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SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the University of Alaska is the successor to and the beneficiary of all Federal grants and conveyances to or for the Alaska Agricultural College and School of Mines; (2) under the Acts of March 4, 1915, 38 Stat. 1214, and January 21, 1929, 45 Stat. 1091, the United States granted to the Territory of Alaska certain Federal lands for the University of Alaska; (3) the Territory did not receive most of the land intended to be conveyed by the Act of March 4, 1915, before repeal of that Act by section 6(k) of the Alaska Statehood Act (Public Law 85-508, 72 Stat. 339); (4) only one other State land grant college in the United States has obtained a smaller land grant from the Federal Government than has the University of Alaska, and all land grant colleges in the western States of the United States have obtained substantially larger land grants than has the University of Alaska; (5) an academically strong and financially secure state university system is a cornerstone to the long-term development of a stable population and to a healthy, diverse economy and is in the national interest; (6) the Federal Government now desires to acquire certain lands for addendum to various conservation units; (7) the national interest is served by transferring certain Federal lands to the University of Alaska which will be able to use and develop the resources of such lands and by returning certain lands held by the University of Alaska located within certain Federal conservation system units to Federal ownership; and (8) the University of Alaska holds valid legal title to and is responsible for management of lands transferred by the United States to the Territory and State of Alaska for the University and an exchange of lands for lands that are capable of producing revenues to support the education objectives of the original grants is consistent with and in furtherance of the purposes and terms of, and thus not in violation of, the Federal grant of such lands. (b) Purposes.--The purposes of this Act are-- (1) to fulfill the original commitment of Congress to establish the University of Alaska as a land grant university with holdings sufficient to facilitate operation and maintenance of a university system for the inhabitants of the State of Alaska; and (2) to acquire from the University of Alaska lands it holds within Federal parks, wildlife refuges, and wilderness areas to further the purposes for which those areas were established. SEC. 2. LAND GRANT. (a) Notwithstanding any other provision of law and subject to valid existing rights, the University of Alaska (``University'') is entitled to select up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska as a land grant. The Secretary of the Interior (``Secretary'') shall promptly convey to the University the Federal lands selected and approved in accordance with the provisions of this Act. (b)(1) Within forty-eight (48) months of the enactment of this Act, the University of Alaska may submit to the Secretary a description of lands or interests in lands for conveyance. The initial selection may be less than or exceed 250,000 acres and the University may add or delete lands or interests in lands, or until 250,000 patented acres have been conveyed pursuant to this Act, except that the total of land selected and conveyed shall not exceed 275,000 areas at any time. (2) The University may select lands validly selected but not conveyed to the State of Alaska or to a Native Corporation organized pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688), except that these lands or interests in lands may not be approved or convey to the University unless the State of Alaska or the Native Corporation relinquishes its selection in writing. (3) The University may not make selections within a conversation system unit, as defined in the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101), or in the Tongass National Forest except within lands classified as LUD III or LUD IV by the United States Forest Service and limited to areas of second growth timber where timber harvest occurred after January 1, 1952. (4) The University may make selections within the National Petroleum Reserve--Alaska (``NPRA''), except that-- (A) no selection may be made within an area withdrawn for village selection pursuant to section 11(a) of the Alaska Native Claims Settlement Act for the Native villages of Atkasook, Barrow, Nuiqsit and Wainwright; (B) no selection may be made in the Teshekpuk Lake Special Management Area as depicted on a map that is included in the final environmental impact statement for the Northeast NPRA dated October 7, 1998; and (C) No selections may be made within those portions of NPRA north of latitude 69 degrees North in excess of 92,000 acres and no selection may be made within such area during the two year period extending from the date of enactment of this Act. The Secretary shall attempt to conclude an agreement with the University of Alaska and the State of Alaska providing for sharing NPRA leasing revenues within the two year period. If the Secretary concludes such an agreement, the Secretary shall transmit it to the Congress, and no selection may be made within such area during the three year period extending from the date of enactment of this Act. If legislation has not been enacted within three years of the date of enactment of this Act approving the agreement, the University of Alaska may make selections within such area. An agreement shall provide for the University of Alaska to receive a portion of annual revenues from mineral leases within NPRA in lieu of any lands selections within NPRA north of latitude 69 degrees North, but not to exceed ten percent of such revenues or $9 million annually, whichever is less. (5) Within forty-five (45) days of receipt of a selection, the Secretary shall publish notice of the selection in the Federal Register. The notice shall identify the lands or interest in lands included in the selection and provide for a period for public comment not to exceed sixty (60) days. (6) Within six months of the receipt of such a selection, the Secretary shall accept or reject the selection and shall promptly notify the University of his decision, including the reasons for any rejection. A selection that is not rejected within six months of notification to the Secretary is deemed approved. (7) The Secretary may reject a selection if the Secretary finds that the selection would have a significant adverse impact on the ability of the Secretary to comply with the land entitlement provisions of the Alaska Statehood Act or the Alaska Native Claims Settlement Act (43 U.S.C. 1601) or if the Secretary finds that the selection would have a direct, significant and irreversible adverse effect on a conservation system unit as defined in the Alaska National Interest Conservation Act. (8) The Secretary shall promptly publish notice of an acceptance or rejection of a selection in the Federal Register. (9) An action taken pursuant to this Act is not a major Federal action within the meaning of section 102(2)(C) of Public Law 91-190 (83 Stat. 852, 853). (c) The University may not select Federal lands or interests in lands reserved for military purposes or reserved for the administration of a Federal agency, unless the Secretary of Defense or the head of the affected agency agrees to relinquish the lands or interest in lands. (d) The University may select additional lands or interest in lands to replace lands rejected by the Secretary. (e) Lands or interests in lands shall be segregated and unavailable for selection by and conveyance to the State of Alaska or a Native Corporation and shall not be otherwise encumbered or disposed of by the United States pending completion of the selection process. (f) The University may enter selected lands on a non-exclusive basis to assess the oil, gas, mineral and other resource potential therein and to exercise due diligence regarding making a final selection. The University, and its delegates or agents, shall be permitted to engage in assessment techniques including, but not limited to, core drilling to assess the metalliferous or other values, and surface geological exploration and seismic exploration for oil and gas, except that exploratory drilling of oil and gas wells shall not be permitted. (g) Within one year of the Secretary's approval of a selection, the University may make a final decision whether to accept these lands or interests in lands and shall notify the Secretary of its decision. The Secretary shall publish notice of any such acceptance or rejection in the Federal Register within six months. If the University has decided to accept the selection, effective on the date that the notice of such acceptance is published, all right, title, and interest of the United States in the described selection shall vest in the University. (h) Lakes, rivers and streams contained within final selections shall be meandered and lands submerged thereunder shall be conveyed in accordance with section 901 of the Alaska National Interest Lands Conservation Act (94 Stat. 2371, 2430; 43 U.S.C. 1631). (i) Upon completion of a survey of lands or interest in lands subject to an interim approval, the Secretary shall promptly issue patent to such lands or interests in lands. (j) The Secretary of Agriculture and the heads of other Federal departments and agencies shall promptly take such actions as may be necessary to assist the Secretary in implementing this Act. SEC. 3. RELINQUISHMENT OF CERTAIN UNIVERSITY OF ALASKA HOLDINGS. (a) As a condition to any grant provided by section 2 of this Act, the University shall begin to convey to the Secretary those lands listed in ``The University of Alaska's Inholding Reconveyance Document'' and dated November 13, 2001. (b) The University shall begin conveyance of the lands described in section 3(a) of this Act upon approval of selected lands and shall convey to the Secretary a percentage of these lands approximately equal to that percentage of the total grant represented by the approval. The University shall not be required to convey to the Secretary any lands other than those referred to in section 3(a) of this Act. The Secretary shall accept quitclaim deeds from the University for these lands. SEC. 4. JUDICIAL REVIEW. The University of Alaska may bring an appropriate action, including an action in the nature of mandamus, against the Department of the Interior, naming the Secretary, for violation of this Act or for review of a final agency decision taken under this Act. An action pursuant to this section may be filed in the United States District Court for the District of Alaska within two (2) years of the alleged violation or final agency decision and such court shall have exclusive jurisdiction over any such suit. SEC. 5. STATE MATCHING GRANT. (a) Notwithstanding any other provision of law and subject to valid existing rights, within forty-eight (48) months of receiving evidence of ownership from the State, the University may, in addition to the grant made available in section 2 of this Act, select up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska to be conveyed on an acre-for-acre basis as a matching grant for any lands received from the State of Alaska after the date of enactment of this Act. (b) Selections of lands or interests in lands pursuant to this section shall be in parcels of 25,000 acres or greater. (c) Grants made pursuant to this section shall be separately subject to the terms and conditions applicable to grants made under section 2 of this Act. Passed the Senate November 20 (legislative day November 19), 2002. Attest: JERI THOMSON, Secretary. | Entitles the University of Alaska to take up to 250,000 acres of Federal lands or interests in lands in or adjacent to Alaska as a Federal grant in exchange for specified University holdings.Provides for selection of lands by the University and the approval and conveyance of lands by the Secretary of the Interior.Entitles the University to take up to an additional 250,000 acres in Federal lands or interests in lands in or adjacent to Alaska, to be conveyed on an acre-for-acre basis as a matching grant for any lands granted to the University by the State of Alaska after enactment of this Act. Permits the University to select, and requires the Secretary to convey, land pursuant to this State matching grant provision in parcels of 25,000 acres or greater. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Extension Act of 2011''. TITLE I--EXTENSION OF TRADE ADJUSTMENT ASSISTANCE SEC. 101. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE. (a) In General.--Section 1893 of the Trade and Globalization Adjustment Assistance Act of 2009 (Public Law 111-5; 123 Stat. 422) is repealed. (b) Conforming Amendments.-- (1) Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) (as in effect on February 12, 2011) is amended by striking ``shall not exceed--'' and all that follows and inserting ``shall not exceed $575,000,000 for each of the fiscal years 2011 through 2016, and $143,750,000 for the 3- month period beginning on October 1, 2016, and ending on December 31, 2016.''. (2) Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) (as in effect on February 12, 2011) is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (3) Section 246(b)(1) of the Trade Act of 1974 (19 U.S.C. 2318(b)(1)) (as in effect on February 12, 2011) is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (4) Section 255(a) of the Trade Act of 1974 (19 U.S.C. 2345(a)) (as in effect on February 12, 2011) is amended by striking ``for fiscal year 2010'' and all that follows and inserting ``for each of the fiscal years 2011 through 2016, and $12,500,000 for the 3-month period beginning on October 1, 2016, and ending on December 31, 2016. Amounts appropriated pursuant to this subsection shall remain available until expended.''. (5) Section 275(f) of the Trade Act of 1974 (19 U.S.C. 2371d(f)) (as in effect on February 12, 2011) is amended by striking ``December 15 in each of the calendar years 2009 through'' and inserting ``December 15, 2009,''. (6) Section 276(c)(2) of the Trade Act of 1974 (19 U.S.C. 2371e(c)(2)) (as in effect on February 12, 2011) is amended by striking ``not more than--'' and all that follows and inserting ``not more than $25,000,000 for each of the fiscal years 2011 through 2016, and $6,250,000 for the 3-month period beginning on October 1, 2016, and ending on December 31, 2016.''. (7) Section 277(c) of the Trade Act of 1974 (19 U.S.C. 2371f(c)) (as in effect on February 12, 2011) is amended-- (A) in paragraph (1), by striking ``this subchapter--'' and all that follows and inserting ``this subchapter $150,000,000 for each of the fiscal years 2011 through 2016, and $37,500,000 for the 3- month period beginning on October 1, 2016, and ending on December 31, 2016.''; and (B) by striking paragraph (2) and inserting the following: ``(2) Availability.--Amounts appropriated pursuant to this subchapter shall remain available until expended.''. (8) Section 278(e) of the Trade Act of 1974 (19 U.S.C. 2372(e)) (as in effect on February 12, 2011) is amended by striking ``December 15 in each of the calendar years 2009 through'' and inserting ``December 15, 2009,''. (9) Section 279A(h)(2) of the Trade Act of 1974 (19 U.S.C. 2373(h)(2)) (as in effect on February 12, 2011) is amended by striking ``December 15 in each of the calendar years 2009 through'' and inserting ``December 15, 2009,''. (10) Section 279B(a)(1) of the Trade Act of 1974 (19 U.S.C. 2373a(a)(1)) (as in effect on February 12, 2011) is amended by striking ``section 279A--'' and all that follows and inserting ``section 279A $40,000,000 for each of the fiscal years 2011 through 2016, and $10,000,000 for the 3-month period beginning on October 1, 2016, and ending on December 31, 2016.''. (11) Section 285 of the Trade Act of 1974 (19 U.S.C. 2271 note) (as in effect on February 12, 2011) is amended to read as follows: ``SEC. 285. TERMINATION. ``(a) Assistance for Workers.-- ``(1) In general.--Except as provided in paragraph (2), trade adjustment assistance, vouchers, allowances, and other payments or benefits may not be provided under chapter 2 after December 31, 2016. ``(2) Exception.--Notwithstanding paragraph (1), a worker shall continue to receive trade adjustment assistance benefits and other benefits under chapter 2 for any week for which the worker meets the eligibility requirements of that chapter if the worker is-- ``(A) certified as eligible for trade adjustment assistance benefits under chapter 2 pursuant to a petition filed under section 221 on or before December 31, 2016; and ``(B) otherwise eligible to receive trade adjustment assistance benefits under chapter 2. ``(b) Other Assistance.-- ``(1) Assistance for firms.-- ``(A) In general.--Except as provided in subparagraph (B), technical assistance and grants may not be provided under chapter 3 after December 31, 2016. ``(B) Exception.--Notwithstanding subparagraph (A), any technical assistance or grant approved under chapter 3 pursuant to a petition filed under section 251 on or before December 31, 2016, may be provided-- ``(i) to the extent funds are available pursuant to such chapter for such purpose; and ``(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be. ``(2) Farmers.-- ``(A) In general.--Except as provided in subparagraph (B), technical assistance and financial assistance may not be provided under chapter 6 after December 31, 2016. ``(B) Exception.--Notwithstanding subparagraph (A), any technical or financial assistance approved under chapter 6 pursuant to a petition filed under section 292 on or before December 31, 2016, may be provided-- ``(i) to the extent funds are available pursuant to such chapter for such purpose; and ``(ii) to the extent the recipient of the technical or financial assistance is otherwise eligible to receive such technical or financial assistance, as the case may be. ``(3) Assistance for communities.-- ``(A) In general.--Except as provided in subparagraph (B), technical assistance and grants may not be provided under chapter 4 after December 31, 2016. ``(B) Exception.--Notwithstanding subparagraph (A), any technical assistance or grant approved under chapter 4 pursuant to a petition filed under section 273, or a grant proposal submitted under section 278 or 279A, on or before December 31, 2016, may be provided-- ``(i) to the extent funds are available pursuant to such chapter for such purpose; and ``(ii) to the extent the recipient of the technical assistance or grant is otherwise eligible to receive such technical assistance or grant, as the case may be.''. (12) Section 298(a) of the Trade Act of 1974 (19 U.S.C. 2401g(a)) (as in effect on February 12, 2011) is amended by striking ``$10,400,000 for the 6-week period beginning January 1, 2011, and ending February 12, 2011,'' and inserting ``$90,000,000 for each of the fiscal years 2011 through 2016, and $22,500,000 for the 3-month period beginning on October 1, 2016, and ending on December 31, 2016''. SEC. 102. EFFECTIVE DATE. The amendments made by section 101-- (1) shall take effect on the date of the enactment of this Act; and (2) shall apply to-- (A) petitions for certification filed under chapter 2, 3, or 6 of title II of the Trade Act of 1974 on or after such date of enactment; and (B) petitions for assistance and proposals for grants filed under chapter 4 of title II of the Trade Act of 1974 on or after such date of enactment. TITLE II--HEALTH COVERAGE IMPROVEMENT SEC. 201. IMPROVEMENT OF THE AFFORDABILITY OF THE CREDIT. (a) In General.--Section 35(a) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) Conforming Amendment.--Section 7527(b) of such Code is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (c) Effective Date.--The amendments made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 202. PAYMENT FOR THE MONTHLY PREMIUMS PAID PRIOR TO COMMENCEMENT OF THE ADVANCE PAYMENTS OF CREDIT. (a) In General.--Section 7527(e) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 203. TAA RECIPIENTS NOT ENROLLED IN TRAINING PROGRAMS ELIGIBLE FOR CREDIT. (a) In General.--Section 35(c)(2)(B) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 204. TAA PRE-CERTIFICATION PERIOD RULE FOR PURPOSES OF DETERMINING WHETHER THERE IS A 63-DAY LAPSE IN CREDITABLE COVERAGE. (a) IRC Amendment.--Section 9801(c)(2)(D) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) ERISA Amendment.--Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1181(c)(2)(C)) is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (c) PHSA Amendment.--Section 2701(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning before January 1, 2014 (42 U.S.C. 300gg note)) is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (d) Effective Date.--The amendments made by this section shall apply to plan years beginning after February 12, 2011. SEC. 205. CONTINUED QUALIFICATION OF FAMILY MEMBERS AFTER CERTAIN EVENTS. (a) In General.--Section 35(g)(9) of the Internal Revenue Code of 1986, as added by section 1899E(a) of the American Recovery and Reinvestment Tax Act of 2009 (relating to continued qualification of family members after certain events), is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) Conforming Amendment.--Section 173(f)(8) of the Workforce Investment Act of 1998 (29 U.S.C. 2918(f)(8)) is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (c) Effective Date.--The amendments made by this section shall apply to months beginning after February 12, 2011. SEC. 206. EXTENSION OF COBRA BENEFITS FOR CERTAIN TAA-ELIGIBLE INDIVIDUALS AND PBGC RECIPIENTS. (a) ERISA Amendments.-- (1) PBGC recipients.--Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (2) TAA-eligible individuals.--Section 602(2)(A)(vi) of such Act (29 U.S.C. 1162(2)(A)(vi)) is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (b) IRC Amendments.-- (1) PBGC recipients.--Section 4980B(f)(2)(B)(i)(V) of the Internal Revenue Code of 1986 is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (2) TAA-eligible individuals.--Section 4980B(f)(2)(B)(i)(VI) of such Code is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (c) PHSA Amendments.--Section 2202(2)(A)(iv) of the Public Health Service Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended by striking ``February 12, 2011'' and inserting ``December 31, 2016''. (d) Effective Date.--The amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after February 13, 2011. SEC. 207. ADDITION OF COVERAGE THROUGH VOLUNTARY EMPLOYEES' BENEFICIARY ASSOCIATIONS. (a) In General.--Section 35(e)(1)(K) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2012'' and inserting ``January 1, 2017''. (b) Effective Date.--The amendment made by this section shall apply to coverage months beginning after February 12, 2011. SEC. 208. NOTICE REQUIREMENTS. (a) In General.--Section 7527(d)(2) of the Internal Revenue Code of 1986 is amended by striking ``February 13, 2011'' and inserting ``January 1, 2017''. (b) Effective Date.--The amendment made by this section shall apply to certificates issued after February 12, 2011. TITLE III--OFFSETS SEC. 301. REQUIRED MINIMUM 10-YEAR TERM, ETC., FOR GRANTOR RETAINED ANNUITY TRUSTS. (a) In General.--Subsection (b) of section 2702 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (1), (2) and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking ``For purposes of'' and inserting the following: ``(1) In general.--For purposes of''; (3) by striking ``paragraph (1) or (2)'' in paragraph (1)(C) (as so redesignated) and inserting ``subparagraph (A) or (B)''; and (4) by adding at the end the following new paragraph: ``(2) Additional requirements with respect to grantor retained annuities.--For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if-- ``(A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, ``(B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and ``(C) the remainder interest has a value greater than zero determined as of the time of the transfer.''. (b) Effective Date.--The amendments made by this section shall apply to transfers made after December 31, 2010. TITLE IV--BUDGETARY EFFECTS SEC. 401. COMPLIANCE WITH PAYGO. 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | Trade Adjustment Assistance Extension Act of 2011 - Amends the Trade and Globalization Adjustment Assistance Act of 2009 to repeal the December 31, 2011, termination date for trade adjustment assistance (TAA) programs. Amends the Trade Act of 1974 to extend TAA programs through December 31, 2016. Extends TAA through December 31, 2016, for: (1) workers, (2) firms, (3) farmers, and (4) communities. Amends the Internal Revenue Code to extend through December 31, 2016, the 80% tax credit for health insurance costs (including advance payments) for TAA (as well as Pension Benefit Guaranty Corporation [PBGC] pension) recipients. Makes TAA recipients who are in a break in training under a training program, or who are receiving unemployment compensation, eligible for such tax credit for the period through December 31, 2016. Amends the IRC, the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHSA) to extend through December 31, 2016, the TAA pre-certification period rule disregarding any 63-day lapse in creditable health care coverage for TAA workers. Extends the continued eligibility for the credit for qualifying family members and certain qualified TAA-eligible individuals and PBGC pension recipients for COBRA premium assistance through December 31, 2016. Extends through December 31, 2016, coverage under an employee benefit plan funded by a voluntary employees' beneficiary association established pursuant to an order of a bankruptcy court, or by agreement with an authorized representative. Expands rules for valuing assets in grantor retained annuity trusts to require: (1) that the right to receive fixed amounts from an annuity last for a term of not less than 10 years and that such fixed amounts not decrease during the first 10 years of the annuity term, and (2) that the remainder interest have a value greater than zero when transferred. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Pullman National Historical Park Act''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1970, the Secretary of the Interior designated the Pullman Historic District as a National Historic Landmark District in 1970 because of-- (A) the significance of the District to the labor history, social history, architecture, and urban planning of the United States; and (B) the pivotal role of events in the District in creating the first national Labor Day holiday in the world; (2) between 1880 and 1884 George M. Pullman, owner of the Pullman Palace Car Company, built the Pullman community, which was envisioned by Pullman as an industrial town that would provide employees with-- (A) a model community; and (B) suitable living conditions; (3) the town developed by George M. Pullman, which consisted of over 1,000 buildings and homes, was awarded ``The World's Most Perfect Town'' at the International Hygienic and Pharmaceutical Exposition in 1896; (4) the Pullman factory site is a true symbol of the historic struggle in the United States to achieve fair labor practices for the working class, with the original factory serving as the catalyst for the first industry-wide strike in the United States; (5) in the midst of economic depression in 1894, to protest unsafe conditions and reductions in pay, Pullman factory workers initiated a strike that-- (A) when taken up as a cause by the American Railway Union, crippled the entire rail industry; (B) continued even in the face of a Federal injunction and a showdown between laborers and Federal troops that turned violent and deadly; and (C) set a national example for the ability of working people in the United States to change the existing system in favor of more just practices for protecting workers rights and safety; (6) following the deaths of a number of workers at the hands of the United States military and United States Marshals during the 1894 strike, Congress unanimously voted to approve rush legislation that created a national Labor Day holiday, which was signed into law by President Grover Cleveland 6 days after the end of the strike; (7) the Pullman Palace Car Company also played an important role in African-American and early civil rights history through the legacy of the Pullman porters, many of whom were ex-slaves were employed in a heavily discriminatory environment immediately following the Civil War; (8) the Pullman porters, who served diligently between the 1870s and the 1960s, have been commended for-- (A) the level of service and attention to detail of the Pullman porters; and (B) the contributions of the Pullman porters to the development of the African-American middle class; (9) the information, ideas, and commerce the Pullman porters carried across the country while traveling on trains helped to bring education and wealth to African-American communities throughout the United States; (10) the positive role of the Pullman porters in the historical image of the first-class service that was made available on Pullman cars is unmistakable; (11) the Pullman community was the seminal home to the Brotherhood of Sleeping Car Porters, which-- (A) was the first African-American labor union with a collective bargaining agreement; (B) was founded by civil rights pioneer A. Philip Randolph in 1925; (C) fought against discrimination and in support of just labor practices; and (D) helped lay the groundwork for what became the great Civil Rights Movement of the 20th Century; (12) the Pullman community is-- (A) a paramount illustration of the work of architect Solon Spencer Beman; (B) a well-preserved example of 19th Century community planning, architecture, and landscape design; and (C) comprised of a number of historic structures, including the Administration Clock Tower Building, Hotel Florence, Greenstone Church, Market Square, and hundreds of units of rowhouses built for Pullman workers; (13) the preservation of the Pullman site has been threatened by-- (A) plans for demolition in 1960; and (B) a fire in 1998, which damaged the iconic clock tower and the rear erecting shops; (14) the diligent efforts of community organizations, foundations, nonprofits, residents, the State, and units of local government in the restoration and preservation of the District after the 1998 fire were vital to the protection of the Pullman site; (15) due to the historic and architectural significance of the District, the District is designated as-- (A) a registered National Historic Landmark District; (B) an Illinois State Landmark; and (C) a City of Chicago Landmark District; and (16) the preservation, enhancement, economic, and tourism potential and management of the important historic and architectural resources of the Park requires cooperation and partnerships from among local property owners, the Federal Government, the State, units of local government, the private and nonprofit sectors, and the more than 100 civic organizations who have expressed support for community preservation through the establishment of the Pullman National Historical Park. SEC. 3. DEFINITIONS. In this Act: (1) Park.--The term ``Park'' means the Pullman National Historical Park established by section 4(a). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) State.--The term ``State'' means the State of Illinois. SEC. 4. ESTABLISHMENT OF THE PULLMAN NATIONAL HISTORICAL PARK. (a) Establishment and Purpose.--There is established in the State a unit of the National Park System, to be known as the ``Pullman National Historical Park''-- (1) to preserve and interpret for the benefit of future generations-- (A) the significant labor, industrial, civil rights, and social history of the Park; (B) the significant architectural structures in the Park; and (C) the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) to coordinate preservation, protection, and interpretation efforts of the Park by the Federal Government, the State, units of local government, and private and nonprofit organizations; and (3) to coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. (b) Park Boundary.--The boundary of the Park shall be established by the Secretary, but shall not exceed the boundary of the approximately 300-acre Pullman Historic District in Chicago, which is between 103rd Street on the north, 115th Street on the south, Cottage Grove Avenue on the west, and the Norfolk & Western Rail Line on the east. (c) Inclusion of Historic Sites.--On conveyance by the State to the Secretary, the Park shall include-- (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land on which the structures described in paragraph (1) are located. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary shall administer land within the boundary of the Park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park Service Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Cooperative Agreements.--The Secretary may enter into cooperative agreements with the State or other public and nonpublic entities, under which the Secretary may identify, interpret, and provide assistance for the preservation of non-Federal land within the boundaries of the Park and at sites in close proximity to the Park but located outside the boundaries of the Park, including providing for placement of directional and interpretive signage, exhibits, and technology-based interpretive devices. (c) Acquisition of Land.--The Secretary may acquire for inclusion in the Park any land (including interests in land), buildings, or structures owned by the State or any other political, private, or nonprofit entity by donation, transfer, exchange, or purchase from a willing seller. (d) Management Plan.--Not later than 3 fiscal years after the date on which funds are first made available to carry out this Act, the Secretary, in consultation with the State, shall complete a general management plan for the Park in accordance with-- (1) section 12(b) of the National Park System General Authorities Act (16 U.S.C. 1a-7(b)); and (2) any other applicable laws. (e) Effect.--Nothing in this Act modifies any authority of the Federal Government to carry out Federal laws on Federal land located in the Park. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Pullman National Historical Park Act - Establishes the Pullman National Historical Park in Illinois as a unit of the National Park System to: (1) preserve and interpret for the benefit of future generations the significant labor, industrial, civil rights, and social history of the Park, the significant architectural structures in the Park, and the role of the Pullman community in the creation of the first national Labor Day holiday in the world; (2) coordinate preservation, protection, and interpretation efforts of the Park by the federal government, the state of Illinois, units of local government, and private and nonprofit organizations; and (3) coordinate appropriate management options necessary to ensure the protection, preservation, and interpretation of the many significant aspects of the Park. Requires the Park to include: (1) the Pullman Factory Complex, including the Clock Tower Building and rear erecting shops; and (2) the approximately 13 acres of land upon which such structures are located. Requires the Secretary of the Interior to complete a general management plan for the Park. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Energy Innovation Capabilities Act''. SEC. 2. NUCLEAR ENERGY. Section 951 of the Energy Policy Act of 2005 (42 U.S.C. 16271) is amended to read as follows: ``SEC. 951. NUCLEAR ENERGY. ``(a) Mission.--The Secretary shall conduct programs of civilian nuclear research, development, demonstration, and commercial application, including activities in this subtitle. Such programs shall take into consideration the following objectives: ``(1) Providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering. ``(2) Maintaining National Laboratory and university nuclear energy research and development programs, including their infrastructure. ``(3) Providing the technical means to reduce the likelihood of nuclear weapons proliferation and increasing confidence margins for public safety of nuclear energy systems. ``(4) Reducing the environmental impact of nuclear energy related activities. ``(5) Supporting technology transfer from the National Laboratories to the private sector. ``(6) Enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the aforementioned objectives in this subsection. ``(b) Definitions.--In this subtitle: ``(1) Advanced fission reactor.--The term `advanced fission reactor' means a nuclear fission reactor with significant improvements over the most recent generation of nuclear reactors, which may include inherent safety features, lower waste yields, greater fuel utilization, superior reliability, resistance to proliferation, and increased thermal efficiency. ``(2) Fast neutron.--The term `fast neutron' means a neutron with kinetic energy above 100 kiloelectron volts. ``(3) National laboratory.--The term `National Laboratory' has the meaning given that term in paragraph (3) of section 2, except that with respect to subparagraphs (G), (H), and (N) of such paragraph, for purposes of this subtitle the term includes only the civilian activities thereof. ``(4) Neutron flux.--The term `neutron flux' means the intensity of neutron radiation measured as a rate of flow of neutrons applied over an area. ``(5) Neutron source.--The term `neutron source' means a research machine that provides neutron irradiation services for research on materials sciences and nuclear physics as well as testing of advanced materials, nuclear fuels, and other related components for reactor systems. ``(c) Sense of Congress.--It is the sense of the Congress that nuclear energy, through fission or fusion, represents the highest energy density of any known attainable source and yields zero air emissions. This energy source is of national importance to scientific progress, national security, electricity generation, heat generation for industrial applications, and space exploration. Considering the inherent complexity and regulatory burden associated with this area of science, the Department should focus its civilian nuclear research and development activities towards programs that enable the private sector, National Laboratories, and universities to carry out such experiments as are necessary to promote scientific progress and enhance practical knowledge of nuclear engineering.''. SEC. 3. NUCLEAR ENERGY RESEARCH PROGRAMS. Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is amended-- (1) by striking subsection (c); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. SEC. 4. ADVANCED FUEL CYCLE INITIATIVE. Section 953(a) of the Energy Policy Act of 2005 (42 U.S.C. 16273(a)) is amended by striking ``, acting through the Director of the Office of Nuclear Energy, Science and Technology,''. SEC. 5. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT. Section 954(d)(4) of the Energy Policy Act of 2005 (42 U.S.C. 16274(d)(4)) is amended by striking ``as part of a taking into consideration effort that emphasizes'' and inserting ``that emphasize''. SEC. 6. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR INFRASTRUCTURE AND FACILITIES. Section 955 of the Energy Policy Act of 2005 (42 U.S.C. 16275) is amended-- (1) by striking subsections (c) and (d); and (2) by adding at the end the following: ``(c) Versatile Neutron Source.-- ``(1) Mission need.--Not later than December 31, 2016, the Secretary shall determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility. During this process, the Secretary shall consult with the private sector, universities, National Laboratories, and relevant Federal agencies to ensure that this user facility will meet the research needs of the largest possible majority of prospective users. ``(2) Establishment.--Upon the determination of mission need made under paragraph (1), the Secretary shall, as expeditiously as possible, provide to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a detailed plan for the establishment of the user facility. ``(3) Facility requirements.-- ``(A) Capabilities.--The Secretary shall ensure that this user facility will provide, at a minimum, the following capabilities: ``(i) Fast neutron spectrum irradiation capability. ``(ii) Capacity for upgrades to accommodate new or expanded research needs. ``(B) Considerations.--In carrying out the plan provided under paragraph (2), the Secretary shall consider the following: ``(i) Capabilities that support experimental high-temperature testing. ``(ii) Providing a source of fast neutrons at a neutron flux, higher than that at which current research facilities operate, sufficient to enable research for an optimal base of prospective users. ``(iii) Maximizing irradiation flexibility and irradiation volume to accommodate as many concurrent users as possible. ``(iv) Capabilities for irradiation with neutrons of a lower energy spectrum. ``(v) Multiple loops for fuels and materials testing in different coolants. ``(vi) Additional pre-irradiation and post- irradiation examination capabilities. ``(vii) Lifetime operating costs and lifecycle costs. ``(4) Reporting progress.--The Department shall, in its annual budget requests, provide an explanation for any delay in its progress and otherwise make every effort to complete construction and approve the start of operations for this facility by December 31, 2025. ``(5) Coordination.--The Secretary shall leverage the best practices for management, construction, and operation of national user facilities from the Office of Science.''. SEC. 7. SECURITY OF NUCLEAR FACILITIES. Section 956 of the Energy Policy Act of 2005 (42 U.S.C. 16276) is amended by striking ``, acting through the Director of the Office of Nuclear Energy, Science and Technology,''. SEC. 8. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH. Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is amended to read as follows: ``SEC. 957. HIGH-PERFORMANCE COMPUTATION AND SUPPORTIVE RESEARCH. ``(a) Modeling and Simulation.--The Secretary shall carry out a program to enhance the Nation's capabilities to develop new reactor technologies through high-performance computation modeling and simulation techniques. This program shall coordinate with relevant Federal agencies through the National Strategic Computing Initiative created under Executive Order No. 13702 (July 29, 2015) while taking into account the following objectives: ``(1) Utilizing expertise from the private sector, universities, and National Laboratories to develop computational software and capabilities that prospective users may access to accelerate research and development of advanced fission reactor systems, nuclear fusion systems, and reactor systems for space exploration. ``(2) Developing computational tools to simulate and predict nuclear phenomena that may be validated through physical experimentation. ``(3) Increasing the utility of the Department's research infrastructure by coordinating with the Advanced Scientific Computing Research program within the Office of Science. ``(4) Leveraging experience from the Energy Innovation Hub for Modeling and Simulation. ``(5) Ensuring that new experimental and computational tools are accessible to relevant research communities. ``(b) Supportive Research Activities.--The Secretary shall consider support for additional research activities to maximize the utility of its research facilities, including physical processes to simulate degradation of materials and behavior of fuel forms and for validation of computational tools.''. SEC. 9. ENABLING NUCLEAR ENERGY INNOVATION. Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the following: ``SEC. 958. ENABLING NUCLEAR ENERGY INNOVATION. ``(a) National Reactor Innovation Center.--The Secretary shall carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. The Secretary shall leverage the technical expertise of relevant Federal agencies and National Laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at National Laboratories or other Department-owned sites while ensuring reasonable safety for persons working within these sites. Such reactors shall operate to meet the following objectives: ``(1) Enabling physical validation of novel reactor concepts. ``(2) Resolving technical uncertainty and increasing practical knowledge relevant to safety, resilience, security, and functionality of first-of-a-kind reactor concepts. ``(3) General research and development to improve nascent technologies. ``(b) Reporting Requirement.--Not later than 180 days after the date of enactment of the Nuclear Energy Innovation Capabilities Act, the Secretary, in consultation with the National Laboratories, relevant Federal agencies, and other stakeholders, shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report assessing the Department's capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors as described under subsection (a). The report shall address the following: ``(1) The Department's safety review and oversight capabilities, including options to leverage expertise from the Nuclear Regulatory Commission and National Laboratories. ``(2) Potential sites capable of hosting activities described under subsection (a). ``(3) The efficacy of the Department's available contractual mechanisms to partner with the private sector and Federal agencies, including cooperative research and development agreements, strategic partnership projects, and agreements for commercializing technology. ``(4) Potential cost structures related to physical security, decommissioning, liability, and other long-term project costs. ``(5) Other challenges or considerations identified by the Secretary.''. SEC. 10. BUDGET PLAN. (a) In General.--Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is further amended by adding at the end the following: ``SEC. 959. BUDGET PLAN. ``Not later than 12 months after the date of enactment of the Nuclear Energy Innovation Capabilities Act, the Department shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate 2 alternative 10-year budget plans for civilian nuclear energy research and development by the Department. The first shall assume constant annual funding for 10 years at the appropriated level for the Department's civilian nuclear energy research and development for fiscal year 2016. The second shall be an unconstrained budget. The two plans shall include-- ``(1) a prioritized list of the Department's programs, projects, and activities to best support the development of next generation nuclear energy technology; ``(2) realistic budget requirements for the Department to implement sections 955(c), 957, and 958 of this Act; and ``(3) the Department's justification for continuing or terminating existing civilian nuclear energy research and development programs.''. (b) Report on Fusion Innovation.--Not later than 6 months after the date of enactment of this Act, the Secretary of the Department of Energy shall transmit to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that will identify engineering designs for innovative fusion energy systems that have the potential to demonstrate net energy production not later than 15 years after the start of construction. In this report, the Secretary will identify budgetary requirements that would be necessary for the Department to carry out a fusion innovation initiative to accelerate research and development of these designs. SEC. 11. CONFORMING AMENDMENTS. The table of contents for the Energy Policy Act of 2005 is amended by striking the item relating to section 957 and inserting the following: ``957. High-performance computation and supportive research. ``958. Enabling nuclear energy innovation. ``959. Budget plan.''. Passed the House of Representatives February 29, 2016. Attest: KAREN L. HAAS, Clerk. | Nuclear Energy Innovation Capabilities Act (Sec. 2) This bill amends the Energy Policy Act of 2005 to revise the objectives of the civilian nuclear energy research, development, demonstration, and commercial application programs of the Department of Energy (DOE) to emphasize: providing research infrastructure to promote scientific progress and enable users from academia, the National Laboratories, and the private sector to make scientific discoveries relevant for nuclear, chemical, and materials science engineering; and enabling the private sector to partner with the National Laboratories to demonstrate novel reactor concepts for the purpose of resolving technical uncertainty associated with the aforementioned objectives. The bill expresses the sense of Congress regarding nuclear energy, urging DOE to focus its civilian nuclear research and development activities towards programs that enable the private sector, National Laboratories, and universities to carry out experiments necessary to promote scientific progress and enhance practical knowledge of nuclear engineering. (Sec. 3) The bill repeals the Nuclear Power 2010 Program, and makes technical corrections removing the Office of Nuclear Energy, Science and Technology as the designated entity to conduct the research, development, and demonstration programs on advanced fuel recycling technology and cost-effective technologies for increasing the safety and security of nuclear facilities. (The Office of Nuclear Energy, Science and Technology was replaced in DOE by the Office of Nuclear Energy, the Office of Science, and the Office of Technology Transitions.) (Sec. 6) The bill repeals requirements for development of a comprehensive plan for the operation and maintenance of its facilities at the Idaho National Laboratory to support civilian nuclear energy research, development, demonstration, and commercial application programs, including radiological facilities management, isotope production, and facilities management. By December 31, 2016, DOE shall instead determine the mission need for a versatile reactor-based fast neutron source, which shall operate as a national user facility and, if such a need is determined, give Congress a plan to establish the facility. DOE shall ensure that the user facility will provide at a minimum: fast neutron spectrum irradiation capability, and capacity for upgrades to accommodate new or expanded research needs. The DOE shall leverage from the Office of Science the best practices for management, construction, and operation of national user facilities. (Sec. 8) The bill repeals the requirement that by August 1, 2006, DOE submit to Congress the results of a survey of alternatives to industrial applications of large radioactive sources. DOE shall instead carry out a program to enhance the nation's capabilities to develop new reactor technologies through high-performance computing modeling and simulation techniques. Such program shall coordinate with relevant federal agencies through the National Strategic Computing Initiative while taking into account specified objectives. (Sec. 9) DOE shall also carry out a program to enable the testing and demonstration of reactor concepts to be proposed and funded by the private sector. DOE shall leverage the technical expertise of relevant federal agencies and national laboratories in order to minimize the time required to enable construction and operation of privately funded experimental reactors at national laboratories or other DOE-owned sites while ensuring safety for persons working within those sites. Such reactors shall operate to enable physical validation of novel reactor concepts and generate research and development to improve nascent technologies. DOE shall assess its capabilities to authorize, host, and oversee privately funded fusion and advanced fission experimental reactors. (Sec. 10) Within 12 months of this bill's enactment, DOE must submit to Congress two alternative 10-year budget plans for civilian nuclear energy research and development by the DOE, one assuming constant annual funding for 10 years at the appropriated FY2016 level, and the other an unconstrained budget. DOE must also identify to Congress: engineering designs for innovative fusion energy systems with the potential to demonstrate net energy production within 15 years of the start of construction, and budgetary requirements necessary for DOE to carry out a fusion innovation initiative to accelerate research and development of those designs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Post-Abortion Depression Research and Care Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) About 3,000,000 women per year in the United States have an unplanned or unwanted pregnancy, and approximately 1,186,000 of these pregnancies end in elective abortion. (2) Abortion can have severe and long-term effects on the mental and emotional well-being of women. Women often experience sadness and guilt following abortions with no one to console them. They may have difficulty in bonding with new babies, become overprotective parents or develop problems in their relationship with their spouses. Problems such as eating disorders, depression and suicide attempts have also been traced to past abortions. (3) The symptoms of post-abortion depression include bouts of crying, guilt, intense grief or sadness, emotional numbness, eating disorders, drug and alcohol abuse, suicidal urges, anxiety and panic attacks, anger/rage, sexual problems or promiscuity, lowered self esteem, nightmares and sleep disturbance, flashbacks, and difficulty with relationships. (4) Women who aborted a first pregnancy are four times more likely to report substance abuse compared to those who suffered a natural loss of their first pregnancy, and they are five times more likely to report subsequent substance abuse than women who carried to term. (5) Greater thought suppression is associated with experiencing more intrusive thoughts of the abortion. Both suppression and intrusive thoughts, in turn, are positively related to increases in psychological distress over time. (6) Women who experience decision-making difficulties and may lack social support may experience more negative emotional consequences to induced abortion. (7) Post-abortion depression often relates to the lack of understanding in society and the medical community of the complexity of post-abortion depression, and economic pressures placed on hospitals and providers are contributing factors. (8) Social pressure to have an abortion can be directly related to higher levels of immediate regret and more mental undoing over subsequent years. (9) Post-abortion depression is a treatable disorder if promptly diagnosed by a trained provider and attended to with a personalized regimen of care including social support, therapy, medication, and when necessary hospitalization. (10) While there have been many studies regarding the emotional aftermath of abortion, very little research has been sponsored by the National Institutes of Health. TITLE I--RESEARCH ON POST-ABORTION DEPRESSION AND PSYCHOSIS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES OF NATIONAL INSTITUTE OF MENTAL HEALTH. (a) In General.--The Secretary of Health and Human Services, acting through the Director of NIH and the Director of the National Institute of Mental Health (in this section referred to as the ``Institute''), shall expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis (in this section referred to as ``post-abortion conditions''). (b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to post-abortion conditions. (c) Programs for Post-Abortion Conditions.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions. Activities under such subsection shall include conducting and supporting the following: (1) Basic research concerning the etiology and causes of the conditions. (2) Epidemiological studies to address the frequency and natural history of the conditions and the differences among racial and ethnic groups with respect to the conditions. (3) The development of improved diagnostic techniques. (4) Clinical research for the development and evaluation of new treatments, including new biological agents. (5) Information and education programs for health care professionals and the public. (d) Longitudinal Study.-- (1) In general.--The Director of the Institute shall conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques. (2) Report.--Beginning not later than 3 years after the date of the enactment of this Act, and periodically thereafter for the duration of the study under paragraph (1), the Director of the Institute shall prepare and submit to the Congress reports on the findings of the study. (e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $3,000,000 for each of the fiscal years 2002 through 2006. TITLE II--DELIVERY OF SERVICES REGARDING POST-ABORTION DEPRESSION AND PSYCHOSIS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services (in this title referred to as the ``Secretary'') shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis (referred to in this section as a ``post-abortion condition) and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity-- (1) is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity; and (2) had experience in providing the services described in subsection (a) before the date of the enactment of this Act. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and management of post-abortion conditions. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient and home-based health and support services, including case management, screening and comprehensive treatment services for individuals with or at risk for post-abortion conditions; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that ensure the well being of the mother and family and the future development of the infant. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with post-abortion conditions and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. (e) Limitation on Amount of Grants.--A grant under subsection (a) may not for any fiscal year be made in an amount exceeding $100,000. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of post- abortion conditions. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there is authorized to be appropriated $300,000 for each of the fiscal years 2002 through 2006. | Post-Abortion Depression Research and Care Act - Requires the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health and the Director of the National Institute of Mental Health, to expand and intensify research and related activities of the Institute with respect to post-abortion depression and post-abortion psychosis.Requires the Director of the National Institute of Mental Health to: (1) conduct or support research to expand the understanding of the causes of, and to find a cure for, post-abortion conditions; and (2) conduct a national longitudinal study to determine the incidence and prevalence of cases of post-abortion conditions, and the symptoms, severity, and duration of such cases, toward the goal of more fully identifying the characteristics of such cases and developing diagnostic techniques.Requires the Secretary to make grants of up to $100,000 per fiscal year, under specified conditions, to provide for projects for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with post-abortion depression or post-abortion psychosis. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act of 1994''. SEC. 2. SEIZURE OF LOTTERY WINNINGS, SETTLEMENTS, PAYOUTS, AND SALE OF FORFEITED PROPERTY TO PAY CHILD SUPPORT ARREARAGES. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)) is amended by inserting after paragraph (11) the following: ``(12) Procedures under which a lien is imposed against property with the following effect: ``(A) The distributor of winnings from a State lottery or State-sanctioned or tribal-sanctioned gambling house or casino shall-- ``(i) suspend payment of the winnings from the person otherwise entitled to the payment until an inquiry is made to and a response is received from the State child support enforcement agency as to whether the person owes a child support arrearage; ``(ii) withhold from the payment the lesser of the amount of the payment or the amount of the arrearage; and ``(iii) pay the amount withheld to the agency for distribution. ``(B) The person required to make a payment under a policy of insurance or a settlement of a claim made with respect to the policy shall-- ``(i) suspend the payment until an inquiry is made to and a response received from the State agency as to whether the person otherwise entitled to the payment owes a child support arrearage; and ``(ii) if there is such arrearage-- ``(I) withhold from the payment the lesser of the amount of the payment or the amount of the arrearage; and ``(II) pay the amount withheld to the State agency for distribution. ``(C) The payor of any amount pursuant to an award, judgment, or settlement in any action brought in Federal or State court shall-- ``(i) suspend the payment until an inquiry is made to and a response received from the State agency as to whether the person otherwise entitled to the payment owes a child support arrearage; and ``(ii) if there is such arrearage-- ``(I) withhold from the payment the lesser of the amount of the payment or the amount of the arrearage; and ``(II) pay the amount withheld to the State agency for distribution. ``(D) If the State seizes property forfeited to the State by an individual by reason of a criminal conviction, the State shall-- ``(i) hold the property until an inquiry is made to and a response received from the State agency as to whether the person otherwise entitled to the payment owes a child support arrearage; and ``(ii) if there is such arrearage-- ``(I) sell the property; and ``(II) after satisfying the claims of all other private or public claimants to the property and deducting from the proceeds of the sale the attendant costs (such as for towing, storage, and the sale), pay the lesser of the remaining proceeds or the amount of the arrearage directly to the State agency for distribution. ``(E) Any person required to make payment in respect to a decedent shall-- ``(i) suspend the payment until an inquiry is made to and a response received from the State agency as to whether the person otherwise entitled to the payment owes a child support arrearage; and ``(ii) if there is such an arrearage-- ``(I) withhold from the payment the lesser of the amount of the payment or the amount of the arrearage; and ``(II) pay the amount withheld to the State agency for distribution.''. SEC. 3. RESTRICTIONS RELATING TO PROFESSIONAL, OCCUPATIONAL, BUSINESS, AND DRIVER'S LICENSES. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by section 2 of this Act, is amended by inserting after paragraph (12) the following: ``(13) Procedures under which the State occupational licensing and regulating departments and agencies may not issue or renew any occupational, professional, or business license of-- ``(A) a noncustodial parent who is the subject of an outstanding failure to appear warrant, capias, or bench warrant related to a child support proceeding that appears on the State's crime information system; and ``(B) an individual who is delinquent in the payment of child support, until the individual owed such support or a State prosecutor responsible for child support enforcement consents to, or a court that is responsible for the enforcement of the order requiring the payment of such support orders the release of the hold on the license, or an expedited inquiry and review is completed while the individual is granted a 60-day temporary license. ``(14) Procedures under which the State motor vehicle department-- ``(A) may not issue or renew the driver's license or any vehicle registration (other than temporary) of any noncustodial parent who is the subject of an outstanding failure to appear warrant, capias, or bench warrant related to a child support proceeding that appears on the State's crime information system; ``(B) upon receiving notice that an individual to whom a State driver's license or vehicle registration has been issued is the subject of a warrant related to a child support proceeding, shall issue an order to the individual requiring the individual to demonstrate why the individual's driver's license or vehicle registration should not be suspended until the warrant is removed by the State responsible for issuing the warrant; and ``(C) in any case in which an order has been issued as described in subparagraph (B), may grant a temporary license or vehicle registration to the individual pending compliance with the order or the removal of the warrant, whichever occurs first.''. SEC. 4. ATTACHMENT OF BANK ACCOUNTS. Section 466(a) (42 U.S.C. 666(a)), as amended by sections 2 and 3 of this Act, is amended by inserting after paragraph (14) the following: ``(15) Procedures under which-- ``(A) amounts on deposit in an account maintained at a Federal depository institution (as defined in section 3(c)(4) of the Federal Deposit Insurance Act) or State depository institution (as defined in section 3(c)(5) of such Act) may be seized to satisfy child support arrearages determined under a court order or an order of an administrative process established under State law, solely through an administrative process, pending notice to and an expedited opportunity to be heard from the account holder or holders; and ``(B) if the account holder or holders fail to successfully challenge the seizure (as determined under State law), the institution may be required to pay from the account to the entity with the right to collect the arrearage the lesser of the amount of the arrearage or the amount on deposit in the account.''. SEC. 5. REPORTING OF CHILD SUPPORT OBLIGATIONS TO CREDIT BUREAUS. Section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7)) is amended-- (1) by inserting ``(A)'' after ``(7)''; (2) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively; and (3) by adding at the end the following: ``(B) Procedures requiring any court or administrative agency of the State, at the time the court or agency issues or modifies a child support order, to report to each consumer reporting agency (as so defined)-- ``(i) the name of the individual upon whom the order imposes an obligation to pay child support; and ``(ii) the amount of the obligation.''. SEC. 6. LIABILITY OF GRANDPARENTS FOR FINANCIAL SUPPORT OF THEIR GRANDCHILDREN. Section 466(a) of the Social Security Act (42 U.S.C. 666(a)), as amended by sections 2, 3, and 4 of this Act, is amended by inserting after paragraph (15) the following: ``(16) Procedures under which each parent of an individual is liable for the financial support of any child of the individual to the extent that the individual is unable to provide such support. The preceding sentence shall not apply to the State if the State plan explicitly provides for such inapplicability.''. | Child Support Enforcement Act of 1994 - Amends title IV (Aid to Families With Dependent Children) (AFDC) of the Social Security Act to require State laws to have in effect procedures for seizure of lottery winnings, settlements, and payouts and for the sale of forfeited property to pay child support arrearages. Requires State procedures prohibiting the issuance or renewal of certain professional, occupational, business, and driver's licenses to noncustodial parents who are: (1) delinquent in the payment of child support; or (2) the subject of an outstanding failure to appear warrant related to a child support proceeding on the State's crime information system. Provides for: (1) attachment of bank accounts to satisfy child support arrearages; and (2) the reporting of child support obligations to credit bureaus. Requires State procedures under which each parent of an individual is liable for the financial support of any child of that individual to the extent the individual is unable to provide such support. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Lands Against Narcotics Trafficking Act of 2015'' or the ``PLANT Act''. SEC. 2. CONTROLLED SUBSTANCES ACT PENALTY AMENDMENTS. (a) Cultivating or Manufacturing Controlled Substances on Federal Property.--Section 401(b)(5) of the Controlled Substances Act (21 U.S.C. 841(b)(5)) is amended, in the matter preceding subparagraph (A), by striking ``as provided in this subsection'' and inserting ``for not more than 10 years, in addition to any other term of imprisonment imposed under this subsection''. (b) Environmental Harms and Other Hazards.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall amend and review the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) while on Federal property or while intentionally trespassing on the property of another if the offense-- (1) creates a hazard to humans, wildlife, or domestic animals; (2) degrades or harms the environment or natural resources; or (3) pollutes an aquifer, spring, stream, river, or body of water. (c) Stream Diversion or Clear Cutting on Federal Property or While Intentionally Trespassing on the Property of Another.-- (1) Prohibition on stream diversion or clear cutting on federal property or while intentionally trespassing on the property of another.--Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)), as amended by subsection (a), is amended by adding at the end the following: ``(8) Destruction of bodies of water or timber.-- ``(A) In general.--Any person who violates subsection (a) in a manner that diverts, redirects, obstructs, or drains an aquifer, spring, stream, river, or body of water or clear cuts timber while cultivating or manufacturing a controlled substance on Federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another shall be fined an amount not to exceed-- ``(i) the amount authorized in accordance with this section; ``(ii) the amount authorized in accordance with the provisions of title 18, United States Code; ``(iii) $500,000 if the defendant is an individual; or ``(iv) $1,000,000 if the defendant is other than an individual. ``(B) Use of amounts from fines.-- ``(i) In general.--The Secretary of the Treasury shall transfer to the Secretary of the Interior, for use in accordance with clause (ii), the amounts received as fines for a violation described in subparagraph (A). ``(ii) Funds.--The Secretary of the Interior shall use the amounts transferred under clause (i) to address the environmental damage caused by any offense described in subparagraph (A).''. (2) Federal sentencing guidelines enhancement.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the offense involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance on Federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another. (3) Technical and conforming amendment.--Section 1402(b)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(b)(1)(A)) is amended-- (A) in clause (i), by striking ``and'' at the end; and (B) by inserting after clause (ii) the following: ``(iii) section 401(b)(8) of the Controlled Substances Act (21 U.S.C. 841(b)(8)); and''. (d) Booby Traps on Federal Property.--Section 401(d)(1) of the Controlled Substances Act (21 U.S.C. 841(d)(1)) is amended by inserting ``cultivated,'' after ``is being''. (e) Use or Possession of Firearms in Connection With Drug Offenses on Federal Property or While Intentionally Trespassing on the Property of Another.--Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal Sentencing Guidelines and policy statements to ensure that the guidelines provide for a penalty enhancement of not less than 1 offense level for a violation of section 401(a) of the Controlled Substances Act (21 U.S.C. 841(a)) if the offense involves the possession of a firearm while cultivating or manufacturing a controlled substance on Federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another. | Protecting Lands Against Narcotics Trafficking Act of 2015 or the PLANT Act Amends the Controlled Substances Act to: (1) impose an additional term of up to ten years' imprisonment for cultivating or manufacturing controlled substances on federal property; and (2) apply the prohibition against assembling, maintaining, or placing a booby trap on federal property where a controlled substance is being manufactured to federal property where a controlled substance is being cultivated. Directs the U.S. Sentencing Commission to amend and review the Federal Sentencing Guidelines to provide for a penalty enhancement of not less than one offense level for manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense a controlled substance or a counterfeit substance while on federal property or while intentionally trespassing on the property of another if such offense: (1) creates a hazard to humans, wildlife, or domestic animals; (2) degrades or harms the environment or natural resources; (3) pollutes an aquifer, spring, stream, river, or body of water; (4) involves the diversion, redirection, obstruction, or draining of an aquifer, spring, stream, river, or body of water or the clear cut of timber while cultivating or manufacturing a controlled substance; or (5) involves the possession of a firearm while cultivating or manufacturing controlled substances. Prohibits, and sets penalties of up to $500,000 for an individual or $1 million for other than an individual for, diverting, redirecting, obstructing, or draining an aquifer, spring, stream, river, or body of water or clear cutting timber while cultivating or manufacturing a controlled substance on federal property or while cultivating or manufacturing a controlled substance while intentionally trespassing on the property of another. Requires such fines to be transferred to the Department of the Interior for use in addressing the environmental damage caused by the offense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``El Camino Real de Tierra Adentro National Historic Trail Act''. SEC. 2. FINDINGS. Congress finds that-- (1) El Camino Real de Tierra Adentro (the Royal Road of the Interior), served as the primary route between the colonial Spanish capital of Mexico City and the Spanish provincial capitals at San Juan de Los Caballeros (1598-1600), San Gabriel (1600-1609) and Santa Fe (1610-1821); (2) the portion of El Camino Real in what is now the United States extended between El Paso, Texas, and present San Juan Pueblo, New Mexico, a distance of 404 miles; (3) El Camino Real is a symbol of the cultural interaction between nations and ethnic groups and of the commercial exchange that made possible the development and growth of the borderland; (4) American Indian groups, especially the Pueblo Indians of the Rio Grande, developed trails for trade long before Europeans arrived; (5) in 1598, Juan de Onate led a Spanish military expedition along those trails to establish the northern portion of El Camino Real; (6) during the Mexican National Period and part of the United States Territorial Period, El Camino Real facilitated the emigration of people to New Mexico and other areas that were to become part of the United States; (7) the exploration, conquest, colonization, settlement, religious conversion, and military occupation of a large area of the borderland was made possible by El Camino Real, the historical period of which extended from 1598 to 1882; (8) American Indians, European emigrants, miners, ranchers, soldiers, and missionaries used El Camino Real during the historic development of the borderland, promoting cultural interaction among Spaniards, other Europeans, American Indians, Mexicans, and Americans; and (9) El Camino Real fostered the spread of Catholicism, mining, an extensive network of commerce, and ethnic and cultural traditions including music, folklore, medicine, foods, architecture, language, place names, irrigation systems, and Spanish law. SEC. 3. AUTHORIZATION AND ADMINISTRATION. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended-- (1) by designating the paragraphs relating to the California National Historic Trail, the Pony Express National Historic Trail, and the Selma to Montgomery National Historic Trail as paragraphs (18), (19), and (20), respectively; and (2) by adding at the end the following: ``(21) El camino real de tierra adentro.-- ``(A) In general.--El Camino Real de Tierra Adentro (the Royal Road of the Interior) National Historic Trail, a 404 mile long trail from the Rio Grande near El Paso, Texas to San Juan Pueblo, New Mexico, as generally depicted on the maps entitled `United States Route: El Camino Real de Tierra Adentro', contained in the report prepared pursuant to subsection (b) entitled `National Historic Trail Feasibility Study and Environmental Assessment: El Camino Real de Tierra Adentro, Texas-New Mexico', dated March 1997. ``(B) Map.--A map generally depicting the trail shall be on file and available for public inspection in the Office of the National Park Service, Department of the Interior. ``(C) Administration.--The trail shall be administered by the Secretary of the Interior. ``(D) Land acquisition.--No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the United States for the trail except with the consent of the owner of the land or interest in land. ``(E) Volunteer groups; consultation.--The Secretary of the Interior shall-- ``(i) encourage volunteer trail groups to participate in the development and maintenance of the trail; and ``(ii) consult with affected Federal, State, and tribal agencies in the administration of the trail. ``(F) Coordination of activities.--The Secretary of the Interior may coordinate with United States and Mexican public and non-governmental organizations, academic institutions, and, in consultation with the Secretary of State, the government of Mexico and its political subdivisions, for the purpose of exchanging trail information and research, fostering trail preservation and educational programs, providing technical assistance, and working to establish an international historic trail with complementary preservation and education programs in each nation.''. | El Camino Real de Tierra Adentro National Historic Trail Act - Amends the National Trails System Act to designate the El Camino Real de Tierra Adentro, a 404-mile trail from the Rio Grande River near El Paso, Texas, to San Juan Pueblo, New Mexico, as a component of the National Trails System. Directs the Secretary of the Interior to administer the trail. Requires owner consent for any Federal land acquisition along the trail. Directs the Secretary to: (1) encourage volunteer groups to develop and maintain the trail; and (2) consult with affected Federal, State, and tribal agencies in its administration. Authorizes the Secretary to coordinate trail activities and programs with the Government of Mexico and Mexican non-governmental organizations and academic institutions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Municipal Bond Market Support Act of 2008''. SEC. 2. MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL INSTITUTIONS. (a) Increase in Limitation.--Subparagraphs (C)(i), (D)(i), and (D)(iii)(II) of section 265(b)(3) of the Internal Revenue Code of 1986 are each amended by striking ``$10,000,000'' and inserting ``$30,000,000''. (b) Repeal of Aggregation Rules Applicable to Small Issuer Determination.--Paragraph (3) of section 265(b) of such Code is amended by striking subparagraphs (E) and (F). (c) Election To Apply Limitation at Borrower Level.--Paragraph (3) of section 265(b) of such Code, as amended by subsection (b), is amended by adding at the end the following new subparagraph: ``(E) Election to apply limitation on amount of obligations at borrower level.-- ``(i) In general.--An issuer, the proceeds of the obligations of which are to be used to make or finance eligible loans, may elect to apply subparagraphs (C) and (D) by treating each borrower as the issuer of a separate issue. ``(ii) Eligible loan.--For purposes of this subparagraph-- ``(I) In general.--The term `eligible loan' means one or more loans to a qualified borrower the proceeds of which are used by the borrower and the outstanding balance of which in the aggregate does not exceed $30,000,000. ``(II) Qualified borrower.--The term `qualified borrower' means a borrower which is an organization described in section 501(c)(3) and exempt from taxation under section 501(a) or a State or political subdivision thereof. ``(iii) Manner of election.--The election described in clause (i) may be made by an issuer for any calendar year at any time prior to its first issuance during such year of obligations the proceeds of which will be used to make or finance one or more eligible loans.''. (d) Inflation Adjustment.--Paragraph (3) of section 265(b) of such Code, as amended by subsections (b) and (c), is amended by adding at the end the following new subparagraph: ``(F) Inflation adjustment.--In the case of any calendar year after 2009, the $30,000,000 amounts contained in subparagraphs (C)(i), (D)(i), (D)(iii)(II), and (E)(ii)(I) shall each be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting `calendar year 2008' `for calendar year 1992' in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $100,000.''. (e) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2008. SEC. 3. DE MINIMIS SAFE HARBOR EXCEPTION FOR TAX-EXEMPT INTEREST EXPENSE OF FINANCIAL INSTITUTIONS AND BROKERS. (a) Financial Institutions.--Subsection (b) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) De minimis exception.--Paragraph (1) shall not apply to any financial institution if the portion of the taxpayer's holdings of tax-exempt securities is less than 2 percent of the taxpayer's assets.''. (b) Brokers.--Subsection (a) of section 265 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(7) De minimis exception.--Paragraph (2) shall not apply to any broker (as defined in section 6045(c)(1)) if the portion of the taxpayer's holdings of tax-exempt securities is less than 2 percent of the taxpayer's assets.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Municipal Bond Market Support Act of 2008 - Amends Internal Revenue Code provisions relating to the small issuer exemption from interest expense allocation rules for financial institutions to: (1) increase from $10 to $30 million the annual limit on small issuers of tax-exempt municipal bonds; (2) allow an inflation adjustment to such increased limit amount after 2009; (3) repeal aggregation rules relating to the determination of small issuer eligibility; (4) allow small issuers an election to treat borrowers separately for purposes of issuance limitations; and (5) allow financial institutions and brokers to hold up to 2% of their assets in tax-exempt securities without affecting their interest expense tax deduction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Spyware (I-SPY) Prevention Act of 2005''. SEC. 2. PENALTIES FOR CERTAIN UNAUTHORIZED ACTIVITIES RELATING TO COMPUTERS. (a) In General.--Chapter 47 of title 18, is amended by inserting after section 1030 the following: ``Sec. 1030A. Illicit indirect use of protected computers ``(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned not more than 5 years, or both. ``(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code-- ``(1) intentionally obtains, or transmits to another, personal information with the intent to defraud or injure a person or cause damage to a protected computer; or ``(2) intentionally impairs the security protection of the protected computer with the intent to defraud or injure a person or damage a protected computer; shall be fined under this title or imprisoned not more than 2 years, or both. ``(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant's violating this section. For the purposes of this subsection, the term `State' includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. ``(d) As used in this section-- ``(1) the terms `protected computer' and `exceeds authorized access' have, respectively, the meanings given those terms in section 1030; and ``(2) the term `personal information' means-- ``(A) a first and last name; ``(B) a home or other physical address, including street name; ``(C) an electronic mail address; ``(D) a telephone number; ``(E) a Social Security number, tax identification number, drivers license number, passport number, or any other government-issued identification number; or ``(F) a credit card or bank account number or any password or access code associated with a credit card or bank account. ``(e) This section 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.