--A qualified State or unit of general local government in a qualified State may use all or any portion of any amounts made available from a grant under this section for the purpose set forth in paragraph (4)(D) of this subsection, at the sole discretion of the State or unit of general local government. For purposes of this paragraph, the term `qualified State' has the meaning given such term in section 54G(g) of the Internal Revenue Code of 1986.''.
Restore our Neighborhoods Act of 2012 - Amends the Internal Revenue Code to establish a new category of tax credit bonds to be known as qualified urban demolition bonds. Allows the issuance of $4 billion of such bonds for the purpose of demolishing vacant, abandoned, and tax delinquent properties in urban areas. Provides for the allocation of $2 billion to all states to fund such demolition projects, and an additional $2 billion for certain other states that have greater numbers of vacant or foreclosed properties and higher unemployment rates (qualified states).
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Anthrax Victims Fund Fairness Act of 2003''. SEC. 2. REFERENCES. Except as otherwise expressly provided, wherever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered a reference to the September 11th Victim Compensation Fund of 2001 (Public Law 107-42; 49 U.S.C. 40101 note). SEC. 3. COMPENSATION FOR VICTIMS OF TERRORIST ACTS. (a) Definitions.--Section 402(6) is amended by inserting ``or related to a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (b) Purpose.--Section 403 is amended by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (c) Determination of Eligibility for Compensation.-- (1) Claim form contents.--Section 405(a)(2)(B) is amended-- (A) in clause (i), by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the semicolon; (B) in clause (ii), by inserting ``or terrorist- related laboratory-confirmed anthrax infection'' before the semicolon; and (C) in clause (iii), by inserting ``or terrorist- related laboratory-confirmed anthrax infection'' before the period. (2) Limitation.--Section 405(a)(3) is amended by striking ``2 years'' and inserting ``3 years''. (3) Collateral compensation.--Section 405(b)(6) is amended by inserting ``or as a result of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001'' before the period. (4) Eligibility.-- (A) Individuals.--Section 405(c)(2) is amended-- (i) in subparagraph (B), by striking ``or'' after the semicolon; (ii) in subparagraph (C)-- (I) by striking ``or (B)'' and inserting ``, (B), or (C)''; and (II) striking ``(C)'' and inserting ``(D)''; and (iii) by inserting after subparagraph (B) the following: ``(C) an individual who suffered physical harm or death as a result of a terrorist-related laboratory- confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001; or ''. (B) Requirements.--Section 405(c)(3) is amended-- (i) in the heading for subparagraph (B) by inserting ``relating to september 11th terrorist acts'' before the period; and (ii) by adding at the end the following: ``(C) Limitation on civil action relating to other terrorist acts.-- ``(i) In general.--Upon the submission of a claim under this title, the claimant waives the right to file a civil action (or to be a party to an action) in any Federal or State court for damages sustained as a result of a terrorist- related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001. The preceding sentence does not apply to a civil action to recover any collateral source obligation based on contract, or to a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act. ``(ii) Pending actions.--In the case of an individual who is a party to a civil action described in clause (i), such individual may not submit a claim under this title unless such individual withdraws from such action by the date that is 90 days after the date on which regulations are promulgated under section 4 of the Anthrax Victims Fund Fairness Act of 2003. ``(D) Individuals with prior compensation.-- ``(i) In general.--Subject to clause (ii), an individual is not an eligible individual for purposes of this subsection if that individual, or the estate of that individual, has received any compensation from a civil action or settlement based on tort related to a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001. ``(ii) Exception.--Clause (i) shall not apply to compensation received from a civil action against any person who is a knowing participant in any conspiracy to commit any terrorist act.''. (C) Ineligibility of participants and conspirators.--Section 405(c) is amended by adding at the end the following: ``(4) Ineligibility of participants and conspirators.--An individual, or a representative of that individual, shall not be eligible to receive compensation under this title if that individual is identified by the Attorney General to have been a participant or conspirator in a terrorist-related laboratory- confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001.''. SEC. 4. REGULATIONS. Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Special Master, shall promulgate regulations to carry out the amendments made by this Act, including regulations with respect to-- (1) forms to be used in submitting claims under this Act; (2) the information to be included in such forms; (3) procedures for hearing and the presentation of evidence; (4) procedures to assist an individual in filing and pursuing claims under this Act; and (5) other matters determined appropriate by the Attorney General.
Anthrax Victims Fund Fairness Act of 2003 - Amends the September 11th Victim Compensation Fund of 2001 to provide compensation for victims of a terrorist-related laboratory-confirmed anthrax infection in the United States during the period beginning on September 13, 2001, through November 30, 2001, on the same basis as compensation is provided to victims of the terrorist-related aircraft crashes on September 11, 2001. States that a claimant under this Act waives the right to file a civil action in any Federal or State court for damages sustained in the incident, except against a knowing participant in any conspiracy to commit any terrorist act. Exempts from such waiver any civil action to recover a collateral source obligation based on contract.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting UACs Through Enhanced Sponsor Vetting Act of 2017''. SEC. 2. ADDITIONAL PROCEDURES FOR PLACEMENT DECISIONS FOR UNACCOMPANIED ALIEN CHILDREN. Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended-- (1) in subsection (b)(1)-- (A) in subparagraph (K), by striking ``; and'' at the end; (B) in subparagraph (L), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(M) providing notification of the prospective placement of an unaccompanied alien child with a sponsor to the Governor of the State and the chief executive of the county in which the sponsor resides.''; (2) in subsection (b)(2), by amending subparagraph (A) to read as follows: ``(A) shall coordinate with appropriate juvenile justice professionals, the Director of the Bureau of Citizenship and Immigration Services, the Assistant Secretary of the Bureau of Border Security, the Director of the Federal Bureau of Investigation, and appropriate State and local law enforcement officials to ensure that such determinations ensure that unaccompanied alien children described in such subparagraph-- ``(i) are likely to appear for all hearings or proceedings in which they are involved; ``(ii) are protected from smugglers, traffickers, members of a designated transnational criminal organization, or others who might seek to victimize or otherwise engage them in criminal, harmful, or exploitive activity, including by conducting a thorough criminal history background check utilizing the Next Generation Identification System or its successor system on prospective sponsors; ``(iii) are placed in a setting in which they are not likely to pose a danger to themselves or others; and''; (3) by redesignating subsection (g) as subsection (h) and-- (A) in paragraph (1) of such subsection, by striking ``and'' at the end; (B) in paragraph (2) of such subsection, by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(3) the term `transnational criminal organization' means a criminal organization that has been designated as a transnational criminal organization by the Office of Foreign Assets Control at the Department of the Treasury.''; and (4) by inserting after subsection (f) the following: ``(g) Additional Procedures for Making Placement Determinations.-- ``(1) Criminal records checks.--The Director shall coordinate with the Attorney General to conduct a thorough criminal history background check utilizing the Next Generation Identification System or its successor system for all prospective sponsors before placement of an unaccompanied alien child. ``(2) Consultation with relevant law enforcement entities.--The Director shall consult with relevant law enforcement entities, including Federal, State, and local law enforcement, prior to making a determination on whether it is appropriate to place an unaccompanied alien child with a prospective sponsor. This consultation will examine any criminal activity in which the prospective sponsor may have been, or is currently, involved. ``(3) Notification to state and local governments.--The Director shall notify relevant State and local governments of the decision to place an unaccompanied alien child with a sponsor. This notification will include the Governor of the state where the sponsor resides, as well as the mayor or equivalent officeholder of the locality where the sponsor resides. ``(4) Transnational criminal organization intelligence sharing.--The Director shall provide to the Terrorist Screening Center information uncovered during the placement process of an unaccompanied alien child that establishes membership in, or affiliation with, a designated transnational criminal organization of either an unaccompanied alien child or a prospective sponsor.''.
Protecting UACs Through Enhanced Sponsor Vetting Act of 2017 This bill establishes additional sponsor vetting requirements for placement of unaccompanied alien children (UACs) who are in federal custody because of their immigration status. UACs are children under the age of 18 with no lawful immigration status who either have no parent or legal guardian in the United States, or have no parent or legal guardian in the United States available to provide care and physical custody. The Homeland Security Act of 2002 is amended to require the Department of Health and Human Service's Office of Refugee Resettlement, as part of its UAC placement determinations, to: notify the governor and the chief executive of the county in which a sponsor resides of a prospective placement; include the Federal Bureau of Investigation and state and local law enforcement officials in consultations regarding UAC adherence to hearing requirements and safety from criminal or exploitive elements, including protection from members of a transnational criminal organization. Prior to making a placement determination the office shall: coordinate with the Department of Justice to use the Next Generation Identification System to check the criminal background of prospective sponsors; and consult with federal, state, and local law enforcement entities. The office shall also: notify state and local governments of a placement determination, including notifying the governor and mayor of the locality in which the sponsor resides; and provide the Terrorist Screening Center with any information uncovered during the placement process that establishes the child's or sponsor's membership or affiliation with a transnational criminal organization.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Export Enhancement Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) United States exports are concentrated very heavily among a very few large companies. Only 2 percent of United States businesses account for 85 percent of United States exports. (2) Small businesses remain a large untapped resource of potential export growth for the United States economy. However, small businesses with competitive products frequently face high transactions costs and inadequate information about foreign markets which limit their ability to export. (3) There is a significant need for export assistance services targeted to smaller exporters. Over 95 percent of United States exporters have annual export sales of less than $5,000,000, and 72 percent of United States export shipments are worth less than $20,000. (4) There are over 150 Federal export promotion programs fragmented among 19 different Federal agencies. Federal export promotion activities are characterized by duplication of effort, overlap, inefficient dissemination of services and information, turf battles, and confusion among both providers and users of assistance. The Trade Promotion Coordinating Committee concluded that ``for many small and medium-sized firms, getting through the bureaucracy may be as great a hurdle as foreign market barriers''. (5) The National Performance Review concluded that the Federal Government must reallocate its resources to sectors that have clearly shown growth potential while it works to make its services more accessible to clients. (6) State-based and private sector organizations frequently have better, more timely information about which companies are ready to export, and exactly what type of help they need, than do Federal providers of export assistance. (7) State-based providers of export assistance, including State departments of trade, local industry associations, international freight forwarding companies, local and regional banks, chambers of commerce, and world trade centers, have good local networks to deliver services but their resources are limited in comparison to the Federal Government. (8) Effective outreach by export assistance providers is key to providing useful service to small businesses. (9) For all companies seeking to export, trade finance is a necessity, and the Federal Government must find ways to help the private sector to deliver trade finance in a useful and profitable way. (10) Partnerships between the Federal Government and State- based providers of export assistance can more effectively focus export assistance on small businesses. By combining the funds and international resources of the Federal Government with the local networks of State-based providers of export assistance, such partnerships can provide a sharper focus on long-term export market development than do traditional trade promotion activities. SEC. 3. EXPANDING FEDERAL FINANCIAL SUPPORT FOR STATE-BASED EXPORT ENHANCEMENT ACTIVITIES. (a) The Market Development Cooperator Program.--There is authorized to be appropriated $40,000,000 to provide grants to qualified entities for activities described in section 2303 of the Export Enhancement Act of 1988. (b) The Foreign Buyer Program.--There is authorized to be appropriated $2,000,000 to provide financial support, on a shared basis, to small businesses to increase the number of small businesses participating in activities described in section 2304 of the Export Enhancement Act of 1988. (c) Trade Missions.-- (1) The International Trade Administration (ITA) shall establish a grant program to provide financial support, on a shared basis, for foreign trade missions run by State governments and designed primarily for participation by small and medium-sized businesses. (2) ITA shall make available for this program no less money than is available for foreign trade missions run by the Federal Government. (3) In the selection of trade missions to which the ITA will provide financial support, ITA shall consider the extent to which a proposed trade mission will advance the State's economic development and export promotion strategies. SEC. 4. DISCRETIONARY FUNDS WITHIN THE INTERNATIONAL TRADE ADMINISTRATION. In order to better fulfill its mandate to promote exports of goods and services of the United States, particularly by small- and medium- sized businesses, the International Trade Administration shall make it a priority to expand financial support for State-based export enhancement activities, using discretionary funds within its budget. Such financial support may include matching grants for new or experimental State-based export enhancement programs that are not specifically authorized by Congress but that have the potential to facilitate exporting by small businesses. SEC. 5. IMPROVING INFORMATION AND TECHNICAL ASSISTANCE AVAILABLE TO HELP SMALL BUSINESSES COMPLY WITH EXPORT CONTROL REQUIREMENTS. Not later than one year after the date of enactment of this Act, Federal agencies involved in administering controls and regulations concerning the export of goods and services from the United States shall, in consultation with small businesses, State departments of trade, State-based industry trade associations, international freight forwarding companies, and other State-based providers of export assistance to small businesses, establish and implement a plan to-- (1) consolidate information regarding rules and restrictions on exports and make it available in a format that is easily accessible by small businesses that seek to export; and (2) create an outreach program to inform small businesses seeking to export of relevant rules and restrictions on exports and to provide technical assistance for complying with those rules and restrictions. SEC. 6. IMPROVING EFFICIENCY TO REALIZE SAVINGS TO PAY FOR IMPROVED SMALL BUSINESS EXPORT ASSISTANCE. Not later than 180 days after the date of enactment of this Act, the International Trade Administration, in consultation with other Federal agencies that provide export assistance services (including trade finance and insurance), shall submit to Congress a plan to consolidate or eliminate programs that provide substantially similar export assistance services or provide export assistance services to substantially similar recipients. The plan shall identify savings of not less than $100,000,000 per year, to be achieved primarily through improved efficiency, streamlining, and targeting of resources to sectors with high export potential.
Small Business Export Enhancement Act of 1994 - Authorizes appropriations to provide: (1) grants to qualified entities under the Market Development Cooperator Program to promote the export of goods and services of U.S. small businesses; and (2) assistance to U.S. small businesses to increase their participation in U.S. trade shows that bring together foreign governments seeking to buy their goods and services. Directs the International Trade Administration (ITA) to establish a grant program to provide financial support, on a shared basis, for State-run foreign trade missions designed primarily for participation by small and medium-sized businesses. (Sec. 4) Directs the ITA, in order to better promote the export of the goods and services of small- and medium-sized businesses in particular, to make it a priority to expand financial support for State-based enhancement activities by using discretionary funds. (Sec. 5) Requires Federal agencies that administer controls and regulations with respect to the export of U.S. goods and services to establish a plan to: (1) consolidate, and make easily accessible to small businesses that export, information regarding rules and restrictions on exports; and (2) create an outreach program to inform such businesses of such rules and restrictions and provide technical assistance for complying with them. (Sec. 6) Directs the ITA to submit to the Congress a plan to consolidate or eliminate programs that provide similar export assistance services or provide such assistance to similar recipients. Requires such plan to realize savings of not less than $100 million per year through improved efficiency, streamlining, and targeting of resources to sectors with high export potential.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Carlsbad Irrigation Project Acquired Land Conveyance Act''. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``District'' means the Carlsbad Irrigation District, a quasimunicipal corporation formed under the laws of the State of New Mexico that has its principal place of business in the city of Carlsbad, Eddy County, New Mexico. (2) The term ``Secretary'' means the Secretary of the Interior. (3) The term ``Project'' means all right, title, and interest in and to the lands (including the subsurface and mineral estate) in Eddy County, New Mexico, described as the acquired lands in section (7) of the Status of Lands and Title Report: Carlsbad Project as reported by the Bureau of Reclamation in 1978 and all interests the United States holds in the irrigation and drainage system of the Carlsbad Project and all related ditch rider houses, maintenance shop and buildings, and Pecos River Flume. SEC. 3. CONVEYANCE OF PROJECT. (a) In General.--Except as provided in subsection (b), in consideration of the District accepting the obligations of the Federal Government for the Project, and subject to the completion of payments by the District required under subsection (c)(3), the Secretary shall convey the Project to the District. (b) Retained Title.--The Secretary shall retain title to the surface estate (but not the mineral estate) of such Project lands which are located under the footprint of Brantley and Avalon dams or any other Project dam or reservoir diversion structure. The Secretary shall retain storage and flow easements for any tracts located under the maximum spillway elevations of Avalon and Brantley Reservoirs. (c) Deadline.-- (1) In general.--If no changes in Project operations are expected following the conveyance under subsection (a), the Secretary shall complete the conveyance expeditiously, but not later than 180 days after the date of the enactment of this Act. (2) Deadline if changes in operations intended.--If the District intends to change Project operations as a result of the conveyance under subsection (a), the Secretary-- (A) shall take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (B) shall complete the conveyance by not later than 2 years after the date of the enactment of this Act. (3) Administrative costs of conveyance.--If the Secretary fails to complete the conveyance under this Act before the applicable deadline under paragraph (1) or (2), the full cost of administrative action and environmental compliance for the conveyance shall be borne by the Secretary. If the Secretary completes the conveyance before that deadline, \1/2\ of such cost shall be paid by the District. SEC. 4. RELATIONSHIP TO EXISTING OPERATIONS. (a) In General.--Nothing in this Act shall be construed as significantly expanding or otherwise changing the use and operation of the Project from its current use. The Project shall continue to be managed and used by the District for the purposes for which the Project was authorized, based on historic operations, and consistent with the management of other adjacent project lands. (b) Future Alterations.--If the District alters the operations or uses of the Project, it shall comply with all applicable laws or regulations governing such changes at that time (subject to section 5). SEC. 5. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS. (a) In General.--Except as provided in subsection (b), upon conveyance of the Project under this Act the District shall assume all rights and obligations of the United States under the agreement dated July 28, 1994, between the United States and the Director, New Mexico Department of Game and Fish (Document No. 2-LM-40-00640), relating to management of certain lands near Brantley Reservoir for fish and wildlife purposes and the agreement dated March 9, 1977, between the United States and the New Mexico Department of Energy, Minerals, and Natural Resources (Contract No. 7-07-57-X0888) for the management and operation of Brantley Lake State Park. (b) Limitation.--The District shall not be obligated for any financial support agreed to by the Secretary, or the Secretary's designee, in either agreement and the District shall not be entitled to any receipts or revenues generated as a result of either agreement. SEC. 6. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM THE ACQUIRED LANDS. (a) Notification of Leaseholders.--Within 120 days after the date of enactment of this Act, the Secretary shall provide to the District a written identification of all mineral and grazing leases in effect on Project lands on the date of enactment of this Act and notify all leaseholders of the conveyance authorized by this Act. (b) Management of Leases, Licenses, and Permits.--The District shall assume all rights and obligations of the United States for all mineral and grazing leases, licenses, and permits existing on the Project lands conveyed under section 3, and shall be entitled to any receipts from such leases, licenses, and permits accruing after the date of conveyance. All such receipts shall be used for purposes for which the Project was authorized and for financing the portion of operations, maintenance, and replacement at the Sumner Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to conveyance. The District shall continue to adhere to the current Bureau of Reclamation mineral leasing stipulations for the Project. (c) Availability of Amounts Paid Into the Reclamation Fund.-- (1) Amounts in fund on date of enactment.--Amounts in the reclamation fund on the date of enactment of this Act which exist as construction credits to the Carlsbad Project under the terms of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-359) shall be deposited into the general fund of the Treasury and credited to deficit reduction or retirement of the Federal debt. (2) Receipts after date of enactment.--Of the receipts from mineral and grazing leases, licenses, and permits on Project lands to be conveyed under section 3 that are received by the United States after the date of enactment of this Act and before the date of conveyance, up to $200,000 shall be applied to pay the cost referred to in section 3(c)(3) and the remainder shall be deposited into the general fund of the Treasury of the United States and credited to deficit reduction or retirement of the Federal debt. SEC. 7. WATER CONSERVATION PRACTICES. Nothing in this Act shall be construed to limit the ability of the District to voluntarily implement water conservation practices. SEC. 8. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Project under this Act, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. SEC. 9. FUTURE RECLAMATION BENEFITS. After completion of the conveyance under this Act, the District shall not be eligible for any emergency loan from the Bureau of Reclamation for maintenance or replacement of any facility conveyed under this Act.
Carlsbad Irrigation Project Acquired Land Conveyance Act - Directs the Secretary of the Interior to convey to the Carlsbad Irrigation District specified lands and interests within the Carlsbad Project in New Mexico in consideration of the District accepting the Federal Government obligations for the project, and subject to the completion of payments by the District required under this Act. Directs the Secretary to complete such conveyance expeditiously, if no changes in Project operations are expected following such conveyance, but within 180 days after the enactment of this Act. Requires the Secretary, if the District intends to change Project operations as a result of the conveyance, to: (1) take into account those potential changes for the purpose of completing any required environmental evaluation associated with the conveyance; and (2) complete the conveyance within two years after enactment. Provides for: (1) the full cost of administrative action and environmental compliance for the conveyance to be borne by the Secretary if he or she fails to complete the conveyance before the applicable deadline; and (2) one-half of such cost to be paid by the District if the Secretary completes the conveyance before that deadline. Directs the Secretary to: (1) provide a written identification of all mineral and grazing leases in effect on such lands; and (2) notify all such leaseholders of the conveyance made by this Act. Requires receipts from leases, licenses, and permits accruing after the conveyance date to be used for Project purposes and for financing the portion of operations, maintenance, and replacement at the Summer Dam that, prior to conveyance, was the responsibility of the Bureau of Reclamation, with the exception of major maintenance programs in progress prior to the conveyance. Requires amounts paid into the reclamation fund as construction credits to the Project to be credited to deficit reduction or retirement of the Federal debt. Makes the District ineligible for any emergency loan from the Bureau for maintenance or replacement of any facility conveyed after the completion of such conveyance.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Preserving Social Security Act of 2001.'' SEC. 2. INTEREST BORNE BY, AND INCREASES IN PAR VALUE OF, SPECIAL OBLIGATIONS ISSUED TO THE SOCIAL SECURITY TRUST FUNDS. Section 201(d) of the Social Security Act (42 U.S.C. 401(d)) is amended-- (1) by inserting ``(1)'' after ``(d)''; (2) by striking the fifth sentence and inserting the following new sentences: ``Such obligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear interest at an effective annual rate equal to 6 percent, which shall be paid to the Trust Funds semiannually. On June 30 and December 31 of each calendar year, and (with respect to each obligation) on its date of maturity (or date of redemption, if prior to maturity), the Managing Trustee shall adjust (subject to paragraph (2)) the par value of each obligation then held by either of the Trust Funds and issued for purchase by such Trust Fund so as to equal the product derived by multiplying the current par value as of immediately before the applicable date by the CPI adjustment factor (defined in paragraph (3)(A)) for the obligation in connection with the month in which the applicable date occurs (rounded, if not a multiple of $0.01, to the nearest multiple of $0.01).''; and (3) by adding at the end the following new paragraphs: ``(2)(A) In any case in which the number of days in the actual adjustment period (defined in subparagraph (B)(i)) for an obligation differs from the number of days in the computation period (defined in subparagraph (B)(ii)) for the obligation, the amount by which the par value of an obligation is adjusted pursuant to paragraph (1) shall be an amount which bears the same ratio to the amount that would otherwise apply under paragraph (1) as the number of days in the actual adjustment period bears to the number of days in the computation period. ``(B) For purposes of subparagraph (A)-- ``(i) The term `actual adjustment period' for an obligation means the period beginning with-- ``(I) the date following the date of the last previous adjustment in the par value of the obligation under paragraph (1), or ``(II) if no such adjustment in the par value of the obligation has occurred, the date of the issuance of the obligation, and ending with the date of the increase in par value to be determined under paragraph (1). ``(ii) The term `computation period' for an obligation means the period beginning with the date following the adjustment reference month (defined in paragraph (3)(C)) for the obligation and ending with the last date of the adjustment computation month (defined in paragraph (3)(B)) for the obligation. ``(3) For purposes of this subsection-- ``(A) The term `CPI adjustment factor', for an obligation in connection with any calendar month, means the ratio (expressed as a percentage) of-- ``(i) the Consumer Price Index for the adjustment computation month for the obligation in connection with such calendar month to ``(ii) the Consumer Price Index for the adjustment reference month for the obligation in connection with such calendar month. ``(B) The term `adjustment computation month' for an obligation means, in connection with a month in which occurs the date of an adjustment in par value of the obligation to be determined under paragraph (1), the first of the 2 preceding calendar months. ``(C) The term `adjustment reference month' for an obligation means, in connection with a month in which occurs the date of an adjustment in par value of the obligation to be determined under paragraph (1)-- ``(i) the last adjustment computation month with respect to which an adjustment in par value of the obligation under paragraph (1) has occurred, or ``(ii) if no such adjustment in the par value of the obligation has occurred, the first of the 2 months preceding the month in which such obligation was issued. ``(D) The term `Consumer Price Index' means the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI- W), issued by the Bureau of Labor Statistics of the Department of Labor.''. SEC. 3. EFFECTIVE DATE AND TRANSITIONAL RULE. (a) Effective Date.--The amendments made by this Act shall apply with respect to special obligations issued on or after January 1, 2002. (b) Transitional Rule.--On January 1, 2002, the Secretary of the Treasury shall redeem all obligations which are held on such date by the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund and which were issued for purchase by the Trust Funds pursuant to section 201(d) of the Social Security Act. Upon the redemption of each such obligation, such Secretary shall immediately issue an obligation of the type authorized to be issued for purchase by the Trust Funds under such section 201(d) (as amended by this Act) with an initial par value equal to the par value of the redeemed obligation and with a date of maturity which is the same as the date of maturity of the redeemed obligation.
Preserving Social Security Act of 2001 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with regard to the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to revise requirements for the issuance of obligations for purchase by the Funds. Establishes an effective annual rate of interest at six percent for such obligations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Empowerment and Advocacy Act of 2009''. SEC. 2. EXTENSION OF DISCRETIONARY SPENDING LIMITS. (a) Adjustments to Discretionary Spending Limits.--In the matter that precedes subparagraph (A) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985, strike ``through 2002''. (b) Discretionary Spending Limit.--Section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows: (1) Strike paragraphs (1) through (16) and insert the following new paragraphs: ``(1) with respect to fiscal year 2010, for the discretionary category: $925,119,000,000 in total new budget authority; ``(2) with respect to fiscal year 2011, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (1) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2009; ``(3) with respect to fiscal year 2012, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority provided under paragraph (2) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2010; ``(4) with respect to fiscal year 2013, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (3) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2011; and ``(5) with respect to fiscal year 2014, for the discretionary category: an amount of new budget authority equal to the amount of total new budget authority specified in paragraph (4) adjusted to reflect the change in Consumer Price Index over the previous 12 months prior to October 1, 2012;''. (c) Adjustments to Discretionary Spending Limits.-- (1) Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking subparagraphs (C) through (H) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Accrual accounting.--If a bill or joint resolution is enacted that charges Federal agencies for the full cost of accrued Federal retirement and health benefits and a bill or joint resolution making appropriations is enacted that provides new budget authority to carry out the legislation charging Federal agencies for such accrued costs, the adjustment shall be equal to the reduction in mandatory budget authority and the outlays flowing therefrom estimated to result from the legislation charging Federal agencies for such accrued costs.''. (2) Section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking the last sentence. (d) Definition of Consumer Price Index.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 is amended by adding at the end the following new paragraph: ``(11) The term `Consumer Price Index' refers to the Consumer Price Index for All Urban Consumers (all items; United States city average), published by the Bureau of Labor Statistics.''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 252. ENFORCING PAY-AS-YOU-GO. ``(a) Purpose.--The purpose of this section is to assure that any legislation enacted before October 1, 2015, affecting direct spending that increases the deficit will trigger an offsetting sequestration. ``(b) Sequestration.-- ``(1) Timing.--Not later than 15 calendar days after the date Congress adjourns to end a session and on the same day as a sequestration (if any) under section 251, there shall be a sequestration to offset the amount of any net deficit increase caused by all direct spending legislation enacted before October 1, 2015, as calculated under paragraph (2). ``(2) Calculation of deficit increase.--OMB shall calculate the amount of deficit increase or decrease by adding-- ``(A) all OMB estimates for the budget year of direct spending legislation transmitted under subsection (d); ``(B) the estimated amount of savings in direct spending programs applicable to budget year resulting from the prior year's sequestration under this section or, if any, as published in OMB's final sequestration report for that prior year; ``(C) any net deficit increase or decrease in the current year resulting from all OMB estimates for the current year of direct spending legislation transmitted under subsection (d) of this section that were not reflected in the final OMB sequestration report for the current year; and ``(D) for fiscal year 2010, before making the calculations required in subparagraphs (A) through (C), OMB shall assume an automatic deficit increase of $58,160,000,000. ``(c) Eliminating a Deficit Increase.--(1) The amount required to be sequestered in a fiscal year under subsection (b) shall be obtained from non-exempt direct spending accounts from actions taken in the following order: ``(A) First.--All reductions in automatic spending increases specified in section 256(a) shall be made. ``(B) Second.--If additional reductions in direct spending accounts are required to be made, the maximum reductions permissible under sections 256(b) (guaranteed and direct student loans) and 256(c) (foster care and adoption assistance) shall be made. ``(C) Third.--(i) If additional reductions in direct spending accounts are required to be made, each remaining non- exempt direct spending account shall be reduced by the uniform percentage necessary to make the reductions in direct spending required by paragraph (1). ``(ii) For purposes of determining reductions under clause (i), outlay reductions (as a result of sequestration of Commodity Credit Corporation commodity price support contracts in the fiscal year of a sequestration) that would occur in the following fiscal year shall be credited as outlay reductions in the fiscal year of the sequestration. ``(2) For purposes of this subsection, accounts shall be assumed to be at the level in the baseline for fiscal year 2011 and for fiscal years 2012 through 2015 at the baseline after adjusting for any sequester in fiscal year 2010. ``(d) Estimates.-- ``(1) CBO estimates.--As soon as practicable after Congress completes action on any direct spending, CBO shall provide an estimate to OMB of that legislation. ``(2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any direct spending, OMB shall transmit a report to the House of Representatives and to the Senate containing-- ``(A) the CBO estimate of that legislation; ``(B) an OMB estimate of that legislation using current economic and technical assumptions; and ``(C) an explanation of any difference between the 2 estimates. ``(3) Significant differences.--If during the preparation of the report under paragraph (2) OMB determines that there is a significant difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. ``(4) Scope of estimates.--The estimates under this section shall include the amount of change in outlays for the current year (if applicable), the budget year, and each outyear excluding any amounts resulting from-- ``(A) full funding of, and continuation of, the deposit insurance guarantee commitment in effect under current estimates; and ``(B) emergency provisions as designated under subsection (e). ``(5) Scorekeeping guidelines.--OMB and CBO, after consultation with each other and the Committees on the Budget of the House of Representatives and the Senate, shall-- ``(A) determine common scorekeeping guidelines; and ``(B) in conformance with such guidelines, prepare estimates under this section. ``(e) Emergency Legislation.--If a provision of direct spending legislation is enacted that the President designates as an emergency requirement and that the Congress so designates in statute, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be designated as an emergency requirement in the reports required under subsection (d) of this section.''. SEC. 4. CONFORMING AMENDMENTS. (a) Expiration.--(1) Section 254(c)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. (2) Section 254(f)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. (b) Expiration.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking ``2002'' and inserting ``2015''. SEC. 5. EMERGENCY SPENDING LEGISLATION AND THE BASELINE. (a) In General.--Section 257(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting ``, except for emergency appropriations covered by section 251(b)(2)(A) and emergency legislation covered by section 252(e)'' before the period. (b) Direct Spending and Receipts.--Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: ``(E) Emergency legislation covered by section 252(e) shall not be extended in the baseline.''. (c) Discretionary Appropriations.--Section 257(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(7) Emergency appropriations covered by section 251(b)(2)(A) shall not be extended in the baseline.''. SEC. 6. OMB EMERGENCY CRITERIA. (a) Definition of Emergency.--Section 3 of the Congressional Budget and Impoundment Control Act of 1974 (as amended by section 2(d)) is further amended by adding at the end the following new paragraph: ``(12)(A) The term `emergency' means a situation that-- ``(i) requires new budget authority and outlays (or new budget authority and the outlays flowing therefrom) for the prevention or mitigation of, or response to, loss of life or property, or a threat to national security; and ``(ii) is unanticipated. ``(B) As used in subparagraph (A), the term `unanticipated' means that the underlying situation is-- ``(i) sudden, which means quickly coming into being or not building up over time; ``(ii) urgent, which means a pressing and compelling need requiring immediate action; ``(iii) unforeseen, which means not predicted or anticipated as an emerging need; and ``(iv) temporary, which means not of a permanent duration.''. (b) Conforming Amendment.--Section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: ``(20) The term `emergency' has the meaning given to such term in section 3 of the Congressional Budget and Impoundment Control Act of 1974.''. SEC. 7. RULE RESPECTING DESIGNATION OF LEGISLATIVE PROVISION AS AN EMERGENCY. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``rule respecting designation of legislative provision as an emergency ``Sec. 316. (a) Guidance.--In making a designation of a provision of legislation as an emergency requirement under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985, the committee report and any statement of managers accompanying that legislation shall analyze whether a proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(b) In General.--It shall not be in order in the Senate or the House of Representatives to consider any bill, joint resolution, or conference report that contains an emergency designation under section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985 unless the proposed emergency requirement meets the definition of an `emergency' set out in section 3 of the Congressional Budget and Impoundment Control Act of 1974. ``(c) Waiver and Appeal in the Senate.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three- fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section. ``(d) Enforcement in the House of Representatives.--It shall not be in order in the House of Representatives to consider a rule or order that waives the application of subsection (b). ``(e) Disposition of Points of Order in the House.--As disposition of a point of order under subsection (b) or subsection (d), the Chair shall put the question of consideration with respect to the proposition that is the subject of the point of order. A question of consideration under this section shall be debatable for 10 minutes by the Member initiating the point of order and for 10 minutes by an opponent of the point of order, but shall otherwise be decided without intervening motion except one that the House adjourn or that the Committee of the Whole rise, as the case may be. ``(f) Effect on Amendment in Order as Original Text in the House.-- The disposition of the question of consideration under this section with respect to a bill or joint resolution shall be considered also to determine the question of consideration under this subsection with respect to an amendment made in order as original text.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Rule respecting designation of legislative provision as an emergency.''.
Taxpayer Empowerment and Advocacy Act of 2009 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend through FY2014 the spending limits (spending caps) for the discretionary categories in new budget authority and outlays. Revises requirements for adjustments to discretionary spending limits in sequestration reports by the Office of Management and Budget (OMB). Repeals such requirements relating to: (1) continuing disability reviews by the Social Security Administration (SSA); (2) allowances for the International Monetary Fund (IMF) and for specified international arrearages; (3) an Earned Income Tax Credit (EITC) compliance initiative; (4) adoption incentive payments for the Department of Health and Human Services; and (5) conservation spending. Requires that, if legislation is enacted that charges federal agencies for the full cost of accrued federal retirement and health benefits, and a measure is enacted making appropriations that provides new budget authority to carry out such legislation, the adjustment shall be equal to the reduction in mandatory budget authority and outlays estimated resulting from such legislation. Extends Pay-As-You-Go (PAYGO) requirements and enforcement mechanisms through FY2014. Revises formulae for the calculation of a deficit increase or decrease and for elimination of a deficit increase. Requires the Office of Management and Budget (OMB) to assume an automatic deficit increase of $58.160 billion for FY2010 before making a calculation of deficit increase or decrease. Modifies the formula for eliminating a deficit increase. Repeals the limitation on reductions of certain Medicare programs and the increase (if necessary) to the uniform percentage applicable to all other direct spending programs to a level sufficient to achieve the required reduction in direct spending. Assumes non-exempt direct spending accounts to be at the level in the baseline for FY2011, and for FY2012-FY2015 at the baseline after adjusting for any sequester in FY2010. Repeals the exclusion from Congressional Budget Office (CBO) estimates and OMB reports to Congress on emergency legislation of direct spending legislation to cover agricultural crop disaster assistance. (Thus requires the amount of new budget authority, outlays, and receipts of all fiscal years resulting from direct spending legislation to cover such crop disaster assistance.) Modifies the baseline to exclude certain emergency appropriations and emergency spending legislation. Amends the Congressional Budget Act of 1974 to make it out of order to consider in the Senate or House any legislation that contains an emergency designation under the Gramm-Rudman-Hollings Act unless it meets a specified new definition of "emergency" set out in the Congressional Budget and Impoundment Control Act of 1974. Makes it out of order to consider in the House a rule or order that waives such application.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeland Security and Law Enforcement Improvements Act of 2008''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``Department'' means the Department of Homeland Security; and (2) the term ``Secretary'' means the Secretary of Homeland Security. SEC. 3. OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT. Section 2006 of the Homeland Security Act of 2002 (6 U.S.C. 607) is amended by striking subsection (b) and inserting the following: ``(b) Office for State and Local Law Enforcement.-- ``(1) Establishment.--There is established in the Office of the Secretary an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement. ``(2) Qualifications.--The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other antiterrorist functions. ``(3) Assignment of personnel.--The Secretary may assign to the Office for State and Local Law Enforcement permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection. ``(4) Responsibilities.--The Assistant Secretary for State and Local Law Enforcement shall-- ``(A) lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States; ``(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department; ``(C) work with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed; ``(D) work with the Administrator to ensure that homeland security grants to State, local, and tribal government agencies, including grants under sections 2003 and 2004 and subsection (a) of this section, the Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs, are adequately focused on terrorism prevention activities; ``(E) coordinate, in cooperation with the Federal Emergency Management Agency and the Office of Intelligence and Analysis, information sharing and fusion center training, technical assistance, and other information sharing activities to ensure needs of State, local, and tribal law enforcement agencies and fusion centers are being met, including the development of a Law Enforcement Information Sharing Resource Center under paragraph (6); ``(F) carry out, in coordination with the Administrator, the National Law Enforcement Deployment Team Program established under paragraph (5); and ``(G) coordinate with the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers. ``(5) National law enforcement deployment team program.-- ``(A) Establishment.--The Assistant Secretary for State and Local Law Enforcement shall establish a National Law Enforcement Deployment Team Program to develop and implement a series of Law Enforcement Deployment Teams comprised of State and local law enforcement personnel capable of providing immediate support in response to the threat or occurrence of a natural or man-made incident. ``(B) Activities.--In carrying out the National Law Enforcement Deployment Team Program, the Assistant Secretary for State and Local Law Enforcement shall-- ``(i) consult with State and local law enforcement and public safety agencies and other relevant stakeholders as to the capabilities required by a Law Enforcement Deployment Team; ``(ii) develop and implement a model Law Enforcement Deployment Team located in a region of the Federal Emergency Management Agency selected by the Assistant Secretary; ``(iii) exercise and train the Law Enforcement Deployment Teams; ``(iv) create model policies and procedures, templates, and general policies and procedures and document best practices that can be applied to the development of Law Enforcement Deployment Teams in each region of the Federal Emergency Management Agency; ``(v) develop an implementation strategy to support the development, overall management, equipment, infrastructure, and training needs of a National Law Enforcement Deployment Team Program, including the development of a technical assistance and training program; and ``(vi) not later than 6 months after the date of enactment of the Homeland Security and Law Enforcement Improvements Act of 2008, and before implementation of the National Law Enforcement Deployment Team Program in any region of the Federal Emergency Management Agency other than the region selected under clause (ii), submit to the Committee on Homeland Security and Government Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives a report on the National Law Enforcement Deployment Team Program, which shall include the implementation strategy described in clause (v). ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $5,000,000 for each of fiscal years 2009 and 2010; and ``(ii) such sums as are necessary for each of fiscal years 2011 through 2015. ``(6) Law enforcement information sharing resource center.-- ``(A) Establishment.--There is established within the Office for State and Local Law Enforcement, the Law Enforcement Information Sharing Resource Center to provide technical assistance relating to information sharing and intelligence with and between State, local, and tribal law enforcement agencies and Federal agencies. ``(B) Activities.--In carrying out the Law Enforcement Information Sharing Resource Center, the Assistant Secretary for State and Local Law Enforcement shall-- ``(i) develop a single repository within the Department to house all relevant guidance, templates, examples, best practices, data sets, analysis tools, and other fusion center and information sharing related items; ``(ii) consult with State and local law enforcement agencies in the development of the Law Enforcement Information Sharing Resource Center; ``(iii) consolidate access to Department resources within the Law Enforcement Information Sharing Resource Center; ``(iv) provide technical assistance to law enforcement and public safety agencies; and ``(v) coordinate, in coordination with the Federal Emergency Management Agency and the Office of Intelligence and Analysis, intelligence, information sharing, and fusion center related training, technical assistance, exercise, and other services provided to State and local law enforcement and other agencies developing or operating fusion centers and intelligence units. ``(C) Authorization of appropriations.--There are authorized to be appropriated to carry out this paragraph-- ``(i) $3,000,000 for fiscal year 2009; ``(ii) $3,500,000 for fiscal year 2010; and ``(iii) such sums as are necessary for each of fiscal years 2011 through 2015. ``(7) Foreign liaison officers against terrorism programs.-- ``(A) Establishment.--There is established within the Office of State and Local Law Enforcement, the Foreign Liaison Officers Against Terrorism Program. ``(B) Duties.--In carrying out the Foreign Liaison Officers Against Terrorism Program the Assistant Secretary for State and Local Law Enforcement shall-- ``(i) identify foreign cities the government of which desires a State, local, or tribal law enforcement agency to assign an officer to the foreign city, to share information with law enforcement agencies of State, local, and tribal governments; and ``(ii) assign each foreign city identified under clause (i) to a law enforcement agency participating in the Foreign Liaison Officers Against Terrorism Program, to-- ``(I) obtain information relevant to law enforcement agencies of State, local, and tribal governments from each such city for information sharing purposes; and ``(II) share information obtained under subclause (I) with other law enforcement agencies participating in the Foreign Liaison Officers Against Terrorism Program. ``(C) Use of grant funds.--A grant awarded under section 2003 may be used for the costs of participation in the Foreign Liaison Officers Against Terrorism Program established under subparagraph (A).''. SEC. 4. LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM. (a) In General.--Section 2006(a) of the Homeland Security Act of 2002 (6 U.S.C. 607(a)) is amended-- (1) by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Grants.--The Assistant Secretary for State and Local Law Enforcement may make grants to States and local governments for law enforcement terrorism prevention activities. ``(B) Program.--The Secretary shall maintain the grant program under this subsection as a separate program of the Department.''; and (2) by adding at the end the following: ``(4) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $500,000,000 for each of fiscal years 2009 through 2015, of which not less than 10 percent may be used by the Assistant Secretary for discretionary grants for national best practices and programs of proven effectiveness, including for-- ``(A) national, regional and multi-jurisdictional projects; ``(B) development of model programs for replication; ``(C) guidelines and standards for preventing terrorism; ``(D) national demonstration projects that employ innovative or promising approaches; and ``(E) evaluation of programs to ensure the effectiveness of the programs.''. (b) Reporting.--The Assistant Secretary for State and Local Law Enforcement of the Department shall submit to Congress and make publicly available an annual report detailing the goals and recommendations for the Nation's terrorism prevention strategy. SEC. 5. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM. (a) In General.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``SEC. 2041. COMMERCIAL EQUIPMENT DIRECT ASSISTANCE PROGRAM. ``(a) Establishment.--There is established within the Office of State and Local Law Enforcement, the Commercial Equipment Direct Assistance Program (in this section referred to as the `program') to make counterterrorism technology, equipment, and information available to local law enforcement agencies. ``(b) Activities.--In carrying out the program, the Assistant Secretary for State and Local Law Enforcement shall-- ``(1) publish a comprehensive list of available technologies, equipment, and information available under the program; ``(2) consult with local law enforcement agencies and other appropriate individuals and entities, as determined by the Assistant Secretary for State and Local Law Enforcement; ``(3) accept applications from the heads of State and local law enforcement agencies that wish to acquire technologies, equipment, or information under the program to improve the homeland security capabilities of those agencies; and ``(4) transfer the approved technology, equipment, or information and provide the appropriate training to the State or local law enforcement agency to implement such technology, equipment, or information. ``(c) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $75,000,000 for each of fiscal years 2009 and 2010; and ``(2) such sums as are necessary for each of fiscal years 2011 through 2015.''.
Homeland Security and Law Enforcement Improvements Act of 2008 - Amends the Homeland Security Act of 2002 to reassign to the Office of the Secretary of Homeland Security the Office for State and Local Law Enforcement (Office). Establishes within the Office: (1) the Law Enforcement Information Sharing Resource Center to provide technical assistance relating to information sharing and intelligence; (2) the Foreign Liaison Officers Against Terrorism Program; and (3) the Commercial Equipment Direct Assistance Program to make counterterrorism technology, equipment, and information available to local law enforcement agencies. Directs the Assistant Secretary of Homeland Security for State and Local Law Enforcement to establish a National Law Enforcement Deployment Team Program to respond to the threat or occurrence of a natural or man-made incident. Authorizes the Assistant Secretary to make grants to states and local governments for law enforcement terrorism prevention activities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial District of the Virgin Islands Act of 1998''. SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIRGIN ISLANDS AS AN ARTICLE III COURT. (a) Establishment.-- (1) In general.--Chapter 5 of title 28, United States Code, is amended by inserting after section 126 the following new section: ``Sec. 126A. Virgin Islands ``The Virgin Islands constitutes one judicial district comprising two divisions. ``(1) The Saint Croix Division comprises the Island of Saint Croix and adjacent islands and cays. ``Court for the Saint Croix Division shall be held at Christiansted. ``(2) The Saint Thomas and Saint John Division comprises the Islands of Saint Thomas and Saint John and adjacent islands and cays. ``Court for the Saint Thomas and Saint John Division shall be held at Charlotte-Amalie.''. (2) Conforming amendment.--The table of contents for chapter 5 of title 28, United States Code, is amended by inserting after the item relating to section 126 the following: ``126A. Virgin Islands.''. (3) Number of judges.--The table contained in section 133(a) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following: ``Virgin Islands............................................... 2''. (b) Revised Organic Act of the Virgin Islands.-- (1) Repeals.--Sections 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and 1617) are repealed. (2) Bill of rights.--Section 3 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1561) is amended in the 23d undesignated paragraph-- (A) by inserting ``article III;'' after ``section 9, clauses 2 and 3;''; and (B) by striking ``: Provided, however'' and all that follows through the end of the paragraph and inserting the following: ``; except that all offenses under the laws of the Virgin Islands which are prosecuted in the courts established by local law shall continue to be prosecuted by information, except those that are required by local law to be prosecuted by indictment by grand jury.''. (3) Jurisdiction of local courts.--Section 21 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1611) is amended to read as follows: ``SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN ISLANDS. ``(a) Jurisdiction of the Courts of the Virgin Islands.--The judicial power of the Virgin Islands shall be vested in such trial or appellate courts as may have been or may hereafter be established by local law. The local courts of the Virgin Islands shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. ``(b) Practice and Procedure.--The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.''. (4) Jurisdiction over criminal matters and income tax.-- Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows: ``SEC 22. JURISDICTION OVER CRIMINAL MATTERS AND INCOME TAX. ``(a) Jurisdiction Over Criminal Matters.--Nothing in this title shall be contrued to remove or impair the jurisdiction of the courts of the Virgin Islands under the laws thereof. ``(b) Jurisdiction Over Income Tax Matters.--The United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of subtitle F of the Internal Revenue Code of 1986 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States attorney for the Virgin Islands.''. (5) Relations between united states courts and local courts.--Section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows: ``SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED STATES AND LOCAL COURTS. ``(a) In General.--The relations between the courts established by the Constitution or laws of the United States (including the United States District Court for the District of the Virgin Islands) and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings, except that for the first 15 years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. ``(b) Reports to Congress.--The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives at intervals of 5 years following the establishment of the such appellate court authorized by section 21(a) of this Act as to whether that court has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all final decisions of the highest court of the Virgin Islands. ``(c) Rules.--The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.''. (6) Appellate jurisdiction of district court.--Section 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a) is amended by striking ``District Court of the Virgin Islands'' each place it appears and inserting ``United States District Court for the District of the Virgin Islands''. (7) Assignment of additional judges to the court.--Section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows: ``SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE COURT. ``Whenever it appears to be necessary for the proper dispatch of the business of the United States District Court for the District of the Virgin Islands-- ``(1) the chief judge of the Third Judicial Circuit of the United States may assign-- ``(A) a judge of a court of record of the Virgin Islands established by local law, ``(B) a circuit or district judge of the Third Judicial Circuit, or ``(C) a recalled senior judge of the District Court of the Virgin Islands, or ``(2) the Chief Justice of the United States may assign any other United States circuit or district judge, with the consent of that judge and the chief judge of the circuit from which the judge is assigned, to serve temporarily as a judge of the United States District Court for the District of the Virgin Islands. After the establishment of the appellate court authorized by section 21(a) of this Act, no judge described in paragraph (1)(A) may be assigned to the district court under this section.''. (c) Pleadings and Proceedings in English.--All pleadings and proceedings in the United States District Court for the District of the Virgin Islands shall be conducted in the English language. (d) Savings Provisions.-- (1) Pending cases.--With respect to any complaint or proceeding pending in the District Court of the Virgin Islands on the day before the effective date of this Act, such complaint or proceeding may, on and after such effective date, be pursued to final determination in the United States District Court for the District of the Virgin Islands, the United States Court of Appeals for the Third Circuit, and the United States Supreme Court. (2) Existing officers of the court.--Any individual who, on the effective date of this Act, is serving as the United States Attorney for the Virgin Islands, or the United States marshal for the Virgin Islands, may continue in such office until a successor is appointed pursuant to the provisions of title 28, United States Code. SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. (a) Retirement and Survivors' Annuities.-- (1) Retirement.--Section 373 of title 28, United States Code, is amended in subsections (a) and (e) by striking ``, the District court of the Northern Mariana Islands, or the District Court of the Virgin Islands'' and inserting ``or the District Court of the Northern Mariana Islands''. (2) Survivors' annuities.--Section 376(a) of title 28, United States Code, is amended in paragraphs (1)(B) and (2)(B) by inserting ``(as in effect before the effective date of the Judicial District of the Virgin Islands Act of 1998)'' after ``the District Court of the Virgin Islands''. (3) Calculation of service as a judge.--In the case of a judge of a district court retiring under section 371 of title 28, United States Code, service by the judge as a judge of the District Court of the Virgin Islands before the effective date of this Act shall be included in calculating service under section 371(c) of such title. (4) Rights of existing retirees not affected.--Nothing in this Act shall be construed to affect the rights of any judge who has retired as a judge of the District Court of the Virgin Islands before the effective date of this Act. (b) Courts Defined.--Section 610 of title 28, United States Code, is amended by striking ``the District Court of the Virgin Islands''. (c) Magistrate Judges.--Section 631(a) of title 28, United States Code, is amended by striking ``and the district court of the Virgin Islands''. (d) Investigations by Attorney General.--Section 526(a)(2) of title 28, United States Code, is amended by striking ``and of the district court of the Virgin Islands''. (e) Courts of Appeals.--Section 1291 of title 28, United States Code, is amended by striking ``, the United States District Court for the District of the Canal Zone.'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam.''. (f) Court of Appeals for the Federal Circuit.--Section 1295(a) of title 28, United States Code, is amended in paragraphs (1) and (2) by striking ``the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands.'' and inserting ``the District Court of Guam.''. (g) Federal Tort Claims.--Section 1346(b) of title 28, United States Code, is amended by striking ``, together with'' and all that follows through ``Virgin Islands,''. (h) Court Reporters.--Section 753(a) of title 28, United States Code, is amended in the first paragraph by striking ``, the United States District Court for the District of the Canal Zone'' and all that follows through ``Virgin Islands'' and inserting ``and the District Court of Guam''. (i) Representation of Certain Defendants.--Section 3006A(j) of title 18, United States Code, is amended by striking ``the District Court of the Virgin Islands,''. SEC. 4. ADDITIONAL REFERENCES. Any reference in any provision of law to the ``District Court of the Virgin Islands'' shall, after the effective date of this Act, be deemed to be a reference to the United States District Court for the District of the Virgin Islands. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act.
Judicial District of the Virgin Islands Act of 1998 - Amends the Federal judicial code to establish a Federal judicial district in the Virgin Islands, composed of two divisions, one for Saint Croix and the other for Saint Thomas and Saint John. Provides two judges for such district. Repeals provisions of the Revised Organic Act of the Virgin Islands regarding judicial divisions, trial by jury, and the U.S. attorney for the Virgin Islands. Vests judicial power of the Virgin Islands in trial or appellate courts established by local law. (Currently, such power is also vested in the District Court of the Virgin Islands.) Requires the local courts of the Virgin Islands to have jurisdiction over all causes of action in the Islands over which any court established by the Constitution and U.S. laws does not have exclusive jurisdiction. (Currently, the Virgin Islands legislature may vest such jurisdiction in such courts.) Replaces references to the District Court of the Virgin Islands in provisions regarding jurisdiction over income tax matters and appellate jurisdiction with references to the U.S. District Court for the District of the Virgin Islands. Removes provisions regarding judges of the District Court of the Virgin Islands. Authorizes the temporary assignment of additional judges to the U.S. District Court for the Virgin Islands. Requires all pleadings and proceedings in the U.S. District Court for the Virgin Islands to be conducted in English. Permits pending complaints or proceedings to be pursued to final determination in such court, the U.S. Court of Appeals for the Third Circuit, and the Supreme Court. Deems references to the District Court of the Virgin Islands in any law to be references to the United States District Court for the Virgin Islands.
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SECTION 1. SHORT TITLE AND DEFINITION. (a) Short Title.--This Act may be cited as the ``National Park Revitalization Act''. (b) Definition.--As used in this Act, the term ``National Park Service Concessions Policy Act'' means the Act entitled ``An Act relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes'' (16 U.S.C. 20-20g). SEC. 2. CONTRACTS. (a) Maximum Period; Requirements.--Section 3(a) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(a)) is amended-- (1) by inserting ``(1)'' after ``(a)''; (2) in paragraph (1) (as designated by paragraph (1) of this subsection), by inserting after the first sentence the following: ``Except as provided in paragraph (3), the period of a contract entered into under this Act may not exceed 10 years.''; and (3) by adding at the end the following new paragraphs: ``(2) Contracts entered into under this Act after the date of enactment of this paragraph shall-- ``(A) be consistent with the laws relating to the National Park System and the unit concerned; ``(B) be implemented in accordance with the purposes of the National Park System and the general management plan for the unit of the National Park System concerned; ``(C) to the maximum extent practicable, contain similar terms and conditions in order to facilitate administration; ``(D) to the extent applicable, provide for acquisition of the possessory interest of a concessioner in a manner consistent with the objective of section 6(c); and ``(E) shall be transferable or assignable only upon the consent of the Secretary after reconsideration and possible redetermination of the contract terms, including the franchise fee. ``(3) The period of a contract may be for a period greater than 10 years if the Secretary finds that a longer period is necessary for the acquisition of possessory interest under section 6(c); except that in no event may the period be greater than 15 years. ``(4) In entering contracts under this Act, consideration of revenue to the United States shall be subordinate to the objectives of protecting and preserving areas administered by the National Park Service and of providing adequate and appropriate services for visitors at reasonable rates.''. (b) Repeal of Obligation of United States to Compensate for Loss of Investment.--Paragraph (1) of section 3(a) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(a)) (as amended by subsection (a)) is further amended by striking the last sentence and inserting the following: ``Effective with respect to contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this sentence, the United States shall not be obligated to compensate the concessioner for such structures, fixtures, or improvements.''. (c) Franchise Fees.--Section 3(d) of the National Park Service Concessions Policy Act (16 U.S.C. 20b(d)) is amended to read as follows: ``(d) Franchise fees, however stated, shall be based on annual gross receipts from the concession and shall not be less than 22.5 percent of the annual gross receipts from that concession. Provision shall be made for reconsideration and possible readjustment of franchise fees at least every 5 years unless the contract period is for a lesser period of time.''. (d) Utility Costs.--(1) Section 3 of the National Park Service Concessions Policy Act (16 U.S.C. 20b) is amended by adding at the end the following: ``(e) The concessioner shall be responsible for all utility costs incurred by the concessioner in the operation of the concession under contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this subsection.''. (2) Paragraph 4 of the first section of the Act entitled ``An Act to facilitate the management of the National Park System and miscellaneous areas administered in connection with that System, and for other purposes'' (16 U.S.C. 1b(4)) is amended by striking ``concessioners,''. SEC. 3. REPEAL OF PREFERENTIAL RIGHTS AND POSSESSORY INTEREST. (a) Additional Contracts.--Section 4 of the National Park Service Concessions Policy Act (16 U.S.C. 20c) is amended by striking ``and may grant to such concessioner a preferential right to provide such new or additional accommodations, facilities, or services''. (b) Renewal of Contracts.--(1) The first sentence of section 5 of the National Park Service Concessions Policy Act is amended by striking ``giving preference in the renewal of contracts or permits and in the negotiation of new contracts or permits to the''. (2) Section 5 of the National Park Service Concessions Policy Act is amended by adding at the end the following: ``The Secretary may not give a preference in the renewal of contracts or permits under this Act.''. (c) Possessory Interests.--Section 6 of the National Park Service Concessions Policy Act is amended-- (1) by inserting ``(a)'' after ``Sec. 6''; (2) by inserting at the end of subsection (a) (as designated by paragraph (1)) the following: ``This subsection shall not apply to contracts entered into, renewed, transferred, assigned, or renegotiated after the date of enactment of this sentence.''; and (3) by adding at the end the following: ``(b) Effective with respect to contracts entered into, renewed, transferred, assigned, or renegotiated under this Act after the date of enactment of this subsection, all right, title, and interest to any structure, fixture, or improvement acquired or constructed on land owned by the United States within an area administered by the National Park Service shall vest in the United States. ``(c) The Secretary shall acquire any possessory interest established before the date of enactment of this subsection relating to any contract subject to subsection (a) with funds made available by section 10(2). Possessory interests relating to a concession shall be acquired before the end of the first contract period beginning after the date of enactment of this subsection that relates to that concession. ``(d) Except as provided in section 11 of the Act entitled `An Act to establish the National Park Foundation', approved December 18, 1967, the Secretary may not approve the direct or indirect transfer of the possessory interest relating to a contract subject to this Act.''. SEC. 4. AVAILABILITY OF AUDIT INFORMATION. The first undesignated paragraph of section 9 of the National Park Service Concessions Policy Act (16 U.S.C. 20g) is amended by adding at the end the following: ``A record of each audit under this section shall be available to the public in a manner that does not reveal trade secrets and commercial or financial information that is privileged or confidential.''. SEC. 5. USE OF FRANCHISE FEES. (a) In General.--The National Park Service Concessions Policy Act is amended by adding at the end the following new section: ``SEC. 10. USE OF FRANCHISE FEES. ``All receipts from franchise fees, however stated, collected pursuant to this Act after September 30, 1991, shall be covered into a special account established in the Treasury of the United States. Amounts covered into the account in a fiscal year shall be available without further appropriation after the end of the fiscal year as follows: ``(1) 2.5 percent of such receipts shall be available for the purposes of section 3 of the National Park System Visitor Facilities Fund Act. ``(2) 77.5 percent of the receipts shall be allocated among the units of the National Park System in the same proportion as franchise fees from a unit bears to the total amount collected from all units under this section and shall be for capital and resource management, interpretation, and conservation needs and acquisition of possessory interest under section 6. ``(3) The remaining 20 percent shall be allocated among the units of the National Park System on the basis of capital and resource management, interpretation, and conservation need as determined by the Director.''. (b) Conforming Amendment.--Section 3 of the National Park System Visitor Facilities Fund Act (16 U.S.C. 19bb) is amended by striking ``all National Park System concession fees, including franchise fees and building user fees,'' and inserting ``2.5 percent of all National Park System concession franchise fees and all National Park System concession building user fees''. (c) National Park Foundation.--The Act entitled ``An Act to establish the National Park Foundation'' (16 U.S.C. 19c-19n) is amended by adding at the end the following: ``Sec. 11. The Foundation is authorized to acquire the possessory interest relating to a concession if that possessory interest, upon acquisition by the Foundation, is transferred to the United States. For the purpose of this section, the term `possessory interest' has the meaning given such term under section 6 of the Act entitled `An Act relating to the establishment of concession policies in the areas administered by National Park Service and for other purposes', approved October 9, 1965.''.
National Park Revitalization Act - Amends the National Park Service Concessions Policy Act (the Act) to limit the period of a concession contract in a National Park System unit to ten years to a maximum of 15 years if the Secretary of the Interior finds that a longer period is necessary for the acquisition of possessory interest. Sets forth certain requirements of such contracts. Repeals provisions of the Act to release the United States from any obligation to compensate concessioners for loss of specified investments. Provides that franchise fees shall be based on annual gross receipts from the concession and shall not be less than a specified percentage of such receipts. Makes the concessioner responsible for all utility costs incurred in the operation of the concession under such contracts. Amends Federal law to prohibit the Secretary from reimbursing concessioners for utility services in the National Park System. Prohibits the Secretary from granting preferential rights to concessioners with respect to additional contracts, and renewal of contracts or permits. Vests in the United States all right, title, and interest to any structure, fixture, or improvement acquired or constructed on federally-owned land within an area administered by the National Park Service. Directs the Secretary to acquire any possessory interest relating to concession contracts established before the enactment of this Act. Prohibits the Secretary from approving the direct or indirect transfer of the possessory interest to a contract subject to this Act, with exceptions. Requires that a record of each audit under the Act be available to the public in a way that prevents revealing trade secrets and commercial or financial information that is privileged or confidential. Specifies allocations, at the end of a fiscal year, of such franchise fees deposited into a special account established in the Treasury, during that year.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Responsible Redeployment from Iraq Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107-243), enacted into law on October 16, 2002, authorized the President to use the Armed Forces as the President determined necessary and appropriate in order to defend the national security of the United States against the continuing threat posed by the Government of Iraq at that time; (2) the Government of Iraq which was in power at the time the Authorization for Use of Military Force Against Iraq Resolution of 2002 was enacted into law has been removed from power and its leader indicted, tried, convicted, and executed by the new freely-elected democratic Government of Iraq; (3) the current Government of Iraq does not pose a threat to the United States or its interests; and (4) after more than four years of valiant efforts by members of the Armed Forces and United States civilians, the Government of Iraq must now be responsible for Iraq's future course. SEC. 3. REQUIREMENT TO REDUCE THE NUMBER OF ARMED FORCES IN IRAQ AND TRANSITION TO A LIMITED PRESENCE OF THE ARMED FORCES IN IRAQ. (a) Requirement.--The Secretary of Defense shall commence the reduction of the number of Armed Forces in Iraq beginning not later than 120 days after the date of the enactment of this Act and shall complete the reduction and transition to a limited presence of the Armed Forces in Iraq by not later than April 1, 2008. (b) Reduction and Transition To Be Carried Out in a Safe and Orderly Manner.--The reduction of the number of Armed Forces in Iraq and transition to a limited presence of the Armed Forces in Iraq required by subsection (a) shall be implemented in a safe and orderly manner, with maximum attention paid to protection of the Armed Forces that are being redeployed from Iraq. (c) Reduction and Transition to Further Comprehensive Strategy.-- The reduction of the number of Armed Forces in Iraq and transition to a limited presence of the Armed Forces in Iraq required by subsection (a) shall further be implemented as part of the comprehensive United States strategy for Iraq required by section 4 of this Act. SEC. 4. COMPREHENSIVE UNITED STATES STRATEGY FOR IRAQ. (a) Strategy Required.--Not later than January 1, 2008, the President shall transmit to the appropriate congressional committees a comprehensive United States strategy for Iraq. (b) Matters To Be Included.--The strategy required by subsection (a) shall include the following: (1) A discussion of United States national security interests in Iraq and the broader Middle East region and the diplomatic, political, economic, and military components of a comprehensive strategy to maintain and advance such interests as the Armed Forces are redeployed from Iraq pursuant to section 3 of this Act. (2) A justification of the minimum force levels required to protect United States national security interests in Iraq after April 1, 2008, including a description of the specific missions of the Armed Forces to be undertaken. The justification shall include-- (A) the projected number of Armed Forces necessary to carry out the missions; (B) the projected annual cost of the missions; and (C) the expected duration of the missions. (3) As part of the justification required by paragraph (2), the President shall, at a minimum, address whether it is necessary for the Armed Forces to carry out the following missions: (A) Protecting United States diplomatic facilities and United States citizens, including members of the Armed Forces who are engaged in carrying out other missions. (B) Serving in roles consistent with customary diplomatic positions. (C) Engaging in actions to disrupt and eliminate al-Qaeda and its affiliated organizations in Iraq. (D) Training and equipping members of the Iraqi Security Forces. (4) Specific plans for diplomatic initiatives to engage United States allies and others in the region to bring stability to Iraq. (c) Update of Strategy.--Not later than July 1, 2008, and every 90 days thereafter, the President shall transmit to the appropriate congressional committees an update of the strategy required by subsection (a), including a description of the number of Armed Forces deployed to Iraq and the missions for which such Armed Forces are so deployed. (d) Form.--The strategy required by subsection (a) and each update of the strategy required by subsection (c) shall be transmitted in unclassified form, but may contain a classified annex, if necessary. (e) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate. SEC. 5. ARMED FORCES DEFINED. In this Act, the term ``Armed Forces'' has the meaning given the term in section 101 of title 10, United States Code. Passed the House of Representatives July 12, 2007. Attest: LORRAINE C. MILLER, Clerk.
Responsible Redeployment from Iraq Act - Expresses the sense of Congress that: (1) the Authorization for Use of Military Force Against Iraq Resolution of 2002 authorized the President to use the Armed Forces as appropriate to defend U.S. national security against the continuing threat posed by the government of Iraq at the time; (2) the government of Iraq which was in power at that time has been removed; (3) the current Iraqi government does not pose a threat to the United States; and (4) after more than four years of efforts by members of the Armed Forces and U.S. civilians, the government of Iraq must now be responsible for Iraq's future course. Directs the Secretary of Defense to commence the reduction of the number of Armed Forces in Iraq beginning no later than 120 days after the enactment of this Act and complete the reduction and transition to a limited presence in Iraq by no later than April 1, 2008 Directs the President, by January 1, 2008, to transmit to the congressional defense, appropriations, and foreign relations committees a comprehensive U.S. strategy for Iraq. Requires the President to update such strategy no later than July 1, 2008, and every 90 days thereafter, including a description of the number of Armed Forces deployed to Iraq and the missions for which they are so deployed.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Neuromyelitis Optica Consortium Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Neuromyelitis optica (NMO) is a devastating neurologic disease leading to blindness and paralysis. (2) There are an estimated 11,000 patients with NMO in the United States. (3) Women are affected 7 to 9 times more than men, and a large proportion of NMO patients are African-American. (4) The average age at diagnosis is 41 years, but the range is broad and includes children as young as 2 years of age and adults as old as 89 years of age. (5) NMO incurs substantial costs for affected patients and their families. (6) The cause of NMO is unknown, but it is hypothesized to be autoimmune in nature. (7) More than 90 percent of NMO patients will suffer recurrent disease and accumulate neurologic disability. (8) Because of their relatively low overall incidence, orphan diseases like NMO frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the cause of NMO. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of NMO to identify potential risk factors and biomarkers for NMO. (11) We can apply our understanding of NMO to the study of other autoimmune diseases, including multiple sclerosis and systemic lupus erythematosus. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that there is a need-- (1) to establish and coordinate a multicenter research effort based on collaboration between regional consortia and governmental and nongovernmental entities in order to-- (A) comprehensively study the causes of NMO; and (B) identify potential biomarkers of disease activity; and (2) to encourage a collaborative effort among academic medical centers with epidemiological study groups to gather comprehensive and detailed information for each patient enrolled in those groups, in order to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO. SEC. 4. ESTABLISHMENT OF THE NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding after section 409J the following new section: ``SEC. 409K. NATIONAL NEUROMYELITIS OPTICA CONSORTIUM. ``(a) Establishment of the National Neuromyelitis Optica Consortium.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Director of NIH, and in coordination with the Director of the National Institute on Minority Health and Health Disparities, shall establish, administer, and coordinate a National Neuromyelitis Optica Consortium (in this section referred to as the `NNO Consortium') for the purposes described in paragraph (2). ``(2) Purposes.--The purposes of the NNO Consortium shall be the following: ``(A) Providing grants of not fewer than 5 years duration to eligible consortia for the purpose of conducting research with respect to the causes of, and the risk factors and biomarkers associated with, NMO. ``(B) Assembling a panel of experts to provide, with respect to research funded by the NNO Consortium, ongoing guidance and recommendations for the development of the following: ``(i) A common study design. ``(ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants a minimum dataset that includes the following: ``(I) Complete medical history. ``(II) Neurologic examination. ``(III) Biospecimens, including blood, spinal fluid, DNA, and RNA. ``(IV) Radiological data including magnetic resonance imaging (MRI). ``(iii) Specific analytical methods for examining data. ``(iv) Provisions for consensus review of enrolled cases. ``(v) An integrated data collection network. ``(C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the NNO Consortium and to make such data and analysis available to researchers. ``(3) Eligible consortia.--To be eligible for a grant under this section, a consortium shall demonstrate the following: ``(A) The consortium has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium's designated catchment area. ``(B) The designated catchment area of the consortium does not overlap with the designated catchment area of another consortium already receiving a grant under this section. ``(4) Report.--Not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Director of NIH, shall submit to Congress a report with respect to the NNO Consortium, to be made publicly available, including a summary of research funded by the NNO Consortium and a list of consortia receiving grants through the NNO Consortium. At the discretion of the Secretary, such report may be combined with other similar or existing reports. ``(5) Authorization of appropriations.-- ``(A) In general.--There is authorized to be appropriated $25,000,000 for each of fiscal years 2014 through 2018, to remain available until expended, to carry out this section. ``(B) Sense of congress.--It is the sense of Congress that funds appropriated to carry out this section should be in addition to funds otherwise available or appropriated to carry out the activities described in this section. ``(b) Definitions.--For purposes of this section: ``(1) Catchment area.--The term `catchment area' means a defined area for which population data are available. ``(2) Consortium.--The term `consortium' means a partnership of 2 or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area.''.
