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SECTION 1. SHORT TITLE. This Act may be cited as the ``Burmese Freedom and Democracy Act of 2003''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The State Peace and Development Council (SPDC) has failed to transfer power to the National League for Democracy (NLD) whose parliamentarians won an overwhelming victory in the 1990 elections in Burma. (2) The SPDC has failed to enter into meaningful, political dialogue with the NLD and ethnic minorities and has dismissed the efforts of United Nations Special Envoy Razali bin Ismail to further such dialogue. (3) According to the State Department's ``Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma'' dated March 28, 2003, the SPDC has become ``more confrontational'' in its exchanges with the NLD. (4) On May 30, 2003, the SPDC, threatened by continued support for the NLD throughout Burma, brutally attacked NLD supporters, killed and injured scores of civilians, and arrested democracy advocate Aung San Suu Kyi and other activists. (5) The SPDC continues egregious human rights violations against Burmese citizens, uses rape as a weapon of intimidation and torture against women, and forcibly conscripts child- soldiers for the use in fighting indigenous ethnic groups. (6) The SPDC has demonstrably failed to cooperate with the United States in stopping the flood of heroin and methamphetamines being grown, refined, manufactured, and transported in areas under the control of the SPDC serving to flood the region and much of the world with these illicit drugs. (7) The SPDC provides safety, security, and engages in business dealings with narcotics traffickers under indictment by United States authorities, and other producers and traffickers of narcotics. (8) The International Labor Organization (ILO), for the first time in its 82-year history, adopted in 2000, a resolution recommending that governments, employers, and workers organizations take appropriate measures to ensure that their relations with the SPDC do not abet the government- sponsored system of forced, compulsory, or slave labor in Burma, and that other international bodies reconsider any cooperation they may be engaged in with Burma and, if appropriate, cease as soon as possible any activity that could abet the practice of forced, compulsory, or slave labor. (9) The SPDC has integrated the Burmese military and its surrogates into all facets of the economy effectively destroying any free enterprise system. (10) Investment in Burmese companies and purchases from them serve to provide the SPDC with currency that is used to finance its instruments of terror and repression against the Burmese people. (11) On April 15, 2003, the American Apparel and Footwear Association expressed its ``strong support for a full and immediate ban on U.S. textiles, apparel and footwear imports from Burma'' and called upon the United States Government to ``impose an outright ban on U.S. imports'' of these items until Burma demonstrates respect for basic human and labor rights of its citizens. (12) The policy of the United States, as articulated by the President on April 24, 2003, is to officially recognize the NLD as the legitimate representative of the Burmese people as determined by the 1990 election. SEC. 3. BAN AGAINST TRADE THAT SUPPORTS THE MILITARY REGIME OF BURMA. (a) General Ban.-- (1) In general.--Notwithstanding any other provision of law, until such time as the President determines and certifies to Congress that Burma has met the conditions described in paragraph (3), no article may be imported into the United States that is produced, mined, manufactured, grown, or assembled in Burma. (2) Ban on imports from certain companies.--The import restrictions contained in paragraph (1) shall apply to, among other entities-- (A) the SPDC, any ministry of the SPDC, a member of the SPDC or an immediate family member of such member; (B) known narcotics traffickers from Burma or an immediate family member of such narcotics trafficker; (C) the Union of Myanmar Economics Holdings Incorporated (UMEHI) or any company in which the UMEHI has a fiduciary interest; (D) the Myanmar Economic Corporation (MEC) or any company in which the MEC has a fiduciary interest; (E) the Union Solidarity and Development Association (USDA); and (F) any successor entity for the SPDC, UMEHI, MEC, or USDA. (3) Conditions described.--The conditions described in this paragraph are the following: (A) The SPDC has made substantial and measurable progress to end violations of internationally recognized human rights including rape, and the Secretary of State, after consultation with the ILO Secretary General and relevant nongovernmental organizations, reports to the appropriate congressional committees that the SPDC no longer systematically violates workers rights, including the use of forced and child labor, and conscription of child-soldiers. (B) The SPDC has made measurable and substantial progress toward implementing a democratic government including-- (i) releasing all political prisoners; (ii) allowing freedom of speech and the press; (iii) allowing freedom of association; (iv) permitting the peaceful exercise of religion; and (v) bringing to a conclusion an agreement between the SPDC and the democratic forces led by the NLD and Burma's ethnic nationalities on the transfer of power to a civilian government accountable to the Burmese people through democratic elections under the rule of law. (C) Pursuant to the terms of section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228), Burma has not failed demonstrably to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take other effective counternarcotics measures, including the arrest and extradition of all individuals under indictment in the United States for narcotics trafficking, and concrete and measurable actions to stem the flow of illicit drug money into Burma's banking system and economic enterprises and to stop the manufacture and export of methamphetamines. (4) Appropriate congressional committees.--In this subsection, the term ``appropriate congressional committees'' means the Committees on Foreign Relations and Appropriations of the Senate and the Committees on International Relations and Appropriations of the House of Representatives. (b) Waiver Authorities.-- (1) In general.--The President may waive the prohibitions described in this section for any or all products imported from Burma to the United States if the President determines and notifies the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives that to do so is in the national security interest of the United States. (2) International obligations.--The President may waive any provision of this Act found to be in violation of any international obligations of the United States pursuant to any final ruling relating to Burma under the dispute settlement procedures of the World Trade Organization. (c) Duration of Trade Ban.--The President may terminate the restrictions contained in this Act upon the request of a democratically elected government in Burma, provided that all the conditions in subsection (a)(3) have been met. SEC. 4. FREEZING ASSETS OF THE BURMESE REGIME IN THE UNITED STATES. Not later than 60 days after the date of enactment of this Act, the Secretary of the Treasury shall direct, and promulgate regulations to the same, that any United States financial institution holding funds belonging to the SPDC or the assets of those individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, shall promptly report those assets to the Office of Foreign Assets Control. The Secretary of the Treasury may take such action as may be necessary to secure such assets or funds. SEC. 5. LOANS AT INTERNATIONAL FINANCIAL INSTITUTIONS. The Secretary of the Treasury shall instruct the United States executive director to each appropriate international financial institution in which the United States participates, to oppose, and vote against the extension by such institution of any loan or financial or technical assistance to Burma until such time as the conditions described in section 3(a)(3) are met. SEC. 6. EXPANSION OF VISA BAN. (a) In General.-- (1) Visa ban.--The President is authorized to deny visas and entry to the former and present leadership of the SPDC or the Union Solidarity Development Association. (2) Updates.--The Secretary of State shall coordinate on a biannual basis with representatives of the European Union to ensure that an individual who is banned from obtaining a visa by the European Union for the reasons described in paragraph (1) is also banned from receiving a visa from the United States. (b) Publication.--The Secretary of State shall post on the Department of State's website the names of individuals whose entry into the United States is banned under subsection (a). SEC. 7. CONDEMNATION OF THE REGIME AND DISSEMINATION OF INFORMATION. (a) In General.--Congress encourages the Secretary of State to highlight the abysmal record of the SPDC to the international community and use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering political recognition and support to Burma's democratic movement including the National League for Democracy and Burma's ethnic groups. (b) United States Embassy.--The United States embassy in Rangoon shall take all steps necessary to provide access of information and United States policy decisions to media organs not under the control of the ruling military regime. SEC. 8. SUPPORT DEMOCRACY ACTIVISTS IN BURMA. (a) In General.--The President is authorized to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma, including a listing of constraints on such programming. (b) Reports.-- (1) First report.--Not later than 3 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives a comprehensive report on its short- and long-term programs and activities to support democracy activists in Burma, including a list of constraints on such programming. (2) Report on resources.--Not later than 6 months after the date of enactment of this Act, the Secretary of State shall provide the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and International Relations of the House of Representatives a report identifying resources that will be necessary for the reconstruction of Burma, after the SPDC is removed from power, including-- (A) the formation of democratic institutions; (B) establishing the rule of law; (C) establishing freedom of the press; (D) providing for the successful reintegration of military officers and personnel into Burmese society; and (E) providing health, educational, and economic development. | Burmese Freedom and Democracy Act of 2003 - Prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has taken certain democratic and counternarcotics actions. Authorizes the President to waive such requirements.Directs the Secretary of the Treasury to direct any U.S. financial institution holding funds of the State Peace and Development Council (SPDC) of Burma or the assets of individuals who hold senior positions in the SPDC or its political arm, the Union Solidarity Development Association, to report those assets to the Office of Foreign Assets Control and take such action as may be necessary to secure them.Directs the Secretary of the Treasury to instruct the U.S. executive director to each appropriate international financial institution to oppose any extension of a loan or financial or technical assistance to Burma until the requirements of this Act are met. Authorizes the President to deny visas and entry into the United States to the former and present leadership of the SPDC or the Union Solidarity Development Association. Urges the Secretary of State to use all appropriate fora, including the Association of Southeast Asian Nations Regional Forum and Asian Nations Regional Forum, to encourage other states to restrict financial resources to the SPDC and Burmese companies while offering support to Burma's democratic movement, including the National League for Democracy and Burma's ethnic groups.Authorizes the President to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Anti-Money Laundering and Paycheck Accountability Act''. SEC. 2. BAN ON NON-FEDERAL FUNDS OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``ban on use non-federal funds of political parties ``Sec. 323. (a) Ban Described.-- ``(1) In general.--Except as otherwise provided in this section, no funds may be solicited, contributed, or expended by any political party committee for purposes of any activity influencing an election for Federal office (without regard to whether the activity involved also influences any other election) unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Examples of activities covered.--For purposes of paragraph (1), the following activities shall be considered to be examples of activities influencing an election for Federal office: ``(A) Voter registration. ``(B) Absentee ballot programs. ``(C) Get-out-the-vote programs. ``(D) Generic campaign activity. ``(E) The making or disseminating of any communication which identifies (by name, likeness, or representation) any candidate for election for Federal office. ``(b) Political Party Committee Defined.--For purposes of this section, the term `political party committee' means a political committee which is a national, State, district, or local political party committee (including any subordinate committee thereof).''. SEC. 3. PERMITTING INDIVIDUALS TO ELECT TO NOT HAVE PAYROLL DEDUCTIONS USED FOR POLITICAL ACTIVITIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 2, is further amended by adding at the end the following new section: ``permitting individuals to elect to not have payroll deductions used for political activities ``Sec. 324. (a) Right of Individuals To Make Election.-- ``(1) In general.--No amounts withheld from an individual's wages or salary during a month may be used by any person receiving the withheld amounts for any political activity if the individual has in effect an election to prohibit the withholding of such amounts during the month for such activities. ``(2) Period for which election is in effect.--Except as provided in paragraph (3), an individual's election to prohibit the withholding of amounts for political activities shall be in effect for all months beginning after the expiration of the 30- day period which begins on the date the individual notifies the person involved of the election. ``(3) Right of revocation and renewal.--An individual with an election in effect under paragraph (1) may revoke the election at any time, and the election shall no longer be in effect beginning with the first month which begins after the expiration of the 30-day period which begins on the date the individual notifies the person involved of the revocation of the election. An individual who revokes an election under this paragraph may at any time renew the election in accordance with paragraphs (1) and (2). ``(b) Information Provided by Withholding Person to New Employees and Members.--Each person who first withholds wages or salary from an individual after December 1, 1998, shall provide the individual (at the time the person first withholds wages or salary from the individual) with a statement explaining the individual's right under this section to have an election in effect and to revoke the election. ``(c) Political Activity Defined.--In this section, the term `political activity' means-- ``(1) attempting to influence legislation; ``(2) participating or intervening in (including the publishing or distributing of statements) any political campaign on behalf of (or in opposition to) any candidate for public office; or ``(3) influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or to any office in a political party, committee, association or fund.''. SEC. 4. REQUIRING REPORTING WITHIN 24 HOURS OF ALL CONTRIBUTIONS RECEIVED WITHIN 20 DAYS OF ELECTION. (a) In General.--Section 304(a)(6)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 20th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution.''. (b) Availability of Information on Internet.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended by adding at the end the following new subparagraph: ``(C)(i) The Commission shall make the information contained in the reports submitted under this paragraph available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. ``(ii) In this subparagraph, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 5. MODIFICATION OF PROHIBITION AGAINST SOLICITATION OF CAMPAIGN CONTRIBUTIONS BY FEDERAL OFFICIALS IN FEDERAL BUILDINGS. (a) Solicitation of Non-Federal Funds.--Section 607 of title 18, United States Code, is amended-- (1) in subsection (a), by striking ``within the meaning of section 301(8) of the Federal Election Campaign Act of 1971''; and (2) by adding at the end the following new subsection: ``(c) In this section, the term `contribution' means any payment of any gift, subscription, loan, advance, or deposit of money or anything of value made in support of the activities of a political committee established and maintained by a national political party or the party, or otherwise made for purposes of influencing directly or indirectly any election for Federal office.''. (b) Clarification of Applicability to Solicitation of Persons Outside of Building and Persons Who Are Not Federal Employees.--Section 607(a) of title 18, United States Code, is amended by striking the period at the end of the first sentence and inserting the following: ``, without regard to whether such person or the person to whom the solicitation is directed is mentioned in such section, or to whether the person to whom the solicitation is directed is in such room, building, navy yard, fort, or arsenal at the time the solicitation is made.''. (c) Treatment of All Areas of White House and Vice Presidential Mansion as Federal Building.--The first sentence of section 607(a) of title 18, United States Code, is amended by striking ``any room or building'' and inserting ``any room in the White House (including the Executive Residence) or the official residence of the Vice President, or in any room or building''. SEC. 6. EFFECTIVE DATE. Except where otherwise provided, the amendments made by this Act shall apply with respect to elections occurring after December 1998. | Anti-Money Laundering and Paycheck Accountability Act - Amends the Federal Election Campaign Act of 1971 to: (1) prohibit the solicitation, contribution, or spending of any funds by any political party committee for any purposes of any activity influencing an election for Federal office unless the funds are subject to the limitations, prohibitions, and reporting requirements of the Act; (2) permit individuals to prohibit payroll deductions for political activities; (3) require the reporting, within 24 hours, of contributions received within 20 days of an election; and (4) revise provisions concerning the prohibition against the solicitation of contributions by Federal officials in Federal buildings. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Affordability and Equity Act of 2010''. SEC. 2. EXPANSION OF DEDUCTION FOR INTEREST ON EDUCATION LOANS. (a) Repeal of Dollar Limitation; Increase in Phaseout Beginning Point.--Subsection (b) of section 221 of the Internal Revenue Code of 1986 (relating to maximum deduction) is amended to read as follows: ``(b) Limitation Based on Modified Adjusted Gross Income.-- ``(1) In general.--The amount which would (but for this subsection) be allowable as a deduction under this section shall be reduced (but not below zero) by the amount determined under paragraph (2). ``(2) Amount of reduction.--The amount determined under this paragraph is the amount which bears the same ratio to the amount which would be so taken into account as-- ``(A) the excess of-- ``(i) the taxpayer's modified adjusted gross income for such taxable year, over ``(ii) $100,000 ($200,000 in the case of a joint return), bears to ``(B) $15,000 ($30,000 in the case of a joint return). ``(3) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined-- ``(A) without regard to this section and sections 199, 222, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, and 469.''. (b) Conforming Amendment.--Section 221(f)(1) of such Code is amended to read as follows: ``(1) In general.--In the case of a taxable year beginning after 2010, the $100,000 and $200,000 amounts in subsection (b) 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 the calendar year in which the taxable year begins, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 3. EDUCATION SAVINGS ACCOUNTS. (a) Increase in Allowable Contributions.-- (1) In general.--Clause (iii) of section 530(b)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``$2,000'' and inserting ``$5,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) of such Code is amended by striking ``$2,000'' and inserting ``$5,000''. (b) Reports.--Subsection (h) of section 530 of such Code is amended by striking the period at the end of the last sentence and inserting ``, except that reports shall be so filed and furnished for any calendar year not later than June 30 of the following year.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 4. ALLOWANCE OF ROOM, BOARD, AND SPECIAL NEEDS SERVICES IN THE CASE OF SCHOLARSHIPS AND TUITION REDUCTION PROGRAMS WITH RESPECT TO HIGHER EDUCATION. (a) In General.--Paragraph (1) of section 117(b) of the Internal Revenue Code of 1986 (defining qualified scholarship) is amended by inserting before the period at the end the following: ``or, in the case of enrollment or attendance at an eligible educational institution, for qualified higher education expenses.''. (b) Definitions.--Subsection (b) of section 117 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified higher education expenses; eligible educational institution.--The terms `qualified higher education expenses' and `eligible educational institution' have the meanings given such terms in section 529(e).''. (c) Tuition Reduction Programs.--Paragraph (5) of section 117(d) of such Code (relating to special rules for teaching and research assistants) is amended by striking ``shall be applied as if it did not contain the phrase `(below the graduate level)'.'' and inserting ``shall be applied-- ``(A) as if it did not contain the phrase `(below the graduate level)', and ``(B) by substituting `qualified higher education expenses' for `tuition' the second place it appears.''. (d) Effective Date.--The amendments made by this section shall apply to expenses paid after December 31, 2009 (in taxable years ending after such date), for education furnished in academic periods beginning after such date. SEC. 5. REPEAL OF EGTRRA SUNSET APPLICABILITY TO CERTAIN EDUCATION PROVISIONS. Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to sections 401 and 412 of such Act. | Higher Education Affordability and Equity Act of 2010 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by increasing the threshold for the phaseout of such deduction; (2) increase to $5,000 the maximum allowable contribution to a Coverdell education savings account; and (3) include qualified higher education expenses (i.e., books, supplies, room, board, and special needs services) as amounts excludable from gross income as a qualified scholarship. Exempts from the general terminating date of the Economic Growth and Tax Relief Reconciliation Act (i.e., December 31, 2010) provisions of that Act modifying education individual retirement accounts and expanding the tax deduction for student loan interest. |
SECTION 1. CREDIT FOR CERTAIN ENERGY-EFFICIENT PROPERTY. (a) Business Property.-- (1) In general.--Subparagraph (A) of section 48(a)(3) of the Internal Revenue Code of 1986 (defining energy property) is amended by striking ``or'' at the end of clause (i), by adding ``or'' at the end of clause (ii), and by inserting after clause (ii) the following new clause: ``(iii) energy-efficient building property,''. (2) Energy-efficient building property.--Subsection (a) of section 48 of such Code is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Energy-efficient building property.--For purposes of this subsection-- ``(A) In general.--The term `energy-efficient building property' means a stationary fuel cell power plant that-- ``(i) generates electricity using an electrochemical process, and ``(ii) has an electricity-only generation efficiency greater than 30 percent. ``(B) Limitation.--In the case of energy-efficient building property placed in service during the taxable year, the credit under subsection (a) for such year may not exceed $1,000 for each kilowatt of capacity. ``(C) Stationary fuel cell power plant.--The term `stationary fuel cell power plant' means an integrated system comprised of a fuel cell stack assembly and associated balance of plant components that converts a fuel into electricity using electrochemical means. ``(D) Termination.--Such term shall not include any property placed in service after December 31, 2006.'' (3) Effective date.--The amendments made by this subsection shall apply to property placed in service after December 31, 2001, 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). (b) Nonbusiness Property.-- (1) In general.--Subpart A of part IV of subchapter A of chapter 1 of such Code (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. NONBUSINESS ENERGY-EFFICIENT BUILDING PROPERTY. ``(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 the nonbusiness energy-efficient building property expenditures which are paid or incurred during such year. ``(b) Nonbusiness Energy-Efficient Building Property Expenditures.--For purposes of this section-- ``(1) In general.--The term `nonbusiness energy-efficient building property expenditures' means expenditures made by the taxpayer for nonbusiness energy-efficient building property installed on or in connection with a dwelling unit-- ``(A) which is located in the United States, and ``(B) which is used by the taxpayer as a residence. Such term includes expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property. ``(2) Nonbusiness energy-efficient building property.--The term `nonbusiness energy-efficient building property' means energy-efficient building property (as defined in section 48(a)(4)) if-- ``(A) the original use of such property commences with the taxpayer, and ``(B) such property meets the standards (if any) applicable to such property under section 48(a)(3). ``(c) Special Rules.-- ``(1) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant- stockholder (as defined in section 216) in a cooperative housing corporation (as defined in such section), such individual shall be treated as having made his tenant- stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation. ``(2) Condominiums.-- ``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which he owns, such individual shall be treated as having made his proportionate share of any expenditures of such association. ``(B) Condominium management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences. ``(3) Allocation in certain cases.--If less than 80 percent of the use of an item is for nonbusiness purposes, only that portion of the expenditures for such item which is properly allocable to use for nonbusiness purposes shall be taken into account. ``(4) When expenditure made; amount of expenditure.-- ``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed. ``(B) Expenditures part of building construction.-- In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins. ``(C) Amount.--The amount of any expenditure shall be the cost thereof. ``(5) Property financed by subsidized energy financing.-- For purposes of determining the amount of nonbusiness energy- efficient building property expenditures made by any individual with respect to any dwelling unit, there shall not be taken in to account expenditures which are made from subsidized energy financing (as defined in section 48(a)(4)(A)). ``(d) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. ``(e) Termination.--This section shall not apply to any expenditure made after December 31, 2006.'' (2) Conforming Amendments.-- (A) Subsection (a) of section 1016 of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``; and'', and by adding at the end the following new paragraph: ``(28) to the extent provided in section 25B(d), in the case of amounts with respect to which a credit has been allowed under section 25B.''. (B) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Nonbusiness energy-efficient building property.''. (3) Effective date.--The amendments made by this subsection shall apply to expenditures made after December 31, 2001. | Amends the Internal Revenue Code to allow, through December 31, 2006, a limited credit for energy-efficient building property. Defines such property as a stationary fuel cell power plant that: (1) generates electricity using an electrochemical process; and (2) has an electricity-only generation efficiency greater than 30 percent.Allows, through December 31, 2006, a credit to an individual for nonbusiness energy-efficient building property expenditures. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthen the Earned Income Tax Credit Act of 2011''. SEC. 2. STRENGTHEN THE EARNED INCOME TAX CREDIT. (a) Permanent Extension of Marriage Penalty Relief and Increase in Credit for Certain Families.-- (1) Reduction in marriage penalty.-- (A) In general.--Subparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``increased by'' and all that follows and inserting ``increased by $5,000.''. (B) Inflation adjustment.--Clause (ii) of section 32(j)(1)(B) of such Code is amended-- (i) by striking ``$3,000 amount in subsection (b)(2)(B)(iii)'' and inserting ``$5,000 amount in subsection (b)(2)(B)'', and (ii) by striking ``calendar year 2007'' and inserting ``calendar year 2008''. (2) Increase in credit percentage for families with 3 or more children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 (relating to percentages) is amended-- (A) by striking ``2 or more qualifying children'' in the second row and inserting ``2 qualifying children'', and (B) by inserting after the second row the following new item: ``3 or more qualifying children............... 45 21.06''. (3) Conforming amendment.--Section 32(b) of such Code is amended by striking paragraph (3). (b) Increased Credit for Individuals With No Qualifying Children.-- (1) In general.--The table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking ``$5,280'' in the last column and inserting ``$12,690''. (2) Inflation adjustments.--Subparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended-- (A) in clause (i)-- (i) by inserting ``(except as provided in clause (iii))'' after ``(b)(2)(A)'', and (ii) by striking ``and'' at the end, and (B) by adding at the end the following new clause: ``(iii) in the case of the $12,690 amount in the table in subsection (b)(2)(A), by substituting `calendar year 2010' for `calendar year 1992' in subparagraph (B) of such section 1.''. (c) Credit Increase and Reduction in Phaseout for Individuals With No Children.--The table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``7.65'' in the second column of the third row and inserting ``15.3'', and (2) by striking ``7.65'' in the third column of the third row and inserting ``15.3''. (d) Credit Allowed for Certain Childless Individuals Over Age 21.-- Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by striking ``age 25'' and inserting ``age 21''. (e) Modification of Abandoned Spouse Rule.-- (1) In general.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual) is amended by adding at the end the following new paragraph: ``(G) Certain married individuals living apart.-- For purposes of this section, an individual who-- ``(i) is married (within the meaning of section 7703(a)) and files a separate return for the taxable year, ``(ii) lives with a qualifying child of the individual for more than one-half of such taxable year, and ``(iii) during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, shall not be considered as married.''. (2) Conforming amendments.-- (A) The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``section 7703'' and inserting ``section 7703(a)''. (B) Section 32(d) of such Code is amended by striking ``In the case of an individual who is married (within the meaning of section 7703)'' and inserting ``In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G)''. (f) Elimination of Disqualified Investment Income Test.-- (1) In general.--Section 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i). (2) Conforming amendments.-- (A) Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended-- (i) by striking ``subsections'' and inserting ``subsection'', and (ii) by striking ``and (i)(1)''. (B) Section 32(j)(2) of such Code is amended to read as follows: ``(2) Rounding.--If any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10.''. (g) Simplification of Rules Regarding Presence of Qualifying Child.-- (1) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.--Section 32(c)(1) of the Internal Revenue Code of 1986 (relating to eligible individual), as amended by this Act, is amended by adding at the end the following new paragraph: ``(H) Taxpayer eligible for credit for worker without qualifying child if qualifying child claimed by another member of family.-- ``(i) General rule.--Except as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year. ``(ii) Exception if qualifying child claimed by parent.--If an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other parent of such child who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.''. (2) Taxpayer eligible for credit for worker without qualifying child if qualifying children do not have valid social security number.--Subparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows: ``(F) Individuals who do not include tin, etc., of any qualifying child.--In the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child.''. (h) Increased Penalty for Failure To Be Diligent in Determining Eligibility for Earned Income Credit.--Section 6695(g) of the Internal Revenue Code of 1986 is amended by striking ``$100'' and inserting ``$500''. (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2010. (2) Increased penalty.--The amendment made by subsection (h) shall apply to returns required to be filed after December 31, 2011. (j) Repeal of EGTRRA Sunset.--Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset provisions of such Act) shall not apply to section 303 of such Act. | Strengthen the Earned Income Tax Credit Act of 2011 - Amends the Internal Revenue Code to: (1) make permanent the reduction in the marriage penalty applicable to the earned income tax credit, (2) increase such tax credit for families with three or more qualifying children and for individuals with no qualifying children, (3) extend such credit to individuals at age 21 (currently age 25) who do not have a qualifying child, (4) allow such credit for certain married individuals who live apart from their spouses and file separate tax returns (abandoned spouse rule), (5) repeal provisions denying such credit for individuals with excessive investment income, and (6) increase to $500 the penalty on tax return preparers for failure to be diligent in determining eligibility for the earned income tax credit. Makes permanent provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 relating to the earned income tax credit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Human Rights and Democracy Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing December 19, 1984 (in this Act referred to as the ``Joint Declaration'')-- (A) provided that the People's Republic of China resumed sovereignty over Hong Kong on July 1, 1997; and (B) established a ``high degree of autonomy'' for Hong Kong except in matters of foreign affairs and defense. (2) The Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China (in this Act referred to as ``Basic Law'')-- (A) guarantees Hong Kong a ``high degree of autonomy'' and separate executive, legislative, and independent judicial powers; (B) generally prohibits the central Government of the People's Republic of China from interfering in the affairs that Hong Kong administers on its own according to the Basic Law; (C) protects the rights to free speech, press, assembly, and religion; (D) provides that the socialist system and policies shall not be practiced in Hong Kong and that Hong Kong's capitalist system and way of life shall remain unchanged for 50 years (the principle of ``one country, two systems''); (E) affirms the continuing applicability of the International Covenant on Civil and Political Rights to Hong Kong; (F) provides that the head of the Hong Kong Special Administrative Region shall be the Chief Executive; (G) provides that ``the ultimate aim is the selection of the Chief Executive by universal suffrage upon nomination by a broadly representative nominating committee in accordance with democratic procedures''; (H) provides that the legislature of the Hong Kong Special Administrative Region shall be the Legislative Council; and (I) provides that ``the ultimate aim is the election of all the members of the Legislative Council by universal suffrage''. (3) The National People's Congress Standing Committee (NPCSC) determined on December 29, 2007, that Hong Kong could elect the Chief Executive by universal suffrage beginning in 2017, and that Hong Kong could thereafter elect the Legislative Council by universal suffrage beginning in 2020. (4) The Chief Executive is currently selected by an Election Committee consisting of 1,200 members. In order to run, candidates for Chief Executive must currently receive the support of one-eighth of the members of the Election Committee, the majority of whom reportedly support or have ties to the Chinese Communist Party. (5) On August 31, 2014, the NPCSC determined that the 2017 election for the Chief Executive could be held by universal suffrage but that Hong Kong voters could only choose from two to three candidates, each of whom is to be chosen by a majority of a nominating committee similar to the current Election Committee that is heavily controlled by pro-Beijing members. (6) International standards for elections, including Article 21 of the Universal Declaration of Human Rights and Article 25 of the International Covenant on Civil and Political Rights, guarantee citizens the right to vote and to be elected in genuine periodic elections by universal and equal suffrage without unreasonable restrictions. (7) Hundreds of thousands of Hong Kong residents have consistently and peacefully expressed their dissatisfaction with the electoral reform plans of the Hong Kong government and the Government of the People's Republic of China, including the August 2014 NPCSC decision, and have called for a genuine choice in elections that meet international standards. Their peaceful and orderly protests have set an example for other democratic movements around the world, including those in mainland China who continue to fight for their fundamental freedoms. (8) Media reports indicate that Hong Kong police used tear gas and pepper spray against demonstrators on September 28, 2014, and that police allegedly failed to adequately protect demonstrators from mobs of counter-protestors, some of whom had affiliations with gangs known as ``triads'', who beat students and forcibly tried to remove them from their places of protest. There have also been several accusations of excessive use of force by the Hong Kong Police which are under investigation. (9) The United States enjoys close economic, social, and cultural ties with Hong Kong. According to the Department of State, 60,000 United States citizens live in Hong Kong, and 1,400 United States businesses have offices there. According to the Office of the United States Trade Representative, Hong Kong is the United States 18th largest trade partner and 9th largest goods export market. (10) Hong Kong's unique status as an international finance center where the rule of law and the rights and freedoms of its citizens are protected has served as the foundation for Hong Kong's stability and prosperity. (11) Section 301 of the Hong Kong Policy Act of 1992 (22 U.S.C. 5731) required the Secretary of State to issue reports on conditions in Hong Kong of interest to the United States, including the development of democratic institutions in Hong Kong, and the last report under section 301 was issued on June 30, 2007. (12) Failure to establish a genuine democratic option to nominate and elect the Chief Executive of Hong Kong by 2017 and to establish open and direct democratic elections for all members of the Hong Kong Legislative Council by 2020 would reduce confidence in the commitment of the Government of the People's Republic of China to uphold its obligations under international law, and would erode the ability of Hong Kong to retain a high degree of autonomy. (13) During an October 2014 session, the United Nations Human Rights Committee, consisting of 18 independent experts, reviewed China's compliance with the International Covenant on Civil and Political Rights with respect to Hong Kong. According to the session's chair, the Committee agreed on ``the need to ensure universal suffrage, which means both the right to be elected as well as the right to vote. The main concerns of Committee members were focused on the right to stand for elections without unreasonable restrictions.'' Another Committee member said that the ``committee doesn't want candidates filtered. The problem is that Beijing wants to vet candidates.''. (14) The Congressional-Executive Commission on China's 2014 Annual Report found that press freedom in Hong Kong is under threat, including reports of ``violent attacks on individuals associated with the press, self-censorship among journalists, and pressure from the Hong Kong and central governments and mainland Chinese businesses.''. (15) The Hong Kong Journalists Association's 2014 Annual Report noted that Hong Kong journalists rated self-censorship at 6.9 on a 10 point scale, which the Association considered a ``low level'' of press freedom. (16) Hong Kong ranked 61st among 180 countries in Reporters Without Borders' 2014 World Press Freedom Index, down three places from the previous year and a significant decline from 2002 when Hong Kong ranked 18th. (17) By providing timely, uncensored, accurate information in their native language, United States international broadcast services, through the Broadcasting Board of Governors, help those living in countries with poor human rights records, such as China, to better defend their human rights and hold their government accountable. SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992, namely that-- (A) the United States has ``a strong interest in the continued vitality, prosperity, and stability of Hong Kong''; (B) ``support for democratization is a fundamental principle of United States foreign policy''; (C) ``the human rights of the people of Hong Kong are of great importance to the United States and are directly relevant to United States interests in Hong Kong''; (D) human rights ``serve as a basis for Hong Kong's continued economic prosperity''; and (E) Hong Kong must remain sufficiently autonomous from the People's Republic of China to justify a different treatment under a particular law of the United States, or any provision thereof, from that accorded the People's Republic of China; (2) to support the democratic aspirations of the people of Hong Kong, as guaranteed to them by the Joint Declaration, the Basic Law, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights; (3) to urge the Government of the People's Republic of China to uphold its commitments to Hong Kong, including allowing the people of Hong Kong to rule Hong Kong with a high degree of autonomy and without undue interference, and ensuring that Hong Kong voters freely enjoy the right to elect the Chief Executive and all members of the Hong Kong Legislative Council by universal suffrage; (4) to support the establishment by 2017 of a genuine democratic option to freely and fairly nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of open and direct democratic elections for all members of the Hong Kong Legislative Council; and (5) to support press freedom and journalistic independence, including the continuation of international broadcasting programming in Cantonese that is readily accessible to Cantonese speaking populations in China and in Hong Kong. SEC. 4. REINSTATEMENT OF REPORTING REQUIREMENTS RELATED TO UNITED STATES-HONG KONG RELATIONS. Section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731) is amended-- (1) by striking ``Not later than'' and all that follows through ``the Secretary of State'' and inserting ``Not later than March 31, 2015, and annually thereafter for 10 years or until such earlier date that the Secretary of State certifies that Hong Kong has held free and fair elections for two consecutive Chief Executive and two consecutive Legislative Council periods, the Secretary of State''; (2) by striking ``Speaker of the House of Representatives'' and inserting ``chairman of the Committee on Foreign Affairs of the House of Representatives''; (3) in paragraph (7), by striking ``; and'' and inserting a semicolon; (4) in paragraph (8), by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following new paragraph: ``(9) matters in which Hong Kong is given separate treatment under the laws of the United States from that accorded to the People's Republic of China and in accordance with this Act.''. SEC. 5. TREATMENT OF HONG KONG UNDER UNITED STATES LAW. Title II of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5721 et seq.) is amended by inserting after section 202 the following new section: ``SEC. 202A. TREATMENT OF HONG KONG UNDER UNITED STATES LAW. ``(a) Presidential Certification Requirement.--Hong Kong is ineligible for treatment different from that accorded the People's Republic of China under United States laws, agreements, or arrangements enacted or entered into after the date of the enactment of this Act unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify such different treatment. ``(b) Waiver Authority.--The President may waive the application of subsection (a) if the President-- ``(1) determines that such a waiver is in the national security interests of the United States; and ``(2) on or before the date on which the waiver takes effect, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a notice of and justification for the waiver.''. | Hong Kong Human Rights and Democracy Act - Amends the United States-Hong Kong Policy Act of 1992 to direct the Secretary of State to report to Congress on conditions in Hong Kong that are of U.S. interest by March 31, 2015, and annually thereafter for 10 years or until the Secretary certifies that Hong Kong has held free and fair elections for 2 consecutive Chief Executive and 2 consecutive Legislative Council periods. States that it is U.S. policy to: reaffirm the principles set forth in the United States-Hong Kong Policy Act of 1992; support the democratic aspirations of the people of Hong Kong; urge China's government to uphold its commitments to Hong Kong; support the establishment by 2017 of a democratic option to nominate and elect the Chief Executive of Hong Kong, and the establishment by 2020 of democratic elections for all members of the Hong Kong Legislative Council; and support freedom of the press. States that Hong Kong is ineligible for treatment different from that accorded to China under U.S. laws or agreements unless the President certifies to Congress that Hong Kong is sufficiently autonomous to justify different treatment. Authorizes the President to waive such ineligibility if waiver is in the U.S. national interest and Congress is given a justification of the waiver on or before the date it takes effect. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gynecologic Cancer Education and Awareness Act of 2003'' or ``Johanna's Law''. SEC. 2. CERTAIN PROGRAMS REGARDING GYNECOLOGIC CANCERS. (a) National Public Awareness Campaign.-- (1) In general.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary''), acting through the Director of the National Institutes of Health and in collaboration with the Director of the Centers for Disease Control and Prevention, shall carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers. (2) Written materials.--Activities under the national campaign under paragraph (1) shall include-- (A) maintaining a supply of written materials that provide information to the public on gynecologic cancers; and (B) distributing the materials to members of the public upon request. (3) Public service announcements.--Activities under the national campaign under paragraph (1) shall, in accordance with applicable law and regulations, include developing and placing, in telecommunications media, public service announcements intended to encourage women to discuss with their physicians their risks of gynecologic cancers. Such announcement shall inform the public on the manner in which the written materials referred to in paragraph (2) can be obtained upon request, and shall call attention to early warning signs and risk factors based on the best available medical information. (b) Demonstration Projects Regarding Outreach and Education Strategies.-- (1) In general.--The Secretary, acting through the Director of the National Institutes of Health and the Director of the Centers for Disease Control and Prevention, shall carry out a program to make grants to nonprofit private entities for the purpose of testing different outreach and education strategies to increase the awareness and knowledge of women and health care providers with respect to gynecologic cancers, including early warning signs and treatment options. Such strategies shall include strategies directed at physicians, nurses, and key health professionals and families. (2) Preferences in making grants.--In making grants under paragraph (1), the Secretary shall give preference-- (A) to applicants with demonstrated expertise in gynecologic cancer education or treatment or in working with groups of women who are at especially high risk of gynecologic cancers; and (B) to applicants that, in the demonstration project under the grant, will establish linkages between physicians, nurses, and key health professionals, hospitals, payers, and State health departments. (3) Application for grant.--A grant may be made under paragraph (1) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Secretary determines to be necessary to carry out this subsection. (4) Certain requirements.--In making grants under paragraph (1)-- (A) the Secretary shall make grants to not fewer than five applicants, subject to the extent of amounts made available in appropriations Acts; and (B) the Secretary shall ensure that information provided through demonstration projects under such grants is consistent with the best available medical information. (5) Report to congress.--Not later than February 1, 2008, the Secretary shall submit to the Congress a report that-- (A) summarizes the activities of demonstration projects under paragraph (1); (B) evaluates the extent to which the projects were effective in increasing early detection of gynecologic cancers and awareness of risk factors and early warning signs in the populations to which the projects were directed; and (C) identifies barriers to early detection and appropriate treatment of such cancers. (c) Funding.-- (1) National public awareness campaign.--For the purpose of carrying out subsection (a), there is authorized to be appropriated in the aggregate $15,000,000 for the fiscal years 2004 through 2006. (2) Demonstration projects regarding outreach and education strategies.-- (A) Authorization of appropriations.--For the purpose of carrying out subsection (b), there is authorized to be appropriated in the aggregate $55,000,000 for the fiscal years 2004 through 2006. (B) Administration, technical assistance, and evaluation.--Of the amounts appropriated under subparagraph (A), not more than 9 percent may be expended for the purpose of administering subsection (b), providing technical assistance to grantees under such subsection, and preparing the report under paragraph (5) of such subsection. | Gynecologic Cancer Education and Awareness Act of 2003 or Johanna's Law - Directs The Secretary of Health and Human Services: (1) through the National Institutes of Health (NIH), and in collaboration with the Director of the Centers for Disease Control and Prevention, to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers; and (2) through NIH and the Director, to carry out a demonstration program with nonprofit private entities to test different outreach and education strategies to increase such awareness among women and health care providers. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Crop Insurance Improvement Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment or approval of expected market price for each agricultural commodity for which insurance is offered. Sec. 3. Fixing adequate premium amounts for additional coverage. Sec. 4. Payment of portion of crop insurance premium by Corporation. Sec. 5. Effect of disaster declaration on determination of producer's actual production history. Sec. 6. Assigned yields for newly acquired lands and new crops. Sec. 7. Cost of production risk protection pilot project. Sec. 8. Rating methodologies pilot project. Sec. 9. Livestock coverage pilot project. Sec. 10. Board of directors of Corporation. SEC. 2. ESTABLISHMENT OR APPROVAL OF EXPECTED MARKET PRICE FOR EACH AGRICULTURAL COMMODITY FOR WHICH INSURANCE IS OFFERED. Section 508(c) of the Federal Crop Insurance Act (7 U.S.C. 1508(c)) is amended by striking paragraph (5) and inserting the following new paragraph: ``(5) Expected market price.-- ``(A) Establishment or approval.--For the purposes of this title, the Corporation shall establish or approve the price level (referred to in this title as the `expected market price') of each agricultural commodity for which insurance is offered. ``(B) Amount generally.--Except as provided in subparagraphs (C) and (D), the expected market price of an agricultural commodity shall be not less than the projected market price of the agricultural commodity, as determined by the Corporation, but the expected market price may be based on the actual market price of the agricultural commodity at the time of harvest, as determined by the Corporation. ``(C) Revenue and similar plans.--In the case of revenue and other similar plans of insurance, the expected market price of an agricultural commodity shall be the actual market price of the agricultural commodity, as determined by the Corporation. ``(D) Cost of production and similar plans.--In the case of cost of production or similar plans of insurance, the expected market price of an agricultural commodity shall be the projected cost of producing the agricultural commodity, as determined by the Corporation.''. SEC. 3. FIXING ADEQUATE PREMIUM AMOUNTS FOR ADDITIONAL COVERAGE. Section 508(d)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(d)(2)) is amended-- (1) in subparagraph (B), by striking ``under all policies with that level of coverage'' after ``anticipated losses''; and (2) by striking subparagraph (C) and inserting the following new subparagraphs: ``(C) In the case of additional coverage at greater than or equal to 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, but less than 75 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the amount of the premium shall-- ``(i) be sufficient to cover anticipated losses under all policies with that level of coverage and a reasonable reserve; and ``(ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio. ``(D) In the case of additional coverage equal to or greater than 75 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the amount of the premium shall-- ``(i) be sufficient to cover anticipated losses under all policies with that level of coverage and a reasonable reserve; and ``(ii) include an amount for operating and administrative expenses, as determined by the Corporation, on an industry-wide basis as a percentage of the amount of the premium used to define loss ratio.''. SEC. 4. PAYMENT OF PORTION OF CROP INSURANCE PREMIUM BY CORPORATION. (a) Payment Required.--Section 508(e) of the Federal Crop Insurance Act (7 U.S.C. 1508(e)) is amended-- (1) by striking paragraph (1) and inserting the following new paragraph: ``(1) In general.-- ``(A) Mandatory payments.--For the purpose of encouraging the broadest possible participation of producers in the crop insurance plans of insurance authorized to be insured or reinsured under subsections (b) and (c), the Corporation shall pay a part of the premium in the amounts determined under this subsection. ``(B) Discretionary payments.--In the case of a plan of insurance approved by the Corporation under subsection (h), the Corporation may pay a part of the premium in the amounts not to exceed the amounts determined under this subsection.''; and (2) in paragraph (2), by striking subparagraphs (B) and (C) and inserting the following new subparagraphs: ``(B) In the case of additional coverage less than 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the amount shall be equal to the sum of-- ``(i) 45 percent of the amount of the premium established under subsection (d)(2)(B) to satisfy the requirements of clause (i) of such subsection; and ``(ii) the amount of operating and administrative expenses included under subsection (d)(2)(B)(ii). ``(C) In the case of coverage at greater than or equal to 65 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, but less than 75 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the amount shall be equal to the sum of-- ``(i) 50 percent of the amount of the premium established under subsection (d)(2)(C) to satisfy the requirements of clause (i) of such subsection; and ``(ii) the amount of operating and administrative expenses included under subsection (d)(2)(C)(ii). ``(D) In the case of coverage equal to or greater than 75 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price, or an equivalent coverage, the amount shall be equal to the sum of-- ``(i) 55 percent of the amount of the premium established under subsection (d)(2)(D) to satisfy the requirements of clause (i) of such subsection for coverage at 75 percent of the recorded or appraised average yield indemnified at 100 percent of the expected market price; and ``(ii) the amount of operating and administrative expenses included under subsection (d)(2)(D)(ii).''. (d) Conforming Amendment.--Section 508(h)(2) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)(2)) is amended by striking the second sentence. SEC. 5. EFFECT OF DISASTER DECLARATION ON DETERMINATION OF PRODUCER'S ACTUAL PRODUCTION HISTORY. (a) Definition of Designated Disaster Area.--Section 502(b) of the Federal Crop Insurance Act (7 U.S.C. 1502(b)) is amended-- (1) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (2) by inserting after paragraph (5) the following new paragraph: ``(6) Designated disaster area.--The term `designated disaster area' means an area-- ``(A) covered by a Presidential declaration of major disaster issued under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or ``(B) determined to be a disaster area by the Secretary under subpart A of part 1945 of title 7, Code of Federal Regulations.''. (b) Yield Determinations.--Section 508(g) of such Act (7 U.S.C. 1508(g)) is amended by striking paragraph (3) and inserting the following new paragraph (3): ``(3) Exclusion of one or more crop years.--In establishing the actual production history of a producer for a crop under paragraph (2)(A) or using the producer's actual production records for any other purpose under this subsection, the Corporation shall exclude any crop year of the crop at the producer's election if, at any time during the crop year, the county in which the crop was grown (or an adjacent county) was included in a designated disaster area declared as a result of damaging weather.''. SEC. 6. ASSIGNED YIELDS FOR NEWLY ACQUIRED LANDS AND NEW CROPS. Section 508(g)(2)(B) of the Federal Crop Insurance Act (7 U.S.C. 1508(g)(2)(B)) is amended by adding at the end the following new sentence: ``However, if the lack of satisfactory yield evidence is the result of the recent acquisition of land by the producer, the conversion of noncrop land to production, or the conversion of cropland to a different crop, as determined by the Corporation, then at the election of the producer, the Corporation shall assign the producer a yield for that land that is equal to 100 percent of the average transitional yield for the commodity involved in the county in which the land is located.''. SEC. 7. COST OF PRODUCTION RISK PROTECTION PILOT PROJECT. Section 508(h)(6) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)(6)) is amended-- (1) in subparagraph (A), by striking ``, to the extent practicable,''; (2) in subparagraph (B)(i), by striking ``1996 and 1997 crop years'' and inserting ``2000 through 2004 crop years''; and (3) by striking subparagraph (C) and inserting the following new subparagraph: ``(C) Coverage level; determination of cost of production.--A producer electing to participate in the pilot project may select a coverage level not to exceed 90 percent of the applicable cost of production determined by the Office of Risk Management for the county or an area of the county in which the producer's farm is located. The cost of production coverage determined by the Office shall be based on cost of production data prepared and published by the land- grant college or university for the State in which the producer's farm is located.''. SEC. 8. RATING METHODOLOGIES PILOT PROJECT. (a) In General.--Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended by striking paragraph (8) and inserting the following new paragraph: ``(8) Rating methodologies pilot project.--Not later than September 30, 2000, the Office of Risk Management shall-- ``(A) review the methodologies that are used to rate plans of insurance under this title; and ``(B) enter into a contract with a person in the private sector to develop new methodologies for rating plans of insurance under this title that take into account the lower risk pool of-- ``(i) producers that elect not to participate in the Federal crop insurance program established under this title; and ``(ii) producers that elect only to obtain catastrophic risk protection under subsection (b).''. (b) Conforming Amendment.--Section 507(c) of the Federal Crop Insurance Act (7 U.S.C. 1507(c)) is amended in the last sentence by striking ``Nothing'' and inserting ``Except as provided in section 508(h)(8), nothing''. SEC. 9. LIVESTOCK COVERAGE PILOT PROJECT. Section 508(h) of the Federal Crop Insurance Act (7 U.S.C. 1508(h)) is amended by adding at the end the following new paragraph: ``(11) Livestock coverage pilot project.--Notwithstanding section 518, the Corporation shall carry out a pilot project in a limited number of counties, to be selected by the Corporation, under which a producer of livestock may elect to receive federally reinsured coverage under this title.''. SEC. 10. BOARD OF DIRECTORS OF CORPORATION. Section 505 of the Federal Crop Insurance Act (7 U.S.C. 1505) is amended by striking subsection (a) and inserting the following new subsection: ``(a) Board of Directors.-- ``(1) In general.--The management of the Corporation shall be vested in a Board subject to the general supervision of the Secretary. ``(2) Composition.--The Board shall consist of-- ``(A) 2 members who are active agricultural producers with or without crop insurance; ``(B) 1 member who is active in the crop insurance business; ``(C) 1 member who is active in the reinsurance business; ``(D) the Under Secretary for Farm and Foreign Agricultural Services; ``(E) the Under Secretary for Rural Development; and ``(F) the Chief Economist of the Department of Agriculture. ``(3) Appointment and terms of private sector members.--The members of the Board described in subparagraphs (A), (B), and (C) of paragraph (2)-- ``(A) shall be appointed by, and hold office at the pleasure of, the Secretary; ``(B) shall not be otherwise employed by the Federal Government; ``(C) shall be appointed to staggered 4-year terms, as determined by the Secretary; and ``(D) shall serve not more than 2 consecutive terms. ``(4) Chairperson.--The Board shall select a member of the Board described in subparagraph (A), (B), or (C) of paragraph (2) to serve as Chairperson of the Board.''. | Crop Insurance Improvement Act of 1999 - Amends the Federal Crop Insurance Act to specify expected market price criteria for revenue or production-based crop insurance. (Sec. 3) Provides for 75 percent additional coverage. (Sec. 4) Revises Federal Crop Insurance Corporation premium subsidy provisions, including by making provision for certain mandatory and discretionary payments. (Sec. 5) Defines "designated disaster area." Excludes from yield determinations at producer request any crop year during which the county in which the crop was grown (or adjacent county) was included in a designated disaster area. (Sec. 6) Provides elective average production history adjustments for producers who are working new land or new crops. (Sec. 7) Extends the pilot cost of production risk protection plan. Authorizes 90 percent coverage. (Sec. 8) Directs the Office of Risk Management to contract for a rating methodologies development pilot program. (Sec. 9) Directs the Corporation to carry out a pilot livestock coverage project. (Sec. 10) Revises the membership of the Corporation's Board of Directors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pima County Land Adjustment Act''. SEC. 2. LAND EXCHANGE, EMPIRITA-SIMONSON AND SAHUARITA PROPERTIES, ARIZONA. (a) Exchange Authorized.--If Las Cienegas Conservation, LLC, conveys to the Secretary of the Interior all right, title, and interest of Las Cienegas Conservation, LLC, in and to the Empirita-Simonson property, the Secretary shall convey to Las Cienegas Conservation, LLC, all right, title, and interest of the United States in and to the Sahuarita property. (b) Boundary Adjustment.--Upon receipt of the Empirita-Simonson property, the Secretary shall modify the boundaries of the Las Cienegas National Conservation Area to include the Empirita-Simonson property. (c) Time for Exchange.--Except as otherwise provided by this Act, the land exchange authorized under this section shall be completed prior to the expiration of the 90-day period beginning on the later of the following dates: (1) The date on which the title standards described in section 4(a) are met with regard to the properties to be conveyed to the United States. (2) The date on which the appraisals described in section 4(c)(1) for the properties are approved by both the Secretary and Las Cienegas Conservation, LLC, or in the case of a dispute concerning an appraisal or appraisal issue arising under that section, the date the dispute is resolved under that section. (d) Cash Equalization Payment.-- (1) In general.--If the values of lands to be exchanged under this section are not equal, they shall be equalized by the payment of cash to the Secretary or Las Cienegas Conservation, LLC, as the circumstances dictate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Disposition and use of funds.--Notwithstanding any other provision of law, any cash equalization payment received by the Secretary under this section shall be deposited into a separate account in the Treasury, which shall be available to the Secretary, without further appropriation and until expended, solely for the purpose of-- (A) the acquisition of land or interests in land within or adjacent to national conservation lands in southern Arizona; and (B) resource management by the Bureau of Land Management in Pima County, Arizona. (e) Water Rights.-- (1) Lands owned by pima county.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and Pima County, Arizona, enter into an agreement under which Neal Simonson (or his successors in interest) relinquishes to Pima County any right to withdraw water from lands owned by Pima County in section 17, township 17 south, range 18 east, Gila and Salt River Baseline and Meridian. (2) Empirita-simonson property.--The exchange under this section may not take place unless Neal Simonson (or his successors in interest) and the Secretary enter into an agreement under which Neal Simonson (or his successors in interest) limits his reserved withdrawal right on the Empirita- Simonson property to maximum of 550 acre feet per year. (f) Road Access.--Within 18 months after acquisition by the United States of title to the Empirita-Simonson property, the Secretary shall provide the Secretary of Agriculture a right of way for motorized public road access through the Empirita-Simonson property to the boundary of the Coronado National Forest, acting pursuant to section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767). (g) Environmental Review.--As a condition of the exchange authorized by this section, Las Cienegas Conservation, LLC, shall pay direct costs incurred in connection with the environmental review and any required mitigation of the selected lands. (h) Endangered Species Act Review.--The Secretary shall review the conveyance of the Sahuarita property under this section in accordance with section 7(a)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(a)(1)). SEC. 3. ACQUISITION AND CONVEYANCE OF TUMAMOC HILL PROPERTY. (a) Acquisition of Tumamoc Hill Property.-- (1) In general.--Notwithstanding any other provision of law, upon the expiration of the 30-day period beginning on the date of the enactment of this Act, all right, title, and interest to, and the right to immediate possession of, the Tumamoc Hill property is hereby vested in the United States. The Tumamoc Hill property shall remain subject to existing easements of record. (2) Compensation.--As consideration for the Tumamoc Hill property acquired under paragraph (1), the State of Arizona, State Land Department, shall receive an amount equal to the agreed negotiated value of the Tumamoc Hill property, determined as of the date of the acquisition, or the just compensation determined by judgment. (3) Determination of value by court.--In the absence of agreement as to the amount of just compensation, the State of Arizona or the Secretary may initiate a proceeding in the United States District Court for the District of Arizona seeking a determination of just compensation for the acquisition of the Tumamoc Hill property. (4) Withdrawal.--Subject to valid existing rights, the Tumamoc Hill property is withdrawn from-- (A) all forms of entry and appropriation under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) Conveyance Authorized.-- (1) In general.--When Pima County, Arizona, pays to the State of Arizona, State Land Department, the amount of compensation determined under subsection (a), the Secretary shall convey to Pima County all right, title, and interest of the United States in and to the Tumamoc Hill property. (2) Time for conveyance.--The conveyance authorized under paragraph (1) shall be completed prior to the expiration of the 180-day period which begins on the date Pima County pays to the State of Arizona, State Land Department, the amount described in paragraph (1). SEC. 4. ADMINISTRATION OF LAND EXCHANGES. (a) Title Standards.--The Secretary shall require that title to the lands to be exchanged under this Act conform with the title standards of the Attorney General of the United States. (b) Corrections to Legal Descriptions.--By mutual agreement, the Secretary and the party involved may adjust the legal descriptions contained in this Act to correct errors or to make minor adjustments in the boundaries of the lands to be exchanged. (c) Appraisals.-- (1) In general.--The values of the lands to be exchanged under this Act shall be determined by the Secretary through an appraisal performed by a qualified appraiser selected from the Department of the Interior approved contractor list and mutually agreed to by the Secretary and the party involved and performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (United States Department of Justice, December 2000), the Uniform Standards of Professional Appraisal Practice, and section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)). (2) Deadline for appraisals.--All appraisals under this Act shall be completed and submitted to the Secretary and the party involved for approval before the expiration of the 180-day period beginning on the date of the enactment of this Act. (d) Deadline for Environmental Reviews.--Before the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary shall complete all environmental reviews of lands to be exchanged under this Act that are required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Elgin Landfill.--The boundary of the Las Cienegas National Conservation Area is modified to exclude the 40-acre tract presently leased by the Bureau of land management to the town of Elgin, Arizona, for a sanitary landfill. SEC. 5. DEFINITIONS. In this Act: (1) The term ``Empirita-Simonson property'' means the parcel of land consisting of approximately 2,490 acres in sections 14, 22, 23, 24, 25, 26, and 36, township 17 south, range 18 east, Gila and Salt River Base and Meridian. (2) The term ``Sahuarita property'' means the parcel of land consisting of approximately 1,280 acres in sections 5, 7, and 8, township 17 south, range 15 east, Gila and Salt River Base and Meridian. (3) The term ``Secretary'' means the Secretary of the Interior. (4) The term ``Tumamoc Hill property'' means the parcel of land owned by the State of Arizona consisting of approximately 290 acres in sections 9, 10, 15, and 16 township 14 south, range 13 east, Gila and Salt River Base and Meridian, excluding approximately 30 acres of landfill as shown on the map on file in the records of Pima County, Arizona. | Pima County Land Adjustment Act - Requires the Secretary of the Interior (the Secretary) to convey to Las Cienegas Conservation, LLC, the Sahuarita property, which consists of approximately 1,280 acres, in exchange for the Empirita-Simonson property, which consists of approximately 2,490 acres. Requires the Secretary to modify the boundaries of the Las Cienegas National Conservation to include the Empirita-Simonson property. Instructs the Secretary to provide to the Secretary of Agriculture a right of way for motorized public road access through the Empirita-Simonson property to the boundary of the Coronado National Forest. Requires the Secretary to convey the Tumamoc Hill property, which consists of approximately 290 acres, to Pima County, Arizona upon the County paying the value of such property to the State of Arizona and the State Land Department. Modifies the boundary of the Las Cienegas National Conservation Area to exclude the 40-acre tract presently leased by the Bureau of Land Management to the town of Elgin, Arizona, for a sanitary landfill. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Generating Reinvestment Opportunities With America's Small Businesses Act of 2009'' or the ``GROW America's Small Businesses Act of 2009''. SEC. 2. DEFERRED PAYMENT OF TAX BY CERTAIN SMALL BUSINESSES. (a) In General.--Subchapter B of chapter 62 of the Internal Revenue Code of 1986 (relating to extensions of time for payment of tax) is amended by adding at the end the following new section: ``SEC. 6168. EXTENSION OF TIME FOR PAYMENT OF TAX FOR CERTAIN SMALL BUSINESSES. ``(a) In General.--An eligible small business may elect to pay the tax imposed by chapter 1 in 4 equal installments. ``(b) Limitation.--The maximum amount of tax which may be paid in installments under this section for any taxable year shall not exceed whichever of the following is the least: ``(1) The tax imposed by chapter 1 for the taxable year. ``(2) The amount contributed by the taxpayer into a GROW Account during such year. ``(3) The excess of $275,000 over the aggregate amount of tax for which an election under this section was made by the taxpayer (or any predecessor) for all prior taxable years. ``(c) Eligible Small Business.--For purposes of this section-- ``(1) In general.--The term `eligible small business' means, with respect to any taxable year, any person if-- ``(A) such person meets the active business requirements of section 1202(e) throughout such taxable year, ``(B) the taxpayer has gross receipts of $12,000,000 or less for the taxable year, ``(C) the gross receipts of the taxpayer for such taxable year are at least 10 percent greater than the average annual gross receipts of the taxpayer (or any predecessor) for the 2 prior taxable years, and ``(D) the taxpayer uses an accrual method of accounting. ``(2) Certain rules to apply.--Rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply for purposes of this subsection. ``(d) Date for Payment of Installments; Interest.-- ``(1) Date for payment of installments.-- ``(A) In general.--If an election is made under this section for any taxable year, the first installment shall be paid on or before the due date for such installment and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment. ``(B) Due date for first installment.--The due date for the first installment for a taxable year shall be whichever of the following is the earliest: ``(i) The date selected by the taxpayer. ``(ii) The date which is 2 years after the date prescribed by section 6151(a) for payment of the tax for such taxable year. ``(C) Additional deferral where employment increases.-- ``(i) In general.--Subparagraph (B)(ii) shall be applied by substituting `3 years' for `2 years' in the case of an eligible small business which meets the employment increase requirement of clause (ii) for the second taxable year following the taxable year for which the election is made. ``(ii) Employment increase requirement.-- The employment increase requirement of this clause is met for such second taxable year if the average daily number of full-time employees of such business for the last calendar quarter ending in such taxable year is at least 10 percent greater than such average number for the last calendar quarter ending before the date that the GROW Account of such business is established. For purposes of this clause, an employee shall be considered full-time if such employee is employed at least 35 hours per week. ``(iii) Salary maintenance of called-up reservist treated as employment increase.--For purposes of clause (ii), an eligible small business shall be treated as having an additional full-time employee for any period for each employee who is a Ready Reserve/ National Guard employee of such business serving on qualified active duty for such period if the compensation paid or incurred by such business to such employee for such period is not less than the active duty wage differential of such employee for such period. For the definition of terms used in this clause, see subsection (g). ``(2) Interest.--For purposes of determining interest under section 6601, if the time for payment of an amount of tax has been extended under this section, the due date prescribed for payment of such tax which is to be paid in an installment under this section shall be the due date for such installment. ``(e) Special Rules.-- ``(1) Application of limitation to partners and s corporation shareholders.-- ``(A) In general.--In applying this section to a partnership which is an eligible small business-- ``(i) the election under subsection (a) shall be made by the partnership, ``(ii) the amount referred to in subsection (b)(1) shall be the sum of each partner's tax which is attributable to items of the partnership and assuming the highest marginal rate under section 1, and ``(iii) the partnership shall be treated as the taxpayer referred to in paragraphs (2) and (3) of subsection (b). ``(B) Overall limitation also applied at partner level.--In the case of a partner in a partnership, the limitation under subsection (b)(3) shall be applied at the partnership and partner levels. ``(C) Similar rules for s corporations.--Rules similar to the rules of subparagraphs (A) and (B) shall apply to shareholders in an S corporation. ``(2) Acceleration of payment in certain cases.-- ``(A) In general.--If-- ``(i) the taxpayer ceases to meet the requirement of subsection (c)(1)(A), or ``(ii) there is an ownership change with respect to the taxpayer, then the extension of time for payment of tax provided in subsection (a) shall cease to apply, and the unpaid portion of the tax payable in installments shall be paid on or before the due date for filing the return of tax imposed by chapter 1 for the first taxable year following such cessation. ``(B) Ownership change.--For purposes of subparagraph, in the case of a corporation, the term `ownership change' has the meaning given to such term by section 382. Rules similar to the rules applicable under the preceding sentence shall apply to a partnership. ``(3) Proration of deficiency to installments.--Rules similar to the rules of section 6166(e) shall apply for purposes of this section. ``(f) GROW Account.--For purposes of this section-- ``(1) In general.--The term `GROW Account' means a trust created or organized in the United States for the exclusive benefit of an eligible small business, but only if the written governing instrument creating the trust meets the following requirements: ``(A) No contribution will be accepted for any taxable year in excess of the amount allowed as a deferral under subsection (b) for such year. ``(B) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. ``(C) The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. ``(D) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(E) Amounts in the trust may be used only-- ``(i) as security for a loan to the business or for repayment of such loan, or ``(ii) to pay the installments under this section. ``(2) Account taxed as grantor trust.--The grantor of a GROW Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter (relating to grantors and others treated as substantial owners). ``(3) Time when payments deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to a GROW Account on the last day of a taxable year if such payment is made on account of such taxable year and is made within 3\1/ 2\ months after the close of such taxable year. ``(g) Definitions Relating to Salary Maintenance of Called-Up Reservists.--For purposes of subsection (d)(1)(C)(iii)-- ``(1) Ready reserve/national guard employee.-- ``(A) In general.--The term `Ready Reserve/National Guard employee' means any employee-- ``(i) who is a member of the Ready Reserve or of the National Guard, and ``(ii) who was an employee of the taxpayer during the 1-year period ending on the day before the date that the employee begins qualified active duty. ``(B) National guard.--The term `National Guard' has the meaning given such term by section 101(c)(1) of title 10, United States Code. ``(C) Ready reserve.--The term `Ready Reserve' has the meaning given such term by section 10142 of title 10, United States Code. ``(2) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty under an order or call for a period in excess of 90 days or for an indefinite period, other than the training duty specified in-- ``(i) section 10147 of title 10, United States Code (relating to training requirements for the Ready Reserve), or ``(ii) section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under chapter 43 of title 38, United States Code, and ``(B) hospitalization incident to such active duty. ``(3) Active duty wage differential.-- ``(A) In general.--The active duty wage differential of a Ready Reserve/National Guard employee for any period of qualified active duty is the amount equal to the product of-- ``(i) the daily wage differential of such employee for such period, multiplied by ``(ii) the number of days that such employee is on qualified active duty during such period. ``(B) Daily wage differential.--For purposes of subparagraph (A), the daily wage differential of a Ready Reserve/National Guard employee for any period is an amount equal to the excess of-- ``(i) such employee's average daily employer-provided compensation for such period, over ``(ii) such employee's average daily military pay for such period. ``(C) Average daily employer-provided compensation.-- ``(i) In general.--For purposes of subparagraph (B), an employee's average daily employer-provided compensation for any period is the average daily compensation paid by the employer to the employee for the 1-year period ending on the day before the date that the employee begins qualified active duty, adjusted for cost-of-living and other increases generally applicable to employees of the employer for such period. ``(ii) Employer-provided compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind, which is allowable as a deduction under section 162(a)(1). ``(D) Average daily military pay.-- ``(i) In general.--For purposes of subparagraph (B), a Ready Reserve/National Guard employee's average daily military pay is the average daily military pay and allowances received by the employee on account of the employee's performance of qualified active duty during the period. ``(ii) Military pay and allowances.--For purposes of clause (i)-- ``(I) Military pay.--The term `military pay' means pay (as defined in section 101(21) of title 37, United States Code). ``(II) Allowances.--The term `allowances' means the allowances payable to a member of the Armed Forces of the United States under chapter 7 of such title. ``(h) Reports.--The Secretary may require such reporting as the Secretary determines to be appropriate to carry out this section. ``(i) Application of Section.--This section shall apply to taxes imposed for taxable years beginning after the date of the enactment of this section and before January 1, 2011.''. (b) Priority of Lender.--Subsection (b) of section 6323 of such Code is amended by adding at the end the following new paragraph: ``(11) Loans secured by grow accounts.--With respect to a GROW account (as defined in section 6168(f)) with any bank (as defined in section 408(n)), to the extent of any loan made by such bank without actual notice or knowledge of the existence of such lien, as against such bank, if such loan is secured by such account.''. (c) Clerical Amendment.--The table of sections for subchapter B of chapter 62 of such Code is amended by adding at the end the following new item: ``Sec. 6168. Extension of time for payment of tax for certain small businesses.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. (e) Study by General Accounting Office.-- (1) Study.--In consultation with the Secretary of the Treasury, the Comptroller General of the United States shall undertake a study to evaluate the applicability (including administrative aspects) and impact of the GROW America's Small Businesses Act of 2009, including how it affects the capital funding needs of businesses under the Act and number of businesses benefitting. (2) Report.--Not later than March 31, 2011, the Comptroller General shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report presenting the results of the study conducted pursuant to this subsection, together with such recommendations for legislative or administrative changes as the Comptroller General determines are appropriate. | Generating Reinvestment Opportunities with America's Small Businesses Act of 2009 or the GROW America's Small Businesses Act of 2009 - Amends the Internal Revenue Code to: (1) allow certain small businesses (generally, businesses with $12 million or less in gross receipts for a taxable year) to defer payment of income tax by making four equal installments over a specified two-year period; (2) extend such deferral period to three years for small businesses that increase employment and maintain salary levels of employees called to duty as members of the Ready Reserve/National Guard; and (3) establish tax-exempt GROW Accounts to provide financing and tax relief for such small businesses. Requires the Comptroller General to study and report to Congress on the applicability and impact of this Act. |
SECTION 1. COMMISSION ON FREEDOM OF INFORMATION ACT PROCESSING DELAYS. (a) Short Title.--This Act may be cited as the ``Faster FOIA Act of 2005''. (b) Establishment.--There is established the Commission on Freedom of Information Act Processing Delays (in this Act referred to as the ``Commission'') for the purpose of conducting a study relating to methods to help reduce delays in processing requests submitted to Federal agencies under section 552 of title 5, United States Code (commonly referred to as the ``Freedom of Information Act''). (c) Membership.-- (1) In general.--The Commission shall be composed of 16 members of whom-- (A) 3 shall be appointed by the chairman of the Committee on the Judiciary of the Senate; (B) 3 shall be appointed by the ranking member of the Committee on the Judiciary of the Senate; (C) 3 shall be appointed by the chairman of the Committee on Government Reform of the House of Representatives; (D) 3 shall be appointed by the ranking member of the Committee on Government Reform of the House of Representatives; (E) 1 shall be appointed by the Attorney General of the United States; (F) 1 shall be appointed by the Director of the Office of Management and Budget; (G) 1 shall be appointed by the Archivist of the United States; and (H) 1 shall be appointed by the Comptroller General of the United States. (2) Qualifications of congressional appointees.--Of the 3 appointees under each of subparagraphs (A), (B), (C), and (D) of paragraph (1)-- (A) at least 1 shall have experience in submitting requests under section 552 of title 5, United States Code, to Federal agencies, such as on behalf of nonprofit research or educational organizations or news media organizations; and (B) at least 1 shall have experience in academic research in the fields of library science, information management, or public access to Government information. (d) Study.--The Commission shall conduct a study to-- (1) identify methods that-- (A) will help reduce delays in the processing of requests submitted to Federal agencies under section 552 of title 5, United States Code; and (B) ensure the efficient and equitable administration of that section throughout the Federal Government; and (2) examine whether the system for charging fees and granting waivers of fees under section 552 of title 5, United States Code, needs to be reformed in order to reduce delays in processing requests. (e) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit a report to Congress and the President containing the results of the study under this section, which shall include-- (1) a description of the methods identified by the study; (2) the conclusions and recommendations of the Commission regarding-- (A) each method identified; and (B) the charging of fees and granting of waivers of fees; and (3) recommendations for legislative or administrative actions to implement the conclusions of the Commission. (f) Staff and Administrative Support Services.--The Comptroller General of the United States shall provide to the Commission such staff and administrative support services, including research assistance at the request of the Commission, as necessary for the Commission to perform its functions efficiently and in accordance with this section. (g) Information.--To the extent permitted by law, the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service shall provide to the Commission such information as the Commission may require to carry out its functions. (h) Compensation of Members.--Members of the Commission shall serve without compensation for services performed for the Commission. (i) 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. (j) Applicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. (k) Termination.--The Commission shall terminate 30 days after the submission of the report under subsection (e). | Faster FOIA Act of 2005 - Establishes a 16-member Commission on Freedom of Information Act Processing Delays to conduct a study concerning methods to: (1) reduce delays in processing Freedom of Information Act (FOIA) requests submitted to Federal agencies; and (2) ensure the efficient and equitable administration of FOIA throughout the Government. Requires the study to also address whether FOIA fees and fee waivers need to be reformed. Requires the Commission to submit study results and recommendations to Congress and the President within one year. Directs the heads of executive agencies, the Government Accountability Office, and the Congressional Research Service to provide the Commission with information needed by the Commission to carry out its functions. States that the Commission shall terminate 30 days after submitting its report. |
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``American Workers Assistance Act''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note). SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) Six-Month Extension of Program.--Section 208 is amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before July 1, 2004. ``(b) Transition.--In the case of an individual who is receiving temporary extended unemployment compensation for the week which immediately precedes the first day of the week that includes July 1, 2004, temporary extended unemployment compensation shall continue to be payable to such individual for any week thereafter from the account from which such individual received compensation for the week immediately preceding that termination date. No compensation shall be payable by reason of the preceding sentence for any week beginning after December 31, 2004.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note). SEC. 3. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is amended to read as follows: ``(1) In general.--The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.''. (b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by striking ``an amount equal to the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's weekly benefit amount for the benefit year''. (c) Effective Date.-- (1) In general.--The amendments made by this section-- (A) shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note); but (B) shall apply only with respect to weeks of unemployment beginning on or after the date of enactment of this Act, subject to paragraph (2). (2) Special rules.--In the case of an individual for whom a temporary extended unemployment compensation account was established before the date of enactment of this Act, the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this Act) shall be applied subject to the following: (A) Any amounts deposited in the individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') before the date of enactment of this Act shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as ``TEUC amounts''), as amended by subsection (a). (B) For purposes of determining whether the individual is eligible for any TEUC-X amounts under such Act, as amended by this Act-- (i) any determination made under section 203(c) of such Act before the application of the amendments made by this Act shall be disregarded; and (ii) any such determination shall instead be made by applying section 203(c) of such Act, as amended by this Act-- (I) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as amended by this Act, and including any amounts described in subparagraph (A)) are in fact exhausted, except that (II) if such individual's account was both augmented by and exhausted of all TEUC-X amounts before the date of enactment of this Act, such determination shall be made as if exhaustion (as described in section 203(c)(1) of such Act) had not occurred until such date of enactment. SEC. 4. EXTENDED BENEFIT PERIODS. (a) Application of Revised Rate of Insured Unemployment.--Section 207 is amended-- (1) by striking ``In'' and inserting ``(a) In General.-- In''; and (2) by adding at the end the following: ``(b) Insured Unemployment Rate.--For purposes of carrying out section 203(c) with respect to weeks of unemployment beginning on or after the date of enactment of this subsection, the term `rate of insured unemployment', as used in section 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note), has the meaning given such term under section 203(e)(1) of such Act, except that individuals exhausting their right to regular compensation during the most recent 3 calendar months for which data are available before the close of the period for which such rate is being determined shall be taken into account as if they were individuals filing claims for regular compensation for each week during the period for which such rate is being determined, and section 203(d)(1)(A) of such Act shall be applied by substituting `either (or both)' for `each'.''. (b) Additional Extended Benefit Period Trigger.-- (1) In general.--Section 203(c) is amended by adding at the end the following: ``(3) Additional extended benefit period trigger.-- ``(A) In general.--Effective with respect to compensation for weeks of unemployment beginning on or after the date of enactment of this paragraph, an agreement under this title shall provide that, in addition to any other extended benefit period trigger, for purposes of beginning or ending any extended benefit period under this section-- ``(i) there is a State `on' indicator for a week if-- ``(I) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or exceeds 6 percent; and ``(II) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in subclause (I) equals or exceeds 110 percent of such average rate for the corresponding 3-month period ending in either (or both) of the preceding 2 calendar years; and ``(ii) there is a State `off' indicator for a week if either the requirements of subclause (I) or (II) of clause (i) are not satisfied. ``(B) No effect on other determinations.-- Notwithstanding the provisions of any agreement described in subparagraph (A), any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator. ``(C) Determinations made by the secretary.--For purposes of this subsection, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustment) shall be made by the Secretary.''. (2) Conforming amendment.--Section 203(c)(1) is amended by inserting ``or (3)'' after ``paragraph (2)''. | American Workers Assistance Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUC Act) to extend the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004. Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.) Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Early Education Workforce Act''. SEC. 2. BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD CARE PROVIDERS. Title XIX of the Public Health Service Act is amended by adding at the end the following: ``PART D--BLOCK GRANTS REGARDING AFFORDABLE HEALTH INSURANCE FOR CHILD CARE PROVIDERS ``SEC. 1981. FORMULA GRANTS TO STATES. ``For the purpose described in section 1982(a), the Secretary shall make an allotment each fiscal year for each State that submits an application in accordance with section 1983 in an amount determined in accordance with section 1984. ``SEC. 1982. FUNDING AGREEMENTS. ``(a) Purpose.--A funding agreement for a grant under section 1981 is that the State involved will expend the grant only for the purpose of providing access to affordable health benefits coverage for-- ``(1) eligible child care providers and the staff of such providers; and ``(2) at the discretion of the State involved, the spouses, domestic partners, and dependents (as those terms are defined by the State) of such providers and staff. ``(b) Permissible Activities.--A funding agreement for a grant under section 1981 is that the State involved, in carrying out the purpose described in subsection (a), may opt to use the grant for any of the following: ``(1) To reimburse an employer or individual described in subsection (a) for their share (or a portion thereof) of the premiums or other costs for coverage under group or individual health plans. ``(2) To offset the cost of enrolling individuals described in subsection (a) in public health benefits plans, such as the medicaid program under title XIX of the Social Security Act, the State Children's Health Insurance Program under title XXI of such Act, or public employee health benefit plans. ``(3) To otherwise subsidize the cost of health benefits coverage for individuals described in subsection (a). ``(c) Limiting Criteria.--A funding agreement for a grant under section 1981 is that the State involved may establish criteria to limit the providers and staff described in subsection (a)(1) who may receive assistance under the grant. ``(d) Priority.--A funding agreement for a grant under section 1981 is that the State involved will give-- ``(1) highest priority to-- ``(A) eligible child care providers and the staff of such providers that meet any applicable criteria established in accordance with subsection (c) and received assistance under this part during the previous fiscal year; and ``(B) at the State's discretion, the spouses, domestic partners, and dependents of such providers and staff; and ``(2) second highest priority to-- ``(A) eligible child care providers that meet any applicable criteria established in accordance with subsection (c) and-- ``(i) as part of a statewide tiering system, are designated by a State licensing authority (or an entity acting on the authority's behalf) as a top-tier child care facility; or ``(ii) have not less than 40 percent enrollment of children who receive governmental financial assistance for the child care involved; ``(B) the staff of such providers; and ``(C) at the State's discretion, the spouses, domestic partners, and dependents of such providers and staff. ``(e) Matching Funds.-- ``(1) In general.--With respect to the costs of carrying out the purpose described in subsection (a), a funding agreement for a grant under section 1981 is that the State involved will make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 50 percent of such costs. ``(2) Determination of amount contributed.--Non-Federal contributions under paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such contributions. ``(f) Supplement not Supplant.--Amounts provided to a State under this part shall be used to supplement and not supplant other Federal, State, and local public funds provided for activities under this part. ``SEC. 1983. APPLICATION. ``For purposes of section 1981, an application for a grant for a fiscal year is in accordance with this section if-- ``(1) the application is submitted at such time, in such manner, and containing such information as the Secretary may require; ``(2) the application contains each funding agreement that is described in section 1982; and ``(3) with respect to each such funding agreement, the application provides assurances of compliance satisfactory to the Secretary. ``SEC. 1984. DETERMINATION OF AMOUNT OF ALLOTMENT. ``(a) Amounts Reserved.-- ``(1) Territories and possessions.--The Secretary shall reserve not to exceed one half of 1 percent of the amount appropriated pursuant to section 1986 in each fiscal year for payments to Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs. ``(2) Indian tribes.--The Secretary shall reserve not less than 1 percent, and not more than 2 percent, of the amount appropriated pursuant to section 1986 in each fiscal year for payments to Indian tribes and tribal organizations, to be allotted in accordance with their respective needs. ``(b) State Allotment.-- ``(1) General rule.--From the remainder of amounts appropriated pursuant to section 1986 for each fiscal year after reservations under subsection (a), the Secretary shall allot to each State an amount equal to the sum of-- ``(A) an amount that bears the same ratio to 50 percent of such remainder as the product of the young child factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States; and ``(B) an amount that bears the same ratio to 50 percent of such remainder as the product of the school lunch factor of the State and the allotment percentage of the State bears to the sum of the corresponding products for all States. ``(2) Young child factor.--For purposes of this subsection, the term `young child factor' means the ratio of the number of children in the State under 5 years of age to the number of such children in all States as provided by the most recent annual estimates of population in the States by the Census Bureau of the Department of Commerce. ``(3) School lunch factor.--For purposes of this subsection, the term `school lunch factor' means the ratio of the number of children in the State who are receiving free or reduced price lunches under the school lunch program established under the Richard B. Russell National School Lunch Act to the number of such children in all the States as determined annually by the Department of Agriculture. ``(4) Allotment percentage.-- ``(A) In general.--The allotment percentage for a State is determined by dividing the per capita income of all individuals in the United States, by the per capita income of all individuals in the State. ``(B) Limitations.--If an allotment percentage determined under subparagraph (A)-- ``(i) exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; or ``(ii) is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent. ``(C) Per capita income.--For purposes of subparagraph (A), per capita income-- ``(i) shall be determined at 2-year intervals; ``(ii) shall be applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and ``(iii) shall be equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made. ``(c) Allocation of Excess Funds.--To the extent that all the funds appropriated under section 1986 for a fiscal year and available for allotment in such fiscal year are not otherwise allotted to States because 1 or more States have not submitted an application in accordance with section 1983 for the fiscal year, or because 1 or more States have notified the Secretary that they do not intend to use the full amount of their allotment, such excess shall be allotted among each of the remaining States in proportion to the amount otherwise allotted to such States for the fiscal year without regard to this subsection. ``SEC. 1985. DEFINITIONS. ``In this part: ``(1) The term `eligible child care provider' means a family child care provider or a center-based child care provider (whether an entity or individual) that is licensed or otherwise regulated under State law and meets all applicable State and local health and safety requirements. ``(2) The term `family child care provider' means an individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence. ``(3) The terms `Indian tribe' and `tribal organization' have the same meaning given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. ``(4)(A) Except for purposes of determining allotments under subsections (a) and (b) of section 1984, the term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands of the United States, the Commonwealth of the Northern Mariana Islands, and each Indian tribe or tribal organization. ``(B) For purposes of determining allotments under subsections (a) and (b) of section 1984, the term `State' means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. ``SEC. 1986. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Secretary to carry out this part $200,000,000 for fiscal year 2006, $250,000,000 for fiscal year 2007, $300,000,000 for fiscal year 2008, $400,000,000 for fiscal year 2009, and such sums as may be necessary for fiscal year 2010.''. SEC. 3. EVALUATION OF BLOCK GRANT PROGRAM BY SECRETARY. (a) Evaluation.--The Secretary of Health and Human Services shall conduct an evaluation of several State programs carried out with grants under part D of title XIX of the Public Health Service Act, representing various approaches to raising the rate of child care workers with health benefits coverage. (b) Assessment of Impacts.--In evaluating State programs under subsection (a), the Secretary may consider any information appropriate to measure the success of the programs, and shall assess the impact of the programs on the following: (1) The rate of child care workers with health benefits coverage. (2) The rate of child care workers with other benefits coverage, such as paid leave. (3) The take-up rate by eligible child care providers. (4) The turnover rate in the field. (5) The average wages paid. (c) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on the results of the evaluation conducted under subsection (a), together with recommendations for strengthening programs carried out with grants under part D of title XIX of the Public Health Service Act. | Healthy Early Education Workforce Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make an annual matching grant to each eligible State to provide access to affordable health benefits coverage for eligible child care providers, their staffs, and, at the State's discretion, their spouses, domestic partners, and dependents. Allows a State to use such grants to: (1) reimburse an employer or eligible individual for premiums or other costs for coverage under health plans; (2) offset the cost of enrolling individuals in Medicaid or the State Children's Health Insurance Program (SCHIP); and (3) subsidize the cost of health benefits coverage to eligible individuals. Sets forth a formula for determining the amounts of such grants to be allotted to U.S. territories, Indian tribes, and States, including as factors the relative numbers of children under five years old and children receiving free or reduced lunches in a State. Directs the Secretary to evaluate several State programs representing various approaches to raising the rate of child care workers with health benefits coverage. |