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 47 of title 18, is amended by inserting after the item relating to section 1030 the following new item: ``1030A. Illicit indirect use of protected computers.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. In addition to any other sums otherwise authorized to be appropriated for this purpose, there are authorized to be appropriated for each of fiscal years 2006 through 2009, the sum of $10,000,000 to the Attorney General for prosecutions needed to discourage the use of spyware and the practices commonly called phishing and pharming. SEC. 4. FINDINGS AND SENSE OF CONGRESS CONCERNING THE ENFORCEMENT OF CERTAIN CYBERCRIMES. (a) Findings.--Congress makes the following findings: (1) Software and electronic communications are increasingly being used by criminals to invade individuals' and businesses' computers without authorization. (2) Two particularly egregious types of such schemes are the use of spyware and phishing scams. (3) These schemes are often used to obtain personal information, such as bank account and credit card numbers, which can then be used as a means to commit other types of theft. (4) In addition to the devastating damage that these heinous activities can inflict on individuals and businesses, they also undermine the confidence that citizens have in using the Internet. (5) The continued development of innovative technologies in response to consumer demand is crucial in the fight against spyware. (b) Sense of Congress.--Because of the serious nature of these offenses, and the Internet's unique importance in the daily lives of citizens and in interstate commerce, it is the sense of Congress that the Department of Justice should use the amendments made by this Act, and all other available tools, vigorously to prosecute those who use spyware to commit crimes and those that conduct phishing and pharming scams. Passed the House of Representatives May 23, 2005. Attest: JEFF TRANDAHL, Clerk. | Internet Spyware (I-SPY) Prevention Act of 2005 - (Sec. 2) Amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer and intentionally using that program or code: (1) in furtherance of another federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer. Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act. Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency. (Sec. 3) Authorizes appropriations to the Attorney General for prosecutions needed to discourage the use of spyware and the practices commonly called phishing and pharming. (Sec. 4) Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing or pharming scams. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia Force Realignment Act''. SEC. 2. FINDINGS. (a) The Congress finds the following: (1) United States Armed Forces in the Republic of Bosnia and Herzegovina have accomplished the military mission assigned to them as a component of the Implementation and Stabilization Forces. (2) The continuing and open-ended commitment of U.S. ground forces in the Republic of Bosnia and Herzegovina is subject to the oversight authority of the Congress. (3) Congress may limit the use of appropriated funds to create the conditions for an orderly and honorable withdrawal of U.S. troops from the Republic of Bosnia and Herzegovina. (4) On November 27, 1995, the President affirmed that United States participation in the multinational military Implementation Force in the Republic of Bosnia and Herzegovina would terminate in about one year. (5) The President declared the expiration date of the mandate for the Implementation Force to be December 20, 1996. (6) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff expressed confidence that the Implementation Force would complete its mission in about one year. (7) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff expressed the critical importance of establishing a firm deadline, in the absence of which there is a potential for expansion of the mission of U.S. forces. (8) On October 3, 1996, the Chairman of the Joint Chiefs of Staff announced the intention of the United States Administration to delay the removal of United States Armed Forces personnel from the Republic of Bosnia and Herzegovina until March 1997. (9) In November 1996 the President announced his intention to further extend the deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (10) The President did not request authorization by the Congress of a policy that would result in the further deployment of United States Armed Forces in the Republic of Bosnia and Herzegovina until June 1998. (11) Notwithstanding the passage of two previously established deadlines, the reaffirmation of those deadlines by senior national security officials, and the endorsement by those same national security officials of the importance of having a deadline as a hedge against an expanded mission, the President announced on December 17, 1997 that establishing a deadline had been a mistake and that U.S. ground combat forces were committed to the NATO-led mission in Bosnia for the indefinite future. (12) NATO military forces have increased their participation in law enforcement, particularly police activities. (13) U.S. Commanders of NATO have stated on several occasions that, in accordance with the Dayton Peace Accords, the principal responsibility for such law enforcement and police activities lies with the Bosnian parties themselves. SEC. 3. LIMITATIONS ON THE USE OF FUNDS. (a) Funds appropriated or otherwise made available for the Department of Defense for any fiscal year may not be obligated for the ground elements of the United States Armed Forces in the Republic of Bosnia and Herzegovina except as conditioned below. (1) The President shall continue the ongoing withdrawal of American forces from the NATO Stabilization Force in the Republic of Bosnia and Herzegovina such that U.S. ground forces in that force or the planned multi-national successor force shall not exceed: (A) 6900, by June 30, 1998; (B) 5000, by February 2, 1999; (C) 3500, by June 30, 1999, and; (D) 2500, by February 2, 2000. (b) Exceptions.--The limitation in subsection (a) shall not apply-- (1) to the extent necessary for U.S. ground forces to protect themselves as the drawdowns outlined in sub-paragraph (a)(1) proceeds; (2) to the extent necessary to support a limited number of United States military personnel sufficient only to protect United States diplomatic facilities in existence on the date of the enactment of this Act; or (3) to the extent necessary to support non-combat military personnel sufficient only to advise the commanders North Atlantic Treaty Organization peacekeeping operations in the Republic of Bosnia and Herzegovina; and (4) to U.S. ground forces that may be deployed as part of NATO containment operations in regions surrounding the Republic of Bosnia and Herzegovina. (c) Construction of Section.--Nothing in this section shall be deemed to restrict the authority of the President under the Constitution to protect the lives of United States citizens. (d) Limitation on Support for Law Enforcement Activities in Bosnia.--None of the funds appropriated or otherwise made available to the Department of Defense for any fiscal year may be obligated or expended after the date of the enactment of this Act for the-- (1) conduct of, or direct support for, law enforcement and police activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) conduct of, or support for, any activity in the Republic of Bosnia and Herzegovina that may have the effect of jeopardizing the primary mission of the NATO-led force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (``Bosnian Entities''); (3) transfer of refugees within the Republic of Bosnia and Herzegovina that, in the opinion of the commander of NATO Forces involved in such transfer-- (A) has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement; or (B) may expose United States Armed Forces to substantial risk to their personal safety; and (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina unless expressly agreed to by all signatories to the Dayton Peace Agreement. SEC. 4. PRESIDENTIAL REPORT. (a) Not later than December 1, 1998, the President shall submit to Congress a report on the progress towards meeting the drawdown limit established in section 2(a). (b) The report under paragraph (a) shall include an identification of the specific steps taken by the United States Government to transfer the United States portion of the peacekeeping mission in the Republic of Bosnia and Herzegovina to European allied nations or organizations. | Bosnia Force Realignment Act - Prohibits the obligation of Department of Defense (DOD) funds for the ground elements of U.S. armed forces in the Republic of Bosnia and Herzegovina, except to the extent necessary: (1) for U.S. ground forces to protect themselves during withdrawals; (2) to support a limited number of U.S. military personnel sufficient to protect U.S. diplomatic facilities; (3) to support non-combat military personnel sufficient to advise the commanders North Atlantic Treaty Organization (NATO) peacekeeping operations in the Republic; and (4) for the deployment of U.S. ground forces as part of NATO containment operations surrounding such countries. Directs the President to continue the planned withdrawal of American forces from the NATO Stabilization Force such that U.S. ground forces in that force or the planned multi-national successor force does not exceed specified levels for years 1998 through 2000. Prohibits the use of DOD funds for: (1) the conduct of law enforcement and police activities in the Republic, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) the conduct of any activity that may jeopardize the mission of the NATO-led force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (Bosnian Entities); (3) any transfer of refugees within the Republic that has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement, or that may expose U.S. armed forces to substantial risk to their personal safety; and (4) implementation of any decision to change the legal status of territory within the Republic unless expressly agreed to by all signatories to the Agreement. Directs the President to report to the Congress on progress made toward meeting the established troop drawdown limits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Save America's Jobs Act of 2002''. SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO AVOID UNITED STATES INCOME TAX. (a) In General.--Paragraph (4) of section 7701(a) of the Internal Revenue Code of 1986 (defining domestic) is amended to read as follows: ``(4) Domestic.-- ``(A) In general.--Except as provided in subparagraph (B), the term `domestic' when applied to a corporation or partnership means created or organized in the United States or under the law of the United States or of any State unless, in the case of a partnership, the Secretary provides otherwise by regulations. ``(B) Certain corporations treated as domestic.-- ``(i) In general.--The acquiring corporation in a corporate expatriation transaction shall be treated as a domestic corporation. ``(ii) Corporate expatriation transaction.--For purposes of this subparagraph, the term `corporate expatriation transaction' means any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly substantially all of the properties held directly or indirectly by a domestic corporation, and ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation. ``(iii) Lower stock ownership requirement in certain cases.--Subclause (II) of clause (ii) shall be applied by substituting `50 percent' for `80 percent' with respect to any nominally foreign corporation if-- ``(I) such corporation does not have substantial business activities (when compared to the total business activities of the expanded affiliated group) in the foreign country in which or under the law of which the corporation is created or organized, and ``(II) the stock of the corporation is publicly traded and the principal market for the public trading of such stock is in the United States. ``(iv) Partnership transactions.--The term `corporate expatriation transaction' includes any transaction if-- ``(I) a nominally foreign corporation (referred to in this subparagraph as the `acquiring corporation') acquires, as a result of such transaction, directly or indirectly properties constituting a trade or business of a domestic partnership, ``(II) immediately after the transaction, more than 80 percent of the stock (by vote or value) of the acquiring corporation is held by former partners of the domestic partnership (determined without regard to stock of the acquiring corporation which is sold in a public offering related to the transaction), and ``(III) the acquiring corporation meets the requirements of subclauses (I) and (II) of clause (iii). ``(v) Special rules.--For purposes of this subparagraph-- ``(I) a series of related transactions shall be treated as 1 transaction, and ``(II) stock held by members of the expanded affiliated group which includes the acquiring corporation shall not be taken into account in determining ownership. ``(vi) Other definitions.--For purposes of this subparagraph-- ``(I) Nominally foreign corporation.--The term `nominally foreign corporation' means any corporation which would (but for this subparagraph) be treated as a foreign corporation. ``(II) Expanded affiliated group.-- The term `expanded affiliated group' means an affiliated group (as defined in section 1504(a) without regard to section 1504(b)).'' (b) Modification of Rates of Corporate Tax.-- (1) In general.--The Secretary of the Treasury shall prescribe rates of tax under section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) which result in a net decrease in revenues for a taxable year equal to the net increase in revenue (if any) for that year as a result of the amendment made by subsection (a). (2) Estimates and subsequent adjustments.--The rates of tax prescribed under paragraph (1) shall be determined on the basis of estimates made by the Secretary of the Treasury. Adjustments shall be made in such rates for succeeding taxable years to the extent prior estimates resulted in revenues which were in excess of or less than the revenues required under paragraph (1). (c) Effective Dates.-- (1) In general.--The amendment made by this section shall apply to corporate expatriation transactions completed after September 11, 2001. (2) Special rule.--The amendment made by this section shall also apply to corporate expatriation transactions completed on or before September 11, 2001, but only with respect to taxable years of the acquiring corporation beginning after December 31, 2003. | Save America's Jobs Act of 2002 - Amends the Internal Revenue Code by determining that acquiring corporations in "corporate expatriation transactions" shall be considered domestic corporations. Defines a "corporate expatriation transaction" as, with certain exceptions, one in which a "nominally foreign corporation" acquires substantially all of the properties held by a domestic corporation and in which, immediately after the transaction, more than 80 percent of the stock of the acquiring corporation is held by former shareholders of the domestic corporation. Lowers the 80 percent threshold to 50 percent when the acquiring "nominally foreign corporation" lacks substantial business activities in the foreign country in which it was created and organized compared to the total activities of the "expanded affiliated group" and the stock is publicly traded, with the principal market of trading being the United States. Defines the terms "nominally foreign corporation" and "expanded affiliated group."Applies similar rules to partnership transactions.Establishes that a series of related transactions relevant to the Act shall be handled as a single transaction.Directs the Secretary of the Treasury to prescribe tax rates that result in a net decrease in revenues for a taxable year equal to any increase in revenue that occurs due to the implementation of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Identity Theft Prevention Act of 2003''. SEC. 2. RESTRICTIONS ON THE USE OF THE SOCIAL SECURITY ACCOUNT NUMBER. (a) Repeal of Provisions Authorizing Certain Usages of the Social Security Account Number.--Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended-- (1) in subparagraph (C), by striking ``(C)(i) It is the policy'' and all that follows through clause (vi); (2) by striking subparagraphs (C)(ix), (E), and (H); and (3) by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively. (b) New Rules Applicable to Social Security Account Numbers.-- Section 205(c)(2) of such Act is amended further-- (1) by inserting after subparagraph (B) the following: ``(C)(i) All social security account numbers issued under this subsection shall be randomly generated. ``(ii) Except as otherwise provided in this paragraph-- ``(I) the social security account number issued under this subsection to any individual shall be the exclusive property of such individual, and ``(II) the Social Security Administration shall not divulge the social security account number issued to any individual under this subsection to any agency or instrumentality of the Federal Government, to any State, political subdivision of a State, or agency or instrumentality of a State or political subdivision thereof, or to any other individual. ``(iii) Clause (ii) shall not apply with respect to the use of the social security account number as an identifying number to the extent provided in section 6109(d) of the Internal Revenue Code of 1986 (relating to use of the social security account number for social security and related purposes).''; and (2) by redesignating clauses (vii) and (viii) of subparagraph (C) as clauses (iv) and (v), respectively. (c) Use of Social Security Account Numbers Under Internal Revenue Code.--Subsection (d) of section 6109 of the Internal Revenue Code of 1986 is amended-- (1) in the heading, by inserting ``for Social Security and Related Purposes'' after ``Number''; and (2) by striking ``this title'' and inserting ``section 86, chapter 2, and subtitle C of this title''. (d) Effective Dates and Related Rules.-- (1) Effective dates.--Not later than 60 days after the date of the enactment of this Act, the Commissioner of Social Security shall publish in the Federal Register the date determined by the Commissioner, in consultation with the Secretary of the Treasury, to be the earliest date thereafter by which implementation of the amendments made by this section is practicable. The amendments made by subsection (a) shall take effect on the earlier of such date or the date which occurs 5 years after the date of the enactment of this Act. The amendments made by subsection (b) shall apply with respect to social security account numbers issued on or after such earlier date. The amendments made by subsection (c) shall apply with respect to calendar quarters and taxable years beginning on or after such earlier date. (2) Reissuance of numbers.--The Commissioner of Social Security shall ensure that, not later than 5 years after the date of the enactment of this Act, all individuals who have been issued social security account numbers under section 205(c) of the Social Security Act as of the date prior to the earlier date specified in paragraph (1) are issued new social security account numbers in accordance with such section as amended by this section. Upon issuance of such new social security account numbers, any social security account numbers issued to such individuals prior to such earlier date specified in paragraph (1) shall be null and void and subject to the requirements of section 205(c)(2)(C)(ii)(II) of such Act, as amended by this section. Nothing in this section or the amendments made thereby shall be construed to preclude the Social Security Administration and the Secretary of the Treasury from cross-referencing such social security account numbers newly issued to individuals pursuant to this paragraph to the former social security account numbers of such individuals for purposes of administering title II or title XVI of such Act or administering the Internal Revenue Code of 1986 in connection with section 86, chapter 2, and subtitle C thereof. SEC. 3. CONFORMING AMENDMENTS TO THE PRIVACY ACT OF 1974. (a) In General.--Section 7 of the Privacy Act of 1974 (5 U.S.C. 552a note, 88 Stat. 1909) is amended-- (1) in subsection (a), by striking paragraph (2) and inserting the following: ``(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any disclosure which is required under regulations of the commissioner of social security pursuant to section 205(c)(2) of the social security act or under regulations of the secretary of the treasury pursuant to section 6109(d) of the internal revenue code of 1986.''; and (2) by striking subsection (b) and inserting the following: ``(b) Except with respect to disclosures described in subsection (a)(2), no agency or instrumentality of the Federal Government, a State, a political subdivision of a State, or any combination of the foregoing may request an individual to disclose his social security account number, on either a mandatory or voluntary basis.''. (b) Effective Date.--The amendments made by this section shall take effect on the earlier date specified in section 2(d)(1). SEC. 4. PROHIBITION OF GOVERNMENT-WIDE UNIFORM IDENTIFYING NUMBERS. (a) In General.--Except as authorized under section 205(c)(2) of the Social Security Act, any two agencies or instrumentalities of the Federal Government may not implement the same identifying number with respect to any individual. (b) Identifying Numbers.--For purposes of this section-- (1) the term ``identifying number'' with respect to an individual means any combination of alpha-numeric symbols which serves to identify such individual, and (2) any identifying number and any one or more derivatives of such number shall be treated as the same identifying number. (c) Effective Date.--The provisions of this section shall take effect January 1, 2005. SEC. 5. PROHIBITION OF GOVERNMENT-ESTABLISHED IDENTIFIERS. (a) In General.--Subject to subsection (b), a Federal agency may not-- (1) establish or mandate a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard; or (2) condition receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. (b) Transactions Between Private Persons.--Notwithstanding subsection (a), a Federal agency may not establish or mandate a uniform standard for identification of an individual that is required to be used within the agency, or by any other Federal agency, a State agency, or a private person, for the purpose of-- (1) investigating, monitoring, overseeing, or otherwise regulating a transaction to which the Federal Government is not a party; or (2) administrative simplification. (c) Repealer.--Any provision of Federal law enacted before, on, or after the date of the enactment of this Act that is inconsistent with subsection (a) or (b) is repealed, including sections 1173(b) and 1177(a)(1) of the Social Security Act (42 U.S.C. 1320d-2(b); 42 U.S.C. 1320d-6(a)(1)). (d) Definitions.--For purposes of this section: (1) Agency.--The term ``agency'' means any of the following: (A) An Executive agency (as defined in section 105 of title 5, United States Code). (B) A military department (as defined in section 102 of such title). (C) An agency in the executive branch of a State government. (D) An agency in the legislative branch of the Government of the United States or a State government. (E) An agency in the judicial branch of the Government of the United States or a State government. (2) State.--The term ``State'' means any of the several States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau. (e) Effective Date.--The provisions of this section shall take effect January 1, 2005. | Identity Theft Prevention Act of 2003 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit using a social security account number for various purposes, except for specified social security and tax purposes. Prohibits the Social Security Administration from divulging the social security account number issued to any individual to any agency or instrumentality of the Federal Government, to any State, political subdivision of a State, or agency or instrumentality of a State or political subdivision thereof, or to any other individual.Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis.Prohibits: (1) any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual (except as authorized by specified Federal law); or (2) any Federal agency from establishing or mandating a uniform standard for identification of an individual that is required to be used by any other Federal agency, a State agency, or a private person for any purpose other than the purpose of conducting the authorized activities of the Federal agency establishing or mandating the standard, or conditioning receipt of any Federal grant or contract or other Federal funding on the adoption, by a State, a State agency, or a political subdivision of a State, of a uniform standard for identification of an individual. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arctic Science Endowment Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The United States is an Arctic Nation with-- (A) an approximately 700-mile border with the Arctic Ocean; (B) more than 100,000,000 acres of land above the Arctic Circle; and (C) an even broader area defined as Arctic by temperature, which includes the Bering Sea and Aleutian Islands. (2) The Arctic region of the United States is home to an indigenous population that has subsisted for millennia on the abundance in marine mammals, fish, and wildlife, many of which are unique to the region. (3) Temperatures in the United States Arctic region have warmed by 3 to 4 degrees Celsius over the past half-century, a rate of increase that is twice the global average. (4) The Arctic ice pack is rapidly diminishing and thinning, and the National Oceanic and Atmospheric Administration estimates the Arctic Ocean may be ice free during summer months in as few as 30 years. (5) Such changes to the Arctic region are having a significant impact on the indigenous people of the Arctic, their communities and ecosystems, as well as the marine mammals, fish, and wildlife upon which they depend. (6) Such changes are opening new portions of the United States Arctic continental shelf to possible development for offshore oil and gas, commercial fishing, marine shipping, and tourism. (7) Existing Federal research and science advisory programs focused on the environmental and socioeconomic impacts of a changing Arctic Ocean lack a cohesive, coordinated, and integrated approach and are not adequately coordinated with State, local, academic, and private-sector Arctic Ocean research programs. (8) The lack of research integration and synthesis of findings of Arctic Ocean research has impeded the progress of the United States and international community in understanding climate change impacts and feedback mechanisms in the Arctic Ocean. (9) An improved scientific understanding of the changing Arctic Ocean is critical to the development of appropriate and effective regional, national, and global climate change adaptation strategies. (b) Purpose.--The purpose of this Act is to establish a permanent environmental sentinel program to conduct research, monitoring, and observation activities in the Arctic Ocean-- (1) to promote and sustain a productive and resilient marine, coastal, and estuarine ecosystem in the Arctic and the human uses of its natural resources through greater understanding of how the ecosystem works and monitoring and observation of its vital signs; and (2) to track and evaluate the effectiveness of natural resource management in the Arctic in order to facilitate improved performance and adaptive management. SEC. 3. DEFINITIONS. In this Act: (1) Board.--The term ``Board'' means the North Pacific Research Board established under section 401(e) of the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-1608). (2) Commission.--The term ``Commission'' means the Arctic Research Commission established under the Arctic Research and Policy Act of 1984 (Public Law 98-373; 15 U.S.C. 4102). (3) Program.--The term ``Program'' means the Arctic Ocean Research, Monitoring, and Observation Program established by section 4(a). SEC. 4. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION PROGRAM. (a) Establishment.--There is established an Arctic Ocean Research, Monitoring, and Observation Program to be administered by the Board with input and assistance from the Commission. (b) Research, Monitoring, and Observation Activities.--The Program shall be an integrated, long-term scientific research, monitoring, and observation program consisting of-- (1) marine, coastal, and estuarine research, including-- (A) fisheries research; (B) research on the structure and function of the ecosystem and its food webs; and (C) research on the spatial distributions and status of fish, wildlife, and other populations in the Arctic; (2) marine, coastal, and estuarine ecosystem monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; and (3) marine, coastal, and estuarine research, monitoring, observation, and modeling that supports planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities, such as shipping, in the Arctic, environmental change, and their interactive and cumulative effects in the Arctic. (c) Initial Projects.--In initiating the Program, the Board shall make grants under subsection (e)-- (1) to support research and monitoring of Arctic fisheries, including on the distributions and ecology of Arctic cod and other forage fishes, for a period of not less than 3 years; (2) to support research and monitoring of Arctic marine mammals, including their responses to loss of sea ice habitats and reactions to disturbance, for a period of not less than 3 years; and (3) to establish the Alaska Ocean Observing System in the Arctic Ocean such that it has sufficient capacity to provide comprehensive data, nowcasts and forecasts, and information products in real time and near real time on physical, chemical, and biological conditions and environmental change. (d) Arctic Ocean Science Plan.-- (1) Requirement.--The Board and the Commission shall jointly prepare a comprehensive, integrated Arctic Ocean science plan. (2) Recognition and coordination with other science.--The content of the plan required by paragraph (1) shall be developed with recognition of and in coordination with other science plans and activities in the Arctic. (3) Informed by synthesis of existing knowledge.-- Development of the plan required by paragraph (1) shall be informed by a synthesis of existing knowledge about the Arctic ecosystem, including information about how the ecosystem functions, individual and cumulative sources of ecosystem stress, how the ecosystem is changing, and other relevant information. (4) Review.-- (A) Initial review by national research council.-- The Board shall submit the initial plan required by paragraph (1) to the National Research Council for review. (B) Periodic review and updates.--Not less frequently than once every 5 years thereafter, the Board and the Commission shall, in consultation with the National Research Council, review the plan required by paragraph (1) and update it as the Board and the Commission consider necessary. (5) Use.--The Board shall use the plan required by paragraph (1) as a basis for setting priorities and awarding grants under subsection (e). (e) Grants.-- (1) Authority.--Except as provided in paragraph (2), the Board shall, under the Program, award grants to carry out research, monitoring, and observation activities described in subsections (b) and (c). (2) Limitation.--The North Pacific Research Board may not award any grants under paragraph (1) until the Board has prepared the plan required by subsection (d)(1). (3) Conditions, considerations, and priorities.--When making grants to carry out the research, monitoring, and observation activities described in subsections (b) and (c), the Board shall-- (A) consider institutions located in the Arctic and subarctic; (B) place a priority on cooperative, integrated long-term projects, designed to address current or anticipated marine ecosystem or fishery or wildlife management information needs; (C) give priority to fully establishing and operating the Alaska Ocean Observing System in the Arctic Ocean, which may include future support for cabled ocean observatories; (D) recognize the value of local and traditional ecological knowledge, and, where appropriate, place a priority on research, monitoring, and observation projects that incorporate local and traditional ecological knowledge; (E) ensure that research, monitoring, and observation data collected by grantees of the Program are made available to the public in a timely fashion, pursuant to national and international protocols; and (F) give due consideration to the annual recommendations and review of the Commission carried out under subsection (f). (f) Annual Recommendations and Review by Arctic Research Commission.--Each year, the Commission shall-- (1) recommend ongoing and future research, monitoring, and observation priorities and strategies to be carried out pursuant to subsections (b) and (c); (2) undertake a written review of ongoing and recently concluded research, monitoring, and observation activities undertaken pursuant to such subsections; and (3) submit to the Board the recommendations required by paragraph (1) and the review required by paragraph (2). SEC. 5. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 9512. ARCTIC OCEAN RESEARCH, MONITORING, AND OBSERVATION 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 `Arctic Ocean Research, Monitoring, and Observation Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to Trust Fund.--There are hereby appropriated to the Arctic Ocean Research, Monitoring, and Observation Trust Fund amounts equivalent to the taxes received in the Treasury under section 4461 only to the extent attributable to the Arctic Ocean Research, Monitoring, and Observation Trust Fund financing rate. ``(c) Expenditures.-- ``(1) In general.--Amounts in the Arctic Ocean Research, Monitoring, and Observation Trust Fund shall be available, without further appropriation, to carry out the Arctic Ocean Research, Monitoring, and Observation Program established under section 4 of the Arctic Science Endowment Act in an amount equal to-- ``(A) for each fiscal year beginning after the date of the enactment of this section and before the endowment achievement date, $20,000,000, and ``(B) for each fiscal year beginning after the endowment achievement date, the amount credited to the Trust Fund under section 9602(b) for such fiscal year. ``(2) Endowment achievement date.--For purposes of this section, the endowment achievement date is the date the balance in the Arctic Ocean Research, Monitoring, and Observation Trust Fund first equals or exceeds $400,000,000 after the date of the enactment of this section.''. (b) Conforming Amendment.--The table of sections for subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Sec. 9512. Arctic Ocean Research, Monitoring, and Observation Trust Fund.''. (c) Arctic Ocean Research, Monitoring, and Observation Trust Fund Financing Rate.-- (1) In general.--Subsection (c) of section 4611 of the Internal Revenue Code of 1986 is amended-- (A) in paragraph (1), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) the Arctic Ocean Research, Monitoring, and Observation Trust Fund financing rate.'', and (B) in paragraph (2), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B)(ii) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(C) the Arctic Ocean Research, Monitoring, and Observation Trust Fund financing rate is, in the case of crude oil received or petroleum products entered-- ``(i) before the endowment achievement date (as determined under section 9512(c)(2)), 1 cent a barrel, and ``(ii) on or after such endowment date, 0 cents a barrel.''. (2) Effective date.--The amendments made by this subsection shall apply to crude oil received and petroleum products entered after the date of the enactment of this Act. | Arctic Science Endowment Act - Establishes the Arctic Ocean Research, Monitoring, and Observation Program to be administered by the North Pacific Research Board with input and assistance from the Arctic Research Commission. Requires the Program to include marine, coastal, and estuarine: (1) research of fisheries, ecosystem food webs, and spatial distributions of fish and other wildlife; (2) monitoring and observation, including expansion of the Alaska Ocean Observing System in the Arctic; (3) research, monitoring, observation, and modeling to support planning, environmental review, decisionmaking, evaluation, impact and natural resources damage assessment, and adaptive management with respect to industrial and other human activities in the Arctic, environmental change, and the interactive and cumulative effects in the Arctic. Directs: (1) the Board and Commission to jointly prepare an Arctic Ocean science plan, and (2) the Board to submit the plan to the National Research Council. Requires that the plan be reviewed and updated at least once every five years. Establishes a grant program to award grants for research, monitoring, and observation under the science plan. Directs the Commission to annually review and recommend to the Board ongoing and future strategies and priorities. Amends the Internal Revenue Code to establish in the Treasury the Arctic Ocean Research, Monitoring, and Observation Trust Fund to carry out the Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Line Item Veto Act''. SEC. 2. EXPEDITED CONSIDERATION OF CERTAIN PROPOSED RESCISSIONS AND TAX EXPENDITURES. (a) In General.--Part B of title X of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 681 et seq.) is amended by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively, and inserting after section 1012 the following new section: ``Expedited consideration of certain proposed rescissions ``Sec. 1013. (a) Proposed Rescission of Budget Authority.--In addition to the method of rescinding budget authority specified in section 1012, the President may propose, at the time and in the manner provided in subsection (b), the rescission of any budget authority provided in an appropriations Act or the repeal of any tax expenditure in any revenue Act. Funds made available for obligation under this procedure may not be proposed for rescission again under this section or section 1012. ``(b) Transmittal of Special Message.-- ``(1) Not later than seven days after the date of enactment of an appropriation Act or revenue Act, as the case may be, the President may transmit to Congress-- ``(A) a special message proposing to rescind amounts of budget authority provided in that appropriation Act and include with that special message a draft bill that, if enacted, would only rescind that budget authority; or ``(B) a special message proposing to repeal any tax expenditure provided in any revenue Act, and include with that special message a draft bill that, if enacted, would only repeal that tax expenditure. That bill shall clearly identify the amount of budget authority that is proposed to be rescinded for each program, project, or activity to which that budget authority relates. ``(2) In the case of an appropriation Act that includes accounts within the jurisdiction of more than one subcommittee of the Committee on Appropriations, the President in proposing to rescind budget authority under this section shall send a separate special message and accompanying draft bill for accounts within the jurisdiction of each such subcommittee. ``(3) Each special message shall specify, with respect to the budget authority proposed to be rescinded, the matters referred to in paragraphs (1) through (5) of section 1012(a). ``(c) Procedures for Expedited Consideration.-- ``(1)(A) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under subsection (b), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(B) The bill shall be referred to the Committee on Appropriations or the Committee on Ways and Means of the House of Representatives, as appropriate. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the committee fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(C) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the tenth legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(2)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section 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. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed four hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(3)(A) A bill transmitted to the Senate pursuant to paragraph (1)(D) shall be referred to its Committee on Appropriations or Committee on Fiance, as appropriate. The committee shall report the bill without substantive revision and with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the tenth legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(4)(A) A motion in the Senate to proceed to the consideration of a bill under this section 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. ``(B) Debate in the Senate on a bill under this section, and all debatable motions and appeals in connection therewith, shall not exceed ten hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than one hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill 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 bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this section is not debatable. A motion to recommit a bill under this section is not in order. ``(d) Amendments and Divisions Prohibited.