Neuromyelitis Optica Consortium Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to establish, administer, and coordinate a National Neuromyelitis Optica (NMO) Consortium to: (1) award grants of not fewer than five years duration to conduct research with respect to the causes of, and the risk factors and biomarkers associated with, NMO (a neurological disease leading to blindness and paralysis); (2) assemble a panel of experts to provide ongoing guidance and the recommendations on research design and protocols, and (3) designate a central laboratory to collect, analyze, and aggregate data with respect to such research and to make such data and analysis available to researchers. Establishes eligibility requirements for a consortium (a partnership of two or more universities, health care organizations, or government agencies, or any combination of such entities), including that: (1) it has the capability to enroll a minimum of 25 individuals with a diagnosis of NMO as research participants from the designated catchment area (geographical area), and (2) that the catchment area does not overlap with any other consortium receiving a grant under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Broad-Based Stock Option Plan Transparency Act of 2003''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds that-- (1) innovation and entrepreneurship, particularly in the high technology industry, helped propel the economic growth of the 1990s, and will continue to be the essential building blocks of economic growth in the 21st century; (2) broad-based employee stock option plans enable entrepreneurs and corporations to attract quality workers, to incentivize worker innovation, and to stimulate productivity, which in turn increase shareholder value; (3) broad-based employee stock options plans that expand corporate ownership to rank-and-file employees spur capital formation, benefit workers, and improve corporate performance to the benefit of investors and the economy; (4) concerns raised about the impact of employee stock option plans on shareholder value raise legitimate issues relevant to the current level of disclosure and transparency of those plans to current and potential investors; and (5) investors deserve to have accurate, reliable, and meaningful information about the existence of outstanding employee stock options and their impact on the share value of a going concern. SEC. 3. IMPROVED EMPLOYEE STOCK OPTION TRANSPARENCY AND REPORTING DISCLOSURES. (a) Enhanced Disclosures Required.--Not later than 180 days after the date of enactment of this Act, the Securities and Exchange Commission (in this Act referred to as the ``Commission'') shall, by rule, require, for each company required to file periodic reports under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), that such reports include detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the company, particularly with respect to the dilutive effect of such plans, including-- (1) a discussion, written in ``plain English'' (in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission), of the dilutive effect of stock option plans, including tables or graphic illustrations of such dilutive effects; (2) expanded disclosure of the dilutive effect of employee stock options on the earnings per share number of the company; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of the stock options granted to the 5 most highly compensated executive officers of the company, including any outstanding stock options of those officers. (b) Equity Interest.--As used in this section, the term ``equity interest'' includes common stock, preferred stock, stock appreciation rights, phantom stock, and any other security that replicates the investment characteristics of such securities, and any right or option to acquire any such security. SEC. 4. EVALUATION OF EMPLOYEE STOCK OPTION PLANS TRANSPARENCY AND REPORTING DISCLOSURES AND REPORT TO CONGRESS. (a) Study and Report.-- (1) Study.--During the 3-year period following the date of issuance of a final rule under section 3(a), the Commission shall conduct a study of the effectiveness of the enhanced disclosures required by section 3 in increasing transparency to current and potential investors. (2) Report.--Not later than 180 days after the end of the 3-year period referred to in paragraph (1), the Commission shall transmit a report of the results of the study conducted under paragraph (1) to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. (b) Moratorium on New Accounting Standards Related to Stock Options.--During the period beginning on the date of enactment of this Act and ending 60 days after the date of transmission of the report required under subsection (a)(2), the Commission shall not recognize as generally accepted accounting principles for purposes of enforcing the securities laws any accounting standards related to the treatment of stock options that the Commission did not recognize for that purpose before April 1, 2003. SEC. 5. STUDY ON THE ECONOMIC IMPACT OF BROAD-BASED EMPLOYEE STOCK OPTION PLANS AND REPORT TO CONGRESS. (a) Study.-- (1) In general.--The Secretary of Commerce shall conduct a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries. (2) Content.--The study and analysis required by paragraph (1) shall include an examination of-- (A) the impact of such plans on expanding employee corporate ownership to workers at a wide-range of income levels, with a particular focus on rank-and-file employees; (B) the role of such plans in the recruitment and retention of skilled workers; and (C) the role of such plans in stimulating research and innovation; (D) the impact of such plans on the economic growth of the United States; and (E) the role of such plans in strengthening the international competitiveness of companies organized under the laws of the United States. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary of Commerce shall submit a report on the study and analysis required by subsection (a) to-- (1) the Committee on Energy and Commerce and the Committee on Financial Services of the House of Representatives; and (2) the Committee on Commerce, Science, and Transportation and the Committee on Banking, Housing, and Urban Affairs of the Senate.
Broad-Based Stock Option Plan Transparency Act of 2003 - Directs the Securities and Exchange Commission (SEC) to require that certain mandatory periodic reports include detailed information regarding stock option plans, stock purchase plans, and other arrangements involving an employee acquisition of an equity interest in the publicly traded company, particularly with respect to the dilutive effect of such plans. Requires such reports to include: (1) a discussion, written in "plain English" of the dilutive effect of stock option plans, including tables or graphic illustrations; (2) expanded disclosure of the dilutive effect of employee stock options upon the earnings per share number of the company; (3) prominent placement and increased comparability of all stock options related information; and (4) a summary of the stock options granted to the five most highly compensated executive officers of the company, including any outstanding stock options of those officers. Directs the SEC to study and report to Congress on the effectiveness of the enhanced disclosures in increasing transparency to investors. Prohibits the SEC from recognizing as generally accepted accounting principles for purposes of enforcing the securities laws any accounting standards related to the treatment of stock options that it did not recognize for that purpose before April 1, 2003. Instructs the Secretary of Commerce to report to Congress on a study and analysis of broad-based employee stock option plans, particularly in the high technology and any other high growth industries.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Same Number Act of 2007''. SEC. 2. VOICE SERVICE NUMBER PORTABILITY. (a) In General.--Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) is amended by inserting after section 714 the following: ``SEC. 715. NUMBER PORTABILITY. ``(a) In General.--A provider of voice services has the duty to provide, to the extent technically feasible, number portability in accordance with requirements prescribed by the Commission. ``(b) Standards.-- ``(1) In general.--Within 270 days after the date of enactment of the Same Number Act of 2007, to facilitate consumer choice among voice service providers the Commission shall establish number portability performance standards for voice service providers that, at a minimum-- ``(A) identify classes of ports; ``(B) where appropriate, establish expeditious time frames for each class of port, which may include timeframes for different stages of the porting; ``(C) establish requirements governing the exchange of data between voice service providers in connection with porting a number, including any limits on customer validation fields or other data fields that may be required by voice service providers; and ``(D) encourage the reasonable automation of the porting process. ``(2) Flexibility.--In adopting performance standards under paragraph (1), the Commission may establish more flexible standards for different classes of providers within a type of voice service provider if the Commission determines that the uniform application of a single standard or time frame for compliance would result in unreasonable compliance costs for a class of providers. ``(3) Public access to timeframes.--The Commission shall make available to the public on its Internet website any standard timeframes established by the Commission under paragraph (1). ``(c) Porting Reporting.-- ``(1) Providers.--Beginning 1 year after the date on which the Commission issues a final rule under subsection (b) establishing number portability performance standards for voice service providers, a voice service provider shall submit a report each year to the Commission on its number portability activity during the preceding 12 months, including a statement of the number of ports it failed to complete within the time required by the standards, and an explanation of the reason for such failures. ``(2) Commission.--Beginning 1 year after the date on which the Commission issues the final rule under subsection (b), the Commission shall submit a report each year to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce on the effectiveness and efficiency of the number portability performance standards for voice service providers established under this section. ``(3) Sunset.--The requirements of this subsection shall cease to apply 60 months after the date on which the Commission issues such final rule. ``(d) Numbering Administration.-- ``(1) Commission authority and jurisdiction.--The Commission shall designate 1 or more impartial entities to administer telecommunications and voice service numbering and to ensure that numbers are available on an equitable basis. The Commission has exclusive jurisdiction of those portions of the North American Numbering Plan that pertain to the United States. Nothing in this subsection precludes the Commission from delegating to State Commission or other entities all or a portion of such jurisdiction. ``(2) Costs.--The costs of establishing numbering administration arrangements and number portability shall be borne by all voice service providers on a competitively neutral basis, as determined by the Commission. ``(3) Universal emergency telephone number.--The Commission and any agency or entity to which the Commission has delegated authority under section 715(e) shall designate 9-1-1 as the universal emergency telephone number within the United States for reporting an emergency to appropriate authorities and requesting assistance. The designation shall apply to both wireline and wireless telephone service. In making the designation, the Commission (and any such agency or entity) shall provide appropriate transition periods for areas in which 9-1-1 is not in use as an emergency telephone number on the date of enactment of the Wireless Communications and Public Safety Act of 1999. ``(e) Voice Service Defined.--In this section, the term `voice service' means-- ``(1) a telecommunications service; or ``(2) any service that is not a telecommunications service, but that otherwise is an IP-enabled voice service as defined in section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time.''. (b) Conforming Amendments.--Section 251 of the Communications Act of 1934 (47 U.S.C. 251) is amended-- (1) by striking subsection (b)(2) and redesignating paragraphs (3), (4), and (5) of subsection (b) as paragraphs (2), (3), and (4), respectively; and (2) by striking subsection (e) and redesignating subsections (f), (g), (h), and (i) as subsections (e), (f), (g), and (h), respectively.
Same Number Act of 2007 - Amends the Communications Act of 1934 to declare that a provider of voice services (a telecommunications service or an IP-enabled voice service) has the duty to provide number portability to the extent technically feasible. Requires the Federal Communications Commission (FCC) to establish number portability performance standards for such providers. Requires the FCC to designate one or more impartial entities to administer telecommunications and voice service numbering and to ensure that numbers are available on an equitable basis. Gives the FCC exclusive jurisdiction of those portions of the North American Numbering Plan that pertain to the United States. Requires that the costs of establishing numbering administration arrangements and number portability be borne by all voice service providers on a competitively neutral basis. Requires designation of 9-1-1 as the universal emergency telephone number within the United States for both wireline and wireless telephone service.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Nuclear Workers' Health Insurance Act of 1993''. SEC. 2. HEALTH INSURANCE PROGRAM FOR CERTAIN FORMER DEPARTMENT OF ENERGY EMPLOYEES EXPOSED TO IONIZING RADIATION. (a) Establishment of Program.--The Secretary of Energy shall provide in accordance with this section for payment to (or on behalf of) certain former Department of Energy employees (described in subsection (b)) for all reasonable expenses for certain health care services (described in subsection (c)) incurred (whether through insurance or out-of-pocket) above the threshold dollar amount specified in subsection (d). (b) Former Employees Covered.--An employee described in this section is an individual who-- (1) was (but is no longer) employed at a Department of Energy defense nuclear facility (as defined in subsection (g)(3)); (2) while employed at that facility-- (A) received 10 REM or more total exposure to ionizing radiation or 10 percent or more of the maximum permissible body burden exposure to ionizing radiation, or (B) was employed for 5 years or more in a building or facility in which radioactive materials were regularly stored, handled, processed, or disposed of; and (3) is not entitled to benefits under the Medicare Program. (c) Reasonable Expenses for Certain Health Care Services Covered.-- (1) In general.--Reasonable expenses for certain health care services described in this subsection are expenses in a reasonable amount for health care services which are medically reasonable and necessary for treatment of-- (A)(i) leukemia or cancer of the blood-forming tissues (excluding chronic lymphocytic leukemia), (ii) multiple myeloma or muscle cancer affecting the spinal cord, or lymphoma (other than Hodgkin's disease), or (iii) cancer of the thyroid, lung, breast, brain or nervous system, bone, skin, prostate, parathyroid glands, stomach, colon or rectum, esophagus, bladder, urinary tract, pharynx, pancreas, small intestine, bile ducts, gall bladder, or liver (except if cirrhosis or hepatitis B is indicated); or (B) another disease if the Secretary of Energy (in consultation with the Secretary of Health and Human Services) determines that there is a reasonable medical certainty that such disease could have been directly or indirectly caused by an illness referred to in subparagraph (A). (2) Determination of reasonable amount.--In applying paragraph (1)-- (A) health care expenses shall be treated as being ``in a reasonable amount'' based on a typical payment methodology used under FEHBP plans, and (B) treatment of an illness shall be considered to be medically reasonable and necessary if payment for such treatment can be expected to be made under either an FEHBP plan or under the Medicare Program. (3) Health services defined.--In paragraph (1), the term ``health care services'' means health care items and services that are the type of items and services for which benefits are made available either under an FEHBP plan or under the Medicare Program and includes hospital services, physicians services, outpatient prescription drugs, hospice care, home health services, skilled nursing facility services, and rehabilitation (inpatient and outpatient) services. (d) Threshold Dollar Amount.--The threshold dollar amount specified in this subsection is $25,000 with respect to any individual during the individual's lifetime, not counting expenses incurred before the date of the enactment of this Act. (e) Administration.--The Secretary of Energy may carry out this section directly, through a memorandum of understanding with an appropriate Federal department or agency, or through a contract with an appropriate health insurance carrier or administrator. (f) Effective Date.--The Secretary of Energy shall establish the insurance program under this section by not later than 6 months after the date of the enactment of this Act. The program shall apply to expenses incurred for services furnished on or after the date the program first becomes effective. (g) Definitions.--In this section: (1) The term ``FEHBP plan'' means a health plan typical of the health plans offered to Federal employees and annuitants under chapter 89 of title 5, United States Code. (2) The term ``medicare program'' means the program under title XVIII of the Social Security Act. (3) The term ``Department of Energy defense nuclear facility'' means-- (A) a production facility or utilization facility (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the tritium loading facility at Savannah River, South Carolina; the 236 H facility at Savannah River, South Carolina; and the Mound Laboratory, Ohio), but the term does not include any facility that does not conduct atomic energy defense activities; (B) a nuclear waste storage or disposal facility that is under the control or jurisdiction of the Secretary of Energy; (C) a testing and assembly facility that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes (including the test site facility in Nevada; the Pinnellas Plant, Florida; and the Pantex facility, Texas); (D) a nuclear weapons research facility that is under the control or jurisdiction of the Secretary of Energy (including the Lawrence Livermore, Los Alamos, and Sandia National Laboratories); or (E) any facility described in subparagraphs (A) through (D) that-- (i) is no longer in operation; (ii) was under the control or jurisdiction of the Department of Defense, the Atomic Energy Commission, or the Energy Research and Development Administration; and (iii) was operated for national security purposes.
Defense Nuclear Workers' Health Insurance Act of 1993 - Directs the Secretary of Energy to establish a health insurance program for certain former employees of Department of Energy defense nuclear facilities exposed to ionizing radiation for certain cancer health care expenses incurred above $25,000.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Choices in Child Care Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Currently, child care assistance for children from low- income working families is severely underfunded, allowing only 1 in 7 eligible children to receive child care assistance for children from birth to age 13. (2) Funding for the Child Care and Development Block Grant Act of 1990 has remained relatively flat for 5 years, making it more difficult for children from eligible families to receive child care assistance. (3) In the majority of United States families, parents, whether married or single, must work to provide economic security for their families and, not the least, for the infants newly welcomed into the families. Fifty-five percent of women with children less than 1 year of age are part of the workforce, while 73 percent of women with children 1 year of age or older are in the workforce. (4) Research shows that the quality and nature of caretaking in the first months and years of life are critical to a young child's subsequent brain development, social development, and well-being. Healthy early development depends on nurturing and responsible relationships. (5) Research also shows that there is an extreme shortage of quality, affordable child care for infants. Numerous studies document lack of infant care and, in particular, affordable care that meets basic health and safety standards, particularly in rural areas. The current number of infant slots of licensed child care providers can only meet 18 percent of the potential need. The shortage is even more acute in rural areas, especially those with a high percentage of low-wage residents. (6) For the well-being of United States children, and for the economic security of the families on which the children depend, working parents should be able to provide child care for infants themselves without undermining family economic stability. SEC. 3. AT-HOME INFANT CARE. The Child Care and Development Block Grant Act of 1990 is amended by inserting after section 658G (42 U.S.C. 9858e) the following: ``SEC. 658H. DEMONSTRATION PROJECTS TO PROVIDE AT-HOME INFANT CARE BENEFITS. ``(a) Authority To Award Grants.-- ``(1) In general.--The Secretary shall award grants to not less than 5 and not more than 7 States to enable such States to carry out demonstration projects to provide at-home infant care benefits to eligible low-income families. ``(2) Indian tribes.--The Secretary may award grants to Indian tribes under this subsection. An Indian tribe that receives a grant under this subsection shall carry out a demonstration project to provide at-home infant care benefits to eligible low-income families. The Indian tribe shall carry out the demonstration project in the same manner, and to the same extent, as a State that receives a grant under this subsection, except that the Secretary may modify the requirements of this section as appropriate with respect to the Indian tribe. ``(3) Calculation.--Any grant awarded to an Indian tribe under paragraph (2) shall not be counted in determining the number of grants awarded to States under paragraph (1). ``(b) Demonstration Projects.-- ``(1) Application for participation and selection of states.-- ``(A) In general.--To be eligible to participate in the program carried out under this section and receive a grant under subsection (a) to carry out a demonstration project, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(B) Notice.--Not later than 90 days after the date of enactment of Choices in Child Care Act, the Secretary shall publish in the Federal Register a notice of opportunity to participate in the program and receive such a grant, specifying the contents of an application described in subparagraph (A). The notice shall include a timeframe for States to submit such an application, and shall provide that all such applications shall be submitted not later than 270 days after such date of enactment. ``(C) Selection.-- ``(i) In general.--The Secretary shall review the applications and select the participating States not later than 1 year after such date of enactment. ``(ii) Criteria.--In selecting the participating States, the Secretary shall-- ``(I) seek to ensure geographic diversity; and ``(II) give priority to States-- ``(aa) whose applications demonstrate a strong commitment to improving the quality of infant care and the choices available to parents of infants; ``(bb) with experience relevant to the operation of at-home infant care programs; and ``(cc) in which there are demonstrable shortages of infant care. ``(2) Required certifications.--A State selected to be a participating State shall provide certifications to the Secretary, with respect to the demonstration project to be carried out by the State, that-- ``(A) during the period during which the State carries out the demonstration project, the State will not reduce expenditures for child care services below the level of such expenditures made by the State in the fiscal year preceding the fiscal year in which the State began to carry out the project; ``(B) the State, in carrying out the demonstration project-- ``(i) will not give priority or preference to-- ``(I) eligible low-income families seeking to receive at-home infant care benefits through the demonstration project; over ``(II) other eligible low-income families on a waiting list for child care assistance through another program in the State; but ``(ii) will select a combination of families described in clause (i)(I) and families described in (i)(II) to receive at- home infant care benefits; ``(C) the State will-- ``(i) provide parents applying to receive at-home infant care benefits with in- formation on the range of options for child care available to the parents; ``(ii) ensure that approved applicants for at-home infant care benefits are permitted to choose between receipt of at-home infant care benefit subsidies, and receipt of certificates that may be used with an eligible child care provider for child care needed for employment; and ``(iii) provide that a family receiving at- home infant care benefit subsidies may exchange the subsidies for certificates described in clause (ii) at any time during the family's participation in the demonstration project; ``(D) the State will develop or update, and implement, a plan to improve the quality of infant care in the State, and provide parent education and support services to participants in the demonstration project; and ``(E) the State will cooperate with information collection and evaluations conducted by the Secretary. ``(3) Family eligibility.-- ``(A) In general.--To be eligible to receive at- home infant care benefits through a demonstration project under this section, a family shall-- ``(i) have a family income that does not exceed the limit specified in section 658P(4)(B); ``(ii) include a child under the age of 12 months (or, at the election of the State carrying out the demonstration project, under the age of 24 months); ``(iii) include a parent who had a recent work history (as determined in accordance with the State's requirements for such a work history) prior to application for the at-home infant care benefits; and ``(iv) meet such other eligibility requirements as the State may establish. ``(B) Two-parent families.--A State selected to carry out a demonstration project under this section shall permit 2-parent families to participate in the project but may not limit participation in the project to such families. ``(4) Amount of assistance.--The amount of an at-home infant care benefit provided to an eligible low-income family under this section for a month shall not exceed the monthly amount obtained by applying 100 percent of the State's maximum rate for a licensed family child care provider for full-time infant care. ``(5) TANF assistance.--The receipt of an at-home infant care benefit under this section shall not be considered to be assistance for any purpose under the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.). ``(6) Benefit not treated as income.--Notwithstanding any other provision of law, the value of an at-home infant care benefit shall not be treated as income for purposes of any Federal or federally-assisted program that bases eligibility, or the amount of benefits or services provided, on need. ``(c) Evaluation and Report to Congress.-- ``(1) In general.--The Secretary shall conduct an evaluation of the demonstration projects carried out under this section and submit a report to Congress containing the results of such evaluation not later than 4 years after the date of enactment of Choices in Child Care Act. ``(2) Requirements.--In conducting the evaluation, the Secretary shall examine the following: ``(A) Implementation experiences of the States carrying out the demonstration projects in developing and operating projects providing at-home infant care benefits, including design issues and issues in coordinating at-home infant care benefits provided under this section with benefits provided or funded under another provision of this Act in the State. ``(B) The characteristics of families seeking to participate and participating in the demonstration projects providing at-home infant care benefits funded under this section. ``(C) The length of participation by families in such demonstration projects and the reasons for the families ceasing to participate in the demonstration projects. ``(D) The prior and subsequent employment of the participating families and the effect of the demonstration project participation on subsequent employment of the families. ``(E) The costs and benefits of the demonstration projects. ``(F) The effectiveness of State efforts (including tribal efforts) to improve the quality of infant care during the periods in which the demonstration projects are carried out. ``(3) Reservation of funds.--From the amount appropriated under section 658B(b) for a fiscal year, the Secretary shall reserve $1,000,000 for purposes of conducting the evaluation required under this subsection.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS AND CONFORMING AMENDMENTS. (a) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended-- (1) by inserting: ``(a) In General.--'' before ``There is''; (2) by inserting ``(other than section 658H)'' after ``this subchapter''; and (3) by adding at the end the following: ``(b) Demonstration Projects To Provide At-Home Infant Care Benefits.--There is authorized to be appropriated to carry out section 658H $75,000,000 for fiscal year 2007 and each subsequent fiscal year.''. (b) Conforming Amendments.-- (1) Reservations.--Section 658O(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m(a)) is amended-- (A) in paragraph (1), by striking ``under this subchapter'' and inserting ``under section 658B(a)''; and (B) in paragraph (2), by striking ``under section 658B'' and inserting ``under section 658B(a)''. (2) Allotments.--Section 658O(b)(1) of such Act (42 U.S.C. 9858m(b)(1)) is amended by striking ``under section 658B'' and inserting ``under section 658B(a)''.
Choices in Child Care Act - Amends the Child Care and Development Block Grant Act of 1990 to require the Secretary of Health and Human Services to award grants to five to seven states for demonstration projects to provide at-home infant care benefits to low-income families. Allows grants to Indian tribes. Requires the Secretary to seek to ensure geographic diversity among participants and to give priority to states that demonstrate a commitment to improving the quality of infant care and the choices available to parents of infants, that have relevant experience, and that have a shortage of infant care. Requires states, to participate in the demonstration project, to certify to the Secretary that the state: (1) will not reduce expenditures for child care services while carrying out the project; (2) will not give priority or preference to low-income families seeking to receive at-home infant care benefits over other families on a waiting list for child care assistance through other state programs, but will select a combination of such families; and (3) will ensure that applicants are permitted to choose between receipt of at-home care subsidies and certificates for child care needed for employment. Sets forth eligibility requirements for families seeking assistance, including having a parent who had a recent work history prior to the application for benefits. Requires states to permit two-parent families to participate in the project, but prohibits states from limiting participation in the project to such families.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf of Maine Conservation and Cooperation Act of 1994''. SEC. 2. FINDINGS. The Congress makes the following findings regarding the Gulf of Maine: (1) The Gulf of Maine is a critically important environmental and economic resource shared by the United States and Canada. (2) The Gulf of Maine supports abundant and diverse marine wildlife populations, including 100 species of birds, 73 species of fish, 26 species of whales, dolphins, and porpoises, 1,600 types of bottom-dwelling organisms, and endangered species such as the bald eagle, roseate tern, humpback whale, and sperm whale. (3) The Gulf of Maine holds substantial value as a recreation resource for people today and its value as a recreation resource will likely increase in the future. Nearly \1/3\ of the United States population, comprising approximately 75,600,000 people, live within a 1-day drive of the Gulf of Maine. The Gulf of Maine contains 2 United States national parks and 1 Canadian national park, and it contains a United States national marine sanctuary. (4) The Gulf of Maine provides substantial commercial benefits to the United States and Canada. Its commercial fishing industry, including aquaculture, produces more than $800,000,000 in revenues annually and employs 20,000 people. Aquaculture is a growing multimillion dollar industry in the region. (5) Tourism and recreation in the Gulf of Maine region generate millions of dollars in revenue each year and provide employment for thousands. The Gulf of Maine attracts 10,000,000 visitors annually. In addition, the Gulf of Maine is home to many economically important maritime facilities, such as ports and shipyards. (6) Studies conducted by national and State governments and other agencies have determined that, without prudent, coordinated management, the future development and use of the resources of the Gulf of Maine may have significant adverse impacts on the environment and economy of the bordering States, the adjacent region, and the United States. (7) Environmental threats to the Gulf of Maine are too extensive and complex to be managed by any single State, provincial, or Federal agency. Existing threats include-- (A) high levels of toxic contaminants in the deep basin sediments of the Gulf of Maine, which indicate that toxic contaminants are distributed throughout the Gulf of Maine ecosystem; (B) bacterial contamination that has closed more than \1/3\ of the shellfish beds in the Gulf of Maine, resulting in significant economic losses; and (C) increasing loss of habitat in the Gulf of Maine region, which results in diminished estuarine and coastal habitats essential for migratory waterfowl and commercially valuable fish species. (8) The natural resources of the Gulf of Maine are interconnected, forming an ecosystem that transcends political boundaries. It is therefore important that the States, provinces, and Federal Governments cooperate with one another and coordinate their public policies, research, and management activities related to the protection of the resources of the Gulf of Maine. (9) Interjurisdictional cooperation and coordination of efforts, policies, and programs can maximize the efficient use of limited fiscal resources in the Gulf of Maine region, and further the goal of protecting the resources of the Gulf of Maine and stimulating its economy over the long-term. (10) The Gulf of Maine Council on the Marine Environment, established in 1989 by the States of Maine, Massachusetts, and New Hampshire and the Canadian Provinces of New Brunswick and Nova Scotia (in this Act referred to as the ``Gulf of Maine Council''), is well-equipped to assist in the coordination of policies and activities of the multiple agencies and scientific, environmental, fishing, and marine trade organizations active in the Gulf of Maine region. It has laid a cooperative, regionally based foundation for future efforts to protect, conserve, and sustainably develop the Gulf of Maine. (11) The Gulf of Maine Council has developed innovative and constructive strategies and programs to maintain and enhance marine environmental quality and to allow for sustainable resource use, such as the Gulf of Maine Action Plan 1991-2000 and the Gulf of Maine Environmental Quality Monitoring Plan. SEC. 3. POLICY. It is the policy of the United States that-- (1) United States Government activities relating to conserving the natural resources of the Gulf of Maine and encouraging sustainable development in the region should be maintained and strengthened; and (2) the environmental and economic interests of the American people are well-served by United States Government cooperation and coordination with the Gulf of Maine Council. SEC. 4. GULF OF MAINE INTERAGENCY TASK FORCE. (a) Establishment.-- (1) In general.--The President shall establish a Gulf of Maine Inter-Agency Task Force (in this Act referred to as the ``Task Force''). (2) Purpose.--The purpose of the Task Force is to provide a vehicle for improved interagency cooperation and coordination, and to improve and enhance the efficiency and effectiveness of Federal activities conducted for the purpose of the conservation and sustainable development of the natural resources of the Gulf of Maine. (3) Duties.--The duties of the Task Force include the following: (A) Meeting on a regular basis, but not less than 2 times each year. (B) Sharing among Task Force members information about agency programs operating in the Gulf of Maine region. (C) Providing updates on agency programs and activities relating to the natural resources of the Gulf of Maine, including scientific research activities and programs. (D) Identifying opportunities for interagency cooperation and coordination to further the purpose of the Task Force. (E) Developing plans, to the maximum extent practicable, for interagency cooperation and coordination efforts that will further the purpose of the Task Force, and for joint programs, activities, and initiatives among agencies of the United States, the Gulf of Maine Council, States, and the Government of Canada. (b) Membership.-- (1) Specified agency representatives.--The Task Force shall consist of the following members: (A) 2 members appointed by the Secretary of Commerce; (B) 1 member appointed by the Secretary of the Interior; (C) 1 member appointed by the Administrator of the Environmental Protection Agency; and (D) 1 member appointed by the Secretary of the Army from among personnel of the Corps of Engineers. (2) Other agency representatives.--The Task Force may also include a representative appointed by the President to represent any other Federal department or agency, on a temporary or permanent basis. (3) Department of commerce representatives.--At least 1 of the members of the Task Force appointed by the Secretary of Commerce shall be selected from personnel of the National Oceanic and Atmospheric Administration, and one of those members shall be selected from personnel of an office or agency related to sustainable economic development. (c) Gulf of Maine Coordinator.--The Task Force shall be chaired by the Gulf of Maine Coordinator, who shall be designated by the Secretary of Commerce from among the members of the Task Force. The term of a member as the Gulf of Maine Coordinator shall be 2 years. The Secretary may not designate for consecutive terms as the Gulf of Maine Coordinator any member, or any members appointed under subsection (b)(1) by the same official. The duties of the Coordinator shall be as follows: (1) The Gulf of Maine Coordinator (or a designee of the Coordinator) shall, upon invitation by the Gulf of Maine Council, attend meetings of the Gulf of Maine Council, and report on Federal activities and programs relating to the Gulf of Maine Council. (2) The Task Force may authorize the Gulf of Maine Coordinator (or a designee of the Coordinator) to represent the Task Force and the officials who appoint members of the Task Force under subsection (b), in negotiations with the Gulf of Maine Council on agreements, memoranda of understanding, a sustainable development strategy, or other cooperative activities and programs. (d) Annual Report.--Each year, the Secretary of Commerce shall submit to the Congress, in consultation with the Secretary of the Interior, the Secretary of the Army, and the Administrator of the Environmental Protection Agency, a report on the meetings, findings, activities, recommendations, initiatives, and plans of the Task Force. The report may also describe other examples of cooperation and coordination among agencies in the Gulf of Maine. SEC. 5. FEDERAL COOPERATION AND COORDINATION WITH THE GULF OF MAINE COUNCIL ON THE MARINE ENVIRONMENT. (a) Statement of Policy.--Each of the officials who appoint a member of the Task Force under section 4(b) shall, to the maximum extent practicable, cooperate and coordinate their activities related to natural resources of the Gulf of Maine with the Gulf of Maine Council on the Marine Environment. (b) Authority for Agreements.--The Secretary of Commerce, after consultation with the officials who appoint a member of the Task Force under section 4(b), may enter into agreements and memoranda of understanding with the Gulf of Maine Council to enhance efforts to conserve the natural resources of the Gulf of Maine. (c) Sustainable Development Strategy.--The Secretary of Commerce, after consultation with other Federal natural resource agencies, and upon a request by the Gulf of Maine Council, may work with the Gulf of Maine Council, industry representatives, representatives of organized labor groups, fishing groups, community organizations, environmental organizations, State and local public officials, and others to develop a sustainable development strategy for the Gulf of Maine. (d) Consistency of Federal Activities With Council and State Management Activities.--Each of the officials that appoints a member of the Task Force under section 4(b) shall conduct their activities which directly affect the ecological health of the Gulf of Maine in a manner which is, to the maximum extent practicable, consistent with-- (1) the goals and policies of the Gulf of Maine Council; and (2) the goals and policies related to protection of the natural resources of the Gulf of Maine of each State bordering the Gulf of Maine in which the activities are conducted. (e) Financial Contributions to Gulf of Maine Council.-- (1) Grant authority.--To help fulfill the purposes of this Act, each of the officials that appoints a member of the Task Force under section 4(b), subject to the availability of appropriations, may make grants in accordance with this subsection to the Gulf of Maine Council, for programs and projects related to the conservation of the natural resources of the Gulf of Maine or to sustainable economic development in the Gulf of Maine region. (2) Matching.--The amount of a grant under this subsection may not exceed 75 percent of the total cost of the program or project carried out with the grant. In determining the amount of the non-Federal contribution for purposes of this paragraph, the Secretary shall include the value of in-kind contributions from non-Federal sources. (3) Limit on use for administration.--Not more than 10 percent of the amount of a grant under this section may be used for administrative expenses. (4) Limit on total annual grants.--The total amount of grants under this subsection in any fiscal year before fiscal year 2000 may not exceed $1,000,000. SEC. 6. GULF OF MAINE RESEARCH. (a) New Authority.--The Regional Marine Research Board for the Gulf of Maine region shall cooperate with the Gulf of Maine Council and the States bordering the Gulf of Maine in efforts to promote the environmental and economic health of the Gulf of Maine region. (b) Regional Marine Research Plans.--The Regional Marine Research Board for the Gulf of Maine region may, in consultation with the Gulf of Maine Council and subject to the approval of the Secretary of Commerce, revise schedules for the development of research plans under section 404 of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447c) as appropriate to ensure the effective coordination of the plans and programs carried out under such section with the activities and plans carried out under this Act. SEC. 7. RELATION TO MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT. Nothing in this Act shall be construed to modify or supersede any authority or requirement established under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
Gulf of Maine Conservation and Cooperation Act of 1994 - Requires the President to establish a Gulf of Maine Inter-Agency Task Force to provide for improved interagency cooperation, efficiency, and effectiveness with respect to Federal activities concerning the conservation and sustainable development of the natural resources of the Gulf of Maine. Requires Federal officials who appoint members of the Task Force to cooperate and coordinate their activities related to natural resources of the Gulf with the Gulf of Maine Council on the Marine Environment. Directs the Secretary of Commerce to enter into agreements and memoranda of understanding with the Council to enhance efforts to conserve the Gulf's natural resources. Authorizes the Secretary to work with others to develop a sustainable development strategy for the Gulf. Permits Federal officials who appoint Task Force members to make grants to the Council for programs related to the conservation of the Gulf's natural resources or to sustainable economic development in the Gulf region. Limits the total amount of annual grants. Directs the Regional Marine Research Board for the Gulf of Maine region to cooperate with the Council and the States bordering the Gulf in efforts to promote the environmental and economic health of the region. Authorizes the Board, subject to the Secretary's approval, to revise schedules for the development of research plans under the Marine Protection, Research, and Sanctuaries Act of 1972 to ensure the coordination of such plans with activities under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Leave Pension Relief Act of 1998''. SEC. 2. PERIODS OF FAMILY AND MEDICAL LEAVE TREATED AS HOURS OF SERVICE FOR PENSION PARTICIPATION AND VESTING. (a) Amendments of Internal Revenue Code.-- (1) Participation.-- (A) In general.--Paragraph (3) of section 410(a) of the Internal Revenue Code of 1986 (relating to minimum participation standards) is amended by adding at the end the following new subparagraph: ``(E) Family and medical leave treated as service.-- ``(i) In general.--For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) Year to which hours are credited.-- The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (E) of section 410(a)(5) of such Code is amended-- (i) by inserting ``not under family and medical leave act of 1993'' after ``absences'' in the heading, and (ii) by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (2) Vesting.-- (A) In general.--Paragraph (5) of section 411(a) of such Code (relating to minimum vesting standards) is amended by adding at the end the following new subparagraph: ``(E) Family and medical leave treated as service.-- ``(i) In general.--For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) Year to which hours are credited.-- The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (E) of section 411(a)(6) of such Code is amended-- (i) by inserting ``not under family and medical leave act of 1993'' after ``absences'' in the heading, and (ii) by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (b) Amendments of ERISA.-- (1) Participation.-- (A) In general.--Paragraph (3) of section 202(a) of the Employee Retirement Income Security Act of 1974 (relating to minimum participation standards) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Subparagraph (A) of section 202(b)(5) of such Act is amended by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (2) Vesting.-- (A) In general.--Paragraph (2) of section 203(b) of such Act (relating to minimum vesting standards) is amended by adding at the end the following new subparagraph: ``(E)(i) For purposes of this subsection, in the case of an individual who is absent from work on leave required to be given to such individual under the Family and Medical Leave Act of 1993, the plan shall treat as hours of service-- ``(I) the hours of service which otherwise would normally have been credited to such individual but for such absence, or ``(II) in any case in which the plan is unable to determine the hours described in subclause (I), 8 hours of service per day of absence. ``(ii) The hours described in clause (i) shall be treated as hours of service as provided in this subparagraph-- ``(I) only in the year in which the absence from work begins, if a participant would have a year of service solely because the period of absence is treated as hours of service as provided in clause (i); or ``(II) in any other case, in the immediately following year.'' (B) Coordination with treatment of maternity and paternity absences under break in service rules.-- Clause (i) of section 203(b)(3)(E) of such Act is amended by adding at the end of clause (i) the following new sentence: ``The preceding sentence shall apply to an absence from work only if no part of such absence is required to be given under the Family and Medical Leave Act of 1993.'' (c) Effective Date.--The amendments made by this section shall apply with respect to plan years beginning on or after January 1, 1999. SEC. 3. PROVISIONS RELATING TO PLAN AMENDMENTS. (a) In General.--If this section applies to any plan amendment-- (1) such plan shall be treated as being operated in accordance with the terms of the plan during the period described in subsection (b)(2)(A), and (2) such plan shall not fail to meet the requirements of section 411(d)(6) of the Internal Revenue Code of 1986 or section 204(g) of the Employee Retirement Income Security Act of 1974 by reason of such amendment. (b) Amendments to Which Section Applies.-- (1) In general.--This section shall apply to any amendment to any plan which is made-- (A) pursuant to any amendment made by section 2, and (B) before the first day of the first plan year beginning on or after January 1, 2000. In the case of a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986), this paragraph shall be applied by substituting ``2001'' for ``2000''. (2) Conditions.--This section shall not apply to any amendment unless-- (A) during the period-- (i) beginning on the date the legislative amendment described in paragraph (1)(A) takes effect (or in the case of a plan amendment not required by such legislative amendment, the effective date specified by the plan), and (ii) ending on the date described in paragraph (1)(B) (or, if earlier, the date the plan amendment is adopted), the plan is operated as if such plan amendment were in effect, and (B) such plan amendment applies retroactively for such period.
Family Leave Pension Relief Act of 1998 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 to count periods of leave permitted by the Family Medical Leave Act of 1993 towards hours of service needed for the fulfillment of pension participation and vesting rules.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Lewis and Clark Rural Water System Act of 1994''. SEC. 2. DEFINITIONS. As used in this Act (unless the context clearly requires otherwise): (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 component described in the report entitled ``Wetlands and Wildlife Enhancement for the Lewis and Clark Rural Water System'', dated April 1991, that is included in the feasibility study. (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) Member entity.--The term ``member entity'' means a rural water system or municipality that signed a Letter of Commitment to participate in the Lewis and Clark Rural Water System. (5) 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 contained in the feasibility study. (6) 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, reservoirs, and pipelines up to the point of delivery of water by the Lewis and Clark Rural Water System to each member entity that distributes water at retail to individual users. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (8) Water supply system.--The term ``water supply system'' means the Lewis and Clark Rural Water System that is established and operated substantially in accordance with the feasibility study. SEC. 3. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary is authorized to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for 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, 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 Lewis and Clark Rural Water System, Inc. shall not exceed the amount of funds authorized under section 10. (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.) have been met; (2) a final engineering report has been prepared and submitted to Congress not less than 90 days before the commencement of construction of the system; and (3) a water conservation program has been developed and implemented. SEC. 4. FEDERAL ASSISTANCE FOR WETLAND AND WILDLIFE ENHANCEMENT. (a) Initial Development.--The Secretary shall make grants and other funds available to Lewis and Clark Rural Water System, Inc., 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. WATER CONSERVATION PROGRAMS. (a) Purpose.--The water conservation program required under this section shall be designed to ensure that users of water from the water supply system will use the best practicable technology and management techniques to conserve water use. (b) Description.--The water conservation programs shall include-- (1) low consumption performance standards for all newly installed plumbing fixtures; (2) leak detection and repair programs; (3) rate schedules that do not include declining block rate schedules for municipal households and special water users (as defined in the feasibility study); (4) public education programs and technical assistance to member entities; and (5) coordinated operation among each rural water system, and each water supply facility in existence on the date of enactment of this Act, in the service area of the system. (c) Review and Revision.--The programs described in subsection (b) shall contain provisions for periodic review and revision, in cooperation with the Secretary. SEC. 6. 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 system shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 7. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri 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 the entire electric service requirements of the system, 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) Lewis and Clark Rural Water System, Inc.; 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. 8. NO LIMITATION ON WATER PROJECTS IN STATES. This Act shall not limit the authorization for water projects in South Dakota, Iowa, and Minnesota under law in effect on or after the date of enactment of this Act. SEC. 9. 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. 10. FEDERAL COST SHARE. The Secretary is authorized to provide funds equal to 80 percent of-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 3; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. SEC. 11. NON-FEDERAL COST SHARE. The non-Federal share of the costs allocated to the water supply system shall be 20 percent of the-- (1) the amount allocated in the total project construction budget for the planning and construction of the water supply system under section 3; and (2) such sums as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. SEC. 12. BUREAU OF RECLAMATION. (a) Authorization.--The Secretary is authorized to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component for those areas of the water supply system that are described in section 3(b). (b) Project Oversight Administration.--The amount of funds used by the Bureau of Reclamation for planning and construction of the water supply system may not exceed an amount equal to 1 percent of the amount provided in the total project construction budget for the entire project construction period. SEC. 13. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $226,320,000 to carry out this Act, of which not less than $8,487,000 shall be used for the initial development of the environmental enhancement component under section 4, to remain available until expended.
Lewis and Clark Rural Water System Act of 1994 - Authorizes the Secretary of the Interior to make grants to the Lewis and Clark Rural Water System, Inc., a nonprofit corporation, for the planning and construction of a water supply system to provide service to specified counties in South Dakota, Minnesota, and Iowa. 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. Directs that the water conservation program: (1) be designed to ensure that users of water from the water supply system use the best practicable technology and management techniques to conserve water use; and (2) include provisions for periodic review and revision. Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply system 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 system 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 Basin program. Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Authorizes the Secretary to allow the Bureau of Reclamation to provide project construction oversight to the water supply system and environmental enhancement component. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Melanie Blocker-Stokes Postpartum Depression Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Postpartum depression is a devastating mood disorder which strikes many women during and after pregnancy. (2) Postpartum mood changes are common and can be broken into three subgroups: ``baby blues,'' which is an extremely common and the less severe form of postpartum depression; postpartum mood and anxiety disorders, which are more severe than baby blues and can occur during pregnancy and anytime within the first year of the infant's birth; and postpartum psychosis, which is the most extreme form of postpartum depression and can occur during pregnancy and up to twelve months after delivery. (3) ``Baby blues'' is characterized by mood swings, feelings of being overwhelmed, tearfulness, irritability, poor sleep, mood changes, and a sense of vulnerability. (4) The symptoms of postpartum mood and anxiety disorders are the worsening and the continuation of the baby blues beyond the first days or weeks after delivery. (5) The symptoms of postpartum psychosis include losing touch with reality, distorted thinking, delusions, auditory hallucinations, paranoia, hyperactivity, and rapid speech or mania. (6) Each year over 400,000 women suffer from postpartum mood changes, with baby blues afflicting up to 80 percent of new mothers; postpartum mood and anxiety disorders impairing around 10-20 percent of new mothers; and postpartum psychosis striking 1 in 1,000 new mothers. (7) The causes of postpartum depression are complex and unknown at this time; however, theories include a steep and rapid drop in hormone levels after childbirth; difficulty during labor or pregnancy; a premature birth; a miscarriage; feeling overwhelmed, uncertain, frustrated or anxious about one's new role as a mother; a lack of support from one's spouse, friends or family; marital strife; stressful events in life such as death of a loved one, financial problems, or physical or mental abuse; a family history of depression or mood disorders; a previous history of major depression or anxiety; or a prior postpartum depression. (8) Postpartum depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (9) All too often postpartum depression goes undiagnosed or untreated due to the social stigma surrounding depression and mental illness, the myth of motherhood, the new mother's inability to self-diagnose her condition, the new mother's shame or embarrassment over discussing her depression so near to the birth of her child, the lack of understanding in society and the medical community of the complexity of postpartum depression, and economic pressures placed on hospitals and providers. (10) Untreated, postpartum depression can lead to further depression, substance abuse, loss of employment, divorce and further social alienation, self-destructive behavior, or even suicide. (11) Untreated, postpartum depression impacts society through its affect on the infant's physical and psychological development, child abuse, neglect or death of the infant or other siblings, and the disruption of the family. TITLE I--RESEARCH ON POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis (in this section referred to as ``postpartum conditions''). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to postpartum conditions. (c) Programs for Postpartum Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, postpartum conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (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 2004 through 2006. TITLE II--DELIVERY OF SERVICES REGARDING POSTPARTUM DEPRESSION AND PSYCHOSIS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis (referred to in this section as a ``postpartum condition) and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of postpartum conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for postpartum conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with postpartum conditions and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of postpartum conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2004 through 2006.
Melanie Blocker-Stokes Postpartum Depression Research and Care Act - Directs the Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to postpartum depression and postpartum psychosis. Authorizes appropriations.Directs the Secretary of Health and Human Services to make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with postpartum depression or postpartum psychosis and their families. Authorizes appropriations.
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SECTION 1. FINDINGS. Congress finds that-- (1) there is no Federal program to support family caregivers; (2) most older individuals and persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) (referred to in this section as ``developmental disabilities'')) prefer to receive care in their homes, rather than in institutions; (3)(A) more than 22,000,000 family caregivers actively care for aging or ailing older individuals in the United States; (B) fewer than 2,000,000 older individuals receive care through nursing homes in the United States; and (C) therefore, a large portion of the care provided for the Nation's older individuals is provided by family caregivers; (4)(A) there are an estimated 3,170,000 persons with mental retardation and related developmental disabilities in the United States; (B) 1,890,000 of individuals with mental retardation and related developmental disabilities live with family caregivers; (C) 479,862 of individuals with mental retardation and related developmental disabilities who are living at home receive care from caregivers who are 60 years old or older; and (D) like services for the elderly population, a large portion of supports and care for persons with mental retardation and related developmental disabilities is provided by family caregivers; (5) nearly 75 percent of family caregivers are women, many of whom have other major responsibilities, such as young children or jobs; (6) the loss in productivity of businesses due to necessary absences of caregiving employees ranges from $11,000,000,000 to $29,000,000,000 a year; (7) family caregivers offer support that is worth billions of dollars; (8) without the efforts of family caregivers, many additional older individuals, and persons with mental retardation and related developmental disabilities, would receive care services in a hospital, State facility, intermediate care facility for the mentally retarded, or nursing home, or would receive, although less costly, home and community-based waiver services under section 1915(c) of the Social Security Act (42 U.S.C. 1396n(c)), such a result being far more expensive for taxpayers than assisting family caregivers since-- (A) the Federal medicare and medicaid programs pay for a large portion of expenses associated with such institutional care; and (B) such institutional care is more expensive than family caregiving; (9) caregivers, on average, spend $2,000 per year for food, medication, and other expenses related to caregiving; (10)(A) caregiving is physically demanding and emotionally draining to provide, with as many as 30 percent of caregivers reporting physical or mental health problems due to caregiving; and (B) caregivers need resources that will support and help ease the overwhelming burden that the caregivers are expected to shoulder on a daily basis; and (11) with millions of baby boomers set to retire in the near future, it is crucial to begin preparing today for what will be dramatically increased long-term care needs of older individuals. SEC. 2. NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM. (a) Establishment of Program.--Part D of title III of the Older Americans Act of 1965 (42 U.S.C. 3030h et seq.) is amended to read as follows: ``PART D--NATIONAL FAMILY CAREGIVER SUPPORT PROGRAM ``Subpart 1--State Grant Program ``SEC. 341. PROGRAM AUTHORIZED. ``(a) In General.--The Assistant Secretary shall carry out a program for making grants to States with State plans approved under section 307, to pay for the Federal share of the cost of carrying out State programs, to enable eligible area agencies on aging to provide multifaceted systems of support services for family caregivers, and other caregivers, who are informal providers of in-home and community care to older individuals. ``(b) Family Caregiver Support Services.--In providing services under this subpart, an area agency on aging shall provide support services, including providing-- ``(1) information to eligible caregivers about available services; ``(2) assistance to eligible caregivers in gaining access to the services; ``(3) individual counseling, organization of support groups, and caregiver training to eligible caregivers to assist the caregivers in making decisions and solving problems relating to their caregiving roles; ``(4) respite care to enable eligible caregivers to be temporarily relieved from their caregiving responsibilities; and ``(5) supplemental services, on a limited basis, to complement the care provided by eligible caregivers. ``(c) Eligibility and Priority.-- ``(1) Eligibility.--In order for a caregiver of an older individual to be eligible to receive services provided by a State program under this subpart, the State shall-- ``(A) find that the caregiver is a caregiver described in subsection (a); and ``(B) determine that the older individual meets the condition specified in subparagraph (A)(i) or (B) of section 102(28). ``(2) Priority.--In providing the services, the State shall give priority for services to older individuals with greatest social need, older individuals with greatest economic need, and older individuals providing care and supports to persons with mental retardation and related developmental disabilities (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6000) (referred to in this part as ``developmental disabilities'')) consistent with the requirements of section 305(a)(2)(E), and their caregivers. ``(d) Coordination With Service Providers.--In carrying out this subpart, each area agency on aging shall coordinate the activities of the agency with the activities of other community agencies and voluntary organizations providing the types of services described in subsection (b). ``(e) Quality Standards and Mechanisms and Accountability.-- ``(1) Quality standards and mechanisms.--The State shall establish standards and mechanisms designed to assure the quality of services provided with assistance made available under this subpart. ``(2) Data and records.--The State shall collect data and maintain records relating to the State program in a standardized format specified by the Assistant Secretary. The State shall furnish the records to the Assistant Secretary, at such time as the Assistant Secretary may require, in order to enable the Assistant Secretary to monitor State program administration and compliance, and to evaluate and compare the effectiveness of the State programs. ``(3) Reports.--The State shall prepare and submit to the Assistant Secretary reports on the data and records required under paragraph (2), including information on the services funded under this subpart, and standards and mechanisms by which the quality of the services shall be assured. ``(f) Availability of Funds.-- ``(1) In general.--A State shall use the portion of the State allotment under section 304 that is from amounts appropriated under section 303(d) to carry out the State program under this subpart. ``(2) Use of funds for administration of area plans.-- Amounts made available to a State to carry out the State program under this subpart may be used, in addition to amounts available in accordance with section 303(c)(1), for costs of administration of area plans. ``(3) Federal share.-- ``(A) In general.--Notwithstanding section 304(d)(1)(D), the Federal share of the cost of carrying out a State program under this subpart shall be 75 percent. ``(B) Non-federal share.--The non-Federal share of the costs shall be provided from State and local sources. ``SEC. 342. MAINTENANCE OF EFFORT. ``Funds made available under this subpart shall supplement, and not supplant, any Federal, State, or local funds expended by a State or unit of general purpose local government (including an area agency on aging) to provide services described in section 341(b). ``Subpart 2--National Innovation Programs ``SEC. 346. INNOVATION GRANT PROGRAM. ``(a) In General.--The Assistant Secretary shall carry out a program for making grants to appropriate entities on a competitive basis to foster the development and testing of new approaches to-- ``(1) sustaining the efforts of family caregivers and other informal caregivers of older individuals; ``(2) serving the needs of particular groups of caregivers of older individuals, including minority caregivers and distant caregivers; and ``(3) linking family support programs with the State entity or agency that administers or funds programs for persons with mental retardation or related developmental disabilities and their families. ``(b) Evaluation and Dissemination of Results.--The Assistant Secretary shall provide for evaluation of the effectiveness of programs and activities funded with grants made under this section, and for dissemination to States of descriptions and evaluations of the programs and activities, to enable States to incorporate successful approaches into their individual State programs under this part. ``(c) Availability of Funds.-- ``(1) In general.--The Assistant Secretary shall reserve not more than 10 percent of the amount appropriated under section 303(d) for a fiscal year to carry out the program of the Assistant Secretary under this section. ``(2) Native American programs and activities.--Twenty percent of the amount reserved under paragraph (1) shall be available for programs and activities under this section for caregivers serving Indians and Native Hawaiians, as defined in section 625. ``SEC. 347. ACTIVITIES OF NATIONAL SIGNIFICANCE. ``(a) In General.--The Assistant Secretary shall, directly or by grant or contract, carry out activities of national significance to promote quality and continuous improvement in the support services provided to family caregivers and other informal caregivers of older individuals, through program evaluation, training, technical assistance, and research. ``(b) Availability of Funds.--The Assistant Secretary shall reserve not more than 2 percent of the amount appropriated under section 303(d) to carry out the activities under this section.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENTS. (a) Authorization of Appropriations.--Section 303(d) of the Older Americans Act of 1965 (42 U.S.C. 3023(d)) is amended to read as follows: ``(d) There are authorized to be appropriated $125,000,000 for fiscal year 2000, and such sums as may be necessary for each of fiscal years 2001 through 2004, to carry out part D (relating to the national family caregiver support program).''. (b) Allotments to States.--Section 304(a)(1) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)(1)) is amended in the first sentence-- (1) in the matter preceding subparagraph (A), by inserting ``, and remaining after reservations of funds made under sections 346 and 347,'' after ``from the sums appropriated under section 303 for each fiscal year''; and (2) in subparagraphs (A), (B), and (C), by striking ``sum appropriated'' and inserting ``remaining sums''. SEC. 4. AVAILABILITY OF FUNDS FOR REALLOTMENT. Section 304(b) of the Older Americans Act of 1965 (42 U.S.C. 3024(b)) is amended in the first sentence by striking ``part B or C'' and inserting ``part B or C, or subpart 1 of part D,''. SEC. 5. CONFORMING AMENDMENTS. (a) Relocation of Provisions Concerning In-Home Services for Frail Older Individuals.--Section 321 of the Older Americans Act of 1965 (42 U.S.C. 3030d) is amended-- (1) in subsection (a)(5), by striking ``including'' and all that follows and inserting ``including-- ``(A) client assessment, case management services, and development and coordination of community services; ``(B) in-home services for frail older individuals (including supportive activities for older individuals with Alzheimer's disease and related disorders with neurological and organic brain dysfunction) and for the families of the individuals; ``(C) supportive activities to meet the special needs of caregivers, including caretakers who provide in-home services to frail older individuals; and ``(D) in-home services and other community services, including shopping, escort, reader, and letterwriting services, and provision of home-delivered meals and transportation, to assist older individuals to live independently in a home environment;''; and (2) by adding at the end the following: ``(c) In this section, the term `in-home services' includes-- ``(1) homemaker and home health aide services; ``(2) visiting and telephone reassurance; ``(3) chore maintenance; ``(4) in-home respite care for families, and adult day care as a respite service for families; ``(5) minor modification of homes that is necessary to help older individuals remain at home and that is not available under other programs, except that not more than $150 per client may be expended under this part for the modification; ``(6) personal care services; and ``(7) other in-home services as defined-- ``(A) by the State agency in the State plan submitted in accordance with section 307; and ``(B) by the area agency on aging in the area plan submitted in accordance with section 306.''. (b) Repeal of Part G.--Part G (relating to supportive activities for caretakers who provide in-home services to frail older individuals) of title III of the Older Americans Act of 1965 (42 U.S.C. 3030p et seq.) is repealed. (c) Other Conforming Amendments.-- (1) Section 303 of the Older Americans Act of 1965 (42 U.S.C. 3023) is amended by striking subsection (g). (2) Section 304(a) of the Older Americans Act of 1965 (42 U.S.C. 3024(a)) is amended-- (A) in paragraph (1)-- (i) in the first sentence, by striking ``Subject to paragraphs (2) and (3)'' and inserting ``Subject to paragraph (2),''; and (ii) in the last sentence, by striking ``For the purposes of paragraph (3) and the exception'' and inserting ``For the purposes of the exception''; and (B) by striking paragraph (3). (3) Section 306(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3026(a)(2)) is amended by striking subparagraph (B) and inserting the following: ``(B) in-home services (as defined in section 321);''. (4) Section 307(a) of the Older Americans Act of 1965 (42 U.S.C. 3027(a)) is amended-- (A) in paragraph (10), by striking ``section 342'' and inserting ``section 321''; (B) in paragraph (27), by striking ``in-home services under section 341'' and inserting ``in-home services under section 321''; (C) by striking paragraph (40); and (D) in paragraph (44), by inserting ``(as defined in section 321)'' after ``in-home services''. (5) Section 422(b)(11)(A)(ii)(III) of the Older Americans Act of 1965 (42 U.S.C. 3035a(b)(11)(A)(ii)(III)) is amended by striking ``part D'' and inserting ``part B''. (6) Section 429F(a)(2) of the Older Americans Act of 1965 (42 U.S.C. 3035n(a)(2)) is amended by striking ``section 342'' and inserting ``section 321''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act take effect on October 1, 1999.
Authorizes appropriations. Makes unused State grant program funds available for reallotment.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrated Public Alert and Warning System Modernization Act of 2009''. SEC. 2. INTEGRATED PUBLIC ALERT AND WARNING SYSTEM MODERNIZATION. (a) In General.--Section 202 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132) is amended by adding at the end the following: ``(e) Integrated Public Alert and Warning System Modernization.-- ``(1) In general.--To provide timely and effective disaster warnings under this section, the President, acting through the Administrator of the Federal Emergency Management Agency, shall-- ``(A) modernize the integrated public alert and warning system of the United States (in this section referred to as the `public alert and warning system') to ensure that the President under all conditions can alert and warn governmental authorities and the civilian population in areas endangered by disasters; and ``(B) implement the public alert and warning system. ``(2) Implementation requirements.--In carrying out paragraph (1), the Administrator shall, consistent with the recommendations in the final report of the Integrated Public Alert and Warning System Advisory Committee-- ``(A) establish or adopt, as appropriate, common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; ``(B) include in the public alert and warning system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; ``(C) include in the public alert and warning system the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; and ``(D) ensure the conduct of training, tests, and exercises for the public alert and warning system. ``(3) System requirements.--The public alert and warning system shall-- ``(A) incorporate multiple communications technologies; ``(B) be designed to adapt to, and incorporate, future technologies for communicating directly with the public; ``(C) be designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; ``(D) promote local and regional public and private partnerships to enhance community preparedness and response; and ``(E) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. ``(4) Pilot programs.-- ``(A) In general.--The Administrator may conduct pilot programs for the purpose of demonstrating the feasibility of using a variety of methods for achieving the system requirements specified in paragraph (3). ``(B) Report.--Not later than 6 months after the date of enactment of this subsection, and annually thereafter for the duration of the pilot programs, 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 containing-- ``(i) a description and assessment of the effectiveness of the pilot programs; ``(ii) any recommendations of the Administrator for additional authority to continue the pilot programs or make any of the programs permanent; and ``(iii) any other findings and conclusions of the Administrator with respect to the pilot programs. ``(5) Implementation plan.--Not later than 6 months after the date of submission of the final report of the Integrated Public Alert and Warning System Advisory Committee, 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 detailed plan for implementing this subsection. The plan shall include a timeline for implementation, a spending plan, and recommendations for any additional authority that may be necessary to fully implement this subsection. ``(6) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $37,000,000 for fiscal year 2010 and such sums as may be necessary for each fiscal year thereafter.''. (b) Integrated Public Alert and Warning System Modernization Advisory Committee.-- (1) Establishment.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an advisory committee to be known as the Integrated Public Alert and Warning System Advisory Committee (in this subsection referred to as the ``Advisory Committee''). (2) Membership.--The Advisory Committee shall be composed of the following members, to be appointed by the Administrator as soon as practicable after the date of enactment of this Act: (A) The Chairman of the Federal Communications Commission (or the Chairman's designee). (B) The Administrator of the National Oceanic and Atmospheric Administration of the Department of Commerce (or the Administrator's designee). (C) The Assistant Secretary for Communications and Information of the Department of Commerce (or the Assistant Secretary's designee). (D) Representatives of State and local governments, representatives of emergency management agencies, and representatives of emergency response providers, selected from among individuals nominated by national organizations representing governments and personnel. (E) Representatives from federally recognized Indian tribes and national Indian organizations. (F) Individuals who have the requisite technical knowledge and expertise to serve on the Advisory Committee, including representatives of-- (i) communications service providers; (ii) vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services; (iii) third-party service bureaus; (iv) the broadcasting industry; (v) the national organization representing the licensees and permittees of noncommercial broadcast television stations; (vi) the cellular industry; (vii) the cable industry; (viii) the satellite industry; and (ix) national organizations representing individuals with special needs, including individuals with disabilities and the elderly. (G) Qualified representatives of such other stakeholders and interested and affected parties as the Administrator considers appropriate. (3) Chairperson.--The Administrator (or the Administrator's designee) shall serve as the Chairperson of the Advisory Committee. (4) Meetings.-- (A) Initial meeting.--The initial meeting of the Advisory Committee shall take place not later than 60 days after the date of enactment of this Act. (B) Other meetings.--After the initial meeting, the Advisory Committee shall meet at the call of the Chairperson. (C) Notice; open meetings.--Meetings held by the Advisory Committee shall be duly noticed at least 14 days in advance and shall be open to the public. (5) Rules.-- (A) Quorum.--One-third of the members of the Advisory Committee shall constitute a quorum for conducting business of the Advisory Committee. (B) Subcommittees.--To assist the Advisory Committee in carrying out its functions, the Chairperson may establish appropriate subcommittees composed of members of the Advisory Committee and other subject matter experts as the Chairperson considers necessary. (C) Additional rules.--The Advisory Committee may adopt such other rules as are necessary to carry out its duties. (6) Recommendations.--The Advisory Committee shall develop and submit in its final report recommendations for an integrated public alert and warning system, including-- (A) recommendations for common alerting and warning protocols, standards, terminology, and operating procedures for the public alert and warning system; (B) recommendations to provide for a public alert and warning system that-- (i) has the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences, as appropriate; (ii) has the capability to alert and warn individuals with disabilities and individuals with limited English proficiency; (iii) incorporates multiple communications technologies; (iv) is designed to adapt to, and incorporate, future technologies for communicating directly with the public; (v) is designed to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and improve the ability of remote areas to receive alerts; (vi) promotes local and regional public and private partnerships to enhance community preparedness and response; and (vii) provides redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device. (7) Final report.--Not later than one year after the date of enactment of this Act, the Advisory Committee shall submit to the Administrator, 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 containing the recommendations of the Advisory Committee. (8) Federal advisory committee act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Advisory Committee. (9) Termination.--The Advisory Committee shall terminate not later than 60 days following the submission of its final report. (c) Technical Correction.--Section 202(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5132(c)) is amended by striking ``section 611(c)'' and inserting ``section 611(d)''. (d) Limitation on Statutory Construction.--Nothing in this section (including the amendment made by this section) shall be construed to affect the authority of the Department of Commerce or the Federal Communications Commission.