SECTION 1. FINDINGS. The Congress makes the following findings: (1) Free trade agreements improve the income and prosperity of the citizens of participating countries because open markets increase competition, eliminate inefficiencies, and result in lower costs to manufacturers and consumers. (2) The 21 member economies of APEC represent over half of world production and almost half of global trade. In November of 1994, leaders of members economies of APEC declared their commitment to achieving ``free and open trade'' in the region by the year 2020 in the case of developing countries and 2010 in the case of developed countries. (3) Continued economic growth through the creation of new opportunities for trade and investment, and the economic and political stability resulting from diminishing the proclivity of governments to establish and maintain tariff and nontariff trade barriers, is vital to the strategic and economic interests of the United States in the Pacific Rim region. (4) The financial crisis affecting Asia, and associated macroeconomic factors, have resulted in a severe disruption of the pattern of rapid United States export growth that was the dominant pattern of United States trade with the region during the years 1989-1997. (5) At a difficult time in the world economy, which is increasing pressures on countries to turn inward and adopt protectionist policies, free trade agreement negotiations provide additional leverage to achieve market opening measures for United States goods and services. (6) Many countries in the region, including New Zealand, Australia, and Singapore, are long-time allies of the United States in working to increase economic growth through trade liberalization, both in the World Trade Organization and in APEC. (7) Building closer ties and coordinating with countries whose interests are largely friendly to the United States will have immense payoffs as the trade negotiations to achieve trade liberalization described in paragraph (6) proceed early in the next century. (8) In particular, the United States must continue to promote its interests in the Asia-Pacific region through an aggressive short- and long-term trade and investment negotiating agenda. (9) Bilateral trade agreement negotiations have been shown to exert constructive influence on multilateral and regional trade negotiations. Typically, bilateral trade talks enlarge common areas of agreement on trade disciplines that can then be advanced more successfully in the context of a larger negotiation, among additional trading partners. (10) Trade and investment disputes between the United States and Pacific Rim countries could be more effectively resolved in the context of mutually agreed-upon disciplines and dispute settlement mechanisms rather than issue-by-issue confrontations under section 301 of the Trade Act of 1974 or other trade remedy laws. (11) By providing a firm foundation for enhanced cooperation, free trade agreements between the United States and Pacific Rim countries, whose economies are becoming increasingly complementary and interdependent, will help ensure mutually beneficial economic and political relations. (12) Free trade agreements, by enhancing market access and the understanding of United States firms with respect to competing effectively in Pacific Rim markets, will thereby assist in stabilizing the bilateral trade balance between the United States and countries in the Pacific Rim. SEC. 2. UNITED STATES TRADE POLICY WITH ELIGIBLE PACIFIC RIM COUNTRIES. It shall be the policy of the United States to seek the elimination of tariff and nontariff barriers and to achieve more open, equitable, and reciprocal market access through the negotiation of bilateral free trade agreements with eligible Pacific Rim countries. These nontariff barriers include-- (1) regulatory and other barriers that deny national treatment and the right of establishment for trade in services; (2) denial of national treatment to foreign direct investment; (3) lack of adequate protection for copyrights, patents, trademarks, semiconductor chips, layout designs, trade secrets, and other forms of intellectual property; (4) arbitrary and discriminatory sanitary, phytosanitary, or technical standards; (5) government measures such as price controls, reference pricing, and unreasonable restrictions on listings for government-established formularies which deny full market access for United States products; and (6) unfair or trade-distorting activities of State trading enterprises and other administrative mechanisms. SEC. 3. PRENEGOTIATION CONSULTATIONS. (a) Preliminary Consultations.--Within 60 days after the date of the enactment of this Act, the President shall identify, and initiate preliminary consultations with the government of, each eligible Pacific Rim country. (b) Ministerial Meeting.--If preliminary consultations indicate that the establishment of a free trade area between the United States and an eligible Pacific Rim country is potentially feasible and desirable, the President shall, within 60 days after the preliminary consultations are completed, request a meeting at the ministerial level with the government of that country to consider the conditions under which formal negotiations regarding a free trade agreement could be commenced. (c) ITC Advice.--Within 6 months after the end of each ministerial meeting held under subsection (b) with the government of an eligible Pacific Rim country, the United States International Trade Commission shall advise the President regarding the probable economic effects of providing duty-free treatment for such articles that are products of that country on industries in the United States producing like or directly competitive articles and on consumers in the United States. SEC. 4. MINISTERIAL MEETING RECOMMENDATIONS. At each ministerial meeting convened pursuant to section 3(b), the President shall recommend the establishment of a council comprised of appropriate public and private sector officials from the respective countries. The functions of the council are-- (1) to review and analyze the aspects of the existing bilateral relationship as they relate to the negotiation of a free trade agreement, including-- (A) trade and investment practices and impediments; (B) differences in customs laws and procedures; (C) the harmonization of trade statistics and other economic data; and (D) the status of bilateral disputes and exchange of information on disputed practices; and (2) within 6 months after its establishment, to issue a report on the overall bilateral relationship and the prospects for a successful negotiation of a free trade agreement that addresses the possible benefits and adverse effects of concluding a free trade agreement and examines the types of dispute settlement mechanisms that would be appropriate to effectively resolve bilateral trade problems. SEC. 5. PRESIDENTIAL DETERMINATION REGARDING THE FEASIBILITY AND DESIRABILITY OF NEGOTIATING FREE TRADE AGREEMENTS WITH ELIGIBLE COUNTRIES. (a) Determination and Report.--Not later than 6 months after receiving any report prepared by a bilateral council established under section 4, the President, after receiving advice from the Advisory Committee for Trade Policy Negotiations established under section 135(b) of the Trade Act of 1974, and taking into account-- (1) the policy set forth in section 2, and (2) the advice of the International Trade Commission under section 3(c), shall make a determination on the feasibility and desirability of commencing formal negotiations regarding a free trade agreement with an eligible Pacific Rim country or countries to which the report relates, and shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on that determination. (b) Factors in Making Determination.--In making a determination on the feasibility and desirability of establishing a free trade area between the United States and an eligible country, the President shall consider whether that country-- (1) is a member of the World Trade Organization; (2) has expressed an interest in negotiating a bilateral free trade agreement with the United States; (3) has pursued substantive trade liberalization and undertaken structural economic reforms in order to achieve an economy governed by market forces, fiscal restraint, and international trade disciplines and, as a result, has achieved a largely open economy; (4) has demonstrated a broad affinity for United States trade policy objectives and initiatives; (5) is an active participant in preparations of the General Council of the World Trade Organization for the 3d Ministerial Conference of the World Trade Organization which will be held in the United States from November 30 to December 3, 1999, and has demonstrated a commitment to United States objectives with respect to an accelerated negotiating round of the World Trade Organization; (6) is working consistently to eliminate export performance requirements or local content requirements; (7) seeks the harmonization of domestic and international standards in a manner that ensures transparency and nondiscrimination among the member economies of APEC; (8) is increasing the economic opportunities available to small- and medium-sized businesses through deregulation; (9) is working consistently to eliminate barriers to trade in services; (10) provides national treatment for foreign direct investment; (11) is working consistently to accommodate market access objectives of the United States; (12) is working constructively to resolve trade disputes with the United States and displays a clear intent to continue to do so; (13) is a country whose bilateral trade relationship with the United States will benefit from improved dispute settlement mechanisms; and (14) is a country whose market for products and services of the United States will be significantly enhanced by eliminating substantially all tariff and nontariff barriers and structural impediments to trade. SEC. 6. CONSULTATIONS WITH CONGRESSIONAL COMMITTEES. The President shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on a regular basis with respect to the implementation of each of the provisions of this Act. SEC. 7. ELIGIBLE PACIFIC RIM COUNTRIES. As used in this Act: (1) APEC.--The term ``APEC'' means the Asian Pacific Economic Cooperation Forum. (2) Eligible pacific rim country.--The term ``eligible Pacific Rim country'' means any country that is a WTO member (as defined in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501) and is a member economy of APEC. | Declares it to be U.S. policy to seek the elimination of certain tariff and nontariff barriers and to achieve more open, equitable, and reciprocal market access through the negotiation of bilateral free trade agreements with eligible Pacific Rim countries. Directs the President: (1) to initiate preliminary consultations with the government of each eligible Pacific Rim country within 60 days after enactment of this Act; (2) if such consultations indicate that establishment of a free trade area between the United States and the country is feasible and desirable, to request a meeting at the ministerial level to consider the conditions for formal negotiations; and (3) to recommend establishment of a council of public and private sector officials from the respective countries to analyze and report on the existing bilateral relationship and the prospects for a successful negotiation. Directs the President to report to specified congressional committees on the feasibility of commencing formal negotiations regarding a free trade agreement with a Pacific Rim country. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Refugee Resettlement Reform and Modernization Act of 2013''. SEC. 2. DEFINITIONS. In this Act: (1) Community-based organization.--The term ``community- based organization'' means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (2) Director.--The term ``Director'' means the Director of the Office of Refugee Resettlement in the Department of Health and Human Services. (3) National resettlement agencies.--The term ``national resettlement agencies'' means voluntary agencies contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. SEC. 3. ASSESSMENT OF REFUGEE DOMESTIC RESETTLEMENT PROGRAMS. (a) In General.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To Be Studied.--In the study required under subsection (a), the Comptroller General shall determine and analyze-- (1) how the Office of Refugee Resettlement defines self- sufficiency and if this definition is adequate in addressing refugee needs in the United States; (2) the effectiveness of Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration; (3) the Office of Refugee Resettlement's budgetary resources and project the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration; (4) the role of community-based organizations in serving refugees in areas experiencing a high number of new refugee arrivals; (5) how community-based organizations can be better utilized and supported in the Federal domestic resettlement process; and (6) recommended statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress the results of the study required under subsection (a). SEC. 4. REFUGEE ASSISTANCE. (a) Assistance Made Available to Secondary Migrants.--Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: ``(C) The Director shall ensure that assistance under this section is provided to refugees who are secondary migrants and meet all other eligibility requirements for such assistance.''. (b) Report on Secondary Migration.--Section 412(a)(3) of such Act (8 U.S.C. 1522(a)(3)) is amended-- (1) by inserting ``(A)'' after ``(3)''; (2) by striking ``periodic'' and inserting ``annual''; and (3) by adding at the end the following: ``(B) At the end of each fiscal year, the Director shall submit a report to Congress that includes-- ``(i) States experiencing departures and arrivals due to secondary migration; ``(ii) likely reasons for migration; ``(iii) the impact of secondary migration on States hosting secondary migrants; ``(iv) the availability of social services for secondary migrants in those States; and ``(v) unmet needs of those secondary migrants.''. (c) Amendments to Social Services Funding.--Section 412(c)(1)(B) of such Act (8 U.S.C. 1522(c)(1)(B)) is amended-- (1) by inserting ``a combination of--'' after ``based on''; (2) by striking ``the total number'' and inserting the following: ``(i) the total number''; and (3) by striking the period at the end and inserting the following: ``(ii) the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year; and ``(iii) projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year.''. (d) Notice and Rulemaking.--Not later than 90 days after the date of the enactment of this Act and not later than 30 days before the effective date set forth in subsection (e), the Director shall-- (1) issue a proposed rule for a new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c); and (2) solicit public comment regarding such proposed rule. (e) Effective Date.--The amendments made by this section shall become effective on the first day of the first fiscal year that begins after the date of the enactment of this Act. SEC. 5. RESETTLEMENT DATA. (a) In General.--The Director shall expand the Office of Refugee Resettlement's data analysis, collection, and sharing activities in accordance with the requirements set forth in subsections (b) through (e). (b) Data on Mental and Physical Medical Cases.--The Director shall-- (1) coordinate with the Centers for Disease Control and Prevention, national resettlement agencies, community-based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs; and (2) in collecting information under this subsection, utilize initial refugee health screening data, including-- (A) a history of severe trauma, torture, mental health symptoms, depression, anxiety, and posttraumatic stress disorder recorded during domestic and international health screenings; and (B) Refugee Medical Assistance utilization rate data. (c) Data on Housing Needs.--The Director shall partner with State refugee programs, community-based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees, including-- (1) the number of refugees who have become homeless; and (2) the number of refugees who are at severe risk of becoming homeless. (d) Data on Refugee Employment and Self-Sufficiency.--The Director shall gather longitudinal information relating to refugee self- sufficiency, integration, and employment status during the 2-year period beginning 1 year after the date on which the refugees arrived in the United States. (e) Availability of Data.--The Director shall annually-- (1) update the data collected under this section; and (2) submit a report to Congress that contains the updated data. SEC. 6. GUIDANCE REGARDING REFUGEE PLACEMENT DECISIONS. (a) Consultation.--The Secretary of State shall provide guidance to national resettlement agencies and State refugee coordinators on consultation with local stakeholders pertaining to refugee resettlement. (b) Best Practices.--The Secretary of Health and Human Services, in collaboration with the Secretary of State, shall collect best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement from voluntary agencies and State refugee coordinators and disseminate such best practices to such agencies and coordinators. SEC. 7. EFFECTIVE DATE. This Act (except for the amendments made by section 4) shall take effect on the date that is 90 days after the date of the enactment of this Act. | Domestic Refugee Resettlement Reform and Modernization Act of 2013 - Directs the Comptroller General (GAO) to study the effectiveness of the Office of Refugee Resettlement's domestic refugee resettlement programs. Requires the Director of the Office of Refugee Resettlement to: (1) ensure that refugee assistance is provided to qualifying refugees who are secondary migrants; (2) report to Congress regarding states experiencing departures and arrivals due to secondary migration; and (3) expand the Office's data analysis, collection, and sharing activities to include data on mental and physical medical cases, housing needs, and refugee employment. Directs the Secretary of State and the Secretary of Health and Human Services (HHS) to provide refugee resettlement guidance to appropriate national, state, and local entities. |
SECTION 1. SHORT TITLE. The Act may be cited as the ``Black Hills National Cemetery Boundary Expansion Act''. SEC. 2. WITHDRAWAL AND TRANSFER OF PUBLIC LAND FOR CEMETERY USE. (a) Due Diligence.--Prior to the withdrawal and transfer in subsection (b), the Secretary of Veterans Affairs will complete appropriate environmental, cultural resource and other due diligence activities on the public lands identified in subsection (c), so that the Secretary of Veterans Affairs may confirm that the land is suitable for cemetery purposes. The Secretary of Veterans Affairs shall notify the Secretary of the Interior of such due diligence activities prior to initiating and shall coordinate as needed during the performance of such activities. (b) Withdrawal and Transfer.--After completion of the due diligence activities in subsection (a) and upon receipt by the Secretary of the Interior of written confirmation from the Secretary of Veterans Affairs that the land is suitable for cemetery purposes, and subject to valid existing rights, the public lands described in subsection (c) shall be-- (1) withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as the lands remain under the administrative jurisdiction of the Secretary of Veterans Affairs; (2) deemed property as defined in section 102(9) of title 40, United States Code, for as long as the lands remain under the administrative jurisdiction of the Secretary of Veterans Affairs; and (3) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs for use as national cemeteries under chapter 24 of title 38, United States Code. (c) Land Description.--The public lands withdrawn, deemed property, and transferred under subsection (b) shall be the approximately 200 acres of land adjacent to Black Hills National Cemetery, South Dakota, generally depicted as ``Proposed National Cemetery Expansion'' on the map entitled ``Proposed Expansion of Black Hills National Cemetery-- South Dakota'' and dated June 16, 2016, except the land located within 100 feet of the centerline of the Centennial Trail (which runs along the northern boundary of the ``Proposed National Cemetery Expansion'') and that is located south of the Trail. (d) Boundary Modification.--Immediately after the public lands are withdrawn, deemed property, and transferred under subsection (b), the boundary of the Black Hills National Cemetery shall be modified to include the public lands identified in subsection (c). (e) Modification of Public Land Order.--Immediately after the public lands under subsection (b) are withdrawn, deemed property, and transferred under subsection (b), Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), shall be modified to exclude the lands identified in subsection (c). SEC. 3. LEGAL DESCRIPTIONS. (a) Preparation of Legal Descriptions.--As soon as practicable following receipt of written confirmation from the Secretary of Veterans Affairs that the land is suitable for cemetery purposes, the Secretary of the Interior shall publish in the Federal Register a notice containing the legal descriptions of the public lands withdrawn, deemed property, and transferred under section 2(b). (b) Legal Effect.--The legal descriptions prepared under subsection (a) shall have the same force and effect as if the legal descriptions were included in this Act, except that the Secretary of the Interior may correct any clerical and typographical errors in the legal descriptions. (c) Availability.--Copies of the map referred to in section 2(c) and the legal descriptions prepared under subsection (a) shall be available for public inspection in the appropriate offices of-- (1) the Bureau of Land Management; and (2) the National Cemetery Administration. (d) Costs.--The Secretary of Veterans Affairs shall reimburse the Secretary of the Interior for reasonable costs incurred by the Secretary of the Interior in implementing this section, including the costs of any surveys. SEC. 4. RESTORATION TO PUBLIC LANDS FOR NON-CEMETERY USE. (a) Notice and Effect.--Upon a determination by the Secretary of Veterans Affairs that all or a portion of the lands withdrawn, deemed property, and transferred under section 2 shall not be used for cemetery purposes, the Secretary of Veterans Affairs shall notify the Secretary of the Interior of such determination. Subject to subsections (b) and (c), the Secretary of Veterans Affairs shall transfer administrative jurisdiction of the lands subject to such notice to the Secretary of the Interior. (b) Decontamination.--The Secretary of Veterans Affairs shall be responsible for costs of any decontamination of the lands resulting from contamination on the lands withdrawn, deemed property, and transferred under section 2(b) while the Secretary of Veterans Affairs exercised jurisdiction over those lands subject to a notice under subsection (a) determined by the Secretary of the Interior to be necessary for the lands to be restored to the public lands. (c) Restoration to the Public Lands.--The lands subject to a notice under subsection (a) shall only be restored to the public lands upon acceptance by the Secretary of the Interior and a determination by the Secretary of the Interior that such lands are suitable for restoration to the public lands and operation of one or more of the public land laws. (d) Opening Order.--If the Secretary of the Interior accepts the lands subject to such a notice and determines that the lands are suitable for restoration, in whole or in part, the Secretary of the Interior may open the lands to operation of one or more of the public land laws and may issue an order to that effect. Passed the House of Representatives February 6, 2017. Attest: KAREN L. HAAS, Clerk. | . Black Hills National Cemetery Boundary Expansion Act (Sec. 2) This bill directs the Department of Veterans Affairs (VA) to: (1) complete environmental, cultural resource, and other due diligence activities on certain public land to confirm its suitability for inclusion in the Black Hills National Cemetery, South Dakota; and (2) notify the Department of the Interior of such activities. After completion of such activities and upon receipt by Interior of written confirmation of suitability from the VA, the land shall: (1) be withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws, for as long as it remains under VA administrative jurisdiction; (2) be deemed property; and (3) be transferred to the VA for use as national cemeteries. (Sec. 3) Interior shall publish a notice containing the legal descriptions of such transferred land. The VA shall reimburse Interior for reasonable transfer costs, including survey costs. (Sec. 4) Upon a determination by the VA that all or a portion of such transferred land shall not be used for cemetery purposes, the VA shall: (1) notify Interior and transfer jurisdiction of the land back to Interior, and (2) be responsible for any decontamination costs necessary for restoration of the lands to the public lands. |
SECTION 1. INCREASED EXCLUSION AND OTHER MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended-- (A) by striking ``50 percent'' and inserting ``100 percent'', and (B) by striking ``50-Percent'' in the heading and inserting ``100-Percent''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 1(h)(5) of such Code is amended to read as follows: ``(A) collectibles gain, over''. (B) Section 1(h) of such Code is amended by striking paragraph (8). (C) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (D) The heading for section 1202 of such Code is amended by striking ``50-percent'' and inserting ``100- percent''. (E) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``50-percent'' in the item relating to section 1202 and inserting ``100-percent''. (b) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (c) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of such Code is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.'' (d) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of such Code (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of such Code (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 2000, the $300,000,000 amount contained in paragraph (1) shall 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 the calendar year in which the taxable year begins, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.'' (f) Repeal of Per-Issuer Limitation.--Section 1202 of such Code is amended by striking subsection (b). (g) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of such Code (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.'' (h) Qualified Trade or Business.--Section 1202(e)(3) of such Code (defining qualified trade or business) is amended by inserting ``and'' at the end of subparagraph (C), by striking ``, and'' at the end of subparagraph (D) and inserting a period, and by striking subparagraph (E). (i) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section apply to stock issued after the date of enactment of this Act. (2) Special rule.--The amendments made by subsections (a), (c), (e), (f), and (g)(1) apply to stock issued after August 10, 1993. SEC. 2. REPEAL OF MINIMUM TAX PREFERENCE FOR EXCLUSION FOR INCENTIVE STOCK OPTIONS. (a) In General.--Subsection (b) of section 56 of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (b) Effective Date.--The amendment made by this section shall apply to options exercised in calendar years beginning after the date of the enactment of this Act. | Repeals the minimum tax preference for the exclusion for incentive stock options. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizen Legislature and Political Freedom Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) The proliferation of campaign finance laws (beginning with the Federal Election Campaign Act of 1971) and the proliferation of government regulations promulgated pursuant to such laws have placed strict limits on contributions by citizens to the candidates of their choice, limits which have served to severely hinder the ability of challengers to compete on equal terms with incumbent politicians. (2) The contribution limits imposed by the Federal Election Campaign Act of 1971 force candidates to raise funds in small amounts subject to fixed limitations, inevitably fostering a system under which wealthy candidates and long-term incumbent politicians hold an unfair financial advantage, which in turn serves to discourage potential candidates from seeking public office. (3) The current campaign finance laws have inhibited the full and fair discussion of public policy issues, as challengers who are not well known to the electorate are forced by government regulation to attempt to amass contributions from large numbers of donors at the outset of a campaign. As a result, challengers who lack the necessary resources to bring new issues into the public debate often are eliminated from political campaigns before their voices are even heard. (4) The regulation by government of political speech through the regulation of campaign contributions and expenditures is patently undemocratic because it favors institutionalized special interests over grassroots and citizen activity by imposing burdensome reporting and disclosure requirements and stringent spending limits on the political parties, thereby tilting the financial and tactical advantage in political campaigns to well-financed interest groups and wealthy individuals. (5) The effect of the unreasonably low contribution limits has been to force more contributors and political activists to operate outside the system, resulting in even less accountability and even greater encouragement of irresponsible behavior. (6) The only way to encourage the robust discourse of public issues and candidates, promote the free exchange of political speech and ideas, protect constitutional freedom, and foster a more informed electorate is to lift all current restrictions on political candidate and party contributions and expenditures and to provide full, instantaneous disclosure of all contributions and expenditures in elections for Federal office. SEC. 3. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 2002.'.' SEC. 4. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 2001.'' (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after December 31, 2002, or to any candidate in such an election.'' (B) Transfer of excess funds to general fund.-- Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After 2002.--The Secretary shall transfer all amounts in the fund after December 31, 2002, to the general fund of the Treasury.'' (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. The provisions of this chapter shall not apply to any candidate with respect to any presidential election after December 31, 2002.'' (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.'' (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.'' SEC. 5. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State and Local Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434), as amended by section 502(a) of the Department of Transportation and Related Agencies Act, 2001 (as enacted into law by reference under section 101(a) of Public Law 106-346), is amended by adding at the end the following new subsection: ``(e) If a political committee of a State or local political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 2003. SEC. 6. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing for All Reports.-- (1) In general.--Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)), as amended by section 639(a) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106-58), is amended-- (A) in subparagraph (A), by striking ``a person required to file--'' and all that follows and inserting the following: ``each person required to file a report under this Act shall be required to maintain and file such report in electronic form accessible by computers.''; (B) in subparagraph (C), by striking ``designations, statements, and reports'' and inserting ``documents''; and (C) in subparagraph (D), by striking ``means, with respect to'' and all that follows and inserting the following: ``means any report, designation, statement, or notification required by this Act to be filed with the Commission or the Secretary of the Senate.''. (2) Placement of all reports on internet.--Section 304(a)(11)(B) of such Act (2 U.S.C. 434(a)(11)(B)), as amended by section 639(a) of the Treasury and General Government Appropriations Act, 2000 (Public Law 106-58), is amended-- (A) by striking ``a designation, statement, report, or notification'' and inserting ``each report''; and (B) by striking ``the designation, statement, report, or notification'' and inserting ``the report''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports to Be Made Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the identification of the contributor, and the date of receipt and amount of the contribution. ``(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.''. (c) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 2003. SEC. 7. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. (a) In General.--Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to persons making contributions for elections occurring after January 2003. SEC. 8. PROHIBITING INVOLUNTARY ASSESSMENT OF FUNDS BY LABOR ORGANIZATIONS FOR POLITICAL ACTIVITIES. (a) In General.--Section 316 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at the end the following new subsection: ``(c)(1) Except with the separate, prior, written, voluntary authorization of each individual involved, it shall be unlawful for any labor organization described in this section to collect from or assess its members or nonmembers any dues, initiation fee, or other payment if any part of such dues, fee, or payment will be used for political activity in which the labor organization is engaged. ``(2) An authorization described in paragraph (1) shall remain in effect until revoked and may be revoked at any time. Each labor organization collecting from or assessing amounts from an individual with an authorization in effect under such paragraph shall provide the individual with a statement that the individual may at any time revoke the authorization. ``(3) For purposes of this subsection, the term `political activity' means any activity carried out for the purpose of influencing (in whole or in part) any election for Federal office, influencing the consideration or outcome of any Federal legislation or the issuance or outcome of any Federal regulations, or educating individuals about candidates for election for Federal office or any Federal legislation.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts collected or assessed on or after the date of the enactment of this Act. SEC. 9. CHANGE IN NAME OF FEDERAL ELECTION COMMISSION. (a) In General.--Section 306 of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c) is amended-- (1) in the heading, by striking ``federal election commission'' and inserting ``federal campaign regulation commission''; and (2) in the first sentence of subsection (a)(1), by striking ``Federal Election Commission'' and inserting ``Federal Campaign Regulation Commission''. (b) Conforming Amendment.--Section 431(10) of such Act (2 U.S.C. 431(10)) is amended by striking ``Federal Election Commission'' and inserting ``Federal Campaign Regulation Commission''. (c) References in Other Laws and Documents.--Notwithstanding any other provision of law or any rule or regulation, any reference in any law, rule, regulation, or other document to the Federal Election Commission shall be deemed to be a reference to the Federal Campaign Regulation Commission. | Citizen Legislature and Political Freedom Act - Amends the Federal Election Campaign Act of 1971(FECA) to terminate limitations on Federal election campaign contributions after 2002.Amends the Internal Revenue Code to terminate after December 31, 2001, the designation of income tax payments to the Presidential Election Campaign Fund. Terminates the Fund itself and the Presidential Primary Matching Payment Account after December 31, 2002, and transfers any amounts remaining in the Fund to the general fund of the Treasury.Amends FECA, in the case of a political committee of a national political party, to require reports of all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under such Act (soft money). Requires any political committee of a State or local political party to file with the Federal Election Commission (FEC) a copy of any report on disbursements it is required under a State or local law, rule, or regulation to submit to the State or local government.Revises current deadlines for notification of contributions by a campaign committee.Declares that the "best efforts" exception to noncompliance with FECA shall not apply with respect to information regarding the identification of any contributor of more than $200 in the aggregate during a calendar year (thus requiring strict observance of reporting deadlines for all such contributions).Provides that, except with the separate, prior, written, voluntary authorization of each individual involved, it shall be unlawful for described labor organizations to collect from or to assess its members or nonmembers any dues, initiation fee, or other payment if any part of it will be used for political activity in which the labor organization is engaged.Changes the name of the FEC to the Federal Campaign Regulation Commission. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coastal and Estuarine Land Conservation Program Act''. SEC. 2. AUTHORIZATION OF COASTAL AND ESTUARINE LAND CONSERVATION PROGRAM. The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by inserting after section 307 the following new section: ``authorization of the coastal and estuarine land conservation program ``Sec. 307A. (a) In General.--The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in cooperation with appropriate State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal Resource Management. ``(b) Property Acquisition Grants.--The Secretary shall make grants under the program to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of-- ``(1) a Coastal Zone Management Plan or Program approved under this title; ``(2) a National Estuarine Research Reserve management plan; ``(3) a regional or State watershed protection or management plan involving coastal states with approved coastal zone management programs; or ``(4) a State coastal land acquisition plan that is consistent with an approved coastal zone management program. ``(c) Grant Process.--The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements: ``(1) The Secretary shall consult with the coastal state's coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this section (if different from the coastal zone management program). ``(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, shall identify priority conservation needs within the State, the values to be protected by inclusion of lands in the program, and the threats to those values that should be avoided. ``(3) Each participating coastal state shall to the extent practicable ensure that the acquisition of property or easements shall complement working waterfront needs. ``(4) The applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the landowner relevant to administration and management of the land. ``(5) Awards shall be based on demonstrated need for protection and ability to successfully leverage funds among participating entities, including Federal programs, regional organizations, State and other governmental units, landowners, corporations, or private organizations. ``(6) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State's or territory's approved coastal zone plan, program, and policies prior to submittal to the Secretary. ``(7)(A) Priority shall be given to lands described in subsection (a) that can be effectively managed and protected and that have significant ecological value. ``(B) Of the projects that meet the standard in subparagraph (A), priority shall be given to lands that-- ``(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state; and ``(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. ``(8) In developing guidelines under this section, the Secretary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures. ``(9) Eligible coastal states or National Estuarine Research Reserves may allocate grants to local governments or agencies eligible for assistance under section 306A(e). ``(10) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program's effectiveness in accomplishing its purposes, and shall submit such evaluations to Congress triennially. ``(d) Limitations and Private Property Protections.-- ``(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section. ``(2) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property. ``(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local government access) to or use of private property unless such property or an interest in such property (including a conservation easement) has been purchased with funds made available under this section. ``(e) Recognition of Authority To Control Land Use.--Nothing in this title modifies the authority of Federal, State, or local governments to regulate land use. ``(f) Matching Requirements.-- ``(1) In general.--The Secretary may not make a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. ``(2) Cost share requirement.-- ``(A) In general.--Grant funds under the program shall require a 100 percent match from other non- Federal sources. ``(B) Waiver of requirement.--The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the purposes of the program. ``(3) Other federal funds.--Where financial assistance awarded under this section represents only a portion of the total cost of a project, funding from other Federal sources may be applied to the cost of the project. Each portion shall be subject to match requirements under the applicable provision of law. ``(4) Source of matching cost share.--For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following: ``(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that-- ``(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant application and ending 3 years after the date of the award of the grant; ``(ii) the value of the land or easement is held by a non-governmental organization included in the grant application in perpetuity for conservation purposes of the program; and ``(iii) the land or easement is connected either physically or through a conservation planning process to the land or easement that would be acquired. ``(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share. ``(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non-Federal match if the activities are identified in the plan and expenses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. ``(g) Reservation of Funds for National Estuarine Research Reserve Sites.--No less than 15 percent of funds made available under this section shall be available for acquisitions benefitting National Estuarine Research Reserves. ``(h) Limit on Administrative Costs.--No more than 5 percent of the funds made available to the Secretary under this section shall be used by the Secretary for planning or administration of the program. The Secretary shall provide a report to Congress with an account of all expenditures under this section for fiscal year 2009 and triennially thereafter. ``(i) Title and Management of Acquired Property.--If any property is acquired in whole or in part with funds made available through a grant under this section, the grant recipient shall provide-- ``(1) such assurances as the Secretary may require that-- ``(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity; ``(B) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and ``(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and ``(2) certification that the property (including any interest in land) will be acquired from a willing seller. ``(j) Requirement for Property Used for Non-Federal Match.--If the grant recipient elects to use any land or interest in land held by a non-governmental organization as a non-Federal match under subsection (g), the grant recipient must to the Secretary's satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program. ``(k) Definitions.--In this section: ``(1) Conservation easement.--The term `conservation easement' includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. ``(2) Interest in property.--The term `interest in property' includes a conservation easement. ``(l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $60,000,000 for each of fiscal years 2009 through 2013.''. | Coastal and Estuarine Land Conservation Program Act - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values and that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or that could be managed or restored to effectively conserve, enhance, or restore ecological function. Requires the program to be administered by the National Ocean Service of the National Oceanic and Atmospheric Administration (NOAA) through the Office of Ocean and Coastal Resource Management. Authorizes the Secretary to make Program grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units for the purpose of acquiring property that will further the goals of an approved Coastal Zone Management Plan or Program, a National Estuarine Research Reserve management plan, a regional or state watershed protection or management plan, or a state coastal land acquisition plan. Provides that grant awards may be used to purchase land, including an easement, only from a willing seller. Provides that grant funds under the Program shall require a 100% match from nonfederal sources, subject to a waiver. Reserves 15% of program funds for acquisitions benefiting the National Estuarine Research Reserve. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Private Security Officer Employment Authorization Act of 2003''. 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, reliable, and responsible 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, including terrorism; (8) the American public deserves the employment of qualified, well-trained private security personnel as an adjunct to sworn law enforcement officers; and (9) private security officers and applicants for private security officer positions should be thoroughly screened and trained. SEC. 3. DEFINITIONS. In this Act: (1) Employee.--The term ``employee'' includes both a current employee and an applicant for employment as a private security officer. (2) Authorized employer.--The term ``authorized employer'' means any person that-- (A) employs private security officers; and (B) is authorized by regulations promulgated by the Attorney General to request a criminal history record information search of an employee through a State identification bureau pursuant to this section. (3) Private security officer.-- The term ``private security officer''-- (A) means an individual other than an employee of a Federal, State, or local government, whose primary duty is to perform security services, full- or part-time, for consideration, whether armed or unarmed and in uniform or plain clothes (except for services excluded from coverage under this Act if the Attorney General determines by regulation that such exclusion would serve the public interest); but (B) does not include-- (i) employees whose duties are primarily internal audit or credit functions; (ii) employees of electronic security system companies acting as technicians or monitors; or (iii) employees whose duties primarily involve the secure movement of prisoners. (4) Security services.--The term ``security services'' means acts to protect people or property as defined by regulations promulgated by the Attorney General. (5) State identification bureau.--The term ``State identification bureau'' means the State entity designated by the Attorney General for the submission and receipt of criminal history record information. SEC. 4. CRIMINAL HISTORY RECORD INFORMATION SEARCH. (a) In General.-- (1) Submission of fingerprints.--An authorized employer may submit to the State identification bureau of a participating State, fingerprints or other means of positive identification, as determined by the Attorney General, of an employee of such employer for purposes of a criminal history record information search pursuant to this Act. (2) Employee rights.-- (A) Permission.--An authorized employer shall obtain written consent from an employee to submit to the State identification bureau of a participating State the request to search the criminal history record information of the employee under this Act. (B) Access.--An authorized employer shall provide to the employee confidential access to any information relating to the employee received by the authorized employer pursuant to this Act. (3) Providing information to the state identification bureau.--Upon receipt of a request for a criminal history record information search from an authorized employer pursuant to this Act, submitted through the State identification bureau of a participating State, 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 resulting identification and criminal history record information to the submitting State identification bureau requesting the information. (4) Use of information.-- (A) In general.--Upon receipt of the criminal history record information from the Attorney General by the State identification bureau, the information shall be used only as provided in subparagraph (B). (B) Terms.--In the case of-- (i) a participating State that has no State standards for qualification to be a private security officer, the State shall notify an authorized employer as to the fact of whether an employee has been-- (I) convicted of a felony, an offense involving dishonesty or a 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; or (II) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or (ii) a participating State that 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 standards and shall only notify the employer of the results of the application of the State standards. (5) Frequency of requests.--An authorized employer may request a criminal history record information search for an employee only once every 12 months of continuous employment by that employee unless the authorized 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, 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 Penalties for Use of Information.--Whoever 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 under title 18, United States Code, 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 to process background checks provided for by this Act; and (B) establish such fees at a level to include an additional amount to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs. (2) Limitations.--Any fee collected under this subsection-- (A) shall, consistent with Public Law 101-515 and Public Law 104-99, be credited to the appropriation to be used for salaries and other expenses incurred through providing the services described in such Public Laws and in paragraph (1); (B) shall be available for expenditure only to pay the costs of such activities and services; and (C) shall remain available until expended. (3) 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 or issuing an order by the Governor (if consistent with State law) providing that the State is declining to participate pursuant to this subsection. Passed the Senate November 17, 2003. Attest: EMILY J. REYNOLDS, Secretary. | Private Security Officer Employment Authorization Act of 2003 - Permits an authorized employer of private security officers to submit to a participating State's identification bureau fingerprints or other means of positive identification (as determined by the Attorney General) of an employee for purposes of a criminal history record information search. Requires the employer to: (1) obtain an employee's written consent; and (2) provide to the employee confidential access to any information received. Directs the Attorney General, upon receipt of such a request submitted through a State identification bureau, to search the appropriate records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation (FBI) and to provide any resulting identification and criminal history information. Provides that, upon receipt of the criminal history record information from the Attorney General by the State identification bureau: (1) a participating State that has no private security officer qualification standards shall notify an authorized employer of whether an employee has been convicted of a felony, an offense involving dishonesty or a false statement if the conviction occurred during the previous 10 years, or an offense involving the use or attempted use of physical force against another person if the conviction occurred during the previous 10 years, or has been charged with a criminal felony for which there has been no resolution during the preceding 365 days; and (2) a participating State that has private security officer qualification standards shall use the information received pursuant to this Act in applying the standards and shall only notify the employer of the results. Allows an authorized employer to request a criminal history record information search for an employee only once every 12 months unless the employer has good cause to submit additional requests. Directs the Attorney General to issue regulations to carry out this Act, including: (1) measures relating to the security, confidentiality, accuracy, use, and destruction of information and audits; (2) standards for qualification as an authorized employer; and (3) the imposition of reasonable fees necessary for conducting the background checks. Prescribes criminal penalties 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 such background checks; (2) a State to assess a fee on an employer for the costs of administering this Act; and (3) a State to opt out from participation in such background check system. |
SECTION 1. LIABILITY OF BUSINESS ENTITIES PROVIDING USE OF A MOTOR VEHICLE OR AIRCRAFT. (a) Definitions.--In this section: (1) Aircraft.--The term ``aircraft'' has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity.--the term ``business entity'' means a firm, corporation, association, partnership, consortium, joint venture, or other form of enterprise. (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) Motor vehicle.--The term ``motor vehicle'' has the meaning provided that term in section 30102(6) of title 49, United States Code. (6) 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. (7) 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 as a result of the operation of aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside of the scope of business of the business entity if-- (A) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (B) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (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 the aircraft or motor vehicle. (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 the conditions described in subparagraphs (A) and (B) 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 volunteer, nonprofit organization, or governmental 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 as a result of the operation of an aircraft or a motor vehicle of a business entity loaned to a nonprofit organization for use outside the scope of business of the business entity if: (1) such injury or death occurs during a period that such vehicle or aircraft is used by such organization; and (2) the business entity authorized the use by the organization of the vehicle or aircraft that resulted in the injury or death. 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 volunteer, nonprofit organization, or governmental 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 not apply to such action in the State. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iran Cyber Sanctions Act of 2016''. SEC. 2. IMPOSITION OF SANCTIONS WITH RESPECT TO PERSONS RESPONSIBLE FOR KNOWINGLY ENGAGING IN SIGNIFICANT ACTIVITIES UNDERMINING CYBERSECURITY ON BEHALF OF OR AT THE DIRECTION OF THE GOVERNMENT OF IRAN. (a) Cybersecurity Report Required.-- (1) In general.--Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter, the President shall submit to the appropriate congressional committees a report on significant activities undermining cybersecurity conducted by persons on behalf of or at the direction of the Government of Iran (including members of paramilitary organizations such as Ansar- e-Hezbollah and Basij-e Mostaz'afin) against the Government of the United States or any United States person. (2) Information.--The report required under paragraph (1) shall include the following: (A) The identity of persons that have knowingly facilitated, participated or assisted in, engaged in, directed, or provided material support for significant activities undermining cybersecurity described in paragraph (1). (B) A description of the conduct engaged in by each person identified under subparagraph (A). (C) An assessment of the extent to which the Government of Iran or another foreign government directed, facilitated, or provided material support in the conduct of significant activities undermining cybersecurity described in paragraph (1). (D) A strategy to counter efforts by persons to conduct significant activities undermining cybersecurity described in paragraph (1), including efforts to engage foreign governments to halt the capability of persons to conduct those activities described in paragraph (1). (3) Form.--The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex. (b) Designation of Persons.-- (1) In general.--Except as provided in paragraph (2), the President shall include on the specially designated nationals and blocked persons list maintained by the Office of Foreign Assets Control of the Department of the Treasury-- (A) any person identified under subsection (a)(2)(A); and (B) any person for which the Department of Justice has issued an indictment in connection with significant activities undermining cybersecurity against the Government of the United States or any United States person. (2) Exception.--The President is not required to include a person described in paragraph (1)(A) or (1)(B) on the specially designated nationals and blocked persons list maintained by the Office of Foreign Assets Control of the Department of the Treasury if the President submits to the appropriate congressional committees an explanation of the reasons for not including that person on that list. (c) Sanctions Described.--The President shall use authority provided in Executive Order 13694 (April 1, 2015, relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities) to impose sanctions against any person included on the specially designated nationals and blocked persons list maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to subsection (b). (d) Presidential Briefings to Congress.--Not later than 180 days after the date of the enactment of this Act, and periodically thereafter, the President shall provide a briefing to the appropriate congressional committees on efforts to implement this section. (e) Definitions.--In this section: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on Financial Services, and the Committee on Ways and Means of the House of Representatives. (2) Significant activities undermining cybersecurity.--The term ``significant activities undermining cybersecurity'' includes-- (A) significant efforts to-- (i) deny access to or degrade, disrupt, or destroy an information and communications technology system or network; or (ii) exfiltrate information from such a system or network without authorization; (B) significant destructive malware attacks; (C) significant denial of service activities; and (D) such other significant activities as may be described in regulations prescribed to implement this section. (3) United states person.--The term ``United States person'' means-- (A) an individual who is a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any government (Federal, State, or local) entity. | Iran Cyber Sanctions Act of 2016 This bill requires the President to report to Congress at least every 180 days regarding significant activities undermining cybersecurity conducted by persons on behalf of or at the direction of the government of Iran (including members of paramilitary organizations such as Ansar-e-Hezbollah and Basij-e Mostaz'afin) against the United States (including U.S. persons, entities, or federal, state, or local governments). The reports must: (1) identify persons that have knowingly facilitated, participated or assisted in, engaged in, directed, or provided material support for such activities; (2) describe their conduct; (3) assess the Iranian government's or other foreign governments' direction, facilitation, or material support in such activities; and (4) provide a strategy to counter efforts by persons to conduct such activities, which shall include engaging foreign governments to halt the capabilities of such persons. The President must include on the Office of Foreign Assets Control's specially designated nationals and blocked persons list persons who are: (1) identified in such reports; or (2) indicted by the Department of Justice in connection with such activities undermining U.S. cybersecurity. Under an exception, the President may exclude such a person from the list by submitting an explanation to Congress. The President must use Executive Order 13694 (relating to blocking the property of certain persons engaging in significant malicious cyber-enabled activities) to impose sanctions against persons included on such list. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Smokestacks Act of 2001''. SEC. 2. REDUCTION OF EMISSIONS FROM POWERPLANTS. Part A of title I of the Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``SEC. 132. REDUCTION OF EMISSIONS FROM POWERPLANTS. ``(a) Emission Reduction Objectives.--The emission reduction objectives of this section are to reduce, not later than January 1, 2007: ``(1) aggregate sulfur dioxide emissions from powerplants by 75 percent from the levels allowed under full implementation of the phase II sulfur dioxide requirements under title IV (relating to acid deposition control); ``(2) aggregate nitrogen oxide emissions from powerplants by 75 percent from 1997 levels; ``(3) aggregate carbon dioxide emissions from powerplants to the level of carbon dioxide emissions from powerplants in 1990; and ``(4) aggregate mercury emissions from powerplants by 90 percent from the 1999 levels. ``(b) Agency Action.-- ``(1) Regulations.-- ``(A) In general.--Not later than 2 years after the date of enactment of this section, the Administrator shall promulgate regulations to achieve the emission reduction objectives specified in subsection (a). ``(B) Elements.--The regulations promulgated under subparagraph (A)-- ``(i) shall achieve the objectives in a manner that the Administrator determines will allocate required emission reductions equitably, taking into account emission reductions achieved before the date of enactment of this section and other relevant factors; ``(ii) may include, except in the case of mercury, market-oriented mechanisms (such as emissions trading based on generation performance standards, auctions, or other allocation methods); ``(iii) shall prevent localized adverse effects on public health and the environment and ensure that significant emission reductions are achieved in both the Eastern and Western regions of the United States; ``(iv) shall ensure that any captured or recovered mercury is not rereleased into the environment; and ``(v) shall, include, consistent with achieving the objectives set forth in subsection (a), incentives for renewable energy. ``(2) Interagency coordination to minimize costs and maximize gains.--To minimize the economic costs and maximize the economic gains of achieving the emission reduction objectives specified in subsection (a), the Administrator shall coordinate with other departments and agencies of Federal and State government to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies, such as those described in the report prepared by the Interlaboratory Working Group of the Department of Energy entitled `Scenarios for a Clean Energy Future', dated November 2000. ``(c) Additional Reductions.--The regulations promulgated under subsection (b) may require additional reductions in emissions from powerplants if the Administrator determines that the emission levels necessary to achieve the emission reduction objectives specified in subsection (a) are not reasonably anticipated to protect public health or welfare. ``(d) Modernization of Outdated Powerplants.-- ``(1) In general.--On the later of the date that is 30 years after a powerplant commenced operation or the date that is 5 years after the date of enactment of this section, it shall comply with-- ``(A) the most recent new source performance standards promulgated under section 111; and ``(B) the requirements under parts C and D that are applicable to modified sources. ``(2) Additional requirements.--The requirements of this subsection shall be in addition to the requirements of the regulations promulgated under subsection (b). ``(e) Other Requirements.--The requirements of this section shall be in addition to, and not in lieu of, any other requirement of this Act. ``(f) Definition.--In this section, the term `powerplant' means an electric generation facility with a nameplate capacity of 15 megawatts or more that uses a combustion device to generate electricity for sale.''. | Clean Smokestacks Act of 2001 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency to promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or more that use a combustion device to generate electricity for sale) by January 1, 2007.Requires powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Kids IRA Act of 2009'' or the ``K- IRA Act''. SEC. 2. YOUNG SAVERS ACCOUNT. (a) Establishment of Accounts.-- (1) 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) Young Savers Account.-- ``(1) In general.--Except as provided in this subsection, a young savers account shall be treated in the same manner as a Roth IRA. ``(2) Young savers account.--For purposes of this subsection, the term `young savers account' means, with respect to any taxable year, a Roth IRA which is established and maintained on behalf of an individual who has not attained age 26 before the close of the taxable year. ``(3) Contribution limits.--In the case of any contributions for any taxable year to 1 or more young savers accounts established and maintained on behalf of an individual, each of the following contribution limits for the taxable year shall be increased as follows: ``(A) The contribution limit applicable to the individual under subsection (c)(2) shall be increased by the aggregate amount of qualified young saver contributions to such accounts for the taxable year. ``(B) The contribution limits applicable to the young savers accounts under subsection (a)(1) or (b)(2)(B) of section 408, whichever is applicable, shall be increased by the deductible amount in effect under section 219(b)(5) for such taxable year (determined without regard to subparagraph (B) thereof). ``(4) Qualified contributions.--For purposes of this subsection-- ``(A) In general.--The term `qualified young saver contribution' means a contribution by an individual (with respect to whom a young savers account is not established and maintained during the taxable year) to a young savers account established and maintained on behalf of another individual. ``(B) Limitations.-- ``(i) Limit on accounts with respect to individual.--The aggregate amount of contributions which may be made for any taxable year to all young savers accounts established and maintained on behalf of an individual shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof). ``(ii) Limit on contributors.--The aggregate amount of qualified contributions an individual may make for any taxable year to all young savers accounts shall not exceed the deductible amount in effect for the taxable year under section 219(b)(5) (determined without regard to subparagraph (B) thereof).''. (b) Partial Deductibility of Qualified Young Saver Contributions.-- Section 219 of such Code (relating to retirement savings) is amended by adding at the end the following new subsection: ``(f) Qualified Young Saver Contributions.-- ``(1) In general.--The amount allowable as a deduction under this section (determined without regard to this subsection) to any individual for any taxable year shall be increased by an amount equal to 20 percent of so much of the qualified young saver contributions (as defined in section 408A(g)) made by such individual for such taxable year as does not exceed $5,000. ``(2) Limit based on modified adjusted gross income.--The amount determined under paragraph (1) shall be reduced in the same manner as under section 408A(c)(3)(A), except that the applicable dollar amount shall be-- ``(A) in the case of a taxpayer filing a joint return, $315,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $200,000, and ``(C) in the case of a married individual filing a separate return, zero. ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2010, the dollar amounts in subparagraphs (A) and (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 the calendar year in which the taxable year begins, determined by substituting `calendar year 2009' for `calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $1,000.''. (c) Conforming Amendment.--Paragraph (1) of section 408A(c) of such Code (relating to no deduction allowed) is amended by striking ``No deduction'' and inserting ``Except as provided in section 219(f), no deduction''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. | Kids IRA Act of 2009 or the K-IRA Act - Amends the Internal Revenue Code to establish a tax-exempt individual retirement account for taxpayers under age 26, to be known as a young savers account. Treats such accounts as Roth individual retirement accounts for income tax purposes. Allows an income-based tax deduction for contributions to such accounts, up to $5,000 in any taxable year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Children From Computer Pornography Act of 1995''. SEC. 2. TRANSMISSION BY COMPUTER OF INDECENT MATERIAL TO MINORS. (a) Offenses.--Section 1464 of title 18, United States Code, is amended-- (1) in the heading by striking ``Broadcasting obscene language'' and inserting ``Utterance of indecent or profane language by radio communication; transmission to minor of indecent material from remote computer facility, electronic communications service, or electronic bulletin board service''; (2) by striking ``Whoever'' and inserting ``(a) Utterance of Indecent or Profane Language by Radio Communication.--A person who''; and (3) by adding at the end the following: ``(b) Transmission to Minor of Indecent Material From Remote Computer Facility, Electronic Communications Service, or Electronic Bulletin Board Service Provider.-- ``(1) Definitions.--As used in this subsection-- ``(A) the term `remote computer facility' means a facility that-- ``(i) provides to the public computer storage or processing services by means of an electronic communications system; and ``(ii) permits a computer user to transfer electronic or digital material from the facility to another computer; ``(B) the term `electronic communications service' means any wire, radio, electromagnetic, photo optical, or photoelectronic system for the transmission of electronic communications, and any computer facility or related electronic equipment for the electronic storage of such communications, that permits a computer user to transfer electronic or digital material from the service to another computer; and ``(C) the term `electronic bulletin board service' means a computer system, regardless of whether operated for commercial purposes, that exists primarily to provide remote or on-site users with digital images, or that exists primarily to permit remote or on-site users to participate in or create on-line discussion groups or conferences. ``(2) Transmission by remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider.--A remote computer facility operator, electronic communications service provider, electronic bulletin board service provider who, with knowledge of the character of the material, knowingly-- ``(A) transmits or offers or attempts to transmit from the remote computer facility, electronic communications service, or electronic bulletin board service provider a communication that contains indecent material to a person under 18 years of age; or ``(B) causes or allows to be transmitted from the remote computer facility, electronic communications service, or electronic bulletin board a communication that contains indecent material to a person under 18 years of age or offers or attempts to do so, shall be fined in accordance with this title, imprisoned not more than 5 years, or both. ``(3) Permitting access to transmit indecent material to a minor.--Any remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider who willfully permits a person to use a remote computing service, electronic communications service, or electronic bulletin board service that is under the control of that remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider, to knowingly or recklessly transmit indecent material from another remote computing service, electronic communications service, or electronic bulletin board service, to a person under 18 years of age, shall be fined not more than $10,000, imprisoned not more than 2 years, or both. ``(4) Three-judge court for civil action.--Any civil action challenging the constitutionality of any provision of this subsection shall be heard and determined by a district court of three judges in accordance with section 2284 of title 28, United States Code.''. (b) Clerical Amendment.--The item relating to section 1464 in the table of sections at the beginning of chapter 71 of title 18, United States Code, is amended to read as follows: ``1464. Utterance of indecent or profane language by radio communication; transmission to minor of indecent material from remote computer facility.''. (c) Report by Attorney General.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Attorney General shall report to the Congress on the state of the technology that would permit parents to block or otherwise filter the transmission of indecent material to minors. (2) Recommendations.--The report shall include recommendations regarding whether the use of blocking or filtering technology by a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider should be treated as an affirmative defense to prosecution under section 1464(b) of title 18, United States Code, as added by section 2(a)(3). | Protection of Children From Computer Pornography Act of 1995 - Amends the Federal criminal code to prohibit the transmission to minors of indecent material from remote computer facilities, electronic communication services, or electronic bulletin boards. Prohibits: (1) the knowing transmittal or attempted transmittal of indecent material to a person under age 18 (and provides penalties of up to five years' imprisonment, a fine, or both); and (2) a remote computer facility operator, electronic communications service provider, or electronic bulletin board service provider from willfully allowing another individual to transmit indecent material to a person under age 18 (and provides penalties of up to two years' imprisonment, a $10,000 fine, or both). Requires the Attorney General to report to the Congress within two years regarding the state of technology that would permit parents to block or filter the transmission of indecent material to minors. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Religious Freedom Peace Tax Fund Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The framers of the United States Constitution, recognizing free exercise of religion as an inalienable right, secured its protection in the First Amendment of the Constitution; and Congress reaffirmed it in the Religious Freedom Restoration Act of 1993, which restores the compelling interest by prohibiting the government from imposing a substantial burden on the free exercise of religion unless it demonstrates that application of the burden is the least restrictive means of achieving a compelling governmental interest. (2) Many people (Quakers, Mennonite, church of the Brethren) and others immigrated to this country expressly to escape religious persecution for their pacifist beliefs, yet in world War I hundreds of conscientious objectors were imprisoned for their beliefs. Seventeen were sentenced to death, 142 were sentenced to life terms, and 345 received sentences of 16.5 years. None of the death sentences were carried out, but 16 conscientious objectors died in prison as a result of mistreatment. (3) In World War II, Congress and the Administration recognized ``alternative civilian service'' in lieu of military service, in the Selective Training and Service Act of 1940 to accommodate a wide spectrum of religious beliefs and practices. Subsequent case law also has expanded these exemptions. This statutory policy has been characterized in case law as a ``long standing tradition in this country'' and one with roots ``deeply embedded in history.'' (Welsh v. United States, 1970) During World War II thousands of conscientious objectors provided essential staff for mental hospitals and volunteered as human test subjects for arduous medical experiments, and provided other service for the national health, safety and interest. (4) For more than 3 decades, these taxpayers sought legal relief from either having their homes, livestock, automobiles, and other property seized; bank accounts attached; wages garnished; fines imposed; and threat of imprisonment for failure to pay; or violating their consciences. (5) Conscientious objection to participation in military service based upon moral, ethical, or religious beliefs is recognized in Federal law, with provision for alternative service; but no such provision exists for taxpayers who are conscientious objectors who must labor for many weeks each year to pay taxes and to support military activities which violate their deeply held beliefs. (6) The Joint Committee on Taxation has certified that a tax trust fund, providing for conscientious objector taxpayers to pay their full taxes for non-military purposes, would increase Federal revenues. SEC. 3. DEFINITIONS. (a) Designated Conscientious Objector.--For purposes of this Act, the term ``designated conscientious objector'' means a taxpayer who is opposed to participation in war in any form based upon the taxpayer's deeply held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act (50 U.S.C. App. 450 et seq.)), and who has certified these beliefs in writing to the Secretary of the Treasury in such form and manner as the Secretary provides. (b) Military Purpose.--For purposes of this Act, the term ``military purpose'' means any activity or program which any agency of the Government conducts, administers, or sponsors and which effects an augmentation of military forces or of defensive and offensive intelligence activities, or enhances the capability of any person or nation to wage war, including the appropriation of funds by the United States for-- (1) the Department of Defense; (2) the Central Intelligence Agency; (3) the National Security Council; (4) the Selective Service System; (5) activities of the Department of Energy that have a military purpose; (6) activities of the National Aeronautics and Space Administration that have a military purpose; (7) foreign military aid; and (8) the training, supplying, or maintaining of military personnel, or the manufacture, construction, maintenance, or development of military weapons, installations, or strategies. SEC. 4. RELIGIOUS FREEDOM PEACE TAX FUND. (a) Establishment.--The Secretary of the Treasury shall establish an account in the Treasury of the United States to be known as the ``Religious Freedom Peace Tax Fund'', for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers who are designated conscientious objectors. The method of deposit shall be prescribed by the Secretary of the Treasury in a manner that minimizes the cost to the Treasury and does not impose an undue burden on such taxpayers. (b) Use of Religious Freedom Peace Tax Fund.--Funds in the Religious Freedom Peace Tax Fund shall be allocated annually to any appropriation not for a military purpose. (c) Report.--The Secretary of the Treasury shall report to the Committees on Appropriations of the House of Representatives and the Senate each year on the total amount transferred into the Religious Freedom Peace Tax Fund during the preceding fiscal year and the purposes for which such amount was allocated in such preceding fiscal year. Such report shall be printed in the Congressional Record upon receipt by the Committees. (d) Sense of Congress.--It is the sense of Congress that any increase in revenue to the Treasury resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund. | Religious Freedom Peace Tax Fund Act - Directs the Secretary of the Treasury to establish in the Treasury the Religious Freedom Peace Tax Fund for the deposit of income, gift, and estate taxes paid by or on behalf of taxpayers: (1) who are designated conscientious objectors opposed to participation in war in any form based upon the taxpayer's deeply held moral, ethical, or religious beliefs or training (within the meaning of the Military Selective Service Act); and (2) who have certified these beliefs in writing.Requires that funds in the Religious Freedom Peace Tax Fund be allocated annually to any appropriation not for a military purpose. Expresses the sense of Congress that any revenue increase resulting from the creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner consistent with the purposes of the Fund. |
TITLE I--THE CHILD ABUSE PREVENTION AND ENFORCEMENT ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Child Abuse Prevention and Enforcement Act''. SEC. 102. GRANT PROGRAM. Section 102(b) of the Crime Identification Technology Act of 1998 (42 U.S.C. 14601(b)) is amended by striking ``and'' at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ``; and'', and by adding after paragraph (16) the following: ``(17) the capability of the criminal justice system to deliver timely, accurate, and complete criminal history record information to child welfare agencies, organizations, and programs that are engaged in the assessment of risk and other activities related to the protection of children, including protection against child sexual abuse, and placement of children in foster care.''. SEC. 103. USE OF FUNDS UNDER BYRNE GRANT PROGRAM FOR CHILD PROTECTION. Section 501(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751) is amended-- (1) by striking ``and'' at the end of paragraph (25); (2) by striking the period at the end of paragraph (26) and inserting a semicolon; and (3) by adding at the end the following: ``(27) enforcing child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect; and ``(28) establishing or supporting cooperative programs between law enforcement and media organizations, to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.''. SEC. 104. CONDITIONAL ADJUSTMENT IN SET ASIDE FOR CHILD ABUSE VICTIMS UNDER THE VICTIMS OF CRIME ACT OF 1984. (a) In General.--Section 1402(d)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(2)) is amended-- (1) by striking ``(2) The first $10,000,000'' and inserting ``(2)(A) Except as provided in subparagraph (B), the first $10,000,000''; and (2) by adding at the end the following: ``(B)(i) For any fiscal year for which the amount deposited in the Fund is greater than the amount deposited in the Fund for fiscal year 1998, the $10,000,000 referred to in subparagraph (A) plus an amount equal to 50 percent of the increase in the amount from fiscal year 1998 shall be available for grants under section 1404A. ``(ii) Amounts available under this subparagraph for any fiscal year shall not exceed $20,000,000.''. (b) Interaction With Any Cap.--Subsection (a) shall be implemented so that any increase in funding provided thereby shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund established under the Victims of Crime Act of 1984. TITLE II--JENNIFER'S LAW SEC. 201. SHORT TITLE. This title may be cited as ``Jennifer's Law''. SEC. 202. PROGRAM AUTHORIZED. The Attorney General is authorized to provide grant awards to States to enable States to improve the reporting of unidentified and missing persons. SEC. 203. ELIGIBILITY. (a) Application.--To be eligible to receive a grant award under this title, a State shall submit an application at such time and in such form as the Attorney General may reasonably require. (b) Contents.--Each such application shall include assurances that the State shall, to the greatest extent possible-- (1) report to the National Crime Information Center and when possible, to law enforcement authorities throughout the State regarding every deceased unidentified person, regardless of age, found in the State's jurisdiction; (2) enter a complete profile of such unidentified person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, DNA records, x-rays, and fingerprints, if available; (3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person; and (4) retain all such records pertaining to unidentified persons until a person is identified. SEC. 204. USES OF FUNDS. A State that receives a grant award under this title may use such funds received to establish or expand programs developed to improve the reporting of unidentified persons in accordance with the assurances provided in the application submitted pursuant to section 203(b). SEC. 205. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $2,000,000 for each of fiscal years 2000, 2001, and 2002. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | (Sec. 103) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow the use of drug control and system improvement (Byrne) grants to be used: (1) to enforce child abuse and neglect laws, including laws protecting against child sexual abuse, and to promote programs designed to prevent child abuse and neglect; and (2) to establish or support cooperative programs between law enforcement and media organizations to collect, record, retain, and disseminate information useful in the identification and apprehension of suspected criminal offenders.(Sec. 104) Amends the Victims of Crime Act of 1984 to provide for a conditional adjustment in the set aside for child abuse victims. Directs that such adjustment be implemented so that any increase in funding provided shall operate notwithstanding any dollar limitation on the availability of the Crime Victims Fund.Title II: Jennifer's Law - Jennifer's Law - Authorizes the Attorney General to provide grant awards to enable States to improve the reporting of unidentified and missing persons. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Financial Assistance Management Improvement Act of 2009''. SEC. 2. REAUTHORIZATION. Section 11 of the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note) is amended-- (1) in the section heading, by striking ``and sunset''; and (2) by striking ``and shall cease to be effective 8 years after such date of enactment''. SEC. 3. WEBSITE RELATING TO FEDERAL GRANTS. Section 6 of the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note) is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (2) by inserting after subsection (d) the following: ``(e) Website Relating to Federal Grants.-- ``(1) In general.--The Director shall establish and maintain a public website that serves as a central point of information and access for applicants for Federal grants. ``(2) Contents.--To the maximum extent possible, the website established under this subsection shall include, at a minimum, for each Federal grant-- ``(A) the grant announcement; ``(B) the statement of eligibility relating to the grant; ``(C) the application requirements for the grant; ``(D) the purposes of the grant; ``(E) the Federal agency funding the grant; and ``(F) the deadlines for applying for and awarding of the grant. ``(3) Use by applicants.--The website established under this subsection shall, to the greatest extent practical, allow grant applicants to-- ``(A) search the website for all Federal grants by type, purpose, funding agency, program source, and other relevant criteria; ``(B) apply for a Federal grant using the website; ``(C) manage, track, and report on the use of Federal grants using the website; and ``(D) provide all required certifications and assurances for a Federal grant using the website.''; and (3) in subsection (g), as so redesignated, by striking ``All actions'' and inserting ``Except for actions relating to establishing the website required under subsection (e), all actions''. SEC. 4. REPORT ON IMPLEMENTATION. The Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note) is amended by striking section 7 and inserting the following: ``SEC. 7. EVALUATION OF IMPLEMENTATION. ``(a) In General.--Not later than 9 months after the date of enactment of the Federal Financial Assistance Management Improvement Act of 2009, and every 2 years thereafter until the date that is 15 years after the date of enactment of the Federal Financial Assistance Management Improvement Act of 2009, the Director shall submit to Congress a report regarding the implementation of this Act. ``(b) Contents.-- ``(1) In general.--Each report under subsection (a) shall include, for the applicable period-- ``(A) a list of all grants for which an applicant may submit an application using the website established under section 6(e); ``(B) a list of all Federal agencies that provide Federal financial assistance to non-Federal entities; ``(C) a list of each Federal agency that has complied, in whole or in part, with the requirements of this Act; ``(D) for each Federal agency listed under subparagraph (C), a description of the extent of the compliance with this Act by the Federal agency; ``(E) a list of all Federal agencies exempted under section 6(d); ``(F) for each Federal agency listed under subparagraph (E)-- ``(i) an explanation of why the Federal agency was exempted; and ``(ii) a certification that the basis for the exemption of the Federal agency is still applicable; ``(G) a list of all common application forms that have been developed that allow non-Federal entities to apply, in whole or in part, for multiple Federal financial assistance programs (including Federal financial assistance programs administered by different Federal agencies) through a single common application; ``(H) a list of all common forms and requirements that have been developed that allow non-Federal entities to report, in whole or in part, on the use of funding from multiple Federal financial assistance programs (including Federal financial assistance programs administered by different Federal agencies); ``(I) a description of the efforts made by the Director and Federal agencies to communicate and collaborate with representatives of non-Federal entities during the implementation of the requirements under this Act; ``(J) a description of the efforts made by the Director to work with Federal agencies to meet the goals of this Act, including a description of working groups or other structures used to coordinate Federal efforts to meet the goals of this Act; and ``(K) identification and description of all systems being used to disburse Federal financial assistance to non-Federal entities. ``(2) Subsequent reports.--The second report submitted under subsection (a), and each subsequent report submitted under subsection (a), shall include-- ``(A) a discussion of the progress made by the Federal Government in meeting the goals of this Act, including the amendments made by the Federal Financial Assistance Management Improvement Act of 2009, and in implementing the strategic plan submitted under section 8, including an evaluation of the progress of each Federal agency that has not received an exemption under section 6(d) towards implementing the strategic plan; and ``(B) a compilation of the reports submitted under section 8(c)(3) during the applicable period. ``(c) Definition of Applicable Period.--In this section, the term `applicable period' means-- ``(1) for the first report submitted under subsection (a), the most recent full fiscal year before the date of the report; and ``(2) for the second report submitted under subsection (a), and each subsequent report submitted under subsection (a), the period beginning on the date on which the most recent report under subsection (a) was submitted and ending on the date of the report.''. SEC. 5. STRATEGIC PLAN. (a) In General.--The Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note) is amended-- (1) by redesignating sections 8, 9, 10, and 11 as sections 9, 10, 11, and 12, respectively; and (2) by inserting after section 7, as amended by this Act, the following: ``SEC. 8. STRATEGIC PLAN. ``(a) In General.--Not later than 18 months after the date of enactment of the Federal Financial Assistance Management Improvement Act of 2009, the Director shall submit to Congress a strategic plan that-- ``(1) identifies Federal financial assistance programs that are suitable for common applications based on the common or similar purposes of the Federal financial assistance; ``(2) identifies Federal financial assistance programs that are suitable for common reporting forms or requirements based on the common or similar purposes of the Federal financial assistance; ``(3) identifies common aspects of multiple Federal financial assistance programs that are suitable for common application or reporting forms or requirements; ``(4) identifies changes in law, if any, needed to achieve the goals of this Act; and ``(5) provides plans, timelines, and cost estimates for-- ``(A) developing an entirely electronic, web-based process for managing Federal financial assistance, including the ability to-- ``(i) apply for Federal financial assistance; ``(ii) track the status of applications for and payments of Federal financial assistance; ``(iii) report on the use of Federal financial assistance, including how such use has been in furtherance of the objectives or purposes of the Federal financial assistance; and ``(iv) provide required certifications and assurances; ``(B) ensuring full compliance by Federal agencies with the requirements of this Act, including the amendments made by the Federal Financial Assistance Management Improvement Act of 2009; ``(C) creating common applications for the Federal financial assistance programs identified under paragraph (1), regardless of whether the Federal financial assistance programs are administered by different Federal agencies; ``(D) establishing common financial and performance reporting forms and requirements for the Federal financial assistance programs identified under paragraph (2), regardless of whether the Federal financial assistance programs are administered by different Federal agencies; ``(E) establishing common applications and financial and performance reporting forms and requirements for aspects of the Federal financial assistance programs identified under paragraph (3), regardless of whether the Federal financial assistance programs are administered by different Federal agencies; ``(F) developing mechanisms to ensure compatibility between Federal financial assistance administration systems and State systems to facilitate the importing and exporting of data; ``(G) developing common certifications and assurances, as appropriate, for all Federal financial assistance programs that have common or similar purposes, regardless of whether the Federal financial assistance programs are administered by different Federal agencies; and ``(H) minimizing the number of different systems used to disburse Federal financial assistance. ``(b) Consultation.--In developing and implementing the strategic plan under subsection (a), the Director shall consult with representatives of non-Federal entities and Federal agencies that have not received an exemption under section 6(d). ``(c) Federal Agencies.-- ``(1) In general.--Not later than 6 months after the date on which the Director submits the strategic plan under subsection (a), the head of each Federal agency that has not received an exemption under section 6(d) shall develop a plan that describes how the Federal agency will carry out the responsibilities of the Federal agency under the strategic plan, which shall include-- ``(A) clear performance objectives and timelines for action by the Federal agency in furtherance of the strategic plan; and ``(B) the identification of measures to improve communication and collaboration with representatives of non-Federal entities on an on-going basis during the implementation of this Act. ``(2) Consultation.--The head of each Federal agency that has not received an exemption under section 6(d) shall consult with representatives of non-Federal entities during the development and implementation of the plan of the Federal agency developed under paragraph (1). ``(3) Reporting.--Not later than 2 years after the date on which the head of a Federal agency that has not received an exemption under section 6(d) develops the plan under paragraph (1), and every 2 years thereafter until the date that is 15 years after the date of enactment of the Federal Financial Assistance Management Improvement Act of 2009, the head of the Federal agency shall submit to the Director a report regarding the progress of the Federal agency in achieving the objectives of the plan of the Federal agency developed under paragraph (1).''. (b) Technical and Conforming Amendment.--Section 5(d) of the Federal Financial Assistance Management Improvement Act of 1999 (31 U.S.C. 6101 note) is amended by inserting ``, until the date on which the Federal agency submits the first report by the Federal agency required under section 8(c)(3)'' after ``subsection (a)(7)''. Passed the Senate March 17, 2009. Attest: NANCY ERICKSON, Secretary. | Federal Financial Assistance Management Improvement Act of 2009 - (Sec. 2) Amends the Federal Financial Assistance Management Improvement Act of 1999 (FFAMIA) to repeal its termination date (thus extending it indefinitely). (Sec. 3) Requires the Director of the Office of Management and Budget (OMB) to establish and maintain a public website, meeting specified criteria, that serves as a central point of information and access for federal grant applicants, including grant: (1) announcements; (2) statements of eligibility; (3) application requirements; (4) purposes; (5) federal agency providers; and (6) deadlines for applying and awarding. Requires the website to allow grant applicants to apply for grants on it, among other uses. (Sec. 4) Requires OMB to report to Congress on: (1) the implementation of FFAMIA; and (2) a strategic plan specifying federal financial assistance progams suitable for common applications and reporting forms or requirements, changes in law (if any) needed to achieve the goals of this Act, and plans, timeliness, and cost estimates for developing an entirely electronic, web-based process for managing federal financial assistance. (Sec. 5) Requires the head of each federal agency that has not been exempted from FFAMIA to develop a plan that describes how it will carry out its responsibilities under the strategic plans. (Sec. 6) Requires OMB to adopt: (1) a single data standard for the collection, analysis, and dissemination of business and financial information for use by private sector entities for information required to be reported to the federal government; and (2) a separate single data standard for the use by federal agencies for federal financial information. Requires each federal agency to require the use of the single data standard for information the private sector must report to agencies for: (1) all applications for federal financial assistance; and (2) all reports on the use of such assistance that the agency requires non-federal entities to submit. |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans' Compensation Cost-of-Living Adjustment Act of 1999''. (b) References to Title 38, United States Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. DISABILITY COMPENSATION. (a) Increase in Rates.