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. 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 to suspend the application of this subsection by unanimous consent. ``(e) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be rescinded in a special message transmitted to Congress under subsection (b) shall be made available for obligation on the day after the date on which either House rejects the bill transmitted with that special message. ``(f) Definitions.--For purposes of this section-- ``(1) the term `appropriation Act' means any general or special appropriation Act, and any Act or joint resolution making supplemental, deficiency, or continuing appropriations; and ``(2) the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) by striking ``and 1017'' in subsection (a) and inserting ``1013, and 1018''; and (2) by striking ``section 1017'' in subsection (d) and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682(5)) is amended-- (A) in paragraph (4), by striking ``1013'' and inserting ``1014''; and (B) in paragraph (5)-- (i) by striking ``1016'' and inserting ``1017''; and (ii) by striking ``1017(b)(1)'' and inserting ``1018(b)(1)''. (2) Section 1015 of such Act (2 U.S.C. 685) (as redesignated by section 2(a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)(1), by striking ``1012'' and inserting ``1012 or 1013''; (C) in subsection (b)(2), by striking ``1013'' and inserting ``1014''; and (D) in subsection (e)(2)-- (i) by striking ``and'' at the end of subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) by striking ``1013'' in subparagraph (C) (as so redesignated) and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following new subparagraph: ``(B) he has transmitted a special message under section 1013 with respect to a proposed rescission; and''. (3) Section 1016 of such Act (2 U.S.C. 686) (as redesignated by section 2(a)) is amended by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''. (d) Clerical Amendments.--The table of sections for subpart B of title X of such Act is amended-- (1) by redesignating the items relating to sections 1013 through 1017 as items relating to sections 1014 through 1018; and (2) by inserting after the item relating to section 1012 the following new item: ``Sec. 1013. Expedited consideration of certain proposed rescissions.''. | Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to grant the President an additional method of rescinding budget authority. Allows the President to transmit to both Houses of the Congress, for expedited consideration, one or more special messages proposing to rescind all or part of any item of budget authority provided in an appropriation bill or the repeal of any tax expenditure in any revenue Act. Requires that such special message be transmitted not later than seven days after the President approves the appropriation bill or revenue Act and be accompanied by a draft bill or joint resolution that would, if enacted, rescind the budget authority proposed to be rescinded or repeal that tax expenditure. Sets forth House and Senate procedures for the expedited consideration of such proposals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Options for Veterans Expedited Recovery Act'' or the ``COVER Act''. SEC. 2. ESTABLISHMENT AND DUTIES. (a) Establishment.--There is established the Veterans Expedited Recovery Commission (in this Act referred to as the ``Commission''). (b) Duties.--The Commission shall perform the following duties: (1) Examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes. (2) Conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine-- (A) the experience of veterans with the Department of Veterans Affairs when seeking medical assistance for mental health issues through the health care system of the Department; (B) the experience of veterans with non-Department medical facilities and health professionals for treating mental health issues; (C) the preferences of veterans regarding available treatments for mental health issues and which methods the veterans believe to be most effective; (D) the experience, if any, of veterans with respect to the complementary alternative treatment therapies described in subparagraphs (A) through (I) in paragraph (3); (E) the prevalence of prescribing prescription medication among veterans seeking treatment through the health care system of the Department as remedies for addressing mental health issues; and (F) the outreach efforts of the Secretary regarding the availability of benefits and treatments for veterans for addressing mental health issues, including by identifying ways to reduce barriers to and gaps in such benefits and treatments. (3) Examine available research on complementary alternative treatment therapies for mental health issues and identify what benefits could be made with the inclusion of such treatments for veterans, including with respect to-- (A) music therapy; (B) equine therapy; (C) training and caring for service dogs; (D) yoga therapy; (E) acupuncture therapy; (F) meditation therapy; (G) outdoor sports therapy; (H) hyperbaric oxygen therapy; (I) accelerated resolution therapy; and (J) other therapies the Commission determines appropriate. (4) Study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. SEC. 3. MEMBERSHIP. (a) Number and Appointment.-- (1) In general.--The Commission shall be composed of 10 members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran. (B) Two members appointed by the Minority Leader of the House of Representatives, at least one of whom shall be a veteran. (C) Two members appointed by the Majority Leader of the Senate, at least one of whom shall be a veteran. (D) Two members appointed by the Minority Leader of the Senate, at least one of whom shall be a veteran. (E) Two members appointed by the President, at least one of whom shall be a veteran. (2) Qualifications.--Members of the Commission shall be-- (A) individuals who are of recognized standing and distinction within the medical community with a background in treating mental health; and (B) individuals with experience working with the military and veteran population. (b) Chairman.--The President shall designate a member of the Commission to be the chairman. (c) Period of Appointment.--Members of the Commission shall be appointed for the life of the Commission. (d) Vacancy.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (e) Appointment Deadline.--The appointment of members of the Commission in this section shall be made not later than 90 days after the date of the enactment of this Act. SEC. 4. POWERS OF COMMISSION. (a) Meeting.-- (1) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (2) Meeting.--The Commission shall regularly meet at the call of the Chairman. Such meetings may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the members to communicate simultaneously. (b) Hearing.--The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive evidence as the Commission considers advisable to carry out the responsibilities of the Commission. (c) Information From Federal Agencies.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. (d) Information From Nongovernmental Organizations.--In carrying out section 2(b), the Commission may seek guidance through consultation with foundations, veterans service organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and other organizations as the Commission determines appropriate. (e) Commission Records.--The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such record shall be made available for public inspection and the Comptroller General of the United States may audit and examine such record. (f) Personnel Matters.--Upon request of the chairman of the Commission, the head of any department or agency of the Federal Government may detail, on a reimbursable basis, any personnel of that department or agency to assist the Commission in carrying out the duties of the Commission. (g) Compensation of Members; Travel Expenses.--Each member shall serve without pay, except that each member shall receive travel expenses to perform the duties of the Commission under section 2(b) of this Act, including per diem in lieu of subsistence, at rates authorized under subchapter I of chapter 57 of title 5, United States Code. (h) Staff.--The Chairman, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, without regard to the provision of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at a level IV of the Executive Schedule under section 5316 of title 5, United States Code. (i) Personnel as Federal Employees.-- (1) In general.--The executive director and any personnel of the Commission are employees under section 2105 of title 5, United States Code, for purpose of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of such title. (2) Members of the commission.--Paragraph (1) shall not be construed to apply to members of the Commission. (j) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriations Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (k) Expert and Consultant Service.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates not to exceed the daily rate paid to a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (l) Postal Service.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the United States. (m) Physical Facilities and Equipment.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. SEC. 5. REPORT. (a) Interim Reports.-- (1) In general.--Not later than 60 days after the date on which the Commission first meets, and each 30-day period thereafter ending on the date on which the Commission submits the final report under subsection (b), the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and the President a report detailing the level of cooperation the Secretary of Veterans Affairs (and the heads of other departments or agencies of the Federal Government) has provided to the Commission. (2) Other reports.--In carrying out the duties pursuant to section 2(b), at times that the Commission determines appropriate, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate and any other appropriate entities an interim report with respect to the findings identified by the Commission. (b) Final Report.--Not later than 18 months after the first meeting of the Commission, the Commission shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate, the President, and the Secretary of Veterans Affairs a final report on the findings of the Commission. Such report shall include the following: (1) Recommendations to implement in a feasible, timely, and cost-effective manner the solutions and remedies identified within the findings of the Commission pursuant to section 2(b). (2) An analysis of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating veterans with mental health care issues, and an examination of the prevalence and efficacy of prescription drugs as a means for treatment. (3) The findings of the patient-centered survey conducted within each of the Veterans Integrated Service Networks pursuant to section 2(b)(2). (4) An examination of complementary alternative treatments described in section 2(b)(3) and the potential benefits of incorporating such treatments in the therapy model used by the Secretary for treating veterans with mental health issues. (c) Plan.--Not later than 90 days after the date on which the Commission submits the final report under subsection (b), the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the following: (1) An action plan for implementing the recommendations established by the Commission on such solutions and remedies for improving wellness-based outcomes for veterans with mental health care issues. (2) A feasible timeframe on when complementary alternative treatments described in section 2(b)(3) can be implemented Department-wide. (3) If the Secretary determines that implementing the recommendations established by the Commission, including with respect to such complementary alternative treatments, is not appropriate or feasible, a justification for such determination and an alternative solution to improve the efficacy of the therapy model used by the Secretary for treating veterans with mental health issues. SEC. 6. TERMINATION OF COMMISSION. The Commission shall terminate 30 days after the Commission submits the final report under section 5(b). | Creating Options for Veterans Expedited Recovery Act or the COVER Act - Establishes the Veterans Expedited Recovery Commission to: examine the efficacy of the evidence-based therapy model used by the Secretary of Veterans Affairs for treating mental health illnesses of veterans and identify areas to improve wellness-based outcomes; conduct a patient-centered survey within each of the Veterans Integrated Service Networks to examine the experience of veterans with the Department of Veterans Affairs (VA) when seeking medical assistance for mental health issues through the VA health care system, their experience with non-VA facilities and health professionals for such issues, their preferences regarding available treatments for such issues and which methods they believe to be most effective, their experience with complementary alternative treatment therapies, the prevalence of prescribing prescription medication among veterans seeking treatment through the VA health care system to address mental health issues, and the Secretary's outreach efforts regarding the availability of benefits and treatments for such issues; examine available research on complementary alternative treatment therapies for mental health issues (including music, yoga, and meditation therapy) and identify what benefits could be made with the inclusion of such treatments for veterans; and study the potential increase in the approval by the Secretary of claims for compensation relating to mental health issues for veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn. Directs the Secretary, upon a report by the Commission, to submit: (1) an action plan for implementing recommendations and a time frame for implementing complementary alternative treatments, or (2) a justification for not doing so and an alternative solution to improve the efficacy of the therapy model. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Scientific Integrity Act''. SEC. 2. DEFINITION OF FEDERAL AGENCY. In this Act, the term ``Federal agency'' has the meaning given the term ``agency'' in section 551(1) of title 5, United States Code. SEC. 3. SENSE OF CONGRESS ON SCIENTIFIC INTEGRITY. It is the sense of Congress that-- (1) science and the scientific process should inform and guide public policy decisions on a wide range of issues, including improvement of public health, protection of the environment, and protection of national security; (2) the public must be able to trust the science and scientific process informing public policy decisions; (3) science, the scientific process, and the communication of science should be free from politics, ideology, and financial conflicts of interest; and (4) policies and procedures that ensure the integrity of the conduct and communication of publicly funded science are critical to ensuring public trust. SEC. 4. PUBLIC COMMUNICATIONS. Except as provided in section 552(b) of title 5, United States Code, and consistent with privacy and classification standards, the head of each Federal agency that funds or conducts scientific research shall-- (1) promote and maximize the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist or engineer employed or contracted by a Federal agency that funds or conducts scientific research; and (2) prevent the suppression or distortion of the data and findings described in paragraph (1). SEC. 5. PRINCIPLES. Section 1009(a) of the America COMPETES Act (42 U.S.C. 6620(a)) is amended to read as follows: ``(a) Principles.-- ``(1) In general.--Not later than 30 days after the date of enactment of the Scientific Integrity Act, the Director of the Office of Science and Technology Policy, in consultation with the head of each Federal agency that funds or conducts scientific research, shall develop and issue an overarching set of principles-- ``(A) to ensure the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by a scientist or engineer employed or contracted by a Federal agency that funds or conducts scientific research, while protecting privacy, confidentiality, and national security; and ``(B) to prevent the suppression or distortion of the data or findings described in subparagraph (A). ``(2) Exchange of data and findings.--In order to promote the sharing of data and findings, as appropriate, the principles shall-- ``(A) encourage the open exchange of data and findings of research undertaken by a scientist or engineer employed or contracted by a Federal agency that funds or conducts scientific research, while protecting privacy, confidentiality, and national security; and ``(B) be consistent with existing Federal laws, including chapter 18 of title 35, United States Code (commonly known as the `Bayh-Dole Act').''. SEC. 6. SCIENTIFIC INTEGRITY POLICIES. (a) In General.--Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is amended by striking subsection (b) and inserting the following: ``(b) Scientific Integrity Policies.--Not later than 90 days after the date of enactment of the Scientific Integrity Act, the head of each Federal agency that funds or conducts scientific research shall-- ``(1) develop and enforce a scientific integrity policy, including procedures, regarding the release of data and findings to other agencies, policymakers, and the public of research conducted by a scientist or engineer employed or contracted by that Federal agency; and ``(2) submit the scientific integrity policy to the Director of the Office of Science and Technology Policy and Congress. ``(c) Requirements.--A scientific integrity policy under subsection (b) shall-- ``(1) be consistent with the principles established under subsection (a); ``(2) specifically address what is and what is not permitted or recommended under that policy, including procedures; ``(3) be specifically designed for the Federal agency; ``(4) be applied uniformly throughout the Federal agency; and ``(5) be publicly accessible and widely communicated to all employees and private contractors of the Federal agency. ``(d) Contents.--At a minimum, each scientific integrity policy under subsection (b) shall ensure that-- ``(1) scientific conclusions are not made based on political considerations; ``(2) the selection and retention of candidates for science and technology positions in the Federal agency are based primarily on the candidate's expertise, scientific credentials, experience, and integrity; ``(3) personnel actions regarding scientists and engineers are not made based on political consideration or ideology; ``(4) scientists and engineers adhere to the highest ethical and professional standards in conducting their research and disseminating their findings; ``(5) the appropriate rules, procedures, and safeguards are in place to ensure the integrity of the scientific process within the Federal agency, including procedures-- ``(A) that allow for a scientist to review public release of materials that cite work from that scientist or otherwise claim to represent the scientist's scientific opinion; and ``(B) to identify, evaluate the merits of, and address instances in which the scientific process or the integrity of scientific and technological information may be compromised; ``(6) scientific or technological information considered in policy decisions is subject to well-established scientific processes, including peer review where appropriate; ``(7) except as provided in section 552(b) of title 5, United States Code, and consistent with privacy and classification standards, each Federal agency makes publicly available scientific or technological findings that are considered or relied upon in policy decisions and regulatory proposals; ``(8) scientific and technical staff are able to ensure the scientific and technical content of scientific documents, reports, press releases, and fact sheets accurately represents the relevant scientific data and conclusions; and ``(9) procedures, including any applicable whistleblower protections, are in place as are necessary to ensure the integrity of scientific and technological information and processes on which the Federal agency relies in its decisionmaking or otherwise uses. ``(e) Application.--A scientific integrity policy shall apply to each employee or contractor who conducts, handles, communicates, supervises, or manages federally funded scientific research for the Federal agency or for a federally funded research and development center sponsored by the Federal agency. ``(f) Dissemination of Scientific Integrity Policies and Procedures.--The head of each Federal agency that funds or conducts scientific research shall-- ``(1) make the scientific integrity policy available to the public on the Federal agency's website; ``(2) disseminate the scientific integrity policy to each new employee and contractor; and ``(3) develop and require training on the scientific integrity policy for each employee or contractor who conducts, handles, communicates, or supervises scientific research for the Federal agency. ``(g) Definition of Federal Agency.--In this section, the term `Federal agency' has the meaning given the term `agency' in section 551(1) of title 5, United States Code.''. (b) Existing Scientific Integrity Policies.--Notwithstanding section 1009(b) of the America COMPETES Act (42 U.S.C. 6620(b)), as amended by this Act, a scientific integrity policy that was in effect on the day before the date of enactment of this Act may satisfy the requirements of section 1009 of that Act if the head of a Federal agency that funds or conducts scientific research-- (1) makes a written determination that the policy satisfies the requirements of that section; and (2) submits the written determination and the policy to the Director of the Office of Science and Technology Policy and Congress. (c) Clarification.--Nothing in this Act shall affect the application of United States copyright law. SEC. 7. NAPA REVIEW. Not later than 90 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall enter into an agreement with the National Academy of Public Administration-- (1) to study the appropriateness of the scientific integrity policies under section 1009 of the America COMPETES Act (42 U.S.C. 6620), as added by section 6 of this Act-- (A) in promoting the communication and open exchange of data and findings to other agencies, policymakers, and the public of research conducted by scientists employed or contracted by a Federal agency; and (B) in preventing the suppression or distortion of the data and findings described in subparagraph (A); and (2) to recommend any improvements to the scientific integrity policies to achieve the purposes described in subparagraphs (A) and (B) of paragraph (1). | Scientific Integrity Act This bill requires, subject to Freedom of Information Act disclosure restrictions and privacy requirements, federal agencies that fund or conduct scientific research to: (1) promote and maximize the communication and open exchange of scientific data and findings to other agencies, policymakers, and the public; and (2) prevent the suppression or distortion of such data and findings. The bill amends the America COMPETES Act to require federal agencies that fund or conduct scientific research to develop and enforce a scientific integrity policy and submit it to Congress and the Office of Science and Technology Policy (OSTP). A scientific integrity policy must, at a minimum, ensure that scientific conclusions are not made based on political considerations. It must be made available to the public on agency websites and be disseminated to each new agency employee and contractor. Agencies must also develop and require training on the policy for its employees and contractors. The OSTP shall enter into an agrement with the National Academy of Public Administration to study the appropriateness of scientific integrity policies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nunn-Lugar Cooperative Threat Reduction Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The possession by hostile states or terrorist groups of nuclear, chemical, and biological weapons of mass destruction, or related materials or means of delivery, represents the greatest threat to the national security of the United States in the 21st century. (2) It is the highest priority of the United States to protect its territory, people, armed forces, allies, and friends from attacks by dangerous regimes or terrorist groups using weapons of mass destruction or related materials or means of delivery. (3) It is the policy of the United States to ensure and strengthen verification and compliance with the Treaty on the Non-proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ``Nuclear Non-Proliferation Treaty''), the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, with Annexes, done at Paris January 13, 1993, and entered into force April 29, 1997 (commonly known as the ``Chemical Weapons Convention''), the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, done at Washington, London, and Moscow April 10, 1972, and entered into force March 26, 1975 (commonly known as the ``Biological Weapons Convention''), the safeguards system of the International Atomic Energy Agency (IAEA), and the commitments and control lists of the Missile Technology Control Regime (MTCR), the Australia Group (AG), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (WA). (4) The national security interests of the United States have been well-served by the enactment of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note), (commonly known as the ``Nunn-Lugar Act''), its successor law, the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5951 note), and the Defense Against Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104-201; 50 U.S.C. 2301 et seq.) (commonly known as the ``Nunn-Lugar-Domenici Act''). (5) The Nunn-Lugar Cooperative Threat Reduction program has, as of January 2007-- (A) deactivated 6,934 nuclear warheads; (B) destroyed 637 intercontinental ballistic missiles; (C) eliminated 485 intercontinental ballistic missile silos; (D) destroyed 81 mobile intercontinental ballistic missile launchers; (E) eliminated 155 bombers; (F) destroyed 906 nuclear air-to-surface missiles; (G) eliminated 436 submarine-launched ballistic missile launchers; (H) eliminated 601 submarine-launched ballistic missiles; (I) destroyed 30 strategic nuclear submarines; and (J) sealed 194 nuclear test tunnels or holes. (6) On February 11, 2004, President George W. Bush called for the expansion of the Nunn-Lugar Cooperative Threat Reduction program, stating: ``I propose to expand our efforts to keep weapons from the Cold War and other dangerous materials out of the wrong hands. In 1991, Congress passed the Nunn-Lugar legislation. Senator Lugar had a clear vision, along with Senator Nunn, about what to do with the old Soviet Union. Under this program, we're helping former Soviet states find productive employment for former weapons scientists. We're dismantling, destroying, and securing weapons and materials left over from the Soviet WMD arsenal. We have more work to do there.'' SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) all United States capabilities must be utilized to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery; (2) in order to prevent acts of catastrophic terrorism using weapons of mass destruction or related materials or means of delivery, the United States must pursue a strategy making full and effective use of multilateral and bilateral agreements, missile defense, arms control, threat reduction assistance, interdiction efforts, export controls, and United States proliferation sanctions; (3) the United States must not allow the world's most dangerous weapons to fall into the hands of dangerous regimes and terrorist groups; (4) the United States must hold nations accountable for all violations of international nonproliferation treaties, norms, and standards of conduct, and to the extent that it is consistent with United States law and policy, provide assistance to ensure that such treaties, norms, and standards of conduct are upheld rather than violated; and (5) the President must be provided the authority to use Nunn-Lugar Cooperative Threat Reduction funds in a manner consistent with the high value Congress and the President have placed on Cooperative Threat Reduction programs to reduce the threat posed to the national security of the United States and international peace and security by the proliferation of weapons of mass destruction or related materials or means of delivery. SEC. 4. REPEAL OF RESTRICTIONS. (a) Soviet Nuclear Threat Reduction Act of 1991.--Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed. (b) Cooperative Threat Reduction Act of 1993.--Section 1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of Public Law 103-160; 22 U.S.C. 5952(d)) is repealed. (c) Russian Chemical Weapons Destruction Facilities.--Section 1305 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed. SEC. 5. INAPPLICABILITY OF OTHER RESTRICTIONS. Section 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 (Public Law 102-511; 106 Stat. 3338; 22 U.S.C. 5852) shall not apply to any Cooperative Threat Reduction program. SEC. 6. COOPERATIVE THREAT REDUCTION PROGRAMS DEFINED. In this Act, the term ``Cooperative Threat Reduction programs'' means programs and activities specified in section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note). | Nunn-Lugar Cooperative Threat Reduction Act of 2007 - Amends the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000 to repeal specified restrictions on the use of Cooperative Threat Reduction (CTR) program funds and activities. Amends the Freedom for Russia and Emerging Eurasian Democracies and Open Markets Support Act of 1992 to make specified funding requirements respecting independent countries of the former Soviet Union inapplicable to CTR programs. |
SECTION 1. ECONOMIC AND EMPLOYMENT IMPACT ACT. (a) Short Title.--This Act may be cited as the ``Economic and Employment Impact Act''. (b) Findings and Purposes.-- (1) Findings.--The Congress finds that-- (A) compliance with Federal regulations is estimated to cost the private sector and State and local governments as much as $850,000,000,000 a year; (B) excessive Federal regulation and mandates increase the cost of doing business and thus hinder economic growth and employment opportunities; (C) State and local governments are forced to absorb the cost of unfunded Federal mandates; and (D) in addition to budget and deficit estimates, Congress and the executive branch decision makers need to be aware of regulatory cost impacts of proposed Federal actions on the private sector and State, local, and tribal governments. (2) Purposes.--The purposes of this section are-- (A) to ensure that the people of the United States are fully apprised of the impact of Federal legislative and regulatory activity on economic growth and employment; (B) to require both the Congress and the executive branch to acknowledge and to take responsibility for the fiscal and economic effects of legislative and regulatory actions and activities; (C) to provide a means to ensure that congressional and executive branch action are focused on enhancing economic growth and providing increased job opportunities for the people of the United States; and (D) to protect against congressional or executive branch actions which hinder economic growth or eliminate jobs for the people of the United States. (c) Economic and Employment Impact Statements for Legislation.-- (1) Preparation.--The Director of the Congressional Budget Office (referred to as the ``Director'') shall prepare an economic and employment impact statement, as described in paragraph (2), to accompany each bill or joint resolution reported by any committee (except the Committee on Appropriations) of the House of Representatives or the Senate or considered on the floor of either House. (2) Contents.--The economic and employment impact statement required by paragraph (1) shall include the following: (A) An estimate of the numbers of individuals and businesses who would be regulated by the bill or joint resolution and a determination of the groups and classes of such individuals and businesses; (B) A determination of the economic impact of such regulation on individuals, consumers, and businesses affected. (C)(i) An estimate of the costs which would be incurred by the private sector in carrying out or complying with such bill or joint resolution in the fiscal year in which it is to become effective, and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate. (ii) Estimates required by this subparagraph shall include specific data on costs imposed on groups and classes of individuals and businesses, including small business and consumers, and employment impacts on those individuals and businesses. (D) An estimate of the costs that would be incurred by State and local governments, which shall include-- (i) the estimates required by section 403 of the Congressional Budget Act of 1974; and (ii) an evaluation of the extent of the costs of the Federal mandates arising from such bill or joint resolution in comparison with funding assistance provided by the Federal Government to address the costs of complying with such mandates. (3) Report not available.--If compliance with the requirements of paragraph (1) is impracticable, the Director shall submit a statement setting forth the reasons for noncompliance. (4) Statement to accompany committee reports.--The economic and employment impact statement required by this subsection shall accompany each bill or joint resolution reported or otherwise considered on the floor of either House. Such statement shall be printed in the committee report upon timely submission to the committee. If not timely filed or otherwise unavailable for publication in the committee report, the economic and regulatory statement shall be published in the Congressional Record not less than 2 calendar days prior to any floor consideration of a bill or joint resolution subject to the provisions of this subsection by either House. (5) Committee statements optional.--Nothing in this subsection shall be construed to modify or otherwise affect the requirements of paragraph 11(b) of rule XXVI of the Standing Rules of the Senate, regarding preparation of an evaluation of regulatory impact. (d) Economic and Employment Impact Statement for Executive Branch Regulations.-- (1) Preparation.--Each Federal department or executive branch agency shall prepare an economic and employment impact statement, as described in paragraph (2), to accompany regulatory actions. (2) Contents.--The economic and employment impact statement required by paragraph (1) shall include the following: (A) An estimate of the numbers of individuals and businesses who would be regulated by the regulatory action and a determination of the groups and classes of such individuals and businesses. (B) A determination of the economic impact of such regulation on individuals, consumers, and businesses affected. (C)(i) An estimate of the costs which would be incurred by the private sector in carrying out or complying with such regulatory action in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for each such estimate. (ii) The estimate required by this subparagraph shall include specific data on costs on groups and classes of individuals and businesses, including small business and consumers, and employment impacts on those individuals and businesses. (D) An estimate of the costs that would be incurred by State and local governments, which shall include-- (i) an estimate of cost which would be incurred by State and local governments in carrying out or complying with the regulatory action in the fiscal year in which it is to become effective and in each of the 4 fiscal years following such fiscal year, together with the basis for such estimate; (ii) a comparison of the estimates of costs described in clause (i), with any available estimates of costs made by any Federal or State agency; (iii) if the agency determines that the regulatory action is likely to result in annual cost to State and local governments of $200,000,000 or more, or is likely to have exceptional fiscal consequences for a geographic region or a particular level of government, a statement by the agency detailing such results or consequences; and (iv) an evaluation of the extent of the costs of the Federal mandates arising from the regulatory action in comparison with funding assistance provided by the Federal Government to address the costs of complying with such mandates. (4) Report not available.--If compliance with the requirements of paragraph (1) is impracticable, the agency or department shall submit a statement setting forth the reasons for noncompliance. (5) Statement to accompany federal regulatory actions.--The economic and employment impact statement with respect to a regulatory action required by this subsection shall be published in the Federal Register together with the publication of such regulatory action. If the regulatory action is not published in the Federal Register, the economic and employment impact statement shall be made available to the public in a timely manner. (6) Definition of ``regulatory action''.--For purposes of this subsection, the term ``regulatory action'' means any substantive action by a Federal agency (required to be or customarily published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, notices of proposed rulemaking, interim final rules, and final rules and regulations. (e) Provision for National Security Emergency Waiver.-- (1) Congressional economic impact statements.--The Congress may waive the requirements of subsection (c) at any time in which a declaration of war is in effect, or in response to a national security emergency at the request of the President. (2) Executive regulations economic impact statements.--The President may waive the requirements of subsection (d) at any time in which a declaration of war is in effect, or in response to a national security emergency as determined by the President in consultation with Congress. | Economic and Employment Impact Act - Requires the Director of the Congressional Budget Office to prepare an economic and employment impact statement to accompany each bill or joint resolution reported by any congressional committee (except the Committee on Appropriations) or considered on the floor of either House. Requires such statement to include: (1) an estimate of the numbers of individuals and businesses who would be regulated by the legislation and their groups and classes; (2) the economic impact of such regulation on individuals, consumers, and businesses affected; and (3) an estimate of costs which would be incurred by the private sector in complying with such legislation in each of the five fiscal years after it is to become effective, together with the basis for each such estimate, and of costs which would be incurred by State and local governments. Requires the statement to be printed in the committee report and, if unavailable for such publication, published in the Congressional Record within two calendar days before any floor consideration of the legislation by either House. Requires each executive department and agency to prepare such a statement to accompany regulatory actions, publish the statement in the Federal Register together with the regulatory action, and make the statement available to the public if such action is not published in the Federal Register. Provides that nothing in this Act shall be construed to modify or otherwise affect the requirements of rule XXVI of the Standing Rules of the Senate regarding committee preparation of an evaluation of regulatory impact with respect to legislation. Requires the Director, department, or agency to submit a statement setting forth the reasons if it is impracticable to comply with this Act. Sets forth provisions authorizing a national security emergency waiver of Act requirements under specified circumstances. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Johnson-O'Malley Supplemental Indian Education Program Modernization Act''. SEC. 2. INDIAN EDUCATION PROGRAM STUDENT COUNT UPDATE. The Act of April 16, 1934 (25 U.S.C. 5342 et seq.) (commonly referred to as the Johnson-O'Malley Act) is amended by adding at the end the following: ``SEC. 7. COMPUTATION OF STUDENT COUNT. ``(a) Definitions.--For the purposes of this Act, the following definitions apply: ``(1) Contracting party.--The term `contracting party' means an entity that has a contract through a program authorized under this Act. ``(2) Eligible entity.--The term `eligible entity' means an entity that is eligible to apply for a contract for a supplemental or operational support program under this Act, as outlined in section 1. ``(3) Existing contracting party.--The term `existing contracting party' means a contracting party that has a contract under this Act that is in effect on the date of enactment of the JOM Modernization Act. ``(4) JOM modernization act.--The term `JOM Modernization Act' means the Johnson-O'Malley Supplemental Indian Education Program Modernization Act. ``(5) New contracting party.