Integrated Public Alert and Warning System Modernization Act of 2009 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the President, acting through the Administrator of the Federal Emergency Management Agency (FEMA), to modernize and implement the integrated U.S. public alert and warning system to ensure that the President can alert governmental authorities and the civilian population in areas endangered by disasters under all conditions. Directs the Administrator, consistent with the final recommendations of the Integrated Public Alert and Warning System Advisory Committee (established by this Act), to: (1) establish common alerting and warning protocols, standards, terminology, and operating procedures; (2) include in such system the capability to adapt the distribution and content of communications on the basis of geographic location, risks, or personal user preferences and to alert individuals with disabilities or limited English proficiency; and (3) ensure the conduct of system training, tests, and exercises. Requires the system to: (1) incorporate multiple communications technologies; (2) be designed to incorporate future technologies for communicating directly with the public, to provide alerts to the largest portion of the affected population feasible, including nonresident visitors and tourists, and to improve the ability of remote areas to receive alerts; (3) promote local and regional partnerships to enhance community preparedness and response; and (4) provide redundant alert mechanisms. Authorizes the Administrator to conduct pilot programs to demonstrate the feasibility of using a variety of methods for achieving system requirements.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Indonesia Military Assistance Accountability Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Political stability and economic growth in Indonesia are important to the national interests of the United States, however, such stability and growth are disrupted by the denial by the Government of Indonesia, including the denial by the armed forces of Indonesia, of-- (A) democratic freedoms, such as meaningful elections, freedom of the press, and freedom of assembly; (B) human rights, such as protection from torture and murder and protection from imprisonment for the nonviolent expression of political views; (C) labor rights; and (D) the rights of citizens to participate in decisions affecting the environment. (2) The Government of Indonesia is in a period of crisis, as illustrated by-- (A) the extensive violations of human rights by the Government of Indonesia documented in the Department of State's Country Reports on Human Rights Practices for 1996; (B) the suppression of peaceful dissent and extreme interference by the government with the media; (C) the deposing of Megawati Sukarnoputri as the head of the Democratic Party of Indonesia (PDI) in 1996; and (D) the rating by Transparency International of the Government of Indonesia as one of the most corrupt governments in the world. (3) The armed forces of Indonesia play a key role in preserving nondemocratic rule in Indonesia by deploying forces at all levels of society to repress peaceful dissent and by participating in nonmilitary economic ventures that are not subject to public scrutiny or reported as sources of income to international financial institutions. (4) The parliamentary elections in Indonesia scheduled for May 1997 may be jeopardized by the actions of the Government of Indonesia, including the actions of the armed forces of Indonesia, because the Government has repeatedly rendered past elections meaningless by denying constitutionally-guaranteed political rights to opposition candidates and their supporters. (5) The Government of Indonesia recognizes only one official trade union, has refused to register independent trade unions such as the Indonesian Prosperous Labor Union (SBSI), has arrested Mukhtar Pakpahan, the General Chairman of the SBSI, on charges of subversion, and has closed the offices and confiscated the materials of the SBSI. (6) Civil society organizations in Indonesia, such as environmental organizations, indigenous organizations, election-monitoring organizations, legal aid organizations, student organizations, trade union organizations, and community organizations, have been harassed by the Government of Indonesia through such means as detentions, interrogations, denial of permission for meetings, banning of publications, repeated orders to report to security forces or judicial courts, and illegal seizure of documents. (7) The armed forces of Indonesia continue to occupy East Timor in violation of two United Nations Security Council resolutions and eight United Nations General Assembly resolutions, and according to the Department of State's Country Reports on Human Rights Practices for 1996, the armed forces continue to carry out torture and killings and other severe violations of human rights in East Timor, and to detain and imprison East Timorese for nonviolent expression of political views. (8)(A) The Nobel Prize Committee has awarded the 1996 Nobel Peace Prize to Bishop Carlos Felipe Ximenes Belo and Jose Ramos Horta for their tireless efforts to find a just and peaceful solution to the conflict in East Timor. (B) Both men are an inspiration for those who desire peace in East Timor. (9) As stated in a citation for the 1996 Nobel Peace Prize, ``it has been estimated that one-third of the population of East Timor has lost their lives due to starvation, epidemics, war, and terror''. (10) The people of East Timor have been forcibly deprived of their right to self-determination by the refusal of the Government of Indonesia to work with the United Nations to resolve the political status of East Timor. (11) In August 1993, the Indonesian military committed to a reduction in the number of combat troops in East Timor. (12) On August 1, 1996, former Secretary of State Warren Christopher stated in testimony before the Committee on Foreign Relations of the Senate, ``I think there's a strong interest in seeing an orderly transition of power there [in Indonesia] that will recognize the pluralism that should exist in a country of that magnitude and importance''. (b) Purpose.--The purpose of this Act is to promote a peaceful transition from nondemocratic to democratic rule in Indonesia by conditioning the provision of United States military assistance to the Government of Indonesia, including the armed forces of Indonesia, on the establishment and implementation of specific democratic reforms. SEC. 3. LIMITATION ON MILITARY ASSISTANCE TO THE GOVERNMENT OF INDONESIA. (a) In General.--United States military assistance and arms transfers may not be provided to the Government of Indonesia for a fiscal year unless the President determines and certifies to the Congress for that fiscal year that the Government of Indonesia meets the following requirements: (1) Free selection of candidates and party leaders; domestic monitoring of elections.-- (A) Free selection of candidates and party leaders.--The Government of Indonesia permits opposition parties, including opposition parties that have collected the appropriate number of signatures of individuals required by the Government in order to have candidates of such parties placed on the ballot for national elections (such as the Democratic Party of Indonesia (PDI)), to freely choose their own party leaders and candidates. (B) Domestic monitoring of elections.--The Government of Indonesia provides official accreditation to independent election-monitoring organizations, including the Independent Election Monitoring Committee (KIPP), to observe national elections without interference by personnel of the Government or of the armed forces. In addition, such organizations are allowed to assess such elections and to publicize or otherwise disseminate the assessments throughout Indonesia. (2) Protection of nongovernmental organizations.--The police or military of Indonesia do not confiscate materials from or otherwise engage in illegal raids on the offices or homes of members of both domestic or international nongovernmental organizations, including indigenous organizations, election-monitoring organizations, legal aid organizations, student organizations, trade union organizations, community organizations, environmental organizations, and religious organizations. (3) Respect for the rule of law.-- (A) Accountability for attack on pdi headquarters.--As recommended by the Government of Indonesia's National Human Rights Commission, the Government of Indonesia has investigated the attack on the headquarters of the Democratic Party of Indonesia (PDI) on July 27, 1996, prosecuted individuals who planned and carried out the attack, and made public the postmortem examination of the five individuals killed in the attack. (B) Release of political prisoners.--The following individuals, detained or imprisoned for the nonviolent expression of political views as part of the crackdown by the Government of Indonesia on July 27, 1996, have been released from custody: (i) Budiman Sudjatmiko. (ii) Mukhtar Pakpahan. (iii) Other individuals detained or imprisoned on subversion charges relating to the crackdown. (4) Resolution of conflict in east timor.-- (A) Establishment of dialogue.--The Government of Indonesia has entered into a process of dialogue, under the auspices of the United Nations, with Portugal and East Timorese leaders of various viewpoints to discuss ideas toward a resolution of the conflict in East Timor and the political status of East Timor. (B) Reduction of troops.--The Government of Indonesia has established and implemented a plan to reduce the number of Indonesian troops in East Timor, as stated by Indonesian Major General Theo Syafei in August 1993. (C) Release of political prisoners.--Individuals detained or imprisoned for the nonviolent expression of political views, including the right of self- determination in East Timor, have been released from custody, including Fernando DeArujo. (D) Religious rights.--The Government of Indonesia-- (i) has prohibited policies and practices of persecution, harassment, detainment, or confinement of individuals in East Timor based on religious grounds; and (ii) has made substantial efforts toward allowing the freedom of religious expression in East Timor. (5) Improvement in labor rights.--The Government of Indonesia has taken the following actions to improve labor rights in Indonesia: (A) The Government has dropped charges of subversion against the General Chairman of the SBSI trade union, Mukhtar Pakpahan, and has released Mukhtar Pakpahan from custody on this charge. (B) The Government has also released from custody trade union activists Dita Indah Sari, Cohen Husein Ponto, and Mohammad Sholeh. (C) The Government has recognized SBSI as a trade union and has restored all confiscated equipment to SBSI. (b) Waivers.-- (1) In general.--The limitation on United States military assistance and arms transfers under subsection (a) shall not apply if the President determines and notifies the Congress that-- (A) an emergency exists that requires providing such assistance or arms transfers for the Government of Indonesia; or (B) subject to paragraph (2), it is in the national security interest of the United States to provide such assistance or arms transfers for the Government of Indonesia. (2) Applicability.--A determination under paragraph (1)(B) shall not become effective until 15 days after the date on which the President notifies the Congress in accordance with such paragraph. (c) Effective Date.--The limitation on United States military assistance and arms transfers under subsection (a) shall apply only with respect to assistance provided for, and arms transfers made pursuant to agreements entered into, fiscal years beginning after the date of the enactment of this Act. SEC. 4. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED. As used in this Act, the term ``United States military assistance and arms transfers'' means-- (1) assistance under chapter 2 of part II of the Foreign Assistance Act of 1961 (relating to military assistance), including the transfer of excess defense articles under section 516 of that Act; (2) assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (relating to international military education and training or ``IMET''), except that such term shall not include military education and training for civilian personnel under section 541 of such Act (commonly referred to as ``Expanded IMET'') that-- (A) promotes dialogue between civilians and military officers of the armed forces of Indonesia on the proper role of the armed forces in a democratic society; or (B) provides for training of civilian officials and military officers of the armed forces of Indonesia on military justice and international human rights standards; or (3) the transfer of defense articles, defense services, or design and construction services under the Arms Export Control Act, excluding-- (A) any transfer or other assistance under section 23 of that Act; or (B) defense articles and defense services licensed or approved for export under section 38 of that Act.
Indonesia Military Assistance Accountability Act - Prohibits U.S. military assistance and arms transfers to the Government of Indonesia unless the President certifies to the Congress that the Government of Indonesia: (1) permits opposition parties to freely choose their own party leaders and candidates; (2) provides for independent election- monitoring organizations to observe national elections without interference by Government or armed forces personnel; (3) provides protection for both domestic and international nongovernmental organizations; (4) has investigated the attack on the headquarters of the Democratic Party of Indonesia on July 26, 1996, and prosecuted those responsible for such attack; (5) has released specified political prisoners; (6) has entered into discussions toward resolution of the conflict in East Timor; and (7) has taken actions to improve labor rights there. Waives such limitations if the President determines and notifies the Congress that: (1) an emergency exists requiring such assistance or arms transfers; or (2) it is in the national security interest of the United States.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Freedom of Information Act''. SEC. 2. INFORMATION ACCESS AND CONSENT. (a) In General.--Section 444 of the General Education Provisions Act (20 U.S.C. 1232g) is amended by adding at the end the following: ``(j) Instructional and Testing Materials.-- ``(1) In general.--No funds shall be made available under any applicable program to any educational agency or institution that has a policy of denying, or that effectively prevents, the parent of an elementary school or secondary school student served by such agency or at such institution, as the case may be, the right to inspect and review any instructional material used with respect to the educational curriculum of, or testing material that has been administered to, the student. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the instructional material or testing material. The granting of each such request shall be made in a reasonable period of time, but shall not exceed 30 days, after the date of the request. ``(2) Grievance process.-- ``(A) In general.--Any educational agency or institution that receives funding under any applicable program shall establish and maintain procedures in accordance with this paragraph for resolving a dispute under this subsection through mediation or through use of arbitration if the dispute is not resolved through mediation. ``(B) Mediation.-- ``(i) Goals of mediation.--The goals of mediation are a prompt resolution of the dispute in a written agreement between the parties. ``(ii) Mediation process.--The mediation process, at a minimum, shall meet the following requirements: ``(I) Be conducted not later than 60 days after a parent's request for access and review of educational and testing materials is denied. ``(II) Not be used to deny or delay a parent's rights afforded under this subsection. ``(III) Be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and is chosen by mutual consent of the involved parties. ``(IV) Be scheduled in a timely manner and be held in a location that is convenient to the parties to the dispute. ``(iii) Costs of mediation.--The costs of mediation shall be paid for by the educational agency or institution, as the case may be. ``(C) Arbitration.-- ``(i) Goal of arbitration.--The goal of arbitration is a prompt resolution of the dispute in the event the parties are unable to reach a written agreement through the mediation process. ``(ii) Arbitration process.--The arbitration process, at a minimum, shall meet the following requirements: ``(I) Be conducted not later than 60 days after failure to resolve the dispute through mediation. ``(II) Be conducted by an independent arbitrator chosen by mutual consent of all parties to the dispute. ``(III) Require the arbitrator to take testimony and order such equitable or declaratory relief as appropriate. ``(IV) Be scheduled in a timely manner and be held in a location that is convenient to the parties to the dispute. ``(V) Be considered final and binding upon all parties to the dispute. ``(iii) Costs of arbitration.--The costs of arbitration shall be shared equally between all parties to the dispute. ``(3) Definitions.--In this subsection: ``(A) Instructional material.--The term `instructional material' means a textbook, audio/visual material, informational material accessible through Internet sites, material in digital or electronic formats, instructional manual, or journal, or any other material supplementary to the educational curriculum of a student. ``(B) Testing material.--The term `testing material' means any test (without responses) after the test is administered to a student during the current school year, and if available, any statistical comparison data regarding the test results with respect to the student's age or grade level. The term does not include a test subject to a copyright or licensing agreement. ``(k) Parental Consent.-- ``(1) In general.--Except as provided in paragraph (2), no funds shall be made available under any applicable program to an educational agency or institution that, without the prior, written, informed consent of the parent of a student requires the student to undergo medical, psychological, or psychiatric examination, testing, treatment, or immunization (except in the case of a medical emergency). ``(2) Exception.--Paragraph (1) shall not apply to directory information as defined in subsection (a)(5)(A) or to medical, psychological, or psychiatric examinations, testing, treatment, or immunizations of students expressly permitted by State law without written parental consent. ``(3) Rule of Construction.--Nothing in paragraph (1) shall be construed as superseding or otherwise affecting informed parental consent requirements under the Individuals with Disabilities Act (20 U.S.C. 1400 et seq.). ``(4) Restriction on seeking information from minors.-- Notwithstanding any other provision of Federal law, in conducting a program or activity funded in whole or in part by the Federal Government a person may not, without the consent of at least 1 parent or guardian of a minor or, in the case of an emancipated minor, the prior consent of the minor, require or otherwise seek the response of the minor to a survey or questionnaire whether written or oral which elicits information concerning any of the following: ``(i) Parental political affiliations or beliefs. ``(ii) Mental or psychological problems. ``(iii) Sexual behavior or attitudes. ``(iv) Illegal, antisocial, or self- incriminating behavior. ``(v) Appraisals of other individuals with whom the minor has a familial relationship. ``(vi) Relationships that are legally recognized as privileged, including those with lawyers, physicians, and members of the clergy. ``(vii) Religious affiliations or beliefs.''. (b) Right of Access.--The third sentence of section 444(a)(1)(A) of the General Education Provisions Act (20 U.S.C. 1232g(a)(1)(A)) is amended by striking ``forty-five'' and inserting ``30''.
Parental Freedom of Information Act - Amends the General Education Provisions Act to require educational agencies or institutions, as a condition for receiving funds for applicable programs, to: (1) neither deny nor prevent the exercise of parental rights to review and inspect instructional materials used in their children's educational curricula; and (2) obtain parental consent before seeking specified types of information from minors, and before performing non-emergency medical psychological, or psychiatric examination, testing, treatment, or immunization of minors.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Industry Training Consortia Act''. SEC. 2. DEFINITION. In this Act: (1) Employer.--The term ``employer'' includes a business. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. TITLE I--SKILL GRANTS SEC. 101. AUTHORIZATION. (a) In General.--The Secretary of Commerce, in consultation and coordination with the Secretary of Labor and the Administrator of the Small Business Administration, shall provide grants to eligible entities described in subsection (b). The Secretary shall provide the grants to encourage employers to form consortia to share the cost of providing, and reduce the risk of investing in, employer-led education and training programs for employees that meet employer needs and market demand in specific occupations, for purposes of strengthening United States competitiveness. (b) Eligible Entities Described.-- (1) In general.--An eligible entity described in this subsection is a consortium that-- (A) shall consist of representatives from not fewer than 10 employers (or nonprofit organizations that represent employers) who are in a common industry or who have common skill needs; and (B) may consist of representatives from 1 or more of the following: (i) Labor organizations. (ii) State and local government agencies. (iii) Education organizations. (2) Majority of representatives.--A majority of the representatives comprising the consortium shall be representatives described in paragraph (1)(A). (c) Priority for Small Businesses.--In providing grants under subsection (a), the Secretary shall give priority to an eligible entity if a majority of representatives forming the entity represent small- business concerns, as described in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (d) Maximum Amount of Grant.--The amount of a grant provided to an eligible entity under subsection (a) may not exceed $1,000,000 for any fiscal year. SEC. 102. APPLICATION. To be eligible to receive a grant under section 101, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 103. USE OF AMOUNTS. (a) In General.--The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees to use amounts received from such grant to develop an employer-led education and training program (which may be focused on developing skills related to computer technology, computer-based manufacturing technology, telecommunications, and other information technologies) necessary to meet employer needs and market demand in specific occupations. (b) Conduct of Program.-- (1) In general.--In carrying out the program described in subsection (a), the eligible entity may provide for-- (A) an assessment of training and job skill needs for industry and other employers; (B) development of a sequence of skill standards that are correlated with advanced industry or occupational practices; (C) development of curriculum and training methods; (D) purchase or receipt of donations of training equipment; (E) identification of education and training providers; (F) development of apprenticeship programs; (G) development of education and training programs for incumbent and dislocated workers and new workers; (H) development of the membership of the entity; (I) development of internship, field, and technical project experiences; and (J) provision of assistance to member employers in their human resource development planning. (2) Additional requirement.--In carrying out the program described in subsection (a), the eligible entity shall-- (A) provide for development and tracking of performance outcome measures for the program and the education and training providers involved in the program; and (B) prepare and submit to the Secretary such reports as the Secretary may require on best practices developed by the entity through the education and training program. (c) Administrative Costs.--The eligible entity may use not more than 10 percent of the amount of such a grant to pay for administrative costs associated with the program described in subsection (a). SEC. 104. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 101 to an eligible entity unless such entity agrees that-- (1) the entity will make available non-Federal contributions toward the costs of carrying out activities under section 103 in an amount that is not less than $2 for each $1 of Federal funds provided under a grant under section 101; and (2) of such non-Federal contributions, not less than $1 of each such $2 shall be from employers with representatives serving on the eligible entity. SEC. 105. LIMIT ON ADMINISTRATIVE EXPENSES. The Secretary may use not more than 5 percent of the funds made available to carry out this title-- (1) to pay for Federal administrative costs associated with making grants under this title, including carrying out activities described in section 106; and (2) to develop and maintain an electronic clearinghouse of information on industry-led training consortia programs. SEC. 106. INFORMATION AND TECHNICAL ASSISTANCE. The Secretary shall distribute information and provide technical assistance to eligible entities on best practices developed through the education and training programs. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for each of the fiscal years 2001, 2002, and 2003. TITLE II--PLANNING GRANTS SEC. 201. AUTHORIZATION. (a) In General.--The Secretary of Commerce, in consultation with the Secretary of Labor, shall provide grants to States to enable the States to assist employers, organizations, and agencies described in section 101(b) in conducting planning to form consortia described in such section. (b) Maximum Amount of Grant.--The amount of a grant provided to a State under subsection (a) may not exceed $500,000 for any fiscal year. SEC. 202. APPLICATION. To be eligible to receive a grant under section 201, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. SEC. 203. REQUIREMENT OF MATCHING FUNDS. The Secretary may not provide a grant under section 201 to a State unless such State agrees that the State will make available non-Federal contributions toward the costs of carrying out activities under this title in an amount that is not less than $1 for each $1 of Federal funds provided under a grant under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $50,000,000 for fiscal year 2001.
Requires such consortia to have a majority of representatives from not fewer than ten employers (or nonprofit organizations that represent employers) in a common industry or with common skill needs. Allows such consortia to have representatives from labor organizations, State and local governments, and education organizations. Gives priority for such grants to eligible entities that consist of a majority of representatives from small businesses. Sets requirements relating to maximum amount of grants, applications, use of program funds, matching funds, administrative expenses, and information and technical assistance. Authorizes appropriations. Title II: Planning Grants - Directs the Secretary of Commerce to make grants to States to assist employers, organizations, and agencies in conducting planning to form consortia under title I. Sets requirements relating to applications and matching funds. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting American Lives Act''. SEC. 2. DEFINITIONS AND SEVERABILITY. (a) Definitions.--In this Act: (1) Department.--The term ``Department'' means the Department of Homeland Security. (2) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (3) State.--The term ``State'' has the meaning given to such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). (b) Severability.--If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. SEC. 3. INFORMATION SHARING REGARDING CRIMINAL ALIENS. Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended-- (1) by striking ``Immigration and Naturalization Service'' each place it appears and inserting ``Department of Homeland Security''; (2) in subsection (a), by striking ``may'' and inserting ``shall''; (3) in subsection (b)-- (A) by striking ``no person or agency may'' and inserting ``a person or agency shall not''; and (B) by striking ``doing any of the following with respect to information'' and inserting ``undertaking any of the following law enforcement activities''; and (4) by striking paragraphs (1) through (3) and inserting the following: ``(1) Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State. ``(2) Complying with requests for information from Federal law enforcement.''; and (5) by adding at the end the following: ``(d) Sanctuary Polices.--Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official shall not issue in the form of resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement. ``(e) Compliance.-- ``(1) In general.--A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive-- ``(A) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the `Cops on the Beat' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or ``(B) any other law enforcement or Department of Homeland Security grant. ``(2) Annual determination.-- ``(A) Requirement.--Not later than March 1 of each year, the Secretary of Homeland Security shall determine which States or political subdivisions of a State are not in compliance with this section and report such determination to Congress. ``(B) Ineligibility for financial assistance.--Any jurisdiction that the Secretary determines is not in compliance under subparagraph (A)-- ``(i) shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year; and ``(ii) shall only become eligible for such assistance after the Secretary certifies that the jurisdiction is in compliance. ``(3) Reallocation.--Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with this section shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. ``(f) State and Local Law Enforcement Provision of Information About Apprehended Aliens.-- ``(1) Provision of information.--In compliance with this section and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with identifying information with respect to each alien in the custody of the State, or a political subdivision of the State, who is believed to be inadmissible or deportable. ``(2) Annual report on compliance.--Not later than March 1 of each year, the Secretary shall determine which States, or the political subdivisions of States, are not in compliance with this section and submit such determination to Congress. ``(g) Reimbursement.--The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (f)(1). ``(h) Construction.--Nothing in this section shall require law enforcement officials of a State, or from political subdivisions of a State-- ``(1) to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense; or ``(2) to otherwise report or arrest such a victim or witness.''. SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS. (a) In General.--Except as otherwise provided by Federal law or rule of procedure, the Secretary shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary's duties. (b) State and Local Cooperation With DHS Detainers.--A State, or a political subdivision of a State, that has in effect a statute or policy or practice providing that it not comply with any Department detainer ordering that it temporarily hold an alien in their custody so that the alien may be taken into Federal custody, or transport the alien for transfer to Federal custody, shall not be eligible to receive-- (1) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the ``Cops on the Beat'' program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or (2) any other law enforcement or Department grant. (c) Immunity.--A State or a political subdivision of a State acting in compliance with a Department detainer who temporarily holds aliens in its custody so that they may be taken into Federal custody, or transports the aliens for transfer to Federal custody, shall be considered to be acting under color of Federal authority for purposes of determining its liability, and immunity from suit, in civil actions brought by the aliens under Federal or State law. (d) Probable Cause.--It is the sense of Congress that the Department has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding such alien under the standards in place on the date of introduction of this Act. SEC. 5. ILLEGAL REENTRY. Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended-- (1) in subsection (a), in the undesignated matter following paragraph (2), by striking ``not more than 2 years,'' and inserting ``not less than 5 years,''; and (2) in subsection (b)-- (A) in paragraph (1), by inserting ``not less than 5 years and'' after ``imprisoned''; (B) in paragraph (2), by inserting ``not less than 5 years and'' after ``imprisoned''; (C) in paragraph (3), by striking ``sentence.'' and inserting ``sentence;''; and (D) in paragraph (4), by inserting ``not less than 5 years and'' after ``imprisoned for''.
Protecting American Lives Act This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to declare that a person or agency shall not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status: notifying the federal government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a state or political subdivision of a state (political subdivision), or complying with federal law enforcement information requests. A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement. A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers from assisting or cooperating with federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties shall not be eligible to receive: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant. States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions. States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable. Nothing in this Act shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness. A state or a political subdivision acting in compliance with a DHS detainer that temporarily holds aliens in its custody so that they may be taken into federal custody, or transports the aliens for transfer to federal custody, shall be considered to be acting under color of federal authority for purposes of determining its liability, and immunity from suit in civil actions brought by the aliens under federal or state law. It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this Act. The Immigration and Nationality Act is amended to increase mandatory minimum sentences for the illegal re-entry of an alien who: (1) was previously denied admission, excluded, deported, or removed; or (2) was removed for certain criminal convictions or excluded for security-related grounds.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Auburn Indian Restoration Amendment Act''. SEC. 2. RESTRICTIONS ON GAMING. Section 202 of the Auburn Indian Restoration Act (25 U.S.C. 1300l) is amended by adding at the end the following new subsection: ``(g) Gaming.-- ``(1) Class II and class III gaming activities shall be lawful only on one parcel of land, which shall be taken into in trust for the Tribe pursuant to section 204(a)(1), but only if-- ``(A) prior to the time such parcel is taken into trust, the Tribe and the local government of the political jurisdiction in which the parcel is located have entered into a compact as required by section 204(e); ``(B) the gaming facility and related infrastructure on such parcel of land are located at least 2 miles from any church, school, or residence which was constructed in a residential zone and which existed on the date of the introduction to the House of Representatives of the Auburn Indian Restoration Amendment Act (June 5, 1997); ``(C) such parcel of land is specifically taken into trust for class II and class III gaming activities; and ``(D) such parcel of land is not part of the land identified in section 204(b). ``(2) If the State of California finds that class III gaming activities have been established in violation of the requirements of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land held in trust for the Tribe, the State may institute an action in a court of competent jurisdiction for injunctive relief to enjoin all class II and class III gaming activities. If a court of competent jurisdiction determines, by a preponderance of the evidence, that Class III gaming activity has been established in violation of the requirements of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) on land held in trust for the Tribe, all Class II and Class III gaming activities shall be unlawful on land held in trust for the Tribe and any such activities may be enjoined by such court. The Tribe shall not raise sovereign immunity as a defense to any such action or to the enforcement or execution of a judgment resulting from such action. ``(3) Except as provided herein, nothing in this Act shall negate or diminish in any way the Tribe's obligation to comply with all provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''. SEC. 3. RESTRICTIONS ON LAND TO BE HELD IN TRUST. (a) Lands To Be Taken Into Trust.--Section 204(a) of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended to read as follows: ``(a) Lands To Be Taken Into Trust.--(1) Upon request of the tribe, the Secretary shall accept forthwith for the benefit of the Tribe any real property located in Placer County, California, if-- ``(A) the property is conveyed or otherwise transferred to the Secretary; ``(B) at the time of the conveyance or transfer pursuant to subparagraph (A), there are no adverse legal claims on such property, including outstanding liens, mortgages, or taxes owed; and ``(C) prior to the Secretary accepting the property the Tribe was in compliance with section 202(g)(1) and 202(g)(3), and subsections (d) and (e) of this section. ``(2) The Secretary may accept, subject to the provisions of this Act, any additional acreage in the Tribe's service area pursuant to the authority of the Secretary, for nongaming related activities or nonresidential purposes under the Act of June 18, 1934 (25 U.S.C. 461 et seq.), provided that the primary function of such additional acreage shall not be the furtherance of gaming activities.''. (b) Use of Land Taken Into Trust for Nongaming Purposes.--Section 204 of the Auburn Indian Restoration Act (25 U.S.C. 1300l-2) is amended by adding at the end the following new subsections: ``(d) Use of Land Taken Into Trust for Nongaming Purposes.--(1) A parcel of real property taken into trust for the Tribe pursuant to the provisions of section 204(a) (1) or (2), for purposes other than class II or class III gaming activities, may only be used and developed in a manner consistent with and in compliance with all general and community plans and zoning ordinances of the local government of the political jurisdiction in which the land to be taken into trust is located which are in effect at the time that the land is taken into trust, and any other provisions agreed to in the compact required by subsection (e). ``(2)(A) In addition to the former trust lands referred to in subsection (b), the Tribe may acquire one parcel of land for residential purposes pursuant to section 204 (a)(1) and (d)(1). ``(B) Any additional real property taken into trust for the Tribe for residential purposes pursuant to section 204 (a)(2) and (d)(1) shall be contiguous to the initial parcel. ``(C) Except as provided in subsection (b), the Secretary shall not take any real property into trust for residential purposes for individual members of the Tribe. ``(e) Compact Required.--(1) After the date of the enactment of the Auburn Indian Restoration Amendment Act, the Secretary shall not take any land into trust for the Tribe until the Tribe and the local government of the political jurisdiction in which the land to be taken into trust is located have entered into a written compact, which the parties shall negotiate in good faith and in a timely manner, and which shall include provisions relating to-- ``(A) location and permissible use of the land to be taken into trust; ``(B) an agreed upon environmental study which provides for the mitigation of any environmental impacts of the proposed development and uses of the land to be taken into trust, and that any mitigation required shall be similar in scope and content to that which would be required of other non-tribal applicants in the local government of the political jurisdiction; ``(C) law enforcement jurisdictional responsibilities and other public services to be provided on the land, consistent with other Federal laws, including any reasonable compensation to the local government of the political jurisdiction for the services and impacts; ``(D) the impact of the removal of the land from the tax rolls; ``(E) building and design standards for any structures proposed to be built on the land, including provisions that such structures shall be built in accordance with standards similar in scope and content to those required of non-tribal applicants in the local jurisdiction; and ``(F) such additional matters as the parties may agree. ``(2) The local government of the political jurisdiction in which the land to be taken into trust is located shall-- ``(A) provide notice of the Tribe's proposal and the terms of the local compact to the public, the State, and the governing bodies of any other local governments in Placer County, California; ``(B) provide the recipients of the notice given under subparagraph (A) with a period of 45 days in which to provide comments; and ``(C) take comments provided under subparagraph (B) into consideration and address them before entering into a local compact. ``(3) The Tribe and the local jurisdiction shall negotiate the compact required by this subsection in good faith. ``(f) Binding Arbitration.--(1) If a dispute arises regarding-- ``(A) the non-compliance of the Tribe or the local jurisdiction with subsection (e)(3); ``(B) the terms of a compact negotiated pursuant to subsection (e); or ``(C) the alleged violation of a compact negotiated pursuant to subsection (e), the Tribe or the local government of the political jurisdiction in which the real property relevant to the dispute is located may submit the dispute to binding arbitration under the United States Arbitration Act (9 U.S.C. 1 et seq.). The Tribe shall not raise sovereign immunity as a defense to arbitration or the enforcement of any arbitration award or any judgment based thereon, and all parties expressly agree to comply with such awards and judgments. ``(2) If the Tribe or the local government of the political jurisdiction in which the real property relevant to the dispute is located elects to submit a dispute to arbitration pursuant to paragraph (1), an arbitration board shall be established to conduct the arbitration and shall consist of-- ``(A) one independent member selected by the Tribe; ``(B) one independent member selected by the local government of the political jurisdiction in which the land relevant to the dispute is located; and ``(C) one member selected by the members selected pursuant to subparagraphs (A) and (B). If the members selected pursuant to subparagraphs (A) and (B) are unable to agree upon a third member within 20 days after selection of the other members, the presiding judge of the Placer County Superior Court shall select the third member. ``(3) The costs of an arbitration proceeding under this subsection, not including attorneys' fees, shall be awarded to the prevailing party in the arbitration as determined by the arbitration board. ``(4) The decision of the arbitration board shall be final and implemented subject only to judicial review as provided for in the United States Arbitration Act (9 U.S.C. 1 et seq.). ``(g) Terms Enforceable.--The terms of subsections (d) and (e) are specifically enforceable in a court of competent jurisdiction by the Tribe and the local government of the political jurisdiction in which the land relevant to a dispute is located against the other. The Tribe shall not raise its sovereign immunity as a defense to such an action or the enforcement or execution of any judgment resulting from such action.''. SEC. 4. DEFINITIONS. Section 208 of the Auburn Indian Restoration Act (25 U.S.C. 1300l- 6) is amended by adding at the end the following new paragraphs: ``(8) The term `class II gaming' has the meaning given that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). ``(9) The term `class III gaming' has the meaning given that term in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).''. Passed the House of Representatives November 9, 1997. Attest: ROBIN H. CARLE, Clerk.
Auburn Indian Restoration Amendment Act - Amends the Auburn Indian Restoration Act to establish restrictions relating to gaming on and use of land to be taken into trust for the United Indian Community of the Auburn Rancheria of California (Tribe). Prohibits the Secretary of the Interior, after enactment of this Act, from taking any land into trust for the Tribe until the Tribe and the local government of the political jurisdiction in which the land to be taken into trust is located have entered into a specified written compact that the parties shall negotiate in good faith and in a timely manner.
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SECTION 1. NONMAILABILITY OF CERTAIN TOBACCO PRODUCTS. (a) In General.--Chapter 30 of title 39, United States Code, is amended by inserting after section 3002a the following: ``Sec. 3002b. Nonmailability of certain tobacco products ``(a) In General.--Cigarettes, smokeless tobacco, and roll-your- own-tobacco-- ``(1) are nonmailable matter; ``(2) shall not be-- ``(A) deposited in the mails; or ``(B) carried or delivered through the mails; and ``(3) shall be disposed of as the Postal Service directs. ``(b) Civil Penalty.-- ``(1) In general.--Any person who violates subsection (a)(2)(A) shall be liable to the United States for a civil penalty in an amount not to exceed $100,000 for each violation. ``(2) Hearings.-- ``(A) In general.--The Postal Service may determine that a person has violated subsection (a)(2)(A) only after notice and an opportunity for a hearing. Proceedings under this paragraph shall be conducted in accordance with section 3001(m). ``(B) Penalty considerations.--In determining the amount of a civil penalty under this paragraph, the Postal Service shall consider-- ``(i) the nature, circumstances, extent, and gravity of the violation; ``(ii) with respect to the violator, the degree of culpability, ability to pay, and any history of prior violations; and ``(iii) such other matters as justice may require. ``(3) Civil actions to collect.--The Postal Service may bring a civil action in an appropriate district court of the United States, in accordance with section 409(g)(2), to collect a civil penalty under this section. ``(4) Disposition of amounts.--Amounts received in payment of any civil penalties under this subsection shall be deposited as miscellaneous receipts in the Treasury of the United States. ``(c) Orders.--Upon evidence satisfactory to the Postal Service that any person is, for commercial or money-making purposes, engaged in the sending of mail matter which is nonmailable under this section, the Postal Service may issue an order which-- ``(1) directs any postmaster, to whom any mailing originating with such person or his representative is tendered for transmission through the mails (other than a mailing that consists only of one or more sealed letters), to refuse to accept any such mailing, unless such person or his representative first establishes to the satisfaction of the postmaster that the mailing does not contain any matter which is nonmailable under this section; and ``(2) requires the person or his representative to cease and desist from mailing any mail matter which is nonmailable under this section. ``(d) Prima Facie Evidence of Purpose.--For the purposes of this section, the repeated mailing of matter which is nonmailable under this section by any person or the advertisement by any person that the person will mail cigarettes, smokeless tobacco, or roll-your-own tobacco in return for payment shall constitute prima facie evidence that such person is engaged, for commercial or money-making purposes, in the mailing of matter which is nonmailable under this section. ``(e) Coordination of Efforts.--In the enforcement of this section, the Postal Service shall cooperate and coordinate its efforts with related activities of any other Federal agency or of any State or local government, whenever appropriate. ``(f) Actions by States Relating to Certain Tobacco Products.-- ``(1) Authority of states.--Whenever the attorney general of a State (or an official or agency of a State or local government designated by the State) has reason to believe that any person has engaged or is engaging in mailings to residents of that State in violation of subsection (a)(2)(A), the State (or designee) may bring, in an appropriate district court of the United States, a civil action to enjoin such mailings, to carry out paragraphs (1) and (4) of subsection (b), or to obtain such other relief as the court may deem appropriate. ``(2) Rights of the postal service.--The State (or designee) shall serve prior written notice of any action under paragraph (1) upon the Postal Service and provide the Postal Service with a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State (or designee) shall serve such notice immediately upon instituting such action. The Postal Service, in accordance with section 409(g)(2), shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal. ``(3) Effect on state court proceedings.--Nothing contained in this section shall be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any general civil or criminal statute of such State. ``(4) Limitation.--Whenever the Postal Service institutes a civil action for violation of subsection (a)(2)(A), no State may, during the pendency of such action instituted by the Postal Service, subsequently institute a separate civil action for any violation of subsection (a)(2)(A) against any defendant named in the Postal Service's complaint. ``(g) Definitions.--For purposes of this section-- ``(1) the terms `cigarette' and `roll-your-own-tobacco' have the meanings given them by section 5702 of the Internal Revenue Code of 1986; ``(2) the term `smokeless tobacco' has the meaning given such term by section 2341 of title 18; and ``(3) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.''. (b) Administrative Subpoenas.--Section 3016(a) of title 39, United States Code, is amended in paragraphs (1)(A) and (2) by inserting ``3002b or'' before ``3005(a)''. (c) Enforcement of Postal Service Orders.--Section 3012 of title 39, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1), by striking ``section 3005(a)(1) or'' and inserting ``section 3002b(c)(1), 3005(a)(1), or''; and (B) in paragraph (2), by inserting ``3002b(c)(2) or'' before ``3005(a)(3)''; (2) in subsection (c), by inserting ``3002b(c) or'' before ``3005(a)'' each place it appears; and (3) in subsection (f), by inserting ``3002b(c) or'' before ``3005'' each place it appears. (d) Semiannual Reports.--Section 3013 of title 39, United States Code, is amended-- (1) in paragraph (1), by inserting ``3002b(b) or'' before ``3005''; and (2) in paragraph (3), by striking ``section 3007 of this title'' and inserting ``section 3002b(c) or section 3007, respectively,''. (e) Clerical Amendment.--The table of sections for chapter 30 of title 39, United States Code, is amended by inserting after the item relating to section 3002a the following: ``3002b. Nonmailability of certain tobacco products.''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the 60th day after the date of the enactment of this Act, and shall apply with respect to any mail matter mailed on or after such 60th day. (2) Semiannual reports.--The amendments made by subsection (d) shall apply beginning with the report submitted for the reporting period in which occurs the 60th day after the date of the enactment of this Act. SEC. 2. TECHNICAL CORRECTION. (a) In General.--Sections 3007(a)(1), 3012(b)(1), and 3018(f)(1) of title 39, United States Code, are amended by striking ``409(d)'' and inserting ``409(g)(2)''. (b) Effective Date.--The amendments made by subsection (a) shall take effect as if included in the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435).
Amends federal postal law to make cigarettes, smokeless tobacco, and roll-your-own-tobacco nonmailable. Requires tobacco products attempted to be mailed to be disposed of as the Postal Service directs. Provides a civil penalty for each mailing violation. Authorizes the Postal Service, on evidence satisfactory to the Postal Service that any person is, for commercial or moneymaking purposes, engaged in the sending of such matter, to: (1) refuse to accept any mailing from that person or his representative unless the person or his representative establishes to the satisfaction of the postmaster that the mailing does not contain such matter; and (2) order the person to cease and desist from mailing such matter. Authorizes civil actions by states to: (1) enjoin mailings to residents of that state; (2) impose civil penalties; or (3) obtain other relief.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Curt Flood Act of 1998''. SEC. 2. PURPOSE. It is the purpose of this legislation to state that major league baseball players are covered under the antitrust laws (i.e., that major league baseball players will have the same rights under the antitrust laws as do other professional athletes, e.g., football and basketball players), along with a provision that makes it clear that the passage of this Act does not change the application of the antitrust laws in any other context or with respect to any other person or entity. SEC. 3. APPLICATION OF THE ANTITRUST LAWS TO PROFESSIONAL MAJOR LEAGUE BASEBALL. The Clayton Act (15 U.S.C. Sec. 12 et seq.) is amended by adding at the end the following new section: ``Sec. 27. (a) Subject to subsections (b) through (d), the conduct, acts, practices, or agreements of persons in the business of organized professional major league baseball directly relating to or affecting employment of major league baseball players to play baseball at the major league level are subject to the antitrust laws to the same extent such conduct, acts, practices, or agreements would be subject to the antitrust laws if engaged in by persons in any other professional sports business affecting interstate commerce. ``(b) No court shall rely on the enactment of this section as a basis for changing the application of the antitrust laws to any conduct, acts, practices, or agreements other than those set forth in subsection (a). This section does not create, permit or imply a cause of action by which to challenge under the antitrust laws, or otherwise apply the antitrust laws to, any conduct, acts, practices, or agreements that do not directly relate to or affect employment of major league baseball players to play baseball at the major league level, including but not limited to-- ``(1) any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting employment to play baseball at the minor league level, any organized professional baseball amateur or first-year player draft, or any reserve clause as applied to minor league players; ``(2) the agreement between organized professional major league baseball teams and the teams of the National Association of Professional Baseball Leagues, commonly known as the `Professional Baseball Agreement', the relationship between organized professional major league baseball and organized professional minor league baseball, or any other matter relating to organized professional baseball's minor leagues; ``(3) any conduct, acts, practices, or agreements of persons engaging in, conducting or participating in the business of organized professional baseball relating to or affecting franchise expansion, location or relocation, franchise ownership issues, including ownership transfers, the relationship between the Office of the Commissioner and franchise owners, the marketing or sales of the entertainment product of organized professional baseball and the licensing of intellectual property rights owned or held by organized professional baseball teams individually or collectively; ``(4) any conduct, acts, practices, or agreements protected by Public Law 87-331 (15 U.S.C. Sec. 1291 et seq.) (commonly known as the `Sports Broadcasting Act of 1961'); ``(5) the relationship between persons in the business of organized professional baseball and umpires or other individuals who are employed in the business of organized professional baseball by such persons; or ``(6) any conduct, acts, practices, or agreements of persons not in the business of organized professional major league baseball. ``(c) Only a major league baseball player has standing to sue under this section. For the purposes of this section, a major league baseball player is-- ``(1) a person who is a party to a major league player's contract, or is playing baseball at the major league level; or ``(2) a person who was a party to a major league player's contract or playing baseball at the major league level at the time of the injury that is the subject of the complaint; or ``(3) a person who has been a party to a major league player's contract or who has played baseball at the major league level, and who claims he has been injured in his efforts to secure a subsequent major league player's contract by an alleged violation of the antitrust laws: Provided however, That for the purposes of this paragraph, the alleged antitrust violation shall not include any conduct, acts, practices, or agreements of persons in the business of organized professional baseball relating to or affecting employment to play baseball at the minor league level, including any organized professional baseball amateur or first-year player draft, or any reserve clause as applied to minor league players; or ``(4) a person who was a party to a major league player's contract or who was playing baseball at the major league level at the conclusion of the last full championship season immediately preceding the expiration of the last collective bargaining agreement between persons in the business of organized professional major league baseball and the exclusive collective bargaining representative of major league baseball players. ``(d)(1) As used in this section, `person' means any entity, including an individual, partnership, corporation, trust or unincorporated association or any combination or association thereof. As used in this section, the National Association of Professional Baseball Leagues, its member leagues and the clubs of those leagues, are not `in the business of organized professional major league baseball'. ``(2) In cases involving conduct, acts, practices, or agreements that directly relate to or affect both employment of major league baseball players to play baseball at the major league level and also relate to or affect any other aspect of organized professional baseball, including but not limited to employment to play baseball at the minor league level and the other areas set forth in subsection (b), only those components, portions or aspects of such conduct, acts, practices, or agreements that directly relate to or affect employment of major league players to play baseball at the major league level may be challenged under subsection (a) and then only to the extent that they directly relate to or affect employment of major league baseball players to play baseball at the major league level. ``(3) As used in subsection (a), interpretation of the term `directly' shall not be governed by any interpretation of section 151 et seq. of title 29, United States Code (as amended). ``(4) Nothing in this section shall be construed to affect the application to organized professional baseball of the nonstatutory labor exemption from the antitrust laws. ``(5) The scope of the conduct, acts, practices, or agreements covered by subsection (b) shall not be strictly or narrowly construed.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.
Curt Flood Act of 1998 - Amends the Clayton Act to declare that the antitrust laws apply to the conduct, acts, practices, or agreements (conduct) of persons in the business of organized professional major league baseball relating to or affecting employment of major league baseball players to play baseball at the major league level to the same extent that such laws apply to such conduct of any other professional sports business affecting interstate commerce. Grants standing to sue under this Act only to a major league baseball player, as defined by this Act. Specifies that in cases involving conduct that directly relates to or affects both employment of major league baseball players to play baseball at the major league level and any other aspect of organized professional baseball, only those components, portions, or aspects of such conduct that directly relate to or affect employment of major league baseball players to play baseball at the major league level may be challenged under this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voluntary Protection Program Act''. SEC. 2. VOLUNTARY PROTECTION PROGRAM. (a) Cooperative Agreements.--The Secretary of Labor shall establish a program of entering into cooperative agreements with employers to encourage the establishment of comprehensive safety and health management systems that include-- (1) requirements for systematic assessment of hazards; (2) comprehensive hazard prevention, mitigation, and control programs; (3) active and meaningful management and employee participation in the voluntary program described in subsection (b); and (4) employee safety and health training. (b) Voluntary Protection Program.-- (1) In general.--The Secretary of Labor shall establish and carry out a voluntary protection program (consistent with subsection (a)) to encourage excellence and recognize the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (2) Program requirements.--The voluntary protection program shall include the following: (A) Application.--Employers who volunteer under the program shall be required to submit an application to the Secretary of Labor demonstrating that the worksite with respect to which the application is made meets such requirements as the Secretary of Labor may require for participation in the program. (B) Onsite evaluations.--There shall be onsite evaluations by representatives of the Secretary of Labor to ensure a high level of protection of employees. The onsite visits shall not result in enforcement of citations under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). (C) Information.--Employers who are approved by the Secretary of Labor for participation in the program shall assure the Secretary of Labor that information about the safety and health program shall be made readily available to the Secretary of Labor to share with employees. (D) Reevaluations.--Periodic reevaluations by the Secretary of Labor of the employers shall be required for continued participation in the program. (3) Monitoring.--To ensure proper controls and measurement of program performance for the voluntary protection program under this section, the Secretary of Labor shall direct the Assistant Secretary of Labor for Occupational Safety and Health to take the following actions: (A) Develop a documentation policy regarding information on follow-up actions taken by the regional offices of the Occupational Safety and Health Administration in response to fatalities and serious injuries at worksites participating in the voluntary protection program. (B) Establish internal controls that ensure consistent compliance by the regional offices of the Occupational Safety and Health Administration with the voluntary protection program policies of the Occupational Safety and Health Administration for conducting onsite reviews and monitoring injury and illness rates, to ensure that only qualified worksites participate in the program. (C) Establish a system for monitoring the performance of the voluntary protection program by developing specific performance goals and measures for the program. (4) Exemptions.--A site with respect to which a voluntary protection program has been approved shall, during participation in the program, be exempt from inspections or investigations and certain paperwork requirements to be determined by the Secretary of Labor, except that this paragraph shall not apply to inspections or investigations arising from employee complaints, fatalities, catastrophes, or significant toxic releases. (5) No payments required.--The Secretary of Labor shall not require any form of payment for an employer to qualify or participate in the voluntary protection program. (c) Transition.--The Secretary of Labor shall take such steps as may be necessary for the orderly transition from the cooperative agreements and voluntary protection programs carried out by the Occupational Safety and Health Administration as of the day before the date of enactment of this Act, to the cooperative agreements and voluntary protection program authorized under this section. In making such transition, the Secretary shall ensure that-- (1) the voluntary protection program authorized under this section is based upon and consistent with the voluntary protection programs carried out on the day before the date of enactment of this Act; and (2) each employer that, as of the day before the date of enactment of this Act, had an active cooperative agreement under the voluntary protection programs carried out by the Occupational Safety and Health Administration and was in good standing with respect to the duties and responsibilities under such agreement, shall have the option to continue participating in the voluntary protection program authorized under this section. SEC. 3. EXPANDED ACCESS TO VOLUNTARY PROTECTION PROGRAM FOR SMALL BUSINESSES. The Secretary of Labor shall establish and implement, by regulation, a program to increase participation by small businesses (as the term is defined by the Administrator of the Small Business Administration) in the voluntary protection program established under section 2 through outreach and assistance initiatives and the development of program requirements that address the needs of small businesses. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2011 and each succeeding fiscal year.
Voluntary Protection Program Act - Directs the Secretary of Labor to enter into cooperative agreements with employers to: (1) encourage establishment of comprehensive safety and health management systems to protect employees from occupational hazards; and (2) establish a voluntary protection program to encourage excellence and recognize its achievement in both the technical and managerial protection of employees from occupational hazards. Requires the Secretary to take necessary steps for the orderly transition from Occupational Safety and Health Administration (OSHA) cooperative agreements and voluntary protection programs existing before enactment of this Act to agreements and programs authorized under this Act. Directs the Secretary to establish a program to increase small business participation in the voluntary protection program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Cancer-Free Label Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Approximately 1.5 million Americans, including children, are diagnosed with cancer annually. (2) Over 500,000 Americans die from cancer every year. (3) Less than 5 percent of all cancers are caused by genetic factors. (4) Cancer is the top cause of disease-related death for American children and adolescents. (5) Children are more vulnerable to environmental carcinogens than adults. (6) Reducing exposure to carcinogens reduces risk of cancer. (7) The average consumer currently lacks the ability to easily identify products that do not contain carcinogens. (8) Consumers benefit from additional information about the potential health impact of products they use. (9) When comparing products to purchase for their families, many consumers use potential health impact as a determining factor. (10) The 2008-2009 Annual Report of the President's Cancer Panel urges action to prevent environmental and occupational exposure to carcinogens. (b) Purpose.--The purpose of this Act is to enable consumers to reduce their exposure to carcinogens by allowing manufacturers to affix a Cancer-Free label to products that do not contain known or probable carcinogens through a voluntary process that does not require public disclosure of trade secrets. SEC. 3. CANCER-FREE LABELS. (a) In General.--The head of each Federal department or agency that regulates a covered product shall establish in that department or agency a program to permit the labeling of covered products that do not contain any carcinogens as ``Cancer-Free''. (b) Development of Label.--The heads of each Federal department or agency that regulates a covered product shall coordinate to develop an easily recognizable label to be affixed to a covered product to signify that the product has been approved for labeling as ``Cancer-Free''. Such label shall include the following notice: ``This product does not contain known or likely carcinogens that increase your risk of cancer.''. (c) Premarket Approval of Label.-- (1) In general.--It shall be unlawful to introduce or offer for introduction into interstate commerce a covered product affixed with a ``Cancer-Free'' label described under subsection (b)-- (A) if the head of each Federal department or agency that regulates the product has not approved an application submitted under paragraph (2) for the labeling of the product as ``Cancer-Free''; or (B) if the product contains any substance that is not listed in such application. (2) Application.--Any person may submit an application for the labeling of a covered product as ``Cancer-Free''. Such application shall include a list of all the substances contained within the product, and shall be accompanied by a sample of the product. (3) Criteria for approval.--The head of each Federal department or agency to which an application is submitted under paragraph (2) shall approve the application if such head determines that-- (A) the application accurately lists all substances contained in the product; (B) the product does not contain any carcinogens; (C) the product does not contain any substances that display carcinogenicity upon degradation, upon interactions with other substances contained within the product or exposed to the product, during storage or transportation, or during intended use of the product, as determined by such head based on previous findings made by such department or agency; and (D) the applicant has demonstrated a plan to comply with guidance issued under subsection (e) relating to manufacture, storage, and transportation. (4) Confidentiality of information.--Any information provided to the head of a Federal department or agency under paragraph (2)-- (A) shall be kept confidential by such department or agency, and shall be treated as trade secrets or confidential information for purposes of section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code; (B) may not be used for any purpose other than approval of an application under this subsection; and (C) may not be made public except with the prior written consent of the applicant. Submission of an application under paragraph (2) does not constitute disclosure of trade secrets by the applicant or public disclosure for the determination of patentability, and any information contained in an application may not be used as prior art to a claimed invention. (5) Label integrity.--The head of each agency to which applications are submitted under paragraph (2) shall-- (A) conduct random testing of covered products for which applications are submitted for approval under such paragraph to ensure that the applications accurately list all the substances contained in such products; (B) conduct random audits of facilities in which such covered products are manufactured; and (C) take reasonable measures to ensure compliance with agency guidance issued under subsection (e) relating to manufacture, storage, and transportation of such covered products. (6) Fees.--The head of each Federal department or agency may charge a reasonable fee for the submission and approval of an application under paragraph (2). The amount of such fee shall be the amount necessary to result in an estimated total revenue from all such fees received by the department or agency that is equal to the estimated total cost of the program established by the department or agency under subparagraph (a). (d) Penalty for Violations.--In addition to any other penalty authorized by law, any person who knowingly violates subparagraph (A) or (B) of subsection (c)(1) shall be subject to a civil penalty of not more than $100,000. (e) Guidance To Prevent Indirect Introduction of Carcinogens.--The head of each Federal department or agency that regulates a covered product shall issue guidance to prevent the introduction of carcinogens into such covered product during the manufacture, storage, and transportation of such covered product. (f) National List.--The head of each Federal department or agency that regulates a covered product shall each post on the public website of that department or agency a list of all covered products regulated by that department or agency that have been approved for labeling as ``Cancer-Free''. (g) Definitions.--In this section: (1) Carcinogen.--The term ``carcinogen'' means any of the following: (A) A substance listed in the National Toxicology Program Report on Carcinogens as known to be a human carcinogen or reasonably anticipated to be a human carcinogen. (B) A substance described in the Environmental Protection Agency Integrated Risk Information System as carcinogenic to humans or likely to be carcinogenic to humans. (2) Covered product.--The term ``covered product'' means any product offered for sale that-- (A) is regulated by the Food and Drug Administration, the Environmental Protection Agency, the Department of Agriculture, or the Consumer Product Safety Commission; and (B) is intended for individual or residential use.
Cancer-Free Label Act of 2012 - Directs the head of each federal agency that regulates a covered product to establish a program to permit the labeling of such a product that does not contain any carcinogens as "Cancer-Free." Defines a "covered product" to mean any product offered for sale that is: (1) regulated by the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), or the Consumer Product Safety Commission (CPSC); and (2) intended for individual or residential use. Requires such agency heads to coordinate to develop an easily recognizable label: (1) to be affixed to a covered product to signify that it has been approved for "Cancer-Free" labeling, and (2) to include a notice stating that "This product does not contain known or likely carcinogens that increase your risk of cancer." Prohibits the introduction or offering for introduction into interstate commerce of a covered product affixed with a "Cancer-Free" label if: (1) the head of each federal agency that regulates the product has not approved an application for the labeling of the product as "Cancer-Free," or (2) the product contains any substance that is not listed in such application. Sets forth requirements regarding: (1) application approval and confidentiality; (2) random testing of covered products, random audits of facilities in which such products are manufactured, and measures to ensure compliance with agency guidance; (3) application fees; and (4) penalties for violations. Requires such agency heads to: (1) issue guidance to prevent the introduction of carcinogens into such product during its manufacture, storage, and transportation; and (2) post on the agency's public website a list of all covered products regulated by that agency that have been approved for labeling as "Cancer-Free."
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Bias Crimes Compensation Act of 1997''. SEC. 2. CIVIL RIGHTS. (a) Findings.--The Congress finds that-- (1) bias-motivated crimes of violence constitute crimes in violation of the victim's right to be free from discrimination on the basis of actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability; (2) State and Federal criminal laws do not adequately protect against the bias element of bias-motivated crimes of violence, which separates these crimes from acts of random violence, nor do those laws adequately provide victims of bias- motivated crimes of violence the opportunity to vindicate their interests; (3) existing bias and discrimination in the criminal justice system often deprive victims of bias-motivated crimes of violence of equal protection of the laws and the redress to which they are entitled; (4) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by deterring potential victims from traveling interstate, from engaging in employment in interstate business, and from transacting with business, and in places involved, in interstate commerce; (5) bias-motivated crimes of violence have a substantial adverse effect on interstate commerce, by diminishing national productivity, increasing medical and other costs, and decreasing the supply of and the demand for interstate products; (6) a Federal civil rights claim, as created in this section, is necessary to guarantee equal protection of the laws and to reduce the substantial adverse effects of bias-motivated crimes of violence on interstate commerce; and (7) victims of bias-motivated crimes of violence have a right to equal protection of the laws, including a system of justice that is unaffected by bias or discrimination and that, at every relevant stage, treats such crimes as seriously as other violent crimes. (b) Right.--All individuals within the United States, and the special maritime and territorial jurisdiction of the United States, shall have the right to be free from bias-motivated crimes of violence. (c) Claim.--Any person, including a person who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of the right secured by subsection (b) shall be liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. (d) Limitation, Procedure, and Rule of Construction.-- (1) Limitation.--Nothing in this section entitles an individual to a claim under subsection (c) for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias- motivated crimes of violence. (2) No prior criminal action.--Nothing in this section requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of a claim under subsection (c). (3) Concurrent jurisdiction.--The Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. (4) Rule of construction.--Neither section 1367 of title 28 of the United States Code nor subsection (c) of this section shall be construed, by reason of a claim arising under such subsection, to confer on the courts of the United States supplemental jurisdiction of any State law claim seeking the establishment of a divorce, alimony, equitable distribution of marital property, or child custody decree. (e) Definitions.--For purposes of this section-- (1) the term ``bias-motivated'' means committed because of, on the basis of, and due to (at least in part) an animus based on, actual or perceived race, color, gender, religion, national origin, ethnicity, sexual orientation, or physical or mental disability of the victim; (2) the term ``crime of violence'' means-- (A) an act or series of acts that would constitute State or Federal offense of a kind described in section 16 of title 18, United States Code, and punishable by a maximum term of imprisonment exceeding one year, but excludes an offense against property that presents no serious risk of physical or mental disability injury to an individual; or (B) one or more actions that would constitute such offense but for the relationship between the person who takes such actions and the individual against whom such actions are taken; whether or not such offense or such actions result in criminal charges, prosecution, or conviction and whether or not such actions were taken within the United States or the special maritime and territorial jurisdiction of the United States; (3) the term ``disability'' has the meaning given it in section 3(2) of the Americans With Disabilities Act of 1990 (42 U.S.C. 12102(2)); and (4) the term ``special maritime and territorial jurisdiction of the United States'' has the meaning given such term in section 7 of title 18, United States Code. (f) Limitation on Removal.--Section 1445 of title 28, United States Code, is amended by adding at the end the following: ``(e) A civil action in any State court arising under section 2 of the Bias Crimes Compensation Act of 1993 may not be removed to any district court of the United States.''. (g) Authority To Award Attorney's Fee.--Section 722(b) of the Revised Statutes of the United States (42 U.S.C. 1988(b)) is amended by inserting ``section 2 of the Bias Crimes Compensation Act of 1993,'' after ``Public Law 92-318,''.
Bias Crimes Compensation Act of 1997 - Declares that all individuals within the United States, and its special maritime and territorial jurisdiction, shall have the right to be free from bias-motivated crimes of violence. Makes any person, including one who acts under color of any statute, ordinance, regulation, custom, or usage of any State, who deprives an individual of such right, liable to the individual injured, in a civil action in any court of competent jurisdiction, for compensatory damages of not less than $100,000, punitive damages, injunctive relief, declaratory relief, or any combination thereof. Specifies that nothing in this Act: (1) entitles an individual to a claim herein for random acts of violence unrelated to bias or for acts that cannot be demonstrated, by a preponderance of the evidence, to be bias-motivated crimes of violence; and (2) requires a prior criminal complaint, prosecution, or conviction to establish the necessary elements of such a claim. Grants the Federal and State courts concurrent jurisdiction over actions brought under this Act. Prohibits a civil action in State court arising under this Act from being removed to U.S. district court. Authorizes the court to award attorney's fees to the prevailing party in cases brought under this Act, subject to specified limitations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Global Access Policy Act of 2016'' or the ``Digital GAP Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the efforts of developing countries to improve mobile and fixed access to the Internet in order to spur economic growth and job creation, improve health, education, and financial services, reduce poverty and gender inequality, mitigate disasters, promote democracy and good governance, strengthen cybersecurity, and update the Department of State's structure to address cyberspace policy. SEC. 3. FINDINGS. Congress finds the following: (1) Since 2005, the number of Internet users has more than tripled from 1 billion to 3.2 billion. (2) 4.2 billion people, 60 percent of the world's population, remain offline and the growth rate of Internet access is slowing. An estimated 75 percent of the offline population lives in just 20 countries and is largely rural, female, elderly, illiterate, and low-income. (3) Studies suggest that across the developing world, women are nearly 50 percent less likely to access the Internet than men living within the same communities, and that this digital gender divide carries with it a great economic cost. According to a study, ``Women and the Web'', bringing an additional 600 million women online would contribute $13 billion-$18 billion to annual GDP across 144 developing countries. (4) Without increased Internet access, the developing world risks falling behind. (5) Internet access in developing countries is hampered by a lack of infrastructure and a poor regulatory environment for investment. (6) Build-once policies and approaches are policies or practices that minimize the number and scale of excavation and construction activities when installing telecommunications infrastructure in rights-of-way, thereby lowering the installation costs for high-speed Internet networks and serve as a development best practice. SEC. 4. STATEMENT OF POLICY. Congress declares that it is the policy of the United States to partner, consult, and coordinate with the governments of foreign countries, international organizations, regional economic communities, businesses, civil society, and other stakeholders in a concerted effort to-- (1) promote first-time Internet access to mobile or broadband Internet for at least 1.5 billion people in developing countries by 2020 in both urban and rural areas; (2) promote Internet deployment and related coordination, capacity building, and build-once policies and approaches in developing countries, including actions to encourage-- (A) a build-once approach by standardizing the inclusion of broadband conduit pipes which house fiber optic communications cable that support broadband or wireless facilities for broadband service as part of rights-of-way projects, including sewers, power transmission facilities, rail, pipelines, bridges, tunnels, and roads, that are funded, co-funded, or partially financed by the United States or any international organization that includes the United States as a member, in consultation with telecommunications providers, unless a cost-benefit analysis determines that the cost of such approach outweighs the benefits; (B) national and local government agencies of developing countries and donor governments and organizations to coordinate road building, pipe laying, and major infrastructure with the private sector so that, for example, fiber optic cable could be laid below roads at the time such roads are built; and (C) international organizations to increase their financial support, including grants and loans, and technical assistance to expand information and communications access and Internet connectivity; (3) promote policy changes that encourage first-time affordable access to the Internet in developing countries, including actions to encourage-- (A) integration of universal and gender-equitable Internet access goals, to be informed by the collection of related gender disaggregated data, and Internet tools into national development plans and United States Government country-level strategies; (B) reforms of competition laws and spectrum allocation processes that may impede the ability of companies to provide Internet services; and (C) efforts to improve procurement processes to help attract and incentivize investment in Internet infrastructure; (4) promote the removal of tax and regulatory barriers to Internet access; (5) promote the use of the Internet to increase economic growth and trade, including-- (A) policies and strategies to remove restrictions to e-commerce, cross-border information flows, and competitive marketplaces; and (B) entrepreneurship and distance learning enabled by access to technology; (6) promote the use of the Internet to bolster democracy, government accountability, transparency, and human rights, including-- (A) policies, initiatives, and investments, including the development of national Internet plans, that are consistent with United States human rights goals, including freedom of expression, religion, and association; (B) policies and initiatives aimed at promoting the multistakeholder model of Internet governance; and (C) policies and support programs, research, and technologies that safeguard human rights and fundamental freedoms online, and enable political organizing and activism, free speech, and religious expression that are in compliance with international human rights standards; (7) promote Internet access and inclusion into Internet policymaking for women, people with disabilities, minorities, low-income and marginalized groups, and underserved populations; and (8) promote cybersecurity and data protection, including international use of the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity that are industry-led, globally recognized cybersecurity standards and best practices. SEC. 5. DEPARTMENT OF STATE ORGANIZATION. (a) Sense of Congress.--It is the sense of Congress that the Secretary of State should redesignate an existing Assistant Secretary position to be the Assistant Secretary for Cyberspace to lead the Department of State's diplomatic cyberspace policy generally, including for cybersecurity, Internet access, Internet freedom, and to promote an open, secure, and reliable information and communications technology infrastructure. (b) Activities.--In recognition of the added value of technical knowledge and expertise in the policymaking and diplomatic channels, the Secretary of State should-- (1) update existing training programs relevant to policy discussions; and (2) promote the recruitment of candidates with technical expertise into the Civil Service and the Foreign Service. (c) Offset.--To offset any costs incurred by the Department of State to carry out the designation of an Assistant Secretary for Cyberspace in accordance with subsection (a), the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (d) Rule of Construction.--The redesignation of the Assistant Secretary position described in subsection (a) may not be construed as increasing the number of Assistant Secretary positions at the Department of State above the current level of 24 as authorized in section 1(c)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)). SEC. 6. USAID. It is the sense of Congress that the Administrator of the United States Agency for International Development should-- (1) integrate efforts to expand Internet access, develop appropriate technologies, and enhance digital literacy into the education, development, and economic growth programs of the agency, where appropriate; (2) expand the utilization of information and communications technologies in humanitarian aid and disaster relief responses and United States operations involving stabilization and security to improve donor coordination, reduce duplication and waste, capture and share lessons learned, and augment disaster preparedness and risk mitigation strategies; and (3) establish and promote guidelines for the protection of personal information of individuals served by humanitarian, disaster, and development programs directly through the United States Government, through contracts funded by the United States Government and by international organizations. SEC. 7. PEACE CORPS. Section 3 of the Peace Corps Act (22 U.S.C. 2502) is amended by-- (1) redesignating subsection (h) as subsection (e); and (2) by adding at the end the following new subsections: ``(f) It is the sense of Congress that access to technology can transform agriculture, community economic development, education, environment, health, and youth development which are the sectors in which Peace Corps currently develops positions for Volunteers. ``(g) In giving attention to the programs, projects, training, and other activities referred to in subsection (f), the Peace Corps should develop positions for Volunteers that are focused on leveraging technology for development, education, and social and economic mobility.''. SEC. 8. LEVERAGING INTERNATIONAL SUPPORT. In pursuing the policy described in section 4, the President should direct United States representatives to appropriate international bodies to use the influence of the United States, consistent with the broad development goals of the United States, to advocate that each such body-- (1) commit to increase efforts to promote gender-equitable Internet access, in partnership with stakeholders and consistent with host countries' absorptive capacity; (2) enhance coordination with stakeholders in increasing affordable and gender-equitable access to the Internet; (3) integrate gender-equitable affordable Internet access into existing economic and business assessments, evaluations, and indexes such as the Millennium Challenge Corporation constraints analysis, the Doing Business Report, International Monetary Fund Article IV assessments and country reports, the Open Data Barometer, and the Affordability Drivers Index; (4) standardize inclusion of broadband conduit--fiber optic cables that support broadband or wireless facilities for broadband service--as part of highway or highway-comparable construction projects in developing countries, in consultation with telecommunications providers, unless such inclusion would create an undue burden, is not necessary based on the availability of existing broadband infrastructure, or a cost- benefit analysis determines that the cost outweighs the benefits; (5) provide technical assistance to the regulatory authorities in developing countries to remove unnecessary barriers to investment in otherwise commercially viable projects and strengthen weak regulations or develop new ones to support market growth and development; (6) utilize clear, accountable, and metric-based targets, including targets with gender-disaggregated metrics, to measure the effectiveness of efforts to promote Internet access; and (7) promote and protect human rights online, such as the freedoms of speech, assembly, association, religion, and belief, through resolutions, public statements, projects, and initiatives, and advocating that other member states of such bodies are held accountable when major violations are uncovered. SEC. 9. PARTNERSHIP FRAMEWORK. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate plans to promote partnerships by United States development agencies, including the United States Agency for International Development and the Millennium Challenge Corporation, as well as international agencies funded by the United States Government for partnership with stakeholders, that contain the following elements: (1) Methods for stakeholders to partner with such agencies in order to provide Internet access or Internet infrastructure in developing countries. (2) Methods of outreach to stakeholders to explore partnership opportunities for expanding Internet access or Internet infrastructure, including coordination with the private sector, when financing roads and telecommunications infrastructure. (3) Methods for early consultation with stakeholders concerning projects in telecommunications and road construction to provide Internet access or Internet infrastructure. SEC. 10. REPORTING REQUIREMENT ON IMPLEMENTATION EFFORTS. Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on efforts to implement the policy specified in section 4 and a discussion of the plans and existing efforts by the United States Government in developing countries to accomplish the following: (1) Develop a technical and regulatory road map for promoting Internet access in developing countries and a path to implementing such road map. (2) Identify the regulatory barriers that may unduly impede Internet access, including regulation of wireline broadband deployment or the infrastructure to augment wireless broadband deployment. (3) Strengthen and support development of regulations that incentivize market growth and sector development. (4) Encourage further public and private investment in Internet infrastructure, including broadband networks and services. (5) Increase gender-equitable Internet access and otherwise encourage or support Internet deployment, competition, and adoption. (6) Improve the affordability of Internet access. (7) Promote technology and cybersecurity capacity building efforts and consult technical experts for advice regarding options to accelerate the advancement of Internet deployment, adoption, and usage. (8) Promote Internet freedom globally and include civil society and the private sector in the formulation of policies, projects, and advocacy efforts to protect human rights online. (9) Promote and strengthen the multistakeholder model of Internet governance and actively participate in multistakeholder international fora, such as the Internet Governance Forum. SEC. 11. CYBERSPACE STRATEGY. The President should include in the next White House Cyberspace Strategy information relating to the following: (1) Methods to promote Internet access in developing countries. (2) Methods to globally promote cybersecurity policy consistent with the National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity. (3) Methods to promote global Internet freedom principles, such as the freedoms of expression, assembly, association, and religion, while combating efforts to impose restrictions on such freedoms. SEC. 12. DEFINITION. In this Act-- (1) Build once policies and approaches.--The term ``build once policies and approaches'' means policies or practices that minimize the number and scale of excavation and construction activities when installing telecommunications infrastructure in rights-of-way. (2) Cyberspace.--The term ``cyberspace'' means the interdependent network of information technology infrastructures, and includes the Internet, telecommunications networks, computer systems, and embedded processors and controllers in critical industries, and includes the virtual environment of information and interactions between people. (3) Stakeholders.--The term ``stakeholders'' means the private sector, the public sector, cooperatives, civil society, the technical community that develops Internet technologies, standards, implementation, operations, and applications, and other groups that are working to increase Internet access or are impacted by the lack of Internet access in their communities. Passed the House of Representatives September 7, 2016. Attest: KAREN L. HAAS, Clerk.