--Section 1114 is amended-- (1) by striking ``$95'' in subsection (a) and inserting ``$98''; (2) by striking ``$182'' in subsection (b) and inserting ``$188''; (3) by striking ``$279'' in subsection (c) and inserting ``$288''; (4) by striking ``$399'' in subsection (d) and inserting ``$413''; (5) by striking ``$569'' in subsection (e) and inserting ``$589''; (6) by striking ``$717'' in subsection (f) and inserting ``$743''; (7) by striking ``$905'' in subsection (g) and inserting ``$937''; (8) by striking ``$1,049'' in subsection (h) and inserting ``$1,087''; (9) by striking ``$1,181'' in subsection (i) and inserting ``$1,224''; (10) by striking ``$1,964'' in subsection (j) and inserting ``$2,036''; (11) in subsection (k)-- (A) by striking ``$75'' both places it appears and inserting ``$76''; and (B) by striking ``$2,443'' and ``$3,426'' and inserting ``$2,533'' and ``$3,553'', respectively; (12) by striking ``$2,443'' in subsection (l) and inserting ``$2,533''; (13) by striking ``$2,694'' in subsection (m) and inserting ``$2,794''; (14) by striking ``$3,066'' in subsection (n) and inserting ``$3,179''; (15) by striking ``$3,426'' each place it appears in subsections (o) and (p) and inserting ``$3,553''; (16) by striking ``$1,471'' and ``$2,190'' in subsection (r) and inserting ``$1,525'' and ``$2,271'', respectively; and (17) by striking ``$2,199'' in subsection (s) and inserting ``$2,280''. (b) Special Rule.--The Secretary of Veterans Affairs may authorize administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. SEC. 3. ADDITIONAL COMPENSATION FOR DEPENDENTS. Section 1115(1) is amended-- (1) by striking ``$114'' in clause (A) and inserting ``$117''; (2) by striking ``$195'' and ``$60'' in clause (B) and inserting ``$201'' and ``$61'', respectively; (3) by striking ``$78'' and ``$60'' in clause (C) and inserting ``$80'' and ``$61'', respectively; (4) by striking ``$92'' in clause (D) and inserting ``$95''; (5) by striking ``$215'' in clause (E) and inserting ``$222''; and (6) by striking ``$180'' in clause (F) and inserting ``$186''. SEC. 4. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS. Section 1162 is amended by striking ``$528'' and inserting ``$546''. SEC. 5. DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES. (a) New Law Rates.--Section 1311(a) is amended-- (1) by striking ``$850'' in paragraph (1) and inserting ``$881''; and (2) by striking ``$185'' in paragraph (2) and inserting ``$191''. (b) Old Law Rates.--The table in section 1311(a)(3) is amended to read as follows: --------------------------------------------------------------------------- Monthly Monthly ``Pay grade rate Pay grade rate E-1...................... $881 W-4........ $1,054 E-2...................... 881 O-1........ 930 E-3...................... 881 O-2........ 962 E-4...................... 881 O-3........ 1,028 E-5...................... 881 O-4........ 1,087 E-6...................... 881 O-5........ 1,198 E-7...................... 911 O-6........ 1,349 E-8...................... 962 O-7........ 1,458 E-9...................... 1,003\1\ O-8........ 1,598 W-1...................... 930 O-9........ 1,712 W-2...................... 968 O-10....... 1,878\2\ W-3...................... 997 ``\1\If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,082. ``\2\If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,013.''. (c) Additional DIC for Children.--Section 1311(b) is amended by striking ``$215'' and inserting ``$222''. (d) Aid and Attendance Allowance.--Section 1311(c) is amended by striking ``$215'' and inserting ``$222''. (e) Housebound Rate.--Section 1311(d) is amended by striking ``$104'' and inserting ``$107''. SEC. 6. DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN. (a) DIC for Orphan Children.--Section 1313(a) is amended-- (1) by striking ``$361'' in paragraph (1) and inserting ``$373''; (2) by striking ``$520'' in paragraph (2) and inserting ``$538''; (3) by striking ``$675'' in paragraph (3) and inserting ``$699''; and (4) by striking ``$675'' and ``$132'' in paragraph (4) and inserting ``$699'' and ``$136'', respectively. (b) Supplemental DIC for Disabled Adult Children.-- Section 1314 is amended-- (1) by striking ``$215'' in subsection (a) and inserting ``$222''; (2) by striking ``$361'' in subsection (b) and inserting ``$373''; and (3) by striking ``$182'' in subsection (c) and inserting ``$188''. SEC. 7. EFFECTIVE DATE. The amendments made by this Act shall take effect on December 1, 1999. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Veterans' Compensation Cost-of-Living Adjustment Act of 1999 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 1999, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date, and to be published at the same time the latter increases are published. Revises codified amounts to reflect the December 1, 1998, cost-of-living adjustment to the veterans' compensation rates. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Write the Laws Act''. SEC. 2. CONSTITUTIONAL AUTHORITY STATEMENT. (a) In General.--This Act is enacted pursuant to the powers conferred by the Constitution of the United States upon Congress by-- (1) article I, section 1, which vests in Congress all legislative powers granted under the Constitution; and (2) article I, section 8, clause 18, which vests in Congress the power to make all laws that shall be necessary and proper for executing the legislative power granted to Congress in the Constitution. (b) Other Authority.--This Act is also enacted to bring the enforcement of Federal law into compliance with the guarantee under the Fifth Amendment to the Constitution of the United States that no person be deprived of life, liberty, or property without due process of law. SEC. 3. FINDINGS. Congress finds the following: (1) Article I, section 1 of the Constitution of the United States vests the legislative powers enumerated therein in Congress, consisting of a Senate and a House of Representatives, subject only to the veto power of the President as provided in article I, section 7, clause 2. (2) Article II, section 1 of the Constitution of the United States vests the executive power of the United States in a President. (3) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in ``one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish'', subject only to the jurisdictional limitations set forth in article III, section 2. (4) As the Supreme Court of the United States has stated, ``In the main, [the Constitution of the United States] has blocked out with singular precision, and in bold lines, in its three primary Articles, the allotment of power to the executive, the legislative, and judicial departments of the government [and] the powers confided by the Constitution to one of these departments cannot be exercised by another.''. Kilbourn v. Thompson, 103 U.S. 168, 191 (1881). (5) ``It is . . . essential to the successful working of this system, that the persons entrusted with power in any one of these branches shall not be permitted to encroach upon the powers confided to others, but that each shall by the law of its creation be limited to the exercise of the powers . . . of its own department and no other.''. Id. (6) ``The increase in the number of States, in their population and wealth, and in the amount of power . . . [has] present[ed] powerful and growing temptations to those to whom that exercise is intrusted, to overstep the just boundaries of their own department, and enter upon the domain of one of the others, or to assume powers not intrusted to either of them.''. Id. at 191-192. (7) Succumbing to these ``powerful and growing'' temptations, and beginning in the late nineteenth century with the Interstate Commerce Commission and continuing to the present time, Congress has unconstitutionally created numerous administrative agencies with blended powers, namely-- (A) the exercise of legislative power vested by the Constitution of the United States in Congress; (B) the exercise of executive power vested by the Constitution of the United States in the President; and (C) the exercise of judicial power vested by the Constitution of the United States in the Supreme Court and lower Federal courts. (8) By delegating legislative, executive, and judicial power to the various administrative agencies, Congress has departed from the separation of powers structure of the Constitution of the United States, and ignored the warning of the framers of that instrument that ``The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.''. James Madison, The Federalist No. 47. (9) Further, by delegating legislative, executive, and judicial powers to various administrative agencies, Congress has unconstitutionally established a Star Chamber-like system of rules promulgated, executed, and adjudicated by administrative agencies that are functionally a part of the executive branch of the Federal Government in violation of the due process guarantee of the Fifth Amendment to the Constitution of the United States. (10) By the very nature of legislative power, and by the express terms of article I, section 1 of the Constitution of the United States, Congress may not delegate any legislative power to any other branch of the Federal Government or other entity, including any administrative agency. As Chief Justice John Marshall stated: ``It will not be contended that congress can delegate to the courts, or to any other tribunals, powers which are strictly and exclusively legislative.''. Wayman v. Southard, 10 Wheat. (23 U.S.) 1, 42 (1825). (11) As Chief Justice Melville Fuller explained, a ``criminal offense'' created or clarified by an agency in the executive branch is not valid unless the offense ``is fully and completely defined by the act'' of Congress. In re Kollock, 165 U.S. 526, 533 (1897). (12) By vesting legislative power in the Congress, the Constitution requires the Senate and the House of Representatives to enact statutes containing general rules to be executed by the President, as provided in article II, section 1 of the Constitution of the United States, and to be adjudicated in a case or controversy by such inferior courts as Congress may from time to time establish, or in the Supreme Court, as provided in article III, sections 1 and 2. (13) By abdicating its constitutional legislative responsibility to write the laws whereby the people are governed, and having unconstitutionally delegated that power to unelected bureaucrats, Congress has undermined the constitutional protections of-- (A) the checks and balances of a bicameral legislative body; and (B) a Presidential veto. (14) As a direct consequence of Congress having abdicated its responsibility to properly exercise the legislative power vested by the Constitution of the United States, Congress has-- (A) imposed onerous and unreasonable burdens upon the American people; and (B) violated the constitutional principle of the separation of the legislative, executive, and judicial processes and functions. SEC. 4. RESTORING THE SEPARATION OF POWERS. (a) In General.--Title 1 of the United States Code is amended by inserting after chapter 2 the following: ``CHAPTER 2A--SEPARATION OF POWERS ``Sec. ``151. Nondelegation of legislative power. ``152. Enforcement clause. ``153. Applicability. ``Sec. 151. Nondelegation of legislative power ``(a) Definition.--In this section, the term `delegation of legislative powers'-- ``(1) includes-- ``(A) the creation or clarification of any criminal or civil offense; and ``(B) the creation or clarification of any non- criminal regulation, prohibition or limitation applicable to the public, or some subset thereof, that is not fully and completely defined in an Act of Congress, except that the Executive Branch of government may be delegated authority to make factual findings that will determine the date upon which such an Act is implemented, suspended, or revived; and ``(2) does not include the issuance of any presidential proclamation, or the issuance of any rule or regulation governing the internal operation of any agency, or conditions made upon grants or contracts issued by any agency. ``(b) Prohibition.--An Act of Congress may not contain any delegation of legislative powers, whether to-- ``(1) any component within the legislative branch of the Federal Government; ``(2) the President or any other member of the executive branch of the Federal Government; ``(3) the judicial branch of the Federal Government; ``(4) any agency; ``(5) any quasi-public agency; ``(6) any State or instrumentality thereof; or ``(7) any other organization or individual. ``(c) Executive Actions.--No new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than an officer or employee of the Federal Government, may be promulgated or put into effect, unless the directive, decision, rule or regulation is authorized by an Act of Congress that complies with subsection (b). ``(d) Report.--Not later than 6 months after the date of enactment of this chapter, the Comptroller General of the United States shall submit to Congress a report identifying all statutes enacted before the date that is 90 days after the date of enactment of this chapter which contain any delegation of legislative powers prohibited under this section. ``Sec. 152. Enforcement clause ``(a) In General.--An Act of Congress, presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151 shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress, presidential directive, adjudicative decision, rule, or regulation. ``(b) Cause of Action.--Any person aggrieved by any action of any officer or employee in the executive branch of the Federal Government under any Act of Congress that does not comply with section 151 may bring a cause of action under sections 2201 and 2202 of title 28 against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, presidential directive, adjudicative decision, rule, or regulation that does not comply with section 151. ``(c) Standard of Review.--In any action brought under subsection (b), the standard of review shall be de novo. ``Sec. 153. Effective date ``This chapter shall apply to any Act of Congress, presidential directive, adjudicative decision, rule, or regulation, change to an existing presidential directive, adjudicative decision, rule, or regulation, enacted or promulgated on or after the date that is 90 days after the date of enactment of this chapter.''. (b) Technical and Conforming Amendment.--The table of chapters for title 1, United States Code, is amended by inserting after the item relating to chapter 2 the following: ``2A. Separation of powers................................. 151''. SEC. 5. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. | Write the Laws Act - Prohibits an Act of Congress from containing any delegation of legislative powers, whether to: (1) any component within the legislative branch, (2) the President or any other member of the executive branch, (3) the judicial branch, (4) any agency, (5) any quasi-public agency, (6) any state or state instrumentality, or (7) any other organization or individual. Excludes from the meaning of delegation of legislative powers the issuance of presidential proclamations, or issuance of rules or regulations governing the internal operation of federal agencies, or conditions made upon grants or contracts issued by agencies. Prohibits the promulgation or putting into effect of any new presidential directive, adjudicative decision, rule, or regulation, or change to an existing presidential directive, adjudicative decision, rule, or regulation governing, limiting, imposing a penalty on, or otherwise regulating any activity of any individual or entity, other than a federal officer or employee, unless it is authorized by an Act of Congress that complies with this Act. Requires the Comptroller General (GAO) to identify to Congress all statutes enacted within 90 days after enactment of this Act which contain any delegation of legislative powers prohibited by it. Denies any force or effect to any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act. Prohibits any legal, equitable, regulatory, civil, or criminal action from being brought under such an Act, adjudicative decision, rule, or regulation. Grants persons aggrieved by the action of any executive branch officer or employee the right to bring an action against the United States to seek appropriate relief, including an injunction against enforcement of any Act of Congress, presidential directive, adjudicative decision, rule, or regulation noncompliant with this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Reform Expedited Procedures Act of 2004''. SEC. 2. SENATE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION. (a) Introduction.-- (1) In general.--Not later than 30 calendar days after the commencement of the first session of a Congress, the chair of the Senate Committee on Health, Education, Labor, and Pensions, the Chair of the Senate Committee on Finance, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each introduce a bill to provide universal health care coverage for the people of the United States. (2) Minority party.--These bills may be introduced by request and only 1 qualified bill may be introduced by each individual referred to in paragraph (1) within a Congress. If either committee chair fails to introduce the bill within the 30-day period, the ranking minority party member of the respective committee may instead introduce a bill that will qualify for the expedited procedure provided in this section. (3) Qualified bill.-- (A) In general.--In order to qualify as a qualified bill-- (i) the title of the bill shall be ``To reform the system of the United States and to provide insurance coverage for all Americans.''; and (ii) the bill shall reach the goal of providing health care coverage to 95 percent of Americans within 10 years. (B) Determination.--Whether or not a bill meets the criteria in subparagraph (A) shall be determined by the Chair of the Senate Budget Committee, relying on estimates of the Congressional Budget Office, subject to the final approval of the Senate. (b) Referral.-- (1) Committee bills.--Upon introduction, the bill authored by the Chair of the Senate Committee on Finance shall be referred to that Committee and the bill introduced by the Chair of the Senate Committee on Health, Education, Labor, and Pensions shall be referred to that committee. If either committee has not reported the bill referred to it (or another qualified bill) by the end of a 60 calendar-day period beginning on the date of referral, the committee is, as of that date, automatically discharged from further consideration of the bill, and the bill is placed directly on the chamber's legislative calendar. In calculating the 60-day period, adjournments for more than 3 days are not counted. (2) Leader bills.--The bills introduced by the Senate Majority Leader and the Senate Minority Leader shall, on introduction, be placed directly on the Senate Calendar of Business. (c) Motion To Proceed.-- (1) In general.--On or after the third day following the committee report or discharge or upon a bill being placed on the calendar under subsection (b)(2), it shall be in order for any Member, after consultation with the Majority Leader, to move to proceed to the consideration of any qualified bill. Notice shall first be given before proceeding. This motion to proceed to the consideration of a bill can be offered by a Member only on the day after the calendar day on which the Member announces his or her intention to offer it. (2) Consideration.--The motion to proceed to a given qualified bill can be made even if a motion to the same effect has previously been rejected. No more than 3 such motions may be made, however, in any 1 congressional session. (3) Privileged and nondebatable.--The motion to proceed is privileged, and all points of order against the motion to proceed to consideration and its consideration are waived. The motion is not debatable, is not amendable, and is not subject to a motion to postpone. (4) No other business or reconsideration.--The motion is not subject to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or disagreed to is not in order. (d) Consideration of Qualified Bill.-- (1) In general.--If the motion to proceed is adopted, the chamber shall immediately proceed to the consideration of a qualified bill without intervening motion, order, or other business, and the bill remains the unfinished business of the Senate until disposed of. A motion to limit debate is in order and is not debatable. (2) Only business.--The qualified bill is not subject to a motion to postpone or a motion to proceed to the consideration of other business before the bill is disposed of. (3) Relevant amendments.--Only relevant amendments may be offered to the bill. SEC. 3. HOUSE CONSIDERATION OF HEALTH CARE REFORM LEGISLATION. (a) Introduction.-- (1) In general.--Not later than 30 calendar days after the commencement of the first session of a Congress, the chair of the House Committee on Energy and Commerce, the chair of the House Committee on Ways and Means, the Majority Leader of the House, and the Minority Leader of the House shall each introduce a bill to provide universal health care coverage for the people of the United States. (2) Minority party.--These bills may be introduced by request and only 1 qualified bill may be introduced by each individual referred to in paragraph (1) within a Congress. If either committee chair fails to introduce the bill within the 30-day period, the ranking minority party member of the respective committee may, within the following 30 days, instead introduce a bill that will qualify for the expedited procedure provided in this section. (3) Qualified bill.-- (A) In general.--To qualify for the expedited procedure under this section as a qualified bill, the bill shall reach the goal of providing healthcare coverage to 95 percent of Americans within 10 years. (B) Determination.--Whether or not a bill meets the criteria in subparagraph (A) shall be determined by the Speaker's ruling on a point of order based on a Congressional Budget Office estimate of the bill. (b) Referral.-- (1) Committee bills.--Upon introduction, the bill authored by the Chair of the House Committee on Energy and Commerce will be referred to that committee and the bill introduced by the Chair of the House Committee on Ways and Means shall be referred to that committee. If either committee has not reported the bill referred to it (or another qualified bill) by the end of 60 days of consideration beginning on the date of referral, the committee shall be automatically discharged from further consideration of the bill, and the bill shall be placed directly on the Calendar of the Whole House on the State of the Union. In calculating the 60-day period, adjournments for more than 3 days are not counted. (2) Leader bills.--The bills introduced by the House Majority Leader and House Minority Leader will, on introduction, be placed directly on the Calendar of the Whole House on the State of the Union. (c) Motion To Proceed.-- (1) In general.--On or after the third day following the committee report or discharge or upon a bill being placed on the calendar under subsection (b)(2), it shall be in order for any Member, after consultation with the Majority Leader, to move to proceed to the consideration of any qualified bill. Notice must first be given before proceeding. This motion to proceed to the consideration of a bill can be offered by a Member only on the day after the calendar day on which the Member announces his or her intention to offer it. (2) Consideration.--The motion to proceed to a given qualified bill can be made even if a motion to the same effect has previously been rejected. No more than 3 such motions may be made, however, in any 1 congressional session. (3) Privileged and nondebatable.--The motion to proceed is privileged, and all points of order against the motion to proceed to consideration and its consideration are waived. The motion is not debatable, is not amendable, and is not subject to a motion to postpone. (4) No other business or reconsideration.--The motion is not subject to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion to proceed is agreed to or disagreed to is not in order. (d) Consideration of a Qualified Bill.-- (1) In general.--If the motion to proceed is adopted, the chamber will immediately proceed to the consideration of a qualified bill without intervening motion, order, or other business, and the bill remains the unfinished business of the House until disposed of. (2) Committee of the whole.--The bill will be considered in the Committee of the Whole under the 5-minute rule, and the bill shall be considered as read and open for amendment at any time. (3) Limit debate.--A motion to further limit debate is in order and is not debatable. (4) Relevant amendments.--Only relevant amendments may be offered to the bill. | Health Care Reform Expedited Procedures Act of 2004 - Requires, within 30 calendar days after the commencement of the first session of a Congress, the chair of the Senate Committee on Health, Education, Labor, and Pensions, the chair of the Senate Committee on Finance, the Majority and Minority Leaders of the Senate, the chairs of the House Committees on Energy and Commerce and on Ways and Means, and the Majority and Minority Leaders of the House each to introduce a bill to provide universal health care coverage for the people of the United States. States that these bills may be introduced by request, but only one qualified bill may be introduced by each such individual within a Congress. Authorizes the ranking minority party member of a committee, if the chair fails to introduce the bill within the 30-day period, to introduce a bill that will qualify for the expedited procedure provided in this Act. Qualifies a bill if: (1) its title reads "to reform the system of the United States and to provide insurance coverage for all Americans;" and (2) it reaches the goal of providing health care coverage to 95 percent of Americans within ten years. Sets forth procedures for consideration of such legislation in both chambers. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Public Transportation Terrorism Prevention Act of 2005''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Security assessments. Sec. 4. Security assistance grants. Sec. 5. Intelligence sharing. Sec. 6. Research, development, and demonstration grants. Sec. 7. Reporting requirements. Sec. 8. Authorization of appropriations. Sec. 9. Sunset provision. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) public transportation systems throughout the world have been a primary target of terrorist attacks, causing countless death and injuries; (2) 5,800 public transportation agencies operate in the United States; (3) 14,000,000 people in the United States ride public transportation each work day; (4) safe and secure public transportation systems are essential for the Nation's economy and for significant national and international public events; (5) the Federal Transit Administration has invested $74,900,000,000 since 1992 for construction and improvements to the Nation's public transportation systems; (6) the Federal Government appropriately invested $18,100,000,000 in fiscal years 2002 through 2005 to protect our Nation's aviation system and its 1,800,000 daily passengers; (7) the Federal Government has allocated $250,000,000 in fiscal years 2003 through 2005 to protect public transportation systems in the United States; (8) the Federal Government has invested $7.38 in aviation security improvements per passenger, but only $0.007 in public transportation security improvements per passenger; (9) the Government Accountability Office, the Mineta Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and many transportation experts have reported an urgent need for significant investment in public transportation security improvements; and (10) the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation's public transportation systems. SEC. 3. SECURITY ASSESSMENTS. (a) Public Transportation Security Assessments.-- (1) Submission.--Not later than 30 days after the date of enactment of this Act, the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary of Homeland Security. (2) Review.--Not later than July 31, 2006, the Secretary of Homeland Security shall review and augment the security assessments received under paragraph (1). (3) Allocations.--The Secretary of Homeland Security shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section 4, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or other significant factors. (4) Security improvement priorities.--Not later than September 30, 2006, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1), shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section 4. (5) Updates.--Not later than July 31, 2007, and annually thereafter, the Secretary of Homeland Security shall-- (A) update the security assessments referred to in this subsection; and (B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack. (b) Use of Security Assessment Information.--The Secretary of Homeland Security shall use the information collected under subsection (a)-- (1) to establish the process for developing security guidelines for public transportation security; and (2) to design a security improvement strategy that-- (A) minimizes terrorist threats to public transportation systems; and (B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks. (c) Bus and Rural Public Transportation Systems.--Not later than July 31, 2006, the Secretary of Homeland Security shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of-- (1) local bus-only public transportation systems; and (2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code. SEC. 4. SECURITY ASSISTANCE GRANTS. (a) Capital Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) tunnel protection systems; (B) perimeter protection systems; (C) redundant critical operations control systems; (D) chemical, biological, radiological, or explosive detection systems; (E) surveillance equipment; (F) communications equipment; (G) emergency response equipment; (H) fire suppression and decontamination equipment; (I) global positioning or automated vehicle locator type system equipment; (J) evacuation improvements; and (K) other capital security improvements. (b) Operational Security Assistance Program.-- (1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section 3(a)(4). (2) Allowable use of funds.--Grants awarded under paragraph (1) may be used for-- (A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel; (B) live or simulated drills; (C) public awareness campaigns for enhanced public transportation security; (D) canine patrols for chemical, biological, or explosives detection; (E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 3(a)(4); and (F) other appropriate security improvements identified under section 3(a)(4), excluding routine, ongoing personnel costs. (c) Congressional Notification.--Not later than 3 days before the award of any grant under this section, the Secretary of Homeland Security shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant. (d) Public Transportation Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall-- (1) identify a security coordinator to coordinate security improvements; (2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and (3) report annually to the Department of Homeland Security on the use of grant funds received under this section. (e) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States. SEC. 5. INTELLIGENCE SHARING. (a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States. (b) Information Sharing Analysis Center.-- (1) Establishment.--The Secretary of Homeland Security shall provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63, to protect critical infrastructure. (2) Public transportation agency participation.--The Secretary of Homeland Security-- (A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC; (B) shall encourage all other public transportation agencies to participate in the ISAC; and (C) shall not charge a fee to any public transportation agency for participating in the ISAC. SEC. 6. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS. (a) Grants Authorized.--The Secretary of Homeland Security, in consultation with the Federal Transit Administration, shall award grants to public or private entities to conduct research into, and demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. (b) Use of Funds.--Grants awarded under subsection (a) may be used to-- (1) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access; (2) research imaging technologies; (3) conduct product evaluations and testing; and (4) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks. (c) Reporting Requirement.--Each entity that receives a grant under this section shall report annually to the Department of Homeland Security on the use of grant funds received under this section. (d) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee shall return any amount so used to the Treasury of the United States. SEC. 7. REPORTING REQUIREMENTS. (a) Semi-Annual Report to Congress.-- (1) In general.--Not later than March 31 and September 30 of each year, the Secretary of Homeland Security shall submit a report, containing the information described in paragraph (2), to-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; (B) the Committee on Homeland Security and Governmental Affairs of the Senate; and (C) the Committee on Appropriations of the Senate. (2) Contents.--The report submitted under paragraph (1) shall include-- (A) a description of the implementation of the provisions of sections 3 through 6; (B) the amount of funds appropriated to carry out the provisions of each of sections 3 through 6 that have not been expended or obligated; and (C) the state of public transportation security in the United States. (b) Annual Report to Governors.-- (1) In general.--Not later than March 31 of each year, the Secretary of Homeland Security shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this Act. (2) Contents.--The report submitted under paragraph (1) shall specify-- (A) the amount of grant funds distributed to each such public transportation agency; and (B) the use of such grant funds. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) Capital Security Assistance Program.--There are authorized to be appropriated $2,370,000,000 for fiscal year 2007 to carry out the provisions of section 4(a), which shall remain available until expended. (b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 4(b)-- (1) $534,000,000 for fiscal year 2007; (2) $333,000,000 for fiscal year 2008; and (3) $133,000,000 for fiscal year 2009. (c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 5. (d) Research.--There are authorized to be appropriated $130,000,000 for fiscal year 2007 to carry out the provisions of section 6, which shall remain available until expended. SEC. 9. SUNSET PROVISION. The authority to make grants under this Act shall expire on October 1, 2009. | Public Transportation Terrorism Prevention Act of 2005 - (Sec. 3) Directs the Federal Transit Administration of the Department of Transportation to submit all public transportation security assessments and all other relevant information to the Secretary of Homeland Security (Secretary). Directs the Secretary to review, augment, and use them as the basis for allocating funds under security assistance grants, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or significant factors. Directs the Secretary to: (1) update such security assessments; (2) conduct them for all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) use them and other relevant information to establish the process for developing public transportation security guidelines and designing a security improvement strategy; and (4) conduct assessments to determine the specific needs of local bus-only public transportation systems and selected public transportation systems that receive formula grants for non-urbanized areas. (Sec. 4) Directs the Secretary to award grants directly to public transportation agencies for allowable capital and operational security improvements based on establlished priorities. Requires each public transportation agency that receives a grant to: (1) identify a security improvements coordinator; and (2) develop a comprehensive plan for the agency's capacity for operating and maintaining the equipment purchased under this Act. (Sec. 5) Directs the Secretary to: (1) ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States; and (2) provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (ISAC) established to protect critical infrastructure. Directs the Secretary to: (1) require public transportation agencies at significant risk of terrorist attack to participate in ISAC; and (2) encourage all other public transportation agencies to participate in ISAC. Prohibits the Secretary from charging a fee to any public transportation agency for such participation. (Sec. 6) Directs the Secretary to award grants to public or private entities to conduct research into, and demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems. Requires the return of misspent grant funds to the Treasury. (Sec. 8) Authorizes appropriations for: (1) the capital security assistance program and for research for FY2007; (2) the operational security assistance program for FY2007-FY2009; and (3) intelligence sharing, including ISAC (without fiscal year limit). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerating Individuals into the Workforce Act''. SEC. 2. DEMONSTRATION PROJECTS TO SUPPORT SUBSIDIZED EMPLOYMENT FOR TANF RECIPIENTS. Section 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following: ``(c) Subsidized Employment Demonstration Projects.-- ``(1) In general.--The Secretary shall make grants to States to conduct demonstration projects designed to implement and evaluate strategies that provide wage subsidies to enable low-income individuals to enter into and retain employment. ``(2) Application requirements.--The Secretary shall require each State that applies for a grant under this subsection to do the following: ``(A) Describe how wage subsidies will be provided (such as whether paid directly to the employer or the individual), the duration of the subsidies, the amount of the subsidies, the structure of the subsidies, and how employers will be recruited to participate in the subsidized employment program. ``(B) Describe how the State expects those participating in subsidized employment to be able to retain employment after the subsidy ends. ``(C) Describe how the State will coordinate subsidized employment funded under this subsection with other efforts to help low-income individuals enter work as conducted by the State. ``(3) Use of funds.-- ``(A) In general.--A State to which a grant is made under this subsection may use the grant to subsidize the wages of an eligible recipient for a period not exceeding 12 months, and only to the extent that the total of the funds paid under this project and any other Federal funds so used with respect to the recipient does not exceed 50 percent of the amount of the wages received by the recipient during the period. ``(B) Eligible recipient.--For purposes of subparagraph (A), an eligible recipient is-- ``(i)(I) a recipient of assistance under the State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)); or ``(II) a noncustodial parent of a minor child who is receiving assistance referred to in subclause (I); ``(ii) who, at the time the subsidy begins, is unemployed; and ``(iii) whose income, at that time, is less than 200 percent of the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 9902(2))). ``(4) Limitations.-- ``(A) Nondisplacement.--A State to which a grant is made under this subsection shall ensure that no participant in a subsidized job program funded in whole or in part under this subsection is employed or assigned to a job under the program-- ``(i) when any other individual is on layoff from the same or any substantially equivalent job; or ``(ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult described in paragraph (1). ``(B) Grievance procedure.--A State with a program funded under this subsection shall establish and maintain a grievance procedure for resolving complaints of alleged violations of subparagraph (A). ``(C) No preemption.--Nothing in this paragraph shall preempt or supersede any provision of State or local law that provides greater protection for employees from displacement. ``(5) Reports.--As a condition of receiving funds under this subsection for a fiscal year, a State shall submit to the Secretary, within 6 months after the end of the fiscal year, a report that-- ``(A) specifies, for each month of the fiscal year, the number of individuals whose employment is subsidized with these funds; ``(B) describes the structure of the State activities to use the funds to subsidize employment, including the amount and duration of the subsidies provided; ``(C) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the 2nd quarter after the subsidy ended; ``(D) specifies the percentage of eligible recipients who received a subsidy who are in unsubsidized employment during the 4th quarter after the subsidy ended; and ``(E) specifies the median earnings of eligible recipients who received a subsidy who are in unsubsidized employment during the 2nd quarter after the subsidy ended. ``(6) Evaluation.--The Secretary, in consultation with each State conducting a demonstration project, shall conduct a high- quality evaluation of the demonstration project, and may reserve funds made available under this subsection to conduct the evaluation in accordance with the following: ``(A) Evaluator qualifications.--The Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well- implemented randomized controlled trials. ``(B) Methodologies to be used.--The evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence- based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible. ``(C) Public disclosure.--The Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public. ``(7) Recommendations to congress.--The Secretary shall submit recommendations to the Congress on how to increase the employment, retention, and advancement of individuals currently or formerly receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)). ``(8) Funding.--Of the amounts made available to carry out subsection (b) for fiscal year 2017, the Secretary shall reserve $100,000,000 to carry out this subsection. ``(9) Use of certain funds for career pathways programs.-- The Secretary shall use 15 percent of the amounts reserved to carry out this subsection, to fund programs that offer career pathway (as defined in section 3(7) of the Workforce Innovation and Opportunity Act) services. ``(10) Availability of funds.--Funds provided to a State under this subsection in a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year.''. SEC. 3. EFFECTIVE DATE. The amendment made by this Act shall take effect on October 1, 2016. | Accelerating Individuals into the Workforce Act (Sec. 2) This bill amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to direct the Department of Health and Human Services (HHS) to make grants to states to conduct demonstration projects designed to implement and evaluate strategies that provide wage subsidies to enable low-income individuals to enter into and retain employment. A state may use a grant to subsidize a recipient's wages for only 12 months and for no more than 50% of the wages received. An eligible recipient of such a subsidy may be either a TANF recipient or a noncustodial parent of a minor child receiving TANF assistance, but must also be unemployed and have an income less than 200% of the poverty line. A state must ensure that a subsidy recipient does not displace an individual on layoff or an employee whose employment has been terminated to make a vacancy for the subsidy recipient. A state must also establish a grievance procedure for resolving complaints of alleged violations of this nondisplacement requirement. HHS shall reserve specified funds for FY2017 to carry out this program, 15% of which must fund programs offering career pathway training services under the Workforce Innovation and Opportunity Act. (Career pathways programs combine education, training, and other services aligned with the skill needs of industries in the economy of the state or regional economy involved in order to help an individual enter or advance within a specific occupation or occupational cluster.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gateway Communities Cooperation Act''. SEC. 2. IMPROVED RELATIONSHIP BETWEEN FEDERAL LAND MANAGERS AND GATEWAY COMMUNITIES TO SUPPORT COMPATIBLE LAND MANAGEMENT OF BOTH FEDERAL AND ADJACENT LANDS. (a) Findings.--Congress finds the following: (1) Many communities that abut or are near Federal lands, including units of the National Park System, units of the National Wildlife Refuge System, units of the National Forest System, and lands administered by the Bureau of Land Management, are vitally impacted by the management and public use of these Federal lands. (2) Some of these communities, commonly known as gateway communities, fulfill an integral part in the mission of the Federal lands by providing necessary services, such as schools, roads, search and rescue, emergency service, medical support, logistical support, living quarters, and drinking water and sanitary systems for visitors to the Federal lands and employees of Federal land management agencies. (3) Provision of these vital services by gateway communities is an essential ingredient for a meaningful and enjoyable experience by visitors to the Federal lands because Federal land management agencies are unable to provide, or are prevented from providing, these services. (4) Many gateway communities serve as an entry point for persons who visit the Federal lands and are ideal for establishment of visitor services, including lodging, food service, fuel, auto repairs, emergency services, and visitor information. (5) Development in some gateway communities may impact the management and protection of these Federal lands. (6) The planning and management decisions of Federal land managers can have unintended consequences for gateway communities and the Federal lands when the decisions are not adequately communicated to, or coordinated with, the elected officials and residents of gateway communities. (7) Experts in land management planning are available to Federal land managers, but persons with technical planning skills are often not readily available to gateway communities, particularly small gateway communities. (8) Gateway communities are often affected by the policies and actions of several Federal land management agencies and the communities and the agencies would benefit from greater interagency coordination of those policies and actions. (9) Persuading gateway communities to make decisions and undertake actions in their communities that would also be in the best interest of the Federal lands is most likely to occur when such decisionmaking and actions are built upon a foundation of cooperation and coordination. (b) Purpose.--The purpose of this section is to require Federal land managers to communicate, coordinate, and cooperate with gateway communities in order to-- (1) improve the relationships among Federal land managers, elected officials, and residents of gateway communities; (2) enhance the facilities and services in gateway communities available to visitors to Federal lands when compatible with the management of these lands, including the availability of historical and cultural resources; and (3) result in better local land use planning in gateway communities and decisions by the relevant Secretary. (c) Definitions.--For the purpose of this section, the following definitions apply: (1) Gateway community.--The term ``gateway community'' means a county, city, town, village, or other subdivision of a State, a federally recognized Indian tribe, or Alaska Native village, that-- (A) is incorporated or recognized in a county or regional land use plan or within tribal jurisdictional boundaries; and (B) the relevant Secretary (or the head of the tourism office for the State) determines is significantly affected economically, socially, or environmentally by planning and management decisions regarding Federal lands administered by the relevant Secretary. (2) Relevant secretary--The term ``relevant Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate. (d) Participation in Federal Planning and Land Use.-- (1) Participation in planning.--At the earliest possible time, the relevant Secretary shall solicit the involvement of elected and appointed officials of governments of gateway communities in the development of land use plans, programs, land use regulations, land use decisions, transportation plans, general management plans, and any other plans, decisions, projects, or policies for Federal lands under the jurisdiction of these Federal agencies that are likely to have a significant impact on these gateway communities. (2) Information provided.--To facilitate such involvement, the relevant Secretary shall provide the appropriate officials, at the earliest possible time but not later than the scoping process, with the following: (A) A summary, in nontechnical language, of the assumptions, purposes, goals, and objectives of the a plan, decision, project, or policy. (B) A description of any anticipated significant impact of the plan, decision, project, or policy on gateway communities. (C) Information regarding the technical assistance and training available to the gateway community. (3) Training sessions.--At the request of a gateway community, the relevant Secretary shall offer training sessions for elected and appointed officials of gateway communities at which such officials can obtain a better understanding of-- (A) the agency planning processes; and (B) the methods by which they can participate most meaningfully in the development of the agency plans, decisions, and policies referred to in paragraph (1). (4) Technical assistance.--At the request of a gateway community, the relevant Secretary shall make available personnel, on a temporary basis, to assist gateway communities in development of mutually compatible land use or management plans. (5) Coordination of land use.--The relevant Secretary may enter into cooperative agreements with gateway communities to coordinate the management of-- (A) the land use inventory, planning, and management activities for the Federal lands administered by the relevant Secretary; and (B) the land use planning and management activities of other Federal agencies, agencies of the State in which the Federal lands are located, and local and tribal governments in the vicinity of the Federal lands. (6) Interagency cooperation and coordination.--To the extent practicable, when the plans and activities of 2 or more Federal agencies are anticipated to have a significant impact on a gateway community, the Federal agencies involved shall consolidate and coordinate their plans and planning processes to facilitate the participation of affected gateway communities in the planning processes. (7) Treatment as cooperating agencies.--To the earliest extent practicable, but not later than the scoping process, when a proposed action is determined to require an environmental impact statement, the relevant Secretary shall allow any affected gateway communities the opportunity to be recognized as cooperating agencies under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (e) Grants to Small Gateway Communities.-- (1) In general.--The relevant Secretary may make grants to any gateway community with a population of 10,000 or less to carry out the purposes of this section. (2) Authorization of appropriations for grantmaking.-- There are hereby authorized to be appropriated $10,000,000 for each fiscal year for grants under this subsection. (f) Authorization of Appropriations.--There are hereby authorized to be appropriated to carry out this Act (other than for grants under subsection (e)), $10,000,000 for each fiscal year. Passed the House of Representatives July 19, 2004. Attest: JEFF TRANDAHL, Clerk. | Gateway Communities Cooperation Act - Directs the Secretary of the Interior or the Secretary of Agriculture (the relevant Secretary) to: (1) solicit involvement by government officials of local gateway communities (communities, including recognized Indian tribes or Alaska Native villages, that abut or are near public lands) in the development of land use plans, programs, regulations, and decisions, transportation plans, general management plans, and any other public land plans, decisions, projects, or policies for public lands under the jurisdiction of the National Park Service, the United States Forest Service, the U.S. Fish and Wildlife Service, and the Bureau of Land Management which are likely to have a significant impact; (2) facilitate such involvement, provide the appropriate officials with a summary of the assumptions, purposes, goals, and objectives of a plan, decision, project, or policy, a description of any anticipated significant impact, and information regarding the technical assistance and training available; (3) at the request of a gateway community, offer training sessions for officials for understanding and participating in agency planning processes and the methods by which they can most meaningfully participate in the development of agency plans, decisions, and policies; and (4) at the request of a gateway community, make available personnel, on a temporary basis, to assist gateway communities in the development of mutually compatible land use or management plans. Authorizes the relevant Secretary to enter into cooperative agreements with gateway communities to coordinate the management of: (1) the land use inventory, planning, and management activities administered by such Secretary; and (2) the land use planning and management activities of other Federal agencies, agencies of the State in which the public lands are located, and local and tribal governments in the vicinity of such lands. Requires, when the plans of two or more Federal agencies are anticipated to have an impact on a gateway community, the consolidation and coordination of the agencies' plans and planning processes in order to facilitate the participation of affected gateway communities. Directs the relevant Secretary to allow any affected gateway communities the opportunity to be recognized as cooperating agencies under the National Environmental Policy Act of 1969 when a proposed action is determined to require an environmental impact statement. Allows the relevant Secretary to make grants to any gateway community with a population of 10,000 or less to carry out the purposes of this Act. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Protection Not Troll Protection Act''. SEC. 2. UNFAIR PRACTICES IN IMPORT TRADE. (a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended as follows: (1) Subsection (a) is amended-- (A) in paragraph (3)-- (i) by striking ``or'' at the end of subparagraph (B); (ii) in subparagraph (C), by striking ``engineering, research and development, or licensing.'' and inserting ``engineering and research and development; or''; and (iii) by adding after subparagraph (C) the following: ``(D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design.''; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) and following: ``(4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.''. (2) Subsection (b) is amended by adding at the end the following: ``(4)(A) Whenever a complaint relies, in whole or in part, on activity falling under subparagraph (C) or (D) of subsection (a)(3) in order to meet the legal standard set forth in subsection (a)(3), the Commission may not initiate an investigation until the Commission has first conducted a preliminary investigation of whether it is likely that an industry in the United States exists or is in the process of being established within the meaning of subsection (a)(2). ``(B) In the preliminary investigation under subparagraph (A), the complainant's case shall be limited to the assertions and evidence set forth in the complaint, and confidential business information contained in the complaint that may be disclosed under protective order, and the Commission shall accept additional facts, evidence, and argument from named respondents and the public. ``(C) The Commission shall render its determination in the preliminary investigation under this paragraph not later than 45 days after the filing of the complaint. If the Commission finds that it is not likely that an industry in the United States exists or is in the process of being established, the Commission may not initiate an investigation of the matter alleged in the complaint.''. (3) Subsection (c) is amended-- (A) by striking the first sentence and inserting the following: ``The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission-- ``(A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or ``(B)(i) may determine during the course of the investigation that the articles under investigation should not be excluded from entry based upon consideration of the public interest, including the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles; and ``(ii) upon a finding under clause (i) that the articles should not be excluded, shall terminate the investigation, in whole or in part, without making any further determination.''; (B) in the second sentence, by striking ``Each determination'' and inserting the following: ``(2) Each determination''; and (C) in the third sentence, by striking ``equitable defenses'' and inserting ``equitable defenses, including equitable defenses and principles applied to any remedy considered in United States district courts,''. (4) Subsection (d)(1) is amended-- (A) by striking ``considering the effect of such exclusion upon the public health and welfare,'' and inserting ``considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare,''; and (B) by striking ``and United States consumers,'' and inserting ``United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles,''. (5) Subsection (e)(1) is amended-- (A) by striking ``considering the effect of such exclusion upon the public health and welfare,'' and inserting ``considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare,''; and (B) by striking ``and United States consumers,'' and inserting ``United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles,''. (6) Subsection (f)(1) is amended-- (A) by striking ``considering the effect of such exclusion upon the public health and welfare,'' and inserting ``considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare,''; and (B) by striking ``and United States consumers,'' and inserting ``United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles,''. (7) Subsection (g)(1) is amended, in the matter following subparagraph (E)-- (A) by striking ``considering the effect of such exclusion upon the public health and welfare,'' and inserting ``considering equitable defenses and principles and the effect of such exclusion upon the public interest, including the public health and welfare,''; and (B) by striking ``and United States consumers,'' and inserting ``United States consumers, whether protected articles in the United States will be protected by an exclusion order, and whether the complainant or its licensees can meet market demand for protected articles,''. (b) Effective Date.--The amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act. | Trade Protection Not Troll Protection Act - Amends the Tariff Act of 1930 to revise certain legal standards used to consider whether a domestic industry exists or is in the process of being established with respect to foreign countries that unlawfully import articles into the United States in violation of U.S. infringement laws. Considers an industry to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design of protected articles. Prohibits a complainant alleging a violation from relying upon activities by its licensees unless the license leads to such adoption and development. Prescribes requirements with respect to U.S. International Trade Commission investigations of alleged violations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hepatitis C Epidemic Control and Prevention Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Over 3,000,000 individuals in the United States are chronically infected with the hepatitis C virus (referred to in this section as ``HCV''), making it the Nation's most common blood-borne viral infection. (2) Nearly 2 percent of the population of the United States has been infected with HCV. (3) Conservative estimates indicate that approximately 35,000 Americans are newly infected with HCV each year. (4) HCV infection can cause life-threatening liver disease. (5) Individuals infected with HCV serve as a source of transmission to others and, since few individuals are aware they are infected, are unlikely to take precautions to prevent the spread or exacerbation of their infection. (6) There is no vaccine available to prevent HCV infection. (7) Treatments are available to slow the progression of chronic HCV. (8) An estimated 2,400,000 to 2,700,000 people who are chronically infected with HCV are receiving no treatment. (9) Conservative estimates place the costs of lost productivity and medical care arising from chronic HCV in the United States at more than $600,000,000 annually, and such costs will undoubtedly increase in the absence of expanded prevention and treatment efforts. (10) To combat the HCV epidemic in the United States, the Centers for Disease Control and Prevention developed Recommendations for Prevention and Control of Hepatitis C Virus (HCV) Infection and HCV-Related Chronic Disease in 1998 and the National Hepatitis C Prevention Strategy in 2001, and the National Institutes of Health convened Consensus Development Conferences on the Management of Hepatitis C in 1997 and 2002. These recommendations and guidelines provide a framework for HCV prevention, control, research, and medical management referral programs. (11) Federal support is necessary to increase knowledge and awareness of HCV and to assist State and local prevention and control efforts. SEC. 3. PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by adding at the end the following: ``PART R--PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C ``SEC. 399AA. FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) In General.--The Secretary shall develop and implement a plan for the prevention, control, and medical management of hepatitis C (referred to in this part as `HCV') which includes strategies for education and training, surveillance and early detection, and research. ``(b) Input in Development of Plan.--In developing the plan under subsection (a), the Secretary shall-- ``(1) be guided by existing recommendations of the Centers for Disease Control and Prevention and the National Institutes of Health; and ``(2) consult with-- ``(A) the Director of the Centers for Disease Control and Prevention; ``(B) the Director of the National Institutes of Health; ``(C) the Director of the Health Resources and Services Administration; ``(D) the heads of other Federal agencies or offices providing services to individuals with HCV infections or the functions of which otherwise involve HCV; ``(E) medical advisory bodies that address issues related to HCV; and ``(F) the public, including-- ``(i) individuals infected with HCV; and ``(ii) advocates concerned with issues related to HCV. ``(c) Biennial Update of Plan.-- ``(1) In general.--The Secretary shall conduct a biennial assessment of the plan developed under subsection (a) for the purpose of incorporating into such plan new knowledge or observations relating to HCV and chronic HCV (such as knowledge and observations that may be derived from clinical, laboratory, and epidemiological research and disease detection, prevention, and surveillance outcomes) and addressing gaps in the coverage or effectiveness of the plan. ``(2) Publication of notice of assessments.--Not later than October 1 of the first even-numbered year beginning after the date of enactment of this part, and October 1 of each even- numbered year thereafter, the Secretary shall publish in the Federal Register a notice of the results of the assessments conducted under paragraph (1). Such notice shall include-- ``(A) a description of any revisions to the plan developed under subsection (a) as a result of the assessment; ``(B) an explanation of the basis for any such revisions, including the ways in which such revisions can reasonably be expected to further promote the original goals and objectives of the plan; and ``(C) in the case of a determination by the Secretary that the plan does not need revision, an explanation of the basis for such determination. ``SEC. 399BB. ELEMENTS OF THE FEDERAL PLAN FOR THE PREVENTION, CONTROL, AND MEDICAL MANAGEMENT OF HEPATITIS C. ``(a) Education and Training.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall implement programs to increase awareness and enhance knowledge and understanding of HCV. Such programs shall include-- ``(1) the conduct of health education, public awareness campaigns, and community outreach activities to promote public awareness and knowledge about risk factors, the transmission and prevention of infection with HCV, the value of screening for the early detection of HCV infection, and options available for the treatment of chronic HCV; ``(2) the training of health care professionals regarding the prevention, detection, and medical management of hepatitis B (referred to in this part as `HBV') and HCV, and the importance of vaccinating HCV-infected individuals and those at risk for HCV infection against the hepatitis A virus and hepatitis B virus; and ``(3) the development and distribution of curricula (including information relating to the special needs of individuals infected with HBV or HCV, such as the importance of early intervention and treatment and the recognition of psychosocial needs) for individuals providing hepatitis counseling, as well as support for the implementation of such curricula by State and local public health agencies. ``(b) Early Detection and Surveillance.-- ``(1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall support activities described in paragraph (2) to promote the early detection of HCV infection, identify risk factors for infection, and conduct surveillance of HCV infection trends. ``(2) Activities.-- ``(A) Voluntary testing programs.-- ``(i) In general.--The Secretary shall support and promote the development of State, local, and tribal voluntary HCV testing programs to aid in the early identification of infected individuals. ``(ii) Confidentiality of test results.-- The results of an HCV test conducted by a testing program developed or supported under this subparagraph shall be considered protected health information (in a manner consistent with regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996) and may not be used for any of the following: ``(I) Issues relating to health insurance. ``(II) To screen or determine suitability for employment. ``(III) To discharge a person from employment. ``(B) Counseling regarding viral hepatitis.--The Secretary shall support State, local, and tribal programs in a wide variety of settings, including those providing primary and specialty health care services in the private and the public sectors, to-- ``(i) provide individuals with information about ongoing risk factors for HCV infection with client-centered education and counseling which concentrates on changing behaviors that place them at risk for infection; and ``(ii) provide individuals infected with HCV with education and counseling to reduce the risk of harm to themselves and transmission of the virus to others. ``(C) Vaccination against viral hepatitis.--With respect to individuals infected, or at risk for infection, with HCV, the Secretary shall provide for-- ``(i) the vaccination of such individuals against hepatitis A virus, HBV, and other infectious diseases, as appropriate, for which such individuals may be at increased risk; and ``(ii) the counseling of such individuals regarding hepatitis A, hepatitis B, and other viral hepatides. ``(D) Medical referral.--The Secretary shall support-- ``(i) referral of persons infected with or at risk for HCV, for drug or alcohol abuse treatment where appropriate; and ``(ii) referral of persons infected with HCV-- ``(I) for medical evaluation to determine their stage of chronic HCV and suitability for antiviral treatment; and ``(II) for ongoing medical management of HCV. ``(3) Hepatitis c coordinators.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, upon request, provide a Hepatitis C Coordinator to a State health department in order to enhance the additional management, networking, and technical expertise needed to ensure successful integration of HCV prevention and control activities into existing public health programs. ``(c) Surveillance and Epidemiology.-- ``(1) In general.--The Secretary shall promote and support the establishment and maintenance of State HCV surveillance databases, in order to-- ``(A) identify risk factors for HCV infection; ``(B) identify trends in the incidence of acute and chronic HCV; ``(C) identify trends in the prevalence of HCV infection among groups that may be disproportionately affected by HCV, including individuals living with HIV, military veterans, emergency first responders, racial or ethnic minorities, and individuals who engage in high risk behaviors, such as intravenous drug use; and ``(D) assess and improve HCV infection prevention programs. ``(2) Seroprevalence studies.--The Secretary shall conduct a population-based seroprevalence study to estimate the current and future impact of HCV. Such studies shall consider the economic and clinical impacts of HCV, as well as the impact of HCV on quality of life. ``(3) Confidentiality.--Information contained in the databases under paragraph (1) or derived through studies under paragraph (2) shall be de-identified in a manner consistent with regulations under section 264(c) of the Health Insurance Portability and Accountability Act of 1996. ``(d) Research Network.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention and the Director of the National Institutes of Health, shall-- ``(1) conduct epidemiologic research to identify best practices for HCV prevention; ``(2) establish and support a Hepatitis C Clinical Research Network for the purpose of conducting research related to the treatment and medical management of HCV; and ``(3) conduct basic research to identify new approaches to prevention (such as vaccines) and treatment for HCV. ``(e) Referral for Medical Management of Chronic Hepatitis C.--The Secretary shall support and promote State, local, and tribal programs to provide HCV-positive individuals with referral for medical evaluation and management, including currently recommended antiviral therapy when appropriate. ``(f) Underserved and Disproportionately Affected Populations.--In carrying out this section, the Secretary shall provide expanded support for individuals with limited access to health education, testing, and health care services and groups that may be disproportionately affected by HCV. ``(g) Evaluation of Program.--The Secretary shall develop benchmarks for evaluating the effectiveness of the programs and activities conducted under this section and make determinations as to whether such benchmarks have been achieved. ``SEC. 399CC. GRANTS. ``(a) In General.--The Secretary may award grants to, or enter into contracts or cooperative agreements with, States, political subdivisions of States, Indian tribes, or nonprofit entities that have special expertise relating to HCV, to carry out activities under this part. ``(b) Application.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), an entity shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. ``SEC. 399DD. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part $90,000,000 for fiscal year 2004, and such sums as may be necessary for each of fiscal years 2005 through 2008.''. SEC. 4. LIVER DISEASE RESEARCH ADVISORY BOARD. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 409J. LIVER DISEASE RESEARCH ADVISORY BOARD. ``(a) Establishment.--Not later than 90 days after the date of enactment of this section, the Director of the National Institutes of Health shall establish a board to be known as the Liver Disease Research Advisory Board (referred to in this section as the `Advisory Board'). ``(b) Duties.--The Advisory Board shall advise and assist the Director of the National Institutes of Health concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan. ``(c) Voting Members.--The Advisory Board shall be composed of 18 voting members to be appointed by the Director of the National Institutes of Health, in consultation with the Director of the National Institute of Diabetes and Digestive and Kidney Diseases, of whom 12 such individuals shall be eminent scientists and 6 such individuals shall be lay persons. The Director of the National Institutes of Health, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(d) Ex Officio Members.--The Director of the National Institutes of Health shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of the National Institutes of Health shall invite 1 representative of the Centers for Disease Control and Prevention, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of this section, the Advisory Board shall develop (with appropriate support from the Director) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 2 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries.''. | Hepatitis C Epidemic Control and Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to develop and implement a plan for the prevention, control, and management of hepatitis C virus (HCV), which shall include strategies for education and training, surveillance and early detection, and research. Directs the Secretary to: (1) conduct a biennial plan assessment; (2) support voluntary State, local, and tribal HCV testing and counseling programs; (3) provide for the vaccination of HCV-infected individuals against hepatitis A and B and other infectious diseases; (4) support the establishment and maintenance of HCV surveillance databases; and (5) establish and support a Hepatitis C Clinical Research Network. Authorizes the Secretary to award grants to States, political subdivisions of States, Indian tribes, or nonprofit entities to carry out activities under this Act. Requires the Director of the National Institutes of Health to establish a Liver Disease Research Advisory Board. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``College Fire Prevention Act''. (b) Findings.--The Congress finds the following: (1) On November 9, 2003, an early morning fire at the University of Connecticut destroyed a fraternity. Five residents were in the building at the time of the fire. There were no working fire alarms in the building. (2) On September 26, 2003, a fraternity fire at the University of Wisconsin-Madison occurred in a secret room. The entrance to the room was made to look like a wall. Fire fighters were unable to locate the source of the fire despite an extensive search of the house. The fire was caused by a candle that ignited some fabric and then spread to a chair. There were no fire sprinklers present. (3) On February 22, 2003, a fatal off-campus house fire at Allegheny College in Meadville, Pennsylvania, occurred in a 3- story, wood frame house that had been converted into apartments. There were single-station, battery-operated smoke detectors in the apartments. There were no sprinklers. The victim, Raymond Tricomi, was 21. (4) On January 1, 2003, a fire at Pennsylvania State University displaced 11 Penn State students from their off- campus rooming house. Activated smoke detectors awakened 2 occupants who were able to escape the building. The other occupants were away for the holiday break. Fire loss was estimated at $40,000 damage, and the cause of the fire is under investigation. The building was not equipped with an automatic fire sprinkler system. (5) On April 7, 2002, an early morning fire at DePauw University in Greencastle, Indiana, caused over $1,000,000 in damage. The fire, which started from an electrical appliance in a fourth floor room, forced the evacuation of 116 students from the building and more than 200 students from adjacent buildings. The building was not equipped with an automatic fire sprinkler system. (6) On February 16, 2002, a halogen lamp at Amherst College in Amherst, Massachusetts, started a fire in a residence that had been converted into student housing. According to fire officials, the fire started in a second-floor room that was unoccupied at the time of the fire. A halogen lamp fell over and ignited combustibles in the area. The building's fire alarm system was activated, and an occupant from another room discovered the fire. He unsuccessfully attempted to extinguish the fire using a dry chemical fire extinguisher. Smoke and heat damage were limited to the room of origin. Halogen lamps are banned by Amherst College. The building is unsprinklered, equipped with single-station smoke detectors in the individual rooms and a building fire alarm system. (7) On January 19, 2000, a fire occurred at a Seton Hall University dormitory. Three male freshmen, all 18 years of age, died. Fifty-four students, 2 South Orange firefighters, and 2 South Orange police officers were injured. The dormitory was a 6-story, 350-room structure built in 1952, that housed approximately 600 students. It was equipped with smoke alarms but no fire sprinkler system. (8) On Mother's Day in 1996 in Chapel Hill, North Carolina, a fire in the Phi Gamma Delta Fraternity House killed 5 college juniors and injured 3. The 3-story plus basement fraternity house was 70 years old. The National Fire Protection Association identified several factors that contributed to the tragic fire, including the lack of fire sprinkler protection. (9) It is estimated that between 1980 and 1998, an average of 1,800 fires at dormitories, fraternities, and sororities, involving 1 death, 70 injuries, and $8,000,000 in property damage were reported to public fire departments. (10) Within dormitories, fraternities, and sororities the leading cause of fires is arson or suspected arson. The second leading cause of college building fires is cooking. The third leading cause is smoking. (11) New dormitories are generally required to have advanced safety systems such as fire sprinklers. But such requirements are rarely imposed retroactively on existing buildings. (12) In 1998, 93 percent of the campus building fires reported to fire departments occurred in buildings where there were smoke alarms present. However, only 34 percent had fire sprinklers present. SEC. 2. ESTABLISHMENT OF FIRE SUPPRESSION DEMONSTRATION INCENTIVE PROGRAM. (a) Grants.--The Secretary of Education (in this Act referred to as the ``Secretary''), in consultation with the United States Fire Administration, shall establish a demonstration program to award grants on a competitive basis to eligible entities for the purpose of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. (b) Eligible Entity.--For purposes of this Act, the term ``eligible entity'' means any of the following: (1) An accredited public or private institution of higher education (as that term is defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)). (2) An accredited historically Black college or university (as that term is used in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)). (3) An accredited Hispanic-serving institution (as that term is defined in section 502 of the Higher Education Act of 1965 (20 U.S.C. 1101a)). (4) An accredited tribally controlled college or university (as that term is defined in section 2 of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801)). (5) A social fraternity or sorority exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 (26 U.S.C. 501(a)), the active membership of which consists primarily of students in attendance at an accredited institution of higher education. (c) Selection Priority.--In making grants under subsection (a), the Secretary shall give priority to eligible entities that demonstrate the greatest financial need. (d) Reservations.--Of the amount made available to the Secretary for grants under this section for each fiscal year, the Secretary shall award-- (1) not less than 10 percent to eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and tribally controlled colleges and universities; and (2) not less than 10 percent to eligible entities that are social fraternities and sororities. (e) Application.--To seek a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (f) Matching Requirement.--As a condition on receipt of a grant under subsection (a), the applicant shall provide (directly or through donations from public or private entities) non-Federal matching funds in an amount equal to not less than 50 percent of the cost of the activities for which assistance is sought. (g) Limitation on Administrative Expenses.--Not more than 10 percent of a grant made under subsection (a) may be expended for administrative expenses with respect to the grant. (h) Reports.--Not later than 12 months after the date of the first award of a grant under this section and annually thereafter until completion of the program, the Secretary shall provide to the Congress a report that includes the following: (1) The number and types of eligible entities receiving assistance under this section. (2) The amounts of such assistance, the amounts and sources of non-Federal funding leveraged for activities under grants under this section, and any other relevant financial information. (3) The number and types of student housing fitted with fire suppression or prevention technologies with assistance under this section, and the number of students protected by such technologies. (4) The types of fire suppression or prevention technologies installed with assistance under this section, and the costs of such technologies. (5) Identification of Federal and State policies that present impediments to the development and installation of fire suppression or prevention technologies. (6) Any other information determined by the Secretary to be useful to evaluating the overall effectiveness of the program established under this section in improving the fire safety of student housing. (i) Authorization of Appropriations.--There is authorized to be appropriated to carry out this Act $100,000,000 for each of the fiscal years 2006 through 2009. At the end of fiscal year 2009, all unobligated appropriations authorized under this subsection shall revert to the general fund of the Treasury. SEC. 3. ADMISSIBILITY AS EVIDENCE. (a) Prohibition.--Notwithstanding any other provision of law and subject to subsection (b), any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity. (b) Exception.--This section does not apply to the admission of an application, determination, or statement described in subsection (a) as evidence in a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under section 2. | College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Requires grant priority to be given eligible entities that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and tribally controlled colleges and universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Taiwan Security Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1949, the close relationship between the United States and Taiwan has been of enormous benefit to both societies. (2) In recent years, Taiwan has undergone a major political transformation, and Taiwan is today a true multiparty democracy with a political system separate from and totally unlike that of the People's Republic of China. (3) The economy of Taiwan is based upon free market principles and is separate and distinct from the People's Republic of China. (4) Although on January 1, 1979, the United States Government withdrew diplomatic recognition of the government on Taiwan as the legitimate government of China, neither at that time nor since has the United States Government adopted a formal position as to the ultimate status of Taiwan other than to state that status must be decided by peaceful means. Any determination of the ultimate status of Taiwan must have the express consent of the people on Taiwan. (5) The government on Taiwan no longer claims to be the sole legitimate government of all of China. (6) The Taiwan Relations Act (Public Law 96-8) states that-- (A) peace and stability in the Taiwan Strait area are in the political, security, and economic interests of the United States and are of international concern; (B) the decision of the United States to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; (C) the United States would consider any effort to determine the future of Taiwan by other than peaceful means, including boycotts or embargoes, a threat to the peace and security of the Western Pacific region and of grave concern to the United States; (D) the United States will maintain the capacity to resist any form of coercion that jeopardizes the security, or the social or the economic system, of the people on Taiwan; and (E) the preservation and enhancement of the human rights of all the people on Taiwan are objectives of the United States. (7) On the basis of these provisions, the Taiwan Relations Act establishes on the part of the United States a continuing connection with and concern for Taiwan, its people, and their ability to maintain themselves free of coercion and free of the use of force against them. The maintenance by Taiwan of forces adequate for defense and deterrence is in the interest of the United States in that it helps to maintain peace in the Taiwan Strait area. (8) Since 1954, when the United States and Taiwan signed the Mutual Defense Treaty, the United States and Taiwan have maintained a defense and security relationship that has contributed greatly to freedom, peace, and stability in Taiwan and the East Asia and Pacific regions. (9) The United States and Taiwan no longer conduct joint training missions, have no direct military lines of communication, and have only limited military-to-military contacts. This lack of communication and interoperation between the United States and Taiwan hinders planning for the defense of Taiwan and could prove detrimental in the event of future aggression against Taiwan. (10) Since 1979, the United States has continued to sell defensive weapons to Taiwan in accordance with the Taiwan Relations Act, and such sales have helped Taiwan maintain its autonomy and freedom in the face of persistent hostility from the People's Republic of China. However, pressures to delay, deny, and reduce arms sales to Taiwan have been prevalent since the signing of the August 17, 1982, communique with the People's Republic of China. Over time, such delays, denials, and reductions could prevent Taiwan from maintaining a sufficient capability for self- defense. (11) As has been affirmed on several occasions by the executive branch of Government, the provisions of the Taiwan Relations Act take legal precedence over any communique with the People's Republic of China. (12) The People's Republic of China has consistently refused to renounce the use of force against Taiwan and has repeatedly threatened force against Taiwan, including implied threats by unnamed People's Republic of China officials on January 10, 1999, who warned Taiwan not to participate in the development of theater missile defense capabilities with the United States. (13) The missile firings by the People's Republic of China near Taiwan in August 1995 and March 1996 clearly demonstrate the willingness of the People's Republic of China to use forceful tactics to limit the freedom of the people on Taiwan. (14) As most nations in East Asia reduce military spending, the People's Republic of China continues a major and comprehensive military buildup. (15) This military buildup includes the development of advanced ballistic and cruise missiles that will incorporate precision guidance capability and the construction of new imaging, radar, navigation, and electronic intelligence satellites that will help target and guide ballistic and cruise missiles. According to the Department of Defense report entitled ``The Security Situation in the Taiwan Strait'', submitted to Congress in February 1999, the size of the missile force of the People's Republic of China is expected to grow substantially and, by 2005, the People's Republic of China will possess an ``overwhelming advantage'' in offensive missiles vis-a-vis Taiwan. The Department of Defense has also noted that the People's Republic of China may already possess the capability to damage satellite optical sensors with lasers, is researching advanced anti-satellite lasers that could blind United States intelligence satellites, and is procuring radio frequency weapons that disable electronic equipment. These missile and anti-satellite capabilities pose a grave threat to Taiwan. (16) This military buildup also includes the construction or procurement from abroad of advanced naval systems, including Russian Kilo submarines that are difficult to detect, Russian technology to assist the development of new nuclear-powered attack submarines, Russian Sovremenny class destroyers armed with supersonic SS-N-22 Sunburn anti-ship missiles, a new long- range, all-weather naval attack aircraft called the JH-7, and new indigenous land-attack cruise missiles that could be launched from submarines, ships, and naval attack aircraft. These naval capabilities pose a grave threat of blockade to Taiwan. (17) This military buildup also includes the improvement of air combat capabilities by procuring and co-producing hundreds of Russian Sukhoi Su-27 fighters, seeking to purchase Russian Su-30 all-weather attack aircraft, arming these aircraft with advanced air-to-air missiles such as the Russian R-77 missile and other precision guided munitions, constructing the indigenously designed J-10 fighter, and seeking advanced airborne warning and control systems from abroad. These capabilities pose a grave airborne threat to Taiwan. (18) Because of the introduction of advanced submarines into the Taiwan Strait area by the People's Republic of China and the increasing capability of the People's Republic of China to blockade Taiwan, Taiwan needs to acquire diesel-powered submarines in order to maintain a capability to counter a blockade, to conduct antisubmarine warfare training, and for other purposes. (19) Because of the democratic form of government on Taiwan and the historically nonaggressive foreign policy of Taiwan, it is highly unlikely that Taiwan would use submarines in an offensive manner. (20) The current defense relationship between the United States and Taiwan is deficient in terms of its capacity over the long term to counter and deter potential aggression against Taiwan by the People's Republic of China. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Secretary of Defense and the Secretaries of the military departments should make every effort to reserve additional positions for Taiwan officers at the National Defense University, the senior war colleges, and the military academies; and (2) the Secretary of State should, when considering foreign military sales to Taiwan-- (A) take into account the special status of Taiwan; and (B) make every effort to ensure that Taiwan has full and timely access to price and availability data for defense articles and defense services. SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN. (a) Increase in Technical Staff of the American Institute in Taiwan.--Upon the request of the Defense Security Cooperation Agency, the President shall use funds available to the Department of Defense under the Arms Export Control Act for the assignment or detail of additional technical staff to the American Institute in Taiwan. (b) Annual Reports.--Beginning 60 days after the next round of arms talks between the United States and Taiwan, and annually thereafter, the President shall submit a report to Congress-- (1) detailing each of Taiwan's requests for purchase of defense articles and defense services during the one-year period ending on the date of the report; (2) describing the defense needs asserted by Taiwan as justification for those requests; and (3) describing any decision to reject, postpone, or modify any such request that was made during the one-year period ending on the date of the report, the level at which the final decision was made, and a justification for the decision. SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN. (a) Maintenance of Sufficient Self-Defense Capabilities of Taiwan.--Congress finds that any determination of the nature or quantity of defense articles or defense services to be made available to Taiwan that is made on any basis other than the defense needs of Taiwan, whether pursuant to the August 17, 1982, Communique signed with the People's Republic of China, or any similar executive agreement, order, or policy would violate the intent of Congress in the enactment of section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)). (b) Plan.-- (1) In general.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan for the enhancement of programs and arrangements for operational training and exchanges of personnel between the armed forces of the United States and Taiwan for work in threat analysis, doctrine, force planning, operational methods, and other areas. The plan shall provide for exchanges of officers up to and including general and flag officers in the grade of O-10. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to Congress, in classified or unclassified form, containing the plan required under paragraph (1). (3) Implementation.--Not later than 30 days after the date on which the report described in paragraph (2) is submitted or required to be submitted, the Secretary of Defense shall implement the plan contained in the report. (c) Communications Between United States and Taiwan Military Commands.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish secure direct communications between the United States Pacific military command and the Taiwan military command. (d) Missile Defense Equipment.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, theater missile defense equipment and related items, including-- (1) ground-based and naval-based missile defense systems; and (2) reconnaissance and communications systems, as may be necessary to target and cue missile defense systems sold to Taiwan. (e) Satellite Early Warning Data.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, satellite early warning data. (f) Air Defense Equipment.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, modern air-defense equipment, including the following: (1) AIM-120 AMRAAM air-to-air missiles. (2) Additional advanced fighters and airborne warning and control systems (AWACS). (3) Equipment to better defend airfields from air and missile attack. (4) Communications infrastructure that enables coordinated joint-force air defense of Taiwan. (g) Naval Defense Systems.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, defensive systems that counter the development by the People's Republic of China of new naval capabilities, including defense systems such as-- (1) diesel-powered submarines; (2) anti-submarine systems, including airborne systems, capable of detecting new Kilo and advanced Chinese nuclear submarines; (3) naval anti-missile systems, including Aegis destroyers, capable of defeating Russian supersonic anti-ship missiles; and (4) communications systems that better enable Taiwan to conduct joint-force naval defense operations. (h) Relation to Arms Export Control Act.--Nothing in this section supersedes or modifies the application of section 36 of the Arms Export Control Act to the sale of any defense article or defense service under this section. | Expresses the sense of Congress that the Secretary of State should, when considering foreign military sales to Taiwan, take into account Taiwan's special status and make every effort to ensure it has full and timely access to price and availability data for defense articles and defense services. Directs the President, upon the request of the Defense Security Cooperation Agency, to use Department of Defense funds for the assignment of additional technical staff to the American Institute in Taiwan. Directs the President to report annually to Congress with respect to Taiwan's defense needs. Directs the Secretary of Defense to develop a plan for the enhancement of programs for operational training and exchanges of personnel between U.S. armed forces and Taiwanese armed forces for work in threat analysis, doctrine, force planning, operational methods, and other areas. Directs the Secretary of Defense to establish secure direct communications between the U.S. Pacific military command and the Taiwan military command. Authorizes the President, subject to the Arms Export Control Act, to make available for sale to Taiwan, at reasonable cost, theater missile defense equipment and related items, satellite early warning data, modern air-defense equipment, and naval defense systems. |
