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SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF FACILITIES TO NONPROFIT ORGANIZATIONS. (a) Definitions.--In this section: (1) Business entity.--The term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (2) Facility.--The term ``facility'' means any real property, including any building, improvement, or appurtenance. (3) Gross negligence.--The term ``gross negligence'' means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-being of another person. (4) Intentional misconduct.--The term ``intentional misconduct'' means conduct by a person with knowledge (at the time of the conduct) that the conduct is harmful to the health or well-being of another person. (5) Nonprofit organization.--The term ``nonprofit organization'' means-- (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; or (B) any not-for-profit organization organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes. (6) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (b) Limitation on Liability.-- (1) In general.--Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a nonprofit organization if-- (A) the use occurs outside of the scope of business of the business entity; (B) such injury or death occurs during a period that such facility is used by the nonprofit organization; and (C) the business entity authorized the use of such facility by the nonprofit organization. (2) Application.--This subsection shall apply-- (A) with respect to civil liability under Federal and State law; and (B) regardless of whether a nonprofit organization pays for the use of a facility. (c) Exception for Liability.--Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including any misconduct that-- (1) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (2) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (3) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; or (4) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law. (d) Superseding Provision.-- (1) In general.--Subject to paragraph (2) and subsection (e), this Act preempts the laws of any State to the extent that such laws are inconsistent with this Act, except that this Act shall not preempt any State law that provides additional protection from liability for a business entity for an injury or death with respect to which conditions under subparagraphs (A) through (C) of subsection (b)(1) apply. (2) Limitation.--Nothing in this Act shall be construed to supersede any Federal or State health or safety law. (e) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State if such State enacts a statute-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply to such civil action in the State; and (3) containing no other provision. | Shields a business entity from civil liability relating to any injury or death occurring at a facility of that entity in connection with a use of such facility by a nonprofit organization if: (1) the use occurs outside the scope of business of the business entity; (2) such injury or death occurs during a period that such facility is used by such organization; and (3) the business entity authorized the use of such facility by the organization. Makes this Act inapplicable to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct, including misconduct that: (1) constitutes a hate crime or a crime of violence or act of international terrorism for which the defendant has been convicted in any court; or (2) involves a sexual offense for which the defendant has been convicted in any court or misconduct for which the defendant has been found to have violated a Federal or State civil rights law. Preempts State laws to the extent that such laws are inconsistent with this Act, except State law that provides additional protection from liability. Specifies that this Act shall not be construed to supersede any Federal or State health or safety law. Makes this Act inapplicable to any civil action in a State court against a business entity in which all parties are citizens of the State if such State, citing this Act's authority and containing no other provision, enacts a statute declaring the State's election that this Act shall not apply to such action in the State. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Information Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The people of the United States consider the national and international protection and promotion of human rights and the rule of law the most important values of any democracy. The founding fathers defined human rights prominently in the Bill of Rights, giving those rights a special priority and protection in the Constitution. (2) Federal agencies are in possession of documents pertaining to gross human rights violations abroad which are needed by foreign authorities to document, investigate, and subsequently prosecute instances of continued and systematic gross human rights violations, including those directed against citizens of the United States. (3) The United States will continue to receive requests from foreign authorities for legal assistance regarding human rights violations, including the declassification of documents. In addition to requests by Guatemala and Honduras, a Spanish court magistrate, Baltasar Garzon, recently requested from the United States information on General Augusto Pinochet. Currently, the United States responds to declassification requests by following procedures outlined in Presidential directives and executive orders. The overwhelming interest of the United States in the protection and promotion of human rights nationally and internationally requires a significant strengthening of existing declassification procedures, including section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''). (4) The expedient declassification of human rights documents in full compliance with United States security interests according to the procedures outlined in this Act will protect global human rights by strengthening the rule of law internationally, creating a crucial level of accountability of Federal agencies, and will result in significant saving of Government resources. (5) The commitment to the promotion and protection of human rights and democracy around the world has led the United States to undertake tremendous diplomatic, economic, and military efforts to end systematic gross human rights violations abroad, consistent with the national interests and international leadership role of the United States. In addition, countless humanitarian United States nongovernmental organizations and citizens of the United States promote human rights and democracy in foreign countries. These efforts are thwarted if the cycle of impunity for human rights violations is not broken in those countries, and the likelihood of the need for renewed United States engagements in those areas remains. (6) The United States therefore has a significant interest that newly established or reestablished democratic societies take credible steps to fully investigate and prosecute human rights violations. These steps can include the creation of a national or international truth commission or tribunal, the appointment of a human rights officer, or official national investigations led by credible sections of the civil society, including churches and nongovernmental organizations. (7) The United States has long provided international leadership to end impunity for gross human rights violations and to promote the rule of law around the world by establishing and supporting the Nuremberg and Tokyo War Crimes Tribunal; in addition, the United States has actively participated in, among others, the International War Crimes Tribunals on the former Yugoslavia and Rwanda. (8) The United States has ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which in article 9 obligates parties to ``afford one another the greatest measure of assistance in connection with criminal proceedings brought in respect of any [acts of, attempts of, or complicity in acts of torture], including the supply of all evidence at their disposal necessary for the proceedings.'' In addition, as a member State of the Organization of American States, the United States should seek to follow the December 8, 1998, recommendation of the Inter-American Commission on Human Rights ``that member States of the Organization of American States adopt legislative and such other measures as may be necessary to effectuate the right of free access to information in files and documents in the power of the State, particularly in cases of investigations to establish criminal responsibility for international crimes and serious violations of human rights.'' (9) The Guatemalan peace accords, which the Government of the United States firmly supports, included as an important and vital component an investigation and a report by the Commission for the Historical Clarification of Human Rights Violations and Acts of Violence which have Caused Suffering to the Guatemalan People (referred to in this Act as the ``Clarification Commission''). Despite the conclusion of this investigation, many questions, including the identity of perpetrators of human rights violations as well as the location of bodies of the ``disappeared'', remain unanswered. The Clarification Commission explicitly recommended that ``all available legal and material resources should be utilized [by the Guatemalan Government] to clarify the whereabouts of the disappeared and, in the case of death, to deliver the remains to the relatives.'' (10) Two days after presenting a parallel investigation, ``Guatemala: Never Again'', by the Historical Memory Recovery Project by the Archbishop of Guatemala, the director of the project, Bishop Juan Jose Gerardi, was assassinated. (11) President Clinton stated in Guatemala on March 10, 1999, that ``[f]or the United States, it is important that I state clearly that support for military forces or intelligence units which engaged in violent and widespread repression of the kind described in the report [by the Clarification Commission] was wrong, and the United States must not repeat that mistake. We must, and we will, instead, continue to support the peace and reconciliation process in Guatemala.'' (12) The National Commissioner for the Protection of Human Rights in the Republic of Honduras has been requesting documentation of the United States on human rights violations in Honduras since November 15, 1993. The Commissioner's request has been partly fulfilled, but aspects of it are still pending. SEC. 3. DEFINITIONS. In this Act: (1) Human rights record.--The term ``human rights record'' means a record in the possession, custody, or control of the United States Government containing information about gross violations of internationally recognized human rights committed after 1944. (2) Agency.--The term ``agency'' means any agency of the United States Government charged with the conduct of foreign policy or foreign intelligence, including, but not limited to, the Department of State, the Agency for International Development, the Department of Defense (and all of its components), the Central Intelligence Agency, the National Reconnaissance Office, the Department of Justice (and all of its components), the National Security Council, and the Executive Office of the President. (3) Gross violations of internationally recognized human rights.--The term ``gross violations of internationally recognized human rights'' has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)). SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC DISCLOSURE OF HUMAN RIGHTS RECORDS REGARDING GUATEMALA AND HONDURAS. (a) In General.--Notwithstanding any other provision of law, the provisions of this Act shall govern the declassification and public disclosure of human rights records by agencies. (b) Identification of Records.--Not later than 120 days after the date of enactment of this Act, each agency shall identify, review, and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for the purpose of declassifying and disclosing the records to the public. Except as provided in section 5, all records described in the preceding sentence shall be made available to the public not later than 30 days after a review under this section is completed. (c) Report to Congress.--Not later than 150 days after the date of enactment of this Act, the President shall report to Congress regarding each agency's compliance with the provisions of this Act. SEC. 5. GROUNDS FOR POSTPONEMENT OF PUBLIC DISCLOSURE OF RECORDS. (a) In General.--An agency may postpone public disclosure of a human rights record or particular information in a human rights record only if the agency determines that there is clear and convincing evidence that-- (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States raised by public disclosure of the human rights record is of such gravity that it outweighs the public interest, and such public disclosure would reveal-- (A) an intelligence agent whose identity currently requires protection; (B) an intelligence source or method-- (i) which is being utilized, or reasonably expected to be utilized, by the United States Government; (ii) which has not been officially disclosed; and (iii) the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the human rights record would reveal the name or identity of a living individual who provided confidential information to the United States and would pose a substantial risk of harm to that individual; (3) the public disclosure of the human rights record could reasonably be expected to constitute an unwarranted invasion of personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the human rights record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. (b) Special Treatment of Certain Information.--It shall not be grounds for postponement of disclosure of a human rights record that an individual named in the human rights record was an intelligence asset of the United States Government, although the existence of such relationship may be withheld if the criteria set forth in subsection (a) are met. For purposes of the preceding sentence, the term an ``intelligence asset'' means a covert agent as defined in section 606(4) of the National Security Act of 1947 (50 U.S.C. 426(4)). SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS FROM OFFICIAL ENTITIES IN OTHER COUNTRIES. In the event that an agency of the United States receives a request for human rights records from an entity created by the United Nations, the Organization of American States or a similar entity, a national truth commission or entity of similar nature, or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, the agency shall conduct a review of records as described in section 4 and shall declassify and publicly disclose such records in accordance with the standards and procedures set forth in this Act. SEC. 7. REVIEW OF DECISIONS TO WITHHOLD RECORDS. (a) Duties of the Appeals Panel.--The Interagency Security Classification Appeals Panel or any other entity subsequently established by law or Executive order and charged with carrying out the functions currently carried out by such Panel (referred to in this Act as the ``Appeals Panel'') shall review all determinations by an agency to postpone public disclosure of any human rights record. (b) Determinations of the Appeals Panel.-- (1) In general.--The Appeals Panel shall direct that all human rights records be disclosed to the public, unless the Appeals Panel determines that there is clear and convincing evidence that-- (A) the record is not a human rights record; or (B) the human rights record or particular information in the human rights record qualifies for postponement of disclosure pursuant to section 5. (2) Treatment in cases of nondisclosure.--If the Appeals Panel concurs with an agency decision to postpone disclosure of a human rights record, the Appeals Panel shall determine, in consultation with the originating agency and consistent with the standards set forth in this Act, which, if any, of the alternative forms of disclosure described in paragraph (3) shall be made by the agency. (3) Alternative forms of disclosure.--The forms of disclosure described in this paragraph are as follows: (A) Disclosure of any reasonably segregable portion of the human rights record after deletion of the portions described in paragraph (1). (B) Disclosure of a record that is a substitute for information which is not disclosed. (C) Disclosure of a summary of the information contained in the human rights record. (4) Notification of determination.-- (A) In general.--Upon completion of its review, the Appeals Panel shall notify the head of the agency in control or possession of the human rights record that was the subject of the review of its determination and shall, not later than 14 days after the determination, publish the determination in the Federal Register. (B) Notice to president.--The Appeals Panel shall notify the President of its determination. The notice shall contain a written unclassified justification for its determination, including an explanation of the application of the standards contained in section 5. (5) General procedures.--The Appeals Panel shall publish in the Federal Register guidelines regarding its policy and procedures for adjudicating appeals. (c) Presidential Authority Over Appeals Panel Determination.-- (1) Public disclosure or postponement of disclosure.--The President shall have the sole and nondelegable authority to review any determination of the Appeals Panel under this Act, and such review shall be based on the standards set forth in section 5. Not later than 30 days after the Appeals Panel's determination and notification to the agency pursuant to subsection (b)(4), the President shall provide the Appeals Panel with an unclassified written certification specifying the President's decision and stating the reasons for the decision, including in the case of a determination to postpone disclosure, the standards set forth in section 5 which are the basis for the President's determination. (2) Record of presidential postponement.--The Appeals Panel shall, upon receipt of the President's determination, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to the postponement of disclosure of a human rights record. SEC. 8. REPORT REGARDING OTHER HUMAN RIGHTS RECORDS. Upon completion of the review and disclosure of the human rights records relating to Guatemala and Honduras, the Information Security Policy Advisory Council, established pursuant to Executive Order No. 12958, shall report to Congress on the desirability and feasibility of declassification of human rights records relating to other countries. The report shall be available to the public. SEC. 9. RULES OF CONSTRUCTION. (a) Freedom of Information Act.--Nothing in this Act shall be construed to limit any right to file a request with any executive agency or seek judicial review of a decision pursuant to section 552 of title 5, United States Code. (b) Judicial Review.--Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. SEC. 10. CREATION OF POSITIONS. For purposes of carrying out the provisions of this Act, there shall be 2 additional positions in the Appeals Panel. The President shall appoint individuals who are not employees of the United States who have demonstrated substantial human rights expertise and who are able to meet the security requirements for the positions. The President shall seek recommendations with respect to such positions from nongovernmental human rights organizations. | Human Rights Information Act - Requires certain Federal agencies to identify and organize all human rights records regarding activities occurring in Guatemala and Honduras after 1944 for declassification and disclosure purposes, and to make them available to the public. Instructs the President to report to Congress regarding agency compliance. Prescribes guidelines under which the Interagency Security Classification Appeals Panel shall review agency determinations to postpone public disclosure of any human rights record. Authorizes postponement of such public disclosures on specified grounds. Requires any U.S. agency, upon request by an entity created by the United Nations, the Organization of American States (or similar entity), a national truth commission (or similar entity), or from the principal justice or human rights official of a country that is investigating a pattern of gross violations of internationally recognized human rights, to review, declassify, and publicly disclose any human pertinent rights records. Directs the Information Security Policy Advisory Council to report to Congress on declassification of human rights records relating to other countries and to make such report available to the public. Creates two additional positions in the Panel in order to implement this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jackie Robinson Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball by Jackie Robinson, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design-- (A) on the obverse side of the coins minted under this Act shall be emblematic of Jackie Robinson; and (B) on the reverse side of such coins shall be emblematic of Jackie Robinson's association with and contributions to major league baseball. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Jackie Robinson Foundation and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning April 15, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 15, 1998. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. Subject to section 10(a), all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Jackie Robinson Foundation (hereafter in this Act referred to as the Foundation'') for the purpose of-- (1) enhancing the programs of the Foundation in the field of education and youth leadership skills development; and (2) increasing the availability of scholarships for youth with the greatest need. SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. SEC. 10. CONDITIONS ON PAYMENT OF SURCHARGES. (a) Payment of Surcharges.--Notwithstanding any other provision of law, no amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act shall be paid to the Foundation unless-- (1) all numismatic operation and program costs allocable to the program under which such coins are produced and sold have been recovered; and (2) the Foundation submits an audited financial statement which demonstrates to the satisfaction of the Secretary that, with respect to all projects or purposes for which the proceeds of such surcharge may be used, the Foundation has raised funds from private sources for such projects and purposes in an amount which is equal to or greater than the maximum amount the Foundation may receive from the proceeds of such surcharge. (b) Annual Audits.-- (1) Annual audits of recipients required.--The Foundation shall provide, as a condition for receiving any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, for an annual audit, in accordance with generally accepted government auditing standards by an independent public accountant selected by the Foundation, of all such payments to the Foundation beginning in the first fiscal year of the Foundation in which any such amount is received and continuing until all such amounts received by the Foundation with respect to such surcharges are fully expended or placed in trust. (2) Minimum requirements for annual audits.--At a minimum, each audit of the Foundation pursuant to paragraph (1) shall report-- (A) the amount of payments received by the Foundation during the fiscal year of the Foundation for which the audit is conducted which are derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act; (B) the amount expended by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted; and (C) whether all expenditures by the Foundation from the proceeds of such surcharges during the fiscal year of the Foundation for which the audit is conducted were for authorized purposes. (3) Responsibility of foundation to account for expenditures of surcharges.--The Foundation shall take appropriate steps, as a condition for receiving any payment of any amount derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to ensure that the receipt of the payment and the expenditure of the proceeds of such surcharge by the Foundation in each fiscal year of the Foundation can be accounted for separately from all other revenues and expenditures of the Foundation. (4) Submission of audit report.--Not later than 90 days after the end of any fiscal year of the Foundation for which an audit is required under paragraph (1), the Foundation shall-- (A) submit a copy of the report to the Secretary; and (B) make a copy of the report available to the public. (5) Use of surcharges for audits.--The Foundation may use any amount received from payments derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act to pay the cost of an audit required under paragraph (1). (6) Waiver of subsection.--The Secretary may waive the application of any paragraph of this subsection to the Foundation for any fiscal year after taking into account the amount of surcharges which such Foundation received or expended during such year. (7) Availability of books and records.--The Foundation shall provide, as a condition for receiving any payment derived from the proceeds of any surcharge imposed on the sale of coins issued under this Act, to the Inspector General of the Department of the Treasury or the Comptroller General of the United States, upon the request of such Inspector General or the Comptroller General, all books, records, and workpapers belonging to or used by the Foundation, or by any independent public accountant who audited the Foundation in accordance with paragraph (1), which may relate to the receipt or expenditure of any such amount by the Foundation. (c) Use of Agents or Attorneys to Influence Commemorative Coin Legislation.--No portion of any payment to the Foundation from amounts derived from the proceeds of surcharges imposed on the sale of coins issued under this Act may be used, directly or indirectly, by the Foundation to compensate any agent or attorney for services rendered to support or influence in any way legislative action of the Congress relating to the coins minted and issued under this Act. | Jackie Robinson Commemorative Coin Act - Directs the Secretary of the Treasury to: (1) mint and issue one-dollar silver coins emblematic of Jackie Robinson in commemoration of the 50th anniversary of the breaking of the color barrier in major league baseball; and (2) distribute surcharge proceeds to the Jackie Robinson Foundation to enhance its education and youth leadership programs, and increase the availability of scholarships for economically disadvantaged youths. |
SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by adding at the end the following new section: ``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. ``(a) Nonrecognition of Gain.--In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds-- ``(1) the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by ``(2) any portion of such cost previously taken into account under this section. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital asset.--The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph (2) of such section), except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. ``(2) Investment property.--The term `investment property' means property that has the capacity to produce gross income from-- ``(A) interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or ``(B) dividends. Such term shall not include expansion shares. ``(3) Purchase.--The term `purchase' has the meaning given such term by section 1043(b)(4). ``(4) Eligible small business investment.--Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if-- ``(A) as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and ``(B) such stock or partnership interest is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock). A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. ``(5) Qualified small business entity.-- ``(A) In general.--The term `qualified small business entity' means any domestic corporation or partnership if-- ``(i) for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity (and any predecessor thereof) had gross receipts of less than $5,000,000, ``(ii) the primary activity of such entity (and any predecessor thereof) for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being-- ``(I) agriculture, forestry or fishing (Division A), ``(II) mining (Division B), ``(III) construction (Division C), ``(IV) manufacturing (Division D), ``(V) transportation, communications, electric, gas or sanitary service (Division E), ``(VI) wholesale trade (Division F), ``(VII) retail trade (Division (G), ``(VIII) personal services (Major Group 72, Division I), ``(IX) business services (Major Group 73, Division I), ``(X) automotive repair, services or parking (Major Group 75, Division I), ``(XI) miscellaneous repair services (Major Group 76, Division I), or ``(XII) engineering, accounting, research, management or related services (Major Group 87, Division I), ``(iii) such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and ``(iv) the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. ``(B) Aggregation rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). ``(C) Special rules for determining gross receipts.--The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). ``(c) Inapplicability to Certain Gain.--Subsection (a) shall not apply to any of the following types of gain: ``(1) Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. ``(2) Gain from the sale of property that is not held for the production of income. ``(3) Gain from investment property. ``(4) Gain that is treated or characterized as ordinary income for purposes of this title. ``(5) Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. ``(d) Certain Other Rules To Apply.--Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 (without regard to any 5-year holding period requirement) shall apply for purposes of this section. ``(e) Prohibition of Basis Adjustments.--If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). ``(f) Statute of Limitations.--If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then-- ``(1) the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may by regulations prescribe) of-- ``(A) the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, ``(B) the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or ``(C) a failure to make such purchase within such 12-month period, and ``(2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. ``(h) Termination.--Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2004.'' (b) Report by Secretary.--Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. (c) Clerical Amendment.--The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1045. Rollover of gain to small business investments.'' (d) Effective Date.--The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date. | Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Energy Act''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appraisals. Sec. 4. Standardization. Sec. 5. Environmental reviews of major Federal actions on Indian lands. Sec. 6. BLM oil and gas fees. Sec. 7. Bonding requirements and nonpayment of attorneys' fees to promote Indian energy projects. Sec. 8. Tribal biomass demonstration project. Sec. 9. Tribal resource management plans. Sec. 10. Leases of restricted lands for the Navajo Nation. Sec. 11. Nonapplicability of certain rules. SEC. 3. APPRAISALS. (a) Amendment.--Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following: ``SEC. 2607. APPRAISAL REFORMS. ``(a) Options to Indian Tribes.--With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by-- ``(1) the Secretary; ``(2) the affected Indian tribe; or ``(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. ``(b) Time Limit on Secretarial Review and Action.--Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall-- ``(1) review the appraisal; and ``(2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. ``(c) Failure of Secretary To Approve or Disapprove.--If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. ``(d) Option to Indian Tribes To Waive Appraisal.-- ``(1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. ``(2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. ``(3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. ``(e) Definition.--For purposes of this subsection, the term `appraisal' includes appraisals and other estimates of value. ``(f) Regulations.--The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal.''. (b) Conforming Amendment.--The table of contents of the Energy Policy Act of 1992 (42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: ``Sec. 2607. Appraisal reforms.''. SEC. 4. STANDARDIZATION. As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. SEC. 5. ENVIRONMENTAL REVIEWS OF MAJOR FEDERAL ACTIONS ON INDIAN LANDS. Section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended by inserting ``(a) In General.--'' before the first sentence, and by adding at the end the following: ``(b) Review of Major Federal Actions on Indian Lands.-- ``(1) In general.--For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. ``(2) Regulations.--The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. ``(3) Definitions.--In this subsection, each of the terms `Indian land' and `Indian tribe' has the meaning given that term in section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501). ``(4) Clarification of authority.--Nothing in the Native American Energy Act, except section 7 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands.''. SEC. 6. BLM OIL AND GAS FEES. The Secretary of the Interior, acting through the Bureau of Land Management, shall not collect any fee for any of the following: (1) For an application for a permit to drill on Indian land. (2) To conduct any oil or gas inspection activity on Indian land. (3) On any oil or gas lease for nonproducing acreage on Indian land. SEC. 7. BONDING REQUIREMENTS AND NONPAYMENT OF ATTORNEYS' FEES TO PROMOTE INDIAN ENERGY PROJECTS. (a) In General.--A plaintiff who obtains a preliminary injunction or administrative stay in an energy related action, but does not ultimately prevail on the merits of the energy related action, shall be liable for damages sustained by a defendant who-- (1) opposed the preliminary injunction or administrative stay; and (2) was harmed by the preliminary injunction or administrative stay. (b) Bond.--Unless otherwise specifically exempted by Federal law, a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent-- (1) in an amount the court or agency decides is 30 percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages, including but not limited to preliminary development costs, additional development costs, and reasonable attorney fees, that each defendant may sustain as a result of the preliminary injunction or administrative stay; (2) written by a surety licensed to do business in the State in which the Indian Land or other land where the activities are undertaken is situated; and (3) payable to each defendant opposing the preliminary injunction or administrative stay, in the event that the plaintiff does not prevail on the merits of the energy related action, Provided, that, if there is more than one plaintiff, the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner. (c) Limitation on Certain Payments.--Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action. (d) Definitions.--For the purposes of this section, the following definitions apply: (1) Administrative stay.--The term ``Administrative Stay'' means a stay or other temporary remedy issued by a Federal agency, including the Department of the Interior, the Department of Agriculture, the Department of Energy, the Department of Commerce, and the Environmental Protection Agency. (2) Indian land.--The term ``Indian Land'' has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109-58; 25 U.S.C. 3501), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act (Public Law 92-203; 43 U.S.C. 1601). (3) Energy related action.--The term ``energy related action'' means a cause of action that-- (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action (as defined in section 702 of title 5, United States Code), to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail on the merits.--The phrase ``Ultimately prevail on the merits'' means, in a final enforceable judgment on the merits, the court rules in the plaintiff's favor on at least one cause of action which is an underlying rationale for the preliminary injunction, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. (5) Indian tribe.--The term ``Indian tribe'' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. SEC. 8. TRIBAL BIOMASS DEMONSTRATION PROJECT. The Tribal Forest Protection Act of 2004 is amended by inserting after section 2 (25 U.S.C. 3115a) the following: ``SEC. 3. TRIBAL BIOMASS DEMONSTRATION PROJECT. ``(a) In General.--For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. ``(b) Definitions.--The definitions in section 2 shall apply to this section. ``(c) Demonstration Projects.--In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). ``(d) Eligibility Criteria.--To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application-- ``(1) containing such information as the Secretary may require; and ``(2) that includes a description of-- ``(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and ``(B) the demonstration project proposed to be carried out by the Indian tribe. ``(e) Selection.--In evaluating the applications submitted under subsection (c), the Secretary-- ``(1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108- 278; and whether a proposed demonstration project would-- ``(A) increase the availability or reliability of local or regional energy; ``(B) enhance the economic development of the Indian tribe; ``(C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; ``(D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or ``(E) otherwise promote the use of woody biomass; and ``(2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. ``(f) Implementation.--The Secretary shall-- ``(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and ``(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. ``(g) Report.--Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period-- ``(1) each individual tribal application received under this section; and ``(2) each contract and agreement entered into pursuant to this section. ``(h) Incorporation of Management Plans.--In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. ``(i) Term.--A stewardship contract or other agreement entered into under this section-- ``(1) shall be for a term of not more than 20 years; and ``(2) may be renewed in accordance with this section for not more than an additional 10 years.''. SEC. 9. TRIBAL RESOURCE MANAGEMENT PLANS. Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act (25 U.S.C. 3101 et seq.) or the American Indian Agricultural Resource Management Act (25 U.S.C. 3701 et seq.), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. SEC. 10. LEASES OF RESTRICTED LANDS FOR THE NAVAJO NATION. Subsection (e)(1) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(e)(1); commonly referred to as the ``Long-Term Leasing Act''), is amended-- (1) by striking ``, except a lease for'' and inserting ``, including leases for''; (2) in subparagraph (A), by striking ``25'' the first place it appears and all that follows and inserting ``99 years;''; (3) in subparagraph (B), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years.''. SEC. 11. NONAPPLICABILITY OF CERTAIN RULES. No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. | Native American Energy Act - (Sec. 3) Amends the Energy Policy Act of 1992 to allow the Secretary of the Interior, an affected Indian tribe, or a certified third-party appraiser under contract with the Indian tribe to appraise Indian land or trust assets involved in a transaction requiring the Secretary's approval. Deems an appraisal that is conducted by an Indian tribe or by an appraiser under contract with an Indian tribe to be approved if the Secretary does not approve or disapprove of the appraisal within 60 days of receiving it. Gives tribes the option of waiving such appraisals if they give the Secretary an unambiguous indication of tribal intent to do so that includes an express waiver of any claims they might have against the United States that result from forgoing the appraisal. (Sec. 4) Requires each agency within the Department of the Interior involved in the review of oil and gas activities on Indian lands to use a uniform system of reference numbers and tracking systems for oil and gas wells. (Sec. 5) Amends the National Environmental Policy Act of 1969 to make the environmental impact statement for major federal action on Indian lands available for review and comment only to the affected Indian tribe and individuals residing within the affected area. (Sec. 6) Prohibits the Secretary from collecting a fee for: (1) applying for a permit to drill on Indian land, (2) oil or gas inspection activities on such lands, or (3) any oil or gas lease for nonproducing acreage on Indian land. (Sec. 7) Requires plaintiffs who obtain a preliminary injunction or administrative stay in Indian energy related actions to post bond. (Indian energy related actions are those concerned with energy activities undertaken on Indian land or by Indian tribes on other lands.) Subjects plaintiffs to liability for a defendant's harm should they not ultimately prevail on the merits of the energy related action. Prohibits plaintiffs in Indian energy related actions against the federal government from receiving certain federal payments for their fees or expenses. (Sec. 8) Amends the Tribal Forest Protection Act of 2004 to direct the Secretary to enter into agreements with Indian tribes, from FY2014-FY2018, to carry out demonstration projects that promote biomass energy production on Indian forest land and in nearby communities by providing tribes with reliable supplies of woody biomass from federal lands. Requires the creation of at least four new demonstration projects during each of those fiscal years. Directs the Secretary, when reviewing project applications, to consider whether a proposed demonstration project will: increase the availability or reliability of local or regional energy, enhance the tribe's economic development, improve the connection of electric power transmission facilities serving the tribe with other electric transmission facilities, improve the forest health or watersheds of federal land or Indian forest land or rangeland, or otherwise promote woody biomass use. Directs the Secretary, to the extent practicable, to incorporate management plans in effect on Indian forest land or rangeland into demonstration project agreements affecting those lands. Prohibits the agreements from having a term that exceeds 20 years, but allows them to be renewed for up to ten additional years. (Sec. 9) Considers activities conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary to be a sustainable management practice when sustainability is federally required. (Sec. 10) Amends the Long-Term Leasing Act to authorize the Navajo Nation to enter into commercial or agricultural leases of up to 99 years on their restricted lands without the Secretary's approval, provided they are executed under tribal regulations approved by the Secretary. Allows the Navajo Nation to enter into mineral resource leases on their restricted lands without the Secretary's approval if they are executed under approved tribal regulations and do not exceed 25 years, though they may include a renewal option for one additional term not exceeding 25 years. (Sec. 11) Prohibits any Department of the Interior rule regarding hydraulic fracturing, used in oil and gas development or production, from having any effect on land held in trust or restricted status for Indians, except with the express consent of its Indian beneficiaries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Victims Insurance Relief Act of 2001''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The Holocaust, including the murder of 6,000,000 European Jews, the systematic destruction of families and communities, and the wholesale theft of their assets, was one of the most tragic crimes in modern history. (2) When Holocaust survivors or heirs of Holocaust victims presented claims to insurance companies after World War II, many were rejected because the claimants did not have death certificates or physical possession of policy documents that had been confiscated by the Nazis. (3) In many instances, insurance company records are the only proof of the existence of insurance policies belonging to Holocaust victims. (4) Holocaust survivors and their descendants have been fighting for decades to persuade insurance companies to settle unpaid insurance claims. (5) In 1998, the International Commission on Holocaust Era Insurance Claims (in this section referred to as the ``ICHEIC'') was established by the National Association of Insurance Commissioners in cooperation with several European insurance companies, European regulators, representatives of international Jewish organizations, and the State of Israel, to expeditiously address the issue of unpaid insurance policies issued to Holocaust victims. (6) On July 17, 2000, the United States and Germany signed an Executive Agreement in support of the German Foundation ``Remembrance, Responsibility, and the Future'', which designated the ICHEIC to resolve all insurance claims that were not paid or were nationalized during the Nazi era. (7) The ICHEIC's deadline for receiving claims applications is January 31, 2002. (8) Three years into the process of addressing the issue of unpaid insurance policies, companies continue to withhold thousands of names on dormant accounts. (9) As of June 15, 2001, more than 84 percent of the 72,675 claims applications filed with the ICHEIC remained idle because the claimants could not identify the company holding the policy. (10) Insurance companies doing business in the United States have a responsibility to ensure the disclosure of insurance policies of Holocaust victims that they or their related companies may have issued, to facilitate the rapid resolution of questions concerning these policies, and to eliminate the further victimization of policyholders and their families. (11) State legislatures in California, Florida, New York, Minnesota, Washington, and elsewhere have been challenged in efforts to implement laws that restrict the ability of insurers to engage in business transactions in those States until the insurers publish the names of Holocaust-era policyholders. (b) Purpose.--The purpose of this Act is to provide information about Holocaust-era insurance policies to Holocaust victims and their heirs and beneficiaries to enable them to expeditiously file their rightful claims under the policies. SEC. 3. HOLOCAUST INSURANCE REGISTRY. (a) Establishment and Maintenance.--Chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``Sec. 2119. Holocaust Insurance Registry ``(a) Establishment.--The Archivist shall establish and maintain a collection of records that shall-- ``(1) be known as the Holocaust Insurance Registry; and ``(2) consist of the information provided to the Archivist under section 5 of the Holocaust Victims Insurance Relief Act of 2001. ``(b) Public Accessibility.--The Archivist shall make all such information publicly accessible and searchable by means of the Internet and by any other means the Archivist deems appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by adding at the end the following: ``2119. Holocaust Insurance Registry.''. SEC. 4. FULL DISCLOSURE OF HOLOCAUST-ERA POLICIES BY INSURERS. (a) Requirement.--An insurer shall cause to be filed with the Secretary of Commerce in accordance with subsection (b) the following information: (1) The first name, last name, date of birth, and domicile of the policyholder of each covered policy issued by the insurer or a related company of the insurer. (2) The name of the entity that issued the covered policy. (3) The name of the entity that is responsible for the liabilities of the entity that issued the covered policy. (b) Proper Filing.--A filing under subsection (a) shall be made not later than the earlier of 90 days after the date of the enactment of this Act or January 31, 2002, in an electronic format approved jointly by the Archivist of the United States and the Secretary of Commerce. SEC. 5. PROVISION OF INFORMATION TO ARCHIVIST. The Secretary of Commerce shall provide to the Archivist of the United States any information filed with the Secretary under section 4(a) promptly after the filing of such information. SEC. 6. PENALTY. The Secretary of Commerce shall assess a civil penalty of not less than $5,000 for each day that an insurer fails to comply with the requirements of section 4, as determined by the Secretary. SEC. 7. USE OF AMOUNTS RECEIVED AS CIVIL PENALTIES. To the extent or in the amounts provided in advance in appropriation Acts, the Archivist of the United States may use amounts received by the Government as civil penalties under section 6 to maintain the Holocaust Insurance Registry. SEC. 8. NOTIFICATION. (a) Initial Notification.--Not later than 180 days after the date of the enactment of this Act and periodically afterward, the Secretary of Commerce shall notify each State's commissioner of insurance of the identity of each insurer that has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. (b) Requests by States.--On request by the commissioner of insurance of a State concerning an insurer operating in that State, the Secretary of Commerce shall inform the commissioner of insurance whether the insurer has failed to comply with the requirements of section 4 or has not satisfied any civil penalty for which the insurer is liable under section 6. SEC. 9. STATE HOLOCAUST CLAIMS REPORTING STATUTES. (a) Preemption.--Nothing in this Act preempts the right of any State to adopt or enforce any State law requiring an insurer to disclose information regarding insurance policies that may have been confiscated or stolen from victims of Nazi persecution. (b) Sense of Congress.--It is the sense of the Congress that if any litigation challenging any State law described in subsection (a) is dismissed because the State's commissioner of insurance chooses to rely on this Act and therefore no longer seeks to enforce the State law, each party should bear its own legal fees and costs. SEC. 10. DEFINITIONS. In this Act: (1) Commissioner of insurance.--The term ``commissioner of insurance'' means the highest ranking officer of a State responsible for regulating insurance. (2) Covered policy.--The term ``covered policy'' means any life, dowry, education, or property insurance policy that was-- (A) in effect at any time after January 30, 1933, and before December 31, 1945; and (B) issued to a policyholder domiciled in any area of the European Continent that was occupied or controlled by Nazi Germany or by any ally or sympathizer of Nazi Germany at any time during the period described in subparagraph (A). (3) Insurer.--The term ``insurer'' means any person engaged in the business of insurance in United States interstate or foreign commerce, if the person or a related company of the person issued a covered policy, regardless of when the related company became a related company of the insurer. (4) Related company.--The term ``related company'' means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act. | Holocaust Victims Insurance Relief Act of 2001 - Directs the Archivist of the United States to establish and maintain a Holocaust Insurance Registry to consist of information on holders and issuers (and related liable entities) of Holocaust-era insurance policies that were: (1) in effect after January 30, 1933, and before December 31, 1945; and (2) issued to a policyholder domiciled in any area of Europe that was occupied or controlled by Nazi Germany or any ally or sympathizer during such period.Requires: (1) insurers to file such information in an electronic format with the Secretary of Commerce by a specified deadline; (2) the Secretary to assess a civil penalty for each day an insurer fails to comply; and (3) notify each State's commissioner of insurance of the identity of any insurer that has failed to file such information or to satisfy any penalty. |
SECTION 1. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS. (a) In General.--Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7269 et seq.) is amended-- (1) by inserting after the subpart heading the following: ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS''; and (2) by adding at the end the following: ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``SEC. 5545. FINDINGS. ``Congress finds the following: ``(1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 5 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. ``(2) School counselors, school social workers, and school psychologists are needed to help these children and to provide a variety of crucial support services. ``(3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 561 to 1. ``(4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. ``(5) According to the Institute of Medicine of the National Academy of Sciences, the maximum recommended ratio of-- ``(A) students to school counselors is 250 to 1; ``(B) students to school psychologists is 1,000 to 1; and ``(C) students to school social workers is 800 to 1. ``(6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, no school-based mental health and student service provider is available to assist students in times of crisis, or at any other time. ``(7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation's youth will retire. ``(8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal's office, reduced the use of weapons, force, and threats, and increased students' feelings of safety. ``SEC. 5546. PURPOSES. ``The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, and school social workers to achieve each of the following: ``(1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the Institute of Medicine of the National Academy of Sciences in its 1997 report `Schools and Health: Our Nation's Investment': ``(A) 1 school counselor for every 250 students; ``(B) 1 school psychologist for every 1,000 students; and ``(C) 1 school social worker for every 800 students. ``(2) To provide school-based mental health and student services. ``(3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students classroom preparedness and ability to learn. ``(4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. ``(5) To support parental involvement in improving the school behavior and academic success of their children. ``SEC. 5547. DEFINITIONS. ``In this chapter, the following definitions apply: ``(1) Child.--The term `child' means an individual who is not less than 5 years old and not more than 17 years old. ``(2) Child in poverty.--The term `child in poverty' means a child from a family with an income below the poverty line. ``(3) Mental health and student service provider.--The term `mental health and student service provider' means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist, or a qualified school social worker. ``(4) Mental health and student services.--The term `mental health and student services' includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. ``(5) Poverty line.--The term `poverty line' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. ``(6) School counselor.--The term `school counselor' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- ``(A) possesses State licensure or certification granted by an independent professional regulatory authority; ``(B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or ``(C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. ``(7) School psychologist.--The term `school psychologist' means an individual who-- ``(A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; ``(B) possesses State licensure or certification in school psychology in the State in which the individual works; or ``(C) possesses national certification by the National School Psychology Certification Board. ``(8) School social worker.--The term `school social worker' means an individual who-- ``(A) holds a master's degree in social work from a program accredited by the Council on Social Work Education; ``(B) is licensed or certified by the State in which services are provided; or ``(C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. ``(9) State.--The term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 5548. SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDER GRANT PROGRAM. ``(a) In General.--In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. ``(b) Allocation of Funds.--From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall-- ``(1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and ``(2) make available in the form of grants to each eligible State an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and ``(B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. ``(c) Minimum Grant.--Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. ``(d) Reallocation.--The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. ``(e) Application by State.-- ``(1) In general.--To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. ``(2) Approval.--The Secretary may not approve an application under this subsection unless the State submitting the application-- ``(A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, and school social workers; and ``(B) provides an assurance that the State will provide the matching amount required under subsection (g). ``(f) Use of Funds by State.-- ``(1) In general.--In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. ``(2) Administrative costs.--In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State's responsibilities under this chapter. ``(3) Allocation of funds.--In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of-- ``(A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and ``(B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. ``(4) Minimum grant.--Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. ``(5) Source of data.--For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary's satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. ``(6) Application by local educational agencies.--A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. ``(g) Matching Funds.-- ``(1) In general.--As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. ``(2) Local contribution.--In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. ``(3) Form.--The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. ``(h) Funds To Be Supplementary.--Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. ``(i) Data Collection and Report.-- ``(1) In general.--For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. ``(2) Report.--Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter-- ``(A) the number of school counselors, school psychologists, and school social workers employed by local educational agency; and ``(B) the ratio of students to school counselors, the ratio of students to school psychologists, and the ratio of students to school social workers. ``(3) Source of funds.--A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. ``(4) Publication.--The Secretary shall make data received under this subsection publicly available on an annual basis. ``SEC. 5549. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2004 through 2008.''. (b) Clerical Amendments.--The table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by amending the items relating to subpart 14 of title V to read as follows: ``Subpart 14--Grants to Improve the Mental Health of Children ``CHAPTER A--SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ``Sec. 5541. Grants for the integration of schools and mental health systems. ``Sec. 5542. Promotion of school readiness through early childhood emotional and social development. ``CHAPTER B--SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS ``Sec. 5545. Findings. ``Sec. 5546. Purposes. ``Sec. 5547. Definitions. ``Sec. 5548. School-based mental health and student service provider grant program. ``Sec. 5549. Authorization of appropriations.''. | Amends the Elementary and Secondary Education Act of 1965 to establish a program to assist States and local educational agencies (LEAs) to recruit, train, and hire additional school-based mental health and student service providers, including additional school counselors, psychologists, and social workers (in order to reduce the student-to-counselor ratios nationally, in elementary and secondary schools, to an average of one school counselor for every 250 students, one psychologist for every 1,000 students, and one social worker for every 800 students, as recommended in a report by the Institute of Medicine of the National Academy of Sciences relating to schools and health). Directs the Secretary of Education, after reserving certain funds for schools in outlying areas and schools run by the Bureau of Indian Affairs, to make program allotments to States according to a specified formula. Requires States to allocate funds from Federal and State shares of program costs to LEAs according to specified formulae. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gallatin Land Consolidation Act of 1998''. SEC. 2. FINDINGS. Congress finds that-- (1) the land north of Yellowstone National Park possesses outstanding natural characteristics and wildlife habitats that make the land a valuable addition to the National Forest System; (2) it is in the interest of the United States to establish a logical and effective ownership pattern for the Gallatin National Forest, reducing long-term costs for taxpayers and increasing and improving public access to the forest; (3) it is in the interest of the United States for the Secretary of Agriculture to enter into an Option Agreement for the acquisition of land owned by Big Sky Lumber Co. to accomplish the purposes of this Act; and (4) other private property owners are willing to enter into exchanges that further improve the ownership pattern of the Gallatin National Forest. SEC. 3. DEFINITIONS. In this Act: (1) BLM land.--The term ``BLM land'' means approximately 2,000 acres of Bureau of Land Management land (including all appurtenances to the land) that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (2) BSL.--The term ``BSL'' means Big Sky Lumber Co., an Oregon joint venture, and its successors and assigns, and any other entities having a property interest in the BSL land. (3) BSL land.--The term ``BSL land'' means approximately 54,000 acres of land (including all appurtenances to the land except as provided in section 4(e)(1)(D)(i)) owned by BSL that is proposed to be acquired by the Secretary of Agriculture, as depicted in Exhibit A to the Option Agreement. (4) Eastside national forests.--The term ``Eastside National Forests'' means national forests east of the Continental Divide in the State of Montana, including the Beaverhead National Forest, Deerlodge National Forest, Helena National Forest, Custer National Forest, and Lewis and Clark National Forest. (5) National forest system land.--The term ``National Forest System land'' means approximately 29,000 acres of land (including all appurtenances to the land) owned by the United States in the Gallatin National Forest, Flathead National Forest, Deerlodge National Forest, Helena National Forest, Lolo National Forest, and Lewis and Clark National Forest that is proposed to be acquired by BSL, as depicted in Exhibit B to the Option Agreement. (6) Option agreement.--The term ``Option Agreement'' means-- (A) the document signed by BSL, dated July 29, 1998 and entitled ``Option Agreement for the Acquisition of Big Sky Lumber Co. Lands Pursuant to the Gallatin Range Consolidation and Protection Act of 1993''; (B) the exhibits and maps attached to the document described in subparagraph (A); and (C) an exchange agreement to be entered into between the Secretary and BSL and made part of the document described in subparagraph (A). (7) Secretary.--The ``Secretary'' means the Secretary of Agriculture. SEC. 4. GALLATIN LAND CONSOLIDATION COMPLETION. (a) In General.--Notwithstanding any other provision of law, and subject to the terms and conditions of the Option Agreement-- (1) if BSL offers title acceptable to the Secretary to the BSL land-- (A) the Secretary shall accept a warranty deed to the BSL land and a quit claim deed to agreed to mineral interests in the BSL land; (B) the Secretary shall convey to BSL, subject to valid existing rights and to other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary and BSL, fee title to the National Forest System land; and (C) the Secretary of the Interior shall convey to BSL, by patent or otherwise, subject to valid existing rights and other terms, conditions, reservations, and exceptions as may be agreed to by the Secretary of the Interior and BSL, fee title to the BLM land; (2) if BSL places title in escrow acceptable to the Secretary to 11\1/2\ sections of the BSL land in the Taylor Fork area as set forth in the Option Agreement-- (A) the Secretary shall place Federal land in the Bangtail and Doe Creek areas of the Gallatin National Forest, as identified in the Option Agreement, in escrow pending conveyance to the Secretary of the Taylor Fork land, as identified in the Option Agreement in escrow; (B) the Secretary, subject to the availability of funds, shall purchase 7\1/2\ sections of BSL land in the Taylor Fork area held in escrow and identified in the Option Agreement at a purchase price of $4,150,000; and (C) the Secretary shall acquire the 4 Taylor Fork sections identified in the Option Agreement remaining in escrow, and any of the 6 sections referred to in subparagraph (B) for which funds are not available, by providing BSL with timber sale receipts from timber sales on the Gallatin National Forest and other eastside national forests in the State of Montana in accordance with subsection (c); and (3)(A) as funds or timber sale receipts are received by BSL-- (i) the deeds to an equivalent value of BSL Taylor Fork land held in escrow shall be released and conveyed to the Secretary; and (ii) the escrow of deeds to an equivalent value of Federal land shall be released to the Secretary in accordance with the terms of the Option Agreement; or (B) if funds or timber sale receipts are not provided to BSL as provided in the Option Agreement, BSL shall be entitled to receive patents and deeds to an equivalent value of the Federal land held in escrow. (b) Valuation.-- (1) In general.--The property and other assets exchanged or conveyed by BSL and the United States under subsection (a) shall be approximately equal in value, as determined by the Secretary. (2) Difference in value.--To the extent that the property and other assets exchanged or conveyed by BSL or the United States under subsection (a) are not approximately equal in value, as determined by the Secretary, the values shall be equalized in accordance with methods identified in the Option Agreement. (c) Timber Sale Program.-- (1) In general.--The Secretary shall implement a timber sale program, according to the terms and conditions identified in the Option Agreement and subject to compliance with applicable environmental laws (including regulations), judicial decisions, memoranda of understanding, small business set-aside rules, and acts beyond the control of the Secretary, to generate sufficient timber receipts to purchase the portions of the BSL land in Taylor Fork identified in the Option Agreement. (2) Implementation.--In implementing the timber sale program-- (A) the Secretary shall provide BSL with a proposed annual schedule of timber sales; (B) as set forth in the Option Agreement, receipts generated from the timber sale program shall be deposited by the Secretary in a special account established by the Secretary and paid by the Secretary to BSL; (C) receipts from the Gallatin National Forest shall not be subject to the Act of May 23, 1908 (16 U.S.C. 500); and (D) the Secretary shall fund the timber sale program at levels determined by the Secretary to be commensurate with the preparation and administration of the identified timber sale program. (d) Rights-of-Way.--As specified in the Option Agreement-- (1) the Secretary, under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall convey to BSL such easements in or other rights-of-way over National Forest System land for access to the land acquired by BSL under this Act for all lawful purposes; and (2) BSL shall convey to the United States such easements in or other rights-of-way over land owned by BSL for all lawful purposes, as may be agreed to by the Secretary and BSL. (e) Quality of Title.-- (1) Determination.--The Secretary shall review the title for the BSL land described in subsection (a) and, within 45 days after receipt of all applicable title documents from BSL, determine whether-- (A) the applicable title standards for Federal land acquisition have been satisfied and the quality of the title is otherwise acceptable to the Secretary of Agriculture; (B) all draft conveyances and closing documents have been received and approved; (C) a current title commitment verifying compliance with applicable title standards has been issued to the Secretary; and (D) the title includes both the surface and subsurface estates without reservation or exception (except as specifically provided in this Act), including-- (i) minerals, mineral rights, and mineral interests (including severed oil and gas surface rights), subject to and excepting other outstanding or reserved oil and gas rights; (ii) timber, timber rights, and timber interests (except those reserved subject to section 251.14 of title 36, Code of Federal Regulations, by BSL and agreed to by the Secretary); (iii) water, water rights, ditch, and ditch rights; (iv) geothermal rights; and (v) any other interest in the property. (2) Conveyance of title.-- (A) In general.--If the quality of title does not meet Federal standards or is otherwise determined to be unacceptable to the Secretary of Agriculture, the Secretary shall advise BSL regarding corrective actions necessary to make an affirmative determination under paragraph (1). (B) Title to subsurface estate.--Title to the subsurface estate shall be conveyed by BSL to the Secretary in the same form and content as that estate is received by BSL from Burlington Resources Oil & Gas Company Inc. and Glacier Park Company. (f) Timing of Implementation.-- (1) Land-for-land exchange.--The Secretary shall accept the conveyance of land described in subsection (a) not later than 45 days after the Secretary has made an affirmative determination of quality of title. (2) Land-for-timber sale receipt exchange.--As provided in subsection (c) and the Option Agreement, the Secretary shall make timber receipts described in subsection (a)(3) available not later than December 31 of the fifth full calendar year that begins after the date of enactment of this Act. (3) Purchase.--The Secretary shall complete the purchase of BSL land under subsection (a)(3)(B) not later than 30 days after the date on which appropriated funds are made available and an affirmative determination of quality of title is made with respect to the BSL land. SEC. 5. OTHER FACILITATED EXCHANGES. (a) Authorized Exchanges.-- (1) In general.--The Secretary shall enter into the following land exchanges if the landowners are willing: (A) Wapiti land exchange, as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (B) Eightmile/West Pine land exchange as outlined in the documents entitled ``Non-Federal Lands in Facilitated Exchanges'' and ``Federal Lands in Facilitated Exchanges'' and dated July 1998. (2) Equal Value.--Before entering into an exchange under paragraph (1), the Secretary shall determine that the parcels of land to be exchanged are of approximately equal value, based on an appraisal. (b) Section 1 of the Taylor Fork Land.-- (1) In general.--The Secretary is encouraged to pursue a land exchange with the owner of section 1 of the Taylor Fork land after completing a full public process and an appraisal. (2) Report.--The Secretary shall report to Congress on the implementation of paragraph (1) not later than 180 days after the date of enactment of this Act. SEC. 6. GENERAL PROVISIONS. (a) Minor Corrections.-- (1) In general.--The Option Agreement shall be subject to such minor corrections and supplemental provisions as may be agreed to by the Secretary and BSL. (2) Notification.--The Secretary shall notify the Committee on Energy and Natural Resources of the Senate, the Committee on Resources of the House of Representatives, and each member of the Montana congressional delegation of any changes made under this subsection. (3) Boundary adjustment.-- (A) In general.--The boundary of the Gallatin National Forest is adjusted in the Wineglass and North Bridger area, as described on maps dated July 1998, upon completion of the conveyances. (B) No limitation.--Nothing in this subsection limits the authority of the Secretary to adjust the boundary pursuant to section 11 of the Act of March 1, 1911 (commonly known as the ``Weeks Act'') (16 U.S.C. 521). (C) Allocation of land and water conservation fund moneys.--For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), boundaries of the Gallatin National Forest shall be considered to be the boundaries of the National Forest as of January 1, 1965. (b) Public Availability.--The Option Agreement-- (1) shall be on file and available for public inspection in the office of the Supervisor of the Gallatin National Forest; and (2) shall be filed with the county clerk of each of Gallatin County, Park County, Madison County, Granite County, Broadwater County, Meagher County, Flathead County, and Missoula County, Montana. (c) Compliance With Option Agreement.--The Secretary, the Secretary of the Interior, and BSL shall comply with the terms and conditions of the Option Agreement except to the extent that any provision of the Option Agreement conflicts with this Act. (d) Status of Land.--All land conveyed to the United States under this Act shall be added to and administered as part of the Gallatin National Forest and Deerlodge National Forest, as appropriate, in accordance with the Act of March 1, 1911 (5 U.S.C. 515 et seq.), and other laws (including regulations) pertaining to the National Forest System. (e) Management.-- (1) Public process.--Not later than 30 days after the date of completion of the land-for-land exchange under section 4(f)(1), the Secretary shall initiate a public process to amend the Gallatin National Forest Plan and the Deerlodge National Forest Plan to integrate the acquired land into the plans. (2) Process time.--The amendment process under paragraph (1) shall be completed as soon as practicable, and in no event later than 540 days after the date on which the amendment process is initiated. (3) Limitation.--An amended management plan shall not permit surface occupancy on the acquired land for access to reserved or outstanding oil and gas rights or for exploration or development of oil and gas. (4) Interim management.--Pending completion of the forest plan amendment process under paragraph (1), the Secretary shall-- (A) manage the acquired land under the standards and guidelines in the applicable land and resource management plans for adjacent land managed by the Forest Service; and (B) maintain all existing public access to the acquired land. (f) Restoration.-- (1) In general.--The Secretary shall implement a restoration program including reforestation and watershed enhancements to bring the acquired land and surrounding national forest land into compliance with Forest Service standards and guidelines. (2) State and local conservation corps.--In implementing the restoration program, the Secretary shall, when practicable, use partnerships with State and local conservation corps, including the Montana Conservation Corps, under the Public Lands Corps Act of 1993 (16 U.S.C. 1721 et seq.). (g) Implementation.--The Secretary of Agriculture shall ensure that sufficient funds are made available to the Gallatin National Forest to carry out this Act. (i) Revocations.--Notwithstanding any other provision of law, any public orders withdrawing lands identified in the Option Agreement from all forms of appropriation under the public land laws are revoked upon conveyance of the lands by the Secretary. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the Senate October 2, 1998. Attest: GARY SISCO, Secretary. | Gallatin Land Consolidation Act of 1998 - Provides for the exchange of land and other assets including certain timber harvest rights by the Secretaries of Agriculture and the Interior with the Big Sky Lumber Co. (BSL) for inclusion in the Gallatin National Forest and Deerlodge National Forest, Montana. Directs the Secretary of Agriculture to: (1) implement a timber sale program to fund the purchase of specified (Taylor Fork) BSL land; (2) enter into specified land exchanges (Wapiti and Eightmile-West Pine); and (3) implement a restoration program for lands acquired under this Act. Encourages the Secretary to pursue a specified land exchange (section 1 of the Taylor Fork land). Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marine Debris Act Amendments of 2012''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed as an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1951 et seq.), as in effect immediately before the enactment of this Act. SEC. 3. SHORT TITLE AMENDMENT. Section 1 (33 U.S.C. 1951 note) is amended by striking ``Research, Prevention, and Reduction''. SEC. 4. PURPOSE. Section 2 (33 U.S.C. 1951) is amended to read as follows: ``SEC. 2. PURPOSE. ``The purpose of this Act is to address the adverse impacts of marine debris on the United States economy, the marine environment, and navigation safety through identification, determination of sources, assessment, prevention, reduction, and removal of marine debris.''. SEC. 5. NOAA MARINE DEBRIS PROGRAM. (a) Name of Program.-- (1) In general.--Section 3 (33 U.S.C. 1952) is amended-- (A) in the section heading by striking ``prevention and removal''; and (B) in subsection (a)-- (i) by striking ``Prevention and Removal Program to reduce and prevent'' and inserting ``Program to identify, determine sources of, assess, prevent, reduce, and remove''; (ii) by inserting ``the economy of the United States,'' after ``marine debris on''; and (iii) by inserting a comma after ``environment''. (2) Conforming amendment.--Paragraph (7) of section 7 (33 U.S.C. 1956) is amended by striking ``Prevention and Removal''. (b) Program Components.--Section 3(b) (33 U.S.C. 1952(b)) is amended to read as follows: ``(b) Program Components.--The Administrator, acting through the Program and subject to the availability of appropriations, shall-- ``(1) identify, determine sources of, assess, prevent, reduce, and remove marine debris, with a focus on marine debris posing a threat to living marine resources and navigation safety; ``(2) provide national and regional coordination to assist States, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris; ``(3) undertake efforts to reduce adverse impacts of lost and discarded fishing gear on living marine resources and navigation safety, including-- ``(A) research and development of alternatives to gear posing threats to the marine environment, and methods for marking gear used in specific fisheries to enhance the tracking, recovery, and identification of lost and discarded gear; and ``(B) development of effective nonregulatory measures and incentives to cooperatively reduce the volume of lost and discarded fishing gear and to aid in its recovery; and ``(4) undertake outreach and education of the public and other stakeholders on sources of marine debris, threats associated with marine debris, and approaches to identify, determine sources of, assess, prevent, reduce, and remove marine debris and its adverse impacts on the United States economy, the marine environment, and navigational safety, including outreach and education activities through public- private initiatives.''. (c) Repeal.--Section 2204 of the Marine Plastic Pollution Research and Control Act of 1987 and the item relating to that section in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 (33 U.S.C. 1915) are repealed. (d) Grant Criteria and Guidelines.--Section 3(c) (33 U.S.C. 1952(c)) is amended-- (1) in paragraph (1), by striking ``section 2(1)'' and inserting ``section 2''; (2) by repealing paragraph (5); and (3) by redesignating paragraphs (6) and (7) as paragraphs (5) and (6). SEC. 6. REPEAL OF OBSOLETE PROVISIONS. Section 4 (33 U.S.C. 1953) is amended-- (1) by striking ``(a) Strategy.--''; and (2) by repealing subsections (b) and (c). SEC. 7. AMENDMENTS TO DEFINITIONS. (a) Interagency Marine Debris Coordinating Committee.-- (1) In general.--Except as provided in subsection (b), section 2203 of the Marine Plastic Pollution Research and Control Act of 1987 (33 U.S.C. 1914) is redesignated and moved to replace and appear as section 5 of the Marine Debris Research, Prevention, and Reduction Act (33 U.S.C. 1954). (2) Clerical amendment.--The item relating to section 2203 in the table of contents contained in section 2 of the United States-Japan Fishery Agreement Approval Act of 1987 is repealed. (b) Biennial Progress Reports.--Section 5(c)(2) (33 U.S.C. 1954(c)(2)), as in effect immediately before the enactment of this Act-- (1) is redesignated as subsection (e) of section 5, as redesignated and moved by the amendment made by subsection (a) of this section; and (2) is amended-- (A) by striking ``Annual progress reports.--'' and all that follows through ``thereafter'' and inserting ``Biennial Progress Reports.--Bienially''; (B) by inserting ``Natural'' before ``Resources''; (C) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5) of such subsection; and (D) by moving such subsection 2 ems to the left. SEC. 8. CONFIDENTIALITY OF SUBMITTED INFORMATION. Section 6(2) (33 U.S.C. 1955(2)) is amended by striking ``by the fishing industry''. SEC. 9. MARINE DEBRIS DEFINITION. Section 7 (33 U.S.C. 1956) is amended-- (1) by redesignating paragraph (3) as paragraph (9), and moving such paragraph to appear after paragraph (8); and (2) by inserting after paragraph (2) the following: ``(3) Marine debris.--The term `marine debris' means any persistent solid material that is manufactured or processed and directly or indirectly, and intentionally or unintentionally, disposed of or abandoned into the marine environment or the Great Lakes.''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. Section 9 (33 U.S.C. 1958) is amended-- (1) by striking ``are'' and inserting ``is''; (2) by striking ``2006 through 2010'' and all that follows through ``(1)'' and inserting ``through fiscal year 2015''; (3) in paragraph (1), by striking ``$10,000,000'' and inserting ``$4,900,000''; and (4) by striking ``; and'' and all that follows through the end of paragraph (2) and inserting a period. Passed the House of Representatives August 1, 2012. Attest: KAREN L. HAAS, Clerk. | Marine Debris Act Reauthorization Amendments of 2012 - Reauthorizes appropriations through FY2015 for, and revises provisions of, the Marine Debris Research, Prevention, and Reduction Act. (Sec. 3) Renames such Act as the Marine Debris Act. Replaces provisions establishing within the National Oceanic and Atmospheric Administration (NOAA) the Marine Debris Prevention and Removal Program with provisions establishing the Marine Debris Program to identify, determine sources of, assess, prevent, reduce, and remove the occurrence and adverse impacts of marine debris on the U.S. economy, the marine environment, and navigation safety. (Sec. 5) Revises Program components, including by requiring the Administrator of NOAA to provide national and regional coordination to assist states, Indian tribes, and regional organizations in identification, determination of sources, assessment, prevention, reduction, and removal of marine debris. Amends the Marine Plastic Pollution Research and Control Act of 1987 to repeal the plastic pollution public education program. (Sec. 7) Replaces provisions of the Marine Debris Program concerning interagency coordination with provisions establishing the Interagency Marine Debris Coordinating Committee under the Marine Plastic Pollution Research and Control Act of 1987. Requires such Committee to submit biennial (currently annual) progress reports. (Sec. 8) Requires the Administrator to ensure the confidentiality of information submitted into the federal information clearinghouse on marine debris. (Currently, the Administrator is required to take steps to ensure the confidentiality of only such information that is submitted by the fishing industry.) (Sec. 9) Defines the term "marine debris" as any persistent solid material that is manufactured or processed and disposed of or abandoned into the marine environment or the Great Lakes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Indian Needs Assessment and Program Evaluation Act of 2001''. SEC. 2. FINDINGS, PURPOSES. (a) Findings.--Congress finds that-- (1) the United States and the Indian tribes have a unique legal and political government-to-government relationship; (2) pursuant to the Constitution, treaties, statutes, Executive orders, court decisions, and course of conduct, the United States has a trust obligation to provide certain services to Indian tribes and to Indians; (3) Federal departments and agencies charged with administering programs and providing services to, or for the benefit of, Indians have not furnished Congress with adequate information necessary to assess such programs on the needs of Indians and Indian tribes; (4) such lack of information has hampered the ability of Congress to determine the nature, type, and magnitude of such needs as well as its ability to respond to them; and (5) Congress cannot properly fulfill its obligation to Indian tribes and Indian people unless and until it has an adequate store of information related to the needs of Indians nationwide. (b) Purposes.--The purposes of this Act are to-- (1) ensure that Indian needs for Federal programs and services are known in a more certain and predictable fashion; (2) require that Federal departments and agencies carefully review and monitor the effectiveness of the programs and services provided to Indians; (3) provide for more efficient and effective cooperation and coordination of, and accountability from, the Federal departments and agencies providing programs and services, including technical and business development assistance, to Indians; and (4) provide Congress with reliable information regarding Indian needs and the evaluation of Federal programs and services provided to Indians nationwide. SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT. (a) Indian Tribal Needs Assessments.-- (1) Immediate assessment.-- (A) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall contract with an appropriate entity, in consultation and coordination with the Indian tribes, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of the Treasury, the Secretary of Transportation, the Secretary of Veterans Affairs, the Attorney General, the Administrator of the Environmental Protection Agency, and the heads of any other relevant Federal departments or agencies, for the development of a uniform method and criteria, and uniform procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians by each such department or agency. The needs assessment shall address, but not be limited to, the following: (i) The location of the service area of each program. (ii) The size of the service area of each program. (iii) The total population of each tribe located in the service area. (iv) The total population of members of other tribes located in the service area. (v) The availability of similar programs within the geographical area to tribes or tribal members. (vi) The socio-economic conditions that exist within the service area. (B) Consultation.--The contractor shall consult with tribal governments in establishing and conducting the needs assessment required under subparagraph (A). (2) Ongoing federal needs assessments.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, each Federal department or agency, in coordination with the Secretary of the Interior, shall conduct an Indian Needs Assessment (in this Act referred to as the ``INA'') aimed at determining the actual needs of Indian tribes and Indians eligible for programs and services administered by such department or agency. (B) Submission to congress.--Not later than February 1 of any year in which an INA is required to be conducted under subparagraph (A), a copy of the INA shall be submitted to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (b) Federal Agency Indian Tribal Program Evaluation.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior shall develop a uniform method and criteria, and uniform procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning-- (A) the annual expenditures of the department or agency for programs and services for which Indians are eligible, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; (B) services or programs specifically for the benefit of Indians, with specific information regarding the names of tribes who are currently participating in or receiving each service, the names of tribes who have applied for and not received programs or services, and the names of tribes whose services or programs have been terminated within the last fiscal year; and (C) the department or agency method of delivery of such services and funding, including a detailed explanation of the outreach efforts of each agency or department to Indian tribes. (2) Submission to Congress.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, each Federal department or agency responsible for providing services or programs to, or for the benefit of, Indian tribes or Indians shall file an Annual Indian Program Evaluation (in this Act referred to as the ``AIPE'') with the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate. (c) Annual Listing of Tribal Eligible Programs.--Not later than February 1 of each calendar year, each Federal department or agency described in subsection (b)(2), shall develop and publish in the Federal Register a list of all programs and services offered by such department or agency for which Indian tribes or their members are or may be eligible, and shall provide a brief explanation of the program or service. (d) Confidentiality.--Any information received, collected, or gathered from Indian tribes concerning program function, operations, or need in order to conduct an INA or an AIPE shall be used only for the purposes of this Act set forth in section 2(b). SEC. 4. REPORT TO CONGRESS. (a) In General.--Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall develop and submit to the Committee on Appropriations and the Committee on Resources of the House of Representatives and the Committee on Appropriations and the Committee on Indian Affairs of the Senate a report detailing the coordination of Federal program and service assistance for which Indian tribes and their members are eligible. (b) Strategic Plan.--Not later than 30 months after the date of enactment of this Act, the Secretary of the Interior, in consultation and coordination with the Indian tribes, shall file a Strategic Plan for the Coordination of Federal Assistance for Indians (in this Act referred to as the ``Strategic Plan''). (c) Contents of Strategic Plan.--The Strategic Plan required under subsection (b) shall contain the following: (1) Identification of reforms necessary to the laws, regulations, policies, procedures, practices, and systems of the Federal departments or agencies involved. (2) Proposals for implementing the reforms identified in the Strategic Plan. (3) Any other recommendations that are consistent with the purposes of this Act set forth in section 2(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for fiscal year 2002 and each fiscal year thereafter, such sums as are necessary to carry out this Act. | Indian Needs Assessment and Program Evaluation Act of 2001 - Directs the Secretary of the Interior to contract with an appropriate entity to develop a uniform method, criteria, and procedures for determining, analyzing, and compiling the program and service assistance needs of Indian tribes and Indians nationwide.Requires Federal departments and agencies to conduct Indian Needs Assessments aimed at determining the actual needs of tribes and Indians eligible for programs and services administered by such departments and agencies.Directs the Secretary to develop a uniform method, criteria, and procedures for compiling, maintaining, keeping current, and reporting to Congress all information concerning: (1) Federal annual expenditures for programs and services for which Indians are eligible; (2) services or programs specifically for the benefit of Indians; and (3) Federal methods of delivery of services and funding.Requires Federal departments and agencies responsible for providing services or programs to or for the benefit of tribes or Indians to: (1) file Annual Indian Program Evaluations with specified congressional committees; and (2) publish annual listings in the Federal Register of all agency programs and services for which Indian tribes may be eligible.Directs the Secretary to file a Strategic Plan for the Coordination of Federal Assistance for Indians. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kidney Disease Educational Benefits Act of 2002''. SEC. 2. MEDICARE COVERAGE OF KIDNEY DISEASE EDUCATION SERVICES. (a) Coverage of Kidney Disease Education Services.-- (1) In general.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 105 of the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000 (114 Stat. 2763A-471), as enacted into law by section 1(a)(6) of Public Law 106-554, is amended-- (A) in subsection (s)(2)-- (i) in subparagraph (U), by striking ``and'' at the end; (ii) in subparagraph (V)(iii), by adding ``and'' at the end; and (iii) by adding at the end the following new subparagraph: ``(W) kidney disease education services (as defined in subsection (ww));''; and (B) by adding at the end the following new subsection: ``Kidney Disease Education Services ``(ww)(1) The term `kidney disease education services' means educational services that are-- ``(A) furnished to an individual with kidney disease who, according to accepted clinical guidelines identified by the Secretary, will require dialysis or a kidney transplant; ``(B) furnished, upon the referral of the physician managing the individual's kidney condition, by a qualified person (as defined in paragraph (2)); and ``(C) designed-- ``(i) to provide comprehensive information regarding-- ``(I) the management of comorbidities; ``(II) the prevention of uremic complications; and ``(III) each option for renal replacement therapy (including peritoneal dialysis, hemodialysis in a center or at home (including vascular access options), and transplantation); and ``(ii) to ensure that the individual has the opportunity to actively participate in the choice of therapy. ``(2) The term `qualified person' means-- ``(A) a physician (as described in subsection (r)(1)); ``(B) an individual who-- ``(i) is-- ``(I) a registered nurse; ``(II) a registered dietitian or nutrition professional (as defined in subsection (vv)(2)); ``(III) a clinical social worker (as defined in subsection (hh)(1)); or ``(IV) a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in section 1861(aa)(5)); and ``(ii) meets such requirements related to experience and other qualifications that the Secretary finds necessary and appropriate for furnishing the services described in paragraph (1); or ``(C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who-- ``(i) provide the services described in paragraph (1); and ``(ii) meet the requirements of subparagraph (A) or (B). ``(3) The Secretary shall develop the requirements under paragraph (2)(B)(ii) after consulting with physicians, health educators, professional organizations, accrediting organizations, kidney patient organizations, dialysis facilities, transplant centers, network organizations described in section 1881(c)(2), and other knowledgeable persons. ``(4) In promulgating regulations to carry out this subsection, the Secretary shall ensure that such regulations ensure that each beneficiary who is entitled to kidney disease education services under this title receives such services in a timely manner that ensures that the beneficiary receives the maximum benefit of those services. ``(5) The Secretary shall monitor the implementation of this subsection to ensure that beneficiaries who are eligible for kidney disease education services receive such services in the manner described in paragraph (4). ``(6) Not later than April 1, 2003, and annually thereafter, the Secretary shall submit to Congress a report on the number of medicare beneficiaries who are entitled to kidney disease education services (as defined in paragraph (1)) and who receive such services, together with such recommendations for legislative and administrative action as the Secretary determines to be appropriate to fulfill the legislative intent that resulted in the enactment of this subsection.''. (2) Payment under physician fee schedule.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``, (2)(W)'', after ``(2)(S)''. (3) Payment to renal dialysis facilities.--Section 1881(b) of the Social Security Act (42 U.S.C. 1395rr(b)) is amended by adding at the end the following new paragraph: ``(12) For purposes of paragraph (7), the single composite weighted formulas determined under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ww)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848.''. (b) Effective Date.--The amendments made by this section shall apply to services furnished on or after the date that is 6 months after the date of enactment of this Act. | Kidney Disease Educational Benefits Act of 2002 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act of 2000, to provide coverage for kidney disease education services furnished, upon the managing physician's referral, to an individual with kidney disease who will require dialysis or a kidney transplant. Requires such services to: (1) impart comprehensive information regarding management, prevention, and options regarding treatment of kidney disease; and (2) ensure that such individuals have the opportunity to participate actively in the choice of therapy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety and Protection Investment Act of 2003''. SEC. 2. BUSINESS DEDUCTION FOR PURCHASE AND INSTALLATION OF SECURITY DEVICES. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179A the following new section: ``SEC. 179B. SECURITY DEVICE PURCHASES. ``(a) Allowance of Deduction.--A taxpayer may elect to treat the cost of any qualifying security device as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such device is placed in service. ``(b) Definitions.--For purposes of this section-- ``(1) Qualifying security device.--The term `qualifying security device' means a security device (to which section 168 applies) which is acquired by purchase (as defined in section 179(d)(2)) and which is installed or placed in service in a building which is owned or occupied by the taxpayer and which is located in the United States. ``(2) Security device.--The term `security device' means any of the following: ``(A) An electronic access control device or system. ``(B) Biometric identification or verification device or system. ``(C) Closed-circuit television or other surveillance and security cameras and equipment. ``(D) Locks for doors and windows, including tumbler, key, and numerical or other coded devices. ``(E) Computers and software used to combat cyberterrorism. ``(F) Electronic alarm systems to provide detection notification and off-premises transmission of an unauthorized entry, attack, or fire. ``(G) An electronic device capable of tracking or verifying the presence of assets. ``(H) High efficiency air filtering systems. ``(I) Mechanical and non-mechanical vehicle arresting barricades. ``(J) Metal detectors. ``(K) Signal repeating devices for emergency response personnel wireless communication systems. ``(L) Components, wiring, system displays, terminals, auxiliary power supplies, computer systems, software, networking infrastructure and other equipment necessary or incidental to the operation of any item described in any of the preceding subparagraphs. ``(3) Building.