Digital Global Access Policy Act of 2016 or the Digital GAP Act (Sec. 4) This bill declares that it is U.S. policy to coordinate with foreign governments, international organizations, regional economic communities, businesses, and civil society to promote in developing countries: first-time, affordable Internet access; Internet deployment and capacity building; removal of tax and regulatory barriers to Internet access; Internet use to increase economic growth and tradeand to bolster democracy, government accountability, transparency, and human rights; Internet access, and inclusion into Internet policy making, for women, people with disabilities, minorities, low-income and marginalized groups, and underserved populations; and cybersecurity and data protection. (Sec. 5) The bill expresses the sense of Congress that the State Department should: (1) redesignate an existing Assistant Secretary position to be the Assistant Secretary for Cyberspace to lead its diplomatic cyberspace policy, and (2) promote the recruitment of candidates with technical expertise into the Civil Service and the Foreign Service. The redesignation of the Assistant Secretary position may not be construed as increasing the number of State Department Assistant Secretary positions above the current level of 24. (Sec. 6) The bill expresses the sense of Congress that the U.S. Agency for International Development should: (1) integrate efforts to expand Internet access, develop appropriate technologies, and enhance digital literacy into its education, development, and economic growth programs; (2) expand the utilization of information and communications technologies in humanitarian aid and disaster relief responses; and (3) establish and promote guidelines for the protection of personal information of individuals served by humanitarian, disaster, and development programs. (Sec. 7) The Peace Corps Act is amended to express the sense of Congress that technology access can transform agriculture, community economic development, education, environment, health, and youth development, which are the sectors in which Peace Corps currently develops volunteer positions. (Sec. 8) The President is urged to use U.S. influence at international bodies to advocate for: increased efforts to promote affordable and gender-equitable Internet access, integrating gender-equitable affordable Internet access into existing economic and business assessments and indexes, standardized inclusion of broadband conduit--fiber optic cables that support broadband or wireless facilities for broadband service, providing technical assistance to regulatory authorities in developing countries to remove unnecessary barriers to investment and strengthen market growth and development, and protection of human rights online. (Sec. 9) The President shall transmit to Congress within 180 days plans to promote U.S. and U.S.-funded agency partnerships with the private and public sectors to provide Internet access or infrastructure in developing countries. (Sec. 10) The President shall report to Congress within 180 days on efforts to implement the Internet access policy under this bill. (Sec. 11) The President is urged to include in the next White House Cyberspace Strategy information about methods to promote: (1) Internet access in developing countries, (2) cybersecurity policy consistent with the National Institute of Standards and Technology Framework for Improving Critical Infrastructure Cybersecurity, and (3) global Internet freedom principles. (Sec. 12) The bill defines "cyberspace" as the interdependent network of information technology infrastructures, including the Internet, telecommunications networks, computer systems, embedded processors and controllers in critical industries, and the virtual environment of information and interactions between people.
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SECTION 1. PREMIUMS FOR MORTGAGE INSURANCE. (a) In General.--Paragraph (3) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding after subparagraph (D) the following new subparagraph: ``(E) Mortgage insurance premiums treated as interest.-- ``(i) In general.--Premiums paid or accrued for qualified mortgage insurance by a taxpayer during the taxable year in connection with acquisition indebtedness with respect to a qualified residence of the taxpayer shall be treated for purposes of this subsection as qualified residence interest. ``(ii) Phaseout.--The amount otherwise allowable as a deduction under clause (i) shall be reduced (but not below zero) by 10 percent of such amount for each $1,000 ($500 in the case of a married individual filing a separate return) (or fraction thereof) that the taxpayer's adjusted gross income for the taxable year exceeds $100,000 ($50,000 in the case of a married individual filing a separate return).''. (b) Definition and Special Rules.--Paragraph (4) of section 163(h) of the Internal Revenue Code of 1986 (relating to qualified residence interest) is amended by adding at the end the following new subparagraphs: ``(E) Qualified mortgage insurance.--The term `qualified mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration, or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph). ``(F) Special rules for prepaid qualified mortgage insurance.--Any amount paid by the taxpayer for qualified mortgage insurance that is properly allocable to any mortgage the payment of which extends to periods that are after the close of the taxable year in which such amount is paid shall be chargeable to capital account and shall be treated as paid in such periods to which so allocated. No deduction shall be allowed for the unamortized balance of such account if such mortgage is satisfied before the end of its term. The preceding sentences shall not apply to amounts paid for qualified mortgage insurance provided by the Veterans Administration or the Rural Housing Administration.'' SEC. 2. INFORMATION RETURNS RELATING TO MORTGAGE INSURANCE. Section 6050H of the Internal Revenue Code of 1986 (relating to information returns relating to mortgage interest) is amended by adding at the end the following new subsection: ``(h) Returns Relating to Mortgage Insurance Premiums.-- ``(1) In general.--The Secretary may prescribe, by regulations, that any person who, in the course of a trade or business, receives from any individual premiums for mortgage insurance aggregating $600 or more for any calendar year, shall make a return with respect to each such individual. Such return shall be in such form, shall be made at such time, and shall contain such information as the Secretary may prescribe. ``(2) Statement to be furnished to individuals with respect to whom information is required.--Every person required to make a return under paragraph (1) shall furnish to each individual with respect to whom a return is made a written statement showing such information as the Secretary may prescribe. Such written statement shall be furnished on or before January 31 of the year following the calendar year for which the return under paragraph (1) was required to be made. ``(3) Special rules.--For purposes of this subsection-- ``(A) rules similar to the rules of subsection (c) shall apply, and ``(B) the term `mortgage insurance' means-- ``(i) mortgage insurance provided by the Veterans Administration, the Federal Housing Administration or the Rural Housing Administration, and ``(ii) private mortgage insurance (as defined by section 2 of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as in effect on the date of the enactment of this subparagraph.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to amounts paid or accrued after the date of enactment of this Act in taxable years ending after such date.
Amends the Internal Revenue Code to allow the deduction of premiums for mortgage insurance. Provides for the phaseout of such deduction based on income.
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SECTION 1. EXCLUSION FROM FEDERAL EMPLOYERS' LIABILITY ACT AND RAILWAY LABOR ACT. LIRR police officers shall not be considered employees of a common carrier by railroad for purposes of the Act entitled ``An Act relating to the liability of common carriers by railroad to their employees in certain cases'', enacted April 22, 1908 (popularly known as the Employers' Liability Act) and shall not be considered employees of a carrier for purposes of the Railway Labor Act. SEC. 2. EXCLUSION FROM RAILROAD RETIREMENT ACT OF 1974, RAILROAD UNEMPLOYMENT INSURANCE ACT, AND RELATED TAXES. (a) Exclusion From Railroad Retirement Act of 1974 and Railroad Unemployment Insurance Act.--For purposes of the Railroad Retirement Act of 1974 and the Railroad Unemployment Insurance Act, a covered LIRR police officer shall not, as such, be considered an employee (as defined therein). (b) Exclusion From Railroad Retirement Tax Act.--For purposes of the Railroad Retirement Tax Act, a covered LIRR police officer shall not, as such, be considered an employee or employee representative (as defined therein). (c) Railroad Unemployment Repayment Tax.--For purposes of chapter 23A of the Internal Revenue Code of 1986, remuneration paid by the LIRR or any employee organization to any covered LIRR police officer as such shall not be treated as rail wages (as defined therein). SEC. 3. CLARIFICATION OF TAX TREATMENT. (a) In General.-- (1) In general.--No amount shall be includible in the gross income of any covered LIRR police officer (or any beneficiary thereof) by reason of-- (A) any transfer of assets in furtherance of the controlling agreement to the N.Y. System from any pension plan maintained by the LIRR, or (B) any payment by the LIRR to the N.Y. System pursuant to such agreement, in connection with the cancellation of such officer's rights under the Additional Plan. (2) Limitation.--Paragraph (1) shall not apply with respect to a covered LIRR police officer to the extent that the aggregate of the transfers and payments referred to in paragraph (1) with respect to such officer exceeds the amount deemed necessary under the N.Y. System to fund such officer's accrued benefit under the N.Y. System attributable to service performed while a participant in the Additional Plan. (b) Benefits Accruing Under N.Y. System.--For purposes of determining the Federal taxation of benefits accrued by a covered LIRR police officer under the N.Y. System by reason of the performance of services after ceasing to accrue benefits under the Additional Plan, the choice which such officer has of coverage under the N.Y. System rather than the Additional Plan shall not be treated as a cash or deferred election under a cash or deferred arrangement for purposes of section 401(k) of the Internal Revenue Code of 1986. (c) Controlling Agreement.--For purposes of this section, the term ``controlling agreement'' means the collective bargaining agreement made June 30, 1989, by and between the LIRR and The Long Island Rail Road Company Police Benevolent Association, including the agreement made October 10, 1990, by and between such parties to further the implementation of Article XXXVI of such collective bargaining agreement. (d) Additional Plan.--For purposes of this section, the term ``Additional Plan'' means The Long Island Rail Road Company Plan for Additional Pensions. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``covered LIRR police officer'' means an LIRR police officer who is accruing or entitled to benefits under the N.Y. System, based on service as an LIRR police officer; (2) the term ``LIRR'' means The Long Island Rail Road Company, a public benefit corporation of the State of New York; (3) the term ``LIRR police officer'' means-- (A) any person who on or after the effective date of section 389 of the Retirement and Social Security Law of the State of New York holds an appointment as a police officer in the LIRR police department pursuant to section 88 of the Railroad Law of the State of New York; and (B) any probationary police officer in that department who is expected to hold such an appointment after completing the requisite training, whose initial employment with that department was in the position of such a probationary officer or as a patrolman, policewoman, sergeant, lieutenant, or detective, or any successor title to any of the foregoing positions; and (4) the term ``N.Y. System'' means the New York State and local Police and Fire retirement system. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the first day of the first calendar month following receipt by the comptroller of the State of New York of the election by the LIRR, pursuant to subdivision b of section 331 of the Retirement and Social Security Law of the State of New York, to participate in the N.Y. System.
Excludes police officers employed by The Long Island Rail Road Company (LIRR) from coverage under the Employers' Liability Act, Railway Labor Act, Railroad Retirement Act of 1974, Railroad Unemployment Insurance Act, Railroad Retirement Tax Act, and Railroad Unemployment Repayment Tax provisions of the Internal Revenue Code. Sets forth requirements regarding the tax treatment of covered LIRR police officers (or their beneficiaries), including provisions relating to Federal taxation of benefits accrued by covered LIRR police officers under the New York State and Local Police and Fire Retirement System with respect to a controlling collective bargaining agreement and an additional plan.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Efficient Government Technology Act''. SEC. 2. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. Subtitle C of title V of the Energy Independence and Security Act of 2007 (Public Law 110-140; 121 Stat. 1661) is amended by adding at the end the following: ``SEC. 530. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES. ``(a) Definitions.--In this section: ``(1) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(2) Information technology.--The term `information technology' has the meaning given that term in section 11101 of title 40, United States Code. ``(b) Development of Implementation Strategy.--Not later than 1 year after the date of enactment of this section, each Federal agency shall coordinate with the Director, the Secretary, and the Administrator of the Environmental Protection Agency to develop an implementation strategy (that includes best practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information technologies, taking into consideration the performance goals established under subsection (d). ``(c) Administration.--In developing an implementation strategy under subsection (b), each Federal agency shall consider-- ``(1) advanced metering infrastructure; ``(2) energy-efficient data center strategies and methods of increasing asset and infrastructure utilization; ``(3) advanced power management tools; ``(4) building information modeling, including building energy management; ``(5) secure telework and travel substitution tools; and ``(6) mechanisms to ensure that the agency realizes the energy cost savings brought about through increased efficiency and utilization. ``(d) Performance Goals.-- ``(1) In general.--Not later than 180 days after the date of enactment of this section, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy- saving information technology. ``(2) Best practices.--The Chief Information Officers Council established under section 3603 of title 44, United States Code, shall recommend best practices for the attainment of the performance goals, which shall include Federal agency consideration of the use of-- ``(A) energy savings performance contracting; and ``(B) utility energy services contracting. ``(e) Reports.-- ``(1) Agency reports.--Each Federal agency shall include in the report of the agency under section 527 a description of the efforts and results of the agency under this section. ``(2) OMB government efficiency reports and scorecards.-- Effective beginning not later than October 1, 2016, the Director shall include in the annual report and scorecard of the Director required under section 528 a description of the efforts and results of Federal agencies under this section.''. SEC. 3. ENERGY EFFICIENT DATA CENTERS. Section 453 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17112) is amended-- (1) in subsection (b), by striking paragraph (3); and (2) by striking subsections (c) through (g) and inserting the following: ``(c) Stakeholder Involvement.-- ``(1) In general.--The Secretary and the Administrator shall carry out subsection (b) in collaboration with information technology industry and other key stakeholders, with the goal of producing results that accurately reflect the best knowledge in the most pertinent domains. ``(2) Organizations.--In collaborating under paragraph (1), the Secretary and the Administrator shall pay particular attention to organizations that-- ``(A) have members with expertise in energy efficiency and in the development, operation, and functionality of data centers, information technology equipment, and software, such as representatives of hardware manufacturers, data center operators, and facility managers; ``(B) obtain and address input from Department of Energy National Laboratories or any college, university, research institution, industry association, company, or public interest group with applicable expertise; ``(C) follow-- ``(i) commonly accepted procedures for the development of specifications; and ``(ii) accredited standards development processes; and ``(D) have a mission to promote energy efficiency for data centers and information technology. ``(d) Measurements and Specifications.--The Secretary and the Administrator shall consider and assess the adequacy of the specifications, measurements, and benchmarks described in subsection (b) for use by-- ``(1) the Federal Energy Management Program; ``(2) the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a); and ``(3) other efficiency programs of the Department of Energy or the Environmental Protection Agency. ``(e) Study.--Not later than 1 year after the date of enactment of this Act, the Secretary, in collaboration with the Administrator, shall make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under section 1 of Public Law 109-431 (120 Stat. 2920), that provides-- ``(1) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 through 2014; ``(2) an analysis considering the impact of information technologies (including virtualization and cloud computing) in the public and private sectors; ``(3) an evaluation of the impact of the combination of cloud platforms, mobile devices, social media, and big data on data center energy usage; and ``(4) updated projections and recommendations for best practices through fiscal year 2020. ``(f) Data Center Energy Practitioner Program.-- ``(1) In general.--The Secretary, in collaboration with key stakeholders and the Director of the Office of Management and Budget, shall carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in Federal data centers. ``(2) Periodic evaluations.--Each Federal agency shall consider having the data centers of the agency evaluated every 4 years by energy practitioners certified pursuant to the program, whenever practicable, using certified practitioners employed by the agency. ``(g) Open Data Initiative.-- ``(1) In general.--The Secretary, in collaboration with key stakeholders and the Office of Management and Budget, shall carry out an open data initiative for Federal data center energy usage data to make such data available and accessible in a manner that encourages further data center innovation, optimization, and consolidation. ``(2) Model.--In carrying out the initiative, the Secretary shall consider the use of the online Data Center Maturity Model. ``(h) International Specifications and Metrics.--The Secretary, in collaboration with key stakeholders, shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. ``(i) Data Center Utilization Metric.--The Secretary, in collaboration with key stakeholders, shall facilitate the development of an efficiency metric that measures the energy efficiency of a data center (including equipment and facilities). ``(j) Protection of Proprietary Information.--The Secretary and the Administrator shall not disclose any proprietary information or trade secrets provided by any individual or company for the purposes of carrying out this section or the programs and initiatives carried out under this section.''.
Energy Efficient Government Technology Act This bill amends the Energy Independence and Security Act of 2007 to require each federal agency to coordinate with the Office of Management and Budget (OMB), the Department of Energy (DOE), and the Environmental Protection Agency to develop an implementation strategy for the maintenance, purchase, and use of energy-efficient and energy-saving information technologies. The OMB must establish performance goals for evaluating the efforts of federal agencies in improving the maintenance, purchase, and use of the technology. The Chief Information Officers Council must recommend best practices for attaining the performance goals. DOE must: make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007; carry out a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in federal data centers; carry out an open data initiative to make information about federal data center energy usage available and accessible in a manner that encourages data center innovation, optimization, and consolidation; participate in efforts to harmonize global specifications and metrics for data center energy efficiency; and facilitate in the development of an efficiency metric that measures the energy efficiency of a data center.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Transported Air Pollution Mitigation Act of 1997''. SEC. 2. SIP REQUIREMENTS FOR AREAS UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 110(a) of the Clean Air Act is amended by inserting the following new paragraph after paragraph (3): ``(4) For each area (hereinafter in this paragraph referred to as an `upwind area') in a State which, as determined by the State, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in another area (hereinafter in this paragraph referred to as a `downwind area') in the State, the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan that includes a requirement that either-- ``(A) the upwind area reduce emissions of ozone or its precursors by an amount determined by the State to be necessary to mitigate impacts commensurate with the level of contribution caused by the upwind area to air pollution concentrations in the downwind area; or ``(B) the upwind area make payments to the State or to an air quality district designated by the State to compensate the downwind area in such amounts as such State finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind area.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(B) For each moderate area which the State determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 3. SIP REQUIREMENTS FOR STATES UPWIND OF OZONE NONATTAINMENT AREAS. (a) SIP Revisions for All Areas.--Section 126 of the Clean Air Act is amended by inserting the following new subsection after subsection (c): ``(d) States Upwind of Ozone Nonattainment Areas.--For each State (hereinafter in this subsection referred to as an `upwind State') which, as determined by the Administrator, causes or significantly contributes to a violation of the national ambient air quality standard for ozone in an area in one or more other States (hereinafter in this paragraph referred to as a `downwind area'), the State shall submit, within 1 year of such determination, a revision of the applicable implementation plan provisions adopted under section 110(a)(2)(D)(ii) that contains either or both the following: ``(1) Provisions under which the upwind State will require reductions in emissions of ozone or its precursors by an amount determined by the Administrator to be necessary to mitigate impacts commensurate with the level of contribution caused by sources in the upwind State to ozone concentrations in the downwind area. ``(2) Provisions under which the upwind State will make payments to the State or States in which all or part of the downwind area is located or to an air quality district designated by the Administrator to compensate such State or States in such amounts as the Administrator finds necessary to pay for the costs of emission reduction measures required to be undertaken in the downwind area to fully mitigate the impacts of pollutants transported from the upwind State.''. (b) Requirements for Moderate Ozone Nonattainment Areas.--Paragraph (4) of section 182(b) of the Clean Air Act is amended by adding the following at the end thereof: ``(C) For each moderate area which the Administrator determines to cause or significantly contribute to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the Administrator under section 126(d)), the State shall submit, within 1 year after such determination, a revision to the applicable implementation plan that includes all provisions necessary to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) of subsection (c) of this section and the regulations of the Administrator adopted pursuant to such paragraph (3).''. SEC. 4. MAINTENANCE PLANS. (a) Requirements for Maintenance Plans.--(1) Subsection (a) of section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``Such plan shall also be amended within 1 year after the later of-- ``(1) the date of enactment of the Transported Air Pollution Mitigation Act of 1997, or ``(2) the date on which the request under section 107(d) is submitted to include measures to provide for an enhanced vehicle inspection and maintenance program as described in paragraph (3) and (4) of section 182(c) and the regulations of the Administrator adopted pursuant to such paragraphs if the State determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind area (as identified by the State under section 110(a)(4)) or if the Administrator determines that the area requesting redesignation is causing or significantly contributing to a violation of the national ambient air quality standards for ozone in a downwind State (as identified by the Administrator under section 126(d)).''. (b) Transport Mitigation.--Section 175A of the Clean Air Act is amended by adding the following at the end thereof: ``(e) Transport Mitigation.--Each plan adopted under this section shall be amended within 1 year after the enactment of this subsection to require that any upwind area (as identified by the State under section 110(a)(4)) and any upwind State (as identified by the Administrator under section 126(d)) that is designated as an attainment area that causes or significantly contributes to a violation of the national ambient air quality standard for ozone in any downwind area (as identified under section 110(a)(4) or section 126(d)) shall be required by the applicable implementation plans under section 110 and this part to implement all measures with respect to the air pollutant concerned which were contained in the State implementation plan for such upwind area before its redesignation as an attainment area. Such measures shall include all existing control measures, as well as any control measures not yet implemented that are necessary to fully mitigate the transport of ozone and its precursors to such downwind areas. There shall be no relaxation or rescission of any control measure or rule in the upwind area or unwind State as long as sources in such upwind area or State cause or contribute to a violation of the national ambient air quality standard for ozone in any such downwind area.''.
Transported Air Pollution Mitigation Act of 1997 - Amends Clean Air Act provisions regarding State implementation plans for national primary and secondary ambient air quality standards to require a State, for each upwind area which causes or significantly contributes to a violation of the ambient air quality standard for ozone in a downwind area, to submit a plan revision that requires the upwind area to either: (1) reduce emissions of ozone or its precursors by an amount necessary to mitigate impacts to pollution concentrations in the downwind area commensurate with the level of contribution caused; or (2) make payments to the State or the air quality district as compensation to the downwind area for the costs of emission reduction measures to fully mitigate the impacts of transported pollutants. Directs States which cause or significantly contribute to violations of such standards (upwind States) in another State (downwind area) to revise plan provisions for interstate pollution abatement to meet the requirements described above. Requires a State, for each Moderate ozone nonattainment area determined to cause or significantly contribute to a violation of the national ambient air quality standard for ozone in a downwind area or State, to submit a plan revision including all provisions necessary for an enhanced vehicle inspection and maintenance program described in provisions concerning Serious areas and Environmental Protection Agency regulations. Requires amendment by a State of its plan for maintenance (required when a State requests redesignation of a nonattainment area as an area which has attained the national ambient air quality standard) to include measures for such an inspection program if the area concerned is causing or significantly contributing to a violation of such standards for ozone in a downwind area or State. Provides for amendments to maintenance plans in upwind areas and States that cause or significantly contribute to violations of such standards in downwind areas or States to require implementation of all measures contained in the State implementation plan for upwind areas before redesignation as attainment areas. Requires implementation of all control measures necessary to fully mitigate the transport of ozone and its precursors to downwind areas. Prohibits any relaxation or rescission of such measures as long as an upwind area or State contributes to such violations in a downwind area.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Loan Securitization and Secondary Market Enhancement Act of 1993''. SEC. 2. SMALL BUSINESS RELATED SECURITY. (a) Definition.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by adding at the end the following new paragraph: ``(53)(A) The term `small business related security' means a security that is rated in 1 of the 4 highest rating categories by at least 1 nationally recognized statistical rating organization, and either-- ``(i) represents an interest in 1 or more promissory notes evidencing the indebtedness of a small business and originated by an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), credit union, insurance company, or similar institution which is supervised and examined by a Federal or State authority; or ``(ii) is secured by an interest in 1 or more promissory notes (with or without recourse to the issuer) and provides for payments of principal in relation to payments, or reasonable projections of payments, on notes meeting the requirements of subparagraph (A). ``(B) For purposes of this paragraph-- ``(i) an interest in a promissory note includes ownership rights, certificates of interest or participation in such notes, and rights designed to assure servicing of such notes, or the receipt or timely receipt of amounts payable under such notes; and ``(ii) a small business is a business that meets the criteria for a `small business concern' established under section 3(a) of the Small Business Act.''. (b) Conforming Amendment.--Section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)) is amended by redesignating paragraph (51) defining the term ``foreign financial regulatory authority'' as paragraph (52) and inserting such paragraph after paragraph (51), defining the term ``penny stocks''. SEC. 3. APPLICABILITY OF MARGIN REQUIREMENTS. Section 7(g) of the Securities Exchange Act of 1934 (15 U.S.C. 78g(g)) is amended by inserting ``or a small business related security'' after ``mortgage related security''. SEC. 4. BORROWING IN THE COURSE OF BUSINESS. Section 8(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78h(a)) is amended in the last sentence by inserting ``or a small business related security'' after ``mortgage related security''. SEC. 5. SMALL BUSINESS RELATED SECURITIES AS COLLATERAL. Clause (ii) of section 11(d)(1) of the Securities Exchange Act of 1934 (15 U.S.C. 78k(d)(1)) is amended by inserting ``or any small business related security'' after ``mortgage related security''. SEC. 6. INVESTMENT BY DEPOSITORY INSTITUTIONS. (a) Home Owners' Loan Act Amendment.--Section 5(c)(1) of the Home Owners' Loan Act (12 U.S.C. 1464(c)(1)) is amended by adding at the end the following new subparagraph: ``(S) Small business related securities.-- Investments in small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), subject to such regulations as the Director may prescribe, including regulations concerning the minimum size of the issue (at the time of the initial distribution) or minimum aggregate sales price, or both.''. (b) Credit Unions.--Section 107(15) of the Federal Credit Union Act (12 U.S.C. 1757(15)) is amended-- (1) in subparagraph (A), by striking ``or'' at the end; (2) in subparagraph (B), by inserting ``or'' at the end; and (3) by adding at the end the following new subparagraph: ``(C) are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), subject to such regulations as the Board may prescribe, including regulations prescribing the minimum size of the issue (at the time of the initial distribution) or minimum aggregate sales price, or both;''. (c) National Banking Associations.--Section 5136 of the Revised Statutes (12 U.S.C. 24) is amended in the last sentence in the first full paragraph of paragraph Seventh by striking ``or (B) are mortgage'' and inserting the following: ``(B) are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934); or (C) are mortgage''. SEC. 7. PREEMPTION OF STATE LAW. (a) In General.--Section 106(a)(1) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(a)(1)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), or''. (b) Obligations of the United States.--Section 106(a)(2) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r- 1(a)(2)) is amended-- (1) by striking ``or'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following new subparagraph: ``(C) small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934), or''. (c) Preemption of State Laws.--Section 106(c) of the Secondary Mortgage Market Enhancement Act of 1984 (15 U.S.C. 77r-1(c)) is amended-- (1) in the first sentence, by striking ``or that'' and inserting ``, that''; (2) by inserting ``, or that are small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934)'' before ``shall be exempt''; and (3) by adding at the end the following new subsection: ``(d) Implementation.-- ``(1) Limitation.--The provisions of subsections (a) and (b) concerning small business related securities shall not apply with respect to a particular person, trust, corporation, partnership, association, business trust, or business entity or class thereof in any State that, prior to the expiration of 7 years after the date of enactment of this Act, enacts a statute that specifically refers to this section and either prohibits or provides for a more limited authority to purchase, hold, or invest in small business related securities by any person, trust, corporation, partnership, association, business trust, or business entity or class thereof than is provided in such amendments. The enactment by any State of any statute of the type described in the preceding sentence shall not affect the validity of any contractual commitment to purchase, hold, or invest that was made prior to such enactment, and shall not require the sale or other disposition of any small business related securities acquired prior to the date of such enactment. ``(2) Enactment of state provisions.--Any State may, not later than 7 years after the date of enactment of this Act, enact a statute that specifically refers to this section and requires registration or qualification of any small business related securities on terms that differ from those applicable to any obligation issued by the United States.''. SEC. 8. INSURED DEPOSITORY INSTITUTION CAPITAL REQUIREMENTS FOR TRANSFERS OF SMALL BUSINESS LOANS AND INVESTMENTS IN SMALL BUSINESS RELATED SECURITIES. (a) Accounting Principles.--The accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required to be filed with the appropriate Federal banking agencies by all insured depository institutions shall be uniform and consistent with generally accepted accounting principles. (b) Capital Requirements.--The amount of capital required to be maintained by an insured depository institution under applicable capital standards and other capital measures with respect to the sale of a small business loan with recourse, as reported under subsection (a), shall not exceed an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. (c) Investments in Small Business Related Securities.--A small business related security shall be treated as a similarly rated mortgage-backed security under the risk-based capital requirement applicable to insured depository institutions. (d) Regulations Required.--Not later than 180 days after the date of enactment of this Act, each appropriate Federal banking agency shall promulgate final regulations implementing this section not later than 180 days after the date of enactment of this Act. (e) Definitions.--For purposes of this section-- (1) the term ``appropriate Federal banking agency'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (2) the term ``capital standards'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (3) the term ``insured depository institution'' has the same meaning as in section 3 of the Federal Deposit Insurance Act; (4) the term ``other capital measures'' has the same meaning as in section 38(c) of the Federal Deposit Insurance Act; (5) the term ``recourse'' shall have the meaning given such term under generally accepted accounting principles; (6) the term ``small business'' means a business that meets the criteria for a small business concern established under section 3(a) of the Small Business Act; and (7) the term ``small business related security'' has the same meaning as in section 3(a)(53) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(53). SEC. 9. TRANSACTIONS IN SMALL BUSINESS RELATED SECURITIES BY EMPLOYEE BENEFIT PLANS. (a) Prohibited Transaction Exemption.--The Secretary of Labor, in consultation with the Secretary of the Treasury, shall exempt transactions involving small business related securities (as defined in section 3(a)(53) of the Securities Exchange Act of 1934 (as added by section 2 of this Act)), either unconditionally or on stated terms and conditions, from the restrictions of sections 406 and 407 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1106, 1107) and the taxes imposed under section 4975 of the Internal Revenue Code of 1986 (26 U.S.C. 4975). (b) Conditions.--In providing for the exemption required under subsection (a) the Secretary of Labor shall consider-- (1) the importance of facilitating transactions in small business related securities; and (2) the necessity of imposing any term or condition to protect the rights and interests of participants and beneficiaries of such plan. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall promulgate final regulations to carry out subsection (a). SEC. 10. TAXATION OF SMALL BUSINESS LOAN INVESTMENT CONDUITS. (a) Taxation Similar to REMIC.--The Secretary of the Treasury shall promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein similar to the taxation of a real estate mortgage investment conduit and the holder of interests therein under the Internal Revenue Code of 1986. (b) Adjustment to REMIC Provisions.--In promulgating regulations under subsection (a), the Secretary shall make any necessary adjustments to the real estate mortgage investment conduit provisions to take into consideration-- (1) the purpose of facilitating the securitization of small business loans through the use of small business loan investment conduits and the development of a secondary market in small business loans; (2) differences in the nature of qualifying mortgages in a real estate mortgage investment conduit and small business loans and obligations; and (3) differences in the practices of participants in the securitization of real estate mortgages in a real estate mortgage investment conduit and the securitization of other assets. (c) Small Business Loan Investment Conduit Defined.--For purposes of this section, the term ``small business loan investment conduit'' means-- (1) any entity substantially all of the assets of which consist of any obligation (including any participation or certificate of beneficial ownership therein) of a business that meets the criteria for a small business concern established under section 3(a) of the Small Business Act; and (2) if such obligation was originated by an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act), credit union, insurance company, or similar institution which is supervised and examined by an appropriate Federal or State authority.
Small Business Loan Securitization and Secondary Market Enhancement Act of 1993 - Amends the Securities Exchange Act of 1934 to define a "small business related security" (SBRS) as generally a high rated security that represents and is secured by promissory notes evidencing and that provides for payments of principal in relation to payments on the notes. Provides that SBRSs shall be exempt from: (1) certain restrictions in the margin and securities delivery rules; (2) certain restrictions on borrowing on securities by and lending among, brokers, dealers, and other members of national securities exchanges; and (3) certain prohibitions on the extension of credit by members of exchanges, brokers, and dealers against a security which was part of a new issue. Amends the Home Owners' Loan Act, the Federal Credit Union Act, and related statutes to allow banks, credit unions, and other depository institutions to invest in SBRSs. Amends the Secondary Mortgage Market Enhancement Act of 1984 to: (1) authorize any U.S. person or entity to invest in SBRS, to the same extent such person is authorized to invest in U.S. obligations issued; and (2) exempt SBRSs from any State law's security registration and qualification to the same extent that U.S. securities are so exempt. Provides for States to enact provisions prescribing specific requirement for SBRSs. Requires the accounting principles applicable to the transfer of a small business loan with recourse contained in reports or statements required by appropriate Federal banking agencies to be uniform and consistent with generally accepted accounting principles. Prohibits the amount of capital required to be maintained by a depository institution with respect to the sale of a small business loan with recourse from exceeding an amount sufficient to meet the institution's reasonable estimated liability under the recourse arrangement. Requires an SBRS to be treated as a mortgage-backed security under the risk-based capital requirements applicable to insured depository institutions. Directs the Secretary of Labor to exclude transactions involving SBRSs from certain restrictions and taxes imposed on "prohibited transactions" under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (thereby allowing pension fund managers to participate in the pooling and packaging of small business loans for sale as securities). Requires the Secretary of the Treasury to promulgate regulations providing for the taxation of a small business loan investment conduit and the holder of an interest therein in a manner similar to the taxation of a real estate mortgage investment conduit and the holder of an interest therein under the Internal Revenue Code.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018'' or the ``PEERING Act of 2018''. SEC. 2. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION GRANTS. (a) Grants.--On and after the first day of the first fiscal year beginning after the date on which the Assistant Secretary establishes rules and timelines under subsection (d), the Assistant Secretary shall award grants to entities to acquire real property and necessary equipment to-- (1) establish a new internet exchange facility in a core based statistical area in which, at the time the grant is made, there are no existing internet exchange facilities; or (2) expand operations at an existing internet exchange facility in a core based statistical area in which, at the time the grant is made, there is only one internet exchange facility. (b) Eligibility.--An entity may not receive a covered grant unless the entity certifies to the Assistant Secretary that the entity has sufficient interest from third-party entities that will use the internet exchange facility to be funded by the grant once the facility is established or operations are expanded, as applicable. (c) Federal Share.--The Federal share of the total cost of the establishment or expansion of operations at an internet exchange facility for which a covered grant is received may not exceed 50 percent. (d) Applications.-- (1) Rules and timelines.--Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall establish rules and timelines for applications for covered grants. (2) Third-party review.--To prevent fraud in the covered grant program, the Assistant Secretary shall enter into a contract with an independent third party under which the third party reviews an application for a covered grant not later than 60 days after the date on which the application is submitted to ensure that only an entity that is eligible for a covered grant receives a covered grant. (e) Rule of Construction.--Nothing in this section shall be construed to authorize the Assistant Secretary to regulate, issue guidance for, or otherwise interfere with the activities at an internet exchange facility. (f) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized. SEC. 3. USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE SUPPORT. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following: ``(m) Use of E-Rate and Rural Health Care Support for Costs Relating to Internet Exchange Facility Connection.-- ``(1) In general.--Notwithstanding any other provision of law or regulation, including subpart F or G of part 54 of title 47, Code of Federal Regulations, a recipient of support under such subpart F or G may receive support under such subpart-- ``(A) to contract with a broadband internet service provider to obtain connection to an internet exchange facility; or ``(B) for the costs of maintaining a point of presence at an internet exchange facility. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Commission to regulate, issue guidance for, or otherwise interfere with the activities at an internet exchange facility. ``(3) Internet exchange facility defined.--In this subsection, the term `internet exchange facility' means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.''. SEC. 4. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Core based statistical area.--The term ``core based statistical area'' has the meaning given such term by the Office of Management and Budget in the Notice of Decision entitled ``2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas'', published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to such Notice. (3) Covered grant.--The term ``covered grant'' means a grant awarded under section 2(a). (4) Internet exchange facility.--The term ``internet exchange facility'' means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.
Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018 or the PEERING Act of 2018 This bill requires the Department of Commerce to award grants for entities to acquire real property and necessary equipment to establish a new Internet exchange facility in areas where there are no existing Internet exchange facilities, or to expand operations at an existing Internet exchange facility where there is only one Internet exchange facility. An Internet exchange facility is the physical infrastructure through which Internet service providers and content delivery networks exchange Internet traffic between their networks. The bill amends the Communications Act of 1934 to allow schools, libraries, and rural health care providers that receive funds to pay for telecommunications to use the funds to contract with a broadband provider to obtain a connection at an Internet exchange facility or to pay the costs for maintaining a connection at such a facility.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Building U.S. Infrastructure by Leveraging Demands for Skills'' or the ``BUILDS Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote industry or sector partnerships that engage in collaborative planning, resource alignment, and training efforts across multiple businesses, for a range of workers employed or potentially employed by infrastructure industries, in order to encourage industry growth and competitiveness and to improve worker training, retention, and advancement. SEC. 3. DEFINITIONS. In this Act: (1) Career and technical education; career guidance and academic counseling.--The terms ``career and technical education'' and ``career guidance and academic counseling'' have the meanings given such terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302). (2) Career pathway.--The term ``career pathway'' has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (3) Eligible entity.--The term ``eligible entity'' means an entity that is an industry or sector partnership, or (with respect to an implementation grant) an entity that is in the process of establishing an industry or sector partnership. (4) Individual with a barrier to employment; industry or sector partnership; local board.--The terms ``individual with a barrier to employment'', ``industry or sector partnership'', and ``local board'' have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act. (5) Recognized postsecondary credential; registered apprenticeship program.--The terms ``recognized postsecondary credential'' and ``registered apprenticeship program'' have the meanings given such terms in such section. (6) Secretary.--The term ``Secretary'' means the Secretary of Labor. (7) State; state board.--The terms ``State'' and ``State board'' have the meanings given such terms in 3 of the Workforce Innovation and Opportunity Act. (8) Targeted infrastructure industry.--The term ``targeted infrastructure industry'' means an industry, including transportation (including surface, transit, aviation, or railway transportation), construction, energy, information technology, or utilities industries, that the eligible entity identifies in accordance with section 5(c) to be served by a grant under this Act. (9) Work-based learning program.--The term ``work-based learning program'' means a program (which may be a registered apprenticeship program) that provides workers with paid work experience and corresponding approved classroom instruction, delivered in an employment relationship that both the employer and worker intend to be permanent. SEC. 4. GRANTS AUTHORIZED. (a) In General.--The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants to eligible entities to plan and implement activities to achieve the strategic objectives described in section 5(d) with respect to a targeted infrastructure industry. (b) Grants.-- (1) Types of grants.--A grant awarded under this Act may be in the form of-- (A) an implementation grant, for entities seeking an initial grant under this Act; or (B) a renewal grant for entities that have already received an implementation grant under this Act. (2) Duration.--Each grant awarded under this Act shall be for a period not to exceed 3 years. (3) Amount.--The amount of a grant awarded under this Act may not exceed-- (A) for an implementation grant, $2,500,000; and (B) for a renewal grant, $1,500,000. (c) Award Basis.-- (1) Geographic diversity.--The Secretary shall award grants under this Act in a manner that ensures geographic diversity in the areas in which activities will be carried out under the grants. (2) Priority for renewal grants.--In awarding renewal grants under this Act, the Secretary shall give priority to eligible entities that-- (A) demonstrate long-term sustainability of an industry or sector partnership; and (B) provide a non-Federal share of the cost of the activities. SEC. 5. APPLICATION PROCESS. (a) In General.--An eligible entity desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b). (b) Contents.--An application submitted under this Act shall contain, at a minimum-- (1) a description of the eligible entity, evidence of the eligible entity's capacity to carry out activities to achieve the strategic objectives described in subsection (d), and the expected participation and responsibilities of each of the partners included in the industry or sector partnership involved; (2) a description of the targeted infrastructure industry served by the grant, and a description of how such industry was identified in accordance with subsection (c); (3) a description of the workers that will be targeted or recruited by the partnership, including an analysis of the existing labor market, a description of potential barriers to employment for targeted workers, and a description of strategies that will be employed to help workers overcome such barriers; (4) a description of the local, State, or federally funded infrastructure projects on which the eligible entity anticipates engaging partners; (5) a description of the strategic objectives described in subsection (d) that the eligible entity intends to achieve concerning the targeted infrastructure industry; (6) a description of the credentials that the eligible entity proposes to use or develop as a performance measure, to assess the degree to which the eligible entity has achieved such strategic objectives, which credentials-- (A) shall be nationally portable; (B) shall be recognized postsecondary credentials or, if not available for the industry, other credentials determined by the Secretary to be appropriate; and (C) shall be related to the targeted infrastructure industry that the eligible entity proposes to support; (7) a description of the manner in which the eligible entity intends to make sustainable progress towards achieving such strategic objectives; (8) performance measures for measuring progress towards achieving such strategic objectives; (9) a description of the Federal and non-Federal resources, available under provisions of law other than this Act, that will be leveraged in support of the partnerships and activities under this Act; and (10) a timeline for progress towards achieving such strategic objectives. (c) Targeted Infrastructure Industry.--Each grant under this Act shall serve a targeted infrastructure industry that is identified by the eligible entity through working with businesses, industry associations and organizations, labor organizations, State boards, local boards, economic development agencies, and other organizations that the eligible entity determines necessary. (d) Strategic Objectives.--The activities to be carried out under each grant awarded under this Act shall be designed to achieve strategic objectives that include the following: (1) Recruiting key stakeholders in the targeted infrastructure industry, such as multiple businesses, labor organizations, local boards, and education and training providers, including providers of career and technical education, and regularly convening the stakeholders in a collaborative structure that supports the sharing of information, ideas, and challenges common to the targeted infrastructure industry. (2) Identifying the training needs of multiple businesses in the targeted infrastructure industry, including-- (A) needs for skills critical to competitiveness and innovation in the industry; (B) needs of the registered apprenticeship programs or other work-based learning programs supported by the grant; and (C) needs for the usage of career pathways. (3) Facilitating actions that lead to economies of scale by aggregating training and education needs of multiple businesses. (4) Helping postsecondary educational institutions, training institutions, sponsors of registered apprenticeship programs, and all other providers of career and technical education and training programs receiving assistance under this Act, align curricula, entrance requirements, and programs to the targeted infrastructure industry needs and the credentials described in subsection (b)(6), particularly for higher skill, high-priority occupations related to the targeted infrastructure industry. (5) Providing information on the grant activities to the State agency carrying out the State program under the Wagner- Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the agency to inform recipients of unemployment compensation of the employment and training opportunities that may be offered through the grant activities. (6) Helping partner businesses in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment, by identifying any such barriers through analysis of the labor market and implementing strategies to help such workers overcome such barriers. SEC. 6. ACTIVITIES. (a) In General.--An eligible entity receiving a grant under this Act shall-- (1) designate an entity in the industry or sector partnership as the fiscal agent for the grant funds; and (2) carry out activities described in subsections (b) (as applicable), (c), and (d) to achieve the strategic objectives identified in the entity's application under section 5(b)(5), in a manner that integrates services and funding sources to ensure effectiveness of the activities and that uses the grant funds efficiently. (b) Planning Activities.--An eligible entity receiving an implementation grant under this Act shall use not more than $250,000 of the grant funds to carry out planning activities during the first year of the grant period. Such activities may include-- (1) establishing the industry or sector partnership; (2) convening key stakeholders as identified in the application process; (3) conducting outreach to local businesses and business associations; or (4) conducting an evaluation of workforce needs in the local area. (c) Business Engagement.--An eligible entity receiving a grant under this Act shall use the grant funds to provide services to engage businesses in efforts to achieve the strategic objectives identified in the entity's application under section 5(b)(5). The services may include assisting businesses-- (1) in navigating the registration process for a sponsor of a registered apprenticeship program; (2) by connecting the business with an education provider, including a provider of career and technical education, to develop classroom instruction to complement on-the-job learning; (3) in developing the curriculum design of a work-based learning program; (4) in employing workers participating in a work-based learning program for a transitional period before a business hires the worker for full-time employment not less than 30 hours a week; (5) in providing training to managers and front-line workers to serve as trainers or mentors to workers participating in a work-based learning program; (6) in providing career awareness activities, such as career guidance and academic counseling; and (7) in recruiting, for participation in a work-based learning program, individuals eligible to receive additional workforce or human services, including-- (A) individuals participating in programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), and the amendments made by such Act, including to the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.); (B) recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); (C) recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); or (D) any other individuals with a barrier to employment. (d) Support Services.--The eligible entity receiving a grant under this Act shall use the grant funds to provide services to support the success of individuals described in subsection (c)(7) who are participating in a work-based learning program for a period of not less than 12 months. Such services may include the following: (1) Pre-employment services.--Services, provided in a pre- employment stage of the program, to expand access to a work- based learning program for individuals described in subsection (c)(7). Such services may include-- (A) skills training; (B) career and technical education; (C) initial assessments; (D) providing work attire and necessary tools for a work site; (E) wrap-around services, such as child care and transportation; and (F) job placement assistance. (2) Early employment services.--Services provided to individuals described in subsection (c)(7) who are participating in a work-based learning program during their first 6 months of employment through such program, to assure the individuals succeed in the program. Such services may include-- (A) ongoing case management and support services, including the services provided in the pre-employment stage described in paragraph (1); (B) continued skills training, including career and technical education, conducted in collaboration with employers of such individuals; (C) additional mentorship and retention supports for such individuals; (D) targeted training for frontline managers, journey level workers working with such individuals (such as mentors), and human resource representatives within the business where such individuals are placed; and (E) subsidized wages and benefits for a period of not more than 6 months, during which the eligible entities shall serve as the employers of record of such individuals. (3) Employment services.--Services to ensure the individuals described in paragraph (2) maintain employment in the work-based learning program for at least 12 months. The services shall include support necessary to complete the work- based learning program, such as continuation of mentoring and support services provided under paragraph (2). (e) Evaluation and Progress Reports.--Not later than 1 year after receiving a grant under this Act, and annually thereafter, the eligible entity receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible entity serves, that-- (1) describes the activities funded by the grant; and (2) evaluates the progress the eligible entity has made towards achieving the strategic objectives identified under section 5(b)(5). (f) Administrative Costs.--An eligible entity may use not more than 5 percent of the funds awarded through a grant under this Act for administrative expenses in carrying out this section. SEC. 7. ADMINISTRATION BY THE SECRETARY. (a) In General.--The Secretary may use not more than 10 percent of the amount appropriated under section 8 for each fiscal year for administrative expenses to carry out this Act, including the expenses of providing the technical assistance and oversight activities under subsection (b). (b) Technical Assistance; Oversight.--The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Building U.S. Infrastructure by Leveraging Demands for Skills or the BUILDS Act This bill requires the Department of Labor to award implementation or renewal grants, for up to three years and on a competitive basis, to eligible industry or sector partnerships to achieve certain strategic objectives with respect to targeted infrastructure industries (e.g., transportation, construction, energy, information technology, or utilities industries). Such strategic objectives must include: recruiting key stakeholders in the targeted infrastructure industries; identifying the training needs of multiple businesses in such industries; facilitating actions that lead to economies of scale by aggregating multiple businesses' training and education needs; helping grant recipients who provide career and technical education and training in aligning curricula, entrance requirements, and programs to the targeted infrastructure's needs and required credentials; providing information on grant activities to state agencies to enable them to inform unemployment compensation recipients of employment and training opportunities; and helping partner businesses to attract potential workers from a diverse jobseeker base.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Girls' Access to Education in Vulnerable Settings Act'' or the ``Protecting Girls' Access to Education Act''. SEC. 2. FINDINGS. Congress finds the following: (1) At the start of 2017, more than 65 million people have been displaced by disasters and conflicts around the world, the highest number recorded since the end of World War II, of which more than 21 million people are refugees. (2) More than half of the population of displaced people are children and, according to the United Nations High Commissioner for Refugees, nearly 4 million school-aged displaced children lack access to primary education. (3) Education offers socioeconomic opportunities, psychological stability, and physical protection for displaced people, particularly for women and girls, who might otherwise be vulnerable to severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(9))), child marriage, sexual exploitation, or economic disenfranchisement, and contributes to long-term recovery and economic opportunities for displaced people and for the communities hosting them. (4) Displaced children face considerable barriers to accessing educational services and, because the duration of such displacement is, on average, 20 years, such children may spend the entirety of their childhood without access to such services. (5) Despite the rising need for such services, less than 2 percent of global emergency aid was directed toward educational services in 2016. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in the design, implementation, and evaluation of related United States foreign assistance policies and programs. SEC. 4. STATEMENT OF POLICY. It is the policy of the United States to-- (1) partner with and encourage other countries, public and private multilateral institutions, and nongovernmental and civil society organizations, including faith-based organizations and organizations representing parents and children, to support efforts to ensure that displaced children have access to safe primary and secondary education; (2) work with donors to enhance training and capacity- building for the governments of countries hosting significant numbers of displaced people to design, implement, and monitor programs to effectively address barriers to such education; (3) incorporate into the design and implementation of such programs measures to evaluate the impact of the programs on girls, with respect to the reduction of child marriage, gender- based violence, and severe forms of trafficking in persons (as such term is defined in section 103(9) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(9))); and (4) coordinate with the governments of countries hosting significant numbers of displaced people to-- (A) promote the inclusion of displaced children into the educational systems of such countries; and (B) develop innovative approaches to providing safe primary and secondary educational opportunities in circumstances in which such inclusion is not possible or appropriate, such as schools that permit more children to be educated by extending the hours of schooling and expanding the number of teachers. SEC. 5. UNITED STATES ASSISTANCE TO SUPPORT EDUCATIONAL SERVICES FOR DISPLACED CHILDREN. (a) In General.--The Secretary of State and the Administrator of the United States Agency for International Development are authorized to prioritize and advance ongoing efforts to support programs that-- (1) provide safe primary and secondary education for displaced children; (2) build the capacity of institutions in countries hosting displaced people to prevent discrimination against displaced children, especially displaced girls, who seek access to such education; and (3) help increase the access of displaced children, especially displaced girls, to educational, economic, and entrepreneurial opportunities, including through the governmental authorities responsible for educational or youth services in such host countries. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator are authorized to coordinate with the World Bank, appropriate agencies of the United Nations, and other relevant multilateral organizations to work with governments in other countries to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity, in order to improve the targeting, monitoring, and evaluation of related assistance efforts. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator are authorized to work with private sector and civil society organizations to promote safe primary and secondary education for displaced children. SEC. 6. REPORT. During the 5-year period beginning on the date of the enactment of this Act, the Secretary and the Administrator shall include in any report or evaluation submitted to Congress relating to a foreign assistance program for natural or manmade disaster relief or response the following information (to the extent practicable and appropriate): (1) A breakdown of the beneficiaries of such program by location, age, gender, marital status, and school enrollment status. (2) A description of how such program benefits displaced people. (3) A description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls. Passed the House of Representatives October 3, 2017. Attest: KAREN L. HAAS, Clerk.
. Protecting Girls' Access to Education in Vulnerable Settings Act or the Protecting Girls' Access to Education Act (Sec. 3) This bill expresses the sense of Congress that: (1) it is critical to ensure that children, particularly girls, displaced by conflicts overseas are able to access educational services because such access can combat extremism and reduce exploitation and poverty; and (2) the educational needs of vulnerable women and girls should be considered in U.S. foreign assistance policies and programs. (Sec. 5) The Department of State and the U.S. Agency for International Development (USAID) may advance programs that: provide safe, primary and secondary education for displaced children; build the capacity of institutions in countries hosting displaced people to prevent displaced children from facing educational discrimination; and help increase the access of displaced children, especially girls, to educational, economic, and entrepreneurial opportunities. The State Department and USAID may: coordinate with multilateral organizations to work with foreign governments to collect relevant data, disaggregated by age and gender, on the ability of displaced people to access education and participate in economic activity; and work with domestic and foreign private sector and civil society organizations to promote safe, primary and secondary education for displaced children. (Sec. 6) The State Department and USAID shall include in any congressional report relating to a foreign assistance program for natural or man-made disaster relief: (1) a breakdown of program beneficiaries by location, age, gender, marital status, and school enrollment status; (2) a description of how such program benefits displaced people; and (3) a description of any primary or secondary educational services supported by such program that specifically address the needs of displaced girls.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Southern Sea Otter Recovery and Research Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Sea otters were hunted to near extinction in the 18th and 19th centuries along the west coast of the United States. Today a small population of southern sea otters exists along the California coastline. (2) Southern sea otters are listed as a threatened species under the Endangered Species Act of 1973, and are recognized as depleted under the Marine Mammal Protection Act of 1972. (3) Southern sea otters have educational, economic, ecological, and scientific importance to the people of California and the Nation. (4) Recent studies have-- (A) determined that an elevated level of mortality, particularly in adult southern sea otters, is limiting recovery of the population; and (B) determined that the major threats to the southern sea otter are largely due to degraded marine ecosystems, including infectious diseases, sequestration of contaminants, food resource limitations, and coastal oil spills. (5) Enactment of provisions to implement the United States Fish and Wildlife Service document entitled ``Final Revised Recovery Plan for the Southern Sea Otter (Enhydra lutris nereis'') could lead to delisting of the southern sea otter under the Endangered Species Act of 1973. (6) Research underlies every aspect of recovering southern sea otter populations, educating citizens and stakeholders, and restoring coastal ecosystems. SEC. 3. SOUTHERN SEA OTTER RECOVERY PROGRAM. (a) In General.--The Secretary of the Interior, acting through the United States Fish and Wildlife Service (in this Act referred to as the ``Secretary''), shall carry out a recovery program for southern sea otter populations along the coast of California. The recovery program shall include the following: (1) Monitoring and analysis of southern sea otter population demographics and life history parameters, including a biannual population census. (2) Protection of southern sea otter populations. (3) Reduction or elimination of potential factors limiting southern sea otter populations that are related to human activities. (4) Assessment of southern sea otter health in accordance with the Southern Sea Otter Health Assessment Plan developed under subsection (c). (5) Education and outreach to the public about southern sea otters and their survival. (b) Annual Report.--The Secretary shall annually submit to the Congress a report on the status of southern sea otter populations. (c) Health Assessment Plan.--The Secretary shall-- (1) in consultation with the Southern Sea Otter Recovery Implementation Team established under section 5, develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; (3) after such analysis, submit the tissue samples to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank provided for under section 407 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1421f) to allow for managed access to the tissues by other researchers; and (4) review progress on the implementation of the Southern Sea Otter Health Assessment Plan developed under paragraph (1) and report the status of the plan as part of the report under subsection (b). (d) Contents of Plan.--The Southern Sea Otter Health Assessment Plan developed under subsection (a)(1) shall include-- (1) mechanisms to assess and evaluate, among other matters, the immunology, virology, toxicology, parasitology, endocrinology, and nutritional status of southern sea otters; and (2) identification of centers of expertise and resources to implement the plan. (e) Promotion of Ecosystem Sustainability.--In implementing this section, the Secretary shall seek to promote ecosystem sustainability, in cooperation with the Secretary of Commerce and State fisheries management agencies. SEC. 4. SOUTHERN SEA OTTER RESEARCH PROGRAM. (a) Grant Authority.--The Secretary of the Interior shall award competitive grants to support research regarding southern sea otters. (b) Research Subjects.--Research funded with grants under this section-- (1) shall be in accordance with the research goals established by the Sea Otter Recovery Implementation Team under section 5; and (2) shall include the following topics: (A) Southern sea otter demographics and natural history. (B) Contaminant sequestration. (C) Infectious diseases and parasites affecting southern sea otters. (D) Limitations on the availability of food resources for southern sea otters. (c) Recommendation of Grants by Advisory Board Required.--The Secretary-- (1) shall submit each grant proposal submitted under this section to the Southern Sea Otter Recovery Implementation Team established under section 5; and (2) may not make a grant under this section unless the grant proposal has been recommended by such Team. SEC. 5. SOUTHERN SEA OTTER RECOVERY IMPLEMENTATION TEAM. (a) Establishment.--The Secretary of the Interior shall establish the Southern Sea Otter Recovery Implementation Team (in this section referred to as the ``Team''). The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Team. (b) Functions.--The Team shall-- (1) make recommendations to the Secretary regarding overall southern sea otter recovery program administration and research goals; (2) serve as a link between the recovery program and stakeholders; (3) review the recommendations of the Scientific Advisory Committee established by section 6; and (4) make recommendations to the Secretary regarding funding of scientific research under section 4. (c) Membership.-- (1) In general.--The Team shall have balanced representation and shall consist of no more than 13 members. The Secretary shall, in consultation with the Marine Mammal Commission, appoint members of the Team from among-- (A) individuals who are representatives of Federal, State, or local agencies with expertise in sea otter management; (B) individuals who are representatives of local marine user groups; (C) individuals who are representatives of marine conservation and other public interest organizations; (D) individuals who are representatives of organizations involved in southern sea otter rescue, rehabilitation, and release; and (E) individuals who are representatives of scientific and educational organizations. (2) Chairman.--The Team shall elect a member of the Team as chairman of the Team for a term of 3 years. A member of the Team may not serve more than 2 terms as chairman. (d) Conflicts of Interest.--A member of the Team who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Team. (e) Staffing and Assistance.--The Secretary may make available to the Team any staff, information, administrative services, or assistance the Secretary determines is reasonably required to enable the Team to carry out its function. (f) Administration.-- (1) Internal administrative regulations.--The Team shall adopt rules, procedures, and other internal administrative regulations as may be necessary to carry out its functions. (2) Subsidiary bodies.--The Team may establish such subsidiary bodies as it considers necessary to carry out its functions. (g) Public Participation and Procedural Matters.--The following apply with respect to the conduct of business meetings of the Team: (1) Each meeting shall be open to the public, and interested persons shall be allowed to present oral or written statements on items on the agenda. (2) Regular business meetings of the Team shall occur at least once a year. Other extraordinary meetings of the Team may be held at the call of the chairman. (3) Timely notice of each meeting, including the time, place, and agenda of the meeting, shall be published locally and in the Federal Register. (4) Minutes of each meeting shall be kept, and shall contain a summary of attendees and matters discussed. SEC. 6. SCIENTIFIC ADVISORY COMMITTEE. (a) Establishment.--The Secretary shall establish the Southern Sea Otter Recovery Scientific Advisory Committee (in this section referred to as the ``Advisory Committee''). The Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the Advisory Committee. (b) Functions.--The Advisory Committee shall-- (1) evaluate the scientific merit and quality of southern sea otter research proposals submitted for funding in response to a request by the Secretary for proposals, based on the research goals established by the Secretary; and (2) make recommendations to the Southern Sea Otter Recovery Implementation Team established by section 5 regarding funding of such proposals. (c) Membership.--The Advisory Committee shall have balanced representation, and shall consist of no more than 11 members appointed by the Secretary from among individuals with a doctorate or equivalent education degree. The Secretary shall, in consultation with the Marine Mammal Commission and the Sea Otter Recovery Implementation Team established under section 5, appoint members of the Team from among-- (1) representatives of Federal, State, or local agencies with expertise in sea otter management; (2) representatives of local marine user groups; (3) representatives of marine conservation and other public interest organizations; (4) representatives of organizations involved in southern sea otter rescue, rehabilitation, and release; and (5) representatives of scientific and educational organizations. (d) Terms.-- (1) In general.--Except as provided in paragraph (2), the term of a member of the Advisory Committee shall be 3 years. (2) Initial appointments.--Of the members first appointed as members of the Advisory Committee-- (A) 3 shall be appointed to an initial term of 1 year; and (B) 3 shall be appointed to an initial term of 2 years. (e) Conflicts of Interest.--A member of the Advisory Committee who participated in the development of a proposal may not participate in the review and recommendation of grants under section 4(c) with respect to the proposal by the Advisory Committee. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of the Interior to carry out this Act $5,000,000 for each of fiscal years 2004 through 2009, of which $2,000,000 each fiscal year shall be for grants under section 4. (b) Administrative Expenses.--Of amounts available each fiscal year to carry out section 6, the Secretary may expend not more than 6 percent or $80,000, whichever is greater, to pay the administrative expenses necessary to carry out section 6.
Southern Sea Otter Recovery and Research Act - Requires the Secretary of the Interior, acting through the United States Fish and Wildlife Service, to carry out a recovery program for southern sea otter populations along the coast of California. Requires the Secretary to: (1) develop a Southern Sea Otter Health Assessment Plan; (2) collect and analyze tissue samples from southern sea otters; and (3) submit the tissue to the Secretary of Commerce for inclusion in the National Marine Mammal Tissue Bank to allow for managed access to such tissues by other researchers. Requires the Secretary to: (1) award competitive grants to support research regarding southern sea otters; and (2) establish the Southern Sea Otter Recovery Implementation Team to make recommendations on overall southern sea otter recovery program administration and research goals, as well as funding of scientific research, serve as a link between the recovery program and stakeholders, and review the recommendations of the Southern Sea Otter Recovery Scientific Advisory Committee. Requires the Secretary to establish the Southern Sea Otter Recovery Scientific Advisory Committee to evaluate and make recommendations to the Team regarding the scientific merit and quality of southern sea otter research funding proposals.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Seniors Act of 1999''. SEC. 2. PRESCRIPTION DRUG ASSISTANCE UNDER THE MEDICAID PROGRAM. (a) Eligibility.--Section 1902(a)(10) of the Social Security Act (42 U.S.C. 1396a(a)(10)) is amended-- (1) in subparagraph (E)(iv)(II), by striking ``and'' at the end; (2) in subparagraph (F), by adding ``and'' at the end; and (3) by inserting after subparagraph (F) the following: ``(G) for making medical assistance described in section 1905(v) available (but only for prescribed drugs available under the State plan furnished during fiscal year 2000 and each fiscal year thereafter), for individuals who-- ``(i) are not otherwise eligible for medical assistance for prescribed drugs under the State plan; ``(ii) are enrolled in part B of title XVIII; and ``(iii) whose income does not exceed 175 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981) for a family of the size involved;''. (b) Benefit.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended by adding at the end the following: ``(v)(1) For purposes of section 1902(a)(10)(G), the medical assistance described in this subsection is the applicable percentage (determined under paragraph (2)) of a low-income medicare beneficiary's out-of-pocket expenditures for prescribed drugs available under the State plan. ``(2) For purposes of paragraph (1), the applicable percentage is-- ``(A) in the case of a low-income medicare beneficiary whose income does not exceed 100 percent of the official poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 for a family of the size involved), 100 percent; ``(B) in the case of a low-income medicare beneficiary whose income exceeds 100 but does not exceed 125 percent of such poverty line, 75 percent; ``(C) in the case of a low-income medicare beneficiary whose income exceeds 125 but does not exceed 150 percent of such poverty line, 50 percent; and ``(D) in the case of a low-income medicare beneficiary whose income exceeds 150 but does not exceed 175 percent of such poverty line, 25 percent. ``(3) In this subsection, the term `low-income medicare beneficiary' means an individual described in section 1902(a)(10)(G).''. (c) Conforming Amendment.--Section 1903(f)(4) of the Social Security Act (42 U.S.C. 1396b(f)(4)) is amended by striking ``or 1905(u)'' and inserting ``1905(u), or 1902(a)(10)(G)''. (d) Effective Date.--The amendments made by this section shall apply to medical assistance provided beginning with fiscal year 2000. SEC. 3. PAYMENTS TO STATES FOR COSTS AT A FEDERAL MATCHING RATE OF 100 PERCENT. (a) In General.--Section 1903 of the Social Security Act (42 U.S.C. 1396b) is amended-- (1) in the first sentence of subsection (b), by inserting ``and 1903(x)'' after ``1933(d)''; and (2) by adding at the end the following: ``(x) With respect to medical assistance described in section 1905(v) for individuals described in section 1902(a)(10)(G), and amounts expended for the proper and efficient administration of such sections, the Federal medical assistance percentage for such medical assistance and amounts is equal to 100 percent.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to medical assistance provided beginning with fiscal year 2000. SEC. 4. ON-GOING STATE MAINTENANCE OF EFFORT. Notwithstanding any other provision of law, the Secretary of Health and Human Services shall reduce payments to a State under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for a calendar quarter in a fiscal year to the extent that the Secretary determines that, for a quarter beginning on or after January 1, 2000-- (1) the level of State expenditures for medicare beneficiaries under any State-funded prescription drug program for such quarter is less than the level of such expenditures under such program during fiscal year 1999; or (2) the level of State expenditures for medical assistance provided to medicare beneficiaries under title XIX of such Act (42 U.S.C. 1396 et seq.) for such quarter is less than the level of such expenditures under such title during fiscal year 1999.
Directs the Secretary of Health and Human Services to reduce payments to a State for a calendar quarter in a fiscal year to the extent that the Secretary determines that certain State expenditure levels for Medicare beneficiaries related to any State- funded prescription drug program or Medicare medical assistance provided under Medicare is less than the level of such expenditures under Medicare or Medicaid during FY 1999.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Planning Amendments Act of 1993''. SEC. 2. PROJECT GRANTS AND CONTRACTS FOR FAMILY PLANNING SERVICES. (a) Requiring Certain Nondirective Counseling and Referral Services.--Section 1001 of the Public Health Service Act (42 U.S.C. 300) is amended-- (1) by redesignating subsections (b) through (d) as subsections (d) through (f), respectively; and (2) by inserting after subsection (a) the following subsection: ``(b)(1) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will provide to individuals information regarding pregnancy management options upon request of the individuals, and that such information will be provided only through individuals holding professional degrees in medicine or osteopathic medicine, nursing, clinical psychology, the allied health professions, or social work, through individuals meeting such other criteria as the Secretary determines to be appropriate for providing such information, or through individuals allowed under State law to provide such information. ``(2) With respect to compliance with the agreement made under paragraph (1), the family planning project involved, and any provider of services in the project, may not be required to provide information regarding a pregnancy management option if-- ``(A) the project or provider (as the case may be) objects to doing so on grounds of religious beliefs or moral convictions; and ``(B) the project refers the individual seeking services to another provider in the project, or to another project in the geographic area involved, as the case may be, that will provide such information. ``(3) For purposes of this subsection, the term `information regarding pregnancy management options' means nondirective counseling and referrals regarding-- ``(A) prenatal care and delivery; ``(B) infant care, foster care, and adoption; and ``(C) termination of pregnancy.''. (b) Compliance With State Laws on Parental Notification and Consent.--Section 1008 of the Public Health Service Act (42 U.S.C. 300a-6) is amended by inserting ``(a)'' before ``None'' and by adding at the end the following: ``(b)(1) No public or nonprofit entity that performs abortions may receive an award of a grant or contract under section 1001 unless the entity has certified to the Secretary that the entity is in compliance with State law regarding parental notification of or consent for the performance of an abortion on a minor which is enforced in the State in which the entity is located. ``(2) Paragraph (1) shall not be construed to require or prohibit a State's adoption of parental notification or parental consent laws regarding the performance of an abortion on a minor, or to require or prohibit the enforcement by a State of such laws.''. (c) Information on Condoms.--Section 1001 of the Public Health Service Act, as amended by subsection (a) of this section, is amended by inserting after subsection (b) the following subsection: ``(c) The Secretary may not make an award of a grant or contract under this section unless the applicant for the award agrees that the family planning project involved will-- ``(1) distribute only those condoms meeting current requirements for quality control and labeling, and any subsequently developed standards, established by the Food and Drug Administration for the prevention of pregnancy and the prevention of the transmission of sexually transmitted diseases; and ``(2) advise individuals of the benefits of the proper use of condoms, of the extent of risk that still exists with condom usage, and of the fact that condoms currently available do not completely eliminate the risk of pregnancy or the transmission of sexually transmitted diseases.''. (d) Authorization of Appropriations.--Section 1001(f) of the Public Health Service Act, as redesignated by subsection (a) of this section, is amended to read as follows: ``(f) For the purpose of grants and contracts under this section, there are authorized to be appropriated $220,000,000 for fiscal year 1994, and $250,000,000 for fiscal year 1995.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR TRAINING GRANTS AND CONTRACTS. Section 1003(b) of the Public Health Service Act (42 U.S.C. 300a- 1(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $6,250,000 for fiscal year 1994, and $7,000,000 for fiscal year 1995.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INFORMATIONAL AND EDUCATIONAL MATERIALS. Section 1005(b) of the Public Health Service Act (42 U.S.C. 300a- 3(b)) is amended to read as follows: ``(b) For the purpose of grants and contracts under subsection (a), there are authorized to be appropriated $12,000,000 for fiscal year 1994, and $13,500,000 for fiscal year 1995.''. SEC. 5. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) Sense of Congress Regarding Purchase of American-Made Equipment and Products.--In the case of any equipment or products that may be authorized in title X of the Public Health Service Act to be purchased with an award of a grant or contract under such title, it is the sense of the Congress that entities receiving such an award should in expending the award purchase only American-made equipment and products. (b) Notice to Recipients of Awards.--In making awards of grants and contracts under title X of the Public Health Service Act, the Secretary of Health and Human Services shall provide to each recipient of such an award a notice describing the statement made in subsection (a) by the Congress. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act take effect upon the date of the enactment of this Act. Passed the House of Representatives March 25, 1993. Attest: DONNALD K. ANDERSON, Clerk.