SECTION 1. FINDINGS. Congress finds that-- (1) Dr. Dorothy Irene Height was born on March 24, 1912, to James Edward Height and Fannie (Borroughs) Height in Richmond, Virginia, and was raised in Rankin, Pennsylvania; (2) Dr. Height is recognized as one of the preeminent social and civil rights activists of her time, particularly in the struggle for equality, social justice, and human rights for all peoples; (3) beginning as a civil rights advocate in the 1930s, she soon gained prominence through her tireless efforts to promote interracial schooling, to register and educate voters, and to increase the visibility and status of women in our society; (4) Dr. Height has labored to provide hope for inner-city children and their families, and she is responsible for many of the advances made by women and African Americans over the course of the last century; (5) her public career spans over 65 years; (6) Dr. Height was a valued consultant on human and civil rights issues to First Lady Eleanor Roosevelt and she encouraged President Eisenhower to desegregate the Nation's schools and President Johnson to appoint African-American women to subCabinet posts; (7) Dr. Height has been President of the National Council of Negro Women (NCNW) since 1957, a position to which she was appointed upon the retirement of Dr. Mary McLeod Bethune, one of the most influential African-American women in United States history; (8) the National Council of Negro Women is currently the umbrella organization for 250 local groups and 38 national groups engaged in economic development and women's issues; (9) under Dr. Height's leadership, the National Council of Negro Women implemented a number of new and innovative programs and initiatives, including-- (A) Operation Woman Power, a project to expand business ownership by women and to provide funds for vocational training; (B) leadership training for African-American women in the rural South; (C) the Black Family Reunion, a nationwide annual gathering to encourage, renew, and celebrate the concept of not only the Black family, but of all families; (D) the Women's Center for Education and Career Advancement, established to empower minority women in nontraditional careers; and (E) the Bethune Museum and Archives, a museum devoted to the history of African-American women; (10) Dr. Height has been at the forefront of AIDS education, both nationally and internationally, and under her direction, the National Council of Negro Women established offices in West Africa and South Africa and worked to improve the conditions of women in the developing world; (11) Dr. Height has been central in the success of 2 other influential women's organizations, specifically-- (A) as president and executive board member of Delta Sigma Theta Sorority, Inc., Dr. Height left the sorority more efficient and globally focused with a centralized headquarters; and (B) her work with the Young Women's Christian Association (YWCA) led to its integration and more active participation in the civil rights movement; (12) Dr. Height was the only female member of the ``Big Six'' civil rights leaders, which included Whitney Young, A. Phillip Randolph, the Reverend Dr. Martin Luther King, Jr., James Farmer, and Roy Wilkins, while strategies were developed for the civil rights movement; (13) Dr. Height is the recipient of many awards and accolades for her efforts on behalf of women's rights, including-- (A) the Spingarn Award, the highest honor bestowed by the National Association for the Advancement of Colored People (NAACP) for civil rights contributions; (B) the Presidential Medal of Freedom, awarded by President Clinton; (C) the John F. Kennedy Memorial Award, from the National Council of Jewish Women; (D) the Ministerial Interfaith Association Award, for her contributions to interfaith, interracial, and ecumenical movements for over 30 years; (E) the Lovejoy Award, the highest recognition by the Grand Lodge of the Benevolent and Protective Order of Elks of the World, for outstanding contributions to human relations; (F) the Ladies Home Journal Woman of the Year Award, in recognition for her work for human rights; (G) the William L. Dawson Award, presented by the Congressional Black Caucus for decades of public service to people of color and particularly women; (H) the Citizens Medal Award for distinguished service, presented by President Reagan; and (I) the Franklin Delano Roosevelt Freedom Medal, awarded by the Franklin and Eleanor Roosevelt Institute; and (14) Dr. Dorothy Height has established a lasting legacy of public service that has been an invaluable contribution to the progress of the Nation. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of Congress, to Dr. Dorothy Irene Height, a gold medal of appropriate design in recognition of her many contributions to the Nation. (b) Design and Striking.--For purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 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. STATUS AS NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (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. | Authorizes the President to present to Dr. Dorothy Height (President of the National Council of Negro Women) a congressional gold medal in recognition of her many contributions to the Nation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Succession Act of 2010''. SEC. 2. PRESIDENTIAL SUCCESSION. Section 19 of title 3, United States Code, is amended to read as follows: ``Sec. 19. Vacancy in offices of both President and Vice President; officers eligible to act ``(a)(1) If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the highest individual on the succession list who is not under disability to discharge the powers and duties of the office of President and not disqualified under subsection (c), shall serve as acting President. ``(2) The same rule shall also apply in the case of the death, resignation, removal from office, or inability of an individual serving as acting President under this section if, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no Vice President to discharge the powers and duties of the office of President. ``(b) An individual serving as acting President under this section shall continue to so serve until the expiration of the then current Presidential term, except that-- ``(1) if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall serve only until a President or Vice President qualifies; and ``(2) if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall serve only until the removal of the disability of one of such individuals. ``(c)(1) For purposes of this section, the term `succession list' means the following: The designated House leader under subsection (d), the designated Senate leader under subsection (e), the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Energy, the Secretary of Education, the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France. ``(2) The taking of the oath of office by an individual specified in the succession list shall not require his resignation from the office by virtue of the holding of which he qualifies to serve as acting President. Such individual shall not receive compensation from holding that office during the period that the individual serves as acting President or Vice President under this section, and shall be compensated for that period as provided under subsection (f). ``(3) The succession list shall include only such officers that are-- ``(A) eligible to the office of President under the Constitution; ``(B) not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them; and ``(C) except in the case of the designated House leader under subsection (d) and the designated Senate leader under subsection (e), appointed to the office involved, by and with the advice and consent of the Senate, prior to the time the powers and duties of the President devolve to such officer under this section. ``(d)(1) The designated House leader under this subsection is the individual whose name is submitted by the President in a written notification to the Clerk of the House of Representatives from among the following: The Speaker of the House of Representatives, the Majority Leader of the House of Representatives, or the Minority Leader of the House of Representatives. ``(2) The notification by the President under paragraph (1) shall remain in effect until the President submits a later notification under such paragraph, and shall not be rendered ineffective by the expiration of any Presidential term. ``(3) Until such time as the President first submits a notification under paragraph (1), the Speaker of the House of Representatives is deemed to be the designated House leader under this subsection. ``(4) A person acting as Speaker pro tempore shall not be treated for purposes of this subsection as holding the office of Speaker of the House of Representatives. ``(5) Each notification submitted by the President under this subsection shall be made publicly available. ``(e)(1) The designated Senate leader under this subsection is the individual whose name is submitted by the President in a written notification to the Secretary of the Senate from among the following: The Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate. ``(2) The notification by the President under paragraph (1) shall remain in effect until the President submits a later notification under such paragraph, and shall not be rendered ineffective by the expiration of any Presidential term. ``(3) Until such time as the President first submits a notification under paragraph (1), the Majority Leader of the Senate is deemed to be the designated Senate leader under this subsection. ``(4) Each notification submitted by the President under this subsection shall be made publicly available. ``(f) During the period that any individual serves as acting President under this section, his compensation shall be at the rate then provided by law in the case of the President.''. SEC. 3. SENSE OF CONGRESS REGARDING VOTES BY ELECTORS AFTER DEATH OR INCAPACITY OF NOMINEES. It is the sense of Congress that-- (1) during a Presidential election year, the nominees of each political party for the office of President and Vice President should jointly announce and designate on or before the final day of the convention (or related event) at which they are nominated the individuals for whom the electors of President and Vice President who are pledged to vote for such nominees should give their votes for such offices in the event that such nominees are deceased or permanently incapacitated prior to the date of the meeting of the electors of each State under section 7 of title 3, United States Code; (2) in the event a nominee for President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for Vice President of the same political party is not deceased or permanently incapacitated), the electors of President who are pledged to vote for the nominee should give their votes to the nominee of the same political party for the office of Vice President, and the electors of Vice President who are pledged to vote for the nominee for Vice President should give their votes to the individual designated for such office by the nominees under paragraph (1); (3) in the event a nominee for Vice President is deceased or permanently incapacitated prior to the date referred to in paragraph (1) (but the nominee for President of the same political party is not deceased or permanently incapacitated), the electors of Vice President who are pledged to vote for such nominee should give their votes to the individual designated for such office by the nominees under paragraph (1); (4) in the event that both the nominee for President and the nominee for Vice President of the same political party are deceased or permanently incapacitated prior to the date referred to in paragraph (1), the electors of President and Vice President who are pledged to vote for such nominees should vote for the individuals designated for each such office by the nominees under paragraph (1); and (5) political parties should establish rules and procedures consistent with the procedures described in the preceding paragraphs, including procedures to obtain written pledges from electors to vote in the manner described in such paragraphs. SEC. 4. SENSE OF CONGRESS ON THE CONTINUITY OF GOVERNMENT AND THE SMOOTH TRANSITION OF EXECUTIVE POWER. (a) Findings.--Congress finds that-- (1) members of the Senate, regardless of political party affiliation, agree that the American people deserve a Government that is failsafe and foolproof, and that terrorists should never have the ability to disrupt the operations of the Government; (2) continuity of governmental operations in the wake of a catastrophic terrorist attack remains a pressing issue of national importance before the United States Congress; (3) at a minimum, terrorists should never have the ability, by launching a terrorist attack, to change the political party that is in control of the Government, regardless of which party is in power; (4) whenever control of the White House shall change from one political party to another, the outgoing President and the incoming President should work together, and with the Senate to the extent determined appropriate by the Senate, to ensure a smooth transition of executive power, in the interest of the American people; (5) under the current presidential succession statute in section 19 of title 3, United States Code, the members of the cabinet, defined as the heads of the statutory executive departments under section 101 of title 5, United States Code, fall within the line of succession to the presidency; (6) during previous presidential transition periods, the incoming President has had to serve with cabinet members from the prior administration, including subcabinet officials from the prior administration acting as cabinet members, for at least some period of time; (7) the Constitution vests the appointment power of executive branch officials in the President, by and with the advice and consent of the Senate, and nothing in this resolution is intended to alter either the constitutional power of the President or the constitutional function of the Senate with regard to the confirmation of presidential nominees; (8) an incoming President cannot exercise the constitutional powers of the President, in order to ensure a smooth transition of Government, until noon on the 20th day of January, pursuant to the terms of the twentieth amendment to the Constitution; (9) cooperation between the incoming and the outgoing President is therefore the only way to ensure a smooth transition of Government; (10) Congress throughout history has acted consistently and in a bipartisan fashion to encourage measures to ensure the smooth transition of executive power from one President to another, such as through the enactment of the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277) and subsequent amendments; (11) Congress has previously concluded that ``[t]he national interest requires'' that ``the orderly transfer of the executive power in connection with the expiration of the term of office of a President and the inauguration of a new President . . . be accomplished so as to assure continuity in the faithful execution of the laws and in the conduct of the affairs of the Federal Government, both domestic and foreign'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (12) Congress has further concluded that ``[a]ny disruption occasioned by the transfer of the executive power could produce results detrimental to the safety and well-being of the United States and its people'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (13) Congress has previously expressed its intent ``that appropriate actions be authorized and taken to avoid or minimize any disruption'' and ``that all officers of the Government so conduct the affairs of the Government for which they exercise responsibility and authority as (1) to be mindful of problems occasioned by transitions in the office of the President, (2) to take appropriate lawful steps to avoid or minimize disruptions that might be occasioned by the transfer of the executive power, and (3) otherwise to promote orderly transitions in the office of President'' under the Presidential Transition Act of 1963 (3 U.S.C. 102 note; Public Law 88-277); (14) the National Commission on Terrorist Attacks Upon the United States established under title VI of the Intelligence Authorization Act for Fiscal Year 2003 (6 U.S.C. 101 note; Public Law 107-306) expressly recognized the need to ``Improve the Transitions between Administrations'' in its final report; (15) the Commission specifically recommended that, ``[s]ince a catastrophic attack could occur with little or no notice, we should minimize as much as possible the disruption of national security policymaking during the change of administrations by accelerating the process for national security appointments'' and that ``the process could be improved significantly so transitions can work more effectively and allow new officials to assume their new responsibilities as quickly as possible''; (16) the Commission suggested that ``[a] president-elect should submit lists of possible candidates for national security positions to begin obtaining security clearances immediately after the election, so that their background investigations can be complete before January 20'', that ``[a] president-elect should submit the nominations of the entire new national security team, through the level of under secretary of cabinet departments, not later than January 20'', that ``[t]he Senate, in return, should adopt special rules requiring hearings and votes to confirm or reject national security nominees within 30 days of their submission'', and that an outgoing Administration should work cooperatively with an incoming President to ensure a smooth transition, in the interest of national security; and (17) there is no more important national security position than the office of President, and thus it is essential to national security that any new administration establish its own clear and stable line of succession to the presidency as quickly as possible. (b) Sense of Congress.--It is the sense of Congress that during the period preceding the end of a term of office in which a President will not be serving a succeeding term-- (1) that President should consider submitting the nominations of individuals to the Senate who are selected by the President-elect for offices that fall within the line of succession; (2) the Senate should consider conducting confirmation proceedings and votes on the nominations described under paragraph (1), to the extent determined appropriate by the Senate, between January 3 and January 20 before the Inauguration; and (3) that President should consider agreeing to sign and deliver commissions for all approved nominations on January 20 before the Inauguration to ensure continuity of Government. | Presidential Succession Act of 2010 - Revises provisions governing presidential succession to: (1) provide that the person next in line to succeed the President after the Vice President (currently, the Speaker of the House of Representatives) shall be the individual whose name is submitted by the President to the Clerk of the House from among the Speaker of the House, the Majority Leader of the House, or the Minority Leader of the House (or the Speaker until the President submits such name); (2) provide that the person next in line (currently the President Pro Tempore of the Senate) after such designated House leader shall be the individual whose name is submitted by the President to the Secretary of the Senate from among the Majority Leader of the Senate, the President Pro Tempore of the Senate, or the Minority Leader of the Senate (or the Majority Leader of the Senate until the President submits such name); (3) include in the succession list, after the Secretary of Homeland Security, the Ambassadors to the United Nations, Great Britain, Russia, China, and France, in that order; and (4) provide that the taking of the oath of office by an individual specified in the succession list shall not require resignation from the office qualifying such individual for succession. Permits the succession list to include only such officers that are: (1) eligible to the office of President under the Constitution; (2) not under impeachment by the House of Representatives; and (3) except for the designated House or Senate leader, appointed to the office involved, by and with the Senate's advice and consent, prior to succession. Expresses the sense of Congress regarding: (1) to whom electors should give their votes in the event of the death or incapacity of nominees for President and Vice President; and (2) nomination by a President who will not be serving a succeeding term of individuals selected by the President-elect for offices that fall within the line of succession, confirmation of such nominees by the Senate, and the signing and delivery of commissions to all such approved nominations, before the inauguration of the President-elect, to ensure continuity of government. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Leveraging and Energizing America's Apprenticeship Programs Act'' or the ``LEAP Act''. SEC. 2. CREDIT FOR EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 45S. EMPLOYEES PARTICIPATING IN QUALIFIED APPRENTICESHIP PROGRAMS. ``(a) In General.--For purposes of section 38, the apprenticeship credit determined under this section for the taxable year is an amount equal to the sum of the applicable credit amounts (as determined under subsection (b)) for each of the apprenticeship employees of the employer that exceeds the applicable apprenticeship level (as determined under subsection (e)) during such taxable year. ``(b) Applicable Credit Amount.--For purposes of subsection (a), the applicable credit amount for each apprenticeship employee for each taxable year is equal to-- ``(1) in the case of an apprenticeship employee who has not attained 25 years of age at the close of the taxable year, $1,500, or ``(2) in the case of an apprenticeship employee who has attained 25 years of age at the close of the taxable year, $1,000. ``(c) Limitation on Number of Years Which Credit May Be Taken Into Account.--The apprenticeship credit shall not be allowed for more than 2 taxable years with respect to any apprenticeship employee. ``(d) Apprenticeship Employee.--For purposes of this section, the term `apprenticeship employee' means any employee who is employed by the employer-- ``(1) in an officially recognized apprenticeable occupation, as determined by the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, and ``(2) pursuant to an apprentice agreement registered with-- ``(A) the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor, or ``(B) a State apprenticeship agency. ``(e) Applicable Apprenticeship Level.-- ``(1) In general.--For purposes of this section, the applicable apprenticeship level shall be equal to-- ``(A) in the case of any apprenticeship employees described in subsection (b)(1), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number; and ``(B) in the case of any apprenticeship employees described in subsection (b)(2), the amount equal to 80 percent of the average number of such apprenticeship employees of the employer for the 3 taxable years preceding the taxable year for which the credit is being determined, rounded to the next lower whole number. ``(2) First year of new apprenticeship programs.--In the case of an employer which did not have any apprenticeship employees during any taxable year in the 3 taxable years preceding the taxable year for which the credit is being determined, the applicable apprenticeship level shall be equal to zero. ``(f) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 45A, 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. ``(g) Certain Rules To Apply.--Rules similar to the rules of subsections (i)(1) and (k) of section 51 shall apply for purposes of this section.''. (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 (35), by striking the period at the end of paragraph (36) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(37) the apprenticeship credit determined under section 45S(a).''. (c) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45S(a),'' after ``45P(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. 45S. Employees participating in qualified apprenticeship programs.''. (e) Effective Date.--The amendments made by this section shall apply to individuals commencing apprenticeship programs after the date of the enactment of this Act. SEC. 3. LIMITATION ON GOVERNMENT PRINTING COSTS. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of Federal departments and independent agencies to-- (1) determine which Government publications could be available on Government websites and no longer printed and to devise a strategy to reduce overall Government printing costs over the 10-year period beginning with fiscal year 2016, except that the Director shall ensure that essential printed documents prepared for social security recipients, Medicare beneficiaries, and other populations in areas with limited Internet access or use continue to remain available; (2) establish Government-wide Federal guidelines on employee printing; and (3) issue guidelines requiring every department, agency, commission, or office to list at a prominent place near the beginning of each publication distributed to the public and issued or paid for by the Federal Government-- (A) the name of the issuing agency, department, commission, or office; (B) the total number of copies of the document printed; (C) the collective cost of producing and printing all of the copies of the document; and (D) the name of the entity publishing the document. | Leveraging and Energizing America's Apprenticeship Programs Act or the LEAP Act Amends the Internal Revenue Code to allow employers a business-related tax credit of $1,500 for hiring an apprenticeship employee who has not attained age 25 at the close of the taxable year or $1,000 for an apprenticeship employee who has attained age 25. Allows such credit for no more than two taxable years with respect to any apprenticeship employee. Defines "apprenticeship employee" as an employee who is employed in an officially-recognized apprenticeable occupation pursuant to an apprentice agreement registered with the Office of Apprenticeship of the Employment and Training Administration of the Department of Labor or a state apprenticeship agency. Requires the Office of Management and Budget to coordinate with the heads of federal agencies to: (1) determine which government publications could be available on government websites and no longer printed, (2) devise a strategy to reduce overall government printing costs over the 10-year period beginning with FY2016, (3) establish government-wide guidelines on employee printing, and (4) issue guidelines for publicly disclosing information about the publication of government documents. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rhinoceros and Tiger Conservation Act of 1994''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's rhinoceros population is declining at an alarming rate, a 90 percent decline since 1970. (2) All rhinoceros species have been listed on Appendix I of CITES since 1977. (3) All rhinoceros species, except the southern subspecies of white rhinoceros, are listed as endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (4) In 1987, the parties to CITES adopted a resolution that urged all parties to establish a moratorium on the sale and trade in rhinoceros products (other than legally taken trophies), to destroy government stockpiles of rhinoceros horn, and to exert pressure on countries continuing to allow trade in rhinoceros products. (5) On September 7, 1993, under section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the Secretary certified that the People's Republic of China and Taiwan were engaged in trade of rhinoceros parts and tiger parts that diminished the effectiveness of an international conservation program for that endangered species. (6) On September 9, 1993, the Standing Committee of CITES, in debating the continuing problem of trade in rhinoceros horn, adopted a resolution urging parties to CITES to implement stricter domestic measures, up to and including an immediate prohibition in trade in wildlife species. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To assist in the conservation of rhinoceros and tigers by supporting the conservation programs of nations whose activities affect rhinoceros and tiger populations, and the CITES Secretariat. (2) To provide financial resources for those programs. SEC. 4. DEFINITIONS. In this Act-- (1) ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices; (2) ``conservation'' means the use of all methods and procedures necessary to bring rhinoceros and tigers to the point at which there are sufficient populations to ensure that those species do not become extinct, including all activities associated with scientific resource management, such as research, census, law enforcement, habitat acquisition and maintenance, propagation, live trapping, and transportation; (3) ``fish products'' means any aquatic species (including marine mammals and plants) exported from a country and all products and parts thereof, whether taken by fishing vessels of that country, or packed, processed, or otherwise prepared for export in that country or within its jurisdiction; (4) ``Fund'' means the Rhinoceros and Tiger Conservation Fund established under section 6(a); (5) ``Secretary'' means the Secretary of the Interior; and (6) ``wildlife products'' means any wild animal (other than an aquatic species which is a fish product) taken within a country and all products and parts thereof (including eggs), whether packed, processed, or otherwise prepared for export in that country or within its jurisdiction. This term does not include any wild animal or fish if brought or imported into the United States for scientific research or any legally taken sport-hunted trophies. SEC. 5. RHINOCEROS AND TIGER CONSERVATION ASSISTANCE. (a) In General.--The Secretary, subject to the availability of appropriations, shall use amounts in the Fund to provide financial assistance for projects for the conservation of rhinoceros and tigers. (b) Project Proposal.--A country whose activities affect rhinoceros or tiger populations, the CITES Secretariat, or any other person may submit to the Secretary a project proposal under this section. Each proposal shall-- (1) name the individual responsible for conducting the project; (2) state the purposes of the project succinctly; (3) describe the qualifications of the individuals who will conduct the project; (4) estimate the funds and time required to complete the project; (5) provide evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project; and (6) provide any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.--The Secretary shall review each project proposal to determine if it meets the criterion set forth in subsection (d). Not later than 6 months after receiving a project proposal, and subject to the availability of funds, the Secretary shall approve or disapprove the proposal and provide written notification to the person who submitted the proposal and to each country within which the project is to be conducted. (d) Criterion for Approval.--The Secretary may approve a project under this section if the project will enhance programs or activities for the conservation of rhinoceros or tigers. (e) Project Reporting.--Each person that receives assistance under this section for a project shall provide periodic reports to the Secretary as the Secretary considers necessary. Each report shall include all information requested by the Secretary for evaluating the progress and success of the project. SEC. 6. RHINOCEROS AND TIGER CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the ``Rhinoceros and Tiger Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 6 percent to administer the Fund. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. SANCTIONS AGAINST FOREIGN COUNTRIES. (a) Initial Review and Certification.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall-- (1) review all foreign countries whose activities affect rhinoceros or tiger populations; and (2) if the Secretary finds that any citizen of a foreign country, directly or indirectly, is engaging in trade in products made from rhinoceros or tigers, or in another activity that adversely affects rhinoceros or tiger conservation, certify that fact to the President. (b) Consultation.--Not later than 30 days after the date of a certification under subsection (a)(2) with respect to a foreign country, the President shall enter into consultations with the government of the country that the certification has been made. (c) Moratorium on Importation.-- (1) Direction to establish.--Not later than 60 days after the date of a certification under subsection (a)(2) with respect to a foreign country, if consultations under subsection (b) are not satisfactorily concluded with the country the President shall direct the Secretary of the Treasury to establish a moratorium on the importation of all fish products and wildlife products from the country. (2) Implementation.--The Secretary of the Treasury shall establish and implement a moratorium pursuant to the direction of the President under paragraph (1), by not later than 45 days after the date the President directs the Secretary of the Treasury to establish the moratorium. (3) Public notice.--The Secretary of the Treasury shall provide public notice of a moratorium under this subsection before implementing the moratorium. (4) Subsequent review.--The Secretary shall periodically review the activities of citizens of a foreign country with respect to which a certification is made under subsection (a)(2) to determine if the reasons for making the certification no longer exist. (5) Termination of moratorium.--If, after notice and public comment, the Secretary determines that the reasons for making a certification under subsection (a)(2) with respect to a foreign country no longer exist the Secretary of the Treasury shall terminate a moratorium established for the country under this subsection. (d) Additional Economic Sanctions.-- (1) Determination of effectiveness of moratorium.--Not later than 6 months after the date of a certification under subsection (a)(2) with respect to a foreign country, the Secretary shall determine whether a moratorium under subsection (c) is insufficient to cause the foreign country to improve its efforts for the conservation of rhinoceros or tigers, as appropriate. (2) Certification.--The Secretary shall certify to the President each affirmative determination under paragraph (1) with respect to a foreign country. (3) Effect of certification.--Certification by the Secretary under paragraph (2) is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $10,000,000 for each of fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out this Act, to remain available until expended. | Rhinoceros and Tiger Conservation Act of 1994 - Establishes in the Treasury the Rhinoceros and Tiger Conservation Fund, to be used for conservation project purposes. Directs the Secretary of the Interior to use amounts from the Fund to provide financial assistance for worldwide projects for the conservation of rhinoceroses and tigers. Outlines provisions concerning the submission of projects for such assistance and review and approval by the Secretary. Provides sanctions against countries whose activities adversely affect rhinoceros or tiger conservation (such as the trading of rhinoceros horns), including a moratorium on the importation from such country of any fish and wildlife products. Provides for the review and termination of such moratoriums in appropriate circumstances. Allows additional economic sanctions. Authorizes appropriations for FY 1995 through 1999. |
SECTION 1. SHORT TITLE. This Act may be referred to as the ``Small Business Investment and Promotion Act of 2006''. SEC. 2. TEMPORARY CREDIT AGAINST INCOME TAX FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. (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 inserting after section 45M the following new section: ``SEC. 45N. TEMPORARY CREDIT FOR SMALL BUSINESSES, FARMERS, AND FISHERMEN TO OFFSET HIGH FUEL COSTS. ``(a) Allowance of Credit.--In the case of an eligible taxpayer, the excessive fuel cost credit determined under this section is an amount equal to the excessive fuel cost paid or incurred by the taxpayer during the taxable year for any creditable fuel used in any trade or business of the taxpayer. ``(b) Excessive Fuel Cost.--For purposes of this section-- ``(1) In general.--The term `excessive fuel cost' means, with respect to any creditable fuel, the excess (if any) of-- ``(A) the amount paid or incurred by the taxpayer for such fuel, over ``(B) the adjusted base price for such fuel. ``(2) Adjusted base price.-- ``(A) In general.--The term `adjusted base price' means, with respect to any creditable fuel, the amount determined by the Secretary to be the applicable Labor Day 2004 price for such fuel adjusted for inflation. ``(B) Applicable price.--The applicable Labor Day 2004 price for any fuel is the average price for such fuel for the region in which the taxpayer purchased such fuel (as determined using data of the Energy Information Agency of the Department of Energy). ``(C) Inflation adjustment.--The inflation adjustment shall be determined under the principles of section 1(f); except that, the Secretary shall use estimates of the monthly Consumer Price Index (as defined in such section) where possible to more closely reflect current inflation. ``(c) Eligible Taxpayer.--For purposes of this section-- ``(1) In general.--The term `eligible taxpayer' means any person engaged in a trade or business if-- ``(A) such trade or business is-- ``(i) a farming business (as defined by section 263A(e)(4), or ``(ii) commercial fishing (as defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)), or ``(B) such person is a small business. ``(2) Small business.--The term `small business' means a trade or business that employs an annual average of not more than 50 employees. ``(3) Creditable fuel.--The term `creditable fuel' means-- ``(A) gasoline, ``(B) diesel fuel, ``(C) heating oil, and ``(D) natural gas. ``(d) Adjustment of Standard Mileage Rate.--An eligible taxpayer may elect, in lieu of the credit under this section, a standard mileage allowance under section 162 equal to 60 cents for each mile traveled during the period described in subsection (e). The Secretary shall modify the standard mileage rate under the preceding sentence to the extent that 60 cents does not accurately reflect that value of the credit under this section. ``(e) Application of Section.--This section shall apply to fuels purchased during the 2-year period beginning on the date of the enactment of this section.''. (b) Credit to Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (25), by striking the period at the end of paragraph (26) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(27) in the case of an eligible taxpayer (as defined in section 45N(c)), the excessive fuel cost credit determined under section 45N(a).''. (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45M the following new item: ``Sec. 45N. Temporary credit for small businesses, farmers, and fishermen to offset high fuel costs.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Paragraph (1) of section 45C(b) of such Code is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. SEC. 4. TREATMENT OF QUALIFIED RESTAURANT PROPERTY, QUALIFIED RETAIL IMPROVEMENT PROPERTY, AND CERTAIN SYSTEMS INSTALLED IN NONRESIDENTIAL BUILDINGS AS 15-YEAR PROPERTY FOR PURPOSES OF DEPRECIATION DEDUCTION. (a) Qualified Restaurant Property.--Clause (v) of section 168(e)(3)(E) of the Internal Revenue Code of 1986 (defining 15-year property) is amended by striking ``placed in service before January 1, 2006''. (b) Qualified Retail Improvement Property and Certain Systems Installed in Nonresidential Buildings.-- (1) 15-year recovery period.--Subparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to 15- year property) is amended by striking ``and'' at the end of clause (vii), by striking the period at the end of clause (viii) and inserting a comma, and by adding at the end the following new clauses: ``(ix) any qualified retail improvement property, and ``(x) any property-- ``(I) which is part of a heating, ventilation, air conditioning, or commercial refrigeration system, ``(II) which is installed on or in a building which is nonresidential real property, and ``(III) the original use of which commences with the taxpayer.''. (2) Definition.--Section 168(e) of such Code (relating to classification of property) is amended by adding at the end the following new paragraph: ``(8) Qualified retail improvement property.-- ``(A) In general.--The term `qualified retail improvement property' means any improvement to an interior portion of a building which is nonresidential real property if-- ``(i) such portion is open to the general public, ``(ii) such portion is used by a trade or business that sells tangible personal property or services to the general public, ``(iii) such trade or business employs an annual average of not more than 50 employees, and ``(iv) such improvement is placed in service more than 3 years after the date the building was first placed in service. ``(B) Certain improvements not included.--Such term shall not include any improvement for which the expenditure is attributable to-- ``(i) the enlargement of the building, ``(ii) any elevator or escalator, or ``(iii) the internal structural framework of the building.''. (3) Requirement to use straight line method.--Paragraph (3) of section 168(b) of such Code (relating to applicable depreciation method) is amended by adding at the end the following new subparagraphs: ``(I) Qualified retail improvement property described in subsection (e)(8). ``(J) Property described in subsection (e)(3)(E)(x).''. (4) Alternative system.--The table contained in section 168(g)(3)(B) of such Code (relating to special rule for certain property assigned to classes) is amended by inserting after the item relating to subparagraph (E)(viii) the following new items: ``(E)(ix).................................................. 39 (E)(x)..................................................... 25''. (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. SEC. 5. AUTHORIZATIONS. (a) Advanced Technology Program.--There are authorized to be appropriated to the Secretary of Commerce for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) $140,000,000 for fiscal year 2007 and $145,000,000 for fiscal year 2008. (b) SCORE.--There are authorized to be appropriated for the Service Corps of Retired Executives (SCORE) under section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B) $7,500,000 for fiscal year 2007 and $8,000,000 for fiscal year 2008. (c) Small Business Development Centers.--There are authorized to be appropriated for small business development centers under section 21 of the Small Business Act (15 U.S.C. 648) $137,500,000 fiscal year 2007 and $140,000,000 for fiscal year 2008. (d) Manufacturing Extension Partnership.--There are authorized to be appropriated to the Secretary of Commerce for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l) $115,000,000 for fiscal year 2007 and $120,000,000 for fiscal year 2008. (e) Women's Business Centers.--There are authorized to be appropriated for the Women's Business Center Program under section 29 of the Small Business Act (15 U.S.C. 656) $15,000,000 for fiscal year 2007 and $15,500,000 for fiscal year 2008. SEC. 6. SENSE OF CONGRESS ON FUNDING FOR SMALL BUSINESS PROGRAMS. (a) Funding for 7(a) Loan Program.--It is the sense of Congress that Congress should appropriate $79,000,000 for offsetting the cost of borrowers participating in the loan program under section 7(a) of the Small Business Act (15 U.S.C. 636(a)). (b) Funding for Other Programs.--It is the sense of Congress that Congress should appropriate funds for the Advanced Technology Program, the Service Corps of Retired Executives, the Small Business Development Centers, the Manufacturing Extension Partnership, and the Women's Business Center Program at the levels authorized under section 4 of this Act. SEC. 7. MARKET-BASED ADJUSTMENT IN ANNUAL H-1B AND H-2B NONIMMIGRANT NUMERICAL LIMITATIONS. Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A), by striking ``(beginning with fiscal year 1992)''; (B) in subparagraph (A)-- (i) in clause (vi), by striking ``and'' at the end; (ii) in clause (vii), by striking ``succeeding fiscal year; or'' and inserting ``of fiscal years 2004, 2005, and 2006; and''; and (iii) by inserting after clause (vii) the following new clause: ``(viii) 85,000 in each fiscal year beginning with fiscal year 2007, except as provided in paragraph (12); or''. (C) by striking subparagraph (B) and inserting the following subparagraph: ``(B) under section 101(a)(15)(H)(ii)(b) may not exceed-- ``(i) 66,000 in each fiscal year before fiscal year 2007; and ``(ii) 85,000 in each fiscal year beginning with fiscal year 2007, subject to paragraph (10) and except as provided in paragraph (12)(D).''; (2) in paragraph (10)-- (A) by striking ``limitations of paragraph (1)(B) shall be allocated for a fiscal year so that the total number of aliens subject to such numerical limits'' and inserting ``limitation of paragraph (1)(B) shall be allocated to the greatest extent practicable for a fiscal year so that the total number of aliens subject to such numerical limit''; and (B) by striking ``33,000'' and inserting ``50 percent of the number determined under such paragraph''; and (3) by adding at the end the following new paragraph: ``(12)(A) If, as of a date before September 30 of a fiscal year (beginning with fiscal year 2007), the total number of aliens who have been issued visas or have otherwise been provided nonimmigrant status under subparagraph (A) of paragraph (1) reaches the adjusted numerical limitation (as defined in subparagraph (C)) for the fiscal year, the numerical limitation under such subparagraph for the remainder of the fiscal year and the numerical limitation under such subparagraph for the subsequent fiscal year shall be adjusted as follows: If the date the adjusted numerical limitation was reached is in-- ``(i) the first quarter of such fiscal year, the numerical limitation for the fiscal year shall be increased by 20 percent of the adjusted numerical limitation of the fiscal year and the numerical limitation for the subsequent fiscal year shall be equal to 120 percent of the adjusted numerical limitation for the fiscal year before such subsequent fiscal year; ``(ii) the second quarter of such fiscal year, the numerical limitation for the fiscal year shall be increased by 15 percent of the adjusted numerical limitation of the fiscal year and the numerical limitation for the subsequent fiscal year shall be equal to 115 percent of the adjusted numerical limitation for the fiscal year before such subsequent fiscal year; or ``(iii) the third or fourth quarter of such fiscal year, the numerical limitation for the fiscal year shall be increased by 10 percent of the adjusted numerical limitation of the fiscal year and the numerical limitation for the subsequent fiscal year shall be equal to 110 percent of the adjusted numerical limitation for the fiscal year before such subsequent fiscal year. ``(B) If, as of September 30 of each fiscal year (beginning with fiscal year 2008), the total number of aliens who have been issued visas or have otherwise been provided nonimmigrant status under subparagraph (A) of paragraph (1) is less than the adjusted numerical limitation for the fiscal year, and if such shortfall is not due solely to administrative causes, including processing delays or delays in promulgating regulations, the numerical limitation under such subparagraph for the subsequent fiscal year shall be equal to 90 percent of the adjusted numerical limitation for the fiscal year before such subsequent fiscal year. ``(C) For purposes of this paragraph, the term `adjusted numerical limitation' means, with respect to a fiscal year, the numerical limitation specified in paragraph (1)(A) for the fiscal year as adjusted under subparagraphs (A) and (B) as of October 1 of the fiscal year. ``(D) The provisions of subparagraphs (A) through (C) shall apply with respect to subparagraph (B) of paragraph (1) for a fiscal year in the same manner as they apply to subparagraph (A) of such paragraph for such fiscal year.''. SEC. 8. SMALL BUSINESS CONTRACTING GOAL. (a) Application to Contracts Performed Overseas.--Section 15(g)(1) of the Small Business Act (15 U.S.C.) is amended in the second sentence by inserting ``(including awards for contracts performed outside the United States)'' after ``all prime contract awards''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal years beginning after September 30, 2006. | Small Business Investment and Promotion Act of 2006 - Amends the Internal Revenue Code to: (1) provide to small business owners and operators of farming or commercial fishing businesses a temporary credit for excessive fuel costs paid or incurred in the operation of such business; (2) make permanent the credit for increasing research activities; and (3) treat as 15-year property for purposes of the depreciation deduction qualified restaurant property, qualified retail improvement property, and certain systems installed in nonresidential buildings. Authorizes appropriations for FY2007-FY2008 for: (1) the Advanced Technology Program; (2) the Service Corps of Retired Executives (SCORE); (3) small business development centers; (4) the Manufacturing Extension Partnership program; and (5) the Women's Business Centers program. Expresses the sense of Congress calling for appropriate funding for the above programs and the Small Business Act's 7(a) loan program. Amends the Immigration and Nationality Act to provide market-based adjustments in annual H-1B and H-2B nonimmigrant numerical limitations. Amends the Small Business Act to include awards for contracts performed outside the United States within the federal government's small business contracting goal. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft and Financial Privacy Protection Act of 2003''. SEC. 2. FINDINGS. Congress finds that-- (1) the crime of identity theft has become one of the major law enforcement challenges of the new economy, as vast quantities of sensitive, personal information are now vulnerable to criminal interception and misuse; (2) according to the Attorney General, ``in addition to the credit card and financial fraud crimes often committed, identity theft is a major facilitator of international terrorism''; (3) a number of indicators reveal that, despite increased public awareness of the crime, the incidents of identity theft continue to rise; (4) 1,000,000 consumers annually call the Fraud Victim Assistance Department of one national consumer reporting agency, a number that almost doubled from 1997 to 2001; (5) between January and December of 2002, the complaint database operated by the Federal Trade Commission received 380,103 consumer fraud and identity theft complaints, with reported losses from fraud of more than $343,000,000; (6) allegations of identity theft reported to the fraud hotline of the Social Security Administration increased from 11,058 in fiscal year 1998 to 46,480 in fiscal year 2000; (7) in its fiscal year 2000 annual report, the Postal Inspection Service noted that identity theft is a growing trend and the agency's investigations of such crimes has ``increased by 67 percent since last year''; (8) an integral part of many identity crimes involves the interception of personal financial data or the fraudulent acquisition of credit cards and other financial products in another person's name; (9) identity theft is an act that violates the privacy of our citizens and ruins their good names, victims can suffer restricted access to credit and diminished employment opportunities, and may spend years repairing damage to credit histories; (10) the resources available to identity theft victims are inadequate, and both private sector and Federal agencies should provide better and more sympathetic assistance to such victims; and (11) credit reporting agencies and issuers of credit should have uniform reporting requirements and effective fraud alerts to assist identity theft victims in repairing and protecting their credit. SEC. 3. IDENTITY THEFT PREVENTION. (a) Changes of Address.-- (1) Duty of issuers of credit.--Section 132 of the Truth in Lending Act (15 U.S.C. 1642) is amended-- (A) by inserting ``(a) In General.--'' before ``No credit''; and (B) by adding at the end the following: ``(b) Confirmation of Changes of Address.--If a card issuer receives a request for an additional credit card with respect to an existing credit account not later than 30 days after receiving notification of a change of address for that account, the card issuer shall-- ``(1) notify the cardholder of the request at both the new address and the former address in accordance with reasonable policies and procedures established by the card issuer pursuant to regulations which the Board shall prescribe; and ``(2) provide to the cardholder a means of promptly reporting incorrect changes.''. (2) Duty of consumer reporting agencies.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(g) Notice of Potential Fraud.--In any case in which a person has requested a consumer report relating to a consumer, and the request includes an address for the consumer that substantially differs from the most recent address in the file of the consumer, the consumer reporting agency shall-- ``(1) notify the requester of the discrepancy; and ``(2) reconcile or resolve any substantial variation between the most recent address in the file of the consumer at the agency and the address contained in the request, in accordance with reasonable policies and procedures established by the consumer reporting agency.''. (3) Enforcement.-- (A) Federal trade commission.--Except as provided in subparagraph (B), compliance with section 132(b) of the Truth in Lending Act (as added by this subsection) shall be enforced by the Federal Trade Commission in the same manner and with the same power and authority as the Commission has under the Fair Debt Collection Practices Act to enforce compliance with that Act. (B) Other agencies in certain cases.-- (i) In general.--Compliance with section 132(b) of the Truth in Lending Act (as added by this subsection) shall be enforced under-- (I) section 8 of the Federal Deposit Insurance Act, in the case of a card issuer that is-- (aa) a national bank or a Federal branch or Federal agency of a foreign bank, by the Office of the Comptroller of the Currency; (bb) a member bank of the Federal Reserve System (other than a national bank), a branch or agency of a foreign bank (other than a Federal branch, Federal agency, or insured State branch of a foreign bank), a commercial lending company owned or controlled by a foreign bank, or an organization operating under section 25 or 25A of the Federal Reserve Act, by the Board of Governors of the Federal Reserve System; (cc) a bank insured by the Federal Deposit Insurance Corporation (other than a member of the Federal Reserve System or a national nonmember bank) or an insured State branch of a foreign bank, by the Board of Directors of the Federal Deposit Insurance Corporation; and (dd) a savings association, the deposits of which are insured by the Federal Deposit Insurance Corporation, by the Director of the Office of Thrift Supervision; and (II) the Federal Credit Union Act, by the Administrator of the National Credit Union Administration in the case of a card issuer that is a Federal credit union, as defined in that Act. (C) Violations treated as violations of other laws.--For the purpose of the exercise by any agency referred to in this paragraph of its powers under any Act referred to in this paragraph, a violation of section 132(b) of the Truth in Lending Act (as added by this subsection) shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subparagraph (A) or (B), each of the agencies referred to in those subparagraphs may exercise, for the purpose of enforcing compliance with section 132(b) of the Truth in Lending Act (as added by this subsection), any other authority conferred on such agency by law. (b) Fraud Alerts.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended by adding at the end the following: ``(h) Fraud Alerts.-- ``(1) In general.--Upon the request of a consumer who expresses a suspicion that the consumer has been or is about to become a victim of fraud or related crime, and upon receiving proper identification, a consumer reporting agency shall include a fraud alert in the file of that consumer. ``(2) Notice to users.--A consumer reporting agency shall notify each person procuring consumer credit information with respect to a consumer of the existence of a fraud alert in the file of that consumer, regardless of whether a full credit report, credit score, or summary report is requested. ``(3) Penalties.--Any user of a consumer report who issues or extends credit in the name of the consumer to a person other than the consumer without attempting to comply with the preauthorization procedures contained in a fraud alert in effect for such consumer shall be in violation of this section. ``(4) Definition.--In this subsection, the term `fraud alert' means a clear and conspicuous statement in the file of a consumer that notifies all prospective users of a consumer report made with respect to that consumer that the consumer does not authorize the issuance or extension of credit in the name of the consumer unless-- ``(A) the issuer of such credit first obtains verbal authorization from the consumer at a telephone number designated by the consumer; or ``(B) the issuer of such credit utilizes another reasonable means of communication to obtain the express preauthorization of the consumer. ``(5) Exceptions.-- ``(A) Resellers.-- ``(i) In general.--The provisions of this subsection shall not apply to a consumer reporting agency that acts as a reseller of information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent database of the assembled or merged information from which new consumer reports are produced. ``(ii) Limitation.--A reseller of assembled or merged information shall preserve any fraud alert placed on a consumer report by another consumer reporting agency. ``(B) Exempt institutions.--The requirement under this subsection to place a fraud alert in a consumer file shall not apply to-- ``(i) a check services company, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments; or ``(ii) a demand deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, ATM abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution.''. (c) Rules on Complaint Referral, Investigations, and Inquiries.-- Not later than 365 days after the date of enactment of this Act, the Federal Trade Commission (in this subsection referred to as the ``Commission'') shall prescribe rules in accordance with section 553 of title 5, United States Code-- (1) to develop procedures for referral of consumer complaints about identity theft and fraud alerts between and among the consumer reporting agencies and the Commission; and (2) to develop a model form and standard procedures to be used by consumers who are victims of identity fraud for contacting and informing creditors and consumer reporting agencies of the fraud. SEC. 4. TRUNCATION OF CREDIT CARD AND DEBIT CARD ACCOUNT NUMBERS. (a) In General.--Except as provided in this section, no person, firm, partnership, association, corporation, or limited liability company that accepts credit cards or debit cards for the transaction of business shall print more than the last 4 digits of the credit card account number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction. (b) Limitation.--This section applies only to receipts that are electronically printed, and does not apply to transactions in which the sole means of recording the person's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Credit card.--The term ``credit card'' has the same meaning as in section 103(k) of the Truth in Lending Act. (2) Debit card.--The term ``debit card'' means any card issued by a financial institution to a consumer for use in initiating electronic fund transfers (as defined in section 903(6) of the Electronic Fund Transfer Act) from the account of the consumer at such financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services. (d) Effective Date.--This section shall become effective on-- (1) January 1, 2007, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is in use before January 1, 2005; and (2) January 1, 2005, with respect to any cash register or other machine or device that electronically prints receipts for credit card transactions that is first put into use on or after such date. SEC. 5. FREE REPORTS ANNUALLY. Section 612(c) of the Fair Credit Reporting Act (15 U.S.C. 1681j(c)) is amended to read as follows: ``(c) Free Annual Disclosure.--Upon the request of the consumer, a consumer reporting agency shall make all disclosures pursuant to section 609 once during any 12-month period without charge to the consumer.''. | Identity Theft and Financial Privacy Protection Act of 2003 - Amends the Truth in Lending Act to prescribe duties imposed upon: (1) a card issuer with respect to confirmation of a consumer's changes of address; and (2) a consumer reporting agency with respect to notice of potential fraud. Amends the Fair Credit Reporting Act to prescribe duties imposed upon a consumer reporting agency with respect to notice of potential fraud. Exempts from such requirements: (1) certain consumer reporting agencies acting as resellers of information; (2) certain check services companies; and (3) certain demand deposit account information service companies. Mandates truncation of credit card and debit card account numbers. Requires a consumer reporting agency to furnish, upon consumer request, a free annual disclosure of the information in the consumer's file. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007''. SEC. 2. FRAUD IN CONNECTION WITH MAJOR DISASTER OR EMERGENCY BENEFITS. (a) In General.--Chapter 47 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1040. Fraud in connection with major disaster or emergency benefits ``(a) Whoever, in a circumstance described in subsection (b) of this section, knowingly-- ``(1) falsifies, conceals, or covers up by any trick, scheme, or device any material fact; or ``(2) makes any materially false, fictitious, or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or representation, in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), or in connection with any procurement of property or services related to any emergency or major disaster declaration as a prime contractor with the United States or as a subcontractor or supplier on a contract in which there is a prime contract with the United States, shall be fined under this title, imprisoned not more than 30 years, or both. ``(b) A circumstance described in this subsection is any instance where-- ``(1) the authorization, transportation, transmission, transfer, disbursement, or payment of the benefit is in or affects interstate or foreign commerce; ``(2) the benefit is transported in the mail at any point in the authorization, transportation, transmission, transfer, disbursement, or payment of that benefit; or ``(3) the benefit is a record, voucher, payment, money, or thing of value of the United States, or of any department or agency thereof. ``(c) In this section, the term `benefit' means any record, voucher, payment, money or thing of value, good, service, right, or privilege provided by the United States, a State or local government, or other entity.''. (b) Clerical Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following new item: ``1040. Fraud in connection with major disaster or emergency benefits.''. SEC. 3. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN WIRE, RADIO, AND TELEVISION FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY. Section 1343 of title 18, United States Code, is amended by inserting: ``occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or'' after ``If the violation''. SEC. 4. INCREASED CRIMINAL PENALTIES FOR ENGAGING IN MAIL FRAUD DURING AND RELATION TO A PRESIDENTIALLY DECLARED MAJOR DISASTER OR EMERGENCY. Section 1341 of title 18, United States Code, is amended by inserting: ``occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or'' after ``If the violation''. SEC. 5. DIRECTIVE TO SENTENCING COMMISSION. (a) In General.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission forthwith shall-- (1) promulgate sentencing guidelines or amend existing sentencing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) or an emergency declaration under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191); and (2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives an explanation of actions taken by the Commission pursuant to paragraph (1) and any additional policy recommendations the Commission may have for combating offenses described in that paragraph. (b) Requirements.--In carrying out this section, the Sentencing Commission shall-- (1) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses described in subsection (a) and the need for aggressive and appropriate law enforcement action to prevent such offenses; (2) assure reasonable consistency with other relevant directives and with other guidelines; (3) account for any aggravating or mitigating circumstances that might justify exceptions, including circumstances for which the sentencing guidelines currently provide sentencing enhancements; (4) make any necessary conforming changes to the sentencing guidelines; and (5) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. (c) Emergency Authority and Deadline for Commission Action.--The Commission shall promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than the 30 days after the date of enactment of this Act, in accordance with the procedures set forth in section 21(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Emergency and Disaster Assistance Fraud Penalty Enhancement Act of 2007 - Amends the federal criminal code to impose a fine and/or prison term of up to 30 years for: (1) knowingly falsifying, concealing, or covering up by any trick, scheme, or device any material fact; or (2) making any materially false, fictitious, or fraudulent statement or representation, or making or using any false writing or document in any matter involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a major disaster or emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, or in connection with the procurement of property or services by a contractor, subcontractor, or supplier during a major disaster or emergency declaration. Imposes a maximum fine of $1 million and/or prison term of 30 years for engaging in wire, radio, television, or mail fraud during a presidentially declared major disaster or emergency. Directs the U.S. Sentencing Commission to: (1) promulgate sentencing guidelines or amend existing guidelines to provide for increased penalties for persons convicted of fraud or theft offenses in connection with a major disaster or emergency declaration; and (2) submit to the House and Senate Judiciary Committees an explanation of its guidelines and additional recommendations for combating such fraud or theft offenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Good IRA Rollover Act''. SEC. 2. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account to an organization described in section 170(c). ``(B) Special rules relating to charitable remainder trusts, pooled income funds, and charitable gift annuities.-- ``(i) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account-- ``(I) to a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)), ``(II) to a pooled income fund (as defined in section 642(c)(5)), or ``(III) for the issuance of a charitable gift annuity (as defined in section 501(m)(5)). The preceding sentence shall apply only if no person holds an income interest in the amounts in the trust, fund, or annuity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(ii) Determination of inclusion of amounts distributed.--In determining the amount includible in the gross income of any person by reason of a payment or distribution from a trust described in clause (i)(I) or a charitable gift annuity (as so defined), the portion of any qualified charitable distribution to such trust or for such annuity which would (but for this subparagraph) have been includible in gross income-- ``(I) in the case of any such trust, shall be treated as income described in section 664(b)(1), or ``(II) in the case of any such annuity, shall not be treated as an investment in the contract. ``(iii) No inclusion for distribution to pooled income fund.--No amount shall be includible in the gross income of a pooled income fund (as so defined) by reason of a qualified charitable distribution to such fund. ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made on or after the date that the individual for whose benefit the account is maintained has attained age 70\1/2\, except that with respect to any distribution to a trust, fund, or annuity referred to in subparagraph (B) which is made on or after the date that the individual for whose benefit the account is maintained has attained age 59\1/2\, and ``(ii) which is made directly from the account to-- ``(I) an organization described in section 170(c), or ``(II) a trust, fund, or annuity referred to in subparagraph (B). ``(D) Denial of deduction.--Qualified charitable distributions shall not be taken into account in determining the deduction under section 170.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2001. | Public Good IRA Rollover Act - Amends the Internal Revenue Code to exclude from gross income a distribution from an individual retirement account which is a qualified charitable distribution. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``White Clay Creek Wild and Scenic Rivers System Act''. SEC. 2. FINDINGS. Congress finds that-- (1) Public Law 102-215 (105 Stat. 1664) directed the Secretary of the Interior, in cooperation and consultation with appropriate State and local governments and affected landowners, to conduct a study of the eligibility and suitability of White Clay Creek, Delaware and Pennsylvania, and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System; (2) as a part of the study described in paragraph (1), the White Clay Creek Wild and Scenic Study Task Force and the National Park Service prepared a watershed management plan for the study area entitled ``White Clay Creek and Its Tributaries Watershed Management Plan'', dated May 1998, that establishes goals and actions to ensure the long-term protection of the outstanding values of, and compatible management of land and water resources associated with, the watershed; and (3) after completion of the study described in paragraph (1), Chester County, Pennsylvania, New Castle County, Delaware, Newark, Delaware, and 12 Pennsylvania municipalities located within the watershed boundaries passed resolutions that-- (A) expressed support for the White Clay Creek Watershed Management Plan; (B) expressed agreement to take action to implement the goals of the Plan; and (C) endorsed the designation of the White Clay Creek and the tributaries of the creek for inclusion in the National Wild and Scenic Rivers System. SEC. 3. DESIGNATION OF WHITE CLAY CREEK. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: ``(162) White Clay Creek, Delaware and Pennsylvania.--The 190 miles of river segments of White Clay Creek (including tributaries of White Clay Creek and all second order tributaries of the designated segments) in the States of Delaware and Pennsylvania, as depicted on the recommended designation and classification maps (dated June 2000), to be administered by the Secretary of the Interior, as follows: ``(A) 30.8 miles of the east branch, including Trout Run, beginning at the headwaters within West Marlborough township downstream to a point that is 500 feet north of the Borough of Avondale wastewater treatment facility, as a recreational river. ``(B) 15.0 miles of the east branch beginning at the southern boundary line of the Borough of Avondale to a point where the East Branch enters New Garden Township at the Franklin Township boundary line, including Walnut Run and Broad Run outside the boundaries of the White Clay Creek Preserve, as a recreational river. ``(C) 4.0 miles of the east branch that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania, beginning at the northern boundary line of London Britain township and downstream to the confluence of the middle and east branches, as a scenic river. ``(D) 6.8 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to a point that is 500 feet north of the Borough of West Grove wastewater treatment facility, as a recreational river. ``(E) 14 miles of the middle branch, beginning at a point that is 500 feet south of the Borough of West Grove wastewater treatment facility downstream to the boundary of the White Clay Creek Preserve in London Britain township, as a recreational river. ``(F) 2.1 miles of the middle branch that flow within the boundaries of the White Clay Creek Preserve in London Britain township, as a scenic river. ``(G) 17.2 miles of the west branch, beginning at the headwaters within Penn township downstream to the confluence with the middle branch, as a recreational river. ``(H) 12.7 miles of the main stem, excluding Lamborn Run, that flow through the boundaries of the White Clay Creek Preserve, Pennsylvania and Delaware, and White Clay Creek State Park, Delaware, beginning at the confluence of the east and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary line of the city of Newark, Delaware, as a scenic river. ``(I) 5.4 miles of the main stem (including all second order tributaries outside the boundaries of the White Clay Creek Preserve and White Clay Creek State Park), beginning at the confluence of the east and middle branches in London Britain township, Pennsylvania, downstream to the northern boundary of the city of Newark, Delaware, as a recreational river. ``(J) 16.8 miles of the main stem beginning at Paper Mill Road downstream to the Old Route 4 bridge, as a recreational river. ``(K) 4.4 miles of the main stem beginning at the southern boundary of the property of the corporation known as United Water Delaware downstream to the confluence of White Clay Creek with the Christina River, as a recreational river. ``(L) 1.3 miles of Middle Run outside the boundaries of the Middle Run Natural Area, as a recreational river. ``(M) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river. ``(N) 15.6 miles of Pike Creek, as a recreational river. ``(O) 38.7 miles of Mill Creek, as a recreational river.''. SEC. 4. BOUNDARIES. With respect to each of the segments of White Clay Creek and its tributaries designated by the amendment made by section 3, in lieu of the boundaries provided for in section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundaries of the segment shall be 250 feet as measured from the ordinary high water mark on both sides of the segment. SEC. 5. ADMINISTRATION. (a) By Secretary of the Interior.--The segments designated by the amendment made by section 3 shall be administered by the Secretary of the Interior (referred to in this Act as the ``Secretary''), in cooperation with the White Clay Creek Watershed Management Committee as provided for in the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service, entitled ``White Clay Creek and Its Tributaries Watershed Management Plan'' and dated May 1998 (referred to in this Act as the ``Management Plan''). (b) Requirement for Comprehensive Management Plan.--The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (c) Cooperative Agreements.--In order to provide for the long-term protection, preservation, and enhancement of the segments designated by the amendment made by section 3, the Secretary shall offer to enter into a cooperative agreement pursuant to sections 10(c) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the White Clay Creek Watershed Management Committee as provided for in the Management Plan. SEC. 6. FEDERAL ROLE IN MANAGEMENT. (a) In General.--The Director of the National Park Service (or a designee) shall represent the Secretary in the implementation of the Management Plan, this Act, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by section 3, including the review, required under section 7(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1278(a)), of proposed federally- assisted water resources projects that could have a direct and adverse effect on the values for which the segment is designated. (b) Assistance.--To assist in the implementation of the Management Plan, this Act, and the Wild and Scenic Rivers Act with respect to each of the segments designated by the amendment made by section 3, the Secretary may provide technical assistance, staff support, and funding at a cost to the Federal Government in an amount, in the aggregate, of not to exceed $150,000 for each fiscal year. (c) Cooperative Agreements.--Any cooperative agreement entered into under section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e)) relating to any of the segments designated by the amendment made by section 3-- (1) shall be consistent with the Management Plan; and (2) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segments. (d) National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), any portion of a segment designated by the amendment made by section 3 that is not in the National Park System as of the date of the enactment of this Act shall not, under this Act-- (1) be considered a part of the National Park System; (2) be managed by the National Park Service; or (3) be subject to laws (including regulations) that govern the National Park System. SEC. 7. STATE REQUIREMENTS. State and local zoning laws and ordinances, as in effect on the date of the enactment of this Act, shall be considered to satisfy the standards and requirements under section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) with respect to the segment designated by the amendment made by section 3. SEC. 8. NO LAND ACQUISITION. The Federal Government shall not acquire, by any means, any right or title in or to land, any easement, or any other interest along the segments designated by the amendment made by section 3 for the purpose of carrying out the amendment or this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires the segments to be administered by the Secretary of the Interior, in cooperation with the White Clay Creek Watershed Management Committee pursuant to the plan prepared by the White Clay Creek Wild and Scenic Study Task Force and the National Park Service. Deems the management plan to satisfy the Act's requirements for a comprehensive management plan. Prohibits any portion of a segment designated by this Act that is not in the National Park System (NPS) as of the enactment of this Act from being: (1) considered a part of the NPS; (2) managed by the National Park Service; or (3) subject to NPS laws or regulations. Bars the Federal Government from acquiring, by any means, any right or title in or to land, any easement, or any other interest for the purposes of carrying out this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as ``Mynisha's Law''. SEC. 2. FINDINGS. Congress finds-- (1) with an estimated 26,500 gangs operating within the United States, gang violence and drug trafficking remain serious problems throughout the country, causing injury and death to innocent victims, often children; (2) on November 13, 2005, a gang-related dispute broke out in San Bernardino, California, and gunfire sprayed an apartment building, killing 11-year-old Mynisha Crenshaw and seriously wounding her 14-year-old sister as they ate Sunday dinner with their family; (3) this tragic shooting symbolizes the struggle that so many communities across the United States, like San Bernardino, face in combating gang violence, and serves as a reminder of the nationwide problem of protecting children from senseless violence; (4) according to the National Drug Threat Assessment, criminal street gangs are responsible for the distribution of much of the cocaine, methamphetamine, heroin, and other illegal drugs throughout the United States; (5) the Federal Government has made an increased commitment to the suppression of gang violence through enhanced law enforcement and criminal penalties; and (6) more Federal resources and coordination are needed to reduce gang violence through proven and proactive prevention and intervention programs that focus on keeping at-risk youth in school and out of the criminal justice system. SEC. 3. DESIGNATION AS A HIGH INTENSITY GANG ACTIVITY AREA. (a) In General.--A unit of local government, city, county, tribal government, or a group of counties (whether located in 1 or more States) may submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. (b) Criteria.-- (1) In general.--The Attorney General shall establish criteria for reviewing applications submitted under subsection (a). (2) Considerations.--In establishing criteria under subsection (a) and evaluating an application for designation as a High Intensity Gang Activity Area, the Attorney General shall consider-- (A) the current and predicted levels of gang crime activity in the area; (B) the extent to which violent crime in the area appears to be related to criminal gang activity; (C) the extent to which the area is already engaged in local or regional collaboration regarding, and coordination of, gang prevention activities; and (D) such other criteria as the Attorney General determines to be appropriate. SEC. 4. PURPOSE OF THE TASK FORCE. (a) In General.--In order to coordinate Federal assistance to High Intensity Gang Activity Areas, the Attorney General shall establish an Interagency Gang Prevention Task Force (in this Act referred to as the ``Task Force'') in each such area, consisting of a representative from-- (1) the Department of Justice; (2) the Department of Education; (3) the Department of Labor; (4) the Department of Health and Human Services; and (5) the Department of Housing and Urban Development. (b) Coordination.--For each High Intensity Gang Activity Area designated by the Attorney General under section 3, the Task Force shall-- (1) coordinate the activities of the Federal Government to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; and (2) coordinate its efforts with local and regional gang prevention efforts. (c) Programs.--Each Task Force shall prioritize the needs of a High Intensity Gang Activity Area for funding under-- (1) the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.); (2) the Even Start programs under subpart 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6381 et seq.); (3) the Healthy Start Initiative under section 330H of the Public Health Services Act (42 U.S.C. 254c-8); (4) the Head Start Act (42 U.S.C. 9831 et seq.); (5) the 21st Century Community Learning Centers program under part B of title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7171 et seq.); (6) the Job Corps program under subtitle C of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2881 et seq.); (7) the community development block grant program under title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.); (8) the Gang Resistance Education and Training projects under subtitle X of title III of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13921); (9) any program administered by the Office of Community Oriented Policing Services; (10) the Juvenile Accountability Block Grant program under part R of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ee et seq.); (11) the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.); and (12) any other program that the Task Force determines to be appropriate. (d) Reporting Requirements.-- (1) Annual task force reports to ag.--Not later than September 1 of each year, each Task Force shall submit to the Attorney General a report on the funding needs and programmatic outcomes for each area designated as a High Intensity Gang Activity Area. (2) Annual ag report to congress.--Not later than December 1 of each year, the Attorney General shall submit a report to the appropriate committees of Congress and the Director of the Office of Management and Budget and the Domestic Policy Council that describes, for each designated High Intensity Gang Activity Area-- (A) the specific long-term and short-term goals and objectives of each such area; (B) the measurements used to evaluate the performance of the High Intensity Gang Activity Area in achieving the long-term and short-term goals described under subparagraph (A); (C) the age, composition, and membership of gangs in each such area; (D) the number and nature of crimes committed by gangs and gang members in each such area; (E) the definition of the term ``gang'' used to compile the information required under this subsection for each such area; and (F) the programmatic outcomes and funding need of each High Intensity Gang Activity Area, including-- (i) an evidence-based analysis of the best practices and outcomes from the work of the relevant local collaborative working group; and (ii) an analysis of whether Federal resources distributed meet the needs of the High Intensity Gang Activity Area and, if any programmatic funding shortfalls exist, recommendations for programs or funding to meet such shortfalls. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to meet any needs identified by the Attorney General or in any report submitted under section 4(d)(2). | Mynisha's Law - Authorizes any local or tribal government to submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. Directs the Attorney General to: (1) establish criteria for reviewing such applications; and (2) establish an Interagency Gang Prevention Task Force in each Area. Directs each Task Force to: (1) coordinate government activities to create a comprehensive gang prevention response, focusing on early childhood intervention, at-risk youth intervention, literacy, employment, community policing, and comprehensive community-based programs such as Operation Cease Fire; (2) coordinate with local and regional gang prevention efforts; (3) prioritize the needs of each Area for funding under specified federal community assistance and grant programs; and (4) report to the Attorney General on the funding needs and programmatic outcomes for each Area. Requires the Attorney General to report to Congress, the Director of the Office of Management and Budget (OMB) and the Domestic Policy Council annually on: (1) the specific long-term and short-term goals and objectives of each Area; (2) the measurements used to evaluate each Area's performance; (3) the gangs and gang crimes committed in each Area; and (5) the programmatic outcomes and funding need of each Area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Protection Not Troll Protection Act''. SEC. 2. PURPOSE. The purpose of this Act is to ensure that the resources of the United States International Trade Commission are focused on protecting genuine domestic industries, to restore confidence with the trading partners of the United States that the Commission will not be a duplicative forum for enforcing intellectual property rights when United States district courts are already available, and to safeguard the public health and welfare and the United States economy (including competitive conditions). SEC. 3. UNFAIR PRACTICES IN IMPORT TRADE. (a) In General.--Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) is amended as follows: (1) Subsection (a) is amended-- (A) in paragraph (3)-- (i) by striking ``or'' at the end of subparagraph (B); (ii) in subparagraph (C), by striking ``engineering, research and development, or licensing.'' and inserting ``engineering and research and development; or''; and (iii) by adding after subparagraph (C) the following: ``(D) substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design.''; (B) by redesignating paragraph (4) as paragraph (5); and (C) by inserting after paragraph (3) the following: ``(4) For purposes of paragraph (3), the complainant may not rely upon activities by its licensees unless the license leads to the adoption and development of articles that incorporate the claimed patent, copyright, trademark, mask work, or design for sale in the United States.''. (2) Subsection (b) is amended-- (A) in paragraph (1), by inserting after the first sentence the following: ``For a complaint under oath, a person may be relied upon to qualify as an industry under subsection (a)(2) only if the person joins the complaint under oath, except that nothing in this sentence shall be construed to compel such a person to join the complaint.''; and (B) by adding at the end the following: ``(4)(A) The Commission shall identify, at the beginning of an investigation, whether the investigation presents a dispositive issue appropriate for an expedited fact finding and an abbreviated hearing limited to that issue, and shall direct the assigned administrative law judge to rule on such issue early in the investigation. The Commission, in its notice of instituting the investigation, shall set out specific timeframes for such expedited fact finding and hearing. ``(B) If the Commission identifies a domestic industry as the dispositive issue in question, the Commission shall direct the assigned administrative law judge to expedite fact finding in the investigation on the domestic industry requirement, including an early evidentiary hearing, and to issue an initial determination on this matter within 100 days after the investigation is instituted. ``(C) Any initial determination by the assigned administrative law judge under subparagraph (A) or (B) shall stay the investigation pending Commission action.''. (3) Subsection (c) is amended-- (A) by striking the first sentence and inserting the following: ``(1) The Commission shall determine, with respect to each investigation conducted by it under this section, whether or not there is a violation of this section, except that the Commission-- ``(A) may, by issuing a consent order or on the basis of an agreement between the private parties to the investigation, including an agreement to present the matter for arbitration, terminate any such investigation, in whole or in part, without making such a determination; or ``(B) may determine during the course of the investigation that the exclusion of the articles under investigation would not be in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, United States consumers, and any other relevant considerations, and terminate any such investigation, in whole or in part, without making any further determination.''; (B) in the second sentence, by striking ``Each determination'' and inserting the following: ``(2) Each determination''; (C) by inserting after ``the Federal Circuit for review in accordance with chapter 7 of title 5, United States Code.'' the following: ``In addition, any person adversely affected by a ruling of the Commission under subsection (b)(4) may appeal such ruling, within 60 days after all administrative remedies are exhausted, to the United States Court of Appeals for the Federal Circuit for review in accordance with chapter 7 of title 5, United States Code. In the event that the Commission's ruling is appealed under this subsection and upon motion by the adversely affected party, the Commission shall stay all further proceedings in the investigation until all appeals are final.''; (D) by striking ``its findings on the public health and welfare, competitive conditions in the United States economy,'' and inserting ``its findings on the public health and welfare, the United States economy (including competitive conditions),''; and (E) by inserting ``by the complainant and its licensees'' after ``the production of like or directly competitive articles''. (4) Subsection (d)(1) is amended by striking the first sentence and inserting the following: ``If the Commission determines, as a result of an investigation under this section, that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, United States consumers, and any other relevant considerations, the Commission shall direct that the articles concerned that are imported by any person violating the provision of this section be excluded from entry into the United States.''. (5) Subsection (e)(1) is amended by striking the first sentence and inserting the following: ``If, during the course of an investigation under this section, the Commission determines that there is reason to believe that there is a violation of this section and that exclusion of the articles concerned would be in the interest of the public, the Commission may direct that the articles concerned that are imported by any person with respect to whom there is reason to believe that such person is violating this section be excluded from entry into the United States, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, United States consumers, and any other relevant considerations.''. (6) Subsection (f)(1) is amended by striking the first sentence and inserting the following: ``In addition to, or in lieu of, taking action under subsection (d) or (e), the Commission may issue and cause to be served on any person violating this section, or believed to be violating this section, as the case may be, an order directing such person to cease and desist from engaging in the unfair methods or acts involved, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensee, United States consumers, and any other relevant considerations.''. (7) Subsection (g)(1) is amended by amending the matter following subparagraph (E) to read as follows: ``the Commission shall presume the facts alleged in the complaint to be true and shall, upon request, issue an exclusion from entry or a cease and desist order, or both, limited to that person, after considering the nature of the articles concerned and the effect of such exclusion upon the public health and welfare, the United States economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, United States consumers, and any other relevant considerations.''. (b) Effective Date.--The amendments made by subsection (a) shall apply to complaints filed under section 337 of the Tariff Act of 1930 on or after the date of the enactment of this Act. | Trade Protection Not Troll Protection Act This bill amends the Tariff Act of 1930, with respect to unfair practices in the import trade, to consider an industry in the United States to exist if there is in the United States substantial investment in licensing activities that leads to the adoption and development of articles that incorporate the patent, copyright, trademark, mask work, or design. If the U.S. International Trade Commission (ITC), at the beginning of an investigation of an alleged unfair practice, identifies a domestic industry as the dispositive issue in question, it shall direct the assigned administrative law judge (ALJ) to: expedite fact finding on the domestic industry requirement, and issue an initial determination on this matter within 100 days after the investigation begins. Any initial determination by the assigned ALJ shall stay the investigation pending ITC action. The ITC may determine during an investigation that exclusion of the articles concerned from entry into the United States would not be in the public interest, and terminate the investigation, in whole or in part, without any further determination, after considering the nature of the articles concerned and the effect of exclusion upon: the public health and welfare, the U.S. economy (including competitive conditions), the production of like or directly competitive articles by the complainant and its licensees, and U.S. consumers. Any person adversely affected by an ITC ruling that identifies a domestic industry as the dispositive issue in question may appeal that ruling, within 60 days after all administrative remedies are exhausted, to the U.S. Court of Appeals for the Federal Circuit. ITC discretion not to exclude any articles concerned, even though an importer has violated the ban on unfair competition, is repealed. If the ITC also determines that exclusion would be in the public interest, it shall direct exclusion of the articles. During an investigation, if the ITC determines there is reason to believe that an unfair import practice has occurred, and exclusion of the articles concerned would be in the public interest, the ITC may direct the exclusion the articles concerned, after considering the factors mentioned above. (Currently the ITC may not direct an exclusion until an investigation concludes and it determines, as a result of the investigation, that an unfair import trade practice has occurred.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Support for Democracy and Human Rights in Ethiopia Act of 2010''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Despite progress and an estimated annual growth rate of nearly 10 percent, Ethiopia remains one of the poorest and most hunger-prone countries in the world, with more than half of the population of 78,000,000 living on less than $1 per day. (2) Since the collapse of the Derg and overthrow of the Mengistu regime in 1991, the Ethiopian Peoples' Revolutionary Democratic Front-led government has overseen the introduction of a multiparty system and the adoption of a new constitution that guarantees economic, social, and cultural rights and states that ``human and democratic rights of peoples and citizens shall be protected.'' (3) Ethiopia and Eritrea fought a bloody border war between 1998 and 2000, and, despite the Algiers Accord ending the conflict and the agreement to abide by the final and binding Ethiopia-Eritrea Border Commission (EEBC) arbitration, the Government of Ethiopia has refused to comply with the final physical demarcation of the border and the Government of Eritrea has expelled the United Nations peacekeeping force, causing regional instability and keeping alive the possibility of a renewed border war. (4) According to the March 2010 report by the United Nations Monitoring Group on Somalia, ``Since the cessation of hostilities between the [Ethiopia and Eritrea] in 2000, Asmara has sought to counter Ethiopian influence in the region and supported armed groups within Ethiopia who oppose the current government. Since 2006, and possibly earlier, Eritrea has supported opposition to the Transitional Federal Government, which it perceives as a proxy for the Government of Ethiopia.'' (5) Sporadic fighting has continued between Ethiopian National Defense Forces (ENDF) and armed opposition Ogaden National Liberation Front (ONLF) in the Somali Region of Ethiopia. Stringent restrictions continue to be placed on media and aid workers, making it difficult for independent observers and aid workers to monitor or respond to the humanitarian and human rights situation, including the behavior of the Ethiopian National Defense Forces, allied militia forces, and the Ogaden National Liberation Front. (6) Credible sources indicate there are ongoing and serious human rights abuses against civilians in the Somali Region, including arbitrary arrests and detentions by military, police and paramilitary forces; allegations of torture in military and police custody, including sexual violence against women and girls; and diversion of food aid intended for civilian communities. (7) In the run up to the 2010 elections, the Ethiopian Parliament passed a number of new laws, including the Charities and Societies Proclamation and the Anti-Terrorism Proclamation, which severely restrict freedom of expression, freedom of association, peaceful assembly, and the right to a fair trial, while broadening the definition of terrorism. (8) The Department of State's 2009 Country Reports on Human Rights Practices states that ``although the constitution and law prohibit the use of torture and mistreatment . . . [o]pposition political party leaders reported frequent and systematic abuse and intimidation of their supporters by police and regional militias'' and that ``opposition UDJ party president Birtukan Mideksa, whose pardon was revoked and life sentence reinstate in December 2008, remain in prison throughout the year. She was held in solitary confinement . . . despite a court ruling that indicate it was a violation of her constitutional rights''. (9) In its 2010 Freedom in the World report, Freedom House noted that, in the run up to elections, Ethiopia saw a ``narrowing of political activity . . .'' and that ``the government cracked down on operations of nongovernmental organizations and . . . a series of arrests of opposition figures''. (10) The European Union Election Observer Mission noted in its preliminary statement on the May 23, 2010 elections, ``The National Electoral Board of Ethiopia administered the electoral process in an efficient and competent manner, but failed to dispel opposition parties' lack of trust in its independence. While several positive improvements have been introduced, the electoral process fell short of certain international commitments, notably regarding the transparency of the process and the lack of a level playing field for all contesting parties.'' (11) In testimony before the Subcommittee on Africa and Global Health of the Committee on Foreign Affairs of the House of Representatives, Assistant Secretary of State for African Affairs Johnnie Carson stated that ``[w]hile the [Ethiopian] elections were calm and peaceful and largely without any kind of violence we note with some degree of remorse that the elections there were not up to international standards,'' and that ``[i]t is important that Ethiopia move forward in strengthening its democratic institutions and when elections are held that it level the playing field to give everyone a free opportunity to participate without fear or favor''. (12) On May 25th, 2010, the National Security Council's spokesman Mike Hammer, released a statement which noted with concern that ``The limitation of independent observation and the harassment of independent media representatives [in Ethiopia] are deeply troubling . . . [and that an] environment conducive to free and fair elections was not in place even before Election Day.'' The statement also noted that ``[i]n recent years, the Ethiopian government has taken steps to restrict political space for the opposition through intimidation and harassment, tighten its control over civil society, and curtail the activities of independent media. We are concerned that these actions have restricted freedom of expression and association and are inconsistent with the Ethiopian government's human rights obligations.'' SEC. 3. STATEMENT OF POLICY. It is the policy of the United States-- (1) to support and encourage efforts by the people and Government of Ethiopia-- (A) to achieve a participatory multiparty democracy, an active and unhindered civil society, rule of law and accountability, judicial capacity and independence, freedom of the press, respect for human rights, and economic development; and (B) to develop a comprehensive strategy to combat extremism and terrorism in a manner consistent with international law; (2) to promote peace and stability, equal access to humanitarian assistance regardless of gender, ethnicity, religion, or political views, and good governance, transparency, and accountability; (3) to seek the unconditional release of all political prisoners and prisoners of conscience in Ethiopia, and the repeal of laws that enable politically motivated arrests without due process; (4) to prohibit funding to any unit of the Ethiopian security forces if the Secretary of State has credible information that such unit has committed a gross violation of human rights, unless the Secretary certifies to the appropriate congressional committees that the Government of Ethiopia is taking effective measures to bring the responsible members of the security forces unit to justice; and (5) to seek a resolution of the ongoing dispute between the Government of Ethiopia and the Government of Eritrea consistent with the Ethiopia-Eritrea Border Commission arbitration decisions on border demarcation, to press the Government of Eritrea to cease all support for armed opposition groups in Ethiopia and the region, and to urge both Governments to contribute constructively to stability throughout the Horn of Africa, especially in Somalia. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that the United States Government should-- (1) build on successful diplomatic efforts that contributed to the October 2007 release of political prisoners in Addis Ababa, and press the Ethiopian government to release Birtukan Mideksa, as well as other political prisoners; (2) urge the Government of Ethiopia to repeal or at a minimum amend the Civil Society Proclamation, the Anti- Terrorism Proclamation, and the Mass Media and Freedom of Information Proclamation in order to genuinely protect the constitutional rights and freedoms of all Ethiopian citizens; (3) press the Government of Ethiopia to allow human rights and humanitarian groups, as well as the media, to have unfettered access to areas of concern throughout the country; (4) encourage and assist the United Nations and other independent organizations and the media to investigate credible reports of gross violations of human rights or international humanitarian law in the Somali region of Ethiopia, to publish any information of serious abuse, and send consistent messages to the Government of Ethiopia that the continuation of such violations or impunity in this region, or Ethiopia more generally, has consequences for relations between the United States and Ethiopia; and (5) encourage the Governments of both Ethiopia and Eritrea to immediately take steps to lessen tensions, physically demarcate the border in accord with the Ethiopia-Eritrea Border Commission decision, and promote normalization of relations between the two countries. SEC. 5. RESTRICTIONS ON ASSISTANCE. (a) Conditions.-- (1) Prohibition of funds.--Notwithstanding any other provision of law, assistance may not be provided to the Government of Ethiopia unless the Secretary of State certifies annually that the Government of Ethiopia has taken demonstrable steps-- (A) to ensure the autonomy and fundamental freedoms of civil society organizations to pursue work on civic education, democratization, good governance, accountability, human rights, and conflict resolution, without excessive government intervention or intimidation; (B) to respect the rights of and permit non-violent political parties to operate free from intimidation and harassment, including releasing opposition political leaders currently imprisoned; (C) to strengthen the independence of its judiciary, including developing the capacity of the judiciary at the national, regional, and local levels; (D) to allow Voice of America and other independent media to operate and broadcast without interference in Ethiopia; (E) to promote respect for human rights and accountability within its security forces, including undertaking credible investigations into any allegations of abuse and ensuring appropriate punishment; and (F) to ensure that humanitarian and development entities, including those of the United Nations, have unfettered access to all regions of the country without prejudice to the political views of recipients. (2) Waiver.--The prohibition included in paragraph (1) shall not apply if the Secretary of State certifies in writing to Congress that waiving such a prohibition is in the national security interest of the United States. (b) Exceptions.--The prohibitions in paragraph (1) shall not apply to-- (1) health and HIV/AIDS assistance; (2) humanitarian assistance; or (3) emergency food aid. (c) Report.--Not later than 120 days after exercising a waiver pursuant to subsection (a)(2), and every 90 days thereafter, the Secretary of State shall submit a report to the appropriate congressional committees assessing progress made by the Government of Ethiopia in the areas set forth in subparagraphs (A) through (F) of subsection (a)(2). SEC. 6. DEFINITIONS. In this Act the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. | Support for Democracy and Human Rights in Ethiopia Act of 2010 - Prohibits assistance to the government of Ethiopia unless the Secretary of State certifies annually that the government of Ethiopia has taken steps to: (1) ensure the freedoms of civil society organizations to pursue work on civic education, democratization, human rights, and conflict resolution; (2) respect the rights of and permit nonviolent political parties to operate free from intimidation, including releasing imprisoned opposition political leaders; (3) strengthen judicial independence; (4) allow Voice of America (VOA) and other independent media to operate without interference; (5) promote respect for human rights within its security forces, including investigating allegations of abuse; and (6) ensure that humanitarian and development entities have access to all regions of the country. Authorizes the Secretary, with a certification to Congress, to waive the prohibition if in the U.S. national security interest. States that the prohibition shall not apply to: (1) health and HIV/AIDS assistance; (2) humanitarian assistance; or (3) emergency food aid. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003''. SEC. 2. ESTABLISHMENT OF OFFICE. (a) In General.--There is established within the National Science Foundation an Office of Minority Serving Institution Digital and Wireless Technology to carry out the provisions of this Act. (b) Purpose.--The Office shall-- (1) strengthen the ability of eligible institutions to provide capacity for instruction in digital and wireless network technologies by providing grants to, or executing contracts or cooperative agreements with, those institutions to provide such instruction; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. SEC. 3. ACTIVITIES SUPPORTED. An eligible institution shall use a grant, contract, or cooperative agreement awarded under this Act-- (1) to acquire the equipment, instrumentation, networking capability, hardware and software, digital network technology, wireless technology, and infrastructure; (2) to develop and provide educational services, including faculty development, related to science, mathematics, engineering, or technology; (3) to provide teacher education, library and media specialist training, and preschool and teacher aid certification to individuals who seek to acquire or enhance technology skills in order to use technology in the classroom or instructional process; (4) to implement joint projects and consortia to provide education regarding technology in the classroom with a State or State education agency, local education agency, community-based organization, national non-profit organization, or business, including minority businesses; (5) to provide professional development in science, mathematics, engineering, or technology to administrators and faculty of eligible institutions with institutional responsibility for technology education; (6) to provide capacity-building technical assistance to eligible institutions through remote technical support, technical assistance workshops, distance learning, new technologies, and other technological applications; (7) to foster the use of information communications technology to increase scientific, mathematical, engineering, and technology instruction and research; and (8) to develop proposals to be submitted under this Act and to develop strategic plans for information technology investments. SEC. 4. APPLICATION AND REVIEW PROCEDURE. (a) In General.--To be eligible to receive a grant, contract, or cooperative agreement under this Act, an eligible institution shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may reasonably require. The Director, in consultation with the advisory council established under subsection (b), shall establish a procedure by which to accept and review such applications and publish an announcement of such procedure, including a statement regarding the availability of funds, in the Federal Register. (b) Advisory Council.