--The term `building' includes any structure or part of a structure used for commercial, retail, or business purposes. ``(c) Special Rules.-- ``(1) Basis reduction.--For purposes of this subtitle, if a deduction is allowed under this section with respect to the purchase of a qualifying security device, the basis of such device shall be reduced by the amount of the deduction so allowed. ``(2) Certain rules to apply.--Rules similar to the rules of section 179(b)(3), section 179(c), and paragraphs (3), (4), (8), and (10) of section 179(d), shall apply for purposes of this section.''. (b) Conforming and Clerical Amendments.-- (1) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'', and by inserting after subparagraph (H) the following new subparagraph: ``(I) expenditures for which a deduction is allowed under section 179B.''. (2) Section 312(k)(3)(B) of such Code is amended by striking ``or 179A'' each place it appears in the heading and text and inserting ``, 179A, or 179B''. (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting ``, and'', and by inserting after paragraph (28) the following new paragraph: ``(29) to the extent provided in section 179B(d)(1),''. (4) Section 1245(a) of such Code is amended by inserting ``179B,'' after ``179A,'' both places it appears in paragraphs (2)(C) and (3)(C). (5) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179A the following new item: ``Sec. 179B. Security device purchases.''. (c) Effective Date.--The amendments made by this Act shall apply to taxable years ending after the date of the enactment of this Act. | Public Safety and Protection Investment Act of 2003 - Amends the Internal Revenue Code to allow businesses to expense the costs of purchasing and installing qualifying security devices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Center for Social Work Research Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Social workers focus on the improvement of individual and family functioning and the creation of effective health and mental health prevention and treatment interventions in order for individuals to become more productive members of society. (2) Social workers provide front line prevention and treatment services in the areas of school violence, aging, teen pregnancy, child abuse, domestic violence, juvenile crime, and substance abuse, particularly in rural and underserved communities. (3) Social workers are in a unique position to provide valuable research information on these complex social concerns, taking into account a wide range of social, medical, economic and community influences from an interdisciplinary, family- centered and community-based approach. SEC. 3. ESTABLISHMENT OF NATIONAL CENTER FOR SOCIAL WORK RESEARCH. Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.), as amended by title I of Public Law 106-525, is amended-- (1) in section 401(b)(2) (42 U.S.C. 281(b)(2)), by adding at the end the following: ``(H) The National Center for Social Work Research.''; and (2) in part E (42 U.S.C. 287 et seq.), by adding at the end the following: ``Subpart 7--National Center for Social Work Research ``SEC. 485J. PURPOSE OF CENTER. ``The general purpose of the National Center for Social Work Research (referred to in this subpart as the `Center') is the conduct and support of, and dissemination of targeted research on social work methods and outcomes related to problems of significant social concern. The Center shall promote research and training designed to inform social work practice, thus increasing the knowledge base which promotes a healthier America. In addition, the Center shall provide policymakers with empirically-based research information to better understand complex social issues and make informed funding decisions about service effectiveness and cost efficiency. ``SEC. 485K. SPECIFIC AUTHORITIES. ``(a) In General.--To carry out the purpose described in section 485J, the Director of the Center may provide research training and instruction and establish, in the Center and in other nonprofit institutions, research traineeships and fellowships in the study and investigation of the prevention of disease, health promotion, the association of socioeconomic status, gender, ethnicity, age, and geographical location and health, the social work care of persons with and families of individuals with acute and chronic illnesses, child abuse, neglect, and youth violence, and child and family care to address problems of significant social concern especially in underserved populations and underserved geographical areas. ``(b) Stipends and Allowances.--The Director of the Center may provide individuals receiving training and instruction or traineeships or fellowships under subsection (a) with such stipends and allowances (including amounts for travel and subsistence and dependency allowances) as the Director determines necessary. ``(c) Grants.--The Director of the Center may make grants to nonprofit institutions to provide training and instruction and traineeships and fellowships under subsection (a). ``SEC. 485L. ADVISORY COUNCIL. ``(a) Duties.-- ``(1) In general.--The Secretary shall establish an advisory council for the Center that shall advise, assist, consult with, and make recommendations to the Secretary and the Director of the Center on matters related to the activities carried out by and through the Center and the policies with respect to such activities. ``(2) Gifts.--The advisory council for the Center may recommend to the Secretary the acceptance, in accordance with section 231, of conditional gifts for study, investigations, and research and for the acquisition of grounds or construction, equipment, or maintenance of facilities for the Center. ``(3) Other duties and functions.--The advisory council for the Center-- ``(A)(i) may make recommendations to the Director of the Center with respect to research to be conducted by the Center; ``(ii) may review applications for grants and cooperative agreements for research or training and recommend for approval applications for projects that demonstrate the probability of making valuable contributions to human knowledge; and ``(iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the Center; ``(B) may collect, by correspondence or by personal investigation, information relating to studies that are being carried out in the United States or any other country and, with the approval of the Director of the Center, make such information available through appropriate publications; and ``(C) may appoint subcommittees and convene workshops and conferences. ``(b) Membership.-- ``(1) In general.--The advisory council shall be composed of the ex officio members described in paragraph (2) and not more than 18 individuals to be appointed by the Secretary under paragraph (3). ``(2) Ex officio members.--The ex officio members of the advisory council shall include-- ``(A) the Secretary of Health and Human Services, the Director of NIH, the Director of the Center, the Chief Social Work Officer of the Veterans' Administration, the Assistant Secretary of Defense for Health Affairs, the Associate Director of Prevention Research at the National Institute of Mental Health, the Director of the Division of Epidemiology and Services Research, the Assistant Secretary of Health and Human Services for the Administration for Children and Families, the Assistant Secretary of Education for the Office of Educational Research and Improvement, the Assistant Secretary of Housing and Urban Development for Community Planning and Development, and the Assistant Attorney General for Office of Justice Programs (or the designees of such officers); and ``(B) such additional officers or employees of the United States as the Secretary determines necessary for the advisory council to effectively carry out its functions. ``(3) Appointed members.--The Secretary shall appoint not to exceed 18 individuals to the advisory council, of which-- ``(A) not more than two-thirds of such individual shall be appointed from among the leading representatives of the health and scientific disciplines (including public health and the behavioral or social sciences) relevant to the activities of the Center, and at least 7 such individuals shall be professional social workers who are recognized experts in the area of clinical practice, education, policy, or research; and ``(B) not more than one-third of such individuals shall be appointed from the general public and shall include leaders in fields of public policy, law, health policy, economics, and management. The Secretary shall make appointments to the advisory council in such a manner as to ensure that the terms of the members do not all expire in the same year. ``(4) Compensation.--Members of the advisory council who are officers or employees of the United States shall not receive any compensation for service on the advisory council. The remaining members shall receive, for each day (including travel time) they are engaged in the performance of the functions of the advisory council, compensation at rates not to exceed the daily equivalent of the annual rate in effect for an individual at grade GS-18 of the General Schedule. ``(c) Terms.-- ``(1) In general.--The term of office of an individual appointed to the advisory council under subsection (b)(3) shall be 4 years, except that any individual appointed to fill a vacancy on the advisory council shall serve for the remainder of the unexpired term. A member may serve after the expiration of the member's term until a successor has been appointed. ``(2) Reappointments.--A member of the advisory council who has been appointed under subsection (b)(3) for a term of 4 years may not be reappointed to the advisory council prior to the expiration of the 2-year period beginning on the date on which the prior term expired. ``(3) Vacancy.--If a vacancy occurs on the advisory council among the members under subsection (b)(3), the Secretary shall make an appointment to fill that vacancy not later than 90 days after the date on which the vacancy occurs. ``(d) Chairperson.--The chairperson of the advisory council shall be selected by the Secretary from among the members appointed under subsection (b)(3), except that the Secretary may select the Director of the Center to be the chairperson of the advisory council. The term of office of the chairperson shall be 2 years. ``(e) Meetings.--The advisory council shall meet at the call of the chairperson or upon the request of the Director of the Center, but not less than 3 times each fiscal year. The location of the meetings of the advisory council shall be subject to the approval of the Director of the Center. ``(f) Administrative Provisions.--The Director of the Center shall designate a member of the staff of the Center to serve as the executive secretary of the advisory council. The Director of the Center shall make available to the advisory council such staff, information, and other assistance as the council may require to carry out its functions. The Director of the Center shall provide orientation and training for new members of the advisory council to provide such members with such information and training as may be appropriate for their effective participation in the functions of the advisory council. ``(g) Comments and Recommendations.--The advisory council may prepare, for inclusion in the biennial report under section 485M-- ``(1) comments with respect to the activities of the advisory council in the fiscal years for which the report is prepared; ``(2) comments on the progress of the Center in meeting its objectives; and ``(3) recommendations with respect to the future direction and program and policy emphasis of the center. The advisory council may prepare such additional reports as it may determine appropriate. ``SEC. 485M. BIENNIAL REPORT. ``The Director of the Center, after consultation with the advisory council for the Center, shall prepare for inclusion in the biennial report under section 403, a biennial report that shall consist of a description of the activities of the Center and program policies of the Director of the Center in the fiscal years for which the report is prepared. The Director of the Center may prepare such additional reports as the Director determines appropriate. The Director of the Center shall provide the advisory council of the Center an opportunity for the submission of the written comments described in section 485L(g). ``SEC. 485N. QUARTERLY REPORT. ``The Director of the Center shall prepare a quarterly report to Congress with a summary of findings and policy implications from research conducted or supported through the Center. ``SEC. 485O. AUTHORIZATION OF APPROPRIATIONS. ``For the purpose of carrying out this subpart, there is authorized to be appropriated $30,000,000 for each of the fiscal years 2002 through 2006.''. | National Center for Social Work Research Act - Amends the Public Health Service Act to establish the National Center for Social Work Research (and a related advisory council) to conduct, support, and disseminate targeted research on social work methods and outcomes related to problems of significant social concern.Sets forth reporting requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Agency Protection of Privacy Act''. SEC. 2. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY. (a) In General.--Title 5, United States Code, is amended by adding after section 553 the following new section: ``Sec. 553a. Privacy impact analysis in rulemaking ``(a) Initial Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency is required by section 553 of this title, or any other law, to publish a general notice of proposed rulemaking for any proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the agency shall prepare and make available for public comment an initial privacy impact analysis. Such analysis shall describe the impact of the proposed rule on the privacy of individuals. The initial privacy impact analysis or a summary shall be signed by the senior agency official with primary responsibility for privacy policy and be published in the Federal Register at the time of the publication of a general notice of proposed rulemaking for the rule. ``(2) Contents.--Each initial privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the proposed rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant privacy impact of the proposed rule on individuals. ``(b) Final Privacy Impact Analysis.-- ``(1) In general.--Whenever an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States, the agency shall prepare a final privacy impact analysis, signed by the senior agency official with primary responsibility for privacy policy. ``(2) Contents.--Each final privacy impact analysis required under this subsection shall contain the following: ``(A) A description and assessment of the extent to which the final rule will impact the privacy interests of individuals, including the extent to which the proposed rule-- ``(i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; ``(ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; ``(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and ``(iv) provides security for such information. ``(B) A summary of the significant issues raised by the public comments in response to the initial privacy impact analysis, a summary of the assessment of the agency of such issues, and a statement of any changes made in the proposed rule as a result of such issues. ``(C) A description of the steps the agency has taken to minimize the significant privacy impact on individuals consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the privacy interests of individuals was rejected. ``(3) Availability to public.--The agency shall make copies of the final privacy impact analysis available to members of the public and shall publish in the Federal Register such analysis or a summary thereof. ``(c) Procedure for Waiver or Delay of Completion.--An agency head may waive or delay the completion of some or all of the requirements of subsections (a) and (b) to the same extent as the agency head may, under section 608, waive or delay the completion of some or all of the requirements of sections 603 and 604, respectively. ``(d) Procedures for Gathering Comments.--When any rule is promulgated which may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that individuals have been given an opportunity to participate in the rulemaking for the rule through techniques such as-- ``(1) the inclusion in an advance notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals; ``(2) the publication of a general notice of proposed rulemaking in publications of national circulation likely to be obtained by individuals; ``(3) the direct notification of interested individuals; ``(4) the conduct of open conferences or public hearings concerning the rule for individuals, including soliciting and receiving comments over computer networks; and ``(5) the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by individuals. ``(e) Periodic Review of Rules.-- ``(1) In general.--Each agency shall carry out a periodic review of the rules promulgated by the agency that have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals. Under such periodic review, the agency shall determine, for each such rule, whether the rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. For each such determination, the agency shall consider the following factors: ``(A) The continued need for the rule. ``(B) The nature of complaints or comments received from the public concerning the rule. ``(C) The complexity of the rule. ``(D) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. ``(E) The length of time since the rule was last reviewed under this subsection. ``(F) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the rule was last reviewed under this subsection. ``(2) Plan required.--Each agency shall carry out the periodic review required by paragraph (1) in accordance with a plan published by such agency in the Federal Register. Each such plan shall provide for the review under this subsection of each rule promulgated by the agency not later than 10 years after the date on which such rule was published as the final rule and, thereafter, not later than 10 years after the date on which such rule was last reviewed under this subsection. The agency may amend such plan at any time by publishing the revision in the Federal Register. ``(3) Annual publication.--Each year, each agency shall publish in the Federal Register a list of the rules to be reviewed by such agency under this subsection during the following year. The list shall include a brief description of each such rule and the need for and legal basis of such rule and shall invite public comment upon the determination to be made under this subsection with respect to such rule. ``(f) Judicial Review.-- ``(1) In general.--For any rule subject to this section, an individual who is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(2) Jurisdiction.--Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b). ``(3) Limitations.-- ``(A) An individual may seek such review during the period beginning on the date of final agency action and ending 1 year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, such lesser period shall apply to an action for judicial review under this subsection. ``(B) In the case where an agency delays the issuance of a final privacy impact analysis pursuant to subsection (c), an action for judicial review under this section shall be filed not later than-- ``(i) 1 year after the date the analysis is made available to the public; or ``(ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. ``(4) Relief.--In granting any relief in an action under this subsection, the court shall order the agency to take corrective action consistent with this section and chapter 7, including, but not limited to-- ``(A) remanding the rule to the agency; and ``(B) deferring the enforcement of the rule against individuals, unless the court finds that continued enforcement of the rule is in the public interest. ``(5) Rule of construction.--Nothing in this subsection shall be construed to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this subsection. ``(6) Record of agency action.--In an action for the judicial review of a rule, the privacy impact analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (4), shall constitute part of the entire record of agency action in connection with such review. ``(7) Exclusivity.--Compliance or noncompliance by an agency with the provisions of this section shall be subject to judicial review only in accordance with this subsection. ``(8) Savings clause.--Nothing in this subsection bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law. ``(g) Definition.--For purposes of this section, the term `personally identifiable information' means information that can be used to identify an individual, including such individual's name, address, telephone number, photograph, social security number or other identifying information. It includes information about such individual's medical or financial condition.''. (b) Periodic Review Transition Provisions.-- (1) Initial plan.--For each agency, the plan required by subsection (e) of section 553a of title 5, United States Code (as added by subsection (a)), shall be published not later than 180 days after the date of the enactment of this Act. (2) In the case of a rule promulgated by an agency before the date of the enactment of this Act, such plan shall provide for the periodic review of such rule before the expiration of the 10-year period beginning on the date of the enactment of this Act. For any such rule, the head of the agency may provide for a 1-year extension of such period if the head of the agency, before the expiration of the period, certifies in a statement published in the Federal Register that reviewing such rule before the expiration of the period is not feasible. The head of the agency may provide for additional 1-year extensions of the period pursuant to the preceding sentence, but in no event may the period exceed 15 years. (c) Congressional Review.--Section 801(a)(1)(B) of title 5, United States Code, is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) the agency's actions relevant to section 553a;''. (d) Clerical Amendment.--The table of sections at the beginning of chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 553 the following new item: ``553a. Privacy impact analysis in rulemaking.''. Passed the House of Representatives October 7, 2002. Attest: Clerk. | Federal Agency Protection of Privacy Act - Requires Federal agencies: (1) when publishing a general notice of proposed rulemaking for any proposed rule or for an interpretative rule involving the internal revenue laws, to prepare, make available for public comment, and publish an initial analysis describing the rule's impact on the privacy of individuals; and (2) when promulgating the final rule, to prepare, make publicly available, and publish a final privacy impact analysis that includes a summary of the significant issues raised by and changes made pursuant to public comments on the initial analysis. Allows an agency head to waive or delay the completion of some or all of such requirements to the same extent such agency head may waive or delay completion of requirements for initial and final regulatory flexibility analyses.Requires the head of an agency promulgating a rule that may have a significant privacy impact on individuals or on a substantial number of individuals to use specified techniques to assure that individuals have been given an opportunity to participate in the rulemaking.Requires each agency to: (1) carry out a periodic review of promulgated rules that have such impact to determine whether each such rule can be amended or rescinded in a manner that minimizes such impact while remaining in accordance with applicable statutes; (2) carry out such review in accordance with a plan that provides for the review of each rule every ten years after the rule was published as a final rule; and (3) publish annually a list of the rules to be reviewed.Sets forth provisions governing judicial review of agency compliance with this Act.Requires submission of an agency's actions under this Act for congressional review. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``San Juan Mountains Wilderness Act of 2009''. SEC. 2. DEFINITIONS. In this Act: (1) Covered land.--The term ``covered land'' means-- (A) lands designated as wilderness under section 3 or section 4; and (B) lands designated as a special management area under section 4. (2) Nonconforming use.--The term ``nonconforming use'' means any commercial helicopter-assisted skiing or snowboarding activities within the lands designated as a special management area under section 4 that have been authorized by the Secretary as of the date of enactment of this Act. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (4) State.--The term ``State'' means the State of Colorado. SEC. 3. ADDITIONS TO THE WILDERNESS PRESERVATION SYSTEM. (a) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Certain lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,170 acres, as generally depicted on a map titled ``Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness'', dated May 2009, and which are hereby incorporated into the Lizard Head Wilderness area. (2) Certain lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 8,375 acres, as generally depicted on a map titled ``Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness'', dated May 2009, and which are hereby incorporated into the Mt. Sneffels Wilderness area. (3) Certain lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 13,224 acres, as generally depicted on a map titled ``Proposed Whitehouse Additions to the Mt. Sneffels Wilderness'', dated May 2009, and which are hereby incorporated into the Mt. Sneffels Wilderness area. (4)(A) Certain lands in the San Juan Resource Area of the Bureau of Land Management comprising approximately 8,614 acres, as generally depicted on a map titled ``Proposed McKenna Peak Wilderness'', dated May 2009, and which shall be known as the McKenna Peak Wilderness. (B) The lands designated under subparagraph (A) shall be administered as a component of the National Landscape Conservation System. (b) Map and Description.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management and in the Office of the Chief of the Forest Service, as appropriate. SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. (a) Designation.--Certain lands in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests comprising approximately 21,697 acres as generally depicted on a map titled ``Proposed Sheep Mountain Special Management Area'' and dated May 2009, are hereby designated as the Sheep Mountain Special Management Area. (b) Maps and Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the Federal land described in subsection (a) with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct typographical errors in the maps and legal descriptions. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the United States Forest Service. (c) Management.-- (1) In general.--Until Congress determines otherwise, activities within the area designated in subsection (a) shall be managed by the Secretary of Agriculture so as to maintain the area's presently existing wilderness character and potential for inclusion in the National Wilderness Preservation System. (2) Prohibitions.--The following shall be prohibited on the Federal land described in subsection (a): (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety-- (i) the use of motorized or mechanized vehicles, except as described in paragraph (3); and (ii) the establishment of temporary roads. (3) Allowable activities.--The Secretary may allow activities, including helisking, that have been authorized as of the date of the enactment of this Act to continue within the area designated in subsection (a). The designation under subsection (a) shall not impact future permit processes relating to such activities. (4) Applicable law.--Any uses of the Federal land described in subsection (a), including activities described in paragraph (3), shall be in accordance with applicable law. (d) Withdrawal.--Subject to valid existing rights, the Federal land described in subsection (a) is withdrawn from-- (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and energy leasing. (e) Designation as Wilderness.--Lands described in subsection (a) shall be designated as wilderness on the date on which the Secretary publishes in the Federal Register notice that the nonconforming use has terminated. (f) Administration as Wilderness.--Upon its designation as wilderness under subsection (e), the Sheep Mountain Special Management Area shall be-- (1) known as the Sheep Mountain Wilderness; and (2) administered in accordance with the Wilderness Act (16 U.S.C. 1133 et seq.) and section 3. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) In General.-- (1) Subject to valid rights in existence on the date of the enactment of this Act, land designated as wilderness under section 3 or section 4 shall be administered by the Secretary in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) this Act. (2) The Secretary may continue to authorize the competitive running event permitted since 1992 in the vicinity of the boundaries of the Sheep Mountain Special Management Area designated by section 4(a) and the Liberty Bell addition to the Mt. Sneffels Wilderness designated by section 3(a)(2) in a manner compatible with the preservation of such areas as wilderness. (b) Effective Date of the Wilderness Act.--With respect to land designated as wilderness under section 3 or section 4, any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act or the date of the Secretary designating the land as wilderness. (c) Fish and Wildlife.--Nothing in this Act shall affect the jurisdiction or responsibility of the State with respect to wildlife and fish. (d) No Buffer Zones.-- (1) In general.--Nothing in this Act shall create a protective perimeter or buffer zone around covered land. (2) Activities outside wilderness.--The fact that a nonwilderness activity or use can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (e) Withdrawal.--Subject to valid rights in existence on the date of the enactment of this Act, covered land is withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (f) Acquired Land.--Any land or interest in land located inside the boundaries of covered land that is acquired by the United States after the date of the enactment of this Act shall become part of the relevant wilderness or special management area and shall be managed in accordance with this Act and other applicable law. (g) Grazing.--Grazing in covered land shall be administered in accordance with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)), as further interpreted by section 108 of Public Law 96- 560, and the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-405). (h) Ames Hydroelectric Project.--The inclusion in the National Wilderness Preservation System or designation under section 4 of this Act as a Special Management Area as described in section 4 of this Act, shall not be construed to interfere with the operation and maintenance of the Ames Hydroelectric Project, as currently licensed by the Federal Energy Regulatory Commission, or as reauthorized in the future, including reasonable use of National Wilderness Preservation System lands or Special Management Area for any necessary repair or replacement of existing facilities, transport of water and aerial or land access. All means of access to the project that are currently permitted by the Secretary on the date of enactment of this Act shall be maintained. SEC. 6. WATER. (a) Findings, Purpose, and Definition.-- (1) Findings.--Congress finds that-- (A) the lands designated as wilderness or a Special Management Area by this Act are located at the headwaters of the streams and rivers on those lands, with few, if any, actual or proposed water resource facilities located upstream from such lands and few, if any, opportunities for diversion, storage, or other uses of water occurring outside such lands that would adversely affect the wilderness values of such lands; (B) the lands designated as wilderness or Special Management Area by this Act are not suitable for use for development of new water resource facilities, or for the expansion of existing facilities; and (C) therefore, it is possible to provide for proper management and protection of the wilderness value of such lands in ways different from those utilized in other legislation designating as wilderness lands not sharing the attributes of the lands designated as wilderness or Special Management Area by this Act. (2) Purpose.--The purpose of this section is to protect the wilderness values of the lands designated as wilderness or Special Management Area by this Act by means other than those based on a Federal reserved water right. (3) Definition.--As used in this section, the term ``water resource facility'' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, and transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (b) Restrictions on Rights and Disclaimer of Effect.-- (1) Water rights claims.--Neither the Secretary of Agriculture nor the Secretary of the Interior, nor any other officer, employee, representative, or agent of the United States, nor any other person, shall assert in any court or agency, nor shall any court or agency consider, any claim to or for water or water rights in the State of Colorado, which is based on any construction of any portion of this Act, or the designation of any lands as wilderness or Special Management Area by this Act, as constituting an express or implied reservation of water or water rights. (2) No affect on water rights.--Nothing in this Act shall be construed as a creation, recognition, disclaimer, relinquishment, or reduction of any water rights of the United States in the State of Colorado existing before the date of enactment of this Act. (3) No interpretation or designation.--Except as provided in subsection (g), nothing in this Act shall be construed as constituting an interpretation of any other Act or any designation made by or pursuant thereto. (4) No precedent.--Nothing in this section shall be construed as establishing a precedent with regard to any future wilderness designations. (c) New or Expanded Projects.--Notwithstanding any other provision of law, on and after the date of enactment of this Act neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the areas described in sections 3 and 4 or the enlargement of any water resource facility within the areas described in sections 3 and 4. (d) Access and Operation.-- (1) Access to water resource facilities.--Subject to the provisions of this subsection, the Secretary shall allow reasonable access to water resource facilities in existence on the date of enactment of this Act within the areas described in sections 3 and 4, including motorized access where necessary and customarily employed on routes existing as of the date of enactment of this Act. (2) Access routes.--Existing access routes within such areas customarily employed as of the date of enactment of this Act may be used, maintained, repaired, and replaced to the extent necessary to maintain their present function, design, and serviceable operation, so long as such activities have no increased adverse impacts on the resources and values of the areas described in sections 3 and 4 than existed as of the date of enactment of this Act. (3) Use of water resource facilities.--Subject to the provisions of subsections (c) and (d), the Secretary shall allow water resource facilities existing on the date of enactment of this Act within areas described in sections 3 and 4 to be used, operated, maintained, repaired, and replaced to the extent necessary for the continued exercise, in accordance with Colorado State law, of vested water rights adjudicated for use in connection with such facilities by a court of competent jurisdiction prior to the date of enactment of this Act. The impact of an existing facility on the water resources and values of the area shall not be increased as a result of changes in the adjudicated type of use of such facility as of the date of enactment of this Act. (4) Repair and maintainence.--Water resource facilities, and access routes serving such facilities, existing within the areas described in sections 3 and 4 on the date of enactment of this Act shall be maintained and repaired when and to the extent necessary to prevent increased adverse impacts on the resources and values of the areas described in sections 3 and 4. (e) Existing Projects.--Except as provided in subsections (c) and (d), the provisions of this Act related to the areas described in sections 3 and 4, and the inclusion in the National Wilderness Preservation System of the areas described in section 3 and 4, shall not be construed to affect or limit the use, operation, maintenance, repair, modification, or replacement of water resources facilities in existence on the date of enactment of this Act within the boundaries of the areas described in sections 3 and 4. (f) Monitoring and Implementation.--The Secretaries of Agriculture and the Interior shall monitor the operation of and access to water resource facilities within the areas described in sections 3 and 4 and take all steps necessary to implement the provisions of this section. (g) Interstate Compacts.--Nothing in this Act, and nothing in any previous Act designating any lands as wilderness, shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State of Colorado and other States. Except as expressly provided in this section, nothing in this Act shall affect or limit the development or use by existing and future holders of vested water rights of Colorado's full apportionment of such waters. SEC. 7. NATURITA CANYON MANAGEMENT PROVISIONS. (a) Withdrawal.--Subject to valid rights in existence on the date of the enactment of this Act, land described in subsection (b) is withdrawn from all forms of-- (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (b) Land Described.--The land to be protected under subsection (a) is the approximately 6,596 acres depicted on the map titled ``Naturita Canyon Mineral Withdrawal Area'' and dated May 2009. | San Juan Mountains Wilderness Act of 2009 - Designates specified lands in the Grand Mesa, Uncompahgre, and Gunnison National Forests and the San Juan Resource Area of the Bureau of Land Management (BLM) in Colorado as wilderness areas and components of the National Wilderness Preservation System. Designates specified lands in such National Forests and San Juan National Forest as the Sheep Mountain Special Management Area. Withdraws lands designated as wilderness or a special management area under this Act, as well as land within the Naturita Canyon Mineral Withdrawal Area, from all forms of: (1) entry, appropriation, or disposal under public land laws; (2) location, entry, and patent under mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. Sets forth provisions regarding water rights and access to and the operation of water resource facilities in lands designated as wilderness or a special management area by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``New Millennium Classrooms Act''. SEC. 2. EXPANSION OF DEDUCTION FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (a) Expansion of Computer Donations to Public Libraries.-- (1) In general.--Paragraph (6) of section 170(e) of the Internal Revenue Code of 1986 (relating to special rule for contributions of computer technology and equipment for elementary or secondary school purposes) is amended by striking ``qualified elementary or secondary educational contribution'' each place it occurs in the headings and text and inserting ``qualified computer contribution''. (2) Qualified computer contribution defined.--Subclause (II) of section 170(e)(6)(B)(i) of such Code (relating to qualified elementary or secondary educational contribution) is amended by striking ``or'' at the end of subclause (I), by inserting ``or'' at the end of subclause (II), and by inserting after subclause (II) the following new subclause: ``(III) a public library (within the meaning of section 213(2)(A) of the Library Services and Technology Act (20 U.S.C. 9122(2)(A)), as in effect on the date of the enactment of the New Millennium Classrooms Act, established and maintained by an entity described in subsection (c)(1).''. (3) Conforming amendment.--The heading of paragraph (6) of section 170(e) of such Code is amended by striking ``elementary or secondary school purposes'' and inserting ``school and library purposes''. (b) Extension of Age of Eligible Computers.--Clause (ii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended-- (1) by striking ``2 years'' and inserting ``3 years'', and (2) by striking ``date'' the first place it appears and all that follows and inserting the following: ``date-- ``(I) the taxpayer acquired or reacquired the property, ``(II) construction of the property is substantially completed in the case of property constructed by the taxpayer for its own use in its trade or business and which is not inventory with respect to the taxpayer, or ``(III) the property was originally sold, leased, or otherwise disposed of by the taxpayer in the case of property reacquired by the taxpayer.''. (c) Reacquired Computers Eligible for Donation.--Clause (iii) of section 170(e)(6)(B) of such Code (defining qualified elementary or secondary educational contribution) is amended by inserting ``, the person from whom the donor reacquires the property,'' after ``the donor''. (d) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years ending after the date of the enactment of this Act. SEC. 3. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. (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. 45D. CREDIT FOR COMPUTER DONATIONS TO SCHOOLS AND PUBLIC LIBRARIES. ``(a) General Rule.--For purposes of section 38, the school and public library computer donation credit determined under this section is an amount equal to 30 percent of the qualified computer contributions made by the taxpayer during the taxable year. ``(b) Increased Percentage for Contributions to Schools or Public Libraries in Empowerment Zones, Enterprise Communities, and Indian Reservations.--In the case of a qualified computer contribution to an educational organization, public library, or entity located in an empowerment zone or enterprise community designated under section 1391 or an Indian reservation (as defined in section 168(j)(6)), subsection (a) shall be applied by substituting `50 percent' for `30 percent'. ``(c) Limitation.--No credit shall be allowed under subsection (a) for the contribution of a computer (as defined in section 168(i)(2)(B)(ii)) if the computer software (as defined in section 197(e)(3)(B)) that serves as the operating system of such computer has not been lawfully installed. ``(d) Qualified Computer Contribution.--For purposes of this section, the term `qualified computer contribution' has the meaning given such term by section 170(e)(6)(B). ``(e) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of paragraphs (1) and (2) of section 41(f) shall apply. ``(f) Termination.--This section shall not apply to taxable years beginning on or after the date which is 3 years after the date of the enactment of the New Millennium Classrooms Act.'' (b) Current Year Business Credit Calculation.--Section 38(b) of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the school and public library computer donation credit determined under section 45D(a).''. (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for School and Public Library Computer Donations.--No deduction shall be allowed for that portion of the qualified computer contributions (as defined in section 170(e)(6)(B)) made during the taxable year that is equal to the amount of credit determined for the taxable year under section 45D(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Limitation on Carryback.--Subsection (d) of section 39 of such Code (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of school and public library computer donation credit before effective date.--No amount of unused business credit available under section 45D may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45C the following: ``Sec. 45D. Credit for computer donations to schools and public libraries.'' (f) Effective Date.--The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. | New Millennium Classrooms Act - Amends the Internal Revenue Code to: (1) expand the tax deduction for computer donations by corporations to tax-exempt schools to include donations to public libraries; (2) increase from two to three years the age of computers that can be contributed for such deduction; and (3) allow a business tax credit of 30 percent of the value of computers donated to tax-exempt schools and public libraries. Increases the amount of such credit to 50 percent for contributions to schools or public libraries in empowerment zones, enterprise communities, and Indian reservations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``New Options Petroleum Energy Conservation Act of 2007''. SEC. 2. CLIMATE NEUTRAL COMBUSTION CREDIT. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of credit) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by adding at the end the following new paragraph: ``(5) the climate neutral combustion credit.''. (b) Amount of Credit.--Subpart E of part IV of subchapter A of chapter 1 of such Code (relating to rules for computing investment credit) is amended by inserting after section 48B the following new section: ``SEC. 48C. CLIMATE NEUTRAL COMBUSTION CREDIT. ``(a) In General.--For purposes of section 46, the climate neutral combustion credit for any taxable year is an amount equal to 20 percent of the qualified investment for such taxable year. ``(b) Qualified Investment.-- ``(1) In general.--For purposes of subsection (a), the qualified investment for any taxable year is the basis of any property placed in service by the taxpayer during such taxable year which is part of a climate neutral combustion facility-- ``(A)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and ``(B) with respect to which depreciation (or amortization in lieu of depreciation) is allowable. ``(2) Special rule for certain subsidized property.--Rules similar to section 48(a)(4) shall apply for purposes of this section. ``(3) Certain qualified progress expenditures rules made applicable.--Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section. ``(c) Climate Neutral Combustion Facility.--For purposes of this section, the term `climate neutral combustion facility' means any facility which-- ``(1) burns matter to produce electricity, ``(2) captures the carbon dioxide released during combustion and uses such carbon dioxide to recover hydrocarbon fuel from below ground, and ``(3) produces no atmospheric emissions of mercury or greenhouse gasses and no emissions that form fine particulate, smog, or acid rain. ``(d) Denial of Double Benefit.--A credit shall not be allowed under this section for any qualified investment for which a credit is allowed under section 48A or 48B.''. (c) Conforming Amendments.-- (1) Section 49(a)(1)(C) of such Code is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) the basis of any property which is part of a qualifying climate neutral combustion facility.''. (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48B the following new item: ``Sec. 48C. Climate neutral combustion credit.''. (d) Effective Date.--The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 3. EXTENSION OF ENERGY CREDIT FOR SOLAR ENERGY PROPERTY. (a) In General.--Paragraph (2)(A)(i)(II) and paragraph (3)(A)(ii) of section 48(a) of the Internal Revenue Code of 1986 (relating to energy credit) are each amended by striking ``2009'' and inserting ``2013''. (b) Effective Date.--The amendments made by this section shall apply to periods after December 31, 2008, in taxable years ending after such date, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). SEC. 4. EXTENSION OF CREDIT FOR RESIDENTIAL ENERGY EFFICIENT PROPERTY. (a) In General.--Subsection (g) of section 25D of the Internal Revenue Code of 1986 is amended by striking ``2008'' and inserting ``2012''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2008. SEC. 5. PRIZE PROGRAM. The Secretary of Energy shall establish a program to award a prize in the amount of $1,000,000,000 to the first automobile manufacturer incorporated in the United States to manufacture and sell in the United States 60,000 midsized sedan automobiles which operate on gasoline and can travel 100 miles per gallon. SEC. 6. LITHIUM ION BATTERY TECHNOLOGY. There are authorized to be appropriated to the Secretary of Energy $30,000,000 for fiscal year 2007 for the development of advanced lithium ion battery technology. SEC. 7. EXPENSING OF PROPERTY USED IN THE REFINING OF ETHANOL, METHANOL, AND BIODIESEL. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 179E the following new section: ``SEC. 179F. ELECTION TO EXPENSE CERTAIN PROPERTY USED IN REFINING ETHANOL, METHANOL, AND BIODIESEL. ``(a) In General.--A taxpayer may elect to treat the cost of any qualified biofuel property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the property is placed in service. ``(b) Election.--An election under this section for any taxable year shall be made on the taxpayer's return of the tax imposed by this chapter for the taxable year. Such election shall be made in such manner as the Secretary may by regulations prescribe. Any election made under this section may not be revoked except with the consent of the Secretary. ``(c) Qualified Biofuel Property.--For purposes of this section-- ``(1) In general.--The term `qualified biofuel property' means any property-- ``(A) used for the refining of any biofuel, and ``(B) the original use of which commences with the taxpayer. ``(2) Biofuel.--The term `biofuel' means qualified methanol or ethanol fuel (as defined in section 4041(b)(2)(B)) and biodiesel (as defined in section 40A(d)). ``(d) Dual Use Property.--In the case of any property which is used for the refining of any biofuel and for any other use, the cost of such property taken into account under subsection (a) shall be reduced by an amount which bears the same ratio to the cost of such property as such other uses bears to all uses of such property. ``(e) Coordination With 50 Percent Expensing of Refineries.-- Section 179C shall not apply to any property taken into account under subsection (a). ``(f) Recapture.--Rules similar to the rules of section 179(d)(10) shall apply with respect to any property which ceases to be qualified biofuel property.''. (b) Conforming Amendments.-- (1) Section 1245(a) of such Code is amended by inserting ``179F,'' after ``179E,'' both places it appears in paragraphs (2)(C) and (3)(C). (2) Section 263(a)(1) of such Code is amended by striking ``or'' at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting ``, or'', and by inserting after subparagraph (L) the following new subparagraph: ``(M) expenditures for which a deduction is allowed under section 179F.''. (3) Section 312(k)(3)(B) of such Code is amended by striking ``or 179E'' each place it appears in the heading and text and inserting ``179E, or 179F''. (4) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 179E the following new item: ``Sec. 179F. Election to expense certain property used in refining ethanol, methanol, and biodiesel.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | New Options Petroleum Energy Conservation Act of 2007 - Amends the Internal Revenue Code to allow a tax credit for investment in a climate neutral combustion facility. Defines "climate neutral combustion facility" as any facility which: (1) burns matter to produce electricity; (2) captures and uses carbon dioxide released during combustion to recover hydrocarbon fuel; and (3) produces no emissions of mercury or greenhouse gasses and no emissions that form fine particulate, smog, or acid rain. Extends through 2012 the tax credits for investment in solar energy property and for residential energy efficient property expenditures. Directs the Secretary of Energy to establish a program to award $1 billion to the first U.S. automobile manufacturer who manufactures and sells in the United States 60,000 midsized sedans which operate on gasoline and can travel at 100 miles per gallon. Authorizes appropriations for the development of advanced lithium ion battery technology. Allows a taxpayer election to expense biofuel refining property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Leadership Asset Transparency Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Iran is characterized by high levels of official and institutional corruption, and substantial involvement by Iran's security forces, particularly the Islamic Revolutionary Guard Corps (in this Act referred to as the ``IRGC''), in the economy. (2) Many members of Iran's senior political and military leadership have acquired significant personal and institutional wealth by using their positions to secure control of significant portions of Iran's national economy. (3) Sanctions relief provided through the Joint Comprehensive Plan of Action has resulted in the removal of many Iranian entities that are tied to governmental corruption from the list of entities sanctioned by the United States. (4) The Department of the Treasury in 2011 designated Iran's financial sector as a jurisdiction of primary money laundering concern under section 5318A of title 31, United States Code, stating ``Treasury has for the first time identified the entire Iranian financial sector; including Iran's Central Bank, private Iranian banks, and branches, and subsidiaries of Iranian banks operating outside of Iran as posing illicit finance risks for the global financial system.''. (5) Iran continues to be listed by the Financial Action Task Force (in this section referred to as ``FATF'') among the ``high-risk and non-cooperative jurisdictions'', jurisdictions that FATF perceives to be non-cooperative in the global fight against terrorist finance and money laundering. (6) Iran and North Korea are the only countries listed by the FATF as ``high-risk and non-cooperative jurisdictions'' against which countries that are members of FATF should take measures. (7) The Transparency International index of perceived public corruption ranks Iran 131st out of 176 countries surveyed. (8) The Department of State identified Iran as a ``major money-laundering country'' in its International Narcotics Control Strategy Report for 2016. (9) The Department of State currently identifies Iran, along with North Korea, Sudan, and Syria, as a state sponsor of terrorism, for ``having repeatedly provided support for acts of international terrorism''. (10) The Department of State's Country Reports on Terrorism for 2014, noted that ``Iran continued to sponsor terrorist groups around the world, principally through its Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF). These groups included Lebanese Hizballah, several Iraqi Shia militant groups, Hamas, and Palestine Islamic Jihad. Iran, Hizballah, and other Shia militia continued to provide support to the Asad regime, dramatically bolstering its capabilities, prolonging the civil war in Syria, and worsening the human rights and refugee crisis there.''. (11) The Government of Iran's tolerance of corruption and nepotism in business limits opportunities for foreign and domestic investment, particularly given the significant involvement of the IRGC in many sectors of Iran's economy. (12) The IRGC and the leadership-controlled bonyads (foundations) control an estimated \1/3\ of Iran's total economy, including large portions of Iran's telecommunications, construction, and airport and port operations. These operations give the IRGC and bonyads vast funds to support terrorist organizations such as Hezbollah and Hamas. (13) By gaining control of major economic sectors, the IRGC and bonyads have also served to further disadvantage the average citizen of Iran. SEC. 3. REPORT RELATING TO ASSETS OF IRANIAN LEADERS AND SENIOR POLITICAL FIGURES. (a) In General.--Not later than 270 days after the date of the enactment of this Act, and annually thereafter (or more frequently if the Secretary of the Treasury determines it appropriate based on new information received by the Secretary) for the following 2 years, the Secretary of the Treasury shall, in furtherance of the Secretary's efforts to prevent the financing of terrorism, money laundering, and related illicit finance and to make financial institutions' required compliance with sanctions more easily understood, submit to the appropriate congressional committees a report containing-- (1) the estimated total funds or other assets held in accounts at United States and foreign financial institutions that are under direct or indirect control of each individual described in subsection (b) and a description of such funds or assets; (2) an identification of any equity interest such an individual has in an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury or in any other entity with respect to which sanctions are imposed; (3) a description of how such funds or assets or equity interests were acquired, and how they have been used or employed; (4) a description of any new methods or techniques used to evade anti-money laundering and related laws, including recommendations to improve techniques to combat illicit uses of the United States financial system by individuals described in subsection (b); (5) recommendations for how United States economic sanctions against Iran may be revised to prevent the funds or other assets described in paragraph (1) from being used by individuals described in subsection (b) to contribute-- (A) to the continued development, testing, and procurement of ballistic missile technology by Iran; and (B) to human rights abuses; (6) an assessment of the impact and effectiveness of United States economic sanctions programs against Iran; (7) a description of how the Department of the Treasury assesses the impact and effectiveness of United States economic sanctions programs against Iran; and (8) recommendations for improving the ability of the Department of the Treasury to rapidly and effectively develop, implement, and enforce additional economic sanctions against Iran if so ordered by the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or any other provision of law. (b) Individuals Described.--The individuals described in this subsection are the following: (1) The Supreme Leader of Iran. (2) The President of Iran. (3) Members of the Council of Guardians. (4) Members of the Expediency Council. (5) The Minister of Intelligence and Security. (6) The Commander and the Deputy Commander of the IRGC. (7) The Commander and the Deputy Commander of the IRGC Ground Forces. (8) The Commander and the Deputy Commander of the IRGC Aerospace Force. (9) The Commander and the Deputy Commander of the IRGC Navy. (10) The Commander of the Basij-e-Mostaz'afin. (11) The Commander of the Qods Force. (12) The Commander in Chief of the Police Force. (13) The head of the IRGC Joint Staff. (14) The Commander of the IRGC Intelligence. (15) The head of the IRGC Imam Hussein University. (16) The Supreme Leader's Representative at the IRGC. (17) The Chief Executive Officer and the Chairman of the IRGC Cooperative Foundation. (18) The Commander of the Khatam-al-Anbia Construction Head Quarter. (19) The Chief Executive Officer of the Basij Cooperative Foundation. (20) The head of the Political Bureau of the IRGC. (21) The head of the Atomic Energy Organization of Iran. (c) Form of Report; Public Availability.-- (1) Form.--Each report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex. (2) Public availability.--The unclassified portion of a report required by subsection (a) shall be made available to the public and posted on a publicly available Internet website of the Department of the Treasury-- (A) in English, Farsi, Arabic, and Azeri; and (B) in precompressed, easily downloadable versions that are made available in all appropriate formats. (d) Sources of Information.--In preparing a report required by subsection (a), the Secretary of the Treasury may use any credible publication, database, web-based resource, public information compiled by any government agency, and any information collected or compiled by a nongovernmental organization or other entity provided to or made available to the Secretary, that the Secretary finds credible. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives; and (B) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate. (2) Funds.--The term ``funds'' means-- (A) cash; (B) equity; (C) any other intangible asset the value of which is derived from a contractual claim, including bank deposits, bonds, stocks, a security (as defined in section 2(a) of the Securities Act of 1933 (15 U.S.C. 77b(a))), or a security or an equity security (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))); and (D) any other asset that the Secretary determines appropriate. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that, in preparing the reports required by section 3, the Secretary of the Treasury should consider acquiring information from sources that-- (1) collect and, if necessary, translate high-veracity, official records; or (2) provide search and analysis tools that enable law enforcement agencies to have new insights into commercial and financial relationships. | Iranian Leadership Asset Transparency Act This bill requires the Department of the Treasury, in furtherance of efforts to prevent the financing of terrorism, money laundering, or related illicit finance and to make financial institutions' required compliance with sanctions more easily understood, to submit within 270 days and annually thereafter for the next two years a report regarding: the funds or other assets held in U.S. and foreign financial institutions that are directly or indirectly controlled by specified Iranian officials; any equity interest such official has in an entity on Treasury's list of specially designated nationals and blocked persons or in any other sanctioned entity; how such funds, assets, or equity interests were acquired and used; new methods used to evade anti-money laundering and related laws, including recommendations to improve techniques to combat illicit uses of the U.S. financial system by such officials. recommendations for revising U.S. economic sanctions against Iran to prevent Iranian officials from using funds or assets to develop and procure ballistic missile technology and commit human rights abuses; the effectiveness of U.S. economic sanctions against Iran and how Treasury assesses such effectiveness; and recommendations for improving Treasury's ability to develop and enforce additional economic sanctions against Iran if so ordered by the President. The unclassified portion of the report shall be made available to the public and posted on Treasury's website in downloadable English, Farsi, Arabic, and Azeri versions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Personnel War Zone Toxic Exposure Prevention Act''. SEC. 2. IDENTIFICATION OF HEALTH EFFECTS RELATED TO HAZARDOUS DISPOSAL SITE. (a) Establishment.--The Secretary of Defense shall establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site and any negative health effects that may be related to such exposure. The Secretary shall administer such system using existing medical surveillance systems. (b) Notification.--If the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, the Secretary shall-- (1) give notice of the potential exposure to-- (A) the member; (B) the commanding officer of the unit to which the member belonged at the time of potential exposure; and (C) in the case of a member of the National Guard, the Adjutant General of the State concerned; and (2) inform the member that the member may be included in the system required by subsection (a). (b) Registration.--For each member of the Armed Forces notified of a potential exposure under subsection (b), the Secretary shall collect information for purposes of the system required by subsection (a). Such information shall include-- (1) the locations that the member was deployed, including dates of such deployment; (2) the approximate distance of the living and working quarters of the member from a hazardous disposal site; (3) the types of materials disposed of at the site; (4) the length of time the member was exposed to such site; (5) any symptoms experienced by the member while deployed; (6) any symptoms the member experiences at the time of submitting such information to the Secretary; and (7) other information the Secretary considers appropriate. (c) Examination.--Not later than 30 days after the date on which the Secretary learns that a member of the Armed Forces was potentially exposed to a hazardous disposal site, and annually thereafter, the Secretary shall-- (1) provide such member-- (A) a complete physical examination; and (B) consultation and counseling with respect to the results of such physical examination; and (2) ensure that documentation of the potential exposure is placed in the medical record of the member maintained by the Department of Defense. (d) Proposed Capabilities.-- (1) Sufficiency.--The Secretary shall determine if existing medical surveillance systems are sufficient to identify all potential negative health effects resulting from exposure to a hazardous disposal site. (2) Report.--Not later than six months after the date of the enactment of this Act, the Secretary shall submit to Congress a report with any recommendations to change existing medical surveillance systems in order to improve the identification of negative health effects resulting from exposure to a hazardous disposal site. (e) Annual Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report describing-- (1) the status of implementing the system required by subsection (a); and (2) the incidences of illnesses among members of the Armed Forces notified under subsection (b) and whether such illnesses may have been caused by exposure to a hazardous disposal site. (f) Definitions.--In this section: (1) The term ``existing medical surveillance systems'' means medical surveillance systems and other data in the possession of the Secretary as of the date of the enactment of this Act. (2) The term ``exposure to a hazardous disposal site'' includes the following: (A) Exposure to the fumes emanating from a hazardous disposal site for-- (i) more than one year if the member of the Armed Forces was deployed to a military installation that made use of open pits to burn waste; or (ii) any period of time when exposure to such fumes was intensive. (B) A situation where a member of the Armed Forces with service-related health problems demonstrates significant exposure to fumes emanating from a hazardous disposal site. (3) The term ``hazardous disposal site'' means a location where hazardous methods of disposing of mass amounts of waste were used during Operation Enduring Freedom or Operations Iraqi Freedom, including the use of open pits to burn waste. (4) The term ``member of the Armed Forces'' includes former members of the Armed Forces. SEC. 3. PROHIBITION ON DISPOSAL OF WASTES IN A MANNER THAT PRODUCES DANGEROUS LEVELS OF TOXINS. (a) In General.--The Secretary of Defense shall prohibit the disposal of waste during contingency operations lasting more than six months in a manner that exposes members of the Armed Forces or civilian employees of the Department of Defense to the following: (1) Environmental toxins, including dioxin, benzene, and other carcinogens. (2) Combinations of toxins that may lead to long-term negative health effects. (3) Low levels of toxins that exceed military exposure guidelines for exposures of over one year. (b) Regulations.--Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this section. (c) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the status of waste disposal techniques used by members of the Armed Forces in Iraq and Afghanistan, including, for each military department, an assessment of the compliance with the regulations required under this section. | Military Personnel War Zone Toxic Exposure Prevention Act - Directs the Secretary of Defense to establish and administer a system to identify members of the Armed Forces who were potentially exposed to a hazardous disposal site, as well as any negative health effects that may be related to such exposure. Requires the Secretary to: (1) administer the system using existing medical surveillance systems; (2) notify a member and his or her commanding officer of a potential exposure; (3) for each member notified, collect information for purposes of the system; (4) for each member notified, annually provide a complete physical examination and related consultation and counseling; and (5) determine, and report to Congress on, whether existing surveillance systems are sufficient to identify all potential negative health effects resulting from such exposure. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``New IDEA (Illegal Deduction Elimination Act)''. SEC. 2. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT BE DEDUCTED FROM GROSS INCOME. (a) In General.--Subsection (c) of section 162 of the Internal Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other payments) is amended by adding at the end the following new paragraph: ``(4) Wages paid to or on behalf of unauthorized aliens.-- ``(A) In general.--No deduction shall be allowed under subsection (a) for any wage paid to or on behalf of an unauthorized alien, as defined under section 274A(h)(3) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). ``(B) Wages.--For the purposes of this paragraph, the term `wages' means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash. ``(C) Safe harbor.--If a person or other entity is participating in the basic pilot program described in section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to the hiring (or recruitment or referral) of an employee, subparagraph (A) shall not apply with respect to wages paid to such employee.''. (b) 6-Year Limitation on Assessment and Collection.--Subsection (c) of section 6501 of such Code (relating to exceptions) is amended by adding at the end the following new paragraph: ``(11) Deduction claimed for wages paid to unauthorized aliens.--In the case of a return of tax on which a deduction is shown in violation of section 162(c)(4), any tax under chapter 1 may be assessed, or a proceeding in court for the collection of such tax may be begun without assessment, at any time within 6 years after the return was filed.''. (c) Use of Documentation for Enforcement Purposes.--Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended-- (1) in subparagraph (b)(5), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; (2) in subparagraph (d)(2)(F), by inserting ``, section 162(c)(4) of the Internal Revenue Code of 1986,'' after ``enforcement of this Act''; and (3) in subparagraph (d)(2)(G), by inserting ``section 162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or enforcement of''. (d) Availability of Information.-- (1) In general.--The Commissioner of Social Security, the Secretary of the Department of Homeland Security, and the Secretary of the Treasury, shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens (as defined under section 274A(h)(3) of the Immigration and Nationality Act), including any no-match letter, any information in the earnings suspense file, and any information in the investigation and enforcement of section 162(c)(4) of the Internal Revenue Code of 1986. (2) Disclosure by secretary of the treasury.-- (A) In general.--Subsection (i) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(9) Payment of wages to unauthorized aliens.--Upon request from the Commissioner of the Social Security Administration or the Secretary of the Department of Homeland Security, the Secretary shall disclose to officers and employees of such Administration or Department-- ``(A) taxpayer identity information of employers who paid wages with respect to which a deduction was not allowed by reason of section 162(c)(4), and ``(B) taxpayer identity information of individuals to whom such wages were paid, for purposes of carrying out any enforcement activities of such Administration or Department with respect to such employers or individuals.''. (B) Record keeping.--Paragraph (4) of section 6103(p) of such Code is amended-- (i) by striking ``(5), or (7)'' in the matter preceding subparagraph (A) and inserting ``(5), (7), or (9)'', and (ii) by striking ``(5) or (7)'' in subparagraph (F)(ii) and inserting ``(5), (7), or (9)''. (e) Effective Date.-- (1) Except as provided in paragraph (2), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (2) The amendments made by subsections (a) and (b) shall apply to taxable years beginning after December 31, 2007. SEC. 3. MODIFICATION OF BASIC PILOT PROGRAM FOR EMPLOYMENT ELIGIBILITY VERIFICATION. (a) Making Permanent.--Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1324a note) is amended by striking the last sentence. (b) Application to Current Employees.-- (1) Voluntary election.--The first sentence of section 402(a) of such Act is amended to read as follows: ``Any person or other entity that conducts any hiring (or recruitment or referral) in a State or employs any individuals in a State may elect to participate in a pilot program.''. (2) Benefit of rebuttable presumption.--Paragraph (1) of section 402(b) of such Act is amended by adding at the end the following: ``If a person or other entity is participating in a pilot program and obtains confirmation of identity and employment eligibility in compliance with the terms and conditions of the program with respect to individuals employed by the person or entity, the person or entity has established a rebuttable presumption that the person or entity has not violated section 274A(a)(2) with respect to such individuals.''. (3) Scope of election.--Subparagraph (A) of section 402(c)(2) of such Act is amended to read as follows: ``(A) In general.--Any electing person or other entity may provide that the election under subsection (a) shall apply (during the period in which the election is in effect)-- ``(i) to all its hiring (and all recruitment or referral); ``(ii) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity); ``(iii) to all its hiring (and all recruitment or referral) in one or more States or one or more places of hiring (or recruitment or referral, as the case may be); or ``(iv) to all its hiring (and all recruitment or referral and all individuals employed by the person or entity) in one or more States or one or more place of hiring (or recruitment or referral or employment, as the case may be).''. (4) Procedures for participants in basic pilot program.-- Subsection (a) of section 403 of such Act is amended-- (A) in the matter preceding paragraph (1), by inserting ``or continued employment in the United States'' after ``United States''; and (B) in paragraph (3)-- (i) in subparagraph (A), by striking all that follows ``(as specified by the Attorney General)'' and inserting ``after the date of the hiring, or recruitment or referral, in the case of inquiries made pursuant to a hiring, recruitment or referral (and not of previously hired individuals).''; and (ii) in subparagraph (B), by striking ``such 3 working days'' and inserting ``the specified period''. | New IDEA (Illegal Deduction Elimination Act) - Amends the Internal Revenue Code to deny a tax deduction for wages and benefits paid to or on behalf of an unauthorized alien. Directs the Commissioner of Social Security and the Secretaries of Homeland Security and the Treasury to jointly establish a program to share information that may lead to the identification of unauthorized aliens. Requires the Secretary of the Treasury to provide taxpayer identity information to the Commissioner of Social Security and the Secretary of Homeland Security on employers who paid nondeductible wages to unauthorized aliens and on the aliens to whom such wages were paid. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make permanent the pilot program for verifying the employment eligibility of alien workers (E-Verify Program); (2) apply such program to current employees in addition to new hires; and (3) establish a rebuttable presumption that employers who participate in the pilot program have not violated the prohibition against continued employment of unauthorized aliens. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect and Preserve International Cultural Property Act''. SEC. 2. DEFINITION. In this Act: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. (2) Cultural property.--The term ``cultural property'' has the meaning given in Article 1(a)-1(c) of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, concluded at The Hague on May 14, 1954 (Treaty Doc. 106-1(A)). SEC. 3. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Protecting international cultural property is a vital part of United States cultural diplomacy, showing the respect of the United States for other cultures and the common heritage of humanity. (2) International cultural property has been lost, damaged, or destroyed due to political instability, armed conflict, natural disasters, and other threats. (3) In Egypt, recent political instability has led to the ransacking of its museums, resulting in the destruction of countless ancient artifacts that will forever leave gaps in humanity's record of the ancient Egyptian civilization. (4) In Iraq, after the fall of Saddam Hussein, thieves looted the Iraq Museum in Baghdad, resulting in the loss of approximately 15,000 items. These included ancient amulets, sculptures, ivories, and cylinder seals. Many of these items remain unrecovered. (5) In Syria, the ongoing civil war has resulted in the shelling of medieval cities, damage to five UNESCO World Heritage Sites, and the looting of museums and archaeological sites. Archaeological and historic sites and artifacts in Syria date back more than six millennia and include some of the earliest examples of writing. (6) In Iraq and Syria, the militant group ISIS/ISIL has destroyed cultural sites and artifacts, such as the Tomb of Jonah in July 2014, in an effort to eradicate ethnic and religious minorities from contested territories. Concurrently, cultural antiquities that escape demolition are looted and illicitly trafficked to help fund ISIS/ISIL's militant operations. (7) In Mali, the Al-Qaeda affiliated terrorist group Ansar Dine destroyed tombs and shrines in the ancient city of Timbuktu--a major center for trade, scholarship, and Islam in the 15th and 16th centuries--and threatened collections of ancient manuscripts. (8) In Afghanistan, the Taliban decreed that the Bamiyan Buddhas, ancient statues carved into a cliff side in central Afghanistan, were to be destroyed. In 2001 the Taliban carried out their threat and destroyed the statues, leading to worldwide condemnation. (9) In Cambodia, following the Khmer Rouge's seizure of power in 1975 the Khmer Rouge systematically destroyed many of Cambodia's Buddhist temples, desecrated statues, and destroyed Buddhist literature. The Khmer Rouge also destroyed mosques and nearly every Catholic church existing in the country. (10) In China, during the Cultural Revolution much of China's antiques were destroyed, including a large portion of old Beijing. Chinese authorities are now attempting to rebuild portions of China's lost architectural heritage. (11) In Haiti, the 2010 earthquake destroyed art, artifacts, and archives important to the people of Haiti, and partially destroyed the 17th century Haitian city of Jacmel. (12) The 2004 Indian Ocean earthquake and tsunami not only affected eleven countries, causing massive loss of life, but also damaged or destroyed libraries, archives, and UNESCO World Heritage Sites such as the Mahabalipuram in India, the Sun Temple of Koranak on the Bay of Bengal, and the Old Town of Galle and its Fortifications in Sri Lanka. (13) The destruction of these and other cultural properties represents an irreparable loss of humanity's common cultural heritage and is therefore a loss for all Americans. (14) The United States Armed Forces have played important roles in preserving and protecting cultural property. On June 23, 1943, President Franklin D. Roosevelt established the American Commission for the Protection and Salvage of Artistic and Historic Monuments in War Areas to provide expert advice to the military on the protection of cultural property. The Commission formed Monuments, Fine Arts, and Archives (MFAA) teams which became part of the Civil Affairs Division of Military Government Section of the Allied armies. The individuals serving in the MFAA were known as the ``Monuments Men'' and have been credited with securing, cataloguing, and returning hundreds of thousands works of art stolen by the Nazis during World War II. (15) The U.S. Committee of the Blue Shield was founded in 2006 to support the implementation of the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and to coordinate with the United States military, other branches of the United States Government, and other cultural heritage nongovernmental organizations in preserving international cultural property threatened by political instability, armed conflict, natural, or other disasters. (b) Statement of Policy.--It shall be the policy of the United States to-- (1) protect and preserve international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; (2) protect international cultural property pursuant to its obligations under the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and customary international law in all conflicts to which the United States is a party; (3) prevent, in accordance with existing laws, importation of cultural property pillaged, looted, or stolen during political instability, armed conflict, or natural or other disasters; and (4) ensure that existing laws and regulations, including import restrictions imposed through the Office of Foreign Asset Control (OFAC) of the Department of the Treasury, are fully implemented to prevent the trafficking in stolen or looted cultural property. SEC. 4. WHITE HOUSE COORDINATOR FOR INTERNATIONAL CULTURAL PROPERTY PROTECTION. The President shall appoint a White House Coordinator for International Cultural Property Protection. The Coordinator shall-- (1) coordinate and promote efforts to address international cultural property protection activities that involve multiple Federal agencies, including diplomatic activities, military activities, law enforcement activities, import restrictions, and the work of the Cultural Antiquities Task Force established pursuant to the Consolidated Appropriations Act, 2004 (Public Law 108-199); (2) submit to the appropriate congressional committees an annual report on interagency efforts to protect international cultural property based on information required under section 5 of this Act; (3) provide policy recommendations, if necessary; (4) resolve interagency differences in a timely, efficient, and effective manner; and (5) work and consult with domestic and international actors such as foreign governments, nongovernmental organizations, museums, educational institutions, research institutions, and the U.S. Committee of the Blue Shield on efforts to promote and protect international cultural property. SEC. 5. INFORMATION ON ACTIVITIES TO PROTECT INTERNATIONAL CULTURAL PROPERTY. (a) Information on Activities of the Department of State To Protect International Cultural Property.--The Secretary of State shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of State to protect international cultural property, including-- (1) activities undertaken pursuant to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, including-- (A) procedures the Department has instituted to protect international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; and (B) actions the Department has taken to protect international cultural property in conflicts to which the United States is a party; and (2) actions the Department has taken to protect international cultural property pursuant to other cultural property protection statutes, international agreements, or policies. (b) Information on Activities of USAID To Protect International Cultural Property.--The Administrator of the United States Agency for International Development (USAID) shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of USAID to protect international cultural property, including activities and coordination with other Federal agencies, international organizations, and nongovernmental organizations regarding the protection of international cultural property at risk of destruction due to political unrest, armed conflict, natural or other disasters, and USAID development programs. (c) Information on Activities of the Department of Defense To Protect International Cultural Property.--The Secretary of Defense shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of Defense to protect international cultural property, including activities undertaken pursuant to the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, other cultural protection statutes, and international agreements, including-- (1) directives, policies, and regulations the Department has instituted to protect international cultural property at risk of destruction due to political instability, armed conflict, or natural or other disasters; and (2) actions the Department has taken to protect international cultural property, including actions to avoid damage to cultural property through construction activities abroad. (d) Information on Activities of the Department of Justice To Protect International Cultural Property.--The Attorney General, in consultation with the Secretary of Homeland Security, shall submit to the White House Coordinator for International Cultural Property Protection information on efforts of the Department of Justice to protect both international cultural property and international cultural property located in, or attempted to be imported into, the United States, including activities undertaken pursuant to statutes and international agreements. Such information shall include the-- (1) statutes and regulations the Department has employed in criminal, civil, and civil forfeiture actions to prevent and interdict trafficking in stolen and smuggled cultural property, including investigations into transnational organized crime; and (2) actions the Department has taken in order to ensure the consistent and effective application of law in cases relating to both international cultural property and international cultural property located in, or attempted to be imported into, the United States. SEC. 6. AUTHORIZATION FOR FEDERAL AGENCIES TO ENGAGE IN INTERNATIONAL CULTURAL PROPERTY PROTECTION ACTIVITIES WITH THE SMITHSONIAN INSTITUTION. (a) In General.--Notwithstanding any other provision of law, the Department of State, the Department of Defense, USAID, the Department of Homeland Security, the Department of Justice, the Department of the Interior, the National Archives, the National Science Foundation, and any other agency that is involved in international cultural property protection activities are authorized to enter into agreements or memoranda of understanding with the Smithsonian Institution to temporarily engage personnel from the Smithsonian Institution for the purposes of furthering such international cultural property protection activities. (b) Salaries and Expenses.--The Federal agencies or departments specified in subsection (a) are authorized to pay the salaries and expenses of personnel from the Smithsonian Institution to assist such agencies or departments in their international cultural property protection activities, including in support of military or diplomatic missions and law enforcement efforts. SEC. 7. GRANTMAKING AUTHORIZATION FOR THE SECRETARY OF STATE FOR INTERNATIONAL CULTURAL PROPERTY PROTECTION ACTIVITIES. The Secretary of State is authorized to make grants to private individuals or organizations for the purposes of international cultural property protection activities in areas at risk of destruction due to political instability, armed conflict, or natural or other disasters. SEC. 8. EMERGENCY PROTECTION FOR SYRIAN CULTURAL PROPERTY. (a) Presidential Determination.--Notwithstanding subsection (b) of section 304 of the Convention on the Cultural Property Implementation Act (19 U.S.C. 2603) (relating to a Presidential determination that an emergency condition applies with respect to any archaeological or ethnological material of any State Party to the Convention), the President shall apply the import restrictions referred to in such section 304 with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to such Convention, except that subsection (c) of such section 304 shall not apply. Such import restrictions shall take effect not later than 60 days after the date of the enactment of this Act. (b) Definitions.--In this section-- (1) the term ``archaeological or ethnological material of Syria'' means cultural property of Syria and other items of archaeological, historical, cultural, rare scientific, or religious importance unlawfully removed from Syria on or after August 18, 2011; and (2) the term ``State Party'' has the meaning given such term in section 302 of the Convention on the Cultural Property Implementation Act (19 U.S.C. 2601). | Protect and Preserve International Cultural Property Act - Directs the President to appoint a White House Coordinator for International Cultural Property Protection who shall coordinate and promote federal agency efforts to address international cultural property protection activities. Directs the Secretary of State (Secretary in this Act), the Administrator of the United States Agency for International Development (USAID), the Attorney General (DOJ), and the Secretary of Defense (DOD) to submit to the Coordinator information on efforts to protect international cultural property. Authorizes the Department of State, DOD, USAID, the Department of Homeland Security (DHS), DOJ, the Department of the Interior, the National Archives, the National Science Foundation, and any other appropriate agency to enter into agreements with the Smithsonian Institution to engage temporarily Smithsonian personnel to assist in international cultural property protection activities. Authorizes the Secretary to make grants to private individuals or organizations for international cultural property protection activities in areas at risk of destruction due to political instability, armed conflict, or natural or other disasters. Directs the President to apply specified import restrictions with respect to any archaeological or ethnological material of Syria as if Syria were a State Party to the Convention on prohibiting and preventing the illicit import, export, and transfer of ownership of cultural property (adopted by the General Conference of the United Nations Educational, Scientific, and Cultural Organization). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Trail Designation Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon; (2) geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (3) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail-- (A) to recognize the national significance of this phenomenon; and (B) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (b) Purpose.--The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities. SEC. 3. DEFINITIONS. In this Act: (1) Ice age floods; floods.--The term ``Ice Age floods'' or ``floods'' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana. (2) Plan.--The term ``plan'' means the cooperative management and interpretation plan authorized under section 5(e). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) Trail.--The term ``Trail'' means the Ice Age Floods National Geologic Trail designated by section 4(a). SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. (a) Designation.--In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location.-- (1) Map.--The route of the Trail shall be generally depicted on the map entitled ``Ice Age Floods National Geologic Trail,'' numbered P43/80,000 and dated June 2004. (2) Route.--The route shall generally follow public roads and highways. (3) Revision.--The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (c) Map Availability.--The map referred to in subsection (b) 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 Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Limitation.--Except as provided in subsection (f)(2), the Trail shall not be considered to be a unit of the National Park System. (c) Trail Management Office.--To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail. (d) Interpretive Facilities.--The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (e) Management Plan.-- (1) In general.--Not later than 3 years after funds are made available to carry out this Act, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (2) Consultation.--The Secretary shall prepare the plan in consultation with-- (A) State, local, and tribal governments; (B) the Ice Age Floods Institute; (C) private property owners; and (D) other interested parties. (3) Contents.--The plan shall-- (A) confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled ``Ice Age Floods, Study of Alternatives and Environmental Assessment'' (February 2001) by-- (i) locating features more accurately; (ii) improving the description of features; and (iii) reevaluating the features in terms of their interpretive potential; (B) review and, if appropriate, modify the map of the Trail referred to in section 4(b); (C) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (D) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods. (f) Cooperative Management.-- (1) In general.--In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91-383 (16 U.S.C. 1a-2(l)). (2) Authority.--For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (g) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (h) Effect on Private Property Rights.--Nothing in this Act-- (1) requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (2) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (i) Liability.--Designation of the Trail by section 4(a) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, of which not more than $12,000,000 may be used for development of the Trail. Passed the Senate November 16, 2005. Attest: EMILY J. REYNOLDS, Secretary. | Ice Age Floods National Geologic Trail Designation Act - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail in accordance with this Act. Prohibits the Trail, except as provided in this Act, from being considered a unit of the National Park System (NPS). Allows the Secretary, in order to improve management of the Trail and coordinate Trail activities with other public agencies and private entities, to establish and operate a Trail management office at a central location within the vicinity of the Trail. Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail. Authorizes the Secretary to plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with state, local, tribal, or nonprofit entities and are consistent with the cooperative management and interpretation plan. Allows the Secretary, in order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, to enter into cooperative management agreements with appropriate officials in the states of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the NPS. States that, for purposes of such authority only, the Trail be considered an NPS unit. Permits the Secretary to enter into cooperative agreements with public or private entities to carry out this Act. Specifies the effect of this Act on private property rights. Declares that designation of the Trail does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Standards Act of 2002''. SEC. 2. FINDINGS. Congress finds that-- (1) employment of private security officers in the United States is growing rapidly; (2) private security officers function as an adjunct to, but not a replacement for, public law enforcement by helping to reduce and prevent crime; (3) such private security officers protect individuals, property, and proprietary information, and provide protection to such diverse operations as banks, hospitals, research and development centers, manufacturing facilities, defense and aerospace contractors, high technology businesses, nuclear power plants, chemical companies, oil and gas refineries, airports, communication facilities and operations, office complexes, schools, residential properties, apartment complexes, gated communities, and others; (4) sworn law enforcement officers provide significant services to the citizens of the United States in its public areas, and are supplemented by private security officers; (5) the threat of additional terrorist attacks requires cooperation between public and private sectors and demands professional security officers for the protection of people, facilities, and institutions; (6) the trend in the Nation toward growth in such security services has accelerated rapidly; (7) such growth makes available more public sector law enforcement officers to combat serious and violent crimes; (8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; (9) private security officers and applicants for private security officer positions should be thoroughly screened and trained; and (10) standards are essential for the selection, training, and supervision of qualified security personnel providing security services. SEC. 3. DEFINITIONS. In this Act: (1) Employee.--The term ``employee'' includes both a current employee and an applicant for employment. (2) Authorized employer.--The term ``authorized employer'' means any person that-- (A) provides, as an independent contractor, for consideration, the services of private security officers; and (B) is authorized by the Attorney General to obtain information provided by the State or other authorized entity pursuant to this section. (3) Private security officer.-- The term ``private security officer''-- (A) means an individual who performs security services, full- or part-time, for consideration as an independent contractor or an employee, whether armed or unarmed and in uniform or plain clothes, whose primary duty is to perform security services; but (B) does not include-- (i) sworn police officers who have law enforcement powers in the State; (ii) employees whose duties are primarily internal audit or credit functions; (iii) an individual on active duty in the military service; (iv) employees of electronic security system companies acting as technicians or monitors; or (v) employees whose duties primarily involve the secure movement of prisoners. (4) Security services.--The term ``security services'' means the performance of security services as such services are defined by regulations promulgated by the Attorney General. SEC. 4. BACKGROUND CHECKS. (a) In General.-- (1) Submission of fingerprints.--An authorized employer may submit fingerprints or other means of positive identification of an employee of such employer for purposes of a background check pursuant to this Act. (2) Employee rights.-- (A) Permission.--An authorized employer shall obtain written consent from an employee to submit the request for a background check of the employee under this Act. (B) Access.--An employee shall be provided confidential access to information relating to the employee provided pursuant to this Act to the authorized employer. (3) Providing records.--Upon receipt of a background check request from an authorized employer, submitted through the State identification bureau or other entity authorized by the Attorney General, the Attorney General shall-- (A) search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation; and (B) promptly provide any identification and criminal history records resulting from the background checks to the submitting State identification bureau or other entity authorized by the Attorney General. (4) Frequency of requests.--An employer may request a background check for an employee only once every 12 months of continuous employment by that employee unless the employer has good cause to submit additional requests. (b) Regulations.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall issue such final or interim final regulations as may be necessary to carry out this Act, including-- (1) measures relating to the security, confidentiality, accuracy, use, submission, dissemination, and destruction of information and audits, and recordkeeping; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. (c) Criminal Penalty.