Family Planning Amendments Act of 1993 - Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth. Declares the sense of the Congress regarding buying American with financial assistance under title X (Population Research and Voluntary Family Planning Programs) of the Public Health Service Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Investing in our Human Resources Act of 2008''. SEC. 2. BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE. The Social Security Act is amended by adding at the end the following new title: ``TITLE XXII--BLOCK GRANTS TO STATES FOR TRANSITIONAL ASSISTANCE ``SEC. 2201. TRANSITIONAL ASSISTANCE 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 ``Transitional Assistance Trust Fund'', consisting of such amounts as may be appropriated or credited to the Transitional Assistance Trust Fund as provided in this section. ``(b) Transfer to Transitional Assistance Trust Fund of Amounts Equivalent to Certain Taxes.-- ``(1) In general.--There are hereby appropriated to the Transitional Assistance Trust Fund, out of any money in the Treasury not otherwise appropriated, amounts equivalent to the taxes received in the Treasury after September 30, 2009, that the Secretary of the Treasury determines are attributable to Internet gambling. ``(2) Method of transfer.--The amounts appropriated by paragraph (1) shall be transferred from time to time from the general fund in the Treasury to the Transitional Assistance Trust Fund. Such amounts shall be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in paragraph (1) of this subsection, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in paragraph (1) of this subsection. ``(c) Investment.-- ``(1) In general.--It shall be the duty of the Secretary of the Treasury to invest such portion of the Transitional Assistance Trust Fund as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States. For such purpose, such obligations may be acquired-- ``(A) on original issue at the issue price; or ``(B) by purchase of outstanding obligations at the market price. ``(2) Sale of obligations.--Any obligation acquired by the Transitional Assistance Trust Fund may be sold by the Secretary of the Treasury at the market price. ``(3) Interest on certain proceeds.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Transitional Assistance Trust Fund shall be credited to and form a part of the Transitional Assistance Trust Fund. ``(d) Expenditures From Transitional Assistance Trust Fund.-- Amounts in the Transitional Assistance Trust Fund shall be available, as provided by appropriation Acts, for making expenditures-- ``(1) to carry out section 2202; and ``(2) to carry out the Safe Internet Gambling Practices Program established under section 3 of the Investing in our Human Resources Act of 2008. ``SEC. 2202. TRANSITIONAL ASSISTANCE GRANT PROGRAM. ``(a) In General.--Each State shall be entitled to a payment under this section for each fiscal year in an amount equal to its allotment for such fiscal year, to be used by such State to carry out the State's plan for transitional assistance described in subsection (c), subject to the requirements of this section. ``(b) Plan Approval Required.--No State may receive a payment under this section unless the State submits the State's plan for transitional assistance described in subsection (c) to the Secretary and the Secretary approves such plan. ``(c) State Plan for Transitional Assistance.--A State plan for transitional assistance is described by this subsection if the plan-- ``(1) provides for expanded education opportunities for individuals who are, or were formerly, in foster care, including streamlining and coordinating education financing opportunities and providing counseling and assistance to such individuals for the purpose of ensuring completion of their academic goals; ``(2) provides for job training opportunities for individuals who are, or were formerly, in foster care; ``(3) provides, primarily through expanding access to and investment in community colleges, for expanded post-secondary education and job training opportunities that lead to a certificate, for individuals who are working in, or had worked in, declining sectors of the economy, as defined by the Secretary, and who want to pursue a new career in a sector of the economy with the potential for high wages and high growth, as defined by the Secretary; and ``(4) provides a subsidy for the use of public transportation by-- ``(A) individuals qualifying for benefits or services under title XX, including the Federal-State Unemployment Insurance Program; and ``(B) individuals participating in programs under the Workforce Investment Act. ``(d) Allotment.--The allotment for a fiscal year for a State receiving an allotment for such fiscal year shall be an amount equal to-- ``(1) the amount appropriated for such fiscal year under subsection (f), multiplied by ``(2) the ratio by which the population of the State bears to the population of all the States receiving an allotment for such fiscal year as determined by the Secretary (on the basis of the most recent data available from the Department of Commerce). ``(e) Definitions.--For purposes of this section: ``(1) In foster care.--The term `in foster care' means, with respect to an individual, an individual who is under the care and placement responsibility of the State agency responsible for administering a plan, in connection with such individual, under part B or part E of title IV. ``(2) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``(3) State.--The term `State' means the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands. ``(f) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year to the Secretary an amount from the Transitional Assistance Trust Fund equal to 90 percent of the total amount deposited into the Transitional Assistance Trust Fund pursuant to section 2201 during the previous fiscal year to carry out this section.''. SEC. 3. SAFE INTERNET GAMBLING PRACTICES PROGRAM. (a) In General.--The Secretary of Health and Human Services shall establish a national program to be known as the ``Safe Internet Gambling Practices Program''. The Safe Internet Gambling Practices Program shall-- (1) promote responsible Internet gambling behavior; and (2) promote the awareness of unsafe Internet gambling practices. (b) Authorization of Appropriations.--There are authorized to be appropriated for each fiscal year to the Secretary of Health and Human Services an amount from the Transitional Assistance Trust Fund equal to the amount deposited in the Transitional Assistance Trust Fund during the previous fiscal year not otherwise authorized to be appropriated under section 2202(f) of title XXII of the Social Security Act for such year to carry out this section.
Investing in our Human Resources Act of 2008 - Amends the Social Security Act to create a new title XXII: Block Grants to States for Transitional Assistance. Creates the Transitional Assistance Trust Fund, consisting of amounts equivalent to taxes attributable to Internet gambling. Entitles each state to a grant each fiscal year for a transitional assistance program which provides for: (1) expanded education and job training opportunities for individuals who are, or were formerly, in foster care; (2) expanded post-secondary education and job training opportunities for individuals who are working in, or had worked in, declining sectors of the economy; and (3) a subsidy for public transportation for unemployed individuals. Directs the Secretary of Health and Human Services to establish a Safe Internet Gambling Practices Program to promote responsible Internet gambling behavior and awareness of unsafe Internet gambling practices.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Voting Equipment Modernization Act of 2001''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION ADMINISTRATION IMPROVEMENT FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information and returns) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO ELECTION ADMINISTRATION IMPROVEMENT FUND ``Sec. 6098. Designation to Election Administration Improvement Fund. ``SEC. 6098. DESIGNATION TO ELECTION ADMINISTRATION IMPROVEMENT FUND. ``(a) In General.--Every individual (other than a nonresident alien) whose adjusted income tax liability for the taxable year is $1 or more may designate that $1 shall be paid over to the Election Administration Improvement Fund in accordance with the provisions of section 9511. In the case of a joint return of husband and wife having an adjusted income tax liability of $2 or more, each spouse may designate that $1 shall be paid to the fund. ``(b) Adjusted Income Tax Liability.--For purposes of subsection (a), the term `adjusted income tax liability' means, for any individual for any taxable year, the excess (if any) of-- ``(1) the income tax liability (as defined in section 6096(b)) of the individual for the taxable year, over ``(2) any amount designated by the individual (and, in the case of a joint return, any amount designated by the individual's spouse) under section 6096(a) for such taxable year. ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year-- ``(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or ``(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. ``(d) Termination.--Designations may be made under this section for taxable years beginning after December 31, 2001, and ending before January 1, 2004.'' (b) Election Administration Improvement Fund.--Subchapter A of chapter 98 of such Code (relating to establishment of trust funds) is amended by adding at the end the following new section: ``SEC. 9511. ELECTION ADMINISTRATION IMPROVEMENT FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Election Administration Improvement Fund', consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Election Administration Improvement Fund amounts equivalent to the amounts designated under section 6098. ``(c) Expenditures.--Amounts in the Election Administration Improvement Fund shall be available, as provided in appropriation Acts, for purposes of making payments to States under subsection (d), to the extent that such amounts exceed the aggregate of all Federal administrative costs attributable to the implementation of section 6098, subsections (a) and (b) of this section, and (with respect to such fund) section 9602. ``(d) Payments to States.-- ``(1) In general.--From the amounts available pursuant to subsection (c) for a fiscal year, the Federal Election Commission shall make a payment to each State for carrying out activities to improve the administration of elections for Federal office, including the purchase and maintenance of improved voting equipment and technology, in accordance with such criteria as the Commission may establish by regulation. ``(2) Amount of payment.--The amount of the payment made to a State for a fiscal year under this subsection shall be equal to the product of-- ``(A) the total amount available for payments under this subsection for the fiscal year; and ``(B) the amount (expressed as a percentage) equal to the population of the State divided by the total population of all States. ``(3) State defined.--In this subsection, the term `State' means each of the several States and the District of Columbia.'' (c) Clerical Amendments.-- (1) The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to Election Administration Improvement Fund.'' (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: ``Sec. 9511. Election Administration Improvement Fund.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001.
Voting Equipment Modernization Act of 2001 - Amends the Internal Revenue Code to permit, for a two year period, taxpayers to check-off one dollar to be paid into the Election Administration Improvement Fund (established by this Act) which shall provide funding to States for carrying out activities to improve the administration of elections for Federal office, including the purchase and maintenance of improved voting equipment and technology.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing Flexibility for Effective Schools Act''. SEC. 2. REFERENCES. Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ADEQUATE YEARLY PROGRESS. (a) Accountability.--Section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (I)(ii)-- (A) by striking ``95 percent'' the first place the term appears and inserting ``90 percent (which percentage shall be based on criteria established by the State in the State plan)''; and (B) by striking ``95 percent'' the second place the term appears and inserting ``90 percent''; (2) by redesignating subparagraph (K) as subparagraph (N); and (3) by inserting, after subparagraph (J), the following: ``(K) Single count of students.--In meeting the definition of adequate yearly progress under subparagraph (C), a student who may be counted in 2 or more groups described in subparagraph (C)(v)(II), may be counted as an equal fraction of 1 for each such group. ``(L) Students with disabilities requiring alternate assessments.--Notwithstanding any other provision of this part, a State may implement the amendments made to part 200 of title 34, Code of Federal Regulations on December 9, 2003 (68 Fed. Reg. 68698) (related to achievement of students with significant cognitive disabilities), as if such amendments-- ``(i) permitted the proficient or advanced scores on alternate assessments of not more than 3.0 percent of all tested students to be considered as proficient or advanced, respectively, for the purposes of determining adequate yearly progress, except that-- ``(I) any assessment given to any such so considered student for the purposes of determining such adequate yearly progress shall be required by the individualized education program of such so considered student; ``(II) the individualized education program shall reflect the need for any such alternate assessment based on the evaluation of such so considered student and the services provided such so considered student under section 614 of the Individuals with Disabilities Education Act; and ``(III) the individualized education program shall include written consent from the parent of such so considered student prior to such alternate assessment being administered; ``(ii) used the term `students requiring alternate assessments' in lieu of the term `students with the most significant cognitive disabilities'; and ``(iii) permitted the eligibility, of such so considered students to have the students' scores of proficient or advanced on alternate assessments counted as proficient or advanced for purposes of determining adequate yearly progress, to be determined by the State educational agency, except that such eligibility shall, at a minimum, include-- ``(I) such so considered students who are receiving services pursuant to a plan required under section 504 of the Rehabilitation Act of 1973; ``(II) the students described in subclause (I) who are assessed at a grade level below the grade level in which the students are enrolled (out of level assessments); and ``(III) the students described in subclause (I) who are considered students with the most significant cognitive disabilities, as defined by the State educational agency, on the day before the date of enactment of the Enhancing Flexibility for Effective Schools Act. ``(M) Other measures of adequate yearly progress.-- Notwithstanding any other provision of this paragraph, a State may establish in the State plan an alternative definition of adequate yearly progress, subject to approval by the Secretary under subsection (e). Such alternative definition may-- ``(i) include measures of student achievement over a period of time (such as a growth model or value added accountability system) or the progress of some or all of the groups of students described in subparagraph (C)(v) to the next higher level of achievement described in subparagraph (II) or (III) of paragraph (1)(D)(ii) as a factor in determining whether a school, local educational agency, or State has made adequate yearly progress, as described in this paragraph; or ``(ii) use the measures of achievement or the progress of groups described in clause (i) as the sole basis for determining whether the State, or a local educational agency or school within the State, has made adequate yearly progress, if-- ``(I) the primary goal of such definition is that all students in each group described in subparagraph (C)(v) meet or exceed the proficient level of academic achievement, established by the State, not later than 12 years after the end of the 2001-2002 school year; and ``(II) such definition includes intermediate goals, as required under subparagraph (H).''. (b) Assessments.--Section 1111(b)(3)(C) (20 U.S.C. 6311(b)(3)(C)) is amended-- (1) in clause (ix), by striking subclause (III) and inserting the following: ``(III) the inclusion of limited English proficient students, who-- ``(aa) may, consistent with paragraph (2)(M), be assessed, as determined by the local educational agency, through the use of an assessment which requires achievement of specific gains for up to 3 school years from the first year the student is assessed for the purposes of this subsection; ``(bb) may, at the option of the State educational agency, be assessed in the first year the student attends school in the United States (not including the Commonwealth of Puerto Rico); and ``(cc) shall not be included in any calculation of an adequate yearly progress determination when the student is in the first year of attendance at a school in the United States (not including the Commonwealth of Puerto Rico).''; and (2) in clause (x), by inserting ``of clause (ix)'' after ``subclause (III)''. (c) Regulations Affecting Limited English Proficient Children and Children With Disabilities.--Section 1111 (20 U.S.C. 6311) is amended by adding at the end the following: ``(n) Codification of Regulations Affecting Limited English Proficient Children.--Notwithstanding any other provision of this part, this part shall be implemented consistent with the amendments proposed to part 200 of title 34 of the Code of Federal Regulations on June 24, 2004 (69 Fed. Reg. 35462) (relating to the assessment of limited English proficient children and the inclusion of limited English proficient children in subgroups), as if such amendments permitted students who were previously identified as limited English proficient to be included in the group described in subsection (b)(2)(C)(v)(II)(dd) for 3 additional years, as determined by a local educational agency (based on the individual needs of a child) for the purposes of determining adequate yearly progress.''. SEC. 4. SCHOOL IMPROVEMENT AND PUBLIC SCHOOL CHOICE. Section 1116(b) (20 U.S.C. 6316(b)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (A), by inserting ``(in the same subject for the same group of students, as described in section 1111(b)(2)(C)(v))'' after ``2 consecutive years''; (B) in subparagraph (E)(i)-- (i) by striking ``In the case'' and inserting ``Except as provided in subparagraph (G), in the case''; and (ii) by striking ``all students enrolled in the school with the option to transfer to another public school'' and inserting ``students who failed to meet the proficient level of achievement on the assessments described in section 1111(b)(3), are enrolled in the school, and are in the group whose academic performance caused the identification under this paragraph, with the option to transfer to one other public school identified by and''; and (C) by adding at the end the following: ``(G) Options.--A local educational agency may offer supplemental educational services as described in subsection (e) in place of the option to transfer to another public school described in subparagraph (E), for the first school year a school is identified for improvement under this paragraph.''; (2) in the matter preceding subparagraph (A) of paragraph (5), by inserting ``for the same group of students'' after ``adequate yearly progress''; and (3) in the matter preceding clause (i) of paragraph (7)(C), by inserting ``for the same group of students'' after ``adequate yearly progress''. SEC. 5. SUPPLEMENTAL EDUCATIONAL SERVICES. Section 1116(e)(4) (20 U.S.C. 6316(e)(4)) is amended-- (1) in subparagraph (B), by inserting ``(developed through consultation with local educational agencies in the State)'' after ``objective criteria''; (2) in subparagraph (D), by striking ``and'' after the semicolon; (3) in subparagraph (E), by striking the period and inserting at the end ``; and''; and (4) by adding at the end the following: ``(F) develop procedures by which a local educational agency may-- ``(i) present complaints, and documentation of such complaints, to the State educational agency regarding the qualification, operation, and evaluation-- ``(I) of approved providers; and ``(II) providers of supplemental educational services seeking to become approved providers under this subsection; and ``(ii) demonstrate to the State educational agency that a provider of supplemental educational services should not be approved to provide supplemental educational services under this subsection to any students attending the schools served by the local educational agency.''. SEC. 6. FLEXIBILITY FOR SPECIAL EDUCATION MIDDLE OR SECONDARY SCHOOL TEACHERS. Section 9101(23)(B)(ii) (20 U.S.C. 7801(23)(B)(ii)) is amended-- (1) in subclause (I), by striking ``or'' after the semicolon; (2) in subclause (II), by striking ``; and'' and inserting ``; or''; and (3) by adding at the end the following: ``(III) in the case of a special education teacher, obtaining a State special education certificate that qualifies the teacher to teach special education in the State; and''.
Enhancing Flexibility for Effective Schools Act - Amends the Elementary and Secondary Education Act of 1965 to alter requirements for adequate yearly progress (AYP) assessments of student groups by: (1) lowering, from 95% to 90%, the minimum percentage of students in each group in a school that must take such assessments; (2) allowing the fractional counting of students who are in more than one group, for each such group; (3) allowing states to treat as proficient or advanced specified scores on alternate assessments for disabled students and those not proficient in English; and (4) allowing states to use alternative methods of defining AYP. Revises criteria for local educational agency (LEA) identification of schools needing improvement. Declares that only those meet such criteria that fail AYP standards, for two consecutive school years (as under current law), in the same subject for the same group of students. Revises eligibility criteria for school transfers after a school is identified as needing improvement. Declares that only failing students in the failing group, instead of all students in such a school, may transfer. Allows such schools to provide students with supplemental services rather than transfers during that school year. Requires states to develop procedures allowing LEAs to register complaints concerning approved supplemental service providers or those seeking the state's approval. Considers new middle or secondary school special education teachers to be highly qualified if, in addition to having a bachelor degree and high competence in their subject area, they have obtained a state special education certificate qualifying them to teach in the state.
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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 ``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 competition 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, such as testosterone, and other testosterone precursors (e.g., androstendione), 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, benzodiazepines, barbiturates, 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 individual grant award of not less than $500,000 per fiscal year. (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 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 2004, 2005, 2006, 2007, and 2008. 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 individual grant award of not less than $300,000 per fiscal year. (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 2004, 2005, 2006, 2007, and 2008. 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 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) High school.--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) College.--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) Local educational agency.--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.''.
Amateur Sports Integrity Act - Athletic Performance-Enhancing Drugs Research and Detection Act - Requires the Director of the National Institute of Standards and Technology to: (1) establish a program to support research into the use of performance-enhancing substances by athletes and methods of detecting their use; (2) consider research proposals involving performance-enhancing substances banned from use by competitors in events sanctioned by professional and collegiate sports organizations; (3) fund research on the detection of naturally-occurring steroids, other testosterone precursors, and other substances for which no tests are available but for which there is evidence of abuse or abuse potential; (4) fund research that focuses on population studies to ensure that tests are accurate for men, women, all relevant ages, and major ethnic groups; (5) not fund research on drugs of abuse; and (6) 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.Amends the Ted Stevens Olympic and Amateur Sports Act to make it unlawful to sponsor, operate, advertise, promote, license, or authorize a betting, gambling, or wagering scheme based on a competitive game at the Summer or Winter Olympics or in which high school or college athletes participate.
{"src": "billsum_train", "title": "A bill to direct the National Institute of Standards and Technology to establish a program to support research and training in methods of detecting the use of performance-enhancing drugs by athletes, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Financial Crisis Accountability Act of 2009''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the ``Commission on Financial Crisis Accountability'' (hereafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall conduct a study of the financial system in the United States. In conducting such study, the Commission shall examine the current financial crisis, its causes and its impact on the Federal deficit and tax revenues, including-- (1) regulation and transparency, (2) fraud and abuse, (3) the fairness and equity of the tax treatments of financial products and arrangements, and (4) the role of any and all participants in the financial services industry that the Commission deems necessary, including-- (A) government agencies, including the Department of Housing and Urban Development, Department of Treasury, the Securities and Exchange Commission, and any other agency the Commission considers necessary, (B) government-sponsored entities, including the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation, (C) the Board of Governors of the Federal Reserve System, and its banks and leadership, (D) the executive, legislative and judicial branches of government, (E) credit rating agencies, and (F) the Federal Deposit Insurance Corporation and the Commodities Futures Trading Corporation. (b) Report.--The Commission shall prepare a report to the Congress on its findings pursuant to the study conducted under subsection (a). Such report shall include a detailed statement of the findings, conclusions, and recommendations of the Commission and shall address the following: (1) The causes of the current financial crisis and how this kind of crisis can be avoided in the future. (2) The stage the current financial crisis is in and what can be expected in subsequent stages. (3) The impact of the current financial crisis on Federal revenues. (4) The extent to which the financial regulatory structure should be restructured. (5) The tax treatment of financial products and arrangements and how to make them more fair and equitable. (c) Shareholder Bill of Rights.--The Commission shall also make recommendations for investors bill of rights, which shall include necessary protections, as determined by the Commission, to prevent shareholders from being deprived of their rights and their savings. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 10 members appointed as follows: (1) 3 members shall be appointed by the majority leader of the Senate. (2) 3 members shall be appointed by the Speaker of the House of Representatives. (3) 2 members shall be appointed by the minority leader of the Senate. (4) 2 members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications.--The members shall have knowledge and expertise in matters to be studied by the Commission, except that the members shall not have a conflict of interest with any matter the Commission is required to review under section 3. (c) Terms.--Members shall be appointed for the life of the Commission. (d) Vacancies.--Any vacancy in the Commission shall be filled in the same manner as the original appointment. (e) Chair.--The Chair of the Commission shall be designated by the Speaker of the House of Representatives, after consulting with the majority leader of the Senate and the minority leaders of the House of Representatives and the Senate. (f) Deadline for Appointment.--The appointments of the members of the Commission shall be made no later than 30 days after the date of enactment of this Act. (g) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members shall each be paid at a rate not to exceed the rate of basic pay for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (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. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Retired Annuitants.--A member of the Commission who is an annuitant otherwise covered by section 8344 or section 8468 of title 5, United States Code, shall not be subject to the provisions of that section with respect to membership on the Commission by reason of membership on the Commission. (j) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (k) Meetings.-- (1) First meeting.--The Commission shall hold its first meeting on a date designated by the Speaker of the House of Representatives which is not later than 30 days after the date on which all members have been appointed. (2) Subsequent meetings.--After the first meeting, the Commission shall meet upon the call of the Chair. SEC. 5. STAFF OF COMMISSION. (a) Director.--The Commission shall have a Director who shall be appointed by the Chair. The Director shall be paid a rate not to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (b) Additional Staff.--In addition to the Director, the Chair may appoint and fix the pay of up to 3 staff members, except that any staff member appointed under this subsection shall not be paid at a rate to exceed the maximum rate of basic pay for GS-15 of the General Schedule. (c) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (d) Staff of Federal Agencies.--Upon the request of the Chair of the Commission, the head of any Federal department or agency may detail, without reimbursement, any of the personnel of that department or agency to the Commission to assist in carrying out its duties under this Act. SEC. 6. 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. (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 agency of the United States information necessary to enable it to carry out this Act. Upon the request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) 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. (e) 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. SEC. 7. REPORT. The Commission shall transmit the report required by section 3 to the President and Congress not later than 90 days after the date on which the members of the Commission are first appointed. SEC. 8. TERMINATION. The Commission shall terminate 30 days after the date on which the Commission submits its final report to the President and Congress under section 7. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act.
Commission on Financial Crisis Accountability Act of 2009 - Establishes the Commission on Financial Crisis Accountability to study and report to Congress on the U.S. financial system. Requires the Commission to examine the current financial crisis, its causes, and its impact on the federal deficit and tax revenues.
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SECTION 1. CREDIT FOR NON-CLINICAL TESTING EXPENSES FOR NEGLECTED DISEASE TREATMENTS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45R. NON-CLINICAL TESTING EXPENSES FOR NEGLECTED DISEASE TREATMENTS. ``(a) In General.--For purposes of section 38, the credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified non-clinical research expenses for the taxable year. ``(b) Qualified Non-clinical Research Expenses.-- ``(1) In general.--For purposes of this section, the term `qualified non-clinical research expenses' means the amounts which are paid or incurred by the taxpayer during the taxable year which would be described in subsection (b) of section 41 if such subsection were applied with the modifications set forth in paragraph (2). ``(2) Modifications.--For purposes of paragraph (1), subsection (b) of section 41 shall be applied by substituting `non-clinical research' for `qualified research' each place it appears in paragraphs (2) and (3) of such subsection. ``(3) Donation of rights to treatment required.--No credit shall be allowed under this section with respect to qualified non-clinical research expenses for a taxable year unless-- ``(A) during such taxable year, or in a previous taxable year, the taxpayer has made a charitable contribution of a license for the treatment with respect to which such qualified non-clinical research expenses were paid or incurred and either-- ``(i) the charitable contribution has the same meaning as defined in section 170(c) and such charitable contribution is made to a charitable organization where the charitable organization licensee researches, develops, or administers treatments for neglected conditions or diseases, or ``(ii) the charitable contribution is made to a foreign government or any subdivision or organization owned by the foregoing, but only if the contribution is made for exclusively public purposes, ``(B) the only commercial rights retained by the taxpayer with respect to such treatment are for an indication which is not a neglected condition or disease, and ``(C) no deduction has been allowed under any provision of this title with respect to such contribution. ``(c) Definition and Special Rules.--For purposes of this section-- ``(1) Non-clinical research.--The term `non-clinical research' means any research relating to the development of a treatment for a neglected disease or condition to the extent such research is not human clinical testing with respect to such treatment. ``(2) Neglected disease or condition.--The term `neglected disease or condition' means any of the following: ``(A) African trypanosomiasis. ``(B) Dengue fever. ``(C) Leishmaniasis. ``(D) Malaria. ``(E) Schistosomiasis. ``(F) Tuberculosis. ``(G) Chagas disease. ``(H) Leprosy. ``(I) Lymphatic filariasis. ``(J) Onchocerciasis. ``(K) Lassa Fever. ``(L) Soil Transmitted Helminthiasis. ``(M) Trachoma. ``(N) Yaws. ``(O) Dracunculiasis. ``(P) Cholera. ``(Q) Buruli Ulcer. ``(R) Any other infectious disease for which there is no significant market in developed nations and disproportionately affects poor and marginalized populations as determined and designated by regulation by the Secretary of the Treasury in consultation with the Secretary of Health and Human Services. ``(3) Certain rules made applicable.--Rules similar to the rules of paragraphs (1) and (2) of section 41(f), paragraph (4) of section 41(d), and subsections (b)(1)(C) and (c) of section 45C shall apply for purposes of this section. ``(4) Treatment as trade or business expense.--For purposes of this section and section 174 whether a qualified non- clinical research expense (determined after the application of this paragraph) is paid or incurred in connection with the taxpayer's trade or business shall be determined without regard to any contribution of licensing rights described in subsection (b)(3). ``(5) Expenses for which credits are allowable.--For purposes of this section, the limitations under section 280C are not applicable for purposes of determining whether an expense is deductible or chargeable to a capital account.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) the neglected disease credit determined under section 45R.''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the such Code is amended by adding at the end the following new item: ``Sec. 45R. Non-clinical testing expenses for neglected disease treatments.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009.
Amends the Internal Revenue Code to allow a tax credit for 50% of the non-clinical research expenses for certain infectious diseases or conditions for which there is no significant market in developed nations and which disproportionately affect poor and marginalized populations. Requires any taxpayer who claims this tax credit to donate to a charitable organization or foreign government for public purposes the rights to any license for treatment of such diseases.
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SECTION 1. AMENDMENTS TO UNITED STATES INSULAR POSSESSION PROGRAM. (a) Production Certificates.--The additional U.S. Note 5(h) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended-- (1) by amending subparagraphs (i) and (ii) to read as follows: ``(i) In the case of each calendar quarter beginning after January 1, 2002, and before January 1, 2016, the Secretaries jointly, shall: ``(A) verify for the preceding calendar quarter both the wages paid by each producer to permanent residents of the insular possessions (including the value of any fringe benefits) and the total quantity and value of watches produced in the insular possessions and imported into the customs territory of the United States; and ``(B) issue to each producer (not later than 30 days after the end of the calendar quarter) a certificate for the applicable amount. ``(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term `applicable amount' means an amount equal to the sum of: ``(A) 90 percent of the producer's creditable wages (including the value of any fringe benefits) on watch assembly during the preceding calendar quarter (but only the first 300,000 units per calendar year); plus ``(B) the applicable graduated declining percentage (determined each year by the Secretaries) of the producer's creditable wages (including the value of any fringe benefits) on the assembly during the preceding calendar quarter for units in excess of 300,000 that calendar year, but not in excess of 750,000 that calendar year; plus ``(C) the difference between the duties that would have been due on the producer's watches (excluding digital watches) imported into the customs territory of the United States during the preceding quarter if they had been imported from a country eligible for normal trade relations subject to duty at the rates set forth in column 1 under this chapter that were in effect on January 1, 2001, and the duties that would have been due on those watches if they had been imported from the same country under the tariffs in effect for the preceding calendar quarter.''; and (2) by amending subparagraph (v) to read as follows: ``(v)(A) Any certificate issued under subparagraph (i) shall entitle the certificate holder to secure the refund of duties equal to the face value of the certificate on watches, watch movements and, with the exception of discrete cases, parts therefor imported into the customs territory of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. If the Secretary of the Treasury determines that there is an insufficient level of duties from watch and watch-related tariffs, the Secretary may authorize refunds of duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate. ``(B) At the election of the certificate holder and upon making the certification described in this clause, the Secretary of the Treasury shall pay to the holder the face value of the certificate, less the value of (1) any duty refund claimed by the holder under the certificate, plus (2) a discount of not more than 2 percent of the face value of the certificate, as determined by the Secretary of the Treasury. A certificate holder shall not be eligible for direct payment under this clause unless the certificate holder certifies to the Secretaries that the funds received will be reinvested or utilized to support and continue employment in the Virgin Islands. ``(C) The Secretary of the Treasury is authorized to make the payments provided for in clause (B) from duties collected on watches, watch movements and, with the exception of discrete cases, parts therefor. If such duties are insufficient, the Secretary of the Treasury is authorized to make those payments from duties collected on jewelry under chapter 71 or any other duties that the Secretary determines are appropriate.''. (b) Jewelry.--Additional U.S. Note to chapter 71 of the Harmonized Tariff Schedule of the United States is amended-- (1) by redesignating paragraphs (b), (c), (d), and (e) as paragraphs (c), (d), (e), and (f), respectively; (2) by inserting after paragraph (a) the following new paragraph: ``(b) The 750,000 unit limitation in additional U.S. Note 5(h)(ii)(B) to chapter 91 shall not apply to articles of jewelry subject to this note.''; and (3) by striking paragraph (f), as so redesignated, and inserting the following: ``(f) Notwithstanding any other provision of law, prior to February 9, 2004, any article of jewelry provided for in heading 7113 that is assembled in the Virgin Islands, Guam, or American Samoa shall be treated as a product of the Virgin Islands, Guam, or American Samoa for purposes of this note and General Note 3(a)(iv) of this Schedule.''. SEC. 2. EFFECTIVE DATE. The amendments made by this Act shall take effect on April 1, 2002, with respect to goods imported into the customs territory of the United States on or after January 1, 2002.
Amends the Harmonized Tariff Schedule of the United States to revise clock and watch provisions to require the Secretary of Commerce and the Secretary of the Interior, jointly, for each calendar quarter beginning after January 1, 2002, and before January 1, 2016, to: (1) verify for the preceding calendar quarter both the wages paid by each producer to permanent residents of the insular possessions (including the value of any fringe benefits) and the total quantity and value of watches produced there and imported into the U.S. customs territory; and (2) issue to each producer a certificate for the applicable amount.Directs the Secretary of the Treasury, at the election of the certificate holder, to pay to the holder the face value of the certificate, less the value of any duty refund claimed by the holder under the certificate, plus a discount of not more than two percent of the face value of the certificate as determined by the Secretary of the Treasury.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Arbitration Fairness Act of 2007''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Federal Arbitration Act (now enacted as chapter 1 of title 9 of the United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power. (2) A series of United States Supreme Court decisions have changed the meaning of the Act so that it now extends to disputes between parties of greatly disparate economic power, such as consumer disputes and employment disputes. As a result, a large and rapidly growing number of corporations are requiring millions of consumers and employees to give up their right to have disputes resolved by a judge or jury, and instead submit their claims to binding arbitration. (3) Most consumers and employees have little or no meaningful option whether to submit their claims to arbitration. Few people realize, or understand the importance of the deliberately fine print that strips them of rights; and because entire industries are adopting these clauses, people increasingly have no choice but to accept them. They must often give up their rights as a condition of having a job, getting necessary medical care, buying a car, opening a bank account, getting a credit card, and the like. Often times, they are not even aware that they have given up their rights. (4) Private arbitration companies are sometimes under great pressure to devise systems that favor the corporate repeat players who decide whether those companies will receive their lucrative business. (5) Mandatory arbitration undermines the development of public law for civil rights and consumer rights, because there is no meaningful judicial review of arbitrators' decisions. With the knowledge that their rulings will not be seriously examined by a court applying current law, arbitrators enjoy near complete freedom to ignore the law and even their own rules. (6) Mandatory arbitration is a poor system for protecting civil rights and consumer rights because it is not transparent. While the American civil justice system features publicly accountable decision makers who generally issue written decisions that are widely available to the public, arbitration offers none of these features. (7) Many corporations add to their arbitration clauses unfair provisions that deliberately tilt the systems against individuals, including provisions that strip individuals of substantive statutory rights, ban class actions, and force people to arbitrate their claims hundreds of miles from their homes. While some courts have been protective of individuals, too many courts have upheld even egregiously unfair mandatory arbitration clauses in deference to a supposed Federal policy favoring arbitration over the constitutional rights of individuals. SEC. 3. DEFINITIONS. Section 1 of title 9, United States Code, is amended-- (1) by amending the heading to read as follows: ``Sec. 1. Definitions''; (2) by inserting before ```Maritime''' the following: ``As used in this chapter--''; (3) by striking ```Maritime transactions''' and inserting the following: ``(1) `maritime transactions';''; (4) by striking ``commerce'' and inserting the following: ``(2) `commerce'''; (5) by striking ``, but nothing'' and all that follows through the period at the end, and inserting a semicolon; and (6) by adding at the end the following: ``(3) `employment dispute', as herein defined, means a dispute between an employer and employee arising out of the relationship of employer and employee as defined by the Fair Labor Standards Act; ``(4) `consumer dispute', as herein defined, means a dispute between a person other than an organization who seeks or acquires real or personal property, services, money, or credit for personal, family, or household purposes and the seller or provider of such property, services, money, or credit; ``(5) `franchise dispute', as herein defined, means a dispute between a franchisor and franchisee arising out of or relating to contract or agreement by which-- ``(A) a franchisee is granted the right to engage in the business of offering, selling, or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor; ``(B) the operation of the franchisee's business pursuant to such plan or system is substantially associated with the franchisor's trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and ``(C) the franchisee is required to pay, directly or indirectly, a franchise fee; and ``(6) `pre-dispute arbitration agreement', as herein defined, means any agreement to arbitrate disputes that had not yet arisen at the time of the making of the agreement.''. SEC. 4. VALIDITY AND ENFORCEABILITY. Section 2 of title 9, United States Code, is amended-- (1) by amending the heading to read as follows: ``Sec. 2. Validity and enforceability'', (2) by inserting ``(a)'' before ``A written''; (3) by striking ``, save'' and all that follows through ``contract'', and inserting ``to the same extent as contracts generally, except as otherwise provided in this title''; and (4) by adding at the end the following: ``(b) No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of-- ``(1) an employment, consumer, or franchise dispute; or ``(2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power. ``(c) An issue as to whether this chapter applies to an arbitration agreement shall be determined by Federal law. Except as otherwise provided in this chapter, the validity or enforceability of an agreement to arbitrate shall be determined by the court, rather than the arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. ``(d) Nothing in this chapter shall apply to any arbitration provision in a collective bargaining agreement.''. SEC. 5. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the date of the enactment of this Act and shall apply with respect to any dispute or claim that arises on or after such date.
Arbitration Fairness Act of 2007 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of: (1) an employment, consumer, or franchise dispute, or (2) a dispute arising under any statute intended to protect civil rights or to regulate contracts or transactions between parties of unequal bargaining power. Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts arbitration provisions in collective bargaining agreements from this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Construction Quality Assurance Act of 2000''. SEC. 2. FINDINGS. Congress finds the following: (1) In the construction industry, specialty subcontractors now perform the majority of construction work, in certain cases 100 percent of the work, under the management of a prime contractor, making the subcontractors' price and performance the key determinant in the overall cost of construction projects, including those performed for the Federal Government. (2) Detrimental practices known as ``bid shopping'' and ``bid peddling'' exist in the construction industry, including construction projects for the Federal Government. (3) ``Bid shopping'' occurs when a contractor, after award of a contract, contracts with subcontractors at a price less than the quoted price of the subcontractor upon which the contractor's fixed bid price was based, in order to increase the contractor's profit on the project without any benefit to the entity for which the contract is being performed. (4) ``Bid peddling'' occurs when a subcontractor that is not selected for inclusion in a contractor's team seeks to induce the contractor, after award of the contract, to substitute the subcontractor for another subcontractor whose bid price was reflected in the successful bid of the contractor by offering to reduce its price for performance of the specified work, suggesting that the previous offer of the subcontractor was padded or incorrect. (5) Bid shopping and bid peddling-- (A) threaten the integrity of the competitive bid system for construction that benefits the Federal Government, the construction industry, and the economy of the United States as a whole; (B) deprive taxpayers of the benefits of full and open competition among prospective contractors and subcontractors for the performance of Federal construction projects; (C) expose Federal construction projects to the dangers of substandard performance, substitution of lower quality materials, and other detrimental cost- cutting practices by an unscrupulous substituted subcontractor; and (D) can be effectively deterred in Federal construction by modifying the Federal Acquisition Regulation to require bid listing, which is the practice of requiring each offeror for a Federal construction contract to list the subcontractors whose performance is reflected in the bid price, procedures for the substitution of listed subcontractors for good cause, and other deterrents to abuse. SEC. 3. IMPLEMENTATION THROUGH THE GOVERNMENT-WIDE PROCUREMENT REGULATIONS. (a) Proposed Revisions.--Proposed revisions to the Government-wide Federal Acquisition Regulation to implement the provisions in this Act shall be published not later than 120 days after the date of the enactment of this Act and provide not less than 60 days for public comment. (b) Final Regulations.--Final regulations shall be published not less than 180 days after the date of enactment of this Act and shall be effective on the date that is 30 days after the date of publication. SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS ON CONSTRUCTION PROJECTS. (a) Requirement to List Subcontractors.-- (1) In general.--(A) Each solicitation by an executive agency for the procurement of construction in an amount in excess of $1,000,000 shall require each bidder to submit as part of its bid the name, location of the place of business, and nature of the work of each subcontractor with whom the bidder, if awarded the contract, will subcontract for work in an amount in excess of $100,000 on the contract. (2) Requirements for specific categories.--(A) Except as provided in subparagraphs (B) and (C), the bidder shall list only one subcontractor for each category of work as defined by the bidder in its bid or proposal. (B) A bidder may list multiple subcontractors for a category of work if each such subcontractor is listed to perform a discreet portion of the work within a category. (C) A bidder may list itself for any portion of work under the contract, which shall be deemed a representation by the bidder that it is fully qualified to perform that portion of the work itself and that the bidder will perform that portion itself. (3) Result of failure to list subcontractors.--An executive agency shall consider any bidder that fails to list subcontractors in accordance with this Act and the regulations promulgated pursuant to section 3 of this Act to be non responsible. (b) Procedures for Substitution of a Listed Subcontractor.-- (1) Consent and good cause required.--No contractor shall substitute a subcontractor in place of the subcontractor listed in the original bid or proposal, except with the consent of the contracting officer for good cause. (2) Examples of good cause.--Good cause under paragraph (1) shall include the following: (A) Failure of the subcontractor to execute a written contract after a reasonable period if such written contract, based upon the terms, conditions, plans, and specifications of the contract and the terms of the subcontractor's bid or proposal, is presented to the subcontractor by the contractor. (B) Bankruptcy of the subcontractor. (C) The death or physical disability of the subcontractor, if the subcontractor is an individual. (D) Dissolution of the subcontractor, if the subcontractor is a corporation or partnership. (E) Failure of a subcontractor to meet the surety bond requirements specified by the bidder as a condition of the subcontractor to perform on the contract, if awarded to the bidder. (F) The subcontractor is ineligible to perform on the subcontract because the subcontractor is suspended, debarred, or otherwise ineligible to perform. (G) A series of failures by the subcontractor to perform in accordance with the specification, terms, and conditions of its subcontract resulting in the withholding of amounts requested by the subcontractor in accordance with section 3905 of title 31, United States Code, and the regulations implementing such section. (H) Failure of the subcontractor to comply with a requirement of law applicable to the subcontractor. (I) Failure or refusal of the subcontractor to perform the subcontract. (3) Requests for substitution.--A request of a contractor for a substitution of a listed subcontractor shall be submitted in writing to the contracting officer and shall include the reasons for the request. The contractor shall provide a copy of its request for substitution to the listed subcontractor by any means that provides written third-party verification of delivery to the last known address of the subcontractor. A subcontractor who has been so notified shall have five working days within which to submit written objections to the substitution to the contracting officer. Failure to file such written objections shall constitute the consent of the listed subcontractor to the substitution. (c) Limitation on Assignment, Transfer, or Substitution.-- (1) Limitation on assignment or transfer.--No contractor shall permit any subcontract to be voluntarily assigned or transferred or to be performed by any entity other than the subcontractor listed in the bid or proposal without the consent of the contracting officer. Consent of the contracting officer to a contractor for a substitution shall-- (A) be promptly made in writing; and (B) be included in the contract file. (2) Limitation on substitution.--No contractor that listed itself for a portion of the work under the contract shall subcontract any portion of the work for which it listed itself, unless authorized by the contracting officer to substitute one or more subcontractors to perform such work. (d) Imposition of Liquidated Damages.-- (1) In general.--(A) A contractor shall be subject to payment of liquidated damages if, without obtaining the approval of the contracting officer, the contractor-- (i) replaces a listed subcontractor for a contract with an executive agency; or (ii) awards a subcontract to a subcontractor to perform work which the contractor had identified as work to be performed directly by the contractor. (B) A subcontractor shall also be subject to the payment of liquidated damages if the subcontractor is determined to have knowingly participated in the failure of the contractor to comply with the regulatory provisions relating to the substitution of a listed subcontractor. (2) Amount of damages to be imposed.--The amount of liquidated damages imposed under this subsection shall be equal to the greater of-- (A) 10 percent of the amount of the bid by the listed subcontractor; (B) the difference between the amount of the bid by the listed subcontractor and the amount of the bid by the substituted subcontractor; or (C) the difference between the amount of the bid by a substituted subcontractor and the dollar value specified by the contractor for the work for which the contractor had listed for its own performance. (e) Grounds for Suspension or Debarment.--The imposition of liquidated damages on a contractor or subcontractor for failure to comply with the procedures for the substitution of subcontractors on 2 contracts within a 3-year period shall be deemed to be adequate evidence of the commission of an offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of a Government contractor within the meaning of part 9.4 of the Federal Acquisition Regulation (Debarment, Suspension, and Eligibility) (49 CFR 9.4). (f) Modification of Federal Acquisition Regulation.--The Administrator for Federal Procurement Policy shall ensure that the Federal Acquisition Regulation is modified, in accordance with section 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 421), to carry out the requirements of this Act. SEC. 5. DEFINITIONS. In this Act-- (1) the term ``contractor'' means an entity that contracts with an executive agency for the procurement of construction in an amount in excess of $1,000,000; and (2) the term ``subcontract'' means an entity that subcontracts with such a contractor in an amount in excess of $100,000 for work on a construction contract with an executive agency in an amount in excess of $1,000,000.
Requires each solicitation by an executive agency for the procurement of construction in excess of $1 million to require each bidder to submit as part of such bid the name, business location, and nature of work of each subcontractor with whom such bidder, if awarded the contract, will subcontract for work in excess of $100,000. Considers as non-responsive any bidder that fails to list such subcontractors. Outlines required procedures for the substitution of a listed subcontractor, including consent by the contracting officer for good cause shown. Outlines examples of good cause and requirements for substitution requests. Prohibits, without good cause shown, the assignment or transfer of a subcontract. Imposes damages upon a contractor for violation of substitution requirements. States that the imposition of such damages shall be grounds for the disbarment or suspension of a contractor from Federal contracts.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Innovative Small Businesses Act''. SEC. 2. ANGEL INVESTMENT TAX CREDIT. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30E. ANGEL INVESTMENT TAX CREDIT. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified equity investments made by a qualified investor during the taxable year. ``(b) Qualified Equity Investment.--For purposes of this section-- ``(1) In general.--The term `qualified equity investment' means any equity investment in a qualified small business entity if-- ``(A) such investment is acquired by the taxpayer at its original issue (directly or through an underwriter) solely in exchange for cash, and ``(B) such investment is designated for purposes of this section by the qualified small business entity. ``(2) Equity investment.--The term `equity investment' means-- ``(A) any form of equity, including a general or limited partnership interest, common stock, preferred stock (other than nonqualified preferred stock as defined in section 351(g)(2)), with or without voting rights, without regard to seniority position and whether or not convertible into common stock or any form of subordinate or convertible debt, or both, with warrants or other means of equity conversion, and ``(B) any capital interest in an entity which is a partnership. ``(3) Redemptions.--A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this subsection. ``(c) Qualified Small Business Entity.--For purposes of this section-- ``(1) In general.--The term `qualified small business entity' means any domestic corporation or partnership if such corporation or partnership-- ``(A) is a small business (as defined in section 41(b)(3)(D)(iii)), ``(B) has its headquarters in the United States, ``(C) is engaged in a high technology trade or business related to-- ``(i) advanced materials, nanotechnology, or precision manufacturing, ``(ii) aerospace, aeronautics, or defense, ``(iii) biotechnology or pharmaceuticals, ``(iv) electronics, semiconductors, software, or computer technology, ``(v) energy, environment, or clean technologies, ``(vi) forest products or agriculture, ``(vii) information technology, communication technology, digital media, or photonics, ``(viii) life sciences or medical sciences, ``(ix) marine technology or aquaculture, ``(x) transportation, or ``(xi) any other high technology trade or business as determined by the Secretary, ``(D) has been in existence for less than 5 years as of the date of the qualified equity investment, ``(E) employs less than 100 full-time equivalent employees as of the date of such investment, ``(F) has more than 50 percent of the employees performing substantially all of their services in the United States as of the date of such investment, and ``(G) has equity investments designated for purposes of this paragraph. ``(2) Designation of equity investments.--For purposes of paragraph (1)(G), an equity investment shall not be treated as designated if such designation would result in the aggregate amount which may be taken into account under this section with respect to equity investments in such corporation or partnership exceeds-- ``(A) $10,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for the taxable year and all preceding taxable years, ``(B) $2,000,000, taking into account the total amount of all qualified equity investments made by all taxpayers for such taxable year, and ``(C) $1,000,000, taking into account the total amount of all qualified equity investments made by the taxpayer for such taxable year. ``(d) Qualified Investor.--For purposes of this section-- ``(1) In general.--The term `qualified investor' means an accredited investor, as defined by the Securities and Exchange Commission, investor network, or investor fund who review new or proposed businesses for potential investment. ``(2) Investor network.--The term `investor network' means a group of accredited investors organized for the sole purpose of making qualified equity investments. ``(3) Investor fund.-- ``(A) In general.--The term `investor fund' means a corporation that for the applicable taxable year is treated as an S corporation or a general partnership, limited partnership, limited liability partnership, trust, or limited liability company and which for the applicable taxable year is not taxed as a corporation. ``(B) Allocation of credit.-- ``(i) In general.--Except as provided in clause (ii), the credit allowed under subsection (a) shall be allocated to the shareholders or partners of the investor fund in proportion to their ownership interest or as specified in the fund's organizational documents, except that tax-exempt investors shall be allowed to transfer their interest to investors within the fund in exchange for future financial consideration. ``(ii) Single member limited liability company.--If the investor fund is a single member limited liability company that is disregarded as an entity separate from its owner, the credit allowed under subsection (a) may be claimed by such limited liability company's owner, if such owner is a person subject to the tax under this title. ``(4) Exclusion.--The term `qualified investor' does not include-- ``(A) a person controlling at least 50 percent of the qualified small business entity, ``(B) an employee of such entity, or ``(C) any bank, bank and trust company, insurance company, trust company, national bank, savings association or building and loan association for activities that are a part of its normal course of business. ``(e) National Limitation on Amount of Investments Designated.-- ``(1) In general.--There is an angel investment tax credit limitation of $500,000,000 for each of calendar years 2018 through 2022. ``(2) Allocation of limitation.--The limitation under paragraph (1) shall be allocated by the Secretary among qualified small business entities selected by the Secretary. ``(3) Carryover of unused limitation.--If the angel investment tax credit limitation for any calendar year exceeds the aggregate amount allocated under paragraph (2) for such year, such limitation for the succeeding calendar year shall be increased by the amount of such excess. No amount may be carried under the preceding sentence to any calendar year after 2027. ``(f) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--Except as provided in paragraph (2), the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--In the case of an individual who elects the application of this paragraph, for purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subpart A for any taxable year (determined after application of paragraph (1)) by reason of subparagraph (A) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section) and section 27 for the taxable year. ``(C) Carryforward of unused credit.--If the credit allowable under subsection (a) by reason of subparagraph (A) exceeds the limitation imposed by section 26(a)(1) or subparagraph (B), whichever is applicable, for such taxable year, reduced by the sum of the credits allowable under subpart A (other than this section) for such taxable year, such excess shall be carried to each of the succeeding 20 taxable years to the extent that such unused credit may not be taken into account under subsection (a) by reason of subparagraph (A) for a prior taxable year because of such limitation. ``(g) Special Rules.-- ``(1) Related parties.--For purposes of this section-- ``(A) In general.--All related persons shall be treated as 1 person. ``(B) Related persons.--A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b). ``(2) Basis.--For purposes of this subtitle, the basis of any investment with respect to which a credit is allowable under this section shall be reduced by the amount of such credit so allowed. This subsection shall not apply for purposes of sections 1202, 1397B, and 1400B. ``(3) Recapture.--The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified equity investment which is held by the taxpayer less than 3 years, except that no benefit shall be recaptured in the case of-- ``(A) transfer of such investment by reason of the death of the taxpayer, ``(B) transfer between spouses, ``(C) transfer incident to the divorce (as defined in section 1041) of such taxpayer, or ``(D) a transaction to which section 381(a) applies (relating to certain acquisitions of the assets of one corporation by another corporation). ``(h) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations-- ``(1) which prevent the abuse of the purposes of this section, ``(2) which impose appropriate reporting requirements, and ``(3) which apply the provisions of this section to newly formed entities.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of the Internal Revenue Code of 1986 is amended-- (1) in paragraph (35), by striking ``plus''; (2) in paragraph (36), by striking the period at the end and inserting ``, plus''; and (3) by adding at the end the following new paragraph: ``(37) the portion of the angel investment tax credit to which section 30E(f)(1) applies.''. (c) Conforming Amendments.-- (1) Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by inserting after paragraph (37) the following new paragraph: ``(38) to the extent provided in section 30E(g)(2).''. (d) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 30E. Angel investment tax credit.''. (e) Effective Date.--The amendments made by this section shall apply to investments made after December 31, 2017, in taxable years ending after such date. (f) Regulations on Allocation of National Limitation.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Treasury or the Secretary's delegate shall prescribe regulations which specify-- (1) how small business entities shall apply for an allocation under section 30E(e)(2) of the Internal Revenue Code of 1986, as added by this section; (2) the competitive procedure through which such allocations are made; (3) the criteria for determining an allocation to a small business entity, including-- (A) whether the small business entity is located in a State that is historically underserved by angel investors and venture capital investors; (B) whether the small business entity has received an angel investment tax credit, or its equivalent, from the State in which the small business entity is located and registered; (C) whether small business entities in low-, medium-, and high-population density States are receiving allocations; and (D) whether the small business entity has been awarded a Small Business Innovative Research or Small Business Technology Transfer grant from a Federal agency; (4) the actions that such Secretary or delegate shall take to ensure that such allocations are properly made to qualified small business entities; and (5) the actions that such Secretary or delegate shall take to ensure that angel investment tax credits are allocated and issued to the taxpayer. (g) Audit and Report.--Not later than January 31, 2021, the Comptroller General of the United States, pursuant to an audit of the angel investment tax credit program established under section 30E of the Internal Revenue Code of 1986 (as added by subsection (a)), shall report to Congress on such program, including all qualified small business entities that receive an allocation of an angel investment credit under such section.
Invest in Innovative Small Businesses Act This bill amends the Internal Revenue Code to allow a new business-related tax credit equal to 25% of the equity investments made by a qualified investor  in a domestic corporation or partnership that: is a small business, has its headquarters in the United States, is engaged in a specified high technology trade or business, has been in existence for less than 5 years, employs fewer than 100 full-time employees, has more than 50% of its employees performing substantially all of their services in the United States, and has certain equity investments designated for the purposes of this bill that do not exceed specified amounts. The bill limits the allowable amount of such credit to the excess of the sum of regular tax liability, plus the tax under provisions regarding the alternative minimum tax, over the sum of specified tax credits allowed for the year. It also imposes an overall limitation on such credit of $500 million for each of calendar years 2018 through 2022.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Sludge in Food Production Consumer Notification Act''. SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j)(1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied. ``(2) In this paragraph, the term `sewage sludge' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations).''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4 of the Egg Products Inspection Act (21 U.S.C. 1033) is amended-- (1) in paragraph (a)-- (A) by striking ``or'' at the end of subparagraph (7); (B) by striking the period at the end of subparagraph (8) and inserting ``; or''; and (C) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(aa) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended-- (1) in paragraph (m)-- (A) by striking ``or'' at the end of subparagraph (8); (B) by striking the period at the end of subparagraph (9) and inserting ``; or''; and (C) by adding at the end the following: ``(10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(x) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is amended-- (1) in paragraph (g)-- (A) by striking ``or'' at the end of subparagraph (7); (B) by striking the period at the end of subparagraph (8) and inserting ``; or''; and (C) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(cc) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (e) Relation to National Organic Program.-- (1) In general.--Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture. (2) Definition.--In this subsection, the term ``sewage sludge'' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations), except that such term includes ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works.
Sewage Sludge in Food Production Consumer Notification Act This bill amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to require consumers to be notified regarding food produced from crops, poultry, or livestock on land in which sewage sludge was applied. Sewage sludge is solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Under the bill, if consumers are not notified regarding food produced on land on which sewage sludge was applied, the food is considered adulterated food subject to Food and Drug Administration or Department of Agriculture recalls.
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SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``State National Forest Management Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Definitions. Sec. 3. State selection of eligible portions of the National Forest System for acquisition and management. Sec. 4. Transition provisions during the exchange-transition period. Sec. 5. Transition provisions outside the transition period. Sec. 6. Miscellaneous duties of the parties and other provisions relating to the transfer. SEC. 2. DEFINITIONS. In this Act: (1) The term ``Commissioner'' means the head of the Department of Natural Resources of a State or comparable State agency. (2) The term ``eligible portions of the National Forest System'' means all right, title, and interest of the United States in and to the surface and subsurface lands and real property (including structures and facilities owned by the Forest Service) included as part of the National Forest System in a State. The term does not include Conservation System Units (as that term is defined in the Alaska National Interest Lands Conservation Act) and areas or national memorials protected by an Act of Congress. (3) The term ``Federal obligation''-- (A) means any obligation or duty of the Forest Service arising out of any lease, permit, license, contract, and other legal instruments issued by or with the Forest Service relating to eligible portions of the National Forest System; and (B) does not include any obligation with respect to a Federal law, regulation, or policy. (4) The term ``forest operations'' means the development of forest operating plans for eligible portions of the National Forest System acquired by a States, including the conduct of inventories of timber resources and the engineering of necessary access needed necessary for timber management and related management activities. (5) The term ``patent date'' means the last day of the selection-transition period. (6) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (7) The term ``selection date'' means the date on which a State elects to acquire eligible portions of the National Forest System and notifies the Secretary of such election under section 3(a). (8) The term ``selection-transition period'' means the period beginning on the selection date and ending no more than one year thereafter, on the patent date. (9) The term ``State'' means each of the several States and the Commonwealth of Puerto Rico. (10) The term ``State forest practices law'' means a forest practices law applicable to State or privately owned forest land in a State, including established silvicultural best management practices or other regulations for forest management practices related to clean water, soil quality, wildlife or forest health. (11) The term ``State obligation'' means any obligation or duty of the State arising out of any lease, permit, license, contract and other legal instruments issued by or with the State relating to the selected lands under this Act. SEC. 3. STATE SELECTION OF ELIGIBLE PORTIONS OF THE NATIONAL FOREST SYSTEM FOR ACQUISITION AND MANAGEMENT. (a) Selection Authorized; Conveyance Required.--During the 10-year period beginning on the date of the enactment of this Act, if a State elects pursuant to subsection (b) to select and acquire eligible portions of the National Forest System in that State under the terms and conditions of this Act and notifies the Secretary of such selection, then the Secretary shall convey the eligible portions of the National Forest System so selected to the State in accordance with subsection (d). All conveyances shall be subject to valid existing rights. (b) Form of Election.--The election by a State to select and acquire eligible portions of the National Forest System in that State pursuant to subsection (a) shall be executed in the form of a bill enacted into law by the legislature of that State. Such a law shall provide, at a minimum, the following: (1) That the State elects to acquire eligible portions of the National Forest System in that State-- (A) pursuant to purchase for fair-market value; (B) in exchange for State lands of equal value; (C) in satisfaction of land selection rights pursuant to the law by which the State was admitted to the Union; or (D) any combination of the preceding paragraphs. (2) Identifies the eligible portions of the National Forest System to be acquired and the method by which the State will acquire the land. (3) Acceptance by the State that acquisition of the identified eligible portions of the National Forest System is subject to valid existing rights. (4) Acceptance by the State of the procedures specified in this Act and the transition provisions of this Act. (5) In the case of the State of Alaska, acceptance by the State of the rights and obligations of the United States under the Alaska Native Claims Settlement Act with respect to acquired lands, rights in such lands, and use of lands acquired by that State shall not be infringed by that State. (6) Specification that up to 50 percent of the annual harvest of timber from eligible portions of the National Forest System to be acquired shall be offered in at least 10-year contracts, and timber sales shall, to the maximum extent practicable, provide sufficient volume to meet the needs of all wood processing operations existing in that State as of the date of the enactment of this Act, and forest operations shall be performed in compliance with the State forest practices law. (7) Acceptance by the State that eligible portions of the National Forest System open to mineral entry under the general mining laws of the United States shall remain open to mineral entry under State law unless subsequently changed by a State mineral closing order. (c) Multiple State Laws; Acreage Limitation.--During the selection period specified in subsection (a), a State may enact more than one law to select and acquire eligible portions of the National Forest System in that State, except that the total quantity of National Forest System land acquired by the State under this Act may not exceed 2,000,000 acres. (d) Procedure.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, the Secretary shall prepare patents conveying the National Forest System lands selected by the State and shall convey such patents to the State on the patent date. The duty of the Secretary to prepare and convey such patents under this Act shall be purely ministerial and conveyance of the patent on the patent date shall not be withheld or conditioned by any other provision of law except as provided herein. The United States Supreme Court shall have exclusive jurisdiction to issue such writs and compel such actions as may be necessary to accomplish the conveyance made under this Act. (e) Other Property.--Beginning on the selection date for a State's acquisition of eligible portions of the National Forest System in that State, in addition to other conveyances made under this Act, the Secretary shall convey the right and title to and interest of the United States in all other types of property (including real and personal property) used for purposes of operating, administering, and managing the acquired National Forest System land in that State. Such property shall be transferred on the patent date and include only that property which is owned by the United States and used by the Forest Service primarily on the eligible portions of the National Forest System selected by the State. (f) Other Uses.--Beginning on the selection date and concurrent with the selection and conveyance of the National Forest System lands and property under this Act, the Secretary shall transfer all existing special use permits related to the acquired National Forest System lands and property to the State. SEC. 4. TRANSITION PROVISIONS DURING THE EXCHANGE-TRANSITION PERIOD. (a) Existing Obligations of the United States.--The United States shall remain obligated for all Federal obligations incurred prior to the patent date. (b) Employees.--During the selection-transition period, to the extent practicable, the State shall interview each person employed by the Forest Service on the date of the enactment of this Act whose employment is made redundant by this Act for purposes of reemployment by the State in a comparable job within the new State administrative system for the National Forest System lands acquired by the State under this Act. Employees who do not secure employment with the State shall have the option of placement in an equivalent position available within the Federal Government. (c) Management Pending Conveyance.--During the selection-transition period and until the patent date, except as provided otherwise under this Act, eligible portions of the National Forest System not yet patented to the State under this Act shall be administered and managed under applicable Federal law and land management plans. (d) Transfer of Certain Receipts.--Receipts from all rentals or sales occurring on eligible portions of the National Forest System selected by a State during the selection-transition period shall be kept in escrow and transferred to the State on the patent date. SEC. 5. TRANSITION PROVISIONS OUTSIDE THE TRANSITION PERIOD. (a) Management of Selected Lands.--Beginning on the patent date, eligible portions of the National Forest System conveyed to a State under this Act shall be administered and managed primarily for timber production pursuant to the State forest practices law, except as otherwise provided in this Act for the period provided by this Act. (b) Land Designations.--Land use designations in effect on the date of the enactment of this Act for eligible portions of the National Forest System conveyed to a State under this Act under the applicable land management plan shall continue in effect until the patent date. (c) Subsistence Use After the Selection Date.--In the case of eligible portions of the National Forest System in the State of Alaska, the Secretary of the Interior shall retain continuing authority to manage subsistence uses of fish and wildlife on National Forest System lands conveyed under this Act until the patent date. (d) Access.-- (1) Easements.--The Secretary, in accordance with the applicable forest transportation plan for a unit of the National Forest System and any transportation plan of the State, shall provide access in the form of easements across lands owned by the United States to and from eligible portions of the National Forest System conveyed to the State. The duty of the Secretary to deliver patents for such easements shall be purely ministerial and shall not be withheld or conditioned by any other provision of law. The Secretary shall enter into agreements with the Commissioner for the purpose of sharing the costs of common use roads. (2) State duty.--Following the patent date, a State shall issue easements to the United States for reasonable access across acquired eligible portions of the National Forest System in the manner provided in paragraph (1). (e) Mining Claims.-- (1) In general.--Federal mining claims located pursuant to the General Mining Law of 1872 (30 U.S.C. 22 et seq.) on eligible portions of the National Forest System before the selection date shall remain subject to the laws, rules, regulations, and policies of the United States, but such laws, rules, regulations, and policies shall be administered by the State. The right and ability of a claimholder to patent such a mining claim and enjoy reasonable access to the claim shall not be infringed. An application to patent a Federal mining claim located on eligible portions of the National Forest System may be made by the claimholder with the State and shall constitute an election by the claim holder to be subject to Federal mining claim patent procedures administered by the State. (2) Escrow and subsequent transfer.--During the selection- transition period, the Federal Government shall escrow all fees and revenues, if any, due on Federal mining claims on eligible portions of the National Forest System and on the patent date transfer those receipts to the State on the patent date to the account established by the State for purposes of the law specified in section 3(b)(7). (3) State duty.--Any mining claims filed on eligible portions of the National Forest System in a State after the selection date shall be subject only to the laws of the State. (f) Transfer of Other Receipts.--Beginning with the fiscal year of a State after the patent date, escrowed fees and fees from all existing and future issued special use permits and all other land management receipts on eligible portions of the National Forest System conveyed to the State under this Act, net of reasonable cost of administration, shall be transferred to the State. (g) Existing Obligations After Patent Date.--On the patent date, a State shall assume all Federal obligations and duties and receive all rights of the Forest Service, except that the State shall assume no obligation for any claim for damages or specific performance relating to a contract or permit, if such claim arose before the patent date, unless the State receives the benefit from such an obligation. SEC. 6. MISCELLANEOUS DUTIES OF THE PARTIES AND OTHER PROVISIONS RELATING TO THE TRANSFER. (a) Hazardous Materials.--As promptly as practicable after the date of the enactment of this Act, the Secretary shall make available to a State for review and inspection, all pertinent records relating to hazardous materials, if any, on eligible portions of the National Forest System available for selection under this Act. The responsibility for costs of remedial action related to such materials shall be borne by those entities responsible under existing law. If no party responsible for the hazardous materials can be determined, remediation responsibility and all costs shall remain with the Secretary and remediation as agreed to by the Commissioner shall be initiated as soon as practical after the patent date. (b) Judicial Review.--Selection of land pursuant to this Act shall not be subject to judicial review in any court of the United States, except-- (1) to the extent a right of judicial review is conferred specifically by the United States Constitution; (2) otherwise conferred by this Act; or (3) when sought by the State on matters pertaining to rights conferred by this Act. (c) Rulemaking.--No formal rules under section 553 of title 5, United States Code, are required to implement this Act. (d) Survey.--The patent for and use of eligible portions of the National Forest System conveyed to a State pursuant to this Act shall not be subject to completion of a field survey and may be issued based on a protraction survey. However, the Secretary shall complete a field survey following patent. (e) Encumbrances.--For purposes of an orderly transfer of eligible portions of the National Forest System to State ownership and transition to State management, the Secretary shall provide a list of encumbrances and uses of record and otherwise known on the selected lands to the Commissioner during the selection-transition period. The lands selected under this Act shall be subject to all existing encumbrances.