--The Director shall establish an advisory council to advise the Director on the best approaches for involving eligible institutions in the activities described in section 3, and for reviewing and evaluating proposals submitted to the program. In selecting the members of the advisory council, the Director may consult with representatives of appropriate organizations, including representatives of eligible institutions, to ensure that the membership of the advisory council reflects participation by technology and telecommunications institutions, minority businesses, eligible institution communities, Federal agency personnel, and other individuals who are knowledgeable about eligible institutions and technology issues. Any panel assembled to review a proposal submitted to the program shall include members from minority serving institutions. Program review criteria shall include consideration of-- (1) demonstrated need for assistance under this Act; and (2) diversity among the types of institutions receiving assistance under this Act. (c) Data Collection.--An eligible institution that receives a grant, contract, or cooperative agreement under section 2 shall provide the Office with any relevant institutional statistical or demographic data requested by the Office. (d) Information Dissemination.--The Director shall convene an annual meeting of eligible institutions receiving grants, contracts, or cooperative agreements under section 2 for the purposes of-- (1) fostering collaboration and capacity-building activities among eligible institutions; and (2) disseminating information and ideas generated by such meetings. SEC. 5. MATCHING REQUIREMENT. The Director may not award a grant, contract, or cooperative agreement to an eligible institution under this Act unless such institution agrees that, with respect to the costs to be incurred by the institution in carrying out the program for which the grant, contract, or cooperative agreement was awarded, such institution will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to \1/4\ of the amount of the grant, contract, or cooperative agreement awarded by the Director, or $500,000, whichever is the lesser amount. The Director shall waive the matching requirement for any institution or consortium with no endowment, or an endowment that has a current dollar value lower than $50,000,000. SEC. 6. LIMITATIONS. (a) In General.--An eligible institution that receives a grant, contract, or cooperative agreement under this Act that exceeds $2,500,000, shall not be eligible to receive another grant, contract, or cooperative agreement under this Act until every other eligible institution that has applied for a grant, contract, or cooperative agreement under this Act has received such a grant, contract, or cooperative. (b) Awards Administered by Eligible Institution.--Each grant, contract, or cooperative agreement awarded under this Act shall be made to, and administered by, an eligible institution, even when it is awarded for the implementation of a consortium or joint project. SEC. 7. ANNUAL REPORT AND EVALUATION. (a) Annual Report Required From Recipients.--Each institution that receives a grant, contract, or cooperative agreement under this Act shall provide an annual report to the Director on its use of the grant, contract, or cooperative agreement. (b) Evaluation by Director.--The Director, in consultation with the Secretary of Education, shall-- (1) review the reports provided under subsection (a) each year; and (2) evaluate the program authorized by section 3 on the basis of those reports every 2 years. (c) Contents of Evaluation.--The Director, in the evaluation, shall describe the activities undertaken by those institutions and shall assess the short-range and long-range impact of activities carried out under the grant, contract, or cooperative agreement on the students, faculty, and staff of the institutions. (d) Report to Congress.--The Director shall submit a report to the Congress based on the evaluation. In the report, the Director shall include such recommendations, including recommendations concerning the continuing need for Federal support of the program, as may be appropriate. SEC. 8. DEFINITIONS. In this Act: (1) Eligible institution.--The term ``eligible institution'' means an institution that is-- (A) a historically Black college or university that is a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), an institution described in section 326(e)(1)(A), (B), or (C) of that Act (20 U.S.C. 1063b(e)(1)(A), (B), or (C)), or a consortium of institutions described in this subparagraph; (B) a Hispanic-serving institution, as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); (C) a tribally controlled college or university, as defined in section 316(b)(3) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)(3)); (D) an Alaska Native-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); (E) a Native Hawaiian-serving institution under section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)); or (F) an institution determined by the Director, in consultation with the Secretary of Education, to have enrolled a substantial number of minority, low-income students during the previous academic year who received assistance under subpart I of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et seq.) for that year. (2) Director.--The term ``Director'' means the Director of the National Science Foundation. (3) Minority business.--The term ``minority business'' includes HUBZone small business concerns (as defined in section 3(p) of the Small Business Act (15 U.S.C. 632(p)). SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Director of the National Science Foundation $250,000,000 for each of the fiscal years 2004 through 2008 to carry out this Act. Passed the Senate April 30, 2003. Attest: EMILY J. REYNOLDS, Secretary. | Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2003 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions.Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions.Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement.Prohibits an institution that receives assistance exceeding $2.5 million from receiving further assistance until every other eligible institution has received assistance under this Act.Requires each institution receiving such assistance to report annually to the Director on its use of such assistance. Requires the Director to review such reports, evaluate such assistance program, and report recommendations to Congress, including recommendations on the continuing need for Federal support of the program.Authorizes appropriations for FY 2004 through 2008. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Fisheries Advisory Committee Act''. SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE. (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 U.S.C. 713c-3), is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the end the following: ``(e) American Fisheries Advisory Committee.-- ``(1) Definitions.--In this subsection: ``(A) Committee.--The term `Committee' means the American Fisheries Advisory Committee established under paragraph (2). ``(B) Fishing community.--The term `fishing community' means harvesters, marketers, growers, processors, recreational fishermen, charter fishermen, and persons providing them with goods and services. ``(C) Marketing and promotion.--The term `marketing and promotion' means an activity aimed at encouraging the consumption of seafood or expanding or maintaining commercial markets for seafood. ``(D) Processor.--The term `processor' means any person in the business of preparing or packaging seafood (including seafood of the processor's own harvesting) for sale. ``(E) Seafood.--The term `seafood' means farm- raised and wild-caught fish, shellfish, or marine algae harvested in the United States or by a United States flagged vessel for human consumption. ``(2) Establishment.--Not later than 90 days after the date of the enactment of the American Fisheries Advisory Committee Act, the Secretary shall establish 6 regions within the American Fisheries Advisory Committee as follows: ``(A) Region 1 shall consist of Alaska, Hawaii, the Commonwealth of the Northern Mariana Islands, and the Territories of Guam and American Samoa. ``(B) Region 2 shall consist of Maine, New Hampshire, Massachusetts, Rhode Island, and Connecticut. ``(C) Region 3 shall consist of Texas, Alabama, Louisiana, Mississippi, Florida, Arkansas, Puerto Rico, and the Territory of the Virgin Islands of the United States. ``(D) Region 4 shall consist of California, Washington, Oregon, and Idaho. ``(E) Region 5 shall consist of New Jersey, New York, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ``(F) Region 6 shall consist of Michigan, Minnesota, Wisconsin, Illinois, Indiana, Ohio, and Pennsylvania. ``(3) Membership.--The Committee shall be composed of the following members: ``(A) Regional representation.--Each of the regions listed in subparagraphs (A) through (F) of paragraph (2) shall be represented on the Committee by 3 members-- ``(i) who are appointed by the Secretary; ``(ii) who reside in a State or territory in the region that the member will represent; ``(iii) of which-- ``(I) one shall have experience as a seafood harvester or processor; ``(II) one shall have experience as recreational or commercial fisher or have experience growing seafood; and ``(III) one shall be an individual who represents the fisheries science community or the relevant Regional Fishery Management Council; and ``(iv) that are selected so that the members of the Committee have experience or expertise with as many seafood species as practicable. ``(B) At-large members.--The Secretary shall appoint to the Committee at-large members as follows: ``(i) One individual with experience in food distribution, marketing, retail, or food service. ``(ii) One individual with experience in the recreational fishing industry supply chain, such as fishermen, manufacturers, retailers, and distributors. ``(iii) One individual with experience in the commercial fishing industry supply chain, such as fishermen, manufacturers, retailers, and distributors. ``(iv) One individual who is an employee of the National Marine Fisheries Service with expertise in fisheries research. ``(C) Balanced representation.--In selecting the members described in subparagraphs (A) and (B), the Secretary shall seek to maximize on the Committee, to the extent practicable, a balanced representation of expertise in United States fisheries, seafood production, and science. ``(4) Member terms.--The term for a member of the Committee shall be 3 years, except that the Secretary shall designate staggered terms for the members initially appointed to the Committee. ``(5) Responsibilities.--The Committee shall be responsible for-- ``(A) identifying needs of the fishing community that may be addressed by a project funded with a grant under subsection (c); ``(B) developing the request for proposals for such grants; ``(C) reviewing applications for such grants; and ``(D) selecting applications for approval under subsection (c)(2)(B). ``(6) Chair.--The Committee shall elect a chair by a majority of those voting, if a quorum is present. ``(7) Quorum.--A simple majority of members of the Committee shall constitute a quorum, but a lesser number may hold hearings. ``(8) Meetings.-- ``(A) Frequency.--The Committee shall meet not more than 2 times each year. ``(B) Location.--The meetings of the Committee shall rotate between the geographic regions described under paragraph (2). ``(C) Minimizing costs.--The Committee shall seek to minimize the operational costs associated with meetings, hearings, or other business of the Committee, including through the use of video or teleconference. ``(9) Designation of staff member.--The Secretary shall designate a staff member to coordinate the activities of the Committee and to assist with administrative and other functions as requested by the Committee. ``(10) Per diem and expenses and funding.-- ``(A) In general.--A member of the Committee shall serve without compensation, but shall be reimbursed in accordance with section 5703 of title 5, United States Code, for reasonable travel costs and expenses incurred in performing duties as a member of the Committee. ``(B) Funding.--The costs of reimbursements under subparagraph (A) and the other costs associated with the Committee shall be paid from funds made available to carry out this section (which may include funds described in subsection (f)(1)(B)), except that no funds allocated for grants under subsection (f)(1)(A) shall be expended for any purpose under this subsection. ``(11) Conflict of interest.--The conflict of interest and recusal provisions set out in section 302(j) of the Magnuson- Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(j)) shall apply to any decision by the Committee and to all members of the Committee as if each member of the Committee is an affected individual within the meaning of such section 302(j), except that in addition to the disclosure requirements of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)), each member of the Committee shall disclose any financial interest or relationship in an organization or with an individual that is applying for a grant under subsection (c) held by the member of the Committee, including an interest as an officer, director, trustee, partner, employee, contractor, agent, or other representative. ``(12) Technical review of applications.-- ``(A) In general.--Prior to review of an application for a grant under subsection (c) by the Committee, the Secretary shall obtain an independent written technical evaluation from 3 or more appropriate Federal, private, or public sector experts (such as industry, academia, or governmental experts) who-- ``(i) have subject matter expertise to determine the technical merit of the proposal in the application; ``(ii) shall independently evaluate each such proposal; and ``(iii) shall certify that the expert does not have a conflict of interest concerning the application that the expert is reviewing. ``(B) Guidance.--Not later than 180 days after the date of enactment of the American Fisheries Advisory Committee Act, the Secretary shall issue guidance related to carrying out the technical evaluations under subparagraph (A). Such guidance shall include criteria for the elimination by the National Oceanic and Atmospheric Administration of applications that fail to meet a minimum level of technical merit as determined by the review described in subparagraph (A).''. (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as follows: ``(3)(A) No application for a grant under this subsection may be approved unless the Secretary-- ``(i) is satisfied that the applicant has the requisite technical and financial capability to carry out the project; and ``(ii) based on the recommendations of the American Fisheries Advisory Committee established in subsection (e), evaluates the proposed project as to-- ``(I) soundness of design; ``(II) the possibilities of securing productive results; ``(III) minimization of duplication with other fisheries research and development projects; ``(IV) the organization and management of the project; ``(V) methods proposed for monitoring and evaluating the success or failure of the project; and ``(VI) such other criteria as the Secretary may require. ``(B) If the Secretary fails to provide funds to a grant selected by the American Fisheries Advisory Committee, the Secretary shall provide a written document to the Committee justifying the decision.''. SEC. 3. EXPANSION OF SPECIFIED PURPOSES OF FISHERIES RESEARCH AND DEVELOPMENT PROJECTS GRANTS PROGRAM TO INCLUDE FISHERIES RESEARCH AND DEVELOPMENT PROJECTS. Section 2(c)(1) of the Act of August 11, 1939 (15 U.S.C. 713c- 3(c)(1)) is amended by inserting fisheries science, recreational fishing, before harvesting,. SEC. 4. PUBLIC AVAILABILITY OF GRANTS PROPOSALS. Section 2(c) of the Act of August 11, 1939 (15 U.S.C. 713c-3(c)), is amended by adding at the end the following: ``(6) Any person awarded a grant under this subsection shall make publicly available a title and abstract of the project to be carried out by the grant funds that serves as the public justification for funding the project that includes a statement describing how the project serves to enhance United States fisheries, including harvesting, processing, marketing, and associated infrastructures, if applicable.''. Passed the Senate August 22, 2018. Attest: JULIE E. ADAMS, Secretary. | American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee to advise on an existing grant program to address the needs of fishing communities, optimize economic benefits by building and maintaining sustainable fisheries, and increase opportunities to keep working waterfronts viable. NOAA must establish six regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA may not approve a grant application unlessthe application selected for funding meets the proposal criteria developed by the committee. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Business Center Act of 2009''. SEC. 2. VETERANS BUSINESS CENTER PROGRAM. Section 32 of the Small Business Act (15 U.S.C. 657b) is amended-- (1) in subsection (f), by inserting ``(other than subsections (g), (h), and (i))'' after ``this section''; and (2) by adding at the end the following: ``(g) Veterans Business Center Program.-- ``(1) In general.--The Administrator shall establish a Veterans Business Center program within the Administration to provide entrepreneurial training and counseling to veterans in accordance with this subsection. ``(2) Director.--The Administrator shall appoint a Director of the Veterans Business Center program, who shall implement and oversee such program and who shall report directly to the Associate Administrator for Veterans Business Development. ``(3) Designation of veterans business centers.--The Director shall establish by regulation an application, review, and notification process to designate entities as veterans business centers for purposes of this section. The Director shall make publicly known the designation of an entity as a veterans business center and the award of a grant to such center under this subsection. ``(4) Funding for veterans business centers.-- ``(A) Initial grants.--The Director is authorized to make a grant (hereinafter in this subsection referred to as an `initial grant') to each veterans business center each year for not more than 5 years in the amount of $200,000. ``(B) Growth funding grants.--After a veterans business center has received 5 years of initial grants under subparagraph (A), the Director is authorized to make a grant (hereinafter in this subsection referred to as a `growth funding grant') to such center each year for not more than 3 years in the amount of $150,000. After such center has received 3 years of growth funding grants, the Director shall require such center to meet performance benchmarks established by the Director to be eligible for growth funding grants in subsequent years. ``(5) Center responsibilities.--Each veterans business center receiving a grant under this subsection shall use the funds primarily on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. ``(6) Matching funds.--Each veterans business center receiving a grant under this subsection shall be required to provide a non-Federal match of 50 percent of the Federal funds such center receives under this subsection. The Director may issue to a veterans business center, upon request, a waiver from all or a portion of such matching requirement upon a determination of hardship. The Director may waive the matching funds requirement under this paragraph with respect to veterans business centers that serve communities with a per capita income less than 75 percent of the national per capita income and an unemployment rate at least 150 percent higher than the national average. ``(7) Targeted areas.--The Director shall give priority to applications for designations and grants under this subsection that will establish a veterans business center in a geographic area, as determined by the Director, that is not currently served by a veterans business center and in which-- ``(A) the population of veterans exceeds the national median of such measure; or ``(B) the population of veterans of Operation Iraqi Freedom or Operation Enduring Freedom exceeds the national median of such measure. ``(8) Training program.--The Director shall develop and implement, directly or by contract, an annual training program for the staff and personnel of designated veterans business centers to provide education, support, and information on best practices with respect to the establishment and operation of such centers. The Director shall develop such training program in consultation with veterans business centers, the interagency task force established under subsection (c), and veterans service organizations. ``(9) Inclusion of other organizations in program.--Upon the date of the enactment of this subsection, each Veterans Business Outreach Center established by the Administrator under the authority of section 8(b)(17) and each center that received funds during fiscal year 2006 from the National Veterans Business Development Corporation established under section 33 and that remains in operation shall be treated as designated as a veterans business center for purposes of this subsection and shall be eligible for grants under this subsection. ``(10) Rural areas.--The Director shall submit annually to the Administrator a report on whether a sufficient percentage, as determined by the Director, of veterans in rural areas have adequate access to a veterans business center. If the Director submits a report under this paragraph that does not demonstrate that a sufficient percentage of veterans in rural areas have adequate access to a veterans business center, the Director shall give priority during the 1-year period following the date of the submission of such report to applications for designations and grants under this subsection that will establish veterans business centers in rural areas. ``(11) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $12,000,000 for fiscal year 2010 and $14,000,000 for fiscal year 2011. ``(h) Additional Grants Available to Veterans Business Centers.-- ``(1) Access to capital grant program.-- ``(A) In general.--The Director of the Veterans Business Center program shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing specialized programs to assist veteran-owned small businesses to secure capital and repair damaged credit. ``(ii) Providing informational seminars on securing loans to veteran-owned small businesses. ``(iii) Providing one-on-one counseling to veteran-owned small businesses to improve the financial presentations of such businesses to lenders. ``(iv) Facilitating the access of veteran- owned small businesses to both traditional and non-traditional financing sources. ``(v) Providing one-on-one or group counseling to owners of small business concerns who are members of the reserve components of the armed forces, as specified in section 10101 of title 10, United States Code, to assist such owners to effectively prepare their small businesses for periods when such owners are deployed in support of a contingency operation. ``(vi) Developing specialized programs to assist unemployed veterans to become entrepreneurs. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(2) Procurement assistance grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Assisting veteran-owned small businesses to identify contracts that are suitable to such businesses. ``(ii) Preparing veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) through training and business advisement, particularly with respect to the construction trades. ``(iii) Providing veteran-owned small businesses technical assistance with respect to the Federal procurement process, including assisting such businesses to comply with Federal regulations and bonding requirements. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(3) Service-disabled veteran-owned small business grant program.-- ``(A) In general.--The Director shall establish a grant program under which the Director is authorized to make, to veterans business centers designated under subsection (g), grants for the following: ``(i) Developing outreach programs for service-disabled veterans to promote self- employment opportunities. ``(ii) Providing training to service- disabled veterans with respect to business plan development, marketing, budgeting, accounting, and merchandising. ``(iii) Assisting service-disabled veteran- owned small businesses to locate and secure business opportunities. ``(B) Award size.--The Director may not award a veterans business center more than $75,000 in grants under this paragraph. ``(C) Authorization of appropriations.--There is authorized to be appropriated to carry out this paragraph $1,500,000 for each of fiscal years 2010 and 2011. ``(i) Veterans Entrepreneurial Development Summit.-- ``(1) In general.--The Director of the Veterans Business Center program is authorized to carry out an event, once every two years, for the purpose of providing networking opportunities, outreach, education, training, and support to veterans business centers funded under this section, veteran- owned small businesses, veterans service organizations, and other entities as determined appropriate for inclusion by the Director. Such event shall include education and training with respect to improving outreach to veterans in areas of high unemployment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $450,000 for fiscal years 2010 and 2011. ``(j) Inclusion of Surviving Spouses.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(2) The term `veteran-owned small business' includes a small business owned by a surviving spouse of the following: ``(A) A member of the Armed Forces, including a reserve component thereof. ``(B) A veteran. ``(k) Inclusion of Reserve Components.--For purposes of subsections (g), (h), and (i) the following apply: ``(1) The term `veteran' includes a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code. ``(2) The term `veteran-owned small business' includes a small business owned by a member of the reserve components of the armed forces as specified in section 10101 of title 10, United States Code.''. SEC. 3. REPORTING REQUIREMENT FOR INTERAGENCY TASK FORCE. Section 32(c) of the Small Business Act (15 U.S.C. 657b(c)) is amended by adding at the end the following: ``(4) Report.--The Administrator shall submit to Congress biannually a report on the appointments made to and activities of the task force.''. SEC. 4. COMPTROLLER GENERAL STUDY OF SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY VETERANS. The Comptroller General shall carry out a study on the effects of this Act and the amendments made by this Act on small business concerns owned and controlled by veterans and submit to Congress a report on the results of such study. Such report shall include the recommendations of the Comptroller General with respect to how this Act and the amendments made by this Act may be implemented to more effectively serve small business concerns owned and controlled by veterans. Passed the House of Representatives July 28, 2009. Attest: LORRAINE C. MILLER, Clerk. | Veterans Business Center Act of 2009 - (Sec. 2) Amends the Small Business Act to direct the Administrator of the Small Business Administration (SBA) to establish within the SBA a Veterans Business Center program (program), headed by a Director, to provide entrepreneurial training and counseling to veterans. Authorizes the Director to make grants to each entity designated by the Director as a veterans business center (center). Authorizes the Director to make both initial and growth funding grants under the program. Requires each center to use such funds on veteran entrepreneurial development, counseling of veteran-owned small businesses through one-on-one instruction and classes, and providing government procurement assistance to veterans. Requires a 50% non-federal funding match for participating centers, but authorizes the Director to waive such requirement with respect to centers located in certain low-income or high unemployment areas. Requires the Director to give priority to applications that will establish a center in an area in which the population of veterans, or veterans of Operations Iraqi Freedom or Enduring Freedom, exceeds the national median. Requires the Director to: (1) develop and implement an annual training program for staff and personnel of such centers; and (2) report annually to the Administrator on whether a sufficient percentage of veterans in rural areas have adequate access to a center. Authorizes appropriations. Requires the Director to establish a grant program under which the Director is authorized to make grants to centers that will develop specialized programs to assist veteran-owned small businesses in securing capital and repairing damaged credit, counsel on how to improve financial presentations, facilitate access to financing, and assist unemployed veterans become entrepreneurs. Authorizes appropriations. Requires the Director to establish a grant program under which the Director is authorized to make grants to centers to: (1) assist veteran-owned small businesses to identify contracts that are suitable to such businesses; (2) prepare veteran-owned small businesses to be ready as subcontractors and prime contractors for contracts made available through the American Recovery and Reinvestment Act of 2009, particularly with respect to the construction trades; and (3) provide veteran-owned small businesses technical assistance with respect to the federal procurement process. Authorizes appropriations. Requires the Director to establish a grant program which the Director is authorized to make grants to centers to develop outreach programs for service-disabled veterans to promote self-employment opportunities and to train and assist such veterans with respect to developing business plans and securing business opportunities. Authorizes appropriations. Authorizes the Director to carry out, every two years, a veterans entrepreneurial development summit, which shall include education and training on improving outreach to veterans in areas of high unemployment. Authorizes appropriations. (Sec. 3) Requires an annual report from the Administrator to Congress on appointments made to, and activities of, the interagency task force on veteran-owned small businesses. (Sec. 4) Directs the Comptroller General to carry out, and report to Congress on, a study of the effects of this Act on small businesses owned and controlled by veterans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Guam World War II Loyalty Recognition Act''. SEC. 2. RECOGNITION OF THE SUFFERING AND LOYALTY OF THE RESIDENTS OF GUAM. (a) Recognition of the Suffering of the Residents of Guam.--The United States recognizes that, as described by the Guam War Claims Review Commission, the residents of Guam, on account of their United States nationality, suffered unspeakable harm as a result of the occupation of Guam by Imperial Japanese military forces during World War II, by being subjected to death, rape, severe personal injury, personal injury, forced labor, forced march, or internment. (b) Recognition of the Loyalty of the Residents of Guam.--The United States forever will be grateful to the residents of Guam for their steadfast loyalty to the United States of America, as demonstrated by the countless acts of courage they performed despite the threat of death or great bodily harm they faced at the hands of the Imperial Japanese military forces that occupied Guam during World War II. SEC. 3. PAYMENTS FOR GUAM WORLD WAR II CLAIMS. (a) Payments for Death, Personal Injury, Forced Labor, Forced March, and Internment.--Subject to the availability of appropriations authorized to be appropriated under section 6(a), after receipt of certification pursuant to section 4(b)(8) and in accordance with the provisions of this title, the Secretary of the Treasury shall make payments as follows: (1) Residents injured.--Before any payments are made to individuals described in paragraph (2), the Secretary shall pay compensable Guam victims who are not deceased as follows: (A) If the victim has suffered an injury described in subsection (c)(2)(A), $15,000. (B) If the victim is not described in subparagraph (A) but has suffered an injury described in subsection (c)(2)(B), $12,000. (C) If the victim is not described in subparagraph (A) or (B) but has suffered an injury described in subsection (c)(2)(C), $10,000. (2) Survivors of residents who died in war.--In the case of a compensable Guam decedent, the Secretary shall pay $25,000 for distribution to eligible survivors of the decedent as specified in subsection (b). The Secretary shall make payments under this paragraph after payments are made under paragraph (1). (b) Distribution of Survivor Payments.--Payments under paragraph (2) of subsection (a) to eligible survivors of an individual who is a compensable Guam decedent shall be made as follows: (1) If there is living a spouse of the individual, but no child of the individual, all of the payment shall be made to such spouse. (2) If there is living a spouse of the individual and one or more children of the individual, one-half of the payment shall be made to the spouse and the other half to the child (or to the children in equal shares). (3) If there is no living spouse of the individual, but there are one or more children of the individual alive, all of the payment shall be made to such child (or to such children in equal shares). (4) If there is no living spouse or child of the individual but there is a living parent (or parents) of the individual, all of the payment shall be made to the parent (or to the parents in equal shares). (5) If there is no such living spouse, child, or parent, no payment shall be made. (c) Definitions.--For purposes of this title: (1) Compensable guam decedent.--The term ``compensable Guam decedent'' means an individual determined under section 4 to have been a resident of Guam who died or was killed as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, and whose death would have been compensable under the Guam Meritorious Claims Act of 1945 (Public Law 79-224) if a timely claim had been filed under the terms of such Act. (2) Compensable guam victim.--The term ``compensable Guam victim'' means an individual determined under section 4 to have suffered, as a result of the attack and occupation of Guam by Imperial Japanese military forces during World War II, or incident to the liberation of Guam by United States military forces, any of the following: (A) Rape or severe personal injury (such as loss of a limb, dismemberment, or paralysis). (B) Forced labor or a personal injury not under subparagraph (A) (such as disfigurement, scarring, or burns). (C) Forced march, internment, or hiding to evade internment. (3) Definitions of severe personal injuries and personal injuries.--The Foreign Claims Settlement Commission shall promulgate regulations to specify injuries that constitute a severe personal injury or a personal injury for purposes of subparagraphs (A) and (B), respectively, of paragraph (2). SEC. 4. ADJUDICATION. (a) Authority of Foreign Claims Settlement Commission.-- (1) In general.--The Foreign Claims Settlement Commission is authorized to adjudicate claims and determine eligibility for payments under section 3. (2) Rules and regulations.--The chairman of the Foreign Claims Settlement Commission shall prescribe such rules and regulations as may be necessary to enable it to carry out its functions under this title. Such rules and regulations shall be published in the Federal Register. (b) Claims Submitted for Payments.-- (1) Submittal of claim.--For purposes of subsection (a)(1) and subject to paragraph (2), the Foreign Claims Settlement Commission may not determine an individual is eligible for a payment under section 3 unless the individual submits to the Commission a claim in such manner and form and containing such information as the Commission specifies. (2) Filing period for claims and notice.--All claims for a payment under section 3 shall be filed within one year after the Foreign Claims Settlement Commission publishes public notice of the filing period in the Federal Register. The Foreign Claims Settlement Commission shall provide for the notice required under the previous sentence not later than 180 days after the date of the enactment of this title. In addition, the Commission shall cause to be publicized the public notice of the deadline for filing claims in newspaper, radio, and television media on Guam. (3) Adjudicatory decisions.--The decision of the Foreign Claims Settlement Commission on each claim shall be by majority vote, shall be in writing, and shall state the reasons for the approval or denial of the claim. If approved, the decision shall also state the amount of the payment awarded and the distribution, if any, to be made of the payment. (4) Deductions in payment.--The Foreign Claims Settlement Commission shall deduct, from potential payments, amounts previously paid under the Guam Meritorious Claims Act of 1945 (Public Law 79-224). (5) Interest.--No interest shall be paid on payments awarded by the Foreign Claims Settlement Commission. (6) Remuneration prohibited.--No remuneration on account of representational services rendered on behalf of any claimant in connection with any claim filed with the Foreign Claims Settlement Commission under this title shall exceed one percent of the total amount paid pursuant to any payment certified under the provisions of this title on account of such claim. Any agreement to the contrary shall be unlawful and void. Whoever demands or receives, on account of services so rendered, any remuneration in excess of the maximum permitted by this section shall be fined not more than $5,000 or imprisoned not more than 12 months, or both. (7) Appeals and finality.--Objections and appeals of decisions of the Foreign Claims Settlement Commission shall be to the Commission, and upon rehearing, the decision in each claim shall be final, and not subject to further review by any court or agency. (8) Certifications for payment.--After a decision approving a claim becomes final, the chairman of the Foreign Claims Settlement Commission shall certify it to the Secretary of the Treasury for authorization of a payment under section 3. (9) Treatment of affidavits.--For purposes of section 3 and subject to paragraph (2), the Foreign Claims Settlement Commission shall treat a claim that is accompanied by an affidavit of an individual that attests to all of the material facts required for establishing eligibility of such individual for payment under such section as establishing a prima facie case of the individual's eligibility for such payment without the need for further documentation, except as the Commission may otherwise require. Such material facts shall include, with respect to a claim under paragraph (2) or (3) of section 3(a), a detailed description of the injury or other circumstance supporting the claim involved, including the level of payment sought. (10) Release of related claims.--Acceptance of payment under section 3 by an individual for a claim related to a compensable Guam decedent or a compensable Guam victim shall be in full satisfaction of all claims related to such decedent or victim, respectively, arising under the Guam Meritorious Claims Act of 1945 (Public Law 79-224), the implementing regulations issued by the United States Navy pursuant thereto, or this title. SEC. 5. GRANTS PROGRAM TO MEMORIALIZE THE OCCUPATION OF GUAM DURING WORLD WAR II. (a) Establishment.--Subject to section 6(b) and in accordance with this section, the Secretary of the Interior shall establish a grants program under which the Secretary shall award grants for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II, honor the loyalty of the people of Guam during such occupation, or both, for purposes of appropriately illuminating and interpreting the causes and circumstances of such occupation and other similar occupations during a war. (b) Eligibility.--The Secretary of the Interior may not award to a person a grant under subsection (a) unless such person submits an application to the Secretary for such grant, in such time, manner, and form and containing such information as the Secretary specifies. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Guam World War II Claims Payments and Adjudication.--For purposes of carrying out sections 3 and 4, there are authorized to be appropriated $100,000,000, to remain available for obligation until September 30, 2016, to the Foreign Claims Settlement Commission. Not more than 5 percent of funds made available under this subsection shall be used for administrative costs. (b) Guam World War II Grants Program.--For purposes of carrying out section 5, there are authorized to be appropriated $5,000,000, to remain available for obligation until September 30, 2016. | Guam World War II Loyalty Recognition Act - Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II. Directs the Secretary of the Treasury to make specified payments to: (1) living Guam residents who were raped, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; and (2) survivors of compensable residents who died in war (such payments to be made after payments have been made to surviving Guam residents). Directs the Foreign Claims Settlement Commission to specify injuries that would constitute a severe personal injury or a personal injury. Authorizes the Commission to adjudicate claims and determine payment eligibility. Requires: (1) claims to be filed within one year after the Commission publishes public notice of the filing period in the Federal Register; and (2) the Commission to make filing period information available to the public through the media in Guam. Directs the Secretary of the Interior to establish a grant program for research, educational, and media activities that memorialize the events surrounding the occupation of Guam during World War II or honor the loyalty of the people of Guam during such occupation, or both. |
SECTION 1. ANNUAL REPORT BY SECRETARY OF THE TREASURY. Not later than March 1 of each year, the Secretary of the Treasury shall submit to the Congress a report that identifies each country that is a country of concern because the government of that country, or persons or entities that are in, or are nationals of, that country, are providing financial support for domestic terrorism or international terrorism. The report shall include the information on which the Secretary relied in determining whether or not each country is such a country of concern. SEC. 2. WITHHOLDING OF ASSISTANCE; WITHHOLDING OF ACCESS TO FINANCIAL INSTITUTIONS; SPECIAL MEASURES. (a) Withholding of Bilateral Assistance; Opposition to Multilateral Development Assistance; Special Measures.-- (1) Bilateral assistance.--Fifty percent of the United States assistance allocated each fiscal year in the report required by section 653 of the Foreign Assistance Act of 1961 for each country of concern listed in the report submitted to Congress under section 1 shall be withheld from obligation and expenditure, except as provided in subsection (c). This paragraph shall not apply with respect to a country if the President determines that its application to that country would be contrary to the national interest of the United States, except that any such determination shall not take effect until at least 15 days after the President submits written notification of that determination to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A of the Foreign Assistance Act of 1961. (2) Multilateral assistance.--The Secretary of the Treasury shall instruct the United States Executive Director of each multilateral development bank to vote, on and after March 1 of each year, against any loan or other utilization of the funds of their respective institution to or for any country of concern listed in the report submitted under section 1, except as provided in subsection (c). For purposes of this paragraph, the term ``multilateral development bank'' means the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, and the European Bank for Reconstruction and Development. (3) Special measures.--The Secretary of the Treasury may require domestic financial agencies to take 1 or more of the special measures described in section 5318A(c) of title 31, United States Code, with respect to a country of concern identified in the most recent report submitted under section 1, including financial institutions operating outside the United States engaging in financial transactions in that country with nationals or entities of that country, to the same extent as if such country or financial institution were of primary money laundering concern under such section 5318A. (b) Certification Procedures.-- (1) What must be certified.--Subject to subsection (c), the assistance withheld from a country pursuant to subsection (a)(1) may be obligated and expended, the requirement of subsection (a)(2) to vote against multilateral development bank assistance to a country shall not apply, and subsection (a)(3) shall not apply, if the President determines and certifies to the Congress, at the time of the submission of the report required by section 1, that-- (A) during the previous year the country has cooperated fully with the United States, or has taken adequate steps on its own, to terminate the provision of financial support for domestic terrorism or international terrorism, as the case may be, by the government of that country or by persons or entities that are in, or are nationals of, that country; or (B) for a country that would not otherwise qualify for certification under subparagraph (A), the vital national interests of the United States require that the assistance withheld pursuant to subsection (a)(1) be provided, that the United States not vote against multilateral development bank assistance for that country pursuant to subsection (a)(2), and that subsection (a)(3) not apply to that country. (2) Information to be included in national interest certification.--If the President makes a certification with respect to a country pursuant to paragraph (1)(B), the President shall include in such certification-- (A) a full and complete description of the vital national interests placed at risk if United States bilateral assistance to that country is terminated pursuant to this section, multilateral development bank assistance is not provided to such country, and special measures are imposed under subsection (a)(3) with respect to that country; and (B) a statement weighing the risk described in subparagraph (A) against the risks posed to the vital national interests of the United States by the failure of such country to cooperate fully with the United States, or to take adequate steps on its own, to terminate the provision of financial support for domestic terrorism or international terrorism, as the case may be. (c) Congressional Review.--Subsection (d) shall apply if, within 30 calendar days after receipt of a certification submitted under subsection (b) at the time of submission of the report required by section 1, the Congress enacts a joint resolution disapproving the determination of the President contained in such certification. (d) Consequences for Countries Decertified.--If the President does not make a certification under subsection (b) with respect to a country or the Congress enacts a joint resolution disapproving such certification, then until such time as the conditions specified in subsection (e) are satisfied-- (1) funds may not be obligated for United States assistance for that country, and funds previously obligated for United States assistance for that country may not be expended for the purpose of providing assistance for that country; (2) the requirement to vote against multilateral development bank assistance pursuant to subsection (a)(2) shall apply with respect to that country, without regard to the date specified in that subsection; and (3) subsection (a)(3) shall apply with respect to that country. (e) Recertification.--Subsection (d) shall apply to a country described in that subsection until-- (1) the President, at the time of submission of the report required by section 1, makes a certification under subsection (b)(1)(A) or (b)(1)(B) with respect to that country, and the Congress does not enact a joint resolution under subsection (d) disapproving the determination of the President contained in that certification; or (2) the President, at any other time, makes the certification described in subsection (b)(1)(B) with respect to that country, except that this paragraph applies only if either-- (A) the President also certifies that-- (i) that country has undergone a fundamental change in government; or (ii) there has been a fundamental change in the conditions that were the reason-- (I) why the President had not made a certification with respect to that country under subsection (b)(1)(A); or (II) if the President had made such a certification and the Congress enacted a joint resolution disapproving the determination contained in the certification, why the Congress enacted that joint resolution; or (B) the Congress enacts a joint resolution approving the determination contained in the certification under subsection (b)(1)(B). Any certification under subparagraph (A) of paragraph (2) shall discuss the justification for the certification. (f) Senate Procedures.--Any joint resolution under this section shall be considered in the Senate in accordance with the provisions of section 601(b) of the International Security Assistance and Arms Export Control Act of 1976. SEC. 3. DEFINITIONS. In this Act: (1) Financial support.--The term ``financial support'' includes funds, currency or monetary instruments or financial securities, and financial sources. (2) Terrorism.--The terms ``domestic terrorism'' and ``international terrorism'' have the meanings given those terms in section 2331 of title 18, United States Code. | Directs the Secretary of the Treasury to identify and report annually on countries of concern whose governments, nationals, or entities finance domestic or international terrorism. Requires with respect to such countries: (1) withholding of 50 percent of bilateral assistance; and (2) withholding of access to financial institution multilateral assistance. Authorizes the Secretary to require domestic financial institutions to take special measures with respect to a country of concern, including financial institutions operating outside the United States engaging in financial transactions in such country to the same extent as if such country or financial institution were of primary money laundering concern. Exempts a country from such prohibitions if the President certifies to Congress that: (1) during the previous year the country has cooperated fully with the United States or has taken adequate steps to terminate financial support for terrorism; or (2) for a country that would not otherwise qualify for such certification, vital U.S. national interests apply. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Truth in Caller ID Act of 2009''. SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended-- (1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and (2) by inserting after subsection (d) the following new subsection: ``(e) Prohibition on Provision of Inaccurate Caller Identification Information.-- ``(1) In general.--It shall be unlawful for any person within the United States, in connection with any telecommunications service or IP-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B). ``(2) Protection for blocking caller identification information.--Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit caller identification information. ``(3) Regulations.-- ``(A) In general.--Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission shall prescribe regulations to implement this subsection. ``(B) Content of regulations.-- ``(i) In general.--The regulations required under subparagraph (A) shall include such exemptions from the prohibition under paragraph (1) as the Commission determines is appropriate. ``(ii) Specific exemption for law enforcement agencies or court orders.--The regulations required under subparagraph (A) shall exempt from the prohibition under paragraph (1) transmissions in connection with-- ``(I) any authorized activity of a law enforcement agency; or ``(II) a court order that specifically authorizes the use of caller identification manipulation. ``(4) Report.--Not later than 6 months after the enactment of the Truth in Caller ID Act of 2009, the Commission shall report to Congress whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice service. ``(5) Penalties.-- ``(A) Civil forfeiture.-- ``(i) In general.--Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $1,000,000 for any single act or failure to act. ``(ii) Recovery.--Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a). ``(iii) Procedure.--No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice required by section 503(b)(3) or section 503(b)(4). ``(iv) 2-year statute of limitations.--No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance of the required notice or notice or apparent liability. ``(B) Criminal fine.--Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions of section 501 relating to imprisonment or the imposition of a penalty of both fine and imprisonment. ``(6) Enforcement by states.-- ``(A) In general.--The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection. ``(B) Notice.--The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under subparagraph (A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action. ``(C) Authority to intervene.--Upon receiving the notice required by subparagraph (B), the Commission shall have the right-- ``(i) to intervene in the action; ``(ii) upon so intervening, to be heard on all matters arising therein; and ``(iii) to file petitions for appeal. ``(D) Construction.--For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other State officer from exercising the powers conferred on that officer by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. ``(E) Venue; service or process.-- ``(i) Venue.--An action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. ``(ii) Service of process.--In an action brought under subparagraph (A)-- ``(I) process may be served without regard to the territorial limits of the district or of the State in which the action is instituted; and ``(II) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person. ``(7) Effect on other laws.--This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States. ``(8) Definitions.--For purposes of this subsection: ``(A) Caller identification information.--The term `caller identification information' means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. ``(B) Caller identification service.--The term `caller identification service' means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service or IP-enabled voice service. Such term includes automatic number identification services. ``(C) IP-enabled voice service.--The term `IP-enabled voice service' has the meaning given that term by section 9.3 of the Commission's regulations (47 C.F.R. 9.3), as those regulations may be amended by the Commission from time to time. ``(9) Limitation.--Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Truth in Caller ID Act of 2009 - Amends the Communications Act of 1934 to make it unlawful for any person in the United States, in connection with any telecommunications service or Internet protocol (IP)-enabled voice service, to cause any caller identification (ID) service to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, unless such transmission is exempted in connection with: (1) authorized activities of law enforcement agencies; or (2) a court order specifically authorizing the use of caller ID manipulation. Prohibits anything in this Act from being construed as preventing or restricting any person from blocking any caller identification service. Requires a related report by the Federal Communications Commission (FCC) to Congress. Provides civil and criminal penalties for violations. Allows enforcement by states (with authorized intervention by the FCC). Declares that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a state's political subdivision, or of a U.S. intelligence agency. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Unemployment Compensation Extension Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION Sec. 101. References. Sec. 102. Extension of the Temporary Extended Unemployment Compensation Act of 2002. Sec. 103. Entitlement to additional weeks of temporary extended unemployment compensation. Sec. 104. TEUC-X trigger fix. TITLE II--RAILROAD UNEMPLOYMENT INSURANCE Sec. 201. Temporary increase in extended unemployment benefits under the Railroad Unemployment Insurance Act. TITLE I--TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION SEC. 101. REFERENCES. Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note). SEC. 102. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002. (a) Six-Month Extension of Program.--Section 208 is amended to read as follows: ``SEC. 208. APPLICABILITY. ``(a) In General.--Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment-- ``(1) beginning after the date on which such agreement is entered into; and ``(2) ending before July 1, 2004. ``(b) Transition.--In the case of an individual who is receiving temporary extended unemployment compensation for the week which immediately precedes the first day of the week that includes July 1, 2004, temporary extended unemployment compensation shall continue to be payable to such individual for any week thereafter from the account from which such individual received compensation for the week immediately preceding that termination date. No compensation shall be payable by reason of the preceding sentence for any week beginning after December 31, 2004.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note). SEC. 103. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION. (a) Weeks of TEUC Amounts.--Paragraph (1) of section 203(b) is amended to read as follows: ``(1) In general.--The amount established in an account under subsection (a) shall be equal to 26 times the individual's weekly benefit amount for the benefit year.''. (b) Weeks of TEUC-X Amounts.--Section 203(c)(1) is amended by striking ``an amount equal to the amount originally established in such account (as determined under subsection (b)(1))'' and inserting ``7 times the individual's weekly benefit amount for the benefit year''. (c) Effective Date.-- (1) In general.--The amendments made by this section-- (A) shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 26 U.S.C. 3304 note); but (B) shall apply only with respect to weeks of unemployment beginning on or after the date of enactment of this Act, subject to paragraph (2). (2) Special rules.--In the case of an individual for whom a temporary extended unemployment compensation account was established before the date of enactment of this Act, the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this title) shall be applied subject to the following: (A) Any amounts deposited in the individual's temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as ``TEUC-X amounts'') before the date of enactment of this Act shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as ``TEUC amounts''), as amended by subsection (a). (B) For purposes of determining whether the individual is eligible for any TEUC-X amounts under such Act, as amended by this title-- (i) any determination made under section 203(c) of such Act before the application of the amendments made by this title shall be disregarded; and (ii) any such determination shall instead be made by applying section 203(c) of such Act, as amended by this title-- (I) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as amended by this title, and including any amounts described in subparagraph (A)) are in fact exhausted, except that (II) if such individual's account was both augmented by and exhausted of all TEUC-X amounts before the date of enactment of this Act, such determination shall be made as if exhaustion (as described in section 203(c)(1) of such Act) had not occurred until such date of enactment. SEC. 104. TEUC-X TRIGGER FIX. Section 203(c)(2)(B) is amended to read as follows: ``(B) such a period would then be in effect for such State under such Act if-- ``(i) section 203(d) of such Act were applied as if it had been amended by striking `5' each place it appears and inserting `4'; and ``(ii) with respect to weeks of unemployment beginning on or after the date of enactment of this clause-- ``(I) paragraph (1)(A) of such section 203(d) did not apply; and ``(II) clause (ii) of section 203(f)(1)(A) of such Act did not apply.''. TITLE II--RAILROAD UNEMPLOYMENT INSURANCE SEC. 201. TEMPORARY INCREASE IN EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. Section 2(c)(2) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)) is amended by adding at the end the following: ``(D) Temporary increase in extended unemployment benefits.-- ``(i) Employees with 10 or more years of service.--Subject to clause (iii), in the case of an employee who has 10 or more years of service (as so defined), with respect to extended unemployment benefits-- ``(I) subparagraph (A) shall be applied by substituting ``130 days of unemployment'' for ``65 days of unemployment''; and ``(II) subparagraph (B) shall be applied by inserting ``(or, in the case of unemployment benefits, 13 consecutive 14-day periods'' after ``7 consecutive 14-day periods''. ``(ii) Employees with less than 10 years of service.--Subject to clause (iii), in the case of an employee who has less than 10 years of service (as so defined), with respect to extended unemployment benefits, this paragraph shall apply to such an employee in the same manner as this paragraph would apply to an employee described in clause (i) if such clause had not been enacted. ``(iii) Application.--The provisions of clauses (i) and (ii) shall apply to an employee who received normal benefits for days of unemployment under this Act during the period beginning on July 1, 2002, and ending before July 1, 2004.''. | Unemployment Compensation Extension Act - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to: (1) extend the TEUC program; (2) provide for additional weeks of TEUC and TEUC-X benefits; and (3) revise unemployment rate triggers for TEUC-X benefit periods. Extends the TEUC program through weeks of unemployment ending before July 1, 2004. Provides a phase-out period for individual payments up to weeks beginning after December 31, 2004. Increases to 26 weeks an eligible individual's TEUC payments. Provides for an additional seven weeks of payments, for a total of 33 weeks, for individuals in high-unemployment States (TEUC-X). (Current law provides 13 weeks of regular TEUC payments, with an additional 13 and total 26 in TEUC-X States.) Revises requirements for determining TEUC-X States, using certain triggers based on insured unemployment rates and on total unemployment rates. Amends the Railroad Unemployment Insurance Act to provide a temporary increase in extended unemployment benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Trail Designation Act of 2004''. 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(f). (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 _____, and dated _____. (2) Route.--The route shall generally follow public roads and highways_ (A) from the vicinity of Missoula in western Montana; (B) across northern Idaho; (C) through eastern and southern sections of Washington; (D) across northern Oregon in the vicinity of the Willamette Valley and the Columbia River; and (E) to the Pacific Ocean. (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.--Any 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) Trail Management Office.--In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office within the vicinity of the Trail. (c) Land Acquisition.-- (1) In general.--If the acquisition is consistent with the plan, the Secretary may acquire land, in a quantity not to exceed 25 acres, for administrative and public information purposes to facilitate the geographic diversity of the Trail throughout the States of Montana, Idaho, Washington, and Oregon. (2) Methods.-- (A) Private land.--Private land may be acquired from a willing seller under this Act only by donation, purchase with donated or appropriated funds, or exchange. (B) Non-federal public land.--Non-Federal public land may be acquired from a willing seller under this Act-- (i) only by donation or exchange; and (ii) after consultation with the affected unit of local government. (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) Interagency Technical Committee.-- (1) In general.--The Secretary shall establish an interagency technical committee to advise the trail management office on the technical planning for the development of the plan. (2) Composition.--The committee-- (A) shall include-- (i) representatives from Federal, State, local, and tribal agencies with interests in the floods; and (ii) representatives from the Ice Age Floods Institute; and (B) may include private property owners, business owners, and nonprofit organizations. (f) Management Plan.-- (1) In general.--Not later than 3 years after funds are made available to carry out this Act under section 6, 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. (g) 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) Unit of national park system.--For purposes of this subsection, the Trail shall be considered a unit of the National Park System. (h) Cooperative Agreements.--The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (i) 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. (j) 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 $500,000 may be used for each fiscal year for the administration of the Trail. | Ice Age Floods National Geologic Trail Designation Act of 2004 - 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. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail. Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail. |
SECTION 1. PHYSICAL EDUCATION FOR PROGRESS. Title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8001 et seq.) is amended by adding at the end the following: ``PART M--PHYSICAL EDUCATION FOR PROGRESS ``SEC. 10999A. SHORT TITLE. ``This part may be cited as the `Physical Education for Progress Act'. ``SEC. 10999B. PURPOSE. ``The purpose of this part is to provide grants and contracts to local educational agencies to enable the local educational agencies to initiate, expand and improve physical education programs for all kindergarten through 12th grade students. ``SEC. 10999C. FINDINGS. ``Congress makes the following findings: ``(1) Physical education is essential to the development of growing children. ``(2) Physical education helps improve the overall health of children by improving their cardiovascular endurance, muscular strength and power, and flexibility, and by enhancing weight regulation, bone development, posture, skillful moving, active lifestyle habits, and constructive use of leisure time. ``(3) Physical education helps improve the self esteem, interpersonal relationships, responsible behavior, and independence of children. ``(4) Children who participate in high quality daily physical education programs tend to be more healthy and physically fit. ``(5) The percentage of young people who are overweight has more than doubled in the 30 years preceding 1999. ``(6) Low levels of activity contribute to the high prevalence of obesity among children in the United States. ``(7) Obesity related diseases cost the United States economy more than $100,000,000,000 every year. ``(8) Inactivity and poor diet cause at least 300,000 deaths a year in the United States. ``(9) Physically fit adults have significantly reduced risk factors for heart attacks and stroke. ``(10) Children are not as active as they should be and fewer than 1 in 4 children get 20 minutes of vigorous activity every day of the week. ``(11) The Surgeon General's 1996 Report on Physical Activity and Health, and the Centers for Disease Control and Prevention, recommend daily physical education for all students in kindergarten through grade 12. ``(12) Twelve years after Congress passed House Concurrent Resolution 97, 100th Congress, agreed to December 11, 1987, encouraging State and local governments and local educational agencies to provide high quality daily physical education programs for all children in kindergarten through grade 12, little progress has been made. ``(13) Every student in our Nation's schools, from kindergarten through grade 12, should have the opportunity to participate in quality physical education. It is the unique role of quality physical education programs to develop the health-related fitness, physical competence, and cognitive understanding about physical activity for all students so that the students can adopt healthy and physically active lifestyles. ``SEC. 10999D. PROGRAM AUTHORIZED. ``The Secretary is authorized to award grants to, and enter into contracts with, local educational agencies to pay the Federal share of the costs of initiating, expanding, and improving physical education programs for kindergarten through grade 12 students by-- ``(1) providing equipment and support to enable students to actively participate in physical education activities; ``(2) developing or enhancing physical education curricula to meet national goals for physical education developed by the Secretary in consultation with the National Association for Sport and Physical Education; and ``(3) providing funds for staff and teacher training and education. ``SEC. 10999E. APPLICATIONS; PROGRAM REQUIREMENTS. ``(a) Applications.--Each local educational agency desiring a grant under this part shall submit to the Secretary an application that contains a plan to initiate, expand, or improve physical education programs in the schools served by the agency to meet the minimum program requirements described in subsection (b). ``(b) Program Requirements.--The program requirements referred to in subsection (a) are as follows: ``(1) Physical education programs shall facilitate achievement of the goals for physical education, and the curriculum of the programs shall provide-- ``(A) elementary school, middle school, and secondary school students with not less than 150 minutes per week of instructional physical education and, if practicable, daily instructional physical education; ``(B) fitness education and assessment to help children understand, improve, or maintain their physical well-being; ``(C) instruction in a variety of motor skills designed to enhance the physical, mental, and social or emotional development of every child; ``(D) development of cognitive concepts about motor skill and physical fitness that support a lifelong healthy lifestyle; ``(E) opportunities to develop social and cooperative skills and gain a multicultural perspective through physical activity participation; ``(F) involvement for all children in activities that provide appropriate amounts and kinds of physical activity; and ``(G) instruction in healthy eating habits and good nutrition. ``(2) Teachers of physical education shall have baccalaureate degrees qualifying the teachers as physical education specialists. ``(3) Teachers of physical education shall be afforded the opportunity for professional development to stay abreast of the latest research, issues, and trends in the field of physical education. ``(c) Special Rule.--For the purpose of this part, extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities shall not be considered as part of the curriculum of a physical education program assisted under this part. ``SEC. 10999F. PROPORTIONALITY. ``The Secretary shall ensure that grants awarded and contracts entered into under this part shall be equitably distributed between local educational agencies serving urban and rural areas, and between local educational agencies serving large and small numbers of students. ``SEC. 10999G. PRIVATE SCHOOL STUDENTS AND HOME-SCHOOLED STUDENTS. ``An application for funds under this part, consistent with the number of home-schooled children or children enrolled in private elementary schools, middle schools, and secondary schools located in the school district of a local educational agency, may provide for the participation of such children and their teachers in the activities assisted under this part. ``SEC. 10999H. REPORT REQUIRED FOR CONTINUED FUNDING. ``As a condition to continue to receive grant or contract funding after the first year of a multiyear grant or contract under this part, the administrator of the grant or contract for the local educational agency shall submit to the Secretary an annual report that describes the activities conducted during the preceding year and demonstrates that progress has been made toward achieving program requirements described in section 10999E(b). ``SEC. 10999I. REPORT TO CONGRESS. ``The Secretary shall submit a report to Congress not later than June 1, 2003, that describes the programs assisted under this part, documents the success of such programs in improving physical fitness, and makes such recommendations as the Secretary determines appropriate for the continuation and improvement of the programs assisted under this part. ``SEC. 10999J. ADMINISTRATIVE COSTS. ``Not more than 7 percent of the grant or contract funds made available to a local educational agency under this part for any fiscal year may be used for administrative costs. ``SEC. 10999K. FEDERAL SHARE; SUPPLEMENT NOT SUPPLANT. ``(a) Federal Share.--The Federal share under this part may not exceed-- ``(1) 90 percent of the total cost of a project for the first year for which the project receives assistance under this part; and ``(2) 75 percent of such cost for the second and each subsequent such year. ``(b) Supplement Not Supplant.--Funds made available under this part shall be used to supplement and not supplant other Federal, State and local funds available for physical education activities. ``SEC. 10999L. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated $30,000,000 for fiscal year 2000, $70,000,000 for fiscal year 2001, and $100,000,000 for each of the fiscal years 2002 through 2004, to carry out this part. Such funds shall remain available until expended.''. | Physical Education for Progress Act - Amends title X (Programs of National Significance) of the Elementary and Secondary Education Act of 1965 (ESEA) to authorize the Secretary of Education to award grants to, and enter into contracts with, local educational agencies (LEAs) to initiate, expand, and improve physical education programs for all kindergarten through 12th grade students. Requires such grants and contracts to be used for: (1) providing equipment and support to enable students to actively participate in physical education activities; (2) developing or enhancing physical education curricula to meet national goals for physical education developed by the Secretary in consultation with the National Association for Sport and Physical Education; and (3) providing funds for staff and teacher training and education. Requires LEA applications for such assistance to contain plans for school physical education programs that meet specified requirements, including: (1) curricula providing students with at least 150 minutes per week of instructional physical education per week, along with certain types of instructional contents; (2) physical education teachers with baccalaureate degrees qualifying them as physical education specialists; and (3) professional development opportunities for physical education teachers. Prohibits extracurricular activities such as team sports and Reserve Officers' Training Corps (ROTC) program activities from being considered as part of the curriculum of a physical education program assisted under this Act. Sets forth requirements relating to: (1) proportionality of awards; (2) private school students and home-schooled students; (3) LEA reports for continued funding; (4) the Secretary's report to the Congress; (5) administrative costs; and (6) Federal share. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon and Fisheries Predation Prevention Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) There are 13 groups of salmon and steelhead that are listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through the lower Columbia River. (2) The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs, as they are integral to the region's culture and economy. (3) The Columbia River treaty tribes retain important rights with respect to salmon and steelhead. (4) Federal, State, and tribal governments have spent billions of dollars to assist the recovery of Columbia River salmon and steelhead populations. (5) One of the factors impacting salmonid populations is increased predation by marine mammals, including California sea lions. (6) The population of California sea lions has increased 6- fold over the last 3 decades, and is currently greater than 250,000 animals. (7) In recent years, more than 1,000 California sea lions have been foraging in the lower 145 miles of the Columbia River up to Bonneville Dam during the peak spring salmonid run before returning to the California coast to mate. (8) The percentage of the spring salmonid run that has been eaten or killed by California sea lions at Bonneville Dam has increased 7-fold since 2002. (9) In recent years, California sea lions have with greater frequency congregated near Bonneville Dam and have entered the fish ladders. (10) These California sea lions have not been responsive to extensive hazing methods employed near Bonneville Dam to discourage this behavior. (11) The process established under the 1994 amendment to the Marine Mammal Protection Act of 1972 to address aggressive sea lion behavior is protracted and will not work in a timely enough manner to protect threatened and endangered salmonids in the near term. (12) In the interest of protecting Columbia River threatened and endangered salmonids, a temporary expedited procedure is urgently needed to allow removal of the minimum number of California sea lions as is necessary to protect the passage of threatened and endangered salmonids in the Columbia River and its tributaries. (13) On December 21, 2010, the independent Pinniped-Fishery Interaction Task Force recommended lethally removing more of the California sea lions in 2011. (14) On August 18, 2011, the States of Washington, Oregon, and Idaho applied to the National Marine Fisheries Service, under section 120(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of sea lions that the States determined are having a ``significant negative impact'' on the recovery of Columbia River and Snake River salmon and steelhead. (15) On September 12, 2011, the National Marine Fisheries Service announced it was accepting the States' application for lethal removal of sea lions and that it would reconvene the Pinniped-Fishery Interaction Task Force to consider the States' application. This Act will ensure the necessary authority for permits under the Marine Mammal Protection Act of 1972 to be issued in a timely fashion. (16) During a June 14, 2011, hearing, the Committee on Natural Resources of the House of Representatives received testimony from State and tribal witnesses expressing concern that significant pinniped predation of important Northwest fish resources other than salmonids is severely impacting fish stocks determined by both Federal and State fishery management agencies to be at low levels of abundance, and that this cannot be addressed by section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389), which as in effect before the enactment of this Act restricted control of predatory pinnipeds' impact only with respect to endangered salmonids. SEC. 3. TAKING OF SEA LIONS ON THE COLUMBIA RIVER AND ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON AND OTHER NONLISTED FISH SPECIES. Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended by striking subsection (f) and inserting the following: ``(f) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River or Its Tributaries.-- ``(1) Removal authority.--Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River and its tributaries of sea lions that are part of a population that is not categorized as depleted under this Act or listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), to protect endangered and threatened species of salmon and other nonlisted fish species. ``(2) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary for a permit under this subsection. ``(B) Deadline for consideration of application.-- The Secretary shall approve or deny an application for a permit under this subsection by not later than 30 days after receiving the application. ``(C) Duration of permit.--A permit under this subsection shall be effective for no more than one year after the date it is issued, but may be renewed by the Secretary. ``(3) Limitations.-- ``(A) Limitation on permit authority.--Subject to subparagraph (B), a permit issued under this subsection shall not authorize the lethal taking of more than 10 sea lions during the duration of the permit. ``(B) Limitation on annual takings.--The cumulative number of sea lions authorized to be taken each year under all permits in effect under this section shall not exceed one percent of the annual potential biological removal level. ``(4) Delegation of permit authority.--Any eligible entity may delegate to any other eligible entity the authority to administer its permit authority under this subsection. ``(5) NEPA.--Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this subsection and the issuance of any permit under this subsection during the 5-year period beginning on the date of the enactment of this subsection. ``(6) Suspension of permitting authority.--If, 5 years after enactment, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, may suspend the issuance of permits under this subsection. ``(7) Eligible entity defined.--In this subsection, the term `eligible entity' means each of the State of Washington, the State of Oregon, the State of Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission. ``(8) Training in wildlife management.--Permit holders exercising lethal removal authority pursuant to this Act shall be trained in wildlife management.''. SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority; and (2) the Federal Government should continue to fund lethal and nonlethal removal measures for preventing such predation. SEC. 5. TREATY RIGHTS OF FEDERALLY RECOGNIZED INDIAN TRIBES. Nothing in this Act or the amendment made by this Act shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe. | Endangered Salmon and Fisheries Predation Prevention Act (Sec. 3) This bill amends the Marine Mammal Protection Act of 1972 to authorize the National Oceanic and Atmospheric Administration (NOAA) to issue one-year permits to Washington, Oregon, Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission for the lethal taking on the waters of the Columbia River or its tributaries of sea lions that are part of a population that is not categorized as depleted or listed as an endangered or threatened species in order to protect endangered and threatened species of salmon and other nonlisted fish species. These permits may be renewed by NOAA. The permits may authorize the lethal taking of 10 sea lions or fewer. The cumulative annual taking of sea lions each year under all such permits is limited to 1% of the annual potential biological removal level. These permits are exempted from environmental review requirements of the National Environmental Policy Act of 1969 for five years. NOAA may suspend the issuance of such permits if, after five years, lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation. Permit holders exercising lethal removal authority must be trained in wildlife management. (Sec. 4) The bill: (1) states that it is a vital priority to prevent sea lions from preying on fish, recover listed salmonid stocks, and prevent future listings of fish stocks in the Columbia River; and (2) urges the federal government to fund lethal and nonlethal removal measures for preventing such predation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Innovation for Tomorrow's Workforce Act''. SEC. 2. INNOVATION FUND. Section 114 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2324) is amended-- (1) in subsection (d), by adding at the end the following: ``(6) Innovation.-- ``(A) Grant program.--To identify and support innovative strategies and activities to improve career and technical education and align workforce skills with labor market needs, the Secretary may award grants, by using early-phase, mid-phase, and expansion grants, to eligible entities to-- ``(i) create, develop, implement, or take to scale evidence-based, field-initiated innovations, including through a pay for success initiative to improve student outcomes in career and technical education, which may include activities that-- ``(I) improve career and technical education outcomes of students served by eligible entities under this title; ``(II) improve career and technical education teacher effectiveness; ``(III) improve the transition of students from secondary education to postsecondary education, apprenticeships, or employment; ``(IV) improve the incorporation of comprehensive work-based learning into career and technical education; ``(V) increase the effective use of technology within career and technical education programs; ``(VI) support new models for integrating academic content, career and technical education, and pre- apprenticeship and apprenticeship content in such programs; ``(VII) support the development and enhancement of innovative delivery models for career and technical education; ``(VIII) work with industry to design and implement courses or programs of study aligned to labor market needs in new or emerging fields; ``(IX) integrate science, technology, engineering, and mathematics fields, including computer science education, with career and technical education; ``(X) support innovative approaches to career and technical education by redesigning the high school experience for students, which may include evidence-based transitional support strategies for students who have not met postsecondary education eligibility requirements; ``(XI) improve career and technical education concentrator employment outcomes in nontraditional fields; or ``(XII) support the use of career and technical education programs and career and technical programs of study in a coordinated strategy to address identified employer needs and workforce shortages, such as shortages in the early childhood, elementary school, and secondary school education workforce; and ``(ii) rigorously evaluate such innovations. ``(B) Matching funds.-- ``(i) Matching funds required.--Except as provided under clause (ii), to receive a grant under this paragraph, an eligible entity shall demonstrate that matching funds will be provided, through cash or in-kind contributions, from public or private sources in an amount equal to not less than 25 percent of the funds provided under such grant. ``(ii) Exception.--The Secretary may waive the matching fund requirement under clause (i) if the eligible entity demonstrates exceptional circumstances. ``(C) Application.--To receive a grant under this paragraph, an eligible entity shall submit to the Secretary, at such time as the Secretary may require, an application that-- ``(i) identifies and designates the agency, institution, or school responsible for the administration and supervision of the program assisted under this paragraph; ``(ii) provides an assurance that matching funds will be obtained before implementation of the grant; ``(iii) describes how the eligible entity will use the grant funds, including how such funds will directly benefit students, including special populations, served by the eligible entity; and ``(iv) describes how the program assisted under this paragraph will be coordinated with the activities carried out under section 124 or 135. ``(D) Priority.--In awarding grants under this paragraph, the Secretary shall give priority to applications from eligible entities that will predominantly serve students from low-income families. ``(E) Geographic diversity.--In awarding grants under this paragraph for a fiscal year, the Secretary shall award not less than 25 percent of the total amount of funds available for such fiscal year to eligible entities proposing to fund career and technical education activities that serve-- ``(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; ``(ii) an institution of higher education primarily serving one or more areas served by such a local educational agency; ``(iii) a consortium of such local educational agencies or such institutions of higher education; ``(iv) a partnership between-- ``(I) an educational service agency or a nonprofit organization; and ``(II) such a local educational agency or such an institution of higher education; or ``(v) a partnership between-- ``(I) a grant recipient described in clause (i) or (ii); and ``(II) a State educational agency. ``(F) Uses of funds.--An eligible entity that is awarded a grant under this paragraph shall use the grant funds in a manner consistent with subparagraph (A)(i). ``(G) Evaluation.--Each eligible entity receiving a grant under this paragraph shall-- ``(i) provide for an independent evaluation of the activities carried out using such grant; and ``(ii) submit to the Secretary an annual report that includes-- ``(I) a description of how funds received under this paragraph were used; ``(II) the performance of the eligible entity with respect to, at a minimum, the performance indicators described in section 113(a)(2), as applicable, and disaggregated by-- ``(aa) subgroups of students described in section 1111(c)(2)(B) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(2)(B)), as amended by the Every Student Succeeds Act (Public Law 114- 95); ``(bb) special populations; and ``(cc) as appropriate, each career and technical education program and career and technical education program of study; and ``(III) a quantitative analysis of the effectiveness of the project carried out under this paragraph. ``(H) Definitions.--In this paragraph: ``(i) Eligible entity.--The term `eligible entity' means a consortium that meets the following requirements: ``(I) The consortium includes one or more of the following: ``(aa) A local educational agency. ``(bb) An educational service agency. ``(cc) An area career and technical education school. ``(dd) A postsecondary educational institution receiving funds under this Act. ``(ee) A State educational agency. ``(ff) The Bureau of Indian Education. ``(gg) A State apprenticeship agency or apprenticeship sponsor. ``(II) The consortium may also include regional, State, or local public or private organizations or employers, including community-based organizations. ``(III) The consortium is led by an entity, or partnership of entities, described in subclause (I) and identified as the leader of the eligible entity in its application submitted under subparagraph (C). ``(ii) Pay for success initiative.--The term `pay for success initiative' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(I) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.''; and (2) in subsection (e), by inserting ``(except for subsection (d)(6))'' after ``section''. SEC. 3. OPEN EDUCATION RESOURCES. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)) is amended-- (1) in paragraph (16)(B), by striking ``and''; (2) in paragraph (17), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(18) making all forms of instructional content widely available, which may include use of open educational resources;''. (b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355) is amended-- (1) in paragraph (19)(D), by striking ``and'' after the semicolon; (2) by redesignating paragraph (20) as paragraph (22); and (3) by inserting after paragraph (19) the following: ``(20) to make all forms of instructional content widely available, which may include use of open educational resources;''. SEC. 4. PAY-FOR-SUCCESS. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)), as amended by section 3, is further amended by adding at the end the following: ``(19) supporting pay for success initiatives (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and''. (b) Local Uses of Funds.--Section 135(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(c)), as amended by section 3, is further amended by inserting after paragraph (20) the following: ``(21) to support pay for success initiatives (as defined in section 8101 of the Elementary and Secondary Education Act of 1965); and''. SEC. 5. WORK-BASED LEARNING OPPORTUNITIES AND APPRENTICESHIPS. (a) State Leadership Activities.--Section 124(c) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2344(c)), as amended by sections 3 and 4, is further amended by adding at the end the following: ``(20) providing or supporting work-based learning opportunities, which may include employer-led training resulting in a recognized credential and apprenticeship programs.''. (b) Local Uses of Funds.--Section 135(b)(3) of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2355(b)(3)) is amended by striking ``which may include work-based learning experiences'' and inserting ``which may include work-based learning opportunities, such as employer-led training resulting in a recognized credential and apprenticeship programs''. | Innovation for Tomorrow's Workforce Act This bill amends the Carl D. Perkins Career and Technical Education Act of 2006 to authorize the Department of Education to award early-phase, mid-phase, or expansion grants to eligible entities, including local educational agencies and area career and technical education (CTE) schools, to: create, develop, implement, or take to scale evidence-based, field initiated innovations, including through a pay for success initiative to improve CTE student outcomes; and evaluate such innovations rigorously. Funding under the Act may be used by eligible agencies for state leadership activities and by eligible recipients for local uses to support CTE programs to: make all forms of instructional content widely available, which may include the use of open educational resources; and support pay for success initiatives. Funding under the Act may also be used by eligible agencies for state leadership activities to provide or support work-based learning opportunities for students, which may include employer-led training resulting in recognized credential and apprenticeship programs for such students. Funds received for local use shall be used for such activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Secret Evidence Repeal Act of 2000''. SEC. 2. APPLICATION OF PROCEDURES USED UNDER CLASSIFIED INFORMATION PROCEDURES ACT (CIPA) TO IMMIGRATION PROCEEDINGS. (a) Application of Procedures Used under Classified Information Procedures Act (CIPA) to Immigration Proceedings.-- (1) In general.--Chapter 9 of title II of such Act is amended by adding at the end the following new section: ``application of procedures used under classified information procedures act to immigration proceedings ``Sec. 295. (a) Notice of Intended Use of Classified Information.-- ``(1) In general.--In any immigration proceeding in which the Attorney General seeks to use classified information, the Attorney General shall inform the alien and the presiding officer in advance. To the maximum extent practicable, if the Attorney General is initiating such proceeding, the Attorney General shall provide such notice within 15 days after initiating the proceeding. ``(2) Limitation.--The Attorney General may seek to use classified information only in an immigration proceeding in which the alien is alleged to be deportable under section 237(a)(4)(B) or to oppose an application for admission or an application for discretionary relief from removal and only after issuing the following certification: ``(A) Substantially the same information could not reasonably be developed from open sources. ``(B) The Attorney General has informed the classifying agency of its intent to use the classified information in connection with immigration proceedings and has requested such agency to declassify such information as is permitted to be declassified under the President's Executive Order on classification. ``(b) Referral of Classified Matters to District Court.-- ``(1) In general.--In the case of an immigration proceeding in which the Attorney General or the alien moves for a referral under this section to consider matters relating to classified information that may arise in connection with the proceeding, the presiding officer shall forward the petition for review to a Federal district court for the district in which the alien resides or the place where the immigration proceedings are pending, of the use of such information in such proceeding under subsection (c). Any evidence which is the subject of a petition shall not be considered in the immigration proceeding and shall not be examined by the presiding officer, except as provided in paragraph (3). ``(2) Suspension of immigration proceeding.--In the case of an order or review provided for under paragraph (1), the immigration proceeding may be suspended by the presiding officer pending the disposition of such matter by the district court involved (and any appeals related to such matter). ``(3) Submission of summary.--In the case of a referral under paragraph (1)(A), after the application of subsection (c), the district court shall issue an order to the presiding officer at the proceeding indicating any unclassified summary of classified information, and admissions in lieu of disclosure of classified information, that may be used and the conditions of its use at the proceeding. The presiding officer shall determine whether any information approved by the order may be offered at the immigration proceeding. ``(c) Application of CIPA.-- ``(1) In general.--Subject to the succeeding provisions of this section, in the cases described in subsection (b)(1) involving review by a Federal district court of the use of classified information in an immigration proceeding, the provisions of the Classified Information Procedures Act (18 U.S.C. Appendix III) (in this section referred to as `CIPA') shall apply to an alien who is a subject of the immigration proceeding in the same manner as it applies to a defendant in a criminal proceeding subject to such Act. ``(2) General rules of application.--In applying such Act under subsection (a), the following general rules apply: ``(A) Any reference in such Act to-- ``(i) a criminal defendant or a trial (or pre-trial) proceeding is deemed to be a reference to the alien who is the subject of the immigration proceeding and to the immigration proceeding; ``(ii) an indictment or information at issue is deemed to be a reference to a notice to appear; ``(iii) a dismissal of an indictment or information is deemed a reference to termination of the immigration proceeding against an alien; and ``(iv) a trial court is deemed a reference (in the case of an administrative immigration proceeding) to the presiding officer in such proceeding. ``(B) The provisions of section 2 of such Act (other than the last sentence) shall not be applied. ``(C) The Attorney General shall prescribe rules establishing procedures for the protection against unauthorized disclosure of classified information in the custody of the Federal non-judicial officials in immigration proceedings. Such rules shall apply instead of the rules described in section 9 of CIPA. ``(D) Section 12 of CIPA shall not be applied to immigration proceedings. ``(E) In lieu of the reports described in section 13 of CIPA, the Attorney General shall report annually and in writing to the chairmen and ranking minority members of the Committees on the Judiciary of the Senate and the House of Representatives on the implementation of this section. Such reports shall include the following information about each case brought under this section: ``(i) The alien's country of citizenship or, if the alien was stateless, the country in which the alien last habitually resided outside of the United States. ``(ii) The alien's immigration status. ``(iii) The immigration benefit for which the alien applied (if any). ``(iv) Whether the Federal district court approved the summary of classified information and the deletions or admissions proffered by the Attorney General. ``(v) Whether the alien was ultimately ordered removed under section 237(a)(4)(B) or was granted or denied admission or the benefit for which the alien applied. ``(d) Disclosure of Exculpatory Evidence.--In any immigration proceeding under this section, the Attorney General shall disclose to the alien information that it would be required to disclose to a defendant in an analogous criminal proceeding under CIPA. ``(e) Construction Concerning Declassification of Information.-- Nothing in this section shall be construed as preventing an alien in an immigration proceeding from seeking access to classified information under section 552 of title 5, United States Code, or, in the case of information which is not disclosed based on section 552(b)(1) of such title, from initiating an action to seek to declassify some or all of the information involved. ``(f) Definitions.--For purposes of this section: ``(1) Immigration proceeding.--The term `immigration proceeding' means any administrative proceeding under this Act. ``(2) Presiding officer.--The term `presiding officer' means, with respect to an immigration proceeding, the administrative or judicial official who is presiding over the immigration proceeding.''. (b) Conforming Amendment.--Title V of the Immigration and Nationality Act (8 U.S.C. 1531-1537) is repealed. (c) Clerical Amendments.--The table of contents for such Act is amended-- (1) by inserting after the item relating to section 294 the following new item: ``Sec. 295. Application of procedures used under classified information procedures act to immigration proceedings.''; and (2) by striking the title heading, and the items, relating to title V. SEC. 3. REPEAL OF USE OF SECRET EVIDENCE IN OTHER IMMIGRATION PROCEEDINGS. (a) Alien's Rights in Proceedings.--Section 240(b)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(B)) is amended to read as follows: ``(B) the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government, and''. (b) Burden on Alien.--Section 240(c)(2) of such Act (8 U.S.C. 1229a(c)(2)) is amended by striking the last sentence and inserting the following: ``In meeting the burden of proof under subparagraph (B), the alien shall have access to the alien's visa or other entry document, if any, and any other records and documents pertaining the alien's admission or presence in the United States.''. SEC. 4. REPEAL OF USE OF SECRET EVIDENCE IN BOND PROCEEDINGS. Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by adding at the end the following: ``(f) Aliens' Rights in Bond Proceedings.--In proceedings under this section-- ``(1) the alien shall have the privilege of being represented, at no expense to the Government, by counsel of the alien's choosing who is authorized to practice in such proceedings; ``(2) the alien shall have a reasonable opportunity to examine all of the evidence against the alien, to present evidence on the alien's own behalf, and to cross-examine all witnesses presented by the Government; and ``(3) a complete record shall be kept of all testimony and evidence produced at the proceeding.''. SEC. 5. REPEAL OF USE OF SECRET EVIDENCE AGAINST LAWFUL PERMANENT RESIDENTS, ASYLUM SEEKERS, AND ALIENS PAROLED INTO THE UNITED STATES. Section 235(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(c)(1)) is amended by striking ``If'' and inserting: ``Except in the case of an alien who (i) is a lawful permanent resident; (ii) was granted advance parole; (iii) was paroled into the United States under section 212(d)(5); or (iv) is seeking asylum, if''. SEC. 6. TRANSITION. (a) Application to Detainees.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien then detained or whose liberty is otherwise restricted by the Attorney General, on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals or to any court-- (1) provide such alien a copy or transcript of such information, and provide the alien with a redetermination of bond (or a reconsideration of the terms of custody, as the case may be) based on evidence disclosed to the alien and the alien's response to such evidence; or (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and-- (A) release such alien if such alien is detained; and (B) cease all restrictions on the liberty of such alien if such restrictions exist, unless detention is warranted solely on the basis of evidence disclosed to the alien; or (3) release such alien. (b) Application to Aliens Seeking Immigration Benefits.