--Whoever falsely certifies that he meets the applicable standards for an authorized employer or who knowingly and intentionally uses any information obtained pursuant to this Act other than for the purpose of determining the suitability of an individual for employment as a private security officer shall be fined not more than $50,000 or imprisoned for not more than 2 years, or both. (d) User Fees.-- (1) In general.--The Director of the Federal Bureau of Investigation may-- (A) collect fees pursuant to regulations promulgated under subsection (b) to process background checks provided for by this Act; (B) notwithstanding the provisions of section 3302 of title 31, United States Code, retain and use such fees for salaries and other expenses incurred in providing such processing; and (C) establish such fees at a level to include an additional amount to remain available until expended to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. (2) State costs.--Nothing in this Act shall be construed as restricting the right of a State to assess a reasonable fee on an authorized employer for the costs to the State of administering this Act. (e) State Opt Out.--A State may decline to participate in the background check system authorized by this Act by enacting a law providing that the State is declining to participate pursuant to this subsection. (f) State Standards and Information Provided to Employer.-- (1) Absence of state standard.--If a State participates in the background check system authorized by this Act and has no State standard for qualification to be a private security officer, the State shall notify an authorized employer whether or not an employee has been convicted of a felony, an offense involving dishonesty or false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against the person of another if the conviction occurred during the previous 10 years. (2) State standard.--If a State participates in the background check system authorized by this Act and has State standards for qualification to be a private security officer, the State shall use the information received pursuant to this Act in applying the State standard and shall notify the employer of the results. | Private Security Officer Employment Standards Act of 2002 - Permits an authorized employer of private security officers to submit fingerprints or other means of positive identification of an employee or an applicant for a background check. Requires: (1) an employer to obtain an employee's written consent to submit the background check request; and (2) that an employee be provided confidential access to information relating to the employee provided to the employer.Directs the Attorney General, upon receipt of such a request submitted through the State identification bureau or other authorized entity, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any identification and criminal history records.Limits requests to once every 12 months of continuous employment unless the employer has good cause to submit additional requests.Prescribes criminal penalties for falsely certifying compliance with applicable employer standards or for intentionally using information obtained for purposes other than determining suitability for employment as a private security officer.Authorizes: (1) the FBI Director to collect fees to process background checks; and (2) a State to opt out from participation in the background check system.Sets forth provisions regarding State notification of authorized employers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Privacy and Security Act of 2002''. TITLE I--INTERNET DOMAIN FOR MATERIAL HARMFUL TO MINORS SEC. 101. ESTABLISHMENT OF TOP-LEVEL INTERNET DOMAIN NAME. (a) NTIA Action.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall-- (1) pursuant to the authority under section II.B. of the Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers, entered into on November 25, 1998, regarding oversight of the policy for determining the circumstances under which new top-level Internet domains are added to the root system, jointly with ICANN, develop a plan in accordance with section 102 for ICANN to establish a new domain meeting the requirements in subsection (b) of this section; (2) upon completion of the plan, make the plan publicly available; and (3) enter into any memorandums of understanding, agreements, and contracts with ICANN, and any amendments to existing such memorandums, agreements, and contracts, as may be necessary to provide for ICANN to carry out the plan. (b) Requirements for New Domain.--The new domain shall be subject to the following requirements: (1) Top-level, international domain.--The new domain shall be established as a top-level, International domain having a domain name appropriate for its purpose. (2) Operator of domain.--The entity selected pursuant to section 102 to establish, operate, and maintain the new domain shall-- (A) establish, operate, and maintain the new domain in accordance with this subsection; and (B) provide for the creation of an independent board, with diverse membership, which shall be responsible for-- (i) establishing written criteria for accepting registrants for the new domain and for any limitations applicable to the new domain; and (ii) ensuring that subscription rates or fees for obtaining a name for the new domain are as minimal as possible. (3) Other requirements.--The plan developed under section 102 may include such other requirements with respect to the new domain as the National Telecommunications and Information Administration and ICANN jointly consider appropriate. SEC. 102. SELECTION OF OPERATOR OF NEW DOMAIN. (a) Application Process.--The plan under this section shall establish a process for soliciting applications for the establishment of the new domain, which process shall-- (1) commence and complete not later than 60 days after the expiration of the 30-day period referred to in section 101(a); (2) provide adequate notice to prospective applicants of-- (A) the opportunity to submit an application; and (B) the criteria for selection under subsection (b)(1); (3) include a fee for filing an application that does not exceed the minimum amount reasonably estimated by ICANN to be necessary to recover its expenses under section 101 and this section; and (4) provide for reimbursement to applicants of any amounts collected in filing fees that exceed the actual amount of expenses of ICANN under section 101 and this section. (b) Selection Process.--The plan under this section shall establish a process for selection, from applications submitted pursuant to subsection (a), of an application for the establishment of the new domain meeting the requirements under section 101(b). Such selection process shall comply with the following requirements: (1) Criteria.--The selection shall be made pursuant to written, objective criteria designed to ensure that-- (A) the new domain is established, operated, and maintained in accordance with the requirements under section 101(b); and (B) the entity selected to establish, operate, and maintain the new domain is the applicant most capable and qualified to do so. (2) Initial review.--Not later than 60 days after the completion of the application period under subsection (a)(1), ICANN shall-- (A) review and apply the selection criteria established under paragraph (1) to each application submitted; and (B) based upon such criteria, select an application and award to the applicant a contract for the establishment, operation, and maintenance of the new domain, unless ICANN determines that no applicant could minimally provide for the establishment, operation, and maintenance of the new domain in accordance with the requirements under section 101(b). (3) Second application period.--If no applicant is selected pursuant to paragraph (2), not later than 30 days after the expiration of the 60-day period under paragraph (2), ICANN shall commence another application and selection process that complies with the requirements under subsection (a) and this subsection. (4) Report.--If the second application and selection process under paragraph (3) does not result in the award of a contract for the establishment, operation, and maintenance of the new domain, not later than 30 days after the conclusion of the 60-day period under paragraph (3), ICANN shall-- (A) notify the Secretary of Commerce in writing of the failure to award a contract under paragraph (3); and (B) submit to the Secretary a report describing the application and selection process and setting forth the reasons for the failure to award the contract. (c) Full Operation.--The plan under this section shall provide for ICANN to take all actions necessary to facilitate the full operation of the new domain within six months after the award of the contract for the establishment, operation, and maintenance of the new domain. (d) Annual Oversight.--The plan under this section shall provide that ICANN shall, on an annual basis, review the actions of the entity selected to establish, operate, and maintain the new domain to ensure that such entity is complying with the requirements under section 101(b). SEC. 103. USE OF NEW DOMAIN. Commencing not later than 12 months after the establishment of the new domain under section 102, any operator of a commercial Internet web site or online service that has as its principal or primary business the making available of material that is harmful to minors shall register such web site or online service with the new domain and operate such web site or online service under the new domain. SEC. 104. LIABILITY PROTECTIONS. (a) Treatment of Publisher or Speaker.--No person or entity that operates or maintains the new domain shall be treated as the publisher or speaker of any information or material provided by another registrant under the domain. (b) Civil Liability.--No person or entity that operates or maintains the new domain shall be held liable because of-- (1) any action voluntarily taken in good faith to restrict to minors access through the new domain to, or availability through the new domain of, material that is harmful to minors; or (2) any action taken to enable or make available to registrants to the new domain or others the technical means to restrict access by minors to material described in paragraph (1). SEC. 105. ENFORCEMENT. (a) Violation.--Any person who violates section 103, or any requirement, registration criteria, or limitation applicable to a registrant to the new domain under section 101(b), shall be subject to such civil penalties as the Secretary of Commerce shall prescribe for purposes of this title. (b) Enforcement.--The Secretary shall have the power to enforce the provisions of this title, including any requirements or limitations applicable to a registrant to the new domain under section 101(b) and the imposition and collection of civil penalties under subsection (a). (c) Periodic Audits.--The Secretary shall conduct periodic audits to ensure compliance with requirements, registration criteria, and limitations applicable to the new domain under this title. SEC. 106. OUTREACH. (a) In General.--The Secretary of Commerce, acting through the National Telecommunications and Information Administration, shall carry out a program to publicize the availability of the new domain under this title. (b) Commencement.--The program under subsection (a) shall commence not later than 30 days after the date that the new domain first becomes operational and accessible by the public. SEC. 107. DEFINITIONS. In this title: (1) ICANN.--The term ``ICANN'' means the Internet Corporation for Assigned Names and Numbers. (2) Material that is harmful to minors.--The term ``material that is harmful to minors'' means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene, or that a reasonable person would find-- (A) taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (B) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (C) taking the material as a whole, lacks serious literary, artistic, political, or scientific value for minors. (3) Minor.--The term ``minor'' means any person under 17 years of age. (4) New domain.--The term ``new domain'' means the Internet domain established pursuant to this title. TITLE II--OTHER MATTERS SEC. 201. PROHIBITION ON E-MAIL OF SEXUALLY ORIENTED ADVERTISEMENTS TO MINORS WITHOUT PRESCRIBED MARKS OR NOTICE. (a) In General.--Chapter 71 of title 18, United States Code, is amended by adding at the end the following new section: ``Sec. 1471. E-mail of sexually oriented advertisements to minors ``(a) Prescription of Marks or Notices.-- ``(1) In general.--Not later than 120 days after the date of the enactment of this section, the National Institute of Standards and Technology shall prescribe marks or notices to be included in or affixed to the subject line of any e-mail that contains a sexually oriented advertisement sent to minors. ``(2) Specific requirement.--Marks or notices prescribed under paragraph (1) shall, to the extent possible, be made so that they may not be removed or altered. ``(b) Sending E-Mail Without Mark or Notice.--Whoever in the business of selling sexually oriented products or materials knowingly sends, through an instrumentality in or affecting interstate or foreign commerce, an e-mail that includes a sexually oriented advertisement but does not include a mark or notice prescribed under subsection (a) shall be fined under this title, imprisoned not more than one year, or both. ``(c) Production of Mail Matter Intended for E-Mail to Minors Without Mark or Notice.--Whoever produces, reproduces, or manufactures any sexually related mail matter, intending or knowing that such mail matter will be sent to a minor in an e-mail in violation of subsection (b)-- ``(1), shall be fined under this title, imprisoned not more than 5 years, or both, in the case of an offense which does not occur after another offense under this subsection; and ``(2) shall be fined under this title, imprisoned not more than 10 years, or both, in the case of an offense which occurs after another offense under this subsection. ``(d) Definitions.--In this section: ``(1) Minor.--The term `minor' means any individual who has not yet attained the age of 18 years. ``(2) Sexually oriented advertisement.--The term `sexually oriented advertisement' means any advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing, except that material otherwise within the definition of this paragraph shall be deemed not to constitute a sexually oriented advertisement if such material constitutes only a small and insignificant part of the whole, the remainder of which is not primarily devoted to sexual matters. ``(3) Sexually related mail matter.--The term `sexually related mail matter' means any mail matter containing a sexually oriented advertisement.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of title 18, United States Code, is amended by adding at the end the following new item: ``1471. E-mail of sexually oriented advertisements to minors.''. SEC. 202. PROHIBITION ON VIDEO VOYEURISM. (a) In General.--Chapter 71 of title 18, United States Code, as amended by section 201 of this Act, is further amended by adding at the end the following new section: ``Sec. 1472. Video voyeurism ``(a) In General.--Whoever-- ``(1) uses a camera, videotape, photo-optical, photo- electric, or other image recording device that has been transported, shipped, or received in interstate or foreign commerce to observe, view, photograph, film, or videotape for a lewd or lascivious purpose an image of another person involving actual or simulated vaginal, anal, oral, or manual sexual intercourse, masturbation, any unclothed portion of the female breast below the top of the areola, or any unclothed portion of the anus, vulva, or genitals, without the consent of such other person to such observation, viewing, photographing, filming, or videotaping; or ``(2) uses a camera, videotape, photo-optical, photo- electric, or other image recording device that has been transported, shipped, or received in interstate or foreign commerce to observe, view, photograph, film, or videotape for a lewd or lascivious purpose an image of a person under the age of 18 years involving actual or simulated vaginal, anal, oral, or manual sexual intercourse, masturbation, any unclothed portion of the female breast below the top of the areola, or any unclothed portion of the anus, vulva, or genitals, shall be punished as provided in subsection (d). ``(b) Exceptions.--Subsection (a) shall not in the case of-- ``(1) observation, viewing, photographing, filming, or videotaping for legitimate security purposes, if the material is used only for such purposes; ``(2) observation, viewing, photographing, filming, or videotaping in the course of a legitimate law enforcement or private investigation, if the material is used only for purposes of such investigation; or ``(3) the transfer of an image by-- ``(A) a telecommunications carrier engaged in the provision of a telecommunications service; ``(B) a person engaged in the business of providing an Internet access service; ``(C) a person engaged in the business of providing access to an interactive computer service; or ``(D) any other person engaged in the transmission, storage, retrieval, hosting, formatting, or transmission (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication. ``(c) Defense.--It shall be a defense to prosecution under subsection (a)(1) that the observation, viewing, photographing, filming, or videotaping in question was done in a public place where there was no reasonable expectation of privacy. ``(d) Penalties.--The penalty for an offense under subsection (a) is-- ``(1) a fine under this title, imprisonment for not more three years, or both, in the case of an offense under paragraph (1) of that subsection; and ``(2) a fine under this title, imprisonment for not more than ten years, or both, in the case of an offense under paragraph (2) of that subsection. ``(e) Seal or Destruction of Images.--The court may, upon its own motion or the motion of the Attorney General, order the following: ``(1) The seal of any images introduced as evidence in a trial for an offense under this section. ``(2) The destruction of any images held by the United States for purposes of a prosecution under this section in the event of an acquittal, dismissal, plea agreement, or decision not to prosecute. ``(3) The destruction of any images held by the United States for purposes of a prosecution under this section if prosecution is not commenced within the statute of limitations for the offense. ``(4) The destruction of any images introduced as evidence in a trial for an offense under this section that are held by the United States after conviction upon the release of the offender from incarceration for the offense.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 71 of title 18, United States Code, as amended by section 201(b) of this Act, is further amended by adding at the end the following new item: ``1472. Video voyeurism.''. SEC. 203. SEVERABILITY. If any provision of an amendment made by this title, or the application thereof to any person or circumstances, is held invalid, the remainder of the provisions of the amendments made by this title, and the applications of such provisions to other persons not similarly situated or to other circumstances, shall not be affected thereby. | Family Privacy and Security Act of 2002 - Directs the Secretary of Commerce, acting through the National Telecommunications and Information Administration, to: (1) develop, pursuant to the Memorandum of Understanding Between the U.S. Department of Commerce and the Internet Corporation for Assigned Names and Numbers (concerning the policy for determining the addition of top-level Internet domains), a plan for the Internet Corporation for Assigned Names and Numbers (ICANN) to establish a top-level international domain meeting specified requirements; (2) make the plan available to the public; and (3) enter into any necessary agreements with ICANN to carry out the plan. Provides a process for the selection of an operator of the new domain.Requires the operator of any web site or online service whose primary business is making available material that is harmful to minors to register and operate such web site or online service under the new domain.Provides: (1) liability protections for the new domain operator; (2) registration enforcement procedures; and (3) outreach requirements.Amends the Federal criminal code to require the National Institute of Standards and Technology to prescribe marks or notices to be included in or affixed to the subject line of any e-mail that contains a sexually oriented advertisement sent to minors. Imposes criminal penalties for producing or sending such e-mail without such marks or notices.Imposes criminal penalties for the use of image recording devices to observe, view, photograph, film, or videotape for lewd or lascivious purposes the image of another, including of those under 18 years of age, with exceptions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Homebuyers Act of 2009''. SEC. 2. CREDIT FOR CERTAIN HOME PURCHASES. (a) Allowance of Credit.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. CREDIT FOR CERTAIN HOME PURCHASES. ``(a) Allowance of Credit.-- ``(1) In general.--In the case of an individual who purchases a principal residence during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter an amount equal to 15 percent of the purchase price of the residence. ``(2) Allocation of credit amount.--At the election of the taxpayer, the amount of the credit allowed under paragraph (1) (after application of subsection (b)(1)) may be equally divided among the 2 taxable years beginning with the taxable year in which the purchase of the principal residence is made. ``(b) Limitations.-- ``(1) Dollar limitation.--The amount of the credit allowed under paragraph (1) shall not exceed $18,000. ``(2) Married individuals filing separately.--In the case of 2 married individuals filing separately, paragraph (1) shall be applied to each such individual by substituting `$7,500' for `$9,000'. ``(3) Other individuals.--If 2 or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed $18,000. ``(4) One-time only.-- ``(A) In general.--If a credit is allowed under this section in the case of any individual (and such individual's spouse, if married) with respect to the purchase of any principal residence, no credit shall be allowed under this section in any taxable year with respect to the purchase of any other principal residence by such individual or a spouse of such individual. ``(B) Joint purchase.--In the case of a purchase of a principal residence by or more unmarried individuals or by 2 married individuals filing separately, no credit shall be allowed under this section if a credit under this section has been allowed to any of such individuals in any taxable year with respect to the purchase of any other principal residence. ``(5) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount allowable as a credit under subsection (a) (determined without regard to this paragraph) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as-- ``(i) the excess (if any) of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $150,000 ($300,000 in the case of a joint return), bears to ``(ii) $75,000. ``(B) Modified adjusted gross income.--For purposes of subparagraph (A), the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933. ``(c) Recapture of Credit in the Case of Certain Dispositions.-- ``(1) In general.--In the event that a taxpayer-- ``(A) disposes of the principal residence with respect to which a credit was allowed under subsection (a), or ``(B) fails to occupy such residence as the taxpayer's principal residence, at any time within 60 months after the date on which the taxpayer purchased such residence, then the tax imposed by this chapter for the taxable year during which such disposition occurred or in which the taxpayer failed to occupy the residence as a principal residence shall be increased by the amount of such credit. ``(2) Exceptions.-- ``(A) Death of taxpayer.--Paragraph (1) shall not apply to any taxable year ending after the date of the taxpayer's death. ``(B) Involuntary conversion.--Paragraph (1) shall not apply in the case of a residence which is compulsorily or involuntarily converted (within the meaning of section 1033(a)) if the taxpayer acquires a new principal residence within the 2-year period beginning on the date of the disposition or cessation referred to in such paragraph. Paragraph (1) shall apply to such new principal residence during the remainder of the 60-month period described in such paragraph as if such new principal residence were the converted residence. ``(C) Transfers between spouses or incident to divorce.--In the case of a transfer of a residence to which section 1041(a) applies-- ``(i) paragraph (1) shall not apply to such transfer, and ``(ii) in the case of taxable years ending after such transfer, paragraph (1) shall apply to the transferee in the same manner as if such transferee were the transferor (and shall not apply to the transferor). ``(D) Relocation of members of the armed forces.-- Paragraph (1) shall not apply in the case of a member of the Armed Forces of the United States on active duty who moves pursuant to a military order and incident to a permanent change of station. ``(3) Joint returns.--In the case of a credit allowed under subsection (a) with respect to a joint return, half of such credit shall be treated as having been allowed to each individual filing such return for purposes of this subsection. ``(4) Return requirement.--If the tax imposed by this chapter for the taxable year is increased under this subsection, the taxpayer shall, notwithstanding section 6012, be required to file a return with respect to the taxes imposed under this subtitle. ``(d) Limitation Based on Amount of Tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this subpart (other than this section) for the taxable year. ``(e) Definitions and Special Rules.--For purposes of this section-- ``(1) Principal residence.--The term `principal residence' has the same meaning as when used in section 121. ``(2) Purchase.--In defining the purchase of a principal residence, rules similar to the rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date of the enactment of this section) shall apply. ``(3) Reporting requirement.--Rules similar to the rules of section 1400C(f) (as so in effect) shall apply. ``(4) Denial of double benefit.-- ``(A) Coordination with other credits.--No credit shall be allowed under this section for any purchase for which a credit is allowed under section 36 or section 1400C. ``(B) Basis adjustment.--For purposes of this subtitle, if a credit is allowed under this section with respect to the purchase of any residence, the basis of such residence shall be reduced by the amount of the credit so allowed. ``(f) Application of Section.--This section shall not apply to residences purchased during the 1-year period beginning on the date of the enactment of this subsection.''. (b) Conforming Amendment.--Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ``, and'', and by adding at the end the following new paragraph: ``(38) to the extent provided in section 25E(e)(4).''. (c) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Credit for certain home purchases.''. (d) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. | Helping Homebuyers Act of 2009 - Amends the Internal Revenue Code to allow individual taxpayers a one-time tax credit for 15% of the purchase price of a principal residence, up to $18,000. Requires repayment of such credit if the taxpayer sells the residence, or fails to occupy the residence as a principal residence, at any time within 60 months after the date of purchase. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Enhancements for Needed Drugs Act of 2005''. SEC. 2. GAO STUDIES AND REPORTS ON PRICES OF PRESCRIPTION DRUGS. (a) Review and Reports on Retail Prices of Prescription Drugs.-- (1) Initial review.--The Comptroller General of the United States shall conduct a review of the retail cost of prescription drugs in the United States during 2000 through 2003, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. (2) Subsequent review.--After conducting the review under paragraph (1), the Comptroller General shall continuously review the retail cost of such drugs through April 1, 2006, to determine the changes in such costs. (3) Reports.-- (A) Initial review.--Not later than September 1, 2005, the Comptroller General shall submit to Congress a report on the initial review conducted under paragraph (1). (B) Subsequent review.--Not later than July 1, 2006, January 1, 2007, and July 1, 2007, the Comptroller General shall submit to Congress a report on the subsequent review conducted under paragraph (2). (b) Annual GAO Study and Report on Retail and Acquisition Prices of Certain Prescription Drugs.-- (1) Ongoing study.--The Comptroller General of the United States shall conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with-- (A) the average price at which private health plans acquire each such drug; (B) the average price at which the Department of Defense under the Defense Health Program acquires each such drug; (C) the average price at which the Department of Veterans Affairs under the laws administered by the Secretary of Veterans Affairs acquires each such drug; and (D) the average negotiated price for each such drug that eligible beneficiaries enrolled in a prescription drug plan under part D of title XVIII of the Social Security Act, as added by section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173), that provides only basic prescription drug coverage have access to under such plans. (2) Annual report.--Not later than December 1, 2007, and annually thereafter, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), together with such recommendations as the Comptroller General determines appropriate. SEC. 3. INCLUSION OF AVERAGE AGGREGATE BENEFICIARY COSTS AND SAVINGS IN COMPARATIVE INFORMATION FOR BASIC MEDICARE PRESCRIPTION DRUG PLANS. Section 1860D-1(c)(3) of the Social Security Act (42 U.S.C. 1395w- 101(c)(3)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (C)''; and (B) by adding at the end the following new clause: ``(vi) Average aggregate beneficiary costs and savings.--With respect to plan years beginning on or after January 1, 2007, the average aggregate costs, including deductibles and other cost-sharing, that a beneficiary will incur for covered part D drugs in the year under the plan compared to the average aggregate costs that an eligible beneficiary with no prescription drug coverage will incur for covered part D drugs in the year.''; and (2) by adding at the end the following new subparagraph: ``(C) Average aggregate beneficiary costs and savings information only for basic prescription drug plans.--The Secretary shall not provide comparative information under subparagraph (A)(vi) with respect to-- ``(i) a prescription drug plan that provides supplemental prescription drug coverage; or ``(ii) a Medicare Advantage plan.''. SEC. 4. NEGOTIATING FAIR PRICES FOR MEDICARE PRESCRIPTION DRUGS. (a) In General.--Section 1860D-11 of the Social Security Act (42 U.S.C. 1395w-111) is amended by striking subsection (i) (relating to noninterference) and by inserting the following: ``(i) Authority To Negotiate Prices With Manufacturers.-- ``(1) In general.--In order to ensure that beneficiaries enrolled under prescription drug plans and MA-PD plans pay the lowest possible price, the Secretary shall have authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under this part. ``(2) Mandatory responsibilities.--The Secretary shall be required to-- ``(A) negotiate contracts with manufacturers of covered part D drugs for each fallback prescription drug plan under subsection (g); and ``(B) participate in negotiation of contracts of any covered part D drug upon request of an approved prescription drug plan or MA-PD plan. ``(3) Rule of construction.--Nothing in paragraph (2) shall be construed to limit the authority of the Secretary under paragraph (1) to the mandatory responsibilities under paragraph (2).''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of section 101 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). SEC. 5. NAIC REVIEW AND REPORT ON CHANGES IN MEDIGAP POLICIES THAT PROVIDE COVERAGE OF PRESCRIPTION DRUGS CONTAINED IN THE MEDICARE PRESCRIPTION DRUG, IMPROVEMENT, AND MODERNIZATION ACT OF 2003. (a) In General.--The Secretary of Health and Human Services shall request the National Association of Insurance Commissioners to conduct a review of the changes to the rules relating to medicare supplemental policies that provide prescription drug coverage contained in subsection (v) of section 1882 of the Social Security Act (42 U.S.C. 1395ss), as added by section 104(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173). (b) Impact on Medicare Beneficiaries.--The review conducted pursuant to subsection (a) should focus on the impact the changes described in such subsection will have on medicare beneficiaries. (c) Report.--The Secretary shall request the National Association of Insurance Commissioners to submit to Congress, by not later than January 1, 2006, a report on the review conducted pursuant to subsection (a), together with such recommendations as the National Association of Insurance Commissioners determines appropriate. | Medicare Enhancements for Needed Drugs Act of 2005 - Directs the Comptroller General to review and report to Congress on the retail cost of prescription drugs in the United States during 2000 and 2003, and through April 1, 2006, with an emphasis on the prescription drugs most utilized for individuals age 65 or older. Requires the Comptroller General to conduct an ongoing study that compares the average retail cost in the United States for each of the 20 most utilized prescription drugs for individuals age 65 or older with: (1) the average prices at which private health plans, the Department of Defense under the Defense Health Program, and the Department of Veterans Affairs acquire each such drug; and (2) the average negotiated price for each such drug that eligible beneficiaries have access to under a Medicare prescription drug plan providing only basic prescription drug coverage. Amends title XVIII (Medicare) of the Social Security Act (SSA) to include in the comparative plan information for beneficiaries under new Medicare part D (Voluntary Prescription Drug Benefit Program) a comparison of average aggregate prescription drug plan beneficiary costs and savings with such costs for a beneficiary with no prescription drug plan. Repeals the prohibition against interference by the Secretary with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors, as well as the requirement of a particular formulary to institute a price structure for the reimbursement of Medicare part D covered drugs. Authorizes the Secretary instead, like other Federal entities that purchase prescription drugs in bulk, to negotiate contracts with manufacturers of covered part D drugs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Budgeting for Opioid Addiction Treatment Act''. SEC. 2. EXCISE TAX ON OPIOID PAIN RELIEVERS. (a) In General.--Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 4192. OPIOID PAIN RELIEVERS. ``(a) In General.--There is hereby imposed on the sale of any taxable active opioid by the manufacturer, producer, or importer a tax equal to 1 cent per milligram so sold. ``(b) Taxable Active Opioid.--For purposes of this section-- ``(1) In general.--The term `taxable active opioid' means any controlled substance (as defined in section 102 of the Controlled Substances Act, as in effect on the date of the enactment of this section) which is opium, an opiate, or any derivative thereof. ``(2) Exclusion for certain prescription medications.--Such term shall not include any prescribed drug which is used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. ``(3) Exclusion of other ingredients.--In the case of a product that includes a taxable active opioid and another ingredient, subsection (a) shall apply only to the portion of such product that is a taxable active opioid.''. (b) Clerical Amendments.-- (1) The heading of subchapter E of chapter 32 of the Internal Revenue Code of 1986 is amended by striking ``Medical Devices'' and inserting ``Other Medical Products''. (2) The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E and inserting the following new item: ``subchapter e. other medical products''. (3) The table of sections for subchapter E of chapter 32 of such Code is amended by adding at the end the following new item: ``Sec. 4192. Opioid pain relievers.''. (c) Effective Date.--The amendments made by this section shall apply to sales on or after the date that is 1 year after the date of the enactment of this Act. (d) Rebate or Discount Program for Certain Cancer and Hospice Patients.-- (1) In general.--The Secretary of Health and Human Services, in consultation with patient advocacy groups and other relevant stakeholders as determined by such Secretary, shall establish a mechanism by which-- (A) any amount paid by an eligible patient in connection with the tax under section 4192 of the Internal Revenue Code of 1986 (as added by this section) shall be rebated to such patient in as timely a manner as possible, or (B) amounts paid by an eligible patient for taxable active opioids (as defined in section 4192(b) of such Code) are discounted at time of payment or purchase to ensure that such patient does not pay any amount attributable to such tax, with as little burden on the patient as possible. The Secretary shall choose whichever of the options described in subparagraph (A) or (B) is, in the Secretary's determination, most effective and efficient in ensuring eligible patients face no economic burden from such tax. (2) Eligible patient.--For purposes of this section, the term ``eligible patient'' means-- (A) a patient for whom any taxable active opioid (as so defined) is prescribed to treat pain relating to cancer or cancer treatment; (B) a patient participating in hospice care; and (C) in the case of the death or incapacity of a patient described in subparagraph (A) or (B) or any similar situation as determined by the Secretary of Health and Human Services, the appropriate family member, medical proxy, or similar representative or the estate of such patient. SEC. 3. BLOCK GRANTS FOR PREVENTION AND TREATMENT OF SUBSTANCE ABUSE. (a) Grants to States.--Section 1921(b) of the Public Health Service Act (42 U.S.C. 300x-21(b)) is amended by inserting ``, and, as applicable, for carrying out section 1923A'' before the period. (b) Nonapplicability of Prevention Program Provision.--Section 1922(a)(1) of the Public Health Service Act (42 U.S.C. 300x-22(a)(1)) is amended by inserting ``except with respect to amounts made available as described in section 1923A,'' before ``will expend''. (c) Opioid Treatment Programs.--Subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21 et seq.) is amended by inserting after section 1923 the following: ``SEC. 1923A. ADDITIONAL SUBSTANCE ABUSE TREATMENT PROGRAMS. ``A funding agreement for a grant under section 1921 is that the State involved shall provide that any amounts made available by any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act (as described in section 1933(a)(1)(B)(i)) be used exclusively for substance abuse (including opioid abuse) treatment efforts in the State, including treatment programs-- ``(1) establishing new addiction treatment facilities, residential and outpatient, including covering capital costs; ``(2) establishing sober living facilities; ``(3) recruiting and increasing reimbursement for certified mental health providers providing substance abuse treatment in medically underserved communities or communities with high rates of prescription drug abuse; ``(4) expanding access to long-term, residential treatment programs for opioid addicts (including 30-, 60-, and 90-day programs); ``(5) establishing or operating support programs that offer employment services, housing, and other support services to help recovering addicts transition back into society; ``(6) establishing or operating housing for children whose parents are participating in substance abuse treatment programs, including capital costs; ``(7) establishing or operating facilities to provide care for babies born with neonatal abstinence syndrome, including capital costs; and ``(8) other treatment programs, as the Secretary determines appropriate.''. (d) Additional Funding.--Section 1933(a)(1)(B)(i) of the Public Health Service Act (42 U.S.C. 300x-33(a)(1)(B)(i)) is amended by inserting ``, plus any increase in revenues to the Treasury in the previous fiscal year resulting from the enactment of section 4192 of the Internal Revenue Code of 1986, reduced by any amounts rebated or discounted under section 2(d) of the Budgeting for Opioid Addiction Treatment Act'' before the period. SEC. 4. REPORT. Not later than 2 years after the date described in section 2(c), the Secretary of Health and Human Services shall submit to Congress a report on the impact of the amendments made by sections 2 and 3 on-- (1) the retail cost of taxable active opioids (as defined in section 4192 of the Internal Revenue Code of 1986, as added by section 2); (2) patient access to such opioids, particularly cancer and hospice patients, including the effect of the discount or rebate on such opioids for cancer and hospice patients under section 2(d); (3) how the increase in revenue to the Treasury resulting from the enactment of section 4192 of the Internal Revenue Code of 1986 is used to improve substance abuse treatment efforts in accordance with section 1923A of the Public Health Service Act (as added by section 3); and (4) suggestions for improving-- (A) access to opioids for cancer and hospice patients; and (B) substance abuse treatment efforts under such section 1923A. | Budgeting for Opioid Addiction Treatment Act This bill amends the Internal Revenue Code to impose a one cent per milligram excise tax on the sale of active opioids by the manufacturer, producer, or importer. The tax excludes prescription drugs used exclusively for the treatment of opioid addiction as part of a medically assisted treatment effort. The Department of Health and Human Services (HHS) must establish a program to provide rebates or discounts to cancer and hospice patients to ensure that they do not pay the tax. The bill amends the Public Health Service Act to require any increase in federal revenues from the tax after rebates and discounts are subtracted to be distributed to states under the Substance Abuse Prevention and Treatment Block Grant program to be used exclusively for substance abuse (including opioid abuse) efforts in the states, including specified treatment programs. HHS must report to Congress on the impact of this bill on the retail cost of opioids and patient access to opioid medication, the effectiveness of the discount or rebate for cancer and hospice patients, how the funds are being used to improve substance abuse treatment efforts, and suggestions for improving access to opioids for cancer and hospice patients and substance abuse treatment efforts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``DSHEA Full Implementation and Enforcement Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration (in this Act referred to as the ``FDA'') the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (in this Act referred to as ``DSHEA'') was enacted. This Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (8) The FDA has updated and expanded its system for the reporting, collection, and analysis of dietary supplement adverse events reports. (9) DSHEA provides the FDA with a number of authoritites to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President's budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA. SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (1) $20,000,000 for fiscal year 2005; (2) $30,000,000 for fiscal year 2006; (3) $40,000,000 for fiscal year 2007; (4) $50,000,000 for fiscal year 2008; and (5) $65,000,000 for fiscal year 2009. (b) Appropriation of Funds for Fiscal Year 2005.--There are appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), $20,000,000 for fiscal year 2005. (c) Office of Dietary Supplements.--There are authorized to be appropriated and there are appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information on dietary supplements by the Office of Dietary Supplements at the National Institutes of Health-- (1) $30,000,000 for fiscal year 2005; and (2) such sums as may be necessary for each of the fiscal years 2006 through 2009. (d) Use of Funds.--The Food and Drug Administration shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements. SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2005, and annually thereafter, the Secretary of Health and Human Services shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417). (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency's response. (9) The number of dietary supplement claims determined to be false, misleading, or nonsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary of Health and Human Services or the Commissioner of Food and Drugs. | DSHEA Full Implementation and Enforcement Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2005 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health. Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; and (2) report annually on DSHEA implementation and enforcement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Quality Health Care Coalition Act of 2005''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2002 survey conducted by the Henry J. Kaiser Family Foundation, 95 percent of the Americans who receive their health care coverage through their employer are enrolled in a managed health care plan, up from 27 percent in 1987. Serious questions have been raised about the quality of care patients are receiving under these plans. (2) Changes in the health care industry have led to an increased concentration of health care plans, including approximately 177 mergers in the last 13 years. This enhanced concentration has given health care plans significant leverage over health care providers and patients. (3) Antitrust laws which prohibit health care professionals from negotiating freely with health care plans infringe on the health care professionals' constitutionally-protected rights of freedom of association and contract. (4) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will create a more equal balance of negotiating power, will promote cooperation, and will enhance the quality of patient care. (5) Repealing Federal laws which prohibit medical professionals from negotiating collectively with health care plans will not change the professionals ethical duty to continue to provide medically necessary care to their patients. SEC. 3. APPLICATION OF THE FEDERAL ANTITRUST LAWS TO HEALTH CARE PROFESSIONALS NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any health care professionals who are engaged in negotiations with a health plan regarding the terms of any contract under which the professionals provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be exempt from the Federal antitrust laws. (b) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to health care professionals excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (c) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between health care professionals and health plans pertaining to benefits provided under any of the following: (1) The medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). (2) The medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (3) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (4) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (5) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (6) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (7) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (d) Definitions.--For purposes of this section: (1) Federal antitrust laws.--The term ``Federal antitrust laws'' has the meaning the term ``antitrust laws'' in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition. (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Health care professional.--The term ``health care professional'' means an individual who provides health care items or services, treatment, assistance with activities of daily living, or medications to patients and who, to the extent required by State or Federal law, possesses specialized training that confers expertise in the provision of such items or services, treatment, assistance, or medications. | Quality Health Care Coalition Act of 2005 - Exempts health care professionals that are negotiating with a health plan regarding contract terms under which the professionals provide health care items or services for which plan benefits are provided from federal antitrust laws in connection with such negotiations. Declares that this Act: (1) applies only to health care professionals excluded from the National Labor Relations Act; and (2) does not apply to such negotiations relating to Medicare or Medicaid programs, the State Children's Health Insurance Program (SCHIP), medical and dental care for members of the uniformed services, veterans' medical care, the federal employees health benefits program, or the Indian Health Care Improvement Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Interoperability Implementation Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Following the tragic events of September 11, 2001, the need for interoperable communications for public safety became even more apparent, and critical to address. (2) The inability of many firefighters and police to communicate with each other in the World Trade Centers led to some loss of lives that perhaps could have been prevented. (3) As demonstrated by a hearing by the Committee on Energy and Commerce of the House of Representatives, Subcommittee on Telecommunications and the Internet, on June 11, 2003, interoperability problems and spectrum and equipment shortages continue to plague our nation's first responders, and without additional funding these problems will continue. (4) Action is critical to address these shortages not only to ensure readiness in the event of another terrorist attack, but also to address daily communications needs that are essential. (5) Each day this Nation's public safety officers put their lives on the line to serve this country and immediate increases in funding are essential. (6) According to the report by the Council on Foreign Relations, the United States is drastically underfunding local emergency responders, and remains dangerously unprepared to handle a catastrophic attack on American soil. SEC. 3. PUBLIC SAFETY TRUST FUND. Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 106. PUBLIC SAFETY TRUST FUND. ``(a) Establishment.-- ``(1) Fund established.--There is hereby established in the Treasury of the United States the Public Safety Communications Trust Fund. ``(2) Deposits.--The Fund shall consist of-- ``(A) the amounts appropriated pursuant to subsection (f); and ``(B) 50 percent of the proceeds of any auction conducted pursuant to section 309(j) of the Communications Act of 1934 for any bands of frequencies other than those described in paragraph (3), except that such percentage may be reduced in accordance with paragraph (4). ``(3) Excepted frequencies.--The bands of frequencies described in this paragraph are the following: ``(A) the 216-220 megahertz band, the 1432-1435 megahertz band, the 1710-1755 megahertz band, and the 2385-2390 megahertz band of frequencies; and ``(B) any other band of frequencies reallocated from Federal use to non-Federal use after January 1, 2003, that is assigned by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), except for bands of frequencies previously identified by the National Telecommunications and Information Administration in the Spectrum Reallocation Final Report, NTIA Special Publication 95-32 (1995). ``(4) Reduction of percentage.--If the board of directors submits to the Congress a statement that-- ``(A) projects that the future needs for grants under subsection (c) has been reduced to the extent that the percentage specified in paragraph (2) is likely to yield a surplus in the fund beyond the amounts needed to meet such needs, and ``(B) specifies a lower percentage that the board estimates to be sufficient to meet such needs (without yielding a surplus), paragraph (2) shall be applied to any auction subject to such paragraph that is conducted after the date of submission of such statement by substituting such lower percentage for 50 percent. ``(5) Fund availability.-- ``(A) Appropriation.--There are hereby appropriated from the Fund such sums as are authorized by the board to be disbursed for grants under this section. ``(B) Reversion of unused funds.--Any grant proceeds that remain unexpended at the end of the grant period as determined under subsection (c)(3) shall revert to and be deposited in the Fund. ``(b) Board of Directors.-- ``(1) Establishment.--The Fund shall be administered by the Administrator of the NTIA, in consultation with a board of directors comprised of 5 members, appointed by the Secretary, with experience in one or more of the following fields: grant and investment management; communications equipment and software applications; and public safety and emergency response. The board shall consult with, or include a member or members from, the Department of Homeland Security. ``(2) Functions.--The board shall-- ``(A) establish the reasonable and prudent criteria for the selection of the grant recipients under this section; ``(B) determine the amount of the grants awarded; and ``(C) review the use of funds made by such grant recipients. ``(3) Compensation prohibited; expenses provided.--The members of the board shall serve without compensation, but may, from appropriated funds available for the administrative expenses of the NTIA, 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. ``(c) Purpose and Activities of the Trust.-- ``(1) Grant purposes.--In order to achieve the objectives and carry out the purposes of this part, the Administrator is authorized to make grants, from amounts deposited pursuant to subsection (a)(2) and from the interest or other income on the Fund, to implement interoperability and modernization (including equipment upgrades) for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations. ``(2) Grant preference for broader scope of interoperability.--In making grants from the Fund, the Administrator shall give preference to eligible entities that are proposing inter-agency or regional and multi-jurisdictional interoperability. ``(3) Grant availability.--Grants from the Fund shall be made available on a single or multi-year basis to facilitate long term planning and training. ``(d) Eligible Entities.--The following organizations and entities are eligible to apply for funds under this section: ``(1) an agency or instrumentality of a State or local government of the United States (including an agency or instrumentality of a territory or possession of the United States); and ``(2) a nonprofit agency or organization that is exempt from taxes under section 501(c)(3) of the Internal Revenue Code of 1986 and that performs a public safety function, as determined by the Administrator. ``(e) Permissible Uses of Funds.--Amounts made available by grant from the fund may be used by eligible entities for equipment, training, planning, and research for the purposes of upgrading communications and the interoperability of communications used in public safety, fire, emergency, law enforcement, and crisis management. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Fund $500,000,000 for fiscal year 2004 and each of the 2 succeeding fiscal years. ``(g) Reports.-- ``(1) By grant recipients.--Each grant recipient shall submit to the Administrator and the board a report on the use of the funds provided by the grant, and on the progress made with respect to the improvement of the grant recipient's communications capabilities. ``(2) By administrator.--The Administrator shall annually submit to the Congress a report on the operations of the Fund and the grants made by the Funds. Such report shall include-- ``(A) an identification of the grants made, the recipients thereof, and the planned uses of the amounts made available; ``(B) a financial report on the operations and condition of the Fund; and ``(C) a description of the results of the use of funds provided by grants under this section, including the status of interoperability implementation by the grant recipients. ``(h) Regulations.--The Administrator may prescribe such regulations as may be necessary and appropriate to carry out this section. ``(i) Definitions.--As used in this section-- ``(1) the term `the Fund' means the Public Safety Communications Trust Fund established pursuant to subsection (a); and ``(2) the term `the board' means the board of directors established pursuant to subsection (b).''. | Public Safety Interoperability Implementation Act - Amends the National Telecommunications and Information Administration Organization Act to establish in the Treasury the Public Safety Communications Trust Fund, to be funded through authorizations of appropriations and proceeds from the sale of certain bands of Government-owned broadcast spectrum. Requires the Administrator of the National Telecommunications and Information Administration to administer the Fund. Authorizes the Administrator to make grants to implement interoperability and modernization for the communications needs of public safety, fire, emergency, law enforcement, and crisis management by State and local government agencies and instrumentalities and nonprofit organizations. |
SECTION 1. FINDINGS. Congress makes the following findings: (1) On January 19, 1942, 6 weeks after the December 7, 1941, attack on Pearl Harbor by the Japanese Navy, the United States Army discharged all Japanese-Americans in the Reserve Officers Training Corps and changed their draft status to ``4C''--the status of ``enemy alien'' which is ineligible for the draft. (2) On January 23, 1942, Japanese-Americans in the military on the mainland were segregated out of their units. (3) Further, on May 3, 1942, General John L. DeWitt issued Civilian Exclusion Order No. 346, ordering all people of Japanese ancestry, whether citizens or noncitizens, to report to assembly centers, where they would live until being moved to permanent relocation centers. (4) On June 5, 1942, 1,432 predominantly Nisei (second generation Americans of Japanese ancestry) members of the Hawaii Provisional Infantry Battalion were shipped from the Hawaiian Islands to Oakland, CA, where the 100th Infantry Battalion was activated on June 12, 1942, and then shipped to train at Camp McCoy, Wisconsin. (5) The excellent training record of the 100th Infantry Battalion and petitions from prominent civilian and military personnel helped convince President Roosevelt and the War Department to re-open military service to Nisei volunteers who were incorporated into the 442nd Regimental Combat Team after it was activated in February of 1943. (6) In that same month, the 100th Infantry Battalion was transferred to Camp Shelby, Mississippi, where it continued to train and even though the battalion was ready to deploy shortly thereafter, the battalion was refused by General Eisenhower, due to concerns over the loyalty and patriotism of the Nisei. (7) The 442nd Regimental Combat Team later trained with the 100th Infantry Battalion at Camp Shelby in May of 1943. (8) Eventually, the 100th Infantry Battalion was deployed to the Mediterranean and entered combat in Italy on September 26, 1943. (9) Due to their bravery and valor, members of the Battalion were honored with 6 awards of the Distinguished Service Cross in the first 8 weeks of combat. (10) The 100th Battalion fought at Cassino, Italy in January, 1944, and later accompanied the 34th Infantry Division to Anzio, Italy. (11) In May and June of 1944, the battalion was joined by the 442nd Regimental Combat Team, and helped push the German Army north of Rome. (12) The battalion was awarded the Presidential Unit Citation for its actions in battle on June 26-27, 1944. (13) On August 14th, 1944, the 100th Infantry Battalion was formally made an integral part of the 442nd Regimental Combat Team, and fought for the last 9 months of the war with distinction in Italy, southern France, and Germany. (14) The 442nd Regimental became the most decorated unit in United States military history for its size and length of service. (15) The 442nd Regimental Combat Team, and members of the team, received 7 Presidential Unit Citations, 21 Medals of Honor, 52 Distinguished Service Crosses, 560 Silver Stars, 4,000 Bronze Stars, 22 Legion of Merit Medals, 15 Soldier's Medals, and nearly 10,000 Purple Hearts, among numerous additional distinctions. (16) The United States remains forever indebted to the bravery, valor, and dedication to country these men faced while fighting a 2-fronted battle of discrimination at home and fascism abroad. (17) Their commitment and sacrifice demonstrates a highly uncommon and commendable sense of patriotism and honor. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, collectively, in recognition of their dedicated service during World War II. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army, under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research. (2) Sense.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the 100th Infantry Battalion and the 442nd Regimental Combat Team, United States Army. SEC. 3. DUPLICATE MEDALS. Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. | Requires the Speaker of the House of Representatives and the President pro tempore of the Senate to make arrangements for the award of a congressional gold medal to the Army's 100th Infantry Battalion and 442nd Regimental Combat Team, collectively, in recognition of their dedicated service during World War II. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act of 2007''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed valid authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the validity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations Act (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''. | Employee Free Choice Act of 2007- Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Infant Crib Safety Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The disability and death of infants resulting from injuries sustained in crib incidents are a serious threat to the public health, welfare, and safety of people of this country. (2) The design and construction of a baby crib must ensure that it is safe to leave an infant unattended for extended periods of time. A parent or caregiver has a right to believe that the crib in use is a safe place to leave an infant. (3) Each year more than 11,500 children age 2 and under are injured in cribs seriously enough to require hospital treatment. (4) Each year at least 26 children age 4 and under die from injuries sustained in cribs. (5) The United States Consumer Product Safety Commission estimates that the cost to society resulting from deaths due to cribs is at least $150,000,000 per year. (6) Secondhand, hand-me-down, and heirloom cribs pose a special problem. There are nearly 4 million infants born in this country each year, but only one to two million new cribs sold. Many infants are placed in secondhand, hand-me-down, or heirloom cribs. (7) Most crib deaths occur in secondhand, hand-me-down, or heirloom cribs. (8) Existing State and Federal legislation is inadequate to deal with the hazard presented by secondhand, hand-me-down, or heirloom cribs. (9) Prohibiting contracting to sell, resell, lease, or sublease unsafe cribs that are not new, or otherwise placing in the stream of commerce unsafe secondhand, hand-me-down, or heirloom cribs, will prevent injuries and deaths caused by cribs. (b) Purpose.--The purpose of this Act is to prevent the occurrence of injuries and deaths to infants as a result of unsafe cribs by making it illegal-- (1) to manufacture, sell, or contract to sell any crib that is unsafe for any infant using it; or (2) to resell, lease, sublet, or otherwise place in the stream of commerce, after the effective date of this Act, any unsafe crib, particularly any unsafe secondhand, hand-me-down, or heirloom crib. SEC. 3. DEFINITIONS. As used in this Act: (1) Commercial user.-- (A) In general.--The term ``commercial user'' means any person-- (i) who manufactures, sells, or contracts to sell full-size cribs or nonfull-size cribs; or (ii) who-- (I) deals in full-size or nonfull- size cribs that are not new or who otherwise by one's occupation holds oneself out as having knowledge or skill peculiar to full-size cribs or nonfull-size cribs, including child care facilities and family child care homes; or (II) is in the business of contracting to sell or resell, lease, sublet, or otherwise placing in the stream of commerce full-size cribs or nonfull-size cribs that are not new. (B) Exception.--The term does not include an individual who sells a used crib at a one-time private sale. (2) Crib.--The term ``crib'' means a full-size crib or nonfull-size crib. (3) Full-size crib.--The term ``full-size crib'' means a full-size baby crib as defined in section 1508.1 of title 16, Code of Federal Regulations. (4) Infant.--The term ``infant'' means any person less than 35 inches tall or less than 2 years of age. (5) Nonfull-size crib.--The term ``nonfull-size crib'' means a nonfull-size baby crib as defined in section 1509.2(b) of title 16, Code of Federal Regulations (including a portable crib and a crib-pen described in paragraph (2) of subsection (b) of that section). SEC. 4. REQUIREMENTS FOR CRIBS. (a) Manufacture and Sale of Cribs.--It shall be unlawful for any commercial user-- (1) to manufacture, sell, or contract to sell any full-size crib or nonfull-size crib that is unsafe for any infant using it; or (2) to sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any full-size or nonfull-size crib that is not new and that is unsafe for any infant using it. (b) Provision of Cribs by Lodging Facilities.--It shall be unlawful for any hotel, motel, or similar transient lodging facility to offer or provide for use or otherwise place in the stream of commerce, on or after the effective date of this Act, any full-size crib or nonfull- size crib that is unsafe for any infant using it. (c) Adherence to Crib Safety Standards.--A full-size crib, nonfull- size crib, portable crib, playpen, or play yard shall be presumed to be unsafe under this section if it does not conform to the standards applicable to such product as follows: (1) Part 1508 (commencing with section 1508.1) of title 16, Code of Federal Regulations (requirements for full-size baby cribs). (2) Part 1509 (commencing with section 1509.1) of title 16, Code of Federal Regulations (requirements for nonfull-size baby cribs). (3) American Society for Testing Materials F406 Consumer Safety Specification for Play Yards. (4) American Society for Testing Materials F1169 Consumer Safety Specification for Full-Size Cribs. (5) American Society for Testing Materials F1822 Consumer Safety Specification for Non-Full-Size Cribs. (6) American Society for Testing Materials F966 Consumer Safety Specification for Full-Size and Non-Full-Size Baby Crib Corner Post Extensions. (7) Part 1303 (commencing with section 1303.1) of title 16, Code of Federal Regulations. (8) Any amendments to the regulations or standards specified in paragraphs (1) through (7), or any other regulations or standards that are adopted in order to amend or supplement the regulations or standards specified in such paragraphs. (d) Exception.--This section shall not apply to a full-size crib or nonfull-size crib that is not intended for use by an infant, including a toy or display item, if at the time it is manufactured, made subject to a contract to sell or resell, leased, sublet, or otherwise placed in the stream of commerce, as applicable, it is accompanied by a notice to be furnished by each commercial user declaring that the crib is not intended to be used for an infant and is dangerous to use for an infant. (e) Enforcement.--(1) The Consumer Product Safety Commission shall have the power to enforce the provisions of this section as if such provisions were a consumer product safety standard promulgated by the Commission under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.). (2) A violation of this section shall be considered a prohibited act within the meaning of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068), and shall be subject to the penalties and remedies available for prohibited acts under the Consumer Product Safety Act. SEC. 5. EFFECTIVE DATE. This Act shall become effective 90 days after the date of the enactment of this Act. | Infant Crib Safety Act - Makes it unlawful for any commercial user to: (1) manufacture, sell, or contract to sell any full-size or nonfull-size crib which is unsafe for any infant; or (2) sell, contract to sell or resell, lease, sublet, or otherwise place in the stream of commerce any such crib which is not new and is unsafe for any infant. Makes it unlawful for any lodging facility to offer or provide such an unsafe crib. Presumes as unsafe a crib which does not conform to specified standards in the Code of Federal Regulations and the American Society for Testing Materials Voluntary Standards, unless labeled as dangerous for an infant and not intended to be used for one. Grants the Consumer Product Safety Commission (CPSC) enforcement powers as if this Act were a consumer product safety standard promulgated by it under the Consumer Product Safety Act. Declares a violation of this Act shall be considered a prohibited act within the meaning of the CPSA, and subject to its penalties and remedies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rio Grande del Norte National Conservation Area Establishment Act''. SEC. 2. DEFINITIONS. In this Act: (1) Conservation area.--The term ``Conservation Area'' means the Rio Grande del Norte National Conservation Area established by section 3(a)(1). (2) Land grant community.--The term ``land grant community'' means a member of the Board of Trustees of confirmed or nonconfirmed community land grants within the Conservation Area. (3) Management plan.--The term ``management plan'' means the management plan for the Conservation Area developed under section 3(d). (4) Map.--The term ``map'' means the map entitled ``Rio Grande del Norte National Conservation Area'' and dated November 4, 2009. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) State.--The term ``State'' means the State of New Mexico. SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA. (a) Establishment.-- (1) In general.--There is established the Rio Grande del Norte National Conservation Area in the State. (2) Area included.--The Conservation Area shall consist of approximately 235,980 acres of public land in Taos and Rio Arriba counties in the State, as generally depicted on the map. (b) Purposes.--The purposes of the Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of the Conservation Area. (c) Management.-- (1) In general.--The Secretary shall manage the Conservation Area-- (A) in a manner that conserves, protects, and enhances the resources of the Conservation Area; and (B) in accordance with-- (i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) Uses.-- (A) In general.--The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purposes described in subsection (b). (B) Use of motorized vehicles.-- (i) In general.--Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads designated for use by motorized vehicles in the management plan. (ii) New roads.--No additional road shall be built within the Conservation Area after the date of enactment of this Act unless the road is needed for public safety or natural resource protection. (C) Grazing.--The Secretary shall permit grazing within the Conservation Area, where established before the date of enactment of this Act-- (i) subject to all applicable laws (including regulations) and Executive orders; and (ii) consistent with the purposes described in subsection (b). (D) Collection of pinon nuts, firewood, medicinal plants and herbs.--Nothing in this section precludes the traditional collection of firewood, medicinal plants and herbs, and pinon nuts in the Conservation Area for noncommercial personal use-- (i) in accordance with any applicable laws; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (E) Utility right-of-way upgrades.--Nothing in this section precludes the Secretary from renewing or authorizing the upgrading (including widening) of an existing utility right-of-way through the Conservation Area in a manner that minimizes harm to the purposes of the Conservation Area described in subsection (b)-- (i) in accordance with-- (I) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (II) any other applicable law; and (ii) subject to such terms and conditions as the Secretary determines to be appropriate. (F) Tribal cultural uses.-- (i) Access.--The Secretary shall, in consultation with Indian tribes or pueblos-- (I) ensure the protection of religious and cultural sites in the Conservation Area; and (II) provide access to the sites by members of Indian tribes or pueblos for traditional cultural and customary uses, consistent with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996). (ii) Temporary closures.--In accordance with Public Law 95-341 (commonly known as the ``American Indian Religious Freedom Act'') (42 U.S.C. 1996), the Secretary, on request of an Indian tribe or pueblo, may temporarily close to general public use 1 or more specific areas of the Conservation Area in order to protect traditional cultural and customary uses in those areas by members of the Indian tribe or the pueblo. (d) Management Plan.-- (1) In general.--Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. (2) Other plans.--To the extent consistent with this Act, the plan may incorporate in the management plan the Rio Grande Corridor Management Plan in effect on the date of enactment of this Act. (3) Consultation.--The management plan shall be developed in consultation with-- (A) State and local governments; (B) tribal governmental entities; (C) land grant communities; and (D) the public. (4) Considerations.--In preparing and implementing the management plan, the Secretary shall consider the recommendations of Indian tribes and pueblos on methods for-- (A) ensuring access to religious and cultural sites; (B) enhancing the privacy and continuity of traditional cultural and religious activities in the Conservation Area; and (C) protecting traditional cultural and religious sites in the Conservation Area. (e) Incorporation of Acquired Land and Interests in Land.--Any land that is within the boundary of the Conservation Area that is acquired by the United States shall-- (1) become part of the Conservation Area; and (2) be managed in accordance with-- (A) this Act; and (B) any other applicable laws. (f) Special Management Areas.-- (1) In general.--The establishment of the Conservation Area shall not change the management status of any area within the boundary of the Conservation Area that is-- (A) designated as a component of the National Wild and Scenic Rivers System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); or (B) managed as an area of critical environmental concern. (2) Conflict of laws.--If there is a conflict between the laws applicable to the areas described in paragraph (1) and this Act, the more restrictive provision shall control. SEC. 4. DESIGNATION OF WILDERNESS AREAS. (a) In General.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Conservation Area are designated as wilderness and as components of the National Wilderness Preservation System: (1) Cerro del yuta wilderness.--Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the ``Cerro del Yuta Wilderness''. (2) Rio san antonio wilderness.--Certain land administered by the Bureau of Land Management in Rio Arriba County, New Mexico, comprising approximately 8,000 acres, as generally depicted on the map, which shall be known as the ``Rio San Antonio Wilderness''. (b) Management of Wilderness Areas.--Subject to valid existing rights, the wilderness areas designated by subsection (a) shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that with respect to the wilderness areas designated by this Act-- (1) any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (c) Incorporation of Acquired Land and Interests in Land.--Any land or interest in land within the boundary of the wilderness areas designated by subsection (a) that is acquired by the United States shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); (B) this Act; and (C) any other applicable laws. (d) Grazing.--Grazing of livestock in the wilderness areas designated by subsection (a), where established before the date of enactment of this Act, shall be administered in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101-405). (e) Buffer Zones.-- (1) In general.--Nothing in this section creates a protective perimeter or buffer zone around any wilderness area designated by subsection (a). (2) Activities outside wilderness areas.--The fact that an activity or use on land outside any wilderness area designated by subsection (a) can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. (f) Release of Wilderness Study Areas.--Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section-- (1) has been adequately studied for wilderness designation; (2) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (3) shall be managed in accordance with this Act. SEC. 5. GENERAL PROVISIONS. (a) Maps and Legal Descriptions.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the Conservation Area and the wilderness areas designated by section 4(a) with-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (2) Force of law.--The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. (3) Public availability.--The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (b) National Landscape Conservation System.--The Conservation Area and the wilderness areas designated by section 4(a) shall be administered as components of the National Landscape Conservation System. (c) Fish and Wildlife.--Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establishing periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. (d) Withdrawals.--Subject to valid existing rights, any Federal land within the Conservation Area and the wilderness areas designated by section 4(a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico, consisting of approximately 235,980 acres of public land in Taos and Rio Arriba Counties. Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members for traditional cultural and customary uses. Requires the Secretary to develop a management plan for the Conservation Area. Bars the changing of the management status of any area within the boundary of the Conservation Area that is: (1) designated as a component of the National Wild and Scenic Rivers System; or (2) managed as an area of critical environmental concern. Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System. Releases the public land within the San Antonio Wilderness Study Area not designated as wilderness from further study for designation as wilderness. Requires the Conservation Area and the wilderness areas designated by this Act to be administered as components of the National Landscape Conservation System. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ana River Water Supply Enhancement Act of 2009''. SEC. 2. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end the following: ``SEC. 16__. PRADO BASIN NATURAL TREATMENT SYSTEM PROJECT. ``(a) In General.--The Secretary, in cooperation with the Orange County Water District, shall participate in the planning, design, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. ``(c) Limitation.--Funds provided by the Secretary shall not be used for the operation and maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Prado Basin Natural Treatment System Project.''. SEC. 3. REGIONAL BRINE LINES. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. REGIONAL BRINE LINES. ``(a) Southern California.--The Secretary, under Federal reclamation laws and in cooperation with units of local government, may assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in-- ``(1) the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California; and ``(2) the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. ``(b) Agreements and Regulations.--The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. ``(c) Cost Sharing.--The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $40,000,000. ``(d) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a). ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Regional brine lines.''. SEC. 4. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. (a) In General.--The Reclamation Wastewater and Groundwater Study and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is further amended by adding at the end the following: ``SEC. 16__. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. ``(a) In General.--The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. ``(b) Cost Sharing.--The Federal share of the cost of the project described in subsection (a) shall not exceed-- ``(1) 25 percent of the total cost of the project; or ``(2) $50,000,000. ``(c) Limitation.--Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). ``(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ``(e) Sunset of Authority.--This section shall have no effect after the date that is 10 years after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections in section 2 of Public Law 102-575 is further amended by inserting after the last item the following: ``16__. Lower Chino dairy area desalination demonstration and reclamation project.''. | Santa Ana River Water Supply Enhancement Act of 2009 - Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with: (1) the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; (2) local governments, to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean; and (3) the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Limits the federal share of total project costs. Prohibits using funds provided by the Secretary for operation and maintenance of the projects. Terminates the Secretary's authority to carry out this Act after 10 years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Cloning Prohibition Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) the National Bioethics Advisory Commission (referred to in this Act as the ``NBAC'') has reviewed the scientific and ethical implications of human cloning and has determined that the cloning of human beings is morally unacceptable; (2) the NBAC recommended that Federal legislation be enacted to prohibit anyone from conducting or attempting human cloning, whether using Federal or non-Federal funds; (3) the NBAC also recommended that the United States cooperate with other countries to enforce mutually supported prohibitions on human cloning; (4) the NBAC found that somatic cell nuclear transfer (also known as nuclear transplantation) may have many important applications in medical research; (5) the Institute of Medicine has found that nuclear transplantation may enable stem cells to be developed in a manner that will permit such cells to be transplanted into a patient without being rejected; (6) the NBAC concluded that any regulatory or legislative actions undertaken to prohibit human cloning should be carefully written so as not to interfere with other important areas of research, such as stem cell research; and (7)(A) biomedical research and clinical facilities engage in and affect interstate commerce; (B) the services provided by clinical facilities move in interstate commerce; (C) patients travel regularly across State lines in order to access clinical facilities; and (D) biomedical research and clinical facilities engage scientists, doctors, and other staff in an interstate market, and contract for research and purchase medical and other supplies in an interstate market. SEC. 3. PURPOSES. It is the purpose of this Act to prohibit any attempt to clone a human being while protecting important areas of medical research, including stem cell research. SEC. 4. PROHIBITION ON HUMAN CLONING. (a) In General.--Title 18, United States Code, is amended by inserting after chapter 15, the following: ``CHAPTER 16--PROHIBITION ON HUMAN CLONING ``Sec. ``301. Prohibition on human cloning. ``Sec. 301. Prohibition on human cloning ``(a) Definitions.--In this section: ``(1) Human cloning.--The term `human cloning' means asexual reproduction by implanting or attempting to implant the product of nuclear transplantation into a uterus. ``(2) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(3) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(4) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(5) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Prohibitions on Human Cloning.--It shall be unlawful for any person or other legal entity, public or private-- ``(1) to conduct or attempt to conduct human cloning; ``(2) to ship the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or ``(3) to use funds made available under any provision of Federal law for an activity prohibited under paragraph (1) or (2). ``(c) Protection of Medical Research.--Nothing in this section shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited in this section, including research or practices that involve the use of-- ``(1) nuclear transplantation to produce human stem cells; ``(2) techniques to create exact duplicates of molecules, DNA, cells, and tissues; ``(3) mitochondrial, cytoplasmic or gene therapy; or ``(4) nuclear transplantation techniques to create nonhuman animals. ``(d) Penalties.-- ``(1) In general.--Whoever intentionally violates any provision of subsection (b) shall be fined under this title and imprisoned not more than 10 years. ``(2) Civil penalties.--Whoever intentionally violates paragraph (1), (2), or (3) of subsection (b) shall be subject to a civil penalty of $1,000,000 or three times the gross pecuniary gain resulting from the violation, whichever is greater. ``(3) Civil actions.--If a person is violating or about to violate the provisions of subsection (b), the Attorney General may commence a civil action in an appropriate Federal district court to enjoin such violation. ``(4) Forfeiture.--Any property, real or personal, derived from or used to commit a violation or attempted violation of the provisions of subsection (b), or any property traceable to such property, shall be subject to forfeiture to the United States in accordance with the procedures set forth in chapter 46 of title 18, United States Code. ``(5) Advisory opinions.--The Attorney General shall, upon request, render binding advisory opinions regarding the scope, applicability, interpretation, and enforcement of this section with regard to specific research projects or practices. ``(e) Cooperation With Foreign Countries.--It is the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on the activities prohibited under subsection (b). ``(f) Right of Action.--Nothing in this section shall be construed to give any individual or person a private right of action. ``(g) Preemption of State Law.--The provisions of this section shall preempt any State or local law, that is inconsistent with this section or section 498C of the Public Health Service Act, that prohibits or restricts research regarding, or practices constituting, nuclear transplantation or human cloning.''. (b) Ethical Requirements for Nuclear Transplantation Research.-- Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by adding at the end the following: ``SEC. 498C. ETHICAL REQUIREMENTS FOR NUCLEAR TRANSPLANTATION RESEARCH. ``(a) Definitions.--In this section: ``(1) Human somatic cell.--The term `human somatic cell' means a mature, diploid cell that is obtained or derived from a living or deceased human being at any stage of development. ``(2) Nuclear transplantation.--The term `nuclear transplantation' means transferring the nucleus of a human somatic cell into an oocyte from which the nucleus or all chromosomes have been or will be removed or rendered inert. ``(3) Nucleus.--The term `nucleus' means the cell structure that houses the chromosomes, and thus the genes. ``(4) Oocyte.--The term `oocyte' means the female germ cell, the egg. ``(b) Applicability of Federal Ethical Standards to Nuclear Transplantation Research.--Research involving nuclear transplantation shall be conducted in accordance with the applicable provisions of part 46 of title 45, Code of Federal Regulations (as in effect on the date of enactment of the Human Cloning Prohibition Act of 2001). ``(c) Civil Penalties.--Whoever intentionally violates subsection (b) shall be subject to a civil penalty of not more than $250,000. ``(d) Enforcement.--The Secretary of Health and Human Services shall have the exclusive authority to enforce this section.''. | Human Cloning Prohibition Act of 2001 - Amends the Federal criminal code to prohibit: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation for the purpose of human cloning in the United States or elsewhere; and (3) using funds made available under Federal law for any such activity. Authorizes the Attorney General to commence a civil action to enjoin a violation.Provides that nothing in this Act shall be construed to restrict areas of biomedical and agricultural research or practices not expressly prohibited, including nuclear transplantation to produce human stem cells or to create nonhuman animals.Subjects to forfeiture any real or personal property derived from or used to commit a violation.Directs the Attorney General, upon request, to render binding advisory opinions regarding the applicability of such prohibition with respect to specific research projects or practices.Expresses the sense of Congress that the President should cooperate with foreign countries to enforce mutually supported restrictions on such prohibited activities.Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal standards for the protection of human subjects. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Number Protection Act of 2002''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The inappropriate sale or purchase of Social Security numbers is a significant factor in a growing range of illegal activities, including fraud, identity theft, and, in some cases, stalking and other violent crimes. (2) While financial institutions, health care providers, and other entities have often used Social Security numbers to confirm the identity of an individual, the sale or purchase of these numbers often facilitates the commission of criminal activities, and also can result in serious invasions of individual privacy. (3) The Federal Government requires virtually every individual in the United States to obtain and maintain a Social Security number in order to pay taxes, to qualify for Social Security benefits, or to seek employment. An unintended consequence of these requirements is that Social Security numbers have become tools that can be used to facilitate crime, fraud, and invasions of the privacy of the individuals to whom the numbers are assigned. Because the Federal Government created and maintains this system, and because the Federal Government does not permit persons to exempt themselves from those requirements, it is appropriate for the Government to take steps to stem the abuse of this system. (4) A Social Security number is simply a sequence of numbers. In no meaningful sense can the number itself impart knowledge or ideas. Persons do not sell or transfer such numbers in order to convey any particularized message, nor to express to the purchaser any ideas, knowledge, or thoughts. (5) A Social Security number does not contain, reflect, or convey any publicly significant information or concern any public issue. The sale of such numbers in no way facilitates uninhibited, robust and wide-open public debate; and restrictions on such sale would not affect public debate. (6) No one should seek to profit from the sale of Social Security numbers in circumstances that create a substantial risk of physical, emotional, or financial harm to the individuals to whom those numbers are assigned. (7) Consequently, Congress should enact legislation that will offer individuals assigned such numbers necessary protection from the sale and purchase of Social Security numbers in circumstances that might facilitate unlawful conduct or that might otherwise likely result in unfair and deceptive practices. SEC. 3. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Person.--The term ``person'' means any individual, partnership, corporation, trust, estate, cooperative, association, or any other entity. (3) Sale.--The term ``sale'' means obtaining, directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (4) Purchase.--The term ``purchase'' means providing directly or indirectly, anything of value in exchange for a Social Security number or Social Security account number. Such term does not include the submission of such numbers as part of the process for applying for any type of Government benefit or programs (such as grant or loan applications or welfare or other public assistance programs). Such term also does not include transfers of such numbers as part of a data matching program under the Computer Matching and Privacy Protection Act. (5) Social security number; social security account number.--The terms ``Social Security number'' and ``Social Security account number'' have the meaning given those terms in section 208 of the Social Security Act (42 U.S.C. 408). (6) State.--The term ``State'' means any State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, and any territory or possession of the United States. SEC. 4. REGULATION OF THE SALE AND PURCHASE OF SOCIAL SECURITY NUMBERS AND SOCIAL SECURITY ACCOUNT NUMBERS. (a) Prohibition.--It shall be unlawful for any person to sell or purchase a Social Security number or Social Security account number in a manner that violates a regulation promulgated by the Commission under subsection (b) of this section. (b) Regulations.-- (1) Restrictions authorized.--The Commission, after consultation with the Commissioner of Social Security, the Department of Justice, and other agencies as the Commission deems appropriate, shall promulgate regulations restricting the sale and purchase of Social Security numbers and Social Security account numbers and any unfair or deceptive acts or practices in connection with the sale and purchase of Social Security numbers and Social Security account numbers. (2) Limitations on restrictions.--In promulgating such regulations, the Commission shall impose restrictions and conditions on the sale and purchase of Social Security numbers and Social Security account numbers that are no broader than necessary-- (A) to provide reasonable assurance that Social Security numbers and Social Security account numbers will not be used to commit or facilitate fraud, deception, or crime; and (B) to prevent an undue risk of bodily, emotional, or financial harm to individuals. For purposes of subparagraph (B), the Commission shall consider the nature, likelihood and severity of the anticipated harm; the nature, likelihood and extent of any benefits that could be realized from the sale or purchase of the numbers; and any other relevant factors. (3) Exceptions.--The regulations promulgated pursuant to paragraph (1) shall include exceptions which permit the sale and purchase of Social Security numbers and Social Security account numbers-- (A) to the extent necessary for law enforcement or national security purposes; (B) to the extent necessary for public health purposes; (C) to the extent necessary in emergency situations to protect the health or safety of 1 or more individuals; (D) to the extent necessary for research conducted for the purpose of advancing public knowledge, on the condition that the researcher provides adequate assurances that-- (i) the Social Security numbers or Social Security account numbers will not be used to harass, target, or publicly reveal information concerning any identifiable individuals; (ii) information about identifiable individuals obtained from the research will not to be used to make decisions that directly affect the rights, benefits, or privileges of specific individuals; and (iii) the researcher has in place appropriate safeguards to protect the privacy and confidentiality of any information about identifiable individuals; (E) to the extent consistent with an individual's voluntary and affirmative written consent to the sale or purchase of a Social Security number or Social Security account number that has been assigned to that individual; and (F) under other appropriate circumstances as the Commission may determine and as are consistent with the findings in section 2 and the principles in paragraph (2). (c) Rulemaking.-- (1) Deadline for action.--Not later than 1 year after the date of enactment of this Act, the Commission shall promulgate the regulations under subsection (b) of this section, in accordance with section 553 of title 5, United States Code. (2) Effective dates.--Subsection (a), the regulations promulgated under subsection (b), and section 5 shall take effect 30 days after the date on which the final regulations issued under this section are published in the Federal Register. (d) Enforcement.--Any violation of a regulation promulgated under subsection (b) of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (e) Administration and Applicability of Act.-- (1) The commission.--The Commission shall prevent any person from violating this section, and any regulation promulgated thereunder, in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Any person who violates such regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.) as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. Nothing contained in this Act shall be construed to limit the authority of the Commission under any other provision of law. (2) Actions by states.-- (A) Civil actions.--In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by an act or practice that violates any regulation of the Commission promulgated under subsection (b), the State, as parens patriae, may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction, to-- (i) enjoin that act or practice; (ii) enforce compliance with the regulation; (iii) obtain damages, restitution, or other compensation on behalf of residents of the State; or (iv) obtain such other legal and equitable relief as the district court may consider to be appropriate. Before filing an action under this subsection, the attorney general of the State involved shall provide to the Commission and to the Attorney General a written notice of that action and a copy of the complaint for that action. If the State attorney general determines that it is not feasible to provide the notice described in this subparagraph before the filing of the action, the State attorney general shall provide the written notice and the copy of the complaint to the Commission and to the Attorney General as soon after the filing of the complaint as practicable. (B) Commission and attorney general authority.--On receiving notice under subparagraph (A), the Commission and the Attorney General each shall have the right-- (i) to move to stay the action, pending the final disposition of a pending Federal matter as described in subparagraph (C); (ii) to intervene in an action under clause (i); (iii) upon so intervening, to be heard on all matters arising therein; and (iv) to file petitions for appeal. (C) Pending criminal proceedings.--If the Attorney General has instituted a criminal proceeding or the Federal Trade Commission has instituted a civil action for a violation of this Act or any regulations thereunder, no State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in the criminal proceeding or civil action for any violation of this section that is alleged in that proceeding or action. (D) Rule of construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (E) Venue; service of process.