--The term `new contracting party' means an entity that enters into a contract under this Act after the date of enactment of the JOM Modernization Act. ``(6) Secretary.--The term `Secretary' means the Secretary of the Interior. ``(b) Determination of the Number of Eligible Indian Students.-- ``(1) Initial determinations.-- ``(A) In general.--The Secretary shall make an initial determination of the number of eligible Indian students served or potentially served by each eligible entity in accordance with subparagraph (B). ``(B) Process for making the initial determination.-- ``(i) Preliminary report.--Not later than 180 days after the date of enactment of the JOM Modernization Act, the Secretary shall publish a preliminary report describing the number of eligible Indian students served or potentially served by each eligible entity, using the most applicable and accurate data (as determined by the Secretary in consultation with eligible entities) from the fiscal year preceding the fiscal year for which the initial determination is to be made from-- ``(I) the Bureau of the Census; ``(II) the National Center for Education Statistics; or ``(III) the Office of Indian Education of the Department of Education. ``(ii) Data reconciliation.--To improve the accuracy of the preliminary report described in clause (i) prior to publishing, the Secretary shall reconcile the data described in the preliminary report with-- ``(I) each existing contracting party's data regarding the number of eligible Indian students served by the existing contracting party for the fiscal year preceding the fiscal year for which the initial determination is made; and ``(II) identifiable tribal enrollment information. ``(iii) Comment period.--After publishing the preliminary report under clause (i) in accordance with clause (ii), the Secretary shall establish a 60-day comment period to gain feedback about the preliminary report from eligible entities, which the Secretary shall take into consideration in preparing the final report described in clause (iv). ``(iv) Final report.--Not later than 120 days after concluding the consultation described in clause (iii), the Secretary shall publish a final report on the initial determination of the number of eligible Indian students served or potentially served by each eligible entity, including justification for not including any feedback gained during such consultation, if applicable. ``(2) Subsequent academic years.--For each academic year following the fiscal year for which an initial determination is made under paragraph (1) to determine the number of eligible Indian students served or potentially served by a contracting party, the Secretary shall determine the number of eligible Indian students served by the contracting party based on the reported eligible Indian student count numbers identified through the reporting process described in subsection (c). ``(c) Contracting Party Student Count Reporting Compliance.-- ``(1) In general.--For each academic year following the fiscal year for which an initial determination is made under subsection (b) to determine the number of eligible Indian students served or potentially served by a contracting party, the contracting party shall submit to the Secretary a report describing the number of eligible Indian students who were served using amounts allocated to such party under this Act during the previous fiscal year. The report shall also include an accounting of the amounts and purposes for which the contract funds were expended. ``(2) Failure to comply.--A contracting party that fails to submit a report under paragraph (1) shall receive no amounts under this Act for the fiscal year following the academic year for which the report should have been submitted. ``(3) Notice.--The Secretary shall provide contracting parties with timely information relating to-- ``(A) initial and final reporting deadlines; and ``(B) the consequences of failure to comply outlined in paragraph (2). ``(4) Technical assistance.--The Secretary, acting through the Director of the Bureau of Indian Education, shall provide technical assistance and training on compliance with the reporting requirements of this subsection to contracting parties. ``(d) Annual Report.-- ``(1) In general.--The Secretary shall prepare an annual report, including the most recent determination of the number of eligible Indian students served by each contracting party, recommendations on appropriate funding levels for the program based on such determination, and an assessment of the contracts under this Act that the Secretary-- ``(A) may include in the budget request of the Department of the Interior for each fiscal year; ``(B) shall submit to-- ``(i) the Committee on Indian Affairs of the Senate; ``(ii) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; ``(iii) the Committee on Education and the Workforce of the House of Representatives; and ``(iv) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and ``(C) shall make publicly available. ``(2) Manner of preparation.--The Secretary shall prepare the report under paragraph (1) in a manner so as to prevent or minimize new administrative burdens on contracting parties receiving funds under this Act. ``(e) Hold Harmless.-- ``(1) Initial hold harmless.-- ``(A) In general.--Except as provided under subparagraph (B) and subject to subparagraphs (C) and (D), for a fiscal year, an existing contracting party shall not receive an amount under this Act that is less than the amount that such existing contracting party received under this Act for the fiscal year preceding the date of enactment of the JOM Modernization Act. ``(B) Exceptions.-- ``(i) In general.--An existing contracting party shall receive an amount under this Act for a fiscal year that is less than the amount that the existing contracting party received under this Act for the fiscal year preceding the date of enactment of the JOM Modernization Act, if one or more of the following conditions is met: ``(I) Failure to report.--The existing contracting party failed to submit a complete report described in subsection (c) that was most recently due from the date of the determination. ``(II) Violations of contract or law.--The Secretary has found that the existing contracting party has violated the terms of a contract entered into under this Act or has otherwise violated Federal law. ``(III) Student count decrease.--The number of eligible Indian students reported by such existing contracting party under subsection (c) has decreased below the number of eligible Indian students served by the existing contracting party in the fiscal year preceding the date of enactment of the JOM Modernization Act. ``(ii) Amount of funding reduction for existing contracting parties reporting decreased student counts.--A reduction in an amount pursuant to clause (i)(III) shall not be done in such a manner that the existing contracting party receives an amount of funding per eligible Indian student that is less than the amount of funding per eligible Indian student such party received for the fiscal year preceding the date of enactment of the JOM Modernization Act. ``(C) Ratable reductions in appropriations.--If the funds available under this Act for a fiscal year are insufficient to pay the full amounts that all existing contracting parties are eligible to receive under subparagraph (A) for the fiscal year, the Secretary shall ratably reduce those amounts for the fiscal year. ``(D) Sunset.--This paragraph shall cease to be effective 4 years after the date of enactment of the JOM Modernization Act. ``(2) Maximum decrease after 4 years.--Beginning 4 years after the date of enactment of the JOM Modernization Act, no contracting party shall receive for a fiscal year more than a 10 percent decrease in funding per eligible Indian student from the previous fiscal year. ``(f) Funding Allocation and Reform.-- ``(1) Funding reform.--The Secretary may make recommendations for legislation to increase the amount of funds available per eligible Indian student through contracts under this Act to equal to or greater than the amount of funds that were available per eligible Indian student through contracts under this Act for fiscal year 1995, and attempt to identify additional sources of funding that do not reallocate existing funds otherwise utilized by Indian students served-- ``(A) by the Bureau of Indian Education; or ``(B) under title VI of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7401 et seq.). ``(2) Increases in program funding.-- ``(A) In general.--Subject to subsection (e) and subparagraph (B), for any fiscal year for which the amount appropriated to carry out this Act exceeds the amount appropriated to carry out this Act for the preceding fiscal year, the excess amounts shall-- ``(i) be allocated only to those contracting parties that did not receive their full per student funding allocation for the previous fiscal year; and ``(ii) be allocated first to new contracting parties that did not receive their full per student funding allocation for the previous fiscal year. ``(B) Parity in funding.--Subparagraph (A) shall have no effect after the first fiscal year for which each contracting party receives their full per student funding allocation. ``(g) Increased Geographical and Tribal Participation in the Johnson-O'Malley Supplementary Education Program.--To the maximum extent practicable, the Secretary shall consult with Indian tribes and contact State educational agencies, local educational agencies, and Alaska Native organizations that have not previously entered into a contract under this Act-- ``(1) to determine the interest of the Indian tribes, State educational agencies, local educational agencies, and Alaska Native organizations, in entering into such contracts; and ``(2) to share information relating to the process for entering into a contract under this Act. ``(h) Rulemaking.-- ``(1) In general.--Not later than 1 year after the date of enactment of the JOM Modernization Act, the Secretary, acting through the Director of the Bureau of Indian Education, shall undertake and complete a rulemaking process, following the provisions of subchapter II of chapter 5 of title 5, United States Code, to-- ``(A) determine how the regulatory definition of `eligible Indian student' may be revised to clarify eligibility requirements for contracting parties under this Act; ``(B) determine, as necessary, how the funding formula described in section 273.31 of title 25, Code of Federal Regulations (as in effect on the day before the date of enactment of the JOM Modernization Act) may be clarified and revised to ensure full participation of contracting parties and provide clarity on the funding process under this Act; and ``(C) otherwise reconcile and modernize the rules to comport with the activities of the contracting parties under this Act as of the date of enactment of the JOM Modernization Act. ``(2) Report.--Not later than 30 days after the date the rulemaking under paragraph (1) is complete, the Secretary shall submit a report to Congress describing the results of such rulemaking and necessary recommendations to ensure the full implementation of such rulemaking. ``(i) Student Privacy.--The Secretary shall ensure that data is collected and each report is prepared under this section in a manner that protects the rights of eligible Indian students in accordance with section 444 of the General Education Provisions Act (commonly referred to as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g). ``(j) GAO Report.--Not later than 18 months after the final report described in subsection (b)(1)(B)(iv) is published, the Comptroller General shall-- ``(1) conduct a review of the implementation of this section during the preceding 2-year period, including any factors impacting-- ``(A) the accuracy of the determinations of the number of eligible Indian students under this section; ``(B) the communication between the Bureau of Indian Education and contracting parties; and ``(C) the efforts by the Bureau of Indian Education to ensure accurate and sufficient distribution of funding for Indian students; ``(2) submit a report describing the results of the review under paragraph (1) to-- ``(A) the Committee on Indian Affairs of the Senate; ``(B) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the Senate; ``(C) the Subcommittee on Indian, Insular and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives; and ``(D) the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations of the House of Representatives; and ``(3) make such report publicly available. ``(k) Effect.--Nothing in this section-- ``(1) creates a new program or duplicates program activities under this Act; or ``(2) replaces or diminishes the effect of regulations to carry out this Act existing on the day before the date of enactment of the JOM Modernization Act, unless expressly provided in this section.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Johnson-O'Malley Supplemental Indian Education Program Modernization Act This bill requires the Department of the Interior to annually update the count of Indian students eligible for the Johnson-O'Malley Program (JOM Program). The JOM Program awards contracts to tribal organizations, schools, states, and others to support the cultural and academic needs of Indian students. The contract amounts are based on the number of students served. Contracting parties must annually report to Interior on the number of students they serve. If they fail to submit the report, then Interior may not give them program funds for the next fiscal year. The bill sets forth a process to revise funding allocations provided under the program. Interior must consult with Indian tribes and state and local education agencies that have not participated in the program to determine their interest in entering into contracts. The Bureau of Indian Education must determine how: (1) the regulatory definition of eligible student may be clarified for contracting parties, and (2) the program funding formula may be updated to ensure the full participation of contracting parties and provide clarity on the funding process. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Next Generation Homes Act of 2009''. SEC. 2. MODIFICATION OF NEW ENERGY EFFICIENT HOME CREDIT. (a) In General.-- (1) Modification of credit amount.--Paragraph (2) of section 45L(a) of the Internal Revenue Code of 1986 (relating to applicable amount) is amended to read as follows: ``(2) Applicable amount.--For purposes of paragraph (1), the applicable amount is an amount equal to-- ``(A) in the case of an Energy Star Home, $700, ``(B) in the case of an Energy Plus Home, $2,000, ``(C) in the case of an Energy Saver Home, $5,000, and ``(D) in the case of Zero Energy Home, $10,000.''. (2) Modification of energy saving requirement.--Subsection (c) of section 45L of such Code is amended to read as follows: ``(c) Energy Savings Requirements.-- ``(1) In general.--A dwelling unit meets the energy savings requirements of this subsection if such unit is described in paragraph (2). ``(2) Applicable dwelling units.--For purposes of this section-- ``(A) Energy star home.--The term `Energy Star Home' means a dwelling unit which meets the requirements established by the Administrator of the Environmental Agency under the Energy Star Labeled Homes program. ``(B) Energy plus home.--The term `Energy Plus Home' means a dwelling unit which is certified under the most recent Mortgage Industry National Home Energy Rating Systems Standards as having a relative energy use index value of more than 50, but not more than 70. ``(C) Energy saver home.--The term `Energy Saver Home' means a dwelling unit which meets the requirements of subparagraph (B) applied by substituting `0' for `50' and `50' for `70'. ``(D) Zero energy home.--The term `Zero Energy Home' means a dwelling unit which meets the requirements of subparagraph (B) applied by substituting `0' for `more than 50, but not more than 70'.''. (3) Modification of termination.--Subsection (g) of section 45L of such Code (relating to termination) is amended to read as follows: ``(g) Termination.--This section shall not apply to any qualified new energy efficient home acquired after-- ``(1) in the case of an Energy Star Home, December 31, 2011, ``(2) in the case of a Energy Star Home, December 31, 2013, ``(3) in the case of a Energy Plus Home, December 31, 2015, and ``(4) in the case of a Zero Energy Home, December 31, 2018.''. (b) Effective Date.--The amendments made by this section shall apply to new energy efficient homes acquired after December 31, 2008. SEC. 3. ENERGY EFFICIENT RESIDENCE CREDIT. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: ``SEC. 25E. ENERGY EFFICIENT RESIDENCE CREDIT. ``(a) In General.--In the case of an individual who purchases a qualified energy efficient residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the applicable amount determined under subsection (c). ``(b) Qualified Energy Efficient Residence.--For purposes of this section, the term `qualified energy efficient residence' means any principal residence (within the meaning of section 121) of the taxpayer which is an Energy Star Home, Energy Plus Home, Energy Saver Home, or Zero Energy Home (as each is defined in section 45L(c)(2)). ``(c) Applicable Amount.--For purposes of this section-- ``(1) In general.--The applicable amount shall be-- ``(A) in the case of an Energy Star Home, $700, ``(B) in the case of an Energy Plus Home, $2,000, ``(C) in the case of an Energy Saver Home, $5,000, and ``(D) in the case of Zero Energy Home, $10,000. ``(2) Married filing separately.--In the case of a married individual filing a separate return, the applicable amount shall be 50 percent of the amount in effect under paragraph (1) applicable to the qualified energy efficient home involved. ``(3) Other individuals.--If two or more individuals who are not married purchase a principal residence, the amount of the credit allowed under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe, except that the total amount of the credits allowed to all such individuals shall not exceed the amount in effect under paragraph (1) applicable to the qualified energy efficient home involved. ``(d) Definition and Special Rules.--For purposes of this section-- ``(1) Purchase.--The term `purchase' shall have the meaning given such term by section 36. ``(2) Rules made applicable.--Rules similar to the rules of subsections (d) and (f) of section 36 shall apply. For purposes of the preceding sentence, such subsection (f) shall be applied without regard to paragraph (4)(D) thereof. ``(e) Termination.--This section shall not apply to any qualified energy efficient residence purchased after-- ``(1) in the case of an Energy Star Home, December 31, 2011, ``(2) in the case of a Energy Star Home, December 31, 2013, ``(3) in the case of a Energy Plus Home, December 31, 2015, and ``(4) in the case of a Zero Energy Home, December 31, 2018.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Energy efficient residence credit.''. (c) Effective Date.--The amendments made by this section shall apply to residences purchased after the date of the enactment of this Act. | Next Generation Homes Act of 2009 - Amends the Internal Revenue Code to: (1) increase the dollar limits on the new energy efficient home tax credit and revise the energy savings requirements for such credit; and (2) allow a new tax credit for the purchase of an energy efficient principal residence. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Second Opinion Coverage Act of 2002''. SEC. 2. COVERAGE OF SECOND OPINIONS. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE OF SECOND OPINIONS. ``(a) In General.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide that when requested by a participant, beneficiary, or enrollee or participating health care professional who is treating the participant, beneficiary, or enrollee, the plan or issuer shall provide or authorize a second opinion by an appropriately qualified health care professional. Reasons for a second opinion to be provided or authorized include the following: ``(1) If the participant, beneficiary, or enrollee questions the reasonableness or necessity of recommended surgical procedures. ``(2) If the participant, beneficiary, or enrollee questions a diagnosis or plan of care for a condition that threatens loss of life, loss of limb, loss of bodily function, or substantial impairment, including a serious chronic condition. ``(3) If the clinical indications are not clear or are complex and confusing, a diagnosis is in doubt due to conflicting test results, or the treating health care professional is unable to diagnose the condition, and the participant, beneficiary, or enrollee requests and additional diagnosis. ``(4) If the treatment plan in progress is not improving the medical condition of the participant, beneficiary, or enrollee within an appropriate period of time given the diagnosis and plan of care and the participant, beneficiary, or enrollee requests a second opinion regarding the diagnosis or continuance of the treatment. ``(5) If the participant, beneficiary, or enrollee has attempted to follow the plan of care or consulted with the initial provider concerning serious concerns about the diagnosis or plan of care. ``(b) Appropriately Qualified Health Care Professional Defined.-- For purposes of this section, an `appropriately qualified health care professional' is a primary care physician or a specialist who is acting within the professional's scope of practice and who possesses a clinical background, including training and expertise, related to the particular illness, disease, condition or conditions associated with the request for a second opinion. ``(c) Timely Rendering of Opinions.--If a participant, beneficiary, or enrollee or participating health care professional who is treating a participant, beneficiary, or enrollee requests a second opinion pursuant to this section, an authorization or denial shall be provided in an expeditious manner. When the condition of the participant, beneficiary, or enrollee is such that the individual faces an imminent and serious threat to health, including the potential loss of life, limb, or other major bodily function, or lack of timeliness that would be detrimental to the individual's ability to regarding maximum function, the second opinion shall be rendered in a timely fashion appropriate for the nature of the condition involved, but not to exceed 72 hours after the time of the plan's receipt of the request, whenever possible. Each plan or issuer shall file with the Secretary timelines for responding to requests for second opinions for cases involving emergency needs, urgent care, and other requests by not later than 90 days after the date of the enactment of this section, and within 30 days of any amendment to the timelines. The timelines shall be made available to the public upon request. ``(d) Limitation on Liability for Costs.--If a group health plan, or health insurance issuer offering a group health insurance in connection with such a plan, approves a request by a participant, beneficiary, or enrollee for a second opinion, the participant, beneficiary, or enrollee shall be responsible only for the costs of applicable copayments that the group health plan or issuer requires for similar referrals. ``(e) Primary Care Requests.--If the participant, beneficiary, or enrollee is requesting a second opinion about care from the individual's primary care physician, the second opinion shall be provided by an appropriately qualified halth care profession of the individual's choice within the same physician organization. ``(f) Specialists.--If the participant, beneficiary, or enrollee is requesting a second opinion about care from a specialist, the second opinion shall be provided by any provider of that individual's choice from any independent practice association or medical group within the network of the same or equivalent specialty. If the specialist is not within the same physician organization, the plan or issuer shall incur the cost or negotiate the fee arrangements of that second opinion, beyond the applicable copayments which shall be paid by the participant, beneficiary, or enrollee. If not authorized by the plan or issuer, additional medical opinions not within the original physician organization shall be the responsibility of the enrollee. ``(g) Use of Outside Plan Consultants.--If there is no participating provider under the plan or coverage within the network who meets the standard specified in subsection (b), then the plan or issuer shall authorize a second opinion by an appropriately qualified health professional outside of the plan's or issuer's provider network. In approving a second opinion either inside or outside of the plan's or issuer's provider network, the plan or issuer shall take into account the ability of the participant, beneficiary, or enrollee to travel to the provider, but the plan or issuer is not liable for costs relating to such travel. ``(h) Consultation Reports.--The plan or issuer shall require the second opinion health professional to provide the participant, beneficiary, or enrollee and the initial health professional with a consultation report, including any recommended procedures or test that the second opinion health professional believes appropriate. Nothing in this section shall be construed to prevent the plan or issuer from authorizing, based on its independent determination, additional medical opinions concerning the medical condition of a participant, beneficiary, or enrollee. ``(i) Notice.--If the plan or issuer denies a request by a participant, beneficiary, or enrollee for a second opinion, it shall notify the participant, beneficiary, or enrollee in writing of the reasons for the denial and shall inform the participant, beneficiary, or enrollee of the rights to file a grievance with the plan. ``(j) Limitation to Participating Providers.--Unless authorized by the plan or issuer, in order for services to be covered the participant, beneficiary, or enrollee shall obtain services only from a provider who is participating in, or under contract with, the plan or issuer pursuant to the specific contract under which the participant, beneficiary, or enrollee is entitled to health care services. The plan or issuer may limit referrals to its network of providers if there is a participating plan provider who meets the standard specified in subsection (b). ``(k) Exemption.--This section shall not apply to health care service plan contracts that provide benefits to enrollees through preferred provider contracting arrangements if, subject to all other terms and conditions of the contract that apply generally to all other benefits, access to and coverage for second opinions are not limited. ``(l) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (B) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. COVERAGE OF SECOND OPINIONS. ``(a) Requirement.--The provisions of section 2707 shall apply under this subtitle to group health plans, and to group health insurance coverage offered by a health insurance issuer, in the same manner as they apply if such provisions were included in this subsection. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (D) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage of second opinions.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Coverage of second opinions.''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. COVERAGE OF SECOND OPINIONS. ``The requirements of section 2707 of the Public Health Service Act shall apply under this section as if such section were included herein.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE OF SECOND OPINIONS. ``(a) In General.--The provisions of section 2707 (other than subsection (l)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2003. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2003. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. | Second Opinion Coverage Act of 2002 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require group and individual health insurance coverage and group health plans to provide coverage for second opinions.Directs the Secretaries of Health and Human Services, of Labor, and of the Treasury to coordinate administration of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NAFTA Accountability Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Rising deficits in united states trade accounts.--One of the purposes of the North American Free Trade Agreement (NAFTA), as stated in the preamble, is to ``create an expanded and secure market'' for goods and services. Instead, NAFTA has resulted in a spiraling United States trade deficit with Mexico and Canada that exceeded $76,000,000,000 in 2015, and more than $1,800,000,000,000 since the agreement's inception. Rather than continuous development and expansion as envisioned and growing trade surpluses for the United States, NAFTA has resulted in United States job losses and escalating trade deficits. (2) Erosion of the united states manufacturing base.--One of the purposes of NAFTA is to enhance the competitiveness of firms in the global market. However, rather than increase the ability of the manufacturing sector in the United States to compete in the world market, NAFTA has facilitated and accelerated the outsourcing of United States manufacturing facilities and jobs to lower-wage Mexico. Conservatively, NAFTA has led to nearly 1,000,000 American job losses. Conversely, Mexico has become an export platform displacing United States production. An unprecedented flood of imports of manufactured and agricultural goods now enter the United States. Further, Mexico has experienced an outsourcing of productivity to even lower-wage China, as Chinese imports to Mexico have grown and are imported into the United States. (3) NAFTA should not be expanded.--Congress approved NAFTA in order to achieve economic, social, and environmental benefits for the people of the United States. Based on currently available information, the goals and objectives of NAFTA are not being achieved. Therefore, NAFTA should not be expanded to include any other country. (4) NAFTA to be renegotiated and benefits certified.--Based on the experience with NAFTA since its implementation, it has become evident that further negotiation is required to resolve fundamental inadequacies within NAFTA with respect to trade balances, currency differentials, health and environmental conditions, agricultural provisions, systems of justice, and illegal immigration. If NAFTA is to continue, Congress must require certification of specific measures of economic, social, legal, and environmental progress. Otherwise Congress has no choice but to withdraw its approval of NAFTA. SEC. 3. CONDITIONS FOR CONTINUED PARTICIPATION IN NAFTA. (a) In General.-- (1) Withdrawal of approval.--Notwithstanding any other provision of law, unless each of the conditions described in paragraph (2) is met-- (A) the approval of NAFTA by Congress provided for in section 101(a) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3311(a)) shall cease to be effective beginning on the date that is 365 days after the date of the enactment of this Act; and (B) not later than 6 months after the date of the enactment of this Act, the President shall provide written notice of withdrawal to the Governments of Canada and Mexico in accordance with Article 2205 of NAFTA. (2) Conditions for continuing participation in nafta.--The conditions described in this paragraph are met if, not later than 120 days after the date of the enactment of this Act-- (A) the President-- (i) renegotiates the terms of NAFTA in accordance with paragraphs (1), (2), and (3) of subsection (b); and (ii) provides the certification to Congress described in subsection (b)(8); (B) the Secretary of Labor and the Secretary of Agriculture provide the certification described in subsection (b)(4); (C) the Secretary of Commerce and the Secretary of Agriculture provide the certification described in subsection (b)(5); (D) the Secretary of Agriculture and the Administrator of the Food and Drug Administration provide the certification described in subsection (b)(6)(A); (E) the Administrator of the Environmental Protection Agency submits the certification described in subsection (b)(6)(B); and (F) the Attorney General of the United States provides the certification described in subsection (b)(7). (b) Areas of Renegotiation and Certification.--The areas of renegotiation and certification described in this subsection are as follows: (1) Renegotiate nafta to correct trade deficits.--The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA to provide for implementation of emergency adjustments of tariffs, quotas, and other measures to stabilize and balance the flow of trade among NAFTA Parties when the United States has an annual deficit in trade of goods and services with another NAFTA Party that-- (A) exceeds 10 percent of United States exports to that Party; or (B) equals or exceeds $500,000,000 for 3 or more consecutive years. (2) Renegotiate nafta to correct currency distortions.--The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA to provide for the implementation of emergency adjustments of tariffs, quotas, and other measures to mitigate the adverse effects of rapid or substantial changes in exchange rates between the United States dollar and the currency of another NAFTA Party. (3) Renegotiate nafta to correct agricultural provisions.-- The President is authorized and directed to confer with the Governments of Canada and Mexico and to renegotiate the terms of NAFTA to establish and strengthen provisions to prevent imports of agricultural commodities from any NAFTA Party from unfairly displacing United States production, to provide improved mechanisms for relief for United States producers that are adversely impacted by such imports, and to address the serious and growing problem of Mexico's displaced ejido peasant farmers and crime associated with lawlessness in the United States-Mexico border zone. (4) Certification of gains in united states jobs and living standards.--If the Secretary of Labor and the Secretary of Agriculture, after consultation with appropriate government agencies and citizen organizations, determine that-- (A) the number of jobs resulting from increased exports of United States goods and services to other NAFTA Parties exceeds the number of jobs lost because of imports of goods and services from other NAFTA Parties since January 1, 1994; and (B) the purchasing power of wage-earners in the United States has increased since January 1, 1994, the Secretaries shall so certify to Congress. (5) Certification of increased domestic manufacturing.--If the Secretary of Commerce and the Secretary of Agriculture, after consultation with the appropriate government agencies and citizen organizations, determine that the export of United States manufactured and agricultural goods to NAFTA Parties exceeds the imports of manufactured and agricultural goods from NAFTA Parties, the Secretaries shall so certify to Congress. In making the determination, the Secretaries shall not include any goods originating outside the United States that are exported to another NAFTA Party, nor imports from another NAFTA Party that are destined for other countries. (6) Certification relating to health and environmental standards.-- (A) In general.--If the Secretary of Agriculture and the Administrator of the Food and Drug Administration, after consultation with appropriate government agencies and citizen organizations, determine, with respect to imports from NAFTA Parties, that since January 1, 1994, there has been a reduced incidence of contaminated and adulterated food, food containing additives or pesticide residues exceeding United States standards, or food containing additives or pesticide residues which cannot be legally used in the United States, the Secretary and Administrator shall so certify to Congress. In making this determination, all foods and food products, including fruits, vegetables, grains, oilseeds, and meats, both fresh and processed, shall be reviewed. (B) Border area pollution.--If the Administrator of the Environmental Protection Agency determines that conditions affecting public health in the United States-Mexico border zone have not worsened since January 1, 1994, the Administrator shall so certify to Congress. (7) Certification relating to illegal drugs.--If the Attorney General of the United States determines, after a review by the Drug Enforcement Administration and consultation with appropriate government agencies and citizen organizations, that increased imports from NAFTA Parties are not resulting in an increase in crime with illegal drugs or other controlled substances from Mexico or Canada, the Attorney General shall so certify to Congress. (8) Certification relating to democracy and human freedoms.--If the President, after consultation with appropriate government agencies, international organizations, and citizen organizations, determines that the Government of Mexico-- (A) is elected in free and fair elections; (B) protects the rights of its citizens to organize into political parties; (C) protects the rights of its citizens to free speech and the right of the news media to operate without fear of government control or reprisal; (D) protects the rights of its citizens to assemble and to organize associations to advance human rights and economic opportunities; and (E) receives fair and impartial litigation of suits and trials according to the rule of law in a transparent justice system, the President shall so certify to Congress. SEC. 4. SENSE OF CONGRESS THAT NAFTA NOT BE EXPANDED. Until such time as the conditions described in section 3(b) are met, it is the sense of Congress that the President should not engage in negotiations to expand NAFTA to include other countries and that trade promotion authority should not be renewed with respect to the approval of any such expansion of NAFTA. SEC. 5. DEFINITIONS. In this Act: (1) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into between the United States, Canada, and Mexico on December 17, 1992. (2) NAFTA party.--The term ``NAFTA Party'' means the United States, Canada, or Mexico. (3) United states-mexico border zone.--The term ``United States-Mexico border zone'' means the area that comprises the 12-mile zone on the Mexican side of the United States-Mexico border and the counties within any State of the United States that are contiguous with Mexico. | NAFTA Accountability Act This bill provides that unless the specified conditions set forth in this bill are met: Congress withdraws its approval of the North American Free Trade Agreement (NAFTA) effective one year after enactment of this bill; and the President, not later than six months after this bill's enactment, shall provide written notice of withdrawal to the governments of Canada and Mexico. The bill requires the President to confer with the governments of Canada and Mexico and renegotiate NAFTA to correct: trade deficits, currency distortions, and the impact of agricultural imports on U.S. agricultural production. The bill also prescribes requirements for: gains in U.S. jobs and living standards, increased domestic manufacturing, health and environmental standards, a non-increase in crime with illegal drugs, and democracy and human freedoms in Mexico. The bill expresses the sense of Congress that, until the conditions set forth in this bill are met, the President should not engage in negotiations to expand NAFTA to include other countries, and trade promotion authority should not be renewed with respect to the approval of any such NAFTA expansion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Resilience Development Act of 2003''. SEC. 2. FINDINGS. The Congress finds as follows: (1) According to the Institute of Medicine of the National Academy of Sciences, the Department of Health and Human Services and the Department of Homeland Security should analyze terrorism preparedness to ensure that the public health infrastructure is prepared to respond to the psychological consequences of terrorism, and Federal, State, and local disaster planners should address these psychological consequences in their planning and preparedness for terrorist attacks. (2) Research concerning the psychological impact of ongoing terrorism in Israel published in the Journal of the American Medical Association and ongoing research undertaken by the National Institutes of Health demonstrate that there are effective ways to enhance resilience and minimize the damaging psychological impact of terrorism. (3) According to the New England Journal of Medicine, after September 11, 2001, Americans across the country, including children, had substantial symptoms of stress. Even clinicians who practice in regions that are far from the sites of the attacks should be prepared to assist people with trauma-related symptoms of stress. (4) According to Military Medicine, experiences from the 1995 chemical weapons attack by terrorists in the Tokyo subway system suggest that psychological casualties from a chemical attack will outnumber physical casualties by approximately 4 to 1. (5) According to the Journal of the American Medical Association, the lessons learned from the 2001 anthrax attacks should motivate local health departments, health care organizations, and clinicians to engage in collaborative programs to enhance their communications and local preparedness and response capabilities. (6) According to the National Advisory Committee on Children and Terrorism, it is important to recognize that the means through which the effects of terrorism are propagated are largely psychological and that it will generally be the terror generated by a major event, not the event itself, that will have the greatest long-term negative impact on children and families throughout the Nation. There is a great need for increased attention to the promotion of family and community resilience in terror and disaster planning. (7) According to ``Schools and Terrorism: A Supplement to the National Advisory Committee on Children and Terrorism Recommendations to the Secretary'', schools may or may not be the targets of terrorism, but they are certain to be affected by terrorism, because on any given weekday more than one-fifth of the United States population can be found in schools. Although the United States Department of Education strongly encourages every school to have an emergency management plan, few plans address how the school fits in with the larger public health and emergency management response to a community-wide event, such as a terrorist attack. (8) According to a national study by leading health care foundations, in this time of growing threats of terrorism, many doctors and other primary care providers are increasingly being confronted with patients who complain of aches and pains, or more serious symptoms, which mask serious anxiety or depression. (9) Substantial effort and funding are still needed to adequately understand and prepare for the psychological consequences associated with bioterrorism. (10) The integration of mental health into public health efforts, including integration and cooperation across Federal agencies and State public health and mental health authorities, is critical in addressing the psychological needs of the Nation with regard to terrorism. SEC. 3. GOALS. The goals of this Act are as follows: (1) To identify effective strategies to respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management and to integrate these strategies into the United States' plans to mitigate, plan for, respond to, and recover from potential and actual terrorist attacks. (2) To coordinate the efforts of different government agencies in researching, developing, and implementing programs and protocols designed to increase the psychological resilience and mitigate distress reactions and maladaptive behaviors of the American public as they relate to terrorism. (3) To facilitate the work of the Department of Homeland Security and other departments and agencies by incorporating programs and protocols designed to increase the psychological resilience of the American public and respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management, into those Departments' and agencies' efforts in reducing the vulnerability of the United States to terrorism. (4) To enable the States and localities to effectively respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management and to integrate appropriate strategies into their terrorism planning, preparedness, and response efforts. (5) To integrate mental health and public health emergency preparedness and response efforts in the United States. SEC. 4. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 319K the following: ``SEC. 319L. INTERAGENCY TASK FORCE ON NATIONAL RESILIENCE. ``(a) Establishment.--The Secretary shall convene and lead an interagency task force for the purpose of increasing the psychological resilience of the American public and improving the ability of Federal, State, and local governments to respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. ``(b) Members.--The task force convened under this section shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Institute of Mental Health, the Administrator of the Substance Abuse and Mental Health Services Administration, the Administrator of the Health Resources and Services Administration, the Director of the Office of Public Health Emergency Preparedness, the Surgeon General of the Public Health Service, and such other members as the Secretary deems appropriate. ``(c) Duties.--The duties of the task force convened under this section shall include the following: ``(1) Coordinating and facilitating the efforts of the Centers for Disease Control and Prevention, the National Institute of Mental Health, the Substance Abuse and Mental Health Services Administration, the Health Resources and Services Administration, the Office of Public Health Emergency Preparedness, and the Office of the Surgeon General of the Public Health Service in their endeavors to develop and implement programs and protocols designed to increase the psychological resilience of the American public and respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management, including by integrating appropriate strategies into the Department of Health and Human Service's terrorism preparedness, response, and recovery efforts. ``(2) Consulting with, and providing guidance to, the Department of Homeland Security to integrate into its efforts in reducing the vulnerability of the United States to terrorism, programs and protocols designed to increase the psychological resilience of the American public and respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. ``(3) Consulting with the Department of Defense, the Department of Veterans Affairs, the Department of Labor, the American Red Cross, national organizations of health care and health care providers, national organizations representing public safety officials, and such other organizations and agencies as the task force deems appropriate to advance understanding of successful strategies to respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management and to coordinate implementation of such strategies. ``(4) Consulting with the Department of Education on the impact of terrorism on children and schools' role in the development, implementation, and coordination of strategies to increase children's psychological resilience and respond to the behavioral, cognitive, and emotional impacts of terrorism. ``(5) Consulting with and providing guidance to the States and local governments for the purpose of enabling them to effectively respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. ``(6) Developing strategies for encouraging State and local public health and mental health agencies to closely collaborate in the development of integrated, science-based programs and protocols designed to increase the psychological resilience of the American public and respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. ``(7) Preparing and presenting to the Secretary of Health and Human Services and the Secretary of Homeland Security specific recommendations on how their respective departments, agencies, and offices can strengthen existing and planned terrorism preparedness, response, recovery, and mitigation initiatives by integrating programs and protocols designed to increase the psychological resilience of the American public and respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. ``(d) Meetings.--The task force convened under this section shall meet not less than 4 times each year. ``(e) Staff.--The Secretary shall staff the task force as necessary to ensure it is able to perform the duties described in subsection (c).''. SEC. 5. ACTIVITIES OF STATES, DISTRICT OF COLUMBIA, AND TERRITORIES REGARDING NATIONAL RESILIENCE. (a) Public Health Service Act.--Subsection (d) of section 319C-1 of the Public Health Service Act (42 U.S.C. 247d-3a) is amended by inserting after paragraph (18) the following: ``(19) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. (b) USA Patriot Act.--Subsection (b) of section 1014 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 3714) is amended-- (1) by striking ``may be used to purchase'' and inserting ``may be used for the following: ``(1) To purchase''; (2) by striking ``In addition, grants under this section may be used to construct'' and inserting the following: ``(2) To construct''; and (3) by inserting at the end the following: ``(3) To enable State mental health authorities, in close collaboration with the respective State public health authorities and the interagency task force convened under section 319L of the Public Health Service Act, to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigating distress reactions and maladaptive behaviors that could occur in response to a conventional, biological, chemical, or radiological attack on the United States.''. SEC. 6. EFFORTS BY FEMA REGARDING NATIONAL RESILIENCE. Paragraph (2) of section 507(a) of the Homeland Security Act of 2002 (6 U.S.C. 317(a)) is amended-- (1) in subparagraph (A), by inserting ``, including the risk of psychological injury'' before the semicolon; (2) in subparagraph (B), by inserting ``and the psychological consequences of trauma'' before the semicolon; and (3) in subparagraph (D), by inserting ``overcome the psychological consequences of trauma,'' before ``life,''. SEC. 7. ANNUAL REPORT BY SECRETARIES OF HHS AND HOMELAND SECURITY. Not less than 1 year after the date of the enactment of this Act and annually thereafter, the Secretary of Health and Human Services and the Secretary of Homeland Security, acting jointly, shall submit a report to the Congress that includes the following: (1) The recommendations of the interagency task force convened under section 319L of the Public Health Service Act (as amended by section 4 of this Act) that are relevant to the Department of Health and Human Services or the Department of Homeland Security. (2) A description of the steps that have or have not been taken by each Federal department to implement the recommendations described in paragraph (1). (3) Thorough explanations for rejection of any recommendations made by the interagency task force convened under section 319L. (4) Other steps undertaken to meet the goals of this Act. | National Resilience Development Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to convene and lead an interagency task force to increase the psychological resilience of the American public and improve the ability of Federal, State and local governments to respond to the behavioral, cognitive, and emotional impacts of terrorism and their implications for disaster management. Amends the Act and Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA Patriot Act) of 2001 and the Public Health Service Act to permit certain grants to be used to enable mental health authorities to better understand and manage human emotional, behavioral, and cognitive responses to disasters, including by increasing the psychological resilience of the public and mitigate distress reactions and maladaptive behavior that could occur in response to a conventional, biological, chemical or radiological attack on the United States. Amends the Homeland Security Act of 2002 to direct the Federal Emergency Management Agency to integrate into its functions efforts to mitigate, plan, and recover from psychological injury and consequences of trauma. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Advance Directives Improvement and Education Act of 2004''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Medicare coverage of end-of-life planning consultations. Sec. 4. Improvement of policies related to the use and portability of advance directives. Sec. 5. Increasing awareness of the importance of end-of-life planning. Sec. 6. GAO studies and reports on end-of-life planning issues. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) Every year 2,500,000 people die in the United States. Eighty percent of those people die in institutions such as hospitals, nursing homes, and other facilities. Chronic illnesses, such as cancer and heart disease, account for 2 out of every 3 deaths. (2) In January 2004, a study published in the Journal of the American Medical Association concluded that many people dying in institutions have unmet medical, psychological, and spiritual needs. Moreover, family members of decedents who received care at home with hospice services were more likely to report a favorable dying experience. (3) In 1997, the Supreme Court of the United States, in its decisions in Washington v. Glucksberg and Vacco v. Quill, reaffirmed the constitutional right of competent adults to refuse unwanted medical treatment. In those cases, the Court stressed the use of advance directives as a means of safeguarding that right should those adults become incapable of deciding for themselves. (4) A study published in 2002 estimated that the overall prevalence of advance directives is between 15 and 20 percent of the general population, despite the passage of the Patient Self-Determination Act in 1990, which requires that health care providers tell patients about advance directives. (5) Competent adults should complete advance care plans stipulating their health care decisions in the event that they become unable to speak for themselves. Through the execution of advance directives, including living wills and durable powers of attorney for health care according to the laws of the State in which they reside, individuals can protect their right to express their wishes and have them respected. (b) Purposes.--The purposes of this Act are to improve access to information about individuals' health care options and legal rights for care near the end of life, to promote advance care planning and decisionmaking so that individuals' wishes are known should they become unable to speak for themselves, to engage health care providers in disseminating information about and assisting in the preparation of advance directives, which include living wills and durable powers of attorney for health care, and for other purposes. SEC. 3. MEDICARE COVERAGE OF END-OF-LIFE PLANNING CONSULTATIONS. (a) Coverage.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)), as amended by section 642(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2322), is amended-- (1) in subparagraph (Y), by striking ``and'' at the end; (2) in subparagraph (Z), by inserting ``and'' at the end; and (3) by adding at the end the following new subparagraph: ``(AA) end-of-life planning consultations (as defined in subsection (bbb));''. (b) Services Described.--Section 1861 of the Social Security Act (42 U.S.C. 1395x), as amended by section 706(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2339), is amended by adding at the end the following new subsection: ``End-of-Life Planning Consultation ``(bbb) The term `end-of-life planning consultation' means physicians' services-- ``(1) consisting of a consultation between the physician and an individual regarding-- ``(A) the importance of preparing advance directives in case an injury or illness causes the individual to be unable to make health care decisions; ``(B) the situations in which an advance directive is likely to be relied upon; ``(C) the reasons that the development of a comprehensive end-of-life plan is beneficial and the reasons that such a plan should be updated periodically as the health of the individual changes; ``(D) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decision maker (health care proxy); and ``(E) whether or not the physician is willing to follow the individual's wishes as expressed in an advance directive; and ``(2) that are furnished to an individual on an annual basis or immediately following any major change in an individual's health condition that would warrant such a consultation (whichever comes first).''. (c) Waiver of Deductible and Coinsurance.-- (1) Deductible.--The first sentence of section 1833(b) of the Social Security Act (42 U.S.C. 1395l(b)) is amended-- (A) by striking ``and'' before ``(6)''; and (B) by inserting before the period at the end the following: ``, and (7) such deductible shall not apply with respect to an end-of-life planning consultation (as defined in section 1861(bbb))''. (2) Coinsurance.--Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) in clause (N), by inserting ``(or 100 percent in the case of an end-of-life planning consultation, as defined in section 1861(bbb))'' after ``80 percent''; and (B) in clause (O), by inserting ``(or 100 percent in the case of an end-of-life planning consultation, as defined in section 1861(bbb))'' after ``80 percent''. (d) Payment for Physicians' Services.--Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)), as amended by section 611(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2304), is amended by inserting ``(2)(AA),'' after ``(2)(W),''. (e) Frequency Limitation.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395y(a)(1)), as amended by section 613(c) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173; 117 Stat. 2306), is amended-- (1) by striking ``and'' at the end of subparagraph (L); (2) by striking the semicolon at the end of subparagraph (M) and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(N) in the case of end-of-life planning consultations (as defined in section 1861(bbb)), which are performed more frequently than is covered under paragraph (2) of such section;''. (f) Effective Date.--The amendments made by this section shall apply to services furnished on or after January 1, 2005. SEC. 4. IMPROVEMENT OF POLICIES RELATED TO THE USE AND PORTABILITY OF ADVANCE DIRECTIVES. (a) Medicare.--Section 1866(f) of the Social Security Act (42 U.S.C. 1395cc(f)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B), by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (3), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following new paragraph: ``(5)(A) In addition to the requirements of paragraph (1), a provider of services, Medicare Advantage organization, or prepaid or eligible organization (as the case may be) shall give effect to an advance directive executed outside the State in which such directive is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented to the same extent as such provider or organization would give effect to an advance directive that meets such requirements, except that a provider or organization may decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Nothing in this paragraph shall be construed to authorize the administration of medical treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes.''. (b) Medicaid.--Section 1902(w) of the Social Security Act (42 U.S.C. 1396a(w)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by striking ``in the individual's medical record'' and inserting ``in a prominent part of the individual's current medical record''; and (ii) by inserting ``and if presented by the individual (or on behalf of the individual), to include the content of such advance directive in a prominent part of such record'' before the semicolon at the end; (B) in subparagraph (D), by striking ``and'' after the semicolon at the end; (C) in subparagraph (E), by striking the period at the end and inserting ``; and''; and (D) by inserting after subparagraph (E) the following new subparagraph: ``(F) to provide each individual with the opportunity to discuss issues relating to the information provided to that individual pursuant to subparagraph (A) with an appropriately trained professional.''; (2) in paragraph (4), by striking ``a written'' and inserting ``an''; and (3) by adding at the end the following paragraph: ``(6)(A) In addition to the requirements of paragraph (1), a provider or organization (as the case may be) shall give effect to an advance directive executed outside the State in which such directive is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented to the same extent as such provider or organization would give effect to an advance directive that meets such requirements, except that a provider or organization may decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Nothing in this paragraph shall be construed to authorize the administration of medical treatment otherwise prohibited by the laws of the State in which the directive is presented. ``(B) The provisions of this paragraph shall preempt any State law to the extent such law is inconsistent with such provisions. The provisions of this paragraph shall not preempt any State law that provides for greater portability, more deference to a patient's wishes, or more latitude in determining a patient's wishes.''. (c) Effective Dates.-- (1) In general.--Subject to paragraph (2), the amendments made by subsections (a) and (b) shall apply to provider agreements and contracts entered into, renewed, or extended under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), and to State plans under title XIX of such Act (42 U.S.C. 1396 et seq.), on or after such date as the Secretary of Health and Human Services specifies, but in no case may such date be later than 1 year after the date of enactment of this Act. (2) Extension of effective date for state law amendment.-- In the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) which the Secretary of Health and Human Services determines requires State legislation in order for the plan to meet the additional requirements imposed by the amendments made by subsection (b), the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session is considered to be a separate regular session of the State legislature. SEC. 5. INCREASING AWARENESS OF THE IMPORTANCE OF END-OF-LIFE PLANNING. Title III of the Public Health Service Act is amended by adding at the end the following new part: ``PART R--PROGRAMS TO INCREASE AWARENESS OF ADVANCE DIRECTIVE PLANNING ISSUES ``SEC. 399Z-1. ADVANCE DIRECTIVE EDUCATION CAMPAIGNS AND INFORMATION CLEARINGHOUSES. ``(a) Advance Directive Education Campaign.--The Secretary shall, directly or through grants awarded under subsection (c), conduct a national public education campaign-- ``(1) to raise public awareness of the importance of planning for care near the end of life; ``(2) to improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; ``(3) to explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and ``(4) to educate the public about the availability of hospice care and palliative care. ``(b) Information Clearinghouse.--The Secretary, directly or through grants awarded under subsection (c), shall provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions. ``(c) Grants.-- ``(1) In general.--The Secretary shall use at least 60 percent of the funds appropriated under subsection (d) for the purpose of awarding grants to public or nonprofit private entities (including States or political subdivisions of a State), or a consortium of any of such entities, for the purpose of conducting education campaigns under subsection (a) and establishing information clearinghouses under subsection (b). ``(2) Period.--Any grant awarded under paragraph (1) shall be for a period of 3 years. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $25,000,000.''. SEC. 6. GAO STUDIES AND REPORTS ON END-OF-LIFE PLANNING ISSUES. (a) Study and Report on Compliance With Advance Directives and Other Advance Planning Documents.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the effectiveness of advance directives in making patients' wishes known and honored by health care providers. (2) Report.--Not later than the date that is 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on this study conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. (b) Study and Report on Establishment of National Advance Directive Registry.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the implementation of the amendments made by section 3 (relating to medicare coverage of end-of-life planning consultations). (2) Report.--Not later than 2 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on this study conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. (c) Study and Report on Establishment of National Advance Directive Registry.-- (1) Study.--The Comptroller General of the United States shall conduct a study on the feasibility of a national registry for advance directives, taking into consideration the constraints created by the privacy provisions enacted as a result of the Health Insurance Portability and Accountability Act. (2) Report.--Not later than 18 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on this study conducted under paragraph (1) together with recommendations for such legislation and administrative action as the Comptroller General determines to be appropriate. | Advance Directives Improvement and Education Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for Medicare coverage of end-of-life planning consultations. Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the State in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under Medicaid, title XIX of the Social Security Act. Amends the Public Health Service Act to provide for grant programs to increase awareness of advance directive planning issues. Directs the Secretary to conduct a national public education campaign to: (1) raise public awareness of the importance of planning for care near the end of life; (2) improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; (3) explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and (4) educate the public about the availability of hospice care and palliative care. Directs the Secretary to provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions. Requires General Accounting Office studies and reports on end-of-life planning issues. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Families Learning and Understanding English Together Act of 2005''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Census Bureau reports that 17.9 percent of United States households speak a language other than English at home. (2) Many parents in many recently-immigrated families speak little to no English, possess low literacy skills in their native language due to limited education, and frequently struggle to assist their children's English language development. (3) The United States is a nation of immigrants, and even today, according to the 2004 update of the Census, over 34,000,000 individuals who live in the United States were born outside the country. SEC. 3. PURPOSE. The purpose of this Act is to improve the educational, social, and economic advancement of families with limited English proficient individuals in need of literacy skills by expanding and enhancing family literacy services for such families. SEC. 4. COMPETITIVE GRANT PROGRAM. (a) Program Authorized.--From funds made available pursuant to section 8, and after reserving funds under section 5, the Secretary may award grants to family literacy providers to provide, directly or through a contract with another provider, family literacy services designed for families with limited English proficient individuals. Each grant under this Act shall be for a period of 1 year and may be renewed for a total of 5 additional years. (b) Application.--Family literacy providers who desire to receive a grant under this Act shall submit an application at such time, containing such information, and in such manner as the Secretary may require. Such application shall include the following: (1) An assurance that services provided with funds under this Act shall be provided to the hardest-to-reach populations, including populations with the greatest economic and social need. (2) A description of the services that will be provided with funds under this Act, including how the services will be based on scientifically based reading research. (3) A description of the outcome measures, consistent with section 6, that are based on scientifically based research and will be employed by the family literacy provider to measure the effectiveness of services provided with funds under this Act. (4) An assurance that, in providing family literacy services through the grant, the family literacy provider will collaborate with one or more of the following: (A) A local educational agency. (B) An elementary school. (C) A secondary school. (D) A nonprofit entity. (c) Grant Amount.--The amount of a grant under this Act for a fiscal year shall not be less than $150,000 or more than $1,000,000. (d) Matching Funds.--The Secretary may not award a grant under this Act to an applicant unless the applicant agrees to provide, from funds derived from non-Federal sources, matching funds in an amount that is not less than 20 percent of the amount of the grant. Such matching funds may be provided in the form of in-kind contributions. (e) Services Requirements.--Family literacy services under this Act shall be provided in sufficient intensity in terms of hours, and shall be of sufficient duration, to make sustainable changes in a family and shall integrate all of the following activities: (1) Interactive literacy activities between parents and their children. (2) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (3) Parent literacy training that leads to economic self- sufficiency. (4) An age-appropriate education to prepare children for success in school and life experiences. (f) Special Rule.--Family literacy services under this Act may be provided to a family only if-- (1) each parent in the family has attained 16 years of age; and (2) the family has at least one child from birth who has not yet attained 8 years of age. SEC. 5. RESERVATIONS. (a) Technical Assistance and Training.--From funds made available pursuant to section 8 for a fiscal year, the Secretary shall reserve $3,000,000 to provide, directly or through a grant, contract, or cooperative agreement with an entity that has experience in the development and operation of successful family literacy services programs, technical assistance and training for the purpose of-- (1) assisting grantees that provide family literacy services to improve the quality of such services; and (2) enabling grantees that demonstrate the effective provision of family literacy services, based on improved outcomes for children and their parents, to provide technical assistance and training to other agencies and to service providers that work in collaboration with such agencies to provide family literacy services. (b) Evaluation.--From funds made available pursuant to section 8 for a fiscal year, the Secretary shall reserve not more than 2 percent of such funds for the purpose of conducting an annual evaluation of the grant program conducted under this Act. Such evaluation shall be used by the Secretary-- (1) for program improvement; (2) to further define the program's goals and objectives; and (3) to determine program effectiveness. SEC. 6. OUTCOME MEASURES. The Secretary shall require each family literacy provider receiving a grant under this Act to meet culturally appropriate and competent outcome measures described in the provider's application under section 4, including outcome measures with respect to-- (1) acquisition of the English language, including improved educational levels; (2) improved parenting and life skills; (3) the improved ability of parents with limited English proficiency to effectively interact with officials of the schools their children attend; (4) reduced dependency on welfare; (5) increased employment opportunities or hours; (6) improved developmental skills and independent learning of the children; and (7) increased parental participation in their children's education and home environments that are supportive of educational endeavors. SEC. 7. DEFINITIONS. For purposes of this Act: (1) Application of esea terms.--The terms ``elementary school'', ``limited English proficient'', ``local educational agency'', ``scientifically based research'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). The term ``scientifically based reading research'' has the meaning given such term in section 1208 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6368). (2) Family literacy provider.--The term ``family literacy provider'' means an entity that-- (A) is located in a geographic area containing at least one public elementary school or secondary school with a majority enrollment of children with limited English proficiency; and (B) is one of the following: (i) A current grantee 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.) (commonly referred to as ``William F. Goodling Even Start Family Literacy Programs''), the Head Start Act (42 U.S.C. 9831 et seq.), or any other Federal or State early childhood program. (ii) An adult education provider. (iii) A local educational agency. (iv) A public or private nonprofit agency. (v) Another entity that has the demonstrated ability to provide family literacy services to adults and families. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $50,000,000 for each of fiscal years 2006 through 2011. | Families Learning and Understanding English Together Act of 2005 - Authorizes the Secretary of Education to make grants to providers of family literacy services to improve the literacy and English skills of limited English proficient individuals who are parents or children in families where each parent is at least 16 years old and where at least one child is under age eight. Directs the Secretary to reserve certain funds to: (1) provide technical assistance and training to such grantees through an experienced entity; and (2) evaluate and improve such grant program. Requires grantees to meet specified types of outcome measures. |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Watermelon Research and Promotion Improvement Act of 1993''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Change to majority vote in referendum procedures. Sec. 3. Expansion of watermelon plans to entire United States. Sec. 4. Clarification of differences between producers and handlers. Sec. 5. Clarification of collection of assessments by the Board. Sec. 6. Changes to assessment rate not subject to formal rulemaking. Sec. 7. Elimination of watermelon assessment refund. Sec. 8. Equitable treatment of watermelon plans. Sec. 9. Definition of producer. Sec. 10. Amendment procedure. SEC. 2. CHANGE TO MAJORITY VOTE IN REFERENDUM PROCEDURES. Section 1653 of the Watermelon Research and Promotion Act (7 U.S.C. 4912) is amended-- (1) by inserting ``(a)'' after ``Sec. 1653.''; (2) by striking the third sentence; and (3) by adding at the end the following new subsection: ``(b) A plan issued under this subtitle shall not take effect unless the Secretary determines that the issuance of the plan is approved or favored by a majority of the producers and handlers (and importers who are subject to the plan) voting in the referendum.''. SEC. 3. EXPANSION OF WATERMELON PLANS TO ENTIRE UNITED STATES. (a) Definitions.--Section 1643 of the Watermelon Research and Promotion Act (7 U.S.C. 4902) is amended-- (1) in paragraph (3), by striking ``the forty-eight contiguous States of''; and (2) by adding at the end the following new paragraph: ``(10) The term `United States' means each of the several States and the District of Columbia.''. (b) Issuance of Plans.--The last sentence of section 1644 of such Act (7 U.S.C. 4903) is amended by striking ``the forty-eight contiguous States of''. SEC. 4. CLARIFICATION OF DIFFERENCES BETWEEN PRODUCERS AND HANDLERS. Section 1647(c) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(c)) is amended by adding at the end the following new paragraph: (1) by inserting ``(1)'' after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) A producer shall be eligible to serve on the Board only as a representative of handlers, and not as a representative of producers, if-- ``(A) the producer purchases watermelons from other producers, in a combined total volume that is equal to 25 percent or more of the producer's own production; or ``(B) the combined total volume of watermelons handled by the producer from the producer's own production and purchases from other producers' production is more than 50 percent of the producer's own production.''. SEC. 5. CLARIFICATION OF COLLECTION OF ASSESSMENTS BY THE BOARD. Section 1647 of the Watermelon Research and Promotion Act (7 U.S.C. 4906) is amended-- (1) in subsection (f), by striking ``collection of the assessments by the Board'' and inserting ``payment of the assessments to the Board.''; and (2) in paragraphs (1) and (3) of subsection (g), by striking ``collected'' each place it appears and inserting ``received''. SEC. 6. CHANGES TO ASSESSMENT RATE NOT SUBJECT TO FORMAL RULEMAKING. Section 1647(f) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(f)) is amended by adding at the end the following new sentences: ``In fixing or changing the rate of assessment pursuant to the plan, the Secretary shall comply with the notice and comment procedures established under section 553 of title 5, United States Code. Sections 556 and 557 of such title shall not apply with respect to fixing or changing the rate of assessment.''. SEC. 7. ELIMINATION OF WATERMELON ASSESSMENT REFUND. Section 1647(h) of the Watermelon Research and Promotion Act (7 U.S.C. 4906(h)) is amended-- (1) by striking ``(h) The'' and inserting ``(h)(1) Except as provided in paragraph (2), the''; and (3) by adding at the end the following new paragraphs: ``(2) If approved in the referendum required by section 1655(b) relating to the elimination of the assessment refund under paragraph (1), the Secretary shall amend the plan that is in effect on the day before the date of the enactment of the Watermelon Research and Promotion Improvement Act of 1993 to eliminate the refund provision. ``(3)(A) Notwithstanding paragraph (2) and subject to subparagraph (B), if importers are subject to the plan, the plan shall provide that an importer of less than 150,000 pounds of watermelons per year shall be entitled to apply for a refund that is based on the rate of assessment paid by domestic producers. ``(B) The Secretary may adjust the quantity of the weight exemption specified in subparagraph (A) on the recommendation of the Board after an opportunity for public notice and opportunity for comment in accordance with section 553 of title 5, United States Code, and without regard to sections 556 and 557 of such title, to reflect significant changes in the 5-year average yield per acre of watermelons produced in the United States.''. SEC. 8. EQUITABLE TREATMENT OF WATERMELON PLANS. (a) Definitions.--Section 1643 of the Watermelon Research and Promotion Act (7 U.S.C. 4902), as amended by section 3(a), is further amended-- (1) in paragraph (3), by striking the semicolon at the end and inserting the following: ``or imported into the United States.''; (2) by redesignating paragraphs (6) and (7) as paragraphs (8) and (9), respectively; and (3) by inserting after paragraph (5) the following new paragraphs: ``(6) The term `importer' means any person who imports watermelons into the United States. ``(7) The term `plan' means an order issued by the Secretary under this subtitle.''. (b) Issuance of Plans.--Section 1644 of such Act (7 U.S.C. 4903), as amended by section 3(b), is further amended-- (1) in the first sentence, by striking ``and handlers'' and inserting ``, handlers, and importers''; (2) by striking the second sentence; and (3) in the last sentence, by inserting ``or imported into the United States'' before the period. (c) Notice and Hearings.--Section 1645(a) of such Act (7 U.S.C. 4904(a)) is amended-- (1) in the first sentence, by striking ``and handlers'' and inserting ``, handlers, and importers''; and (2) in the last sentence, by striking ``or handlers'' and inserting ``, handlers, or importers''. (d) Membership of Board.--Section 1647(c) of such Act (7 U.S.C. 4906(c)), as amended by section 4, is further amended-- (1) in the second sentence of paragraph (1), by striking ``producer and handler members'' and inserting ``other members''; and (2) by adding at the end the following new paragraph: ``(3)(A) If importers are subject to the plan, the Board shall also include 1 or more representatives of importers, who shall be appointed by the Secretary from nominations submitted by importers in such manner as may be prescribed by the Secretary. ``(B) Importer representation on the Board shall be proportionate to the percentage of assessments paid by importers to the Board, except that at least 1 representative of importers shall serve on the Board. ``(C) If importers are subject to the plan and fail to select nominees for appointment to the Board, the Secretary may appoint any importers as the representatives of importers. ``(D) Not later than 5 years after the date that importers are subjected to the plan, and every 5 years thereafter, the Secretary shall evaluate the average annual percentage of assessments paid by importers during the 3-year period preceding the date of the evaluation and adjust, to the extent practicable, the number of importer representatives on the Board.''. (e) Assessments.--Section 1647(g) of such Act (7 U.S.C. 4906(g)) is amended-- (1) in paragraph (4)-- (A) by striking ``(4) assessments'' and inserting ``(4) Assessments''; and (B) by inserting ``in the case of producers and handlers'' after ``such assessments''; and (2) by adding at the end the following new paragraph: ``(5) If importers are subject to the plan, an assessment shall also be made on watermelons imported into the United States by the importers. The rate of assessment for importers who are subject to the plan shall be equal to the combined rate for producers and handlers.''. (f) Refunds.--Paragraph (1) of section 1647(h) of such Act (7 U.S.C. 4906(h)), as amended by section 7, is further amended-- (1) by inserting after ``or handler'' the first two places it appears the following: ``(or importer who is subject to the plan)''; and (2) by striking ``or handler'' the last place it appears and inserting ``, handler, or importer''. (g) Assessment Procedures.--Section 1649 of such Act (7 U.S.C. 4908) is amended-- (1) in subsection (a)-- (A) by inserting ``(1)'' after ``(a)''; and (B) by adding at the end the following new paragraph: ``(2)(A) If importers are subject to the plan, each importer required to pay assessments under the plan shall be responsible for payment of the assessment to the Board, as the Board may direct. ``(B) The assessment on imported watermelons shall be equal to the combined rate for domestic producers and handlers and shall be paid by the importer to the Board at the time of the entry of the watermelons into the United States. ``(C) Each importer required to pay assessments under the plan shall maintain a separate record that includes a record of-- ``(i) the total quantity of watermelons imported into the United States that are included under the terms of the plan; ``(ii) the total quantity of watermelons that are exempt from the plan; and ``(iii) such other information as may be prescribed by the Board. ``(D) No more than 1 assessment shall be made on any imported watermelon.''; (2) in subsection (b), by inserting ``and importers'' after ``Handlers''; and (3) in subsection (c)(1), by inserting ``or importers'' after ``handlers''. (h) Investigations.