--Not more than 30 days after the effective date of this Act, the Attorney General shall, with respect to any alien physically present in the United States whose application for an immigration benefit is or was opposed by the Government on the basis in whole or in part of information submitted by the Government ex parte and in camera to an immigration judge, to the Board of Immigration Appeals, or to any court-- (1) provide such alien a copy or transcript of such information and a reasonable opportunity to respond to such information, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; or (2) withdraw from the record of any proceedings involving such alien any and all evidence, testimony, or other information submitted by the Government ex parte and in camera to the immigration judge, the Board of Immigration Appeals, or to any court, as the case may be, and grant or deny the application or reopen the proceedings and afford the alien de novo reconsideration of the application, as the case may be, based solely on evidence in the public record; or (3) grant the application. (c) Termination of Proceedings.--In the case of an alien in immigration proceedings as of the effective date of this Act conducted under title V of the Immigration and Nationality Act-- (1) such proceedings are terminated as of the effective date of this Act without prejudice to the Attorney General or the alien; and (2) the Attorney General may, in his or her discretion, commence de novo removal proceedings within 10 days thereafter under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a). SEC. 7. REGULATIONS. The Attorney General shall promulgate regulations, including regulations governing applications for asylum, withholding of deportation or removal, adjustment of status, naturalization, temporary protected status, and relief from deportation, exclusion, or removal to implement this Act not more than 90 days after the effective date of this Act. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to all aliens without regard to the date of arrival, admission, entry, or parole into the United States. | Amends the Immigration and Nationality Act to repeal alien terrorist removal provisions (title V). (Sec. 3) Entitles an alien in a removal proceeding to examine all evidence and admissibility records. (Current law excludes national security information and confidential information.) (Sec. 4) Entitles an alien subject to arrest and detention for removal or deportation to non-federally provided counsel, and access to all evidence. (Sec. 5) Exempts an alien who is a lawful permanent resident, parolee, or asylee from the security and related removal provisions. (Such provisions provide for limited hearings and use of nondisclosed information.) (Sec. 6) Provides for transitional application of information access provisions to alien detainees and aliens seeking immigration benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Liver Research Enhancement Act of 2005''. SEC. 2. FINDINGS. The Congress finds as follows: (1) An estimated 25,000,000 people in the United States are affected by a liver or liver-related disease. (2) In excess of $8,800,000,000 is spent annually to provide medical care for people in the United States with liver disease. (3) There are over 4,000,000 people in the United States who are or have been infected with hepatitis C, 3,000,000 of whom are chronically infected. (4) Due to limited research, current treatments for hepatitis C are effective in fewer than 50 percent of the cases. (5) A vaccine has not been developed for hepatitis C. (6) There are 8,000 to 10,000 deaths each year due to hepatitis C, and the annual death total is projected to increase to 30,000 each year absent increased public health and research interventions. (7) Chronic infection with hepatitis B or C is associated with an increased incidence of primary liver cancer, once a rare malignancy in the United States, but now the fastest growing cancer. (8) There are 1,250,000 people in the United States who have been infected with hepatitis B. (9) Up to 15 percent of Asian and Pacific-Islander Americans are chronically infected with hepatitis B. (10) Fifteen out of every 100,000 people in the United States are affected by a chronic, life-threatening disease known as primary biliary cirrhosis (PBC), and 95 percent of those affected are women. (11) There is an emerging obesity-related chronic liver disease, nonalcoholic fatty liver disease (NAFLD), which may affect as many as 1 in every 4 adults over the age of 18. (12) There are 15,000 children hospitalized in the United States each year due to liver disease. (13) The only option for many individuals with liver disease is a liver transplant. (14) There are over 17,600 people in the United States on the waiting list for a liver transplant, but because of the limited supply of livers available for transplantation only approximately 5,100 transplants are performed each year. (15) There are 1,400 people in the United States who die each year waiting for a liver transplant, and that number is expected to increase. (16) To address the public health threat posed by liver disease, there is a need for the establishment of a National Center on Liver Disease Research to provide dedicated scientific leadership, to create a research action plan, and to ensure the funding of the scientific opportunities identified by the plan. SEC. 3. NATIONAL CENTER ON LIVER DISEASE RESEARCH. Subpart 3 of part C of title IV of the Public Health Service Act (42 U.S.C. 285c, et seq.) is amended by adding at the end the following: ``national center on liver disease research ``Sec. 434B. (a) Establishment.--There is established the National Center on Liver Disease Research (hereafter in this section referred to as the `Center') in the National Institute of Diabetes and Digestive and Kidney Diseases. ``(b) Director.--The Center shall be headed by a Director, who shall be appointed by the Director of the Institute, in consultation with the Director of NIH, from among individuals with the highest scientific credentials. The Director of the Center shall report directly to the Director of the Institute. ``(c) Duties.--To ensure the development of increased understanding of and better treatments and cures for liver diseases through a dedicated scientific leadership and an adequate allocation of resources, the Director shall-- ``(1) assist the Liver Disease Research Advisory Board to develop the Liver Disease Research Action Plan; and ``(2) encourage and coordinate the implementation of the Plan by the national research institutes, including by issuing research solicitations and by using all other available mechanisms. ``(d) Liver Disease Research Advisory Board.-- ``(1) Establishment.--Not later than 90 days after the date of the enactment of the Liver Research Enhancement Act of 2005, the Director of NIH shall establish a board to be known as the Liver Disease Research Advisory Board (hereafter in this section referred to as the `Advisory Board'). ``(2) Duties.--The Advisory Board shall advise and assist the Director of the Center concerning matters relating to liver disease research, including by developing and revising the Liver Disease Research Action Plan in accordance with subsection (e). ``(3) Voting members.--The Advisory Board shall be composed of 18 voting members appointed by the Director of NIH, in consultation with the Director of the Institute, of whom 12 shall be eminent scientists and 6 shall be lay persons. The Director of NIH, in consultation with the Director of the Institute, shall select 1 of the members to serve as the Chair of the Advisory Board. ``(4) Ex officio members.--The Director of NIH shall appoint each director of a national research institute that funds liver disease research to serve as a nonvoting, ex officio member of the Advisory Board. The Director of NIH shall invite 1 representative of the Centers for Disease Prevention and Control, 1 representative of the Food and Drug Administration, and 1 representative of the Department of Veterans Affairs to serve as such a member. Each ex officio member of the Advisory Board may appoint an individual to serve as that member's representative on the Advisory Board. ``(e) Liver Disease Research Action Plan.-- ``(1) Development.--Not later than 15 months after the date of the enactment of the Liver Research Enhancement Act of 2005, the Advisory Board shall develop (with appropriate support from the Director and staff of the Center) a comprehensive plan for the conduct and support of liver disease research to be known as the Liver Disease Research Action Plan. The Advisory Board shall submit the Plan to the Director of NIH and the head of each institute or center within the National Institutes of Health that funds liver disease research. ``(2) Content.--The Liver Disease Research Action Plan shall identify scientific opportunities and priorities of liver disease research necessary to increase understanding of and to prevent, cure, and develop better treatment protocols for liver diseases. ``(3) Revision.--The Advisory Board shall revise every 3 years the Liver Disease Research Action Plan, but shall meet annually to review progress and to amend the Plan as may be appropriate because of new scientific discoveries. ``(f) Allocation of Funds.--Subject to the availability of appropriations, the Director of each institute or center within the National Institutes of Health shall allocate to liver disease research through peer-reviewed methods, the amounts necessary to fund existing scientific research opportunities and, subject to completion and subsequent updates of the Liver Disease Research Action Plan, amounts adequate to carry out the recommendations of the Plan.''. | Liver Research Enhancement Act of 2005 - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases to ensure the development of increased understanding of, and better treatments and cures for, liver diseases. Requires the Director of the National Institutes of Health (NIH) to establish the Liver Disease Research Advisory Board to: (1) advise and assist the Director of the Center concerning matters relating to liver disease research; and (2) develop the Liver Disease Research Action Plan to identify scientific opportunities and priorities of liver disease research. Requires the Director of each institute or center within NIH to allocate for liver disease research amounts necessary to: (1) fund existing scientific research opportunities; and (2) carry out the recommendations of the Plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Development Association Replenishment Act of 2008''. SEC. 2. DEFINITIONS. In this Act: (1) Greenhouse gas.--The term ``greenhouse gas'' means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a perfluorocarbon, or a hydrofluorocarbon. (2) Multilateral development bank.--The term ``multilateral development bank'' has the meaning given that term in section 1307 of the International Financial Institutions Act (Public Law 95-118; 22 U.S.C. 262m-7). SEC. 3. INTERNATIONAL DEVELOPMENT ASSOCIATION. The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following: ``SEC. 24. FIFTEENTH REPLENISHMENT. ``(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,705,000,000 to the fifteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations. ``(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated $3,705,000,000 for payment by the Secretary of the Treasury.''. SEC. 4. ANTICORRUPTION TRUST PILOT PROGRAM. (a) Authorization.--The Secretary of the Treasury (referred to in this section as the ``Secretary'') is authorized to negotiate the creation of a pilot program that establishes an anticorruption trust at the World Bank, in accordance with this section. (b) Purposes.--The Secretary shall support the creation of an Anticorruption Trust Pilot Program (referred to in this section as the ``Trust'') whose purposes include-- (1) assisting poor countries in investigations and prosecutions of fraud and corruption related to a loan, grant, or credit from the World Bank; and (2) determining whether such a program should be carried out at other multilateral development banks. (c) Poor Countries Defined.--In this section, the term ``poor countries'' means countries that are eligible to borrow from the International Development Association, as such eligibility is determined by gross national product per capita, lack of creditworthiness to borrow on market terms, and good policy performance. (d) Repayment of Funds.--The Secretary may support a policy that allows a poor country that assesses a fine or receives any proceeds as a result of a prosecution paid for with funds from the Trust to repay the amount received from the Trust, up to the total amount received by such country. (e) Monitoring.--The Secretary shall be responsible for establishing a system for-- (1) monitoring the disbursement and use of funds from the Trust; and (2) promoting access to such funds by poor countries that are challenged by the high cost of investigating and prosecuting corruption and fraud linked to a loan from, or a project funded by, the World Bank. (f) Other Donors.--The Secretary shall encourage other donors to the multilateral development banks to contribute funds to the Trust. (g) Reports.-- (1) Implementation and feasibility report.--Not later than June 1, 2009, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives that-- (A) describes the actions taken to establish the Trust; (B) evaluates the feasibility of establishing similar trusts at other multilateral development banks; and (C) evaluates the feasibility of encouraging each of the multilateral development banks to develop their own funding for programs, rather than through a trust, to assist poor countries in investigations and prosecutions of fraud and corruption related to a loan, grant, or credit from such bank. (2) Evaluation report.--If the Trust is established in accordance with this section, the Secretary, not later than June 1, 2010, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives that evaluates the effectiveness of the Trust. (h) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary $2,000,000 for contribution on behalf of the United States to the Trust, if the Trust is established in accordance with this section. SEC. 5. REQUIREMENTS TO CONSIDER GREENHOUSE GAS EMISSIONS IN ENVIRONMENTAL IMPACT ASSESSMENTS AND TO MAKE SUCH ASSESSMENTS AVAILABLE IN THE LANGUAGES OF THE PEOPLE AFFECTED. (a) In General.--Section 1307(a) of the International Financial Institutions Act (22 U.S.C. 262m-7(a)) is amended by striking paragraphs (1) and (2) and inserting the following: ``(1) an assessment analyzing the environmental impacts, including associated and cumulative impacts and net greenhouse gas emissions, of the proposed action and of alternatives to the proposed action, has been made available to the board of directors of the bank; and ``(2)(A) such assessment or a comprehensive summary of the assessment (with propriety information redacted) has been made available to affected groups and local nongovernmental organizations in English and in the official languages of the countries of the affected groups; and ``(B) notice of the availability of the assessment or comprehensive summary at the bank and in the countries of the affected groups has been posted on the Internet website of the bank.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to proposals for multilateral development bank projects made on or after October 1, 2009. SEC. 6. REPORT ON GREENHOUSE GAS EMISSIONS ASSOCIATED WITH MULTILATERAL DEVELOPMENT BANK ACTIONS. (a) In General.--Not later than January 1, 2010, and annually thereafter, the Secretary of the Treasury, after consultation with the Secretary of State, the Administrator of the United States Agency for International Development, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report on the assessments provided for in section 1307(a) of the International Financial Institutions Act (22 U.S.C. 262m-7(a)). (b) Contents.--Each report submitted under subsection (a) shall describe the assessments provided for in section 1307(a) of such Act, including-- (1) an assessment of-- (A) the amount of greenhouse gas emissions associated with each project with respect to which each multilateral development bank has provided a loan, guarantee, extension of credit, or grant, or has taken any other action, in the last year; and (B) the total greenhouse gas emissions of all projects described in subparagraph (A); (2) an assessment of the greenhouse gas emissions of project alternatives that would address similar economic and social goals; and (3) a description of the plans of the Secretary of the Treasury to direct the United States Executive Director of each multilateral development bank in which the United States participates to use the voice and vote of the United States to encourage reductions of greenhouse gas emissions associated with projects with respect to which the bank provides a loan, guarantee, extension of credit, or grant, or takes any other action. (c) Performance Evaluations of Assessments.--Each report submitted under subsection (a) shall include an evaluation of-- (1) the methods that could be used to reduce greenhouse gas emissions associated with projects with respect to which a multilateral development bank provides a loan, guarantee, extension of credit, or grant, or takes any other action; (2) an identification of best practices for assessing the direct and indirect greenhouse gas emissions associated with such projects; and (3) an evaluation of the extent to which each multilateral development bank is using the best practices identified in paragraph (2) in conducting the assessments of projects as provided for in section 1307(a) of such Act. SEC. 7. REPORT ON PROCESS TO ADDRESS GRIEVANCES WITH THE MULTILATERAL DEVELOPMENT BANKS. (a) In General.--Not later than August 1, 2009, the Secretary of the Treasury shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives, a report that evaluates the efficacy of the World Bank Inspection Panel, the Compliance Advisor Ombudsman of the International Finance Corporation and Multilateral Investment Guarantee Agency, the African Development Bank Independent Review Mechanism, the Inter- American Development Bank Independent Investigation Mechanism, the Asian Development Bank Accountability Mechanism, and the European Bank for Reconstruction and Development Independent Recourse Mechanism. (b) Contents.--The report submitted under subsection (a) shall include-- (1) an assessment of-- (A) the number of cases, key findings, and outcomes of completed grievance processes; (B) the level and adequacy of participation of requesters and other affected people in the compliance investigation process, including the extent to which their concerns were raised before the Board and senior management of the bank; (C) the level and adequacy of participation of requesters and other affected people in the problem- solving process, if applicable, including the extent to which their concerns were raised before the Board and management of the bank; (D) inclusion of stakeholders in the creation of action plans to-- (i) remedy identified violations of the policies and procedures of the bank; and (ii) address outstanding issues identified in problem-solving initiatives, if applicable; (E) the quality and timeliness of the implementation of action plans; (F) the degree to which the Board exercises systematic oversight of the implementation of action plans; (G) the degree to which stakeholders participate in monitoring and implementation of action plans; and (H) if action plans are not adequately implemented, the suitability of the mechanisms for recourse for affected people; and (2) a discussion regarding how the United States Executive Director of each multilateral development bank will strengthen weaknesses identified with each applicable grievance mechanism. | International Development Association Replenishment Act of 2008 - (Sec. 3) Amends the International Development Association Act to authorize U.S. participation in, and authorize appropriations for, contributions to the 15th replenishment of the resources of the International Development Association (IDA). (Sec. 4) Authorizes the Secretary of the Treasury to negotiate the creation of the Anticorruption Trust Pilot Program (the Trust) at the International Bank for Reconstruction and Development (World Bank) whose purposes shall include: (1) assisting poor countries in fraud and corruption investigations and prosecutions related to World Bank loans, grants, or credit; and (2) determining whether such a program should be carried out at other multilateral development banks. Directs the Secretary to provide for a system to: (1) monitor Trust fund disbursement and use; and (2) promote access to funds by poor countries in order to investigate and prosecute corruption and fraud linked to World Bank loans or projects. Sets forth reporting requirements. Authorizes appropriations. (Sec. 5) Amends the International Financial Institutions Act to require greenhouse gas emissions impact assessments of a multilateral development bank borrower's proposal before the U.S. Executive Director of the bank may vote in favor of the proposal. (Sec. 6) Requires the Secretary to report annually to specified congressional committees on greenhouse gas emissions associated with multilateral development bank actions. (Sec. 7) Requires a report evaluating grievance mechanisms of such banks. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital Television Consumer Education Act''. SEC. 2. LABELING AND CONSUMER EDUCATION. Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Labeling and Consumer Education.-- ``(1) Requirements for retail distributors and other vendors.-- ``(A) Retail distributors.--Any retail distributor of any television receiving equipment described in section 303(s) that does not include a digital tuner shall-- ``(i) effective 90 days after the date of enactment of the National Digital Television Consumer Education Act, place adjacent to each unit of such equipment that such distributor displays for sale or rent a consumer alert as provided by the manufacturer pursuant to paragraph (2), except that such distributor shall not be required to affix such label to the television screen on such equipment, as long as the label is-- ``(I) in the close vicinity of, and associated with, the unit on display; and ``(II) clearly visible to consumers; and ``(ii) effective 90 days after the enactment of the National Digital Television Consumer Education Act, provide information to consumers, on signs and in pamphlet form, in the display area for product categories that include any television receiving equipment described in section 303(s) that does not include a digital tuner television, sufficient to convey the information carried in the consumer advisory label. Such signs and pamphlets shall also include information on recycling old televisions, computer monitors, computer central processing units, fax machines, and scanners and other consumer electronics. ``(B) Other vendors.--Effective 90 days after the date of enactment of the National Digital Television Consumer Education Act, any seller via direct mail, catalog, or electronic means, such as the Internet, of any television receiving equipment described in section 303(s) that does not include a digital tuner, shall include in clear and conspicuous print the consumer alert required by paragraph (2) at the point of display for the apparatus, or, if there is no display, at the point of sale. Such information shall also include information on recycling old televisions and other consumer electronics. ``(2) Consumer alert.--The consumer alert required by this paragraph shall display in clear and conspicuous print, the following consumer alert: ``Consumer Alert ``This TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. The TV should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television website at: www.dtv.gov. ``Nuncio Consumidor ``Esta TV tiene solo un sintonizador de emision analogo y por lo tanto requerira una caja de conversion despues del 17 de febrero de 2009 para recibir emisiones de TV terrestre con una antena, debido a la transicion nacional a la emision de TV digital. Esta continuara funcionando igualmente con TV por cable, sistema de TV satelite, consolas de juegos, videograbadoras, reproductores de DVD y productos similares. Si requiere mas informacion llame a la Comision Federal de Comunicaciones al 1-888-225-5322 (TTY: 1-888-835-5322) o visite el sitio web de la Comision en www.dtv.gov. ``(3) Other devices.--For devices other than television sets that are included in section 303(s) and that contain an analog tuner, but not a digital tuner, the Commission shall require the clear and conspicuous placement of a comparable consumer advisory label on such devices, as well as on the outside of the retail packaging of such devices. ``(4) Additional disclosures.-- ``(A) Announcements and notices required.--From November 1, 2007, through March 31, 2009-- ``(i) each television broadcaster shall air, at a minimum, 120 seconds per day of public service announcements between the hours of 6 a.m. and 11:35 p.m., at variable time slots throughout the week, with at least half aired between the hours of 5 p.m. and 11:35 p.m.; and ``(ii) any multichannel video program distributor shall include a notice in or with each periodic bill. ``(B) Content of announcements and notices.--The announcements and notices required by this paragraph shall educate consumers about the deadline for termination of analog television broadcasting and the equipment options consumers have after such termination. Announcements aired and notices distributed after January 1, 2008, shall also educate consumers about the need for and availability of the converter box voucher program and the steps to redeem the voucher. ``(5) Advisory committee.-- ``(A) Establishment.--The Commission shall, after consultation with the National Telecommunications and Information Administration and the Federal Trade Commission, create a DTV Transition Federal Advisory Committee to lead the effort to educate the public about the digital television transition and to ensure that the public knows the information described in paragraph (3)(B). Such consumer education shall commence no later than January 1, 2008. ``(B) Composition.--The committee shall be composed of representatives from the following groups: commercial broadcasters, noncommercial broadcasters, cable operators, satellite providers, retailers and manufacturers of consumer electronics equipment, electronic recyclers, minority groups, Hispanic Americans, Americans whose primary language is not English, Americans with disabilities, Americans living in rural communities, general business, senior citizens, commercial advertising, and consumers in general. ``(C) Advisory committee role.--The committee shall-- ``(i) develop a comprehensive education plan for consumers regarding the digital television transition which includes-- ``(I) specific and targeted messages to reach various consumer constituencies (such as low income, minorities, Spanish-speaking, and the elderly); ``(II) best methods to deliver the message to affected consumers; ``(III) implementation of the plan; ``(IV) website information and toll-free numbers; and ``(V) information on recycling old televisions and other consumer electronics; ``(ii) coordinate with stakeholders to ensure that the transition is properly implemented; and ``(iii) report to Congress every 6 months on how the transition is progressing. ``(D) First meeting.--The advisory committee shall conduct its first meeting within 60 days after the date of enactment of the National Digital Television Consumer Education Act. ``(6) Commission information services.-- ``(A) Toll-free line and website.--The Commission's toll-free number for consumers information and the Commission's Internet website shall provide information concerning the digital television transition, in the English and Spanish languages, not later than January 1, 2008. ``(B) Advertising.--The Commission is authorized and required to use funds available for consumer information activities to obtain advertising in public transportation vehicles and facilities to provide information concerning the digital television transition.''. SEC. 3. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM. Part C of the National Telecommunications and Information Administration Organization Act is amended by inserting after section 158 (47 U.S.C. 942) the following new section: ``SEC. 159. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM. ``(a) Program Authorized.--The Assistant Secretary of Commerce for Communications and Information is authorized to establish a temporary grant program for the purpose of coordinating and leading a nationwide consumer education and outreach campaign regarding America's conversion to digital television. ``(b) Single Grant.--No later than January 1, 2008, and ending no earlier than March 31, 2009, the Assistant Secretary shall award a single grant from the program authorized by this section to one qualified entity. ``(c) Qualified Entity.--For purposes of this section, the term `qualified entity' shall be a corporation, organized under section 501(c)(3) of the Internal Revenue Code of 1986, that represents the interests of local noncommercial television stations at the national level, and consults with commercial broadcasters, consumer equipment manufacturers, electronics retailers, cable and satellite operators, consumer groups, older Americans, Hispanic Americans, Americans whose primary language is not English, Americans with disabilities, and Americans living in rural communities. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2008. Such sums are authorized to remain available subject to subsection (e). ``(e) Termination.--Expenditures for the grant program under this section shall terminate on March 31, 2009.''. | National Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require retail distributors of television receiving equipment (TVs) to place adjacent to each unit displayed for sale a consumer alert in English and Spanish that the TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna. Imposes similar requirements on sellers that use direct mail, catalog, or electronic means such as the Internet. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination. Directs the Federal Communications Commission (FCC) to create a DTV Transition Federal Advisory Committee to educate the public about the digital television transition. Requires such education to commence by January 1, 2008. Requires the FCC to use funds available for consumer information activities to obtain advertising in public transportation vehicles and facilities to provide information concerning the digital television transition. Amends the National Telecommunications and Information Administration Organization Act to authorize the Assistant Secretary of Commerce for Communications and Information to establish a temporary grant program to coordinate and lead a nationwide consumer education and outreach campaign regarding America's conversion to digital television. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Verify First Act''. SEC. 2. PROVISION OF SOCIAL SECURITY NUMBER AS CONDITION OF RECEIVING THE HEALTH INSURANCE PREMIUM TAX CREDIT. (a) Application to Current Health Insurance Premium Tax Credit.-- Section 36B of the Internal Revenue Code of 1986, as in effect for months beginning before January 1, 2020, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Social Security Number Requirement.-- ``(1) In general.--No premium shall be taken into account under subsection (b)(2)(A) with respect to any individual for any taxable year unless the taxpayer includes such individual's social security number on the return of tax for the taxable year. ``(2) Application to advance payment.--No advance payment of the credit allowed under this section with respect to any premium described in paragraph (1) with respect to any individual shall be made under section 1412 of the Patient Protection and Affordable Care Act unless the Secretary, in consultation with the Commissioner of Social Security and the Secretary of Homeland Security, has verified the social security number of such individual. ``(3) Social security number.--For purposes of this subsection, the term `social security number' means a social security number issued to an individual by the Social Security Administration (other than a social security number issued pursuant to clause (II) (or that portion of clause (III) that relates to clause (II)) of section 205(c)(2)(B)(i) of the Social Security Act) on or before the due date for filing the return for the taxable year (for purposes of paragraph (2), before the close of the month to which the advance payment relates).''. (b) Application to New Health Insurance Premium Tax Credit.-- Section 36B of the Internal Revenue Code of 1986, as in effect for months beginning after December 31, 2019, is amended by adding at the end the following new subsection: ``(h) Social Security Number Requirement.-- ``(1) In general.--No amount shall be taken into account under subparagraph (A) or (B) of subsection (b)(1) with respect to any individual for any taxable year unless the taxpayer includes such individual's social security number on the return of tax for the taxable year. ``(2) Application to advance payment.--No advance payment of the credit allowed under this section with respect to any amount described in paragraph (1) with respect to any individual shall be made under section 1412 of the Patient Protection and Affordable Care Act unless the Secretary, in consultation with the Commissioner of Social Security and the Secretary of Homeland Security, has verified the social security number of such individual. ``(3) Social security number.--For purposes of this subsection, the term `social security number' means a social security number issued to an individual by the Social Security Administration (other than a social security number issued pursuant to clause (II) (or that portion of clause (III) that relates to clause (II)) of section 205(c)(2)(B)(i) of the Social Security Act) on or before the due date for filing the return for the taxable year (for purposes of paragraph (2), before the close of the month to which the advance payment relates).''. (c) Omission of Correct Social Security Number Treated as Mathematical or Clerical Error.--Section 6213(g)(2) is amended by striking ``and'' at the end of subparagraph (P), by striking the period at the end of subparagraph (Q) and inserting a comma, and by inserting after subparagraph (Q) the following new subparagraph: ``(R) an omission of a correct social security number required under subsection (h)(1) of section 36B (subsection (g)(1) of section 36B in the case of months beginning before January 1, 2020) to be included on a return.''. (d) Effective Dates.-- (1) Application to current health insurance premium tax credit.-- (A) In general.--Except as otherwise provided in this paragraph, the amendment made by subsection (a) shall apply to taxable years ending after the date of the enactment of this Act. (B) Advance payment.--Section 36B(g)(2) of the Internal Revenue Code of 1986, as amended by this section and as in effect for months beginning before January 1, 2020, shall apply to months beginning after the date of the enactment of this Act. (2) Application to new health insurance premium tax credit.--The amendment made by subsection (b) shall apply to months beginning after December 31, 2019, in taxable years ending after such date. (3) Treatment as mathematical or clerical error.--The amendments made by subsection (c) shall apply to taxable years ending after the date of the enactment of this Act. | Verify First Act This bill amends the Internal Revenue Code to require taxpayers to provide their Social Security numbers on their tax returns to be eligible for the health insurance premium tax credit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Terrorism Risk Insurance Extension Act of 2004''. SEC. 2. EXTENSION OF TERRORISM RISK INSURANCE PROGRAM. (a) Extension of Program Years.--Section 108(a) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2336) is amended by striking ``2005'' and inserting ``2007''. (b) Continuing Authority of the Secretary.--Section 108(b) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2336) is amended by striking ``arising out of'' and all that follows through ``this title''. SEC. 3. CONFORMING AMENDMENTS. (a) Definitions.-- (1) Program years.--Section 102(11) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2326) is amended by adding at the end the following: ``(E) Program year 4.--The term `Program Year 4' means the period beginning on January 1, 2006 and ending on December 31, 2006. ``(F) Program year 5.--The term `Program Year 5' means the period beginning on January 1, 2007 and ending on December 31, 2007. ``(G) Other program years.--Except when used as provided in subparagraphs (B) through (F), the term `Program Year' means, as the context requires, any of Program Year 1, Program Year 2, Program Year 3, Program Year 4, or Program Year 5.''. (2) Insured losses.--Section 102(5) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2324) is amended-- (A) by inserting ``on or before December 31, 2007, as required by this title,'' before ``if such loss''; (B) by striking ``(A) occurs within'' and inserting the following: ``(A) occurs on or before the earlier of the expiration date of the insurance policy or December 31, 2008; and ``(B) occurs-- ``(i) within''; and (C) by striking ``occurs to an air carrier'' and inserting the following: ``(ii) to an air carrier''. (3) Conforming amendments.--Section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2323) is amended-- (A) in paragraph (1)(A)(iii)(I), by striking ``(5)(B)'' and inserting ``(5)(B)(ii)''; and (B) in paragraph (4), by striking ``subparagraphs (A) and (B)'' and inserting ``subparagraph (B)''. (b) Applicable Insurer Deductibles.--Section 102(7) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2325) is amended-- (1) in subparagraph (D)-- (A) by inserting ``and each Program Year thereafter'' before ``, the value''; and (B) by striking ``preceding Program Year 3'' and inserting ``preceding that Program Year''; and (2) in subparagraph (E), by striking ``for the Transition'' and all that follows through ``Program Year 3'' and inserting the following: ``for the Transition Period or any Program Year''. (c) Continuation of Mandatory Availability.--Section 103(c)(1) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2327) is amended-- (1) by striking ``last day of Program Year 2'' and inserting ``termination date established under section 108(a)''; and (2) by striking the paragraph heading and inserting ``In general.--''. (d) Duration of Policies.--Section 103(c) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2327) is amended-- (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting after paragraph (1) the following: ``(2) Mandatory duration.--Coverage for insured losses required by paragraph (1) under a policy issued at any time during Program Year 5 shall remain in effect for not less than 1 year following the date of issuance of the policy, except that no loss occurring after the earlier of the expiration date of the subject insurance policy or December 31, 2008, shall be considered to be an insured loss for purposes of this title.''. (e) Insured Loss Shared Compensation.--Section 103(e) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2328) is amended-- (1) in paragraph (2)(A), by striking ``ending on'' and all that follows through ``Program Year 3'' and inserting ``ending on the termination date established under section 108(a)''; and (2) in paragraph (3), by striking ``ending on'' and all that follows through ``Program Year 3'' and inserting ``ending on the termination date established under section 108(a)''. (f) Aggregate Retention Amount.--Section 103(e)(6) of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2328) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(D) for Program Year 4, the lesser of-- ``(i) $17,500,000,000; and ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year; and ``(E) for Program Year 5, the lesser of-- ``(i) $20,000,000,000; and ``(ii) the aggregate amount, for all insurers, of insured losses during such Program Year.''. SEC. 4. COVERAGE OF GROUP LIFE INSURANCE. Section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2327) is amended by striking subsection (h) and inserting the following: ``(h) Applicability to Group Life Insurance.-- ``(1) In general.--The Secretary shall, by rule, apply the provisions of this title to providers of group life insurance, in the manner determined appropriate by the Secretary, consistent with the purposes of this title. ``(2) Consistent application.--The rules of the Secretary under this subsection shall, to the extent practicable, apply the provisions of this title to providers of group life insurance in a similar manner as those provisions apply to an insurer otherwise under this title. ``(3) Considerations.--In determining the applicability of this title to providers of group life insurance, and the manner of such application, the Secretary shall consider the overall group life insurance market size, and shall consider the establishment of separate retention amounts for such providers. ``(4) Rulemaking required.--Not later than 90 days after the date of enactment of the Terrorism Risk Insurance Extension Act of 2004, the Secretary shall issue final regulations to carry out this subsection. ``(5) Rule of construction.--Nothing in this subsection may be construed to affect or otherwise alter the applicability of this title to any insurer, as defined in section 102. ``(6) Definition.--As used in this subsection, the term `group life insurance' means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.''. SEC. 5. RECOMMENDATIONS FOR LONG-TERM SOLUTIONS. Section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note, 116 Stat. 2328) is amended by adding at the end the following: ``(e) Recommendations for Long-Term Solutions.--The Presidential Working Group on Financial Markets shall, in consultation with the NAIC, representatives of the insurance industry, and representatives of policy holders, not later than June 30, 2006, submit a report to Congress containing recommendations for legislation to address the long-term availability and affordability of insurance for terrorism risk.''. | Terrorism Insurance Extension Act of 2004 - Amends the Terrorism Risk Insurance Act of 2002 (TRIA) to extend the terrorism risk insurance program from 2005 through 2007. Repeals the condition on the authority of the Secretary of the Treasury to pay or adjust compensation for insured losses after termination of the program that limits such losses to those arising from an act of terrorism occurring only during the period in which the program was in effect. Defines "Program Year 4" as calendar 2006 and "Program Year 5" as calendar 2007. Increases the insurance marketplace aggregate retention amount for Program Years 4 and 5. Directs the Secretary to apply TRIA to providers of group life insurance. Instructs the Presidential Working Group on Financial Markets to report to Congress its recommendations for legislation to address the long-term availability and affordability of insurance for terrorism risk. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Recreational Fishing and Hunting Heritage and Opportunities Act''. SEC. 2. FINDINGS. Congress finds that-- (1) recreational fishing and hunting are important and traditional activities in which millions of Americans participate; (2) recreational anglers and hunters have been and continue to be among the foremost supporters of sound fish and wildlife management and conservation in the United States; (3) recreational fishing and hunting are environmentally acceptable and beneficial activities that occur and can be provided on Federal public lands and waters without adverse effects on other uses or users; (4) recreational anglers, hunters, and sporting organizations provide direct assistance to fish and wildlife managers and enforcement officers of the Federal Government as well as State and local governments by investing volunteer time and effort to fish and wildlife conservation; (5) recreational anglers, hunters, and the associated industries have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management by providing revenues from purchases of fishing and hunting licenses, permits, and stamps, as well as excise taxes on fishing, hunting, and shooting equipment that have generated billions of dollars of critical funding for fish and wildlife conservation, research, and management; (6) recreational shooting is also an important and traditional activity in which millions of Americans participate, safe recreational shooting is a valid use of Federal public lands, including the establishment of safe and convenient shooting ranges on such lands, and participation in recreational shooting helps recruit and retain hunters and contributes to wildlife conservation; (7) opportunities to recreationally fish, hunt, and shoot are declining, which depresses participation in these traditional activities, and depressed participation adversely impacts fish and wildlife conservation and funding for important conservation efforts; and (8) the public interest would be served, and our citizens' fish and wildlife resources benefitted, by action to ensure that opportunities are facilitated to engage in fishing and hunting on Federal public land as recognized by Executive Order No. 12962, relating to recreational fisheries, and Executive Order No. 13443, relating to facilitation of hunting heritage and wildlife conservation. SEC. 3. DEFINITIONS. In this Act: (1) Federal public land.--The term ``Federal public land'' means any land or water that is owned and managed by the Bureau of Land Management or the Forest Service. (2) Federal public land management officials.--The term ``Federal public land management officials'' means-- (A) the Secretary of the Interior and Director of the Bureau of Land Management regarding Bureau of Land Management lands and waters; and (B) the Secretary of Agriculture and Chief of the Forest Service regarding the National Forest System. (3) Hunting.-- (A) In general.--Except as provided in subparagraph (B), the term ``hunting'' means use of a firearm, bow, or other authorized means in the lawful-- (i) pursuit, shooting, capture, collection, trapping, or killing of wildlife; (ii) attempt to pursue, shoot, capture, collect, trap, or kill wildlife; or (iii) the training of hunting dogs, including field trials. (B) Exclusion.--The term ``hunting'' does not include the use of skilled volunteers to cull excess animals (as defined by other Federal law). (4) Recreational fishing.--The term ``recreational fishing'' means the lawful-- (A) pursuit, capture, collection, or killing of fish; or (B) attempt to capture, collect, or kill fish. (5) Recreational shooting.--The term ``recreational shooting'' means any form of sport, training, competition, or pastime, whether formal or informal, that involves the discharge of a rifle, handgun, or shotgun, or the use of a bow and arrow. SEC. 4. RECREATIONAL FISHING, HUNTING, AND SHOOTING. (a) In General.--Subject to valid existing rights and subsection (g), and cooperation with the respective State fish and wildlife agency, Federal public land management officials shall exercise authority under existing law, including provisions regarding land use planning, to facilitate use of and access to Federal public lands, including National Monuments, Wilderness Areas, Wilderness Study Areas, and lands administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas, for fishing, sport hunting, and recreational shooting, except as limited by-- (1) statutory authority that authorizes action or withholding action for reasons of national security, public safety, or resource conservation; (2) any other Federal statute that specifically precludes recreational fishing, hunting, or shooting on specific Federal public lands, waters, or units thereof; and (3) discretionary limitations on recreational fishing, hunting, and shooting determined to be necessary and reasonable as supported by the best scientific evidence and advanced through a transparent public process. (b) Management.--Consistent with subsection (a), the head of each Federal public land management agency shall exercise its land management discretion-- (1) in a manner that supports and facilitates recreational fishing, hunting, and shooting opportunities; (2) to the extent authorized under applicable State law; and (3) in accordance with applicable Federal law. (c) Planning.-- (1) Evaluation of effects on opportunities to engage in recreational fishing, hunting, or shooting.--Federal public land planning documents, including land resources management plans, resource management plans, and comprehensive conservation plans, shall include a specific evaluation of the effects of such plans on opportunities to engage in recreational fishing, hunting, or shooting. (2) No major federal action.--No action taken under this Act, or under section 4 of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd), either individually or cumulatively with other actions involving Federal public lands or lands managed by the United States Fish and Wildlife Service, shall be considered to be a major Federal action significantly affecting the quality of the human environment, and no additional identification, analysis, or consideration of environmental effects, including cumulative effects, is necessary or required. (3) Other activity not considered.--Federal public land management officials are not required to consider the existence or availability of recreational fishing, hunting, or shooting opportunities on adjacent or nearby public or private lands in the planning for or determination of which Federal public lands are open for these activities or in the setting of levels of use for these activities on Federal public lands, unless the combination or coordination of such opportunities would enhance the recreational fishing, hunting, or shooting opportunities available to the public. (d) Federal Public Lands.-- (1) Lands open.--Lands under the jurisdiction of the Bureau of Land Management and the Forest Service, including Wilderness Areas, Wilderness Study Areas, lands designated as wilderness or administratively classified as wilderness eligible or suitable and primitive or semi-primitive areas and National Monuments, but excluding lands on the Outer Continental Shelf, shall be open to recreational fishing, hunting, and shooting unless the managing Federal agency acts to close lands to such activity. Lands may be subject to closures or restrictions if determined by the head of the agency to be necessary and reasonable and supported by facts and evidence, for purposes including resource conservation, public safety, energy or mineral production, energy generation or transmission infrastructure, water supply facilities, protection of other permittees, protection of private property rights or interest, national security, or compliance with other law. (2) Shooting ranges.-- (A) In general.--The head of each Federal agency shall use his or her authorities in a manner consistent with this Act and other applicable law, to-- (i) lease or permit use of lands under the jurisdiction of the agency for shooting ranges; and (ii) designate specific lands under the jurisdiction of the agency for recreational shooting activities. (B) Limitation on liability.--Any designation under subparagraph (A)(ii) shall not subject the United States to any civil action or claim for monetary damages for injury or loss of property or personal injury or death caused by any activity occurring at or on such designated lands. (e) Necessity in Wilderness Areas and ``Within and Supplemental to'' Wilderness Purposes.-- (1) Minimum requirements for administration.--The provision of opportunities for hunting, fishing and recreational shooting, and the conservation of fish and wildlife to provide sustainable use recreational opportunities on designated Federal wilderness areas shall constitute measures necessary to meet the minimum requirements for the administration of the wilderness area, provided that this determination shall not authorize or facilitate commodity development, use, or extraction, motorized recreational access or use that is not otherwise allowed under the Wilderness Act (16 U.S.C. 1131 et seq.), or permanent road construction or maintenance within designated wilderness areas. (2) Application of wilderness act.--Provisions of the Wilderness Act (16 U.S.C. 1131 et seq.), stipulating that wilderness purposes are ``within and supplemental to'' the purposes of the underlying Federal land unit are reaffirmed. When seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities on designated wilderness areas, the head of each Federal agency shall implement these supplemental purposes so as to facilitate, enhance, or both, but not to impede the underlying Federal land purposes when seeking to carry out fish and wildlife conservation programs and projects or provide fish and wildlife dependent recreation opportunities in designated wilderness areas, provided that such implementation shall not authorize or facilitate commodity development, use or extraction, or permanent road construction or use within designated wilderness areas. (f) Report.--Beginning on the second October 1 after the date of the enactment of this Act and biennially on October 1 thereafter, the head of each Federal agency who has authority to manage Federal public land on which fishing, hunting, or recreational shooting occurs shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes-- (1) any Federal public land administered by the agency head that was closed to recreational fishing, sport hunting, or shooting at any time during the preceding year; and (2) the reason for the closure. (g) Closures or Significant Restrictions of 640 or More Acres.-- (1) In general.--Other than closures established or prescribed by land planning actions referred to in subsection (d) or emergency closures described in paragraph (3) of this subsection, a permanent or temporary withdrawal, change of classification, or change of management status of Federal public land that effectively closes or significantly restricts 640 or more contiguous acres of Federal public land to access or use for fishing or hunting or activities related to fishing, hunting, or both, shall take effect only if, before the date of withdrawal or change, the head of the Federal agency that has jurisdiction over the Federal public land-- (A) publishes appropriate notice of the withdrawal or change, respectively; (B) demonstrates that coordination has occurred with a State fish and wildlife agency; and (C) submits to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate written notice of the withdrawal or change, respectively. (2) Aggregate or cumulative effects.--If the aggregate or cumulative effect of separate withdrawals or changes effectively closes or significantly restricts 1,280 or more acres of land or water, such withdrawals and changes shall be treated as a single withdrawal or change for purposes of paragraph (1). (3) Emergency closures.--Nothing in this Act prohibits a Federal land management agency from establishing or implementing emergency closures or restrictions of the smallest practicable area to provide for public safety, resource conservation, national security, or other purposes authorized by law. Such an emergency closure shall terminate after a reasonable period of time unless converted to a permanent closure consistent with this Act. (h) National Park Service Units Not Affected.--Nothing in this Act shall affect or modify management or use of units of the National Park System. (i) No Priority.--Nothing in this Act requires a Federal land management agency to give preference to recreational fishing, hunting, or shooting over other uses of Federal public land or over land or water management priorities established by Federal law. (j) Consultation With Councils.--In fulfilling the duties set forth in this Act, the heads of Federal agencies shall consult with respective advisory councils as established in Executive Order Nos. 12962 and 13443. (k) Authority of the States.-- (1) In general.--Nothing in this Act shall be construed as interfering with, diminishing, or conflicting with the authority, jurisdiction, or responsibility of any State to exercise primary management, control, or regulation of fish and wildlife under State law (including regulations) on land or water within the State, including on Federal public land. (2) Federal licenses.--Nothing in this Act shall be construed to authorize the head of a Federal agency to require a license, fee, or permit to fish, hunt, or trap on land or water in a State, including on Federal public land in the States, except that this paragraph shall not affect the Migratory Bird Stamp requirement set forth in the Migratory Bird Hunting and Conservation Stamp Act (16 U.S.C. 718 et seq.). | Recreational Fishing and Hunting Heritage and Opportunities Act Requires federal public land management officials to facilitate the use of, and access to, federal public lands for fishing, sport hunting, and recreational shooting with specified exceptions. Requires Bureau of Land Management (BLM) and Forest Service lands, excluding lands on the Outer Continental Shelf, to be open to recreational fishing, hunting, and shooting unless the managing agency acts to close such lands to such activity for purposes of resource conservation, public safety, energy production, water supply facilities, or national security. Requires the heads of federal agencies to use their authorities to lease their lands or permit use of their lands for shooting ranges, and designate specific lands for recreational shooting activities. Sets forth requirements for a permanent or temporary withdrawal, change of classification, or change of management status that effectively closes or significantly restricts 640 or more contiguous acres of federal public lands for fishing or hunting or related activities. |
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT. (a) In General.--This Act may be cited as the ``Clean Water Infrastructure and Security Improvement Act of 2002''. (b) Amendment of Federal Water Pollution Control Act.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387). SEC. 2. GENERAL AUTHORITY FOR CAPITALIZATION GRANTS. Section 601(a) (33 U.S.C. 1381(a)) is amended by striking ``(1) for construction'' and all that follows through the period and inserting ``to accomplish the purposes of this Act.''. SEC. 3. CAPITALIZATION GRANTS AGREEMENTS. (a) Requirements for Construction of Treatment Works.--Section 602(b)(6) (33 U.S.C. 1382(b)(6)) is amended to read as follows: ``(6) treatment works eligible under section 603(c)(1) of this Act constructed in whole or in part with funds made available by a State water pollution control revolving fund under this title and section 205(m) of this Act will meet the requirements of section 513 of this Act in the same manner as treatment works constructed with assistance under title II of this Act;''. (b) Architectural and Engineering Contracts.--Section 602(b) (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will require that each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services entered into using amounts from the fund will be awarded in the same way that a contract for architectural and engineering services is awarded under title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.), or an equivalent qualifications- based requirement prescribed by the State, except that such an award shall not be construed as conferring a proprietary interest upon the United States.''. (c) Guidance for Small Systems.--Section 602 (33 U.S.C. 1382) is amended by adding at the end the following: ``(c) Guidance for Small Systems.-- ``(1) Simplified procedures.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall assist the States in establishing simplified procedures for small systems to obtain assistance under this title. ``(2) Publication of manual.--Not later than 1 year after the date of enactment of this subsection, and after providing notice and opportunity for public comment, the Administrator shall publish a manual to assist small systems in obtaining assistance under this title and publish in the Federal Register notice of the availability of the manual. ``(3) Small system defined.--For purposes of this title, the term `small system' means a system for which a municipality or intermunicipal, interstate, or State agency seeks assistance under this title and which serves a population of 10,000 or less.''. SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS. (a) Activities Eligible for Assistance.--Section 603(c) (33 U.S.C. 1383(c)) is amended to read as follows: ``(c) Activities Eligible for Assistance.-- ``(1) In general.--The amounts of funds available to each State water pollution control revolving fund shall be used only for providing financial assistance to activities that have as a principal benefit the improvement or protection of water quality of navigable waters to a municipality, intermunicipal agency, interstate agency, State agency, or other person. Such activities may include the following: ``(A) Construction of a publicly owned treatment works. ``(B) Implementation of lake protection programs and projects under section 314. ``(C) Implementation of a management program under section 319. ``(D) Implementation of a conservation and management plan under section 320. ``(E) Restoration or protection of publicly or privately owned riparian areas, including acquisition of property rights. ``(F) Implementation of measures to promote beneficial reuse of wastewater. ``(G) Development and implementation of plans by a public recipient to prevent water pollution. ``(H) Acquisition of lands necessary to meet any mitigation requirements related to construction of a publicly owned treatment works. ``(I) Implementation of measures to enhance the security of publicly owned treatment works. ``(2) Fund amounts.--The water pollution control revolving fund of a State shall be established, maintained, and credited with repayments, and the fund balance shall be available in perpetuity for providing financial assistance described in paragraph (1). Fees charged by a State to recipients of such assistance may be deposited in the fund for the sole purpose of financing the cost of administration of this title.''. (b) Loan Guarantees.--Section 603(d)(5) (33 U.S.C. 1383(d)(5)) is amended to read as follows: ``(5) to provide loan guarantees for-- ``(A) similar revolving funds established by municipalities or intermunicipal agencies; and ``(B) developing and implementing innovative technologies.''. (c) Administrative Expenses.--Section 603(d)(7) (33 U.S.C. 1383(d)(7)) is amended by inserting before the period at the end the following: ``or $400,000 per year or \1/2\ percent per year of the current valuation of such fund, whichever is greater, plus the amount of any fees collected by the State for such purpose under subsection (c)(2)''. (d) Technical and Planning Assistance for Small Systems.--Section 603(d) (33 U.S.C. 1383(d)) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting a semicolon; and (3) by adding at the end the following: ``(8) to provide to small systems technical and planning assistance and assistance in financial management, user fee analysis, budgeting, capital improvement planning, facility operation and maintenance, repair schedules, and other activities to improve wastewater treatment plant operations, except that such amounts shall not exceed 2 percent of all grant awards to such fund under this title; and''. (e) Grants to Financially Distressed Communities.--Section 603(d) (33 U.S.C. 1383(d)) is further amended by adding at the end the following: ``(9) to make grants to financially distressed communities in the State in the amounts specified in subsection (i).''. (f) Consistency With Planning Requirements.--Section 603(f) (33 U.S.C. 1383(f)) is amended by striking ``is consistent'' and inserting ``is not inconsistent''. (g) Construction Assistance.--Section 603(g) (33 U.S.C. 1383(g)) is amended to read as follows: ``(g) Construction Assistance.-- ``(1) Priority list requirement.--The State may provide financial assistance from its water pollution control revolving fund with respect to a project for construction of a publicly owned treatment works only if such project is on the State's priority list under section 216 of this Act without regard to the rank of such project on the State's priority list. ``(2) Eligibility of certain treatment works.--A treatment works shall be treated as a publicly owned treatment works for purposes of subsection (c) if the treatment works, without regard to ownership, would be considered a publicly owned treatment works and is principally treating municipal waste water or domestic sewage.''. (h) Financially Distressed Communities.--Section 603 is amended by adding at the end the following: ``(i) Financially Distressed Communities.-- ``(1) Grants.-- ``(A) In general.--In any fiscal year in which the Administrator has available for obligation more than $1,400,000,000 for the purposes of this title, a State shall make grants to financially distressed communities in the State in an amount equal to 25 percent of the difference between-- ``(i) the total amount that would have been allotted to the State under section 604 for such fiscal year if the amount available to the Administrator for obligation under this title for such fiscal year had been equal to $1,400,000,000; and ``(ii) the total amount allotted to the State under section 604 for such fiscal year. ``(B) Period of availability.--Notwithstanding section 604(c), amounts to be used by a State under this paragraph for making grants to financially distressed communities shall remain available to the State until expended. ``(C) Certification.--A State may make a grant to a financially distressed community under this paragraph only if the community certifies to the State that the amounts of the grant will be used to improve water quality. ``(2) Priority for loans.--A State may give priority to a financially distressed community in making loans from its water pollution control revolving fund. ``(3) Financially distressed community defined.--In this section, the term `financially distressed community' means any community that meets affordability criteria established by the State in which the treatment works is located, if such criteria are developed after public review and comment. ``(4) Information to assist states.--The Administrator may publish information to assist States in establishing affordability criteria under paragraph (3).''. (i) Design-Build.--Section 603 is further amended by adding at the end the following: ``(j) Design-Build.-- ``(1) In general.--To the extent permitted by State law, a recipient of financial assistance from a State's water pollution control revolving fund may use the design-build project delivery method for any project for the design and construction of a publicly owned treatment works or other infrastructure facility receiving such assistance. ``(2) Selection procedures.--In carrying out a project using the design-build project delivery method, a recipient described in paragraph (1) shall use the design-build selection procedures established under section 303M of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253m). ``(3) Design-build defined.--In this subsection, the term `design-build' means an agreement between a recipient described in paragraph (1) and a contractor that provides for the design and construction of a publicly owned treatment works or other infrastructure facility under a single contract.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. Section 607 (33 U.S.C. 1387) is amended by striking paragraphs (1) through (5) and inserting the following: ``(1) $3,000,000,000 for fiscal year 2003; ``(2) $4,000,000,000 for fiscal year 2004; ``(3) $5,000,000,000 for fiscal year 2005; ``(4) $6,000,000,000 for fiscal year 2006; and ``(5) $7,000,000,000 for fiscal year 2007.''. | Clean Water Infrastructure and Security Improvement Act of 2002 - Amends the Federal Water Pollution Control Act to remove certain requirements for States with respect to construction of treatment works under capitalization grant agreements.Requires architectural and engineering contracts to be awarded consistent with procedures under the Federal Property and Administrative Services Act of 1949 or an equivalent State qualifications-based requirement.Directs the Administrator of the Environmental Protection Agency to assist States in establishing simplified procedures for small water systems to obtain assistance under the Act.Requires revolving funds to be used only for providing assistance for activities which have as a principal benefit the improvement or protection of water quality of navigable waters. Makes revisions concerning uses of funds for: (1) innovative technologies; (2) administrative expenses; (3) small system technical, planning, and management assistance; and (4) financially distressed communities.Revises requirements related to consistency with plans and eligibility of treatment works not considered publicly owned.Requires States to make grants to financially distressed communities in any fiscal year in which the Administrator has more than $1.4 billion available for obligation and allows a State to give priority to such communities in making loans.Allows a recipient of assistance from a State revolving fund to use the design-build project delivery (single contract) method.Reauthorizes appropriations for FY 2003 through 2007 for the revolving fund program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The 23rd Headquarters Special Troops (the ``Ghost Army'') was a top-secret unit of the United States Army that served in the European Theater of Operations during World War II. (2) The unit was actively engaged in battlefield operations from June of 1944 through March of 1945. (3) The deceptive activities of the Ghost Army were essential to several Allied victories across Europe and are estimated to have saved thousands of lives. (4) In evaluating the performance of the Ghost Army after the War, a U.S. Army analysis found that ``Rarely, if ever, has there been a group of such a few men which had so great an influence on the outcome of a major military campaign.''. (5) Many Ghost Army soldiers were specially selected for their mission, and were recruited from art schools, advertising agencies, communications companies, and other creative and technical professions. (6) The first four members of the Ghost Army landed on D- Day and two became casualties while camouflaging early beach installations. (7) The Ghost Army's secret deception operations commenced in France on June 14, 1944, when Task Force Mason landed at Omaha Beach to draw enemy fire and protect the 980th Artillery for 28 days. (8) Task Force Mason was a prelude to 21 full-scale tactical deceptions completed by the Ghost Army. (9) Often operating on or near the front lines, the Ghost Army used inflatable tanks, artillery, airplanes and other vehicles, advanced engineered soundtracks, and skillfully crafted radio trickery to create the illusion of sizable American forces where there were none and to draw the enemy away from Allied troops. (10) Ghost Army soldiers impersonated other, larger Army units by sewing counterfeit patches onto their uniforms, painting false markings on their vehicles, and creating phony headquarters staffed by fake generals, all in an effort to feed false information to Axis spies. (11) During the Battle of the Bulge, the Ghost Army created counterfeit radio traffic to mask the efforts of General George Patton's Third Army as it mobilized to break through to the 101st Airborne and elements of 10th Armored Division in the besieged Belgian town of Bastogne. (12) In its final mission, Operation Viersen, the Ghost Army deployed a tactical deception that drew German units down the Rhine River and away from the 9th Army, allowing the 9th Army to cross the Rhine into Germany. On this mission, the 1,100 men of the Ghost Army, with the assistance of other units, impersonated forty thousand men, or two complete divisions of American forces, by using fabricated radio networks, soundtracks of construction work and artillery fire, and more than 600 inflatable vehicles. (13) Three Ghost Army soldiers gave their lives and dozens were injured in carrying out their mission. (14) The activities of the Ghost Army remained classified for more than forty years after the war and the extraordinary accomplishments of this unit are deserving of belated recognition. (15) The United States will be eternally grateful to the Ghost Army for their proficient use of innovative tactics throughout World War II, which saved thousands of lives and were instrumental in the defeat of Nazi Germany. SEC. 3. 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 gold medal of appropriate design to the 23rd Headquarters Special Troops, known as the ``Ghost Army'', collectively, in recognition of its unique and incredible 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 (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 Ghost Army, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian Institution. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medal, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 5. NATIONAL MEDALS. Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. | Ghost Army Congressional Gold Medal Act The Speaker of the House of Representatives and the President pro tempore of the Senate shall award a Congressional Gold Medal to the 23rd Headquarters Special Troops, known collectively as the "Ghost Army," in recognition of its service during World War II. It is the sense of the Congress that the Smithsonian Institution should make the medal available for display elsewhere, particularly at appropriate locations associated with the Ghost Army, and that preference should be given to locations affiliated with the Smithsonian. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Animal Enterprise Terrorism Act''. SEC. 2. INCLUSION OF ECONOMIC DISRUPTION TO ANIMAL ENTERPRISES AND THREATS OF DEATH AND SERIOUS BODILY INJURY TO ASSOCIATED PERSONS. (a) In General.--Section 43 of title 18, United States Code, is amended to read as follows: ``Sec. 43. Force, violence, and threats involving animal enterprises ``(a) Offense.--Whoever travels in interstate or foreign commerce, or uses or causes to be used the mail or any facility of interstate or foreign commerce-- ``(1) for the purpose of damaging or disrupting an animal enterprise; and ``(2) in connection with such purpose-- ``(A) intentionally damages, disrupts, or causes the loss of any property (including animals or records) used by the animal enterprise, or any property of a person or entity having a connection to, relationship with, or transactions with the animal enterprise; ``(B) intentionally places a person in reasonable fear of the death of, or serious bodily injury to that person, a member of the immediate family (as defined in section 115) of that person, or a spouse or intimate partner of that person by a course of conduct involving threats, acts of vandalism, property damage, trespass, harassment, or intimidation; or ``(C) conspires or attempts to do so; shall be punished as provided for in subsection (b). ``(b) Penalties.-- ``(1) Economic damage.--Any person who, in the course of a violation of subsection (a) causes economic damage not exceeding $10,000 shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Significant economic damage or economic disruption.-- Any person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $10,000 but not exceeding $100,000 shall be fined under this title or imprisoned not more than 5 years, or both. ``(3) Major economic damage or economic disruption.--Any person who, in the course of a violation of subsection (a), causes economic damage or economic disruption exceeding $100,000 shall be fined under this title or imprisoned not more than 10 years, or both. ``(4) Significant bodily injury or threats.--Any person who, in the course of a violation of subsection (a), causes significant bodily injury to another individual or intentionally instills in another the reasonable fear of death or serious bodily injury shall be fined under this title or imprisoned not more than 5 years, or both. ``(5) Serious bodily injury.--Any person who, in the course of a violation of subsection (a), causes serious bodily injury to another individual shall be fined under this title or imprisoned not more than 20 years, or both. ``(6) Death.--Any person who, in the course of a violation of subsection (a), causes the death of an individual shall be fined under this title and shall be punished by death or imprisoned for life or for any term of years. ``(7) Conspiracy and attempt.--Any person who conspires or attempts to commit an offense under subsection (a) shall be subject to the same penalties as those prescribed for the substantive offense. ``(c) Restitution.--An order of restitution under section 3663 or 3663A of this title with respect to a violation of this section may also include restitution-- ``(1) for the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of the offense; ``(2) the loss of food production or farm income reasonably attributable to the offense; and ``(3) for any other economic damage, including any losses or costs caused by economic disruption, resulting from the offense. ``(d) Definitions.--As used in this section-- ``(1) the term `animal enterprise' means-- ``(A) a commercial or academic enterprise that uses or sells animals or animal products for profit, food or fiber production, agriculture, research, or testing; ``(B) a zoo, aquarium, animal shelter, pet store, breeder, furrier, circus, or rodeo, or other lawful competitive animal event; or ``(C) any fair or similar event intended to advance agricultural arts and sciences; ``(2) the term `course of conduct' means a pattern of conduct composed of 2 or more acts, evidencing a continuity of purpose; ``(3) the term `economic damage' means the replacement costs of lost or damaged property or records, the costs of repeating an interrupted or invalidated experiment, or the loss of profits; ``(4) the term `economic disruption'-- ``(A) means losses and increased costs that individually or collectively exceed $10,000, including losses and increased costs resulting from threats, acts of vandalism, property damage, trespass, harassment or intimidation taken against a person or entity on account of that person's or entity's connection to, relationship with, or transactions with the animal enterprise; and ``(B) does not include any lawful economic disruption that results from lawful public, governmental, or business reaction to the disclosure of information about an animal enterprise; ``(5) the term `serious bodily injury' means-- ``(A) injury posing a substantial risk of death; ``(B) extreme physical pain; ``(C) protracted and obvious disfigurement; or ``(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and ``(6) the term `significant bodily injury' means-- ``(A) deep cuts and serious burns or abrasions; ``(B) short-term or nonobvious disfigurement; ``(C) fractured or dislocated bones, or torn members of the body; ``(D) significant physical pain; ``(E) illness; ``(F) short-term loss or impairment of the function of a bodily member, organ, or mental faculty; or ``(G) any other significant injury to the body. ``(e) Non-Preemption.--Nothing in this section preempts any State law.''. (b) Conforming Amendment.--Section 2516(1)(c) of title 18, United States Code, is amended by inserting ``section 43 (force, violence and threats involving animal enterprises),'' before ``section 201 (bribery of public officials and witnesses)''. | Animal Enterprise Terrorism Act - Rewrites federal criminal code provisions regarding animal enterprise terrorism to prohibit anyone from traveling in, or using the mail or any facility of, interstate or foreign commerce for the purpose of damaging or disrupting an animal enterprise and, in connection with such purpose: (1) intentionally damaging, disrupting, or causing the loss of property used by or owned in connection with such enterprise; (2) intentionally placing a person in reasonable fear of death or serious bodily injury to that person or a family member through threats, vandalism, property damage, trespass, harassment, or intimidation; or (3) conspiring or attempting to do so. Prescribes escalating penalties. Authorizes restitution for: (1) the reasonable cost of repeating any experimentation that was interrupted or invalidated as a result of such offense; (2) the loss of food production or farm income reasonably attributable to such offense; and (3) any other economic damage, including any losses or costs caused by economic disruption, resulting from such offense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighborhood Infrastructure Improvement and Inner City Job Creation Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. The Secretary of Labor (in this Act referred to as the ``Secretary'') shall provide grants to eligible administrative entities described in section 3(a) for the purpose of establishing and carrying out programs that provide employment opportunities to unemployed individuals through payments for labor and related costs associated with the repair and renovation of essential community facilities. SEC. 3. ELIGIBLE ADMINISTRATIVE ENTITIES. (a) In General.--An administrative entity shall be eligible to receive a grant under section 2 if the entity is-- (1) a private industry council (described under section 102 of the Job Training Partnership Act (29 U.S.C. 1512)), (2) a unit of general local government, (3) a nonprofit private organization, or (4) in the case of a grant involving a Native American Indian tribe or Alaska Native Village, a grantee designated under subsection (c) or (d) of section 401 of the Job Training Partnership Act, or a consortium of such grantees and the State, that serves 1 or more eligible jurisdictions described under subsection (b). (b) Eligible Jurisdiction.--An eligible jurisdiction described under this subsection is an area which has a poverty rate in excess of 30 percent and which is-- (1) a unit of general local government which has a population of 50,000 or more individuals; or (2) a Native American Indian tribe, band, or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group as defined in the Alaska Native Claims Settlement Act, having a governing body. (c) Priority.--In selecting administrative entities described in subsection (a) to receive a grant under section 2, priority shall be given to administrative entities that give assurances to the Secretary in the application submitted under section 4 that such entities will give priority to individuals who are low-skilled workers in selecting individuals to participate in programs established and carried out by such entities under section 5(a). SEC. 4. APPLICATION. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity submits to the Secretary an application in such form and containing such information as the Secretary may require. SEC. 5. USE OF AMOUNTS. (a) In General.--Except as provided in subsection (b), the Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will use all amounts received from such grant to establish and carry out a program to provide wages and related employment benefits to eligible individuals described in subsections (a) and (b) of section 6 for the purpose of employing such individuals to repair and renovate essential community facilities that are located within the eligible jurisdiction that the entity serves, including-- (1) painting bridges; (2) repairing and renovating public buildings and other community facilities, including public libraries; (3) repairing and renovating public housing units; (4) repairing water systems and water development projects; (5) erecting or replacing traffic control signs and removing road sign obstructions; (6) replacing school crossing, intersection, and other road surface markings; (7) repairing roads and streets; (8) repairing and renovating parks and playgrounds; (9) installing and repairing drainage pipes and catch basins in areas subject to flooding; (10) installing graded ramps for individuals with disabilities; and (11) weatherizing community facilities and carrying out other energy conservation activities. (b) Administrative Costs.--Not more than 25 percent of amounts received from a grant under section 2 for any fiscal year may be used for the cost of administration and the acquisition of supplies, tools, and other equipment. SEC. 6. ELIGIBLE INDIVIDUALS. (a) In General.--An individual shall be eligible to participate in a program described in section 5(a) only if the individual-- (1) is an unemployed individual at the time of enrollment in such program; (2) has been unemployed, at a minimum, for the duration of the 15-week period immediately preceding the date of such enrollment; and (3) has made a good-faith attempt to obtain employment during such 15-week period. (b) Additional Requirement for Secondary School-Age Individuals.-- (1) In general.--In addition to meeting the requirements described in subsection (a), a secondary school-age individual shall be eligible to participate in a program described in section 5(a) only if the individual has not attended a secondary school for any part of the 6-month period immediately preceding the date of enrollment in such program. (2) Secondary school-age individual defined.--For purposes of paragraph (1), the term ``secondary school-age individual'' means an individual who has attained the age of 16 but has not attained the age of 20. (c) Priority.--In selecting individuals described in subsections (a) and (b) to participate in a program described in section 5(a), priority shall be given to the individuals who, at the time of selection to the program, have exhausted or are otherwise not eligible for unemployment insurance benefits, particularly those individuals who have been unemployed for the longest periods of time preceding the date of their selection to the program. SEC. 7. NONDISCRIMINATION. No individual shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any program described in section 5(a) because of race, color, religion, sex, national origin, age, disability, or political affiliation or belief. SEC. 8. LABOR STANDARDS. The labor standards described under section 143 of the Job Training Partnership Act (29 U.S.C. 1553) shall apply for purposes of a program established under section 5(a). SEC. 9. MAINTENANCE OF EXPENDITURES. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will maintain its aggregate expenditures from all other sources for employing individuals to repair and renovate essential community facilities at or above the average level of such expenditures in the 2 fiscal years preceding the date on which the entity submits an application under section 4 to the Secretary. SEC. 10. REPORT. The Secretary may not make a grant under section 2 to an eligible administrative entity unless the entity agrees that it will submit, for any fiscal year in which the entity receives a grant under such section, a report to the Secretary describing the use of such grant and any other information the Secretary determines to be appropriate. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to carry out section 2 $1,000,000,000 for fiscal year 1996 and such sums as may be necessary for each succeeding fiscal year. (b) Availability.--Funds authorized to be appropriated under subsection (a) shall remain available until expended. | Neighborhood Infrastructure Improvement and Inner City Job Creation Act - Directs the Secretary of Labor to make grants to eligible administrative entities for programs to provide employment opportunities to unemployed individuals through payments for labor and related costs associated with repair and renovation of essential community facilities. Makes an area eligible for such a program if it has a poverty rate above 30 percent and is: (1) a local government with a population of 50,000 or more; or (2) a Native American Indian tribe, band or group located on a Federal or State reservation, the Oklahoma Indians, and any Alaska Native village or group, having a governing body. Gives grant priority to administrative entities that assure giving priority to low-skilled workers as program participants. Requires eligible participants to have been unemployed for at least 15 weeks and have sought employment during that period. Makes secondary school-age individuals (16 to 20 years old) eligible only if they have not attended a secondary school at any time during the previous six months. Gives priority to individuals who have exhausted or are not eligible for unemployment insurance benefits, particularly those who have been unemployed for the longest periods. Authorizes appropriations. |
SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``Fair Pay Act of 1995''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Fair Labor Standards Act of 1938. SEC. 2. FINDINGS. The Congress finds the following: (1) Wage differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce: (2) The existence of such wage differentials-- (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5)(A) A General Accounting Office analysis of wages in the civil service of the State of Washington found that in 1985 of the 44 jobs studied that paid less than the average of all equivalent jobs, approximately 39 percent were female-dominated and approximately 16 percent were male dominated. (B) A study of wages in Minnesota using 1990 Decennial Census data found that 75 percent of the wage differential between white and non-white workers was unexplained and may be a result of discrimination. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for ``equal work'' on the basis of sex. (7) Title VII of the Civil Rights Act of 1964 prohibits discrimination in compensation because of race, color, religion, national origin, and sex. The United States Supreme Court, in its decision in County of Washington v. Gunther, 452 U.S. 161 (1981), held that title VII's prohibition against discrimination in compensation also applies to jobs which do not constitute ``equal work'' as defined in section 6(d) of the Fair Labor Standards Act of 1938. Decisions of lower courts, however, have demonstrated that further clarification of existing legislation is necessary in order effectively to carry out the intent of Congress to implement the Supreme Court's holding in its Gunther decision. (8) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 3 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938 and the Civil Rights Act of 1964. Elimination of such barriers would have positive effects, including-- (A) providing a solution to problems in the economy created by discriminating wage differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. SEC. 3. EQUAL PAY FOR EQUIVALENT JOBS. (a) Amendment.--Section 6 (29 U.S.C. 206) is amended by adding at the end the following: ``(g)(1)(A) No employer having employees subject to any provisions of this section shall discriminate between its employees on the basis of sex, race, or national origin by paying wages to employees or groups of employees at a rate less than the rate at which the employer pays wages to employees or groups of employees of the opposite sex or different race or national origin for work in equivalent jobs, except where such payment is made pursuant to a seniority system, a merit system, or a system which measures earnings by quantity or quality of production. ``(B) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. ``(2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). ``(3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee which have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. ``(4) As used in this subsection: ``(A) The term `labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. ``(B) The term `equivalent jobs' means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions.''. (b) Conforming Amendment.--Section 13(a) (29 U.S.C. 213(a)) is amended in the matter before paragraph (1) by striking ``section 6(d)'' and inserting ``sections 6(d) and 6(g)''. SEC. 4. PROHIBITED ACTS. Section 15(a) (29 U.S.C. 215(a)) is amended by striking the period at the end of paragraph (5) and inserting a semicolon and by adding after paragraph (5) the following: ``(6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(g) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under section 6(g); or ``(7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(g).''. SEC. 5. REMEDIES. Section 16 (29 U.S.C. 216) is amended-- (1) by adding at the end the following: ``(f) In any action brought under this section for violation of section 6(g), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure.''; (2) in subsection (b), by striking ``section 15(a)(3)'' each place it occurs and inserting ``paragraphs (3), (6), and (7) of section 15(a)''; and (3) in the fourth sentence of subsection (b), by striking ``No employees'' and inserting ``Except with respect to class actions brought under subsection (f), no employees''. SEC. 6. RECORDS. Section 11(c) (29 U.S.C. 211(c)) is amended by inserting ``(1)'' after ``(c)'' and by adding at the end the following: ``(2)(A) Every employer subject to section 6(g) shall preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to the employees of the employer. Every employer subject to section 6(g) shall preserve such records for such periods of time and shall make such reports therefrom to the Equal Employment Opportunity Commission as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(g) or any regulations promulgated thereunder. ``(B) Every employer subject to section 6(g) shall file annually with the Equal Employment Opportunity Commission a report signed by its president, treasurer, or corresponding principal officer containing information in such detail as may be necessary accurately to disclose the wage or salary rates paid to each classification, position, job title, or other wage or salary group of employees employed by the employer, as well as the sex, race, and national origin of employees at each wage or salary level in each classification, position, job title, or other wage or salary group. The report shall not contain the name of any individual employee. ``(C) In order to carry out the purposes of this Act, the contents of the reports filed with the Equal Employment Opportunity Commission pursuant to subparagraph (B) shall be public information, and the Equal Employment Opportunity Commission may publish any information and data which it obtains pursuant to the provisions of subparagraph (B). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based thereon as it may deem appropriate. ``(D) In order to carry out the purposes of this Act the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report filed with it pursuant to subparagraph (B). ``(E) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports filed with it pursuant to subparagraph (B) to any person upon payment of a charge based upon the cost of the service. ``(F) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be filed under subparagraph (B) and such other reasonable rules and regulations as it may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising its authority under subparagraph (B), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom it finds that by virtue of their size a detailed report would be unduly burdensome.''. SEC. 7. RESEARCH, EDUCATION, AND TECHNICAL ASSISTANCE PROGRAM; REPORT TO CONGRESS. Section 4(d) (29 U.S.C. 204(d)) is amended by adding at the end the following: ``(4) The Equal Employment Opportunity Commission shall undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(g) prohibiting wage discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based upon and include reference to the declared policy of such section to eliminate such discrimination. In order to achieve the purposes of such section, the Equal Employment Opportunity Commission shall further carry on a continuing program of research, education, and technical assistance including-- ``(A) undertaking and promoting research with the intent of developing means to expeditiously correct the conditions leading to section 6(g); ``(B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(g); ``(C) sponsoring and assisting State and community informational and educational programs; and ``(D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(g). ``(5) The report submitted annually by the Equal Employment Opportunity Commission to Congress pursuant to paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(g).''. SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect upon the expiration of one year from the date of its enactment. | Fair Pay Act of 1995 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. Directs courts, in any action brought under this section for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Requires employers subject to such prohibition to preserve records which document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wages paid to their employees, for periods of time prescribed by the Equal Employment Opportunity Commission (EEOC), and make reports to the EEOC. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of this Act; (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act; and (3) include a separate evaluation and appraisal regarding the implementation of this Act in its annual report to the Congress. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Department of Defense Energy Security Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Pilot program on military use of energy savings performance contracts for mobile and other nonbuilding applications. Sec. 3. Report of effectiveness of tactical vehicle research regarding energy efficiency. Sec. 4. Additional research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. Sec. 5. Establishment of repository for operational energy-related research and development efforts of Department of Defense. Sec. 6. Study on power storage capacity requirement. Sec. 7. Establishment of Department of Defense alternative fueled vehicle infrastructure fund. Sec. 8. Secure energy innovation program. Sec. 9. Authority to use Energy Savings Investment Fund for energy management initiatives. Sec. 10. Report on energy performance initiatives. Sec. 11. Report on military readiness to deal with expected increased water shortages, instances of wildfire, increased drought, flooding due to sea level rise, and coastal erosion from storm surges. SEC. 2. PILOT PROGRAM ON MILITARY USE OF ENERGY SAVINGS PERFORMANCE CONTRACTS FOR MOBILE AND OTHER NONBUILDING APPLICATIONS. (a) Program Authorized.--The Secretary of a military department may carry out a pilot program under which the Secretary will enter into energy savings performance contracts under the authority of section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287) for the purpose of achieving direct energy savings and secondary savings in mobile assets of the Armed Forces under the jurisdiction of the Secretary and other nonbuilding applications of the military department. (b) Implementation Report.--Not later than two years after entering into the first energy savings performance contract under the pilot program, the Secretary of the military department concerned shall submit to Congress a report describing the implementation of the pilot program, including the number of energy savings performance contracts executed, the types of mobile assets and other nonbuilding applications covered, and the direct energy savings and secondary savings achieved. (c) Definitions.--In this section: (1) Mobile asset and nonbuilding application.--The terms ``mobile asset'' and ``nonbuilding application'' mean-- (A) any class of vehicles, devices, or equipment that-- (i) is transportable under the power of the applicable vehicle, device, or equipment by land, sea, or air; and (ii) consumes energy from any fuel source for the purpose of-- (I) that transportation; or (II) maintaining a controlled environment within the vehicle, device, or equipment; and (B) any federally owned equipment used to generate electricity or transport water. (2) Secondary savings.--The term ``secondary savings'' means additional energy or cost savings that are a direct consequence of the energy savings that result from the energy efficiency improvements that were financed and implemented pursuant to an energy savings performance contract. The term includes-- (A) energy and cost savings that result from a reduction in the need for fuel delivery and logistical support; (B) personnel cost savings and environmental benefits; and (C) in the case of electric generation equipment, the benefits of increased efficiency in the production of electricity, including revenues received by the Federal Government from the sale of electricity from the production. (d) Termination.--The authority to enter into an energy savings performance contract under the pilot program terminates September 30, 2041. SEC. 3. REPORT OF EFFECTIVENESS OF TACTICAL VEHICLE RESEARCH REGARDING ENERGY EFFICIENCY. Not later than one year after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a report describing all Army research since October 1, 2010-- (1) on technologies that may improve the range and endurance of tactical vehicles, without increasing fuel demand, thereby also reducing the vulnerability of tactical supply lines to attacks; and (2) on auxiliary power units, batteries, and other engine technologies for running ``hotel'' loads and surveillance systems during silent watch, including plans for incorporating these technologies into programs of record or new acquisitions. SEC. 4. ADDITIONAL RESEARCH TO IMPROVE MILITARY VEHICLE TECHNOLOGY TO INCREASE FUEL ECONOMY OR REDUCE FUEL CONSUMPTION OF MILITARY VEHICLES USED IN COMBAT. (a) Research Authorized.--The Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Secretary of the Army and the Secretary of the Navy, may carry out research to improve military vehicle technology to increase fuel economy or reduce fuel consumption of military vehicles used in combat. (b) Previous Successes.--The Secretary of Defense shall ensure that research carried out under subsection (a) takes into account the successes of, and lessons learned during, the development of the Fuel Efficient Ground Vehicle Alpha and Bravo programs to identify, assess, develop, demonstrate, and prototype technologies that support increasing fuel economy and decreasing fuel consumption of light tactical vehicles, while balancing survivability. SEC. 5. ESTABLISHMENT OF REPOSITORY FOR OPERATIONAL ENERGY-RELATED RESEARCH AND DEVELOPMENT EFFORTS OF DEPARTMENT OF DEFENSE. (a) Repository Required.--Not later than December 31, 2016, the Secretary of Defense, acting through the Assistant Secretary of Defense for Research and Engineering and in collaboration with the Assistant Secretary of Defense for Operational Energy Plans and Programs and the Secretaries of the military departments, shall establish a centralized repository for all operational energy-related research and development efforts of the Department of Defense, including with respect to the inception, operational, and complete phases of such efforts. (b) Internet Access.--The Secretary of Defense shall ensure that the repository required by subsection (a) is accessible through an Internet website of the Department of Defense and by all employees of the Department and members of the Armed Forces whom the Secretary determines appropriate, including all program managers involved in such research and development efforts, to enable improved collaboration between military departments on research and development efforts described in subsection (a), sharing of best practices and lessons learned relating to such efforts, and reduce redundancy in such efforts. SEC. 6. STUDY ON POWER STORAGE CAPACITY REQUIREMENT. Not later than September 30, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the costs and benefits associated with requiring 25 percent of National Guard and Reserve facilities to have at least a 21-day on-site power storage capacity to assist with providing support to civil authorities in case of manmade or natural disasters. SEC. 7. ESTABLISHMENT OF DEPARTMENT OF DEFENSE ALTERNATIVE FUELED VEHICLE INFRASTRUCTURE FUND. (a) Establishment of Fund.--There is established in the Treasury a fund to be known as the ``Department of Defense Alternative Fuel Vehicle Infrastructure Fund''. (b) Deposits.--The Fund shall consist of the following: (1) Amounts appropriated to the Fund. (2) Amounts earned through investment under subsection (c). (3) Any other amounts made available to the Fund by law. (c) Investments.--The Secretary shall invest any part of the Fund that the Secretary decides is not required to meet current expenses. Each investment shall be made in an interest-bearing obligation of the United States Government, or an obligation that has its principal and interest guaranteed by the Government, that the Secretary decides has a maturity suitable for the Fund. (d) Use of Funds.