--Any action brought under this section may be brought in any district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. In an action brought under this section, process may be served in any district in which the defendant is an inhabitant or may be found. | Social Security Number Protection Act of 2002 - Provides for the regulation of the sale and purchase of Social Security numbers and Social Security account numbers.Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to establish criminal penalties for sales and purchases of the Social Security number and Social Security account number of any person in violation of the laws of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Progress Commemoration Act''. SEC. 2. DECLARATION. Congress declares that-- (1) the original Seneca Falls Convention, held in upstate New York in July 1848, convened to consider the social conditions and civil rights of women at that time; (2) the convention marked the beginning of an admirable and courageous struggle for equal rights for women; (3) the 150th Anniversary of the convention provides an excellent opportunity to examine the history of the women's movement; and (4) a Federal Commission should be established for the important task of ensuring the historic preservation of sites that have been instrumental in American women's history, creating a living legacy for generations to come. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as the ``Women's Progress Commemoration Commission'' (referred to in this Act as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 15 members, of whom-- (A) 3 shall be appointed by the President; (B) 3 shall be appointed by the Speaker of the House of Representatives; (C) 3 shall be appointed by the minority leader of the House of Representatives; (D) 3 shall be appointed by the majority leader of the Senate; and (E) 3 shall be appointed by the minority leader of the Senate. (2) Persons eligible.-- (A) In general.--The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission. The members may be from the public or private sector, and may include Federal, State, local, or employees, members of academia, nonprofit organizations, or industry, or other interested individuals. (B) Diversity.--It is the intent of Congress that persons appointed to the Commission under paragraph (1) be persons who represent diverse economic, professional, and cultural backgrounds. (3) Consultation and appointment.-- (A) In general.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall consult among themselves before appointing the members of the Commission in order to achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission. (B) Completion of appointments; vacancies.--The President, Speaker of the House of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority leader of the Senate shall conduct the consultation under subparagraph (3) and make their respective appointments not later than 60 days after the date of enactment of this Act. (4) Vacancies.-- A vacancy in the membership of the Commission shall not affect the powers of the Commission and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs. (c) Meetings.-- (1) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (2) Subsequent meetings.--After the initial meeting, the Commission shall meet at the call of the Chairperson. (d) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (e) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. Not later than 1 year after the initial meeting of the Commission, the Commission, in cooperation with the Secretary of the Interior and other appropriate Federal, State, and local public and private entities, shall prepare and submit to the Secretary of the Interior a report that-- (1) identifies sites of historical significance to the women's movement; and (2) recommends actions, under the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other law, to rehabilitate and preserve the sites and provide to the public interpretive and educational materials and activities at the sites. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties of this Act. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. At the request of the Chairperson of the Committee, the head of such department or agency shall furnish such information to the Commission. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--A member of the Commission who is not otherwise an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. A member of the Commission who is otherwise an officer or employee of the United States shall serve without compensation in addition to that received for services as an officer or employee of the United States. (b) Travel Expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of service for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation.--The executive director shall be compensated at a rate not to exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairperson may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for a position at level V of the Executive Schedule under section 5316 of that title. (3) Detail of government employees.--Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and the detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for a position at level V of the Executive Schedule under section 5316 of that title. SEC. 7. FUNDING. (a) Authorization of Appropriations.--There are authorized to be appropriated to the Commission such sums as are necessary to carry out this Act. (b) Donations.--The Commission may accept donations from non- Federal sources to defray the costs of the operations of the Commission. SEC. 8. TERMINATION. The Commission shall terminate on the date that is 30 days after the date on which the Commission submits to the Secretary of the Interior the report under section 4. SEC. 9. REPORTS TO CONGRESS. Not later 2 years and not later than 5 years after the date on which the Commission submits to the Secretary of the Interior the report under section 4, the Secretary of the Interior shall submit to Congress a report describing the actions that have been taken to preserve the sites identified in the Commission report as being of historical significance. | Women's Progress Commemoration Act - Establishes the Women's Progress Commemoration Commission, which shall report to the Secretary of the Interior on: (1) sites of historical significance to the women's movement; and (2) recommended actions, under the National Historic Preservation Act and other law, to rehabilitate and preserve them, and provide to the public interpretive and educational materials and activities. Authorizes appropriations. Requires the Secretary, after receipt of the Commission's report, to report to the Congress on actions taken to preserve the sites identified. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Seasoned Customer CTR Exemption Act of 2006''. SEC. 2. EXCEPTION FROM CURRENCY TRANSACTION REPORTS FOR SEASONED CUSTOMERS. (a) Findings.--The Congress finds as follows: (1) The completion of and filing of currency transaction reports under section 5313 of title 31, United States Code, poses a compliance burden on the financial industry. (2) Due to the nature of the transactions or the persons and entities conducting such transactions, some reports as currently filed may not be relevant to the detection, deterrence, or investigation of financial crimes, including money laundering and the financing of terrorism. (3) However, the data contained in such reports can provide valuable context for the analysis of other data derived pursuant to subchapter II of chapter 53 of title 31, United States Code, as well as investigative data, which provide invaluable and indispensable information supporting efforts to combat money laundering and other financial crimes. (4) An appropriate exemption process from the reporting requirements for certain currency transactions that are of little or no value to ongoing efforts of law enforcement agencies, financial regulatory agencies, and the financial services industry to investigate, detect, or deter financial crimes would continue to fulfill the compelling need to produce and provide meaningful information to policy-makers, financial regulators, law enforcement, and intelligence agencies, while potentially lowering the compliance burden placed on financial institutions by the need to file such reports. (5) The Secretary of the Treasury has by regulation, and in accordance with section 5313 of title 31, United States Code, implemented a process by which institutions may seek exemptions from filing certain currency transaction reports based on appropriate circumstances; however, the financial industry has not taken full advantage of these provisions and has contended that they are unduly burdensome. (6) The act of providing notice to the Secretary of the Treasury of designations of exemption-- (A) provides meaningful information to law enforcement officials on exempt customers and enables law enforcement to obtain account information through appropriate legal process; and (B) complements other sections of title 31, United States Code, whereby law enforcement can locate financial institutions with relevant records relating to a person of investigative interest, such as information requests made pursuant to regulations implementing section 314(a) of the USA PATRIOT Act of 2001. (7) A designation of exemption has no effect on requirements for depository institutions to apply the full range of anti-money laundering controls required under subchapter II of chapter 53 of title 31, United States Code, and related provisions of law, including the requirement to apply the customer identification program pursuant to section 5326 of such title, and the requirement to identify, monitor, and, if appropriate, report suspicious activity in accordance with section 5318(g) of such title. (8) The Federal banking agencies and the Financial Crimes Enforcement Network have recently provided guidance through the Federal Financial Institutions Examination Council Bank Secrecy Act/Anti-Money Laundering Examination Manual on applying appropriate levels of due diligence and identifying suspicious activity by the types of cash-intensive businesses that generally will be subject to exemption. (b) Seasoned Customer Exemption.--Section 5313(e) of title 31, United States Code, is amended to read as follows: ``(e) Qualified Customer Exemption.-- ``(1) In general.--Before the end of the 270-day period beginning on the date of the enactment of the Seasoned Customer CTR Exemption Act of 2006, the Secretary of the Treasury shall prescribe regulations that exempt any depository institution from filing a report pursuant to this section in a transaction for the payment, receipt, or transfer of United States coins or currency (or other monetary instruments the Secretary of the Treasury prescribes) with a qualified customer of the depository institution. ``(2) Qualified customer defined.--For purposes of this section, the term `qualified customer', with respect to a depository institution, has such meaning as the Secretary of the Treasury shall prescribe, which shall include any person that-- ``(A) is incorporated or organized under the laws of the United States or any State, including a sole proprietorship (as defined in 31 C.F.R. 103.22(d)(6)(vii), as in effect on May 10, 2006), or is registered as and eligible to do business within the United States or a State; ``(B) has maintained a deposit account with the depository institution for at least 12 months; and ``(C) has engaged, using such account, in multiple currency transactions that are subject to the reporting requirements of subsection (a). ``(3) Regulations.-- ``(A) In general.--The Secretary of the Treasury shall prescribe regulations requiring a depository institution to file a 1-time notice of designation of exemption for each qualified customer of the depository institution. ``(B) Form and content of exemption notice.--The Secretary shall by regulation prescribe the form, manner, content, and timing of the qualified customer exemption notice and such notice shall include information sufficient to identify the qualified customer and the accounts of the customer. ``(C) Authority of secretary.-- ``(i) In general.--The Secretary may suspend, reject, or revoke any qualified customer exemption notice, in accordance with criteria prescribed by the Secretary by regulation. ``(ii) Conditions.--The Secretary may establish conditions, in accordance with criteria prescribed by regulation, under which exempt qualified customers of an insured depository institution that is merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution.''. (c) 3-Year Review and Report.--Before the end of the 3-year period beginning on the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the Secretary of Homeland Security, the Federal banking agencies, the banking industry, and such other persons as the Secretary deems appropriate, shall evaluate the operations and effect of the provisions of the amendment made by subsection (a) and make recommendations to Congress as to any legislative action with respect to such provision as the Secretary may determine to be appropriate. SEC. 3. PERIODIC REVIEW OF REPORTING THRESHOLD AND ADJUSTMENT FOR INFLATION. Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(o) Periodic Review of Reporting Threshold and Adjustment for Inflation.-- ``(1) In general.--Before the end of the 90-day period beginning on the date of the enactment of the Seasoned Customer CTR Exemption Act of 2006 and at least every 5 years after the end of such period, the Secretary of the Treasury shall-- ``(A) review the continuing appropriateness, relevance, and utility of each threshold amount or denomination established by the Secretary, in the Secretary's discretion, for any report required by the Secretary under this subchapter; and ``(B) adjust each such amount, at such time and in such manner as the Secretary considers appropriate, for any inflation that the Secretary determines has occurred since the date any such amount was established or last adjusted, as the case may be. ``(2) Report.--Before the end of the 60-day period beginning upon the completion of any review by the Secretary of the Treasury under paragraph (1), the Secretary shall submit a report to the Congress containing the findings and conclusions of the Secretary in connection with such review, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination by the Secretary as a result of such review, including the adjustment for inflation.''. Passed the House of Representatives June 27, 2006. Attest: KAREN L. HAAS, Clerk. | Seasoned Customer CTR Exemption Act of 2006 - Amends federal money and finance law to: (1) repeal the current authority of the Secretary of the Treasury to exempt a depository institution from currency transaction reporting (CTR) requirements with respect to transactions between the depository institution and a qualified business customer; and (2) instruct the Secretary to prescribe regulations that exempt a depository institution from filing a CTR if the transaction is with a qualified customer. Defines qualified customer as any person that: (1) is incorporated or organized under federal or state law, including a sole proprietorship, or is registered as and eligible to do business within the United States or a state; (2) has maintained a deposit account with the depository institution for at least 12 months; and (3) has engaged, using such account, in multiple currency transactions subject to federal CTR requirements. Requires such regulations to require a depository institution to file a one-time notice of designation of exemption for each of its qualified customers. Authorizes the Secretary to: (1) suspend, reject, or revoke any qualified customer exemption notice; and (2) establish conditions under which exempt qualified customers of an insured depository institution merged with or acquired by another insured depository institution will continue to be treated as designated exempt qualified customers of the surviving or acquiring institution. Requires the Secretary to submit a three-year review and report evaluating implementation of this Act. Requires the Secretary to review every five years: (1) the continuing appropriateness, relevance, and utility of each threshold amount or denomination established for any mandatory CTR; (2) adjust such amount for inflation, if any; and (3) report to Congress the review findings and conclusions, together with an explanation for any adjustment, or lack of adjustment, of any threshold amount or denomination. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Communities and Safe Schools Mercury Reduction Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Mercury is a naturally occurring element and bioaccumulative toxin that is easily absorbed through skin and respiratory and gastrointestinal tissues. (2) Although mercury is naturally occurring, studies have shown that its concentration has increased dramatically over the past 150 to 200 years due to mining and industrial activities. (3) Common sources of mercury released into the environment include breakage of mercury-containing products like fluorescent bulbs and thermometers, the manufacturing of mercury-containing products, and incineration of mercury- containing products. (4) According to recent studies, mercury deposits are a significant public health threat in many States throughout the United States. (5) Fetuses, infants, and young children are at the greatest risk from chronic low level mercury exposure. (6) A study by the Centers for Disease Control and Prevention found that approximately 8 percent of women of childbearing age in the United States had mercury levels exceeding the level considered safe by the Environmental Protection Agency for protecting the fetus. This translates into approximately 60,000 babies born each year in the United States at risk of developmental harm due to mercury exposure in the womb. (7) A study published in the Journal of Obstetrics and Gynecology found that elevated mercury exposures associated with seafood could be linked to an increased risk of infertility in both men and women. (8) Mercury pollution is widespread. As of early 2003, 43 States had issued mercury fish consumption advisories for one or more freshwater or marine fish. (9) Mercury is the most common pollutant triggering fish consumption advisories in the United States. The number of mercury advisories has increased 138 percent from 1994 to 2002. In 2002, mercury advisories covered 12,000,000 lake acres and 470,000 river miles. (10) According to the Mercury Study Report, prepared by the Environmental Protection Agency and submitted to Congress in 1997, mercury fever thermometers contribute approximately 17 tons of mercury to solid waste each year. (11) Numerous mercury spills have been documented in schools, often causing thousands of dollars to clean up. A mercury spill in Washington, D.C., in September of 2003 cost over $1,000,000 to clean up and resulted in a temporary school closure of several weeks. (12) Mercury-containing thermostats generally contain 3 grams of mercury, which is enough mercury to poison a 60 acre lake for one year. SEC. 3. GRANT PROGRAM. (a) Establishment.--The Administrator of the Environmental Protection Agency (in this Act referred to as the ``Administrator'') shall establish a program for making renewable grants to governmental and nonprofit agencies and organizations, and to for-profit entities, for projects to-- (1) reduce harmful free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle harmful mercury; (3) educate communities and citizens about the harmful effects of mercury; (4) develop and carry out a plan, in accordance with guidance provided by the Administrator under section 5, on how to eliminate free flowing mercury and instruments containing mercury from the premises of K-12 public and private schools; or (5) carry out a mercury thermometer exchange program. (b) Procedures and Selection Criteria.--The Administrator shall establish procedures for the selection of grant recipients under this section, including requirements that appropriate records and information be made available to the Administrator as necessary to ensure that grant funds are used for the purposes for which they are provided. Criteria for selection shall include-- (1) strengths and weaknesses of the project; (2) adequacy of overall project design; (3) competency of proposed staff; (4) suitability of applicant's available resources; (5) appropriateness of the proposed project duration and budget; and (6) probability that the project will accomplish stated objectives. (c) Recycling Programs.--Funds provided through a grant provided under this section may be used for a recycling program only if more than 50 percent of the total material recycled under the program is mercury. (d) Administrative Expenses.--Not more than 10 percent of the amount appropriated for a fiscal year under subsection (e)(1) may be used by the Administrator for the administrative expenses of carrying out this section. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Administrator for carrying out this section $75,000,000 for each of the fiscal years 2005 through 2008. (2) Set aside.--For each of the first 3 fiscal years for which funds are provided under paragraph (1), at least 40 percent of the amounts made available shall be reserved for projects described in subsection (a)(4) or (5), unless a sufficient number of qualified applications has not been received. SEC. 4. SALE OF THERMOMETERS; THERMOSTAT REPLACEMENT AND RECYCLING. (a) In General.--Subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) is amended by adding at the end the following: ``SEC. 3024. MERCURY. ``(a) Sale of Thermometers.--Effective beginning 180 days after the date of enactment of this section-- ``(1) a person shall not sell or supply a mercury fever thermometer to a consumer, except by prescription; and ``(2) with each mercury fever thermometer sold or supplied by prescription, the manufacturer of the thermometer shall provide clear instructions on-- ``(A) careful handling of the thermometer to avoid breakage; and ``(B) proper cleanup of the thermometer and its contents in the event of breakage. ``(b) Thermostat Replacement.--Effective beginning 2 years after the date of enactment of this section-- ``(1) a contractor who replaces a building thermostat in a residential or commercial building shall dispose of the replaced thermostat through a recycling program established or participated in under paragraph (2); and ``(2) each manufacturer of building thermostats for installation in a residential or commercial building shall-- ``(A) establish or participate in a program for the safe and environmentally responsible recycling of thermostats replaced by the manufacturer's thermostats; and ``(B) establish or participate in a program to clearly educate individuals who sell or install the manufacturer's thermostats about the program established under subparagraph (A).''. (b) Conforming Amendment.--Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding at the end of the items relating to subtitle C the following: ``Sec. 3024. Mercury.''. SEC. 5. SCHOOL PREMISES GUIDANCE. Not later than 1 year after the date of enactment of this Act, the Administrator shall publish guidance to assist State and local governments to remove elemental free-flowing mercury and mercury-added instruments from the premises of public and private schools. Thermostats, computers, and motorized vehicles shall not be considered instruments for the purposes of this section. SEC. 6. ANNUAL REPORT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator, after obtaining necessary information from appropriate State agencies, shall transmit to the Congress a report on the progress made under this Act. Such report shall include-- (1) an executive summary; (2) a brief description of the background of this Act; (3) a State-by-State progress summary of mercury reduction efforts relating to this Act, including a quantitative analysis of the amount of mercury eliminated, recycled, or disposed of in each State, and an identification of the method or program responsible; (4) a description of grants and amounts awarded under section 3, and of the criteria used for awarding those grants; (5) a summary of a few selected mercury reduction programs that received grants, with a description of the success or problems each program had; (6) a detailed financial reporting of total administration costs of carrying out this Act; (7) a joint summary, by the Administrator and appropriate State officials, that describes the coordination and communication progress and problems between the Federal and State Governments in carrying out this Act; and (8) recommendations for greater efficiency or improvement of administration of this Act. SEC. 7. MERCURY AMALGAM REDUCTION. Not later than 3 years after the date of enactment of this Act, the Administrator shall issue regulations requiring dentists to install a device that captures 90 percent or more of mercury-laden amalgam on every chair or office structure in which mercury amalgam is administered to their patients. The Administrator may provide for waivers from the requirements of this section for structural obstacle or significant financial economic harm reasons. | Safe Communities and Safe Schools Mercury Reduction Act of 2004 - Requires the Administrator of the Environmental Protection Agency to establish a grant program for projects to: (1) reduce free-flowing elemental mercury and mercury-added products from the environment; (2) safely dispose of or recycle mercury; (3) educate communities and citizens about mercury's harmful effects; (4) develop and carry out a plan for eliminating free-flowing mercury and instruments containing mercury from K-12 public and private schools; or (5) carry out a mercury thermometer exchange program. Amends the Solid Waste Disposal Act to: (1) prohibit the sale or supplying of mercury fever thermometers to consumers except by prescription; and (2) require manufacturers of such prescribed thermometers to provide instructions on careful handling to avoid breakage and proper cleanup in the event of breakage. Requires contractors who replace building thermostats in residential or commercial buildings to dispose of replaced thermometers through recycling programs established or participated in by building thermostat manufacturers as required by this Act. Requires the Administrator to publish guidance to assist State and local governments in removing elemental free-flowing mercury and mercury-added instruments from public and private schools. Directs the Administrator to issue regulations requiring dentists to install a device that captures 90 percent or more of mercury-laden amalgam on every chair or office structure in which mercury amalgam is administered to patients. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Petroleum Supply Act''. SEC. 2. PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY ENTITIES IN INSULAR AREAS OF UNITED STATES. Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241) is amended by adding at the end the following: ``(j) Purchases From Strategic Petroleum Reserve by Entities in Insular Areas of United States.-- ``(1) Definitions.--In this subsection: ``(A) Binding offer.--The term `binding offer' means a bid submitted by the State of Hawaii for an assured award of a specific quantity of petroleum product, with a price to be calculated pursuant to this Act, that obligates the offeror to take title to the petroleum product without further negotiation or recourse to withdraw the offer. ``(B) Category of petroleum product.--The term `category of petroleum product' means a master line item within a notice of sale. ``(C) Eligible entity.--The term `eligible entity' means an entity that owns or controls a refinery that is located within the State of Hawaii. ``(D) Full tanker load.--The term `full tanker load' means a tanker of approximately 700,000 barrels of capacity, or such lesser tanker capacity as may be designated by the State of Hawaii. ``(E) Insular area.--The term `insular area' means the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, Guam, American Samoa, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``(F) Offering.--The term `offering' means a solicitation for bids for a quantity or quantities of petroleum product from the Strategic Petroleum Reserve as specified in the notice of sale. ``(G) Notice of sale.--The term `notice of sale' means the document that announces-- ``(i) the sale of Strategic Petroleum Reserve products; ``(ii) the quantity, characteristics, and location of the petroleum product being sold; ``(iii) the delivery period for the sale; and ``(iv) the procedures for submitting offers. ``(2) In General.--In the case of an offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve-- ``(A) the State of Hawaii, in addition to having the opportunity to submit a competitive bid, may-- ``(i) submit a binding offer, and shall on submission of the offer, be entitled to purchase a category of a petroleum product specified in a notice of sale at a price equal to the volumetrically weighted average of the successful bids made for the remaining quantity of the petroleum product within the category that is the subject of the offering; and ``(ii) submit 1 or more alternative offers, for other categories of the petroleum product, that will be binding if no price competitive contract is awarded for the category of petroleum product on which a binding offer is submitted under clause (i); and ``(B) at the request of the Governor of the State of Hawaii, a petroleum product purchased by the State of Hawaii at a competitive sale or through a binding offer shall have first preference in scheduling for lifting. ``(3) Limitation on quantity.-- ``(A) In general.--In administering this subsection, in the case of each offering, the Secretary may impose the limitation described in subparagraph (B) or (C) that results in the purchase of the lesser quantity of petroleum product. ``(B) Portion of quantity of previous imports.--The Secretary may limit the quantity of a petroleum product that the State of Hawaii may purchase through a binding offer at any offering to \1/12\ of the total quantity of imports of the petroleum product brought into the State during the previous year (or other period determined by the Secretary to be representative). ``(C) Percentage of offering.--The Secretary may limit the quantity that may be purchased through binding offers at any offering to 3 percent of the offering. ``(4) Adjustments.-- ``(A) In general.--Notwithstanding any limitation imposed under paragraph (3), in administering this subsection, in the case of each offering, the Secretary shall, at the request of the Governor of the State of Hawaii, or an eligible entity certified under paragraph (7), adjust the quantity to be sold to the State of Hawaii in accordance with this paragraph. ``(B) Upward adjustment.--The Secretary shall adjust upward to the next whole number increment of a full tanker load if the quantity to be sold is-- ``(i) less than 1 full tanker load; or ``(ii) greater than or equal to 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(C) Downward adjustment.--The Secretary shall adjust downward to the next whole number increment of a full tanker load if the quantity to be sold is less than 50 percent of a full tanker load more than a whole number increment of a full tanker load. ``(5) Delivery to other locations.--The State of Hawaii may enter into an exchange or a processing agreement that requires delivery to other locations, if a petroleum product of similar value or quantity is delivered to the State of Hawaii. ``(6) Standard sales provisions.--Except as otherwise provided in this Act, the Secretary may require the State of Hawaii to comply with the standard sales provisions applicable to purchasers of petroleum product at competitive sales. ``(7) Eligible entities.-- ``(A) In general.--Subject to subparagraphs (B) and (C) and notwithstanding any other provision of this paragraph, if the Governor of the State of Hawaii certifies to the Secretary that the State has entered into an agreement with an eligible entity to carry out this Act, the eligible entity may act on behalf of the State of Hawaii to carry out this subsection. ``(B) Limitation.--The Governor of the State of Hawaii shall not certify more than 1 eligible entity under this paragraph for each notice of sale. ``(C) Barred company.--If the Secretary has notified the Governor of the State of Hawaii that a company has been barred from bidding (either prior to, or at the time that a notice of sale is issued), the Governor shall not certify the company under this paragraph. ``(7) Supplies of petroleum products.--At the request of the governor of an insular area, the Secretary shall, for a period not to exceed 180 days following a drawdown of the Strategic Petroleum Reserve, assist the insular area in its efforts to maintain adequate supplies of petroleum products from traditional and non-traditional suppliers.''. SEC. 3. REGULATIONS. (a) In General.--The Secretary of Energy shall issue such regulations as are necessary to carry out the amendment made by section 2. (b) Administrative Procedure.--Regulations issued to carry out the amendment made by section 2 shall not be subject to-- (1) section 523 of the Energy Policy and Conservation Act (42 U.S.C. 6393); or (2) section 501 of the Department of Energy Organization Act (42 U.S.C. 7191). SEC. 4. EFFECTIVE DATE. The amendment made by section 2 takes effect on the earlier of-- (1) the date that is 180 days after the date of enactment of this Act; or (2) the date that final regulations are issued under section 3. | Emergency Petroleum Supply Act - Amends the Energy Policy and Conservation Act with respect to each offering of a quantity of petroleum product during a drawdown of the Strategic Petroleum Reserve to prescribe guidelines according to which the State of Hawaii may: (1) submit binding offers for (thus becoming entitled to) and purchase categories of such product, receiving, at the Governor's request, first preference in scheduling for lifting; and (2) enter into agreements with eligible entities (local refineries) which may act on the State's behalf. Instructs the Secretary of Energy, at the request of the governor of an insular area, to assist such area in its efforts to maintain adequate petroleum products supplies for a maximum 180-day period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Flexibility to Promote Reemployment Act''. SEC. 2. REMOVAL OF BARRIERS TO PROMOTE REEMPLOYMENT THROUGH DEMONSTRATION PROJECTS. (a) Modification of Numerical Limitation.--Subsection (a) of section 305 of the Social Security Act (42 U.S.C. 505) is amended by inserting ``per year'' after ``10 States''. (b) Clarification of Application Requirements.--Subsection (b) of such section 305 is amended-- (1) by inserting ``or his or her designee'' after ``The Governor of any State''; and (2) by striking paragraph (2) and inserting the following: ``(2) for any waiver requested under subsection (c), a statement describing-- ``(A) the specific provision or provisions of law for which such waiver is requested; and ``(B) the specific aspects of the project to which such waiver would apply and the reasons why it is needed;''. (c) Extension of Eligible Time Period.--Subsection (d) of such section 305 is amended-- (1) in paragraph (2), by striking ``may not be approved'' and inserting ``may not be conducted''; and (2) in paragraph (3), by striking ``December 31, 2015'' and inserting ``December 31, 2021''. (d) Clarification of Demonstration Activities.--Subsection (e) of such section 305 is amended-- (1) in paragraph (1), by striking ``for employer-provided training, such as'' and inserting ``to employers or claimants for employer-provided training or''; and (2) in paragraph (2), by striking ``, not to exceed the weekly benefit amount for each such individual, to pay part of the cost of wages that exceed the unemployed individual's prior benefit level'' and inserting ``that include disbursements promoting retention''. (e) Selection of Qualifying Applications on a First-Come, First- Served Basis.--Subsection (f) of such section 305 is amended-- (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3); and (2) by inserting before paragraph (2) (as redesignated by this subsection) the following: ``(1) approve completed applications in the order of receipt;''. (f) Termination of Demonstration Projects.--Subsection (g) of such section 305 is amended to read as follows: ``(g) The Secretary of Labor may terminate a demonstration project under this section if the Secretary-- ``(1) determines that the State has violated the substantive terms or conditions of the project; ``(2) notifies the State in writing with sufficient detail describing the violation; and ``(3) determines that the State has not taken action to correct the violation within 90 days after the notification.''. (g) Effective Date; Transition Rule.-- (1) Effective date.--The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Transition rule.-- (A) In general.--Nothing in this Act shall be considered to terminate or otherwise affect any demonstration project approved under section 305 of the Social Security Act before the date of the enactment of this Act. (B) Original conditions continue to apply.--A demonstration project described in subparagraph (A) shall be conducted in the same manner as if subsections (a) through (f) had not been enacted. SEC. 3. EVALUATION OF DEMONSTRATION PROJECTS. (a) In General.--Section 305 of the Social Security Act (42 U.S.C. 505) is amended by adding at the end the following: ``(i) The Secretary of Labor shall conduct an impact evaluation of each demonstration project conducted under this section, using existing data sources to the extent possible and methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, and employment retention.''. (b) Cooperation by State.--Section 305(b) of the Social Security Act (42 U.S.C. 505(b)) (as amended by section 2(b) of this Act) is further amended by striking paragraphs (5) and (6) and inserting the following: ``(5) a description of the manner in which the State will determine the extent to which the goals and outcomes described in paragraph (3) were achieved; ``(6) assurances that the State will cooperate, in a timely manner, with the Secretary of Labor with respect to the impact evaluation conducted under subsection (i); and''. (c) Reporting.--Not later than 90 days after the end of fiscal year 2018 and each fiscal year thereafter, until the completion of the last evaluation under section 305(i) of the Social Security Act, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report that includes a description of-- (1) the status of each demonstration project being carried out under this section; (2) the results of the evaluation completed during the previous fiscal year; and (3) the Secretary's plan for-- (A) disseminating the findings of the report to appropriate State agencies; and (B) incorporating the components of successful demonstration projects that reduced benefit duration and increased employment into Federal unemployment law. (d) Public Dissemination.--In addition to the reporting requirements under subparagraph (c), evaluation results shall be shared broadly to inform policy makers, service providers, other partners, and the public in order to promote wide use of successful strategies, including by posting evaluation results on the Internet website of the Department of Labor. | Flexibility to Promote Reemployment Act This bill authorizes the Department of Labor to enter into agreements with 10 states per year (currently, 10 states total) for the purpose of allowing such states to conduct reemployment demonstration projects. In addition to a governor of a state, a designee of a governor may apply for approval of such a project. The allowable project period is extended through December 31, 2021. A demonstration project may include disbursements promoting retention to employers who hire individuals receiving unemployment compensation. Labor must approve completed applications in the order of receipt. Labor may terminate a demonstration project under this bill if it notifies the state in writing with sufficient detail describing the violation and determines that the state has not taken action to correct the violation within 90 days after the notification. The bill directs Labor to evaluate the impact of each demonstration project using existing data sources and methodology appropriate to determine project effects, including the effect on individual skill levels, earnings, and employment retention. |
SECTION 1. COMPUTER TECHNOLOGY AND EQUIPMENT ALLOWED AS A QUALIFIED HIGHER EDUCATION EXPENSE FOR SECTION 529 ACCOUNTS. (a) Made Permanent.--Clause (iii) of section 529(e)(3)(A) of the Internal Revenue Code of 1986 is amended by striking ``in 2009 or 2010''. (b) Only for Use Primarily by the Beneficiary.--Clause (iii) of section 529(e)(3)(A) of such Code is amended by striking ``used by the beneficiary and the beneficiary's family'' and inserting ``used primarily by the beneficiary''. (c) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred after December 31, 2010. SEC. 2. INVESTMENT DIRECTION UNDER QUALIFIED TUITION PROGRAMS. (a) In General.--Paragraph (4) of section 529(b) of the Internal Revenue Code of 1986 is amended by striking the period at the end and inserting ``more frequently than 4 times per calendar year.''. (b) Clerical Amendment.--The heading for paragraph (4) of section 529(b) of such Code is amended by striking ``No investment direction'' and inserting ``Limited investment direction''. (c) Effective Date.--The amendments made by this section shall apply to years beginning after December 31, 2013. SEC. 3. ELIMINATION OF DISTRIBUTION AGGREGATION REQUIREMENTS. (a) In General.--Clause (ii) of section 529(c)(3)(D) of the Internal Revenue Code of 1986 is amended by inserting before the comma at the end the following: ``, except for purposes of calculating the earnings portion of any distribution.''. (b) Effective Date.--The amendment made by this section shall apply to distributions after December 31, 2013. SEC. 4. CONTRIBUTION OF AMOUNTS PREVIOUSLY DISTRIBUTED IN CASE OF WITHDRAWAL FROM SCHOOL. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for contributions relating to withdrawal from school.--In the case of a beneficiary who receives a refund of any qualified higher education expenses from an eligible educational institution in connection with withdrawal from enrollment at such institution, subparagraph (A) shall not apply to that portion of any distribution for the taxable year which is recontributed to a qualified tuition program of which such individual is a beneficiary, but only to the extent such recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount.''. (b) Effective Date.--The amendment made by this section shall apply with respect to distributions after December 31, 2013. SEC. 5. SPECIAL ROLLOVER TO ROTH IRA FROM LONG-TERM QUALIFIED TUITION PROGRAM. (a) In General.--Paragraph (3) of section 529(c) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new subparagraph: ``(F) Special rollover to roth ira from long-term qualified tuition program.--For purposes of this section-- ``(i) In general.--In the case of a distribution from a qualified tuition program which has been maintained by an account owner for the 10-year period ending on the date of such distribution-- ``(I) subparagraph (A) shall not apply to any portion of such distribution which, not later than 60 days after such distribution, is paid into a Roth IRA maintained for the benefit of such account owner or the designated beneficiary under such qualified tuition program, and ``(II) such portion shall be treated as a rollover contribution for purposes of section 408A(e). ``(ii) Limitation.--Clause (i) shall only apply to so much of any distribution as does not exceed the lesser of-- ``(I) $25,000, or ``(II) the aggregate amount contributed to the program (and earnings attributable thereto) before the 5-year period ending on the date of the distribution.''. (b) Qualified Rollover Contribution.--Paragraph (1) of section 408A(e) of such Code is amended by striking the period at the end of subparagraph (B) and inserting ``, and'' and by inserting after subparagraph (B) the following new subparagraph: ``(C) from a covered qualified tuition program (as defined in section 529(c)(3)(F)(ii)).''. (c) Effective Date.--The amendments made by this section shall apply with respect to distributions after December 31, 2013. | Amends the Internal Revenue Code, with respect to tax-exempt qualified tuition programs (529 plans), to: (1) make permanent the allowance for computer technology and equipment expenses and require that such technology and equipment be used primarily by the plan beneficiary (formerly, beneficiary and beneficiary's family); (2) allow contributors to a 529 plan or a plan beneficiary to direct plan investments, but not more frequently than four times per calendar year; (3) permit a recontribution to a 529 plan of amounts refunded to a student who withdraws from an educational institution if the recontribution is made not later than 60 days after the date of such refund and does not exceed the refunded amount; and (4) allow tax-free rollovers to a Roth individual retirement account (Roth IRA) of distributions from a qualified tuition program which has been maintained by the account holder for a 10-year period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Girls Count Act of 2014''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the United States Census Bureau's 2014 international figures, 1 person in 8--or 12 percent of the total population of the world--is a girl or young woman age 10 through 24. (2) The Census Bureau's data also asserts that young people are the fastest growing segment of the population in developing countries. (3) Even though most countries have birth registration laws, every year 51,000,000 children under age 5 are not registered at birth, most of whom are girls. (4) A nationally recognized proof of birth system is the key to determining a child's citizenship, nationality, place of birth, parentage, and age. Without such a system, a passport, drivers license, or national identification card is extremely difficult to obtain. The lack of such documentation prevents girls and women from officially participating in and benefitting from the formal economic, legal, and political sectors in their countries. (5) Without the ability to gain employment and identification necessary to officially participate in these sectors, women and girls are confined to the home and remain unpaid and often-invisible members of society. (6) Girls undertake much of the domestic labor needed for poor families to survive: carrying water, harvesting crops, tending livestock, caring for younger children, and doing chores. (7) Accurate assessments of access to education, poverty levels, and overall census activities are hampered by the lack of official information on women and girls. Without this rudimentary information, assessments of foreign assistance and domestic social welfare programs cannot be accurately gauged. (8) To ensure that women and girls are fully integrated into United States foreign assistance policies and programs, that the specific needs of girls are, to the maximum extent possible, addressed in the design, implementation, and evaluation of development assistance programs, and that women and girls have the power to effect the decisions that affect their lives, all girls should be counted and have access to birth certificates and other official documentation. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States to-- (1) encourage countries to uphold the Universal Declaration of Human Rights and enact laws that ensure girls and boys of all ages are full participants in society, including requiring birth certifications and some type of national identity card to ensure that all citizens, including girls, are counted; (2) enhance training and capacity-building in developing countries, local nongovernmental organizations, and other civil society organizations to effectively address the needs of birth registries in countries where girls are undercounted; (3) include organizations representing children and families in the design, implementation, and monitoring of programs under this Act; and (4) incorporate into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on girls. SEC. 4. UNITED STATES ASSISTANCE TO SUPPORT COUNTING OF GIRLS IN THE DEVELOPING WORLD. (a) Authorization.--The Secretary and the Administrator are authorized to-- (1) support programs that will contribute to improved and sustainable Civil Registration and Vital Statistics Systems (CRVS) with a focus on birth registration as the first and most important life event to be registered; (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls; (3) support programs to help increase property rights, social security, home ownership, land tenure security, and inheritance rights for women; and (4) assist key ministries in the governments of developing countries, including health, interior, youth, and education ministries, to ensure that girls from poor households obtain equitable access to social programs. (b) Coordination With Multilateral Organizations.--The Secretary and the Administrator shall coordinate with the World Bank, relevant United Nations agencies and programs, and other relevant organizations to urge and work with countries to enact, implement, and enforce laws that specifically collect data on girls and establish registration and identification laws to ensure girls are active participants in the social, economic, legal and political sectors of society in their countries. (c) Coordination With Private Sector and Civil Society Organizations.--The Secretary and the Administrator should work with United States, international, and local private sector and civil society organizations to advocate for the registration and documentation of all girls and boys in developing countries to prevent exploitation, violence, and other abuses. SEC. 5. REPORT. The Secretary and the Administrator shall include in all relevant congressionally mandated reports and documents the following information: (1) To the extent possible, United States foreign assistance and development assistance beneficiaries by age, gender, marital status, location, and school enrollment status in all programs and sectors. (2) A description of how United States foreign assistance and development assistance benefits girls. (3) Information on programs that address the particular needs of girls. SEC. 6. OFFSET. Of the amounts authorized to be appropriated for United States foreign assistance programs of a Federal department or agency that administers such programs for a fiscal year, up to 5 percent of such amounts are authorized to be appropriated to carry out this Act for such fiscal year. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the United States Agency for International Development. (2) Development assistance.--The term ``development assistance'' means-- (A) assistance under-- (i) chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); (ii) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.); (iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.); (iv) title V of the International Security and Development Cooperation Act of 1980 (22 U.S.C. 290h et seq.; relating to the African Development Foundation); and (v) section 401 of the Foreign Assistance Act of 1969 (22 U.S.C. 290f; relating to the Inter-American Foundation); (B) official development assistance under any provision of law; and (C) reconstruction assistance under any provision of law. (3) Foreign assistance.--The term ``foreign assistance'' means any tangible or intangible item provided by the United States Government to a foreign country or international organization under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or any other Act, including any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, any gift, loan, sale, credit, guarantee, or export subsidy, United States dollars, and any currencies of any foreign country which are owned by the United States Government. (4) Secretary.--The term ``Secretary'' means the Secretary of State. SEC. 8. SUNSET. This Act shall expire on the date that is 5 years after the date of the enactment of this Act. | Girls Count Act of 2014 - Authorizes the Secretary of State and the Administrator of the U.S. Agency for International Development (USAID) to: (1) support programs that will contribute to improved civil registration and vital statistics systems with a focus on birth registration; and (2) promote programs that build the capacity of developing countries' national and local legal and policy frameworks to prevent discrimination against girls, and help increase property rights, social security, land tenure, and inheritance rights for women. |
SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Kingston Cemetery'' in Kingston, Nevada, predates incorporation of the land within the jurisdiction of the Forest Service on which the cemetery is situated; (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency; (3) in accordance with Public Law 85-569 (commonly known as the ``Townsite Act'') (16 U.S.C. 478a), the Forest Service has conveyed to the Town of Kingston 1.25 acres of the land on which historic gravesites have been identified; and (4) to ensure that all areas that may have unmarked gravesites are included, and to ensure the availability of adequate gravesite space in future years, an additional parcel consisting of approximately 8.75 acres should be conveyed to the county so as to include the total amount of the acreage included in the original permit issued by the Forest Service for the cemetery. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the ``Secretary''), as soon as practicable after the date of enactment of this Act, shall convey to Lander County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of National Forest System land (including any improvements on the land) known as ``Kingston Cemetery'', consisting of approximately 10 acres and more particularly described as SW1/4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over Forest Development Road #20307B, notwithstanding any future closing of the road for other use. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Termination and reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel in the county shall terminate; (B) title to the parcel shall revert to the Secretary; and (C) the easement granted to the county under subsection (d) shall be revoked. SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA. (a) Findings.--Congress finds that-- (1) the historical use by settlers and travelers since the late 1800's of the cemetery known as ``Maiden's Grave Cemetery'' in Beowawe, Nevada, predates incorporation of the land within the jurisdiction of the Bureau of Land Management on which the cemetery is situated; and (2) it is appropriate that that use be continued through local public ownership of the parcel rather than through the permitting process of the Federal agency. (b) Conveyance on Condition Subsequent.--Subject to valid existing rights and the condition stated in subsection (e), the Secretary of the Interior, acting through the Director of the Bureau of Land Management (referred to in this section as the ``Secretary''), as soon as practicable after the date of enactment of this Act, shall convey to Eureka County, Nevada (referred to in this section as the ``county''), for no consideration, all right, title, and interest of the United States in and to the parcel of land described in subsection (c). (c) Description of Land.--The parcel of land referred to in subsection (b) is the parcel of public land (including any improvements on the land) known as ``Maiden's Grave Cemetery'', consisting of approximately 10 acres and more particularly described as S1/2NE1/4SW1/ 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., R.49E., Mount Diablo Meridian. (d) Easement.--At the time of the conveyance under subsection (b), subject to subsection (e)(2), the Secretary shall grant the county an easement allowing access for persons desiring to visit the cemetery and other cemetery purposes over an appropriate access route. (e) Condition on Use of Land.-- (1) In general.--The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery. (2) Termination and reversion.--If the Secretary, after notice to the county and an opportunity for a hearing, makes a finding that the county has used or permitted the use of the parcel for any purpose other than the purpose specified in paragraph (1), and the county fails to discontinue that use-- (A) title to the parcel in the county shall terminate; (B) title to the parcel shall revert to the Secretary; and (C) the easement granted to the county under subsection (d) shall be revoked. | Directs the Secretary of Agriculture to convey certain land to Lander County, Nevada, and the Secretary of the Interior to convey certain land to Eureka County, Nevada, for continued cemetery use. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF DEFENSE PERSONAL PROPERTY TO FEDERAL AND STATE LAW ENFORCEMENT AGENCIES. (a) Additional Limitations.-- (1) In general.--Section 2576a of title 10, United States Code, is amended-- (A) in subsection (a)-- (i) in paragraph (1)-- (I) in the matter preceding subparagraph (A), by striking ``subsection (b)'' and inserting ``the provisions of this section''; and (II) in subparagraph (A), by striking ``, including counter-drug and counterterrorism activities''; and (ii) in paragraph (2), by striking ``and the Director of National Drug Control Policy''; (B) in subsection (b)-- (i) in paragraph (3), by striking ``and'' at the end; (ii) in paragraph (4), by striking the period and inserting a semicolon; and (iii) by adding at the end the following new paragraphs: ``(5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; and ``(6) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense.''; (C) by striking subsection (d); and (D) by adding at the end the following new subsections: ``(d) Limitations on Transfers.--The Secretary of Defense may not transfer under this section any property as follows: ``(1) Weapons, weapon parts, and weapon components, including camouflage and deception equipment, and optical sights. ``(2) Weapon system specific vehicular accessories. ``(3) Demolition materials. ``(4) Explosive ordinance. ``(5) Night vision equipment. ``(6) Tactical clothing, including uniform clothing and footwear items, special purpose clothing items, and specialized flight clothing and accessories. ``(7) Drones. ``(8) Combat, assault, and tactical vehicles, including Mine-Resistant Ambush Protected (MRAP) vehicles. ``(9) Training aids and devices. ``(e) Approval by Law Required for Transfer of Property Not Previously Transferrable.--(1) In the event the Secretary of Defense proposes to make available for transfer under this section any property of the Department of Defense not previously made available for transfer under this section, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: ``(A) A description of the property proposed to be made available for transfer. ``(B) A description of the conditions, if any, to be imposed on use of the property after transfer. ``(C) A certification that transfer of the property would not violate a provision of this section or any other provision of law. ``(2) The Secretary may not transfer any property covered by a report under this subsection unless authorized by a law enacted by Congress after the date of the receipt of the report by Congress. ``(f) Annual Certification Accounting for Transferred Property.-- (1) The Secretary of Defense shall submit to the appropriate committees of Congress each year a certification in writing that each recipient to which the Secretary has transferred property under this section during the preceding fiscal year-- ``(A) has provided to the Secretary documentation accounting for all property the Secretary has previously transferred to such recipient under this section; and ``(B) has complied with paragraphs (5) and (6) of subsection (b) with respect to the property so transferred during such fiscal year. ``(2) If the Secretary cannot provide a certification under paragraph (1) for a recipient, the Secretary may not transfer additional property to such recipient under this section, effective as of the date on which the Secretary would otherwise make the certification under this subsection, and such recipient shall be suspended or terminated from further receipt of property under this section. ``(g) Conditions for Extension of Program.--Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to the appropriate committees of Congress a certification that for the preceding fiscal year that-- ``(1) each recipient agency that has received property under this section has-- ``(A) demonstrated 100 percent accountability for all such property, in accordance with paragraph (2) or (3), as applicable; or ``(B) been suspended or terminated from the program pursuant to paragraph (4); ``(2) with respect to each non-Federal agency that has received property under this section, the State Coordinator responsible for each such agency has verified that the State Coordinator or an agent of the State Coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(3) with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended or terminated from the program pursuant to paragraph (4); ``(4) the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph (2) or (3), as applicable, to receive property transferred under this section has been suspended or terminated; and ``(5) each State Coordinator has certified, for each non- Federal agency located in the State for which the State Coordinator is responsible that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated; and ``(6) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(A) the agency has complied with all requirements under this section; or ``(B) the eligibility of the agency to receive property transferred under this section has been suspended or terminated. ``(h) Website.--The Defense Logistics Agency shall maintain, and update on a quarterly basis, an Internet website on which the following information shall be made publicly available in a searchable format: ``(1) A description of each transfer made under this section, including transfers made before the date of the enactment of the Stop Militarizing Law Enforcement Act, set forth by State, county, and recipient agency, and including item name, item type, item model, and quantity. ``(2) A list of all property transferred under this section that is not accounted for by the Defense Logistics Agency, including-- ``(A) the name of the State, county, and recipient agency; ``(B) the item name, item type, and item model; ``(C) the date on which such property became unaccounted for by the Defense Logistics Agency; and ``(D) the current status of such item. ``(3) A list of each agency suspended or terminated from further receipt of property under this section, including State, county, and agency, and the reason for and duration of such suspension or termination. ``(i) Definitions.--In this section: ``(1) The term `appropriate committees of Congress' means-- ``(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and ``(B) the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. ``(2) The term `agent of a State Coordinator' means any individual to whom a State Coordinator formally delegates responsibilities for the duties of the State Coordinator to conduct inventories described in subsection (g)(2). ``(3) The term `State Coordinator', with respect to a State, means the individual appointed by the governor of the State to maintain property accountability records and oversee property use by the State.''. (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (b) Return of Property to Department of Defense.--Not later than one year after the date of the enactment of this Act, each Federal or State agency to which property described by subsection (d) of section 2576a of title 10, United States Code (as added by subsection (a)(1) of this section), was transferred before the date of the enactment of this Act shall return such property to the Defense Logistics Agency on behalf of the Department of Defense. SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS GRANT FUNDS. (a) Definitions.--In this section-- (1) the term ``Agency'' means the Federal Emergency Management Agency; and (2) the term ``preparedness grant program'' includes-- (A) the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 (6 U.S.C. 604); (B) the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 (6 U.S.C. 605); (C) the Port Security Grant Program authorized under section 70107 of title 46, United States Code; and (D) any other non-disaster preparedness grant program of the Agency. (b) Limitation.--The Agency may not permit awards under a preparedness grant program-- (1) to be used to buy, maintain, or alter-- (A) tactical law enforcement protective equipment, including-- (i) ballistic helmets; (ii) ballistic shields; (iii) battle dress uniforms, coveralls, and jumpsuits worn during tactical operations, boots, or other specialized tactical clothing or footwear; and (iv) tactical protective padding; (B) explosive entry equipment; (C) portable or transportable explosive magazines; (D) head and face protection equipment, other than those to be used by certified bomb technicians; (E) robot and remotely piloted vehicles, including upgrades, attachments or tools for robots and remotely piloted vehicles; (F) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (G) tactical or armored vehicles; (H) law enforcement surveillance equipment; (I) long range hailing and warning devices; or (J) tactical entry equipment; or (2) to be used for, or to deploy or obtain training in the use or deployment of-- (A) robots and remotely piloted vehicles; (B) canines (other than bomb-sniffing canines for agencies with certified bomb technicians); (C) explosive entry equipment; (D) law enforcement surveillance equipment; or (E) tactical operations. (c) Review of Prior Receipt of Property Before Award.--In making an award under a preparedness grant program, the Agency shall-- (1) determine whether the awardee has already received, and still retains, property from the Department of Defense pursuant to section 2576a of title 10, United States Code, including through review of the website maintained by the Defense Logistics Agency pursuant to subsection (h) of such section (as added by section 2(a)(1) of this Act); and (2) require that the award may not be used by the awardee to procure or obtain property determined to be retained by the awardee pursuant to paragraph (1). (d) Use of Grant Program Funds for Required Return of Property to DoD.--Notwithstanding any other provision of law, the use of funds by a State or local agency to return to the Department of Defense property transferred to such State or local agency pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of preparedness grant program funds by such agency. SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS. (a) Limitation.--Section 501(d) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by adding at the end the following: ``(3) The purchase, maintenance, alteration, or operation of-- ``(A) lethal weapons; or ``(B) less-lethal weapons.''. (b) Use of Grant Funds for Required Return of Property to DoD.-- Notwithstanding any other provision of law, the use of funds by a State agency or unit of local government to return to the Department of Defense property transferred to such agency or unit of local government pursuant to section 2676a of title 10, United States Code, as such return is required by section 2(b) of this Act, shall be an allowable use of grant amounts under the Edward Byrne Memorial Justice Assistance Grant Program. | Stop Militarizing Law Enforcement Act - Revises the authority the Secretary of Defense (DOD) to transfer excess DOD property, including small arms and ammunition, to federal and state agencies for law enforcement activities to: repeal provisions authorizing the transfer of property the Secretary determines is suitable for use in counter-drug and counter-terrorism activities; repeal provisions directing the Secretary to carry out such transfers in consultation with the Director of National Drug Control Policy; condition such a transfer on the recipient certifying that it has the personnel and technical capacity to operate the property and will return property determined to be surplus to its needs; prohibit the transfer of specified weapons, materials, and equipment, including explosive ordnance, drones, and assault vehicles; and condition continuation of such program on the Secretary certifying that, for the prior fiscal year, recipients demonstrated 100% accountability for transferred property and complied with program requirements or were suspended or terminated from the program. Requires the Secretary to: (1) report to Congress and obtain prior approval by law before transferring any DOD property not previously made available for transfer; and (2) submit an annual written certification that a recipient has accounted for, and met transfer conditions for, any such transferred property. Requires the Defense Logistics Agency to maintain an Internet website on such transfers, unaccounted-for property, and suspended or terminated recipients. Prohibits the Federal Emergency Management Agency (FEMA) from permitting awards under a preparedness grant program to be used to buy, maintain, alter, deploy, or provide training in the use of specified tactical, surveillance, or explosives equipment, vehicles, or canines. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to prohibit the use of Edward Byrne Memorial Justice Assistance Grant funds for the purchase, maintenance, alteration, or operation of lethal weapons or less-lethal weapons. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing Care for Seniors Act of 2015''. SEC. 2. IMPROVEMENTS TO MA RISK ADJUSTMENT SYSTEM. Section 1853(a)(1)(C) of the Social Security Act (42 U.S.C. 1395w- 23(a)(1)(C)) is amended by adding at the end the following new clauses: ``(iv) Evaluation and subsequent revision of the risk adjustment system to account for chronic conditions and other factors for the purpose of making the risk adjustment system more accurate, transparent, and regularly updated.-- ``(I) Revision based on number of chronic conditions.--The Secretary shall revise for 2017 and periodically thereafter, the risk adjustment system under this subparagraph so that a risk score under such system, with respect to an individual, takes into account the number of chronic conditions with which the individual has been diagnosed. ``(II) Evaluation of different risk adjustment models.--The Secretary shall evaluate the impact of including two years of data to compare the models used to determine risk scores for 2013 and 2014 under such system. ``(III) Evaluation and analysis on chronic kidney disease (ckd) codes.-- The Secretary shall evaluate the impact of removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model and conduct an analysis of best practices of MA plans to slow disease progression related to chronic kidney disease. ``(IV) Evaluation and recommendations on use of encounter data.--The Secretary shall evaluate the impact of including 10 percent of encounter data in computing payment for 2016 and the readiness of the Centers for Medicare & Medicaid Services to incorporate encounter data in risk scores. In conducting such evaluation, the Secretary shall use data collected as encounter data on or after January 1, 2012, shall analyze such data for accuracy and completeness and issue recommendations for improving such accuracy and completeness, and shall not increase the percentage of such encounter data used unless the Secretary releases the data publicly, indicates how such data will be weighted in computing the risk scores, and ensures that the data reflects the degree and cost of care coordination under MA plans. ``(V) Conduct of evaluations.-- Evaluations and analyses under subclause (II) through (IV) shall include an actuarial opinion from the Chief Actuary of the Centers for Medicare & Medicaid Services about the reasonableness of the methods, assumptions, and conclusions of such evaluations and analyses. The Secretary shall consult with the Medicare Payment Advisory Commission and accept and consider comments of stakeholders, such as managed care organizations and beneficiary groups, on such evaluation and analyses. The Secretary shall complete such evaluations and analyses in a manner that permits the results to be applied for plan years beginning with the second plan year that begins after the date of the enactment of this clause. ``(VI) Implementation of revisions based on evaluations.--If the Secretary determines, based on such an evaluation or analysis, that revisions to the risk adjustment system to address the matters described in any of subclauses (II) through (IV) would make the risk adjustment system under this subparagraph better reflect and appropriately weight for the population that is served by the plan, the Secretary shall, beginning with 2017, and periodically thereafter, make such revisions. ``(VII) Periodic reporting to congress.--With respect to plan years beginning with 2017 and every third year thereafter, the Secretary shall submit to Congress a report on the most recent revisions (if any) made under this clause, including the evaluations conducted under subclauses (II) through (IV). ``(v) No changes to adjustment factors that prevent activities consistent with national health policy goals.--In making any changes to the adjustment factors, including adjustment for health status under paragraph (3), the Secretary shall ensure that the changes do not prevent Medicare Advantage organizations from performing or undertaking activities that are consistent with national health policy goals, including activities to promote early detection and better care coordination, the use of health risk assessments, care plans, and programs to slow the progression of chronic diseases. ``(vi) Opportunity for review and public comment regarding changes to adjustment factors.--For changes to adjustment factors effective for 2017 and subsequent years, in addition to providing notice of such changes in the announcement under subsection (b)(2), the Secretary shall provide an opportunity for review of proposed changes of not less than 60 days and a public comment period of not less than 30 days before implementing such changes.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Centers for Medicare & Medicaid Services has inadvertently created a star rating system under section 1853(o)(4) of the Social Security Act (42 U.S.C. 1395w- 23(o)(4)) for Medicare Advantage plans that lacks proper accounting for the socioeconomic status of enrollees in such plans and the extent to which such plans serve individuals who are also eligible for medical assistance under title XIX of such Act; and (2) Congress will work with the Centers for Medicare & Medicaid Services and stakeholders, including beneficiary groups and managed care organizations, to ensure that such rating system properly accounts for the socioeconomic status of enrollees in such plans and the extent to which such plans serve such individuals described in paragraph (1). | Securing Care for Seniors Act of 2015 (Sec. 2) This bill amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSAct) to direct the Department of Health and Human Services (HHS) (in effect, the Centers for Medicare & Medicaid Services [CMS]) to revise for 2017, and periodically afterwards, the system for risk adjustments to payments to Medicare+Choice organizations so that an individual's risk score takes into account the number of chronic conditions with which the individual has been diagnosed. HHS must, including an actuarial opinion of the CMS Chief Actuary, evaluate the impacts of: including two years of data to compare the models used to determine the risk scores for 2013 and 2014, removing the diagnosis codes related to chronic kidney disease in the 2014 risk adjustment model, and including 10% of encounter data in computing payment for 2016 and CMS readiness to incorporate encounter data in risk scores. HHS shall also analyze the best practices of MedicareAdvantage (MA) plans to slow disease progression related to chronic kidney disease. HHS shall then, if appropriate, make revisions to the risk adjustment system, based on such an evaluation or analysis, to better reflect and appropriately weight for the population served. (Sec. 3) Congress declares that the MA star rating system lacks proper accounting for the socioeconomic status of plan enrollees and the extent to which those plans serve individuals also eligible for medical assistance under SSAct title XIX (Medicaid). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Opinion Coverage Act of 2005''. SEC. 2. COVERAGE OF SECOND OPINIONS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE OF SECOND OPINIONS. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide that when requested by a participant, beneficiary, or enrollee or participating health care professional who is treating the participant, beneficiary, or enrollee, the plan or issuer shall provide or authorize a second opinion by an appropriately qualified health care professional. Reasons for a second opinion to be provided or authorized include the following: ``(1) If the participant, beneficiary, or enrollee questions the reasonableness or necessity of recommended surgical procedures. ``(2) If the participant, beneficiary, or enrollee questions a diagnosis or plan of care for a condition that threatens loss of life, loss of limb, loss of bodily function, or substantial impairment, including a serious chronic condition. ``(3) If the clinical indications are not clear or are complex and confusing, a diagnosis is in doubt due to conflicting test results, or the treating health care professional is unable to diagnose the condition, and the participant, beneficiary, or enrollee requests an additional diagnosis. ``(4) If the treatment plan in progress is not improving the medical condition of the participant, beneficiary, or enrollee within an appropriate period of time given the diagnosis and plan of care and the participant, beneficiary, or enrollee requests a second opinion regarding the diagnosis or continuance of the treatment. ``(5) If the participant, beneficiary, or enrollee has attempted to follow the plan of care or consulted with the initial provider concerning serious concerns about the diagnosis or plan of care. ``(b) Appropriately Qualified Health Care Professional Defined.-- For purposes of this section, an `appropriately qualified health care professional' is a primary care physician or a specialist who is acting within the professional's scope of practice and who possesses a clinical background, including training and expertise, related to the particular illness, disease, condition or conditions associated with the request for a second opinion. ``(c) Timely Rendering of Opinions.--If a participant, beneficiary, or enrollee or participating health care professional who is treating a participant, beneficiary, or enrollee requests a second opinion pursuant to this section, an authorization or denial shall be provided in an expeditious manner. When the condition of the participant, beneficiary, or enrollee is such that the individual faces an imminent and serious threat to health, including the potential loss of life, limb, or other major bodily function, or lack of timeliness that would be detrimental to the individual's ability to regarding maximum function, the second opinion shall be rendered in a timely fashion appropriate for the nature of the condition involved, but not to exceed 72 hours after the time of the plan's receipt of the request, whenever possible. Each plan or issuer shall file with the Secretary timelines for responding to requests for second opinions for cases involving emergency needs, urgent care, and other requests by not later than 90 days after the date of the enactment of this section, and within 30 days of any amendment to the timelines. The timelines shall be made available to the public upon request. ``(d) Limitation on Liability for Costs.--If a group health plan, or health insurance issuer offering a group health insurance in connection with such a plan, approves a request by a participant, beneficiary, or enrollee for a second opinion, the participant, beneficiary, or enrollee shall be responsible only for the costs of applicable copayments that the group health plan or issuer requires for similar referrals. ``(e) Primary Care Requests.--If the participant, beneficiary, or enrollee is requesting a second opinion about care from the individual's primary care physician, the second opinion shall be provided by an appropriately qualified health care professional of the individual's choice within the same physician organization. ``(f) Specialists.--If the participant, beneficiary, or enrollee is requesting a second opinion about care from a specialist, the second opinion shall be provided by any provider of that individual's choice from any independent practice association or medical group within the network of the same or equivalent specialty. If the specialist is not within the same physician organization, the plan or issuer shall incur the cost or negotiate the fee arrangements of that second opinion, beyond the applicable copayments which shall be paid by the participant, beneficiary, or enrollee. If not authorized by the plan or issuer, additional medical opinions not within the original physician organization shall be the responsibility of the enrollee. ``(g) Use of Outside Plan Consultants.--If there is no participating provider under the plan or coverage within the network who meets the standard specified in subsection (b), then the plan or issuer shall authorize a second opinion by an appropriately qualified health professional outside of the plan's or issuer's provider network. In approving a second opinion either inside or outside of the plan's or issuer's provider network, the plan or issuer shall take into account the ability of the participant, beneficiary, or enrollee to travel to the provider, but the plan or issuer is not liable for costs relating to such travel. ``(h) Consultation Reports.--The plan or issuer shall require the second opinion health professional to provide the participant, beneficiary, or enrollee and the initial health professional with a consultation report, including any recommended procedures or test that the second opinion health professional believes appropriate. Nothing in this section shall be construed to prevent the plan or issuer from authorizing, based on its independent determination, additional medical opinions concerning the medical condition of a participant, beneficiary, or enrollee. ``(i) Notice.--If the plan or issuer denies a request by a participant, beneficiary, or enrollee for a second opinion, it shall notify the participant, beneficiary, or enrollee in writing of the reasons for the denial and shall inform the participant, beneficiary, or enrollee of the rights to file a grievance with the plan. ``(j) Limitation to Participating Providers.--Unless authorized by the plan or issuer, in order for services to be covered the participant, beneficiary, or enrollee shall obtain services only from a provider who is participating in, or under contract with, the plan or issuer pursuant to the specific contract under which the participant, beneficiary, or enrollee is entitled to health care services. The plan or issuer may limit referrals to its network of providers if there is a participating plan provider who meets the standard specified in subsection (b). ``(k) Exemption.--This section shall not apply to health care service plan contracts that provide benefits to enrollees through preferred provider contracting arrangements if, subject to all other terms and conditions of the contract that apply generally to all other benefits, access to and coverage for second opinions are not limited. ``(l) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF SECOND OPINIONS. ``(a) Requirement.--The provisions of section 2707 shall apply under this subtitle to group health plans, and to group health insurance coverage offered by a health insurance issuer, in the same manner as they apply if such provisions were included in this subsection. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``714. Coverage of second opinions.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``9813. Coverage of second opinions.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF SECOND OPINIONS. ``The requirements of section 2707 of the Public Health Service Act shall apply under this section as if such section were included herein.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE OF SECOND OPINIONS. ``(a) In General.--The provisions of section 2707 (other than subsection (l)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2006. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2006. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. | Second Opinion Coverage Act of 2005 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan and an issuer offering group coverage to provide coverage for second opinions upon request under certain circumstances, including if: (1) the participant questions the reasonableness or necessity of recommended surgical procedures or of a diagnosis or plan of care for a condition that threatens loss or substantial impairment of life, limb, or bodily function; (2) the clinical indications are not clear or are complex or confusing, a diagnosis is in doubt due to conflicting test results, or the treating health care professional is unable to diagnose the condition; (3) the treatment plan in progress is not improving the medical condition of the participant; and (4) the participant has attempted to follow the plan of care or has consulted with the initial provider concerning serious concerns about the diagnosis or plan of care. Applies such requirements to coverage offered in the individual market. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Antitrust Enforcement Act of 2008''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO RAIL COMMON CARRIERS. (a) Application of the Antitrust Laws.--The antitrust laws shall apply to a common carrier by railroad that is subject to the jurisdiction of the Surface Transportation Board under subtitle IV of title 49, United States Code, without regard to whether such common carrier filed a rate or whether a complaint challenging a rate is filed. (b) Definition.--The term ``antitrust laws'' has the meaning given it in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but includes section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition. SEC. 3. MERGERS AND ACQUISITIONS OF RAILROADS. The last undesignated paragraph of section 7 of the Clayton Act (15 U.S.C. 18) is amended by inserting ``(excluding transactions described in section 11321 of title 49 of the United States Code)'' after ``Surface Transportation Board''. SEC. 4. ANTITRUST ENFORCEMENT AUTHORITY. Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by inserting ``(excluding agreements described in section 10706 of such title and transactions described in section 11321 of such title)'' after ``Code''. SEC. 5. INJUNCTIONS AGAINST RAILROAD COMMON CARRIERS. The proviso in section 16 of the Clayton Act (15 U.S.C. 26) is amended by inserting ``(excluding a common carrier by railroad)'' after ``Board''. SEC. 6. REMOVAL OF PRIMARY JURISDICTION AS LIMITATION. The Clayton Act (15 U.S.C. 12 et seq.) is amended by adding at the end thereof the following: ``Sec. 29. In any civil action against a common carrier railroad under section 4, 4A, 4C, 15, or 16, the district court shall not be required to defer to the jurisdiction of the Surface Transportation Board.''. SEC. 7. UNFAIR METHODS OF COMPETITION. Section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) is amended by adding at the end the following: ``For purposes of this paragraph with respect to unfair methods of competition, the term `common carrier' excludes a common carrier by railroad that is subject to jurisdiction of the Surface Transportation Board under subtitle IV of title 49 of the United States Code.''. SEC. 8. TERMINATION OF EXEMPTIONS IN TITLE 49. (a) In General.--Section 10706 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) in the 3d sentence of paragraph (2)(A) by striking ``, and the Sherman Act (15 U.S.C. 1 et seq.),'' and all that follows through ``or carrying out the agreement'', (B) in paragraph (4)-- (i) by striking the 2d sentence, and (ii) in the 3d sentence by striking ``However, the'' and inserting ``The'', and (C) in paragraph (5)(A) by striking ``, and the antitrust laws set forth in paragraph (2) of this subsection do not apply to parties and other persons with respect to making or carrying out the agreement'', (2) in subsection (d) by striking the last sentence, and (3) by striking subsection (e) and inserting the following: ``(e) Nothing in this section exempts a proposed agreement described in subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). ``(f) In reviewing any proposed agreement described in subsection (a), the Board shall take into account, among any other considerations, the impact of the proposed agreement on shippers, consumers, and affected communities. The Board shall make findings regarding such impact, which shall be-- ``(1) made part of the administrative record; ``(2) submitted to any other reviewing agency for consideration in making its determination; and ``(3) available in any judicial review of the Board's decision regarding such agreement.''. (b) Combinations.--Section 11321 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``The authority'' and inserting ``Except as provided in sections 4, 4A, 4C, 15, and 16 of the Clayton Act, the authority''; and (B) in the 3d sentence by striking ``is exempt from the antitrust laws and from all other law,'' and inserting ``is exempt from all other law (except the laws referred to in subsection (c)),'', and (2) by adding at the end the following: ``(c) Nothing in this subchapter exempts a transaction described in subsection (a) from the application of the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act, but including section 5 of the Federal Trade Commission Act to the extent such section 5 applies to unfair methods of competition). The preceding sentence shall not apply to any transaction relating to the pooling of railroad cars approved by the Surface Transportation Board or its predecessor agency pursuant to section 11322. ``(d) In reviewing any transaction described in subsection (a), the Board shall take into account, among any other considerations, the impact of the transaction on shippers and affected communities.''. (c) Conforming Amendments.-- (1) Heading.--The heading for section 10706 of title 49, United States Code, is amended to read as follows: ``Rate agreements''. (2) Analysis of sections.--The analysis of sections of chapter 107 of such title is amended by striking the item relating to section 10706 and insert the following: ``10706. Rate agreements.''. SEC. 9. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of enactment of this Act. (b) Limitation.--A civil action under section 4, 4A, 4C, 15, or 16 of the Clayton Act, or a complaint under section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition, may not be filed with respect to any conduct or activity that-- (1) occurs before the expiration of the 180-day period beginning on the date of enactment of this Act; and (2) was exempted from the antitrust laws (as defined in subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)), but including section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition) by an order of the Interstate Commerce Commission or the Surface Transportation Board issued before the date of the enactment of this Act and pursuant to law. | Railroad Antitrust Enforcement Act of 2008 - (Sec. 2) Amends the Clayton Act (the Act) to make federal antitrust laws applicable to all common carriers subject to the Surface Transportation Board (STB), regardless of whether the carrier filed a rail carrier rate or whether a complaint challenging a rate is filed. (Sec. 3) Subjects to antitrust review agreements among rail carriers to pool or divide traffic, services, or earnings. (Sec. 4) Authorizes the the Federal Trade Commission (FTC) to enforce certain provisions of the Act against STB-approved agreements or combinations, including those related to rates. (Sec. 5) Removes the prohibition against a private party seeking injunctive relief against a rail carrier for a violation of the antitrust laws. (Sec. 6) Provides that, in any civil action against a rail common carrier, the U.S. district court shall not be required to defer to the primary jurisdiction of the STB. (Sec. 7) Amends the Federal Trade Commission Act to authorize FTC enforcement against rail carriers for unfair methods of competition. (Sec. 8) Amends federal transportation law to terminate the exemptions from antitrust laws for rail carriers, including mergers and acquisitions and ratemaking agreements. Requires the STB when reviewing a proposed rate agreement, to take into account its impact upon shippers, consumers, and affected communities, and to make findings regarding such impact, which shall be made part of the administrative record. Revises STB authority to provide that a rail carrier, corporation, or a person participating in an approved transaction is not exempt from specified antitrust laws. (Sec. 9) Makes the date of enactment of this Act its effective date. Makes an exception for parties engaging prior to such enactment in conduct or actions previously exempted by STB approval (such parties to have 180 days to discontinue such conduct or action or otherwise become subject to the antitrust laws). |