--Section 1652(a) of such Act (7 U.S.C. 4911(a)) is amended-- (1) in the first sentence, by striking ``a handler or any other person'' by inserting ``a person''; (2) in the fourth sentence, by inserting ``(or an importer who is subject to the plan)'' after ``a handler''; and (3) in the last sentence, by striking ``the handler or other person'' and inserting ``the person''. (i) Referendum.--Subsection (a) of section 1653 of such Act (7 U.S.C. 4912), as amended by section 2, is further amended-- (1) in the first sentence-- (A) by striking ``and handlers'' both places it appears and inserting ``, handlers, and importers''; and (B) by striking ``or handling'' and inserting ``, handling, or importing''; (2) by striking the second sentence; and (3) in the sentence beginning with ``The ballots''-- (A) by striking ``or handler'' and inserting ``, handler, or importer''; and (B) by striking ``or handled'' and inserting ``, handled, or imported''. (j) Termination of Plans.--Section 1654(b) of such Act (7 U.S.C. 4913(b)) is amended-- (1) in the first sentence-- (A) by striking ``10 per centum or more'' and inserting ``at least 10 percent of the combined total''; and (B) by striking ``and handlers'' both places it appears and inserting ``, handlers, and importers''; (2) in the second sentence-- (A) by striking ``or handle'' and inserting ``, handle, or import''; (B) by striking ``50 per centum'' and inserting ``50 percent of the combined total''; and (C) by striking ``or handled by the handlers,'' and inserting ``, handled by the handlers, or imported by the importers''; and (3) by striking the last sentence. (k) Conforming and Technical Amendments.--Such Act is further amended-- (1) in section 1642(a)(5) (7 U.S.C. 4901(a)(5)), by striking ``and handling'' and inserting ``handling, and importing''; (2) in the first sentence of section 1642(b) (7 U.S.C. 4901(b))-- (A) by inserting ``, or imported into the United States,'' after ``harvested in the United States''; and (B) by striking ``produced in the United States''; (3) in section 1643 (7 U.S.C. 4902), as amended by subsection (a) and section 3(a)-- (A) by striking ``subtitle--'' and inserting ``subtitle:''; (B) in paragraphs (1) through (5), by striking ``the term'' each place it appears and inserting ``The term''; (C) in paragraphs (1), (2), (4), and (5), by striking the semicolon at the end of each paragraph and inserting a period; (D) in paragraph (8), as redesignated by subsection (a)(2)-- (i) by striking ``the term'' and inserting ``The term''; and (ii) by striking ``; and'' and inserting a period; and (E) in paragraph (9), as redesignated by subsection (a)(2)-- (i) by striking ``the term'' and inserting ``The term''; and (ii) by striking ``1644'' and inserting ``1647''; and (4) in section 1647(g) (7 U.S.C. 4906(g)), as amended by subsection (e) and section 5(2)-- (A) by striking ``that--'' and inserting ``the following:''; (B) in paragraph (1)-- (i) by striking ``(1) funds'' and inserting ``(1) Funds''; and (ii) by striking the semicolon at the end and inserting a period; (C) in paragraph (2)-- (i) by striking ``(2) no'' and inserting ``(2) No''; and (ii) by striking the semicolon at the end and inserting a period; (D) in paragraph (3)-- (i) by striking ``(3) no'' and inserting ``(3) No''; and (ii) by striking ``; and'' and inserting a period. SEC. 9. DEFINITION OF PRODUCER. (a) In General.--Section 1643(5) of the Watermelon Research and Promotion Act (7 U.S.C. 4902(5)) is amended by striking ``five'' and inserting ``10''. (b) Certification.--Section 1647 of such Act (7 U.S.C. 4906) is amended by adding at the end the following new subsection: ``(l) The plan shall provide that the Board shall have the authority to establish rules for certifying whether a person meets the definition of a producer under section 1643(5).''. SEC. 10. AMENDMENT PROCEDURE. Section 1655 of the Watermelon Research and Promotion Act (7 U.S.C. 4914) is amended to read as follows: ``SEC. 1655. AMENDMENT PROCEDURE. ``(a) In General.--Before a plan issued by the Secretary under this subtitle may be amended, the Secretary shall publish the proposed amendments for public comment and conduct a referendum in accordance with section 1653. ``(b) Separate Consideration of Amendments.-- ``(1) In general.--The amendments described in paragraph (2) that are required to be made by the Secretary to a plan as a result of the amendments made by the Watermelon Research and Promotion Improvement Act of 1993 shall be subject to separate line item voting and approval in a referendum conducted pursuant to section 1653 before the Secretary alters the plan as in effect on the day before the date of the enactment of such Act. ``(2) Amendments.--The amendments referred to in paragraph (1) are the amendments to a plan required under-- ``(A) section 7 of the Watermelon Research and Promotion Improvement Act of 1993 relating to the elimination of the assessment refund; and ``(B) section 8 of such Act relating to subjecting importers to the terms and conditions of the plan. ``(3) Importers.--When conducting the referendum relating to subjecting importers to the terms and conditions of a plan, the Secretary shall include as eligible voters in the referendum producers, handlers, and importers who would be subject to the plan if the amendments to a plan were approved.''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Watermelon Research and Promotion Improvement Act of 1993 - Amends the Watermelon Research and Promotion Act to require plan approval by a majority of the producers, handlers, and eligible importers voting in a referendum. (Sec. 3) Extends the provisions of such Act to each of the States and the District of Columbia. (Sec. 4) Sets forth purchase or volume conditions under which a producer shall be considered a handler for purposes of National Watermelon Promotion Board (Board) membership. (Sec. 5) Amends provisions regarding: (1) assessment collections; and (2) rulemaking requirements and assessment rate changes. (Sec. 7) Authorizes the revocation of the watermelon assessment refund. Stipulates that persons who import less than 150,000 pounds of watermelons per year may apply for a refund based upon the domestic assessment rate. (Sec. 8) Includes imported watermelons in the definition of "watermelon." Subjects watermelon importers to the terms of such Act. Provides for importer membership on the Board. (Sec. 9) Redefines "producer" to mean any person growing ten or more (currently five or more) acres of watermelons. Authorizes the Board to establish producer certification rules. (Sec. 10) Revises plan amendment provisions to require: (1) publication of proposed amendments and a referendum; and (2) separate line item voting and approval of specified amendments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Election Integrity Act of 2012''. SEC. 2. REQUIRING VOTERS TO PROVIDE PHOTO IDENTIFICATION. (a) Requirement To Provide Photo Identification as Condition of Receiving Ballot.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)) is amended-- (1) in the heading, by striking ``for Voters Who Register by Mail'' and inserting ``for Providing Photo Identification''; and (2) by striking paragraphs (1) through (3) and inserting the following: ``(1) Individuals voting in person.-- ``(A) Requirement to provide identification.-- Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not provide a ballot for an election for Federal office to an individual who desires to vote in person unless the individual presents to the official a government-issued, current, and valid photo identification. ``(B) Availability of provisional ballot.--If an individual does not present the identification required under subparagraph (A), the individual shall be permitted to cast a provisional ballot with respect to the election under section 302(a), except that the appropriate State or local election official may not make a determination under section 302(a)(4) that the individual is eligible under State law to vote in the election unless the individual presents the identification required under subparagraph (A) to the official not later than 48 hours after casting the provisional ballot. ``(2) Individuals voting other than in person.-- ``(A) In general.--Notwithstanding any other provision of law and except as provided in subparagraph (B), the appropriate State or local election official may not accept any ballot for an election for Federal office provided by an individual who votes other than in person unless the individual submits with the ballot a copy of a government-issued, current, and valid photo identification. ``(B) Exception for overseas military voters.-- Subparagraph (A) does not apply with respect to a ballot provided by an absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved. In this subparagraph, the term `absent uniformed services voter' has the meaning given such term in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(1)), other than an individual described in section 107(1)(C) of such Act. ``(3) Specific requirements for identifications.--For purposes of paragraphs (1) and (2), an identification is `government-issued' if it is issued by the Federal Government or by the government of a State.''. (b) Conforming Amendments.--Section 303 of such Act (42 U.S.C. 15483) is amended-- (1) in the heading, by striking ``for voters who register by mail'' and inserting ``for providing photo identification''; and (2) in subsection (c), by striking ``subsections (a)(5)(A)(I)(II) and (b)(3)(B)(I)(II)'' and inserting ``subsection (a)(5)(A)(I)(II)''. (c) Clerical Amendment.--The table of contents of such Act is amended by amending the item relating to section 303 to read as follows: ``Sec. 303. Computerized statewide voter registration list requirements and requirements for providing photo identification.''. (d) Effective Date.-- (1) In general.--This section and the amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each subsequent election for Federal office. (2) Conforming amendment.--Section 303(d)(2) of such Act (42 U.S.C. 15483(d)(2)) is amended to read as follows: ``(2) Requirement to provide photo identification.-- Paragraphs (1) and (2) of subsection (b) shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each subsequent election for Federal office.''. SEC. 3. MAKING PHOTO IDENTIFICATIONS AVAILABLE. (a) Requiring States To Make Identification Available.--Section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by section 2(a)(2), is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and (2) by inserting after paragraph (3) the following new paragraph: ``(4) Making photo identifications available.-- ``(A) In general.--During fiscal year 2014 and each succeeding fiscal year, each State shall establish a program to provide photo identifications which may be used to meet the requirements of paragraphs (1) and (2) by individuals who desire to vote in elections held in the State but who do not otherwise possess a government-issued photo identification. ``(B) Identifications provided at no cost to indigent individuals.--If a State charges an individual a fee for providing a photo identification under the program established under subparagraph (A)-- ``(i) the fee charged may not exceed the reasonable cost to the State of providing the identification to the individual; and ``(ii) the State may not charge a fee to any individual who provides an attestation that the individual is unable to afford the fee. ``(C) Identifications not to be used for other purposes.--Any photo identification provided under the program established under subparagraph (A) may not serve as a government-issued photo identification for purposes of any program or function of a State or local government other than the administration of elections.''. (b) Payments to States To Cover Costs.--Subtitle D of title II of such Act (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new part: ``PART 7--PAYMENTS TO COVER COSTS OF PROVIDING PHOTO IDENTIFICATIONS TO INDIGENT INDIVIDUALS ``SEC. 297. PAYMENTS TO COVER COSTS TO STATES OF PROVIDING PHOTO IDENTIFICATIONS FOR VOTING TO INDIGENT INDIVIDUALS. ``(a) Payments to States.--The Commission shall make payments to States to cover the costs incurred in providing photo identifications under the program established under section 303(b)(4) to individuals who are unable to afford the fee that would otherwise be charged under the program. ``(b) Amount of Payment.--The amount of the payment made to a State under this part for any year shall be equal to the amount of fees which would have been collected by the State during the year under the program established under section 303(b)(4) but for the application of section 303(b)(4)(B)(ii), as determined on the basis of information furnished to the Commission by the State at such time and in such form as the Commission may require. ``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated for payments under this part such sums as may be necessary for fiscal year 2014 and each succeeding fiscal year.''. (c) Clerical Amendment.--The table of contents of such Act is amended by adding at the end of the item relating to subtitle D of title II the following: ``Part 7--Payments To Cover Costs of Providing Photo Identifications to Indigent Individuals ``Sec. 297. Payments to cover costs to States of providing photo identifications for voting to indigent individuals. ``Sec. 297A. Authorization of appropriations.''. (d) Effective Date.--This section and the amendments made by this section shall take effect October 1, 2013. | Federal Election Integrity Act of 2012 - Amends the Help America Vote Act of 2002 to prohibit the appropriate state or local election official from providing a federal election ballot to an individual who desires to vote in person unless the individual presents to the official a federal or state government-issued, current, and valid photo identification (ID). Requires an individual who does not present such an ID to be permitted to cast a provisional ballot in such an election. Requires such individual, however, to present the required ID within 48 hours after casting the provisional ballot, or the appropriate state or local election official may not determine the individual's eligibility to vote. Requires individuals who vote other than in person in a federal election (for example, by mail) to submit a copy of such a photo ID with a ballot, or the appropriate official may not accept the ballot. Exempts from this requirement the absentee ballot of any eligible overseas military voter absent from the United States by reason of active duty or service. Requires states to establish a program to provide photo IDs in accordance with this Act to individuals who desire to vote but do not otherwise possess a government-issued photo ID. Prescribes requirements for any state fee for providing such a photo ID. Requires the Election Assistance Commission to make payments to states to cover the costs incurred in providing photo IDs to individuals unable to afford the fee. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop Militarizing Law Enforcement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Under section 2576a of title 10, United States Code, the Department of Defense is authorized to provide excess property to local law enforcement agencies. The Defense Logistics Agency, administers such section by operating the Law Enforcement Support Office program. (2) New and used material, including mine-resistant ambush- protected vehicles and weapons determined by the Department of Defense to be ``military grade'' are transferred to local and Federal law enforcement agencies through the program. (3) As a result local law enforcement agencies, including police and sheriff's departments, are acquiring this material for use in their normal operations. (4) As a result of the wars in Iraq and Afghanistan, military equipment purchased for, and used in, those wars has become excess property and has been made available for transfer to local and Federal law enforcement agencies. (5) According to public reports, approximately 12,000 police organizations across the country were able to procure nearly $500,000,000 worth of excess military merchandise including firearms, computers, helicopters, clothing, and other products, at no charge during fiscal year 2011 alone. (6) More than $4,000,000,000 worth of weapons and equipment have been transferred to police organizations in all 50 states and four territories through the program. (7) In May 2012, the Defense Logistics Agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers. (8) Though the moratorium was widely publicized, it was lifted in October 2013 without adequate safeguards. (9) As a result, Federal, State, and local law enforcement departments across the country are eligible again to acquire free ``military-grade'' weapons and equipment that could be used inappropriately during policing efforts in which citizens and taxpayers could be harmed. (10) Pursuant to section III(J) of a Defense Logistics Agency memorandum of understanding, property obtained through the program must be placed into use within one year of receipt, possibly providing an incentive for the unnecessary and potentially dangerous use of ``military grade'' equipment by local law enforcement. (11) The Department of Defense categorizes equipment eligible for transfer under the 1033 program as ``controlled'' and ``un-controlled'' equipment. ``Controlled equipment'' includes weapons, explosives such as flash-bang grenades, mine resistant ambush protected vehicles, long range acoustic devices, aircraft capable of being modified to carry armament that are combat coded, and silencers, among other military grade items. SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES. (a) In General.--Section 2576a of title 10, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1)(A), by striking ``counter-drug and''; and (B) in paragraph (2), by striking ``and the Director of National Drug Control Policy''; (2) in subsection (b)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in paragraph (4), by striking the period and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(5) the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; ``(6) the recipient submits to the Department of Defense a description of how the recipient expects to use the property; ``(7) the recipient certifies to the Department of Defense that if the recipient determines that the property is surplus to the needs of the recipient, the recipient will return the property to the Department of Defense; and ``(8) with respect to a recipient that is not a Federal agency, the recipient certifies to the Department of Defense that the recipient notified the local community of the request for personal property under this section by-- ``(A) publishing a notice of such request on a publicly accessible Internet website; ``(B) posting such notice at several prominent locations in the jurisdiction of the recipient; and ``(C) ensuring that such notices were available to the local community for a period of not less than 30 days.''; (3) by striking subsection (d); and (4) by adding at the end the following new subsections: ``(d) Annual Certification Accounting for Transferred Property.-- (1) For each fiscal year, the Secretary shall submit to Congress certification in writing that each Federal or State agency to which the Secretary has transferred property under this section-- ``(A) has provided to the Secretary documentation accounting for all controlled personal property, including arms and ammunition, that the Secretary has transferred to the agency, including any item described in subsection (f) so transferred before the date of the enactment of the Stop Militarizing Law Enforcement Act; and ``(B) with respect to a non-Federal agency, carried out each of paragraphs (5) through (8) of subsection (b). ``(2) If the Secretary cannot provide a certification under paragraph (1) for a Federal or State agency, the Secretary may not transfer additional property to that agency under this section. ``(e) Annual Report on Excess Property.--Before making any property available for transfer under this section, the Secretary shall annually submit to Congress a description of the property to be transferred together with a certification that the transfer of the property would not violate this section or any other provision of law. ``(f) Limitations on Transfers.--(1) The Secretary may not transfer the following personal property of the Department of Defense under this section: ``(A) Controlled firearms, ammunition, grenades (including stun and flash-bang) and explosives. ``(B) Controlled vehicles, highly mobile multi-wheeled vehicles, mine-resistant ambush-protected vehicles, trucks, truck dump, truck utility, and truck carryall. ``(C) Drones that are armored, weaponized, or both. ``(D) Controlled aircraft that-- ``(i) are combat configured or combat coded; or ``(ii) have no established commercial flight application. ``(E) Silencers. ``(F) Long range acoustic devices. ``(G) Items in the Federal Supply Class of banned items. ``(2) The Secretary may not require, as a condition of a transfer under this section, that a Federal or State agency demonstrate the use of any small arms or ammunition. ``(3) The limitations under this subsection shall also apply with respect to the transfer of previously transferred property of the Department of Defense from one Federal or State agency to another such agency. ``(4)(A) The Secretary may waive the applicability of paragraph (1) to a vehicle described in subparagraph (B) of such paragraph (other than a mine-resistant ambush-protected vehicle), if the Secretary determines that such a waiver is necessary for disaster or rescue purposes or for another purpose where life and public safety are at risk, as demonstrated by the proposed recipient of the vehicle. ``(B) If the Secretary issues a waiver under subparagraph (A), the Secretary shall-- ``(i) submit to Congress notice of the waiver, and post such notice on a public Internet website of the Department, by not later than 30 days after the date on which the waiver is issued; and ``(ii) require, as a condition of the waiver, that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer, including the type of vehicle and the purpose for which it is transferred, in the jurisdiction where the recipient is located by not later than 30 days after the date on which the waiver is issued. ``(5) The Secretary may provide for an exemption to the limitation under subparagraph (D) of paragraph (1) in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet. ``(g) Conditions for Extension of Program.--(1) Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to Congress certification that for the preceding fiscal year that-- ``(A) each Federal or State agency that has received covered property transferred under this section has-- ``(i) demonstrated 100 percent accountability for all such property, in accordance with subparagraph (B) or (C), as applicable; or ``(ii) been suspended from the program pursuant to subparagraph (D); ``(B) with respect to each non-Federal agency that has received covered property under this section, the State coordinator responsible for each such agency has verified that the coordinator or an agent of the coordinator has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to subparagraph (D); ``(C) with respect to each Federal agency that has received covered property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory of the property transferred to the agency and that 100 percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to subparagraph (D); ``(D) the eligibility of any agency that has received covered property under this section for which 100 percent of the property was not accounted for during an inventory described in subparagraph (A) or (B), as applicable, to receive any property transferred under this section has been suspended; and ``(E) each State coordinator has certified, for each non- Federal agency located in the State for which the State coordinator is responsible that-- ``(i) the agency has complied with all requirements under this section; or ``(ii) the eligibility of the agency to receive property transferred under this section has been suspended; and ``(F) the Secretary of Defense has certified, for each Federal agency that has received property under this section that-- ``(i) the agency has complied with all requirements under this section; or ``(ii) the eligibility of the agency to receive property transferred under this section has been suspended. ``(2) In this subsection, the term `covered property' means property classified as controlled equipment. ``(h) Prohibition on Ownership.--A Federal or State agency that receives property classified as controlled equipment under this section may never take ownership of the property. ``(i) Website.--The Defense Logistics Agency shall maintain an Internet website on which the following information shall be made publicly available: ``(1) A description of each transfer made under this section, including transfers made before and after the date of the enactment of the Stop Militarizing Law Enforcement Act, broken down by State, county, and recipient. ``(2) During the 30-day period preceding the date on which any property is transferred under this section, a description of the property to be transferred and the recipient of the transferred items. ``(3) Notice of any use of controlled equipment by the recipient of property transferred under this section as provided under subsection (l). ``(j) Notice to Congress of Property Downgrades.--Not later than 30 days before downgrading the classification of any item of personal property from controlled or Federal Supply Class, the Secretary shall submit to Congress notice of the proposed downgrade. ``(k) Notice to Congress of Property Cannibalization.--Before the Defense Logistics Agency authorizes the recipient of property transferred under this section to cannibalize the property, the Secretary shall submit to Congress notice of such authorization, including the name of the recipient requesting the authorization, the purpose of the proposed cannibalization, and the type of property proposed to be cannibalized. ``(l) Quarterly Reports on Use of Controlled Equipment.--Not later than 30 days after the last day of a fiscal quarter, the Secretary shall submit to Congress a report on any uses of controlled equipment transferred under this section during that fiscal quarter. ``(m) Reports to Congress.--Not later than 30 days after the last day of a fiscal year, the Secretary shall submit to Congress a report on the following for the preceding fiscal year: ``(1) The percentage of equipment lost by recipients of property transferred under this section, including specific information about the type of property lost, the monetary value of such property, and the recipient that lost the property. ``(2) The transfer of any new (condition code A) property transferred under this section, including specific information about the type of property, the recipient of the property, the monetary value of each item of the property, and the total monetary value of all such property transferred during the fiscal year.''. (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to any transfer of property made after the date of the enactment of this Act. | Stop Militarizing Law Enforcement Act Revises the Department of Defense's (DOD's) authority to transfer excess personal property to federal and state law enforcement agencies. Removes DOD's authority to transfer property for counter-drug activities. Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction. Requires DOD to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of: controlled (i.e., military grade) firearms, ammunition, grenades, and explosives; controlled vehicles, certain trucks, and other highly mobile or mine-resistant ambush-protected vehicles; armored or weaponized drones; controlled aircraft that are combat configured or combat coded, or that have no established commercial flight application; silencers; long range acoustic devices; and items in the Federal Supply Class of banned items. Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions. Prohibits transfers of previously transferred DOD property from one federal or state agency to another such agency. Allows DOD to waive transfer prohibitions for certain trucks and vehicles (other than mine-resistant ambush-protected vehicles) if necessary for disasters, rescues, or other purposes where life and public safety are at risk. Requires notice of such a waiver to be provided to Congress and the public. Permits DOD to exempt aircraft parts transferred for regular maintenance of aircraft in an existing fleet. Prohibits obligations or expenditures of appropriations to carry out DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program. Prohibits federal or state agencies that receive controlled equipment from taking ownership of the property. Requires the Defense Logistics Agency to maintain an Internet website to make available to the public: (1) information on each transfer, broken down by state, county, and recipient; (2) during the 30-day period preceding the date on which any property is transferred, information on the property to be transferred and the recipient; and (3) information on any use of controlled equipment by the transfer recipient. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NASA and JPL 50th Anniversary Commemorative Coin Act''. SEC. 2. COIN SPECIFICATIONS. (a) Denominations.--In commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary) shall mint and issue the following coins: (1) $50 gold coins.--Not more than 50,000 $50 gold coins which shall-- (A) weigh 33.931 grams; (B) have a diameter of 32.7 millimeters; and (C) contain 1 troy ounce of fine gold. (2) $1 silver coins.--Not more than 400,000 $1 coins of each of the 9 designs specified in section 3(a)(3)(B), which shall-- (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the 50 years of exemplary and unparalleled achievements of the National Aeronautics and Space Administration and the Jet Propulsion Laboratory. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``2008''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum'', and such other inscriptions as the Secretary may determine to be appropriate for the designs of the coins. (3) Coin images.-- (A) $50 coins.-- (i) Obverse.--The obverse of the $50 coins issued under this Act shall bear an image of the sun. (ii) Reverse.--The reverse of the $50 coins issued under this Act shall bear a design emblematic of the sacrifice of the United States astronauts who lost their lives in the line of duty over the course of the space program. (iii) Edge.--The edge of the $50 coins issued under this Act shall bear the names and dates of the spacecraft missions on which United States astronauts lost their lives over the course of the space program. (iv) High relief.--The design and inscriptions on the obverse and reverse of the $50 coins issued under this Act shall be in high relief. (B) $1 coins.-- (i) Obverse.--The obverse of the $1 coins issued under this Act shall bear 9 different designs each of which shall consist of an image of 1 of the 9 planets of the solar system, including Earth. (ii) Reverse.--The reverse of the $1 coins issued under this Act shall bear different designs each of which shall be emblematic of discoveries and missions of the Jet Propulsion Laboratory to the planet depicted on the obverse of the coin, subject to the following requirements: (I) Earth coin.--The reverse of the $1 coins issued under this Act which bear an image of the Earth on the obverse shall bear images emblematic of, and honoring, the discoveries and missions of the National Aeronautics and Space Administration, the Mercury, Gemini and Space Shuttle missions and other manned Earth-orbiting missions, and the Apollo missions to the Moon. (II) Jupiter coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Jupiter on the obverse shall include a scientifically accurate depiction of the Galilean moon Europa and depict both a past and future mission to Europa. (III) Saturn coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Saturn on the obverse shall include a scientifically accurate depiction of the moon Titan and depict both a past and a future mission to Titan. (IV) Pluto coin.--The reverse of the $1 coins issued under this Act which bear an image of the planet Pluto on the obverse shall include a design that is emblematic of telescopic exploration of deep space by the National Aeronautics and Space Administration and the ongoing search for Earth-like planets orbiting other stars. (iii) Edge.--It is the sense of the Congress that, to the extent practicable, the edge of each $1 coin should bear the names and dates or range of dates of missions or mission types to the planet depicted on the obverse. (4) Realistic and scientifically accurate depictions.--The images for the designs of coins issued under this Act shall be selected on the basis of the realism and scientific accuracy of the images and on the extent to which the images are reminiscent of the dramatic and beautiful artwork on coins of the so-called ``Golden Age of Coinage'' in the United States, at the beginning of the Twentieth Century, with the participation of such noted sculptors and medallic artists as James Earle Fraser, Augustus Saint-Gaudens, Victor David Brenner, Adolph A. Weinman, Charles E. Barber, and George T. Morgan. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Administrator of the National Aeronautics and Space Administration, the Director of the Jet Propulsion Laboratory, and the Commission of Fine Arts; and (2) reviewed by the Citizens Coin Advisory Committee. SEC. 4. SYMBOLIC INCLUSION OF METALS THAT HAVE FLOWN IN SPACE. (a) Collection.--Each Federal agency and instrumentality of the United States, including the Department of Defense, the Smithsonian Institution, the National Aeronautics and Space Administration, and the Jet Propulsion Laboratory, that has in its possession any craft, or any part of a craft, that flew in space shall-- (1) retrieve such gold, silver, copper, and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act, from such craft or part, that can be retrieved without harming any such craft or part that may be of continuing use for its original purpose or for research, or whose preservation is appropriate for historical purposes; and (2) deposit such metals so retrieved with the Director of the United States Mint. (b) Use of Metals in Production of Coins.--Any metals deposited with the Director of the United States Mint under subsection (a) shall be used in the production of the coins struck under this Act by blending such metals with other metal necessary for the production of such coins so that all of the coins produced under this Act will contain some proportion of the bullion obtained from craft or parts of crafts that flew in space in an amount appropriate for the types and denominations of the coins and the amount of metals so deposited. (c) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals in accordance with subsection (a) should maintain accurate and complete records of the retrieval and deposit of any such metals sufficient to allow the Director of the United States Mint-- (1) to provide certificates of authenticity with coins issued under this Act that some proportion of the contents of such coins were obtained from craft or parts of crafts that flew in space; and (2) to package with each issued coin a list of the missions in which such craft flew in space. (d) Private Spacecraft.-- (1) In general.--Each Federal agency and instrumentality of the United States that has or continues to conduct space- related missions shall, in addition to the efforts described in subsection (a), make efforts to secure and retrieve from privately-held craft that has flown in space such gold, silver, copper and other metals that the Director of the United States Mint determines are appropriate for use in the production of any coins under this Act. (2) Recordkeeping.--It is the sense of the Congress that each Federal agency and instrumentality of the United States which retrieves any metals pursuant to paragraph (1) from privately-held craft that has flown in space should comply with the recordkeeping procedures described in subsection (c) with respect to such metal. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in proof quality only. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular combination of denomination and quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2008. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 2008. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (c) Presentation.--In addition to the issuance of coins under this Act in such other methods of presentation as the Secretary of the Treasury determines to be appropriate, the Secretary shall provide, as a sale option, a presentation case which displays the $50 gold coin in the center surrounded by the $1 silver coins in an elliptical orbit. SEC. 7. SURCHARGES. (a) In General.--All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $50 per coin for the $50 coin. (2) A surcharge of $10 per coin for the $1 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 distributed as follows: (1) The first $1,000,000 available for distribution under this section, to the NASA Family Assistance Fund for the purposes of providing need-based financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties. (2) Of amounts available for distribution after the payment under paragraph (1), \1/2\ to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of space artifacts at the National Air and Space Museum (including the Steven F. Udvar-Hazy Center). (3) Of amounts available for distribution after the payment under paragraph (1), \1/2\ to the Secretary of the Smithsonian Institution for the express purpose of providing funding for the establishment of a new stand-alone National Museum of Money. (c) Audits.--The NASA Family Assistance Fund and the Secretary of the Smithsonian Institution 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 (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. BRONZE DUPLICATES. The Secretary may strike and sell bronze duplicates of the $50 gold coins authorized under this Act, at a price the Secretary determines to be appropriate. Passed the House of Representatives July 12, 2005. Attest: JEFF TRANDAHL, Clerk. | NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) 50 dollar gold coins; and (2) one dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality, including the Department of Defense, the Smithsonian Institution, NASA, and JPL, that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other metals that are appropriate for use in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Expresses the sense of the Congress that each Federal agency and U.S. instrumentality which retrieves any metals as described above should maintain accurate and complete records of the retrieval and deposit of any such metals sufficient to allow the Director to: (1) provide certificates of authenticity with coins issued under this Act that some proportion of the contents of such coins were obtained from craft or parts of crafts that flew in space; and (2) package with each issued coin a list of the missions in which such craft flew in space. Directs each federal agency and U.S. instrumentality that has or continues to conduct space-related missions, in addition to the efforts at retrieving metals described above, to make efforts to secure and retrieve from privately-held craft flown in space such gold, silver, copper, and other metals that the Director determines are appropriate for use in the production of any coins under this Act. Expresses the sense of the Congress that each Federal agency and U.S. instrumentality which retrieves any such metals should comply with the recordkeeping procedures described above with respect to such metal. Requires the Secretary, in addition to the issuance of coins under this Act in such other methods of presentation that the Secretary determines to be appropriate, to provide, as a sale option, a presentation case that displays the $50 gold coin in the center surrounded by the one dollar silver coins in an elliptical orbit. Requires that all sales of coins minted under this Act include a surcharge of $50 per coin for the $50 dollar coin and $10 per coin for the one dollar coin, which shall be promptly distributed as follows: (1) the first $1 million, to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties; and (2) of amounts available for distribution after such payment, half to the Secretary of the Smithsonian Institution for the preservation, maintenance, and display of space artifacts at the National Air and Space Museum, including the Steven F. Udvar-Hazy Center, and half to such Secretary for the express purpose of providing funding for the establishment of a new National Museum of Money. Authorizes the Secretary of the Treasury to strike and sell bonze duplicates of the $50 gold coins authorized under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Haitian-American Enterprise Fund Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to promote the Haitian private sector, including small businesses, the agricultural sector, and joint ventures with United States and Haitian participants; and (2) to promote policies and practices conducive to the private sector in Haiti through loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, guarantees, and other measures. SEC. 3. HAITIAN-AMERICAN ENTERPRISE FUND. (a) Designation.