State National Forest Management Act of 2015 This bill directs the Department of Agriculture, through the Forest Service, to convey to a state up to 2 million acres of eligible portions of the National Forest System (NFS) in it that it elects to acquire through enactment by the state legislature of a bill meeting certain criteria. Portions of the NFS conveyed to a state shall be administered and managed primarily for timber production.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Reducing Duplication Overseas Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act is to promote high-quality, cost-efficient, and effective administrative support services to agencies overseas. SEC. 3. DEFINITIONS. In this Act: (1) Agency.--The term ``agency'' means a department, agency, or independent establishment in the executive branch performing any foreign affairs functions. (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; (C) the Committee on Appropriations of the Senate; (D) the Committee on Foreign Affairs of the House of Representatives; (E) the Committee on Oversight and Government Reform of the House of Representatives; and (F) the Committee on Appropriations of the House of Representatives. (3) International cooperative administrative support services system.--The term ``International Cooperative Administrative Support Services system'' means the mechanism established pursuant to section 23 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2695) by which the United States Government manages and funds administrative support services at overseas posts. (4) International cooperative administrative support services customer agencies.--The term ``International Cooperative Administrative Support Services customer agencies'' means agencies participating in the International Cooperative Administrative Support Services system. (5) International cooperative administrative support services executive board.--The term ``International Cooperative Administrative Support Services Executive Board'' means the highest-level International Cooperative Administrative Support Services policy-making body comprised of senior representatives of agencies participating in the International Cooperative Administrative Support Services system. SEC. 4. PARTICIPATION IN INTERNATIONAL COOPERATIVE ADMINISTRATIVE SUPPORT SERVICES SYSTEM. (a) In General.--Not later than 2 years after the date of the enactment of this Act, each agency with operations overseas under the authority of the Chief of Mission pursuant to section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927) shall participate in the International Cooperative Administrative Support Services system for purposes of obtaining household furniture, furnishings, and appliance pools services, motor pool services, and management services unless-- (1) the agency provides a detailed explanation for evaluation and decision by the International Cooperative Administrative Support Services Executive Board that describes-- (A) how the agency will provide the service outside of the International Cooperative Administrative Support Services system; (B) the cost to the agency of the service; and (C) how providing the service outside the International Cooperative Administrative Support Services system will not increase overall costs to the United States Government; or (2) the agency submits a detailed explanation for evaluation and decision by the International Cooperative Administrative Support Services Executive Board certifying that the mission of the agency cannot be achieved by such participation in the International Cooperative Administrative Support Services system. (b) Rule of Construction.--The motor pool services requirement under subsection (a) applies to administrative services, and shall not be construed as superseding, removing, or limiting any statutory or programmatic requirements related to agency use or procurement of vehicles. SEC. 5. USE OF ALTERNATE SERVICE PROVIDERS. The International Cooperative Administrative Support Services Executive Board shall allow an agency to act as an alternate service provider for administrative services at an overseas post in place of the existing International Cooperative Administrative Support Services provider for purposes of reducing overall costs to the United States Government if the agency-- (1) demonstrates through a business case that it can provide the administrative service more efficiently; and (2) agrees to provide the administrative service to all other International Cooperative Administrative Support Services customer agencies at the overseas post. SEC. 6. REPORTING REQUIREMENTS. (a) Biennial Report.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Secretary of State, in consultation with the International Cooperative Administrative Support Services Executive Board, shall submit to the appropriate congressional committees a report on the International Cooperative Administrative Support Services system. (2) Content.--The report required under paragraph (1) shall-- (A) establish performance goals to define the level of performance to be achieved in providing efficient, effective, and equitable administrative services to International Cooperative Administrative Support Services customer agencies; (B) establish a balanced set of performance indicators to be used in measuring or assessing progress toward each performance goal; (C) describe how the International Cooperative Administrative Support Services system ensures the accuracy and reliability of the data used to measure progress; and (D) identify strategies and the resources required to achieve performance goals. (b) Comptroller General Review.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate congressional committees a review of the International Cooperative Administrative Support Services system. (2) Content.--The review required under paragraph (1) shall include-- (A) an evaluation of whether requiring agencies to participate in the International Cooperative Administrative Support Services system for household furniture, furnishings, and appliance pools services and motor pools services has increased cost-efficiency and reduced administrative redundancies; (B) recommendations, if warranted, for further consolidation of services in the International Cooperative Administrative Support Services system; (C) an evaluation of how implementation of this Act is affecting the performance of International Cooperative Administrative Support Services customer agencies; and (D) recommendations, if warranted, for improving the International Cooperative Administrative Support Services system and implementing this Act.
Reducing Duplication Overseas Act of 2012 - Requires a federal agency that performs any foreign affairs functions and operates overseas to participate in the International Cooperative Administrative Support Services system for purposes of obtaining household furniture, furnishings, and appliance pools services, motor pool services, and management services unless such agency provides a detailed explanation that describes: (1) how such agency will provide the service outside the system, (2) the cost of the service, and (3) how providing the service outside the system will not increase overall costs. Requires such an agency to provide a detailed explanation certifying that the mission of the agency cannot be achieved by participation in the system. Requires the International Cooperative Administrative Support Services Executive Board to allow an agency to act as an alternative provider for administrative services at an overseas post in place of the system if the agency: (1) demonstratives that it can provide the administrative service more efficiently, and (2) agrees to provide the administrative service to all other International Cooperative Administrative Support Services customer agencies at the overseas post. Requires the Comptroller General (GAO) to submit a review of the system to specified congressional committees
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Tax Relief Act of 1995''. SEC. 2. DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 220 as section 221 and by inserting after section 219 the following new section: ``SEC. 220. HIGHER EDUCATION TUITION AND FEES; INTEREST ON STUDENT LOANS. ``(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 higher 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 tuition and fees required for the enrollment or attendance of-- ``(i) the taxpayer, ``(ii) the taxpayer's spouse, or ``(iii) any dependent of the taxpayer with respect to whom the taxpayer is allowed a deduction under section 151, as an eligible student at an institution of higher education. ``(B) Exception for education involving sports, etc.--Such term does not include expenses with respect to any course or other education involving sports, games, or hobbies unless such expenses-- ``(i) are part of a degree program, or ``(ii) are deductible under this chapter without regard to this section. ``(C) Exception for nonacademic fees.--Such term does not include any student activity fees, athletic fees, insurance expenses, or other expenses unrelated to a student's academic course of instruction. ``(D) Eligible student.--For purposes of subparagraph (A), the term `eligible student' means a student who meets the requirements of section 484(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(a)(1)). ``(2) Dollar limitation.-- ``(A) In general.--The amount taken into account under paragraph (1) for any taxable year shall not exceed $10,000. ``(B) Phase-in.--In the case of taxable years beginning in 1996, 1997, 1998, and 1999, the following amounts shall be substituted for `$10,000' in subparagraph (A): ``For taxable years The substitute beginning in: amount is: 1996....................... $2,000 1997....................... 4,000 1998....................... 6,000 1999....................... 8,000. ``(3) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $70,000 ($100,000 in the case of a joint return), the amount which would (but for this paragraph) be taken into account under paragraph (1) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be taken into account as such excess bears to $20,000. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1996, the $70,000 and $100,000 amounts contained in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, except that section 1(f)(3)(B) shall be applied by substituting `1995' for `1992'. ``(C) Rounding.--If any amount as adjusted under subparagraph (B) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50). ``(D) Modified adjusted gross income.--The term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 219, and 469. ``(4) Institution of higher education.--The term `institution of higher education' means an institution which-- ``(A) is described in section 481 of the Higher Education Act of 1965 (20 U.S.C. 1088), and ``(B) is eligible to participate in programs under title IV of such Act. ``(c) Qualified Higher Education Loan.--For purposes of this section-- ``(1) In general.--The term `qualified higher education loan' means a loan to a student 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 (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))). ``(2) Limitation.-- ``(A) In general.--The amount of interest on a qualified higher education loan which is taken into account under subsection (a)(2) shall be reduced by the amount which bears the same ratio to such amount of interest as-- ``(i) the proceeds from such loan used for qualified higher education expenses, bears to ``(ii) the total proceeds from such loan. ``(B) Qualified higher education expenses.--For purposes of subparagraph (A), the term `qualified higher education expenses' has the meaning given such term by subsection (b), except that-- ``(i) such term shall include reasonable living expenses while away from home, and ``(ii) the limitations of paragraphs (2) and (3) of subsection (b) shall not apply. ``(d) Coordination With Other Provisions.-- ``(1) No double benefit.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for qualified higher education expenses or interest on qualified higher education loans with respect to which a deduction is allowed under any other provision of this chapter. ``(B) Savings bond exclusion.--A deduction shall be allowed under subsection (a)(1) for qualified higher education expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135 for the taxable year. ``(2) Qualified residence interest.--If a deduction is allowed under subsection (a)(2) for interest which is also qualified residence interest under section 163(h), such interest shall not be taken into account under section 163(h). ``(e) Special Rules.-- ``(1) Election.--If a deduction is allowable under more than one provision of this chapter with respect to qualified higher education expenses, the taxpayer may elect the provision under which the deduction is allowed. ``(2) Limitation on taxable year of deduction.-- ``(A) In general.--A deduction shall be allowed under subsection (a)(1) for any taxable year only to the extent the qualified higher education expenses are in connection with attendance 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 which are in connection with attendance at an institution of higher education which begins during the first 2 months of the following taxable year. ``(3) Adjustment for certain scholarships and veterans benefits.--The amount of qualified higher education expenses otherwise taken into account under subsection (a)(1) 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 attendance 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 his spouse file a joint return for the taxable year. ``(5) 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.--Section 62(a) of such Code is amended by inserting after paragraph (15) the following new paragraph: ``(16) Higher education tuition and fees.--The deduction allowed by section 219.'' (c) Conforming Amendment.--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 220 and inserting: ``Sec. 220. Higher education tuition and fees. ``Sec. 221. Cross reference.'' (d) Effective Dates.--The amendments made by this section shall apply to taxable years beginning after December 31, 1995.
Higher Education Tax Relief Act of 1995 - Amends the Internal Revenue Code to allow a tax deduction for the sum of qualified higher education expenses and interest on qualified higher education loans. Provides limitations on both amounts. Allows such deduction in computing adjusted gross income.
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SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Lake Champlain Zebra Mussel Control Act of 1995''. (b) References.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.). SEC. 2. PREVENTION AND CONTROL OF ZEBRA MUSSEL INFESTATION OF LAKE CHAMPLAIN. (a) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is amended-- (1) by striking paragraph (3) and inserting the following new paragraph: ``(3) the zebra mussel was unintentionally introduced into the Great Lakes and has infested waters east of the Great Lakes, into the Hudson River and Lake Champlain;'' (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(5) because the zebra mussel was discovered in Lake Champlain in 1993, the Congress should endeavor to act quickly to establish zebra mussel controls for Lake Champlain.''. (b) National Ballast Water Control Program.--Section 1102(a)(2) (16 U.S.C. 4712(a)(2)) is amended by inserting ``Lake Champlain and other'' after ``economic uses of''. (c) Ex Officio Members of Aquatic Nuisance Species Task Force.-- Section 1201(c) (16 U.S.C. 4721(c)) is amended by inserting ``, the Lake Champlain Basin Program,'' before ``and State agencies''. (d) Aquatic Nuisance Species Program.--Subsections (b)(6) and (i)(1) of section 1202 (16 U.S.C. 4722) are each amended by inserting ``, Lake Champlain,'' after ``Great Lakes'' each place it appears. SEC. 3. VOLUNTARY GUIDELINES. Section 1202(c) (16 U.S.C. 4722(c)) is amended by adding at the end the following new paragraph: ``(3) Voluntary guidelines.--Not later than 1 year after the date of enactment of this paragraph, the Task Force shall develop and submit to the Secretary for issuance by the Secretary, voluntary guidelines for controlling the spread of the zebra mussel through recreational activities, including boating and fishing. Not later than the date specified in the preceding sentence, the Secretary shall issue voluntary guidelines that incorporate the guidelines developed by the Task Force under this paragraph.''. SEC. 4. STATE AND WATERSHED AQUATIC NUISANCE SPECIES MANAGEMENT PLANS. Section 1204(a) (16 U.S.C. 4724(a)) is amended-- (1) by striking ``(a) State Plan.--'' and inserting the following: ``(a) State or Watershed Plan.--''; (2) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by inserting ``or the appropriate official of a watershed organization'' after ``the Governor of each State''; and (B) in subparagraphs (A) and (B), by inserting ``or the watershed'' after ``within the State'' each place it appears; (3) in paragraph (3)-- (A) in subparagraph (A), by inserting ``or watershed organization'' after ``the State''; and (B) in subparagraph (B), by inserting ``or the appropriate official of a watershed organization'' after ``a State''; (4) in paragraph (4), by inserting ``or the appropriate official of the watershed organization'' after ``the Governor''; and (5) by adding at the end the following new paragraph: ``(5) Watershed organization defined.--For purposes of this subsection, the term `watershed organization' means an entity with jurisdiction over the management of a watershed pursuant to applicable Federal and State law.''. SEC. 5. SEA GRANT COLLEGE DESIGNATION. Section 207 of the National Sea Grant College Program Act (33 U.S.C. 1126) is amended by adding at the end the following: ``(d) Designation of University of Vermont.--Notwithstanding any other provision of this Act-- ``(1) the University of Vermont in Burlington, Vermont, is deemed to meet the requirements for designation as a sea grant college under this section; and ``(2) not later than 30 days after the date of enactment of the Lake Champlain Zebra Mussel Control Act of 1995, the Secretary shall designate the University of Vermont as a sea grant college.''. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. Section 1301 (16 U.S.C. 4741) is amended-- (1) in subsection (a)(3), by striking ``1993, 1994, and 1995'' and inserting ``1996 through 2000''; (2) in subsection (b)-- (A) by striking ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1996 through 2000''; (B) in paragraph (3), by inserting ``, and the Lake Champlain Research Consortium,'' after ``Laboratory''; (C) in paragraph (4)(A)-- (i) by inserting after ``(33 U.S.C. 1121 et seq.)'' the following: ``and grants to colleges for the benefit of agriculture and the mechanic arts referred to in the first section of the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322)''; and (ii) by inserting ``and the Lake Champlain basin'' after ``Great Lakes region''; and (D) in paragraph (7), by striking ``$2,000,000'' and inserting ``$4,000,000''; and (3) in subsection (c), by striking ``1991, 1992, 1993, 1994, and 1995'' and inserting ``1996 through 2000''.
Lake Champlain Zebra Mussel Control Act of 1995 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) require the Aquatic Nuisance Species Task Force to study whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain; (2) require the designated chairpersons to invite representatives of the Lake Champlain Basin Program to participate as ex officio members of the Task Force; and (3) include Lake Champlain among the waters with respect to which the aquatic nuisance species and zebra mussel demonstration programs apply. Requires, within one year: (1) the Task Force to develop and submit to the Secretary of the department in which the Coast Guard is operating voluntary guidelines for controlling the spread of the zebra mussel through recreational activities, including boating and fishing; and (2) the Secretary to issue voluntary guidelines that incorporate the guidelines developed by the Task Force. Revises the Act to provide for the preparation and submission of a comprehensive management plan and a public facility management plan by the Governor of each State (as under current law) or the appropriate official of a watershed organization. Defines "watershed organization" to mean an entity with jurisdiction over the management of a watershed pursuant to applicable Federal and State law. Amends the National Sea Grant College Program Act to direct the Secretary to designate the University of Vermont in Burlington, Vermont, as a sea grant college under the Act. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) on January 22, 1948, the Minnesota Chippewa Tribe, representing all Chippewa bands in the State of Minnesota except the Red Lake Band, filed a claim before the Indian Claims Commission in Docket No. 19 for an accounting of all amounts received and expended pursuant to the Act of January 14, 1889 (25 Stat. 642, chapter 24) (referred to in this Act as the ``Nelson Act''); (2) on August 2, 1951, the Minnesota Chippewa Tribe, representing all Chippewa bands in the State of Minnesota except the Red Lake Band, filed a number of claims before the Indian Claims Commission in Docket No. 188 for an accounting of the obligation of the Federal Government to each member Band of the Minnesota Chippewa Tribe under various statutes and treaties not covered by the Nelson Act; (3) on May 17, 1999, a joint motion for findings in aid of settlement of the claims in Docket No. 19 and 188 was filed in the Court of Federal Claims; (4) the terms of the settlement were approved by the Court of Federal Claims and final judgment in the matter was entered on May 26, 1999; (5) on June 22, 1999, $20,000,000 was transferred to the Department of the Interior and deposited in a trust fund account established for the beneficiaries of the amounts awarded in Docket No. 19 and 188; (6) pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), Congress must act to authorize the use or distribution of the judgment funds; and (7) on October 1, 2009, the Minnesota Chippewa Tribal Executive Committee passed Resolution 146-09, approving a plan to distribute the judgment funds and requesting that Congress authorize the distribution of the judgment funds in the manner described by the plan. SEC. 3. DEFINITIONS. In this Act: (1) Bands.--The term ``Bands'' means-- (A) the Bois Forte Band; (B) the Fond du Lac Band; (C) the Grand Portage Band; (D) the Leech Lake Band; (E) the Mille Lacs Band; and (F) the White Earth Band. (2) Judgment funds.--The term ``judgment funds'' means the $20,000,000 awarded on May 26, 1999, to the Minnesota Chippewa Tribe by the Court of Federal Claims and transferred to the Secretary for deposit in a trust fund account established for the beneficiaries of Docket No. 19 and 188. (3) Minnesota chippewa tribe.--The term ``Minnesota Chippewa Tribe'' means the Minnesota Chippewa Tribe, composed solely of the Bands. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. LOAN REIMBURSEMENTS TO MINNESOTA CHIPPEWA TRIBE. (a) In General.--The Secretary may reimburse the Minnesota Chippewa Tribe the amount that the Minnesota Chippewa Tribe contributed for attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and 188 in the Court of Federal Claims and the distribution of judgment funds, plus any interest earned on that amount as of the date of payment under this section to the Minnesota Chippewa Tribe. (b) Procedure.-- (1) In general.--To receive a reimbursement payment under subsection (a), not later than 90 days after the date of enactment of this Act, the Minnesota Chippewa Tribe shall submit to the Secretary a written claim for the reimbursement amount described in that subsection, subject to the condition that the Minnesota Chippewa Tribe certify that the reimbursement expenses claimed have not been reimbursed to the Tribe by any other entity. (2) Payment.--If the Minnesota Chippewa Tribe submits a claim to the Secretary in accordance with paragraph (1), the Secretary shall, using the judgment funds, pay to the Minnesota Chippewa Tribe the full reimbursement amount claimed, plus interest on that amount, calculated at the rate of 6.0 percent per year, simple interest, beginning on the date on which the amounts were expended by the Tribe and ending on the date on which the amounts are reimbursed to the Tribe. SEC. 5. DISTRIBUTION OF JUDGMENT FUNDS. (a) Membership Rolls.--Not later than 90 days after the date of enactment of this Act, the Minnesota Chippewa Tribe shall submit to the Secretary an updated membership roll for each Band of the Tribe, each of which shall include the names of all enrolled members of that Band living on the date of enactment of this Act. (b) Disbursement of Available Funds.-- (1) Per capita account.--After the date on which any amounts under section 4 have been disbursed and the Secretary has received the updated membership rolls under subsection (a), the Secretary shall, from the remaining judgment funds, deposit in a per capita account established by the Secretary for each Band, an amount that is equal to $300 for each member of that Band listed on the updated membership roll. (2) Remaining amounts.--If, after the disbursement described in paragraph (1), any judgment funds remain undisbursed, the Secretary shall deposit in an account established by the Secretary for each Band, which shall be separate from the per capita account described in paragraph (1), all remaining amounts, divided equally among the Bands. (c) Use of Amounts.-- (1) Disbursement of per capita payments.--Any amounts deposited in the per capita account of a Band described in subsection (b)(1) shall be-- (A) made available to the Band for immediate withdrawal; and (B) used by the Band solely for the purpose of distributing 1 $300 payment to each individual member of the Band listed on the updated membership roll. (2) Treatment of dependents.--For each minor or dependent member of the Band listed on the updated roll, the Band may-- (A) distribute the $300 payment to a parent or legal guardian of that dependent Band member; or (B) deposit in a trust account the $300 payment of that dependent Band member for the benefit of that dependent Band member, to be distributed under the terms of the trust. (d) Unclaimed Payments.--If, on the date that is 1 year after the date on which the amounts described in subsection (b)(1) are made available to a Band, any amounts remain unclaimed, those amounts shall be returned to the Secretary, who shall deposit the remaining amounts in the accounts described in subsection (b)(2) in equal shares for each Band. (e) No Liability.--The Secretary shall not be liable for the expenditure or investment of any amounts disbursed to a Band from the accounts described in subsection (b) after those amounts are withdrawn by the Band. SEC. 6. ADMINISTRATION. Amounts disbursed under this Act-- (1) shall not be liable for the payment of previously contracted obligations of any recipient, as provided in section 2(a) of Public Law 98-64 (25 U.S.C. 117b(a)); and (2) shall be subject to section 7 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407).
Minnesota Chippewa Tribe Judgment Fund Distribution Act of 2011 - Authorizes the Secretary of the Interior to reimburse the Minnesota Chippewa Tribe for the amount, plus interest, that the Tribe contributed for the distribution of judgment funds and the payment of attorneys' fees and litigation expenses associated with the litigation of Docket No. 19 and Docket No. 188 before the U.S. Court of Federal Claims. Requires that the Tribe's claim for reimbursement of expended funds be certified by the Tribe as being unreimbursed to it from other funding sources. Requires the Tribe to provide the Secretary with updated membership rolls for the Boise Forte Band, Fond du Lac Band, Grand Portage Band, Leech Lake Band, Mille Lacs Band, and White Earth Band of the Tribe. Directs the Secretary to set aside a specified amount of the judgment funds for distribution to each member enrolled with each Band and then divide the remaining funds into equal shares for each Band.
{"src": "billsum_train", "title": "A bill to provide for the use and distribution of judgment funds awarded to the Minnesota Chippewa Tribe by the United States Court of Federal Claims in Docket Numbers 19 and 188, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``After School Education and Anti- Crime Act of 2001''. SEC. 2. PURPOSE. The purpose of this Act is to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours. SEC. 3. FINDINGS. Congress makes the following findings: (1) Today's youth face far greater social risks than did their parents and grandparents. (2) Students spend more of their waking hours alone, without supervision, companionship, or activity, than the students spend in school. (3) Law enforcement statistics show that youth who are ages 12 through 17 are most at risk of committing violent acts and being victims of violent acts between 3 p.m. and 6 p.m. (4) The consequences of academic failure are more dire in 2001 than ever before. (5) After school programs have been shown in many States to help address social problems facing our Nation's youth, such as drugs, alcohol, tobacco, and gang involvement. (6) Many of our Nation's governors endorse increasing the number of after school programs through a Federal/State partnership. (7) Over 450 of the Nation's leading police chiefs, sheriffs, and prosecutors, along with presidents of the Fraternal Order of Police and the International Union of Police Associations, which together represent 360,000 police officers, have called upon public officials to provide after school programs that offer recreation, academic support, and community service experience, for school-age children and teens in the United States. (8) One of the most important investments that we can make in our children is to ensure that they have safe and positive learning environments in the after school hours. SEC. 4. GOALS. The goals of this Act are as follows: (1) To increase the academic success of students. (2) To promote safe and productive environments for students in the after school hours. (3) To provide alternatives to drug, alcohol, tobacco, and gang activity. (4) To reduce juvenile crime and the risk that youth will become victims of crime during after school hours. SEC. 5. PROGRAM AUTHORIZATION. Section 10903 of the 21st Century Community Learning Centers Act (20 U.S.C. 8243) is amended-- (1) in subsection (c), by striking ``3'' and inserting ``5''. SEC. 6. APPLICATIONS. Section 10904 of the Century Community Learning Centers Act (20 U.S.C. 8244) is amended-- (1) in subparagraph (a)(3)(C), by inserting ``students, parents, teachers, school administrators, local government, including law enforcement organizations such as Police Athletic and Activity Leagues,'' after ``agencies,''; (2) by adding at the end of subsection (a)(3)(E) the following: ``(4) information demonstrating that the recipient will-- ``(A) provide not less than 35 percent of the annual cost of the activities assisted under the project from sources other than funds provided under this part, which contribution may be provided in cash or in kind, fairly evaluated; and ``(B) provide not more than 25 percent of the annual cost of the activities assisted under the project from funds provided by the Secretary under other Federal programs that permit the use of those other funds for activities assisted under the project; and ``(5) an assurance that the recipient, in each year of the project, will maintain the recipient's fiscal effort, from non- Federal sources, from the preceding fiscal year for the activities the recipient provides with funds provided under this part.''. SEC. 7. USES OF FUNDS. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended-- (1) by striking the matter preceding paragraph (1) and inserting: ``(a) In General.--Grants awarded under this part may be used to establish or expand community learning centers. The centers may provide 1 or more of the following activities:''; (2) in subsection (a)(11) (as redesignated by paragraph (1)), by inserting ``, and job skills preparation'' after ``placement''; and (3) by adding at the end the following: ``(14) After school programs, that-- ``(A) shall include at least 2 of the following-- ``(i) mentoring programs; ``(ii) academic assistance; ``(iii) recreational activities; or ``(iv) technology training; and ``(B) may include-- ``(i) drug, alcohol, and gang prevention activities; ``(ii) health and nutrition counseling; and ``(iii) job skills preparation activities. ``(b) Limitation.--Not less than \2/3\ of the amount appropriated under section 10907 for each fiscal year shall be used for after school programs, as described in paragraph (14). Such programs may also include activities described in paragraphs (1) through (13) that offer expanded opportunities for children or youth.''. SEC. 8. ADMINISTRATION. Section 10905 of the 21st Century Community Learning Centers Act (20 U.S.C. 8245) is amended by adding at the end the following: ``(c) Administration.--In carrying out the activities described in subsection (a), a local educational agency, school or consortium shall, to the greatest extent practicable-- ``(1) request volunteers from business and academic communities, and law enforcement organizations, such as Police Athletic and Activity Leagues, to serve as mentors or to assist in other ways; ``(2) ensure that youth in the local community participate in designing the after school activities; ``(3) develop creative methods of conducting outreach to youth in the community; ``(4) request donations of computer equipment and other materials and equipment; and ``(5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to the date of enactment of this subsection are not duplicated by activities assisted under this part.''. SEC. 9. COMMUNITY LEARNING CENTER DEFINED. Section 10906 of the 21st Century Community Learning Centers Act (20 U.S.C. 8246) is amended in paragraph (2) by inserting ``, including law enforcement organizations such as the Police Athletic and Activity League'' after ``governmental agencies''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 10907 of the 21st Century Community Learning Centers Act (20 U.S.C. 8247) is amended by striking ``$20,000,000 for fiscal year 1995'' and all that follows and inserting ``$1,000,000,000 for fiscal year 2002, $1,200,000,000 for fiscal year 2003, $1,300,000,000 for fiscal year 2004, $1,400,000,000 for fiscal year 2005, and $1,500,000,000 for fiscal year 2006, to carry out this part.''. SEC. 11. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on October 1, 2001.
After School Education and Anti-Crime Act of 2001 - Amends the 21st Century Community Learning Centers Act to extend the maximum grant duration to five years.Revises grant application provisions to require: (1) information demonstrating that the grant recipient will provide a certain minimum portion of annual cost of assisted activities from sources other than such grants, with a certain maximum portion of such costs allowed to be from funds provided by the Secretary of Education under other Federal programs; and (2) assurance of maintenance of the recipient's fiscal effort from non-Federal sources.Allows the use of grant funds to establish or expand community learning centers. Allows such centers to provide one or more of specified listed activities, including after-school programs that include at least two of the following: mentoring programs, academic assistance, recreational activities, or technology training. Authorizes centers to include drug, alcohol, and gang prevention activities, health and nutrition counseling, and job skills preparation activities. Requires at least two-thirds of appropriated funds under such Act to be used for after-school programs.Directs local educational agencies (LEAs), schools, or consortia, in carrying out center activities, to: (1) request volunteers from business and academic communities, and law enforcement organizations, to serve as mentors or to assist in other ways; (2) ensure that youth in the local community participate in designing the after-school activities; (3) develop creative methods of conducting outreach to youth in the community; (4) request donations of computer equipment and other materials and equipment; and (5) work with State and local park and recreation agencies so that activities carried out by the agencies prior to this Act's enactment are not duplicated.Includes in the meaning of community learning center LEA operation of such a center in a school in conjunction with law enforcement organizations such as the Police Athletic and Activity League.
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<greek-th> x <greek-th> x <greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Terrorism Insurance Backstop Extension Act of 2004''.<greek-th> x SEC. 2. EXTENSION OF TERRORISM INSURANCE PROGRAM.<greek-th> x (a) Program Years 4 and 5.--Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs:<greek-th> x ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006.<greek-th> x ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007.''.<greek-th> x (b) Insurer Deductible.--Paragraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by redesignating subparagraph (E) as subparagraph (G);<greek-th> x (2) in subparagraph (D), by striking ``and'' at the end;<greek-th> x (3) by inserting after subparagraph (D) the following new subparagraphs:<greek-th> x ``(E) for Program Year 4, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent;<greek-th> x ``(F) for Program Year 5, the value of an insurer's direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and''; and<greek-th> x (4) in subparagraph (G) (as so redesignated by paragraph (1) of this subsection)--<greek-th> x (A) by striking ``(D)'' and inserting ``(F)''; and<greek-th> x (B) by striking ``or Program Year 3'' and inserting ``Program Year 3, Program Year 4, or Program Year 5''.<greek-th> x (c) Mandatory Availability.--Subsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (1) by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following:<greek-th> x ``(c) Mandatory Availability.--During the Program, each entity that meets the definition of an insurer under section 102--'';<greek-th> x (2) by striking paragraph (2); and<greek-th> x (3) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin.<greek-th> x (d) Insured Loss Shared Compensation.--Subsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended--<greek-th> x (1) in paragraph (2)(A), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (2) in paragraph (3), by striking ``or Program Year 3'' and inserting ``, Program Year 3, Program Year 4, or Program Year 5'';<greek-th> x (3) in paragraph (6)--<greek-th> x (A) in subparagraph (B), by striking ``and'' at the end;<greek-th> x (B) in subparagraph (C) by striking the period at the end and inserting a semicolon; and<greek-th> x (C) by adding at the end the following new subparagraphs:<greek-th> x ``(D) for Program Year 4, the lesser of-- <greek-th> x ``(i) $17,500,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year;<greek-th> x ``(E) for Program Year 5, the lesser of-- <greek-th> x ``(i) $20,000,000,000; and<greek-th> x ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and''; and<greek-th> x (4) in paragraph (7)--<greek-th> x (A) in subparagraph (A), by striking ``and (C)'' and inserting ``(C), (D), and (E)''; and<greek-th> x (B) in subparagraphs (B) and (C), by striking ``or (C)'' each place such term appears and inserting ``(C), (D), or (E)''.<greek-th> x (e) Coverage of Group Life Insurance.--<greek-th> x (1) In general.--Paragraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting ``or group life'' after ``property and casualty''.<greek-th> x (2) Technical and conforming amendments.--The Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended-- <greek-th> x (A) in section 102--<greek-th> x (i) in paragraph (1)--<greek-th> x (I) in subparagraph (B)(i), by inserting ``or group life insurance'' after ``workers' compensation''; and<greek-th> x (II) in subparagraph (B)(ii), by inserting ``and group life insurance'' after ``property and casualty insurance'';<greek-th> x (ii) in paragraph (4)--<greek-th> x (I) by inserting ``or for group life insurance'' after ``property and casualty insurance''; and<greek-th> x (II) by striking ``paragraph (5)'' and inserting ``paragraph (6)''; <greek-th> x (iii) in paragraph (5), by inserting ``and group life insurance'' after ``workers' compensation''; and<greek-th> x (iv) in paragraph (6)--<greek-th> x (I) in subparagraph (A)(i), by inserting ``property and casualty or group life'' after ``excess'';<greek-th> x (II) in subparagraph (B), by inserting ``or group life insurance coverage'' after ``property and casualty insurance coverage'';<greek-th> x (v) by redesignating paragraphs (5) through (16) as paragraphs (6) through (17), respectively; and<greek-th> x (vi) by inserting after paragraph (4), the following new paragraph:<greek-th> x ``(5) Group life insurance.--The term `group life insurance' means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.'';<greek-th> x (B) in section 103--<greek-th> x (i) in subsection (b)(1), by inserting ``(including a named beneficiary in the case of a group life insurance policy)'' before the second comma;<greek-th> x (ii) in subsection (c)--<greek-th> x (I) in paragraph (1) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (II) in paragraph (2) (as so redesignated by subsection (c)(3) of this section), by inserting ``and group life'' after ``property and casualty'';<greek-th> x (iii) in subsection (e)--<greek-th> x (I) in paragraph (6), by striking ``For'' and inserting ``Except as provided in subparagraph (F) of this paragraph, for'';<greek-th> x (II) in paragraph (6), by inserting after subparagraph (E) (as added by subsection (d)(3)(C) of this section) the following new subparagraph:<greek-th> x ``(F) for each of the periods referred to in subparagraphs (A) through (E), the amounts provided under such subparagraphs, as such amounts shall be increased by the Secretary before the expiration of the 90-day period beginning on the date of the enactment of the Terrorism Insurance Backstop Extension Act of 2004, based on the increase in the size of the Program caused by the inclusion of group life insurance pursuant to such Act, in proportion to the increased premiums involved.'';<greek-th> x (III) in paragraph (7)(C), by inserting ``or group life insurance'' after ``workers compensation'';<greek-th> x (IV) in paragraph (8)(A)(i), by inserting ``and group life'' after ``property and casualty''; and<greek-th> x (V) in paragraph (8), by inserting ``or group life'' after ``property and casualty'' each place such term appears in subparagraphs (A)(iii) and (C); and<greek-th> x (iv) by striking subsection (h);<greek-th> x (C) in section 105(c), by inserting ``or group life'' after ``property and casualty''; and<greek-th> x (D) in section 108(d)(1), by inserting ``and the group life insurance industry'' after ``property and casualty insurance industry''.<greek-th> x (3) Required rulemaking.--Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to carry out this subsection.<greek-th> x (f) Study on Long-Term Solutions.--Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection:<greek-th> x ``(h) Study on Long-Term Solutions.--By June 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop.''.<greek-th> x (g) Termination of Program.--<greek-th> x (1) Termination.--Subsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking ``December 31, 2005'' and inserting ``December 31, 2007''.<greek-th> x (2) Final gao study and report.--Subsection (d) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph:<greek-th> x ``(3) Final gao study and report.--The Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study.''.<greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x
Terrorism Insurance Backstop Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 to define: (1) the term "Program Year 4" as the period from January 1, 2006, through December 31, 2006; and (2) the term "Program Year 5" as the period from January 1, 2007, through December 31, 2007 (thereby extending the terrorism risk insurance program from 2005 through 2007). Sets a deadline for the Secretary of the Treasury to make a final determination regarding: (1) the availability of group life insurance to both insurers and consumers; and (2) whether certain provisions of the Act shall be applied to providers of group life insurance. Sunsets the Terrorism Risk Insurance Program after December 31, 2007.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``American Shipping Reinvestment Act of 2009''. SEC. 2. REPEAL OF QUALIFIED SHIPPING INVESTMENT WITHDRAWAL RULES. (a) In General.--Section 955 of the Internal Revenue Code of 1986 (relating to withdrawal of previously excluded subpart F income from qualified investment) is hereby repealed. (b) Conforming Amendments.-- (1) Section 951(a)(1)(A) of the Internal Revenue Code of 1986 is amended by adding ``and'' at the end of clause (i) and by striking clause (iii). (2) Section 951(a)(1)(A)(ii) is amended by striking ``, and'' at the end and inserting ``, except that in applying this clause amounts invested in less developed country corporations described in section 955(c)(2) (as so in effect) shall not be treated as investments in less developed countries.''. (3) Section 951(a)(3) of such Code (relating to the limitation on pro rata share of previously excluded subpart F income withdrawn from investment) is hereby repealed. (4) Section 964(b) of such Code is amended by striking ``, 955,''. (5) The table of sections for subpart F of part III of subchapter N of chapter 1 of such Code is amended by striking the item relating to section 955. (c) Effective Date.--The amendments made by this section shall apply to taxable years of controlled foreign corporations ending on or after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end. SEC. 3. ONE-TIME TEMPORARY DIVIDENDS RECEIVED DEDUCTION FOR PREVIOUSLY UNTAXED FOREIGN BASE COMPANY SHIPPING INCOME. (a) In General.--In the case of a corporation which is a United States shareholder and for which an election under this section is made for the taxable year, for purposes of the Internal Revenue Code of 1986, there shall be allowed as a deduction in computing taxable income under section 63 of such Code an amount equal to 85 percent of the cash distributions which are received during such taxable year by such shareholder from controlled foreign corporations to the extent that the distributions are attributable to income-- (1) which was derived by the controlled foreign corporation in taxable years beginning before January 1, 2005, and (2) which would, without regard to the year earned, be described in section 954(f) (as in effect before the enactment of the American Jobs Creation Act of 2004). (b) Indirect Dividends.--A rule similar to the rule of section 965(a)(2) of the Internal Revenue Code of 1986 shall apply, determined by treating cash distributions which are so attributable as cash dividends. (c) Limitation.--The amount of dividends taken into account under this section shall not exceed the amount permitted to be taken into account under paragraphs (1), (3) (determined by substituting ``December 31, 2008'' for ``October 3, 2004''), and (4) of section 965(b) of the Internal Revenue Code of 1986, determined as if such paragraphs applied to this section. (d) Taxpayer Election and Designation.--For purposes of subsection (a), a taxpayer may, on its return for the taxable year to which this section applies-- (1) elect to apply paragraph (3) of section 959(c) of the Internal Revenue Code of 1986 before paragraphs (1) and (2) thereof, and (2) designate the extent, if any, to which a cash distribution reduces a controlled foreign corporation's earnings and profits attributable to-- (A) foreign base company shipping income (determined under section 954(f) of the Internal Revenue Code of 1986 as in effect before the enactment of the American Jobs Creation Act of 2004), or (B) other earnings and profits. (e) Election.-- (1) In general.--The taxpayer may elect to apply this section to-- (A) the taxpayer's last taxable year which begins before the date of the enactment of this Act, or (B) the taxpayer's first taxable year which begins during the 1-year period beginning on such date. (2) Timing of election and one-time election.--Such election may be made for a taxable year-- (A) only if made on or before the due date (including extensions) for filing the return of tax for such taxable year, and (B) only if no election has been made under this section or section 965 of the Internal Revenue Code of 1986 with respect to the same distribution for any other taxable year of the taxpayer. (f) Reduction in Benefits for Failure To Maintain Employment Levels.-- (1) In general.--If, during the period consisting of the calendar month in which the taxpayer first receives a distribution described in subsection (a) and the succeeding 23 calendar months, the taxpayer does not maintain an average employment level at least equal to the taxpayer's prior average employment, an additional amount equal to $25,000 multiplied by the number of employees by which the taxpayer's average employment level during such period falls below the prior average employment (but not exceeding the aggregate amount allowed as a deduction pursuant to subsection (a)) shall be taken into account as income by the taxpayer during the taxable year that includes the final day of such period. (2) Prior average employment.--For purposes of this paragraph, the taxpayer's ``prior average employment'' shall be the average number of full time equivalent employees of the taxpayer during the period consisting of the 24 calendar months immediately preceding the calendar month in which the taxpayer first receives a distribution described in subsection (a). (3) Aggregation rules.--In determining the taxpayer's average employment level and prior average employment, all domestic members of a controlled group (as defined in section 264(e)(5)(B) of the Internal Revenue Code of 1986) shall be treated as a single taxpayer. (g) Special Rules.--Rules similar to the rules of subsections (d) and (e) and paragraphs (3), (4), and (5) of subsection (c) of section 965 of the Internal Revenue Code of 1986 shall apply for purposes of this section. (h) Effective Date.--This section shall apply to taxable years ending on or after the date of the enactment of this Act.
American Shipping Reinvestment Act of 2009 - Amends the Internal Revenue Code to: (1) repeal shipping investment withdrawal tax rules; and (2) allow U.S. corporate shareholders an election to deduct dividends attributable to foreign base company shipping income received from a controlled foreign corporation.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Pension Liability Funding Reform Act of 1996''. TITLE I--FEDERAL CONTRIBUTION TO DISTRICT OF COLUMBIA PENSION FUNDS SEC. 101. INCREASE IN AND EXTENSION OF FEDERAL CONTRIBUTION. (a) In General.--Section 144(a) of the District of Columbia Retirement Reform Act (sec. 1-724(a), D.C. Code) is amended-- (1) in the matter preceding paragraph (1), by striking ``2004--'' and inserting ``2036 the following amounts:''; (2) in paragraph (1)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1996, the sum of $34,170,000, reduced by the amount of any reduction required under section 145(c); and ``(B) for fiscal year 1997 and each subsequent fiscal year, the sum of $193,579,000, reduced by the amount of any such reduction.''; (3) in paragraph (2)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1996, the sum of $17,680,000; and ``(B) for fiscal year 1997 and each subsequent fiscal year, the sum of $100,152,500.''; and (4) in paragraph (3)-- (A) by striking ``as'' and inserting ``As'', and (B) by striking ``Fund, the sum'' and all that follows and inserting the following: ``Fund-- ``(A) for each fiscal year through fiscal year 1996, the sum of $220,000; and ``(B) for fiscal year 1997 and each subsequent fiscal year, the sum of $1,268,500.''. (b) Conforming Amendments.--The District of Columbia Retirement Reform Act is amended-- (1) in section 142(b)(1) (sec. 1-722(b)(1), D.C. Code), by striking ``2004'' each place it appears in subparagraphs (A) and (D) and inserting ``2036''; (2) in section 142(b)(2) (sec. 1-722(b)(2), D.C. Code), by striking ``2005'' and inserting ``2037''; (3) in section 142(c)(1)(A) (sec. 1-722(c)(1)(A), D.C. Code), by striking ``2003'' and inserting ``2035''; (4) in section 144(e) (sec.1-724, D.C. Code)-- (A) by striking ``2004'' in paragraph (1) and inserting ``2036'', and (B) by striking paragraph (2); (5) in section 145 (sec. 1-725, D.C. Code), by striking ``2004'' each place it appears in subsections (a)(1) and (c)(1) and inserting ``2036''; and (6) in section 162(d) (sec. 1-732(d)(1), D.C. Code), by striking paragraph (5). TITLE II--CHANGES IN RETIREMENT BENEFITS Subtitle A--Police Officers' and Fire Fighters' Contribution SEC. 201. INCREASE IN CONTRIBUTION. The first sentence of subsection (d)(1) of the Policemen and Firemen's Retirement and Disability Act (sec. 4-612(a), D.C. Code) is amended by inserting after ``per centum'' the following: ``(or, with respect to a member who is an officer or member of the Metropolitan Police force or the Fire Department of the District of Columbia, 8 per centum for each pay period which begins on or after October 1, 1996)''. SEC. 202. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT. Subsection (m) of the Policemen and Firemen's Retirement and Disability Act (sec. 4-624, D.C. Code) is amended-- (1) in paragraph (2), by striking ``the Mayor shall'' and all that follows and inserting the following: ``on January 1 of each year (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index for the preceding year by determining the difference between the index published for December of the preceding year and the index published for December of the second preceding year.''; and (2) by amending paragraph (3) to read as follows: ``(3) If (in accordance with paragraph (2)) the Mayor determines in a year (beginning with 1997) that the per centum change in the price index for the preceding year indicates a rise in the price index, each annuity having a commencing date on or before September 1 of the year shall, effective September 1 of the year, be increased by an amount equal to-- ``(A) in the case of an annuity having a commencing date on or before September 1 of such preceding year, the per centum change computed under paragraph (2), adjusted to the nearest \1/10\ of 1 per centum; or ``(B) in the case of an annuity having a commencing date after September 1 of such preceding year, a pro rata increase equal to the product of-- ``(i) \1/12\ of the per centum change computed under paragraph (2), multiplied by ``(ii) the number of months (not to exceed 12 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum.''. SEC. 203. EQUALIZATION OF CONTRIBUTION RULES FOR FORMER RETIREES. (a) In General.--Section 209(a)(2)(B) of the District of Columbia Retirement Reform Act (sec. 4-625(2), D.C. Code) is amended by striking ``having a commencing date after the effective date of such amendment.''. (b) Repeal of Relief Allowance or Compensation Increase.--Section 301 of the District of Columbia Police and Firemen's Salary Act of 1953 (sec. 4-605, D.C. Code) is repealed. Subtitle B--Teachers' Contribution SEC. 211. INCREASE IN CONTRIBUTION. The first sentence of section 1 of the Act entitled ``An Act for the retirement of public-school teachers in the District of Columbia'', approved August 7, 1946 (sec. 31-1221(a), D.C. Code), is amended by inserting after ``per centum'' the following: ``(or, with respect to each pay period which begins on or after October 1, 1996, 8 per centum)''. SEC. 212. ESTABLISHMENT OF SINGLE ANNUAL COST-OF-LIVING ADJUSTMENT. Section 21(b) of the Act entitled ``An Act for the retirement of public-school teachers in the District of Columbia'', approved August 7, 1946 (sec. 31-1241(b), D.C. Code) is amended-- (1) in paragraph (1), by striking ``The Mayor shall--'' and all that follows and inserting the following: ``On January 1 of each year (or within a reasonable time thereafter), the Mayor shall determine the per centum change in the price index for the preceding year by determining the difference between the index published for December of the preceding year and the index published for December of the second preceding year.''; and (2) by amending paragraph (2) to read as follows: ``(2) If (in accordance with paragraph (1)) the Mayor determines in a year (beginning with 1997) that the per centum change in the price index for the preceding year indicates a rise in the price index, each annuity having a commencing date on or before September 1 of the year shall, effective September 1 of the year, be increased by an amount equal to-- ``(A) in the case of an annuity having a commencing date on or before September 1 of such preceding year, the per centum change computed under paragraph (1), adjusted to the nearest \1/10\ of 1 per centum; or ``(B) in the case of an annuity having a commencing date after September 1 of such preceding year, a pro rata increase equal to the product of-- ``(i) \1/12\ of the per centum change computed under paragraph (1), multiplied by ``(ii) the number of months (not to exceed 12 months, counting any portion of a month as an entire month) for which the annuity was payable before the effective date of the increase, adjusted to the nearest \1/10\ of 1 per centum.''. Subtitle C--Judges' Contribution SEC. 221. INCREASE IN CONTRIBUTION. (a) Amount of Withholding.--The first sentence of section 11- 1563(a), D.C. Code, is amended by inserting after ``per centum'' the following: ``(or, with respect to each pay period which begins on or after October 1, 1996, 4\1/2\ per centum)''. (b) Computation of Retirement Salary.--Section 11-1564(d)(1), D.C. Code, is amended by inserting after ``United States Code,'' the following: ``with respect to services performed before October 1, 1996, and equal to 4\1/2\ per centum of such salary, pay, or compensation with respect to services performed on or after October 1, 1996,''. TITLE III--EFFECTIVE DATE SEC. 301. EFFECTIVE DATE. The amendments made by this Act shall take effect October 1, 1996.
TABLE OF CONTENTS: Title I: Federal Contribution to District of Columbia Pension Funds Title II: Changes in Retirement Benefits Subtitle A: Police Officers' and Fire Fighters' Contribution Title III: Effective Date Subtitle B: Teachers' Contribution Subtitle C: Judges' Contribution District of Columbia Pension Liability Funding Reform Act of1996 - Title I: Federal Contribution to District of Columbia Pension Funds - Amends the District of Columbia Retirement Reform Act to increase and extend through FY 2036 the Federal contributions to the District of Columbia Police Officers and Fire Fighters', Teachers', and Judges' Retirement Funds. Title II: Changes in Retirement Benefits - Subtitle A: Police Officers' and Fire Fighters' Contribution - Amends the Policemen and Firemen's Retirement and Disability Act to increase retirement contributions withheld from the basic salary of members or officers of the Metropolitan Police force or the Fire Department of the District of Columbia. Provides for annual (currently, biannual) cost-of-living adjustments of retirement annuities for such individuals. Repeals provisions of the District of Columbia Police and Firemen's Salary Act of 1953 regarding pension relief allowances or retirement compensation increases for certain individuals. Subtitle B: Teachers' Contribution - Increases retirement contributions withheld from the basic salary of District of Columbia public school teachers. Provides for annual (currently, biannual) cost-of-living adjustments for such individuals. Subtitle C: Judges' Contribution - Increases retirement contributions withheld from the basic salary of District of Columbia judges. Title III: Effective Date - Makes this Act effective on October 1, 1996.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Adams National Historical Park Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Adams National Historical Park. Sec. 5. Administration. Sec. 6. Authorization of appropriations. SEC. 2. FINDINGS. Congress finds the following: (1) In 1946, the Secretary of the Interior, by means of the authority provided to the Secretary under section 2 of the Act of August 21, 1935 (16 U.S.C. 462; commonly known as the Historic Sites, Buildings, and Antiquities Act), established the Adams Mansion National Historic Site in Quincy, Massachusetts. (2) In 1952, again using the authority provided under the Act of August 21, 1935, the Secretary enlarged the historic site and renamed it the Adams National Historic Site. (3) In 1972, title III of Public Law 92-272 (86 Stat. 121) authorized the Secretary to expand the boundaries of the Adams National Historic Site to include an additional 3.68 acres and to acquire lands and interests in lands within the expanded boundaries. (4) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95-625; 92 Stat. 3479) authorized the Secretary to accept the conveyance of the birthplaces in Quincy, Massachusetts, of John Adams, second President of the United States, and John Quincy Adams, sixth President of the United States, and to administer the birthplaces as part of the Adams National Historic Site. (5) In 1980, Public Law 96-435 (94 Stat. 1861) authorized the Secretary to accept the conveyance of the United First Parish Church in Quincy, Massachusetts, the burial site of John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, and to administer the burial site as part of the Adams National Historic Site. (6) The actions described in the preceding paragraphs to preserve for the benefit, education, and inspiration of present and future generations of Americans the home, property, birthplaces, and burial site of John Adams, Abigail Adams, John Quincy Adams, and Louisa Adams, have resulted in a multi-site unit of the National Park System with no overarching enabling or authorizing legislation. (7) The sites and resources associated with John Adams and his wife, Abigail Adams, and John Quincy Adams and his wife, Louisa Adams, deserve recognition as a national historical park in the National Park System. SEC. 3. DEFINITIONS. As used in this Act: (1) Historical park.--The term ``historical park'' means the Adams National Historical Park established in section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. ADAMS NATIONAL HISTORICAL PARK. (a) Establishment.--In order to preserve for the benefit, education, and inspiration of the people of the United States certain properties in Quincy, Massachusetts, associated with John Adams, second President of the United States, his wife, Abigail Adams, John Quincy Adams, sixth President of the United States, and his wife, Louisa Adams, there is established the Adams National Historical Park as a unit of the National Park System. (b) Boundaries.--The historical park shall be comprised of-- (1) all property owned by the National Park Service in the Adams National Historic Site as of the date of the enactment of this Act, as well as all property previously authorized to be acquired by the Secretary for inclusion in the Adams National Historic Site, as generally depicted on the map entitled ``Adams National Historical Park'', numbered NARO 386/92001, and dated July 22, 1992; and (2) all property authorized to be acquired for inclusion in the historical park by this Act or other law enacted after the date of the enactment of this Act. (c) Visitor and Administrative Sites.--To preserve the historical character and landscape of the main features of the historical park, the Secretary may acquire up to 10 acres for the development of visitor, administrative, museum, curatorial, and maintenance facilities adjacent to or in the general proximity of the property depicted on the map identified in subsection (b)(1). (d) Map.--The map of the historical park shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The park shall be administered by the Secretary in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.-- (1) Agreements authorized.--The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the historical park. (2) Condition.--Any payments made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to the condition that conversion, use, or disposal of the project for which the payments are made for purposes contrary to the purposes for which the historical park is established, as determined by the Secretary, will result in a right of the United States to reimbursement in an amount equal to the greater of-- (A) all payments made by the Secretary in connection with the project; or (B) the proportion of the increased value of the project attributable to the payments, as determined at the time of such conversion, use, or disposal. (c) Acquisition of Real Property.--To advance the purposes for which the historical park is established, the Secretary may acquire real property within the boundaries of the historical park by any of the following methods: (1) Purchase using funds appropriated or donated to the Secretary. (2) Acceptance of a donation of the real property. (3) Use of a land exchange. (d) Repeal of Superseded Administrative Authorities.--(1) Section 312 of the National Parks and Recreation Act of 1978 (Public Law 95- 625; 92 Stat. 3479) is amended-- (A) by striking ``(a)'' after ``Sec. 312.''; and (B) by striking subsection (b). (2) The first section of Public Law 96-435 (94 Stat. 1861) is amended-- (A) by striking ``(a)'' after ``That''; and (B) by striking subsection (b). (e) References to Historic Site.--Any reference in any law (other than this Act), regulation, document, record, map, or other paper of the United States to the Adams National Historic Site shall be considered to be a reference to the historical park. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the purposes for which the historical park is established, for annual operations and maintenance of the historical park, and for acquisition of property and development of facilities necessary to operate and maintain the historical park, as may be outlined in an approved general management plan for the historical park.
Adams National Historical Park Act of 1998 - Establishes as a unit of the National Park System the Adams National Historical Park in Quincy, Massachusetts, to preserve certain properties associated with John and John Quincy Adams, the second and sixth Presidents of the United States, and their wives. Requires the Park to be administered by the Secretary of the Interior. Authorizes the Secretary to enter into cooperative agreements for the Park's preservation, development, interpretation, and use. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``First State National Historical Park Act''. SEC. 2. DEFINITIONS. In this Act: (1) Historical park.--The term ``historical park'' means the First State National Historical Park established by section 3(a)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Delaware. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (3), there is established in the State the First State National Historical Park, to be administered as a unit of the National Park System. (2) Purposes.--The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware; and (B) the role of Delaware as the first State to ratify the Constitution. (3) Determination by secretary.-- (A) In general.--The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) Notice.--Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) Availability of map.--The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites.--The Secretary may include the following sites in the State within the boundary of the historical park: (1) The Old Sherriff's House in New Castle County, Delaware. (2) Fort Christina National Historic Landmark in New Castle County, Delaware. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware. (4) Old New Castle Courthouse in New Castle, Delaware. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware. (6) Dover Green in Kent County, Delaware. (7) Ryves Holt House in Sussex County, Delaware. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition.-- (1) In general.--The Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (2) Boundary adjustment.--On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours.--The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements.-- (1) In general.--The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) Cost-sharing requirement.-- (A) Federal share.--The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) Form of non-federal share.--The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan.-- (1) In general.--Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) Applicable law.--The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General.--Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements.--The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
First State National Historical Park Act - Establishes the First State National Historical Park in Delaware, to be administered as a unit of the National Park System. Specifies that the purpose of the Park is the preservation, protection, and interpretation of the nationally significant cultural and historic resources associated with early Dutch, Swedish, and English settlement of the colony of Delaware and Delaware's role as the first state to ratify the Constitution. Bars the establishment of the Park until it is determined that sufficient land or interests have been acquired from among specified historic sites within the boundary of the Park to constitute a manageable park unit. Instructs the Secretary to publish a notice in the Federal Register of the Park's establishment, including an official boundary map. Allows the the Secretary to acquire, by purchase from a willing seller, donation, or exchange, all or a part of any of such sites, including easements or other interests. Adjusts the boundary of the Park to reflect the acquisition of lands or interests in such sites. Authorizes the Secretary to: (1) provide interpretive tours to sites and resources in Delaware located outside the Park's boundary and associated with the purposes for which the Park is established under this Act; and (2) enter into cooperative agreements with Delaware and other specified entities to mark, interpret, and restore nationally significant historic or cultural resources within the Park, if those agreements provide for reasonable public access to such resources. Limits the federal share of the total cost of any activity carried out under such an agreement to 50% of that cost. Permits the non-federal share to be in the form of in-kind contributions or goods or services fairly valued. Requires the completion of a management plan for the Park. Requires completion of a study assessing the historical significance of additional properties in Delaware associated with the Park. Requires such study to include an assessment of the potential for designating such properties as National Historic Landmarks. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Our Promise to America's Children and Teachers Act'' or the ``Keep Our PACT Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Children are our Nation's future and greatest treasure. (2) A high-quality education is the surest way for every child to reach his or her full potential. (3) The No Child Left Behind Act of 2001 represents the most sweeping revision of education policy in a generation. (4) The Consolidated Appropriations Act, 2005 (Pub. L. 108- 447) funded the No Child Left Behind Act of 2001 at $24,500,000,000 ($9,800,000,000 below its 2005 authorized level), causing 2,400,000 students not to receive the extra Title I help they were promised. (5) The Individuals with Disabilities Education Act guarantees all children with disabilities a first-rate education. (6) The Individuals with Disabilities Education Act committed the Congress to providing 40 percent of the national current average per pupil expenditure for special education students. (7) The fiscal year Consolidated Appropriations Act, 2005 (Pub. L. 108-447) funded the Individuals with Disabilities Education Act at $10,700,000,000, representing only 19 percent of the national current average per pupil expenditure for special education students and shortchanging 6,700,000 children with disabilities. (8) A promise made must be a promise kept. SEC. 3. FULL FUNDING OF THE NO CHILD LEFT BEHIND ACT OF 2001. (a) Funding.--There are appropriated, out of any money in the Treasury not otherwise appropriated-- (1) for fiscal year 2006, an amount that equals the difference between the amount appropriated for fiscal year 2006 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $36,867,000,000; (2) for fiscal year 2007, an amount that equals the difference between the amount appropriated for fiscal year 2007 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $39,442,000,000; (3) for fiscal year 2008, an amount that equals the difference between the amount appropriated for fiscal year 2008 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $40,428,000,000; (4) for fiscal year 2009, an amount that equals the difference between the amount appropriated for fiscal year 2009 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $41,439,000,000; (5) for fiscal year 2010, an amount that equals the difference between the amount appropriated for fiscal year 2010 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $42,475,000,000; and (6) for fiscal year 2011, an amount that equals the difference between the amount appropriated for fiscal year 2011 for programs under the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, and $45,537,000,000. (b) Use of Funds.--Funds appropriated under subsection (a)-- (1) shall be used to carry out the programs of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001; and (2) shall be allocated among such programs in the same ratio as funds otherwise appropriated to carry out such programs. SEC. 4. MANDATORY FUNDING OF THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT. (a) In General.--Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)), as amended by the Individuals with Disabilities Education Improvement Act of 2004 (Public Law 108-446), is amended to read as follows: ``(i) Mandatory Funding.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated, and there are appropriated-- ``(1) $13,200,000,000 for fiscal year 2006; ``(2) $15,700,000,000 for fiscal year 2007; ``(3) $18,200,000,000 for fiscal year 2008; ``(4) $20,700,000,000 for fiscal year 2009; ``(5) $23,200,000,000 for fiscal year 2010; ``(6) $25,700,000,000 for fiscal year 2011; and ``(7) for fiscal year 2012 and each subsequent fiscal year, the amount that is the total, for all States, of the maximum amounts described in subsection (a)(2)(B).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2005.
Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA). Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years. Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Depressed Smaller Cities Improvement Act of 1993''. SEC. 2. INTERAGENCY TASK FORCE ON DEPRESSED SMALLER CITIES. (a) Establishment.--There is hereby established an interagency task force to be known as the Interagency Task Force on Depressed Smaller Cities (in this Act referred to as the ``Task Force''). (b) Membership.-- (1) In general.--The Task Force shall be composed of 9 members as follows: (A) The Secretary of Housing and Urban Development, or the Secretary's delegate. (B) The Secretary of Health and Human Services, or the Secretary's delegate. (C) The Attorney General of the United States, or the Attorney General's delegate. (D) The Secretary of Commerce, or the Secretary's delegate. (E) 5 members appointed by the Speaker of the House of Representatives, not later than the expiration of the 6-month period beginning on the date of the enactment of this Act, who shall be public officials of depressed smaller cities. (2) Geographical diversity.--No 2 members appointed under paragraph (1)(E) may be residents of the same State. (c) Terms.--Members of the Task Force shall be appointed for the life of the Task Force. Any vacancy in the Task Force shall be filled in the manner in which the original appointment was made. (d) Chairperson.--The Secretary of Housing and Urban Development shall be the chairperson of the Task Force. (e) Prohibition of Compensation.--Members of the Task Force shall not receive pay or other compensation on account of their service on the Task Force. (f) Travel Expenses.--Each member of the Task Force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. SEC. 3. DUTIES OF TASK FORCE. (a) Study.--The Task Force shall carry out a study of the problems affecting depressed smaller cities, including problems involving crime, the environment, housing, labor and unemployment, education, health, and poverty. The study shall examine and analyze Federal, State, and local programs to alleviate such problems, the coordination or lack of coordination among such programs, and the effectiveness and efficiency of such programs, and shall determine the proper scope and extent of Federal assistance and programs to reduce the problems affecting such cities. In conducting the study, the Task Force shall consult with officials of local governments to obtain and provide advice regarding measures that may be implemented before the completion of the study to alleviate such problems and to coordinate the ongoing efforts of the local governments with the various Federal agencies. (b) Reports.-- (1) Annual reports.-- (A) In general.--The Task Force shall submit a report to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, not less than annually until the termination of the Task Force under section 5. (B) Contents.--Each report shall describe the activities of the Task Force during the previous year in conducting the study under subsection (a) and the findings and determinations of the Task Force resulting from the study. Each report shall also-- (i) identify the most pervasive problems affecting depressed smaller cities and the extent of such problems; (ii) describe any efforts to alleviate such problems that the Task Force considers to have been effective and efficient; (iii) identify the immediate and long-term needs of such cities in alleviating such problems; (iv) identify any existing Federal programs that may be useful to such cities in alleviating such problems; (v) include an agenda of actions to be taken to alleviate such problems, which describes the priorities of such actions; and (vi) include recommendations of the Task Force for actions and legislation by the Federal Government to assist State and local governments to alleviate the problems affecting depressed smaller cities. (2) Final report.--Not later than the termination of the Task Force under section 5, the Task Force shall submit to the Committees referred to in paragraph (1)(A) a final report describing the study conducted by the Task Force, the activities of the Task Force, and the findings, conclusions, and recommendations of the Task Force upon the completion of the study. (c) Meetings.--To carry out the study under subsection (a) and prepare the reports under subsection (b), the Task Force shall meet not less than quarterly in each year. SEC. 4. IDENTIFICATION OF DEPRESSED SMALLER CITIES. For purposes of this Act, the term ``depressed smaller city'' means any unit of general local government that, as determined by the Task Force for the most recent 12-month period for which statistics are available, is classified as a municipality by the United States Bureau of the Census, has a population of less than 50,000 and more than 5,000, and meets any 3 of the following 5 criteria: (1) Unemployment.--The total rate of unemployment for the unit of general local government (as determined by appropriate available data) is 12 percent or more. (2) Crime rate.--For the unit of general local government, the ratio of the aggregate number of violent crimes in the unit (according to statistics compiled by the Federal Bureau of Investigation) to the population of the unit, is 5 percent or greater. (3) Lack of municipal health facilities.--The unit of general local government does not own or operate any municipal health facilities. (4) Income level.--The median annual household income for households residing in the unit of general local government (as determined by the Bureau of the Census of the Department of Commerce) does not exceed $15,000. (5) Environmental problems.--The unit of general local government has substantial environmental problems resulting from industrial activities, as determined by the Task Force. SEC. 5. TERMINATION. The Commission shall terminate upon the expiration of the 3-year period beginning on the date of the appointment of the entire membership of the Task Force under section 2(b). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $750,000, which shall be available during fiscal years 1995, 1996, and 1997.
Depressed Smaller Cities Improvement Act of 1993 - Establishes the Interagency Task Force on Depressed Smaller Cities to study problems affecting depressed smaller cities and to determine the proper scope and extent of Federal assistance and programs to reduce the problems affecting such cities. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Horse Protection Amendments Act of 2013''. SEC. 2. DEFINITION. Section 2 of the Horse Protection Act (15 U.S.C. 1821) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The term `objective inspection' means an inspection conducted using only inspection methods based on science-based protocols (including swabbing or blood testing protocols) that-- ``(A) have been the subject of testing and are capable of producing scientifically reliable, reproducible results; ``(B) have been subjected to peer review; and ``(C) have received acceptance in the veterinary or other applicable scientific community.''. SEC. 3. INCREASING PROTECTIONS FOR HORSES PARTICIPATING IN HORSE SHOWS, EXHIBITIONS, OR SALES OR AUCTIONS. (a) Findings.--Section 3 of the Horse Protection Act (15 U.S.C. 1822) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: ``(4) the Inspector General of the Department of Agriculture has determined the program through which the Secretary inspects horses is not adequate to ensure compliance with this Act;''. (b) Horse Shows and Exhibitions.--Section 4(c) of the Horse Protection Act (15 U.S.C. 1823(c)) is amended-- (1) in the first sentence, by striking ``appointment by the management of any horse show, horse exhibition, or horse sale or auction of persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses for the purposes of enforcing this Act'' and inserting ``that affiliation and appointment''; (2) by inserting before the first sentence, the following: ``(1) The Horse Industry Organization established under paragraph (2) shall establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections at each such show, exhibition, and sale or auction, and in coordination with the Secretary, otherwise ensure compliance with this Act.''; and (3) by adding at the end the following new paragraph: ``(2)(A) Not later than 180 days after the date of the enactment of this paragraph, the Secretary shall prescribe by regulation the establishment of a single horse industry organization (referred to in this Act as the `Horse Industry Organization' or the `HIO'). The HIO shall be headed or otherwise governed by not more than nine individuals appointed in accordance with the following: ``(i) Four individuals shall be appointed by the heads of State agencies on agriculture, two of whom shall be appointed by the Commissioner of Agriculture for the State of Tennessee and two of whom shall be appointed by the Commissioner of Agriculture for the Commonwealth of Kentucky. ``(ii) Two individuals representing the Tennessee Walking Horse industry shall be appointed from within such industry by the individuals appointed under clause (i) in accordance with a process developed by the individuals so appointed in consultation with the Walking Horse Trainers' Association. ``(iii) Not more than three individuals shall be appointed by the six individuals appointed under clauses (i) and (ii). ``(B) The nine individuals appointed under clauses (i), (ii), and (iii) of subparagraph (A) shall establish a process for filling any vacancy and for the subsequent appointment of individuals initially appointed under such subparagraph. ``(C) Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to the HIO. ``(D) The Horse Industry Organization shall issue policies establishing requirements for any person licensed by the Horse Industry Organization or a member of the immediate family of such a person to be free from conflicts of interest, by reason of any association or connection with the walking horse industry including through-- ``(i) being employed by or providing any services to any show manager, trainer, owner, or exhibitor of Tennessee Walking horses, Spotted Saddle horses, or Racking horses; and ``(ii) training, exhibiting, shoeing, breeding, or selling Tennessee Walking horses, Spotted Saddle horses, or Racking horses. ``(E) Not later than 90 days after the date on which the Horse Industry Organization is established pursuant to this paragraph, the Secretary shall revoke the certification issued to any horse industry organization under section 11.7 of title 9, Code of Federal Regulations (or any successor regulation), as in effect on such date.''. (c) Unlawful Acts.--Section 5 of the Horse Protection Act (15 U.S.C. 1824) is amended-- (1) in paragraph (3), by striking ``appoint and retain a person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; (2) in paragraph (4), by striking ``appoint and retain a qualified person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; (3) in paragraph (5), by striking ``appointed and retained a person in accordance with section 4(c) of this Act'' and inserting ``establish a formal affiliation with the Horse Industry Organization under section 4(c)''; and (4) in paragraph (6)-- (A) by striking ``appointed and retained a person in accordance with section 4(c) of this Act'' and inserting ``established a formal affiliation with the Horse Industry Organization under section 4(c)''; and (B) by striking ``such person or the Secretary'' and inserting ``a person licensed by the Horse Industry Organization''. SEC. 4. REGULATIONS. Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue regulations to carry out the amendments made by this Act.
Horse Protection Amendments Act of 2013 [sic] - Amends the Horse Protection Act to replace the Designated Qualified Persons program responsible for inspecting horses for soring with a new inspection system. (The soring of horses is any of various actions taken on a horse's limb to produce a higher gait that may cause pain, distress, inflammation, or lameness.) Requires the Secretary of Agriculture (USDA) to establish a single Horse Industry Organization (HIO) in order to establish a formal affiliation with the management of each horse sale, horse exhibition, and horse sale or auction, appoint inspectors to conduct inspections, and otherwise ensure compliance with the Horse Protection Act. Directs the appointment of individuals by the Commissioners of Agriculture for Tennessee and Kentucky to govern the HIO. Requires those individuals to appoint individuals representing the Tennessee Walking Horse industry.