SECTION 1. DEFINITIONS. In this Act, the following definitions apply: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) RUE.--The term ``RUE'' means the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983. (3) Park.--The term ``park'' means Virgin Islands National Park. (4) CBI.--The term ``CBI'' means CBI Acquisitions, LLC. (5) Resort.--The term ``Resort'' means Caneel Bay Resort on the island of St. John in Virgin Islands National Park. SEC. 2. LEASE AGREEMENT. (a) Authorization.--The Secretary may enter into a lease agreement with CBI governing the use of property for the continued management and operation of the Resort. (b) Additional Lands.--Any lease entered into pursuant to this Act shall include the property covered by the RUE and any associated property owned by CBI donated to the National Park Service. (c) Terms.--The lease agreement authorized under subsection (a) shall-- (1) require that operations and maintenance of the Resort are conducted in a manner consistent with the preservation and conservation of the resources and values of the Park as well as the best interests of the Resort; (2) be for the minimum number of years practicable to enable the lessee to secure financing for any necessary improvements to the Resort, taking into account the financial obligations of CBI, but in any event shall not exceed 40 years; (3) prohibit any transfer, assignment or sale of the lease or otherwise convey or pledge any interest in the lease without prior written notification to and approval by the Secretary; (4) prohibit any increase in the number of guest accommodations available at the Resort; (5) prohibit any increase in the overall size of the Resort; (6) prohibit the sale of partial ownership shares or timeshares in the Resort; (7) be designed to facilitate transfer of all property covered by the lease to Federal administration upon expiration of the lease; and (8) include any other provisions determined by the Secretary to be necessary to protect the Park and the public interest. (d) Appraisals.--The Secretary shall require appraisals to determine the fair market value of all property covered by the RUE and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to be donated, or otherwise conveyed, to the National Park Service. Such appraisals shall be conducted pursuant to the Uniform Appraisal Standards for Federal Land Acquisition. (e) Compensation.-- (1) In general.--The lease authorized by this Act shall-- (A) require payment to the United States of the property's fair market value rent, taking into account the value of any associated property transferred by CBI as well as the value, if any, of the surrendered term of the RUE; (B) include a provision-- (i) allowing recalculation of the amount of the payment required under this subsection, at the request of the Secretary or CBI, in the event of extraordinary unanticipated changes in conditions anticipated at the time the lease was finalized; and (ii) providing for binding arbitration in the event the Secretary and CBI are unable to agree upon an adjustment to the payment in these circumstances. (2) Distribution.--Eighty percent of the payment to the United States required by this subsection shall be available to the Secretary, without further appropriation, for expenditure within the Park. The remaining twenty percent shall be deposited in the Treasury. (3) Applicability of certain law.--Section 321 of the Act of June 30, 1932 (40 U.S.C. 1302), relating to the leasing of buildings and property of the United States, shall not apply to the lease entered into by the Secretary pursuant to this Act. SEC. 3. RETAINED USE ESTATE. As a condition of the lease, CBI shall relinquish to the Secretary all rights under the RUE and transfer, without compensation, ownership of improvements covered by the RUE to the United States. Passed the House of Representatives March 4, 2008. Attest: LORRAINE C. MILLER, Clerk. By Deborah M. Spriggs, Deputy Clerk. | Authorizes the Secretary of the Interior to enter into a lease with CBI Acquisitions, LLC, governing the use of property for the continued management and operation of the Caneel Bay Resort on the island of St. John in Virgin Islands National Park. Requires any lease entered into pursuant to this Act to include the property covered by the retained use estate entered into by the Jackson Hole Preserve and the United States on September 30, 1983, (the RUE) and any associated property owned by CBI donated to the National Park Service (NPS). Sets forth provisions regarding: (1) the terms of the lease agreement; (2) appraisals to determine the fair market value of all property covered by the RUE and any property, including the value, if any, of the surrendered term of the RUE, owned by CBI to be donated, or otherwise conveyed, to the NPS; and (3) compensation to the United States of the property's fair market value rent. Makes 80% of such payment available for expenditure within Virgin Islands National Park. Requires CBI, as a condition of the lease, to relinquish to the Secretary all rights under the RUE and to transfer, without compensation, ownership of improvements covered by the RUE to the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Treatment Court Improvement Act of 2018''. SEC. 2. HIRING BY DEPARTMENT OF VETERANS AFFAIRS OF ADDITIONAL VETERANS JUSTICE OUTREACH SPECIALISTS. (a) Hiring of Additional Veterans Justice Outreach Specialists.-- (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall hire not fewer than 50 Veterans Justice Outreach Specialists and place each such Veterans Justice Outreach Specialist at an eligible Department of Veterans Affairs medical center in accordance with this section. (2) Requirements.--The Secretary shall ensure that each Veterans Justice Outreach Specialist employed under paragraph (1)-- (A) serves, either exclusively or in addition to other duties, as part of a justice team in a veterans treatment court or other veteran-focused court; and (B) otherwise meets Department hiring guidelines for Veterans Justice Outreach Specialists. (3) Supplement not supplant.--The Secretary shall ensure that the total number of Veterans Justice Outreach Specialists employed by the Department is not less than the sum of-- (A) the total number of Veterans Justice Outreach Specialists that were employed by the Department on the day before the date of the enactment of this Act; and (B) the number of Veterans Justice Outreach Specialists set forth in paragraph (1). (b) Eligible Department of Veterans Affairs Medical Centers.--For purposes of this section, an eligible Department of Veterans Affairs medical center is any Department of Veterans Affairs medical center that-- (1) complies with all Department guidelines and regulations for placement of a Veterans Justice Outreach Specialist; (2) works within a local criminal justice system with justice-involved veterans; (3) maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts; and (4) either-- (A) routinely provides Veterans Justice Outreach Specialists to serve as part of a justice team in a veterans treatment court or other veteran-focused court; or (B) establishes a plan that is approved by the Secretary to provide Veterans Justice Outreach Specialists employed under subsection (a)(1) to serve as part of a justice team in a veterans treatment court or other veteran-focused court. (c) Placement Priority.--The Secretary shall prioritize the placement of Veterans Justice Outreach Specialists employed under subsection (a)(1) at eligible Department of Veterans Affairs medical centers that have or intend to establish an affiliation, for the purpose of carrying out the Veterans Justice Outreach Program, with a veterans treatment court, or other veteran-focused court, that-- (1) was established on or after the date of the enactment of this Act; or (2)(A) was established before the date of the enactment of this Act; and (B) is not fully staffed with Veterans Justice Outreach Specialists. (d) Reports.-- (1) Periodic reports by secretary of veterans affairs.-- (A) In general.--Not later than one year after the date of the enactment of this Act and not less frequently than once every year thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the implementation of this section and its effect on the Veterans Justice Outreach Program. (B) Contents.--Each report submitted under paragraph (1) shall include the following: (i) The status of the efforts of the Secretary to hire Veterans Justice Outreach Specialists pursuant to subsection (a)(1), including the total number of Veterans Justice Outreach Specialists hired by the Secretary pursuant to such subsection and the number that the Secretary expects to hire pursuant to such subsection. (ii) The total number of Veterans Justice Outreach Specialists assigned to each Department of Veterans Affairs medical center that participates in the Veterans Justice Outreach Program, including the number of Veterans Justice Outreach Specialists hired under subsection (a)(1) disaggregated by Department of Veterans Affairs medical center. (iii) The total number of eligible Department of Veterans Affairs medical centers that sought placement of a Veterans Justice Outreach Specialist under subsection (a)(1), how many Veterans Justice Outreach Specialists each such center sought, and how many of such medical centers received no placement of a Veterans Justice Outreach Specialist under subsection (a)(1). (iv) The total number of justice-involved veterans who were served or are expected to be served by a Veterans Justice Outreach Specialist hired under subsection (a)(1). (2) Report by comptroller general of the united states.-- (A) In general.--Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of this section and the effectiveness of the Veterans Justice Outreach Program. (B) Contents.--The report required by subparagraph (A) shall include the following: (i) An assessment of whether the Secretary has fulfilled the Secretary's obligations under this section. (ii) The number of veterans who are served by Veterans Justice Outreach Specialists hired under subsection (a)(1), disaggregated by demographics (including discharge status). (iii) An identification of any subgroups of veterans who underutilize services provided under laws administered by the Secretary and to which they are referred by a Veterans Justice Outreach Specialist. (iv) Such recommendations as the Comptroller General may have for the Secretary to improve the effectiveness of the Veterans Justice Outreach Program. (e) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Secretary of Veterans Affairs to carry out subsection (a) $5,500,000 for each of fiscal years 2018 through 2028. (2) Identification of offsets.--The Secretary shall submit to Congress a report that identifies such legislative or administrative actions as the Secretary determines will result in a reduction in expenditures by the Department of Veterans Affairs that is equal to or greater than the amounts authorized to be appropriated by paragraph (1). (f) Definitions.--In this section: (1) Justice team.--The term ``justice team'' means the group of individuals, which may include a judge, court coordinator, prosecutor, public defender, treatment provider, probation or other law enforcement officer, program mentor, and Veterans Justice Outreach Specialist, who assist justice- involved veterans in a veterans treatment court or other veteran-focused court. (2) Justice-involved veteran.--The term ``justice-involved veteran'' means a veteran with active, ongoing, or recent contact with some component of a local criminal justice system. (3) Local criminal justice system.--The term ``local criminal justice system'' means law enforcement, jails, prisons, and Federal, State, and local courts. (4) Veterans justice outreach program.--The term ``Veterans Justice Outreach Program'' means the program through which the Department of Veterans Affairs identifies justice-involved veterans and provides such veterans with access to Department services. (5) Veterans justice outreach specialist.--The term ``Veterans Justice Outreach Specialist'' means an employee of the Department of Veterans Affairs who serves as a liaison between the Department and the local criminal justice system on behalf of a justice-involved veteran. (6) Veterans treatment court.--The term ``veterans treatment court'' means a Federal, State, or local court that is participating in the veterans treatment court program (as defined in section 2991(i)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(i)(1))). Passed the Senate February 15, 2018. Attest: JULIE E. ADAMS, Secretary. | Veterans Treatment Court Improvement Act of 2017 This bill requires the Department of Veterans Affairs (VA) to hire at least 50 Veterans Justice Outreach Specialists, place each one at an eligible VA medical center, and ensure that each one serves as part of a justice team in a veterans treatment court or other veteran-focused court. An eligible VA medical center is one that: complies with all VA guidelines and regulations for placement of a specialist; works with a veteran with active, ongoing, or recent contact with some component of a local criminal justice system; maintains an affiliation with one or more veterans treatment courts or other veteran-focused courts; and either routinely provides specialists, or establishes a VA-approved plan to provide specialists, to serve as part of a justice team in such a court. The VA shall prioritize the placement of specialists at eligible VA medical centers that have an affiliation with such a court that: (1) was established after the date of this bill's enactment, or (2) was established before such date and is not fully staffed with specialists. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans E-Health and Telemedicine Support Act of 2017'' or the ``VETS Act of 2017''. SEC. 2. LICENSURE OF HEALTH CARE PROFESSIONALS OF THE DEPARTMENT OF VETERANS AFFAIRS PROVIDING TREATMENT VIA TELEMEDICINE. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1730A the following new section: ``Sec. 1730B. Licensure of health care professionals providing treatment via telemedicine ``(a) In General.--Notwithstanding any provision of law regarding the licensure of health care professionals, a covered health care professional may practice the health care profession of the health care professional at any location in any State, regardless of where the covered health care professional or the patient is located, if the covered health care professional is using telemedicine to provide treatment to an individual under this chapter. ``(b) Property of Federal Government.--Subsection (a) shall apply to a covered health care professional providing treatment to a patient regardless of whether the covered health care professional or patient is located in a facility owned by the Federal Government during such treatment. ``(c) Construction.--Nothing in this section may be construed to remove, limit, or otherwise affect any obligation of a covered health care professional under the Controlled Substances Act (21 U.S.C. 801 et seq.). ``(d) Covered Health Care Professional Defined.--In this section, the term `covered health care professional' means a health care professional who-- ``(1) is an employee of the Department appointed under the authority under sections 7306, 7401, 7405, 7406, or 7408 of this title, or title 5; ``(2) is authorized by the Secretary to provide health care under this chapter; ``(3) is required to adhere to all quality standards relating to the provision of telemedicine in accordance with applicable policies of the Department; and ``(4) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1730A the following new item: ``1730B. Licensure of health care professionals providing treatment via telemedicine.''. (c) Report on Telemedicine.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the effectiveness of the use of telemedicine by the Department of Veterans Affairs. (2) Elements.--The report required by paragraph (1) shall include an assessment of the following: (A) The satisfaction of veterans with telemedicine furnished by the Department. (B) The satisfaction of health care providers in providing telemedicine furnished by the Department. (C) The effect of telemedicine furnished by the Department on the following: (i) The ability of veterans to access health care, whether from the Department or from non-Department health care providers. (ii) The frequency of use by veterans of telemedicine. (iii) The productivity of health care providers. (iv) Wait times for an appointment for the receipt of health care from the Department. (v) The reduction, if any, in the use by veterans of in-person services at Department facilities and non-Department facilities. (D) The types of appointments for the receipt of telemedicine furnished by the Department that were provided during the 1-year period preceding the submittal of the report. (E) The number of appointments for the receipt of telemedicine furnished by the Department that were requested during such period, disaggregated by Veterans Integrated Service Network. (F) Savings by the Department, if any, including travel costs, of furnishing health care through the use of telemedicine during such period. Passed the House of Representatives November 7, 2017. Attest: KAREN L. HAAS, Clerk. | . Veterans E-Health and Telemedicine Support Act of 2017 or the VETS Act of 2017 (Sec. 2) This bill allows a licensed health care professional of the Department of Veterans Affairs (VA) to practice his or her profession using telemedicine at any location in any state regardless of where the professional or patient is located if the covered health care professional is using telemedicine to provide VA medical or health services. Such authority shall apply to a covered health care professional regardless of whether the covered health care professional or patient is located in a federally-owned facility. The bill defines "covered health care professional" as a health care professional who: (1) is a VA employee appointed under specified VA authorities or under the civil service; (2) is authorized by the VA to provide health care; (3) is required to adhere to all telemedicine quality standards; and (4) has an active, current, full, and unrestricted state license, registration, or certification for such health care profession. The VA shall report to Congress on the effectiveness of the VA's use of telemedicine. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oil Price Reduction Act of 2000''. SEC. 2. FINDINGS. The Congress finds the following: (1) Oil producing countries, including the nations of the Organization of Petroleum Exporting Countries (OPEC), took concerted actions in March and September of 1999 to cut oil production and hold back from the market 4,000,000 barrels a day representing approximately six percent of the global supply. (2) OPEC, in its capacity as an oil cartel, has been a critical factor in driving prices from approximately $11 a barrel in December 1998 to a high of $30 a barrel in mid- February 2000, levels not seen since the Persian Gulf Conflict. (3) On February 10, 2000, a hearing before the Committee on International Relations of the House of Representatives on ``OPEC and the Northeast Energy Crisis'' clearly demonstrated that OPEC's goal of reducing its oil stocks was the major reason behind price increases in heating oil, gasoline, and diesel oil stocks. (4) During this hearing, the Assistant Secretary in the Office of International Affairs of the Department of Energy noted that artificial supply constraints placed on the market are ultimately self-defeating in so far as they increase volatility in the market, lead to boom and bust cycles, and promote global instability, particularly in developing countries whose economies are extremely vulnerable to sharp price increases. (5) These price increases have caused inflationary shocks to the United States economy and could threaten the global economic recovery now underway in Europe and Asia where the demand for oil is rising. (6) The transportation infrastructure of the United States is under stress and tens of thousands of small- to medium-sized trucking firms throughout the Northeast region are on the verge of bankruptcy because of the rise in diesel oil prices to more than $2 per gallon--a 43 percent increase in the Central Atlantic region and a 55 percent increase in the New England region--an increase that has had the effect of requiring these trucking firms to use up to 20 percent of their operating budgets for the purchase of diesel oil. (7) Many elderly and retired Americans on fixed incomes throughout the Northeast region of the United States cannot afford to pay the prevailing heating oil costs and all too often are faced with the choice of paying the grocery bills or staying warm. (8) Several key oil producing nations relied on the United States military for their protection in 1990 and 1991, including during the Persian Gulf Conflict, and these nations still depend on the United States for their security. (9) Many of these nations enjoy a close economic and security relationship with the United States which is a fundamental underpinning of global security and cooperation. (10) A continuation of the present policies put in place at the meeting of OPEC Ministers in March and September of 1999 threatens the relationship that many of the OPEC nations enjoy with the United States. SEC. 3. POLICY OF THE UNITED STATES. (a) Policy With Respect to Oil Exporting Countries.--It shall be the policy of the United States to consider the extent to which major net oil exporting countries engage in oil price fixing to be an important determinant in the overall political, economic, and security relationship between the United States and these countries. (b) Policy With Respect to Oil Importing Countries.--It shall be the policy of the United States to work multilaterally with other countries that are major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements. SEC. 4. REPORT TO CONGRESS. Not later than 30 days after the date of the enactment of this Act, the President shall transmit to the Congress a report that contains the following: (1) A description of the overall economic and security relationship between the United States and each country that is a major net oil exporter, including each country that is a member of OPEC. (2) A description of the effect that coordination among the countries described in paragraph (1) with respect to oil production and pricing has had on the United States economy and global energy supplies. (3) Detailed information on any and all assistance programs under the Foreign Assistance Act of 1961 and the Arms Export Control Act, including licenses for the export of defense articles and defense services under section 38 of such Act, provided to the countries described in paragraph (1). (4) A determination made by the President in accordance with section 5 for each country described in paragraph (1). SEC. 5. DETERMINATION BY THE PRESIDENT OF MAJOR OIL EXPORTING COUNTRIES ENGAGED IN PRICE FIXING. The report submitted pursuant to section 4 shall include the determination of the President with respect to each country described in section 4(1) as to whether or not, as of the date on which the President makes the determination, that country is engaged in oil price fixing to the detriment of the United States economy. SEC. 6. DIPLOMATIC EFFORTS TO END PRICE FIXING. (a) Diplomatic Efforts.--Not later than 30 days after the date on which the President transmits to the Congress the report pursuant to section 4, the President shall-- (1) undertake a concerted diplomatic campaign to convince any country determined by the President pursuant to section 5 to be engaged in oil price fixing to the detriment of the United States economy that the current oil price levels are unsustainable and will negatively effect global economic growth rates in oil consuming and developing countries; and (2) take the necessary steps to begin negotiations to achieve multilateral action to reduce, suspend, or terminate bilateral assistance and arms exports to major net oil exporters engaged in oil price fixing as part of a concerted diplomatic campaign with other major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements described in such report. (b) Report on Diplomatic Efforts.--Not later than 120 days after the date of the enactment of this Act, the President shall transmit to the Congress a report describing any diplomatic efforts undertaken in accordance with subsection (a) and the results achieved by those efforts. SEC. 7. DEFINITIONS. In this Act: (1) Oil price fixing.--The term ``oil price fixing'' means participation in any agreement, arrangement, or understanding with other countries that are oil exporters to increase the price of oil or natural gas by means of, inter alia, limiting oil or gas production or establishing minimum prices for oil or gas. (2) OPEC.--The term ``OPEC'' means the Organization of Petroleum Exporting Countries. Passed the House of Representatives March 22, 2000. Attest: JEFF TRANDAHL, Clerk. | Directs the President, within 30 days after enactment of this Act, to report to Congress with respect to: (1) the overall economic and security relationship between the United States and each major net oil exporting country (including members of the Organization of Petroleum Exporting Countries (OPEC)); (2) the effect that coordination among such countries with respect to oil production and pricing has had on the U.S. economy and global energy supplies; (3) information on all assistance provided to such countries under the Foreign Assistance Act of 1961 and the Arms Export Control Act (including licenses for the export of defense articles and defense services); and (4) the President's determination as to whether or not each such country is engaging in oil price fixing to the detriment of the U.S. economy.Directs the President, not later than 30 days after submitting the report, to: (1) undertake a concerted diplomatic campaign to convince any country determined to be engaged in oil price fixing to the detriment of the U.S. economy that the current oil price levels are unsustainable and will negatively affect global economic growth rates in oil consuming and developing countries; and (2) take the necessary steps to begin negotiations to achieve multilateral action to reduce, suspend, or terminate bilateral assistance and arms exports to major net oil exporters engaged in oil price fixing as part of a concerted diplomatic campaign with other major net oil importers to bring about the complete dismantlement of international oil price fixing arrangements. Requires the President to report to Congress with respect to such diplomatic efforts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Support Act of 2001''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES OF ELEMENTARY AND SECONDARY SCHOOL TEACHERS. (a) Deduction Allowed.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. QUALIFIED PROFESSIONAL DEVELOPMENT EXPENSES. ``(a) Allowance of Deduction.--In the case of an eligible teacher, there shall be allowed as a deduction an amount equal to the qualified professional development expenses paid or incurred by the taxpayer during the taxable year. ``(b) Qualified Professional Development Expenses of Eligible Teachers.--For purposes of this section-- ``(1) Qualified professional development expenses.-- ``(A) In general.--The term `qualified professional development expenses' means expenses for tuition, fees, books, supplies, equipment, and transportation required for the enrollment or attendance of an individual in a qualified course of instruction. ``(B) Qualified course of instruction.--The term `qualified course of instruction' means a course of instruction which-- ``(i) is-- ``(I) directly related to the curriculum and academic subjects in which an eligible teacher provides instruction, or ``(II) designed to enhance the ability of an eligible teacher to understand and use State standards for the academic subjects in which such teacher provides instruction, ``(ii) may-- ``(I) provide instruction in how to teach children with different learning styles, particularly children with disabilities and children with special learning needs (including children who are gifted and talented), or ``(II) provide instruction in how best to discipline children in the classroom and identify early and appropriate interventions to help children described in subclause (I) to learn, ``(iii) is tied to challenging State or local content standards and student performance standards, ``(iv) is tied to strategies and programs that demonstrate effectiveness in increasing student academic achievement and student performance, or substantially increasing the knowledge and teaching skills of an eligible teacher, ``(v) is of sufficient intensity and duration to have a positive and lasting impact on the performance of an eligible teacher in the classroom (which shall not include 1-day or short-term workshops and conferences), except that this clause shall not apply to an activity if such activity is 1 component described in a long-term comprehensive professional development plan established by an eligible teacher and the teacher's supervisor based upon an assessment of the needs of the teacher, the students of the teacher, and the local educational agency involved, and ``(vi) is part of a program of professional development which is approved and certified by the appropriate local educational agency as furthering the goals of the preceding clauses. ``(C) Local educational agency.--The term `local educational agency' has the meaning given such term by section 14101 of the Elementary and Secondary Education Act of 1965, as in effect on the date of the enactment of this section. ``(2) Eligible teacher.-- ``(A) In general.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher or aide in an elementary or secondary school for at least 720 hours during a school year. ``(B) Elementary or secondary school.--The terms `elementary school' and `secondary school' have the meanings given such terms by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), as so in effect. ``(c) Denial of Double Benefit.-- ``(1) In general.--No other deduction or credit shall be allowed under this chapter for any amount taken into account for which a deduction is allowed under this section. ``(2) Coordination with exclusions.--A deduction shall be allowed under subsection (a) for qualified professional development expenses only to the extent the amount of such expenses exceeds the amount excludable under section 135, 529(c)(1), or 530(d)(2) for the taxable year.''. (b) Deduction Allowed in Computing Adjusted Gross Income.--Section 62(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (17) the following new paragraph: ``(18) Qualified professional development expenses.--The deduction allowed by section 222.''. (c) Conforming Amendment.--The table of sections for part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Qualified professional development expenses. ``Sec. 223. Cross reference.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO ELEMENTARY AND SECONDARY SCHOOL TEACHERS WHO PROVIDE CLASSROOM MATERIALS. ``(a) Allowance of Credit.--In the case of an eligible teacher, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed $100. ``(c) Definitions.-- ``(1) Eligible teacher.--The term `eligible teacher' means an individual who is a kindergarten through grade 12 classroom teacher, instructor, counselor, aide, or principal in an elementary or secondary school on a full-time basis for an academic year ending during a taxable year. ``(2) Qualified elementary and secondary education expenses.--The term `qualified elementary and secondary education expenses' means expenses for books, supplies (other than nonathletic supplies for courses of instruction in health or physical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by an eligible teacher in the classroom. ``(3) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(e) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.''. (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 30B. Credit to elementary and secondary school teachers who provide classroom materials.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. | Teacher Support Act of 2001- Amends the Internal Revenue Code to: (1) make the two percent floor on miscellaneous itemized deductions inapplicable to qualified professional development expenses incurred by elementary and secondary school teachers and aides; and (2) allow a credit to elementary and secondary school teachers, instructors, counselors, aides, or principals who provide classroom materials. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Emergency Malpractice Liability Insurance Commission (EMLIC) Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Commission. Sec. 3. Duties of the Commission. Sec. 4. Final report; Congressional hearings. Sec. 5. Powers of Commission. Sec. 6. Commission personnel matters. Sec. 7. Authorization of appropriations; GAO audit. Sec. 8. Termination of Commission. SEC. 2. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a commission to be known as Emergency Malpractice Liability Insurance Commission (in this Act referred to as the ``Commission''). (b) Purpose.--The Commission shall examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to combat the consequences. (c) Membership of Commission.-- (1) Composition.--The commission shall be composed of 12 members of whom-- (A) 4 shall be appointed by the President, 1 of whom shall be appointed to represent physicians' interests, 1 of whom shall be appointed to represent malpractice liability insurers, 1 of whom shall be appointed to represent lawyers' interests, and 1 of whom shall be appointed to represent consumer protection interests; (B) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate; (C) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate; (D) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Speaker of the House of Representatives; and (E) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications of members.-- (A) Presidential appointments.--Of the individuals appointed under paragraph (1)(A), not more than 1 may be an officer, employee, or paid consultant of the Executive Branch. (B) Other appointments.--Individuals who are not Members of Congress, appointed under subparagraph (B), (C), (D), or (E) of paragraph (1), shall be individuals who-- (i) have expertise in medicine, insurance, law, consumers affairs, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations.--In appointing Commission members, every effort shall be made to ensure that the members-- (i) represent a broad cross section of regional and political perspectives in the United States; and (ii) provide fresh insights to analyzing the medical malpractice insurance crisis (d) Period of Appointment; Vacancies.-- (1) In general.--Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Initial Meeting.-- Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Meetings.--The Commission shall meet at the call of the Chairperson. (g) Chairperson and Vice Chairperson.--The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (h) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Voting.--Each member of the Commission shall be entitled to 1 vote. SEC. 3. DUTIES OF THE COMMISSION. (a) In General.--The Commission shall investigate and determine whether a causal relationship exists between skyrocketing malpractice insurance premiums, rising jury awards, decreased accessibility and affordability of health care, and the increase in the number of physicians moving, quitting or retiring from the practices in the field of medicine. The Commission will make recommendations based on a study of statistical trends and testimony that can be taken by Congress to alleviate the impact of the crisis in medical malpractice liability insurance. (b) Specific Issues to Be Addressed.--The Commission shall examine and report to the President and the Congress on at least the following: (1) Nature and patterns of the medical malpractice insurance market. (2) Similarities and differences of the medical malpractice insurance market to other lines of insurance. (3) Impact of the McCarran-Ferguson Act on medical malpractice insurance market. (4) Federal role as it is and recommendations on how it should be with respect to medical malpractice. (5) Survey and assessment of the efficacy of State-level legislation in insurance, in general, and medical malpractice insurance, in particular. (6) Survey of insurer's investments and strategies and its role is premium rate setting for medical malpractice insurance. (7) Role of jury awards in premium rate setting for medical malpractice insurance. (8) Relationship of medical malpractice premium rates and overall medical practice costs SEC. 4. FINAL REPORT; CONGRESSIONAL HEARINGS. (a) Final Report.-- (1) In general.--Not later than 16 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report which contains-- (A) the findings and conclusions of the Commission described in section 3; (B) a detailed plan for comprehensive strategy to combat the consequences of skyrocketing medical malpractice liability insurance rates; and (C) any recommendations for administrative and legislative actions necessary to achieve such reductions. (2) Separate views.--Any member of the Commission may submit additional findings and recommendations as part of the final report. (b) Congressional Hearings.--Not later than 6 months after the final report described in subsection (a) is submitted, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate shall hold hearings on the report. SEC. 5. POWERS OF COMMISSION. (a) Hearings.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least 7 public hearings, 1 or more in Washington, D.C. and 4 in different regions of the United States. (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.-- Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. AUTHORIZATION OF APPROPRIATIONS; GAO AUDIT. (a) In General.--There are authorized to be appropriated $2,000,000 to the Commission to carry out the provisions of this Act. (b) GAO Audit.--Not later than 6 months after termination of the Commission, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall submit a report on the audit to the President and Congress. SEC. 8. TERMINATION OF COMMISSION. The Commission shall cease to exist 30 days after the date on which the Commission submits the final report under section 4. | Emergency Malpractice Liability Insurance Commission (EMLIC) Act - Establishes the Emergency Malpractice Liability Insurance Commission, whose purpose is to examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to combat the consequences. Directs the Commission to investigate the possible linkage between: (1) skyrocketing malpractice insurance premiums; (2) rising jury awards; (3) decreased accessibility and affordability of health care; and (4) a rise in the number of physicians moving, quitting, or retiring. |
SECTION 1. FINDINGS. Congress makes the following findings: (1) Guam was captured by Japan on December 10, 1941, three days after the attack on Pearl Harbor and remained in the hands of the Japanese until June 1944. Those prisoners who remained on Guam suffered atrocities at the hands of the Japanese or were transported on ``Hell Ships'' to Japanese POW camps. (2) In January 1942 the Japanese took approximately 1,600 prisoners on Wake Island. Approximately 450 military and 1,150 civilians were then transported to POW camps in China and Japan. (3) On April 9, 1942, Major General Edward King surrendered the soldiers from the United States and the Philippines into enemy hands. (4) Over the next week, the soldiers from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the Bataan Death March. (5) On May 6, 1942, Corregidor fell after a weeklong siege and its defenders were surrendered. (6) On May 10, 1942, American forces under the command of Major General William F. Sharp surrendered after fighting the Japanese from April 29, 1942, to May 9, 1942, on the island of Mindanao in the southernmost portion of the Philippine Archipelago. It was on this date, May 10, 1942, that General Wainwright, as Supreme Allied Commander, surrendered all Allied Forces in the Philippine Archipelago. (7) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (8) Within the first 40 days at Camp O'Donnell, 1,600 more prisoners from the United States died. (9) The conditions at the camp were substandard, leading to increased disease and malnutrition among the prisoners. (10) In May 1942 the Japanese began transferring POWs by sea. Prisoners were crammed into cargo holds with little air, food or water for journeys that would last for weeks on what were to be known as the ``Hell Ships''. Many died due to asphyxia, starvation, or dysentery. Some prisoners became delirious and unresponsive in an environment of heat, humidity and lack of oxygen, food, and water. More than 3,300 prisoners died at sea while being transported by these ships. (11) On June 6, 1942, the prisoners from the United States were transferred to Cabanatuan, north of Camp O'Donnell. (12) The campus of the University of Santo Tomas was converted to the Santo Tomas Internment Camp by the Japanese during their occupation of the Philippines. Santo Tomas became the initial internment camp for both the army and navy nurses, with the army and navy nurses remaining there until their liberation. (13) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions. (14) The prisoners who remained in these camps were liberated in 1945. (15) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (16) The people of the United States are forever indebted to these men and women for-- (A) the courage they demonstrated during the first 4 months of World War II in fighting against enemy soldiers; and (B) the perseverance they demonstrated during years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Transfer and Display of Medals.-- (1) In general.--Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the American military prisoners described under subsection (a). SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. | This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to arrange for the award on behalf of the Congress of a single gold medal to American military personnel who fought in defense of Bataan, Corregidor, Guam, Wake Island, and the Philippine Archipelago between December 7, 1941, and May 10, 1942, and who died or were imprisoned by the Japanese military in the Philippines, Japan, Korea, Manchuria, Wake Island, and Guam from April 9, 1942, until September 2, 1945, in recognition of their personal sacrifice and service to their country. Following its award the gold medal shall be given to the Smithsonian Institution where it shall be displayed and made available for research. The bill expresses the sense of the Congress that the Smithsonian Institution should make the gold medal available for display at other locations, particularly locations associated with these American military prisoners. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Forest Organizational Camp Fee Improvement Act of 2003''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings, purpose, and definitions. Sec. 3. Fees for occupancy and use of National Forest System lands and facilities by organizational camps. Sec. 4. Implementation. Sec. 5. Relationship to other laws. Sec. 6. Deposit and expenditure of use fees. Sec. 7. Ministerial issuance or amendment authorization. SEC. 2. FINDINGS, PURPOSE, AND DEFINITIONS. (a) Findings.--Congress finds the following: (1) Organizational camps, such as those administered by the Boy Scouts, Girl Scouts, and faith-based and community-based organizations, provide a valuable service to young people, individuals with a disability, and their families by promoting physical, mental, and spiritual health through activities conducted in a natural environment. (2) The 192,000,0000 acres of national forests and grasslands of the National Forest System managed for multiple uses by the Forest Service provides an ideal setting for such organizational camps. (3) The Federal Government should charge land use fees for the occupancy and use of National Forest System lands by such organizational camps that, while based on the fair market value of the land in use, also recognize the benefits provided to society by such organizational camps, do not preclude the ability of such organizational camps from utilizing these lands, and permit capital investment in, and maintenance of, camp facilities by such organizational camps or their sponsoring organizations. (4) Organizational camps should-- (A) ensure that their facilities meet applicable building and safety codes, including fire and health codes; (B) have annual inspections as required by local law, including at a minimum inspections for fire and food safety; and (C) have in place safety plans that address fire and medical emergencies and encounters with wildlife. (b) Purpose.--It is the purpose of this Act to establish a land use fee system that provides for an equitable return to the Federal Government for the occupancy and use of National Forest System lands by organizational camps that serve young people or individuals with a disability. (c) Definitions.--In this Act: (1) The term ``organizational camp'' means a public or semi-public camp that-- (A) is developed on National Forest System lands by a nonprofit organization or governmental entity; (B) provides a valuable service to the public by using such lands as a setting to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues; and (C) does not have as its primary purpose raising revenue through commercial activities. (2) The term ``Secretary'' means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3) The term ``individual with a disability'' has the meaning given the term in section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705). (4) The term ``children at risk'' means children who are raised in poverty or in single-parent homes or are subject to such circumstances as parental drug abuse, homelessness, or child abuse. (5) The term ``change in control'' means-- (A) in the case of a corporation, the sale or transfer of a controlling interest in the corporation; (B) in the case of a partnership or limited liability company, the sale or transfer of a controlling interest in the partnership or limited liability company; and (C) in the case of an individual, the sale or transfer of an organizational camp to another party. SEC. 3. FEES FOR OCCUPANCY AND USE OF NATIONAL FOREST SYSTEM LANDS AND FACILITIES BY ORGANIZATIONAL CAMPS. (a) Land Use Fee.-- (1) Percentage of land value.--The Secretary shall charge an annual land use fee for each organizational camp for its occupancy and use of National Forest System lands equal to five percent of the product of the following: (A) The total number of acres of National Forest System lands authorized for the organizational camp. (B) The estimated per-acre market value of land and buildings in the county where the camp is located, as reported in the most recent Census of Agriculture conducted by the National Agricultural Statistics Service. (2) Annual adjustment.--The land use fee determined under paragraph (1) for an organizational camp shall be adjusted annually by the annual compounded rate of change between the two most recent Censuses of Agriculture. (3) Reduction in fees.-- (A) Based on type of participants.--The Secretary shall reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp is attended by individuals with a disability or children at risk. The amount of the reduction for a year shall bear the same ratio to the land use fee determined under paragraph (1) for the organizational camp as the total number of individuals with a disability and children at risk who attend the organizational camp bears to the total number of individuals who attend the organizational camp for the year. (B) Based on type of programs.--After making the reduction required by subparagraph (A), the Secretary shall also reduce the land use fee determined under paragraph (1) for an organizational camp if the organizational camp provides youth programs for individuals attending the camp consisting of organized and supervised social, citizenship, character-building, or faith-based activities oriented to outdoor- recreation experiences. The amount of the reduction for a year shall be equal to 60 percent of the land use fee determined under paragraph (1), as adjusted under subparagraph (A). (C) Relation to minimum fee.--Notwithstanding subparagraphs (A) and (B), the reductions made under this paragraph may not reduce the land use fee for an organizational camp below the minimum land use fee required to be charged under paragraph (4). (D) Special considerations.--For purposes of determining the amount of the land use fee reduction required under subparagraph (A) or (B), the Secretary may not take into consideration the existence of sponsorships or scholarships to assist individuals in attending the organizational camp. (4) Minimum land use fee.--The Secretary shall charge a minimum land use fee under paragraph (1) that represents, on average, the Secretary's cost annually to administer an organizational camp special use authorization in the National Forest Region in which the organizational camp is located. Notwithstanding paragraph (3) or subsection (d), the minimum land use fee shall not be subject to a reduction or waiver. (b) Facility Use Fee.-- (1) Percentage of facilities value.--If an organizational camp uses a Government-owned facility on National Forest System lands pursuant to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), the Secretary shall charge, in addition to the land use fee imposed under subsection (a), a facility use fee equal to five percent of the value of the authorized facilities, as determined by the Secretary. (2) Reduction in fees prohibited.--Notwithstanding subsection (d), the facility use fees determined under paragraph (1) shall not be subject to a reduction or waiver. (c) Fee Related to Receipt of Other Revenues.-- If an organizational camp derives revenue from the use of National Forest System lands or authorized facilities described in subsection (b) for purposes other than to introduce young people or individuals with a disability to activities that they may not otherwise experience and to educate them on natural resource issues, the Secretary shall charge, in addition to the land use fee imposed under subsection (a) and the facility use fee imposed under subsection (b), an additional fee equal to five percent of that revenue. (d) Work-In-Lieu Program.--Subject to subsections (a)(4) and (b)(2), section 3 of the Federal Timber Contract Payment Modification Act (16 U.S.C. 539f) shall apply to the use fees imposed under this section. SEC. 4. IMPLEMENTATION. (a) Prompt Implementation.--The Secretary shall issue direction regarding implementation of this Act by interim directive within 180 days after the date of the enactment of this Act. The Secretary shall implement this Act beginning with the first billing cycle for organizational camp special use authorizations occurring more than 180 days after the date of the enactment of this Act. (b) Phase-In of Use Fee Increases.--In issuing any direction regarding implementation of this Act under subsection (a), the Secretary shall consider whether to phase-in any significant increases in annual land or facility use fees for organizational camps. SEC. 5. RELATIONSHIP TO OTHER LAWS. Except as specifically provided by this Act, nothing in this Act supersedes or otherwise affects any provision of law, regulation, or policy regarding the issuance or administration of authorizations for organizational camps regarding the occupancy and use of National Forest System lands. SEC. 6. DEPOSIT AND EXPENDITURE OF USE FEES. (a) Deposit and Availability.--Unless subject to section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580d), use fees collected by the Secretary under this Act shall be deposited in a special account in the Treasury and shall remain available to the Secretary for expenditure, without further appropriation until expended, for the purposes described in subsection (c). (b) Transfer.--Upon request of the Secretary, the Secretary of the Treasury shall transfer to the Secretary from the special account such amounts as the Secretary may request. The Secretary shall accept and use such amounts in accordance with subsection (c). (c) Use.--Use fees deposited pursuant to subsection (a) and transferred to the Secretary under subsection (b) shall be expended for monitoring of Forest Service special use authorizations, administration of the Forest Service's special program, interpretive programs, environmental analysis, environmental restoration, and similar purposes. SEC. 7. MINISTERIAL ISSUANCE OR AMENDMENT AUTHORIZATION. (a) NEPA Exception.--The ministerial issuance or amendment of an organizational camp special use authorization shall not be subject to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Rule of Construction.--For purposes of subsection (a), the ministerial issuance or amendment of an authorization occurs only when the issuance or amendment of the authorization would not change the physical environment or the activities, facilities, or program of the operations governed by the authorization, and at least one of the following apply: (1) The authorization is issued upon a change in control of the holder of an existing authorization. (2) The holder, upon expiration of an authorization, is issued a new authorization. (3) The authorization is amended-- (A) to effectuate administrative changes, such as modification of the land use fee or conversion to a new special use authorization form; or (B) to include nondiscretionary environmental standards or to conform with current law. | National Forest Organizational Camp Fee Improvement Act of 2003 - Directs the Secretary of Agriculture to charge an annual acreage and market value-based fee for the occupancy and use of National Forest System lands (land use fees) and facilities (facility fees) by organizational camps (nonprofit or governmental entity-run camps for youth or persons with disabilities). Provides for annual land use fee adjustments.Reduces the land-use fee, but not below a minimum amount to be determined by the Secretary, for: (1) use by persons with disabilities and at-risk children; and (2) youth programs through organized social, citizenship, character-building, or faith-based activities oriented to outdoor recreation. Prohibits facility use fee reductions.Provides for an additional fee if an organizational camp derives revenue from such lands' or facilities' use for purposes other than to introduce young people or people with disabilities to natural resource education or other appropriate experiences. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Federal Effectiveness Act''. SEC. 2. GREAT LAKES RESEARCH COUNCIL. (a) In General.--Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended-- (1) in subsection (a)(3)-- (A) by striking subparagraph (E) and inserting the following: ``(E) `Council' means the Great Lakes Research Council established by subsection (d)(1);''; (B) in subparagraph (I), by striking ``and'' at the end; (C) in subparagraph (J), by striking the period at the end and inserting ``; and''; and (D) by adding at the end the following: ``(K) `Great Lakes research' means the application of scientific or engineering expertise to explain, understand, and predict a physical, chemical, biological, or socioeconomic process, or the interaction of 1 or more of the processes, in the Great Lakes ecosystem.''; (2) by striking subsection (d) and inserting the following: ``(d) Great Lakes Research Council.-- ``(1) Establishment of council.--There is established a Great Lakes Research Council. ``(2) Duties of council.--The Council shall-- ``(A) advise and promote the coordination of Federal Great Lakes research activities to avoid unnecessary duplication and ensure greater effectiveness in achieving protection of the Great Lakes ecosystem through the goals of the Great Lakes Water Quality Agreement; ``(B) not later than 1 year after the date of the enactment of this subparagraph and biennially thereafter, after providing opportunity for public review and comment, prepare and provide to interested parties a document that includes-- ``(i) an assessment of the Great Lakes research activities needed to fulfill the goals of the Great Lakes Water Quality Agreement; ``(ii) an assessment of Federal expertise and capabilities in the activities needed to fulfill the goals of the Great Lakes Water Quality Agreement, including an inventory of Federal Great Lakes research programs, projects, facilities, and personnel; and ``(iii) recommendations for long-term and short-term priorities for Federal Great Lakes research, based on a comparison of the assessment conducted under clause (i) and the assessment conducted under clause (ii); ``(C) identify topics for and participate in meetings, workshops, symposia, and conferences on Great Lakes research issues; ``(D) make recommendations for the uniform collection of data for enhancing Great Lakes research and management protocols relating to the Great Lakes ecosystem; ``(E) advise and cooperate in-- ``(i) improving the compatible integration of multimedia data concerning the Great Lakes ecosystem; and ``(ii) any effort to establish a comprehensive multimedia data base for the Great Lakes ecosystem; and ``(F) ensure that the results, findings, and information regarding Great Lakes research programs conducted or sponsored by the Federal Government are disseminated in a timely manner, and in useful forms, to interested persons, using to the maximum extent practicable mechanisms in existence on the date of the dissemination, such as the Great Lakes Research Inventory prepared by the International Joint Commission. ``(3) Membership.-- ``(A) In general.--The Council shall consist of 1 research manager with extensive knowledge of, and scientific expertise and experience in, the Great Lakes ecosystem from each of the following agencies and instrumentalities: ``(i) The Agency. ``(ii) The National Oceanic and Atmospheric Administration. ``(iii) The National Biological Service. ``(iv) The United States Fish and Wildlife Service. ``(v) Any other Federal agency or instrumentality that expends $1,000,000 or more for a fiscal year on Great Lakes research. ``(vi) Any other Federal agency or instrumentality that a majority of the Council membership determines should be represented on the Council. ``(B) Nonvoting members.--At the request of a majority of the Council membership, any person who is a representative of a Federal agency or instrumentality not described in subparagraph (A) or any person who is not a Federal employee may serve as a nonvoting member of the Council. ``(4) Chairperson.--The chairperson of the Council shall be a member of the Council from an agency specified in clause (i), (ii), or (iii) of paragraph (3)(A) who is elected by a majority vote of the members of the Council. The chairperson shall serve as chairperson for a period of 2 years. A member of the Council may not serve as chairperson for more than 2 consecutive terms. ``(5) Expenses.--While performing official duties as a member of the Council, a member shall be allowed travel or transportation expenses under section 5703 of title 5, United States Code. ``(6) Interagency cooperation.--The head of each Federal agency or instrumentality that is represented on the Council-- ``(A) shall cooperate with the Council in implementing the recommendations developed under paragraph (2); ``(B) may, on written request of the chairperson of the Council, make available, on a reimbursable basis or otherwise, such personnel, services, or facilities as may be necessary to assist the Council in carrying out the duties of the Council under this section; and ``(C) shall, on written request from the chairperson, furnish data or information necessary to carry out the duties of the Council under this section. ``(7) International cooperation.--The Council shall cooperate, to the maximum extent practicable, with the research coordination efforts of the Council of Great Lakes Research Managers of the International Joint Commission. ``(8) Reimbursement for requested activities.--Each Federal agency or instrumentality represented on the Council may reimburse another Federal agency or instrumentality or a non- Federal entity for costs associated with activities authorized under this subsection that are carried out by the other agency, instrumentality, or entity at the request of the Council. ``(9) Federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. ``(10) Effect on other law.--Nothing in this subsection affects the authority of any Federal agency or instrumentality, under any law, to undertake Great Lakes research activities.''; (3) in subsection (e)-- (A) in paragraph (1), by striking ``the Program Office and the Research Office shall prepare a joint research plan'' and inserting ``the Program Office, in consultation with the Council, shall prepare a research plan''; and (B) in paragraph (3)(A), by striking ``the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States'' and inserting ``the Council, the Agency for Toxic Substances and Disease Registry, and Great Lakes States,''; and (4) in subsection (h)-- (A) in paragraph (1), by adding ``and'' at the end; (B) in paragraph (2), by striking ``; and'' and inserting a period; and (C) by striking paragraph (3). (b) Conforming Amendment.--The second sentence of section 403(a) of the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C. 1447b(a)) is amended by striking ``Great Lakes Research Office authorized under'' and inserting ``Great Lakes Research Council established by''. | Great Lakes Federal Effectiveness Act - Amends the Federal Water Pollution Control Act to replace provisions regarding the Great Lakes Research Office of the National Oceanic and Atmospheric Administration with those establishing an interagency Great Lakes Research Council. Directs the Council to: (1) promote the coordination of Federal Great Lakes research activities to avoid duplication and ensure effectiveness in achieving protection of the Great Lakes ecosystem through the Great Lakes Water Quality Agreement; (2) prepare a document that assesses research activities and Federal expertise in such activities needed to fulfill Agreement goals; (3) identify topics for and participate in workshops and conferences on Great Lakes research issues; (4) make recommendations for the uniform collection of data for enhancing research and management protocols relating to the Great Lakes ecosystem; (5) advise in improving the integration of multimedia data concerning the ecosystem and in efforts to establish a multimedia data base for the ecosystem; and (6) ensure that findings and information regarding such research are disseminated in a timely manner. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Apprenticeship, Training, and Employment Act of 2003''. SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45G. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. ``(a) General Rule.--For purposes of section 38, in the case of a small business employer, the highly skilled trades training credit determined under this section for the taxable year is $10,000 for each employee (not to exceed 3 employees) having a qualified training year ending with or within such taxable year (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(b) Definitions.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who qualifies during such taxable year as a specialty trade contractor under subsector 238 of sector 23 contained in the table under section 121.201 of title 13, Code of Federal Regulations, as in effect on the date of the enactment of this section. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which the employee received at least 1,500 hours of training (including on-the-job training and training at multi-employer training facilities) from the taxpayer (or any predecessor) under a qualified training program as an apprentice in any highly skilled trade. ``(B) Highly skilled trades.--For purposes of subparagraph (A), the term `highly skilled trades' means any specialty trade specified under subsector 238 of sector 23 contained in the table under section 121.201 of title 13, Code of Federal Regulations, as in effect on the date of the enactment of this section. Such term shall not include any trade if the customary apprenticeship period for such trade is less than 2 years. ``(C) Qualified training program.-- ``(i) In general.--The term `qualified training program' means a written plan of study and training for individuals in, or entering into, highly skilled trades. ``(ii) Description of programs.--A plan under clause (i) must be a program which meets the requirements of clause (iii) and is either-- ``(I) an apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50), or ``(II) a program licensed, registered, or certified by the workforce investment board or apprenticeship agency or council of a State or administered in compliance with apprenticeship laws of a State. ``(iii) Requirements.--A program meets the requirements of this clause if such program-- ``(I) is accessible to individuals without discrimination on the basis of race, sex, color, religion, or national origin, ``(II) provides an overview of the trade, including the history and modern developments in such trade, ``(III) provides related instruction of the fundamental, intermediate, and advanced skills, techniques, and materials of the trade, ``(IV) provides training in math, measurement, and blueprint reading skills, if such skills are required in the trade, ``(V) provides training on trade- specific tools and equipment, ``(VI) provides trade specific safety and health training, ``(VII) provides on-the-job training which allows performance of work under close supervision of an instructor or skilled worker, and ``(VIII) provides periodic review and evaluation of participants to demonstrate proficiency in skills, including the use of tests and assessment of individual and group projects. ``(3) Training period.--The term `training period' means, with respect to an employee, the period-- ``(A) beginning on the date that the employee begins employment with the taxpayer as an apprentice in the highly skilled trade, and ``(B) ending on the earlier of-- ``(i) the date that such apprenticeship with the employer ends, or ``(ii) the date which is 2 years after the date referred to in subparagraph (A). ``(c) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(16) in the case of a small business employer (as defined in section 45G(b)), the highly skilled trades training credit determined under section 45G(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Small Business Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45G(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45G. Expenses for long-term training of employees in highly skilled small business trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in the taxable years ending after the date of the enactment of this Act. | Apprenticeship, Training, and Employment Act of 2003 - Amends the Internal Revenue Code to provide small employers with a highly skilled trades training credit. |
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-(-4-) -t-h-e -t-e-r-m -`-`-p-r-o-m-o-t-e-r-'-' -m-e-a-n-s -a -p-e-r-s-o-n -o-r -b-u-s-i-n-e-s-s -t-h-a-t -o-r-g-a-n-i-z-e-s-, -h-o-l-d-s-, -a-d-v-e-r-t-i-s-e-s-, -o-r -o-t-h-e-r-w-i-s-e -c-o-n-d-u-c-t-s -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-; -a-n-d -(-5-) -t-h-e -t-e-r-m -`-`-S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-'-' -m-e-a-n-s -a -S-t-a-t-e -a-g-e-n-c-y -w-i-t-h -a-u-t-h-o-r-i-t-y -t-o -r-e-g-u-l-a-t-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g-; -S-E-C-. -3-. -P-U-R-P-O-S-E-. -T-h-e -p-u-r-p-o-s-e-s -o-f -t-h-i-s -A-c-t -a-r-e--- -(-1-) -t-o -i-m-p-r-o-v-e -a-n-d -e-x-p-a-n-d -t-h-e -s-y-s-t-e-m -o-f -s-a-f-e-t-y -p-r-e-c-a-u-t-i-o-n-s -t-h-a-t -p-r-o-t-e-c-t-s -t-h-e -w-e-l-f-a-r-e -o-f -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r-s-; -a-n-d -(-2-) -t-o -a-s-s-i-s-t -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-s -t-o -p-r-o-v-i-d-e -p-r-o-p-e-r -o-v-e-r-s-i-g-h-t -f-o-r -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -i-n-d-u-s-t-r-y -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-. -S-E-C-. -4-. -P-R-O-F-E-S-S-I-O-N-A-L -B-O-X-I-N-G -M-A-T-C-H-E-S-. -A -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -m-a-y -b-e -h-e-l-d -i-n -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -o-n-l-y -i-f--- -(-1-) -t-h-e -S-t-a-t-e -w-h-e-r-e -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -i-s -t-o -b-e -h-e-l-d--- -(-A-) -h-a-s -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -; -o-r -(-B-) -h-a-s -e-n-t-e-r-e-d -i-n-t-o -a-n -a-g-r-e-e-m-e-n-t -w-i-t-h -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-f -a-n-o-t-h-e-r -S-t-a-t-e-; -t-o -o-v-e-r-s-e-e -t-h-e -m-a-t-c-h -a-n-d -t-o -r-e-g-u-l-a-t-e -e-a-c-h -o-f -i-t-s -b-o-x-i-n-g -m-a-t-c-h-e-s-; -a-n-d -(-2-) -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -h-a-s -e-s-t-a-b-l-i-s-h-e-d -p-r-o-c-e-d-u-r-e-s -t-o -c-a-r-r-y -o-u-t -s-e-c-t-i-o-n-s -5-, -6-, -a-n-d -7-. -S-E-C-. -5-. -R-E-G-I-S-T-R-A-T-I-O-N-. -(-a-) -R-e-q-u-i-r-e-m-e-n-t-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -r-e-g-i-s-t-e-r -w-i-t-h--- -(-1-) -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-f -t-h-e -S-t-a-t-e -i-n -w-h-i-c-h -s-u-c-h -b-o-x-e-r -r-e-s-i-d-e-s-; -(-2-) -i-n -t-h-e -c-a-s-e -o-f -a -b-o-x-e-r -w-h-o -i-s -a -r-e-s-i-d-e-n-t -o-f -a -S-t-a-t-e -i-n -w-h-i-c-h -t-h-e-r-e -i-s -n-o -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-, -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -d-e-s-c-r-i-b-e-d -i-n -s-e-c-t-i-o-n -4-(-1-)-(-B-)-; -o-r -(-3-) -i-n -t-h-e -c-a-s-e -o-f -a -b-o-x-e-r -f-r-o-m -a -f-o-r-e-i-g-n -c-o-u-n-t-r-y-, -a-n-y -S-t-a-t-e -t-h-a-t -h-a-s -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n-. -(-b-) -I-d-e-n-t-i-f-i-c-a-t-i-o-n -C-a-r-d-.-- -(-1-) -I-s-s-u-a-n-c-e-.----A -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -i-s-s-u-e -t-o -e-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -w-h-o -r-e-g-i-s-t-e-r-s -i-n -a-c-c-o-r-d-a-n-c-e -w-i-t-h -s-u-b-s-e-c-t-i-o-n -(-a-)-, -a-n -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -t-h-a-t -c-o-n-t-a-i-n-s--- -(-A-) -a -r-e-c-e-n-t -p-h-o-t-o-g-r-a-p-h -o-f -t-h-e -b-o-x-e-r-; -(-B-) -t-h-e -s-o-c-i-a-l -s-e-c-u-r-i-t-y -n-u-m-b-e-r -o-f -t-h-e -b-o-x-e-r -(-o-r-, -i-n -t-h-e -c-a-s-e -o-f -a -f-o-r-e-i-g-n -b-o-x-e-r-, -a-n-y -s-i-m-i-l-a-r -c-i-t-i-z-e-n -i-d-e-n-t-i-f-i-c-a-t-i-o-n -n-u-m-b-e-r -o-r -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -n-u-m-b-e-r -f-r-o-m -t-h-e -c-o-u-n-t-r-y -o-f -r-e-s-i-d-e-n-c-e -o-f -t-h-e -b-o-x-e-r-)-; -a-n-d -(-C-) -t-h-e -p-e-r-s-o-n-a-l -i-d-e-n-t-i-f-i-c-a-t-i-o-n -n-u-m-b-e-r-s -a-s-s-i-g-n-e-d -t-o -t-h-e -b-o-x-e-r -b-y -t-h-e -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s-. -(-2-) -R-e-n-e-w-a-l-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -r-e-n-e-w -h-i-s -o-r -h-e-r -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -a-t -l-e-a-s-t -o-n-c-e -e-v-e-r-y -3 -y-e-a-r-s-. -(-3-) -P-r-e-s-e-n-t-a-t-i-o-n-.----E-a-c-h -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -s-h-a-l-l -p-r-e-s-e-n-t -h-i-s -o-r -h-e-r -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d -t-o -t-h-e -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -n-o-t -l-a-t-e-r -t-h-a-n -t-h-e -t-i-m-e -o-f -t-h-e -w-e-i-g-h-- -i-n -f-o-r -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-. -(-c-) -R-e-l-a-t-i-o-n -t-o -S-t-a-t-e -L-a-w-.----N-o-t-h-i-n-g -i-n -t-h-i-s -s-e-c-t-i-o-n -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -a-s -p-r-e-v-e-n-t-i-n-g -a -S-t-a-t-e -f-r-o-m -a-p-p-l-y-i-n-g -a-d-d-i-t-i-o-n-a-l -r-e-g-i-s-t-r-a-t-i-o-n -r-e-q-u-i-r-e-m-e-n-t-s-. -S-E-C-. -6-. -R-E-V-I-E-W-. -E-a-c-h -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -s-h-a-l-l -e-s-t-a-b-l-i-s-h -p-r-o-c-e-d-u-r-e-s--- -(-1-) -t-o -e-v-a-l-u-a-t-e -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -r-e-c-o-r-d-s -o-f -e-a-c-h -b-o-x-e-r -p-a-r-t-i-c-i-p-a-t-i-n-g -i-n -a -b-o-x-i-n-g -m-a-t-c-h -i-n -t-h-e -S-t-a-t-e-; -a-n-d -(-2-) -t-o -e-n-s-u-r-e -t-h-a-t -n-o -b-o-x-e-r -i-s -p-e-r-m-i-t-t-e-d -t-o -b-o-x -w-h-i-l-e -u-n-d-e-r -s-u-s-p-e-n-s-i-o-n -f-r-o-m -a-n-y -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -f-o-r -a-n-y -r-e-a-s-o-n-, -i-n-c-l-u-d-i-n-g--- -(-A-) -a -r-e-c-e-n-t -k-n-o-c-k-o-u-t-, -i-n-j-u-r-y-, -o-r -u-n-f-u-l-f-i-l-l-e-d -r-e-q-u-i-r-e-m-e-n-t -f-o-r -a -m-e-d-i-c-a-l -p-r-o-c-e-d-u-r-e-; -(-B-) -a-d-m-i-n-i-s-t-r-a-t-i-v-e -r-e-a-s-o-n-s-, -s-u-c-h -a-s -f-a-i-l-u-r-e -t-o -p-a-y -a -S-t-a-t-e -f-e-e -o-r -f-i-n-e-, -o-r -i-m-p-r-o-p-e-r -c-o-n-d-u-c-t-; -(-C-) -f-a-l-s-i-f-i-c-a-t-i-o-n -o-f-, -o-r -a-t-t-e-m-p-t-s -t-o -f-a-l-s-i-f-y-, -o-f-f-i-c-i-a-l -i-d-e-n-t-i-f-i-c-a-t-i-o-n -c-a-r-d-s -o-r -d-o-c-u-m-e-n-t-s-; -(-D-) -f-a-i-l-u-r-e -o-f -a -d-r-u-g -t-e-s-t-; -(-E-) -i-n-a-d-e-q-u-a-t-e -b-o-x-i-n-g -s-k-i-l-l-s-, -o-r -t-h-e -i-n-a-b-i-l-i-t-y -t-o -s-a-f-e-l-y -c-o-m-p-e-t-e-; -a-n-d -(-F-) -v-i-o-l-a-t-i-o-n -o-f -F-e-d-e-r-a-l -o-r -S-t-a-t-e -g-a-m-i-n-g -l-a-w-s-. -S-E-C-. -7-. -R-E-P-O-R-T-I-N-G-. -(-a-) -B-o-x-i-n-g -M-a-t-c-h -R-e-s-u-l-t-s-.----N-o-t -l-a-t-e-r -t-h-a-n -4-8 -b-u-s-i-n-e-s-s -h-o-u-r-s -(-e-x-c-l-u-d-i-n-g -S-a-t-u-r-d-a-y-s -a-n-d -S-u-n-d-a-y-s-) -a-f-t-e-r -t-h-e -c-o-n-c-l-u-s-i-o-n -o-f -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h-, -t-h-e -r-e-s-u-l-t-s -o-f -s-u-c-h -m-a-t-c-h -s-h-a-l-l -b-e -r-e-p-o-r-t-e-d -t-o -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s -(-A-B-C-) -a-n-d -t-o -t-h-e -F-l-o-r-i-d-a -S-t-a-t-e -A-t-h-l-e-t-i-c -C-o-m-m-i-s-s-i-o-n-. -(-b-) -S-u-s-p-e-n-s-i-o-n-s-.----N-o-t -l-a-t-e-r -t-h-a-n -4-8 -b-u-s-i-n-e-s-s -h-o-u-r-s -(-e-x-c-l-u-d-i-n-g -S-a-t-u-r-d-a-y-s -a-n-d -S-u-n-d-a-y-s-) -a-f-t-e-r -a -S-t-a-t-e -b-o-x-i-n-g -c-o-m-m-i-s-s-i-o-n -o-r-d-e-r-s -t-h-e -s-u-s-p-e-n-s-i-o-n -o-f -a -b-o-x-e-r-, -p-r-o-m-o-t-e-r-, -o-r -m-a-n-a-g-e-r-, -s-u-c-h -s-u-s-p-e-n-s-i-o-n -s-h-a-l-l -b-e -r-e-p-o-r-t-e-d -t-o -t-h-e -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -r-e-g-i-s-t-r-i-e-s -c-e-r-t-i-f-i-e-d -b-y -t-h-e -A-s-s-o-c-i-a-t-i-o-n -o-f -B-o-x-i-n-g -C-o-m-m-i-s-s-i-o-n-e-r-s -(-A-B-C-) -a-n-d -t-o -t-h-e -F-l-o-r-i-d-a -S-t-a-t-e -A-t-h-l-e-t-i-c -C-o-m-m-i-s-s-i-o-n-. -S-E-C-. -8-. -E-N-F-O-R-C-E-M-E-N-T-. -(-a-) -I-n-j-u-n-c-t-i-o-n-s-.----W-h-e-n-e-v-e-r -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -i-n -a -S-t-a-t-e -h-a-s -r-e-a-s-o-n-a-b-l-e -c-a-u-s-e -t-o -b-e-l-i-e-v-e -t-h-a-t -a -p-e-r-s-o-n -o-r -e-n-t-i-t-y -i-s -e-n-g-a-g-e-d -i-n -a -v-i-o-l-a-t-i-o-n -o-f -t-h-i-s -A-c-t -i-n -s-u-c-h -S-t-a-t-e-, -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -m-a-y -b-r-i-n-g -a -c-i-v-i-l -a-c-t-i-o-n -i-n -t-h-e -a-p-p-r-o-p-r-i-a-t-e -d-i-s-t-r-i-c-t -c-o-u-r-t -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -r-e-q-u-e-s-t-i-n-g -s-u-c-h -r-e-l-i-e-f-, -i-n-c-l-u-d-i-n-g -a -p-e-r-m-a-n-e-n-t -o-r -t-e-m-p-o-r-a-r-y -i-n-j-u-n-c-t-i-o-n-, -r-e-s-t-r-a-i-n-i-n-g -o-r-d-e-r-, -o-r -o-t-h-e-r -o-r-d-e-r-, -a-g-a-i-n-s-t -t-h-e -p-e-r-s-o-n -o-r -e-n-t-i-t-y-, -a-s -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s -A-t-t-o-r-n-e-y -d-e-t-e-r-m-i-n-e-s -n-e-c-e-s-s-a-r-y -t-o -r-e-s-t-r-a-i-n -t-h-e -p-e-r-s-o-n -o-r -e-n-t-i-t-y -f-r-o-m -c-o-n-t-i-n-u-i-n-g -t-o -e-n-g-a-g-e -i-n-, -o-r -t-o -s-a-n-c-t-i-o-n-, -a -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-i-n-g -m-a-t-c-h -i-n -v-i-o-l-a-t-i-o-n -o-f -t-h-i-s -A-c-t-. -(-b-) -C-r-i-m-i-n-a-l -P-e-n-a-l-t-i-e-s-.-- -(-1-) -M-a-n-a-g-e-r-s -a-n-d -p-r-o-m-o-t-e-r-s-.--- -A-n-y -m-a-n-a-g-e-r -o-r -p-r-o-m-o-t-e-r -w-h-o -k-n-o-w-i-n-g-l-y -a-n-d -w-i-l-l-f-u-l-l-y -v-i-o-l-a-t-e-s -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-i-s -A-c-t -s-h-a-l-l -b-e -i-m-p-r-i-s-o-n-e-d -f-o-r -n-o-t -m-o-r-e -t-h-a-n -1 -y-e-a-r -o-r -f-i-n-e-d -m-o-r-e -t-h-a-n -$-2-0-,-0-0-0-, -o-r -b-o-t-h-. -(-2-) -B-o-x-e-r-s-.----A-n-y -p-r-o-f-e-s-s-i-o-n-a-l -b-o-x-e-r -w-h-o -k-n-o-w-i-n-g-l-y -a-n-d -w-i-l-l-f-u-l-l-y -v-i-o-l-a-t-e-s -a-n-y -p-r-o-v-i-s-i-o-n -o-f -t-h-i-s -A-c-t -s-h-a-l-l -b-e -f-i-n-e-d -n-o-t -m-o-r-e -t-h-a-n -$-1-,-0-0-0-. SECTION 1. SHORT TITLE. This Act may be cited as the ``Professional Boxing Safety Act''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``boxer'' means a person who participates in a professional boxing match; (2) the term ``licensee'' means an individual who serves as a trainer, second, or cut man for a professional boxer; (3) the term ``manager'' means a person or business who helps arrange professional boxing matches for a boxer, and who serves as an advisor or representative of a boxer in a professional capacity; (4) the term ``matchmaker'' means a person or business that proposes, selects, and arranges the boxers to participate in a professional boxing event; (5) the term ``professional boxing match'' means a boxing contest held in the United States between individuals for compensation or a prize, and does not include any amateur boxing match; (6) the term ``promoter'' means a person or business that organizes, holds, advertises, or otherwise conducts a professional boxing match; and (7) the term ``State boxing commission'' means a State agency with authority to regulate professional boxing. SEC. 3. PURPOSE. The purposes of this Act are-- (1) to improve and expand the system of safety precautions that protects the welfare of professional boxers; and (2) to assist State boxing commissions to provide proper oversight for the professional boxing industry in the United States. SEC. 4. PROFESSIONAL BOXING MATCHES. A professional boxing match may be held in the United States only if-- (1)(A) the State where the professional boxing match is to be held has a State boxing commission; or (B) the promoter who seeks to put on a boxing event in a State that does not have a boxing commission has entered into an agreement with the chief administrative officer of a State that has a boxing commission to oversee the match; and (2) the State boxing commission has established procedures to carry out sections 5, 6, and 7. SEC. 5. REGISTRATION. (a) Requirement.--Each professional boxer shall register with-- (1) the State boxing commission of the State in which such boxer resides; or (2) in the case of a boxer who is a resident of a foreign country, or a State in which there is no State boxing commission, the State boxing commission of any State that has such a commission. (b) Identification Card.-- (1) Issuance.--A State boxing commission shall issue to each professional boxer who registers in accordance with subsection (a), an identification card that contains-- (A) a recent photograph of the boxer; (B) the social security number of the boxer (or, in the case of a foreign boxer, any similar citizen identification number or professional boxer number from the country of residence of the boxer); and (C) the personal identification numbers assigned to the boxer by the boxing registries certified by the Association of Boxing Commissioners. (2) Renewal.--Each professional boxer shall renew his or her identification card at least once every 3 years. (3) Presentation.--Each professional boxer shall present his or her identification card to the State boxing commission not later than the time of the weigh-in for a professional boxing match. (c) Relation to State Law.--Nothing in this section shall be construed as preventing a State from applying additional registration requirements. SEC. 6. REVIEW. Each State boxing commission shall establish procedures-- (1) to evaluate the professional records of each boxer participating in a boxing match in the State; (2) to ensure that no boxer is permitted to box while under suspension from any State boxing commission due to injury or other medical-related reason, including-- (A) a recent knockout, injury, or requirement for a medical procedure; (B) failure of a drug test; (C) poor boxing skills, or the inability to safely compete; and (D) the use of false aliases, or falsifying, or attempts to falsify, official identification cards or documents; and (3) to ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension from any State for reasons other than the reasons listed in paragraph (2), such commission shall notify and consult with the chief administrative officer of the State that ordered the suspension prior to the grant of approval for such individual to participate in such boxing event. SEC. 7. REPORTING. (a) Boxing Match Results.--Not later than 48 business hours (excluding Saturdays and Sundays) after the conclusion of a professional boxing match, the results of such match shall be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and to the Florida State Athletic Commission. (b) Suspensions.--Not later than 48 business hours (excluding Saturdays and Sundays) after a State boxing commission orders the suspension of a boxer, promoter, or manager, such suspension shall be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and to the Florida State Athletic Commission. (c) Alternate Reporting Entity.--If the State of Florida ceases, for any reason, to publish and circulate a national suspension list at no cost to other States on a frequent basis, the Association of Boxing Commissions (ABC) shall select a different public or private entity to voluntarily undertake to compile and circulate a suspension list to all State commissions at no cost. SEC. 8. ENFORCEMENT. (a) Injunctions.--Whenever the United States Attorney in a State has reasonable cause to believe that a person or entity is engaged in a violation of this Act in such State, the United States Attorney may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order, against the person or entity, as the United States Attorney determines necessary to restrain the person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. (b) Criminal Penalties.-- (1) Managers, promoters, matchmakers, and licensees.--Each manager, promoter, matchmaker, and licensee who knowingly and willfully violates any provision of this Act shall be imprisoned for not more than 1 year or fined more than $20,000, or both. (2) Boxers.--Any professional boxer who knowingly and willfully violates any provision of this Act shall be fined not more than $1,000. SEC. 9. STUDY. (a) In General.--The Secretary of Labor shall conduct a study on the feasibility and cost of a national pension system for professional boxers, including potential funding sources. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress on the findings of the study conducted pursuant to subsection (a). | Professional Boxing Safety Act - Allows a professional boxing match to be held in the United States only if: (1) the State where the match is to be held has a State boxing commission or the promoter who seeks to put on a boxing event in a State that does not have such a commission has entered into an agreement with the chief administrative officer of a State that does to oversee the match; and (2) such commission has established procedures to carry out this Act. Directs each professional boxer to register with the commission of the State in which such boxer resides or, where a boxer is a resident of a foreign country or a State without such a commission, with any State commission. Requires a commission to issue an identification card to each registered professional boxer to be renewed by the boxer at least once every three years and to be presented to the commission by the time of the weigh-in for a professional boxing match. Directs each commission to establish procedures to: (1) evaluate the professional records of each boxer participating in a boxing match in the State; (2) ensure that no boxer is permitted to box while under suspension from any commission due to injury or other medical-related reason, including a recent knockout, failure of a drug test, inability to safely compete, and the use of false aliases; and (3) ensure that if such commission is considering permitting a boxer, promoter, manager, or other licensee to participate in a boxing event while the individual is under suspension for any other reasons, such commission shall notify and consult the chief administrative officer that ordered the suspension prior to the grant of approval. Requires the results of a professional boxing match and the suspension of a boxer, promoter, or manager to be reported to the professional boxing registries certified by the Association of Boxing Commissions (ABC) and the Florida State Athletic Commission within 48 business hours. Specifies that if the State of Florida ceases to publish and circulate a national suspension list at no cost to other States on a frequent basis, ABC shall select a different public or private entity to voluntarily undertake such task. Authorizes the U.S. Attorney to bring a civil action in U.S. district court requesting relief to restrain a person or entity from continuing to engage in, or to sanction, a professional boxing match in violation of this Act. Imposes criminal penalties on managers, promoters, matchmakers and licensees who knowingly and willfully violate this Act. Directs the Secretary of Labor to conduct a study on the feasibility and cost of a national pension system for professional boxers, including potential funding sources. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids Invest and Develop Savings Act of 2007''. SEC. 2. EXPANSION OF SAVERS CREDIT. (a) Expansion of Credit.--Subsections (a) and (b) of section 25B of such Code are amended to read as follows: ``(a) Allowance of Credit.--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 qualified retirement savings contributions of the eligible individual for the taxable year. ``(b) Limitation.-- ``(1) In general.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed the applicable dollar limit. ``(2) Applicable dollar limit.--For purposes of paragraph (1)-- ``(A) In general.--Except as provided in subparagraph (B), the applicable dollar limit is-- ``(i) in the case of a joint return, $3,000, and ``(ii) in the case of any other return, 50 percent of the dollar amount applicable for the taxable year under clause (i). ``(B) Limitation based on adjusted gross income.-- The applicable dollar limit shall be zero in the case of a taxpayer whose adjusted gross income for the taxable year exceeds-- ``(i) $150,000 in the case of a joint return, and ``(ii) $95,000 in any other case. ``(3) Inflation adjustment.--In the case of any taxable year beginning after 2007, the amounts contained in subparagraph (A)(i) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) shall each be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.''. (b) Credit Allowed for Contributions to Roth IRAs for Children.-- (1) In general.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ``, and'', and by inserting after subparagraph (C) the following new subparagraph: ``(D) the amount of contributions made by the eligible individual to all Roth IRAs for children under section 408A(g).''. (2) Limitation.--Paragraph (1) of section 25B(d) of such Code (defining qualified retirement savings contributions) is amended by adding at the end the following flush sentence: ``The amount taken into account under subparagraph (D) shall not exceed the aggregate amount of contributions allowed to all Roth IRAs of such eligible individual under section 408A(g).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. SEC. 3. ROTH IRAS FOR CHILDREN. (a) In General.--Section 408A of the Internal Revenue Code of 1986 (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Special Rules for Roth IRAs for Children.-- ``(1) General rule.--A Roth IRA maintained for the benefit of an individual who has not attained age 25 before the close of the taxable year shall be maintained under this section, as modified by this subsection. ``(2) Contribution limits.-- ``(A) In general.--For so long as a Roth IRA is subject to this subsection, contributions to such Roth IRA shall be subject to this paragraph and not to subsection (c)(2), and subsection (c)(3) shall not apply. ``(B) Limit.--The aggregate amount of contributions for any taxable year to all child Roth IRAs maintained for the benefit of an individual under this subsection shall not exceed the maximum amount allowable as a deduction under subsection (b)(1) of section 219 for such taxable year (computed without regard to subsections (b)(1)(B), (d)(1), and (g) of such section).''. (b) Enforcement of Contribution Limits.--Paragraphs (1)(B) and (2)(B) of section 4973(f) of such Code are each amended by striking ``and (c)(3)'' and inserting ``, (c)(3), and (g)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2006. | Kids Invest and Develop Savings Act of 2007 - Amends the Internal Revenue Code to: (1) increase the allowable amount of the tax credit for retirement savings; (2) expand eligibility for such credit to taxpayers with adjusted gross incomes up to $95,000 ($150,000 for joint returns); (3) establish tax-exempt Roth individual retirement accounts (IRAs) for individuals under the age of 25; and (4) allow a tax credit for contributions to such IRAs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access for Small Businesses Act of 2006''. SEC. 2. THREE-SHARE PROGRAMS. The Social Security Act (42 U.S.C. 301 et seq.) is amended by adding at the end the following: ``TITLE XXII--PROVIDING FOR THE UNINSURED ``SEC. 2201. THREE-SHARE PROGRAMS. ``(a) Pilot Programs.--The Secretary, acting through the Administrator, shall award grants under this section for the startup and operation of 50 eligible three-share pilot programs for a 5-year period. ``(b) Grants for Three-Share Programs.-- ``(1) Establishment.--The Administrator may award grants to eligible entities-- ``(A) to establish three-share programs; ``(B) to provide for contributions to the premiums assessed for coverage under a three-share program as provided for in subsection (c)(2)(B)(iii); and ``(C) to establish risk pools. ``(2) Three-share program plan.--Each entity desiring a grant under this subsection shall develop a plan for the establishment and operation of a three-share program that meets the requirements of paragraphs (2) and (3) of subsection (c). ``(3) Application.--Each entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner and containing such information as the Administrator may require, including-- ``(A) the three-share program plan described in paragraph (2); and ``(B) an assurance that the eligible entity will-- ``(i) determine a benefit package; ``(ii) recruit businesses and employees for the three-share program; ``(iii) build and manage a network of health providers or contract with an existing network or licensed insurance provider; ``(iv) manage all administrative needs; and ``(v) establish relationships among community, business, and provider interests. ``(4) Priority.--In awarding grants under this section the Secretary shall give priority to an applicant-- ``(A) that is an existing three-share program; ``(B) that is an eligible three-share program that has demonstrated community support; or ``(C) that is located in a State with insurance laws and regulations that permit three-share program expansion. ``(c) Grant Eligibility.-- ``(1) In general.--The Secretary, acting through the Administrator, shall promulgate regulations providing for the eligibility of three-share programs for participation in the pilot program under this section. ``(2) Three-share program requirements.-- ``(A) In general.--To be determined to be an eligible three-share program for purposes of participation in the pilot program under this section a three-share program shall-- ``(i) be either a non-profit or local governmental entity; ``(ii) define the region in which such program will provide services; ``(iii) have the capacity to carry out administrative functions of managing health plans, including monthly billings, verification/enrollment of eligible employers and employees, maintenance of membership rosters, development of member materials (such as handbooks and identification cards), customer service, and claims processing; and ``(iv) have demonstrated community involvement. ``(B) Payment.--To be eligible under paragraph (1), a three-share program shall pay the costs of services provided under subparagraph (A)(ii) by charging a monthly premium for each covered individual to be divided as follows: ``(i) Not more than 30 percent of such premium shall be paid by a qualified employee desiring coverage under the three-share program. ``(ii) Not more than 30 percent of such premium shall be paid by the qualified employer of such a qualified employee. ``(iii) At least 40 percent of such premium shall be paid from amounts provided under a grant under this section. ``(iv) Any remaining amount shall be paid by the three-share program from other public, private, or charitable sources. ``(C) Program flexibility.--To provide program design flexibility to accommodate the needs of different States, regions, and communities, both urban and rural, a three-share program may include the following: ``(i) Income eligibility guidelines for enrollment purposes. ``(ii) Procedures to permit the enrollment of individuals, as well as small businesses, in which case the enrollee would be responsible for payment of the employer's share of the premium. ``(iii) For individual enrollees, and employer groups of less than 4 individuals, the program may impose limitations on the payment of services for pre-existing health conditions during the first year of enrollment. ``(3) Coverage.-- ``(A) In general.--To be an eligible three-share program under this section, the three-share program shall provide at least the following benefits: ``(i) Physicians services. ``(ii) In-patient hospital services. ``(iii) Out-patient services. ``(iv) Emergency room visits. ``(v) Emergency ambulance services. ``(vi) Diagnostic lab fees and x-rays. ``(vii) Prescription drug benefits. ``(B) Limitation.--Nothing in subparagraph (A) shall be construed to require that a three-share program provide coverage for services performed outside the region described in paragraph (2)(A)(i). ``(C) Preexisting conditions.--A program described in subparagraph (A) shall not be an eligible three- share program under paragraph (1) if any individual can be excluded from coverage under such program because of a preexisting health condition. ``(d) Grants for Existing Three-Share Programs To Meet Certification Requirements.-- ``(1) In general.--The Administrator may award grants to three-share programs that are operating on the date of enactment of this section. ``(2) Application.--Each eligible entity desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and containing such information as the Administrator may require. ``(e) Application of State Laws.--Nothing in this section shall be construed to preempt State law. ``(f) Distressed Business Formula.-- ``(1) In general.--Not later than 60 days after the date of enactment of this section, the Administrator of the Health Resources and Services Administration shall develop a formula to determine which businesses qualify as distressed businesses for purposes of this section. ``(2) Effect on insurance market.--Granting eligibility to a distressed business using the formula under paragraph (1) shall not interfere with the insurance market. Any business found to have reduced benefits to qualify as a distressed business under the formula under paragraph (1) shall not be eligible to be a three-share program for purposes of this section. ``(g) Definitions.--In this section: ``(1) Administrator.--The term `Administrator' means the Administrator of the Health Resources and Services Administration. ``(2) Covered individual.--The term `covered individual' means-- ``(A) a qualified employee; or ``(B) a child under the age of 23 or a spouse of such qualified employee who-- ``(i) lacks access to health care coverage through their employment or employer; ``(ii) lacks access to health coverage through a family member; ``(iii) is not eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(iv) does not qualify for benefits under the State Children's Health Insurance Program under title XXI. ``(3) Distressed business.--The term `distressed business' means a business that-- ``(A) in light of economic hardship and rising health care premiums may be forced to discontinue or scale back its health care coverage; and ``(B) qualifies as a distressed business according to the formula under subsection (g). ``(4) Eligible entity.--The term `eligible entity' means an entity that meets the requirements of subsection (a)(2)(A). ``(5) Qualified employee.--The term `qualified employee' means any individual employed by a qualified employer who meets certain criteria including-- ``(A) lacking access to health coverage through a family member or common law partner; ``(B) not being eligible for coverage under the medicare program under title XVIII or the medicaid program under title XIX; and ``(C) agreeing that the share of fees described in subsection (a)(2)(B)(i) shall be paid in the form of payroll deductions from the wages of such individual. ``(6) Qualified employer.--The term `qualified employer' means an employer as defined in section 3(d) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) who-- ``(A) is a small business concern as defined in section 3(a) of the Small Business Act (15 U.S.C. 632); ``(B) is located in the region described in subsection (a)(2)(A)(i); and ``(C) has not contributed to the health care benefits of its employees for at least 12 months consecutively or currently provides insurance but is classified as a distressed business. ``(h) Evaluation.--Not later than 90 days after the end of the 5- year period during which grants are available under this section, the General Accounting Office shall begin preparing a report for the Secretary and the appropriate committees of Congress concerning-- ``(1) the effectiveness of the programs established under this section; ``(2) the number of individuals covered under such programs; ``(3) any resulting best practices; and ``(4) the level of community involvement. ``(i) Authorization of Appropriations.--There is authorized to be appropriated and there is appropriated to carry out this section $100,000,000 for each of fiscal years 2007 through 2012.''. | Health Care Access for Small Businesses Act of 2006 - Amends the Social Security Act to create a new title XXII to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants for the startup and operation of 50 eligible three-share pilot programs for a five-year period. Characterizes a three-share program as three-way health insurance premium sharing among employer, employee, and the grant funds. Authorizes the use of grants to establish three-share programs, provide for contributions to premiums, and establish risk pools. Requires grant applicants to: (1) be either nonprofits or local governmental entities; (2) define the program's service region; (3) have the capacity to carry out administrative functions associated with managing health plans; and (4) have demonstrated community involvement. Requires programs to pay for the costs of services through monthly premiums, divided among employee, employer, and grant funds according to specified percentages. Sets forth minimal coverage requirements for three-share program eligibility. Requires the Administrator to develop a formula to determine which businesses qualify as distressed businesses for purposes of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coltsville National Historical Park Act''. SEC. 2. DEFINITIONS. For the purposes of this Act: (1) City.--The term ``city'' means the city of Hartford, Connecticut. (2) Commission.--The term ``Commission'' means the Coltsville National Historical Park Advisory Commission established by subsection 6(a). (3) Historic district.--The term ``Historic District'' means the Coltsville Historic District. (4) Map.--The term ``map'' means the map titled ``Coltsville National Historical Park--Proposed Boundary'', numbered T25/102087, and dated May 11, 2010. (5) Park.--The term ``park'' means the Coltsville National Historical Park in the State of Connecticut. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Connecticut. SEC. 3. COLTSVILLE NATIONAL HISTORICAL PARK. (a) Establishment.-- (1) In general.--Subject to paragraph (2), there is established in the State a unit of the National Park System to be known as the ``Coltsville National Historical Park''. (2) Conditions for establishment.--The park shall not be established until the date on which the Secretary determines that-- (A) the Secretary has acquired by donation sufficient land or an interest in land within the boundary of the park to constitute a manageable unit; (B) the State, city, or private property owner, as appropriate, has entered into a written agreement with the Secretary to donate at least 10,000 square feet of space in the East Armory which would include facilities for park administration and visitor services; (C) the Secretary has entered into a written agreement with the State, city, or other public entity, as appropriate, providing that-- (i) land owned by the State, city, or other public entity within the Coltsville Historic District shall be managed consistent with this section; and (ii) future uses of land within the historic district shall be compatible with the designation of the park and the city's preservation ordinance; and (D) the Secretary has reviewed the financial resources of the owners of private and public property within the boundary of the proposed park to ensure the viability of the park based on those resources. (b) Boundaries.--The park shall include and provide appropriate interpretation and viewing of the following sites, as generally depicted on the map: (1) The East Armory. (2) The Church of the Good Shepherd. (3) The Caldwell/Colt Memorial Parish House. (4) Colt Park. (5) The Potsdam Cottages. (6) Armsmear. (7) The James Colt House. (c) Collections.--The Secretary shall enter into a written agreement with the State of Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain appropriate access to Colt-related artifacts for the purposes of having items routinely on display in the East Armory or within the park as determined by the Secretary as a major function of the visitor experience. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer the 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 Service 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) State and Local Jurisdiction.--Nothing in this Act enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the city)-- (1) to exercise civil and criminal jurisdiction; or (2) to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the park. (c) Cooperative Agreements.-- (1) In general.--As the Secretary determines to be appropriate to carry out this Act, the Secretary may enter into cooperative agreements with the owner of any property within the Coltsville Historic District or any nationally significant properties within the boundary of the park, under which the Secretary may identify, interpret, restore, rehabilitate, and provide technical assistance for the preservation of the properties. (2) Right of access.--A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of-- (A) conducting visitors through the properties; and (B) interpreting the properties for the public. (3) Changes or alterations.--No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations. (4) Conversion, use, or disposal.--Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in an amount equal to the greater of-- (A) the amounts made available to the project by the United States; or (B) the portion of the increased value of the project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal. (5) Matching funds.-- (A) In general.--As a condition of the receipt of funds under this subsection, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds. (B) Form.--With the approval of the Secretary, the non-Federal share required under subparagraph (A) may be in the form of donated property, goods, or services from a non-Federal source, fairly valued. (d) Acquisition of Land.--The Secretary is authorized to acquire land and interests in land by donation, purchase with donated or appropriated funds, or exchange, except that land or interests in land owned by the State or any political subdivision of the State may be acquired only by donation. (e) Technical Assistance and Public Interpretation.--The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the historic district. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 fiscal years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the Commission, shall complete a management plan for the park in accordance with-- (1) section 12(b) of Public Law 91-383 (commonly known as the National Park Service General Authorities Act) (16 U.S.C. 1a-7(b)); and (2) other applicable laws. (b) Cost Share.--The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the city, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the park. (c) Submission to Congress.--On completion of the management plan, the Secretary shall submit the management plan to-- (1) the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Energy and Natural Resources of the Senate. SEC. 6. COLTSVILLE NATIONAL HISTORICAL PARK ADVISORY COMMISSION. (a) Establishment.--There is established a Commission to be known as the Coltsville National Historical Park Advisory Commission. (b) Duty.--The Commission shall advise the Secretary in the development and implementation of the management plan. (c) Membership.-- (1) Composition.--The Commission shall be composed of 11 members, to be appointed by the Secretary, of whom-- (A) 2 members shall be appointed after consideration of recommendations submitted by the Governor of the State; (B) 1 member shall be appointed after consideration of recommendations submitted by the State Senate President; (C) 1 member shall be appointed after consideration of recommendations submitted by the Speaker of the State House of Representatives; (D) 2 members shall be appointed after consideration of recommendations submitted by the Mayor of Hartford, Connecticut; (E) 2 members shall be appointed after consideration of recommendations submitted by Connecticut's 2 United States Senators; (F) 1 member shall be appointed after consideration of recommendations submitted by Connecticut's First Congressional District Representative; (G) 2 members shall have experience with national parks and historic preservation; (H) all appointments must have significant experience with and knowledge of the Coltsville Historic District; and (I) 1 member of the Commission must live in the Sheldon/Charter Oak neighborhood within the Coltsville Historic District. (2) Initial appointments.