--Amounts in the Fund shall be available to the Secretary, acting through the Under Secretary of Defense for Acquisition, Training, and Logistics, to install, operate, and maintain alternative fuel dispensing stations for use by alternative fueled vehicles of the Department of Defense and other infrastructure necessary to fuel alternative fueled vehicles of the Department. (e) Definitions.--In this section: (1) Alternative fuel.--The term ``alternative fuel'' has the meaning given such term in section 32901 of title 49, United States Code. (2) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' means a vehicle that operates on alternative fuel. (3) Fund.--The term ``Fund'' means the fund established under subsection (a). SEC. 8. SECURE ENERGY INNOVATION PROGRAM. (a) Establishment.--The Secretary of Defense shall establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, resilient energy, energy storage, and redundant power systems. (b) Metrics.--The Secretary of Defense shall develop metrics for assessing the costs and benefits associated with secure energy projects proposed or implemented as part of the program established under subsection (a). The metrics shall take into account financial and operational costs associated with sustained losses of power resulting from natural disasters or attacks that damage electrical grids serving military installations. (c) Assessment.--As part of the program established under subsection (a), the Secretary of each military department shall conduct an assessment of each military installation under the jurisdiction of the Secretary-- (1) to identify all critical electrical loads for military missions performed at the installation; (2) to determine the security of these electrical supplies and the sufficiency and readiness of backup power and continuity of operations plans; and (3) to investigate alternative and renewable energy supplies and efficiency measures that would increase resilience of supplies to critical loads, which may include, but is not limited to, solar thermal, geothermal, waste heat, and renewable combined heat and power processes, combined heat and power, small modular nuclear reactor technologies, and fuel cell energy systems. (d) Implementation Methods.--The Secretary of Defense and the Secretaries of the military departments may use Energy Savings Performance Contracts, Power Purchase Agreements, and Enhanced Use Leasing agreements to carry out the program established under subsection (a) to meet energy intensity or renewable energy goals if energy security and resilience of supply also improves as a result of entering into such a contract or agreement. SEC. 9. AUTHORITY TO USE ENERGY SAVINGS INVESTMENT FUND FOR ENERGY MANAGEMENT INITIATIVES. Section 2919(b)(2) of title 10, United States Code, is amended by striking ``, to the extent provided for in an appropriations Act,''. SEC. 10. REPORT ON ENERGY PERFORMANCE INITIATIVES. Not later than March 1, 2016, the Secretary of Defense shall provide a briefing or submit to the Committees on Armed Services of the Senate and the House of Representatives a report-- (1) describing the energy efficiency language included in the most recent aerial refueling tanker contract and in the Logistics Civil Augmentation Program contract; and (2) evaluating the feasibility of including such energy efficiency provisions in other contracts for platforms and equipment that are high energy users, including the extent to which such provisions have been included in other contracts. SEC. 11. REPORT ON MILITARY READINESS TO DEAL WITH EXPECTED INCREASED WATER SHORTAGES, INSTANCES OF WILDFIRE, INCREASED DROUGHT, FLOODING DUE TO SEA LEVEL RISE, AND COASTAL EROSION FROM STORM SURGES. Not later than March 1, 2016, the Secretary of Defense shall provide a briefing or submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the strategy of the Department of Defense and initiatives to mitigate the impact of expected increased water shortages, instances of wildfire, increased drought, flooding due to sea level rise, and coastal erosion from storm surges to ensure optimal military readiness. At minimum, the briefing or report shall address the following issues: (1) How are changing conditions affecting operations and military readiness at military installations? (2) What has the Secretary determined to be most effective in preparing for future conditions? (3) How are best practices being disseminated and implemented throughout installations? (4) Is the Department facing any challenges in carrying out preparedness and resilience initiatives? If so, what are these obstacles and do they require congressional action to increase security on installations? (5) What opportunities exist for effective public private partnerships or contracts with industry to address and mitigate the effects of these conditions? | Department of Defense Energy Security Act of 2015 This bill authorizes military departments to carry out pilot programs to enter into energy savings performance contracts through FY2041, for the purpose of achieving direct energy savings and secondary savings in: (1) certain mobile assets of the Armed Forces that consume energy for the purpose of transportation or maintaining a controlled environment within the vehicle, device, or equipment; and (2) any federally owned equipment used to generate electricity or transport water. Under an energy savings performance contract, a private party agrees to fund energy-efficient upgrades in the federal government and the federal agency agrees to pay the private party from reductions in the agency's energy costs. The U.S. Army must report on research since October 1, 2010, on energy efficiency of tactical vehicles. The Department of Defense (DOD) may carry out research to improve military vehicle technology to increase combat vehicle fuel economy or reduce fuel consumption. DOD shall establish an online, centralized repository for all DOD operational energy-related research and development efforts. The bill establishes a Department of Defense Alternative Fuel Vehicle Infrastructure Fund for installing and operating alternative fuel dispensing stations for DOD's alternative fueled vehicles and other related infrastructure. DOD must establish a program to develop and support projects designed to foster secure and reliable sources of energy for military installations, including incorporation of advanced energy metering, resilient energy, energy storage, and redundant power systems. DOD must report on: (1) the costs and benefits associated with requiring 25% of National Guard and Reserve facilities to have at least a 21-day on-site power storage capacity to assist civil authorities in case of man-made or natural disasters; (2) energy efficiency language in the most recent aerial refueling tanker contract and the Logistics Civil Augmentation Program contract; and (3) DOD's strategy and initiatives to mitigate the impact of expected increased water shortages, instances of wildfire, increased drought, flooding due to sea level rise, and coastal erosion from storm surges to ensure optimal military readiness. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Futures Investor Protection Act''. SEC. 2. FUTURES INVESTORS PROTECTION FUND. (a) Futures Investor Protection Corporation.-- (1) Creation and membership.-- (A) Creation.--There is established a nonprofit corporation to be known as the ``Futures Investor Protection Corporation'' (in this Act referred to as the ``FIPC''), which shall not be an agency or establishment of the United States Government. (B) Membership.-- (i) Members of fipc.--The FIPC shall be a membership corporation the members of which shall be all persons registered under the Commodity Exchange Act with the Commission as a futures commission merchant, other than persons whose principal business, in the determination of the FIPC, taking into account business of affiliated entities, is conducted outside the United States and its territories and possessions. (ii) Commission review; additional members.--Subparagraphs (B) and (C) of section 3(a)(2) of SIPA shall apply with respect to determinations of the FIPC in the same way the subparagraphs apply with respect to determinations of the SIPC and to brokers and dealers referred to in such subparagraph (D). (iii) Disclosure.--Section 3(a)(2)(D) of SIPA shall apply to futures commission merchants in the same way the section applies to brokers and dealers referred to in such section. (2) Powers.--The FIPC shall have all the powers conferred on the SIPC. (3) Board of directors.-- (A) Functions.--The FIPC shall have a Board of Directors which, subject to the provisions of this Act, shall determine the policies which shall govern the operations of FIPC. (B) Number and appointment.--The Board of Directors shall consist of 7 persons as follows: (i) 1 director shall be appointed by the Secretary of the Treasury from among the officers and employees of the Department of the Treasury. (ii) 1 director shall be appointed by the Board of Governors of the Federal Reserve System from among the officers and employees of that Board. (iii) 5 directors shall be appointed by the President, by and with the advice and consent of the Senate, as follows: (I) 3 directors shall be selected from among persons who are associated with, and representative of different aspects of, the futures industry, not all of whom shall be from the same geographical area of the United States. (II) 2 directors shall be selected from the general public from among persons who are not associated with a futures commission merchant or a contract market, or similarly associated with any self-regulatory organization or other futures industry group, and who have not had any such association during the 2 years preceding appointment. (C) Chairman and vice chairman.--The President shall designate a Chairman and Vice Chairman from among those directors appointed under subparagraph (B)(iii)(II). (D) Terms.-- (i) In general.--Except as provided in clauses (ii) and (iii), each director shall be appointed for a term of 3 years. (ii) Initially appointed members.--Of the directors first appointed under subparagraph (B)-- (I) 2 shall hold office for a term expiring on December 31, 2014; (II) 2 shall hold office for a term expiring on December 31, 2015; and (III) 3 shall hold office for a term expiring on December 31, 2016, as designated by the President at the time they take office. The designation shall be made in a manner which will assure that no 2 persons appointed under the authority of the same subclause of subparagraph (B)(iii) shall have terms which expire simultaneously. (iii) Vacancies.--A vacancy in the Board shall be filled in the same manner as the original appointment was made. Any director appointed to fill a vacancy occurring prior to the expiration of the term for which the predecessor of the director was appointed shall be appointed only for the remainder of the term. A director may serve after the expiration of the term for which appointed until the successor of the director has taken office. (E) Compensation.--All matters relating to compensation of directors shall be as provided in the bylaws of the FIPC. (4) Meetings of board; bylaws and rules.--Subsections (d) and (e) of section 3 of SIPA shall apply with respect to the FIPC and the Commission in the same way the subsections apply with respect to the SIPC and the Securities and Exchange Commission. (b) FIPC Fund.-- (1) In general.--The FIPC shall establish, and make deposits into and payments from, an ``FIPC fund'' (in this Act referred to as the ``fund'') in the same manner in which the SIPC has established, and is authorized to make deposits into and payments from, the SIPC fund. (2) Assessments.--The FIPC shall impose on its members assessments subject to the same rules that apply to the imposition by the SIPC of assessments on the members of the SIPC. (c) Other Provisions.--Sections 5 through 16 of the SIPA shall apply with respect to the FIPC and the members, directors, officers, and employees of the FIPC, the Commission, the FIPC fund, futures commission merchants and their affiliates, futures contracts, futures transactions, customers, and debtors in the same way the sections apply with respect to the SIPC and the members, directors, officers, and employees of the SIPC, the Securities and Exchange Commission, the SIPC fund, persons registered as brokers or dealers (as defined in section 16(12) of the SIPA) and their affiliates, securities, securities transactions, customers (as defined in section 16(2) of the SIPA), and debtors (as defined in section 16(5) of the SIPA), respectively. (d) Definitions.--In this section: (1) Commission.--The term ``Commission'' means the Commodity Futures Trading Commission. (2) Contract market.--The term ``contract market'' means a board of trade designated as a contract market under the Commodity Exchange Act. (3) Futures contract.--The term ``futures contract'' means a contract of sale of a commodity for future delivery, within the meaning of the Commodity Exchange Act. (4) Futures commission merchant.--The term ``futures commission merchant'' has the meaning given the term in section 1a(28) of the Commodity Exchange Act. (5) SIPA.--The term ``SIPA'' means the Security Investors Protection Act of 1970. (6) SIPC.--The term ``SIPC'' means the Security Investors Protection Corporation. (7) SIPC fund.--The term ``SIPC fund'' means the fund established under section 4(a)(1) of the SIPA. SEC. 3. SUITABILITY RULES. (a) In General.--The Commodity Exchange Act (7 U.S.C. 1 et seq.) is amended by inserting after section 4t the following: ``SEC. 4U. SUITABILITY RULES. ``(a) In General.-- ``(1) Recommendations must be suitable for the customer.--A futures commission merchant shall not recommend a transaction or investment strategy involving a contract of sale of a commodity for future delivery, unless the futures commission merchant has a reasonable basis to believe that the transaction or investment strategy is suitable for the customer, based on the information obtained through the reasonable diligence of the futures commission merchant to ascertain the customer's investment profile. A customer's investment profile includes, but is not limited to, the customer's age, other investments, financial situation and needs, tax status, investment objectives, investment experience, investment time horizon, liquidity needs, risk tolerance, and any other information the customer may disclose to the futures commission merchant in connection with the recommendation. ``(2) Safe harbor in certain cases.--A futures commission merchant is deemed to comply with paragraph (1) in the case of a customer with an institutional account, if-- ``(A) the futures commission merchant has a reasonable basis to believe that the customer is capable of evaluating investment risks independently, both in general and with regard to particular transactions and investment strategies involving a contract of sale of a commodity for future delivery; and ``(B) the customer affirmatively indicates that it is exercising independent judgment in evaluating the recommendations of the futures commission merchant. ``(b) Applicability With Respect to Certain Agents.--If a customer with an institutional account has delegated decisionmaking authority to an agent, subsection (a) shall be applied with respect to the agent. ``(c) Institutional Account Defined.--In this section, the term `institutional account' means the account of-- ``(1) a bank, savings and loan association, insurance company or registered investment company; ``(2) an investment adviser registered with the Securities and Exchange Commission under section 203 of the Investment Advisers Act or with a State securities commission (or any agency or office performing like functions); or ``(3) any other person (whether a natural person, corporation, partnership, trust or otherwise) with total assets of at least $50,000,000. ``(d) Penalties.--The Commission may impose 1 or more of the following sanctions on a person found by the Commission to have violated this section or to have neglected or refused to comply with an order issued by the Commission under this section: ``(1) Censure. ``(2) A fine. ``(3) Expulsion of the person from, or revocation of the membership of the person in, a registered entity. ``(4) Suspension for a definite period or a period contingent on the performance of a particular act, or revocation, of the registration of the person under this Act with the Commission as a futures commission merchant. ``(5) Suspension or bar of the person from association with any other futures commission merchant. ``(6) A temporary or permanent cease and desist order against the person. ``(7) Any other fitting sanction.''. (b) Effective Date.--Within 6 months after the date of the enactment of this Act, the Commodity Futures Trading Commission shall issue regulations for the implementation of the amendment made by subsection (a). SEC. 4. REVIEW OF PROOF OF CLAIMS RULES. (a) In General.--The Commodity Futures Trading Commission shall review the guidelines for establishing account classes and determining the basis for pro rata shares under, and the sample claim form set forth in, part 190 of title 17, Code of Federal Regulations, and consider the desirability of allowing use of a set date for valuation purposes rather than the date of actual liquidation of positions. (b) Report to the Congress.--Within 1 year after the date of the enactment of this Act, the Commodity Futures Trading Commission shall submit to the Congress a written report that contains the findings of the Commission with respect to the matters referred to in subsection (a), and includes such changes to the regulations in such part as the Commission deems appropriate. | Futures Investor Protection Act - Establishes the Futures Investor Protection Corporation (FIPC) as a nonprofit corporation, which shall be neither an agency nor establishment of the federal government. Declares FIPC to be a membership corporation whose members comprise all persons registered as a futures commission merchant with the Commodity Futures Trading Commission (CFTC). Grants FIPC all powers conferred upon the Security Investors Protection Corporation (SIPC). Sets forth FIPC corporate structure. Requires FIPC to: (1) establish, and make deposits into and payments from a FIPC fund in the same manner in which SIPC has established and is authorized to make deposits into and payments from the SIPC fund; and (2) impose upon its membership assessments subject to the same rules that apply to imposition of assessments upon SIPC members. Amends the Commodity Exchange Act to prescribe suitability rules governing a futures commission merchant's recommendations for a customer. Grants the CFTC enforcement powers. Directs the CFTC to review specified guidelines governing establishing account classes and determining the basis for pro rata shares (proof of claims guidelines). |
SECTION 1. CREDIT FOR RECYCLING OR REMANUFACTURING EQUIPMENT. (a) In General.--Section 46 of the Internal Revenue Code of 1986 (relating to amount of investment credit) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) the reclamation credit.'' (b) Reclamation Credit.--Section 48 of such Code (relating to energy credit and reforestation credit) is amended by adding at the end the following new subsection: ``(c) Reclamation Credit.-- ``(1) In general.--For purposes of section 46, the reclamation credit for any taxable year is 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. ``(2) Qualified reclamation property.-- ``(A) In general.--For purposes of this section, the term `qualified reclamation property' means property-- ``(i) which is qualified recycling property or qualified remanufacturing property, ``(ii) which is tangible property (not including a building and its structural components), ``(iii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, ``(iv) which has a useful life of at least 5 years, and ``(v) which is-- ``(I) acquired by purchase (as defined in section 179(d)(2)) by the taxpayer if the original use of such property commences with the taxpayer, or ``(II) constructed by or for the taxpayer. ``(B) Dollar Limitation.-- ``(i) In general.--The basis of qualified reclamation property taken into account under paragraph (1) for any taxable year shall not exceed $10,000,000 for a taxpayer. ``(ii) Treatment of controlled group.--For purposes of clause (i)-- ``(I) all component members of a controlled group shall be treated as one taxpayer, and ``(II) the Secretary shall apportion the dollar limitation in such clause among the component members of such controlled group in such manner as he shall by regulation prescribe. ``(iii) Treatment of partnerships and s corporations.--In the case of a partnership, the dollar limitation in clause (i) shall apply with respect to the partnership and with respect to each partner. A similar rule shall apply in the case of an S corporation and its shareholders. ``(iv) Controlled group defined.--For purposes of clause (ii), the term `controlled group' has the meaning given such term by section 1563(a), except that `more than 50 percent' shall be substituted for `at least 80 percent' each place it appears in section 1563(a)(1). ``(3) Certain progress expenditure 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 date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(4) Definitions.--For purposes of this subsection-- ``(A) Qualified recycling property.--The term `qualified recycling property' means equipment used exclusively to collect, distribute, or sort used ferrous or nonferrous metals. The term does not include equipment used to collect, distribute, or sort precious metals such as gold, silver, or platinum unless such use is coincidental to the collection, distribution, or sorting of other used ferrous or nonferrous metals. ``(B) Qualified remanufacturing property.--The term `qualified remanufacturing property' means equipment used primarily by the taxpayer in the business of rebuilding or remanufacturing a used product or part, but only if-- ``(i) the rebuilt or remanufactured product or part includes 50 percent or less virgin material, and ``(ii) the equipment is not used primarily in a process occurring after the product or part is rebuilt or remanufactured. ``(5) Coordination with rehabilitation and energy credits.--For purposes of this section-- ``(A) the basis of any qualified reclamation property shall be reduced by that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)) or to the energy percentage of energy property (as determined under section 48(a)), and ``(B) expenditures taken into account under either section 47 or 48(a) shall not be taken into account under this section.''. (c) Special Basis Adjustment Rule.--Paragraph (3) of section 50(c) of such Code (relating to basis adjustment to investment credit property) is amended by striking ``energy credit or reforestation credit'' and inserting ``energy credit, reforestation credit, or reclamation credit''. (d) Clerical Amendments.-- (1) The section heading for section 48 of such Code is amended to read as follows: ``SEC. 48. ENERGY CREDIT; REFORESTATION CREDIT; RECLAMATION CREDIT.'' (2) The item relating to section 48 in the table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended to read as follows: ``Sec. 48. Energy credit; reforestation credit; reclamation credit.'' (e) Effective Date.--The amendments made by this section shall apply to property placed in service on or after January 1, 2002. | Amends the Internal Revenue Code to allow businesses a limited reclamation credit of 20 percent of the basis of each qualified reclamation property placed in service during the taxable year. Defines qualified reclamation property as, among other things, qualified recycling property or qualified remanufacturing property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Learning Assessment for Students and Schools (CLASS) Act''. SEC. 2. AMENDMENTS REGARDING ADEQUATE YEARLY PROGRESS AND ASSESSMENTS. (a) Continuous Growth Models.--Clause (iii) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended by striking ``for all students'' and inserting ``for all students, as demonstrated by measures of students' progress toward proficiency, including longitudinal growth''. (b) Averaging Procedure.--Subparagraph (J) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended by adding at the end the following: ``(iv) The State may average data by other means that are designed to increase the stability of school-building results from year to year.''. (c) Adequate Yearly Progress by Group and Subject.--Section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended-- (1) in subparagraph (A) of paragraph (1), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails, for 2 consecutive years,''; (2) in paragraph (5), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; (3) in subparagraph (C) of paragraph (7), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``that fails to make adequate yearly progress,''; and (4) in subparagraph (A) of paragraph (8), by inserting ``with respect to the performance of a particular group of students described in section 1111(b)(2)(C)(v) in the same academic subject,'' after ``continues to fail to make adequate yearly progress,''. (d) Multiple Measures.--Subparagraph (A) of section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) at the end of clause (ii), by striking ``and''; (2) at the end of clause (iii), by striking the period and inserting ``; and''; and (3) at the end, by adding the following: ``(iv) include multiple measures of student academic achievement, such as the proportion of State report card indicators met, a performance index score, student drop-out rate, and a measure based on individual student achievement gains over time, disaggregated by each of the groups of students described in subparagraph (C)(v).''. (e) Cut Scores.--Clause (ii) of section 1111(b)(1)(D) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1)(D)) is amended-- (1) in subclause (II), by striking ``and'' at the end; (2) in subclause (III), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(IV) take into consideration the continuum of achievement by children within the advanced, proficient, and basic levels of achievement described in subclauses (II) and (III) and the yearly progress by children within such continuum.''. (f) No First Score Requirement.--Clause (iv) of section 1111(b)(2)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)) is amended-- (1) by striking ``(iv) measures'' and inserting ``(iv)(I) measures''; (2) by inserting ``and'' after ``in paragraph (3);''; and (3) by adding at the end the following: ``(II) if a student takes an assessment described in paragraph (3) for a particular subject or grade level more than once, may use, at the State's discretion, the student's results from subsequent administrations of the assessment;''. (g) Limiting Transfer Options and Supplemental Services to Students From Failing Groups.--Section 1116 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316) is amended-- (1) in paragraphs (1)(E)(i), (5)(A), (7)(C)(i), and (8)(A)(i) of subsection (b), by striking the term ``all students enrolled in the school'' each place such term appears and inserting ``all students enrolled in the school, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),''; (2) in clause (vii) of subsection (c)(10)(C), by inserting ``, who are members of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2),'' after ``Authorizing students''; and (3) in subparagraph (A) of subsection (e)(12), by inserting ``, who is a member of a group described in section 1111(b)(2)(C)(v) that fails to make adequate yearly progress as defined in the State's plan under section 1111(b)(2)'' after ``under section 1113(c)(1)''. (h) Assessments.--Clause (ii) of section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(3)(C)) is amended to read as follows: ``(ii) be fully aligned with the State's challenging academic content and student academic achievement standards, be aligned with curriculum and instruction to adequately assess the effect of curriculum and instruction on each such challenging academic content standard, include individual test items (based on technical criteria) that enable students to achieve the items if the students received appropriate instruction, and provide coherent information about student attainment of the State's challenging academic content and student academic achievement standards;''. (i) Assessing Students With Disabilities.-- (1) In general.--Subsection (b) of section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended by adding at the end the following: ``(11) Children with disabilities.-- ``(A) Modification of standards, assessments.--With respect to a child with a disability, a State plan shall provide for alternate challenging academic content standards and challenging student academic achievement standards under paragraph (1)(A), alternate high standards of academic achievement described in paragraph (2)(C)(i), and alternate yearly student academic assessments described in paragraph (3), to align such standards and assessments with the child's individualized education program. ``(B) Determination of applicable assessment.--In carrying out this paragraph, consistent with the Individuals with Disabilities Education Act, the State-- ``(i) shall allow the individualized education program team of each child with a disability in the State to determine whether an alternate academic assessment should be administered to the child in lieu of the academic assessment otherwise required by paragraph (3); ``(ii) shall require the individualized education program team of the child to select any such alternate academic assessment from among the alternate assessments included in the State's plan pursuant to subparagraph (C); and ``(iii) shall require that any alternate academic assessment administered to a child under this paragraph be more advanced than any such assessment administered to the child in a previous school year under this paragraph. ``(C) Alternative assessments.--Each State plan shall include alternate academic assessments that may be administered to children with disabilities for purposes of complying with this paragraph. ``(D) Definition.--In this paragraph, the term `individualized education program' has the meaning given to that term in section 602 of the Individuals with Disabilities Education Act.''. (2) Rule of construction.--The amendment made by paragraph (1) shall be construed as superseding the 2.0 percent cap at section 200.13(c)(1) of title 34, Code of Federal Regulations (imposing a cap on the number of children with disabilities whose proficient and advanced scores, although based on alternate achievement standards, may be included in calculating adequate yearly progress). (j) Students With Limited English Proficiency.--Paragraph (2) of section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the following: ``(L) Students with limited english proficiency.-- Notwithstanding subparagraph (C)(v), a State may define adequate yearly progress under subparagraph (C) in a manner that measures the progress of students with limited English proficiency-- ``(i) by continuing to include in a group of students described in subparagraph (C)(v) students who attain proficiency in English; and ``(ii) by excluding the performance of students with limited English proficiency who have resided in the United States for less than 3 years and for whom native language assessments in math and reading or language arts are not available, so as to avoid any distortion in measurement resulting from the new arrivals of such students.''. (k) Separate Starting Points.--Subparagraph (E) of section 1111(b)(2) (20 U.S.C. 6311(b)(2)) is amended by striking ``, using data for the 2001-2002 school year,'' and inserting ``, for each group of students described in subparagraph (C)(v),''. | Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise requirements affecting adequate yearly progress (AYP) assessments of students against state academic performance standards. Allows AYP longitudinal growth calculations and the averaging of school data in a manner designed to stabilize school-building results from year to year. Identifies a school as needing improvement, corrective action, or restructuring only on the basis of the unsatisfactory AYP of a particular group of students in the same academic subject for the requisite period of time. Requires multiple measures of student academic achievement. Requires academic achievement standards to calculate AYP within a continuum of achievement by children within advanced, proficient, and basic achievement levels. Allows states to use the results of subsequent assessments of students who take more than one assessment for the same grade and subject. Limits the provision of supplemental services and transfers to those students who fall within a group whose underperformance results in the school's failure to make AYP. Requires state assessments to be aligned with curriculum and instruction so their effectiveness may be assessed. Requires alternate standards and assessments for disabled children aligned with the child's individualized education program. Allows states to measure the AYP of limited English proficient (LEP) children by including children that have attained English proficiency and excluding LEP children who have resided in the country for less than three years. Allows states to set separate starting points for measuring the AYP of each student group. |
SECTION 1. FINDINGS. The Congress finds that-- (1) in virtually every sector of society--health, defense, transportation, agriculture, etc.--research is used to guide policy choices; (2) in education, however, research has not been effectively utilized as a tool for informing policy and guiding reform, with less than 0.03 percent of the $647,800,000,000 spent on elementary and secondary education invested in research of what educational techniques actually work and on ways to improve teaching; (3) the 1997 President's Committee of Advisors on Science and Technology (PCAST) report entitled ``The Use of Technology to Strengthen K-12 Education in the United States'' recommended that our education research investment be increased to 0.5 percent and that educational hypotheses be subjected to appropriately rigorous evaluation; (4) a significant body of research and knowledge on the science of learning currently exists; however, educational materials and practices are rarely aligned to this knowledge, and new education theories are often incorporated in classrooms on the basis of only tenuously supported data; (5) a cultural divide between education researchers and education practitioners--such as teachers--currently exists; (6) an expert panel convened by the National Research Council recommended in 1999 that more education research be focused on issues of importance to education practitioners and be conducted by teams of both traditional researchers and teachers and other education practitioners; (7) the education research effort to date is typified by a largely scattershot approach, with little coordination of the research effort or focus on particularly compelling questions; and (8) a 1999 report from the National Research Council entitled ``Improving Student Learning'' recommended the adoption of a national, strategic education research program that would focus efforts on a limited number of the most critically important research questions. SEC. 2. RESEARCH ON LEARNING. (a) In General.--For the purpose of integrating scientific disciplines in relation to research on learning, and gaining a better understanding of how such research and educational practice can be reconciled, the National Science Foundation shall continue to support research on learning, focusing on the following 4 areas: (1) Brain research as a foundation for research on human learning. (2) Behavioral, cognitive, affective, and social aspects of human learning. (3) Science, mathematics, engineering, and technological learning in formal and informal educational settings. (4) Learning in complex educational systems. (b) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $29,000,000 for fiscal year 2002, $33,000,000 for fiscal year 2003, and $37,000,000 for fiscal year 2004. SEC. 3. RESEARCH ON LEARNING CENTERS. (a) Development of Research Priorities.--The Director of the National Science Foundation (in this Act referred to as the ``Director''), in consultation with the National Academy of Sciences, shall review past research on learning, assess current research efforts, and not later than 120 days after the date of the enactment of this Act develop a set of specific education research priorities to provide the strategic focus of the Centers established under subsection (b). The Director shall ensure that the development of such priorities is informed by the most pressing needs of the education system. (b) Establishment of Centers.--The Director shall make grants for the establishment of not more than 5 Centers of Research on Learning. The purpose of these Centers shall be to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed under subsection (a), and to facilitate the incorporation of the results of that research into educational practice. Grant awards under this subsection shall be made through an open, peer-reviewed competition. (c) Strategic Focus of Centers.--Each Center shall focus on addressing one of the specific education research priorities developed by the Director under subsection (a). (d) Activities of Centers.--The Centers shall promote active collaborations among physical, biological, and social science researchers, education practitioners, and policymakers. The Centers shall be responsible for-- (1) evaluating existing research and designing, conducting, or coordinating research that addresses the Center's strategic focus; (2) stimulating research in relevant areas within the larger research community and synthesizing the findings from among this community; (3) planning future research; (4) facilitating the dissemination of research results to education practitioners and the incorporation of those research results into the education system; and (5) assessing the impact of the incorporation of research results described in paragraph (4) on student performance. (e) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $3,000,000 for fiscal year 2002, $6,000,000 for fiscal year 2003, and $6,000,000 for fiscal year 2004. SEC. 4. EDUCATION RESEARCH TEACHER FELLOWSHIPS. (a) Establishment.--The Director shall establish a program to award grants to institutions of higher education or scientific research institutions (or consortia thereof) to provide fellowships to elementary and secondary teachers for participation in research programs at such institutions under the guidance of and in collaboration with researchers at the institutions. Such programs shall be aimed at giving fellowship recipients a better understanding of the behavioral, cognitive, affective, and social aspects of human learning. The purpose of fellowships under this section shall be to provide the fellowship recipients with an opportunity to gain knowledge in research on learning in order to better facilitate the transfer of the results of that research into the elementary and secondary education systems. (b) Program Components.--Grant recipients under this section-- (1) shall recruit and select teachers and provide such teachers with opportunities to conduct research in the fields of-- (A) brain research as a foundation for research on human learning; (B) behavioral, cognitive, affective, and social aspects of human learning; (C) science and mathematics learning in formal and informal educational settings; or (D) learning in complex educational systems; (2) shall ensure that fellowship recipients have mentors and other programming support to ensure that their research experience will contribute to their understanding of the science of learning; (3) shall provide programming, guidance, and support to ensure that fellowship recipients disseminate information about the current state of education research and its implications on classroom practice to other elementary and secondary educators; (4) shall provide fellowship recipients with a scholarship stipend; and (5) may provide room and board for residential programs. (c) Use of Funds.--Not more than 25 percent of the funds provided under a grant under this section may be used for programming support for fellowship recipients. The Director shall issue guidelines specifying the minimum or maximum amounts of stipends grant recipients may provide to teachers under this section. (d) Duration.--A teacher may participate in research under the program under this section for up to 1 calendar year or 2 sequential summers. (e) Application.--An institution of higher education or scientific research institution (or a consortium thereof) seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include, at a minimum-- (1) a description of the research opportunities that will be made available to elementary and secondary school teachers by the applicant; (2) a description of how the applicant will recruit teachers to participate in the program, and the criteria that will be used to select the participants; (3) a description of the number, types, and amounts of the scholarships that the applicant intends to offer to participating teachers; and (4) a description of the programming support that will be provided to participating teachers to enhance their research experience and to enable them to educate their peers about the value, findings, and implications of education research. (f) Review of Applications.--In evaluating the applications submitted under subsection (e), the Director shall consider-- (1) the ability of the applicant to effectively carry out the proposed program; (2) the extent to which the applicant is committed to making the program a central organizational focus; and (3) the likelihood that the research experiences and programming to be offered by the applicant will improve elementary and secondary education. (g) Authorization of Appropriations.--There are authorized to be appropriated to the National Science Foundation for carrying out this section $5,000,000 for each of fiscal years 2002 through 2004. SEC. 5. INTERAGENCY EDUCATION RESEARCH INITIATIVE. There are authorized to be appropriated to the National Science Foundation for participation in the Interagency Education Research Initiative, $28,000,000 for fiscal year 2002, $31,000,000 for fiscal year 2003, and $33,000,000 for fiscal year 2004. | Requires the National Science Foundation (NSF), for the purpose of integrating scientific disciplines in relation to research on learning and gaining a better understanding of how such research and educational practice can be reconciled, to continue to support such research, focusing on: (1) brain research as a foundation for research on learning; (2) behavioral, cognitive, affective, and social aspects of learning; (3) science, mathematics, engineering, and technological learning in educational settings; and (4) learning in complex educational systems.Requires the Director of the NSF to review past research on learning, assess current research efforts, and develop a set of specific education research priorities to provide the strategic focus of the Centers of Research on Learning established by this Act. Requires the Director to make grants for the establishment of not more than five such Centers to integrate the work of multidisciplinary teams of researchers, education practitioners, and policymakers to support the research priorities developed, and to facilitate the incorporation of research results into educational practice.Requires the Director to establish a program to award grants to institutions of higher education or scientific research institutions (or consortia thereof) to provide fellowships to elementary and secondary teachers: (1) for participation in research programs at such institutions aimed at giving fellowship recipients a better understanding of the behavioral, cognitive, affective, and social aspects of human learning; and (2) to facilitate the transfer of the results of learning research into the elementary and secondary education systems.Authorizes appropriations for NSF participation in the Interagency Education Research Initiative. |
SECTION 1. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. The Act entitled ``An Act to provide for the organization of the militia of the District of Columbia'', approved March 1, 1889 (sec. 49- 101 et seq., D.C. Official Code) is amended by adding at the end the following new title: ``TITLE II--EDUCATIONAL ASSISTANCE PROGRAM ``SEC. 201. SHORT TITLE; FINDINGS. ``(a) Short Title.--This title may be cited as the `Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Act'. ``(b) Findings.--Congress makes the following findings: ``(1) The District of Columbia National Guard is under the exclusive jurisdiction of the President of the United States as Commander-in-Chief and, unlike other National Guards, is permanently federalized. ``(2) The District of Columbia National Guard is unique and differs from the National Guards of the several States in that the District of Columbia National Guard is responsible, not only for residents of the District of Columbia, but also for a special and unique mission and obligation as a result of the extensive presence of the Federal Government in the District of Columbia. ``(3) Consequently, the President of the United States, rather than the chief executive of the District of Columbia, is in command of the District of Columbia National Guard, and only the President can call up the District of Columbia National Guard even for local emergencies. ``(4) The District of Columbia National Guard has been specifically trained to address the unique emergencies that may occur regarding the presence of the Federal Government in the District of Columbia. ``(5) The great majority of the members of the District of Columbia National Guard actually live in Maryland or Virginia, rather than in the District of Columbia. ``(6) The District of Columbia National Guard has been experiencing a disproportionate decline in force in comparison to the National Guards of Maryland and Virginia. ``(7) The States of Maryland and Virginia provide additional recruiting and retention incentives, such as educational benefits, in order to maintain their force, and their National Guards have drawn recruits from the District of Columbia at a rate that puts at risk the maintenance of the necessary force levels for the District of Columbia National Guard. ``(8) Funds for an educational benefit for members of the District of Columbia National Guard would provide an incentive to help reverse the loss of members to nearby National Guards and allow for maintenance and increase of necessary District of Columbia National Guard personnel. ``(9) The loss of members of the District of Columbia National Guard could adversely affect the readiness of the District of Columbia National Guard to respond in the event of a terrorist attack on the capital of the United States. ``SEC. 202. DISTRICT OF COLUMBIA NATIONAL GUARD EDUCATIONAL ASSISTANCE PROGRAM. ``(a) Educational Assistance Program Authorized.--The Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, shall establish a program under which the Mayor may provide financial assistance to an eligible member of the District of Columbia National Guard to assist the member in covering expenses incurred by the member while enrolled in an approved institution of higher education to pursue the member's first undergraduate, masters, vocational, or technical degree or certification. ``(b) Eligibility.-- ``(1) Criteria.--A member of the District of Columbia National Guard is eligible to receive assistance under the program established under this title if the commanding general of the District of Columbia National Guard certifies to the Mayor the following: ``(A) The member has satisfactorily completed required initial active duty service. ``(B) The member has executed a written agreement to serve in the District of Columbia National Guard for a period of not less than 6 years. ``(C) The member is not receiving a Reserve Officer Training Corps scholarship. ``(2) Maintenance of eligibility.--To continue to be eligible for financial assistance under the program, a member of the District of Columbia National Guard must-- ``(A) be satisfactorily performing duty in the District of Columbia National Guard in accordance with regulations of the National Guard (as certified to the Mayor by the commanding general of the District of Columbia National Guard); ``(B) be enrolled on a full-time or part-time basis in an approved institution of higher education; and ``(C) maintain satisfactory progress in the course of study the member is pursuing, determined in accordance with section 484(c) of the Higher Education Act of 1965 (20 U.S.C. 1091(c)). ``SEC. 203. TREATMENT OF ASSISTANCE PROVIDED. ``(a) Permitted Use of Funds.--Financial assistance received by a member of the District of Columbia National Guard under the program under this title may be used to cover-- ``(1) tuition and fees charged by an approved institution of higher education involved; ``(2) the cost of books; and ``(3) laboratory expenses. ``(b) Amount of Assistance.--The amount of financial assistance provided to a member of the District of Columbia National Guard under the program may be up to $400 per credit hour, but not to exceed $6,000 per year. If the Mayor determines that the amount available to provide assistance under this title in any year will be insufficient, the Mayor may reduce the maximum amount of the assistance authorized, or set a limit on the number of participants, to ensure that amounts expended do not exceed available amounts. ``(c) Relation to Other Assistance.--Except as provided in section 202(b)(1)(C), a member of the District of Columbia National Guard may receive financial assistance under the program in addition to educational assistance provided under any other provision of law. ``(d) Repayment.--A member of the District of Columbia National Guard who receives assistance under the program and who, voluntarily or because of misconduct, fails to serve for the period covered by the agreement required by section 202(b)(1) or fails to comply with the eligibility conditions specified in section 202(b)(2) shall be subject to the repayment provisions of section 373 of title 37, United States Code. ``SEC. 204. ADMINISTRATION AND FUNDING OF PROGRAM. ``(a) Administration.--The Mayor, in coordination with the commanding general of the District of Columbia National Guard and in consultation with approved institutions of higher education, shall develop policies and procedures for the administration of the program under this title. Nothing in this title shall be construed to require an institution of higher education to alter the institution's admissions policies or standards in any manner to enable a member of the District of Columbia National Guard to enroll in the institution. ``(b) Funding.-- ``(1) Authorization of appropriations.--There are authorized to be appropriated to the District of Columbia such sums as may be necessary to enable the Mayor to provide financial assistance under the program. Funds appropriated pursuant to this authorization of appropriations shall remain available until expended. ``(2) Transfer of funds.--The Mayor may accept the transfer of funds from Federal agencies and use any funds so transferred for purposes of providing assistance under the program. There is authorized to be appropriated to the head of any executive branch agency such sums as may be necessary to permit the transfer of funds to the Mayor to provide financial assistance under this section. ``(3) Limit.--The aggregate amount authorized to be appropriated under paragraphs (1) and (2) for a fiscal year may not exceed-- ``(A) for fiscal year 2011, $370,000; and ``(B) for each succeeding fiscal year, the limit applicable under this paragraph for the previous fiscal year, adjusted by the tuition inflation index used for the year by the Secretary of Veterans Affairs for education benefits under section 3015(h)(1) of title 38, United States Code. ``(c) Acceptance of Donations.--The Mayor may accept, use, and dispose of donations of services or property for purposes of providing assistance under the program. ``SEC. 205. DEFINITION. ``In this title, the term `approved institution of higher education' means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)) that-- ``(1) is eligible to participate in the student financial assistance programs under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and ``(2) has entered into an agreement with the Mayor containing an assurance that funds made available under this title are used to supplement and not supplant other assistance that may be available for members of the District of Columbia National Guard. ``SEC. 206. EFFECTIVE DATE. ``Financial assistance may be provided under the program under this title to eligible members of the District of Columbia National Guard for periods of instruction that begin on or after January 1, 2010.''. SEC. 2. PAYGO COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. Passed the House of Representatives June 28, 2010. Attest: LORRAINE C. MILLER, Clerk. | (Sec. 1) Amends the District of Columbia Code to direct the Mayor of the District of Columbia, in coordination with the commanding general of the District of Columbia National Guard, to establish a program that allows the Mayor to provide educational assistance to members of the District of Columbia National Guard who have satisfactorily completed their initial active duty service and agree to serve for at least six years. Requires such assistance to be used by members for expenses incurred in pursuing their first undergraduate, master's, vocational, or technical degree or certification at an approved institution of higher education. Limits such assistance to no more than $400 per credit hour and no more than $6,000 per year for each eligible member of the District of Columbia National Guard. Prohibits members who are receiving a Reserve Officer Training Corps scholarship from receiving this Act's assistance; though permits recipients of this Act's assistance to receive educational assistance under other programs. Authorizes appropriations. Allows the Mayor to accept donations of services or property for the program. (Sec. 2) Provides that the budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You Go Act of 2010, shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, submitted by the Chairman of the House Budget Committee, provided that such statement has been submitted before vote on passage. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``No Taxation Without Representation Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The residents of the District of Columbia are the only Americans who pay Federal income taxes and who have fought and died in every American war but are denied voting representation in the House of Representatives and the Senate. (2) The residents of the District of Columbia suffer the very injustice against which our Founding Fathers fought, because they do not have voting representation as other taxpaying Americans do and are nevertheless required to pay Federal income taxes unlike the Americans who live in the territories. (3) The principle of one person, one vote requires that residents of the District of Columbia are afforded full voting representation in the House and the Senate. (4) Despite the denial of voting representation, Americans in the Nation's Capital are third among residents of all States in per capita income taxes paid to the Federal Government. (5) Unequal voting representation in our representative democracy is inconsistent with the founding principles of the Nation and the strongly held principles of the American people today. SEC. 3. REPRESENTATION IN CONGRESS FOR DISTRICT OF COLUMBIA. Notwithstanding any other provision of law, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate. SEC. 4. ELECTIONS. (a) First Elections.-- (1) Proclamation.--Not later than 30 days after the date of enactment of this Act, the Mayor of the District of Columbia shall issue a proclamation for elections to be held to fill the 2 Senate seats and the seat in the House of Representatives to represent the District of Columbia in Congress. (2) Manner of elections.--The proclamation of the Mayor of the District of Columbia required by paragraph (1) shall provide for the holding of a primary election and a general election and at such elections the officers to be elected shall be chosen by a popular vote of the residents of the District of Columbia. The manner in which such elections shall be held and the qualification of voters shall be the same as those for local elections, as prescribed by the District of Columbia. (3) Classification of senators.--In the first election of Senators from the District of Columbia, the 2 senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the 2 senatorial offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (b) Certification of Election.--The results of an election for the Senators and Representative from the District of Columbia shall be certified by the Mayor of the District of Columbia in the manner required by law and the Senators and Representative shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of the States in the Congress of the United States. SEC. 5. HOUSE OF REPRESENTATIVES MEMBERSHIP. (a) In General.--Upon the date of enactment of this Act, the District of Columbia shall be entitled to 1 Representative until the taking effect of the next reapportionment. Such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law. (b) Increase in Membership of House of Representatives.--Upon the date of enactment of this Act, the permanent membership of the House of Representatives shall increase by 1 seat for the purpose of future reapportionment of Representatives. (c) Reapportionment.--Upon reapportionment, the District of Columbia shall be entitled to as many seats in the House of Representatives as a similarly populous State would be entitled to under the law. SEC. 6. PROVIDING FOR ELECTIONS FOR HOUSE MEMBERS AND SENATORS FROM DISTRICT OF COLUMBIA. (a) Application of District of Columbia Elections Code of 1955.-- The District of Columbia Elections Code of 1955 is amended as follows: (1) In section 1 (sec. 1-1001.01, D.C. Official Code), by striking ``the Delegate to the House of Representatives,'' and inserting ``the Representative in the Congress, Senator,''. (2) In section 2 (sec. 1-1001.02, D.C. Official Code)-- (A) by striking paragraph (6); and (B) in paragraph (13), by striking ``the Delegate to Congress for the District of Columbia, United States Senator and Representative,'' and inserting ``the Representative in the Congress, Senator,''. (3) In section 8 (sec. 1-1001.08, D.C. Official Code)-- (A) in the heading, by striking ``Delegate'' and inserting ``Representative, Senator,''; and (B) by striking ``Delegate,'' each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting ``Representative in the Congress, Senator,''. (4) In section 10 (sec. 1-1001.10, D.C. Official Code)-- (A) in subsection (a)(3)(A)-- (i) by striking ``or section 206(d) of the District of Columbia Delegate Act'', and (ii) by striking ``the office of Delegate to the House of Representatives'' and inserting ``the office of Representative in the Congress''; (B) in subsection (d)(1), by striking ``Delegate,'' each place it appears; (C) in subsection (d)(2)-- (i) by striking ``(A) In the event'' and all that follows through ``term of office,'' and inserting ``In the event that a vacancy occurs in the office of Representative in the Congress before May 1 of the last year of the Representative's term of office,'' and (ii) by striking subparagraph (B); and (D) by amending subsection (d)(3) to read as follows: ``(3) In the event of a vacancy in the office of Senator, the Mayor shall appoint a successor to complete the remainder of the term of office.''. (5) In section 11(a)(2) (sec. 1-1001.11(a)(2), D.C. Official Code), by striking ``Delegate to the House of Representatives,'' and inserting ``Representative in the Congress, Senator,''. (6) In section 15(b) (sec. 1-1001.15(b), D.C. Official Code), by striking ``Delegate,'' and inserting ``Representative in the Congress, Senator,''. (7) In section 17(a) (sec. 1-1001.17(a), D.C. Official Code), by striking ``the Delegate to the Congress from the District of Columbia'' and inserting ``the Representative in the Congress and Senator''. (b) Treatment of District of Columbia Delegate.-- (1) Continuation of service.--Until the first Representative from the District of Columbia is seated in the House of Representatives, the Delegate in Congress from the District of Columbia shall continue to discharge the duties of his or her office. (2) Repeal of office upon election of first representative.--Sections 202 and 204 of the District of Columbia Delegate Act (Public Law 91-405; sections 1-401 and 1- 402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (c) Effective Date.--Except as provided in section 4(a), the amendments made by this section shall apply with respect to the election of the first Representative and Senators from the District of Columbia pursuant to this Act and each subsequent election of Representatives and Senators from the District of Columbia pursuant to this Act. SEC. 7. REPEAL OF OFFICES OF STATEHOOD REPRESENTATIVE AND SENATOR. (a) In General.--Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1-123, D.C. Official Code) is amended by striking subsections (d), (e), (f), and (g). (b) Conforming Amendments.-- (1) Statehood commission.--Section 6 of such Initiative (sec. 1-125, D.C. Official Code) is amended-- (A) in subsection (a)-- (i) by striking ``27 voting members'' and inserting ``24 voting members''; (ii) by adding ``and'' at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a-1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations.--Section 8 of such Initiative (sec. 1-127, D.C. Official Code) is repealed. (3) Application of honoraria limitations.--Section 4 of D.C. Law 8-135 (sec. 1-131, D.C. Official Code) is repealed. (4) Application of campaign finance laws.--Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1- 135, D.C. Official Code) is repealed. (5) District of columbia elections code of 1955.--Section 2(13) of the District of Columbia Elections Code of 1955 (sec. 1-1001.02(13), D.C. Official Code) is amended by striking ``United States Senator and Representative,''. (c) Effective Date.--The amendments made by this section shall take effect upon the taking office of the first Representative and Senators from the District of Columbia pursuant to this Act. | No Taxation Without Representation Act of 2006 - Treats the District of Columbia as a state for purposes of representation in the House of Representatives and Senate. Prescribes a procedure for the first elections under this Act. Entitles the District to one Representative until the taking effect of the next reapportionment. Increases the permanent membership of the House by one seat for future reapportionment of Representatives. Entitles the District, upon reapportionment, to as many seats in the House as a similarly populous state would be entitled to under the law. Amends the District of Columbia Election Code of 1955 to provide for elections for House Members and Senators from the District in lieu of a Delegate. Repeals provisions of the: (1) District of Columbia Delegate Act establishing the office of District of Columbia Delegate to the House; and (2) District of Columbia Statehood Constitution Convention Initiative of 1979 providing for electing a Senator and Representative for the District. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Currency Harmonization Initiative through Neutralizing Action Act of 2003''. SEC. 2. FINDINGS. (a) Findings.--The Congress finds as follows: (1) The benefit of trade concessions can be adversely affected by misalignments in currency. (2) Misalignments in currency caused by government policies intended to maintain an unfair trade advantage nullify and impair trade concessions. (3) Under article XV of the GATT 1994, a country is considered to be manipulating its currency to obtain an unfair trade advantage if-- (A) its currency manipulation has a subsidy-like effect; (B) its currency manipulation constitutes a nullification and impairment of the benefits of the GATT 1994; or (C) its currency manipulation results in a contravention of the intention of the GATT 1994. (4) The International Monetary Fund also prohibits the use of currency manipulation as a method of gaining unfair trade advantage. The International Monetary Fund defines such manipulation as large-scale and protracted intervention in one direction to gain an unfair trade advantage. (5) Sections 301 through 309 of the Trade Act of 1974 contain the authority under United States law to take retaliatory action, including import restrictions, to enforce the rights of the United States against any unjustifiable, unreasonable, or discriminatory practice or policy of a country that burdens or restricts United States commerce. (6) In 2002, the United States trade deficit with the People's Republic of China exceeded $103,000,000,000, the largest bilateral trade deficit in the world. Based on the first four months of 2003, the United States trade deficit with the People's Republic of China is estimated to reach more than $120,000,000,000 in 2003. (7) United States imports from the People's Republic of China have been growing at more than twice the rate of United States exports to that country. (8) The People's Republic of China is accumulating foreign currency reserves, mostly United States dollars, at a rate of more than $6,000,000,000 per month; this intervention has kept the Chinese renminbi (RMB) from appreciating despite large trade surpluses and investment flows. China's total foreign currency reserves currently stand at almost $300,000,000,000. (9) The People's Republic of China has kept its currency pegged at approximately 8.3 RMB to the dollar since 1994. (10) The large and growing trade surplus of the People's Republic of China with the United States strongly suggests that the RMB is undervalued against the dollar. Recently, economists have estimated that the RMB is undervalued against the United States dollar by as much as 40 percent. (11) Import tariffs of the People's Republic of China currently average about 15 percent. Assuming the recent estimates of Chinese RMB undervaluation against the dollar are correct, the effect of a free and open currency market would be more than twice as large as the effect of eliminating every tariff that the People's Republic of China imposes on United States goods. (12) In the long run, revaluation of the RMB by the Government of the People's Republic of China would mitigate the ever increasing United States trade deficit with that country. (13) The President should formally initiate action against the People's Republic of China, on account of the manipulation of its currency, pursuant to article XV of the GATT 1994, the rules of the International Monetary Fund, and sections 301 through 309 of the Trade Act of 1974. (b) Definition.--In this section the term ``GATT 1994'' has the meaning given that term in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 3. ANALYSIS OF AND REPORT ON EXCHANGE RATE POLICIES OF CHINA. (a) Analysis.--The Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People's Republic of China in order to determine whether that country manipulates the rate of exchange between the currency of that country and the United States dollar for purposes of preventing effective balance of payments adjustments or gaining an unfair competitive advantage in international trade. (b) Computation of Rate of Manipulation.--If the Secretary of the Treasury makes an affirmative determination under subsection (a), the Secretary shall compute the rate of manipulation against the dollar in the form of a percentage. (c) Reports to Congress.--The Secretary of the Treasury shall submit to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a report on the Secretary's analysis and findings under subsection (a), and any rate computed under subsection (b). The report shall be submitted-- (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. SEC. 4. ADDITIONAL TARIFFS. (a) Additional Tariff.--In any case in which a report of the Secretary of the Treasury submitted under section 3(c) includes a rate of manipulation under section 3(b), the Secretary shall, not later than 30 days after the report is submitted, impose on all products of China that enter the customs territory of the United States, in addition to any duty that otherwise applies, a tariff equal to the applicable percentage of the appraised value of the product at the time of entry. For purposes of this subsection, the ``applicable percentage'' is the percentage equal to the rate of manipulation. (b) Annual Modification.--Any tariff imposed under subsection (a) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under section 3(c). | Currency Harmonization Initiative through Neutralizing Action Act of 2003 - Directs the Secretary of the Treasury to analyze annually the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2002''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat data and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, and the Commercial Space Act of 1998 all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) remote sensing and other geospatial information can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in environmental impact and disaster relief planning and management; (10) the National Aeronautics and Space Administration, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (11) in addition, the National Aeronautics and Space Administration, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sector through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; and (3) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Administrator shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Administrator shall give preference to projects that-- (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Administrator shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Administrator on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Administrator shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Administrator shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2006, the Administrator shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Administrator shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Administrator shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. COST SENSITIVITY STUDY. The Administrator shall conduct a study of the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. The study shall identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. Not later than 2 years after the date of the enactment of this Act, the Administrator shall transmit to the Congress the results of the study conducted under this section. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Administrator $15,000,000 for each of the fiscal years 2003 through 2007 to carry out this Act. Passed the House of Representatives October 1, 2002. Attest: Clerk. 107th CONGRESS 2d Session H. R. 2426 _______________________________________________________________________ AN ACT To encourage the development and integrated use by the public and private sectors of remote sensing and other geospatial information, and for other purposes. | Remote Sensing Applications Act of 2002 - Directs the Administrator of the National Aeronautics and Space Administration to establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Requires the Administrator to give preference to projects that: (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible.Requires the Administrator to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management.Limits the provision of assistance for such projects under this Act to three years.Requires each grant recipient to transmit a report to the Administrator on the results of the project and to conduct at least one workshop for potential users to disseminate the lessons learned from the project as widely as feasible.Directs the Administrator to: (1) establish an advisory committee to monitor the program; (2) transmit to Congress an independent evaluation of program effectiveness; (3) ensure that project results are retrievable through an Internet-accessible database; (4) establish an educational outreach program to increase awareness at institutions of higher education and State, local, and tribal agencies of the potential applications of remote sensing and other geospatial information; and (5) study and report to Congress on the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications.Authorizes appropriations. |
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. Technology transfer and transitions assessment. 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.-- (A) In general.--The term ``National Laboratory'' means a nonmilitary national laboratory owned by the Department. (B) Inclusions.--The term ``National Laboratory'' includes-- (i) Ames Laboratory; (ii) Argonne National Laboratory; (iii) Brookhaven National Laboratory; (iv) Fermi National Accelerator Laboratory; (v) Idaho National Laboratory; (vi) Lawrence Berkeley National Laboratory; (vii) National Energy Technology Laboratory; (viii) National Renewable Energy Laboratory; (ix) Oak Ridge National Laboratory; (x) Pacific Northwest National Laboratory; (xi) Princeton Plasma Physics Laboratory; (xii) Savannah River National Laboratory; (xiii) Stanford Linear Accelerator Center; (xiv) Thomas Jefferson National Accelerator Facility; and (xv) any laboratory operated by the National Nuclear Security Administration, with respect to the civilian energy activities conducted at the laboratory. (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. TECHNOLOGY TRANSFER AND TRANSITIONS ASSESSMENT. Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that includes-- (1) an assessment of the ability of the Department to carry out the goals of section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391), including an assessment of the role and effectiveness of the Director of the Office of Technology Transitions; and (2) recommendations for policy changes for the Department and legislative changes to section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) to improve the ability of the Department to successfully transfer new energy technologies to the private sector. 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) Reports.-- (1) Initial 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 Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that-- (A) assesses the overall effectiveness of the pilot program referred to in subsection (a); (B) identifies opportunities to improve the effectiveness of the pilot program; (C) assesses the potential for program activities to interfere with the responsibilities of the National Laboratories to the Department; and (D) provides a recommendation regarding the future of the pilot program. (2) Annual reports.--Annually, the Secretary, in coordination with the directors of the National Laboratories, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that accounts for all incidences of, and provides a justification for, non-Federal entities using funds derived from a Federal contract or award to carry out agreements entered into under this section. SEC. 202. PUBLIC-PRIVATE PARTNERSHIPS FOR COMMERCIALIZATION. (a) In General.--Subject to subsections (b) through (d), 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) Limitation.--Subsection (a) does not apply to an agreement with a majority-foreign-owned company. (d) 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, if the funds are exclusively used to support further research and development activities at the applicable National Laboratory. (e) 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-- (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: ``(g) Early-Stage Technology Demonstration.--The Secretary shall permit the directors of the National Laboratories to use funds authorized to support technology transfer within the Department to carry out early-stage and precommercial 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.''. 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-- (1) describing the results of the projects developed under sections 201, 202, and 203, including information regarding-- (A) 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 (B) whether the activities carried out under those projects result in-- (i) fiscal savings; (ii) expansion of National Laboratory capabilities; (iii) increased efficiency of technology transfers; or (iv) an increase in general efficiency of the National Laboratory system; (2) assessing the scale, scope, efficacy, and impact of the efforts of the Department to promote technology transfer and private sector engagement at the National Laboratories; and (3) making recommendations on ways in which the Department could improve the activities described under paragraph (1). | America Implementing New National Opportunities To Vigorously Accelerate Technology, Energy, and Science Act or the America INNOVATES ActAmends the Department of Energy Organization Act to rename the Under Secretary for Science as the Under Secretary for Science and Energy. Directs the Department of Energy (DOE) to report annually on DOE's ability to improve the technology transfer and commercialization of energy technologies. Directs DOE to carry out the Agreements for Commercializing Technology pilot program, in part by giving the contractors of the DOE nonmilitary national laboratories (national laboratories) increased authority to negotiate contract terms and making every such facility eligible for the program. Extends the pilot program for a term of three years after the enactment of this Act. Requires DOE to delegate to the directors of the national laboratories signature authority with respect to certain agreements (except those with a majority foreign-owned company) whose total cost is less than $1 million. Permits the directors of national laboratories to use funds authorized to support technology transfer within DOE to carry out early-stage and precommercial technology demonstration activities to: (1) remove technology barriers that limit private sector interest, and (2) demonstrate potential commercial applications of any research and technologies arising from national laboratory activities. Amends the Small Business Act to require DOE, in carrying out its Small Business Innovation Research (SBIR) and the Small Business Technology Transfer (STTR) programs, to provide to small businesses seeking funding under these programs information concerning resources available to them at national laboratories and federally funded research and development centers. Amends the Energy Policy Act of 2005 to exempt, for six years after enactment of this Act, institutions of higher education and nonprofit institutions from the cost-sharing requirements for research and development. Requires the Government Accountability Office to report to Congress on the results of projects developed under this Act and on DOE efforts to promote technology transfer and private sector engagement at the national laboratories. |
.--Whenever the administering authority makes a final determination under section 771(18)(C)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)(I)) to revoke the determination that a foreign country is a nonmarket economy country-- (1) the President shall notify the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of that determination not later than 10 days after the publication of the administering authority's final determination in the Federal Register; (2) the President shall transmit to the Congress a request that a joint resolution be introduced pursuant to this section; and (3) a joint resolution shall be introduced in the Congress pursuant to this section. (c) Definition.--For purposes of this section, the term ``joint resolution'' means only a joint resolution of the 2 Houses of the Congress, the matter after the resolving clause of which is as follows: ``That the Congress approves the change of nonmarket economy status with respect to the products of _____ transmitted by the President to the Congress on _____.'', the first blank space being filled in with the name of the country with respect to which a determination has been made under section 771(18)(C)(i) of the Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)), and the second blank space being filled with the date on which the President notified the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives under subsection (b)(1). (d) Introduction.--A joint resolution shall be introduced (by request) in the House of Representatives by the majority leader of the House, for himself, or by Members of the House designated by the majority leader of the House, and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself, or by Members of the Senate designated by the majority leader of the Senate. (e) Amendments Prohibited.--No amendment to a joint resolution shall be in order in either the House of Representatives or the Senate, and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the presiding officer to entertain a request to suspend the application of this subsection by unanimous consent. (f) Period for Committee and Floor Consideration.-- (1) In general.--If the committee or committees of either House to which a joint resolution has been referred have not reported the joint resolution at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the joint resolution and it shall be placed on the appropriate calendar. A vote on final passage of the joint resolution shall be taken in each House on or before the close of the 15th day after the joint resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the joint resolution. If, prior to the passage by one House of a joint resolution of that House, that House receives the same joint resolution from the other House, then-- (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House, but (B) the vote on final passage shall be on the joint resolution of the other House. (2) Computation of days.--For purposes of paragraph (1), in computing a number of days in either House, there shall be excluded any day on which that House is not in session. (g) Floor Consideration in the House.-- (1) Motion privileged.--A motion in the House of Representatives to proceed to the consideration of a joint resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate limited.--Debate in the House of Representatives on a joint resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a joint resolution or to move to reconsider the vote by which a joint resolution is agreed to or disagreed to. (3) Motions to postpone.--Motions to postpone, made in the House of Representatives with respect to the consideration of a joint resolution, and motions to proceed to the consideration of other business, shall be decided without debate. (4) Appeals.--All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a joint resolution shall be decided without debate. (5) Other rules.--Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a joint resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. (h) Floor Consideration in the Senate.-- (1) Motion privileged.--A motion in the Senate to proceed to the consideration of a joint resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (2) Debate limited.--Debate in the Senate on a joint resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. (3) Control of debate.--Debate in the Senate on any debatable motion or appeal in connection with a joint resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the joint resolution, except that in the event the manager of the joint resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a joint resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. (4) Other motions.--A motion in the Senate to further limit debate is not debatable. A motion to recommit a joint resolution is not in order. (i) Rules of House of Representatives and Senate.--Subsections (c) through (h) are enacted by the Congress-- (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such subsections (c) through (h) are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of joint resolutions described in subsection (c), and subsections (c) through (h) supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. | Nonmarket Economy Trade Remedy Act of 2009 - Amends the Tariff Act of 1930 to apply countervailing duties to nonmarket economies. Excludes specified factors, including a subsidy's effect, from the administering authority's consideration when determining whether a countervailable subsidy exists with respect to merchandise imported from nonmarket economy countries. Authorizes the use of alternative methodologies in determining whether a subsidy is countervailable with respect to the People's Republic of China (PRC). Deems subsidies provided predominantly or disportionately by the PRC to a state-owned enterprise as specific to that enterprise. Prohibits the administering authority from considering requests for market economy treatment at the individual business enterprise level in an antidumping duty proceeding involving a nonmarket economy country. Requires congressional approval for revocation of nonmarket economy country determinations made by the administering authority. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Oregon Caves National Monument Boundary Adjustment Act of 2010''. SEC. 2. PURPOSE. The purpose of this Act is to add surrounding land to the Monument-- (1) to enhance the protection of the resources associated with the Monument; and (2) to increase public recreation opportunities. SEC. 3. DEFINITIONS. In this Act: (1) Map.--The term ``map'' means the map titled ``Oregon Caves National Monument and Preserve'' numbered 150/80,023, and dated May 2010. (2) Monument.--The term ``Monument'' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) National preserve.--The term ``National Preserve'' means the National Preserve designated by section 4(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (6) State.--The term ``State'' means the State of Oregon. SEC. 4. DESIGNATION; LAND TRANSFER; BOUNDARY ADJUSTMENT. (a) In General.--The Monument shall be known and designated as the ``Oregon Caves National Monument and Preserve''. The land identified on the map as ``Proposed Addition Lands'' shall be designated as a National Preserve. (b) Land Transfer.--The Secretary of Agriculture shall-- (1) transfer approximately 4,070 acres of land identified on the map as the ``Proposed Addition Lands'' to the Secretary to be administered as part of the Oregon Caves National Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude the land transferred under paragraph (1). (c) Boundary Adjustment.--The boundary of the National Monument is modified to exclude approximately 4 acres of land-- (1) located in the City of Cave Junction; and (2) identified on the map as the ``Cave Junction Unit'', as depicted on the map. (d) Availability of Map.--The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the ``Oregon Caves National Monument and Preserve''. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the National Monument and Preserve in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Fire Management.--As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall revise the fire management plan for the Monument to include the National Preserve and, in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing Forest Service Contracts.--The Secretary shall allow for the completion of existing Forest Service stewardship and service contracts executed as of the date of enactment of this Act and shall recognize the authority of the Secretary of Agriculture for the purpose of administering the existing Forest Service contracts through their completion. All terms and conditions of existing Forest Service contracts shall remain in place for the duration of those contracts. Any such liability existing at the time of enactment of this Act shall be that of the Forest Service. (d) Grazing.--The Secretary may allow the grazing of livestock within the preserve to continue where authorized under permits or leases in existence as of the date of enactment of this Act. Grazing shall be at no more than the current level, as measured in Animal Unit Months, and subject to applicable laws and National Park Service regulations. SEC. 6. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit.-- (1) Acceptance by secretary concerned.--The Secretary concerned shall accept the donation of a grazing lease or permit from a leasee or permittee for-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) Termination.--With respect to each permit or lease donated under subparagraph (a), the Secretary shall-- (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the permit or lease. (b) Effect of Donation.--A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 7. HUNTING, FISHING, AND TRAPPING. (a) In General.--Except as provided in subsection (b), the Secretary shall permit hunting, fishing, and trapping on land and water within the National Preserve in accordance with each applicable law (including regulations) of the Federal Government and the State. (b) Administrative Exceptions.--In accordance with subsection (c), the Secretary may designate areas in which, and establish limited periods during which, no hunting, fishing, or trapping may be permitted within the National Preserve due to concerns relating to-- (1) public safety; (2) the administration of the National Preserve; or (3) the compliance by the Secretary with any applicable law (including regulations). (c) Consultation With Appropriate State Agency.--Except to respond to a situation that the Secretary determines to be an emergency, the Secretary shall consult with the appropriate agency of the State before taking any act to close any area within the National Preserve to hunting, fishing, or trapping. SEC. 8. EFFECT. Nothing in this Act affects the authority or responsibility of the State to carry out any law or duty of the State relating to fish and wildlife on areas located within the National Preserve. SEC. 9. WILD AND SCENIC RIVER DESIGNATION, RIVER STYX, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by inserting the following paragraph: ``(__) River styx, oregon.--The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river.''. SEC. 10. WILD AND SCENIC RIVER DESIGNATION FOR STUDY. Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.-- ``(A) Cave creek, oregon.--The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. ``(B) Lake creek, oregon.--The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. ``(C) No name creek, oregon.--The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. ``(D) Panther creek.--The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. ``(E) Upper cave creek.--The segment of Upper Cave Creek from the headwaters to the confluence with River Styx.''. SEC. 11. STUDY AND REPORT. Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ``(__) Oregon caves national monument and preserve, oregon.--Not later than 3 years after funds are made available to carry out this paragraph, the Secretary shall complete the study of the Oregon Caves National Monument and Preserve segments designated for study in subsection (a), and shall submit to Congress a report containing the results of the study.''. | Oregon Caves National Monument Boundary Adjustment Act of 2010 - (Sec. 4) Redesignates the Oregon Caves National Monument as the Oregon Caves National Monument and Preserve. Designates lands identified as proposed addition lands on the map entitled "Oregon Caves National Monument and Preserve" as a National Preserve. Directs the Secretary of Agriculture (USDA) to: (1) transfer the proposed addition lands to the Secretary of the Interior (the Secretary) to be administered as part of the Monument and Preserve; and (2) adjust the boundary of the Rogue River-Siskiyou National Forest to exclude such lands transferred by the Secretary. Adjusts the boundary of the Monument to exclude certain land in the city of Cave Junction and identified on the map as the Cave Junction Unit. (Sec. 5) Requires the Secretary to revise the fire management plan for the Monument to include the Preserve and carry out hazardous fuel management activities within the Monument and Preserve. Allows for the completion of existing Forest Service stewardship and service contracts executed as of the enactment of this Act. Recognizes the authority of the Secretary of Agriculture to administer such existing contracts through their completion. Permits the grazing of domestic livestock on land within the Preserve to continue where authorized under permits or leases in existence as of enactment at not more than the current level. (Sec. 6) Directs the Secretary of Agriculture or the Secretary to accept the donation of a grazing lease or permit from a lessee or permittee for: (1) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (2) the Billy Mountain Grazing Allotment located on a parcel of BLM-managed land. Instructs the Secretary to terminate each donated permit or lease and ensure a permanent end to grazing on the land covered by such permit or lease. Considers a lessee or permittee donating a grazing lease or permit to have waived any claim to any range improvement on the associated grazing allotment or portion. (Sec. 7) Allows the Secretary with specified administrative exceptions, to permit hunting, fishing, and trapping on land and water within the Preserve. (Sec. 8) Prohibits this Act from affecting the state's authority or responsibility to carry out any laws or duties related to fish and wildlife on areas within the Preserve. (Sec. 9) Amends the Wild and Scenic Rivers Act to designate: (1) the subterranean segment of the Cave Creek in Oregon known as the River Styx as a component of the national wild and scenic rivers system; and (2) certain additional segments of the Monument and Preserve for study for potential addition to the system. (Sec. 11) Directs the Secretary to report the results of such study to Congress. |