{"src": "billsum_train", "title": "Horse Protection Amendments Act of 2013"}
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SECTION 1. ATTORNEY GENERAL'S STANDING COMMISSION ON SEMIAUTOMATIC ASSAULT WEAPONS. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Attorney General shall establish a Standing Commission on Semiautomatic Assault Weapons. (b) Membership.-- (1) In general.--The Commission shall be composed of 8 members, including: (A) The Assistant Attorney General for the Criminal Division of the Department of Justice. (B) The heads, or their designees, of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, and the Drug Enforcement Agency. (C) Two representatives of national citizen's organizations concerned with protecting the rights of the law-abiding public to keep and bear arms. (D) Two representatives of national citizen's organizations concerned with protecting the public safety and the needs of the Nation's law enforcement officers. (2) Terms.--The Commission members who are representatives of national citizen's organizations shall serve terms of 4 years, except that the terms of the members first appointed may be staggered to ensure that the terms of no more than 3 members expire in any 1 year. (3) Vacancies.--The Attorney General shall make an appointment to fill a vacancy on the Commission not later than 30 days from the date that the vacancy occurred. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. (c) Meetings.--The Commission shall meet at least twice annually, at the call of the Attorney General and at the request of at least 3 members, based on requests for such a meeting from the public or law enforcement entities. Each meeting of the Commission shall be open to the public. (d) Duties.--The Commission shall-- (1) on an ongoing basis based on input solicited from private citizens, national organizations, and law enforcement, make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semi-automatic assault weapons and large capacity ammunition feeding devices meeting the criteria set forth in subsection (e); (2) establish procedures for making the recommendations required in paragraph (1) and for identifying the nature and extent of the restrictions recommended; (3) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (4) together with the recommendations required in paragraph (1), transmit to the Attorney General a report containing the Commission's findings and conclusions based on a review and analysis of information submitted to and collected by the Commission. (e) Attorney General's Duties.-- (1) Action based on recommendations.--Within 30 days of receipt by the Attorney General of any recommendations of the Commission, the Attorney General shall-- (A) reject the recommendations in whole of the Commission; or (B) accept the recommendations, in whole or in part, of the Commission and commence a public process, pursuant to the Administrative Procedure Act, for issuing regulations based on the Commission's recommendations. (2) Effect.--(A) If the Attorney General rejects the recommendations of the Commission pursuant to paragraph (1)(A), recommendations with respect to the semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General. (B) If the Attorney General accepts the recommendations of the Commission pursuant to paragraph (1)(B), the Attorney General shall not be bound by the recommendations, but may, based on information received during public hearings and through notices published in the Federal Register pursuant to the Administrative Procedure Act-- (i) make changes in any of the recommendatins and impose such restrictions, as the Attorney General determines necessary; or (ii) publish notice in the Federal Register that no further action will be taken on the recommendations of the Commission. (3) Submission to congress.--Contemporaneous with publication of final regulations in the Federal Register, the Attorney General shall submit the recommendations of the Department of Justice, which comprise the final regulations, together with such regulations, to the appropriate committees of the Congress. (f) Effective Date of Regulations.--The effective date of regulations issued by the Attorney General pursuant to subsection (e) shall be 90 days after such regulations are published in the Federal Register and submitted, together with the recommendations of the Attorney General, to the appropriate committees of Congress. (g) Congressional Consideration of Commission Report.-- (1) In general.--Implementation of regulations submitted to the Congress under subsection (e) may be terminated only if a joint resolution (described in paragraph (2)) disapproving such regulations is enacted, in accordance with the provisions of paragraph (3), before the end of the 90-day period beginning on the date on which such final regulations were published in the Federal Register and the recommendations were submitted to the appropriate committees of Congress. For purposes of applying the preceding sentence and paragraphs (2) and (3), 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 shall be excluded in the computation of a period. (2) Terms of the resolution.--A joint resolution described in this paragraph means only a joint resolution which is introduced within the 10-day period beginning on the date on which the Attorney General submits recommendations and a copy of the regulations under subsection (e) and-- (A) which does not have a preamble; (B) the matter after the resolving clause of which is as follows: ``That Congress disapproves the recommendations of the Attorney General, as contained in the regulations published by the Attorney General in the Federal Register on ____________,'' the blank space being filled in with the appropriate date; and (C) the title of which is as follows: ``Joint resolution disapproving the recommendations of the Attorney General''. (3) Procedures for consideration of resolution of approval.--Subject to paragraph (4), the provisions of section 2908 (other than subsection (a)) of the Defense Base Closure and Realignment Act of 1990 shall apply to the consideration of a joint resolution described in paragraph (2) in the same manner as such provisions apply to a joint resolution described in section 2908(a) of such Act. (4) Special rules.--For purposes of applying paragraph (3) with respect to such provisions-- (A) any reference to the Committee on Armed Services of the House of Representatives shall be deemed a reference to an appropriate committee of the House of Representatives (specified by the Speaker of the House of Representatives at the time of submission of recommendations under subsection (e)) and any reference to the Committee on Armed Services of the Senate shall be deemed a reference to an appropriate committee of the Senate (specified by the Majority Leader of the Senate at the time of submission of recommendations under subsection (e)); and (B) any reference to the date on which the President transmits a report shall be deemed a reference to a date on which the Attorney General submits recommendations under subsection (e). (h) Definitions.-- (1) Semiautomatic assault weapon.--The term ``semiautomatic assault weapon'' means-- (A) any of the firearms, or types, replicas, or duplicates in any caliber of the firearms known as-- (i) Norinco, Mitchell, and Poly Technologies Avtomat Kalashnikovs (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta AR-70 (SC-70); (iv) Colt AR-15 and Sporter; (v) Fabrique Nationale FN/FAL, FN/LAR, and FNC; (vi) SWD M-101 M-11; M 11-9; and M-12; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) any shotgun which contains its ammunition in a revolving cylinder, such as but not limited to, the Street Sweeper and Striker 12; (B) a semiautomatic rifle that has an ability to accept a detachable magazine and has at least 2 of-- (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a bayonet mount; (iv) a flash suppressor or barrel having a threaded muzzle; and (v) a grenade launcher; (C) a semiautomatic pistol that has an ability to accept a detachable magazine and has at least 2 of-- (i) an ammunition magazine that attaches to the pistol outside of the pistol grip; (ii) a barrel having a threaded muzzle; (iii) a shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned; (iv) a manufactured weight of 50 ounces or more when the pistol is unloaded; and (v) a semiautomatic version of an automatic firearm; and (D) a semiautomatic shotgun that has at least 2 of-- (i) a folding or telescoping stock; (ii) a pistol grip that protrudes conspicuously beneath the action of the weapon; (iii) a fixed magazine capacity in excess of 5 rounds; and (iv) an ability to accept a detachable magazine. (2) Large capacity ammunition feeding device.--The term ``large capacity ammunition feeding device'' means-- (A) a magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 10 rounds of ammunition; (B) any combination of parts from which a device described in clause (i) can be assembled; but (C) does not include an attached tubular device designed to accept, and capable of operating only with .22 caliber rimfire ammunition.
Directs the Attorney General to establish a Standing Commission on Semiautomatic Assault Weapons. Requires the Commission to: (1) make recommendations to the Attorney General for restricting the manufacture, sale, distribution, and possession of domestic-made semiautomatic assault weapons and large capacity ammunition feeding devices; (2) conduct public hearings and meetings on recommendations proposed by private citizens, law enforcement, and the Commission; and (3) transmit to the Attorney General together with the required recommendations a report on its findings and conclusions. Directs the Attorney General to: (1) reject the recommendations of the Commission in whole (in which case recommendations regarding semiautomatic assault weapons and large capacity ammunition feeding devices shall be deemed terminated for the year in which they were transmitted to the Attorney General); or (2) accept the Commission's recommendations in whole or in part, and commence a public process for issuing regulations based on such recommendations. Requires the Attorney General to submit the recommendations of the Department of Justice which comprise the final regulations, together with such regulations, to the appropriate congressional committees. Sets forth provisions regarding: (1) the effective date of any such regulations; and (2) congressional consideration of the Commission report.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Sanctity of Eternal Rest for Veterans Act of 2011'' or the ``SERVE Act of 2011''. SEC. 2. PURPOSE AND AUTHORITY. (a) Purpose.--The purpose of this Act is to provide necessary and proper support for the recruitment and retention of the Armed Forces and militia employed in the service of the United States by protecting the dignity of the service of the members of such Forces and militia, and by protecting the privacy of their immediate family members and other attendees during funeral services for such members. (b) Constitutional Authority.--Congress finds that this Act is a necessary and proper exercise of its powers under the Constitution, article I, section 8, paragraphs 1, 12, 13, 14, 16 and 18, to provide for the common defense, raise and support armies, provide and maintain a navy, make rules for the government and regulation of the land and naval forces, and provide for organizing and governing such part of the militia as may be employed in the service of the United States. SEC. 3. AMENDMENT TO TITLE 18. Section 1388 of title 18, United States Code is amended to read as follows: ``Sec. 1388. Prohibition on disruptions of funerals of members or former members of the armed forces ``(a) Prohibition.--For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any person to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after such funeral, any part of which activity-- ``(1)(A) takes place within the boundaries of the location of such funeral or takes place within 300 feet of the point of the intersection between-- ``(i) the boundary of the location of such funeral; and ``(ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and ``(B) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral and that disturbs or tends to disturb the peace or good order of such funeral; ``(2)(A) is within 500 feet of the boundary of the location of such funeral; and ``(B) includes any individual willfully and without proper authorization impeding or tending to impede the access to or egress from such location or disrupting or tending to disrupt a funeral procession; or ``(3) is within 500 feet of the boundary of the residence, home or domicile of any surviving member of the deceased person's immediate family and includes any individual willfully making or assisting in the making of any noise or diversion that disturbs or tends to disturb the peace of the persons located at such location. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under this title or imprisoned not more than 2 years, or both. ``(c) Civil Remedies.-- ``(1) District courts.--The district courts of the United States shall have jurisdiction-- ``(A) to prevent and restrain violations of this section; and ``(B) for the adjudication of any claims for relief under this section. ``(2) Attorney general.--The Attorney General may institute proceedings under this section. ``(3) Claims.--Any person, including a surviving member of the deceased person's immediate family, who suffers injury as a result of conduct that violates this section may-- ``(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and ``(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys' fees. ``(4) Estoppel.--A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. ``(d) Actual and Statutory Damages.-- ``(1) In general.--In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection. ``(2) Actions by private persons.--A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. ``(3) Actions by attorney general.--The Attorney General under subsection (c)(2) is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3). ``(4) Statutory damages.--A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. ``(e) Rebuttable Presumption.--It shall be a rebuttable presumption that the violation was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not disturb or tend to disturb the peace or good order of such funeral, impede or tend to impede the access to or egress from such funeral, disrupt or tend to disrupt to a funeral procession, or disturb or tend to disturb the peace of any surviving member of the deceased person`s immediate family who may be found at the residence, home or domicile of the deceased person's immediate family on the date of the service or ceremony. ``(f) Definitions.--In this section-- ``(1) the term `Armed Forces' has the meaning given the term in section 101 of title 10 and includes members and former members of the National Guard who were employed in the service of the United States; and ``(2) the term `immediate family' shall have the same meaning given such term in section 115 of this title.''. SEC. 4. AMENDMENT TO TITLE 38. (a) In General.--Section 2413 of title 38, United States Code, is amended to read as follows: ``Sec. 2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery ``(a) Prohibition.--It shall be unlawful for any person-- ``(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or ``(2) with respect to such a cemetery, to engage in an activity during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which activity-- ``(A)(i) takes place within the boundaries of such cemetery or takes place within 300 feet of the point of the intersection between-- ``(I) the boundary of such cemetery; and ``(II) a road, pathway, or other route of ingress to or egress from such cemetery; and ``(ii) includes any individual willfully making or assisting in the making of any noise or diversion that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; or ``(B)(i) is within 500 feet of the boundary of such cemetery; and ``(ii) includes any individual willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery or disrupting or tending to disrupt a funeral procession. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under title 18 or imprisoned not more than 2 years, or both. ``(c) Civil Remedies.--(1) The district courts of the United States shall have jurisdiction-- ``(A) to prevent and restrain violations of this section; and ``(B) for the adjudication of any claims for relief under this section. ``(2) The Attorney General of the United States may institute proceedings under this section. ``(3) Any person, including a surviving member of the deceased person's immediate family, who suffers injury as a result of conduct that violates this section may-- ``(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and ``(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys' fees. ``(4) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States. ``(d) Actual and Statutory Damages.--(1) In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection. ``(2) A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action. ``(3) The Attorney General under subsection (c)(2) is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3). ``(4) A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation. ``(e) Rebuttable Presumption.--It shall be a rebuttable presumption that the violation of subsection (a)(2) was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not-- ``(1) disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or ``(2) impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony; or ``(3) disrupt or tend to disrupt a funeral procession. ``(f) Definitions.--In this section-- ``(1) the term `demonstration' includes-- ``(A) any picketing or similar conduct; ``(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony; ``(C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and ``(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and ``(2) the term `immediate family' shall have the same meaning given such term in section 115 of title 18.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 24 of such title is amended by striking the item relating to section 2413 and inserting the following new item: ``2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery.''.
Sanctity of Eternal Rest for Veterans Act of 2011 or SERVE Act of 2011 - Amends the federal criminal code concerning the prohibition on disruptions of funerals of members or former members of the Armed Forces to increase the period covered under such prohibition from one to two hours before and after a military funeral. Includes within such unlawful conduct any disturbance or disruption occurring within 500 feet of the residence of a surviving member of a deceased's immediate family. Provides civil remedies, including actual and statutory damages. Makes identical changes under federal veterans' provisions concerning the prohibition on certain demonstrations and disruptions at national cemeteries, including Arlington National Cemetery.
{"src": "billsum_train", "title": "To guarantee that military funerals are conducted with dignity and respect."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Worker Incentive Act of 1999''. SEC. 2. NATIONAL CHILD CARE PROVIDER SCHOLARSHIP PROGRAM. (a) Establishment of Program.--Section 658G of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858e) is amended-- (1) by inserting ``(a) In General.--'' before ``A State''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.-- ``(1) State plan requirement.--In order to be eligible for funds under section 658J(a)(2), a State shall include in its plan under section 658E a child care provider scholarship program plan, meeting the requirements of this subsection, designed to further the goals of child care provider recruitment, training, credentialing, and retention. ``(2) Eligibility criteria for scholarship applicants.--The State plan shall provide that, in order for an individual to be eligible for a scholarship grant under this subsection, the following requirements shall be met: ``(A) Demonstrated commitment to child care career.--The individual-- ``(i) shall be a child care worker who is (or is employed by) a licensed or registered child care provider, or has a commitment for employment from a licensed or registered child care provider; and ``(ii) shall agree in writing to continue to be employed in the field of child care for at least one year after receiving the training for which assistance is provided. ``(B) Cost sharing by applicant.-- ``(i) In general.--The individual (either as provided in clause (ii) or otherwise) shall provide for payment, in cash or in kind, of a share of the cost of the education or training. ``(ii) Application for pell grants.--In the case of an application for a scholarship intended for use in an educational institution participating in the Pell Grant program under title IV of the Higher Education Act, the individual shall apply for a grant under such program for which the individual is eligible. ``(C) Employer requirements.--In the case of an individual employed by (or who has a commitment for employment from) a licensed or registered child care provider the individual's employer shall-- ``(i) pay a share of the cost of the education or training; and ``(ii) agree to provide increased financial incentives to the individual, such as a salary increase or bonus, when the individual completes the education or training. ``(3) Qualifying educational institutions.--The State plan shall specify the types of educational and training programs for which scholarships granted under the State program may be used, which shall be limited to (but may include any or all) programs that-- ``(A) are administered by institutions of higher education that are eligible to participate in student financial assistance programs under title IV of the Higher Education Act of 1965; and ``(B) lead to a State or national credential in child care or early childhood or early childhood special education, or to an associate or bachelor's degree in child development or early childhood education. ``(4) Annual maximum scholarship grant amount.--The maximum amount of a scholarship awarded to an eligible individual under this section may not exceed $1,500 per year. ``(5) Supplementation of other funding.--The State plan shall contain assurances that Federal funds provided to the State under this subsection will not be used to supplant Federal or non-Federal funds for existing services and activities that promote the purposes of this subsection.''. (b) Authorization of Appropriations.--Section 658B of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858) is amended (1) by inserting ``(a) In General.--'' before ``There''; and (2) by adding at the end the following: ``(b) Child Care Provider Scholarship Program.--There is authorized to be appropriated to carry out section 658G(b) $50,000,000 for each of fiscal years 2000 through 2004.''. (c) Allotment.--Section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``this subchapter'' and inserting ``each subsection of section 658B''; and (B) in paragraph (2) by striking ``section 658B'' and inserting ``section 658B(a)''; (2) in subsection (b)(1) in the matter preceding subparagraph (A), by inserting ``each subsection of'' before ``section 658B''; and (3) in subsection (e)(1) by striking ``the allotment under subsection (b)'' and inserting ``an allotment under subsection (b)''. (d) Payments.--Section 658J(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858h) is amended-- (1) by inserting ``(1)'' before ``Subject''; and (2) by adding at the end the following: ``(2) A State described in paragraph (1) whose plan under section 658E provides for a child care scholarship program under section 658G(b) shall be entitled to payment under this section in an amount equal to the lesser of its allotment under section 658O or 80 percent of expenditures by the State for such program.''. (e) Annual Report.--Section 658K(a)(2) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858i) is amended-- (1) in subparagraph (D) by striking ``and'' at the end; (2) in subparagraph (E) by adding ``and'' at the end; and (3) by inserting after subparagraph (E) the following: ``(F) the child care scholarship program, including-- ``(i) the number of child care workers receiving scholarship grants; ``(ii) the amount of each scholarship grant; ``(iii) the number of course credits or credentials completed by individuals receiving scholarships; ``(iv) the number and percentage of child care workers receiving scholarship grants in the previous year who fulfilled their 1-year commitment; and ``(v) such other data as the Secretary may require.''. SEC. 3. APPLICATION OF AMENDMENTS. The amendments made by this Act shall not apply with respect to fiscal years beginning before the date of the enactment of this Act.
Child Care Worker Incentive Act of 1999 - Amends the Child Care and Development Block Grant Act of 1990 to establish a national child care provider scholarship program. Sets forth eligibility criteria for scholarship applicants, including: (1) demonstrated commitment to a child care career; (2) cost sharing by the applicant and employer; and (3) the employer's agreement to provide increased financial incentives to the employee upon completion of the education or training. Includes such program under requirements for State plans, allotments, payments, and annual reports. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007''. SEC. 2. IMPROVEMENTS TO MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE MEMBERS. (a) In General.--Chapter 55 of title 10, United States Code, is amended by inserting after section 1074k the following new section: ``SEC. 1074L. MANAGEMENT OF MEDICAL AND DENTAL CARE FOR RECOVERING SERVICE MEMBERS. ``(a) Medical Care Managers.--(1) The Secretary of Defense shall assign a medical care manager to each recovering service member. ``(2)(A) The duties of the medical care manager shall include the following with respect to the recovering service member: ``(i) To assist in understanding the recovering service member's medical status. ``(ii) To assist in receiving prescribed medical care. ``(iii) To conduct a review, at least once a week, of the recovering service member's medical status. ``(B) The weekly medical status review described in subparagraph (A)(iii) shall be conducted in person with-- ``(i) in the case the recovering service member is not incapacitated, the recovering service member; or ``(ii) in the case the recovering service member is incapacitated-- ``(I) in the case a family member of the recovering service member is available, such family member; or ``(II) in the case a family member of the recovering service member is not available, an independent service member advocate from a veterans service organization. ``(3) Each medical care manager shall not be assigned at any one time to manage more than 17 recovering service members. ``(4)(A) The Secretary of Defense shall establish a standard training and certification program and curriculum for medical care managers. ``(B) Successful completion of the training program and annual certification shall be required before a person may assume the duties of a medical care case manager. ``(b) Caseworkers.--(1) The Secretary of Defense shall assign a caseworker to each recovering service member. ``(2) The duties of a caseworker shall include assisting each such recovering service member and their family members in obtaining all the information necessary for the following: ``(A) The recovery of such recovering service member from an injury or illness. ``(B) The transition of such recovering service member to civilian life or to other duties within the Department of Defense. ``(C) The receipt of benefits to which such recovering service member is entitled under the laws administered by the Secretary of Defense. ``(3) Each caseworker shall not be assigned at any one time to manage more than 34 recovering service members. ``(4)(A) The Secretary of Defense shall establish a standard training and certification program and curriculum for caseworkers. ``(B) Successful completion of the training program and annual certification shall be required before a person may assume the duties of a caseworker. ``(5) Each caseworker shall report to the department-wide Ombudsman Office established by section 3 of the Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007. ``(c) Independent Service Member Advocates.--The Secretary of Defense shall work to expand access to veterans service organizations to provide independent service member advocates to recovering service members that-- ``(1) do not report to the Secretary of Defense; ``(2) advise recovering service members on issues related to the medical records and service records of such recovering service members; and ``(3) provide recovering service members with such information as may be necessary for such recovering service members to prepare for reviews by physical evaluation boards. ``(d) Definitions.--In this section: ``(1) The term `family member', with respect to a recovering service member, has the meaning given that term in section 411h(b) of title 37. ``(2) The term `physical disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries concerned, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security. ``(3) The term `recovering service member' means a member of the armed forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the armed forces. ``(4) The term `veterans service organization' means any organization organized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074l. Management of medical and dental care for recovering service members.''. SEC. 3. ESTABLISHMENT OF OMBUDSMAN OFFICE FOR ENTIRE DEPARTMENT OF DEFENSE. (a) Establishment.--The Secretary of Defense shall establish within the Office of the Secretary of Defense a department-wide Ombudsman Office (in this subsection referred to as the ``Ombudsman Office''). (b) Functions.--The functions of the Ombudsman Office established under subsection (a) are-- (1) to provide policy guidance to, and oversight of, the ombudsman offices in the military departments; and (2) to monitor the medical system of the Department of Defense, including the following: (A) The physical disability evaluation system. (B) The caseworkers, medical care managers, and independent advocates described in section 1074l of title 10, United States Code, as added by section 2 of this Act. (C) The condition of health care treatment facilities of the Department of Defense. (D) The transition of care for recovering service members from care provided by the Department of Defense to care provided by the Department of Veterans Affairs. SEC. 4. IMPROVEMENT OF PHYSICAL DISABILITY EVALUATION SYSTEM, SCHEDULE FOR RATING DISABILITIES, AND DISABILITY RETIREMENT EVALUATION. (a) Improvement of Physical Disability Evaluation System.--Section 1222 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(d) Efforts to Improve Speed and Efficiency of Physical Disability Evaluation System.--(1) The Secretary of Defense shall undertake efforts to improve the speed and efficiency of the physical disability evaluation system. ``(2) The Secretary of Defense shall place the physical evaluation boards of each military department under one command to make the physical disability evaluation system more expeditious. ``(3) In this subsection, the term `physical disability evaluation system' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the armed forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries concerned, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security.''. (b) Joint Report on Modernization of the Schedule for Rating Disabilities in Use by Department of Veterans Affairs.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a plan to update the schedule for rating disabilities in use by the Department of Veterans Affairs to reflect the effects of mental health disorders, including traumatic brian injury and post-traumatic stress disorder, on the modern workforce. (c) Retirement or Separation for Physical Disability.-- (1) In general.--Chapter 61 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1223. Members with multiple disabilities ``In making a determination under this chapter, the Secretary concerned shall consider all of the disabilities, injuries, illnesses, or disease of a member incurred or aggravated while on active duty and consider the cumulative severity of all of those disabilities, injuries, illnesses, or diseases.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 61 is amended by adding at the end the following new item: ``1223. Members with multiple disabilities.''. (d) Prioritization of Retirement Processing.--The Secretary of Defense shall establish a system for the prioritization of processing the separation of members of the Armed Forces. Such system shall place the highest priority on recovering service members. (e) No Reduction in Disability Rating.--Once a disability rating is assigned by an informal physical evaluation board, the Secretary of Defense may not reduce such rating upon appeal. SEC. 5. ESTABLISHMENT OF MEDICAL RECORD DATABASE. (a) In General.--The Secretary of Defense shall establish a medical record database to track and record the medical status of all members of the Armed Forces. (b) Database Design.--To the extent practicable, the database established under subsection (a) shall be substantially the same as the Computerized Patient Record System of the Department of Veterans Affairs' Veterans Health Information Systems and Technology Architecture (VistA). (c) Access to Department of Defense Medical Record Database by Department of Veterans Affairs.--The Secretary of Defense shall make such system accessible to the Department of Veterans Affairs through the Joint Patient Tracking Application of the Department of Defense. (d) Privacy and Security.--The Secretary of Defense shall-- (1) ensure that the system conforms with all applicable privacy laws; and (2) take appropriate measures to ensure the security of the system. (e) Tracking of Members of the Armed Forces and Veterans With Traumatic Brain Injury.-- (1) Members of the armed forces.--The Secretary of Defense shall use the system established under subsection (a) to track members of the Armed Forces who have been diagnosed with traumatic brain injury. (2) Veterans.--The Secretary of Veterans Affairs shall use the Veterans Health Information Systems and Technology Architecture (VistA) to track veterans who have been diagnosed with traumatic brain injury. SEC. 6. ASSESSING THE MENTAL HEALTH OF MEMBERS OF THE ARMED FORCES BEFORE AND AFTER DEPLOYMENT IN A COMBAT THEATER. (a) In General.--The Secretary of Defense shall assess the mental health of each member of the Armed Forces who is deployed to a combat theater, or who the Secretary expects to deploy to a combat theater, at least once during-- (1) the 240-day period beginning 120 days before the date on which a member is deployed in a combat theater; (2) the 60-day period beginning on the date that such member returns from deployment in a combat theater; and (3) the predischarge physical of such member. (b) Testing of Neurocognitive Functioning.--A mental health assessment provided to a member in accordance with subsection (a)(1) shall test the neurocognitive functioning of such member. (c) Testing for Traumatic Brain Injury.--A mental health assessment provided to a member in accordance with paragraphs (2) and (3) of subsection (a) shall include a comprehensive screening for mild, moderate, and severe cases of traumatic brain injury. SEC. 7. REPORT ON ACCESS TO PRIVATE HEALTH CARE. Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report detailing plans to increase the role of eligible private sector rehabilitation providers in the provision of comprehensive post acute inpatient and outpatient rehabilitation by the Department of Veterans Affairs to members and former members of the Armed Forces with traumatic brain injury or post-traumatic stress disorder when the Department is unable to provide such services without the assistance. SEC. 8. NOTIFICATION TO CONGRESS OF HOSPITALIZATION OF COMBAT WOUNDED SERVICE MEMBERS. (a) Notification Required.--Chapter 55 of title 10, United States Code, is further amended by inserting after section 1074l, as added by section 2 of this Act, the following new section: ``Sec. 1074m. Notification to Congress of hospitalization of combat wounded members ``(a) Notification Required.--The Secretary concerned shall provide to the appropriate Members of Congress notification of the hospitalization of any recovering service member (within the meaning of section 1074l(d)(3) of this title) evacuated from a theater of combat to allow such Members of Congress to provide such recovering service member with assistance if necessary. ``(b) Appropriate Members.--In this section, the term `appropriate Members of Congress', with respect to the member of the armed forces about whom notification is being made, means the Senators and the Members of the House of Representatives representing the States or districts, respectively, that include the member's home of record and, if different, the residence of the next of kin, or a different location as provided by the member. ``(c) Consent of Member Required.--The notification under subsection (a) may be provided only with the consent of the member of the armed forces about whom notification is to be made. In the case of a member who is unable to provide consent, information and consent may be provided by next of kin.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1074m. Notification to Congress of hospitalization of combat wounded members.''. SEC. 9. DEFINITIONS. In this Act: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committees on Armed Services and Veterans' Affairs of the Senate; and (B) the Committees on Armed Services and Veterans' Affairs of the House of Representatives. (2) Physical disability evaluation system.--The term ``physical disability evaluation system'' means the Department of Defense system or process for evaluating the nature of and extent of disabilities affecting members of the Armed Forces (other than the Coast Guard) and comprised of medical evaluation boards, physical evaluation boards, counseling of members, and final disposition by appropriate personnel authorities, as operated by the Secretaries of the military departments, and, in the case of the Coast Guard, a similar system or process operated by the Secretary of Homeland Security. (3) Recovering service member.--The term ``recovering service member'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, or is otherwise in medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty in the Armed Forces. (4) Combat theater.--The term ``combat theater'' means the geographical area outside the continental United States required by combat and support forces for the conduct of military operations. (5) Neurocognitive.--The term ``neurocognitive'' means of, relating to, or involving the central nervous system and cognitive or information processing abilities (thinking, memory, and reasoning), as well as sensory processing (sight, hearing, touch, taste, and smell), and communication (expression and understanding).
Servicemembers' Healthcare Benefits and Rehabilitation Enhancement Act of 2007 - Directs the Secretary of Defense to: (1) assign a medical care manager and a caseworker to each member of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, or is otherwise in a medical hold or holdover status, for an injury, illness, or disease incurred or aggravated while on active duty (recovering member); and (2) undertake efforts to improve the speed and efficiency of the Department of Defense (DOD) physical disability evaluation system. Requires the Secretary of Veterans Affairs to submit to the congressional defense and veterans' committees a plan to update the disability ratings schedule of the Department of Veterans Affairs (VA) to reflect the effects on the modern workforce of mental health disorders, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD). Directs the Secretary of Defense to: (1) establish a system for the prioritization of processing the separation of members; (2) establish a medical record database to track and record the medical status of all members (and make such system accessible to the VA); (3) assess, both before and after, the mental health of each member who is deployed, or is expected to be deployed, to a combat theater; and (4) report, along with the Secretary of Veterans Affairs, on plans to increase the role of private providers in the provision of rehabilitation to members and former members with TBI or PTSD when the VA is unable to provide such services. Requires the: (1) Secretary of the military department concerned to notify the appropriate Members of Congress of the hospitalization of any recovering member evacuated from a theater of combat; and (2) recovering member to consent to such notification.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Flood Loss Mitigation Act of 2001''. SEC. 2. MITIGATION FOR AND PURCHASE OF CERTAIN REPETITIVE LOSS STRUCTURES. The National Flood Insurance Act of 1968 is amended by inserting after section 1361 (42 U.S.C. 4102) the following new section: ``mitigation for and purchase of certain repetitive loss structures ``Sec. 1362. (a) Authority.--To the extent amounts are made available for use under this section, the Director may, subject to the limitations of this section-- ``(1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures (as such term is defined in subsection (e)); and ``(2) purchase qualified repetitive loss structures, but only for public or open space use that is consistent with sound land management and use policies. ``(b) Limitations.--The Director shall establish limitations on the use of amounts made available under this section for mitigation and purchase of structures, which shall-- ``(1) be designed to encourage owners of structures to maintain participation in the national flood insurance program; and ``(2) include limitations that prohibit use of such amounts for mitigation or purchase of any qualified repetitive loss structure if-- ``(A) as a result of such action, the owner of the structure will not be able to purchase a replacement residence; ``(B) any of the flooding that resulted in designation of the structure as a qualified repetitive loss structure was a result (in whole or in part) of third party development; ``(C) such action will interfere with, impair, or disrupt the preservation or maintenance of historically or architecturally significant properties or areas or identifiable neighborhoods or areas of cultural cohesiveness; ``(D) in purchasing the structure, the owner relied upon flood insurance rate maps of the Federal Emergency Management Agency that were current at the time and did not indicate that the property was located in an area having special flood hazards; or ``(E) the Director otherwise determines, in the discretion of the Director, that amounts under this section should not be used for mitigation or purchase of such structure. ``(c) Priority for Worst-Case Properties.--In determining the properties for which to take action under this section, the Director shall give priority to qualified repetitive loss structures on the basis of the amount of losses to the National Flood Insurance Fund that such structures have caused or will cause. ``(d) Borrowing.-- ``(1) Issuance of obligations.--Subject to the provisions of this subsection, the Director may issue and sell such notes or other obligations to the Secretary of the Treasury as the Director determines are necessary to provide funds to carry out this section. ``(2) Terms and conditions.--Obligations under this subsection shall be issued in the forms and denominations, bearing the maturities, and subject to the terms and conditions that the Secretary of the Treasury may prescribe. ``(3) Notification to congress.--At least 25 days before the issuance or sale of a note or other obligation under paragraph (1), the Director shall notify, in writing, the Senate and the House of Representatives of the intention of such issuance or sale and the dollar amount of such notes or obligations. ``(4) Purchase of obligations.--The Secretary of the Treasury shall purchase any obligations issued under this subsection. For such purpose, the Secretary of the Treasury may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31. The purposes for which securities may be issued under such chapter are extended to include any purchase of obligations issued under this subsection. ``(5) Limitation on amount.--The Secretary of the Treasury may not at any time purchase any obligations under this subsection if the purchase would increase the aggregate principal amount of the outstanding holdings of obligations under this subsection by the Secretary to an amount greater than $300,000,000. ``(6) Resale authority.--The Secretary of the Treasury may sell any obligations issued under this subsection at the times and prices and upon the terms and conditions that the Secretary of the Treasury shall determine. ``(7) Treatment.--All purchases, redemptions, and sales of obligations under this subsection by the Secretary of the Treasury shall be treated as public debt transactions of the United States. ``(e) Qualified Repetitive Loss Structure.--For purposes of this section (and sections 1310(g) and 1316(b)), the term `qualified repetitive loss structure' means a structure that has incurred such flood-related damage as the Director shall, by regulation, provide in accordance with the purposes of such sections. ``(f) Authorization of Appropriations.--There is authorized to be appropriated for costs of activities under this section $100,000,000 for fiscal year 2002, $75,000,000 for fiscal year 2003, $50,000,000 for fiscal year 2004, and $25,000,000 for fiscal year 2005.''. SEC. 3. TREATMENT OF SAVINGS. Section 1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) is amended-- (1) in subsection (a)-- (A) in paragraph (7), by striking ``and'' at the end; (B) in paragraph (8), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(9) for use under subsection (g) of this section.''; and (2) by adding at the end the following new subsection: ``(g) Use of Mitigation Savings.-- ``(1) Determination.--For each fiscal year, the Director shall make a determination of the portion of the amounts in the fund that are attributable to savings from mitigation activities and purchases under section 1362 of qualified repetitive loss structures (as such term is defined in subsection (e) of such section). ``(2) Use for mitigation.--In each fiscal year, an amount in the fund equal to the amount determined under paragraph (1) of this subsection shall be available (in accordance with subsection (f)) only for mitigation activities for, and purchase of, qualified repetitive loss structures under section 1362, except as provided in paragraph (3). ``(3) Use for mapping.--After a determination by the Director that 75 percent of the number of qualified repetitive loss structures that existed upon the enactment of the Flood Loss Mitigation Act of 2001 have been provided mitigation that sufficiently reduces the risk of losses from flooding, or have been purchased for public or open space use that is consistent with sound land management and use policies, the Director may use up to 75 percent of the amount reserved in each fiscal year under paragraph (2) of this subsection for costs of mapping activities under section 1360.''. SEC. 4. INELIGIBILITY FOR NATIONAL FLOOD INSURANCE PROGRAM. Section 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended-- (1) by striking the section heading and inserting the following: ``prohibition of coverage for certain properties''; (2) by inserting ``(a) Properties in Violation of State or Local Law.--'' after ``1316.''; and (3) by adding at the end the following new subsections: ``(b) Qualified Repetitive Loss Structures.--In the case of a qualified repetitive loss structure (as such term is defined in section 1362(e)) that was the subject of an offer to purchase or to provide mitigation activities funded under section 1362 that was refused by the owner of the property, the Director may-- ``(1) deny the provision of any new flood insurance coverage under this title for such property and may cancel any existing coverage for such property; or ``(2) notwithstanding section 1308(e) or any other provision of this title, increase the chargeable risk premium rate for any new flood insurance coverage under this title for such property to an amount that is not more than the applicable estimated risk premium rate for the property under section 1307(a)(1). ``(c) Properties for Which Fraudulent Claims Have Been Made.--The Director may deny the provision of any new flood insurance coverage under this title, and may cancel any existing coverage, for a property if the Director determines that the owner of the property has made fraudulent claims for losses to the property under coverage provided under this title. ``(d) Appeals.--Any owner of a property who is aggrieved by a determination of the Director under subsection (b) or (c) may appeal such determination by filing, with the Director, a request for an appeal within 90 days after receiving notice of such determination. Upon receiving the request, the Director shall select, from a list of independent third parties compiled by the Director for such purpose, a party to hear such appeal. The determination made on appeal by such third party shall considered a final determination of the Director for purposes of review under chapter 7 of title 5, United States Code.''.
Flood Loss Mitigation Act of 2001 - Amends the National Flood Insurance Act of 1968 to authorize the Director of the Federal Emergency Management Agency to: (1) carry out mitigation activities that reduce flood damages to qualified repetitive loss structures; and (2) purchase such structures, but only for public or open space use that is consistent with sound land management and use policies.Requires the Director to determine for each fiscal year the portion of amounts in the National Flood Insurance Fund attributable to savings from such activities and purchases, which shall be available for such activities and purchases in that fiscal year. Allows the Director, after determining that 75 percent of such existing qualified repetitive loss structures have been provided mitigation that sufficiently reduces the risk of losses from flooding or have been purchased, to use up to 75 percent of the amount reserved for such activities and purchases for the costs of mapping activities.Allows the Director, in cases of such structures whose owners refused purchase or mitigation offers: (1) to deny the provision of new flood insurance coverage and to cancel existing coverage; or (2) to increase the chargeable risk premium rate for new coverage to an amount that is not more than the applicable estimated risk premium rate. Allows the Director to deny or cancel existing coverage for properties for which fraudulent claims have been made. Permits appeals by owners aggrieved by any such determinations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Limiting Inhumane Federal Trapping Act''. SEC. 2. PROHIBITION OF USE OF BODY-GRIPPING TRAPS BY PERSONNEL AND ON LANDS OF THE DEPARTMENTS OF THE INTERIOR AND AGRICULTURE. (a) Prohibitions.--Except as provided in subsection (b)-- (1) no personnel of the Department of the Interior or the Department of Agriculture may, in performance of their duties, use, recommend, train regarding the use of, or plan for use of, any body-gripping trap; and (2) no person shall use or possess any body-gripping trap on property under the administrative jurisdiction of the Department of the Interior or the Department of Agriculture, without regard to whether the person is employed by, or working under a contract with, the Department of the Interior or the Department of Agriculture. (b) Exceptions.-- (1) Limitation on application.-- (A) In general.--Subsection (a) shall not apply with respect to use of a body-gripping trap to-- (i) control documented, invasive species to achieve resource management objectives where alternative methods have failed; or (ii) protect a species that is-- (I) listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or (II) treated by the Forest Service as a sensitive species. (B) Conditions.-- (i) In general.--Subparagraph (A) shall not apply unless-- (I) such use of a body-gripping trap is in accordance with applicable State and Federal law; (II) prior to use of a body- gripping trap, all available and viable nonlethal methods for such control or protection, respectively, are attempted; and (III) such attempts are documented in writing, and such documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. (ii) Nonlethal methods described.--For purposes of clause (i)(II), the term ``nonlethal methods''-- (I) except as provided in subclause (II), includes exclusions or barriers, harassment and scaring devices, and other methods that do not result in the death of target or nontarget species; and (II) does not include any body- gripping device. (2) Training.--Subsection (a)(1) shall not apply with respect to training in the dismantling of body-gripping traps that have been illegally placed. (3) Indian country.--Subsection (a)(2) shall not apply with respect to use of a body-gripping trap in the Indian country. (c) Penalties.-- (1) Knowing violations.--Any person who knowingly violates or fails to comply with this Act or any regulation issued under this Act shall be fined under title 18, United States Code, or imprisoned for not more than 1 year, or both. (2) Other violations.--Any person who otherwise violates or fails to comply with this Act or any such regulation shall be fined under title 18, United States Code, or imprisoned not more than 180 days, or both. (d) Definitions.--In this section: (1) Body-gripping trap.--The term ``body-gripping trap''-- (A) except as provided in subparagraph (B), means any device that is intended to kill or capture an animal by physically restraining any part of the animal on land or in an aquatic environment, including any-- (i) spring traps, including steel-jaw, padded, enclosed and dog-proof, or other modified foothold or leghold traps; (ii) kill-type trap, including Conibear and body-crushing traps; (iii) snare traps, including foot snares and strangling neck snares; and (iv) modified version of any such a trap; and (B) does not include any-- (i) cage or box trap; or (ii) suitcase-type live beaver trap. (2) Indian country.--The term ``Indian country'' has the meaning given that term under section 1151 of title 18, United States Code. (3) Personnel.--The term ``personnel'' includes individuals employed by, working under a contract or cooperative agreement with, or otherwise collaborating with the Department of the Interior or the Department of Agriculture. (e) ANILCA Not Affected.--Nothing in this Act is intended or shall be construed to conflict with the Alaska National Interests Lands Conservation Act (16 U.S.C. 3101 et seq.). (f) Stricter State Laws Not Affected.--This section shall not be construed to preempt or limit any requirement of any law or regulation of a State or political subdivision of a State, that-- (1) is more restrictive than the requirements of this section; or (2) creates penalties for conduct regulated by this section.
Limiting Inhumane Federal Trapping Act This bill prohibits any personnel of the Department of the Interior or the Department of Agriculture (USDA), in performing their duties, from using, recommending, training in the use of, or planning for the use of, any body-gripping trap used to kill or capture an animal. This prohibition does not apply to training in the dismantling of body-gripping traps that have been illegally placed. No person shall use or possess any body-gripping trap on property under the administrative jurisdiction of Interior or USDA, except in Indian country, regardless of whether the person is employed by, or is working under a contract with, Interior or USDA. Such prohibitions shall not apply to the use of a body-gripping trap to: control documented, invasive species to achieve resource management objectives where alternative methods have failed; or protect a species that is listed as an endangered or threatened species or treated by the Forest Service as a sensitive species. Such exceptions shall not apply unless: such use of a body-gripping trap is in accordance with state and federal law; prior to using such a trap, all available and viable nonlethal methods for such control or protection have been attempted; and such attempts have been documented in writing, and the documentation is maintained at the headquarters of the department that employs the individual engaging in such attempt. The bill imposes criminal penalties for violating the prohibitions in this bill.
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SECTION 1. SHORT TITLE. This Act may be cited as ``Mynisha's Law''. SEC. 2. FINDINGS. Congress finds-- (1) with an estimated 24,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year old Mynisha Crenshaw and seriously wounding her 14-year old sister as they ate Sunday dinner with their family; (3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system. SEC. 3. DESIGNATION AS A COMPREHENSIVE GANG PREVENTION AND RELIEF AREA. (a) In General.--A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a Comprehensive Gang Prevention and Relief Area. (b) Criteria.-- (1) In general.--The Attorney General shall establish criteria for evaluating applications submitted under subsection (a) and for selecting areas for designation as Comprehensive Gang Prevention and Relief Areas. (2) Considerations.--In establishing criteria under subsection (a) and evaluating an application for designation as a Comprehensive Gang Prevention and Relief Area, the Attorney General shall consider-- (A) the current and predicted levels of gang crime activity in the area; (B) the extent to which violent crime in the area appears to be related to criminal gang activity; (C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D) such other criteria as the Attorney General determines to be appropriate. SEC. 4. INTERAGENCY GANG PREVENTION TASK FORCE. (a) In General.--In order to coordinate Federal assistance to Comprehensive Gang Prevention and Relief Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the ``Task Force''), consisting of a representative from-- (1) the Department of Justice; (2) the Department of Education; (3) the Department of Labor; (4) the Department of Health and Human Services; and (5) the Department of Housing and Urban Development. (b) Coordination.--For each Comprehensive Gang Prevention and Relief Area designated by the Attorney General under section 3, the Task Force shall-- (1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; and (2) coordinate its efforts with local and regional gang prevention efforts. (c) Programs.--The Task Force shall prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding under-- (1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8); (4) the Head Start Act (42 U.S.C. 9831 et seq.); (5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9) any program administered by the Office of Community Oriented Policing Services; (10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and (12) any other program that the Task Force determines to be appropriate. (d) Reporting Requirements.-- (1) In general.--Not later than February 1 of each year, the Task Force shall submit to Congress and the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a Comprehensive Gang Prevention and Relief Area. (2) Contents.--Each report under paragraph (1) shall include-- (A) an evidence-based analysis of the best practices and outcomes among the areas designated as Comprehensive Gang Prevention and Relief Areas; and (B) an analysis of the adequacy of Federal funding to meet the needs of each area designated as a Comprehensive Gang Prevention and Relief Area and, if the Task Force identifies any programmatic shortfalls in addressing gang prevention, a request for new funding or reprogramming of existing funds to meet such shortfalls. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to meet any needs identified by the Task Force as necessary to achieve the purposes of this Act.
Mynisha's Law - Authorizes any local or tribal government or a group of counties to submit an application to the Attorney General for designation as a Comprehensive Gang Prevention and Relief Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications and for selecting areas for designation; and (2) establish an Interagency Gang Prevention Task Force. Directs the Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; and (3) prioritize the needs of Comprehensive Gang Prevention and Relief Areas for funding under specified federal community assistance and grant programs.
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SECTION 1. SIMPLIFICATION OF EARNED INCOME CREDIT. (a) General Rule.--Section 32 of the Internal Revenue Code of 1986 (relating to earned income credit) is amended by striking subsections (a) and (b) and inserting the following: ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the credit percentage of so much of the taxpayer's earned income for the taxable year as does not exceed $5,714. ``(2) Limitation.--The amount of the credit allowable to a taxpayer under paragraph (1) for any taxable year shall not exceed the excess (if any) of-- ``(A) the credit percentage of $5,714, over ``(B) the phaseout percentage of so much of the adjusted gross income (or, if greater, the earned income) of the taxpayer for the taxable year as exceeds $9,000. ``(b) Percentages.--For purposes of subsection (a)-- ``(1) In general.--Except as otherwise provided in this subsection-- ``In the case of an The phaseout eligible individual with: The credit percentage is: percentage is: 1 qualifying child......... 23.0...................... 16.43 2 qualifying children...... 29.0...................... 20.71 3 or more qualifying 23.56 children.................. 33.01..................... ``(2) Transitional percentages.--In the case of a taxable year beginning in 1993: ``In the case of an The phaseout eligible individual with: The credit percentage is: percentage is: 1 qualifying child......... 18.5...................... 13.21 2 qualifying children...... 23.5...................... 16.78 3 or more qualifying children.................. 28.5...................... 20.35'' (b) Conforming Amendments.-- (1) Paragraph (2) of section 32(f) is amended by striking ``subsection (b)'' each place it appears and inserting ``subsection (a)(2)''. (2) Subparagraph (B) of section 32(i)(2) is amended-- (A) by striking ``subsection (b)(1)'' in clause (i) and inserting ``subsection (a)'', and (B) by striking ``subsection (b)(1)(B)(ii)'' in clause (ii) and inserting ``subsection (a)(2)''. (3) Paragraph (3) of section 162(l) is amended to read as follows: ``(3) Coordination with medical deduction.--Any amount paid by a taxpayer for insurance to which paragraph (1) applies shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a).'' (4) Section 213 is amended by striking subsection (f). (5) Subparagraph (B) of section 3507(c)(2) is amended by striking clauses (i) and (ii) and inserting the following: ``(i) of not more than the percentage (in effect under section 32(a)(1) for an eligible individual with 1 qualifying child) of earned income not in excess of the amount of earned income taken into account under section 32(a)(1), which ``(ii) phases out between the amount of earned income at which the phaseout begins under subsection (a)(2) of section 32 and the amount of earned income at which the credit under section 32 is phased out under such subsection for an individual with 1 qualifying child, or''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 2. REQUIRED EXPLANATION OF ADVANCE PAYMENT PROVISIONS. (a) General Rule.--Section 3507 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection: ``(f) Required Explanation of Advance Payment Provisions.--The Secretary shall include with any refund of an overpayment of tax made to an individual eligible for the credit provided by section 32-- ``(1) an explanation of the provisions of this section, and ``(2) a copy of the form to be used in furnishing an earned income eligibility certificate to the individual's employer.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on December 31, 1993.
Amends the Internal Revenue Code to allow as an earned income credit an amount equal to the credit percentage of so much of the taxpayer's income for the taxable year as does not exceed $5,714, subject to a phaseout of the current percentage limits. Eliminates the consideration of the health insurance credit for self-employed individuals as part of the computation of the earned income credit. Makes such changes effective beginning with taxable years after 1992. Directs the Secretary of the Treasury to include certain information to the taxpayer as part of a refund of an overpayment of the earned income credit.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Landscape Restoration Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage the collaborative, science- based ecosystem restoration of priority forest landscapes through a process that-- (1) encourages ecological, economic, and social sustainability; (2) leverages local resources with national and private resources; (3) facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the risk of uncharacteristic wildfire; and (4) demonstrates the degree to which-- (A) various ecological restoration techniques-- (i) achieve ecological health objectives; and (ii) affect wildfire activity and management costs; and (B) the use of forest restoration byproducts can offset treatment costs while benefitting rural economies and improving forest health. SEC. 3. DEFINITIONS. In this Act: (1) Covered federal lands.--The term ``covered Federal lands'' means Federal lands under the jurisdiction of the Bureau of Land Management and National Forest System lands. (2) Fund.--The term ``Fund'' means the Collaborative Forest Landscape Restoration Fund established by section 4(g). (3) Program.--The term ``program'' means the Collaborative Forest Landscape Restoration Program established under section 4(a). (4) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly. SEC. 4. COLLABORATIVE FOREST LANDSCAPE RESTORATION PROGRAM. (a) Establishment.--The Secretary of the Interior and the Secretary of Agriculture, acting jointly, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with applicable law. (b) Compliance With Existing Laws.--All activities carried out under the program shall be carried out in compliance with section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) and the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). (c) Eligibility Criteria.--To be eligible for nomination under subsection (d) for selection and funding under the program, a collaborative forest landscape restoration proposal shall-- (1) be based on a landscape restoration strategy that-- (A) is complete or substantially complete; (B) identifies and prioritizes ecological restoration treatments for a 10-year period across a landscape that is-- (i) at least 50,000 acres; (ii) comprised primarily of forested covered Federal lands, but may also include other Federal, State, tribal, or private land; (iii) in need of active ecosystem restoration; and (iv) accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments; (C) incorporates-- (i) the best available science and scientific application tools in ecological restoration strategies; and (ii) the requirements for old-growth maintenance, restoration, and management direction of paragraphs (2), (3), and (4) of subsection (f) and the requirements for large- tree retention of subsection (f) of section 102 of Public Law 108-148 (16 U.S.C. 6512); and (D) does not include the establishment of permanent roads; (2) be developed and implemented through a collaborative process that-- (A) includes multiple interested persons representing diverse interests; (B) is transparent and nonexclusive or meets the requirements for a resource advisory committee under section 205 of Public Law 106-393 (16 U.S.C. 500 note); and (C) has an established record of successful planning and implementation of ecological restoration projects on covered Federal lands; (3) describe plans to-- (A) use fire for ecological restoration and maintenance, where appropriate; (B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species; (C) maintain or improve water quality; (D) prevent, remediate, or control invasions of exotic species; (E) maintain or decommission roads; (F) use woody biomass and small-diameter trees produced from projects implementing the landscape restoration strategy; (G) report annually on performance, including through performance measures from the plan entitled the ``10 Year Comprehensive Strategy Implementation Plan'' and dated December 2006; (H) develop small business incubators and provide employment and training opportunities to people in rural communities, including contracts for monitoring activities, through-- (i) local private, nonprofit, or cooperative entities; (ii) Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups; (iii) small or micro-businesses; or (iv) other entities that will hire or train a significant percentage of local people to complete such contracts; and (I) take into account any applicable community wildfire protection plan (as defined in section 101 of Public Law 108-148 (16 U.S.C. 6511)); (4) analyze the anticipated cost savings resulting from-- (A) reduced wildfire management costs; and (B) a decrease in the unit costs of implementing ecological restoration treatments over time; (5) estimate-- (A) the annual Federal funding necessary to implement the proposal; and (B) the amount of new non-Federal investment for carrying out the proposal that would be leveraged by Federal funding for ecological restoration treatments; and (6) be subject to any other requirements that the Secretaries determines to be necessary for the efficient and effective administration of the program. (d) Nomination Process.-- (1) Submission.--A collaborative forest landscape restoration proposal shall be submitted to the Director of the Bureau of Land Management for each State in which the covered Federal lands included in the proposal are located and to the Regional Forester for the Forest Service Region in which the covered Federal lands included in the proposal are located. (2) Nomination.--A State Director of the Bureau of Land Management or a Regional Forester may nominate collaborative forest landscape restoration proposals for selection by the Secretaries. (3) Documentation.--With respect to each collaborative forest landscape restoration proposal that is nominated under paragraph (2)-- (A) the State Director of the Bureau of Land Management or Regional Forester making the nomination shall-- (i) include a proposal to use Federal funds allocated to the State Director of the Bureau of Land Management or Regional Forester to fund those costs of planning and carrying out ecological restoration treatments on covered Federal lands consistent with the landscape restoration strategy that would not be covered by amounts transferred to the Secretaries from the Fund; and (ii) provide evidence that amounts proposed to be transferred to the Secretaries from the Fund during the first 2 years following selection would be used to carry out ecological restoration treatments consistent with the landscape restoration strategy during the same fiscal year in which the funds are transferred to the Secretaries; and (B) if the collaborative forest landscape restoration proposal includes activities that would be carried out on land that is not under the jurisdiction of the Secretaries, the State Director of the Bureau of Land Management or Regional Forester making the nomination shall provide evidence that the owner of the non-covered Federal land intends to participate in, and provide appropriate funding to carry out, the activities on the non-covered Federal land. (e) Selection Process.-- (1) In general.--After consulting with any scientific and technical advisory panels established under subsection (f), the Secretaries shall, subject to paragraph (2), select the best collaborative forest landscape restoration proposals that-- (A) have been nominated under subsection (d)(2); and (B) meet the eligibility criteria established by subsection (c). (2) Criteria.--In selecting collaborative forest landscape restoration proposals under paragraph (1), the Secretaries shall give special consideration to-- (A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; (B) the strength of the collaborative process; (C) whether the proposal would reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees; (D) whether the proposal is likely to achieve reductions in long-term wildfire management costs; (E) the strength of the landscape restoration proposal and strategy; and (F) whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal. (3) Limitation.--The Secretaries may select not more than-- (A) 10 collaborative forest landscape restoration proposals to be funded during any fiscal year; and (B) 2 collaborative forest landscape restoration proposals in any 1 region of the National Forest System to be funded during any fiscal year. (f) Advisory Panels.-- (1) Scientific advisory panel.--The Secretaries shall establish a scientific advisory panel comprised of not more than 12 experts in ecological forest restoration and fire ecology to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to-- (A) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; and (B) whether the proposal is likely to achieve reductions in long-term wildfire management costs. (2) Technical advisory panel.--The Secretaries may establish a technical advisory panel comprised of experts in rural business development and the use of woody biomass and small-diameter trees to evaluate, and provide recommendations on, any proposal that has been nominated under subsection (d)(2) and meets the eligibility criteria established by subsection (c) with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments as a result of the use of woody biomass and small-diameter trees and provide local economic benefit. (g) Collaborative Forest Landscape Restoration Fund.-- (1) Establishment.--There is established in the Treasury of the United States a fund, to be known as the ``Collaborative Forest Landscape Restoration Fund'', to be used to pay up to 50 percent of the cost of carrying out ecological restoration treatments on covered Federal lands for each collaborative forest landscape restoration proposal selected to be carried out under subsection (e), consisting of-- (A) such amounts as are appropriated to the Fund under paragraph (5); and (B) any interest earned on investment of amounts in the Fund under paragraph (3). (2) Expenditures from fund.--On request by the Secretaries, the Secretary of the Treasury shall transfer from the Fund to the Secretaries such amounts as the Secretaries determines are necessary to carry out ecological restoration treatments under paragraph (1). (3) Accounting and reporting system.--The Secretaries shall establish an accounting and reporting system for the Fund. (4) Authorization of appropriations.--There is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2008 through 2018, to remain available until expended. (h) Program Implementation and Monitoring.-- (1) Work plan.--Not later than 180 days after the date on which a collaborative forest landscape restoration proposal is selected to be carried out, the Secretaries shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the collaborative forest landscape restoration proposal that includes-- (A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration; (B) a business plan that addresses-- (i) the anticipated unit treatment cost reductions over 10 years; (ii) the anticipated costs for infrastructure needed for the proposal; (iii) the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and (iv) the projected local economic benefits of the proposal; and (C) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments. (2) Project implementation.--Amounts transferred to the Secretaries from the Fund shall be used to carry out ecological restoration treatments that are-- (A) consistent with the landscape restoration proposal and strategy; and (B) identified through the collaborative process described in subsection (c)(2). (3) Annual report.--The Secretaries, in collaboration with interested persons, shall prepare an annual report on the accomplishments of each selected collaborative forest landscape restoration proposal that includes-- (A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the landscape restoration strategy; (B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance; (C) a description of community benefits achieved, including any local economic benefits; (D) the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and (E) a summary of the costs of-- (i) treatments; and (ii) relevant fire management activities. (4) Multiparty monitoring.--The Secretaries, in collaboration with interested persons, shall use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of each project implementing a selected collaborative forest landscape restoration proposal for not less than 15 years after project implementation commences. (i) Report.--Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretaries shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this Act, to-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives.
Forest Landscape Restoration Act - Directs the Secretary of Agriculture to establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes. Sets forth provisions concerning the eligibility criteria for, and nomination and selection of, collaborative forest landscape restoration proposals for carrying out such treatments. Requires the Secretary to establish a scientific advisory panel to evaluate, and provide recommendations on, any proposal with respect to: (1) the strength of the ecological case of the proposal for landscape restoration and the proposed restoration strategies; and (2) whether the proposal is likely to achieve reductions in long-term wildfire management costs. Authorizes the Secretary to establish a technical advisory panel to evaluate, and provide recommendations on, any proposal with respect to whether the proposal is likely to reduce the relative costs of carrying out treatments resulting from the use of woody biomass and small-diameter trees and to provide local economic benefit. Establishes the Collaborative Forest Landscape Fund, to be used for paying up to 50% of the cost of carrying out ecological restoration treatments on National Forest System land for each proposal selected. Requires: (1) creation of implementation work plans and budgets to implement proposals; (2) submission of annual reports on the accomplishments of selected proposals; (3) use of a multiparty monitoring, evaluation, and accountability process to assess the ecological, social, and economic effects of projects implementing proposals; and (4) submission of reports every five years on the Program.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Beaches Environmental Assessment, Closure, and Health Act of 1997''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Nation's beaches are a valuable public resource used for recreation by millions of people annually; (2) the beaches of coastal States are hosts to many out-of- State and international visitors; (3) tourism in the coastal zone generates billions of dollars annually; (4) increased population has contributed to the decline in the environmental quality of coastal waters; (5) pollution in coastal waters is not restricted by State and other political boundaries; (6) coastal States have different methods of testing the quality of coastal recreation waters, providing varying degrees of protection to the public; (7) the adoption of consistent criteria by coastal States for monitoring the quality of coastal recreation waters, and the posting of signs at beaches notifying the public during periods when the standards are exceeded, would enhance public health and safety; and (8) while the adoption of such criteria will enhance public health and safety, exceedances of such criteria should be addressed, where feasible, as part of a watershed approach to effectively identify and eliminate sources of pollution. (b) Purpose.--The purpose of this Act is to require uniform criteria and procedures for testing, monitoring, and posting of coastal recreation waters at beaches open for use by the public to protect public safety and improve environmental quality. SEC. 3. ADOPTION OF COASTAL RECREATIONAL WATER QUALITY CRITERIA BY STATES. (a) General Rule.--A State shall adopt water quality criteria for coastal recreation waters which, at a minimum, are consistent with the criteria published by the Administrator under section 304(a)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(1)) not later than 3\1/2\ years following the date of the enactment of this Act. Such water quality criteria shall be developed and promulgated in accordance with the requirements of section 303(c) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)). A State shall incorporate such criteria into all appropriate programs into which such State would incorporate other water quality criteria adopted under such section 303(c) and revise such criteria not later than 3 years following the date of publication of revisions by the Administrator under section 4(b) of this Act. (b) Failure of States To Adopt.--If a State has not complied with subsection (a) by the last day of the 3\1/2\-year period beginning on the date of the enactment of this Act, the water quality criteria issued by the Administrator under section 304(a)(1) of the Federal Water Pollution Control Act shall become applicable as the water quality criteria for coastal recreational waters for the State, and shall be deemed to have been promulgated by the Administrator pursuant to section 303(c)(4). SEC. 4. REVISIONS TO WATER QUALITY CRITERIA. (a) Studies.--After consultation with appropriate Federal, State, and local officials, including local health officials, and other interested persons, but not later than the last day of the 3-year period beginning on the date of the enactment of this Act, the Administrator shall conduct, in cooperation with the Under Secretary of Commerce for Oceans and Atmosphere, studies to provide additional information to the current base of knowledge for use in developing-- (1) a more complete list of potential health risks, including effects to the upper respiratory system; (2) better indicators for directly detecting or predicting in coastal recreational waters the presence of pathogens which are harmful to human health; and (3) more expeditious methods (including predictive models) for detecting in coastal recreation waters the presence of pathogens which are harmful to human health. (b) Revised Criteria.--Based on the results of the studies conducted under subsection (a), the Administrator, after consultation with appropriate Federal, State, and local officials, including local health officials, shall issue, within 5 years after the date of the enactment of this Act (and review and revise from time to time thereafter, but in no event less than once every 5 years) revised water quality criteria for pathogens in coastal recreation waters that are harmful to human health, including a revised list of indicators and testing methods. SEC. 5. COASTAL BEACH WATER QUALITY MONITORING. Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341-1345) is amended by adding at the end thereof the following new section: ``SEC. 406. COASTAL BEACH WATER QUALITY MONITORING. ``(a) Monitoring.--Within 18 months after the date of enactment of this section, the Administrator shall publish and revise regulations requiring monitoring of, and specifying available methods to be used by States to monitor, coastal recreation waters at beaches open for use by the public for compliance with applicable water quality criteria for those waters and protection of the public safety. Monitoring requirements established pursuant to this subsection shall, at a minimum-- ``(1) specify the frequency of monitoring based on the periods of recreational use of such waters; ``(2) specify the frequency of monitoring based on the extent and degree of use during such periods; ``(3) specify the frequency and location of monitoring based on the proximity of coastal recreation waters to known or identified point and nonpoint sources of pollution and in relation to storm events; ``(4) specify methods for detecting levels of pathogens that are harmful to human health and for identifying short-term increases in pathogens that are harmful to human health in coastal recreation waters, including in relation to storm events; and ``(5) specify the conditions and procedures under which discrete areas of coastal recreation waters may be exempted by the Administrator from the monitoring requirements of this subsection, if the Administrator determines that an exemption will not impair-- ``(A) compliance with the applicable water quality criteria for those waters; and ``(B) protection of the public safety. ``(b) Notification Requirements.--Regulations published pursuant to subsection (a) shall require States to provide prompt notification to local governments and the public of exceedance of applicable water quality criteria for State coastal recreation waters or the immediate likelihood of such an exceedance. Notification pursuant to this subsection shall include, at a minimum-- ``(1) prompt communication of the occurrence, nature, and extent of such an exceedance, or the immediate likelihood of such an exceedance based on predictive models to a designated official of a local government having jurisdiction over land adjoining the coastal recreation waters for which an exceedance is identified; and ``(2) posting of signs for the period during which the exceedance continues, sufficient to give notice to the public of an exceedance of applicable water quality criteria for such waters and the potential risks associated with water contact activities in such waters. ``(c) Floatable Materials Monitoring Procedures.--The Administrator shall-- ``(1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and ``(2) specify the conditions under which the presence of floatable material shall constitute a threat to public health and safety. ``(d) State Implementation.--A State must implement a monitoring program that conforms to the regulations issued pursuant to subsection (a) not later than 3\1/2\ years after the date of the enactment of this section and revise such program not later than 2 years following the date of publication of revisions by the Administrator under subsection (f). ``(e) Delegation of Responsibility.--Not later than 18 months after the date of the enactment of this section, the Administrator shall issue guidance establishing core performance measures for testing, monitoring and posting programs and the delegation of such programs under this section to local government authorities. In the case that such responsibilities are delegated by a State to a local government authority, or have been delegated to a local government authority before such date of enactment, in a manner that, at a minimum, is consistent with the guidance issued by the Administrator, State resources shall be made available to the delegated authority for the purpose of program implementation. ``(f) Review and Revision of Regulations.--The Administrator shall review and revise regulations published pursuant to this section periodically, but in no event less than once every 5 years. ``(g) Definitions.--In this section, the following definitions apply: ``(1) Coastal recreation waters.--The term `coastal recreation waters' means Great Lakes and marine coastal waters (including bays) used by the public for swimming, bathing, surfing, or other similar water contact activities. ``(2) Floatable materials.--The term `floatable materials' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products.''. SEC. 6. REPORT TO CONGRESS. Not later than 4 years after the date of the enactment of this Act, and periodically thereafter, the Administrator shall submit to Congress a report including-- (1) recommendations concerning the need for additional water quality criteria and other actions needed to improve the quality of coastal recreation waters; and (2) an evaluation of State efforts to implement this Act, including the amendments made by this Act. SEC. 7. GRANTS TO STATES. (a) Grants.--Subject to subsection (c), the Administrator may make grants to States for use in fulfilling requirements established pursuant to section 3 of this Act and section 406 of the Federal Water Pollution Control Act. (b) Cost Sharing.--The total amount of grants to a State under this section for a fiscal year shall not exceed 50 percent of the cost to the State of implementing requirements established pursuant to section 3 of this Act and section 406 of the Federal Water Pollution Control Act. (c) Eligible State.--After the last day of the 3\1/2\-year period beginning on the date of the enactment of this Act, the Administrator may make a grant to a State under this section only if the State demonstrates to the satisfaction of the Administrator that it is implementing its monitoring and posting program under section 406 of the Federal Water Pollution Control Act. SEC. 8. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Coastal recreation waters.--The term ``coastal recreation waters'' means Great Lakes and marine coastal waters (including bays) used by the public for swimming, bathing, surfing, or other similar body contact purposes. (3) Floatable materials.--The term ``floatable materials'' means any foreign matter that may float or remain suspended in the water column and includes plastic, aluminum cans, wood, bottles, and paper products. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Administrator-- (1) for use in making grants to States under section 7 not more than $4,500,000 for each of the fiscal years 1998 through 2002; and (2) for carrying out the other provisions of this Act not more than $1,500,000 for each of the fiscal years 1998 through 2002.
Beaches Environmental Assessment, Closure, and Health Act of 1997 - Requires States to adopt water quality criteria for coastal recreation waters consistent with those published by the Administrator of the Environmental Protection Agency under the Federal Water Pollution Control Act. Directs the Administrator to conduct studies for use in developing: (1) a more complete list of potential health risks; and (2) better indicators and more expeditious methods for detecting or predicting the presence of pathogens in coastal recreational waters. Requires the Administrator to issue revised water quality criteria for pathogens in such waters that are harmful to human health. Amends the Federal Water Pollution Control Act to direct the Administrator to publish and revise regulations requiring monitoring of, and specifying methods to be used by States to monitor, coastal recreation waters at public beaches for compliance with water quality criteria and protection of public safety. Requires notification of local governments and the public of exceedances, or the likelihood of exceedances, of water quality criteria for such waters. Directs the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in such waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Requires the Administrator to issue guidance establishing core performance measures for testing, monitoring, and posting programs and for the delegation of such programs to local government authorities. Makes State resources available to such authorities if the programs are so delegated. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Authorizes appropriations.