--The Secretary shall appoint the initial members of the Commission not later than the earlier of-- (A) the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under paragraph (1); or (B) the date that is 30 days after the park is established. (d) Term; Vacancies.-- (1) Term.-- (A) In general.--A member shall be appointed for a term of 3 years. (B) Reappointment.--A member may be reappointed for not more than 1 additional term. (2) Vacancies.--A vacancy on the Commission shall be filled in the same manner as the original appointment was made. (e) Meetings.--The Commission shall meet at the call of-- (1) the Chairperson; or (2) a majority of the members of the Commission. (f) Quorum.--A majority of the Commission shall constitute a quorum. (g) Chairperson and Vice Chairperson.-- (1) In general.--The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (2) Vice chairperson.--The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (3) Term.--A member may serve as Chairperson or Vice Chairperson for not more than 1 year in each office. (h) Commission Personnel Matters.-- (1) Compensation of members.-- (A) In general.--Members of the Commission shall serve without compensation. (B) Travel expenses.--Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duty of the Commission. (2) Staff.-- (A) In general.--The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duty of the Commission. (B) Detail of employees.--The Secretary may accept the services of personnel detailed from the State or any political subdivision of the State. (i) FACA Nonapplicability.--Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (j) Termination.-- (1) In general.--Unless extended under paragraph (2), the Commission shall terminate on the date that is 10 years after the date of the enactment of this Act. (2) Extension.--Eight years after the date of the enactment of this Act, the Commission shall make a recommendation to the Secretary if a body of its nature is still necessary to advise on the development of the park. If, based on a recommendation under this paragraph, the Secretary determines that the Commission is still necessary, the Secretary may extend the life of the Commission for not more than 10 years. | Coltsville National Historical Park Act - Establishes the Coltsville National Historical Park as a unit of the National Park System in Connecticut. Requires the Park to provide interpretation and viewing of specified sites, including the East Armory and Colt Park. Requires the Secretary of the Interior to enter into a written agreement with the Connecticut State Library, Wadsworth Atheneum, and the Colt Trust, or other public entities, as appropriate, to gain access to Colt-related artifacts to have them on display in the East Armory or within the Park. Authorizes the Secretary to enter into cooperative agreements with the owners of any properties within the Historic District or any nationally significant properties within the Park under which the Secretary may identify, interpret, restore and provide technical assistance for the preservation of such properties. Requires any federal funds under such an agreement to be matched on a one-to-one basis by non-federal funds. Authorizes the Secretary to provide technical assistance and public interpretation of related historic and cultural resources within the Historic District. Requires the Secretary to complete and submit to Congress a management plan for the Park with the advice of the Coltsville National Historical Park Advisory Commission established by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Know Your Caller Act of 2000''. SEC. 2. PROHIBITION OF INTERFERENCE WITH CALLER IDENTIFICATION SERVICES. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Interference With Caller Identification Services.-- ``(1) In general.--It shall be unlawful for any person within the United States, in making any telephone solicitation-- ``(A) to interfere with or circumvent the capability of a caller identification service to access or provide to the recipient of the telephone call involved in the solicitation any information regarding the call that such service is capable of providing; and ``(B) to fail to provide caller identification information in a manner that is accessible by a caller identification service, if such person has capability to provide such information in such a manner. For purposes of this section, the use of a telecommunications service or equipment that is incapable of transmitting caller identification information shall not, of itself, constitute interference with or circumvention of the capability of a caller identification service to access or provide such information. ``(2) Regulations.--Not later than 6 months after the enactment of the Know Your Caller Act of 2000, the Commission shall prescribe regulations to implement this subsection, which shall-- ``(A) specify that the information regarding a call that the prohibition under paragraph (1) applies to includes-- ``(i) the name of the person or entity who makes the telephone call involved in the solicitation; ``(ii) the name of the person or entity on whose behalf the solicitation is made; and ``(iii) a valid and working telephone number at which the person or entity on whose behalf the telephone solicitation is made may be reached during regular business hours for the purpose of requesting that the recipient of the solicitation be placed on the do-not-call list required under section 64.1200 of the Commission's regulations (47 CFR 64.1200) to be maintained by such person or entity; and ``(B) provide that any person or entity who receives a request from a person to be placed on such do-not-call list may not use such person's name and telephone number for telemarketing, mail marketing, or other marketing purpose (including transfer or sale to any other entity for marketing use) other than enforcement of such list. ``(3) Private right of action.--A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State-- ``(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation; ``(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater; or ``(C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph. ``(4) Definitions.--For purposes of this subsection: ``(A) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of an incoming telephone call. ``(B) Telephone call.--The term `telephone call' means any telephone call or other transmission which is made to or received at a telephone number of any type of telephone service and includes telephone calls made using the Internet (irrespective of the type of customer premises equipment used in connection with such services). Such term also includes calls made by an automatic telephone dialing system, an integrated services digital network, and a commercial mobile radio source.''. SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS. (a) Effect on State Law.--Subsection (f)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(f)(1)), as so redesignated by section 2(1) of this Act, is further amended by inserting after ``subsection (d)'' the following: ``and the prohibition under paragraphs (1) and (2) of subsection (e),''. (b) Actions by States.--The first sentence of subsection (g)(1) of section 227 of the Communications Act of 1934 (47 U.S.C. 227(g)(1)), as so redesignated by section 2(1) of this Act, is further amended by striking ``telephone calls'' and inserting ``telephone solicitations, telephone calls, or''. SEC. 4. STUDY REGARDING TRANSMISSION OF CALLER IDENTIFICATION INFORMATION. The Federal Communications Commission shall conduct a study to determine-- (1) the extent of the capability of the public switched network to transmit the information that can be accessed by caller identification services; (2) the types of telecommunications equipment being used in the telemarketing industry, the extent of such use, and the capabilities of such types of equipment to transmit the information that can be accessed by caller identification services; and (3) the changes to the public switched network and to the types of telecommunications equipment commonly being used in the telemarketing industry that would be necessary to provide for the public switched network to be able to transmit caller identification information on all telephone calls, and the costs (including costs to the telemarketing industry) to implement such changes. The Commission shall complete the study and submit a report to the Congress on the results of the study, not later than one year after the date of the enactment of this Act. Passed the House of Representatives September 27, 2000. Attest: Clerk. | Directs the Federal Communications Commission (FCC) to prescribe regulations implementing such prohibition. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition or regulations.Directs the FCC to study and report to Congress regarding the transmission of caller identification information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Birth Defects and Developmental Disabilities Prevention Act of 2002''. SEC. 2. NATIONAL CENTER ON BIRTH DEFECTS AND DEVELOPMENTAL DISABILITIES. Section 317C of the Public Health Service Act (42 U.S.C. 247b-4) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)-- (i) by striking ``and developmental disabilities'' and inserting ``, developmental disabilities, and disabilities and health''; and (ii) by striking ``subsection (d)(2)'' and inserting ``subsection (c)(2)''; (B) in subparagraph (B), by striking ``and'' at the end; (C) in subparagraph (C), by striking the period; and (D) by adding at the end the following: ``(D) to conduct research on and to promote the prevention of such birth defects, disabilities, and the prevention of secondary health conditions among individuals with disabilities; and ``(E) to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.''; (2) by striking subsection (b); (3) in subsection (d)-- (A) in the matter preceding paragraph (1), by striking ``1999'' and inserting ``2004''; (B) by striking paragraph (1) and inserting the following: ``(1) contains information regarding the incidence and prevalence of birth defects, developmental disabilities, and the health status of individuals with disabilities and the extent to which these conditions have contributed to the incidence and prevalence of infant mortality and affected quality of life;''; (C) in paragraph (3), by inserting ``, developmental disabilities, and secondary health conditions among individuals with disabilities'' after ``defects''; (D) in paragraph (4), by striking ``and'' at the end; (E) by redesignating paragraph (5) as paragraph (7); and (F) by inserting after paragraph (4), the following: ``(5) contains information on the incidence and prevalence of individuals living with birth defects and disabilities, developmental disabilities, and the health status of individuals with disabilities, any health disparities experienced by such individuals, and recommendations for improving the health and wellness and quality of life of such individuals; ``(6) contains a summary of recommendations from all birth defects research conferences sponsored by the agency including conferences related to spina bifida; and''; (4) in subsection (e)-- (A) by inserting ``, including section 444 of the General Education Provisions Act,'' after ``privacy of information''; and (B) by inserting before the period the following: ``, except that the Centers for Disease Control and Prevention shall have access to information under section 444(b)(1)(F) of such Act solely for purposes of carrying out subsection (a)(2) of this section and shall otherwise comply with all other requirements of such section 444''; (5) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively; (6) by inserting after subsection (d) (as so redesignated), the following: ``(e) Advisory Committee.--Notwithstanding any other provision of law, the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects and Developmental Disabilities on the date of enactment of the Birth Defects and Developmental Disabilities Prevention Act of 2002.''; and (7) in subsection (f), by striking ``$30,000,000'' and all that follows and inserting ``such sums as may be necessary for each of fiscal yeas 2003 through 2007.''. SEC. 3. TECHNICAL CORRECTIONS FOR STATE COUNCILS ON DEVELOPMENTAL DISABILITIES Section 122(a) of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 3 U.S.C. 15022(a)) is amended-- (1) in paragraph (3)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal years 2000, 2001, or 2002, whichever is greater''; and (2) in paragraph (4)(A)(ii), by inserting before the period the following: ``, the amount received by the State for the previous year, or the amount of Federal appropriations received in fiscal years 2000, 2001, or 2002, whichever is greater''. Passed the Senate October 2, 2002. Attest: JERI THOMSON, Secretary. | Birth Defects and Developmental Disabilities Prevention Act of 2002 - (Sec. 2) Amends Public Health Service Act provisions concerning the National Center on Birth Defects and Developmental Disabilities to add "disabilities and health" to categories of data with regard to which the Secretary of Heath and Human Services is directed to collect, analyze, and make available. Requires the Secretary to conduct research on and promote the prevention of birth defects and disabilities and to support a National Spina Bifida Program to prevent and reduce suffering from the nation's most common permanently disabling birth defect.Removes certain provisions regarding data collection, including one requiring the Secretary to collect and analyze data by gender and ethnic and racial group. Modifies reporting requirements, including to require the Secretary to report to Congress on the incidence and prevalence of individuals living with developmental disabilities and the health status of such individuals. Declares that certain data and information collected under the Act shall be subject to a specified provision of the General Education Provisions Act pertaining to privacy.Requires that the members of the advisory committee appointed by the Director of the National Center for Environmental Health that have expertise in birth defects, developmental disabilities, and disabilities and health shall be transferred to and shall advise the National Center on Birth Defects on the date of the enactment of this Act.Authorizes appropriations through FY 2007.(Sec. 3) Amends the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to revise provisions concerning allotments to State councils on developmental disabilities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act'' or the ``America INNOVATES Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Savings clause. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY Sec. 101. Under Secretary for Science and Energy. Sec. 102. National Laboratories operations and performance management. Sec. 103. Sense of Senate on an integrated strategy for National Laboratories in the 21st century. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS Sec. 201. Agreements for Commercializing Technology pilot program. Sec. 202. Public-private partnerships for commercialization. Sec. 203. Inclusion of early-stage technology demonstration in authorized technology transfer activities. Sec. 204. Information and resources for startups and small businesses. Sec. 205. Funding competitiveness for institutions of higher education and other nonprofit institutions. TITLE III--ASSESSMENT OF IMPACT Sec. 301. Report by Government Accountability Office. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) National laboratory.--The term ``National Laboratory'' has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801). (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. SAVINGS CLAUSE. Nothing in this Act or an amendment made by this Act abrogates or otherwise affects the primary responsibilities of any National Laboratory to the Department. TITLE I--INNOVATION MANAGEMENT AT DEPARTMENT OF ENERGY SEC. 101. UNDER SECRETARY FOR SCIENCE AND ENERGY. (a) In General.--Section 202(b) of the Department of Energy Organization Act (42 U.S.C. 7132(b)) is amended-- (1) by striking ``Under Secretary for Science'' each place it appears and inserting ``Under Secretary for Science and Energy''; and (2) in paragraph (4)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (C) by inserting after subparagraph (G) the following: ``(H) establish appropriate linkages between offices under the jurisdiction of the Under Secretary; and ``(I) perform such functions and duties as the Secretary shall prescribe, consistent with this section.''. (b) Conforming Amendments.-- (1) Section 3164(b)(1) of the Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a(b)(1)) is amended by striking ``Under Secretary for Science'' and inserting ``Under Secretary for Science and Energy''. (2) Section 641(h)(2) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(h)(2)) is amended by striking ``Under Secretary for Science'' and inserting ``Under Secretary for Science and Energy''. SEC. 102. NATIONAL LABORATORIES OPERATIONS AND PERFORMANCE MANAGEMENT. (a) In General.--The Secretary shall ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) Evaluation, coordination, and promotion of transfer of National Laboratory research and development results to the market in collaboration with the Technology Transfer Coordinator. (2) Submission to the Secretary of reports describing recommendations for best practices for the National Laboratories including, with respect to management and operations procedures, conflict of interest regulations, engagement with the private sector, and technology transfer methodologies. (3) Implementation of other duties, as the Secretary determines appropriate, to improve the operations and performance of the National Laboratories. (b) Reporting.--The Secretary, in consultation with the appropriate committees of Congress, shall provide an annual update on progress made in carrying out subsection (a), including the improvement of National Laboratory operations and performance and strategic departmental and National Laboratory coordination. SEC. 103. SENSE OF SENATE ON AN INTEGRATED STRATEGY FOR NATIONAL LABORATORIES IN THE 21ST CENTURY. It is the sense of the Senate that-- (1) the establishment of the independent Commission to Review the Effectiveness of the National Energy Laboratories under section 319 of title III of division D of the Consolidated Appropriations Act, 2014, is an important step towards developing a coordinated strategy for the National Laboratories in the 21st century; and (2) Congress looks forward to-- (A) receiving the findings and conclusions of the Commission; and (B) engaging with the Administration-- (i) in strengthening the mission of the National Laboratories; and (ii) to reform and modernize the operations and management of the National Laboratories. TITLE II--CROSS-SECTOR PARTNERSHIPS AND GRANT COMPETITIVENESS SEC. 201. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. (a) In General.--The Secretary shall carry out the Agreements for Commercializing Technology pilot program of the Department, as announced by the Secretary on December 8, 2011, in accordance with this section. (b) Terms.--Each agreement entered into pursuant to the pilot program referred to in subsection (a) shall provide to the contractor of the applicable National Laboratory, to the maximum extent determined to be appropriate by the Secretary, increased authority to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. (c) Eligibility.-- (1) In general.--Notwithstanding any other provision of law (including regulations), any National Laboratory may enter into an agreement pursuant to the pilot program referred to in subsection (a). (2) Agreements with non-federal entities.--To carry out paragraph (1) and subject to paragraph (3), the Secretary shall permit the directors of the National Laboratories to execute agreements with non-Federal entities, including non-Federal entities already receiving Federal funding that will be used to support activities under agreements executed pursuant to paragraph (1). (3) Restriction.--The requirements of chapter 18 of title 35, United States Code (commonly known as the ``Bayh-Dole Act'') shall apply if-- (A) the agreement is a funding agreement (as that term is defined in section 201 of that title); and (B) at least 1 of the parties to the funding agreement is eligible to receive rights under that chapter. (d) Submission to Secretary.--Each affected director of a National Laboratory shall submit to the Secretary, with respect to each agreement entered into under this section-- (1) a summary of information relating to the relevant project; (2) the total estimated costs of the project; (3) estimated commencement and completion dates of the project; and (4) other documentation determined to be appropriate by the Secretary. (e) Certification.--The Secretary shall require the contractor of the affected National Laboratory to certify that each activity carried out under a project for which an agreement is entered into under this section-- (1) is not in direct competition with the private sector; and (2) does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (f) Extension.--The pilot program referred to in subsection (a) shall be extended for a term of 3 years after the date of enactment of this Act. (g) Report.--Not later than 60 days after the date described in subsection (f), the Secretary, in coordination with directors of the National Laboratories, shall submit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that-- (1) assesses the overall effectiveness of the pilot program referred to in subsection (a); (2) identifies opportunities to improve the effectiveness of the pilot program; (3) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (4) provides a recommendation regarding the future of the pilot program. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) and (c), the Secretary shall delegate to directors of the National Laboratories signature authority with respect to any agreement described in subsection (b) the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000. (b) Agreements.--Subsection (a) applies to-- (1) a cooperative research and development agreement; (2) a non-Federal work-for-others agreement; and (3) any other agreement determined to be appropriate by the Secretary, in collaboration with the directors of the National Laboratories. (c) Administration.-- (1) Accountability.--The director of the affected National Laboratory and the affected contractor shall carry out an agreement under this section in accordance with applicable policies of the Department, including by ensuring that the agreement does not compromise any national security, economic, or environmental interest of the United States. (2) Certification.--The director of the affected National Laboratory and the affected contractor shall certify that each activity carried out under a project for which an agreement is entered into under this section does not present, or minimizes, any apparent conflict of interest, and avoids or neutralizes any actual conflict of interest, as a result of the agreement under this section. (3) Availability of records.--On entering an agreement under this section, the director of a National Laboratory shall submit to the Secretary for monitoring and review all records of the National Laboratory relating to the agreement. (4) Rates.--The director of a National Laboratory may charge higher rates for services performed under a partnership agreement entered into pursuant to this section, regardless of the full cost of recovery. (d) Conforming Amendment.--Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting the subparagraphs appropriately; (B) by striking ``Each Federal agency'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), each Federal agency''; and (C) by adding at the end the following: ``(2) Exception.--Notwithstanding paragraph (1), in accordance with section 202(a) of the America INNOVATES Act, approval by the Secretary of Energy shall not be required for any technology transfer agreement proposed to be entered into by a National Laboratory of the Department of Energy, the total cost of which (including the National Laboratory contributions and project recipient cost share) is less than $1,000,000.''; and (2) in subsection (b), by striking ``subsection (a)(1)'' each place it appears and inserting ``subsection (a)(1)(A)''. SEC. 203. INCLUSION OF EARLY-STAGE TECHNOLOGY DEMONSTRATION IN AUTHORIZED TECHNOLOGY TRANSFER ACTIVITIES. Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is amended by-- (1) redesignating subsection (g) as subsection (h); and (2) inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds allocated for technology transfer within the Department to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the Federal Government's research needs.''. SEC. 204. INFORMATION AND RESOURCES FOR STARTUPS AND SMALL BUSINESSES. Section 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following: ``(tt) Information.--In carrying out the SBIR and STTR programs of the Department of Energy, the Secretary of Energy shall provide to small business concerns seeking funding under the programs information concerning resources that are available to small business concerns at National Laboratories and federally funded research and development centers.''. SEC. 205. FUNDING COMPETITIVENESS FOR INSTITUTIONS OF HIGHER EDUCATION AND OTHER NONPROFIT INSTITUTIONS. Section 988(b) of the Energy Policy Act of 2005 (42 U.S.C. 16352(b)) is amended-- (1) in paragraph (1), by striking ``Except as provided in paragraphs (2) and (3)'' and inserting ``Except as provided in paragraphs (2), (3), and (4)''; and (2) by adding at the end the following: ``(4) Exemption for institutions of higher education and other nonprofit institutions.-- ``(A) In general.--Paragraph (1) shall not apply to a research or development activity performed by an institution of higher education or nonprofit institution (as defined in section 4 of the Stevenson- Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)). ``(B) Termination date.--The exemption under subparagraph (A) shall apply during the 6-year period beginning on the date of enactment of this paragraph.''. TITLE III--ASSESSMENT OF IMPACT SEC. 301. REPORT BY GOVERNMENT ACCOUNTABILITY OFFICE. Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (1) partnerships initiated as a result of those projects and the potential linkages presented by those partnerships with respect to national priorities and other taxpayer-funded research; and (2) whether the activities carried out under those projects result in-- (A) fiscal savings; (B) expansion of National Laboratory capabilities; (C) increased efficiency of technology transfers; or (D) an increase in general efficiency of the National Laboratory system. | America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act or America INNOVATES Act - Amends the Department of Energy Organization Act to: (1) rename the position of the Under Secretary for Science the Under Secretary for Science and Energy, and (2) require the Under Secretary to establish appropriate linkages between offices under his or her jurisdiction and perform functions and duties prescribed by the Secretary of Energy (DOE). Directs the Secretary to ensure that the following duties and responsibilities are carried out through one or more appropriate statutory or administrative entities: (1) evaluation, coordination, and promotion of the transfer of National Laboratory research and development (R&D) results to the market in collaboration with the Technology Transfer Coordinator; (2) recommendations to the Secretary of best practices for the National Laboratories; and (3) implementation of other appropriate duties to improve National Laboratory operations and performance. Expresses the sense of the Senate regarding the development of a coordinated strategy for the national laboratories in the 21st century. Directs the Secretary to carry out the three-year DOE pilot program under the Agreements for Commercializing Technology. Requires each agreement entered into under the pilot program to increase the authority of the contractor of the applicable National Laboratory to negotiate contract terms, such as intellectual property rights, indemnification, payment structures, performance guarantees, and multiparty collaborations. Directs the Secretary to delegate to the directors of the National Laboratories signature authority with respect to any cooperative R&D agreement, non-federal work-for-others agreement, or any other appropriate agreement, the total cost of which (including National Laboratory contributions and project recipient cost share) is less than $1 million. Amends the Energy Policy Act of 2005 to permit the directors of the National Laboratories to use funds allocated for technology transfer within DOE to carry out early-stage and pre-commercial technology demonstration activities to remove technology barriers that limit private sector interest and demonstrate potential commercial applications of any research and technologies arising from National Laboratory activities intended to meet the federal government's research needs. Amends the Small Business Act to direct the Secretary to inform small business concerns seeking funding under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs about resources available to them at National Laboratories and federally funded R&D centers. Amends the Energy Policy Act of 2005 to exempt any activity performed by an institution of higher education or nonprofit institution from the requirement that at least 20% of the cost of a research or development activity be provided by a non-federal source. Requires the Government Accountability Office (GAO) to report to Congress on the results of projects developed under this Act. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Depleted Uranium Munitions Suspension and Study Act of 2001''. (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. Purposes. Sec. 4. Suspension of use of depleted uranium munitions. Sec. 5. Suspension of sale and export of depleted uranium munitions. Sec. 6. Comptroller general investigation of plutonium contamination. Sec. 7. Study of health effects of depleted uranium. Sec. 8. Epa studies of environmental contamination by depleted uranium. Sec. 9. Environmental mitigation and cleanup requirements. SEC. 2. FINDINGS. Congress makes the following findings: (1) The highest regard should be given to the health and safety of the Nation's military personnel. (2) Among the characteristics of depleted uranium munitions are that (A) they are pyrophoric, resulting in the munition burning upon impact with a target, and (B) the impact of a depleted uranium munition on a target creates aerosol particles, which can be inhaled. (3) Depleted uranium munitions were used by the United States in 1991 during the Persian Gulf War in Southwest Asia and during the conflicts in the former Federal Republic of Yugoslavia (Bosnia, Kosovo, Serbia, and Montenegro) during the 1990s, with approximately 300 metric tons of depleted uranium being used during the Gulf War, three metric tons being used in Bosnia, and over nine metric tons being used in Kosovo, Serbia, and Montenegro. (4) The United States has provided or sold depleted uranium and depleted uranium munitions to allied nations, and the United Kingdom used depleted uranium munitions during the Persian Gulf War. (5) Depleted uranium munitions have been used at numerous United States military installations, proving grounds, and testing facilities. (6) The Yugoslav and Iraqi Governments have claimed that depleted uranium is affecting the health of their people, although such claims have yet to be independently verified. (7) No definitive cause has been established for the various illnesses (commonly referred to as ``Gulf War Syndrome'') that currently affect approximately 130,000 United States servicemembers and veterans who served in Southwest Asia during the Persian Gulf War. (8) The British Royal Navy, Canadian Navy, and United States Navy have all announced that they would phase out use of depleted uranium munitions. (9) It has been reported that depleted uranium munitions use has proliferated to more than 20 nations. (10) Crash investigators of the Federal Aviation Administration are instructed, in FAA Advisory Circular 20-123, dated December 20, 1984, to ``handle with caution'' any depleted uranium that they encounter in crash investigations, and are instructed that ``the main hazard associated with depleted uranium is the harmful effect the material could have if it enters the body,'' and that ``[i]f particles are inhaled or digested, they can be chemically toxic and cause a significant and long-lasting irradiation of internal tissues,''. (11) The 1949 Geneva Convention specifically outlines the precautions warring nations must take to avoid harming civilian populations, and it would be a violation of the 1977 Protocol to that Convention to cause superfluous injury or unnecessary suffering to civilians, as depleted uranium has the potential to cause. (12) The Department of Defense has acknowledged that stocks of depleted uranium munitions have been contaminated with transuranic elements, including plutonium. (13) Plutonium is an extremely toxic, carcinogenic, and radioactive material with a half-life of 4.5 billion years. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To eliminate health threats from depleted uranium munitions to-- (A) United States military personnel and United States civilian employees; (B) military personnel and employees of NATO member nations; and (C) civilian populations in regions where such munitions were used (whether in conflict, training, or development) or produced. (2) To provide for studies of-- (A) the level and scope of contamination of depleted uranium munitions by plutonium and other transuranic elements; (B) the health effects resulting from exposure by inhalation, ingestion, or injection to depleted uranium munitions; and (C) environmental contamination caused by depleted uranium at sites where depleted uranium was used in conflict, development, testing, or training and at sites where depleted uranium and depleted uranium munitions were produced. (3) To require the Administrator of the Environmental Protection Agency to issue regulations and requirements, based upon Environmental Protection Agency studies, concerning the cleanup and mitigation of depleted uranium contamination at sites of depleted uranium munition use and production in the United States. SEC. 4. SUSPENSION OF USE OF DEPLETED URANIUM MUNITIONS. (a) Suspension of Use.--Effective no later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall direct that all elements of the Department of Defense suspend use of depleted uranium munitions. (b) Duration.--(1) The suspension of use of depleted uranium munitions required by subsection (a) shall remain in effect until the Secretary of Health and Human Services, based upon the results of the study under section 7(a), certifies to the committees specified in paragraph (2) that use of depleted uranium munitions in future conflicts-- (A) will not pose a likely long-term or residual threat to the health of United States or NATO military personnel; and (B) will not jeopardize the health of civilian populations in the area of such use. (2) The committees referred to in paragraph (1) are the following: (A) The Committee on Armed Services and the Committee on Government Reform of the House of Representatives. (B) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate. (c) Future Use Limited to Stocks Free of Transuranic Matter.--Upon a certification by the Secretary of Health and Human Services described in subsection (b), the Secretary of Defense shall limit any subsequent use of depleted uranium munitions to stocks of such munitions that the Secretary certifies to be free of plutonium and other transuranic matter. SEC. 5. SUSPENSION OF SALE AND EXPORT OF DEPLETED URANIUM MUNITIONS. (a) Suspension of Sale and Export.--Upon the enactment of this Act, all elements of the Government with responsibility for approving the foreign sale or export of munitions shall suspend the approval of the sale and export of munitions containing depleted uranium. (b) Duration.--The suspension required by subsection (a) of approval of the foreign sale and export of depleted uranium munitions shall remain in effect until the Secretary of Health and Human Services makes a certification described in section 4(b). (c) Future Exports To Be Limited to Stocks Free of Transuranic Matter.--Upon a certification by the Secretary of Health and Human Services described in section 4(b), any subsequent foreign sale or export of depleted uranium munitions or preproduction depleted uranium may be made only from stocks of such munitions or preproduction depleted uranium that the Secretary of Defense certifies to be free of plutonium and other transuranic matter, excluding depleted uranium. SEC. 6. COMPTROLLER GENERAL INVESTIGATION OF PLUTONIUM CONTAMINATION. (a) Investigation.--The Comptroller General of the United States shall conduct a full investigation into the contamination of stocks of depleted uranium munitions with transuranic elements, including plutonium, neptunium, americium, and other forms of uranium. The investigation shall include-- (1) determination of when such contamination occurred; (2) identification of the manufacturing or refining facilities at which such contamination occurred; (3) identification of the quantity, by volume and percentage, of the material by which such contamination occurred; (4) identification of when such contamination was first realized by Department of Defense personnel and when such contamination was brought to the attention of senior Department of Defense management; (5) identification of persons responsible for monitoring the quality of such production; (6) identification of the time when notification of such contamination was made to NATO-member nations; and (7) determination of whether any law or treaty was broken by any such contamination or by any failure to provide timely notice of such contamination to any affected party. (b) Report.--Upon completion of the investigation under subsection (a), the Comptroller General shall submit to the committeed specified in section 4(b)(2) a report on the investigation. SEC. 7. STUDY OF HEALTH EFFECTS OF DEPLETED URANIUM. (a) Study.--The Director of the Agency for Toxic Substances and Disease Registry and the Director of the Center for Disease Control and Prevention shall jointly conduct a comprehensive study of the health effects of exposure to depleted uranium munitions on uranium-exposed veterans and on their children who were born after their respective exposures to uranium. (b) Uranium-Exposed Veterans.--For purposes of this section, the term ``uranium-exposed veteran'' means a member or former member of the Armed Forces who while on active duty handled, came in contact with, or had the likelihood of contact with depleted uranium munitions, including members and former members who while on active duty-- (1) were exposed to smoke from fires resulting from the burning of vehicles uploaded with depleted uranium munitions or fires at depots at which depleted uranium was stored; (2) worked within environments containing depleted uranium dust or residues from depleted uranium fires; (3) were within a structure or vehicle while it was struck by a depleted uranium munition; (4) climbed on or entered equipment or structures struck by depleted uranium; or (5) were medical personnel who provided near-term treatment to members of the Armed Forces described in paragraph (1), (2), (3), or (4). (c) Public Health Assessment.--The Director of the Agency for Toxic Substances and Disease Registry shall conduct a public health assessment of persons who are thought to have an epidemiological link to any United States military installation or facility at which depleted uranium munitions have been or currently are used or any production facility at which depleted uranium or depleted uranium munitions are currently, or have been, produced. (d) Report.--The Directors shall submit to Congress a report on the results of the study under subsection (a) and the assessment under subsection (c). The report shall be submitted not later than two years after the date of the enactment of this Act and shall include the findings of the Directors on the matters covered by the report. The Directors shall include in the report a list of diseases or conditions that are found to exist within the populations specified in subsection (a) and their rate of occurrence compared to the general population. SEC. 8. EPA STUDIES OF ENVIRONMENTAL CONTAMINATION BY DEPLETED URANIUM. (a) List of Locations in United States.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Administrator of the Environmental Protection Agency a list of all sites in the United States where depleted uranium munitions have been used or produced and a site-specific map of each such site. (b) EPA Studies.--After receipt of the list and maps under subsection (a), the Administrator shall, for each site specified on the list, conduct a comprehensive environmental study of the possible contamination of the soil, air, water, and vegetation by depleted uranium at that site. (c) Report.--Not later than two years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the Secretary of Defense and the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Governmental Affairs of the Senate a report-- (1) describing the extent of contamination by depleted uranium at each site studied by the Administrator pursuant to subsection (b); (2) providing site-specific recommendations for the mitigation and cleanup of each such site; and (3) providing general recommendations regarding the cleanup of sites where depleted uranium has been used on foreign lands. SEC. 9. ENVIRONMENTAL MITIGATION AND CLEANUP REQUIREMENTS. (a) Department of Defense Cleanup Plan.--Not later than one year after receiving the report under section 8(c), the Secretary of Defense shall develop a plan for mitigation and cleanup at each site and a prioritized list for such cleanups. The Secretary shall submit a copy of the plan to the Committee on Armed Services and the Committee on Government Reform of the House of Representatives and the Committee on Armed Services and the Committee on Governmental Affairs of the Senate. (b) Report.--The Secretary shall submit a report to those committees and the Administrator of the Environmental Protection Agency each year before commencement of the mitigations and cleanups until those projects are complete. (c) Cleanup.--After filing of such plans, the Secretary shall commence, or contract for, the mitigation and cleanup of each site for which the Administrator of the Environmental Protection Agency has recommended such mitigation and cleanup and in the manner and scope that the Administrator's report specifies. (d) Applicability of NEPA.--Notwithstanding any other provision of law, the cleanup and mitigation required by subsection (c) shall be carried out in a manner consistent with the provisions of the National Environmental Policy Act of 1969, without regard to any exemption to any of the provisions of that Act for the Department of Defense or any element thereof. | Depleted Uranium Munitions Suspension and Study Act of 2001 - Directs the Secretary of Defense and other Federal entities to suspend the use and approval for foreign sale or export of depleted uranium munitions until the Secretary of Health and Human Services certifies to specified congressional committees that studies indicate such munitions will not jeopardize the health of U.S. or NATO military personnel or civilian populations if used in future conflicts.Limits subsequent use, foreign sale, or export to stocks certifiably free of plutonium and other transuranic matter.Directs the Comptroller General to investigate the contamination of stocks of depleted uranium munitions with transuranic elements.Requires the Directors of the Agency for Toxic Substances and Disease Registry and the Center for Disease Control and Prevention to jointly and comprehensively study the health effects of exposure to such weapons on veterans and their children, as well as a public health assessment of persons with an epidemiological link to military installations or production facilities where such munitions have been used or produced. Directs the Administrator of the Environmental Protection Agency to conduct a comprehensive study of possible environmental contamination at these installations or facilities. Requires the Secretary of Defense to: (1) furnish to the Administrator with a list of sites; and (2) develop a plan for their mitigation and cleanup (consistent with the National Environmental Policy Act of 1969). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf of Mexico Red Snapper Conservation Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Coastal waters.--The term ``coastal waters'' means-- (A) all waters, whether salt or fresh, of the Gulf coastal State shoreward of the baseline from which the territorial sea of the United States is measured; and (B) the waters of the Gulf coastal State seaward from the baseline referred to in subparagraph (A) to the inner boundary of the exclusive economic zone 200 mile limit. (2) Commission.--The term ``Commission'' means the Gulf States Marine Fisheries Commission. (3) Fishery management plan.--The term ``fishery management plan'' means a plan for the conservation and management of Gulf of Mexico red snapper prepared and adopted by the Commission pursuant to section 4. (4) Gulf coastal state.--The term ``Gulf coastal State'' means the following States bordering the Gulf of Mexico: (A) Alabama. (B) Florida. (C) Louisiana. (D) Mississippi. (E) Texas. (5) Gulf of mexico red snapper.--The term ``Gulf of Mexico red snapper'' means members of stocks or populations of the species Lutjanis campechanus, which ordinarily are found seaward of the coastal waters. (6) Magnuson-stevens act.--The term ``Magnuson-Stevens Act'' means the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). SEC. 3. TRANSFER OF MANAGEMENT OF GULF OF MEXICO RED SNAPPER. (a) New Fishery Management Plan From Commission.--The Commission shall submit to the Secretary of Commerce a fishery management plan for Gulf of Mexico red snapper adopted by the Commission pursuant to section 4. (b) Actions by Secretary of Commerce.-- (1) Review and certification of plan.--The Secretary of Commerce shall-- (A) review the plan submitted pursuant to subsection (a) to determine whether or not the plan-- (i) includes fishery management measures that are compatible to the extent practicable with the national standards set forth in section 301 of the Magnuson-Stevens Act (16 U.S.C. 1851) and other applicable provisions of the Magnuson-Stevens Act; and (ii) will ensure the long-term conservation of Gulf of Mexico red snapper populations; and (B) certify whether or not the Commission has submitted a fishery management plan to properly conserve and manage Gulf of Mexico red snapper consistent with this Act. (2) Revocation of superseded plan.--Upon receipt of a certification by the Commission under section 4(b)(2) that all of the Gulf coastal States will have sufficient management measures under section 4(b)(1), the Secretary shall publish a notice in the Federal Register revoking those regulations and portions of the Federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that are in conflict with the fishery management plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. (c) State Actions.--Upon certification by the Secretary under subsection (b)(1) that the fishery management plan will properly conserve and manage Gulf of Mexico red snapper consistent with this Act, the Gulf coastal States shall implement all appropriate measures to manage the Gulf of Mexico red snapper resource in the adjacent coastal waters in accordance with the fishery management plan. SEC. 4. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT PLAN. (a) Commission Process.-- (1) In general.--The Commission shall prepare and adopt a fishery management plan to provide for the conservation and management of Gulf of Mexico red snapper and specify the requirements necessary for Gulf coastal States to be in compliance with the plan. (2) Standards and procedures.--Not later than one year after the date of the enactment of this Act, the Commission shall establish standards and procedures for the preparation of the fishery management plan, including standards and procedures to ensure-- (A) the long-term sustainability of Gulf of Mexico red snapper based on the available science; and (B) adequate opportunity for public participation in the preparation of the fishery management plan, including at least four public hearings and procedures for the submittal to the Commission of written comments on the fishery management plan. (3) Limitation on reduction in quotas.-- (A) In general.--Except as provided in subparagraph (B), the fishery management plan may not reduce the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing on the date of the enactment of this Act until the date that is 3 years after such date of enactment. Such plan may increase such a quota based on stock assessments. (B) Exception in case of a reduction in stock.--In the event of a reduction in the stock of Gulf of Mexico red snapper, the fishery management plan shall reduce the quota described in subparagraph (A) in a manner that ensures a sustainable harvest of Gulf of Mexico red snapper. (b) State Implementation and Enforcement.-- (1) Submittal of management measures.--Each Gulf coastal State shall submit to the Commission management measures to ensure compliance with the conservation objectives of the fishery management plan. (2) Implementation.--Upon certification by the Commission that all Gulf coastal States have submitted sufficient management measures described in paragraph (1), the Commission shall certify to the Secretary of Commerce under section 3(b)(2) to revoke Federal management of Gulf of Mexico red snapper, and the Gulf coastal States shall manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. SEC. 5. MONITORING OF IMPLEMENTATION AND ENFORCEMENT OF GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT PLAN BY GULF COASTAL STATES. (a) Determination.--In December each year, and at any other time it considers appropriate, the Commission shall determine-- (1) whether each Gulf coastal State has adopted all regulatory measures to fully implement the fishery management plan; and (2) whether the enforcement of the fishery management plan by each Gulf coastal State is satisfactory to maintain the long-term sustainability and abundance of Gulf of Mexico red snapper. (b) Satisfactory State Enforcement.--For purposes of subsection (a)(2), enforcement by a Gulf coastal State shall not be considered satisfactory by the Commission if, in its view, such enforcement is being carried out in such a manner that the implementation of the fishery management plan within the coastal waters of the Gulf coastal State is being, or will likely be, substantially and adversely affected. (c) Notice to Secretary of Commerce of Adverse Determination.--The Commission shall immediately notify the Secretary of Commerce of each negative determination made with respect to a Gulf coastal State under subsection (a). SEC. 6. GULF OF MEXICO RED SNAPPER FISHERY MANAGEMENT REVIEW. (a) Commission Review and Report on Certification on Certain State Actions.-- (1) Commission review of state certification.--Each Gulf coastal State that manages Gulf of Mexico red snapper shall submit to the Commission a certification as follows: (A) If Gulf of Mexico red snapper is undergoing overfishing or subject to a rebuilding plan, that such Gulf coastal State shall implement immediately the necessary measures to end overfishing and rebuild the fishery. (B) That such Gulf coastal State shall implement a program to provide for data collection adequate to monitor the harvest of Gulf of Mexico red snapper by such Gulf coastal State. (2) Report to secretary.--Upon the review of each certification submitted to the Commission under paragraph (1), the Commission shall certify to the Secretary of Commerce whether or not the Gulf coastal State concerned is fully carrying out the matters covered by the certification. (b) Action by Secretary of Commerce.--Upon receipt by the Secretary of Commerce of a notice under section 5(c) or a report under subsection (a)(2) that a Gulf Coastal State is not fully complying with the matters specified in subsection (a)(1) as certified by that State pursuant to subsection (a)(1), the Secretary may declare a closure of the Gulf of Mexico red snapper fishery within the Federal waters adjacent to the Gulf coastal State. In making such a declaration the Secretary shall fully consider and review the comments of the Gulf coastal State and the Commission. (c) Actions Prohibited During Closure.--During a closure of the Gulf of Mexico red snapper fishery under subsection (b), it is unlawful for any person-- (1) to engage in fishing for Gulf of Mexico red snapper within the Federal waters adjacent to the Gulf coastal State covered by the closure; (2) to land, or attempt to land, the Gulf of Mexico red snapper that is subject to the closure; or (3) to fail to return to the water the Gulf of Mexico red snapper to which the closure applies that are caught incidental to commercial harvest or in other recreational fisheries. SEC. 7. IMPROVED STUDIES AND DATA COLLECTION FOR GULF OF MEXICO RED SNAPPER. (a) In General.--For the purposes of carrying out this Act, the Secretary of Commerce shall support the Gulf coastal States and the Commission in developing and implementing a comprehensive study on Gulf of Mexico Red Snapper. This study shall include, but shall not be limited to, the following: (1) Annual stock assessments of Gulf of Mexico red snapper. (2) The number of participants, both commercial and recreational, in the coastal waters of the Gulf coastal States that harvest Gulf of Mexico red snapper. (3) Recommendations for improved conservation and management of Gulf of Mexico red snapper. (b) Comprehensive Economic Analysis.--The Secretary of Commerce shall, in consultation with the Gulf coastal States and the Commission, conduct a comprehensive study and analysis of the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. The study shall include the following: (1) A thorough analysis of the beneficial economic impacts of industries directly related to the Gulf of Mexico red snapper fishery, including, but not limited to, boat sales, marina activity, boat construction and repair, fishing gear and tackle sales, and other closely associated industries. (2) A proper economic analysis of the downstream economic impacts of the Gulf of Mexico red snapper fishery on the economies of the Gulf coastal States, including, but not limited to, hotels, restaurants, grocery stores, related tourism, and other peripheral businesses and industries. (c) Biennial Reports.--The Secretary of Commerce shall submit to Congress, the Gulf coastal States, and the Commission on a biennial basis a report on the progress and findings of studies conducted under subsections (a) and (b), and shall make each report available to the public. Each report shall, to the extent practicable, include recommendations on additional actions to be taken to encourage the sustainable conservation and management of the Gulf of Mexico red snapper fishery. | Gulf of Mexico Red Snapper Conservation Act of 2013 - Directs the Gulf States Marine Fisheries Commission to prepare, adopt, and submit to the Secretary of Commerce a fishery management plan providing for the conservation and management of Gulf of Mexico red snapper and specifying the requirements necessary for Gulf coastal states (Alabama, Florida, Louisiana, Mississippi, and Texas) to comply with such plan. Requires the Commission to ensure an opportunity for public participation in the preparation of the plan. Prohibits such plan, for a three-year period, from reducing the overall quota of Gulf of Mexico red snapper apportioned to commercial fishing, except in the event of a reduction in stock in which case the quota shall be reduced to ensure a sustainable harvest. Permits an increase in quota based on stock assessments. Directs the Secretary to determine whether the plan includes fishery management measures compatible with the national standards in the Magnuson-Stevens Fishery Conservation and Management Act and to certify whether the plan properly conserves and manages Gulf of Mexico red snapper. Requires each Gulf coastal state to submit to the Commission appropriate management measures to ensure compliance with the conservation objectives of the fishery management plan. Directs the Commission, upon certifying that the states have submitted sufficient measures, to certify to the Secretary to revoke federal management of Gulf of Mexico red snapper. Directs the states to manage the Gulf of Mexico red snapper in the adjacent coastal waters consistent with the fishery management plan. Directs the Secretary, upon receiving the management measures certification from the Commission, to publish notice in the Federal Register revoking regulations and portions of the federal fishery management plan for the Reef Fish Resources of the Gulf of Mexico that conflict with the plan for Gulf of Mexico red snapper, including the deletion of the species from the management unit. Directs the Commission to determine at least annually whether state enforcement is satisfactory and to notify the Secretary of each negative determination. Authorizes the Secretary to close the fishery within federal waters adjacent to such a state upon receiving notice of a negative determination or a report that the state has not implemented any necessary measures to end overfishing, rebuild fisheries, or provide for data collection to monitor harvests. Directs the Secretary to report biennially to Congress on the economic impacts and benefits for the local, regional, and national economy of the Gulf of Mexico red snapper fishery. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gun Show Accountability Act''. extension of brady background checks to gun shows Sec. 2. (a) Findings.--Congress finds that-- (1) more than 4,400 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (8) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (9) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (10) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Gun Show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which-- ``(i) not less than 20 percent of the exhibitors are firearm exhibitors; ``(ii) there are not less than 10 firearm exhibitors; or ``(iii) 50 or more firearms are offered for sale, transfer, or exchange. ``(36) Gun Show Promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(37) Gun Show Vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Secretary in accordance with regulations promulgated by the Secretary; and ``(2) pays a registration fee, in an amount determined by the Secretary. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(1)) of the vendor containing a photograph of the vendor; ``(2) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; and ``(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe; ``(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Secretary shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(3) Absence of recordkeeping requirement.--Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed vendor. ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirements of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Secretary may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Secretary; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(A) shall be on a form specified by the Secretary by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Secretary; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(1) shall be in a form specified by the Secretary by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (c)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction'-- ``(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and ``(2) does not include the mere exhibition of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 931(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 931(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (c) or (f) of section 931 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who knowingly violates any provision of section 931-- ``(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``931. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''. (d) Inspection Authority.--Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Secretary may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 931 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (e) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (f) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924 of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (g) Gun Owner Privacy and Prevention of Fraud and Abuse of System Information.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``as soon as possible, consistent with the responsibility of the Attorney General under section 103(h) of the Brady Handgun Violence Prevention Act, to ensure the privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer'' before the period. (h) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. | Gun Show Accountability Act - Amends the Brady Handgun Violence Prevention Act to prohibit any person from organizing, planning, promoting, or operating a gun show without: (1) registering with the Secretary of the Treasury and paying a registration fee; (2) first verifying the identity of each show vendor participating by examining a valid identification document containing a photograph of the vendor; (3) first requiring each vendor to sign a ledger with identifying information and a notice advising the vendor of his or her obligations; (4) notifying each attendee of requirements under the Act; and (5) maintaining a copy of the records described above at the permanent place of business of the show promoter for such period of time and in such form as the Secretary shall require. Sets forth provisions regarding: (1) responsibilities of transferors and transferees other than licensees, including criminal background check requirements; and (2) records of licensee transfers. Sets penalties for violations of this Act. Authorizes the Secretary to enter during business hours the place of business of any show promoter and any place where a show is held for purposes of examining required records and the inventory of licensees conducting business at the show, without a showing of reasonable cause or a warrant. Increases penalties for: (1) serious recordkeeping violations by licensees; and (2) violations of criminal background check requirements. Amends the Brady Act to require the national instant criminal background check system, if receipt of a firearm would not violate the Act or State law, to destroy records of the system relating to the call and to the person or transfer (current law) as soon as possible but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Housing Programs Extension Act of 1994''. SEC. 2. HOUSING ASSISTANCE. (a) Expiring Section 8 Contracts.-- (1) Requirement.--Subject only to the availability of budget authority to carry out this section, not later than October 1, 1995, the Secretary of Housing and Urban Development shall make an offer to the owner of each housing project assisted under an expiring contract to extend the term of the expiring contract for 24 months beyond the date of the expiration of the contract. (2) Terms of extension.--Except for terms or conditions relating to the duration of the contract, the terms and conditions under the extension provided pursuant to this subsection of any expiring contract shall be identical to the terms and conditions under the expiring contract. (3) Definition of expiring contract.--For purposes of this subsection, the term ``expiring contract'' means a contract for assistance pursuant to section 8(b)(2) of the United States Housing Act of 1937 (as such section existed before October 1, 1983) having a term that expires before October 1, 1996. (4) Displacement assistance.--The Secretary of Housing and Urban Development may make available to tenants residing in units covered by an expiring contract that is not extended pursuant to this subsection either-- (A) tenant-based assistance under section 8 of the United States Housing Act of 1937; or (B) a unit with respect to which project-based assistance is provided under section 8 of the United States Housing Act of 1937. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (b) Determination of Median Income.--Section 3(b)(2) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(2)) is amended-- (1) in the fourth sentence-- (A) by striking ``County'' and inserting ``and Rockland Counties''; and (B) by inserting ``each'' before ``such county''; and (2) in the last sentence-- (A) by striking ``County'' the first place it appears and inserting ``or Rockland Counties''; and (B) by striking ``County'' the second place it appears and inserting ``and Rockland Counties''. (c) Eligible Uses of Emergency Modernization Funds.--Section 14(k)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437l(k)(1)) is amended-- (1) in the first sentence, by striking ``$75,000,000'' and inserting ``$50,000,000''; and (2) by adding at the end the following new sentences: ``Of the amounts reserved each year under this paragraph, the Secretary shall make available to the Inspector General of the Department of Housing and Urban Development not more than $5,000,000 for costs in connection with efforts to combat violent crime in public housing. Using amounts made available pursuant to the preceding sentence during fiscal year 1995, the Secretary shall provide amounts in such fiscal year for the continuation of the drug elimination activities under Project Nos. IA05PO98003004 and IA05DEP0980193.''. (d) Low-Income Housing Preservation and Resident Homeownership Act.-- (1) Acquisition grants.--Section 234(b) of the Housing and Community Development Act of 1987 (12 U.S.C. 4124(b)) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (2) Technical assistance and capacity building.--Section 257 of the Housing and Community Development Act of 1987 (12 U.S.C. 4147) is amended by striking ``1993,'' and all that follows through ``1994,'' and inserting ``1995''. (e) Use of Section 236 Rental Assistance Fund Amounts for Flexible Subsidies.--Section 236(f)(3) of the National Housing Act (12 U.S.C. 1715z-1(f)(3)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (f) Housing Counseling.-- (1) Emergency homeownership counseling.--Section 106(c)(9) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(c)(9)) is amended by striking ``September 30, 1994'' and inserting ``September 30, 1995''. (2) Prepurchase and foreclosure prevention counseling demonstration.--Section 106(d)(13) of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701x(d)(13)) is amended by striking ``fiscal year 1994'' and inserting ``fiscal year 1995''. (g) Major Reconstruction of Public Housing for Disabled Families.-- Section 5(j)(2)(G)(i) of the United States Housing Act of 1937 (42 U.S.C. 1437e(j)(2)(G)(i)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. (h) National Homeownership Fund.--Section 172 of the bill, H.R. 3838 (103d Congress), as passed by the House of Representatives on July 22, 1994, is hereby enacted into law. (i) Treatment of Certain Projects.-- (1) Conversion of section 23 project.--From amounts available for the conversion of the Tamaqua Highrise project in the Borough of Tamaqua, Pennsylvania, from a leased housing contract under section 23 of the United States Housing Act of 1937 to tenant-based assistance under section 8 of such Act, the Secretary of Housing and Urban Development shall, to the extent such amounts are made available in appropriation Acts, enter into an obligation for the conversion of the project to a project-based rental assistance contract under section 8 of such Act, notwithstanding the requirement for rehabilitation or the percentage limitations under section 8(d)(2) of such Act. (2) Compliance with rehabilitation requirement.-- Rehabilitation activities undertaken by E.T.C. Enterprises in connection with 16 scattered-site dwelling units that were rehabilitated to provide housing for low-income families and are located in Perth Amboy, New Jersey, and rehabilitation activities undertaken by Pennrose Properties in connection with 40 dwelling units for senior citizens in the Providence Square development located in New Brunswick, New Jersey, are hereby deemed to have been conducted pursuant to the approval of and an agreement with the Secretary of Housing and Urban Development under clauses (i) and (ii) of the third sentence of section 8(d)(2)(A) of the United States Housing Act of 1937. (3) Eligibility of public housing for demolition.--Section 415 of the Department of Housing and Urban Development-- Independent Agencies Appropriations Act, 1988 (Public Law 100- 202; 101 Stat. 1329-213), is amended by striking ``George Loving Place, at 3320 Rupert Street, Edgar Ward Place, at 3901 Holystone, Elmer Scott Place, at 2600 Morris, in Dallas, Texas, or''. (4) Section 23 conversion.-- (A) Authorization.--Notwithstanding contracts entered into pursuant to section 14(b) of the United States Housing Act of 1937, the Secretary is authorized to enter into obligations for the conversion of the Pine Tower Apartments in Bay City, Michigan, from a leased housing contract under section 23 of such Act to a project-based rental assistance contract under section 8 of such Act. (B) Repayment required.--The authorization made in subparagraph (A) is conditioned on the repayment to the Secretary of all amounts received by the public housing agency under the comprehensive improvement assistance program under section 14 of the United States Housing Act of 1937 for the Pine Tower Apartment project and the amounts, as determined by the Secretary, received by the public housing agency under the formula in section 14(k) of such Act by reason of the project. SEC. 3. RURAL HOUSING. (a) Underserved Areas Set-Aside.--Section 509(f)(4)(A) of the Housing Act of 1949 (42 U.S.C. 1479(f)(4)(A)) is amended-- (1) in the first sentence, by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''; and (2) in the second sentence, by striking ``each''. (b) Rural Multifamily Rental Housing.--Section 515(b) of the Housing Act of 1949 (42 U.S.C. 1485(b)) is amended-- (1) by striking paragraphs (2) and (4); (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (1) the following new paragraphs: ``(2) such a loan may be made for a period of up to 50 years from the making of the loan; ``(3) the terms and conditions of such a loan shall provide for periodic payments, during the term of the loan, based upon a schedule for complete amortization of the loan over a 50-year period and for payment of any outstanding amounts due under the loan not later than the expiration of the term of the loan;''. (c) Rural Rental Housing Funds for Nonprofit Entities.--The first sentence of section 515(w)(1) of the Housing Act of 1949 (42 U.S.C. 1485(w)(1)) is amended by striking ``fiscal years 1993 and 1994'' and inserting ``fiscal year 1995''. (d) Loan Guarantees for Rural Multifamily Rental Housing Loans.-- Section 517 of the bill, H.R. 3838 (103d Congress), as passed by the House of Representatives on July 22, 1994, is hereby enacted into law. (e) Eligibility of Area for Rural Homeownership Loans.--Section 502 of the Housing Act of 1949 (42 U.S.C. 1472) is amended by adding at the end the following new subsection: ``(i) Notwithstanding section 520, the Secretary may make loans under this section for properties in the Pine View West Subdivision, located in Gibsonville, North Carolina, in the same manner as provided under this section for properties in rural areas.''. (f) Definition of Rural Area.--The last sentence of section 520 of the Housing Act of 1949 (42 U.S.C. 1490) is amended by striking ``city of'' and inserting ``cities of South Tucson, Arizona, and''. SEC. 4. MORTGAGE INSURANCE AND SECONDARY MORTGAGE MARKET PROGRAMS. (a) Multifamily Housing Finance.--Section 542(b)(5) of the Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by striking ``and 1994'' and inserting ``, 1994, and 1995''. (b) Assessment Collection Dates for Office of Federal Housing Enterprise Oversight.--Section 1316(b) of the Housing and Community Development Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2) and inserting the following new paragraph: ``(2) Timing of payment.--The annual assessment shall be payable in installments on October 1 and April 1 of each fiscal year.''. SEC. 5. COMMUNITY DEVELOPMENT. (a) Certain CDBG Assistance.--Section 916(f) of the Cranston- Gonzalez National Affordable Housing Act (42 U.S.C. 5306 note) is amended by striking ``Act shall apply only with respect to fiscal years 1991, 1992, 1993, and 1994'' and inserting ``section shall not apply to fiscal years after fiscal year 1995''. (b) CDBG Public Services Limitations.--Section 105(a)(8) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)(8)) is amended-- (1) by striking ``and'' after ``under this paragraph,''; (2) by striking ``fiscal year 1994'' and inserting ``fiscal years 1994 and 1995''; and (3) by inserting before the semicolon at the end the following: ``, and except that of any amount of assistance under this title (including program income) to the Cities of Fairfield, Vallejo, Napa, and Vacaville, in California, such cities may use not more than 20 percent in fiscal year 1995 for activities under this paragraph''; (c) Use of Grant Amounts.-- (1) Pittsburgh, pennsylvania.--Notwithstanding any other provision of law, the city of Pittsburgh, Pennsylvania, may retain any amounts provided under an urban development action grant for Project No. B-86-AA-42-0275 and use such funds for the Central Pittsburgh Plaza project, if such project is commenced not later than 6 months after the date of the enactment of this Act. (2) Wilkes-barre, pennsylvania.--Notwithstanding any other provision of law, the city of Wilkes-Barre, Pennsylvania, may retain any amounts provided under an urban development action grant for Project No. B-87-AA-42-1211 and use such funds for the Northeastern Pennsylvania Economic Development project, if such project is commenced not later than 6 months after the date of enactment of this Act. (3) Richmond, virginia.--The Secretary of Housing and Urban Development shall cancel the indebtedness of the city of Richmond, Virginia, relating to the categorical program settlement grant provided to the city to settle four urban renewal programs (Project No. B-78-UR-51-0019). The city of Richmond, Virginia, is hereby relieved of all liability to the Federal Government for such grant and any fees and charges payable in connection with such grant. (4) Lockport township, illinois.--The Secretary of Housing and Urban Development shall cancel the indebtedness of Lockport Township, Illinois, relating to the public facilities loan for Project No. ILL-11-PFL0112. Lockport Township, Illinois, is hereby relieved of all liability to the Federal Government for the outstanding principal balance on such loan, the amount of accrued interest on such loan, and any other fees and charges payable in connection with such loan. (5) Budget compliance.--Paragraphs (3) and (4) of this subsection shall be effective only to the extent, or in such amounts, as are provided in appropriation Acts. (d) New Towns Demonstration Program.-- (1) Insurance authority.--The first sentence of section 1104(d) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``To the extent provided in appropriation Acts, the Secretary shall use any authority provided pursuant to section 531(b) of the National Housing Act to enter into commitments to insure loans and mortgages under this section in fiscal year 1995 with an aggregate principal amount not exceeding such sums as may be necessary to carry out the demonstration under this title.''. (2) Second mortgage assistance.--Section 1105(e) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``(5) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1995 such sums as may be necessary for providing assistance under this section.''. (3) Community development assistance.--Section 1106(h) of the Housing and Community Development Act of 1992 (42 U.S.C. 5318 note) is amended to read as follows: ``(8) Authorization of appropriations.--There are authorized to be appropriated for fiscal year 1995 such sums as may be necessary for assistance under this section.''. (e) Economic Development Grants.--Section 108(q) of the Housing and Community Development Act of 1974 is amended by adding at the end the following new paragraph: ``(5) Authorization of appropriations.--Using any amounts appropriated for grants under this subsection for fiscal year 1995, the Secretary shall make a grant in the amount of $3,650,000 in such fiscal year to the Earth Conservancy in Luzerne County, Pennsylvania, which shall be used for carrying out a demonstration of using innovative environmental technologies to reclaim land used for community and economic development purposes that has been damaged by anthracite coal mining activities.''. SEC. 6. MISCELLANEOUS PROVISIONS. (a) State Agencies as Sureties.--Section 9304 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(c) State Agencies.--A State agency, including any financing authority established by any State, which meets the requirements of paragraphs (2) and (3) of subsection (a) may be treated as a surety corporation for purposes of this chapter. Notwithstanding any other provision of law, user fees collected by the Financial Management Services incident to sections 9304 through 9309 of this title shall be credited to the appropriation of that agency and may be retained without fiscal year limitation to carry out the provisions of such sections.''. (b) Clarification of Effective Date for Amendment Relating to Commercial Mortgage Related Securities.--Section 347(d) of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103-325; 108 Stat. 2241) is amended to read as follows: ``(d) Effective Date.-- ``(1) In general.--Except as provided in paragraph (2), the amendment made by subsection (a) shall take effect as of the date of the enactment of the Housing Programs Extension Act of 1994. ``(2) National and insured state banks.--The amendment made by subsection (a) shall not apply with respect to national banks or, in accordance with section 24 of the Federal Deposit Insurance Act, insured State banks before the effective date of final regulations prescribed by the Comptroller of the Currency pursuant to subsection (c).''. Passed the House of Representatives October 7, 1994. Attest: DONNALD K. ANDERSON, Clerk. | Housing Programs Extension Act of 1994 - Directs the Secretary of Housing and Urban Development to offer owners 24-month extensions of expiring section 8 assistance contracts. Authorizes tenant displacement assistance in cases of unextended contracts. Authorizes appropriations. Amends the United States Housing Act of 1937 to: (1) include Rockland County, New York, as a special median income area; (2) reduce disaster and emergency modernization funding set-asides; and (3) set aside specified modernization funds for anti-crime activities. Amends the Housing and Community Development Act of 1987 to extend set-aside grant authority through FY 1995 for low-income housing preservation and homeownership acquisition grants and technical assistance and capacity building. Amends the National Housing Act to authorize appropriations through FY 1995 for the flexible subsidy program. Amends the Housing and Urban Development Act of 1968 to authorize appropriations through FY 1995 for specified housing counseling services. Amends the United States Housing Act of 1937 to extend set-aside authority through FY 1995 for public housing reconstruction for disabled families. Provides for: (1) assistance conversion of certain projects in Michigan and Pennsylvania; (2) rehabilitation compliance for certain projects in New Jersey; and (3) eligibility of certain public housing for demolition in Texas. (Sec. 3) Amends the Housing Act of 1949 with regard to rural housing to: (1) extend the underserved area set-aside through FY 1995; (2) eliminate the termination date for the multifamily housing loan insurance program, and make such loan available for a 50-year period; (3) extend the set-aside through FY 1995 for rental housing funds for nonprofit entities; (4) make certain properties in North Carolina eligible for rural homeownership loans; and (5) consider South Tucson, Arizona, a rural area. (Sec. 4) Amends the Housing and Community Development Act of 1992 to extend the multifamily housing mortgage risk-sharing program through FY 1995. (Sec. 5) Amends the Cranston-Gonzalez National Affordable Housing Act to extend through FY 1995 community development block grant (CDBG) set-asides for colonias. Amends the Housing and Community Development Act of 1994 to: (1) extend through FY 1995 CDBG public services limitations; and (2) provide certain cities in California with a 20 percent CDBG public services use limit. Authorizes Pittsburgh and Wilkes-Barre, Pennsylvania, to retain and use certain urban development action grant funds. Directs the Secretary to cancel certain housing and related debts for Richmond, Virginia, and Lockport Township, Illinois. Amends the Housing and Community Development Act of 1992 to extend through FY 1995 insurance authority and authorization of appropriations (including mortgage and community development assistance) for the New Towns Demonstration Program for Los Angeles, California. Amends the Housing and Community Development Act of 1974 to authorize appropriations for the Earth Conservancy in Luzerne County, Pennsylvania, to reclaim coal mining-damaged land. (Sec. 6) Amends Federal law to permit qualifying State agencies to be treated as sureties. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safety Net Extension Act''. TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION SEC. 101. PROGRAM EXTENSION. Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (26 U.S.C. 3304 note) is amended-- (1) in subsection (a), by striking ``June 1'' and inserting ``November 30''; and (2) in subsection (b)-- (A) by striking ``May 31'' each place it appears and inserting ``November 29''; and (B) in paragraph (3), by striking ``August 30, 2003'' and inserting ``February 28, 2004''. SEC. 102. ADDITIONAL WEEKS OF BENEFITS. (a) In General.--Section 203 of the Temporary Extended Unemployment Compensation Act of 2002 is amended by adding at the end the following: ``(d) Additional Weeks of Benefits.--Notwithstanding any other provision of this section, upon the exhaustion of all amounts that may be credited to an individual's account under the preceding provisions of this section, such account shall be increased by an amount equal to 8 times the individual's average weekly benefit amount for the benefit year (as determined under subsection (b)(2)).''.st (b) Effective Date and Applicability.--The amendment made by subsection (a)-- (1) shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002, and shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act, but (2) shall not apply in the case of any individual whose eligibility for additional weeks of benefits would be based on an exhaustion of amounts (as required under such amendment) occurring on or after the date of the enactment of this Act. TITLE II--FEDERAL UNEMPLOYMENT BENEFIT SYSTEM REFORMS SEC. 201. EXTENDED BENEFITS TRIGGER. (a) In General.--Section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B) of paragraph (1), by striking ``5 per centum'' and inserting ``4 per centum'', and (2) in the first flush sentence following paragraph (2), by striking ``5'' and inserting ``4''. (b) Effective Date.--The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the date of the enactment of this Act. SEC. 202. INCREASE AND DECREASE IN EARNINGS CREDITED TO STATE ACCOUNTS WHEN STATES MEET OR FAIL TO MEET FUNDING GOALS. (a) In General.--Section 904 of the Social Security Act (42 U.S.C. 1104) is amended by adding at the end the following new subsection: ``Increase and Decrease in Amount of Earnings Allocated to State Accounts When States Meet or Fail to Meet Funding Goals ``(h)(1) If the average daily balance in a State account in the Unemployment Trust Fund for any calendar quarter exceeds the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be increased by the interest premium on such excess. If the average daily balance in such a State account for any calendar quarter is less than the funding goal of such State, the amount otherwise creditable to such account under subsection (e) for such quarter shall be decreased by the interest penalty. ``(2) Paragraph (1) shall not apply with respect to any interest premium or interest penalty to the extent that such application would result in an increase or decrease of more than $2,500,000 in the amount creditable to any State account for any calendar quarter. ``(3) For purposes of this subsection, the term `interest premium' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, one-half of one percent of the amount of such excess, and ``(B) with respect to each other State, the product of-- ``(i) the amount of the excess of the average daily balance in the State account in the Unemployment Trust Fund over the funding goal of such State, and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of such excess, bears to ``(II) the percentage value of the excess of the State referred to in subparagraph (A). The Secretary shall make appropriate adjustments in the interest premium for any calendar quarter if the aggregate interest premiums payable for such quarter exceed the aggregate interest penalties for such quarter. ``(4) For purposes of this subsection, the term `interest penalty' means, for any calendar quarter-- ``(A) with respect to the State with the largest percentage value of excess of the funding goal of such State over the average daily balance in the State account in the Unemployment Trust Fund, one-half of one percent of the amount otherwise creditable to such account under subsection (e), and ``(B) with respect to each other State, the product of-- ``(i) the amount otherwise creditable to such account under subsection (e), and ``(ii) the percentage which bears the same ratio to one-half of one percent as-- ``(I) the percentage value of the excess of the funding goal of the State over such average daily balance of such State, bears to ``(II) the percentage value of such excess of the State referred to in subparagraph (A). ``(5) For purposes of this subsection, the term `funding goal' means, for any State for any calendar quarter, the average of the unemployment insurance benefits paid by such State during each of the 3 years, in the 20-year period ending with the calendar year containing such calendar quarter, during which the State paid the greatest amount of unemployment benefits. ``(6) For purposes of this subsection, the term `percentage value' means-- ``(A) with respect to any excess of the average daily balance in a State account in the Unemployment Trust Fund over the funding goal of such State, the percentage which such excess bears to such funding goal, and ``(B) with respect to any excess of such funding goal over such average daily balance, the percentage which such excess bears to such funding goal.''. (b) Conforming Amendments.-- (1) Amounts credited to state accounts.--Subsection (e) of section 904 of the Social Security Act (42 U.S.C. 1104(e)) is amended in the first sentence by inserting ``(as modified by subsection (h))'' after ``a proportionate part''. (2) Interest rate on repayment of advances determined without regard to interest premiums or penalties on amounts credited to state accounts.--Subparagraph (A) of section 1202(b)(4) of such Act (42 U.S.C. 1322(b)(4)) is amended by inserting ``(determined without regard to section 904(h))'' after ``preceding calendar year''. (c) Report.--Not later than 6 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report recommending sources of funding for the crediting of interest premiums under subsection (h) of section 904 of the Social Security Act (42 U.S.C. 1104), as added by this section, in the event that the imposition of interest penalties under such subsection is insufficient to fund such premiums. (d) Effective Date.--The amendments made by this section shall apply to calendar years beginning after December 31, 2006. SEC. 203. INTEREST-FREE ADVANCES TO STATE ACCOUNTS IN UNEMPLOYMENT TRUST FUND RESTRICTED TO STATES WHICH MEET FUNDING GOALS. (a) In General.--Subparagraph (C) of section 1202(b)(2) of the Social Security Act (42 U.S.C. 1322(b)(2)) is amended to read as follows: ``(C) the average daily balance in the account of such State in the Unemployment Trust Fund for each of 4 of the 5 calendar quarters preceding the calendar quarter in which such advances were made exceeds the funding goal of such State (as defined in section 904(h)).'' (b) Effective Date.--The amendment made by subsection (a) shall apply to calendar years beginning after the date of the enactment of this Act. TITLE III--AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 SECTION 301. 2-YEAR SUSPENSION OF TAX ON UNEMPLOYMENT COMPENSATION. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(c) Moratorium.--This section shall not apply to taxable years beginning in 2003 or 2004.''. (b) Effective Date.--The amendment made by this section shall take apply to taxable years beginning after December 31, 2002. SEC. 302. STATE COLLECTION OF FEDERAL UNEMPLOYMENT TAX. (a) In General.--Chapter 23 of the Internal Revenue Code of 1986 (relating to Federal Unemployment Tax Act) is amended by redesignating section 3311 as section 3312 and by inserting after section 3310 the following new section: ``SEC. 3311. STATE COLLECTION OF TAX. ``(a) In General.--At the election of any State which is certified as provided in section 3304, each employer who pays contributions, with respect to any wages, into an unemployment fund maintained under the unemployment compensation law of such State shall submit the tax imposed by this chapter with respect to such wages to such State rather than to the Secretary. ``(b) Coordination With Depositary Requirements.--Payment under subsection (a) of the tax imposed by this chapter with respect to any wages shall be treated as timely paid for purposes of this title if paid by the employer to the State at the same time as a timely paid payment, with respect to such wages, of contributions into an unemployment fund maintained under the unemployment compensation law of such State. ``(c) Exception for Payments Not Timely Paid.--Subsection (a) shall not apply to any payment of the tax imposed by this chapter which is not paid by an employer on or before the last date on which such payment would be treated as timely paid under subsection (b). ``(d) Federal Tax Transferred to Secretary.--Each State making an election under subsection (a) shall transmit to the Secretary, at the time and in the manner prescribed by the Secretary, the amount of the tax imposed by this chapter which is submitted to such State under subsection (a) and a copy of the State tax return of each employer making such a submission. The Secretary may, after consultation with such organizations or other entities as the Secretary considers appropriate, prescribe regulations requiring that additional information be submitted by such State with respect to the amount of such tax payable by such employer.'' (b) Clerical Amendment.--The table of sections for chapter 23 of such Code is amended by striking the item relating to section 3311 and inserting the following new items: ``Sec. 3311. State collection of tax. ``Sec. 3312. Short title.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2003. SEC. 303. REQUIRED DISTRIBUTION OF STATE-SPECIFIC INFORMATION PACKETS. (a) In General.--Subsection (a) of section 3304 of the Internal Revenue Code of 1986 (relating to approval of State laws) is amended by striking ``and'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``; and'', and by adding at the end the following new paragraph: ``(20) the State will distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to certifications of States for 2003, except that section 3304(a)(20) of such Code, as added by subsection (a), shall not be a requirement for the State law of any State prior to July 1, 2004, if the legislature of such State does not meet in a regular session which closes during the calendar year 2003. TITLE IV--TRADE ADJUSTMENT ASSISTANCE PROVISIONS SEC. 401. AUTHORIZATION OF APPROPRIATIONS. (a) Adjustment Assistance for Workers.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``September 30, 2007'' and inserting ``September 30, 2009''. (b) Adjustment Assistance for Firms.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``2007'' and inserting ``2009''. (c) Adjustment Assistance for Farmers.--Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) is amended by striking ``2007'' and inserting ``2009''. SEC. 402. DELEGATION OF FUNCTIONS, POWERS, AND DUTIES TO CARRY OUT THE ADJUSTMENT ASSISTANCE FOR FIRMS PROGRAM. (a) Delegation.--Section 256 of the Trade Act of 1974 (19 U.S.C. 2346) is amended-- (1) by redesignating subsections (a) through (c) as subsections (b) through (d), respectively; (2) by inserting before subsection (b) (as redesignated) the following: ``(a) Except as provided in subsection (b), the Secretary shall delegate all functions, powers, and duties of the Secretary under this chapter to the International Trade Administration.''; and (3) in the heading, by striking ``to small business administration''. (b) Conforming Amendment.--The table of contents of the Trade Act of 1974 is amended in the item relating to section 256 to read as follows: ``Sec. 256. Delegation of functions; authorization of appropriations.''. (c) Effective Date.--The amendments made by this section shall take effect beginning 60 days after the date of the enactment of this Act. | Safety Net Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUCA program through November 30, 2003, with a phaseout period through February 28, 2004; and (2) provide eight additional weeks of TEUC benefits to those who have exhausted theirs before enactment of this Act. Amends the Federal-State Extended Unemployment Compensation Act of 1970 to revise the formula for the extended benefits trigger. Amends the Social Security Act to require: (1) increases and decreases in the earnings allocated to State accounts when States meet or fail to meet funding goals; and (2) interest-free advances to State accounts in the Unemployment Trust Fund to be restricted to States which meet funding goals. Amends the Internal Revenue Code to: (1) suspend the tax on individual unemployment compensation for 2003 and 2004; (2) allow certified States to elect to collect Federal unemployment taxes, under the Federal Unemployment Tax Act (FUTA); and (3) require States to distribute to unemployed individuals State-specific information packets explaining unemployment insurance eligibility conditions. Amends the Trade Act of 1974 to: (1) extend the authorizations of appropriations for adjustment assistance for workers, for firms, and for farmers; and (2) require delegation to the International Trade Administration of all functions, powers, and duties to carry out the program of adjustment assistance for firms (with the exception of such program for small firms, which continues to be delegated to the Small Business Administration). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshore Fairness Act''. SEC. 2. DEFINITIONS. In this Act: (1) Coast line.--The term ``coast line'' means the line of ordinary low water along the portion of the coast which is in direct contact with the open sea and the line marking the seaward limit of inland waters, as in existence on the day that is 1 day before the date of enactment of this Act (2) Existing interest.--The term ``existing interest'' means any lease, easement, right of use, or right-of-way on, or for any natural resources or minerals, underlying, expanded submerged land that is in existence on the date of conveyance of the expanded submerged land. (3) Expanded seaward boundary.--The term ``expanded seaward boundary'' means the boundary of a State that is 3 marine leagues seaward of the coast line of the State. (4) Expanded submerged land.--The term ``expanded submerged land'' means the area of the outer Continental Shelf that is located between the point that is 3 miles seaward of the coast line of a State and the point that is 3 marine leagues seaward of the coast line of the State. (5) Interest owner.--The term ``interest owner'' means any person holding an existing interest or a portion of an existing interest. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means any of the States of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia. SEC. 3. SEAWARD BOUNDARIES OF CERTAIN STATES. (a) Seaward Boundaries.--Section 4 of the Submerged Lands Act (43 U.S.C. 1312) is amended-- (1) by striking ``The'' at the beginning and inserting the following: ``(a) In General.--Except for the States described in subsection (b), the''; and (2) by adding at the end the following: ``(b) Seaward Boundaries of Certain Coastal States.--Subject to subsection (a), the seaward boundary of each of the following States shall be a line 3 marine leagues distant from the coast line of the State as of the date that is 1 day before the date of enactment of the Offshore Fairness Act: ``(1) Alabama. ``(2) Florida. ``(3) Georgia. ``(4) Louisiana. ``(5) Mississippi. ``(6) North Carolina. ``(7) South Carolina. ``(8) Virginia.''. (b) Conforming Amendments.--Section 2 of the Submerged Lands Act (43 U.S.C. 1301) is amended-- (1) in subsection (a)(2), by inserting ``, or 3 marine leagues distant from the coast line of a State described in section 4(b),'' after ``the coast line of each such State''; and (2) in subsection (b)-- (A) by striking ``from the coast line''; (B) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three geographical miles''; and (C) by inserting ``from the coast line of a State, or more than 3 marine leagues from the coast line of a State described in section 4(b),'' after ``three marine leagues''. SEC. 4. CONVEYANCE. (a) In General.--Subject to subsections (b) and (c) and section 5, the Secretary shall, by not later than 120 days after the date of enactment of this Act-- (1) notify each State of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at the request of a State, convey to the applicable State the interest of the United States in and to the expanded submerged land. (b) Administration.--On conveyance under subsection (a), the Secretary shall transfer to the Governor of the State the authority to exercise the powers and duties of the Secretary under the terms of any existing interest, subject to the condition that the State-- (1) shall not impose any burdens or requirements on an interest owner that would be stricter than any burdens or requirements imposed under Federal law; and (2) shall not impose any administrative or judicial penalty or sanction on an interest owner that is more severe than any administrative or judicial penalty or sanction under current Federal law. (c) Liability.--As a condition of accepting the conveyance, the State shall agree to indemnify the United States from any liability to any interest owner for the taking of a property interest or breach of contract arising from-- (1) the conveyance of the expanded submerged land to the State; or (2) the administration by the State of any existing interest on or underlying the expanded submerged land. SEC. 5. EFFECT. (a) In General.--Subject to subsections (b) through (e), this Act and the amendments made by this Act shall not affect any valid existing right in and to the expanded submerged land. (b) Submerged Land.--Submerged land within the seaward boundaries of a State (as extended by the amendments made by this Act) shall be-- (1) subject to Federal oil and gas mineral rights to the extent provided by law; (2) considered to be part of the Federal outer Continental Shelf for purposes of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.); and (3) subject to-- (A) leasing under the authority of that Act; (B) the distribution of revenues under section 8(g)(2) of that Act (43 U.S.C. 1337(g)(2)); and (C) any other laws applicable to the leasing of the oil and gas resources of the Federal outer Continental Shelf, including the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432). (c) Existing Leases.