SECTION 1. RESTORATION OF DEDUCTION FOR INTEREST ON EDUCATIONAL LOANS. (a) In General.--Paragraph (2) of section 163(h) of the Internal Revenue Code of 1986 (defining personal interest) is amended by striking ``and'' at the end of subparagraph (D), by redesignating subparagraph (E) as subparagraph (F), and by inserting after subparagraph (D) the following new subparagraph: ``(E) any interest on a qualified educational loan (within the meaning of paragraph (5)), and''. (b) Qualified Educational Loan Defined.--Paragraph (5) of section 163(h) of such Code is amended to read as follows: ``(5) Qualified educational loan.--For purposes of this subsection-- ``(A) In general.--The term `qualified educational loan' means any indebtedness-- ``(i) which is provided-- ``(I) pursuant to a Federal, State, or State-based guarantee program or insurance program, ``(II) by an organization described in section 501(c)(3) and exempt from tax under section 501(a), or ``(III) by a financial institution under a supplemental education program which requires that repayments on the loan be made to the educational institution referred to in subparagraph (D)(i), and ``(ii) which is incurred to pay qualified educational expenses which are paid or incurred within a reasonable period of time before or after the indebtedness is incurred. ``(B) Phaseout of benefit.-- ``(i) In general.--The amount of interest which would (but for this subparagraph) be taken into account under paragraph (2)(E) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to such interest as the excess of the taxpayer's adjusted gross income for such taxable year over the applicable dollar amount bears to phaseout range. ``(ii) Applicable dollar amount; phaseout range.--For purposes of clause (i)-- ``(I) in the case of a return of an unmarried individual, the applicable dollar amount is $40,000 and the phaseout range is $15,000, ``(II) in the case of a joint return, the applicable dollar amount is $60,000 and the phaseout range is $30,000, and ``(III) in any other case, the applicable dollar amount is zero. ``(C) Deduction allowable only for first 48 months loan is in repayment status.--Paragraph (2)(E) shall apply only to interest which is paid or incurred during the first 48 months (whether or not consecutive) for which a payment is required to be made on the loan. ``(D) Qualified educational expenses.--For purposes of this paragraph-- ``(i) In general.--The term `qualified educational expenses' means qualified tuition and related expenses of the taxpayer, his spouse, or a dependent (as defined in section 152) for attendance at an educational institution described in section 170(b)(1)(A)(ii). ``(ii) Qualified tuition and related expenses.--The term `qualified tuition and related expenses' has the meaning given such term by section 117(b), except that such term shall include any reasonable living expenses while away from home. ``(E) Adjustment of phaseout for inflation.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 1994, the $40,000 and $60,000 amounts contained in subparagraph (B) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1993' for `calendar year 1989' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50 (or, if such amount is a multiple of $25, such amount shall be rounded to the next highest multiple of $50).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1993, but only with respect to loans the first required payment on which is after such date. | Amends the Internal Revenue Code to allow an income tax deduction for interest on any indebtedness incurred to pay the educational expenses of the taxpayer, spouse, or dependent. Allows such deduction only for the first 48 months of loan repayment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Poland Parliamentary Youth Exchange Program Act of 2006''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The United States established diplomatic relations with the newly-formed Polish Republic in April 1919. (2) The United States and Poland have enjoyed close bilateral relations since 1989. (3) Poland became a member of the North Atlantic Treaty Organization (NATO) in March 1999. (4) Poland became a member of the European Union (EU) in May 2004. (5) Poland has been a strong supporter, both diplomatically and militarily, of efforts led by the United States to combat global terrorism and has contributed troops to the United States-led coalitions in both Afghanistan and Iraq. (6) Poland cooperates closely with the United States on such issues as democratization, nuclear proliferation, human rights, regional cooperation in Eastern Europe, and reform of the United Nations. (7) The United States and Poland seek to ensure enduring ties between both governments and societies. (8) It is important to invest in the youth of the United States and Poland in order to help ensure long-lasting ties between both societies. (9) It is in the interest of the United States to preserve a United States presence in Europe and to continue to contribute to the development of transatlantic relationships. (10) Poland for many years received international and United States financial assistance and is now determined to invest its own resources toward attaining its shared desire with the United States to develop international cooperation. SEC. 3. UNITED STATES-POLAND PARLIAMENTARY YOUTH EXCHANGE PROGRAM. (a) Authority.--The Secretary of State, in cooperation with the Government of Poland, may establish and carry out a parliamentary exchange program for youth of the United States and Poland. (b) Designation.--The youth exchange program carried out under this subsection shall be known as the ``United States-Poland Parliamentary Youth Exchange Program''. (c) Purpose.--The purpose of the youth exchange program is to demonstrate to the youth of the United States and Poland the benefits of friendly cooperation between the United States and Poland based on common political and cultural values. (d) Eligible Participants.--An individual is eligible for participation in the youth exchange program if the individual-- (1) is a citizen or national of the United States or of Poland; (2) is under the age of 19 years; (3) is a student who is enrolled and in good standing at a secondary school in the United States or Poland; (4) has been accepted for up to one academic year of study in a program of study abroad approved for credit at such school; and (5) meets any other qualifications that the Secretary of State may establish for purposes of the program. (e) Program Elements.--Under the youth exchange program, eligible participants selected for participation in the program shall-- (1) live in and attend a public secondary school in the host country for a period of one academic year; (2) while attending public school in the host country, undertake academic studies in the host country, with particular emphasis on the history, constitution, and political development of the host country; (3) be eligible, either during or after the completion of such academic studies, for an internship in an appropriate position in the host country; and (4) engage in such other activities as the President considers appropriate to achieve the purpose of the program. SEC. 4. ANNUAL REPORT TO CONGRESS. The Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives an annual report on the United States- Poland Parliamentary Youth Exchange Program established under this Act. Each annual report shall include-- (1) information on the implementation of the Program during the preceding year: (2) the number of participants in the Program during such year; (3) the names and locations of the secondary schools in the United States and Poland attended by such participants; (4) a description of the areas of study of such participants during their participation in the Program; (5) a description of any internships taken by such participants during their participation in the Program; and (6) a description of any other activities such participants carried out during their participation in the Program. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated for the Department of State for fiscal year 2007 such sums as may be necessary to carry out the youth exchange program authorized by this Act. (b) Availability.--Amounts authorized to be appropriated by subsection (a) shall remain available until expended. Passed the Senate September 7 (legislative day, September 6), 2006. Attest: EMILY J. REYNOLDS, Secretary. | United States-Poland Parliamentary Youth Exchange Program Act of 2006 - Authorizes the Secretary of State, in cooperation with the government of Poland, to establish a United States-Poland Parliamentary Youth Exchange Program for American and Polish secondary students under 19 years old to live in and attend public secondary school in the host country. Requires an annual program report to the Senate Foreign Relations Committee and the House International Relations Committee. Authorizes FY2007 appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Steps for Haiti Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) Haiti is the world's first black-led republic and the first Caribbean country to achieve independence. (2) Since its independence on January 1, 1804, the Government of Haiti has struggled to meet the promise of freedom and democracy expressed in the Preliminary Declaration of its 1805 Constitution, which reads: ``The Citizens of Haiti are brothers at home; equality in the eyes of the law is incontestably acknowledged, and there cannot exist any titles, advantages, or privileges, other than those necessarily resulting from the consideration and reward to liberty and independence.''. (3) According to the United States Agency for International Development (USAID), following the end of the 29-year Duvalier dictatorship in 1986, the people of Haiti have suffered over a dozen government turnovers, including six military regimes, three appointed transition governments, and four elected presidencies. (4) The government changes, accompanied with ongoing violence, have limited the government's capacity to provide security for its citizens as well as an environment conducive for the development of infrastructure to take root. (5) Since the return of Haiti's democracy, the country has taken steps to achieve a relative measure of stability. However, the recent 40 percent rise in global food prices and subsequent 50 percent rise in the cost of Haiti's staple foods since mid-2007 has threatened Haiti's security and the capacity of Haiti's economy to prosper. (6) According to the Department of State, workforce unemployment and underemployment are rampant. Estimates suggest that two-thirds of the country's 3,600,000 workers are without consistent work. The minimum wage of 70 gourdes per day (U.S. $1.70) undermines Haiti's ability to attract the skilled labor necessary to expand its economy. Reports indicate that Haitians are migrating to neighboring countries, mostly to the Dominican Republic to find work. Moreover, the 500,000 Haitians living in New York City and the 380,000 in Miami represent a loss of skills and expertise that Haiti has been unable to replace. (7) Despite a strong social demand for education among Haitian families, the education sector in Haiti is characterized by a weak state capacity to provide and regulate educational services. According to USAID, Haitian families pay 15 percent of their household income for schooling. Yet, there is an adult literacy rate of 52 percent and a primary school enrollment rate of 67 percent. Less than 30 percent of the children who enter primary school will reach the 6th grade. (8) According to the World Bank, approximately 500,000 children aged 6-11 do not attend school of any kind, and only about half of all six year olds enroll in first grade. Eighty percent of all primary level students attend nonpublic schools financed by parents, religious associations, NGO's, and other sources. Haiti continues to face severe obstacles in education due to access, equity, quality, and institutional capacity. (9) According to the Department of State, in terms of health, Haiti has poor sanitation systems, poor nutrition, and inadequate health services. Eighty percent of Haiti's population lives below the poverty line. Less than half of the population has access to clean drinking water and 28 percent have access to adequate sanitation. (10) Only 43 percent of the target population receives the recommended immunizations. Haiti, thus, has a life expectancy at birth of 53 years and a mortality rate of 12.2 deaths per 1,000 in population. (11) There are 25 physicians and 11 nurses per 100,000 in population. Only one-fourth of births are attended by a skilled health professional. (12) Haiti has the highest incidence of HIV/AIDS outside of Africa, with a national prevalence rate of 4.5 percent of the population. (13) In terms of the environment, USAID reports that Haiti is ill equipped for the aftermath of tropical storms. The country lacks adequate management plans for natural disasters. Severe deforestation has left it vulnerable to flooding from the most moderate rainfall. Over 90 percent of the country's forests have been cleared for fuel, thus flash floods and mudslides across the country have damaged farmland and contributed to increased poverty. SEC. 3. THE NEXT STEPS FOR HAITI ACT OF 2008. (a) Program Authorized.--The Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti and Haitian civil society organizations, is authorized to establish a professional exchange program in Haiti, to be known as the ``Haiti Professional Exchange Program'' (in this Act referred to as the ``Exchange Program''). At all phases of the Exchange Program, including establishing the Exchange Program's priorities, identifying the most appropriate skills for Exchange Program participants, and selecting and supervising Exchange Program participants, the democratically elected Government of Haiti and Haitian civil society organizations shall be consulted. (b) Purpose.--The purpose of the Exchange Program is to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, which may include education, energy, environment, healthcare, infrastructure, security, transportation, and disaster preparedness. (c) Coordination.--In carrying out the Exchange Program, the Director of Foreign Assistance shall negotiate an agreement with the democratically elected Government of Haiti to-- (1) provide technical assistance in areas vital to Haiti's growth and development as provided under subsection (b); and (2) identify, in accordance with Haitian needs and priorities, the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (d) Consultation With Haitian Civil Society Organizations.--The democratically elected Government of Haiti should consult with Haitian civil society organizations to identify the needs and priorities of Haiti to outline the sectors or professional fields to which Exchange Program participants may provide technical assistance and the objectives to be achieved, including specific projects or programs. (e) Selection of Individuals for Participation in the Exchange Program.--The Director of Foreign Assistance shall establish a selections committee, consisting of representatives of the democratically elected Government of Haiti and Haitian civil society organizations, to identify criteria that should be met by individuals who wish to participate in the Exchange Program. In addition, the selections committee shall review potential eligible applicants who wish to participate in the Exchange Program to ensure that they can act as experts. (f) Outreach Program To Encourage Applicants To Participate in the Exchange Program.--The Director of Foreign Assistance shall establish an outreach program to encourage eligible applicants to participate in the Exchange Program, who, as a requisite, shall meet the following requirements: (1) Are citizens of the United States or lawfully admitted for permanent residence in the United States. (2) At a minimum, should possess-- (A) fluency in Kreyol or are working towards a proficiency in Kreyol, or willing to undertake intensive Kreyol training, to the satisfaction of the selection committee; or (B) fluency in French or are working towards a proficiency in French, or willing to undertake intensive French training, to the satisfaction of the selection committee. (3) Any other criteria, skills, or expertise identified by the selections committee as necessary to provide technical assistance in one of the areas identified pursuant to subsection (c)(2). (g) Terms of Participation for Individuals in the Exchange Program.-- (1) Orientation required for individuals in the exchange program.--Participants shall attend an orientation outlined by the Director of Foreign Assistance, in consultation with the selection committee. The orientation shall consist of workshops and seminars designed to prepare participants for their stay in Haiti. Topics addressed shall include the following: (A) A review of the Exchange Program's goals and intentions. (B) A review of Haiti's different approaches to the country's development needs. (C) A review of the potential cultural and behavioral barriers individuals may face while participating in the Exchange Program. (2) Length of service in exchange program.-- (A) 27 months.--Individuals may participate in the Exchange Program for not longer than 27 months. (B) Exception.--If a participant would like to extend the duration of time of participation in the program, an application for such an extension shall be subject to approval of the Director of Foreign Assistance, in consultation with the democratically elected Government of Haiti. Upon approval, individuals may participate in the Exchange Program for one additional year. (C) Compensation and readjustment allowance.-- (i) Compensation.--An individual who participates in the Exchange Program shall receive monthly compensation equal to the average monthly salary of such individual's professional Haitian counterpart. (ii) Readjustment allowance.--At the end of an individual's participation in the Exchange Program, the Director of Foreign Assistance shall provide to such individual a readjustment allowance in an amount equal to the number of months such individual participated in the Exchange Program multiplied by $250. (3) Enactment, notice, and cooperation.-- (A) Establishment.--The Exchange Program shall be established not later than 180 days after the date of the enactment of this Act. (B) Notice.--Not later than 30 days after the date on which the Director of Foreign Assistance establishes the Exchange Program under subsection (a), the Director shall-- (i) provide notice thereof to Congress; and (ii) submit to Congress information on the Exchange Program that contains the agreement governing the scope of work negotiated with the democratically elected Government of Haiti, a recruitment plan for participants, and a description of the qualifications and other appropriate information relating to individuals who are to be recruited to participate in the Exchange Program, including the needs that the individuals are expected to fill under the Exchange Program. (C) Cooperation.--The Director of Foreign Assistance, in cooperation with the democratically elected Government of Haiti, shall report to Congress annually on the implementation of the Exchange Program, including as to-- (i) the selection of projects or activities in which individuals will be involved under the Exchange Program; and (ii) the manner in which the Exchange Program will be made known to the public in the United States and Haiti. (4) Definitions.--In this section: (A) Civil society.--The term ``civil society'' means voluntary civic and social organizations and may include registered charities, grassroots organizations, coalitions and advocacy groups, and professional associations. (B) Expert advisors.--The term ``expert advisors'' means individuals who possess extensive experience in fields which will benefit Haiti that may include education, energy, environment, healthcare, infrastructure, security, transportation, and disaster preparedness. (5) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated for each of fiscal years 2009 through 2014 such sums as may be necessary to carry out this section. (B) Sense of congress.--It is the sense of Congress that at least $3,000,000 should be made available for each of the fiscal years specified in subparagraph (A) to carry out this section. (h) Reports.-- (1) In general.--Not later than 18 months after the date of the enactment of this Act and annually thereafter, the Director of Foreign Assistance shall submit to Congress a report regarding the Exchange Program. (2) Contents.--The reports shall include information relating to the following: (A) Individuals and organizations selected to participate and receive funds and a detailed breakdown of the uses of such funds, including purpose, locations, and results. (B) The potential for expansion of the Exchange Program. (C) The number of individuals recruited to participate in the Exchange Program, their countries of origin and their current residences, and the ministry or agency and the locality in which each individual is placed. (D) A statement of financial accounting. SEC. 4. LOAN FORGIVENESS FOR EXCHANGE PROGRAM PARTICIPANTS. (a) Program Established.-- (1) Program authorized.--The Secretary of State, in cooperation with the Secretary of Education, shall establish and implement a program to cancel the obligation of loan borrowers to pay the principal and interest on student loans for program participants, during their service in the Exchange Program under section 2. (2) Method of repayment.--The Secretary of State shall carry out such program by repaying in accordance with subsection (b) the principal and interest, not to exceed a total of $10,000, on a loan made under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) for a borrower who-- (A) has obtained an undergraduate or graduate degree; (B) is selected to participate in the Exchange Program under section 2 of this Act; (C) is a United States citizen or permanent legal resident; and (D) is in repayment status on such loan and is not in default on a loan for which the borrower seeks forgiveness of principal and interest payments. (b) Terms.-- (1) Promise to complete service required for payment.--Any application for payment under subsection (a) shall contain an agreement by the applicant that the applicant will continue in a qualifying service described in subsection (a)(2)(B) for not less than 1 complete year, or will, upon a failure to complete such year, repay the United States the amount of the principal and interest repaid by the Secretary under subsection (a), at a rate and schedule, and in accordance with regulations, prescribed by the Secretary. Such regulations may provide for waiver by the Secretary of such repayment obligations upon proof of economic hardship as specified in such regulations. (2) Payment in installments.--After a borrower has been selected as a participant of the Exchange Program under section 2, the Secretary shall make payments under this section while the borrower is in loan repayment status and continues as a participant of such program. The Secretary shall repay a portion of a borrower's outstanding loan, not to exceed a total of $10,000, in the following increments: (A) Up to $2,000, or 20 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the first year of such service. (B) Up to $2,500, or 25 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the second year of such service. (C) Up to $5,000, or 50 percent of the borrower's outstanding loan balance, whichever is less, at the completion of the third and final year of such service. (c) Regulations.--The Secretary of State is authorized to issue such regulations as may be necessary to carry out this section. Such regulations shall establish procedures by which borrowers shall apply for loan repayment under this section. | Next Steps for Haiti Act of 2008 - Authorizes the Director of Foreign Assistance, in consultation with the government of Haiti and Haitian civil society organizations, to establish the Haiti Professional Exchange Program whose purpose shall be to assign qualified Haitian Americans and others to provide technical assistance to help Haiti improve in areas vital to its growth and development, including education, energy, environment, health care, infrastructure, security, transportation, and disaster preparedness. Requires that the Director establish an outreach program to encourage Exchange Program participation. Sets forth Program provisions. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Backcountry Landing Strip Access Act''. SEC. 2. FINDINGS. Congress finds that-- (1) aircraft landing strips-- (A) serve an essential safety role as emergency landing areas; (B) provide access to people who would otherwise be physically unable to enjoy national parks, national forests, wilderness areas, and other Federal land; (C) support State economies by providing efficient access for visitors seeking recreational activities; and (D) serve an essential role in search and rescue, forest and ecological management, research, wildlife management, aerial mapping, firefighting, and disaster relief; and (2) the Secretary of the Interior and the Secretary of Agriculture should-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to comply with the policy adopted under subparagraph (A). SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Aviation Administration. (2) Aircraft landing strip.--The term ``aircraft landing strip'' means an established aircraft landing strip located on Federal land under the administrative jurisdiction of the Secretary that is commonly known, and has been or is consistently used, for aircraft landing and departure activities. (3) Permanently close.--The term ``permanently close'' means any closure, the duration of which is more than 90 days in any calendar year. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior; and (B) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture. SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN AIRCRAFT LANDING STRIPS. (a) In General.--The Secretary shall not take any action that would permanently close, restrict, or render or declare as unserviceable any aircraft landing strip unless-- (1) the head of the aviation department of each State in which the aircraft landing strip is located approves the action; (2) the Secretary publishes in the Federal Register notice of the proposed action, including notice that the action would permanently close, restrict, or render or declare as unserviceable the aircraft landing strip; (3) the Secretary provides for a 90-day public comment period beginning on the date of publication of the notice under paragraph (2); and (4) the Secretary and the head of the aviation department of each State in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period under paragraph (3). (b) Policies.-- (1) Backcountry aviation policies.--Not later than 2 years after the date of enactment of this Act, the Secretaries shall-- (A) adopt a nationwide policy for governing backcountry aviation issues relating to the management of Federal land under the jurisdiction of the Secretaries; and (B) require regional managers to adhere to the policy adopted under subparagraph (A). (2) Requirements.--Any policy affecting air access to an aircraft landing strip, including the policy adopted under paragraph (1), shall not take effect unless the policy-- (A) states that the Administrator has the sole authority to control aviation and airspace over the United States; and (B) seeks and considers comments from State governments and the public. (c) Maintenance of Airstrips.-- (1) In general.--To ensure that aircraft landing strips are maintained in a manner that is consistent with the resource values of any adjacent area, the Secretary shall consult with-- (A) the head of the aviation department of each State in which an aircraft landing strip is located; and (B) any other interested parties. (2) Cooperative agreements.--The Secretary may enter into cooperative agreements with interested parties for the maintenance of aircraft landing strips. (d) Exchanges or Acquisitions.--There shall not be as a condition of any Federal acquisition of, or exchange involving, private property on which a landing strip is located-- (1) the closure or purposeful neglect of the landing strip; or (2) any other action that would restrict use or render any landing strip unserviceable. (e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to any action, policy, exchange, or acquisition, respectively, that is not final on the date of enactment of this Act. (f) Effect on Federal Aviation Administration Authority.--Nothing in this Act affects the authority of the Administrator over aviation or airspace. | Backcountry Landing Strip Access Act - Prohibits the Secretary of the Interior and the Secretary of Agriculture from taking any action that would permanently close, restrict, render or declare as unserviceable any aircraft landing strip located on federal land under their respective jurisdiction, unless: (1) the head of the aviation department of each state in which the aircraft landing strip is located approves the action; (2) notice of the proposed action has been published in the Federal Register; (3) a public comment period on the action has been provided; and (4) the relevant Secretary and the head of the aviation department of each state in which the affected aircraft landing strip is located have taken into consideration any comments received during the comment period. Directs the Secretaries to: (1) adopt a nationwide policy for governing backcountry aviation issues related to the management of federal land under their jurisdiction; and (2) require regional managers to adhere to it. Declares that a policy affecting air access to an aircraft landing strip located on federal land will not take effect unless certain conditions are met. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Naugatuck River Valley National Heritage Area Study Act''. SEC. 2. NATIONAL PARK SERVICE STUDY REGARDING NAUGATUCK RIVER VALLEY, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The area that encompasses the Naugatuck River Valley of Connecticut has made a unique contribution to the cultural, political, and industrial development of the United States. (2) The Naugatuck River Valley is comprised of 14 communities along the Naugatuck River, which stretches for more than 40 miles from its headwaters in Torrington, Connecticut, to the confluence with the Housatonic River in Shelton. The 14 municipalities of Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, share common historical elements, agricultural, trade, and maritime origins, similar architecture, common industries, an immigrant culture succeeding colonial beginnings, and a significant contribution to the war effort from the Revolutionary War to World War II. Most of these elements are still in evidence today. (3) Three major industries drove the manufacturing contribution of the Valley. As evidenced in the book, The Brass Industry in the United States, by William Lathrop, the brass industry was born in Connecticut's Naugatuck River Valley and harnessed the power of the Naugatuck River and the skilled immigrant workers who arrived from Germany, Ireland, Italy, and Poland. (4) The Naugatuck River Valley also spawned the birth of the rubber industry in the United States when Charles Goodyear developed the vulcanization process in 1839. Together with Samuel Lewis, a wealthy industrialist from Naugatuck, Connecticut, Goodyear parlayed his innovation into establishing the U.S. Rubber Company, making Naugatuck the rubber capital of the world. (5) The Naugatuck River Valley was also a major contributor to the success of the United States clock industry. Eli Terry designed interchangeable parts for his clocks assembled in Terryville. Renowned clockmaker Seth Thomas began making the first of millions of clocks in Thomaston, Connecticut, in 1813. His company continued until 1931 when it became a division of General Time Corporation (Timex). Other important industries included pens, evaporated milk, pianos and organs, corset stays, and cables. (6) The Naugatuck River Valley has been a major contributor to the United States war efforts from the American Revolution to the Civil War to World War II. In the 2007 PBS film ``The War'', the story of World War II directed and produced by Ken Burns and Lynn Novick, the City of Waterbury, Connecticut, was characterized as the ``arsenal'' of the war effort because of its high concentration of war industries. (7) The Naugatuck River Valley has been home to many great authors, diplomats, inventors and patriots, such as David Humphreys, Aide-de-Camp to General George Washington and the first American ambassador; Commodore Isaac Hull, Commander of ``Old Ironsides'' during the War of 1812; Ebenezer D. Bassett, the country's first black ambassador; Dr. John Howe, inventor of a pin making machine that made the common pin a household necessity; and Pierre Lallement, inventor of the modern two- wheel bicycle. (8) The Naugatuck River Valley possesses a rich and diverse assemblage of architecturally significant civic, industrial and residential structures and monuments dating from Colonial times to the present. There are 88 structures in the Naugatuck Valley included on the National Register of Historic Places. The first law school in America was built in Litchfield. Notable examples of the variety of architecture found in the Valley include Robert Wakeman Hill's brilliantly designed Thomaston Opera House and Town Hall; H.E. Ficken's acoustically impressive Sterling Opera House in Derby, site of appearances by many nationally known performers; Waterbury's Clock Tower, designed by the renowned architectural firm of McKim, Mead & White which also designed four buildings in Naugatuck; Henry Bacon, designer of the Lincoln Memorial and two structures in Naugatuck; and the Father McGivney Statue cast by Joseph Coletti of Boston to honor the Waterburian who founded the Knights of Columbus. (9) The Naugatuck River Valley has been a melting pot for immigrant populations who have made significant contributions to the industrial, cultural, and economic development of the nation. (10) In 2011, the Naugatuck River Greenway was designated one of 101 projects nationwide selected by the Secretary of the Interior under the America's Great Outdoors Initiative. This multi-sector partnership aims to restore and enhance the river by completing the Naugatuck River Greenway, creating new public access to the river, and opening fish passages on the river. (11) The Naugatuck River Valley possesses a group of public-spirited citizens dedicated to the preservation and promotion of the region's natural, historic, and cultural heritage, and a passionate resolve to work together for the betterment of the Valley and its residents. (b) Study.-- (1) In general.--The Secretary of the Interior shall, in consultation with the State of Connecticut and appropriate organizations, carry out a study regarding the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. (2) Contents.--The study shall include analysis and documentation regarding whether the Study Area-- (A) has an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use, and are best managed through partnerships among public and private entities and by combining diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the national story; (C) provides outstanding opportunities to conserve natural, historic, cultural, or scenic features; (D) provides outstanding recreational and educational opportunities; (E) contains resources important to the identified theme or themes of the Study Area that retain a degree of integrity capable of supporting interpretation; (F) includes residents, business interests, nonprofit organizations, and local and State governments that are involved in the planning, have developed a conceptual financial plan that outlines the roles for all participants, including the Federal Government, and have demonstrated support for the concept of a national heritage area; (G) has a potential management entity to work in partnership with residents, business interests, nonprofit organizations, and local and State governments to develop a national heritage area consistent with continued local and State economic activity; and (H) has a conceptual boundary map that is supported by the public. (c) Boundaries of the Study Area.--The Study Area shall be comprised of sites in Torrington, Harwinton, Litchfield, Plymouth/ Terryville, Thomaston, Waterbury, Watertown, Ansonia, Beacon Falls, Derby, Naugatuck, Oxford, Seymour, and Shelton, Connecticut. (d) Submission of Study Results.--Not later than 3 years after funds are first made available for this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the study. | Naugatuck River Valley National Heritage Area Study Act - Instructs the Secretary of the Interior to carry out a study on the suitability and feasibility of establishing the Naugatuck River Valley National Heritage Area in Connecticut. Requires submission of the study's results to Congress. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sunshine in the Courtroom Act of 2009''. SEC. 2. FEDERAL APPELLATE AND DISTRICT COURTS. (a) Definitions.--In this section: (1) Presiding judge.--The term ``presiding judge'' means the judge presiding over the court proceeding concerned. In proceedings in which more than 1 judge participates, the presiding judge shall be the senior active judge so participating or, in the case of a circuit court of appeals, the senior active circuit judge so participating, except that-- (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states.--The term ``appellate court of the United States'' means any United States circuit court of appeals and the Supreme Court of the United States. (b) Authority of Presiding Judge To Allow Media Coverage of Court Proceedings.-- (1) Authority of appellate courts.-- (A) In general.--Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception.--The presiding judge shall not permit any action under subparagraph (A), if-- (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than 1 judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts.-- (A) In general.-- (i) Authority.--Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses.--Except as provided under clause (iii)-- (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the witness' testimony. (iii) Exception.--The presiding judge shall not permit any action under this subparagraph-- (I) if that judge determines the action would constitute a violation of the due process rights of any party; and (II) until the Judicial Conference of the United States promulgates mandatory guidelines under paragraph (5). (B) No media coverage of jurors.--The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (C) Discretion of the judge.--The presiding judge shall have the discretion to obscure the face and voice of an individual, if good cause is shown that the photographing, electronic recording, broadcasting, or televising of the individual would threaten-- (i) the safety of the individual; (ii) the security of the court; (iii) the integrity of future or ongoing law enforcement operations; or (iv) the interest of justice. (D) Sunset of district court authority.--The authority under this paragraph shall terminate 3 years after the date of the enactment of this Act. (3) Interlocutory appeals barred.--The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Advisory guidelines.--The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Mandatory guidelines.--Not later than 6 months after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate mandatory guidelines which a presiding judge is required to follow for obscuring of certain vulnerable witnesses, including crime victims, minor victims, families of victims, cooperating witnesses, undercover law enforcement officers or agents, witnesses subject to section 3521 of title 18, United States Code, relating to witness relocation and protection, or minors under the age of 18 years. The guidelines shall include procedures for determining, at the earliest practicable time in any investigation or case, which witnesses should be considered vulnerable under this section. (6) Procedures.--In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom. (7) No broadcast of conferences between attorneys and clients.--There shall be no audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, between co-counsel of a client, between adverse counsel, or between counsel and the presiding judge, if the conferences are not part of the official record of the proceedings. (8) Expenses.--A court may require that any accommodations to effectuate this Act be made without public expense. (9) Inherent authority.--Nothing in this Act shall limit the inherent authority of a court to protect witnesses or clear the courtroom to preserve the decorum and integrity of the legal process or protect the safety of an individual. | Sunshine in the Courtroom Act of 2009 - Authorizes the presiding judge of a U.S. appellate court or U.S. district court to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides, except when such action would constitute a violation of the due process rights of any party. Directs: (1) a district court, upon the request of any witness in a trial proceeding other than a party, to order the face and voice of the witness to be disguised or otherwise obscured to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (2) the presiding judge in a trial proceeding to inform each witness who is not a party of the right to make such request. Authorizes the Judicial Conference of the United States to promulgate advisory guidelines to which a presiding judge may refer in making decisions regarding the management and administration of photographing, recording, broadcasting, or televising described in this Act. Requires the Judicial Conference of the United States to promulgate mandatory guidelines which a presiding judge must follow for obscuring certain vulnerable witnesses. Prohibits broadcast of conferences between attorneys and clients. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Thirteenth Amendment Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The economic contributions of enslaved African- Americans to the American economy between 1691 and 1860 were immeasurable. This labor force was used to build the foundations upon which America stands today. (2) From the 16th through the 19th centuries, most colonial economies in the Americas were dependent on human-trafficking and the use of enslaved African labor for their survival. This included the North American mercantile and shipping sectors that were dependent on slave-produced cotton, rice, sugar and indigo, and the profits derived from triangular trade with the West Indies, Africa, and Europe. (3) Enslaved Africans in the United States were also recognized as an important element in the political and economic capital in the Nation's political economy. (4) Over the course of 246 years, slaves contributed an estimated 605 billion hours of forced free labor, the gain from which provided ``seed capital'' for the American economy, helped finance the birth of American finance and industrial sectors, contributed to the growth of most of the ``Fortune 500'' companies, and ultimately assisted the Nation in financing both world wars. (5) During the Civil War, after Union forces repelled a Confederate invasion at the battle of Antietam in 1862, President Abraham Lincoln issued the Emancipation Proclamation, which declared that all slaves in States then in rebellion would be ``forever free'' as of January 1, 1863. By his action, Lincoln added a new and revolutionary dimension to the Nation's war aims: from being a conflict to preserve the Union, the Civil War grew to be a crusade to end Black slavery and fulfill the promise of the Declaration of Independence. (6) In the spring of 1864, Charles Sumner introduced an anti-slavery amendment in the Senate, much like the amendments that were introduced in the House by Representatives James Ashley and James Wilson in December of 1863, which declared all persons as equal, prohibited the slavery, and granted Congress the power to enforce these provisions. After extensive debate, the 13th Amendment was formed from this proposal, with the omission of the declaration of equality of all persons, and passed the Senate on April 8, 1864, by a vote of 38-6. (7) Debates between abolitionists and supporters of slavery focused on the moral issue of slavery and various interpretations of ``natural law''. Representative John Farnsworth of Illinois stated that ``the old fathers who made the constitution believed that slavery was at war with the rights of human nature'', and pointed out the contradiction between the existence of inalienable rights and the institution of slavery. Some members within the Republican Party, such as Charles Sumner, sought an interpretation of the Constitution that rejected slavery as incompatible with moral law. (8) President Lincoln took an active role in promoting the 13th Amendment in Congress. He ensured that the Republican Party's 1864 election platform included a provision supporting a constitutional amendment to ``terminate and forever prohibit the existence of Slavery''. His efforts were met with success when the House passed the bill on January 31, 1865, with a vote of 119-56. (9) On February 1, 1865, Illinois became the first State to ratify the proposed 13th Amendment; it was joined by 17 other States by the end of the month. Georgia ratified on December 6, 1865, becoming the 27th of 36 States to approve the Amendment, thus achieving the constitutional requirement that it be ratified by three-fourths of the States. Secretary of State William Seward declared the 13th Amendment to be part of the Constitution on December 18. (10) The Smithsonian National Museum of African American History and Culture (hereafter referred to in this section as the ``NMAAHC'') was established by an Act of Congress in 2003, in Public Law 108-184. (11) It is fitting that the NMAAHC receive the surcharges from the sale of coins issued under this Act because the Museum is devoted to the documentation of African-American life, and, among other areas, encompasses the period of slavery and the era of Reconstruction. (12) The surcharge proceeds from the sale of a commemorative coin, which would have no net cost to the taxpayers, would raise valuable funding to supplement the endowment and educational outreach funds of the NMAAHC. SEC. 3. 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 Sesquicentennial Anniversary of the passage of the 13th Amendment: (1) $50 bi-metallic platinum and gold coins.--Not more than 250,000 $50 coins, which shall-- (A) have a weight, diameter, and thickness determined by the Secretary; and (B) contain platinum and .9167 pure gold. (2) $20 gold coins.--Not more than 250,000 $20 coins, which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain .900 pure gold. (3) $1 silver coins.--Not more than 500,000 $1 coins, which shall-- (A) weigh 31.103 grams; (B) have a diameter of 40.6 millimeters; and (C) contain .999 fine silver. (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 the purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) In General.--The design of the coins minted under this Act shall be emblematic of the Thirteenth Amendment and the abolishment of slavery in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``1865-2015''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act-- (1) shall be based on the economic contributions of slavery, and include images of the pathway from slavery to freedom; (2) may include, on the $20 coins, that the design elements be in high relief; (3) may include, on the $50 coins-- (A) on the obverse, an illustration of Columbia or similar figure representing Liberty, the female representation of America; and (B) on the reverse, a single eagle, and a set of stars on one or both sides; (4) shall be selected by the Secretary after consultation with the Commission of Fine Arts; and (5) shall be reviewed by the Citizens Coinage Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of Issuance.-- (1) In general.--The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1 of the issuance year, except that the Secretary may initiate sales of such coins, without issuance, before such date. (2) Issuance year defined.--For purposes of this subsection, the term ``issuance year'' means the first calendar year, after the date of the enactment of this Act, with respect to which the Secretary determines, as of January 1 of such year, that there are less than 2 commemorative coin programs authorized to be issued during such year. (c) Sesquicentennial Dates To Be the Only Dates.--Notwithstanding section 5112(d)(1) of title 31, United States Code, coins minted under this Act shall not have an inscription of the year of minting or issuance. SEC. 6. SALE OF COINS. (a) Sales 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 required under section 7(a) with respect to such coins; and (3) the cost of designing and issuing such 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 at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sales prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales of coins under this Act shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Smithsonian National Museum of African American History and Culture to carry out the purposes of the museum, which goes beyond simply telling the history of African-Americans, creating an opportunity for anyone who cares about African-American Culture a place to explore, learn, and revel in the rich history of African-American Culture. (c) Audits.--The Smithsonian National Museum of African American History and Culture shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation.--Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. FINANCIAL ASSURANCES. The Secretary shall take such actions as may be necessary to ensure that-- (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. SEC. 9. BUDGET COMPLIANCE. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. | Thirteenth Amendment Commemorative Coin Act Directs the Department of the Treasury to mint and issue the following coins in commemoration of the sesquicentennial anniversary of the passage of the Thirteenth Amendment to the Constitution: up to 250,000 $50 bi-metallic platinum and gold coins, up to 250,000 $20 gold coins, and up to 500,000 $1 silver coins. Requires such coins to be considered legal tender and numismatic items. Permits Treasury to issue such coins only during the one-year period beginning January 1 of the issuance year, except that sales may be initiated, without issuance, before such date. Requires specified surcharges that Treasury receives from the sale of such coins to be paid to the Smithsonian National Museum of African American History and Culture. Directs Treasury to ensure that: (1) the minting and issuing of such coins will not result in any net cost to the U.S. government; and (2) no funds, including applicable surcharges, are disbursed to the Museum until the total cost of designing and issuing all such coins is recovered by the Treasury. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Keeping Families Together 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. Restoration of definition of aggravated felony (repeal of section 321 of IIRIRA). Sec. 3. Restoration of detention policy. Sec. 4. Repeal of time stop provisions. Sec. 5. Repeal of section 101(a)(48). Sec. 6. Restoration of section 212(c). Sec. 7. Restoration of judicial review provisions. Sec. 8. Post-proceeding relief for affected aliens. SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF SECTION 321 OF IIRIRA). (a) In General.--Effective as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208), section 321 of such Act is repealed and the provisions of law amended by such section are restored as if such section had not been enacted. (b) Restoration of Rights.--Any alien whose legal permanent resident status, application for permanent residence, or application for cancellation of removal, was affected by the changes in the definition of ``aggravated felony'' made by such section 321 may apply to the Attorney General to be considered for adjustment of status or cancellation of removal in conformance with the provisions of section 101(a)(43) of the Immigration and Nationality Act, as restored by subsection (a). SEC. 3. RESTORATION OF DETENTION POLICY. (a) In General.--Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended to read as follows: ``(c) Detention of Criminal Aliens.-- ``(1) In general.--The Attorney General shall take into custody any alien convicted of an aggravated felony upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense). Notwithstanding subsection (a) or section 241(a) but subject to paragraph (2), the Attorney General shall not release such felon from custody. ``(2) Non-release.--The Attorney General may not release from custody any who has been convicted of an aggravated felony, either before or after a determination of removability, unless-- ``(A)(i) the alien was lawfully admitted, or ``(ii) the alien was not lawfully admitted but the alien cannot be removed because the designated country of removal will not accept the alien; and ``(B) the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding.''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 4. REPEAL OF TIME STOP PROVISIONS. (a) In General.--Section 240A(d) of the Immigration and Nationality Act (8 U.S.C. 1229b(d)) is repealed. (b) Effective Date.--The repeal made by subsection (a) shall be effective as if included in the enactment of subtitle A of title III of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 5. REPEAL OF SECTION 101(A)(48). (a) In General.--Paragraph (48) of section 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed. (b) Effective Date.--The repeal made by subsection (a) shall take effect as if included in the enactment of section 322(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. SEC. 6. RESTORATION OF SECTION 212(C). (a) In General.--Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by inserting after subsection (b) the following new subsection: ``(c) Aliens lawfully admitted for permanent residence who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, and who are returning to a lawful unrelinquished domicile of seven consecutive years, may be admitted in the discretion of the Attorney General without regard to the provisions of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing contained in this subsection shall limit the authority of the Attorney General to exercise the discretion vested in him under section 211(b). The first sentence of this subsection shall not apply to an alien who has been convicted of one or more aggravated felonies and has served for such felony or felonies a term of imprisonment of at least 5 years.''. (b) Effective Date.--The amendment made by subsection (a) applies as of April 24, 1996, as if section 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132) and section 304(b) of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208) had not been enacted. SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS. (a) In General.--Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended to read as follows: ``judicial review of orders of removal ``Sec. 242. (a) The procedure prescribed by, and all the provisions of chapter 158 of title 28, United States Code, shall apply to, and shall be the sole and exclusive procedure for, the judicial review of all final orders of removal heretofore or hereafter made against aliens within the United States pursuant to administrative proceedings under section 240 of this Act or comparable provisions of any prior Act, except that-- ``(1) a petition for review may be filed not later than 90 days after the date of the issuance of the final removal order, or, in the case of an alien convicted of an aggravated felony not later than 30 days after the issuance of such order; ``(2) the venue of any petition for review under this section shall be in the judicial circuit in which the administrative proceedings before an immigration judge were conducted in whole or in part, or in the judicial circuit wherein is the residence, as defined in this Act, of the petitioner, but not in more than one circuit; ``(3) the action shall be brought against the Immigration and Naturalization Service, as respondent. Service of the petition to review shall be made upon the Attorney General of the United States and upon the official of the Immigration and Naturalization Service in charge of the Service district in which the office of the clerk of the court is located. The service of the petition for review upon such official of the Service shall stay the removal of the alien pending determination of the petition by the court, unless the court otherwise directs or unless the alien is convicted of an aggravated felony, in which case the Service shall not stay the removal of the alien pending determination of the petition of the court unless the court otherwise directs; ``(4) except as provided in clause (B) of paragraph (5) of this subsection, the petition shall be determined solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive; ``(5) whenever any petitioner, who seeks review of an order under this section, claims to be a national of the United States and makes a showing that his claim is not frivolous, the court shall (A) pass upon the issues presented when it appears from the pleadings and affidavits filed by the parties that no genuine issue of material fact is presented; or (B) where a genuine issue of material fact as to the petitioner's nationality is presented, transfer the proceedings to a United States district court for the district where the petitioner has his residence for hearing de novo of the nationality claim and determination as if such proceedings were originally initiated in the district court under the provisions of section 2201 of title 28, United States Code. Any such petitioner shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise; ``(6) whenever a petitioner seeks review of an order under this section, any review sought with respect to a motion to reopen or reconsider such an order shall be consolidated with the review of the order; ``(7) if the validity of a removal order has not been judicially determined, its validity may be challenged in a criminal proceeding against the alien for violation of subsection (a) or (b) of section 243 of this Act only by separate motion for judicial review before trial. Such motion shall be determined by the court without a jury and before the trial of the general issue. Whenever a claim to United States nationality is made in such motion, and in the opinion of the court, a genuine issue of material fact as to the alien's nationality is presented, the court shall accord him a hearing de novo on the nationality claim and determine that issue as if proceedings had been initiated under the provisions of section 2201 of title 28, United States Code. Any such alien shall not be entitled to have such issue determined under section 360(a) of this Act or otherwise. If no such hearing de novo as to nationality is conducted, the determination shall be made solely upon the administrative record upon which the removal order is based and the Attorney General's findings of fact, if supported by reasonable, substantial, and probative evidence on the record considered as a whole, shall be conclusive. If the removal order is held invalid, the court shall dismiss the indictment and the United States shall have the right to appeal to the court of appeals within 30 days. The procedure on such appeals shall be as provided in the Federal rules of criminal procedure. No petition for review under this section may be filed by any alien during the pendency of a criminal proceeding against such alien for violation of subsection (a) or (b) of section 243 of this Act; ``(8) nothing in this section shall be construed to require the Attorney General to defer removal of an alien after the issuance of a removal order because of the right of judicial review of the order granted by this section, or to relieve any alien from compliance with subsections (a) and (b) of section 243 of this Act. Nothing contained in this section shall be construed to preclude the Attorney General from detaining or continuing to detain an alien or from taking the alien into custody pursuant to section 241 of this Act at any time after the issuance of a removal order; ``(9) it shall not be necessary to print the record or any part thereof, or the briefs, and the court shall review the proceedings on a typewritten record and on typewritten briefs; and ``(10) any alien held in custody pursuant to an order of removal may obtain judicial review thereof by habeas corpus proceedings. ``(b) Notwithstanding the provisions of any other law, any alien against whom a final order of removal has been made heretofore or hereafter under the provisions of section 235 of this Act or comparable provisions of any prior Act may obtain judicial review of such order by habeas corpus proceedings and not otherwise. ``(c) An order of removal shall not be reviewed by any court if the alien has not exhausted the administrative remedies available to the alien as of right under the immigration laws and regulations or if the alien has departed from the United States after the issuance of the order. Every petition for review or for habeas corpus shall state whether the validity of the order has been upheld in any prior judicial proceeding, and, if so, the nature and date thereof, and the court in which such proceeding took place. No petition for review or for habeas corpus shall be entertained if the validity of the order has been previously determined in any civil or criminal proceeding, unless the petition presents grounds which the court finds could not have been presented in such prior proceeding, or the court finds that the remedy provided by such prior proceeding was inadequate or ineffective to test the validity of the order. ``(d)(1) A petition for review or for habeas corpus on behalf of an alien against whom a final order of removal has been issued pursuant to section 238(b) may challenge only-- ``(A) whether the alien is in fact the alien described in the order; ``(B) whether the alien is in fact an alien described in section 238(b)(2); ``(C) whether the alien has been convicted of an aggravated felony and such conviction has become final; and ``(D) whether the alien was afforded the procedures required by section 238(b)(4). ``(2) No court shall have jurisdiction to review any issue other than an issue described in paragraph (1).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to determinations pending on or after such date with respect to which-- (1) a final administrative decision has been not been rendered as of such date; or (2) such a decision has been rendered but the period for seeking judicial review of the decision has not expired. SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS. (a) In General.--Notwithstanding section 240(c)(6) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other limitation imposed by law on motions to reopen removal proceedings, the Attorney General shall establish a process (whether through permitting the reopening of a removal proceeding or otherwise) under which an alien-- (1) who is (or was) in removal proceedings before the date of the enactment of this Act (whether or not the alien has been removed as of such date); and (2) whose eligibility for cancellation of removal has been established by this Act; may apply (or reapply) for cancellation of removal under section 240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a beneficiary of the relief provided under this Act. (b) Parole.--The Attorney General should exercise the parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens removed from the United States to participate in the process established under subsection (a). | Keeping Families Together Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. Revises provisions respecting judicial review of removal orders.Requires the Attorney General to establish a post-proceeding removal relief process for affected aliens. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Taxpayer Debt Buy-Down Act''. SEC. 2. DESIGNATION OF AMOUNTS FOR REDUCTION OF PUBLIC DEBT. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION FOR REDUCTION OF PUBLIC DEBT. ``Sec. 6097. Designation. ``SEC. 6097. DESIGNATION. ``(a) In General.--Every individual with adjusted income tax liability for any taxable year may designate that a portion of such liability (not to exceed 10 percent thereof) shall be used to reduce the public debt. ``(b) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of tax imposed by chapter 1 for the taxable year. The designation shall be made on the first page of the return or on the page bearing the taxpayer's signature. ``(c) Adjusted Income Tax Liability.--For purposes of this section, the term `adjusted income tax liability' means income tax liability (as defined in section 6096(b)) reduced by any amount designated under section 6096 (relating to designation of income tax payments to Presidential Election Campaign Fund).'' (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation for reduction of public debt.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. PUBLIC DEBT REDUCTION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end the following section: ``SEC. 9512. PUBLIC DEBT REDUCTION TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the `Public Debt Reduction Trust Fund', consisting of any amount appropriated or credited to the Trust Fund as provided in this section or section 9602(b). ``(b) Transfers to Trust Fund.--There are hereby appropriated to the Public Debt Reduction Trust Fund amounts equivalent to the amounts designated under section 6097 (relating to designation for public debt reduction). ``(c) Expenditures.--Amounts in the Public Debt Reduction Trust Fund shall be available only for purposes of paying at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Any obligation which is paid, redeemed, or bought with amounts from such Trust Fund shall be canceled and retired and may not be reissued.'' (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9512. Public Debt Reduction Trust Fund.'' (c) Effective Date.--The amendments made by this section shall apply to amounts received after the date of the enactment of this Act. SEC. 4. TAXPAYER-GENERATED SEQUESTRATION OF FEDERAL SPENDING TO REDUCE THE PUBLIC DEBT. (a) Sequestration To Reduce the Public Debt.--Part C of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding after section 253 the following new section: ``SEC. 253A. SEQUESTRATION TO REDUCE THE PUBLIC DEBT. ``(a) Sequestration.--Notwithstanding sections 255 and 256, within 15 days after Congress adjourns to end a session, and on the same day as sequestration (if any) under sections 251, 252, and 253, but after any sequestration required by those sections, there shall be a sequestration equivalent to the estimated aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending before the beginning of that session of Congress, as estimated by the Department of the Treasury on May 1 and as modified by the total of (1) any amounts by which net discretionary spending is reduced by legislation below the discretionary spending limits (or, in the absence of such limits, any net deficit change from the baseline amount calculated under section 257, except that such baseline for fiscal year 1996 and thereafter shall be based upon fiscal year 1995 enacted appropriations less any 1995 sequesters) and (2) the net deficit change that has resulted from direct spending legislation. ``(b) Applicability.-- ``(1) In general.--Except as provided by paragraph (2), each account of the United States shall be reduced by a dollar amount calculated by multiplying the level of budgetary resources in that account at that time by the uniform percentage necessary to carry out subsection (a). All obligational authority reduced under this section shall be done in a manner that makes such reductions permanent. ``(2) Exempt accounts.--No order issued under this part may-- ``(A) reduce benefits payable the old-age, survivors, and disability insurance program established under title II of the Social Security Act; ``(B) reduce payments for net interest (all of major functional category 900); or ``(C) make any reduction in the following accounts: ``Federal Deposit Insurance Corporation, Bank Insurance Fund; ``Federal Deposit Insurance Corporation, FSLIC Resolution Fund; ``Federal Deposit Insurance Corporation, Savings Association Insurance Fund; ``National Credit Union Administration, credit union share insurance fund; or ``Resolution Trust Corporation.''. (b) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in subsection (a), by inserting before the item relating to August 10 the following: ``May 1 . . . Department of Treasury report to Congress estimating amount of income tax designated pursuant to section 6097 of the Internal Revenue Code of 1986.''; (2) in subsection (d)(1), by inserting ``, and sequestration to reduce the public debt,''; (3) in subsection (d), by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Sequestration to reduce the public debt reports.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The aggregate amount designated under section 6097 of the Internal Revenue Code of 1986 for the last taxable year ending before the budget year. ``(B) The amount of reductions required under section 253A and the deficit remaining after those reductions have been made. ``(C) The sequestration percentage necessary to achieve the required reduction in accounts under section 253A(b).''; and (4) in subsection (g), by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Sequestration to reduce the public debt reports.--The final reports shall contain all of the information contained in the public debt taxation designation report required on May 1.''. (c) Effective Date.--Notwithstanding section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985, the expiration date set forth in that section shall not apply to the amendments made by this section. The amendments made by this section shall cease to have any effect after the first fiscal year during which there is no public debt. | Taxpayer Debt Buy-Down Act - Amends the Internal Revenue Code to allow every individual with adjusted income tax liability to designate on their tax returns that a portion of such liability (not to exceed ten percent) be used to reduce the public debt. Establishes a Public Debt Reduction Trust Fund for the deposit of designated amounts. Makes amounts in such Trust Fund available only to pay at maturity, or to redeem or buy before maturity, any obligation of the Federal Government included in the public debt. Prohibits the reissuance of any obligation which is paid, redeemed, or bought with amounts from the Trust Fund. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the sequestration of amounts designated to the Trust Fund. Specifies accounts exempt from such sequestration. Includes aggregated amounts designated to the Trust Fund and amounts sequestered to reduce the public debt in sequestration preview and final reports. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Free Flow of Information Act of 2007''. SEC. 2. COMPELLED DISCLOSURE FROM COVERED PERSONS. (a) Conditions for Compelled Disclosure.--In any proceeding or in connection with any issue arising under Federal law, a Federal entity may not compel a covered person to provide testimony or produce any document related to information possessed by such covered person as part of engaging in journalism, unless a court determines by a preponderance of the evidence, after providing notice and an opportunity to be heard to such covered person-- (1) that the party seeking to compel production of such testimony or document has exhausted all reasonable alternative sources (other than a covered person) of the testimony or document; (2) that-- (A) in a criminal investigation or prosecution, based on information obtained from a person other than the covered person-- (i) there are reasonable grounds to believe that a crime has occurred; and (ii) the testimony or document sought is essential to the investigation or prosecution or to the defense against the prosecution; or (B) in a matter other than a criminal investigation or prosecution, based on information obtained from a person other than the covered person, the testimony or document sought is essential to the successful completion of the matter; (3) in the case that the testimony or document sought could reveal the identity of a source of information or include any information that could reasonably be expected to lead to the discovery of the identity of such a source, that-- (A) disclosure of the identity of such a source is necessary to prevent imminent and actual harm to national security with the objective to prevent such harm; (B) disclosure of the identity of such a source is necessary to prevent imminent death or significant bodily harm with the objective to prevent such death or harm, respectively; or (C) disclosure of the identity of such a source is necessary to identify a person who has disclosed-- (i) a trade secret of significant value in violation of a State or Federal law; (ii) individually identifiable health information, as such term is defined in section 1171(6) of the Social Security Act (42 U.S.C. 1320d(6)), in violation of Federal law; or (iii) nonpublic personal information, as such term is defined in section 509(4) of the Gramm-Leach-Biley Act (15 U.S.C. 6809(4)), of any consumer in violation of Federal law; and (4) that nondisclosure of the information would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. (b) Limitations on Content of Information.--The content of any testimony or document that is compelled under subsection (a) shall, to the extent possible-- (1) be limited to the purpose of verifying published information or describing any surrounding circumstances relevant to the accuracy of such published information; and (2) be narrowly tailored in subject matter and period of time covered so as to avoid compelling production of peripheral, nonessential, or speculative information. SEC. 3. COMPELLED DISCLOSURE FROM COMMUNICATIONS SERVICE PROVIDERS. (a) Conditions for Compelled Disclosure.--With respect to testimony or any document consisting of any record, information, or other communication that relates to a business transaction between a communications service provider and a covered person, section 2 shall apply to such testimony or document if sought from the communications service provider in the same manner that such section applies to any testimony or document sought from a covered person. (b) Notice and Opportunity Provided to Covered Persons.--A court may compel the testimony or disclosure of a document under this section only after the party seeking such a document provides the covered person who is a party to the business transaction described in subsection (a)-- (1) notice of the subpoena or other compulsory request for such testimony or disclosure from the communications service provider not later than the time at which such subpoena or request is issued to the communications service provider; and (2) an opportunity to be heard before the court before the time at which the testimony or disclosure is compelled. (c) Exception to Notice Requirement.--Notice under subsection (b)(1) may be delayed only if the court involved determines by clear and convincing evidence that such notice would pose a substantial threat to the integrity of a criminal investigation. SEC. 4. DEFINITIONS. In this Act: (1) Communications service provider.--The term ``communications service provider''-- (A) means any person that transmits information of the customer's choosing by electronic means; and (B) includes a telecommunications carrier, an information service provider, an interactive computer service provider, and an information content provider (as such terms are defined in sections 3 and 230 of the Communications Act of 1934 (47 U.S.C. 153, 230)). (2) Covered person.--The term ``covered person'' means a person engaged in journalism and includes a supervisor, employer, parent, subsidiary, or affiliate of such covered person. (3) Document.--The term ``document'' means writings, recordings, and photographs, as those terms are defined by Federal Rule of Evidence 1001 (28 U.S.C. App.). (4) Federal entity.--The term ``Federal entity'' means an entity or employee of the judicial or executive branch or an administrative agency of the Federal Government with the power to issue a subpoena or issue other compulsory process. (5) Journalism.--The term ``journalism'' means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public. | Free Flow of Information Act of 2007 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency) from compelling a covered person (a person engaged in journalism, including their supervisor, employer, parent, subsidiary, or affiliate) to testify or produce any document unless a court makes specified determinations by a preponderance of the evidence. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation. |
SECTION 1. REVISION OF TAX TREATMENT OF DERIVATIVE TRANSACTIONS ENTERED INTO BY A CORPORATION WITH RESPECT TO ITS STOCK. (a) In General.--Section 1032 of the Internal Revenue Code of 1986 (relating to exchange of stock for property) is amended to read as follows: ``SEC. 1032. TRANSACTIONS BY A CORPORATION WITH RESPECT TO ITS STOCK. ``(a) Nonrecognition of Gain or Loss.--No gain or loss shall be recognized to a corporation on the receipt of property (including money) or services in exchange for stock of such corporation. ``(b) Treatment of Derivative Transactions.-- ``(1) Nonrecognition treatment.-- ``(A) In general.--Except as provided in paragraph (2), section 1032 derivative items of a corporation shall not be taken into account in determining such corporation's liability for tax under this subtitle. ``(B) Section 1032 derivative items.--For purposes of subparagraph (A), the term `section 1032 derivative item' means any item of income, gain, loss, or deduction if-- ``(i) such item arises out of the rights or obligations under any option or forward or futures contract to the extent such option or contract relates to the corporation's stock (or is attributable to any transfer or extinguishment of any such right or obligation), or ``(ii) such item arises under any other contract or position but only to the extent that such item reflects (or is determined by reference to) changes in the value of such stock or distributions thereon. Such term shall not include any deduction allowable under section 83 and shall not include any deduction for any item which is in the nature of compensation for services rendered. For purposes of this subparagraph, de minimis relationships shall be disregarded. ``(2) Income recognition on certain forward contracts.-- ``(A) In general.--If-- ``(i) a corporation acquires its stock, and ``(ii) such acquisition is part of a plan (or series of related transactions) pursuant to which the corporation enters into a forward contract with respect to its stock, such corporation shall include amounts in income as if the excess of the amount to be received under the forward contract over the fair market value of the stock as of the date the corporation entered into the forward contract were original issue discount on a debt instrument acquired on such date. The preceding sentence shall apply only to the extent that the amount of stock involved in the forward contract does not exceed the amount acquired as described in clause (i). ``(B) Plan presumed to exist.--If a corporation enters into a forward contract with respect to its stock within the 60-day period beginning on the date which is 30 days before the date that the corporation acquires its stock, such acquisition shall be treated as pursuant to a plan described in subparagraph (A)(ii) unless it is established that entering into such contract and such acquisition are not pursuant to a plan or series of related transactions. ``(C) Forward contract.--The term `forward contract' has the meaning given to such term by section 1259(d)(1); except that such term shall include any transactions or series of related transactions having the same effect as a forward contract (as so defined). ``(c) Treasury Stock Treated as Stock.--Any reference in this section to stock shall be treated as including a reference to treasury stock. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations which treat the portion of an instrument which is described in subsection (b) separately from the portion of such instrument which is not so described. ``(e) Basis.--For basis of property acquired by a corporation in certain exchanges for its stock, see section 362.'' (b) Clerical Amendment.--The item relating to section 1032 in the table of sections for part III of subchapter O of chapter 1 of such Code is amended to read as follows: ``Sec. 1032. Transactions by a corporation with respect to its stock.'' (c) Effective Date.--The amendments made by this section shall apply to transactions entered into after the date of the enactment of this Act. | Provides for nonrecognition of derivative gain, loss, or deduction items (as defined by this Act). Excepts certain forward contracts from such treatment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Eightmile Wild and Scenic River Act''. SEC. 2. WILD AND SCENIC RIVER DESIGNATION, EIGHTMILE RIVER, CONNECTICUT. (a) Findings.--Congress finds the following: (1) The Eightmile River Wild and Scenic River Study Act of 2001 (Public Law 107-65; 115 Stat. 484) authorized the study of the Eightmile River in the State of Connecticut from its headwaters downstream to its confluence with the Connecticut River for potential inclusion in the National Wild and Scenic Rivers System. (2) The segments of the Eightmile River covered by the study are in a free-flowing condition, and the outstanding resource values of the river segments include the cultural landscape, water quality, watershed hydrology, unique species and natural communities, geology, and watershed ecosystem. (3) The Eightmile River Wild and Scenic Study Committee has determined that-- (A) the outstanding resource values of these river segments depend on sustaining the integrity and quality of the Eightmile River watershed; (B) these resource values are manifest within the entire watershed; and (C) the watershed as a whole, including its protection, is itself intrinsically important to this designation. (4) The Eightmile River Wild and Scenic Study Committee took a watershed approach in studying and recommending management options for the river segments and the Eightmile River watershed as a whole. (5) During the study, the Eightmile River Wild and Scenic Study Committee, with assistance from the National Park Service, prepared a comprehensive management plan for the Eightmile River watershed, dated December 8, 2005 (in this section referred to as the ``Eightmile River Watershed Management Plan''), which establishes objectives, standards, and action programs that will ensure long-term protection of the outstanding values of the river and compatible management of the land and water resources of the Eightmile River and its watershed, without Federal management of affected lands not owned by the United States. (6) The Eightmile River Wild and Scenic Study Committee voted in favor of inclusion of the Eightmile River in the National Wild and Scenic Rivers System and included this recommendation as an integral part of the Eightmile River Watershed Management Plan. (7) The residents of the towns lying along the Eightmile River and comprising most of its watershed (Salem, East Haddam, and Lyme, Connecticut), as well as the Boards of Selectmen and Land Use Commissions of these towns, voted to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (8) The State of Connecticut General Assembly enacted Public Act 05-18 to endorse the Eightmile River Watershed Management Plan and to seek designation of the river as a component of the National Wild and Scenic Rivers System. (b) Designation.--Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(_) Eightmile River, Connecticut.--Segments of the main stem and specified tributaries of the Eightmile River in the State of Connecticut, totaling approximately 25.3 miles, to be administered by the Secretary of the Interior as follows: ``(A) The entire 10.8-mile segment of the main stem, starting at its confluence with Lake Hayward Brook to its confluence with the Connecticut River at the mouth of Hamburg Cove, as a scenic river. ``(B) The 8.0-mile segment of the East Branch of the Eightmile River starting at Witch Meadow Road to its confluence with the main stem of the Eightmile River, as a scenic river. ``(C) The 3.9-mile segment of Harris Brook starting with the confluence of an unnamed stream lying 0.74 miles due east of the intersection of Hartford Road (State Route 85) and Round Hill Road to its confluence with the East Branch of the Eightmile River, as a scenic river. ``(D) The 1.9-mile segment of Beaver Brook starting at its confluence with Cedar Pond Brook to its confluence with the main stem of the Eightmile River, as a scenic river. ``(E) The 0.7-mile segment of Falls Brook from its confluence with Tisdale Brook to its confluence with the main stem of the Eightmile River at Hamburg Cove, as a scenic river.''. (c) Management.--The segments of the main stem and certain tributaries of the Eightmile River in the State of Connecticut designated as components of the National Wild and Scenic Rivers System by the amendment made by subsection (b) (in this section referred to as the ``Eightmile River'') shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments to the plan as the Secretary of the Interior determines are consistent with this section. The Eightmile River Watershed Management Plan is deemed to satisfy the requirements for a comprehensive management plan required by section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (d) Committee.--The Secretary of the Interior shall coordinate the management responsibilities of the Secretary with regard to the Eightmile River with the Eightmile River Coordinating Committee, as specified in the Eightmile River Watershed Management Plan. (e) Cooperative Agreements.--In order to provide for the long-term protection, preservation, and enhancement of the Eightmile River, the Secretary of the Interior may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1)) with the State of Connecticut, the towns of Salem, Lyme, and East Haddam, Connecticut, and appropriate local planning and environmental organizations. All cooperative agreements authorized by this subsection shall be consistent with the Eightmile River Watershed Management Plan and may include provisions for financial or other assistance from the United States. (f) Relation to National Park System.--Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c), the Eightmile River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System. (g) Land Management.-- (1) Zoning ordinances.--For the purposes of the Eightmile River, the zoning ordinances adopted by the towns of Salem, East Haddam, and Lyme, Connecticut, in effect as of December 8, 2005, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, are deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)). (2) Acquisition of lands.--The provisions of section 6(c) of the Wild and Scenic Rivers Act that prohibit Federal acquisition of lands by condemnation shall apply to the Eightmile River. The authority of the Secretary of the Interior to acquire lands for the purpose of managing the Eightmile River as a component of the National Wild and Scenic Rivers System shall be-- (A) limited to acquisition by donation or acquisition with the consent of the owner of the lands; and (B) subject to the additional criteria set forth in the Eightmile River Watershed Management Plan. (h) Watershed Approach.-- (1) In general.--In furtherance of the watershed approach to resource preservation and enhancement articulated in the Eightmile River Watershed Management Plan, the tributaries of the Eightmile River watershed specified in paragraph (2) are recognized as integral to the protection and enhancement of the Eightmile River and its watershed. (2) Covered tributaries.--Paragraph (1) applies with respect to Beaver Brook, Big Brook, Burnhams Brook, Cedar Pond Brook, Cranberry Meadow Brook, Early Brook, Falls Brook, Fraser Brook, Harris Brook, Hedge Brook, Lake Hayward Brook, Malt House Brook, Muddy Brook, Ransom Brook, Rattlesnake Ledge Brook, Shingle Mill Brook, Strongs Brook, Tisdale Brook, Witch Meadow Brook, and all other perennial streams within the Eightmile River watershed. (i) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section and the amendment made by subsection (b). | Eightmile Wild and Scenic River Act - Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut. Declares that: (1) such segments shall be managed in accordance with the Eightmile River Watershed Management Plan; (2) the Eightmile River shall neither be administered as part of the National Park System, nor be subject to related regulations; (3) provisions of the Wild and Scenic Rivers Act that prohibit federal acquisition of lands by condemnation shall apply to the Eightmile River; and (4) specified tributaries of the Eightmile River watershed are recognized as integral to its protection and enhancement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Buy American Improvement Act of 2004''. SEC. 2. REQUIREMENTS FOR WAIVERS. (a) In General.--Section 2 of the Buy American Act (41 U.S.C. 10a) is amended-- (1) by striking ``Notwithstanding'' and inserting the following: ``(a) In General.--Notwithstanding''; and (2) by adding at the end the following: ``(b) Special Rules.--The following rules shall apply in carrying out the provisions of subsection (a): ``(1) Public interest waiver.--A determination that it is inconsistent with the public interest to enter into a contract in accordance with this Act may not be made after a notice of solicitation of offers for the contract is published in accordance with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416) and section 8(e) of the Small Business Act (15 U.S.C. 637(e)). ``(2) Domestic bidder.--A Federal agency entering into a contract shall give preference to a company submitting an offer on the contract that manufactures in the United States the article, material, or supply for which the offer is solicited, if-- ``(A) that company's offer is substantially the same as an offer made by a company that does not manufacture the article, material, or supply in the United States; or ``(B) that company is the only company that manufactures in the United States the article, material, or supply for which the offer is solicited. ``(3) Use outside the united states.-- ``(A) In general.--Subsection (a) shall apply without regard to whether the articles, materials, or supplies to be acquired are for use outside the United States if the articles, materials, or supplies are not needed on an urgent basis or if they are acquired on a regular basis. ``(B) Cost analysis.--In any case where the articles, materials, or supplies are to be acquired for use outside the United States and are not needed on an urgent basis, before entering into a contract an analysis shall be made of the difference in the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies in the United States (including the cost of shipping) and the cost for acquiring the articles, materials, or supplies from a company manufacturing the articles, materials, or supplies outside the United States (including the cost of shipping). ``(4) Domestic availability.--The head of a Federal agency may not make a determination under subsection (a) that an article, material, or supply is not mined, produced, or manufactured, as the case may be, in the United States in sufficient and reasonably available commercial quantities and of satisfactory quality, unless the head of the agency has conducted a study and, on the basis of such study, determined that-- ``(A) domestic production cannot be initiated to meet the procurement needs; and ``(B) a comparable article, material, or supply is not available from a company in the United States. ``(5) Certain congressional purchases.--Subsection (a) shall not apply with respect to a contract entered into by the office of a Member of the House of Representatives or the office of a Senator during a fiscal year if-- ``(A) the funds used to make payment under the contract are derived from the Members' Representational Allowance under section 101(a) of the House of Representatives Administrative Reform and Technical Corrections Act (2 U.S.C. 57b) or the Senators' Official Personnel and Office Expense Account established under subsection (a) of the first section of Public Law 100-137 (2 U.S.C. 58c), as the case may be; and ``(B) the aggregate amount expended by the office during the year for the article, material, or supply which is the subject of the contract does not exceed $100. ``(c) Reports.-- ``(1) In general.--Not later than 60 days after the end of each fiscal year, the head of each Federal agency shall submit to Congress a report on the amount of the acquisitions made by the agency from entities that manufacture the articles, materials, or supplies outside the United States in that fiscal year. ``(2) Content of report.--The report required by paragraph (1) shall separately indicate the following information: ``(A) The dollar value of any articles, materials, or supplies for which this Act was waived. ``(B) An itemized list of all waivers granted with respect to such articles, materials, or supplies under this Act. ``(C) A list of all articles, materials, and supplies acquired, their source, and the amount of the acquisitions. ``(3) Public availability.--The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available by posting on an Internet website.''. (b) Definitions.--Section 1 of the Buy American Act (41 U.S.C. 10c) is amended-- (1) by striking subsection (c) and inserting the following: ``(c) Federal Agency.--The term `Federal agency' means any executive agency (as defined in section 4(1) of the Federal Procurement Policy Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial branch of the Government.''; and (2) by adding at the end the following: ``(d) Substantially All.--Articles, materials, or supplies shall be treated as made substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, if the cost of the domestic components of such articles, materials, or supplies exceeds 75 percent.''. (c) Conforming Amendments.-- (1) Section 2 of the Buy American Act (41 U.S.C. 10a) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (2) Section 3 of such Act (41 U.S.C. 10b) is amended-- (A) by striking ``department or independent establishment'' in subsection (a), and inserting ``Federal agency''; and (B) by striking ``department, bureau, agency, or independent establishment'' in subsection (b) and inserting ``Federal agency''. (3) Section 633 of the National Military Establishment Appropriations Act, 1950 (41 U.S.C. 10d) is amended by striking ``department or independent establishment'' and inserting ``Federal agency''. (4) Section 69 of the Revised Statutes of the United States (2 U.S.C. 109) is repealed. SEC. 3. DETERMINATIONS OF UNREASONABLE COST AND INCONSISTENT WITH THE PUBLIC INTEREST. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Commerce shall prescribe final regulations establishing, for purposes of applying section 2(a) of the Buy American Act (41 U.S.C. 10a(a))-- (1) definitions for the terms ``unreasonable cost'' and ``inconsistent with the public interest''; (2) purposes for which a waiver may be granted under such section based on unreasonable cost or on inconsistency with the public interest; and (3) procedures for all Federal agencies covered by the Act to consistently apply the waivers described in paragraph (2). (b) Advisory Panel.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall appoint a panel to be known as the ``Buy American Advisory Panel'' consisting of members as follows: (1) The Administrator of General Services or the Administrator's designee, who shall serve as Chairman. (2) The Secretary of Defense or the Secretary's designee. (3) A representative of the manufacturing industry who is employed by a manufacturing business that produces the majority of its goods in the United States and is a Federal contractor at the time of appointment to the panel. (4) A representative of the services industry who is employed by a services business that provides the majority of its services to clients in the United States and is a Federal contractor at the time of appointment to the panel. (5) A representative of labor in the manufacturing industry. (6) A representative of labor in the services industry. (7) An academic economist. (c) Compensation and Expenses.--The Secretary of Commerce shall provide the support services, facilities, and funds necessary for the performance of the Advisory Panel's functions. No member may receive compensation for service as a member of the Advisory Panel, but a member of the Advisory Panel who is not a government employee may 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. (d) Report.--The Chairman of the Advisory Panel shall, not later than 180 days after the date of the enactment of this Act, submit to the Secretary of Commerce a report making recommendations for implementing the requirements of subsection (a). SEC. 4. DUAL-USE TECHNOLOGIES. The head of a Federal agency (as defined in section 1(c) of the Buy American Act (as amended by section 2)) may not enter into a contract, nor permit a subcontract under a contract of the Federal agency, with a foreign entity that involves giving the foreign entity plans, manuals, or other information that would facilitate the manufacture of a dual- use item on the Commerce Control List unless approval for providing such plans, manuals, or information has been obtained in accordance with the provisions of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) and the Export Administration Regulations (15 C.F.R. part 730 et seq.). | Buy American Improvement Act of 2004 - Amends the Buy American Act to: (1) prohibit Federal agencies from making a determination that it would not be in the public interest to enter into a contract subject to Buy American requirements after a procurement notice for such contract is published; and (2) provide that Buy American requirements shall apply without regard to whether products are acquired for use outside the United States if they are not needed on an urgent basis or if they are acquired on a regular basis (but requires an analysis of the difference in costs of such products from manufacturers inside and outside the United States before a contract is entered). Requires Federal agencies to: (1) give preference in the procurement process to a company that manufactures the solicited product in the United States if such company's bid is substantially the same as a bid made by a non-U.S. manufacturer or such company is the only company that manufactures the product in the United States; and (2) report annually on agency acquisitions from entities that manufacture products outside the United States. Prohibits an agency head from making any determination that articles to be procured are not available from domestic sources without conducting a study that determine that domestic production cannot be initiated to meet procurement needs and that a comparable product is not available from a company in the United States. Exempts Members of the House of Representatives and the Senate from Buy American requirements for certain official expenditures not exceeding $100. Repeals the requirement that the House of Representatives and the Senate purchase U.S.-manufactured articles, provided such articles can be procured at comparable quality and price as are demanded for like articles of foreign manufacture. Defines a product as made "substantially all" from domestic components when the cost of such components exceeds 75 percent. Requires the Secretary of Commerce to appoint a Buy American Advisory Panel and to promulgate final regulations for defining "unreasonable cost" and "inconsistent with the public interest" and for applying waivers under the Buy American Act consistently. Prohibits an agency from entering a contract with a foreign entity that involves giving such entity information that would facilitate the manufacture of a dual-use item on the Commerce Control List unless approval has been obtained in accordance with the Export Administration Act of 1979. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Classroom Innovation Act''. SEC. 2. REFERENCES. Except as otherwise expressly provided, whenever in this Act an amendment is expressed in terms of an amendment to a section or other provision, the reference shall be considered to be made to a section or other provision of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.). SEC. 3. ENCOURAGING STATE AND LOCAL BLENDED LEARNING PROJECTS. (a) State Applications.--Section 2112(b) (20 U.S.C. 6612(b)) is amended by inserting at the end the following: ``(13) In the case of a State that will carry out a program to award grants under section 2113(c)(3), a description of the program, which shall include-- ``(A) the criteria the State will use to award grants under such section to eligible entities to carry out blended learning projects; ``(B) the State policies and procedures to be waived by the State, consistent with Federal law, for such eligible entities to carry out such projects, which may include waivers with respect to-- ``(i) restrictions on class sizes; ``(ii) restrictions on licensing or credentialing of personnel supervising student work in such projects; ``(iii) restrictions on the use of State funding for instructional materials for the purchase of digital instructional resources; ``(iv) restrictions on advancing students based on demonstrated mastery of learning outcomes, rather than seat-time requirements; and ``(v) restrictions on secondary school students in the State enrolling in online coursework; ``(C) how the State will inform eligible entities of the availability of the waivers described in subparagraph (B); and ``(D) how the State will provide the non-Federal match required under subparagraph (D) of section 2113(c)(3).''. (b) State Use of Funds.--Section 2113 (20 U.S.C. 6613) is amended-- (1) in subsection (a)(2), by striking ``2.5'' and inserting ``1.5''; and (2) in subsection (c)-- (A) by striking the matter preceding paragraph (1) and inserting the following: ``(1) In general.--The State educational agency for a State that receives a grant under section 2111 shall use the funds described in subsection (a)(3) to carry out one or more of the activities described in paragraph (2) or (3). ``(2) Activities.--The State educational agency may use the funds described in subsection (a)(3) to carry out one or more of the following, which may be carried out through a grant or contract with a for-profit or nonprofit entity:''; (B) by redesignating paragraphs (1) through (18) as subparagraphs (A) through (R), respectively; (C) in subparagraph (A), as so redesignated-- (i) by redesignating subparagraph (A)(i) and clause (ii) as clause (i)(I) and subclause (II), respectively; and (ii) by redesignating subparagraphs (B) and (C) as clauses (ii) and (iii), respectively; (D) in subparagraph (B), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (E) in subparagraph (D), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (F) in subparagraph (R), as so redesignated, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (G) by adding at the end the following: ``(3) Blended learning projects.-- ``(A) In general.--The State educational agency may use the funds described in subsection (a)(3) to carry out a program to award grants on a competitive basis to eligible entities in the State to carry out blended learning projects described in this paragraph. ``(B) Application.--An eligible entity desiring to receive a grant under this paragraph shall submit an application to the State educational agency at such time and in such manner as the agency may require, and which describes-- ``(i) the blended learning project to be carried out by the eligible entity, including the design of the instructional model to be carried out by the eligible entity and how such eligible entity will use funds provided under this paragraph to carry out the project; ``(ii) in the case of an eligible entity described in subclause (I) or (III) of subparagraph (E)(ii), the schools that will participate in the project; ``(iii) how the eligible entity will ensure sufficient information technology is available to carry out the project; ``(iv) how the eligible entity will ensure sufficient digital instructional resources are available to students participating in the project; ``(v) the ongoing professional development to be provided for teachers, school leaders, and other personnel carrying out the project; ``(vi) the State policies and procedures for which the eligible entity requests waivers from the State to carry out the project, which may include requests for the waivers described in section 2112(b)(13)(B); ``(vii) as appropriate, how the eligible entity will use the blended learning project to improve instruction and access to the curriculum for diverse groups of students, including students with disabilities and students who are limited English proficient; ``(viii) how the eligible entity will evaluate the project and publicly report the results of such evaluation; and ``(ix) how the eligible entity will sustain the project beyond the grant period. ``(C) Uses of funds.--An eligible entity receiving a grant under this paragraph shall use such grant to carry out a blended learning project, which shall include at least one of the following activities: ``(i) Planning activities, which may include development of new instructional models (including blended learning technology software and platforms), the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases, except that such expenditures may not include expenditures related to significant construction or renovation of facilities. ``(ii) Ongoing professional development for teachers, school leaders, or other personnel involved in the project. ``(D) Non-federal match.--A State educational agency that carries out a grant program under this paragraph shall provide non-Federal matching funds equal to not less than 10 percent of the grant funds awarded by the State educational agency to eligible entities under this paragraph. ``(E) Definitions.--For purposes of this paragraph: ``(i) Blended learning project.--The term `blended learning project' means a formal education program-- ``(I) that includes an element of online learning, and instructional time in a supervised location away from home; ``(II) that includes an element of student control over time, place, path, or pace; and ``(III) the modalities along each student's learning path within a course or subject are connected to provide an integrated learning experience. ``(ii) Charter school.--The term `charter school' has the meaning given the term in section 5210. ``(iii) Eligible entity.--The term `eligible entity' means a-- ``(I) local educational agency; ``(II) charter school; or ``(III) consortium of the entities described in subclause (I) or (II), which may be in partnership with a for- profit or nonprofit entity.''. | 21st Century Classroom Innovation Act - Amends part A (Teacher and Principal Training and Recruiting Fund) of title II of the Elementary and Secondary Education Act of 1965 to allow states to use that portion of their part A grant funds reserved for state activities to award competitive grants to local educational agencies (LEAs), charter schools, or consortia of such entities to carry out blended learning projects. Defines a "blended learning project" as a formal education program that: (1) includes an element of online learning and instructional time in a supervised location away from home; (2) includes an element of student control over time, place, path, or pace; and (3) connects the modalities along each student's learning path within a course or subject to provide an integrated learning experience. Requires the competitive grant funds to be used for: (1) planning activities, the purchase of digital instructional resources, initial professional development activities, and one-time information technology purchases; or (2) ongoing professional development for teachers, school leaders, or other personnel involved in the project. Requires each state making such a grant to contribute non-federal funds equal to at least 10% of the grant. Reduces, from 2.5% to 1.5%, that portion of part A grant funds that states must reserve for subgrants to local partnerships between institutions of higher education and high-need LEAs. (This increases the amount reserved for state activities.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``South Utah Valley Electric Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) District.--The term ``District'' means the South Utah Valley Electric Service District, organized under the laws of the State of Utah. (2) Electric distribution system.--The term ``Electric Distribution System'' means fixtures, irrigation, or power facilities lands, distribution fixture lands, and shared power poles. (3) Fixtures.--The term ``fixtures'' means all power poles, cross-members, wires, insulators and associated fixtures, including substations, that-- (A) comprise those portions of the Strawberry Valley Project power distribution system that are rated at a voltage of 12.5 kilovolts and were constructed with Strawberry Valley Project revenues; and (B) any such fixtures that are located on Federal lands and interests in lands. (4) Irrigation or power facilities lands.--The term ``irrigation or power facilities lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are encumbered by other Strawberry Valley Project irrigation or power features, including lands underlying the Strawberry Substation. (5) Distribution fixture lands.--The term ``distribution fixture lands'' means all Federal lands and interests in lands where the fixtures are located on the date of the enactment of this Act and which are unencumbered by other Strawberry Valley Project features, to a maximum corridor width of 30 feet on each side of the centerline of the fixtures' power lines as those lines exist on the date of the enactment of this Act. (6) Shared power poles.--The term ``shared power poles'' means poles that comprise those portions of the Strawberry Valley Project Power Transmission System, that are rated at a voltage of 46.0-kilovolts, are owned by the United States, and support fixtures. (7) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. CONVEYANCE OF ELECTRIC DISTRIBUTION SYSTEM. (a) In General.--Inasmuch as the Strawberry Water Users Association conveyed its interest, if any, in the Electric Distribution System to the District by a contract dated April 7, 1986, and in consideration of the District assuming from the United States all liability for administration, operation, maintenance, and replacement of the Electric Distribution System, the Secretary shall, pursuant to the provisions of this Act convey and assign to the District without charge or further consideration-- (1) all of the United States right, title, and interest in and to-- (A) all fixtures owned by the United States as part of the Electric Distribution System; and (B) the distribution fixture land; (2) license for use in perpetuity of the shared power poles to continue to own, operate, maintain, and replace Electric Distribution Fixtures attached to the shared power poles; and (3) licenses for use and for access in perpetuity for purposes of operation, maintenance, and replacement across, over, and along-- (A) all project lands and interests in irrigation and power facilities lands where the Electric Distribution System is located on the date of the enactment of this Act that are necessary for other Strawberry Valley Project facilities (the ownership of such underlying lands or interests in lands shall remain with the United States), including lands underlying the Strawberry Substation; and (B) such corridors where Federal lands and interests in lands-- (i) are abutting public streets and roads; and (ii) can provide access that will facilitate operation, maintenance, and replacement of facilities. (b) Compliance With Environmental Laws.-- (1) In general.--Before conveying lands, interest in lands, and fixtures under subsection (a), the Secretary shall comply with all applicable requirements under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (C) any other law applicable to the land and facilities. (2) Effect.--Nothing in this Act modifies or alters any obligations under-- (A) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or (B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. EFFECT OF CONVEYANCE. On conveyance of any land or facility under section 3(a)(1)-- (1) the conveyed and assigned land and facilities shall no longer be part of a Federal reclamation project; (2) the District shall not be entitled to receive any future Bureau or Reclamation benefits with respect to the conveyed and assigned land and facilities, except for benefits that would be available to other non-Bureau of Reclamation facilities; and (3) the United States shall not be liable for damages arising out of any act, omission, or occurrence relating to the land and facilities, but shall continue to be liable for damages caused by acts of negligence committed by the United States or by any employee or agent of the United States before the date of conveyance, consistent with chapter 171 of title 28, United States Code. SEC. 5. REPORT. If a conveyance required under section 3 is not completed by the date that is 24 months after the date of enactment of this Act, the Secretary shall submit to Congress a report that-- (1) describes the status of the conveyance; (2) describes any obstacles to completing the conveyance; and (3) specifies an anticipated date for completion of the conveyance. | South Utah Valley Electric Conveyance Act - Requires the Secretary of the Interior, insofar as the Strawberry Water Users Association conveyed its interest in an electric distribution system to the South Utah Valley Electric Service District, to convey and assign to the District: (1) all interest of the United States in all fixtures owned by the United States as part of the electric distribution system and the federal lands and interests where the fixtures are located; (2) license for use in perpetuity of the shared power poles; and (3) licenses for use and access in perpetuity to specified project lands and interests and corridors where federal lands and interests are abutting public streets and roads and can provide access to facilities. Requires the District to assume all liability from the United States for the administration, operation, maintenance, and replacement of such electric distribution system. |
Subsets and Splits