{"src": "billsum_train", "title": "Beaches Environmental Assessment, Closure, and Health Act of 1997"}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Hurricane Katrina Victims Emergency Shelter Act of 2005''. SEC. 2. AVAILABILITY OF HUD INVENTORY PROPERTIES. (a) In General.--Notwithstanding any other provision of law, the Secretary of Housing and Urban Development shall make covered properties available for occupancy by eligible families, as provided in this section. (b) 6-Month Reservation for Use Only by Eligible Families.-- (1) Requirement to offer only to eligible families.--During the 6-month period beginning on the date of the enactment of this Act, the Secretary may not dispose of any covered property under any provision of law other than this Act and may not offer, or enter into any agreement for disposition of, a covered property under any other such provision. (2) Request and occupancy.--If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e). (c) Continued Availability.-- (1) Availability for eligible families.--During the 18- month period that begins upon the conclusion of the period under subsection (b)(1), the Secretary shall offer each covered property for occupancy by affected families, but, except as provided in paragraph (2) of this subsection, may dispose of covered properties under other applicable provisions of law and may offer and enter into agreements for disposition of covered properties under such other provisions. (2) Request and occupancy.--If, during the period referred to in paragraph (1), an eligible family makes a request, in such form as the Secretary may require, to occupy a covered property for which the Secretary has not entered into any agreement for disposition under any other provision of law, the Secretary shall, in accordance with the selection criteria established pursuant to subsection (d), make the covered property available to the eligible family for occupancy in accordance with the terms under subsection (e). (d) Selection Criteria.--The Secretary shall establish criteria to select an eligible family to occupy a covered property for which more than one family has submitted such a request. Such criteria shall provide preference for eligible families having incomes not exceeding the median income for the area in which the primary residence of the family referred to in subsection (g)(2) was located. (e) Occupancy Terms.--Occupancy in a covered property pursuant to this section shall be subject to the following terms: (1) 5-years rent-free.--The eligible family may reside in the property under the terms of a lease (or renewable leases) which shall provide for rent-free occupancy, but which in no case may extend beyond the expiration of the 5-year period beginning upon initial occupancy of the property by the family. (2) Option to purchase.--At any time during the occupancy of a covered property by an eligible family pursuant to paragraph (1), the eligible family may purchase the property from the Secretary at price equal to the lesser of-- (A) the fair market value of the property as of the time of initial occupancy by such family, as determined by the Secretary, or (B) the fair market value of the property as of the time of such purchase, as determined by the Secretary, less the cost of any repairs or improvements made by the family during occupancy of the property. The Secretary shall periodically inform each eligible family occupying a covered property of the availability of the property for purchase under this paragraph. (f) Outreach.--The Secretary shall take such actions as may be appropriate to inform eligible families of the availability of covered properties pursuant to this section. (g) Definitions.--For purposes of this section, the following definitions shall apply: (1) Covered property.--The term ``covered property'' means any property that-- (A) is designed as a dwelling for occupancy by one to four families; (B) was previously subject to a mortgage insured under the National Housing Act; and (C) is owned by the Secretary pursuant to the payment of insurance benefits under such Act. (2) Eligible family.--The term ``eligible family'' means a person or household whose primary residence, as of August 29, 2005-- (A) was located in an area within which the President declared, under the Robert T. Stafford Disaster Assistance and Emergency Relief Act, a major disaster to have occurred pursuant to Hurricane Katrina; and (B) was, as a result of Hurricane Katrina, destroyed or damaged to such an extent that the residence is not habitable. (3) Secretary.--The term ``Secretary'' means the Secretary of Housing and Urban Development.
Hurricane Katrina Victims Emergency Shelter Act of 2005 - Directs the Secretary of Housing and Urban Development (HUD) to make single family properties held by HUD pursuant to foreclosure under the Federal Housing Administration (FHA) mortgage insurance program available to a person or family whose primary residence as of August 29, 2005, was in a disaster-designated area pursuant to Hurricane Katrina and was destroyed or otherwise made inhabitable. Provides: (1) that for the first six months after enactment of this Act the Secretary may not dispose of such properties except to an eligible family; (2) that for the 18 months following such six month period the Secretary shall make such properties that are not under a disposition agreement available to eligible families; (3) for five-year rent free occupancy, with an option to purchase; and (4) program outreach activities. Directs the Secretary to establish selection criteria for a property for which more than one family has submitted a request, with preference for families having incomes not exceeding the median income for the area in which the family's primary residence was located.
{"src": "billsum_train", "title": "To require the Secretary of Housing and Urban Development to make single family properties held by the Department pursuant to foreclosure under the FHA mortgage insurance program available for occupancy by families displaced by Hurricane Katrina."}
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SECTION 1. SHORT TITLE. This Act may be referred to as the ``Energy Jobs for Veterans Act''. SEC. 2. VETERANS ENERGY-RELATED EMPLOYMENT PROGRAM. (a) Establishment of Pilot Program.--To encourage the employment of eligible veterans in the energy industry, the Secretary of Labor, as part of the Veteran's Workforce Investment Program, shall carry out a pilot program to be known as the ``Veterans Energy-Related Employment Program''. Under the pilot program, the Secretary shall award competitive grants to three States for the establishment and administration of a State program to make grants to energy employers and labor-management organizations that provide covered training, on- job training, apprenticeships, and certification classes to eligible veterans. Such a program shall be known as a ``State Energy-Related Employment Program''. (b) Eligibility for Grants.--To be eligible to receive a grant under the pilot program, a State shall submit to the Secretary an application that includes each of the following: (1) A proposal for the expenditure of grant funds to establish and administer a public-private partnership program designed to provide covered training, on-job training, apprenticeships, and certification classes to a significant number of eligible veterans and ensure lasting and sustainable employment in well-paying jobs in the energy industry. (2) Evidence that the State has-- (A) a population of eligible veterans of an appropriate size to carry out the State program; (B) a robust and diverse energy industry; and (C) the ability to carry out the State program described in the proposal under paragraph (1). (3) Such other information and assurances as the Secretary may require. (c) Use of Funds.--A State that is the recipient of a grant under this section shall use the grant for the following purposes: (1) Making grants to energy employers and labor-management organizations to reimburse such employers and organizations for the cost of providing covered training, on-job training, apprenticeships, and certification classes to eligible veterans. (2) Conducting outreach to inform energy employers, labor- management organizations, and veterans, including veterans in rural areas, of their eligibility or potential eligibility for participation in the State program. (d) Conditions.--Under the pilot program, each grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (c). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (e) Employer Requirements.--In order to receive a grant made by a State under the pilot program, an energy employer shall-- (1) submit to the administrator of the State Energy-Related Employment Program an application that includes-- (A) the rate of pay for each eligible veteran proposed to be trained using grant funds; (B) the average rate of pay for an individual employed by the energy employer in a similar position who is not an eligible veteran; and (C) such other information and assurances as the administrator may require; and (2) agree to submit to the administrator, for each quarter, a report containing such information as the Secretary may specify. (f) Limitation.--None of the funds made available to an energy employer through a grant under the pilot program may be used to provide training of any kind to a person who is not an eligible veteran. (g) Report to Congress.--Together with the report required to be submitted annually under section 4107(c) of title 38, United States Code, the Secretary shall submit to Congress a report on the pilot program for the year covered by such report. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program. (h) Administrative and Reporting Costs.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (j), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (f). The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (i) Definitions.--For purposes of this section: (1) The term ``covered training, on-job training, apprenticeships, and certification classes'' means training, on-job training, apprenticeships, and certification classes that are-- (A) designed to provide the veteran with skills that are particular to an energy industry and not directly transferable to employment in another industry; and (B) approved as provided in paragraph (1) or (2), as appropriate, of subsection (a) of section 3687 of title 38, United States Code. (2) The term ``eligible veteran'' means a veteran, as that term is defined in section 101(3) of title 38, United States Code, who is employed by an energy employer and enrolled or participating in a covered training, on-job training, apprenticeship, or certification class. (3) The term ``energy employer'' means an entity that employs individuals in a trade or business in an energy industry. (4) The term ``energy industry'' means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind and solar energy industries. (C) The biofuels industry. (D) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (E) The oil and natural gas industry. (F) The nuclear industry. (j) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2011 through 2015, for the purpose of carrying out the pilot program. Passed the House of Representatives March 23, 2010. Attest: LORRAINE C. MILLER, Clerk.
Energy Jobs for Veterans Act - Directs the Secretary of Labor to establish a five-year pilot program (to be known as the Veterans Energy-Related Employment Program) to award competitive grants to three states to establish and administer a program of grants to energy industry employers and labor management organizations that provide training, apprenticeships, and certification classes to veterans employed by an energy employer. Requires annual reports from the Secretary to Congress for the duration of the pilot program. Authorizes appropriations.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Outreach Improvement Act of 2005''. SEC. 2. IMPROVEMENT OF OUTREACH ACTIVITIES WITHIN DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 5 of title 38, United States Code, is amended by adding at the end the following new subchapter: ``SUBCHAPTER IV--OUTREACH ACTIVITIES ``Sec. 561. Outreach activities: coordination of activities within the Department ``(a) The Secretary shall establish and maintain procedures for ensuring the effective coordination of the outreach activities of the Department between and among the following: ``(1) The Office of the Secretary. ``(2) The Office of Public Affairs. ``(3) The Veterans Health Administration. ``(4) The Veterans Benefits Administration. ``(5) The National Cemetery Administration. ``(b) The Secretary shall-- ``(1) annually review the procedures in effect under subsection (a) for the purpose of ensuring that those procedures meet the requirements of that subsection; and ``(2) make such modifications to those procedures as the Secretary considers appropriate in light of such review in order to better achieve that purpose. ``Sec. 562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach ``(a) It is the purpose of this section to provide for assistance by the Secretary to the States in carrying out programs within their respective jurisdiction that offer a high probability of improving outreach and assistance to veterans, and to the spouses, children, and parents of veterans, so as to ensure that such individuals are fully informed about, and assisted in applying for, any veterans' and veterans-related benefits and programs (including State veterans' programs) for which they may be eligible. ``(b) The Secretary shall ensure that, as a condition of the provision of assistance by the Secretary under this section, that such assistance is provided for outreach and assistance under State and county veteran service programs referred to in subsection (a) in locations-- ``(1) that have relatively large concentrations of populations of veterans and other individuals referred to in subsection (a); or ``(2) that are experiencing growth in the population of veterans and other individuals referred to in subsection (a). ``(c) The Secretary may enter into cooperative agreements and arrangements with State veterans agencies in order to carry out, coordinate, improve, or otherwise enhance outreach by the Department and the States (including outreach with respect to State veterans' programs). ``(d)(1) The Secretary may make grants to State veterans agencies in order to achieve the following purposes: ``(A) To carry out, coordinate, improve, or otherwise enhance outreach, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(B) To carry out, coordinate, improve, or otherwise enhance activities to assist in the development and submittal of claims for veterans' and veterans-related benefits, including activities pursuant to cooperative agreements and arrangements under subsection (c). ``(2) A State veterans agency receiving a grant under this subsection shall use the grant amount for purposes described in paragraph (1) by-- ``(A) awarding a portion of such grant amount to local governments of that State that provide veterans outreach services, to be awarded on the basis of the number of veterans residing in the jurisdiction of that local government; ``(B) awarding a portion of such grant amount to local governments in that State seeking to establish a program of outreach services; and ``(C) using the remainder for outreach activities of that State veterans agency. ``(3) No portion of the amount of a grant to a State under this subsection may be used at the State level for the purpose of administering those funds. ``(4) Federal funds provided to a State by a grant under this subsection may not be used to provide more than 50 percent of the total cost of such State and local government activities and shall be used to expand existing outreach programs and services, not to supplant existing State and local funding. The Secretary shall allocate funds to the States for grants under this subsection on the basis of the veteran population of the respective States. ``(5)(A) In a case in which a unit of local government does not have a veteran services program, funds from a grants under this subsection may be used to establish such a program. ``(B) In a case in which a unit of local government does not have such a program and does not seek to establish such a program through assistance from a grant amount under this subsection, the State veterans agency may use funds available under this subsection to provide outreach services for that local government jurisdiction. ``(C) In the case of a State in which State and local government veteran service programs do not seek to receive a grant amount under this subsection, the funds for that State shall be reallocated to those States in which local government veteran service programs exist and have chosen to seek to receive a grant amount under this subsection. ``(6) Funds made available through a grant under this subsection may be used for education and training for State and local government employees who provide (or when trained will provide) veterans outreach services in order for those employees to obtain accreditation in accordance with procedures approved by the Secretary and, for employees so accredited, for purposes of continuing education. ``(7) In this subsection, the term `State veterans agency' means the element of the government of a State that has responsibility for programs and activities of that State government relating to veterans benefits. ``Sec. 563. Outreach activities: funding ``(a) Amounts for the outreach activities of the Department under this subchapter shall be budgeted and appropriated through a separate appropriation account. ``(b) In the budget justification materials submitted to Congress in support of the Department budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31), the Secretary shall include a separate statement of the amount requested to be appropriated for that fiscal year for the account specified in subsection (a). ``Sec. 564. Definition of outreach ``For purposes of this subchapter, the term `outreach' means the act or process of taking steps in a systematic manner to provide information, services, and benefits counseling to veterans, and the survivors of veterans, who may be eligible to receive benefits under the laws administered by the Secretary to ensure that those individuals are fully informed about, and assisted in applying for, any benefits and programs under such laws for which they may be eligible. ``Sec. 565. Authorization of appropriations ``There are authorized to be appropriated to the Secretary for the purposes of carrying out this subchapter, including the making of grants under section 562(d) of this title, the amount of $25,000,000 for each of fiscal years 2006, 2007, and 2008.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following new items: ``subchapter iv--outreach activities ``561. Outreach activities: coordination of activities within the Department. ``562. Outreach activities: cooperative activities with States; grants to States for improvement of outreach. ``563. Outreach activities: funding. ``564. Definition of outreach. ``565. Authorization of appropriations.''.
Veterans Outreach Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to establish, maintain, and modify as necessary procedures for ensuring the effective coordination of outreach activities of the Department of Veterans Affairs between and among the Office of the Secretary, the Office of Public Affairs, the Veterans Health Administration, the Veterans Benefits Administration, and the National Cemetery Administration. Directs the Secretary to ensure that state and local outreach assistance is provided in locations that: (1) have relatively large concentrations of veterans; or (2) are experiencing growth in veteran populations. Authorizes the Secretary to make grants to state veterans agencies for state and local outreach services.
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SECTION 1. PROHIBITION ON IMPORTATION OF SEMIAUTOMATIC ASSAULT RIFLES AND ASSAULT PISTOLS. (a) General Rule.--Except as provided in subsection (b), the importation into the United States of-- (1) semiautomatic assault rifles; (2) semiautomatic assault pistols; (3) large capacity ammunition feeding devices; and (4) semiautomatic assault weapon accessories; is prohibited. (b) Exceptions.--The prohibition in subsection (a) does not apply to any importation under the authority of the United States, by any department or agency of the United States, or by any department or agency of any State or political subdivision of a State. SEC. 2. DEFINITIONS. The following terms apply for the purposes of this Act: (1) HTS.--The term ``HTS'' means the Harmonized Tariff Schedule of the United States. (2) Semiautomatic assault rifles.--The term ``semiautomatic assault rifles'' means rifles of any of the following types (provided for in subheading 9301.00.30 or 9303.30.80 of the HTS): AK47 type 86S type AK47S type 86S7 type AK74 type 87S type AKS type Galil type AKM type Type 56 type AKMS type Type 56S type 84S type Valmet M76 type ARM type Valmet M78 type 84S1 type M76 counter-sniper type 84S3 type FAL type HK91 type L1A1A type HK93 type SAR 48 type HK94 type AUG type G3SA type FNC type K1 type Uzi carbine K2 type Algimec AGMI type AR100 type AR180 type M14S type Australian Automatic Arms SAR type MAS223 type Beretta AR70 type SIG 550SP type Beretta BM59 type SIG 551SP type CIS SR88 type SKS type with Any other type determined pursuant detachable to law to be appropriate. magazine (3) Semiautomatic assault pistols.--The term ``semiautomatic assault pistols'' means pistols of any of the following types (provided for in subheading 9302.00.00 of the HTS): Uzi type Heckler & Koch SP-89 type Australian Automatic Arms SAP type Spectre Auto type Sterling Mark 7 type Any other type determined pursuant to law to be appropriate. (4) Large-capacity ammunition feeding device.--The term ``large-capacity ammunition feeding device'' means a detachable magazine, belt, drum, feed strip, or similar device that has a capacity of, or that can be readily restored or converted to accept, more than 5 rounds of ammunition (provided for in subheading 9305.29.50, 9305.90.10, or 9305.10.20 of the HTS). Such term also includes any combination of parts from which such a device can be assembled. (5) Semiautomatic assault weapon parts and accessories.-- The term ``semiautomatic assault weapon accessory or semiautomatic assault weapon part'' means any of the following articles if specifically designed for use with any semiautomatic weapon: (A) Grenade launchers (provided for in subheading 9301.00.90 of the HTS). (B) Bayonets (provided for in subheading 9307.00.00 of the HTS). (C) Flash suppressors (provided for in subheading 9305.90.30 of the HTS). (D) Night sights (provided for in subheading 9305.90.30 of the HTS). (E) Adaptors designed to facilitate the attachment of silencers or flash suppressors (provided for in subheading 9305.90.30 of the HTS). (F) Any combination of parts from which an article referred to in any of subparagraphs (A) through (E) can be assembled (provided for in subheading 9305.90.30 of the HTS). (G) Any part designed and intended solely for use in assembling an article referred to in any of subparagraphs (A) through (E). (H) Any other article determined pursuant to law to be appropriate. SEC. 3. APPLICABILITY. The provisions of sections 1 and 2 apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
Prohibits the importation into the United States of any semiautomatic assault weapon, large capacity ammunition feeding devices, or assault weapon accessories. Makes an exception for the importation of such articles under authority of the United States, by a U.S. department or agency, or by a State or local department or agency.
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Homeowners' Defense Act of 2013''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Establishment; status; principal office; membership. Sec. 4. Functions. Sec. 5. Powers. Sec. 6. Nonprofit entity; conflicts of interest; audits. Sec. 7. Management. Sec. 8. Staff; experts and consultants. Sec. 9. Federal liability. Sec. 10. Authorization of appropriations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the United States has a history of catastrophic natural disasters, including hurricanes, tornadoes, flood, fire, earthquakes, and volcanic eruptions; (2) although catastrophic natural disasters occur infrequently, they will continue to occur and are predictable; (3) such disasters generate large economic losses and a major component of those losses comes from damage and destruction to homes; (4) for the majority of Americans, their investment in their home represents their single biggest asset and the protection of that investment is paramount to economic and social stability; (5) the United States needs to take and support State actions to be better prepared for and better protected from catastrophes; (6) as the risk of catastrophic losses grows, so do the risks that any premiums collected by private insurers for extending coverage will be insufficient to cover future catastrophes, and private insurers, in an effort to protect their shareholders and policyholders (in the case of mutually owned companies), have thus significantly raised premiums and curtailed insurance coverage in States exposed to major catastrophes; (7) such effects on the insurance industry have been harmful to economic activity in States exposed to major catastrophes and have placed significant burdens on residents of such States; (8) Hurricanes Katrina, Rita, and Wilma struck the United States in 2005, causing over $200,000,000,000 in total economic losses, and insured losses to homeowners in excess of $50,000,000,000; (9) while the total costs of Hurricane Sandy have not yet been calculated, Fitch Ratings, a global credit ratings agency, has estimated that insured losses will amount to between $20,000,000,000 and $25,000,000,000; (10) the Federal Government has provided and will continue to provide resources to pay for losses from future catastrophes; and (11) it is the proper role of the Federal Government to prepare for and protect its citizens from catastrophes and to facilitate consumer protection, victim assistance, and recovery, including financial recovery. (b) Purposes.--The purpose of this Act is to establish a national catastrophic risk consortium to ensure the availability and affordability of homeowners' insurance coverage for catastrophic events. SEC. 3. ESTABLISHMENT; STATUS; PRINCIPAL OFFICE; MEMBERSHIP. (a) Establishment.--There is established an entity to be known as the ``National Catastrophe Risk Consortium'' (in this Act referred to as the ``Consortium''). (b) Status.--The Consortium is not a department, agency, or instrumentality of the United States Government. (c) Principal Office.--The principal office and place of business of the Consortium shall be such location within the United States determined by the Board of Directors to be the most advantageous for carrying out the purpose and functions of the Consortium. (d) Membership.--Any State that has established a reinsurance fund or has authorized the operation of a State residual insurance market entity, or State-sponsored provider of natural catastrophe insurance, shall be eligible to participate in the Consortium. SEC. 4. FUNCTIONS. The Consortium shall-- (1) work with all States, particularly those participating in the Consortium, to gather and maintain an inventory of catastrophe risk obligations held by State reinsurance funds, State residual insurance market entities, and State-sponsored providers of natural catastrophe insurance; (2) at the discretion of the affected members and on a conduit basis, issue securities and other financial instruments linked to the catastrophe risks insured or reinsured through members of the Consortium in the capital markets; (3) coordinate reinsurance contracts between participating, qualified reinsurance funds and private parties; (4) act as a centralized repository of State risk information that can be accessed by private-market participants seeking to participate in the transactions described in paragraphs (2) and (3) of this section; (5) establish a catastrophe risk database to perform research and analysis that encourages standardization of the risk-linked securities market; (6) perform any other functions, other than assuming risk or incurring debt, that are deemed necessary to aid in the transfer of catastrophe risk from participating States to private parties; and (7) submit annual reports to Congress describing the activities of the Consortium for the preceding year, and the first such annual report shall include an assessment of the costs to States and regions associated with catastrophe risk and an analysis of the costs and benefits, for States not participating in the Consortium, of such nonparticipation. SEC. 5. POWERS. The Consortium-- (1) may make and perform such contracts and other agreements with any individual or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Consortium; and (2) shall have such other powers, other than the power to assume risk or incur debt, as may be necessary and incident to carrying out this Act. SEC. 6. NONPROFIT ENTITY; CONFLICTS OF INTEREST; AUDITS. (a) Nonprofit Entity.--The Consortium shall be a nonprofit entity and no part of the net earnings of the Consortium shall inure to the benefit of any member, founder, contributor, or individual. (b) Conflicts of Interest.--No director, officer, or employee of the Consortium shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any Consortium, partnership, or organization in which he or she is directly or indirectly interested. (c) Audits.-- (1) Annual audit.--The financial statements of the Consortium shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants. (2) Reports.--The report of each annual audit pursuant to paragraph (1) shall be included in the annual report submitted in accordance with section 4(7). (d) Prohibition on Election and Lobbying Activities.-- (1) Federal.--The Consortium may not-- (A) make any contribution to a candidate for election for Federal office or to a political committee; (B) employ or retain-- (i) a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or (ii) an organization that employs one or more lobbyists and is registered under section 4(a)(2) of such Act (2 U.S.C. 1603(a)(2)); or (C) provide any thing of value, other than educational materials or information, to any elected official of the Federal Government. For purposes of this paragraph, the terms ``contribution'', ``candidate'', ``Federal office'', and ``political committee'' have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431). (2) Consortium.--The Consortium may not-- (A) make any contribution to a candidate for election for any State or local office or to any committee, club, association, or other group that receives contributions or makes expenditures for the purpose of influencing any such election; (B) employ or retain any person who engages in influencing legislating (as such term is defined in section 4911(d) of the Internal Revenue Code of 1986 (26 U.S.C. 4911(d))) of any State or local legislative body; or (C) provide any thing of value, other than educational materials or information, to any elected official of any State or local government. SEC. 7. MANAGEMENT. (a) Board of Directors; Membership; Designation of Chairperson.-- (1) Board of directors.--The management of the Consortium shall be vested in a board of directors (referred to in this Act as the ``Board'') composed of not less than 3 members. (2) Chairperson.--The Secretary of the Treasury, or the designee of the Secretary, shall serve as the chairperson of the Board. (3) Membership.--The members of the Board shall include-- (A) the Secretary of Homeland Security and the Secretary of Commerce, or the designees of such Secretaries, respectively, but only during such times as there are fewer than two States participating in the Consortium; and (B) a member from each State participating in the Consortium, who shall be appointed by such State. (b) Bylaws.--The Board may prescribe, amend, and repeal such bylaws as may be necessary for carrying out the functions of the Consortium. (c) Compensation, Actual, Necessary, and Transportation Expenses.-- (1) Non-federal employees.--A member of the Board who is not otherwise employed by the Federal Government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Consortium. (2) Federal employees.--A member of the Board who is an officer or employee of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Consortium. (3) Travel expenses.--Members of the Consortium shall be entitled to receive travel expenses, including per diem in lieu of subsistence, equivalent to those set forth in subchapter I of chapter 57 of title 5, United States Code. (d) Quorum.--A majority of the Board shall constitute a quorum. (e) Executive Director.--The Board shall appoint an executive director of the Consortium on such terms as the Board may determine. SEC. 8. STAFF; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The Board of the Consortium may appoint and terminate such other staff as are necessary to enable the Consortium to perform its duties. (2) Compensation.--The Board of the Consortium may fix the compensation of the executive director and other staff. (b) Experts and Consultants.--The Board shall procure the services of experts and consultants as the Board considers appropriate. SEC. 9. FEDERAL LIABILITY. The Federal Government and the Consortium shall not bear any liabilities arising from the actions of the Consortium. Participating States shall retain all catastrophe risk until the completion of a transaction described in paragraphs (2) and (3) of section 4. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2018.
Homeowners' Defense Act of 2013 - Establishes the National Catastrophe Risk Consortium, as a non-federal, non-profit entity, to ensure the availability and affordability of homeowners' insurance coverage for catastrophic events. Directs the Consortium to: (1) maintain an inventory of catastrophe risk obligations held by state reinsurance funds, state residual insurance market entities, and state-sponsored providers of natural catastrophe insurance; (2) issue, on a conduit basis, securities and other financial instruments linked to catastrophe risks insured or reinsured through Consortium members; (3) coordinate reinsurance contracts; (4) act as a centralized repository of state risk information accessible by certain private-market participants; and (5) establish a database to perform research and analysis that encourages standardization of the risk-linked securities market. Shields the federal government and the Consortium from liability for Consortium actions.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Homeownership Affordability Act of 2007''. SEC. 2. QUALIFIED HOMEOWNER DOWNPAYMENT ASSISTANCE. (a) In General.--Section 501 of the Internal Revenue Code of 1986 (relating to exemption of tax on corporations, certain trusts, etc.) is amended by redesignating subsection (r) as subsection (s) and by inserting after subsection (q) the following new subsection: ``(r) Qualified Homeowner Downpayment Assistance.-- ``(1) In general.--For purposes of subsection (c)(3) and sections 170(c)(2), 2055(a)(2), and 2522(a)(2), the term `charitable purposes' includes the provision of qualified homeowner downpayment assistance. ``(2) Qualified homeowner downpayment assistance.--For purposes of this subsection, the term `qualified homeowner downpayment assistance' means a gift of cash for the purpose of providing any downpayment for the acquisition of any property as a principal residence (within the meaning of section 121) for a qualified taxpayer if-- ``(A) with respect to such property, such gift does not exceed 20 percent of 110 percent of the maximum principal obligation allowable, and ``(B) the purchase price of such property does not exceed 110 percent of the maximum principal obligation allowable. ``(3) Maximum principal obligation allowable.--The maximum principal obligation allowable with respect to any property is the maximum principal obligation allowable for the area in which such property is located, determined under section 203(b)(2)(A) of the National Housing Act, for a loan insured pursuant to such section 203. ``(4) Qualified taxpayer.--For purposes of paragraph (2), the term `qualified taxpayer' means a taxpayer whose modified adjusted gross income for the taxable year in which the downpayment assistance is received does not exceed $110,000 ($220,000 in the case of a joint return). For purposes of the preceding sentence, the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.''. (b) No Charitable Deduction for Contributions for Downpayment Assistance.--Subsection (f) of section 170 of the Internal Revenue Code of 1986 (relating to disallowance of deduction in certain cases and special rules) is amended by adding at the end the following new paragraph: ``(19) Denial of deduction of contributions for downpayment assistance.--No deduction shall be allowed under this section for a contribution to an organization which provides homeowner downpayment assistance if the contribution is made directly or indirectly in connection with a transaction in which the purchaser of a home received downpayment assistance and the contributor-- ``(A) received the downpayment assistance, ``(B) sold the home to the purchaser, ``(C) loaned money to the purchaser, or ``(D) otherwise received a commission or other benefit associated with the transaction.''. (c) Exclusion From Taxable Gifts.-- (1) In general.--Paragraph (2) of section 2503(e) of such Code (relating to exclusion for certain transfers for educational expenses or medical expenses) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by inserting after subparagraph (B) the following new subparagraph: ``(C) if such payment is qualified homeowner downpayment assistance (as defined in section 501(r)(2)) paid to a lender or the seller of the property on behalf of a donee who is related to the donor.''. (2) Relationship test.--Paragraph (2) of section 2503(e) of such Code is amended by adding at the end the following flush sentence: ``For purposes of subparagraph (C), a donee is related to a donor if the donee bears a relationship to the donor described in section 529(e)(2) (other than subparagraph (D) thereof).''. (3) Conforming amendment.--The heading for section 2503(e) of such Code is amended by striking ``Educational Expenses or Medical Expenses'' and inserting ``Educational Expenses, Medical Expenses, or Downpayment Assistance''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.
Homeownership Affordability Act of 2007 - Amends the Internal Revenue Code to deem qualified homeowner downpayment assistance as a charitable purpose for income, estate, and gift tax purposes. Defines "qualified homeowner downpayment assistance" as a gift of cash for the purpose of providing any downpayment for the purchase of a principal residence for a taxpayer whose modified adjusted gross income does not exceed $110,000 ($220,000 for joint returns), if: (1) such gift does not exceed 20% of 110 percent of the maximum principal obligation allowable; and (2) the purchase price of such property does not exceed 110 percent of such amount. Denies an income tax deduction to a donor of homeowner downpayment assistance who receives a direct financial benefit in connection with the purchase of a principal residence for which downpayment assistance was provided. Allows a gift tax exclusion for a homeowner downpayment gift.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``National Volcano Early Warning and Monitoring System Act''. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. (2) System.--The term ``System'' means the National Volcano Early Warning and Monitoring System established under section 3(a)(1). SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM. (a) Establishment.-- (1) In general.--The Secretary shall establish within the United States Geological Survey a system, to be known as the ``National Volcano Early Warning and Monitoring System'', to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity. (2) Purposes.--The purposes of the System are-- (A) to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which include the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, Yellowstone Volcano Observatory, and other volcano observatories established under subsection (d); and (B) to unify the monitoring systems of volcano observatories in the United States into a single interoperative system. (3) Objective.--The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by-- (A) upgrading existing networks on monitored volcanoes; (B) installing new networks on unmonitored volcanoes; and (C) employing geodetic and other components when applicable. (b) System Components.-- (1) In general.--The System shall include-- (A) a national volcano watch office that is operational 24 hours a day and 7 days a week; (B) a national volcano data center; and (C) an external grants program to support research in volcano monitoring science and technology. (2) Modernization activities.--Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions. (c) Management.-- (1) Management plan.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System. (B) Inclusions.--The management plan submitted under subparagraph (A) shall include-- (i) annual cost estimates for modernization activities and operation of the System; (ii) annual milestones, standards, and performance goals; and (iii) recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources. (2) Advisory committee.--The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary. (3) Partnerships.--The Secretary may enter into cooperative agreements with institutions of higher education and State or territorial agencies designating the institutions of higher education and State or territorial agencies as volcano observatory partners for the System. (4) Coordination.--The Secretary shall coordinate the activities under this Act with the heads of relevant Federal agencies, including-- (A) the Secretary of Transportation; (B) the Administrator of the Federal Aviation Administration; (C) the Administrator of the National Oceanic and Atmospheric Administration; and (D) the Director of the Federal Emergency Management Administration. (d) Volcano Observatory in Pacific U.S. Territories.-- (1) Feasibility study.--Not later than 180 days after the date of enactment of this Act, the Secretary shall conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire, including underwater volcanic activity in such region. (2) Consultation.--The Secretary shall consult with appropriate territorial and local entities in conducting the study. (3) Cooperative agreement.--If the study required by paragraph (1) determines that such observatories are feasible, then the Secretary, subject to the availability of appropriations, may enter into cooperative agreements under subsection (c)(3) with institutions of higher education or territorial agencies to establish such volcano observatories as part of the National Volcano Early Warning and Monitoring System. (e) Annual Report.--In each of fiscal years 2018 through 2024, the Secretary shall submit to Congress a report that describes the activities carried out under this Act. SEC. 4. FUNDING. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary to carry out this Act $15,000,000 for each of fiscal years 2018 through 2024. (b) Effect on Other Sources of Federal Funding.--Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.
National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity. The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, and (2) establish an advisory committee to assist in implementing the system. The USGS may enter into cooperative agreements designating institutions of higher education and state or territorial agencies as volcano observatory partners for the system. The USGS must conduct a study to assess the feasibility of establishing volcano observatories in Guam, the Northern Mariana Islands, and American Samoa to monitor volcanic activity across the western and southern Pacific Ocean along the Ring of Fire. If determined to be feasible, the USGS may enter into cooperative agreements with institutions of higher education or territorial agencies to establish such observatories as part of the National Volcano Early Warning and Monitoring System.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Dangerous Explosives Background Checks Requirement Act''. SEC. 2. PERMITS AND BACKGROUND CHECKS FOR PURCHASES OF EXPLOSIVES. (a) Permits for Purchase of Explosives in General.-- (1) In general.--Section 842 of title 18, United States Code, is amended-- (A) in subsection (a)(3), by striking subparagraphs (A) and (B) and inserting the following: ``(A) to transport, ship, cause to be transported, or receive any explosive materials; or ``(B) to distribute explosive materials to any person other than a licensee or permittee.''; and (B) in subsection (b)-- (i) by adding ``or'' at the end of paragraph (1); (ii) by striking ``; or'' at the end of paragraph (2) and inserting a period; and (iii) by striking paragraph (3). (2) Regulations.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury shall promulgate final regulations with respect to the amendments made by paragraph (1). (B) Notice to states.--On the promulgation of final regulations under subparagraph (A), the Secretary of the Treasury shall notify the States of the regulations in order that the States may consider legislation to amend relevant State laws relating to explosives. (b) Background Checks.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(p) Background Checks.-- ``(1) Definitions.--In this subsection: ``(A) Chief law enforcement officer.--The term `chief law enforcement officer' means the chief of police, the sheriff, or an equivalent officer or the designee of such an individual. ``(B) System.--The term `system' means the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note). ``(2) Prohibition.--A licensed importer, licensed manufacturer, or licensed dealer shall not transfer explosive materials to a permitee unless-- ``(A) before the completion of the transfer, the licensee contacts the system; ``(B)(i) the system provides the licensee with a unique identification number; or ``(ii) 5 days on which State offices are open have elapsed since the licensee contacted the system, and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate subsection (i); ``(C) the transferor has verified the identity of the transferee by examining a valid identification document (as defined in section 1028) of the transferee containing a photograph of the transferee; and ``(D) the transferor has examined the permit issued to the transferee under section 843 and recorded the permit number on the record of the transfer. ``(3) Identification number.--If receipt of explosive materials would not violate section 842(i) or State law, the system shall-- ``(A) assign a unique identification number to the transfer; and ``(B) provide the licensee with the number. ``(4) Exceptions.--Paragraph (2) shall not apply to a transfer of explosive materials between a licensee and another person if, on application of the transferor, the Secretary has certified that compliance with paragraph (2)(A) is impracticable because-- ``(A) the ratio of the number of law enforcement officers of the State in which the transfer is to occur to the number of square miles of land area of the State does not exceed 0.0025; ``(B) the business premises of the licensee at which the transfer is to occur are extremely remote in relation to the chief law enforcement officer; and ``(C) there is an absence of telecommunications facilities in the geographical area in which the business premises are located. ``(5) Inclusion of identification number.--If the system notifies the licensee that the information available to the system does not demonstrate that the receipt of explosive materials by the transferee would violate subsection (i) or State law, and the licensee transfers explosive materials to the transferee, the licensee shall include in the record of the transfer the unique identification number provided by the system with respect to the transfer. ``(6) Penalties.--If the licensee knowingly transfers explosive materials to another person and knowingly fails to comply with paragraph (2) with respect to the transfer, the Secretary may, after notice and opportunity for a hearing-- ``(A) suspend for not more than 6 months or revoke any license issued to the licensee under section 843; and ``(B) impose on the licensee a civil penalty of not more than $5,000. ``(7) No liability.--Neither a local government nor an employee of the Federal Government or of any State or local government, responsible for providing information to the system shall be liable in an action at law for damages-- ``(A) for failure to prevent the transfer of explosive materials to a person whose receipt or possession of the explosive material is unlawful under this section; or ``(B) for preventing such a transfer to a person who may lawfully receive or possess explosive materials. ``(8) Determination of ineligibility.-- ``(A) Written reasons provided on request.--If the system determines that an individual is ineligible to receive explosive materials and the individual requests the system to provide the reasons for the determination, the system shall provide such reasons to the individual, in writing, not later than 5 business days after the date of the request. ``(B) Correction of erroneous system information.-- ``(i) In general.--If the system informs an individual contacting the system that receipt of explosive materials by a prospective transferee would violate subsection (i) or applicable State law, the prospective transferee may request the Attorney General to provide the prospective transferee with the reasons for the determination. ``(ii) Treatment of requests.--On receipt a request under subparagraph (A), the Attorney General shall immediately comply with the request. ``(iii) Submission of additional information.-- ``(I) In general.--A prospective transferee may submit to the Attorney General information to correct, clarify, or supplement records of the system with respect to the prospective transferee. ``(II) Action by the attorney general.--After receipt of information under clause (i), the Attorney General shall-- ``(aa) immediately consider the information; ``(bb) investigate the matter further; and ``(cc) correct all erroneous Federal records relating to the prospective transferee and give notice of the error to any Federal department or agency or any State that was the source of such erroneous records.''. (c) Remedy for Erroneous Denial of Explosive Materials.-- (1) In general.--Chapter 40 of title 18, United States Code, is amended by inserting after section 843 the following: ``Sec. 843A. Remedy for erroneous denial of explosive materials ``(a) In General.--Any person denied explosive materials under section 842(p)-- ``(1) due to the provision of erroneous information relating to the person by any State or political subdivision of a State or by the national instant criminal background check system referred to in section 922(t); or ``(2) who was not prohibited from receiving explosive materials under section 842(i); may bring an action against an entity described in subsection (b) for an order directing that the erroneous information be corrected or that the transfer be approved, as the case may be. ``(b) Entities Described.--An entity referred to in subsection (a) is the State or political subdivision responsible for providing the erroneous information referred to in subsection (a)(1) or denying the transfer of explosives or the United States, as the case may be. ``(c) Attorney's Fees.--In any action brought under this section, the court, in its discretion, may allow the prevailing party a reasonable attorney's fee as part of the costs.''. (2) Technical amendment.--The analysis for chapter 40 of title 18, United States Code, is amended by inserting after the item relating to section 843 the following: ``843A. Remedy for erroneous denial of explosive materials.''. (d) Licenses and User Permits.--Section 843(a) of title 18, United States Code, is amended-- (1) by inserting ``, including fingerprints and a photograph of the applicant'' before the period at the end of the first sentence; and (2) by striking the second sentence and inserting the following: ``Each applicant for a license shall pay for each license a fee established by the Secretary in an amount not to exceed $300. Each applicant for a permit shall pay for each permit a fee established by the Secretary in an amount not to exceed $100.''. (e) Penalties.--Section 844(a) of title 18, United States Code, is amended-- (1) by inserting ``(1) after ``(a)''; and (2) by adding at the end the following: ``(2) Background checks.--A person who violates section 842(p) shall be fined under this title, imprisoned not more than 5 years, or both.''. (f) Effective Date.--The amendments made by subsections (a), (b), (c), and (e) take effect 18 months after the date of enactment of this Act.
Dangerous Explosives Background Checks Requirement Act - Amends the Federal criminal code to prohibit a person other than a Federal explosive materials licensee or permittee from knowingly: (1) transporting, shipping, causing to be transported, or receiving explosive materials (currently, in interstate or foreign commerce, and with a specified exception based on residency); or (2) distributing explosive materials to any person other than such a licensee or permittee (currently, who the distributor knows or has reasonable cause to believe does not reside in the same State or who is a resident of the State where distribution is made and in which the licensee is licensed to do business or a State contiguous thereto if permitted by the law of the State of the purchaser's residence). Directs the Secretary of the Treasury to: (1) promulgate final regulations with respect to such provisions within 180 days; and (2) notify the States, upon promulgation of final regulations, so the States may consider legislation to amend relevant State laws relating to explosives. Prohibits a licensed importer, manufacturer, or dealer from transferring explosive materials to a permittee unless: (1) before the completion of the transfer, the licensee contacts the national instant criminal background check system established under the Brady Handgun Violence Prevention Act; (2) either the system provides the licensee with a unique identification number or five days (on which State offices are open) have elapsed since the licensee contacted the system and the system has not notified the licensee that the receipt of explosive materials by the transferee would violate Federal law; (3) the transferor has verified the identity of the transferee by examining a valid identification document of the transferee containing a photograph of the transferee; and (4) the transferor has examined the permit issued to the transferee and recorded the permit number on the record of the transfer. Requires the system to assign a unique identification number to the transfer and provide the licensee with the number if receipt of explosive materials would not violate code provisions or State law. Makes this prohibition inapplicable in certain cases based on impracticability. Sets forth provisions regarding: (1) penalties for prohibition violations; (2) immunity from liability for governments and government employees responsible for providing information to the system; (3) information to be supplied to individuals determined to be ineligible to receive explosive materials; and (4) the remedy for erroneous denial of explosive materials. Requires applications for explosive materials licenses and user permits to include fingerprints and a photograph of each applicant. Modifies the fee amount that the Secretary may set for licenses and permits. Sets penalties for violation of background check provisions of this Act.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural Housing Opportunity and Enhancement Act of 2005''. SEC. 2. GUARANTEES FOR RURAL HOUSING LOANS. (a) Income Limitation.-- (1) In general.--Section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)) is amended-- (A) by striking paragraph (3); and (B) in paragraph (11), by striking `` for low and moderate income families''. (2) Repeal.--Section 751 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1472 note) is hereby repealed: (b) Guarantee Fee.-- (1) In general.--Section 502(h)(8) of the Housing Act of 1949 is amended by striking ``not more than 1 percent'' and inserting ``0.9 percent''. (2) Repeals.--The following provisions are hereby repealed: (A) Section 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (42 U.S.C. 1472 note). (B) Section 726 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2005 (118 Stat. 2842). (c) Repayment Ability.--Section 502(h) of the Housing Act of 1949 is amended by inserting after paragraph (2) the following new paragraph: ``(3) Eligibility of borrowers.--Any regulations of the Secretary limiting eligibility of borrowers for loans guaranteed pursuant to this subsection based upon the ratio between the debt and income of the borrower shall provide for a higher income-to-debt ratio with respect to loans for newly constructed properties''. SEC. 3. GUARANTEES FOR REFINANCING LOANS. Section 502(h)(14) of the Housing Act of 1949 (42 U.S.C. 1472(h)(13)) is amended as follows: (1) Guarantee fee.-- (A) In subparagraph (A), by striking ``(F)'' and inserting ``(I)'' (B) In subparagraph (E), by striking ``(8),''. (C) By redesignating subparagraphs (E) and (F) as subparagraphs (H) and (I), respectively. (D) By inserting after subparagraph (D) the following new subparagraph: ``(E) Guarantee fee.--With respect to a refinancing loan under this paragraph, the Secretary may collect from the lender at the time of issuance of the guarantee a fee equal to 0.5 percent of the principal obligation of the loan.''. (2) Refinancing other types of mortgages.--In subparagraph (A)-- (A) by inserting ``(i)'' before ``under this section''; and (B) by inserting before the last comma the following: ``, or (ii) to acquire or construct a single-family residence that meets the requirements of paragraph (4)''. (3) Loan amount.--In subparagraph (D), by striking ``and such closing costs'' and all that follows through ``prescribe'' and inserting the following: ``and closing costs, which shall include amounts paid as an origination fee, but not in excess of 1 percent of the principal obligation of the loan, amounts paid as a discount fee, but not in excess of 200 basis points, any amounts required to be paid into escrow upon loan origination, and such other closing costs as the Secretary may prescribe''. (4) Elimination of income restriction.--In subparagraph (H), as so redesignated by paragraph (1)(B) of this section, by striking ``(3),''. (5) Loan requirements.--By inserting before subparagraph (H), as so redesignated by paragraph (1)(B) of this section, the following new subparagraphs: ``(F) Prohibited loan terms.--The Secretary may not require, for a refinancing loan to be eligible for a guarantee under this paragraph-- ``(i) that an appraisal credit report or underwriting be conducted in connection with the loan; or ``(ii) in the case of a loan described in clause (i) of subparagraph (A), that the residence in connection with which the loan is made be located in a rural area. ``(G) Required loan terms.--The Secretary shall require, for a refinancing loan to be eligible for a guarantee under this paragraph, that-- ``(i) the borrower is not delinquent with respect to payment of the existing loan being refinanced; and ``(ii) the monthly payments required by the borrower under the refinancing loan be at least $50 less than the monthly payments so required under the existing loan being refinanced.''. SEC. 4. RECORDING OF LOANS. Section 501 of the Housing Act of 1949 (42 U.S.C. 1471) is amended by adding at the end the following new subsection: ``(k) Recording Requirements.--The Secretary shall provide that each loan made, insured, or guaranteed under this title shall be recorded, in accordance with any applicable State and local laws requiring recordation of loans, as a loan made, insured, or guaranteed (as appropriate) by the Department of Agriculture, and not as a conventional loan.''. SEC. 5. RURAL AREA DEFINITION. Clause (3) of the first sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended by striking ``and (A)'' and all that follows through ``moderate-income families,''. SEC. 6. INCOME LIMITATION FOR DIRECT LOANS. The first sentence of paragraph (4) of section 501(b) of the Housing Act of 1949 (42 U.S.C. 1471(b)(4)) is amended by inserting before the period at the end the following: ``, except that in determining such respective levels for purposes of direct loans made under section 502, section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2)) shall be applied by substituting `150 percent' for `80 per centum' each place such term appears and by substituting `93.75 percent' for `50 per centum' each place such term appears''.
Rural Housing Opportunity and Enhancement Act of 2005 - Amends the Doug Bereuter Section 502 Single Family Housing Loan Guarantee Act of the Housing Act of 1949 with respect to the single family rural housing loan guarantee program to: (1) eliminate low and moderate income eligibility requirements; (2) reduce maximum guarantee fees paid by lenders; and (3) require any regulation limiting borrower eligibility based upon the borrower's debt-income ratio to provide for a higher income-to-debt ratio for newly-constructed property loans. Revises refinancing loan guarantee provisions to: (1) authorize a specified lender guarantee fee; (2) permit a guarantee to acquire or construct an eligible single-family residence; (3) amend closing cost provisions; (4) eliminate income requirements; (5) prohibit that an appraisal credit report be required in connection with the loan, or that the residence be in a rural area for an existing loan; and (6) require that the borrower is not delinquent with respect to existing loan payments, and that monthly refinance payments be at least $50 less than existing monthly payments. Requires agricultural housing loans to be recorded as Department of Agriculture, rather than conventional, loans. Revises the definition of "rural area." Increases direct loan income limitations.
{"src": "billsum_train", "title": "To amend section 502(h) of the Housing Act of 1949 to improve the rural housing loan guarantee program, and for other purposes."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Ratepayer Protection Act of 2015''. SEC. 2. EXTENDING COMPLIANCE DATES OF RULES ADDRESSING CARBON DIOXIDE EMISSIONS FROM EXISTING POWER PLANTS PENDING JUDICIAL REVIEW. (a) Extension of Compliance Dates.-- (1) Extension.--Each compliance date of any final rule described in subsection (b) is deemed to be extended by the time period equal to the time period described in subsection (c). (2) Definition.--In this subsection, the term ``compliance date''-- (A) means, with respect to any requirement of a final rule described in subsection (b), the date by which any State, local, or tribal government or other person is first required to comply; and (B) includes the date by which State plans are required to be submitted to the Environmental Protection Agency under any such final rule. (b) Final Rules Described.--A final rule described in this subsection is any final rule to address carbon dioxide emissions from existing sources that are fossil fuel-fired electric utility generating units under section 111(d) of the Clean Air Act (42 U.S.C. 7411(d)), including any final rule that succeeds-- (1) the proposed rule entitled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units'' published at 79 Fed. Reg. 34830 (June 18, 2014); or (2) the supplemental proposed rule entitled ``Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi- Jurisdictional Partnerships'' published at 79 Fed. Reg. 65482 (November 4, 2014). (c) Period Described.--The time period described in this subsection is the period of days that-- (1) begins on the date that is 60 days after the day on which notice of promulgation of a final rule described in subsection (b) appears in the Federal Register; and (2) ends on the date on which judgment becomes final, and no longer subject to further appeal or review, in all actions (including actions that are filed pursuant to section 307 of the Clean Air Act (42 U.S.C. 7607))-- (A) that are filed during the 60 days described in paragraph (1); and (B) that seek review of any aspect of such rule. (d) Sense of Congress.--The Congress encourages the Administrator of the Environmental Protection Agency, in promulgating, implementing, or enforcing any final rule described in subsection (b), to specifically address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into State and Federal implementation plans adopted pursuant to any such final rule. SEC. 3. RATEPAYER PROTECTION. (a) Effects of Plans.--No State shall be required to adopt or submit a State plan, and no State or entity within a State shall become subject to a Federal plan, pursuant to any final rule described in section 2(b), if the Governor of such State makes a determination, and notifies the Administrator of the Environmental Protection Agency, that implementation of the State or Federal plan would-- (1) have a significant adverse effect on the State's residential, commercial, or industrial ratepayers, taking into account-- (A) rate increases that would be necessary to implement, or are associated with, the State or Federal plan; and (B) other rate increases that have been or are anticipated to be necessary to implement, or are associated with, other Federal or State environmental requirements; or (2) have a significant adverse effect on the reliability of the State's electricity system, taking into account the effects on the State's-- (A) existing and planned generation and retirements; (B) existing and planned transmission and distribution infrastructure; and (C) projected electricity demands. (b) Consultation.--In making a determination under subsection (a), the Governor of a State shall consult with-- (1) the public utility commission or public service commission of the State; (2) the environmental protection, public health, and economic development departments or agencies of the State; and (3) the Electric Reliability Organization (as defined in section 215 of the Federal Power Act (16 U.S.C. 824o)). SEC. 4. TREATMENT OF HYDROPOWER AS RENEWABLE ENERGY. In issuing, implementing, and enforcing any final rule described in section 2(b), the Administrator of the Environmental Protection Agency shall treat hydropower as renewable energy. Passed the House of Representatives June 24, 2015. Attest: KAREN L. HAAS, Clerk.
Ratepayer Protection Act of 2015 (Sec. 2) This bill extends compliance deadlines for rules under the Clean Air Act that address carbon dioxide emissions from existing fossil fuel-fired power plants pending final judicial review. This extension applies to any final rule that succeeds either: the proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units"; or the supplemental proposed rule entitled "Carbon Pollution Emission Guidelines for Existing Stationary Sources: EGUs in Indian Country and U.S. Territories; Multi-Jurisdictional Partnerships." The extension period begins 60 days after the notice of promulgation of a final rule appears in the Federal Register and ends when the rule is no longer subject to judicial appeal or review. The bill urges the Environmental Protection Agency (EPA), in promulgating, implementing, or enforcing the rules, to address how the megawatt hours discharged from a pumped hydroelectric storage system will be incorporated into implementation plans adopted pursuant to the rules. (Sec. 3) A state is not required to submit or follow an implementation plan that addresses carbon dioxide emissions from existing power plants if it determines that the plan would have a significant adverse effect on: (1) the state's residential, commercial, or industrial ratepayers; or (2) the reliability of the state's electricity system. (Sec. 4) The EPA must treat hydropower as renewable energy when implementing or enforcing the rules.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Long-Term Care Affordability and Security Act of 2009''. SEC. 2. TREATMENT OF PREMIUMS ON QUALIFIED LONG-TERM CARE INSURANCE CONTRACTS. (a) In General.-- (1) Cafeteria plans.--The last sentence of section 125(f) of the Internal Revenue Code of 1986 (defining qualified benefits) is amended by inserting before the period at the end ``; except that such term shall include the payment of premiums for any qualified long-term care insurance contract (as defined in section 7702B) to the extent the amount of such payment does not exceed the eligible long-term care premiums (as defined in section 213(d)(10)) for such contract''. (2) Flexible spending arrangements.--Section 106 of such Code (relating to contributions by an employer to accident and health plans) is amended by striking subsection (c) and redesignating subsection (d) as subsection (c). (b) Conforming Amendments.-- (1) Section 6041 of such Code is amended by adding at the end the following new subsection: ``(h) Flexible Spending Arrangement Defined.--For purposes of this section, a flexible spending arrangement is a benefit program which provides employees with coverage under which-- ``(1) specified incurred expenses may be reimbursed (subject to reimbursement maximums and other reasonable conditions), and ``(2) the maximum amount of reimbursement which is reasonably available to a participant for such coverage is less than 500 percent of the value of such coverage. In the case of an insured plan, the maximum amount reasonably available shall be determined on the basis of the underlying coverage.''. (2) The following sections of such Code are each amended by striking ``section 106(d)'' and inserting ``section 106(c)'': sections 223(b)(4)(B), 223(d)(4)(C), 223(f)(3)(B), 3231(e)(11), 3306(b)(18), 3401(a)(22), 4973(g)(1), and 4973(g)(2)(B)(i). (3) Section 6041(f)(1) of such Code is amended by striking ``(as defined in section 106(c)(2))''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. ADDITIONAL CONSUMER PROTECTIONS FOR LONG-TERM CARE INSURANCE. (a) Additional Protections Applicable to Long-Term Care Insurance.--Subparagraphs (A) and (B) of section 7702B(g)(2) of the Internal Revenue Code of 1986 (relating to requirements of model regulation and Act) are amended to read as follows: ``(A) In general.--The requirements of this paragraph are met with respect to any contract if such contract meets-- ``(i) Model regulation.--The following requirements of the model regulation: ``(I) Section 6A (relating to guaranteed renewal or noncancellability), other than paragraph (5) thereof, and the requirements of section 6B of the model Act relating to such section 6A. ``(II) Section 6B (relating to prohibitions on limitations and exclusions) other than paragraph (7) thereof. ``(III) Section 6C (relating to extension of benefits). ``(IV) Section 6D (relating to continuation or conversion of coverage). ``(V) Section 6E (relating to discontinuance and replacement of policies). ``(VI) Section 7 (relating to unintentional lapse). ``(VII) Section 8 (relating to disclosure), other than sections 8F, 8G, 8H, and 8I thereof. ``(VIII) Section 11 (relating to prohibitions against post-claims underwriting). ``(IX) Section 12 (relating to minimum standards). ``(X) Section 13 (relating to requirement to offer inflation protection). ``(XI) Section 25 (relating to prohibition against preexisting conditions and probationary periods in replacement policies or certificates). ``(XII) The provisions of section 28 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection. ``(ii) Model act.--The following requirements of the model Act: ``(I) Section 6C (relating to preexisting conditions). ``(II) Section 6D (relating to prior hospitalization). ``(III) The provisions of section 8 relating to contingent nonforfeiture benefits, if the policyholder declines the offer of a nonforfeiture provision described in paragraph (4) of this subsection. ``(B) Definitions.--For purposes of this paragraph-- ``(i) Model regulation.--The term `model regulation' means the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006). ``(ii) Model act.--The term `model Act' means the long-term care insurance model Act promulgated by the National Association of Insurance Commissioners (as adopted as of December 2006). ``(iii) Coordination.--Any provision of the model regulation or model Act listed under clause (i) or (ii) of subparagraph (A) shall be treated as including any other provision of such regulation or Act necessary to implement the provision. ``(iv) Determination.--For purposes of this section and section 4980C, the determination of whether any requirement of a model regulation or the model Act has been met shall be made by the Secretary.''. (b) Excise Tax.--Paragraph (1) of section 4980C(c) of the Internal Revenue Code of 1986 (relating to requirements of model provisions) is amended to read as follows: ``(1) Requirements of model provisions.-- ``(A) Model regulation.--The following requirements of the model regulation must be met: ``(i) Section 9 (relating to required disclosure of rating practices to consumer). ``(ii) Section 14 (relating to application forms and replacement coverage). ``(iii) Section 15 (relating to reporting requirements). ``(iv) Section 22 (relating to filing requirements for marketing). ``(v) Section 23 (relating to standards for marketing), including inaccurate completion of medical histories, other than paragraphs (1), (6), and (9) of section 23C. ``(vi) Section 24 (relating to suitability). ``(vii) Section 27 (relating to the right to reduce coverage and lower premiums). ``(viii) Section 31 (relating to standard format outline of coverage). ``(ix) Section 32 (relating to requirement to deliver shopper's guide). The requirements referred to in clause (vi) shall not include those portions of the personal worksheet described in Appendix B relating to consumer protection requirements not imposed by section 4980C or 7702B. ``(B) Model act.--The following requirements of the model Act must be met: ``(i) Section 6F (relating to right to return). ``(ii) Section 6G (relating to outline of coverage). ``(iii) Section 6H (relating to requirements for certificates under group plans). ``(iv) Section 6J (relating to policy summary). ``(v) Section 6K (relating to monthly reports on accelerated death benefits). ``(vi) Section 7 (relating to incontestability period). ``(vii) Section 9 (relating to producer training requirements). ``(C) Definitions.--For purposes of this paragraph, the terms `model regulation' and `model Act' have the meanings given such terms by section 7702B(g)(2)(B).''. (c) Effective Date.--The amendments made by this section shall apply to policies issued more than 1 year after the date of the enactment of this Act.
Long-Term Care Affordability and Security Act of 2009 - Amends the Internal Revenue Code to: (1) include long-term care insurance as a benefit under tax-exempt employee benefit cafeteria plans and flexible spending arrangements; and (2) extend certain consumer protections under the long-term care insurance model regulation promulgated by the National Association of Insurance Commissioners to all contracts for long-term care insurance.
{"src": "billsum_train", "title": "To amend the Internal Revenue Code of 1986 to allow long-term care insurance to be offered under cafeteria plans and flexible spending arrangements and to provide additional consumer protections for long-term care insurance."}
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Postmasters Fairness and Rights Act''. SEC. 2. POSTMASTERS TO BE COVERED BY AGREEMENTS RELATING TO PAY POLICIES AND SCHEDULES AND FRINGE BENEFIT PROGRAMS. Section 1004 of title 39, United States Code, is amended by redesignating subsections (g) and (h) as subsections (i) and (j), respectively, and by inserting after subsection (f) the following: ``(g)(1) The Postal Service shall, within 45 days of each date on which an agreement is reached on a collective bargaining agreement between the Postal Service and the bargaining representative recognized under section 1203 which represents the largest number of employees, make a proposal for any changes in pay policies and schedules and fringe benefit programs for postmasters which are to be in effect during the same period as covered by such agreement. ``(2) The Postal Service and the postmasters' organization (or, if more than 1, all postmasters' organizations) shall strive to resolve any differences concerning the proposal described in paragraph (1). ``(3) If, within 60 days following the submission of the proposal, the Postal Service and the postmasters' organization (or organizations) are unable to reach agreement, either the Postal Service or the postmasters' organization (or organizations jointly) shall have the right to refer the dispute to an arbitration board established under paragraph (4). ``(4) An arbitration board shall be established to consider and decide a dispute arising under paragraph (3) and shall consist of 3 members, 1 of whom shall be selected by the Postal Service, 1 by the postmasters' organization (or organizations jointly), and the third by the 2 thus selected. If either the Postal Service or the postmasters' organization (or organizations) fail to select a member within 30 days after the dispute is referred to an arbitration board under this subsection, or if the members chosen fail to agree on the third person within 5 days after their first meeting, the selection shall be made by the Director of the Federal Mediation and Conciliation Service. ``(5) The arbitration board shall give the parties a full and fair hearing, including an opportunity for each party to present evidence in support of its claims and an opportunity to present its case in person, by counsel, or by such other representative as such party may elect. Decisions by the arbitration board shall be conclusive and binding upon the parties. The arbitration board shall render its decision within 45 days after its appointment. ``(6) Costs of the arbitration board shall be shared equally by the Postal Service and the postmasters' organization (or organizations), with the Postal Service to be responsible for one-half of those costs and the postmasters' organization (or organizations) to be responsible for the remainder. ``(7) Nothing in this subsection shall be considered to affect the application of section 1005.''. SEC. 3. RIGHT OF POSTMASTERS' ORGANIZATIONS TO PARTICIPATE IN PLANNING AND DEVELOPMENT OF PROGRAMS. The second sentence of section 1004(b) of title 39, United States Code, is amended by striking ``or that a managerial organization (other than an organization representing supervisors) represents a substantial percentage of managerial employees,'' and inserting ``or that a managerial organization (other than an organization representing supervisors or postmasters) represents a substantial percentage of managerial employees, or that an organization qualifies as a postmasters' organization,''. SEC. 4. POSTMASTERS AND POSTMASTERS' ORGANIZATION DEFINED. Subsection (i) of section 1004 of title 39, United States Code, as so redesignated by section 2, is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting a semicolon, and by adding at the end the following: ``(3) `postmaster' means an individual who manages, with or without the assistance of subordinate managers or supervisors, the operations of a post office; and ``(4) `postmasters' organization' means, with respect to a year, any organization of postmasters whose membership as of June 30th of the preceding year included not less than 20 percent of all individuals employed as postmasters as of that date.''. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 1001(e) of title 39, United States Code, is amended (in the matter before paragraph (1)) by inserting ``agreements under section 1004(g),'' after ``regulations,''. (b) Section 1003(a) of title 39, United States Code, is amended in the first sentence by inserting ``section 1004(g) of this title,'' before ``section 8G''. SEC. 6. EFFECTIVE DATE. The amendments made by this Act shall take effect after the end of the 90-day period beginning on the date of enactment of this Act.
Grants certain qualified postmasters' organizations the right to participate in program planning and development pertaining to pay policies, schedules, and fringe benefits.
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SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2105''. SEC. 2. FINDINGS. Congress finds that-- (1) some individuals have announced that they will continue attempts to clone human beings using the technique known as somatic cell nuclear transfer already used with limited success in sheep and other animals; (2) nearly all scientists agree that such attempts pose a massive risk of producing children who are stillborn, unhealthy, or severely disabled, and considered opinion is virtually unanimous that such attempts are therefore grossly irresponsible and unethical; (3) efforts to create human beings by cloning mark a new and decisive step toward turning human reproduction into a manufacturing process in which children are made in laboratories to preordained specifications and, potentially, in multiple copies; (4) because it is an asexual form of reproduction, cloning confounds the meaning of ``father'' and ``mother'' and confuses the identity and kinship relations of any cloned child, and thus threatens to weaken existing notions regarding who bears which parental duties and responsibilities for children; (5) because cloning requires no personal involvement by the person whose genetic material is used, cloning could easily be used to reproduce living or deceased persons without their consent; (6) creating cloned live-born human children (sometimes called ``reproductive cloning'') necessarily begins by creating cloned human embryos, a process which some also propose as a way to create embryos for research or as sources of cells and tissues for possible treatment of other humans; (7) the prospect of creating new human life solely to be exploited and destroyed in this way has been condemned on moral grounds by many, including supporters of a right to abortion, as displaying a profound disrespect for life, and recent scientific advances with adult stem cells indicate that there are fruitful and morally unproblematic alternatives to this approach; (8) in order to be effective, a ban on human cloning must stop the cloning process at the beginning because-- (A) cloning would take place within the privacy of a doctor-patient relationship; (B) the transfer of embryos to begin a pregnancy is a simple procedure; and (C) any government effort to prevent the transfer of an existing embryo, or to prevent birth once the transfer has occurred, would raise substantial moral, legal, and practical issues, so that it will be nearly impossible to prevent attempts at ``reproductive cloning'' once cloned human embryos are available in the laboratory; (9) the scientifically and medically useful practices of cloning of DNA fragments, known as molecular cloning, the duplication of somatic cells (or stem cells) in tissue culture, known as cell cloning, and whole-organism or embryo cloning of nonhuman animals are appropriate uses of medical technology; (10) in the preamble to the 1998 Additional Protocol on the Prohibition of Cloning Human Beings the Council of Europe agreed that ``the instrumentalisation of human beings through the deliberate creation of genetically identical human beings is contrary to human dignity and thus constitutes a misuse of biology and medicine''; (11) collaborative efforts to perform human cloning are conducted in ways that affect interstate and even international commerce, and the legal status of cloning will have a great impact on how biotechnology companies direct their resources for research and development; (12) at least 23 countries have banned all human cloning, including Canada, France, and Germany; (13) the United Nations has passed a declaration calling for all human cloning to be banned by member nations; and (14) cloned human embryos have been created in a few cases, to be destroyed to extract embryonic stem cells; these few successes substantially increase the risk for exploitation of women for human eggs needed to create clones, and continued experimentation makes it more likely that there will be attempts to gestate cloned human embryos to birth. SEC. 3. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15 the following: ``CHAPTER 16--HUMAN CLONING ``Sec. ``301. Definitions. ``302. Prohibition on human cloning. ``Sec. 301. Definitions ``In this chapter: ``(1) Human cloning.--The term `human cloning' means human asexual reproduction, accomplished by introducing the nuclear material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has been removed or inactivated to produce a living organism (at any stage of development) with a human or predominantly human genetic constitution. ``(2) Somatic cell.--The term `somatic cell' means a diploid cell (having a complete set of chromosomes) obtained or derived from a living or deceased human body at any stage of development. ``Sec. 302. Prohibition on human cloning ``(a) In General.--It shall be unlawful for any person or entity, public or private, in or affecting interstate commerce-- ``(1) to perform or attempt to perform human cloning; ``(2) to participate in an attempt to perform human cloning; or ``(3) to ship or receive the product of human cloning for any purpose. ``(b) Importation.--It shall be unlawful for any person or entity, public or private, to import the product of human cloning for any purpose. ``(c) Penalties.-- ``(1) In general.--Any person or entity that is convicted of violating any provision of this section shall be fined under this section or imprisoned not more than 10 years, or both. ``(2) Civil penalty.--Any person or entity that is convicted of violating any provision of this section shall be subject to, in the case of a violation that involves the derivation of a pecuniary gain, a civil penalty of not less than $1,000,000 and not more than an amount equal to the amount of the gross gain multiplied by 2, if that amount is greater than $1,000,000. ``(d) Scientific Research.--Nothing in this section shall restrict areas of scientific research not specifically prohibited by this section, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.''. (b) Clerical Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 15 the following: ``16. Human Cloning......................................... 301''.
Human Cloning Prohibition Act of 2105 This bill amends the federal criminal code to prohibit human cloning for reproductive and research purposes. Specifically, the bill makes it a crime for any public or private person or entity to: perform, attempt to perform, or participate in an attempt to perform human cloning; or ship, receive, or import a product of human cloning for any purpose. It defines "human cloning" as asexual reproduction by replacing a fertilized or unfertilized egg nucleus with a human somatic (body) cell nucleus to produce a living organism with a human or predominantly human genetic constitution. A person or entity convicted of a human cloning offense is subject to a fine, up to 10 years in prison, or both. A person or entity who profits from such offense is also subject to a civil penalty of at least $1,000,000. This bill does not restrict scientific research using nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
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