-- (1) In general.--The amendments made by this Act shall not affect any Federal oil and gas lease in effect on the date of conveyance under section 4. (2) Divided leases.--If the conveyance under section 4 results in a division of a Federal oil and gas lease that is in existence on the date of conveyance, the conveyance of the portion of the expanded submerged land that is covered by the lease shall not take effect until the date that is 1 day after the date that the lease expires or terminates. (d) Future Interests.--This section shall not apply to any interest in the expanded submerged land that is granted by the State after the date on which the land is conveyed to the State under section 4. (e) Taxation.-- (1) In general.--Subject to paragraph (2), a State may exercise all of the sovereign powers of taxation of the State within the entire extent of the seaward boundaries of the State (as extended by the amendments made by this Act). (2) Limitation.--Nothing in this subsection affects the authority of a State to tax any Federal oil and gas lease in effect on the date of enactment of this Act. SEC. 6. FISHERY MANAGEMENT RIGHTS. (a) In General.--The Secretary of Commerce shall grant to each State exclusive fishery management authority over reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land. (b) Temporary Additional Authority.-- (1) In general.--In addition to the authority granted under subsection (a) and subject to paragraph (2), the Secretary of Commerce shall grant to each State exclusive fishery management authority over the red snapper fish (lutjanus campechanus), in the Gulf of Mexico and the Atlantic Ocean in the area of the outer Continental Shelf that is located between the expanded seaward boundary of a State and the point that is 200 miles seaward of the coast line of the State, consistent with the jurisdictional limit of the exclusive economic zone. (2) Term.--The authority under paragraph (1) shall remain in effect for any State until the date on which the Governor of that State has certified to the Secretary of Commerce, in writing, that the Governor is confident that the stock assessments of the National Oceanic and Atmospheric Administration for the red snapper fish (lutjanus campechanus) within the authority of the State, as established by this Act, are-- (A) accurate; and (B) based on sound science. | Offshore Fairness Act - Amends the Submerged Lands Act to extend the seaward boundaries of Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, and Virginia to a line three marine leagues (currently, three geographic miles) distant from the coast line. Directs the Secretary of the Interior to: (1) notify such states of the right to request a conveyance of the applicable interest of the United States in and to the expanded submerged land; and (2) at such a state's request, convey to the applicable state the interest of the United States in and to such land. Prohibits states conveyed such land from imposing: (1) burdens or requirements on an interest owner that would be stricter than any federal burdens or requirements, and (2) administrative or judicial penalties or sanctions on an interest owner that are more severe than any federal administrative or judicial penalty or sanction. Declares submerged land within the seaward boundaries of such states to be subject to federal oil and gas mineral rights and to be considered part of the federal outer continental shelf for purposes of the Outer Continental Shelf Lands Act, the Gulf of Mexico Energy Security Act of 2006, and other laws applicable to the leasing of the oil and gas resources. Prohibits this Act from affecting any federal oil and gas lease in effect on the date of the land conveyance. Excludes from specified requirements and prohibitions any interest in the expanded submerged land that is granted by the state after the date on which the land is conveyed. Authorizes such states to exercise their sovereign taxation powers within the entire extent of the extended seaward boundaries. Prohibits this Act from affecting a state's authority to tax any federal oil and gas lease in effect on the date of enactment of this Act. Directs the Secretary of Commerce to grant such states exclusive fishery management authority over: (1) reef fish in the Gulf of Mexico and the Atlantic Ocean in the expanded submerged land, (2) red snapper fish in designated areas until the state's governor certifies that the stock assessments of the National Oceanic and Atmospheric Administration (NOAA) are accurate and based on sound science. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tonto and Coconino National Forests Land Exchange Act''. TITLE I--TONTO AND COCONINO NATIONAL FORESTS LAND EXCHANGE SEC. 101. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) Certain private lands adjacent to the Montezuma Castle National Monument in Yavapai County, Arizona, are desirable for Federal acquisition to protect important riparian values along Beaver Creek and the scenic backdrop for the National Monument. (2) Certain other inholdings in the Coconino National Forest are desirable for Federal acquisition to protect important public values near Double Cabin Park. (3) Approximately 108 acres of land within the Tonto National Forest, northeast of Payson, Arizona, are currently occupied by 45 residential cabins under special use permits from the Secretary of Agriculture, and have been so occupied since the mid-1950s, rendering such lands of limited use and enjoyment potential for the general public. Such lands are, therefore, appropriate for transfer to the cabin owners in exchange for lands that will have higher public use values. (4) In return for the privatization of such encumbered lands the Secretary of Agriculture has been offered approximately 495 acres of non-Federal land (known as the Q Ranch) within the Tonto National Forest, east of Young, Arizona, in an area where the Secretary has completed previous land exchanges to consolidate public ownership of National Forest lands. (5) The acquisition of the Q Ranch non-Federal lands by the Secretary will greatly increase National Forest management efficiency and promote public access, use, and enjoyment of the area and surrounding National Forest System lands. (b) Purpose.--The purpose of this title is to authorize, direct, facilitate, and expedite the consummation of the land exchanges set forth herein in accordance with the terms and conditions of this title. SEC. 102. DEFINITIONS. As used in this title: (1) DPSHA.--The term ``DPSHA'' means the Diamond Point Summer Homes Association, a nonprofit corporation in the State of Arizona. (2) Federal land.--The term ``Federal land'' means land to be conveyed into non-Federal ownership under this title. (3) FLPMA.--The term ``FLPMA'' means the Federal Land Policy Management Act of 1976. (4) MCJV.--The term ``MCJV'' means the Montezuma Castle Land Exchange Joint Venture Partnership, an Arizona Partnership. (5) Non-federal land.--The term ``non-Federal land'' means land to be conveyed to the Secretary of Agriculture under this title. (6) Secretary.--The term ``Secretary'' means the Secretary of Agriculture, unless otherwise specified. SEC. 103. MONTEZUMA CASTLE LAND EXCHANGE. (a) Land Exchange.--Upon receipt of a binding offer from MCJV to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to MCJV all right, title, and interest of the United States in and to the Federal land described in subsection (c). (b) Non-Federal.--The land described in this subsection is the following: (1) The approximately 157 acres of land adjacent to the Montezuma Castle National Monument, as generally depicted on the map entitled ``Montezuma Castle Contiguous Lands'', dated May 2002. (2) Certain private land within the Coconino National Forest, Arizona, comprising approximately 108 acres, as generally depicted on the map entitled ``Double Cabin Park Lands'', dated September 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 222 acres in the Tonto National Forest, Arizona, and surveyed as Lots 3, 4, 8, 9, 10, 11, 16, 17, and Tract 40 in section 32, Township 11 North, Range 10 East, Gila and Salt River Meridian, Arizona. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and MCJV and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of the FLPMA (43 U.S.C. 1716(d)). If the values are not equal, the Secretary shall delete Federal lots from the conveyance to MCJV in the following order and priority, as necessary, until the values of Federal and non-Federal land are within the 25 percent cash equalization limit of 206(b) of FLPMA: (1) Lot 3. (2) Lot 4. (3) Lot 9. (4) Lot 10. (5) Lot 11. (6) Lot 8. (e) Cash Equalization.--Any difference in value remaining after compliance with subsection (d) shall be equalized by the payment of cash to the Secretary or MCJV, as the circumstances dictate, in accordance with section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. SEC. 104. DIAMOND POINT--Q RANCH LAND EXCHANGE. (a) In General.--Upon receipt of a binding offer from DPSHA to convey title acceptable to the Secretary to the land described in subsection (b), the Secretary shall convey to DPSHA all right, title, and interest of the United States in and to the land described in subsection (c). (b) Non-Federal Land.--The land described in this subsection is the approximately 495 acres of non-Federal land generally depicted on the map entitled ``Diamond Point Exchange--Q Ranch Non-Federal Lands'', dated May 2002. (c) Federal Land.--The Federal land described in this subsection is the approximately 108 acres northeast of Payson, Arizona, as generally depicted on a map entitled ``Diamond Point Exchange--Federal Land'', dated May 2002. (d) Equal Value Exchange.--The values of the non-Federal and Federal land directed to be exchanged under this section shall be equal or equalized as determined by the Secretary through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and DPSHA and in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (U.S. Department of Justice, December 2000), and section 206(d) of FLPMA (43 U.S.C. 1716(d)). If the values are not equal, they shall be equalized by the payment of cash to the Secretary or DPSHA pursuant to section 206(b) of FLPMA (43 U.S.C. 1716(b)). Public Law 90-171 (16 U.S.C. 484a; commonly known as the ``Sisk Act'') shall, without further appropriation, apply to any cash equalization payment received by the United States under this section. (e) Special Use Permit Termination.--Upon execution of the land exchange authorized by this section, all special use cabin permits on the Federal land shall be terminated. SEC. 105. MISCELLANEOUS PROVISIONS. (a) Exchange Timetable.--Not later than 6 months after the Secretary receives an offer under section 103 or 104, the Secretary shall execute the exchange under section 103 or 104, respectively, unless the Secretary and MCJV or DPSHA, respectively, mutually agree to extend such deadline. (b) Exchange Processing.--Prior to executing the land exchanges authorized by this title, the Secretary shall perform any necessary land surveys and required preexchange clearances, reviews, and approvals relating to threatened and endangered species, cultural and historic resources, wetlands and floodplains and hazardous materials. If 1 or more of the Federal land parcels or lots, or portions thereof, cannot be transferred to MCJV or DPSHA due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems, the parcel or lot, or portion thereof, shall be deleted from the exchange, and the values of the lands to be exchanged adjusted in accordance with subsections (d) and (e) of section 103 or section 104(d), as appropriate. In order to save administrative costs to the United States, the costs of performing such work, including the appraisals required pursuant to this title, shall be paid by MCJV or DPSHA for the relevant property, except for the costs of any such work (including appraisal reviews and approvals) that the Secretary is required or elects to have performed by employees of the Department of Agriculture. (c) Federal Land Reservations and Encumbrances.--The Secretary shall convey the Federal land under this title subject to valid existing rights, including easements, rights-of-way, utility lines and any other valid encumbrances on the Federal land as of the date of the conveyance under this title. If applicable to the land conveyed, the Secretary shall also retain any right of access as may be required by section 120(h) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9620(h)) for remedial or corrective action relating to hazardous substances as may be necessary in the future. (d) Administration of Acquired Land.--The land acquired by the Secretary pursuant to this title shall become part of the Tonto or Coconino National Forest, as appropriate, and be administered as such in accordance with the laws, rules, and regulations generally applicable to the National Forest System. Such land may be made available for domestic livestock grazing if determined appropriate by the Secretary in accordance with the laws, rules, and regulations applicable thereto on National Forest System land. (e) Transfer of Land to Park Service.--Upon their acquisition by the United States, the ``Montezuma Castle Contiguous Lands'' identified in section 103(d)(1) shall be transferred to the administrative jurisdiction of the National Park Service, and shall thereafter be permanently incorporated in, and administered by the Secretary of the Interior as part of, the Montezuma Castle National Monument. TITLE II--MENDOCINO NATIONAL FOREST LAND CONVEYANCE SEC. 201. LAND CONVEYANCE, FARAWAY RANCH, MENDOCINO NATIONAL FOREST, CALIFORNIA. (a) Conveyance Required.--Subject to subsection (b), the Secretary of Agriculture shall convey to the owner of the property known as the Faraway Ranch in Lake County, California (in this section referred to as the ``recipient''), by quitclaim deed, all right, title, and interest of the United States in and to the following National Forest System lands in Mendocino National Forest in Lake County, California: (1) ``Faraway Ranch, Tract 39'' (approximately 15.8 acres) consisting of a portion of lot 6 of section 4, township 18 north, range 10 west, Mount Diablo base and meridian, as generally depicted on the map entitled ``Faraway Ranch, Tracts 39 and 40'' and dated June 30, 2002. (2) ``Faraway Ranch, Tract 40'' (approximately 105.1 acres) consisting of a portion of the N\1/2\SW\1/4\ and lot 7 of section 4, and a portion of lots 15 and 16 of section 5, township 18 north, range 10 west, Mount Diablo base and meridian, as generally depicted on the map entitled ``Faraway Ranch, Tracts 39 and 40'' and dated June 30, 2002. (b) Time for Conveyance.--The Secretary shall make the conveyance under subsection (a) not later than 120 days after the date on which the recipient deposits sufficient funds with the Bureau of Land Management, California State Office, Branch of Geographic Services, to cover survey work costs and with the Forest Service, Mendocino National Forest, to cover Forest Service direct transaction costs described in subsection (e). (c) Corrections.--With the agreement of the recipient, the Secretary may make minor corrections to the legal descriptions and map of the lands to be conveyed pursuant to this section. (d) Consideration.--As consideration for the conveyance under subsection (a), the recipient shall pay to the Secretary an amount equal to the fair market value of the National Forest System lands conveyed under such subsection. The fair market value of such lands shall be determined by an appraisal that is acceptable to the Secretary and conforms with the Federal appraisal standards, as defined in the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. (e) Payment of Costs.--All direct transaction costs associated with the conveyance under section (a), including the costs of appraisal, title, and survey work, shall be paid by the recipient. (f) Use of Proceeds.-- (1) Deposit.--The Secretary shall deposit the amounts received by the Secretary as consideration under subsection (d) in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (2) Use.--Funds deposited under paragraph (1) shall be available to the Secretary until expended, without further appropriation-- (A) for the acquisition of land and interests in land for National Forest System purposes in the State of California; and (B) for reimbursement of costs incurred by the Forest Service in making the conveyance under subsection (a). (3) Status of acquired land.--Notwithstanding Public Law 85-862 (16 U.S.C. 521a), any lands acquired under paragraph (2)(A) shall be managed as lands acquired under the March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 480, 500, 515 et seq.), regardless of whether any of the lands conveyed under subsection (a) were reserved from the public domain. (g) Withdrawal.--Subject to valid existing rights, the lands to be conveyed under subsection (a) are hereby withdrawn from all forms of location, entry, and patent under the public land laws and the mining and mineral leasing laws of the United States. Passed the House of Representatives September 24, 2002. Attest: JEFF TRANDAHL, Clerk. | Tonto and Coconino National Forests Land Exchange Act - Title I: Tonto and Coconino National Forests Land Exchange - Directs the Secretary of Agriculture to convey to certain private land owners specified lands in the Tonto National Forest in exchange for the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument and certain lands within the Coconino National Forest. Requires that the values of Federal and non-Federal lands be equalized.Directs the Secretary of Agriculture to convey to certain private land owners specified lands northeast of Payson, Arizona, in exchange for the conveyance by such land owners of certain lands within the Tonto National Forest. Requires that the values of Federal and non-Federal lands be equalized. Terminates all special use cabin permits on the Federal land upon execution of the exchange.Deletes from an exchange Federal land parcels that cannot be transferred due to hazardous materials, threatened or endangered species, cultural or historic resources, or wetland and flood plain problems and requires making appropriate adjustments to equalize land values being exchanged.Provides that the land acquired by the Secretary become part of the Tonto or Coconino National Forest, as appropriate. Provides for: (1) the Secretary of Agriculture to transfer all or a portion of the lands acquired adjacent to the Montezuma Castle National Monument to the administrative jurisdiction of the National Park Service; and (2) the incorporation of such lands in the Montezuma Castle National Monument.Title II: Mendocino National Forest Land Conveyance - Directs the Secretary of Agriculture to convey to the owner of Faraway Ranch in Lake County, California ("the recipient"), by quitclaim deed, all right, title, and interest of the United States in and to specified National Forest System (NFS) lands in Mendocino National Forest in Lake County. Directs the recipient to pay the Secretary an amount equal to the fair market value of the NFS lands. Assigns all transaction costs associated with the conveyance to the recipient. Requires the funds received by the Secretary to be used for the acquisition of land and interests in land for NFS purposes in California and for reimbursement of costs incurred by the Forest Service in making the conveyance. Withdraws, subject to valid existing rights, the lands being conveyed from all forms of location, entry, and patent under the public land laws and the mining and mineral leasing laws of the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurse Loan Forgiveness Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) According to 2001 statistics from the American Hospital Association, 126,000 nurses are currently needed to fill vacancies at our nation's hospitals. Today, fully 75 percent of all hospital personnel vacancies are for nurses. (2) According to the Journal of the American Medical Association (2000), the U.S. will experience a 20 percent shortage in the number of nurses needed in the U.S. health care system by the year 2020. This translates into a shortage of more than 400,000 registered nurses nationwide. (3) Research indicates that there is a greater need for health care services, especially hospitals and prescription drugs, but there continues to be a 28 percent decrease in national licensure examination for all entry-level registered nurses. (4) The U.S. Department of Labor projects a 21 percent increase in the need for nurses nationwide from 1998 to 2008, compared with a 14 percent increase for all other occupations. (5) The General Accounting Office estimates that 40 percent of all registered nurses will be older than age 50 by the year 2010. (6) Of those registered nurses in 2000, an estimated 18 percent have chosen to pursue other career paths. (7) According to a 2001 issue of Health Affairs, many nurses report they are dissatisfied with their current position. One out of every 3 hospital nurses under the age of 30 are planning to leave their current job in the next year. SEC. 3. ESTABLISHMENT OF PROGRAM. (a) Stafford Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by inserting after section 428K (20 U.S.C. 1078-11) the following new section: ``SEC. 428L. LOAN FORGIVENESS FOR NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the nursing profession. ``(b) Program Authorized.--From the amount appropriated under subsection (g) for any fiscal year, the Secretary shall, in accordance with subsection (c), carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H for any borrower who-- ``(1) has been employed for a calendar year as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for purposes of this section; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Of the aggregate of the loan obligation on a loan made under section 428 or 428H that is outstanding to an individual who meets the requirements of subsection (b), the Secretary may, from funds appropriated under subsection (g), repay not more than-- ``(A) $2,000 after the first calendar year of employment described in subsection (b)(1); ``(B) $2,500 after the second such year of employment; ``(C) $3,000 after the third such year of employment; ``(D) $4,500 after the fourth such year of employment; and ``(E) $5,000 after the fifth such year of employment. ``(2) Award basis.--The Secretary shall make payments under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Prevention of Double Benefits.-- ``(1) National and community service.--No borrower may, for the same service, receive a benefit under both this subsection and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(2) Direct loan forgiveness.--No borrower may receive a reduction of loan obligations under both this section and section 460A. ``(g) Authorization of Appropriations.--For fiscal year 2004 and for each of the 9 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to repay loans in the amounts specified in subsection (c)(1).''. (b) Direct Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 (20 U.S.C. 1087j) the following new section: ``SEC. 460A. LOAN FORGIVENESS FOR NURSES. ``(a) Statement of Purpose.--It is the purpose of this section to encourage individuals to enter and continue in the nursing profession. ``(b) Program Authorized.--From the amount appropriated under subsection (g) for any fiscal year, the Secretary shall carry out a program of canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any borrower who-- ``(1) has been employed for a calendar year as a full-time registered nurse in a health care facility or a health care setting approved by the Secretary of Health and Human Services for purposes of this section; and ``(2) is not in default on a loan for which the borrower seeks forgiveness. ``(c) Qualified Loans Amount.-- ``(1) In general.--Of the aggregate of the loan obligation on a Federal Direct Stafford Loan or a Federal Direct Unsubsidized Stafford Loan that is outstanding to an individual who meets the requirements of subsection (b), the Secretary may, from funds appropriated under subsection (g), repay not more than-- ``(A) $2,000 after the first calendar year of employment described in subsection (b)(1); ``(B) $2,500 after the second such year of employment; ``(C) $3,000 after the third such year of employment; ``(D) $4,500 after the fourth such year of employment; and ``(E) $5,000 after the fifth such year of employment. ``(2) Award basis.--The Secretary shall make payments under this subsection on a first-come first-served basis, subject to the availability of appropriations. ``(3) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) Prevention of Double Benefits.-- ``(1) National and community service.--No borrower may, for the same service, receive a benefit under both this subsection and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(2) Stafford loan forgiveness.--No borrower may receive a reduction of loan obligations under both this section and section 428L. ``(g) Authorization of Appropriations.--For fiscal year 2004 and for each of the 9 succeeding fiscal years, there are authorized to be appropriated such sums as may be necessary to repay loans in the amounts specified in subsection (c)(1).''. | Nurse Loan Forgiveness Act of 2003 - Amends the Higher Education Act of 1965 (HEA) to include, under HEA student loan forgiveness and cancellation programs, nurses who serve at least one calendar year in an approved health care facility or setting.Limits the maximum amount of such loan repayment by the Secretary of Education to not more than $2,000 after the first year of such a nurse's employment, with incremental increases after the second through fourth years, up to $5,000 after the fifth year of such employment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Partnership Benefits and Obligations Act of 2001''. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF FEDERAL EMPLOYEES. (a) In General.--A domestic partner of an employee shall be entitled to benefits available to and obligations imposed upon a spouse of an employee. (b) Certification of Eligibility.--In order to obtain benefits under this Act, an employee shall file an affidavit of eligibility for benefits with the Office of Personnel Management certifying that the employee and the domestic partner of the employee-- (1) are each other's sole domestic partner and intend to remain so indefinitely; (2) have a common residence, and intend to continue the arrangement; (3) are at least 18 years of age and mentally competent to consent to contract; (4) share responsibility for a significant measure of each other's common welfare and financial obligations; (5) are not married to or domestic partners with anyone else; (6) understand that willful falsification of information within the affidavit may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification; and (7)(A) are same sex domestic partners, and not related in a way that, if the 2 were of opposite sex, would prohibit legal marriage in the state in which they reside; or (B) are opposite sex domestic partners, and are not related in a way that would prohibit legal marriage in the state in which they reside. (c) Dissolution of Partnership.-- (1) In general.--An employee or domestic partner of an employee who obtains benefits under this Act shall file a statement of dissolution of the domestic partnership with the Office of Personnel Management not later than 30 days after the death of the employee or the domestic partner or the date of dissolution of the domestic partnership. (2) Death of employee.--In a case in which an employee dies, the domestic partner of the employee at the time of death shall be deemed a spouse of the employee for the purpose of receiving benefits under this Act. (3) Other dissolution of partnership.-- (A) In general.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any benefits received by the domestic partner as a result of this Act shall terminate. (B) Exception.--In a case in which a domestic partnership dissolves by a method other than death of the employee or domestic partner of the employee, any health benefits received by the domestic partner as a result of this Act shall continue for a period of 60 days after the date of the dissolution of the partnership. The domestic partner shall pay for such benefits in the same manner that a former spouse would pay for such benefits under applicable provisions of chapter 89 of title 5, United States Code. (d) Confidentiality.--Any information submitted to the Office of Personnel Management under subsection (b) shall be used solely for the purpose of certifying an individual's eligibility for benefits under subsection (a). (e) Definitions.--For purposes of this Act: (1) Domestic partner.--The term ``domestic partner'' means an adult person living with, but not married to, another adult person in a committed, intimate relationship. (2) Benefits.--The term ``benefits'' means-- (A) Civil Service Retirement, as provided in title 5, chapter 83, of the United States Code; (B) Federal Employees' Retirement, as provided in title 5, chapter 84, of the United States Code; (C) life insurance, as provided in title 5, chapter 87, of the United States Code; (D) health insurance, as provided in title 5, chapter 89, of the United States Code; and (E) compensation for work injuries, as provided in title 5, chapter 81, of the United States Code. (3) Employee.-- (A) With respect to Civil Service Retirement, the term ``employee'' shall have the meaning given such term in section 8331(1) of title 5, United States Code. (B) With respect to Federal Employees' Retirement, the term ``employee'' shall have the meaning given such term in section 8401(11) of title 5, United States Code. (C) With respect to life insurance, the term ``employee'' shall have the meaning given such term in section 8701(a) of title 5, United States Code. (D) With respect to health insurance, the term ``employee'' shall have the meaning given such term in section 8901 of title 5, United States Code. (E) With respect to compensation for work injuries, the term ``employee'' shall have the meaning given such term in section 8101(1) of title 5, United States Code. (4) Obligations.--The term ``obligations'' means any duties or responsibilities that would be incurred by the spouse of an employee. SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER-PROVIDED FRINGE BENEFITS TO DOMESTIC PARTNERS. Section 106 of the Internal Revenue Code of 1986 (relating to contributions by employer to accident and health plans) is amended by adding at the end the following new subsection: ``(d) Treatment of Domestic Partners.--The provisions of section 2 of the Domestic Partnership Benefits and Obligations Act of 2001 shall apply to employees and domestic partners of employees for purposes of this section and any other benefit which is not includible in the gross income of employees by reason of an express provision of this chapter.''. | Domestic Partnership Benefits and Obligations Act of 2001 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. Specifies certifications required for benefit eligibility, filing requirements regarding partnership dissolution, and confidentiality requirements. Amends the Internal Revenue Code to extend the tax exemption for employer contributions to accident and health plans to domestic partners under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``50 States Commemorative Coin Program Act''. SEC. 2. FINDINGS. The Congress hereby finds the following: (1) It is appropriate and timely to-- (A) honor the unique Federal republic of 50 States that comprise the United States; and (B) promote the diffusion of knowledge among the youth of the United States about the individual States, their history and geography, and the rich diversity of the national heritage. (2) The circulating coinage of the United States has not been modernized within the past 25 years. (3) A circulating commemorative 25-cent coin program could produce earnings of $110,000,000 from the sale of silver proof coins and sets over the 10-year period of issuance and would produce indirect earnings of an estimated $2,600,000,000 to $5,100,000,000 to the United States Treasury, money that will replace borrowing to fund the national debt to at least that extent. (4) It is appropriate to launch a commemorative circulating coin program that encourages young people and their families to collect memorable tokens of all the States for the face value of the coins. SEC. 3. ISSUANCE OF REDESIGNED QUARTER DOLLARS OVER 10-YEAR PERIOD COMMEMORATING EACH OF THE 50 STATES. Section 5112 of title 31, United States Code, is amended by adding at the end the following new subsection: ``(k) Redesign and Issuance of Quarter Dollar in Commemoration of Each of the 50 States.-- ``(1) Redesign beginning in 1999.-- ``(A) In general.--Notwithstanding the 4th sentence of subsection (d)(1) and subsection (d)(2), quarter dollar coins issued during the 10-year period beginning in 1999, shall have designs on the reverse side selected in accordance with this subsection which are emblematic of the 50 States. ``(B) Transition provision.--Notwithstanding subparagraph (A), the Secretary may continue to mint and issue quarter dollars in 1999 which bear the design in effect before the redesign required under this subsection and an inscription of the year `1998' as required to ensure a smooth transition into the 10-year program under this subsection. ``(2) Single state designs.--The design on the reverse side of each quarter dollar issued during the 10-year period referred to in paragraph (1) shall be emblematic of 1 of the 50 States. ``(3) Issuance of coins commemorating 5 states during each of the 10 years.-- ``(A) In general.--The designs for the quarter dollar coins issued during each year of the 10-year period referred to in paragraph (1) shall be emblematic of 5 States selected in the order in which such States ratified the Constitution of the United States or were admitted into the Union, as the case may be. ``(B) Number of each of 5 coin designs in each year.--Of the quarter dollar coins issued during each year (of the 10-year period referred to in paragraph (1)), the Secretary of the Treasury shall prescribe, on the basis of such factors as the Secretary determines to be appropriate, the number of quarter dollars which shall be issued with each of the 5 designs selected for such year. ``(4) Selection of design.-- ``(A) In general.--Each of the 50 designs required under this subsection for quarter dollars shall be-- ``(i) selected by the Secretary after consultation with-- ``(I) the Governor of the State being commemorated, or such other State officials or group as the State may designate for such purpose; and ``(II) the Commission of Fine Arts; and ``(ii) reviewed by the Citizens Commemorative Coin Advisory Committee. ``(B) Selection and approval process.--Designs for quarter dollars may be submitted in accordance with the design selection and approval process developed by the Secretary in the sole discretion of the Secretary. ``(C) Participation.--The Secretary may include participation by State officials, artists from the States, engravers of the United States Mint, and members of the general public. ``(D) Standards.--Because it is important that the Nation's coinage and currency bear dignified designs of which the citizens of the United States can be proud, the Secretary shall not select any frivolous or inappropriate design for any quarter dollar minted under this subsection. ``(E) Prohibition on certain representations.--No head and shoulders portrait or bust of any person, living or dead, and no portrait of a living person may be included in the design of any quarter dollar under this subsection. ``(5) Treatment as numismatic items.--For purposes of sections 5134 and 5136, all coins minted under this subsection shall be considered to be numismatic items. ``(6) Numismatic items.-- ``(A) Quality of coins.--The Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) in uncirculated and proof qualities as the Secretary determines to be appropriate. ``(B) Silver coins.--Notwithstanding subsection (b), the Secretary may mint and issue such number of quarter dollars of each design selected under paragraph (4) as the Secretary determines to be appropriate with a content of 90 percent silver and 10 percent copper. ``(C) Sources of bullion.--The Secretary shall obtain silver for minting coins under subparagraph (B) from available resources, including stockpiles established under the Strategic and Critical Materials Stock Piling Act. ``(7) Application in event of the admission of additional states.--If any additional State is admitted into the Union before the end of the 10-year period referred to in paragraph (1), the Secretary of the Treasury may issue quarter dollar coins, in accordance with this subsection, with a design which is emblematic of such State during any 1 year of such 10-year period, in addition to the quarter dollar coins issued during such year in accordance with paragraph (3)(A).''. Passed the House of Representatives September 23, 1997. Attest: ROBIN H. CARLE, Clerk. By Jeff Trandahl, Deputy Clerk. | 50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Control Center Enhancement and Awareness Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Each year more than 2,000,000 poisonings are reported to poison control centers throughout the United States. More than 90 percent of these poisonings happen in the home. Fifty-three percent of poisoning victims are children younger than 6 years of age. (2) Poison control centers are a valuable national resource that provide life-saving and cost-effective public health services. For every dollar spent on poison control centers, $7 in medical costs are saved. The average cost of a poisoning exposure call is $32, while the average cost if other parts of the medical system are involved is $932. Over the last 2 decades, the instability and lack of funding has resulted in a steady decline in the number of poison control centers in the United States. Within just the last year, 2 poison control centers have been forced to close because of funding problems. A third poison control center is scheduled to close in April 1999. Currently, there are 73 such centers. (3) Stabilizing the funding structure and increasing accessibility to poison control centers will increase the number of United States residents who have access to a certified poison control center, and reduce the inappropriate use of emergency medical services and other more costly health care services. SEC. 3. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. ESTABLISHMENT OF A NATIONAL TOLL-FREE NUMBER. (a) In General.--The Secretary shall provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. (b) Rule of Construction.--Nothing in this section shall be construed as prohibiting the establishment or continued operation of any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $2,000,000 for each of the fiscal years 2000 through 2004. Funds appropriated under this subsection shall not be used to fund any toll-free phone number described in subsection (b). SEC. 5. ESTABLISHMENT OF NATIONWIDE MEDIA CAMPAIGN. (a) In General.--The Secretary shall establish a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control resources in local communities and to conduct advertising campaigns concerning the nationwide toll-free number established under section 4. (b) Contract With Entity.--The Secretary may carry out subsection (a) by entering into contracts with 1 or more nationally recognized media firms for the development and distribution of monthly television, radio, and newspaper public service announcements. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $600,000 for each of the fiscal years 2000 through 2004. SEC. 6. ESTABLISHMENT OF A GRANT PROGRAM. (a) Regional Poison Control Centers.--The Secretary shall award grants to certified regional poison control centers for the purposes of achieving the financial stability of such centers, and for preventing and providing treatment recommendations for poisonings. (b) Other Improvements.--The Secretary shall also use amounts received under this section to-- (1) develop standard education programs; (2) develop standard patient management protocols for commonly encountered toxic exposures; (3) improve and expand the poison control data collection systems; (4) improve national toxic exposure surveillance; and (5) expand the physician/medical toxicologist supervision of poison control centers. (c) Certification.--Except as provided in subsection (d), the Secretary may make a grant to a center under subsection (a) only if-- (1) the center has been certified by a professional organization in the field of poison control, and the Secretary has approved the organization as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning; or (2) the center has been certified by a State government, and the Secretary has approved the State government as having in effect standards for certification that reasonably provide for the protection of the public health with respect to poisoning. (d) Waiver of Certification Requirements.-- (1) In general.--The Secretary may grant a waiver of the certification requirement of subsection (c) with respect to a noncertified poison control center or a newly established center that applies for a grant under this section if such center can reasonably demonstrate that the center will obtain such a certification within a reasonable period of time as determined appropriate by the Secretary. (2) Renewal.--The Secretary may only renew a waiver under paragraph (1) for a period of 3 years. (e) Supplement Not Supplant.--Amounts made available to a poison control center under this section shall be used to supplement and not supplant other Federal, State, or local funds provided for such center. (f) Maintenance of Effort.--A poison control center, in utilizing the proceeds of a grant under this section, shall maintain the expenditures of the center for activities of the center at a level that is not less than the level of such expenditures maintained by the center for the fiscal year preceding the fiscal year for which the grant is received. (g) Matching Requirement.--The Secretary may impose a matching requirement with respect to amounts provided under a grant under this section if the Secretary determines appropriate. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $25,000,000 for each of the fiscal years 2000 through 2004. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Poison Control Center Enhancement and Awareness Act - Directs the Secretary of Health and Human Services to provide coordination and assistance to regional poison control centers for the establishment of a nationwide toll-free phone number to be used to access such centers. Authorizes appropriations, prohibiting use of the funds to fund any privately funded nationwide toll-free phone number used to provide advice and other assistance for poisonings or accidental exposures. Directs the Secretary to establish a national media campaign to educate the public about poison prevention and the availability of local poison control resources and to conduct advertising campaigns concerning the nationwide toll-free number. Authorizes appropriations. Directs the Secretary to award grants for certified regional poison control centers to achieve financial stability and to prevent, and provide treatment recommendations for, poisoning. Mandates other grant uses. Sets forth center certification requirements. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Timely Repatriation Act''. SEC. 2. TIMELY REPATRIATION. (a) Listing of Countries.--Beginning on the date that is 6 months after the date of enactment of this Act, and every 6 months thereafter, the Secretary of Homeland Security shall publish a report including the following: (1) A list of the following: (A) Countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country since the date of enactment of this Act and the total number of such aliens, disaggregated by nationality. (B) Countries that have an excessive repatriation failure rate. (2) A list of each country that was included under subparagraph (B) or (C) of paragraph (1) in both the report preceding the current report and the current report. (b) Sanctions.--Beginning on the date that a country is included in a list under subsection (a)(2) and ending on the date that that country is not included in such list, that country shall be subject to the following: (1) The Secretary of State may not issue visas under section 101(a)(15)(A)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) to attendants, servants, personal employees, and members of their immediate families, of the officials and employees of that country who receive nonimmigrant status under clause (i) or (ii) of section 101(a)(15)(A) of such Act. (2) Each 6 months thereafter that the country is included in that list, the Secretary of State shall reduce the number of visas available under clause (i) or (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act in a fiscal year to nationals of that country by an amount equal to 10 percent of the baseline visa number for that country. Except as provided under section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253), the Secretary may not reduce the number to a level below 20 percent of the baseline visa number. (c) Waivers.-- (1) National security waiver.--If the Secretary of State submits to Congress a written determination that significant national security interests of the United States require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number. The Secretary of Homeland Security may not delegate the authority under this subsection. (2) Temporary exigent circumstances.--If the Secretary of State submits to Congress a written determination that temporary exigent circumstances require a waiver of the sanctions under subsection (b), the Secretary may waive any reduction below 80 percent of the baseline visa number during 6-month renewable periods. The Secretary of Homeland Security may not delegate the authority under this subsection. (d) Exemption.--The Secretary of Homeland Security, in consultation with the Secretary of State, may exempt a country from inclusion in a list under subsection (a)(2) if the total number of nonrepatriations outstanding is less than 10 for the preceding 3-year period. (e) Unauthorized Visa Issuance.--Any visa issued in violation of this section shall be void. (f) Notice.--If an alien who has been convicted of a criminal offense before a Federal or State court whose repatriation was refused or unreasonably delayed is to be released from detention by the Secretary of Homeland Security, the Secretary shall provide notice to the State and local law enforcement agency for the jurisdictions in which the alien is required to report or is to be released. When possible, and particularly in the case of violent crime, the Secretary shall make a reasonable effort to provide notice of such release to any crime victims and their immediate family members. (g) Definitions.--For purposes of this section: (1) Refused or unreasonably delayed.--A country is deemed to have refused or unreasonably delayed the acceptance of an alien who is a citizen, subject, national, or resident of that country if, not later than 90 days after receiving a request to repatriate such alien from an official of the United States who is authorized to make such a request, the country does not accept the alien or issue valid travel documents. (2) Failure rate.--The term ``failure rate'' for a period means the percentage determined by dividing the total number of repatriation requests for aliens who are citizens, subjects, nationals, or residents of a country that that country refused or unreasonably delayed during that period by the total number of such requests during that period. (3) Excessive repatriation failure rate.--The term ``excessive repatriation failure rate'' means, with respect to a report under subsection (a), a failure rate greater than 10 percent for any of the following: (A) The period of the 3 full fiscal years preceding the date of publication of the report. (B) The period of 1 year preceding the date of publication of the report. (4) Number of non-repatriations outstanding.--The term ``number of non-repatriations outstanding'' means, for a period, the number of unique aliens whose repatriation a country has refused or unreasonably delayed and whose repatriation has not occurred during that period. (5) Baseline visa number.--The term ``baseline visa number'' means, with respect to a country, the average number of visas issued each fiscal year to nationals of that country under clauses (i) and (ii) of section 101(a)(15)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 full fiscal years immediately preceding the first report under subsection (a) in which that country is included in the list under subsection (a)(2). (h) GAO Report.--On the date that is 1 day after the date that the President submits a budget under section 1105(a) of title 31, United States Code, for fiscal year 2016, the Comptroller General of the United States shall submit a report to Congress regarding the progress of the Secretary of Homeland Security and the Secretary of State in implementation of this section and in making requests to repatriate aliens as appropriate. | Timely Repatriation Act This bill directs the Department of Homeland Security (DHS) to publish a report every six months listing: (1) countries that have refused or unreasonably delayed repatriation of an alien who is a national of that country (the report must include the total number of such aliens) and countries that have an excessive repatriation failure rate, and (2) each country that was included in both the report preceding the current report and the current report (DHS may exclude a country if the total number of nonrepatriations outstanding is less than 10 for the preceding three-year period). The Department of State, with respect to a listed country: (1) may not issue visas to attendants, servants, and personal employees of such country's officials and employees who receive nonimmigrant status; and (2) shall reduce the number of visas available for such country's diplomats and officials/employees by 10% for each six months that a country is listed. |
SECTION 1. FLEXIBILITY INCENTIVE GRANT PILOT PROGRAM. (a) In General.--Chapter 53 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 5341. Flexibility incentive grant pilot program ``(a) Purpose.--The purpose of this section is to provide incentives to encourage States to establish new sources of revenue for public transportation projects and services and to reward States for creating more flexibility in the use of their existing transportation funds. ``(b) Establishment of Program.--The Secretary of Transportation shall establish a flexibility incentive grant pilot program in accordance with this section. ``(c) Applications.-- ``(1) In general.--A State may submit application to the Secretary for a grant under the section for each of fiscal years 2008, 2009, 2010, and 2011 not later than the August 1 preceding the first day of such fiscal year. ``(2) Contents.--An application of a State for a grant for a fiscal year under this section shall contain, at a minimum, the aggregate amount that the State and the counties of the State expended (excluding amounts from Federal sources) on public transportation projects and services for each of the State's 2 fiscal years preceding the date of the application, together with such supporting documentation as the Secretary may require by regulation. ``(d) Determinations by the Secretary.--Not later than September 1 of each of calendar years 2008 through 2011, the Secretary shall determine for each State that submitted an application for a grant under subsection (c) for the fiscal year beginning on September 30th of that calendar year if the State and the counties of the State increased the aggregate amount that the State and such counties expended (excluding amounts from Federal sources) on public transportation projects and services from the State's second fiscal year preceding such September 1 to the State's first fiscal year preceding such September 1, the amount of such increase, and the percentage of such increase over the State's second preceding fiscal year. ``(e) Grants for Increased Public Transportation Funding.-- ``(1) States with an increase of 10 percent or more.-- Subject to paragraph (2) and subsection (g)-- ``(A) the Secretary shall make a grant for each of fiscal years 2008 through 2011 to each State-- ``(i) whose percentage increase, as determined by the Secretary under subsection (d) with respect to such fiscal year, in expenditures for public transportation projects and services over the preceding fiscal year of the State was 10 percent or more; and ``(ii) whose aggregate expenditures for such projects and services in the State's preceding fiscal year was $1,000,000,000 or less, as determined by the Secretary under subsection (d). ``(B) the amount of the grant shall be equal to the increase in the aggregate amount that the State and the counties of the State expended (excluding amounts from Federal sources) on public transportation projects and services from the second preceding fiscal year of the State to the first preceding fiscal year of the State, as determined by the Secretary under subsection (d). ``(2) Large states with an increase of 1 percent or more.-- Subject to subsection (h), for each of fiscal years 2008 through 2011, the Secretary shall make a grant of $50,000,000 to each State-- ``(A) whose percentage increase, as determined by the Secretary under subsection (d) with respect to such fiscal year, in expenditures for public transportation projects and services over the preceding fiscal year of the State was 1 percent or more; and ``(B) whose aggregate expenditures for such projects and services in the State's preceding fiscal year was more than $1,000,000,000, as determined by the Secretary under subsection (d). ``(f) States Creating Flexible Transportation Funds.-- ``(1) New dedicated source of revenue.-- ``(A) In general.--Subject to subsection (g), for each of fiscal years 2008 through 2011, the Secretary shall make a grant of $10,000,000 to each State that established in the first preceding fiscal year of the State a dedicated source of revenue for carrying out only public transportation projects and services that the Secretary-- ``(i) determines was not in effect in the second preceding fiscal year of the State; and ``(ii) projects will result in an increase of 10 percent in State funds available for expenditure on such projects and services within 2 years after the date of such implementation. ``(B) Dedicated source of revenues defined.--For purposes of this paragraph, the term `dedicated source of revenue' may include the dedication of a State motor fuels tax or sales tax, interest on existing highway funds, motor vehicle excise tax, tolls, loans to be made out of highway funds, and such other sources of revenue as the Secretary determines. ``(2) Unrestricted use of highway funds.--Subject to subsection (h), for each of fiscal years 2008 through 2011, the Secretary shall make a grant of $10,000,000 to each State that in the preceding fiscal year of the State amended State law or the State constitution to allow funds that were restricted for highway purposes only to be used for public transportation projects and services as well as highway purposes. ``(g) Limitation for States Eligibility for Multiple Grants.--If the Secretary determines that a State is eligible for a grant under more than one of subsections (e)(1), (e)(2), (f)(1), and (f)(2) for a fiscal year, the Secretary may only make the grant to the State that is for the greatest amount the State is eligible for under such subsections. ``(h) Use of Grants.--A State may obligate funds granted to it under this section for any project or activity eligible for assistance under title 23 or chapter 53. ``(i) Grant Requirements.--Except as otherwise provided in this section-- ``(1) a grant under this section being used for a public transportation project or activity shall be subject to all of the terms and conditions to which a grant made under section 5307 is subject; and ``(2) a grant under this section being used for a highway project or activity shall be subject to all of the terms and conditions that would be applicable to such project or activity if such project or activity were being carried out under title 23, United States Code. ``(j) Federal Share.--The Federal share of the cost of a project or activity funded under this section shall be 100 percent. ``(k) Authorizations of Appropriations.--There are authorized to be appropriated to carry out this section for each of fiscal years 2008 through 2011 $250,000,000. Such sums shall remain available until expended. ``(l) Program Evaluation.--Not later than 5 years after the date of enactment of this section, the Secretary shall-- ``(1) conduct a study to evaluate the pilot program authorized by this section; and ``(2) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing and Urban Affairs of the Senate a report describing the results of the study.''. (b) Conforming Amendment.--The analysis for such chapter is amended by adding at the end the following: ``5341. Flexibility incentive grant pilot program''. | Directs the Secretary of Transportation to establish a flexibility incentive grant pilot program to encourage states to establish new sources of revenue for public transportation projects and services and to reward states for creating more flexibility in the use of their existing transportation funds. Requires the Secretary to make a grant for FY2008-FY2011 to: (1) each state whose increase in expenditures for public transportation projects and services over the preceding fiscal year was 10% or more and aggregate expenditures for such projects and services was $1 billion or less; (2) each large state whose increase in expenditures for such projects and services over the preceding fiscal year was 1% or more and aggregate expenditures for such projects and services was more than $1 billion; (3) each state that established in the first preceding fiscal year a dedicated source of revenue (i.e., state motor fuels tax, sales tax, or other specified sources of revenue) for carrying out public transportation projects and services that was not in effect in the second preceding fiscal year and which will result in a 10% increase of state funds expended for such projects and services within two years after such implementation; and (4) each state that in the preceding fiscal year amended state law or the state constitution to allow restricted highway funds to also be used for public transportation projects and services. Sets forth certain grant eligibility requirements. Directs the Secretary to conduct, and report to Congress on, a study to evaluate the pilot program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Civil Rights History Project Act of 2006''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) A fundamental principle of American democracy is that individuals should stand up for their rights and beliefs and fight for justice. (2) The actions of those who participated in the Civil Rights movement from the 1950's through the 1960's are a shining example of this principle in action, demonstrated in events as varied as the Montgomery Bus Boycott, the sit-ins, the Freedom Rides, the March on Washington, the drive for voting rights in Mississippi, and the March to Selma. (3) While the Civil Rights movement had many visible leaders, including Thurgood Marshall, Dr. Martin Luther King, Jr., and Rosa Parks, there were many others whose impact and experience were just as important to the cause but who are not as well known. (4) The participants in the Civil Rights movement possess an invaluable resource in their first-hand memories of the movement, and the recording of the retelling of their stories and memories will provide a rich, detailed history of our Nation during an important and tumultuous period. (5) It is in the Nation's interest to undertake a project to collect oral histories of individuals from the Civil Rights movement so future generations will be able to learn of their struggle and sacrifice through primary-source, eyewitness material. A coordinated Federal project would also focus attention on the efforts undertaken by various public and private entities to collect and interpret articles in all formats relating to the Civil Rights movement, and serve as a model for future projects undertaken in museums, libraries, and universities throughout the Nation. (6) The Library of Congress and the Smithsonian Institution are appropriate repositories to collect, preserve, and make available to the public a collection of these oral histories. The Library and Smithsonian have expertise in the management of documentation projects, and experience in the development of cultural and educational programs for the public. (b) Purpose.--It is the purpose of this Act to create a new federally sponsored, authorized, and funded project that will coordinate at a national level the collection of video and audio recordings of personal histories and testimonials of individuals who participated in the American Civil Rights movement that will build upon and complement previous and ongoing documentary work on this subject, and to assist and encourage local efforts to preserve the memories of such individuals so that Americans of all current and future generations may hear from them directly and better appreciate the sacrifices they made. SEC. 3. ESTABLISHMENT OF JOINT PROJECT AT LIBRARY OF CONGRESS AND NATIONAL MUSEUM OF AFRICAN AMERICAN HISTORY AND CULTURE TO COLLECT VIDEO AND AUDIO RECORDINGS OF HISTORIES OF PARTICIPANTS IN AMERICAN CIVIL RIGHTS MOVEMENT. (a) Establishment of Project.-- (1) In general.--Within the limits of available funds, the Librarian of Congress (hereafter referred to as the ``Librarian'') and the Secretary of the Smithsonian Institution (hereafter referred to as the ``Secretary)'', acting jointly, shall establish an oral history project-- (A) to survey, during the initial phase of the project, collections of audio and video recordings of the reminiscences of participants in the Civil Rights movement that are housed in archives, libraries, museums, and other educational institutions, as well as ongoing documentary work, in order to augment and complement these endeavors and avoid duplication of effort; (B) to solicit, reproduce, and collect-- (i) video and audio recordings of personal histories and testimonials of individuals who participated in the Civil Rights movement, and (ii) visual and written materials (such as letters, diaries, photographs, and ephemera) relevant to the personal histories of individuals; (C) to create a collection of the recordings and other materials obtained, and to catalog and index the collection in a manner the Librarian and the Secretary consider appropriate; and (D) to make the collection available for public use through the Library of Congress and the National Museum of African American History and Culture, as well as through such other methods as the Librarian and the Secretary consider appropriate. (2) Role of director of museum.--The Secretary shall carry out the Secretary's duties under this Act through the Director of the National Museum of African American History and Culture. (b) Use of and Consultation With Other Entities.--The Librarian and the Secretary may carry out the activities described in subsection (a)(1) through agreements and partnerships entered into with other government and private entities, and may otherwise consult with interested persons (within the limits of available resources) and develop appropriate guidelines and arrangements for soliciting, acquiring, and making available recordings under the project under this Act. (c) Services of Experts and Consultants; Acceptance of Volunteer Services; Advance Payments.--In carrying out activities described in subsection (a)(1), the Librarian and the Secretary may-- (1) procure temporary and intermittent services under section 3109 of title 5, United States Code; (2) accept and utilize the services of volunteers and other uncompensated personnel and reimburse them for travel expenses, including per diem, as authorized under section 5703 of title 5, United States Code; and (3) make advances of money and payments in advance in accordance with section 3324 of title 31, United States Code. (d) Timing.--As soon as practicable after the enactment of this Act, the Librarian and the Secretary shall begin collecting video and audio recordings and other materials under subsection (a)(1), and shall attempt to collect the first such recordings from the oldest individuals involved. (e) Definition.--In this Act, the term ``Civil Rights movement'' means the movement to secure racial equality in the United States for African Americans that, focusing on the period 1954 through 1968, challenged the practice of racial segregation in the Nation and achieved equal rights legislation for all American citizens. SEC. 4. PRIVATE SUPPORT FOR CIVIL RIGHTS HISTORY PROJECT. (a) Encouraging Solicitation and Acceptance of Donations.--The Librarian of Congress and the Secretary are encouraged to solicit and accept donations of funds and in-kind contributions to support activities under section 3. (b) Dedication of Funds Provided to Library of Congress.-- Notwithstanding any other provision of law-- (1) any funds donated to the Librarian of Congress to support the activities of the Librarian under section 3 shall be deposited entirely into an account established for such purpose; (2) the funds contained in such account shall be used solely to support such activities; and (3) the Librarian of Congress may not deposit into such account any funds donated to the Librarian which are not donated for the exclusive purpose of supporting such activities. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $500,000 for fiscal year 2007; and (2) such sums as may be necessary for each of the fiscal years 2008 through 2011. | Civil Rights History Project Act of 2006 - Requires the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Involvement in Campaigns Act of 2005''. SEC. 2. TAX CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. CREDIT FOR CERTAIN POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to all qualified political contributions paid by the taxpayer during the taxable year. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by subsection (a) shall not exceed $200 ($400 in the case of a joint return). ``(2) Verification.--The credit allowed by subsection (a) shall be allowed with respect to any qualified political contribution only if such contribution is verified in such manner as the Secretary shall prescribe by regulation. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified political contribution.--The term `qualified political contribution' means a contribution or gift of money, or the fair market value of a contribution or gift of property, to-- ``(A) an individual who is a candidate for nomination or election to any Federal elective public office in any primary, general, or special election, for use by such individual to further the candidacy of the individual for nomination or election to such office, or ``(B) the national committee of a national political party. ``(2) Candidate.--The term `candidate' means, with respect to any Federal elective public office, an individual who-- ``(A) publicly announces before the close of the calendar year following the calendar year in which the political contribution is made that the individual is a candidate for nomination or election to such office; and ``(B) meets the qualifications prescribed by law to hold such office. ``(3) National political party.--The term `national political party' means-- ``(A) in the case of qualified political contributions made during a taxable year of the taxpayer in which the electors of President and Vice President are chosen, a political party presenting candidates or electors for such offices on the official election ballot of ten or more States; or ``(B) in the case of qualified political contributions made during any other taxable year of the taxpayer, a political party which met the qualifications described in subparagraph (A) in the last preceding election of a President and Vice President. ``(d) Election not to Have Section Apply.--A taxpayer may elect not to have this section apply with respect to qualified political contributions made during the taxable year. ``(e) Cross References.-- ``For transfer of appreciated property to a political organization, see section 84. ``For certain indirect contributions to political parties, see section 276.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Credit for certain political contributions.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. SEC. 3. DEDUCTION FOR CERTAIN POLITICAL CONTRIBUTIONS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 224 as section 225 and by inserting after section 223 the following new section: ``SEC. 224. POLITICAL CONTRIBUTIONS. ``(a) In General.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the qualified political contributions made by the taxpayer during the taxable year. ``(b) Limitation.--The amount allowed as a deduction under subsection (a) for the taxable year shall not exceed $600 ($1200 in the case of a joint return). ``(c) Qualified Political Contribution.--For purposes of this section, the term `qualified political contribution' shall have the meaning given such term by section 25C(c)(1). ``(d) Denial of Double Benefit.--No deduction shall be allowed under subsection (a) to a taxpayer for any qualified political contribution made during the taxable year if a credit is allowed to such taxpayer under section 25C for such year.''. (b) Deduction Allowed Whether or not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting before the last sentence at the end the following new paragraph: ``(21) Qualified political contributions.--The deduction allowed by section 224.''. (c) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by redesignating the item relating to section 224 as an item relating to section 225 and by inserting before such item the following new item: ``Sec. 224. Political contributions.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31 of the calendar year in which this Act is enacted. | Citizen Involvement in Campaigns Act of 2005 - Amends the Internal Revenue Code to allow: (1) a $200 tax credit ($400 for joint returns) for contributions to a candidate for Federal elective public office or to the national committee of a national political party; and (2) a tax deduction (available to taxpayers who do not itemize deductions) for such political contributions up to $600 ($1,200 for joint returns). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2009''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with activities described in section 7 of such Act. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) No Change in National Labor Relations Act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitations on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that-- (1) would have the effect of boycotting any independent pharmacy or group of independent pharmacies, or would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by, any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within the scope of practice as defined or permitted by relevant law or regulation; (2) allocates a market among competitors; (3) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (4) monopolizes or attempts to monopolize a market. (f) Limitation Based on Market Share of Group.--This section shall not apply with respect to the negotiations of any group of independent pharmacies with a health plan regarding the terms of any contract under which such pharmacies provide health care items or services for which benefits are provided under such plan in a PDP region (as defined in subsection (j)(4)) if the number of pharmacy licenses of such pharmacies within such group in such region exceeds 25 percent of the total number of pharmacy licenses issued to all retail pharmacies (including both independent and other pharmacies) in such region. (g) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (h) No Application to Specified Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The State Children's Health Insurance Program (SHIP) under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (i) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan''-- (i) means a group health plan or a health insurance issuer that is offering health insurance coverage; (ii) includes any entity that contracts with such a plan or issuer for the administering of services under the plan or coverage; and (iii) includes a prescription drug plan offered under part D of title XVIII of the Social Security Act and a Medicare Advantage plan offered under part C of such title. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy that has a market share of-- (A) less than 10 percent in any PDP region; and (B) less than 1 percent in the United States. For purposes of the preceding sentence, all pharmacies that are members of the same controlled group of corporations (within the meaning of section 267(f) of the Internal Revenue Code of 1986) and all pharmacies under common control (within the meaning of section 52(b) of such Code but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 pharmacy. (4) PDP region.--The term ``PDP region'' has the meaning given such term in section 1860D-11(a)(2) of the Social Security Act (42 U.S.C. 1395w-111(a)(2)). (j) 5-Year Sunset.--The exemption provided in subsection (a) shall only apply to conduct occurring during the 5-year period beginning on the date of the enactment of this Act and shall continue to apply for 1 year after the end of such period to contracts entered into before the end of such period. (k) General Accountability Office Study and Report.--The Comptroller General of the United States shall conduct a study on the impact of enactment of this section during the 6-month period beginning with the 5th year of the 5-year period described in subsection (j). Not later than the end of such 6-month period, the Comptroller General shall submit to Congress a report on such study and shall include in the report such recommendations on the extension of this section (and changes that should be made in making such extension) as the Comptroller General deems appropriate. (l) Oversight.--Nothing in this section shall preclude the Federal Trade Commission or the Department of Justice from overseeing the conduct of independent pharmacies covered under this section. | Community Pharmacy Fairness Act of 2009 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nurses for Under-Resourced Schools Everywhere Act'' or the ``NURSE Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The National Association of School Nurses identifies schools as primary locations to address student health issues, since a school nurse is the health care provider that many students see on the most regular basis. (2) The American Academy of Pediatrics emphasizes the crucial role of school nurses in the seamless provision of comprehensive health services to children and youth, as well as in the development of a coordinated school health program. (3) The school nurse functions as a leader and the coordinator of the school health services team, facilitating access to a medical home for each child and supporting academic achievement. (4) School nurses promote wellness and disease prevention to improve health outcomes for our Nation's children. In addition, school nurses perform early intervention services such as periodic assessments for vision, hearing, and dental problems, in an effort to remove barriers to learning. (5) The American Federation of Teachers has called for a nurse in every school, as nurses are front-line workers that address an array of health needs and their presence in a school can help to improve student learning. (6) National data indicate only 45 percent of public schools have a school nurse all day, every day, while another 30 percent of schools have a school nurse who only works part- time in one or more schools. (7) The National Association of School Nurses has reported that medication administration to students is one of the most common health-related activities performed in school. As more chronically ill and medically unstable children enter the school system each year, the medical factors that promote and support their academic success increase, including the need for medications that enhance overall health or stabilize chronic conditions. (8) Statistics from the National Center for Education Statistics indicate that 15 to 18 percent of the 52,000,000 students who currently spend their day in school have a chronic health condition. (9) According to the American Academy of Pediatrics, students today face increased social and emotional issues, which enhance the need for preventive services and interventions for acute and chronic health issues. School nurses are actively engaged members of school-based mental health teams and spend nearly 32 percent of their time providing mental health services, including universal and targeted interventions, screenings to identify early warning signs and provide referrals to medical providers, and crisis planning. (10) In 2013, the Bureau of the Census reported 7.6 percent of children under the age of 19, which equals 78,000,000 children under the age of 19, were without health insurance. Data show that uninsured children achieve lower educational outcomes than those with health coverage. Children who cannot afford to see a medical provider miss more days of school, experience increased severity of illness, and suffer from disparities in health. (11) More than 1,600,000 children experience homelessness each year in the United States. Homeless children develop increased rates of acute and chronic health conditions, and the stress of their living situation can negatively affect their development and ability to learn. As a result, schools have become the primary access to health care for many children and adolescents. School nurses serve on the front lines as a safety net for the Nation's most vulnerable children. (12) Communicable and infectious diseases account for millions of school days lost each year. Data illustrate that when students have access to a registered nurse in school, immunization rates increase. (13) A 2011 study showed that a school nurse in the building saves principals, teachers, and clerical staff a considerable amount of time that they would have spent addressing health concerns of students, including saving principals almost an hour a day, saving teachers almost 20 minutes a day, and saving clerical staff more than 45 minutes a day. This would amount to a savings of about 13 hours per day in the aggregate for such school personnel. SEC. 3. INCREASING THE NUMBER OF SCHOOL NURSES. (a) Definitions.--In this section: (1) ESEA terms.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given to the terms in section 8101 of the Elementary and Secondary Education Act of 1965. (2) Acuity.--The term ``acuity'', when used with respect to a level, means the level of a patient's sickness, such as a chronic condition, which influences the need for nursing care. (3) Eligible entity.--The term ``eligible entity'' means-- (A) a local educational agency in which not less than 20 percent of the children are eligible to participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B) a consortium of local educational agencies described in subparagraph (A); or (C) a State educational agency in consortium with local educational agencies described in subparagraph (A). (4) High-need local educational agency.--The term ``high- need local educational agency'' means a local educational agency described in paragraph (3)(A)-- (A) that serves not fewer than 15,000 children who are eligible to participate in the program described in such paragraph; or (B) for which not less than 40 percent of the children served by the agency are eligible to participate in the program described in such paragraph. (5) Nurse.--The term ``nurse'' means a registered nurse, as defined under State law. (6) Secretary.--The term ``Secretary'' means the Secretary of Education. (7) Workload.--The term ``workload'', when used with respect to a nurse, means the amount of time the nurse takes to provide care and complete the other tasks for which the nurse is responsible. (b) Demonstration Grant Program Authorized.-- (1) In general.--From amounts appropriated to carry out this section, the Secretary of Education shall award demonstration grants, on a competitive basis, to eligible entities to pay the Federal share of the costs of increasing the number of school nurses in the public elementary schools and secondary schools served by the eligible entity, which may include hiring a school nurse to serve schools in multiple school districts. (2) SEAs.--In the case of an eligible entity described in subsection (a)(3)(C) that receives a grant under paragraph (1), such entity shall use amounts received under the grant to award subgrants to the local education agencies that are members of the entity, and reserve not more than 10 percent of such grant funds to support statewide activities to meet a variety of health needs, which may include hiring a nurse to provide training and technical assistance to schools statewide that meet the criteria established in subsection (d)(2)(A). (c) Applications.-- (1) In general.--An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Contents.--Each application submitted under paragraph (1) shall include information with respect to the current (as of the date of application) number of school nurses, student health acuity levels, and workload of school nurses in each of the public elementary schools and secondary schools served by the eligible entity. (d) Priority.--In awarding grants under this section, the Secretary shall give priority to each application submitted by an eligible entity that-- (1) is a high-need local educational agency, a consortium composed of high-need local education agencies, or a State educational agency in consortium with high-need local education agencies; and (2) demonstrates-- (A) the greatest need for new or additional nursing services among students in the public elementary schools and secondary schools served by the agency or consortium; or (B) that the eligible entity does not have a school nurse in any of the public elementary schools and secondary schools served by the local education agency or the consortium-member local education agencies. (e) Federal Share; Non-Federal Share.-- (1) Federal share.--The Federal share of a grant under this section-- (A) shall not exceed 75 percent for each year of the grant; and (B) in the case of a multiyear grant, shall decrease for each succeeding year of the grant, in order to ensure the continuity of the increased hiring level of school nurses using State or local sources of funding following the conclusion of the grant. (2) Non-federal share.--The non-Federal share of a grant under this section may be in cash or in kind, and may be provided from State resources, local resources, contributions from private organizations, or a combination thereof. (3) Waiver.--The Secretary may waive or reduce the non- Federal share of an eligible entity receiving a grant under this section if the eligible entity demonstrates an economic hardship. (f) Report.--Not later than 2 years after the date on which a grant is first made to a local educational agency under this section, the Secretary shall submit to Congress a report on the results of the demonstration grant program carried out under this section, including an evaluation of-- (1) the effectiveness of the program in increasing the number of school nurses; and (2) the impact of any resulting enhanced health of students on learning, such as academic achievement, attendance, and classroom time. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2017 through 2021. | Nurses for Under-Resourced Schools Everywhere Act or the NURSE Act This bill establishes a competitive demonstration grant program through which the Department of Education (ED) shall award matching funds to increase the number of school nurses in public elementary and secondary schools served by an eligible entity. An eligible entity is a state educational agency or local educational agency (LEA) in which at least 20% of students are eligible to participate in the school lunch program. In awarding grant funds, ED shall give priority to high-need LEAs that demonstrate the greatest need for new or additional nursing services. A high-need LEA is one in which at least 40% and no fewer than 15,000 students are eligible to participate in the school lunch program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Energy Promotion Act of 2011''. SEC. 2. VARIABLE VEETC RATE BASED ON PRICE OF CRUDE OIL. (a) Excise Tax Credit.-- (1) In general.--Subparagraph (A) of section 6426(b)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``and'' at the end of clause (i), (B) by inserting ``and before 2012'' after ``2008'' in clause (ii), (C) by striking the period at the end of clause (ii) and inserting ``, and'', and (D) by adding at the end the following new clauses: ``(iii) in the case of calendar year 2012, 20 cents, ``(iv) in the case of calendar year 2013, 15 cents, and ``(v) in the case of calendar quarters beginning after 2013, the applicable rate determined in accordance with the following table: ``If the average price of crude oil The applicable rate for during the preceding calendar the calendar quarter is: quarter is: Not more than $50/barrel........................... 30 cents More than $50 but not more than $60/barrel......... 24 cents More than $60 but not more than $70/barrel......... 18 cents More than $70 but not more than $80/barrel......... 12 cents More than $80 but not more than $90/barrel......... 6 cents More than $90/barrel............................... 0 cents. For purposes of the preceding table, the average price of crude oil for any calendar quarter shall be the average 3-month futures price on the New York Mercantile Exchange for light sweet crude oil for such calendar quarter.''. (2) Extension of tax credit or payment.--Sections 6426(b)(6) and 6427(e)(6)(A) of such Code are each amended by striking ``2011'' and inserting ``2016''. (b) Income Tax Credit.-- (1) In general.--The table contained in section 40(h)(2) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``calendar year'' in the heading for the first column, (B) by inserting ``Calendar year'' before ``2001'', (C) by inserting ``Calendar year'' before ``2003'', (D) by inserting ``Calendar year'' before ``2005'', (E) by inserting ``Calendar years'' before ``2009'', (F) by striking the period at the end of the table, and (G) by adding at the end the following: ``Calendar year 2012...................... 20 cents 14.8 cents Calendar year 2013........................ 15 cents 11.1 cents Any calendar quarter beginning after 2013 1st 2d applicable rate.''. and before 2017. applicable rate (2) Applicable rates.--Paragraph (3) of section 40(h) of such Code is amended to read as follows: ``(3) Applicable rates.--For purposes of this subsection, the 1st applicable rate and the 2d applicable rate shall be determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- The 1st ``If the average price of crude oil during applicable rate The 2d applicable rate for the calendar quarter the preceding calendar quarter is: for the calendar is: quarter is: ---------------------------------------------------------------------------------------------------------------- Not more than $50/barrel................... 30 cents 22.20 cents More than $50 but not more than $60/barrel. 24 cents 17.76 cents More than $60 but not more than $70/barrel. 18 cents 13.33 cents More than $70 but not more than $80/barrel. 12 cents 8.88 cents More than $80 but not more than $90/barrel. 6 cents 4.44 cents More than $90/barrel....................... 0 cents 0 cents. ---------------------------------------------------------------------------------------------------------------- For purposes of the preceding table, the average price of crude oil for any calendar quarter shall be the average 3-month futures price on the New York Mercantile Exchange for light sweet crude oil for such calendar quarter.''. (3) Extension of tax credit.--Section 40 of such Code is amended-- (A) by striking ``2011'' in subsection (e)(1)(A) and inserting ``2016'', (B) by striking ``2012'' in subsection (e)(1)(B) and inserting ``2017'', and (C) by striking ``2011'' in subsection (h)(1) and inserting ``2016''. (c) Repeal of Deadwood.--Section 6426(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (C). (d) Effective Date.--The amendments made by this section shall apply to any sale, use, or removal for any period after the date of the enactment of the Act. SEC. 3. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2016. (a) In General.--Section 40(b)(6) of the Internal Revenue Code of 1986 is amended by striking subparagraph (H). (b) Conforming Amendment.--Section 40(e) of the Internal Revenue Code of 1986 is amended by striking paragraph (3). SEC. 4. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Extension for Ethanol Refueling Property.--Subsection (g) of section 30C of the Internal Revenue Code of 1986 is amended-- (1) by striking ``and'' at the end of paragraph (1), (2) by striking the second period at the end of paragraph (2), (3) by redesignating paragraph (2) as paragraph (3), and (4) by inserting after paragraph (1) the following new paragraph: ``(2) in the case of property relating to fuel described in subsection (c)(2)(A)(ii), after December 31, 2016, and''. (b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph (A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) Any fuel-- ``(i) at least 85 percent of the volume of which consists of one or more of the following: natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen, or ``(ii) at least 85 percent of the volume of which consists of-- ``(I) ethanol, or ``(II) ethanol and one or more of the fuels described in clause (i), but only if at least 20 percent and not more than 85 percent of the volume of such fuel consists of ethanol.''. (c) Credit for Dual-Use Refueling Property.--Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Dual-use refueling property.-- ``(A) In general.--In the case of any dual-use refueling property, 100 percent of the cost of such property shall be treated as qualified alternative fuel refueling property if the taxpayer certifies, in such time and manner as the Secretary shall prescribe, that such property will be used in more than a de minimis capacity for the purposes described in section 179A(d)(3)(A) (applied as specified in subsection (c)(2)). ``(B) Recapture.--If at any time within 5 years after the date of the certification under subparagraph (A) the dual-use refueling property ceases to be used as required under such subparagraph, 100 percent of the cost of such property shall be subject to recapture under paragraph (5). ``(C) Dual-use refueling property.--For purposes of this paragraph, the term `dual-use refueling property' means property that is both qualified alternative fuel vehicle refueling property and property used-- ``(i) to store or dispense fuels not described in subsection (c)(2), or ``(ii) to store fuels described in subsection (c)(2) for any purpose other than delivery of such fuel into the fuel tank of a motor vehicle.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2011. SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY. Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2013'' and inserting ``January 1, 2017''. SEC. 6. STAGED REDUCTION OF ETHANOL TARIFF. (a) Calendar Year 2012.-- (1) In general.--Heading 9901.00.50 of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``14.27 cents'' and inserting ``5.28 cents'' in the column 1 general rate of duty and in the column 2 rate of duty; and (B) by striking ``Before 1/1/2012'' and inserting ``Before 1/1/2013''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2012. (b) Calendar Years 2013 Through 2016.-- (1) In general.--Heading 9901.00.50 of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking ``5.28 cents'' and inserting ``3.96 cents'' in the column 1 general rate of duty and in the column 2 rate of duty; and (B) by striking ``Before 1/1/2013'' and inserting ``Before 1/1/2017''. (2) Effective date.--The amendments made by paragraph (1) shall take effect on January 1, 2013. | Domestic Energy Promotion Act of 2011 - Amends the Internal Revenue Code to: (1) reduce the volumetric ethanol excise tax credit (VEETC) to 20 cents per gallon in 2012 and 15 cents per gallon in 2013; (2) link the amount of such credit to the price of crude oil for calendar quarters beginning after 2013; (3) modify the rates of the income tax credit for alcohol used as fuel and extend such credit through 2016; and (4) extend through 2016 the alternative fuel refueling property tax credit, the cellulosic producers' tax credit, and the special depreciation allowance for cellulosic biofuel plant property. Amends the Harmonized Tariff Schedule of the United States to reduce by specified amounts through 2016 the additional duties on ethyl alcohol blends (ethanol) used as fuel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``George C. Marshall Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue the following coins in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall: (1) One dollar silver coins.--Not more than 700,000 one dollar coins, each of which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (2) Half dollar clad coins.--Not more than 500,000 half dollar coins each of which shall-- (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50th anniversary of the Marshall Plan, which gave Europe's war-ravaged countries the economic strength by which they might choose freedom, and George C. Marshall, the author of the plan. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1997''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (3) Obverse side.--The obverse side of each coin minted under this Act shall bear the likeness of George C. Marshall. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the George C. Marshall Foundation, the Friends of George C. Marshall, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1997. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1997. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of-- (1) $12 per coin for the one dollar coin; and (2) $4 per coin for the half dollar coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary in equal portions to-- (1) the George C. Marshall Foundation for the purpose of supporting the Foundation's educational and outreach programs to promote the ideals and values of George C. Marshall; and (2) the Friends of George C. Marshall for the sole purpose of constructing and operating the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. (b) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the George C. Marshall Foundation and the Friends of George C. Marshall as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration. | George C. Marshall Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins and half-dollar clad coins in commemoration of the 50th anniversary of the Marshall Plan and George Catlett Marshall. Mandates that coin sale surcharges be paid equally to: (1) the George C. Marshall Foundation; and (2) the Friends of George C. Marshall for construction and operation of the George C. Marshall Memorial and Visitor Center in Uniontown, Pennsylvania. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Church Insurance Protection Act''. SEC. 2. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) any arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for any acts of arson and insurance companies should be prohibited from taking punitive measures against the churches and congregations because of the occurrence of such acts. SEC. 3. PROHIBITION OF CANCELING OR DECLINING TO RENEW FIRE INSURANCE FOR RELIGIOUS PROPERTIES. An insurer may not cancel or decline to renew any coverage for fire insurance for a religious property based on-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 4. PROHIBITION OF DISCRIMINATION IN PREMIUM CHARGES. An insurer may not require, as a condition of coverage for fire insurance for a religious property, that the insured pay a premium or contribution which is greater than the premium or contribution for similar coverage for a similarly situated property, solely on the basis of-- (1) the race, color, religion, or national origin of the members of the congregation for, members of, or participants in, the religious organization or gathering that uses the property (or the predominant number of such members or participants); (2) the status of the property as a religious property; (3) any previous occurrence of arson against the property; or (4) any threat or perceived threat of arson against the property. SEC. 5. ENFORCEMENT THROUGH DEPARTMENT OF JUSTICE. (a) In General.--The authority and responsibility for investigating violations of this Act and for enforcing this Act shall be in the Attorney General. (b) Complaints.--The Attorney General shall provide for persons aggrieved under this Act to file complaints with the Attorney General alleging violations of this Act and shall investigate such complaints to determine whether the violations have occurred. (c) Monitoring Compliance.--The Attorney General may, on the Attorney General's own initiative, take such actions as the Attorney General considers appropriate to investigate and determine compliance with this Act. SEC. 6. CIVIL ACTION. (a) Cause of Action.--Whenever the Attorney General has reasonable cause to believe that a violation of this Act has occurred and judicial action is necessary to carry out the purposes of this Act, the Attorney General may commence a civil action in any appropriate United States district court. (b) Relief.--In addition to other appropriate relief which may be granted in a civil action, the court in a civil action under subsection (a)-- (1) may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of this Act as is necessary to ensure the full enjoyment of rights granted by this Act (including an order of specific performance of any contract for insurance coverage); and (2) shall assess a civil penalty against the person determined to violate this Act in an amount of-- (A) $50,000, for a first violation; (B) $250,000, for a second violation; and (C) $500,000, for a third or subsequent violation. SEC. 7. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Coverage for fire insurance.--The term ``coverage for fire insurance'' means any property and casualty insurance coverage that includes insurance against losses, damages, expenses, and liabilities caused by fires. The term includes coverage under a policy for only the line of insurance for losses from fires and coverage for such fire losses under a policy that includes the fire line of insurance together with other lines. (2) Insurer.--The term ``insurer'' means any corporation, association, society, order, firm, company, mutual, partnership, individual, aggregation of individuals, or other legal entity that is authorized to transact the business of property or casualty insurance in any State or that is engaged in a property or casualty insurance business. (3) Religious property.--The term ``religious property'' means any church, synagogue, mosque, or other religious property, and includes any buildings and support structures used primarily for worship and related activities. | Church Insurance Protection Act - Expresses the sense of the Congress that: (1) any arson attacks against churches should be condemned; and (2) houses of worship and their congregations should be held harmless for any acts of arson and insurance companies should be prohibited from taking punitive measures against them because of such acts. Prohibits an insurer from canceling, declining to renew, or requiring a higher premium or contribution for fire insurance for a religious property based on: (1) the race, color, religion, or national origin of property users; (2) the status of the property as religious property; (3) any previous arson against the property; or (4) any perceived arson threat. Places authority and responsibility for investigating violations of, and enforcing, this Act in the Attorney General. Authorizes the Attorney General to begin a civil action. Authorizes preventive relief and mandates civil monetary damages. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006''. SEC. 2. JEAN LAFITTE NATIONAL HISTORICAL PARK AND PRESERVE BOUNDARY ADJUSTMENT. (a) In General.--Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking ``twenty thousand acres generally depicted on the map entitled `Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve' numbered 90,000B and dated April 1978,'' and inserting ``23,000 acres generally depicted on the map titled `Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve', numbered 467/80100, and dated August 2002,''. (b) Acquisition of Land.--Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended-- (1) in subsection (a)-- (A) by striking ``(a) Within the'' and all that follows through the first sentence and inserting the following: ``(a) In General.-- ``(1) Barataria preserve unit.-- ``(A) In general.--The Secretary may acquire any land, water, and interests in land and water within the boundary of the Barataria Preserve Unit, as depicted on the map described in section 901, by donation, purchase with donated or appropriated funds, but only with the consent of the owner, transfer from any other Federal agency, or exchange. ``(B) Limitations.-- ``(I) Federal land.--Any Federal land acquired in the areas identified on the map as the `Bayou aux Carpes Addition' and `CIT Tract Addition' (the `Areas') shall be transferred without consideration to the administrative jurisdiction of the National Park Service. ``(II) Easements.--Any Federal land in the Areas that is transferred under clause (I) shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. ``(III) Private interests.--Any private land, water, or interests in land and water in the Barataria Preserve Unit may be acquired by the Secretary only with the consent of the owner.''; (B) in the second sentence, by striking ``The Secretary may also'' and inserting the following: ``(2) French quarter.--The Secretary may''; (C) in the third sentence, by striking ``Lands, waters, and interests therein'' and inserting the following: ``(3) Acquisition of state land.--Land, water, and interests in land and water''; and (D) in the fourth sentence, by striking ``In acquiring'' and inserting the following: ``(4) Acquisition of oil and gas rights.--In acquiring''; (2) by striking subsections (b) through (f) and inserting the following: ``(b) Resource Protection.--With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect-- ``(1) fresh water drainage patterns; ``(2) vegetative cover; ``(3) the integrity of ecological and biological systems; and ``(4) water and air quality.''; and (3) by redesignating subsection (g) as subsection (c). (c) Hunting, Fishing, and Trapping.--Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence-- (1) by inserting after ``Barataria Marsh Unit'' ``, but only as to land, water, or interests in land and water managed by the Secretary''; and (2) by striking ``within the core area'' and all that follows through ``he may'' and inserting ``the Secretary may''. (d) Administration.--Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended-- (1) by striking the first sentence; and (2) in the second sentence, by striking ``Pending such establishment and thereafter the'' and inserting ``The''. SEC. 3. REFERENCES IN LAW. (a) In General.--Any reference in a law (including regulations), map, document, paper, or other record of the United States-- (1) to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or (2) to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (b) Conforming Amendments.--Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended-- (1) by striking ``Barataria Marsh Unit'' each place it appears and inserting ``Barataria Preserve Unit''; and (2) by striking ``Jean Lafitte National Historical Park'' each place it appears and inserting ``Jean Lafitte National Historical Park and Preserve''. Passed the House of Representatives September 25, 2006. Attest: KAREN L. HAAS, Clerk. | Jean Lafitte National Historical Park and Preserve Boundary Adjustment Act of 2006 - Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana by increasing the acreage limitation; and (2) authorize the Secretary of the Interior (the Secretary) to acquire any such additional land, water, and interests in land and water by donation, purchase (but only with the owner's consent), transfer from any other federal agency, or exchange. Requires, with respect to the Bayou aux Carpes Addition and the CIT Tract Addition, any federal land acquired in such Additions to: (1) be transferred without consideration to the administrative jurisdiction of the National Park Service; and (2) any federal land in the Additions that is transferred, be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army. Permits the acquisition of any private land, water, or interests in land and water in the Unit only with the owner's consent. Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit. Permits hunting, fishing, and trapping within the Unit, but only as to land, water, or interests in land and water managed by the Secretary. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted except for public safety reasons. |
. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are consistent with the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a Medicare+Choice product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or contribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (18) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (19) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred. | Medical Malpractice Rx Act - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) certain actions for damages arising from a vaccine-related injury or death; or (2) an action under the Employee Retirement Income Security Act of 1974 (ERISA).Establishes a five-year maximum statute of limitations for health care liability actions. Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages ($500,000 maximum) in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages.Requires for the award of punitive damages that the claimant establish that the harm was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others.Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device where: (1) the drug or device was subject to Food and Drug Administration (FDA) premarket safety and labeling approval; or (2) the drug is generally recognized as safe and effective pursuant to FDA conditions.Allows punitive damages if the defendant: (1) intentionally and wrongfully withheld from or misrepresented material information; or (2) made an illegal payment to an FDA official or employee.Prohibits punitive damages against a drug manufacturer or product seller relating to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging unless the court finds that such packaging or labeling is substantially out of regulatory compliance.Permits defendants to introduce evidence of collateral source payments.Entitles the prevailing party in an action to attorney's fees from the non-prevailing party under specified conditions.Specifies contingent fee limits. Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act. |
s, Amendments, Amendments Between the Houses, and Conference Reports.-- (1) In general.--It shall not be in order in the Senate to consider a bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that includes an earmark. (2) Procedure.-- (A) In general.--Upon a point of order being made by any Senator under paragraph (1) against an earmark, and such point of order being sustained, such earmark shall be stricken. (B) Form of the point of order.--A point of order under paragraph (1) may be raised by a Senator as provided in section 313(e) of the Congressional Budget Act of 1974 (2 U.S.C. 644(e)). (b) Conference Report and Amendment Between the Houses Procedure.-- When the Senate is considering a conference report, or an amendment between the Houses-- (1) upon a point of order being made by any Senator under subsection (a) with respect to one or more earmarks, and such point of order being sustained, such earmarks shall be stricken; and (2) after all points of order under subsection (a) have been disposed of-- (A) the Senate shall proceed to consider the question of whether the Senate shall recede from its amendment and concur with a further amendment, or concur in the House amendment with a further amendment, as the case may be, which further amendment shall consist of only that portion of the conference report or House amendment, as the case may be, not so stricken; (B) any such motion in the Senate shall be debatable under the same conditions as was the conference report or amendment between the Houses; and (C) in any case in which such point of order is sustained against a conference report (or Senate amendment derived from such conference report by operation of this subsection), no further amendment shall be in order. (c) Waiver; Appeal.--A point of order under subsection (a) may be waived only by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. An affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under subsection (a). (d) Definitions.-- (1) Earmark.--For the purpose of this section, the term ``earmark'' means a provision or report language included primarily at the request of a Senator or Member of the House of Representatives as certified under paragraph 1(a)(1) of rule XLIV of the Standing Rules of the Senate-- (A) providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process; (B) that-- (i) provides a Federal tax deduction, credit, exclusion, or preference to a particular beneficiary or limited group of beneficiaries under the Internal Revenue Code of 1986; and (ii) contains eligibility criteria that are not uniform in application with respect to potential beneficiaries of such provision; or (C) modifying the Harmonized Tariff Schedule of the United States in a manner that benefits ten or fewer entities. (2) Determination by the senate.--In the event the Chair is unable to ascertain whether a provision with respect to which a Senator raises a point of order under subsection (a) constitutes an earmark, the question of whether the provision constitutes an earmark shall be submitted to the Senate and be decided without debate by an affirmative vote of two-thirds of the Senators, duly chosen and sworn. (e) Application.--This section shall not apply to any authorization of appropriations to a Federal entity if such authorization is not specifically targeted to a State, locality, or congressional district. | Earmark Elimination Act of 2018 This bill establishes a point of order in the Senate against considering legislation that includes an earmark. Under the bill, an "earmark" is a congressionally directed spending item, tax benefit, or tariff benefit targeted to a specific recipient or group of beneficiaries. The point of order may be waived by an affirmative vote of two-thirds of the Members of the Senate, duly chosen and sworn. If the point of order is successfully raised and sustained, the earmark shall be stricken from the legislation. |
SECTION 1. COMMISSION. This Act may be cited as the ``Protect our Kids Act of 2011''. SEC. 2. FINDINGS. Congress finds that-- (1) deaths from child abuse and neglect are preventable; (2) deaths from child abuse and neglect are significantly underreported and there is no national standard for reporting such deaths; (3) according to the National Child Abuse and Neglect Data System, in fiscal year 2009 approximately 1,770 children in the United States are reported to have died from child abuse and neglect, and many experts believe that the actual number may be significantly more; (4) nearly half of the number of children in the United States who die from abuse are under the age of 1, and more than 80 percent are under the age of 4; (5) in 2009, of deaths from child abuse and neglect-- (A) nearly 36 percent were caused by neglect; (B) 23 percent were caused by physical abuse; and (C) more than 36 percent were caused by multiple forms of maltreatment; (6) each year approximately 6,000,000 children in the United States are referred to child protective services because of allegations of child abuse and neglect; and (7) increased understanding of deaths from child abuse and neglect can lead to improvement in agency systems and practices to protect children and prevent child abuse and neglect. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established the Commission to Eliminate Child Abuse and Neglect Fatalities (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.-- (A) Number.--The Commission shall be composed of not fewer than 12 and not more than 15 members, all of whom shall be appointed by the President. (B) Qualifications.--Each member appointed under subparagraph (A) shall have experience in 1 or more areas consisting of-- (i) State child welfare agency administration; (ii) child welfare advocacy; (iii) child development; (iv) trauma and crisis intervention; (v) pediatrics; (vi) child psychology and mental health; (vii) emergency medicine; (viii) forensic pathology or medical investigation of injury and fatality; (ix) social work with field experience; (x) academia at an institution of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), with a focus on 1 or more of the other areas listed under this subparagraph; (xi) law enforcement, with experience handling child abuse and neglect matters; (xii) civil law, with experience handling child abuse and neglect matters; (xiii) criminal law, with experience handling child abuse and neglect matters; (xiv) substance abuse treatment; (xv) education at an elementary school or secondary school, as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801); (xvi) epidemiology; and (xvii) computer science or software engineering with a background in interoperability standards. (C) Experience.--The Commission shall have 1 or more members with experience in each of the areas listed in subparagraph (B). (2) Date.--The appointments of the members of the Commission shall be made not later than 90 days after the date of enactment of this Act. (c) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (g) Chairperson.--The President shall select a Chairperson for the Commission from among its members. SEC. 4. DUTIES OF THE COMMISSION. (a) Study.-- (1) In general.--The Commission shall conduct a thorough study on reducing fatalities from child abuse and neglect. (2) Matters studied.--The matters studied by the Commission shall include-- (A) the incidence of fatalities from child abuse and neglect in the United States and whether that incidence has been increasing over time; (B) the feasibility of establishing a system that accurately records incidents of child abuse and neglect; (C) practices that can prevent fatalities from child abuse and neglect; (D) the role of parental substance abuse, parental mental health issues, and domestic violence in increasing the incidence of child abuse and neglect; (E) the adequacy and effectiveness of programs, including child health services, mental health services, child protective services, child welfare services, education, child care, juvenile justice services, and law enforcement activities, designed to identify and prevent child (includes youth) fatalities that are intentionally caused or that occur due to negligence, neglect, or a failure to exercise proper care; (F) the effectiveness of Federal, State, and local policies and systems aimed at appropriately identifying and collecting accurate, uniform data on child fatalities in a coordinated fashion, including the identification of the most and least effective policies and systems in practice; (G) the adequacy of Federal, State, and local efforts to obtain an appropriate distribution of properly trained child health services, mental health services, child protective services, child welfare services, education, child care, juvenile justice services, and law enforcement personnel to identify and prevent child fatalities; (H) the current (as of the date of the study) resource limitations and barriers to preventing fatalities from child abuse and neglect, and how to improve efficiency of use of those current resources to improve child welfare outcomes; (I) identification of best practices in evaluating programs for effectiveness in preventing child abuse and neglect and fatalities from child abuse and neglect; (J) methods of prioritizing child abuse and neglect prevention services for families with the highest need, including exploring prioritization based on risk factors beyond poverty; (K) the correlation between animal abuse and child abuse, including whether additional research and policy changes could better address that correlation and whether there are warning signs that animal abuse may escalate to child abuse; (L) methods of improving data collection and utilization, such as increasing interoperability among State and local systems and using other effective and financially feasible approaches; (M) identification of best practices and models for promoting child welfare, specifically addressing child abuse and neglect; (N) identification of requirements and national standards for training and education for child welfare workers; (O) the potential impact of a Federal law mandating the review of fatalities of children; (P) the development of a model protocol for assuring that civil and criminal legal proceedings are closely coordinated between child protection and law enforcement agencies, including coordination between law enforcement personnel, child protection services personnel, prosecutors, medical providers, victim advocates, and mental health professionals; (Q) the potential effectiveness of a targeted public education campaign focused on community involvement to reduce child abuse and neglect; (R) possible modifications to confidentiality laws that would increase access to information and better protect child victims; (S) examination of public and private models for improving child welfare outcomes, including suggestions for expanding the most effective approaches; (T) examination of sources for available data beyond fatalities, such as data on serious injuries and ``near misses''; (U) development of guidelines for the type of instances that should be tracked to improve child welfare response and interventions to prevent fatalities from child abuse and neglect; and (V) consideration of past recommendations from the Advisory Board on Child Abuse and Neglect, including updates on those recommendations. (3) Materials studied.--The Commission shall review all current (as of the date of the study) research and documentation, including the National Survey of Child and Adolescent Well-Being and research and recommendations from the Government Accountability Office, to identify lessons, solutions, and needed improvements related to reducing fatalities from child abuse and neglect. (b) Coordination.--The Commission shall-- (1) provide opportunities for graduate and doctoral students to coordinate research with the Commission; and (2) coordinate with institutions of higher education, as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001), interested in supporting the work of the Commission. (c) Recommendations.--The Commission shall develop recommendations for Federal, State, and local agencies, and private sector and nonprofit organizations to implement a comprehensive national strategy that reduces fatalities from child abuse and neglect. (d) Report.-- (1) In general.--Not later than 3 years after the date of the enactment of this Act, the Commission shall submit a report to the President and Congress, which shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislation and administrative actions as it considers appropriate. (2) Online access.--The Commission shall make the report under paragraph (1) available on the publicly available Internet Web site of the Department of Health and Human Services. SEC. 5. POWERS OF THE COMMISSION. (a) Hearings.-- (1) In general.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this Act. (2) Location.--The location of hearings under paragraph (1) shall include-- (A) areas with high fatality rates from child abuse and neglect; and (B) areas that have shown a decrease in fatalities from child abuse and neglect. (3) Subject.--The Commission shall hold hearings under paragraph (1)-- (A) to examine the Federal, State, and local policies and available resources that affect fatalities from child abuse and neglect; and (B) to explore the matters studied under section 4(a)(2). (b) Information From Federal Agencies.--The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. COMMISSION PERSONNEL MATTERS. (a) Compensation of Members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel Expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff.-- (1) In general.--The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services.--The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. SEC. 7. TERMINATION OF THE COMMISSION. (a) In General.--The Commission shall terminate on the earlier of-- (1) the 90th day after the date on which the Commission submits its report under section 4(d); or (2) the day that is 3 years after the initial meeting under section 3(d). (b) Exception.--The President may extend the termination date under subsection (a)(2) by an additional 1 year. SEC. 8. FEDERAL AGENCY RESPONSE. Not later than 6 months after the submission of the report required under section 4(d), any Federal agency that is affected by a recommendation described in the report shall submit to Congress a report containing the response of the Federal agency to the recommendation and the plans of the Federal agency to address the recommendation. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated $2,000,000 for each of fiscal years 2012, 2013, and 2014 to the Commission to carry out this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. | Protect our Kids Act of 2011 - Establishes the Commission to Eliminate Child Abuse and Neglect Fatalities to conduct a thorough study on reducing fatalities from child abuse and neglect. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Give Fans a Chance Act of 2001''. SEC. 2. AMENDMENT TO ANTITRUST EXEMPTION. The Act of September 30, 1961 (Public Law 87-331; 15 U.S.C. 1291 et seq.), is amended by adding at the end the following: ``SEC. 7. CONDITIONAL APPLICATION OF ACT. ``(a) Inapplicability.--This Act shall not apply to a league of clubs of a professional sport for any period during which any member club of such league is-- ``(1) subject to such league's requirement, or to an agreement made by 2 or more member clubs of such league, that forbids any of such clubs to transfer (by sale or otherwise) an ownership interest of any kind in such club to any governmental entity or to members of the general public; or ``(2) not in compliance with subsection (b) or (c). ``(b) Notice of Proposed Change in Community; Opportunities To Respond to Proposed Relocation or Elimination.-- ``(1) In general.--A member club that proposes to relocate, or a league that proposes to relocate or eliminate a member club, out of a community in the home territory of the member club shall furnish notice of such proposed relocation or elimination not later than 180 days before the commencement of the season in which the club is to play home games in the proposed new location. ``(2) Persons entitled to receive notice.--The notice required by paragraph (1) shall be furnished to all interested persons. ``(3) Requirements.--The notice shall-- ``(A) be in writing and delivered in person or by certified mail; ``(B) be made available to the news media; ``(C) be published in 1 or more newspapers of general circulation within the club's home community; and ``(D) contain-- ``(i) an identification of the proposed new home community of such club if applicable; ``(ii) a summary of the reasons for the proposed relocation or elimination based on the criteria listed in subsection (c); and ``(iii) the date on which the proposed relocation or elimination would become effective. ``(4) Opportunity to offer to purchase.-- ``(A) In general.--During the 180-day notice period specified in paragraph (1), a local government, stadium, arena authority, person, or any combination thereof, may prepare and present a proposal to purchase the club to retain the club in the home community. ``(B) Membership in league.--If a bid under subparagraph (A) is successful, the league of which the club is a member shall not prohibit the club's membership in the league on the basis that the club is owned in whole or in part by several persons or entities, or by 1 or more local governments. ``(5) Opportunity to induce club to stay.--During the 180- day notice period specified in paragraph (1), the club (and the league of which the club is a member) shall give a local government, stadium authority, person, or any combination thereof, the opportunity to prepare and present a proposal to induce the club to remain in its home community. ``(6) Response.--The response of the owner of the club to any offer made under paragraph (4) or (5) shall-- ``(A) be in writing and delivered in person or by certified mail; and ``(B) state in detail the reasons for refusal of any bona fide offer. ``(7) Determination by league.-- ``(A) In general.--The league of which the club is a member shall make a determination, before the expiration of the 180-day notice period specified in paragraph (1), with respect to the relocation or elimination of the club out of its home community. ``(B) Hearings.--In making a determination under this paragraph, the league shall conduct a hearing at which interested persons are afforded an opportunity to present oral or written testimony regarding the proposed relocation or elimination of the club. The league shall keep a record of all such proceedings. ``(C) Consideration of proposals.--The league shall take into account any inducement proposal that is offered under paragraph (5). ``(8) Considerations.--In determining whether to approve or disapprove the relocation or elimination of the club, the league shall take into consideration the criteria listed in subsection (c). ``(c) Criteria for Relocation or Elimination Decisions.-- Notwithstanding any other law, before making a decision to approve or disapprove the relocation or elimination of a club out of its home community, the league of which such club is a member shall take into consideration-- ``(1) the extent to which fan loyalty to and support for the club has been demonstrated during the club's operation in such community; ``(2) the degree to which the club has engaged in good faith negotiations with appropriate persons concerning terms and conditions under which the club would continue to play home games in such community or elsewhere within the club's home territory; ``(3) the degree to which the ownership or management of the club has contributed to any circumstances that might demonstrate the need for the relocation or elimination; ``(4) the extent to which the club, directly or indirectly, received public financial support by means of any publicly financed playing facility, special tax treatment, or any other form of public financial support; ``(5) the adequacy of the stadium in which the club played its home games in the previous season, and the willingness of the stadium, arena authority, or local government to remedy any deficiencies in the facility; ``(6) whether the club has incurred net operating losses, exclusive of depreciation and amortization, sufficient to threaten the continued financial viability of the club; ``(7) whether any other club in the league is located in the same home community; ``(8) whether the club proposes to relocate to a community that is the home community of another member club of the league; ``(9) whether the stadium authority, if public, is opposed to the proposed relocation or elimination; and ``(10) whether there is a bona fide investor offering fair market value for the club and seeking to retain the club in such community.''. SEC. 3. EFFECTIVE DATE. This Act and the amendment made by this Act shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. | Give Fans a Chance Act of 2001 - Provides that the antitrust exemption applicable to broadcasting agreements made by professional sports leagues shall not apply to a league for any period during which any member club is: (1) subject to a league's requirement or to an agreement made by two or more member clubs that forbids any of such clubs to transfer an ownership interest to any governmental entity or to members of the general public; or (2) not in compliance with the following relocation or elimination requirements.Requires a member club or a league to furnish notice of a proposed relocation of a club out of its home territory or of club elimination not later than 180 days before the commencement of the new season. Provides that, during the notice period: (1) a local government, stadium, arena authority, person, or any combination thereof (local government) may prepare and present a proposal to purchase the club to retain it in the home community; and (2) the club and the league shall give a local government the opportunity to present a proposal to induce the club to remain. Directs the league to make a determination, before the expiration of the notice period, regarding the relocation or elimination. Sets forth criteria for relocation or elimination decisions, including the extent to which fan loyalty to and support for the club has been demonstrated. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Equity Act of 2009''. SEC. 2. REGIONAL COST-OF-LIVING ADJUSTMENTS IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Subsection (f) of section 1 of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by adding at the end thereof the following new paragraphs: ``(9) Regional cost-of-living adjustments.-- ``(A) In general.--In the case of an individual, the rate table otherwise in effect under this section for any taxable year (determined after the application of paragraph (1)) shall be further adjusted as provided in subparagraph (B). ``(B) Method of making regional adjustment.--The rate table otherwise in effect under this section with respect to any individual for any taxable year shall be adjusted as follows: ``(i) The minimum and maximum dollar amounts otherwise in effect for each rate bracket shall be multiplied by the applicable multiplier (for the calendar year in which the taxable year begins) which applies to the statistical area in which the individual's primary place of abode during the taxable year is located. ``(ii) The rate applicable to any rate bracket (as adjusted by clause (i)) shall not be changed. ``(iii) The amount setting forth the tax shall be adjusted to the extent necessary to reflect the adjustments in the rate brackets. If any amount determined under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(10) Determination of multipliers.-- ``(A) In general.--Not later than December 15 of each calendar year, the Secretary shall prescribe an applicable multiplier for each statistical area of the United States which shall apply to taxable years beginning during the succeeding calendar year. ``(B) Determination of multipliers.-- ``(i) For each statistical area where the cost-of-living differential for any calendar year is greater than 125 percent, the applicable multiplier for such calendar year is 90 percent of such differential. ``(ii) For each statistical area where the cost-of-living differential for any calendar year exceeds 97 percent but does not exceed 125 percent, the applicable multiplier for such calendar year is 1.05. ``(iii) For each statistical area not described in clause (i) or (ii), the applicable multiplier is the cost-of-living differential for the calendar year. ``(C) Cost-of-living differential.--The cost-of- living differential for any statistical area for any calendar year is the percentage determined by dividing-- ``(i) the cost-of-living for such area for the preceding calendar year; by ``(ii) the average cost-of-living for the United States for the preceding calendar year. ``(D) Cost-of-living for area.-- ``(i) In general.--For each calendar year beginning after 2009, the Secretary of Labor shall determine and publish a cost-of-living index for each statistical area. ``(ii) Methodology.--The cost-of-living index determined under clause (i) for any statistical area for any calendar year shall be based on average market prices for the area for the 12-month period ending on August 31 of such calendar year. The market prices taken into account under the preceding sentence shall be selected and used under the same methodology as is used by the Secretary of Labor in developing the Consumer Price Index for All Urban Consumers. ``(E) Statistical area.--For purposes of this subsection the term `statistical area' means-- ``(i) any metropolitan statistical area as defined by the Secretary of Commerce, and ``(ii) the portion of any State not within a metropolitan statistical area as so defined. ``(11) Areas outside the united states.--The area applicable multiplier for any area outside the United States shall be 1.'' (b) Effective Date.-- (1) In general.--The amendment made by this section shall apply to taxable years beginning after December 31, 2009. (2) Transition rule.--Notwithstanding section 1(f)(9)(A) of the Internal Revenue Code (as added by this section), the date for prescribing applicable multipliers for taxable years beginning in calendar year 2010 shall be the date 1 year after the date of the enactment of this Act. | Tax Equity Act of 2009 - Amends the Internal Revenue Code to provide regional cost-of-living adjustments in individual income tax rates. Directs the Secretary of Labor to produce a regional cost-of-living index. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family-Friendly Workplace Act''. SEC. 2. COMPENSATORY TIME. Section 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 207) is amended by adding at the end the following: ``(r) Compensatory Time Off for Private Employees.-- ``(1) General rule.-- ``(A) Compensatory time off.--An employee may receive, in accordance with this subsection and in lieu of monetary overtime compensation, compensatory time off at a rate not less than one and one-half hours for each hour of employment for which overtime compensation is required by this section. ``(B) Definition.--For purposes of this subsection, the term `employee' does not include an employee of a public agency. ``(2) Conditions.--An employer may provide compensatory time to employees under paragraph (1)(A) only if such time is provided in accordance with-- ``(A) applicable provisions of a collective bargaining agreement between the employer and the labor organization which has been certified or recognized as the representative of the employees under applicable law; or ``(B) in the case of employees who are not represented by a labor organization which has been certified or recognized as the representative of such employees under applicable law, an agreement arrived at between the employer and employee before the performance of the work and affirmed by a written or otherwise verifiable record maintained in accordance with section 11(c)-- ``(i) in which the employer has offered and the employee has chosen to receive compensatory time in lieu of monetary overtime compensation; and ``(ii) entered into knowingly and voluntarily by such employees and not as a condition of employment. No employee may receive or agree to receive compensatory time off under this subsection unless the employee has worked at least 1000 hours for the employee's employer during a period of continuous employment with the employer in the 12-month period before the date of agreement or receipt of compensatory time off. ``(3) Hour limit.-- ``(A) Maximum hours.--An employee may accrue not more than 160 hours of compensatory time. ``(B) Compensation date.--Not later than January 31 of each calendar year, the employee's employer shall provide monetary compensation for any unused compensatory time off accrued during the preceding calendar year which was not used prior to December 31 of the preceding year at the rate prescribed by paragraph (6). An employer may designate and communicate to the employer's employees a 12-month period other than the calendar year, in which case such compensation shall be provided not later than 31 days after the end of such 12-month period. ``(C) Excess of 80 hours.--The employer may provide monetary compensation for an employee's unused compensatory time in excess of 80 hours at any time after giving the employee at least 30 days notice. Such compensation shall be provided at the rate prescribed by paragraph (6). ``(D) Policy.--Except where a collective bargaining agreement provides otherwise, an employer which has adopted a policy offering compensatory time to employees may discontinue such policy upon giving employees 30 days notice. ``(E) Written request.--An employee may withdraw an agreement described in paragraph (2)(B) at any time. An employee may also request in writing that monetary compensation be provided, at any time, for all compensatory time accrued which has not yet been used. Within 30 days of receiving the written request, the employer shall provide the employee the monetary compensation due in accordance with paragraph (6). ``(4) Private employer actions.--An employer which provides compensatory time under paragraph (1) to employees shall not directly or indirectly intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce any employee for the purpose of-- ``(A) interfering with such employee's rights under this subsection to request or not request compensatory time off in lieu of payment of monetary overtime compensation for overtime hours; or ``(B) requiring any employee to use such compensatory time. ``(5) Termination of employment.--An employee who has accrued compensatory time off authorized to be provided under paragraph (1) shall, upon the voluntary or involuntary termination of employment, be paid for the unused compensatory time in accordance with paragraph (6). ``(6) Rate of compensation.-- ``(A) General rule.--If compensation is to be paid to an employee for accrued compensatory time off, such compensation shall be paid at a rate of compensation not less than-- ``(i) the regular rate received by such employee when the compensatory time was earned; or ``(ii) the final regular rate received by such employee, whichever is higher. ``(B) Consideration of payment.--Any payment owed to an employee under this subsection for unused compensatory time shall be considered unpaid overtime compensation. ``(7) Use of time.--An employee-- ``(A) who has accrued compensatory time off authorized to be provided under paragraph (1); and ``(B) who has requested the use of such compensatory time, shall be permitted by the employee's employer to use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the employer. ``(8) Definitions.--The terms `overtime compensation' and `compensatory time' shall have the meanings given such terms by subsection (o)(7).''. SEC. 3. REMEDIES. Section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended-- (1) in subsection (b), by striking ``(b) Any employer'' and inserting ``(b) Except as provided in subsection (f), any employer''; and (2) by adding at the end the following: ``(f) An employer which violates section 7(r)(4) shall be liable to the employee affected in the amount of the rate of compensation (determined in accordance with section 7(r)(6)(A)) for each hour of compensatory time accrued by the employee and in an additional equal amount as liquidated damages reduced by the amount of such rate of compensation for each hour of compensatory time used by such employee.''. SEC. 4. NOTICE TO EMPLOYEES. Not later than 30 days after the date of the enactment of this Act, the Secretary of Labor shall revise the materials the Secretary provides, under regulations published at 29 CFR 516.4, to employers for purposes of a notice explaining the Fair Labor Standards Act of 1938 to employees so that such notice reflects the amendments made to such Act by this Act. SEC. 5. SUNSET. This Act and the amendments made by this Act shall expire 5 years after the date of the enactment of this Act. | Family-Friendly Workplace Act - Amends the Fair Labor Standards Act of 1938 to authorize private employers to provide compensatory time off to private employees, at a rate of 1 1/2 hours per hour of employment for which overtime compensation is required. Authorizes an employer to provide compensatory time only if it is in accordance with an applicable collective bargaining agreement or, in the absence of such an agreement, an agreement between the employer and employee. Prohibits an employee from accruing more than 160 hours of compensatory time. Requires an employee's employer to provide monetary compensation, after the end of a calendar year, for any unused compensatory time off accrued during the preceding year. Requires an employer to give employees 30-day notice before discontinuing compensatory time off. Prohibits an employer from intimidating, threatening, or coercing an employee in order to: (1) interfere with the employee's right to request or not to request compensatory time off in lieu of payment of monetary overtime compensation; or (2) require an employee to use such compensatory time. Makes an employer who violates such requirements liable to the affected employee in the amount of the compensation rate for each hour of compensatory time accrued, plus an additional equal amount as liquidated damages, reduced for each hour of compensatory time used. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Preventive Health Awareness Campaign''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Well-woman visits are the foundation on which women's preventive care is built. Such visits include not only specific screening tests, but also a medical history, physical examination, evaluation and counseling, and, as indicated, vaccinations. (2) Over the past 20 years, it has become clear that ``one size does not fit all'' when it comes to prevention. Although a 30-year-old woman without risk factors for cervical cancer may only need a Pap test with HPV co-testing every 5 years, the same woman would need more frequent screening if she were infected with HIV or had a history of cervical cancer precursors. (3) It is only after taking a medical history and evaluating and counseling a patient that a physician can make patient-specific recommendations for screening tests, vaccinations, preventive medications, and other preventive services. (4) Well-woman visits facilitate increased access to health care that is shown to identify chronic disease risk factors, promote well-being, and decrease the likelihood or delay the onset of a targeted disease or condition. (5) Heart disease, stroke, and other cardiovascular diseases are the number one cause of death in American women, claiming over 400,000 lives each year, or nearly one death each minute. (6) Women are less likely than men to receive aggressive diagnosis and treatment for cardiovascular diseases. (7) Women are more likely than men to have forgone needed health care due to cost. (8) Between 2002 and 2010, screening mammography rates among women in the United States who were 50 years of age to 64 years of age declined from about 79 percent to 73 percent. (9) In 2009, only 53 percent of 18- to 64-year-olds in the United States reported having ever received an HIV test. (10) The proportion of women in the United States 22 years of age to 30 years of age who reported never having had a Pap test increased from 6.6 percent in 2000 to 9.0 percent in 2010 despite current recommendations that they receive a Pap test every three years. (11) In 2007, 29.3 percent of women in the United States delivering a live birth did not receive any prenatal care in the first trimester, even though first trimester prenatal care is recommended. (12) Among sexually active females in the United States who are 16 years of age to 20 years of age, only 52.7 percent of such females receiving benefits under the Medicaid program and 40.1 percent of such females with health insurance coverage under commercial health insurance plans were screened for genital Chlamydia infections during the measurement year, as reported in 2008. A 2013 analysis published by the Centers for Disease Control and Prevention found that for Chlamydia cases diagnosed in 2008 alone, the associated lifetime direct medical costs amount to $516.7 million. (13) Almost half (49 percent) of the 6.7 million pregnancies in the United States each year (3.2 million) are unintended. Multiple studies have shown that improved access to birth control significantly improves the health of women and their families, as it is directly linked to improved maternal and infant health outcomes. Women that plan their pregnancies are more likely to access prenatal care, improving their own health and the health of their children. (14) Between 2006 and 2010, one-third of all pregnancies were conceived within 18 months of a previous birth, an interval that is potentially harmful to the health of the mother. (15) Improved access to family planning also saves money. For every $1.00 invested in family planning, taxpayers save nearly $4.00 in Medicaid-related expenses. (16) During the 2011-2012 flu season, 53 percent of pregnant women did not receive recommended vaccination against influenza. SEC. 3. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. Part P of title III of the Public Health Service Act (42 U.S.C. 280g et al.) is amended by adding at the end the following new section: ``SEC. 399V-6. WOMEN'S PREVENTIVE HEALTH AWARENESS CAMPAIGN. ``(a) In General.--The Secretary shall provide for the planning and implementation of a national public outreach and education campaign to raise public awareness, including provider awareness, of women's preventive health. Such campaign shall include the media campaign under subsection (b) and the website under subsection (c) and shall provide for the dissemination of information that-- ``(1) describes the guidelines for women's preventive services, including the cervical cancer recommendations updated in 2012, by the United States Preventive Services Task Force, by the American College of Obstetricians and Gynecologists (ACOG), and by the American Cancer Society, the American Society for Colposcopy and Cervical Pathology, and the American Society for Clinical Pathology; ``(2) promotes well-woman visits for health assessments which include screenings, evaluations, counseling, immunizations, and prenatal visits, as appropriate; ``(3) explains the women's preventive services that are required under section 2713 to be covered without cost-sharing by a group health plan or a health insurance issuer offering group or individual health insurance coverage that is not a grandfathered plan (as defined in section 1251(e) of the Patient Protection and Affordable Care Act); and ``(4) addresses health disparities in the area of women's prevention. ``(b) Media Campaign.-- ``(1) In general.--Not later than 1 year after the date of the enactment of this section, as part of the campaign under subsection (a), the Secretary shall establish and implement a national media campaign. ``(2) Requirement of campaign.--The campaign implemented under paragraph (1)-- ``(A) shall disseminate information about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits described in subsection (a)(2), and provide information on the women's preventive services described in subsection (a)(3); and ``(B) may include the use of television, radio, Internet, and other commercial marketing venues. ``(c) Website.--As part of the campaign under subsection (a), the Secretary shall, in consultation with private sector experts or through contract with a private entity including a medical association or non- profit organization, maintain and update an Internet website to provide information and resources about the updated guidelines for women's preventive services described in subsection (a)(1), promote well-woman visits, and provide information on the women's preventive services described in subsection (a)(3). ``(d) Funding.--The Secretary may use, out of any funds otherwise made available to the Department of Health and Human Services, such sums as may be necessary to carry out this section.''. | Women's Preventive Health Awareness Campaign - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to: (1) provide for the planning and implementation of a national public outreach and educational campaign to raise public awareness, including provider awarenesss, of women's preventive health; and (2) establish a national media campaign and maintain and update an appropriate Internet website as part of such campaign. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Good Samaritan Search and Recovery Act''. SEC. 2. EXPEDITED ACCESS TO CERTAIN FEDERAL LAND. (a) Definitions.--In this section: (1) Eligible.--The term ``eligible'', with respect to an organization or individual, means that the organization or individual, respectively, is-- (A) acting in a not-for-profit capacity; and (B) certificated in training that meets or exceeds standards established by the American Society for Testing and Materials. (2) Good samaritan search-and-recovery mission.--The term ``good Samaritan search-and-recovery mission'' means a search for 1 or more missing individuals believed to be deceased at the time that the search is initiated. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as applicable. (b) Process.-- (1) In general.--Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions. (2) Inclusions.--The process developed and implemented under this subsection shall include provisions to clarify that-- (A) an eligible organization or individual granted access under this section-- (i) shall be acting for private purposes; and (ii) shall not be considered to be a Federal volunteer; (B) an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54, United States Code; (C) chapter 171 of title 28, United States Code (commonly known as the ``Federal Tort Claims Act''), shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and (D) chapter 81 of title 5, United States Code (commonly known as the ``Federal Employees Compensation Act''), shall not apply to an eligible organization or individual conducting a good Samaritan search-and- recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment. (c) Release of Federal Government From Liability.--The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual-- (1) acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and (2) signs a waiver releasing the Federal Government from all liability relating to the access granted under this section. (d) Approval and Denial of Requests.-- (1) In general.--The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made. (2) Denials.--If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of-- (A) the reason for the denial of the request; and (B) any actions that the eligible organization or individual can take to meet the requirements for the request to be approved. (e) Partnerships.--Each Secretary shall develop search-and- recovery-focused partnerships with search-and-recovery organizations-- (1) to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and (2) to expedite and accelerate good Samaritan search-and- recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary. (f) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a joint report describing-- (1) plans to develop partnerships described in subsection (e)(1); and (2) efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2). | Good Samaritan Search and Recovery Act Directs the Department of the Interior and the Department of Agriculture (USDA) to implement a process to provide eligible organizations and individuals expedited access to federal land to conduct good Samaritan search-and-recovery missions, which are searches for one or more missing individuals believed to be deceased at the time that the search is initiated. Sets forth procedures for the approval or denial of requests made by eligible organizations or individuals to carry out a good Samaritan search-and-recovery mission. Requires Interior and USDA to develop search-and-recovery focused partnerships with search-and-recovery organizations to coordinate good Samaritan search-and-recovery missions, and expedite and accelerate mission efforts for missing individuals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Water Supply Permitting Coordination Act''. SEC. 2. DEFINITIONS. In this Act: (1) Bureau.--The term ``Bureau'' means the Bureau of Reclamation. (2) Cooperating agencies.--The term ``cooperating agency'' means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 3(c). (3) Qualifying projects.--The term ``qualifying projects'' means new surface water storage projects in the States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding, unless the project applicant elects not to participate in the process authorized by this Act. Such term shall also include State-led projects (as defined in section 4007(a)(2) of the WIIN Act) for new surface water storage projects in the States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding, unless the project applicant elects not to participate in the process authorized by this Act. (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. ESTABLISHMENT OF LEAD AGENCY AND COOPERATING AGENCIES. (a) Establishment of Lead Agency.--The Bureau is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects. (b) Identification and Establishment of Cooperating Agencies.--The Commissioner of the Bureau shall-- (1) identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and (2) notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency-- (A) has no jurisdiction or authority with respect to the qualifying project; (B) has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or (C) does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau. (c) State Authority.--A State in which a qualifying project is being considered may choose, consistent with State law-- (1) to participate as a cooperating agency; and (2) to make subject to the processes of this Act all State agencies that-- (A) have jurisdiction over the qualifying project; (B) are required to conduct or issue a review, analysis, or opinion for the qualifying project; or (C) are required to make a determination on issuing a permit, license, or approval for the qualifying project. SEC. 4. BUREAU RESPONSIBILITIES. (a) In General.--The principal responsibilities of the Bureau under this Act are-- (1) to serve as the point of contact for applicants, State agencies, Indian tribes, and others regarding proposed qualifying projects; (2) to coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and (3) to coordinate all Federal agency reviews necessary for project development and construction of qualifying projects. (b) Coordination Process.--The Bureau shall have the following coordination responsibilities: (1) Preapplication coordination.--Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian tribes-- (A) to explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and (B) to establish the schedule for the qualifying project. (2) Consultation with cooperating agencies.--Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies. (3) Schedule.--Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors-- (A) the responsibilities of cooperating agencies under applicable laws and regulations; (B) the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable; (C) the overall size and complexity of the qualifying project; (D) the overall schedule for and cost of the qualifying project; and (E) the sensitivity of the natural and historic resources that may be affected by the qualifying project. (4) Environmental compliance.--Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines: (A) Not later than 1 year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (B) Not later than 1 year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), when an environmental impact statement is required under the same. (5) Consolidated administrative record.--Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions. (6) Project data records.--To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public. (7) Project manager.--Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 5. SEC. 5. COOPERATING AGENCY RESPONSIBILITIES. (a) Adherence to Bureau Schedule.-- (1) Timeframes.--On notification of an application for a qualifying project, the head of each cooperating agency shall submit to the Bureau a timeframe under which the cooperating agency reasonably will be able to complete the authorizing responsibilities of the cooperating agency. (2) Schedule.-- (A) Use of timeframes.--The Bureau shall use the timeframes submitted under this subsection to establish the project schedule under section 4. (B) Adherence.--Each cooperating agency shall adhere to the project schedule established by the Bureau under subparagraph (A). (b) Environmental Record.--The head of each cooperating agency shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law, consistent with the project schedule established by the Bureau under subsection (a)(2). (c) Data Submission.--To the extent practicable and consistent with Federal law, the head of each cooperating agency shall submit all relevant project data to the Bureau in a generally accessible electronic format, subject to the project schedule established by the Bureau under subsection (a)(2). SEC. 6. FUNDING TO PROCESS PERMITS. (a) In General.--The Secretary, after public notice in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act''), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. (b) Effect on Permitting.-- (1) Evaluation of permits.--In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall-- (A) be reviewed by the Regional Director of the Bureau of the region in which the qualifying project or activity is located (or a designee); and (B) use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section. (2) Impartial decisionmaking.--In carrying out this section, the Secretary and the head of each cooperating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not-- (A) substantively or procedurally impact impartial decisionmaking with respect to the issuance of permits; or (B) diminish, modify, or otherwise affect the statutory or regulatory authorities of the cooperating agency. (c) Limitation on Use of Funds.--None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(1)(A). (d) Public Availability.--The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the Internet. Passed the House of Representatives June 22, 2017. Attest: KAREN L. HAAS, Clerk. | Water Supply Permitting Coordination Act (Sec. 3) This bill establishes the Bureau of Reclamation as the lead agency for purposes of coordinating all reviews, permits, licenses, or other approvals or decisions (reviews) required under federal law to construct new surface water storage projects in the states covered under the Reclamation Act on lands administered by the Department of the Interior or the Department of Agriculture, including state-led projects, exclusive of any easement, right-of-way, lease, or any private holding, unless the project applicant elects not to participate in the process authorized by this bill (qualifying projects). The Bureau: (1) upon receipt of an application for a qualifying project, shall identify any federal agency that may have jurisdiction over a required review; and (2) shall notify such agency that it has been designated as a cooperating agency unless specified conditions apply. A state in which a qualifying project is being considered may choose to: (1) participate as a cooperating agency; and (2) make subject to the processes of this bill all state agencies that have jurisdiction over the project, are required to conduct or issue a review, or are required to make a determination on issuing a permit, license, or approval for the qualifying project. (Sec. 4) The principal responsibilities of the Bureau are to: (1) serve as the point of contact for applicants, state agencies, Indian tribes, and others regarding qualifying projects; (2) coordinate preparation of unified environmental documentation that will serve as the basis for all federal decisions necessary to authorize the use of federal lands for qualifying projects; and (3) coordinate all federal agency reviews necessary for the development and construction of qualifying projects. The Bureau shall notify cooperating agencies of proposed qualifying projects by 30 days after receipt of a proposal and facilitate a pre-application meeting for prospective applicants, relevant federal and state agencies, and Indian tribes to: (1) explain applicable processes, data requirements, and applicant submissions necessary to complete the required federal agency reviews within the time frame established; and (2) establish the schedule for the qualifying project. The Bureau shall work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, it shall consider: the responsibilities of cooperating agencies under applicable laws and regulations; the resources available to such agencies and the non-federal qualifying project sponsor; the overall size, complexity, schedule for, and cost of the qualifying project; and the sensitivity of the natural and historic resources that may be affected. The Bureau must: prepare a unified environmental review document on which all cooperating agencies shall base project approval decisions; help ensure that cooperating agencies make necessary decisions regarding environmental compliance in accordance with specified time lines; maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions; ensure that all project data is submitted and maintained in generally accessible electronic format and make such project data available to cooperating agencies, the qualifying project applicant, and the public; and appoint a project manager for each qualifying project. (Sec. 5) Each cooperating agency must submit to the Bureau: (1) a time frame for completing the agency's authorizing responsibilities, (2) all environmental review material produced in the course of carrying out activities required under federal law, consistent with the project schedule, and (3) all relevant project data in a generally accessible electronic format. (Sec. 6) The Department of the Interior, after public notice, may accept and expend funds contributed by a non-federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project. Interior must ensure that all final permit decisions are made available to the public, including on the Internet. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Administrative Procedures Committee Act of 2003'' or the ``JAPC Act''. SEC. 2. ESTABLISHMENT OF A JOINT ADMINISTRATIVE PROCEDURES COMMITTEE. Section 802 of title 5, United States Code, is amended by redesignating subsection (g) as subsection (i) and by inserting before subsection (i) the following new subsection: ``(h)(1) There is established a Joint Administrative Procedures Committee to be composed of 12 Members of the Senate to be appointed by the majority leader of the Senate and 12 Members of the House of Representatives to be appointed by the Speaker of the House of Representatives. In each instance, not more than 7 Members shall be members of the same political party. ``(2) In carrying out its duties under this chapter, the joint committee, or any duly authorized subcommittee thereof, is authorized to-- ``(A) hold such hearings, to sit and act at such places and times within the United States during the sessions, recesses, and adjourned periods of Congress; ``(B) require the attendance of such witnesses and the production of such books, papers, and documents, administer such oaths, take such testimony, procure such printing and binding as it deems necessary; and ``(C) make such rules respecting its organization and procedures as it deems necessary. ``(3) The joint committee may selectively review existing major rules of any Federal agency and recommend-- ``(A) to the committees of jurisdiction in each House of Congress that they take appropriate legislative actions to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations; and ``(B) to such Federal agency that it amend or repeal all or any part of such major rules. ``(4) The joint committee shall periodically review the regulatory plan of each Federal agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in the fiscal year in which such plan is submitted (or thereafter) to the Office of Information and Regulatory Affairs of the Office of Management and Budget and may submit comments to such Office respecting such plan. Within 10 calendar days after receiving any such agency plan, such Office shall submit a copy of such plan to the joint committee for its comments. Upon completion of its review or waiver of its review of each such agency plan, the Office shall also submit to the joint committee a detailed summary of it recommendations. ``(5) The joint committee may selectively review existing rules of any Federal agency that were in effect before the enactment of chapter 8 of title 5, United States Code, and that the joint committee finds would satisfy the criteria of subparagraph (A), (B), or (C) of paragraph (2) of section 804 of such title and recommend-- ``(A) to the committees of jurisdiction in each House of Congress that they take appropriate legislative actions to amend or repeal laws within their jurisdictions sufficient to effectuate its recommendations; and ``(B) to such Federal agency that it amend or repeal all or any part of such major rules. ``(6) The members of the joint committee who are Members of the Senate shall from time to time report to appropriate standing committees of the Senate, and the members of the joint committee who are Members of the House of Representatives shall from time to time report to appropriate standing committees of the House their recommendations with respect to matters within the jurisdiction of their respective Houses which are referred to the joint committee or otherwise within the jurisdiction of the joint committee. ``(7) Vacancies in the membership of the joint committee shall not affect the power of the remaining members to execute the functions of the joint committee, and shall be filled in the same manner as in the case of the original selection. The joint committee shall select a chairman and a vice chairman from among its members at the beginning of each Congress. The vice chairman shall act in place of the chairman in the absence of the chairman. The chairmanship shall alternate between the Senate and the House of Representatives with each Congress, and the chairman shall be selected by the Members from that House entitled to the chairmanship. The vice chairman shall be chosen from the House other than that of the chairman by the Members from that House. ``(8) The joint committee may appoint and fix the compensation of such staff as it deems necessary. ``(9)(A) Notwithstanding any law, rule, or other authority, there shall be paid out of the applicable accounts of the House of Representatives such sums as may be necessary for one-half of the expenses of the joint committee. Such payments shall be made on vouchers signed by the chairman or vice chairman of the joint committee who is a Member of the House of Representatives, as the case may be, and approved in the manner directed by the Committee on House Administration of the House of Representatives. Amounts made available under this paragraph shall be expended in accordance with regulations prescribed by the Committee on House Administration of the House of Representatives. ``(B) (To be supplied by the Senate).''. SEC. 3. CONSIDERATION IN THE HOUSE OF REPRESENTATIVES AND THE SENATE. Section 802 of title 5, United States Code, is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f)(1) In the House, after the third legislative day after the date on which the committee to which a joint resolution is referred has reported, it is in order for any Member of the House to move to proceed to consideration of the joint resolution. All points of order against the motion to proceed and against consideration of that motion are waived. The motion is privileged in the House and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the House shall immediately proceed to consideration of the joint resolution without intervening motion (except one motion to adjourn), order, or other business. ``(2) In the House, debate shall be confined to the joint resolution and shall not exceed one hour equally divided and controlled by a proponent and an opponent of the joint resolution. The previous question shall be considered as ordered on the joint resolution to final passage without intervening motion, except one motion to recommit. A motion to reconsider the vote on passage of the joint resolution shall not be in order.''. SEC. 4. CONGRESSIONAL REVIEW. (a) Congressional Review.--Section 801(a) of title 5, United States Code, is amended-- (1) in paragraph (1)(A), by inserting ``, the joint committee,'' after ``each House of the Congress''; (2) in paragraph (1)(B), by inserting ``and the joint committee'' after ``each House of Congress''; (3) in paragraph (1) by adding at the end the following new subparagraph: ``(D) Within 30 days (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress) after the date on which the report referred to in subparagraph (A) is received, the joint committee may report a committee resolution recommending that each standing committee with jurisdiction to which copies of the applicable report were provided under subparagraph (C) report a joint resolution pursuant to section 802 disapproving the applicable rule.''; and (4) in paragraph (2)(A), by inserting ``the joint committee'' after ``committees of jurisdiction in each House of the Congress''. (b) Effect of Disapproval.--Section 801(b)(2) of title 5, United States Code, is amended by inserting before the period at the end the following: ``or the reissued or new rule carries out the recommendation, if any, set forth in the report submitted by the joint committee to the committees of jurisdiction pursuant to subsection (a)(1)(D) respecting the rule that did not take effect because it was the subject to an enacted resolution of disapproval''. (c) Definitions.--Section 804 of title 5, United States Code, is amended by adding at the end the following new paragraph: ``(4) The term `joint committee' refers to the Joint Administrative Procedures Committee.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall take effect at noon on January 3, 2005. | Joint Administrative Procedures Committee Act of 2003 (JAPC Act) - Establishes a Joint Administrative Procedures Committee to selectively review existing major rules of Federal agencies and recommend amendment or repeal of such rules. Directs the Committee to periodically review the regulatory plan of each agency of its most important significant regulatory actions that the agency reasonably expects to issue in proposed or final form in the fiscal year in which the plan is submitted. Makes it in order for any Member of the House, after the third legislative day after the date on which the committee to which a joint resolution is referred has reported, to move to proceed to consideration of a joint resolution. Waives all points of order against the motion to proceed and against consideration of that motion. Makes the motion privileged in the House and not debatable. Provides that: (1) the motion is not subject to amendment, to a motion to postpone, or to a motion to proceed to the consideration of other business; and (2) debate in the House shall not exceed one hour. Provides that: (1) before a rule can take effect, the Federal agency promulgating the rule shall submit to each house of Congress and to the Comptroller General a report to the Committee; and (2) within a specified time frame, the Committee may report a committee resolution recommending that each standing committee with jurisdiction to which copies of the applicable report were provided report a joint resolution disapproving the applicable rule. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sexual Assault Forensic Evidence Registry Act of 2012'' or the ``SAFER Act of 2012''. SEC. 2. DEBBIE SMITH GRANTS FOR AUDITING SEXUAL ASSAULT EVIDENCE BACKLOGS. Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135) is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(6) To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing.''; (2) in subsection (c), by adding at the end the following new paragraph: ``(4) Allocation of grant awards for audits.--For each of fiscal years 2014 through 2018, not less than 5 percent, but not more than 10 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(6), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3).''; and (3) by adding at the end the following new subsection: ``(n) Use of Funds for Auditing Sexual Assault Evidence Backlogs.-- ``(1) Eligibility.--The Attorney General may award a grant under this section to a State or unit of local government for the purpose described in subsection (a)(6) only if the State or unit of local government-- ``(A) submits a plan for performing the audit of samples described in such subsection; and ``(B) includes in such plan a good-faith estimate of the number of such samples. ``(2) Grant conditions.--A State or unit of local government receiving a grant for the purpose described in subsection (a)(6)-- ``(A) may not enter into any contract or agreement with any non-governmental vendor laboratory to conduct an audit described in subsection (a)(6); and ``(B) shall-- ``(i) not later than 1 year after receiving such grant-- ``(I) complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph; and ``(II) for each sample of sexual assault evidence identified in such audit, subject to paragraph (4), enter into the Sexual Assault Forensic Evidence Registry established under subsection (o) the information listed in subsection (o)(2); ``(ii) not later than 21 days after receiving possession of a sample of sexual assault evidence that was not in the possession of the State or unit of local government at the time of the initiation of such audit, subject to paragraph (4), enter into the Sexual Assault Forensic Evidence Registry the information listed in subsection (o)(2) with respect to the sample; ``(iii) not later than 30 days after a change in the status referred to in subsection (o)(2)(A)(v) of a sample with respect to which the State or unit of local government has entered information into such Registry, update such status; and ``(iv) provide that-- ``(I) the chief law enforcement officer of the State or unit of local government, respectively, is the individual responsible for the compliance of the State or unit of local government, respectively, with the registry requirements under this subparagraph; or ``(II) the designee of such officer may fulfill the responsibility described in subclause (II) so long as such designee is an employee of the State or unit of local government, respectively, and is not an employee of any governmental laboratory or non- governmental vendor laboratory. ``(3) Extension of initial deadline.--The Attorney General may grant an extension of the deadline under paragraph (2)(B)(i) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph. ``(4) Samples exempt from registry requirement.--A State or unit of local government is not required under paragraph (2) to enter into the Registry described in such paragraph information with respect to a sample of sexual assault evidence if-- ``(A) the sample is not considered criminal evidence (such as a sample collected anonymously from a victim who is unwilling to make a criminal complaint); or ``(B) the sample relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations. ``(5) Definitions.--In this subsection: ``(A) Awaiting testing.--The term `awaiting testing' means, with respect to a sample of sexual assault evidence, that-- ``(i) the sample has been collected and is in the possession of a State or unit of local government; ``(ii) DNA and other appropriate forensic analyses have not been performed on such sample; and ``(iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached. ``(B) Final disposition.--The term `final disposition' means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates-- ``(i) the conviction or acquittal of all suspected perpetrators of the crime involved; ``(ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; or ``(iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed. ``(C) Possession.-- ``(i) In general.--The term `possession', used with respect to possession of a sample of sexual assault evidence by a State or unit of local government, includes possession by an individual who is acting as an agent of the State or unit of local government for the collection of the sample. ``(ii) Rule of construction.--Nothing in clause (i) shall be construed to create or amend any Federal rights or privileges for non- governmental vendor laboratories described in regulations promulgated under section 210303 of the DNA Identification Act of 1994 (42 U.S.C. 14131).''. SEC. 3. SEXUAL ASSAULT FORENSIC EVIDENCE REGISTRY. (a) In General.--Section 2 of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135), as amended by section 2 of this Act, is further amended by adding at the end the following new subsection: ``(o) Sexual Assault Forensic Evidence Registry.-- ``(1) In general.--Subject to subsection (j), not later than 1 year after the date of the enactment of this subsection, the Attorney General shall establish a Sexual Assault Forensic Evidence Registry (in this section referred to as the `Registry') that-- ``(A) is administered by the Department of Justice; ``(B) allows States and units of local government to enter information into the Registry about samples of sexual assault evidence that are in the possession of such States or units of local government and are awaiting testing; and ``(C) tracks the testing and processing of such samples. ``(2) Information in registry.-- ``(A) In general.--A State or unit of local government that chooses to enter information into the Registry about a sample of sexual assault evidence shall include the following information: ``(i) The date of the sexual assault to which the sample relates. ``(ii) The city, county, or other appropriate locality where the sexual assault occurred. ``(iii) The date on which the sample was collected. ``(iv) The date on which information about the sample was entered into the Registry. ``(v) The status of the progression of the sample through testing and other stages of the evidentiary handling process, limited to the following information: ``(I) The identity of the entity in possession of the sample of untested sexual assault evidence by the State or unit of local government. ``(II) The identification of the sample of untested sexual assault evidence by the State or unit of local government. ``(III) The submission of the sample of untested sexual assault evidence to a laboratory for analysis, or the decision of the State or unit of local government to indefinitely refrain from submitting the sample. ``(IV) The completion of the analysis of the sample of untested sexual assault evidence, or the decision of the State or unit of local government to indefinitely refrain from analyzing the sample of untested sexual assault evidence. ``(vi) The date or dates after which the State or unit of local government would be barred by any applicable statutes of limitations from prosecuting a perpetrator of the sexual assault for the sexual assault. ``(B) Personally identifiable information.--The Attorney General shall ensure that the Registry does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved, except the information listed in subparagraph (A). ``(3) Sample identification number.-- ``(A) In general.--A State or unit of local government that chooses to enter information about a sample of sexual assault evidence into the Registry shall assign to the sample a unique numeric or alphanumeric identifier. ``(B) Unique identifier required.--In assigning the identifier under subparagraph (A), a State or unit of local government may use a case-numbering system used for other purposes, but the Attorney General shall ensure that the identifier assigned to each sample is unique with respect to all samples entered by all States and units of local government. ``(4) Update of information.--A State or unit of local government that chooses to enter information about a sample of sexual assault evidence into the Registry shall, not later than 30 days after a change in the status of the sample referred to in paragraph (2)(A)(v), update such status. ``(5) Internet access.--The Attorney General shall make publicly available, on an appropriate Internet website, aggregate non-individualized and non-personally identifying data compiled from information required to be entered into the registry under paragraph (2)(A), to allow for comparison of backlog data by State and unit of local government. ``(6) Technical assistance.--The Attorney General shall-- ``(A) provide a means by which an entity that does not have access to the Internet may enter information into the Registry; and ``(B) provide the technical assistance necessary to allow States and units of local government to participate in the Registry. ``(7) Rule of construction.--Nothing in this subsection shall be construed to require that any State or unit of local government participate in the Sexual Assault Forensic Evidence Registry established under this subsection unless the State or unit of local government-- ``(A) accepts a grant awarded under subsection (n); or ``(B) the State or unit of local government expressly agrees to participate in the registry in accordance with the conditions enumerated in this subsection.''. (b) Funding.--Section 2(j) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(j)) is amended-- (1) by inserting ``and for carrying out subsection (o)'' after ``for grants under subsection (a)''; (2) by striking ``2014'' and inserting ``2018''; and (3) by adding at the end the following new sentence: ``For each of the fiscal years 2014 through 2018, not less than 1 percent of the amount authorized to be appropriated under the previous sentence for such fiscal year shall be for carrying out subsection (o).''. SEC. 4. REPORTS TO CONGRESS. Not later than 90 days after the end of each fiscal year for which a grant is made for the purpose described in section 2(a)(6) of the DNA Analysis Backlog Elimination Act of 2000, as amended by section 2, the Attorney General shall submit to Congress a report that-- (1) lists the States and units of local government that have been awarded such grants and the amount of the grant received by each such State or unit of local government; (2) states the number of extensions granted by the Attorney General under section 2(n)(3) of the DNA Analysis Backlog Elimination Act of 2000, as added by section 2; and (3) summarizes the processing status of the samples of sexual assault evidence about which information has been entered into the Sexual Assault Forensic Evidence Registry established under section 2(o) of the DNA Analysis Backlog Act of 2000, as added by section 3(a), including the number of samples that have not been tested. SEC. 5. REDUCING THE RAPE KIT BACKLOG. Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000 (42 U.S.C. 14135(c)(3)) is amended-- (1) in subparagraph (B), by striking ``2014'' and inserting ``2018''; and (2) by adding at the end the following: ``(C) For each of fiscal years 2014 through 2018, not less than 75 percent of the total grant amounts shall be awarded for a combination of purposes under paragraphs (1), (2), and (3) of subsection (a).''. | Sexual Assault Forensic Evidence Registry Act of 2012 or the SAFER Act of 2012 - Amends the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to make Debbie Smith grants under such Act to states or local governments to conduct audits of samples of sexual assault evidence that are awaiting testing, provided such government submits an audit plan that includes a good-faith estimate of the number of such samples. Requires between 5% and 10% of Debbie Smith grant funds distributed in FY2014-FY2018 to be awarded for such purpose if sufficient applications to justify such amounts are received by the Attorney General, provided such award doesn't decrease funds for other distribution requirements. Requires the Attorney General to establish a Sexual Assault Forensic Evidence Registry that: (1) allows state and local governments to enter specified information about samples of sexual assault evidence in their possession that are awaiting testing, and (2) tracks the testing and processing of such samples. Requires such a government: (1) to complete a funded audit and enter such information about the sample into the Registry within one year after receiving a grant under this Act; (2) within 21 days after receiving a sample that was not in such government's possession at the time of the initiation of such audit, to enter information about such sample into the Registry; (3) to update the status of a sample within 30 days after any change; (4) to provide that the chief law enforcement officer of such government is the individual responsible for such government's compliance with registry requirements; and (5) to assign each sample a unique numeric or alphanumeric identifier. Exempts from such Registry-requirements samples that are not considered criminal evidence or that relate to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations. Requires the Attorney General to make publicly available on a website aggregate non-individualized and non-personally identifying data compiled from information required to be entered into the Registry, to allow for comparison of backlog data by state and local governments. Requires, for each fiscal year through FY2018, not less than: (1) 40% of Debbie Smith grant amounts to be awarded to carry out DNA analyses of samples from crime scenes for inclusion in the Combined DNA Index System, and (2) 75% of grant amounts to be awarded for a combination of that purpose and to increase the capacity of state or local government laboratories to carry out DNA analyses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medical Laboratory Personnel Shortage Act of 2001''. SEC. 2. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF HEALTH RESOURCES AND SERVICES ADMINISTRATION. (a) National Health Service Corps Scholarship and Loan Repayment Programs.-- (1) Scholarship program.--Section 338A(a)(1) of the Public Health Service Act (42 U.S.C. 254l(a)(1)) is amended-- (A) by striking ``and'' after ``practitioners,''; and (B) by inserting before the semicolon the following: ``, and (within the meaning of section 799B(12)) medical technologists and medical laboratory technicians''. (2) Loan repayment program.--Section 338B(a)(1) of the Public Health Service Act (42 U.S.C. 254l-1(a)(1)) is amended-- (A) by striking ``and'' after ``practitioners,''; and (B) by inserting before the semicolon the following: ``, and (within the meaning of section 799B(12)) medical technologists and medical laboratory technicians''. (b) Programs Under Title VII.-- (1) Allied health and other disciplines.-- (A) Preference in making awards.--Section 755 of the Public Health Service Act (42 U.S.C. 294e)) is amended by adding at the end the following subsection: ``(c) Preference in Making Awards.--In making awards of grants and contracts under subsection (a), the Secretary shall give preference to making awards to assist entities in meeting the costs associated with expanding or establishing programs that will increase the number of individuals trained as medical laboratory personnel.''. (B) Authorization of appropriations.--Section 757 of the Public Health Service Act (42 U.S.C. 294g(a)) is amended by adding at the end the following subsection: ``(d) Allied Health and Other Disciplines.--For the purpose of carrying out section 755, there are authorized to be appropriated $100,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. Such authorization is in addition to the authorizations of appropriations under subsection (a) that are available for such purpose.''. (2) Other title vii programs.--Section 740 of the Public Health Service Act (42 U.S.C. 293d) is amended-- (A) by redesignating subsection (d) as subsection (e); and (B) by inserting after subsection (c) the following subsection: ``(d) Medical Laboratory Personnel.--For the purpose of increasing the number of individuals trained as medical laboratory personnel through making awards of grants or contracts under sections 737 through 739 for appropriate schools of allied health, there are authorized to be appropriated, in addition to authorizations of appropriations under subsections (a) through (c) that are available for such purpose, the following: ``(1) For awards under section 737 to such schools, $11,193,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``(2) For awards under section 738 to serve as members of the faculty of such schools, $332,500 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``(3) For awards under section 739 to such schools, $8,200,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006.''. (3) Definition of medical laboratory personnel.--Section 799B of the Public Health Service Act (42 U.S.C. 295p) is amended by adding at the end the following: ``(12) The term `medical laboratory personnel' means allied health professionals (as defined in paragraph (5)) who are medical technologists, cytotechnologists, histotechnologists, phlebotomists, or medical laboratory technicians, or who are in other fields that, within the meaning of section 353(a) (relating to the certification of clinical laboratories), examine materials derived from the human body for the purpose of providing information for the diagnosis, prevention, or treatment of any disease or impairment of, or the assessment of the health of, human beings.''. SEC. 3. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) Preventive Health Measures With Respect to Breast and Cervical Cancer.--Title XV of the Public Health Service Act (42 U.S.C. 300k et seq.) is amended by inserting after section 1509 the following section: ``SEC. 1509A. SHORTAGE OF TECHNOLOGISTS FOR LABORATORY ANALYSIS REGARDING SCREENING FOR CERVICAL CANCER. ``(a) In General.--The Secretary, acting through the Administrator of the Health Resources and Services Administration and in collaboration with the Director of the Centers for Disease Control and Prevention, shall make grants to appropriate public and nonprofit private entities to provide training to increase the number of cytotechnologists who are available with respect to screening women for cervical cancer. ``(b) Funding.-- ``(1) In general.--Subject to paragraph (2), for the purpose of carrying out this section, there are authorized to be appropriated $10,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2006. ``(2) Limitation.--The authorization of appropriations established in paragraph (1) is not effective for a fiscal year unless the amount appropriated under section 1510(a) for the fiscal year is equal to or greater than $173,928,000.''. (b) Public Health Emergencies.-- (1) Combating antimicrobial resistance.--Section 319E of the Public Health Service Act (42 U.S.C. 247d-5), as added by section 102 of Public Law 106-505 (114 Stat. 2315), is amended-- (A) in subsection (c)(3), by inserting before the period the following: ``, and support programs that train medical laboratory personnel (as defined in section 799B) in disciplines that recognize or identify the resistance of pathogens''; and (B) in subsection (e)(2), by inserting after ``societies,'' the following: ``schools or programs that train medical laboratory personnel (as defined in section 799B),''. (2) Public health countermeasures to bioterrorist attack.-- Section 319F of the Public Health Service Act (42 U.S.C. 247d- 6), as added by section 102 of Public Law 106-505 (114 Stat. 2315), is amended-- (A) in subsection (c)(2)-- (i) by striking ``or'' after ``clinic,''; and (ii) by inserting before the period the following: ``, or a school or program that trains medical laboratory personnel (as defined in section 799B)''; and (B) in subsection (e)(2), by inserting before the period the following: ``, and support programs that train medical laboratory personnel (as defined in section 799B) in disciplines that recognize or identify a potential biological agent''. SEC. 4. RESPONSE TO SHORTAGE OF MEDICAL LABORATORY PERSONNEL; PROGRAMS OF NATIONAL HEART, LUNG, AND BLOOD INSTITUTE. Section 422(c)(3)(C) of the Public Health Service Act (42 U.S.C. 285b-4(c)(3)(C)) is amended by inserting after ``allied health professionals'' the following: ``, with emphasis given in the training of such professionals to the training of medical laboratory personnel (as defined in section 799B) in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel''. | Medical Laboratory Personnel Shortage Act of 2001 - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), through scholarships and loans for health professional training under the National Health Service Corps' scholarship and loan repayment programs, to assure an adequate supply of medical technologists and medical laboratory technicians to provide primary health services in health professional shortage areas.Requires the Secretary to give preference, in making awards of grants and contracts to increase the number of individuals trained in allied health professions, to entities with programs training medical laboratory personnel.Directs the Secretary to make grants for training to increase the number of cytotechnologists available for screening women for cervical cancer.Directs the Secretary to support programs that train medical laboratory personnel in disciplines that recognize or identify the resistance of pathogens (in combating antimicrobial resistance) and that recognize or identify a potential biological agent (in combating bioterrorism).Revises requirements for the use of Federal payments under cooperative agreements or grants between the National Heart, Lung, and Blood Institute and public or private nonprofit entities for the training of allied health professionals with respect to the prevention and treatment methods for heart, blood vessel, lung, or blood diseases. Requires that training emphasis be given to medical laboratory personnel in medical laboratory disciplines with respect to which there are needs for increased numbers of personnel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Smart Energy and Water Efficiency Act of 2015''. SEC. 2. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. Subtitle A of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is amended by adding at the end the following: ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means-- ``(A) a utility; ``(B) a municipality; ``(C) a water district; and ``(D) any other authority that provides water, wastewater, or water reuse services. ``(2) Smart energy and water efficiency pilot program.--The term `smart energy and water efficiency pilot program' or `pilot program' means the pilot program established under subsection (b). ``(b) Smart Energy and Water Efficiency Pilot Program.-- ``(1) In general.--The Secretary shall establish and carry out a smart energy and water efficiency pilot program in accordance with this section. ``(2) Purpose.--The purpose of the smart energy and water efficiency pilot program is to award grants to eligible entities to demonstrate novel and innovative technology-based solutions that will-- ``(A) increase the energy efficiency of water, wastewater, and water reuse systems; ``(B) improve energy efficiency of water, wastewater, and water reuse systems to help communities across the United States make significant progress in conserving water, saving energy, and reducing costs; and ``(C) support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. ``(3) Project selection.-- ``(A) In general.--The Secretary shall make competitive, merit-reviewed grants under the pilot program to not less than 3, but not more than 5, eligible entities. ``(B) Selection criteria.--In selecting an eligible entity to receive a grant under the pilot program, the Secretary shall consider-- ``(i) energy and cost savings; ``(ii) the novelty of the technology to be used; ``(iii) the degree to which the project integrates next-generation sensors, software, analytics, and management tools; ``(iv) the anticipated cost-effectiveness of the pilot project in terms of energy efficiency savings, water savings or reuse, and infrastructure costs averted; ``(v) whether the technology can be deployed in a variety of geographic regions and the degree to which the technology can be implemented on a smaller or larger scale; and ``(vi) whether the project will be completed in 5 years or less. ``(C) Applications.-- ``(i) In general.--Subject to clause (ii), an eligible entity seeking a grant under the pilot program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be necessary. ``(ii) Contents.--An application under clause (i) shall, at a minimum, include-- ``(I) a description of the project; ``(II) a description of the technology to be used in the project; ``(III) the anticipated results, including energy and water savings, of the project; ``(IV) a comprehensive budget for the project; ``(V) the names of the project lead organization and any partners; ``(VI) the number of users to be served by the project; and ``(VII) any other information that the Secretary determines to be necessary to complete the review and selection of a grant recipient. ``(4) Administration.-- ``(A) In general.--Not later than 300 days after the date of enactment of this section, the Secretary shall select grant recipients under this section. ``(B) Evaluations.--The Secretary shall annually carry out an evaluation of each project for which a grant is provided under this section that-- ``(i) evaluates the progress and impact of the project; and ``(ii) assesses the degree to which the project is meeting the goals of the pilot program. ``(C) Technical and policy assistance.--On the request of a grant recipient, the Secretary shall provide technical and policy assistance. ``(D) Best practices.--The Secretary shall make available to the public-- ``(i) a copy of each evaluation carried out under subparagraph (B); and ``(ii) a description of any best practices identified by the Secretary as a result of those evaluations. ``(E) Report to congress.--The Secretary shall submit to Congress a report containing the results of each evaluation carried out under subparagraph (B). ``(c) Funding.-- ``(1) In general.--The Secretary shall use not less than $7,500,000 of amounts made available to the Secretary to carry out this section. ``(2) Prioritization.--In funding activities under this section, the Secretary shall prioritize funding in the following manner: ``(A) Any unobligated amounts made available to the Secretary to carry out the activities of the Energy Efficiency and Renewable Energy Office. ``(B) Any unobligated amounts (other than those described in subparagraph (A)) made available to the Secretary.''. | Smart Energy and Water Efficiency Act of 2015 This bill amends the Energy Policy Act of 2005 to require the Department of Energy (DOE) to establish and carry out a smart energy and water efficiency pilot program to award grants to utilities, municipalities, water districts, and other water authorities for demonstrating novel and innovative technology-based solutions that will: increase the energy efficiency of water, wastewater, and water reuse systems; improve those systems to help communities make significant progress in conserving water, saving energy, and reducing costs; and support the implementation of innovative processes and the installation of advanced automated systems that provide real-time data on energy and water. DOE must annually evaluate each grant project and make best practices identified in the evaluations available to the public. |