--After consultation with the leadership of each House of Congress, the President may designate a private, nonprofit organization, which has been established for the purposes specified in section 2 and which shall be known as the ``Haitian-American Enterprise Fund'', to receive financial assistance and support made available under this Act. (b) Board of Directors.-- (1) Appointment.--The Haitian-American Enterprise Fund shall be governed by a Board of Directors, which shall be comprised of 6 private citizens of the United States or Haiti, appointed by the President, of which not more than 2 may be citizens of Haiti. (2) Qualifications.--Member of the Board of Directors shall be selected from among people who have had successful business careers in private equity, banking, or finance that is similar to the experience of individuals who previously served on the Board of Directors of a successful Enterprise Fund established by the United States Government on or after January 1, 1990. (3) Additional board members.--Upon the recommendation of the Board of Directors, the President may appoint up to 2 additional members to the Board (in addition to the Directors appointed pursuant to paragraph (1)), of which not more than 1 may be a citizen of Haiti. (c) Grants.-- (1) In general.--Amounts appropriated to the President pursuant to section 7 shall be granted to the Haitian-American Enterprise Fund by the United States Agency for International Development to enable the Fund to carry out the purposes specified in section 2 and for the administrative expenses of the Fund. (2) Eligible programs and projects.--Grants awarded under this section may only be used for programs and projects that support the purposes set forth in section 2. (3) Compliance requirement.-- (A) In general.--Grants may not be awarded to the Haitian-American Enterprise Fund under this section unless the Fund agrees to comply with the requirements under this section. (B) Grant agreement.--The grant agreement between the United States Agency for International Development (referred to in this section as ``USAID'') and the Haitian-American Enterprise Fund shall state that the Fund shall end its reinvestment cycle not later than December 31, 2021, unless the USAID Administrator determines, after consultation with the appropriate congressional committees, that the Fund should be extended. (C) Prevention of money laundering and terrorist financing.--The grant agreement between USAID and the Haitian-American Enterprise Fund shall state that the Fund shall comply with procedures specified by the Secretary of State to ensure that grant funds are not provided by the Fund to or through-- (i) any individual, private or government entity, or educational institution that advocates, plans, sponsors, engages in, or has engaged in, money laundering or terrorist activity; or (ii) any private entity or educational institution if a principal officer of its governing board is-- (I) involved in or advocating money laundering or terrorist activity; or (II) a member of a designated foreign terrorist organization. (D) Disposition of assets.--All assets of the Haitian-American Enterprise Fund on the date on which the Fund is dissolved shall be returned to the Treasury of the United States for the purpose of deficit reduction. (d) Notification.-- (1) In general.--Not later than 15 days before designating an organization to operate as the Haitian-American Enterprise Fund pursuant to subsection (a), the President shall provide the information described in paragraph (2) to the Chairman and Ranking Member of the appropriate congressional committees. (2) Information.--The information described in this paragraph is-- (A) the identity of the organization to be designated to operate as the Haitian-American Enterprise Fund pursuant to subsection (a); (B) the names and qualifications of the individuals who will comprise the Initial Board; (C) the procedures referred to in subsection (c)(3)(C) that will apply to the Haitian-American Enterprise Fund for purposes of curtailing money laundering and terrorist financing activities; and (D) the size of the financial grant that shall be made available to the Haitian-American Enterprise Fund. (e) Reports.-- (1) Administrative expenses.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter until the Fund is dissolved, the Fund shall submit a report to the appropriate congressional committees that details the administrative expenses of the Fund. (2) GAO report.--Not later than 3 years after the date of the enactment of this Act, and every 3 years thereafter until the Fund is dissolved, the Comptroller General of the United States shall submit a report to the appropriate congressional committees that assesses the activities of the Fund in-- (A) achieving the stated goals of promoting private sector investment and employment in Haiti; and (B) identifying those institutional or regulatory constraints that inhibit a more effective application of Fund resources. (f) Defined Term.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committee on Foreign Relations of the Senate; (2) the Committee on Appropriations of the Senate; (3) the Committee on Foreign Affairs of the House of Representatives; and (4) the Committee on Appropriations of the House of Representatives. SEC. 4. OPERATION PROVISIONS. (a) Applicable Provisions.--Subsections (d)(5), (g), (h), (i), (k), (l), (m), (n), (o), and (p) of section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421) shall apply with respect to the Haitian-American Enterprise Fund in the same manner as such provisions apply to Enterprise Funds designated pursuant to subsection (d) of such section. (b) Reinvestment.--Returns on investments of the Haitian-American Enterprise Fund and other payments to the Fund may be reinvested in projects carried out by the Fund without further appropriation by Congress. SEC. 5. BEST PRACTICES AND PROCEDURES. To the maximum extent practicable, the Board of Directors of the Haitian-American Enterprise Fund should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (Public Law 101-179; 22 U.S.C. 5421). SEC. 6. EXPERIENCE OF OTHER ENTERPRISE FUNDS. In implementing this Act, the President shall ensure that the Articles of Incorporation of the Haitian-American Enterprise Fund (including provisions specifying the responsibilities of the Board of Directors of the Fund), the terms of United States Government grant agreements with the Fund, and United States Government oversight of the Fund are, to the maximum extent practicable, consistent with the Articles of Incorporation of, the terms of grant agreements with, and the oversight of the Enterprise Funds established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421) and comparable provisions of law. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the President such sums as may be necessary to provide funding for grants to the Haitian-American Enterprise Fund, which shall be used for the purposes specified in section 2. (b) Availability of Funds.--Amounts appropriated pursuant to subsection (a) shall remain available until expended. (c) Nonapplicability of Other Laws.--Notwithstanding any other provision of law, amounts appropriated pursuant to subsection (a) may be used to carry out this Act. | Haitian-American Enterprise Fund Act - Authorizes the President, after congressional consultation, to designate a private, nonprofit organization as the Haitian-American Enterprise Fund to receive financial assistance and support under this Act. States that a grant agreement between the United States Agency for International Development (USAID) and the Fund shall: (1) require the Fund to end its reinvestment cycle not later than December 31, 2021, unless extended by USAID; (2) provide for the prevention of money laundering and terrorist financing; and (3) require any remaining Fund assets to be returned to the Treasury for debt reduction purposes. States that the Fund's Board of Directors should adopt the best practices and procedures used by Enterprise Funds, including those for which funding has been made available pursuant to the Support for East European Democracy (SEED) Act of 1989. Authorizes appropriations. |
OFFICERS. ``The State Administrator shall establish a Problem Resolution Office. Problem Resolution Officers shall have the authority to investigate taxpayer complaints and enjoin collection activity if, in the opinion of the Problem Resolution Officer, said collection activity is reasonably likely to not be in compliance with law. Said administrative injunction may only be reversed by the highest official in the relevant State or Federal taxing authority or by its General Counsel upon a finding that the collection activity is justified by clear and convincing evidence. The authority to reverse this administrative injunction may not be delegated. Problem Resolution Officers shall not be disciplined or adversely affected for the issuance of administrative injunctions unless a pattern or issuing injunctions that are manifestly unreasonable is proven in an administrative hearing. Nothing in this section shall limit the authority of the State Administrators or the taxpayer to pursue any legal remedy in any court with jurisdiction over the dispute at issue. ``SEC. 53. JURISDICTION AND INTERSTATE ALLOCATION. ``(a) Allocation Rules.--For purposes of allocating revenue between or among administering states from taxes imposed by this subtitle, the revenue shall be allocated to those states that are the destination of the taxable property or services. The destination of the purchase of taxable property and services shall be determined in accordance with this section. ``(b) Federal Office of Revenue Allocation.--The Secretary shall establish an Office of Revenue Allocation to arbitrate any claims or disputes among administering states as to the destination of taxable property and services for purposes of allocating revenue between or among the states from taxes imposed by this subtitle. The determination of the Administrator of the Office of Revenue Allocation shall be subject to judicial review in any federal court with competent jurisdiction provided, however, that the standard of review shall be abuse of discretion. ``(c) Tangible Personal Property.--The destination of tangible personal property shall be the state or territory in which the property was first delivered to the purchaser. Tangible personal property shipped by means of the mail or common carrier shall be deemed delivered to the location of the purchaser for purposes of this subsection upon shipment by mail or common carrier. ``(d) Real Property.--The destination of real property or rents or leaseholds on real property shall be state or territory in which the real property is located. ``(e) Other Property.--The destination of other property shall be residence of the purchaser. ``(f) Services.-- ``(1) General rule.--The destination of services shall be state or territory in which the use, consumption or enjoyment of the services occurred. Allocation of service invoices relating to more than one jurisdiction shall be on the basis of time. ``(2) Telecommunications services.--The destination of telecommunications services shall be the residence of the purchaser. Telecommunications services shall include telephone, telegraph, cable television, satellite and computer on-line or network services. ``(3) Domestic transportation services.--For transportation services where all of the final destinations are within the United States, the destination of transportation services shall be the final destination of the trip (in the case of round or multiple trip fares, the services amount shall be equally allocated among the final destinations). ``(4) International transportation services.--For transportation services where the final destination or origin of the trip is without the United States, the service amount shall be deemed 50 percent attributable to the United States destination or origin. ``(g) Financial Intermediation Services.--The destination of financial intermediation services shall be the residence of the purchase. ``(h) A State Tax Administrator shall have jurisdiction over any gross payments made which have a destination (as determined in accordance with this section) within the state of said State Tax Administrator. This grant of jurisdiction is not exclusive of other jurisdiction that said State Tax Administrator may have. ``(i) Rents and Royalties Paid for the Lease of Tangible Property.-- ``(1) General rule.--The destination of rents and royalties paid for the lease of tangible property shall be where the property is located. ``(2) Vehicles.--The destination of rent and lease payments on vehicles shall be-- ``(A) in the case of rentals and leases of a term one month or less, the location where the vehicle was originally delivered to the lessee; and ``(B) in the case of rentals and leases of a term greater than one month, the residence of the lessee. ``SEC. 54. TAX TO BE STATED AND CHARGED SEPARATELY. ``(a) In General.--For each purchase of taxable property or services for which a tax is imposed pursuant to section 1, the sales tax shall be charged separately from the purchase price by the vendor or seller. For purchase of taxable property or services for which a tax is imposed pursuant to section 1, the vendor shall provide to the purchaser a receipt that sets forth at least the following information: ``(1) The property or services price exclusive of tax. ``(2) The amount of tax paid. ``(3) The property or service price inclusive of tax. ``(4) The tax rate (the amount of tax paid (per subparagraph 2) divided by the property or service price inclusive of tax (per subparagraph 3)). ``(5) The date that the good or service was sold. ``(6) The name of the vendor. ``(7) The vendor registration number. ``(b) Vending Machine Exception.--The requirements of subsection (a) shall be inapplicable in the case of sales by vending machines. Vending machines for purposes of this subsection shall mean machines-- ``(1) that dispense taxable property in exchange for coins, one, five, ten or twenty dollar bills, and ``(2) that sell no single item exceeding ten dollars per unit in price. ``SEC. 55. INSTALLMENT AGREEMENTS; COMPROMISES. ``The State Administrator or the Secretary, as the case may be, is authorized to enter into written agreements with any person under which the person is allowed to satisfy liability for payment of any tax in installment payments if he determines that such agreement will facilitate the collection of such liability. The agreement shall remain in effect for the term of the agreement unless the information that the person provided to the Secretary or the State Administrator was materially inaccurate or incomplete. The Secretary and the State Administrator may compromise any amounts alleged to be due. ``SEC. 56. ACCOUNTING. ``(a) Cash Method To Be Used Generally.--Vendors and other persons shall remit taxes and report transactions with respect to the month for which payment was received or the tax imposed by this chapter otherwise becomes due. ``(b) Election To Use Accrual Method.--A person may elect with respect to a calendar year, in a form prescribed by the Secretary, to remit taxes and report transactions with respect to the month where a sale was invoiced and accrued. ``(c) Cross Reference.-- ``For rules relating to bad debts for vendors electing the accrual method, see section 11(g). ``SEC. 57. HOBBY ACTIVITIES. ``(a) The exemption afforded by section 2(a)(1) shall not be available for any taxable property or service used by a trade or business if that trade or business is not engaged in for profit. ``(b) If the trade or business has received gross payments for the sale of taxable property or services that exceed the sum of-- ``(1) taxable property and services purchased, ``(2) wages paid, and ``(3) taxes paid, in 2 or more of the most recent 4 calendar years during which it operated, then the business activity shall be conclusively deemed to be engaged in for profit.''. SEC. 5. PHASE-OUT OF THE INTERNAL REVENUE SERVICE. (a) In General.--Appropriations for any expenses of the Internal Revenue Service including processing income tax returns for years prior to the repeal of the income tax, revenue accounting, management, transfer of payroll tax data to the Social Security Administration and otherwise for years after fiscal year 2007 are not authorized. (b) Excise and Sales Tax Bureaus.--Section 7801 is amended by adding the following new subsections: ``(d) Excise Tax Bureau.--There shall be in the Department of Treasury an Excise Tax Bureau to administer those excise taxes not repealed by this Act. ``(e) Sales Tax Bureau.--There shall be in the Department of Treasury a Sales Tax Bureau to administer the national sales tax in those States where it is required pursuant to section 31(g), and to discharge other Federal duties and powers relating to the national sales tax (including those required by sections 32, 33, and 53(b)). The Office of Revenue Allocation shall be within the Sales Tax Bureau.''. (c) Assistant General Counsels.--Section 7801(b)(2) is amended to read as follows: ``(2) Assistant general counsels.--The Secretary of the Treasury may appoint, without regard to the provisions of the civil service laws, and fix the duties of not more than 5 Assistant General Counsels.''. (d) Short Year.-- (1) For purposes of the Federal income tax, the tax imposed by section 1 and section 11 for taxable years ending June 30, 2006, shall be modified as set forth in this subsection. (2) For calendar year taxpayers, the dollar figures in section 1 and section 11 shall be reduced by dividing by 2 all dollar figures that would be applicable but for this subsection. (3) For fiscal year taxpayers, the dollar figures in section 1 and section 11 shall be equal to the product of-- (A) the dollar amount that would be applicable but for this subsection, and (B) the ratio that has as its numerator the number of months in the taxpayer's taxable year ending June 30, 2006, and as its denominator 12. (4) The Secretary shall publish tax rate schedules in accordance with this subsection. SEC. 6. SOCIAL SECURITY ADMINISTRATION TO COLLECT PAYROLL TAXES. (a) In General.--Commencing January 1, 2006, the Social Security Administration shall collect and administer the taxes imposed pursuant to chapter 2 of subtitle A (relating to self employment income taxes) and subtitle C (relating to employment taxes) of the Internal Revenue Code of 1986. (b) Cross References.-- For revised rules relating to the self- employment tax, see section 7 of this Act. For rules relating to revised withholding tax schedules and family consumption refund, see section 13. SEC. 7. SELF-EMPLOYMENT TAX. (a) In General.--Subsection 1402(a) of the Internal Revenue Code of 1986 is amended to read as follows: ``(a) In General.--`Self employment income' shall mean gross payments received in a calendar year from the sale of taxable property or services (without regard to exemption) less the sum in a calendar year of-- ``(1) purchases of taxable property or services (without regard to exemption) in furtherance of a business purpose, ``(2) any wages paid (whether to the self-employed person or others) in furtherance of a business purpose, ``(3) unused transition amounts, and ``(4) undeducted negative self employment income amounts from prior periods. ``(b) Transition Amounts.-- ``(1) General rule.--The transition amount for the ten calendar years commencing in 2006 shall be the unrecovered basis amount as of the end of December 31, 2005, divided by ten. ``(2) Unrecovered basis amount.--The unrecovered basis amount shall be remaining income tax basis relating to-- ``(A) prior law section 167 property placed in service prior to January 1, 2006, and ``(B) inventory held as of the end of 2005 (including any amounts capitalized in accordance with prior law section 263A).''. (b) Conforming Amendments.--Subsections 1402(b) and 1402(c) are hereby repealed. Subsections 1402(d) et seq. are hereby renumbered as subsections 1402(b) et seq. SEC. 8. SOCIAL SECURITY BENEFITS INDEXED ON SALES TAX INCLUSIVE BASIS. Subparagraph (D) of paragraph (1) of subsection (i) of section 215 of the Social Security Act (42 U.S.C. 415) (relating to cost-of-living increases in Social Security benefits) is amended to read as follows: ``(D)(i) the term `CPI increase percentage', with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost- of-living computation quarter under subparagraph (B); ``(ii) if the Consumer Price Index (as prepared by the Department of Labor) does not include the national sales tax paid, then the term `CPI increase percentage' with respect to a base quarter or cost-of-living quarter in any calendar year, means the percentage (rounded to the nearest one-tenth of 1 percent) by which the product of-- ``(I) the Consumer Price Index for that quarter (as prepared by the Department of Labor); and ``(II) the national sales tax factor, exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-living computation quarter under subparagraph (B); and ``(iii) for purposes of clause (ii), the `national sales tax factor' is equal to one plus the quotient that is-- ``(I) the sales tax rate (as defined in section 1 of title 26), divided by ``(II) the quantity that is one minus the sales tax rate.''. SEC. 9. COMPENSATING PAYMENTS TO CERTAIN PERSONS ON FIXED INCOME. (a) Compensating Payment.--Eligible persons (as defined in subsection (c)) shall receive a compensating payment (as defined in subsection (b)) provided that they comply with subsection (g) (relating to applications). (b) Compensating Payment Defined.--The term ``compensating payment'' means the product of the qualified fixed income payment amount (as defined in subsection (e)) and the excess inflation rate (as defined in subsection (f)). (c) Eligible Person Defined.--An eligible person is any person with respect to any calendar year who is entitled to-- (1) Social Security benefits; and (2) qualified fixed income payments (as defined in subsection (d)). (d) Qualified Fixed Income Payment Defined.--A qualified fixed income payment is a payment received by-- (1) a beneficiary under a defined benefit plan (within the meaning of section 414(j) of the Internal Revenue Code as in effect prior to the enactment of this Act) whether sponsored by a private or Government employer; or (2) by an annuitant pursuant to an annuity contract between the annuitant and a bona fide insurance company. A payment pursuant to a plan or annuity contract is not a qualified fixed income payment if the payment varies with investment performance, interest rates, or inflation. Payments pursuant to an annuity contract entered into after June 30, 2006, shall not be qualified fixed income payments. Payments pursuant to a defined benefit plan to a beneficiary that had been a participant in said defined benefit plan (within the meaning of section 410 of the Internal Revenue Code as in effect prior to the enactment of this Act) for less than 5 years shall not be qualified fixed income payments. (e) Qualified Fixed Income Payment Amount.--The qualified fixed income payment amount is \1/12\ of qualified fixed income payments that an eligible person is entitled to receive during the calendar year subsequent to the year for which the compensating payment is calculated, provided, however, that the qualified fixed income payment amount shall not exceed $5,000. (f) Excess Inflation Rate Defined.--The term ``excess inflation rate'' shall mean the excess, if any, of the consumer price index (all urban) during the 18-month period ending December 31, 2006, over the increase projected for the consumer price index (all urban) in the Office of Management and Budget baseline reported in the Budget of the United States for Fiscal Year 2006 for said 18-month period. The baseline assumption for the 6 months in 2006 shall be \1/2\ of the assumed increase for the entire calendar year 2006. (g) Application Required.--In order to receive compensating payments, each eligible person must apply in a form prescribed by the Secretary of Health and Human Services and provide such documentation as the Secretary may reasonably require. (h) Means of Payment.--Each person entitled to a compensating payment shall receive the compensating payment with their Social Security benefit payment. The compensating payment shall be separately indicated but may be included in one check. The funds to make compensating payments shall come from the general fund. (i) The Secretary of Health and Human Services may require insurers that are parties to annuity contracts and defined benefit plan sponsors to issue a statement to annuitants or plan participants including such information as the Secretary may require to determine the qualified fixed income payment amount. SEC. 10. INTEREST. Section 6621 of the Internal Revenue Code of 1986 is amended by striking the last sentence in section 6621(a)(1) and by striking ``3'' in section 6621(a)(2)(B) and substituting in its stead ``2''. SEC. 11. SUPERMAJORITY REQUIRED TO RAISE RATE. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases any federal sales tax rate, and (2) provides any exemption, deduction, credit or other benefit which results in a reduction in federal revenues. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. | Individual Tax Freedom Act of 2004 - Amends the Internal Revenue Code to repeal the income tax, estate and gift taxes, certain excise taxes, and certain tax administration provisions of the Internal Revenue Code of 1986 (effective in 2006). Imposes a national sales tax (effective in 2006) equal to 15 percent of the gross payments for the use, consumption or enjoyment in the United States of any taxable property or service, whether produced or rendered within or without the United States. Allows certain exemptions from such tax, including exemptions for property or services purchased for a business purpose in an active trade or business or for export for use or consumption outside the United States. Sets forth provisions for the administration and collection of the tax and for credits and refunds. Allows for: (1) installment payments of tax resulting from the purchase of a principal residence; (2) a sales tax rebate for certain low-income families; and (3) compensating payments to certain persons on fixed incomes. Grants States the authority to administer and collect the sales tax and to remit tax proceeds to the Treasury. Prohibits the funding of the Internal Revenue Service after FY 2007. Establishes in the Department of Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax established by this Act. Directs the Social Security Administration to collect and administer employment and self-employment payroll taxes. Requires a two-thirds vote of the Members of the House of Representatives or the Senate to consider any legislation that raises any Federal sales tax rate or results in a reduction in Federal revenues. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mother's Day Centennial Commemorative Coin Act''. SEC. 2. FINDINGS. The Congress hereby finds as follows: (1) Anna Jarvis, who is considered to be the founder of the modern Mother's Day, was born in Webster, West Virginia on May 1, 1864. (2) A resident of Grafton, West Virginia, Anna Jarvis dedicated much of her adult life to honoring her mother, Anna Reeves Jarvis, who passed on May 9, 1905. (3) In 1908, the Andrews Methodist Episcopal Church of Grafton, West Virginia, officially proclaimed the third anniversary of Anna Reeves Jarvis' death to be Mother's Day. (4) In 1910, West Virginia Governor, William Glasscock, issued the first Mother's Day Proclamation encouraging all West Virginians to attend church and wear white carnations. (5) On May 8, 1914, the Sixty-Third Congress approved H.J. Res. 263 designating the second Sunday in May to be observed as Mother's Day and encouraging all Americans to display the American flag at their homes as a public expression of the love and reverence for the mothers of our Nation. (6) On May 9, 1914, President Woodrow Wilson issued a Presidential Proclamation directing government officials to display the American flag on all government buildings and inviting the American people to display the flag at their homes on the second Sunday of May as a public expression of the love and reverence for the mothers of our nation. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (hereinafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 400,000 $1 coins each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. (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 ``2014''; 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 shall be-- (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. (c) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2014. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (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.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) \1/2\ to the Susan G. Komen for the Cure for the purpose of furthering research funded by the organization. (2) \1/2\ to the National Osteoporosis Foundation for the purpose of furthering research funded by the Foundation. (c) Audits.--The Susan G. Komen for the Cure and the National Osteoporosis Foundation shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the respective organizations 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 (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. SEC. 8. 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. Passed the House of Representatives May 5, 2010. Attest: LORRAINE C. MILLER, Clerk. | Mother's Day Centennial Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 400,000 $1 coins emblematic of the 100th anniversary of President Wilson's proclamation designating the second Sunday in May as Mother's Day. Authorizes the Secretary to issue such coins beginning January 1, 2014, except that the Secretary may initiate sales of such coins, without issuance, before such date. Terminates such minting authority after December 31, 2014. Requires coin sales to include a $10 surcharge per coin, with distribution of such surcharges to the Susan G. Komen for the Cure and the National Osteoporosis Foundation for the purpose of furthering research. States that, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, the budgetary effects of this Act shall be determined by reference to the latest statement titled "Budgetary Effects of PAYGO Legislation" for this Act, if it has been submitted for printing in the Congressional Record before the vote on passage. |
<greek-th> x SECTION 1. SHORT TITLE.<greek-th> x This Act may be cited as the ``Medicare Market Acquisition Drug Price Act of 2003''.<greek-th> x SEC. 2. REFORM OF PAYMENT FOR DRUGS AND BIOLOGICALS UNDER THE MEDICARE PROGRAM.<greek-th> x (a) Payment Reform.--<greek-th> x (1) In general.--Section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)) is amended to read as follows: <greek-th> x ``(o) Payment for Drugs and Biologicals.--<greek-th> x ``(1) General rule.--If a physician's, supplier's, or any other person's bill or request for payment for services includes a charge for a drug or biological for which payment may be made under this part and the drug or biological is not paid on a cost or prospective payment basis as otherwise provided in this part, the amount payable for the drug or biological shall be based on the following:<greek-th> x ``(A) Multi-source (generic) drugs.--In the case of a drug or biological that meets the requirements for a multi-source drug under subclauses (I) and (II) of section 1927(k)(7)(A)(i), 105 percent of the volume- weighted median average acquisition price for any drug or biological covered under the same medicare HCPCS code.<greek-th> x ``(B) Single source (brand) drugs and biologicals.--In the case of a drug or biological that meets the requirements for a single source drug under section 1927(k)(7)(A)(iv), 105 percent of the average acquisition price for the drug or biological.<greek-th> x ``(C) Access exception.--The Secretary may modify the rate otherwise applicable in order to assure access to necessary drugs and biologicals in the case of sole community providers in rural and other areas where the providers are not reasonably able to obtain the drugs and biologicals at the payment rates otherwise applicable. Such modification shall not result in a change of more than 15 percent of the rate otherwise applicable.<greek-th> x ``(D) Data-related exception.--If the Secretary determines that there is insufficient data available with respect to compute an average acquisition price for a drug or biological for a quarter or that, because of a significant change in price from quarter-to- quarter, the available data on the average acquisition price does not accurately reflect the actual, current acquisition cost for the drug or biological, the Secretary may substitute for the quarters involved an appropriate payment for the drug or biological for such average acquisition price.<greek-th> x ``(E) Application of ndc codes.--If the Secretary determines that it is appropriate to provide for payment under this subsection using national drug code (NDC) instead of HCPCS codes, in applying subparagraph (A) the reference to the same HCPCS code shall be deemed a reference to the appropriate national drug codes for those drugs or biologicals that are therapeutically and pharmaceutically equivalent and bioequivalent (as defined for purposes of section 1927(k)(7)(A)).<greek-th> x ``(2) Definition of average acquisition price.-- <greek-th> x ``(A) In general.--For purposes of this subsection, the term `average acquisition price' means, with respect to a drug or biological and with respect to each dosage form and strength of the drug or biological product (without regard to any special packaging, labeling, or identifiers on the dosage form or product or package), the average of all final sales prices charged by the manufacturer of the drug or biological product in the United States, excluding sales exempt from inclusion in the calculation of best price under section 1927(c)(1)(C) (other than under clause (ii)(III) of such section) and excluding sales subject to a rebate under section 1927, as reported under paragraph (3).<greek-th> x ``(B) Net price.--Such average acquisition price shall be calculated net of all of the following (as estimated by the Secretary):<greek-th> x ``(i) Volume discounts.<greek-th> x ``(ii) Prompt pay discounts and cash discounts.<greek-th> x ``(iii) Charge-backs.<greek-th> x ``(iv) Short-dated product discounts (for spoilage and other factors).<greek-th> x ``(v) Free goods and services.<greek-th> x ``(vi) Rebates.<greek-th> x ``(vii) All other price concessions provided by the drug manufacturer.<greek-th> x The Secretary may make subsequent adjustments in such average acquisition price to take into account updated information and differences between the price previously estimated and the actual average acquisition price.<greek-th> x ``(C) Weighting.--The average of all final sales prices described in subparagraph (A) shall be determined by dividing--<greek-th> x ``(i) the sum of all final prices charged by the manufacturer (net of the adjustments made under subparagraph (B)) for sales in the period involved that are included in subparagraph (A) for the drug or biological, by<greek-th> x ``(ii) the total number of units of such sales in the period.<greek-th> x ``(D) Distribution of reports.--The Secretary shall promptly distribute applicable payment rates under this subsection to carriers and fiscal intermediaries and other contractors that make payment for drugs and biologicals under this section in order to apply a uniform reimbursement rate under this section.<greek-th> x ``(3) Price reporting requirement.--<greek-th> x ``(A) In general.--As a condition for payment for any drug or biological of a manufacturer under this subsection, the manufacturer of the drug or biological shall--<greek-th> x ``(i) report, on a quarterly basis, to the Secretary (or the Secretary's designee) <greek-th> x <greek-th> x <greek-th> x <greek-th> x <greek-th> x the manufacturer's average acquisition price and the information required under subparagraph (C) for all drugs and biologicals of the manufacturer by national drug code (NDC);<greek-th> x ``(ii) maintain such records (in written or electronic form) regarding such sales and prices for all such drugs and biologicals as may be necessary to audit the information so reported or required to be reported; and<greek-th> x ``(iii) provide the Secretary with access to such records in order to permit the Secretary to audit information so reported or required to be reported.<greek-th> x ``(B) Penalties.--The provisions of section 1927(b)(3)(C) shall apply with respect to the reporting of information under subparagraph (A) in the same manner as it applies to the reporting of information under section 1927(b)(3)(A), except that the reference in clause (i) of such section to $10,000 is deemed a reference to $100,000 and any reference to a suspension of an agreement is deemed a reference to a suspension of payment for the drug or biological involved under this part. The Secretary shall promptly refer to the Inspector General of the Department of Health and Human Services and, if appropriate, to appropriate officials in the Department of Justice cases in which the Secretary becomes aware of a false price representation made in the information submitted under this paragraph.<greek-th> x ``(C) Form of reporting.--Information required to be reported under subparagraph (A)(i) shall be reported in a form and manner specified by the Secretary. The information required to be reported shall include the identification of the generic name of the drug or biological and its brand name (if any), the national drug code (NDC) and the HCPCS code assigned to the drug or biological, the dosage form, strength, volume, and package size involved. The information for a quarter shall be submitted not later than 30 days after the end of the quarter. The information shall be accompanied by a written and signed certification by an officer of the manufacturer attesting to the accuracy of the information reported. Such information shall include updated information on the net price realized (taking into account rebates and other amounts affecting net price), regardless of the period for which such a rebate or other adjustment in net price might have been earned.<greek-th> x ``(D) Auditing.--The Secretary shall audit on a periodic basis information reported or required to be reported under this paragraph. The Secretary may conduct such independent price gathering activities, such as surveys and review of published catalog information or other transactional information, as may be appropriate to verify the accuracy of the information reported.<greek-th> x ``(4) Dispensing fee.--If payment for a drug or biological is made to a licensed pharmacy approved to dispense drugs or biologicals under this part, the Secretary shall pay a dispensing fee (less the applicable deductible and coinsurance amounts) to the pharmacy. Such a dispensing fee shall be subject to adjustment from year to year based upon changes in the consumer price index over time and may be adjusted as the Secretary determines to be appropriate to reflect differences in the costs of dispensing different drugs and biologicals.<greek-th> x ``(5) Payment required on an assignment-related basis.-- <greek-th> x ``(A) In general.--Payment for a charge for any drug or biological for which payment may be made under this part may be made only on an assignment-related basis. <greek-th> x ``(B) Application of enforcement provisions.--The provisions of subsection (b)(18)(B) shall apply to charges for such drugs or biologicals in the same manner as they apply to services furnished by a practitioner described in subsection (b)(18)(C).''.<greek-th> x (2) Effective date.--Subject to subsection (c)(2), the amendment made by paragraph (1) shall apply to drugs and biologicals furnished on or after January 1, 2004.<greek-th> x (b) Revision in Practice Expense Payments.--<greek-th> x (1) Adjustment in oncologist medical supply expenses.--In computing the practice expense component of the physician fee schedule under section 1848 of the Social Security Act (42 U.S.C. 1395w094) with respect to payment for services of oncologists, the Secretary of Health and Human Services shall make adjustments to oncologists' reported medical supply expenses in order to ensure that such expenses better reflect the actual supply costs of providing such services.<greek-th> x (2) Allocation of indirect expenses.--In establishing such fee schedule, the Secretary shall change the allocation of indirect expenses in a manner so that all services, including services without direct physician involvement, are allocated the appropriate share of indirect expenses.<greek-th> x (3) Services without direct physician involvement.--In establishing such fee schedule, the Secretary shall calculate payments, for those services without direct physician involvement under the basic method, using information on the resources required for each services and, if deemed necessary, shall validate the underlying resource-based estimates of direct practice expenses required to provide each service.<greek-th> x (4) Budget neutral adjustment.--The changes in payment made by this subsection shall not be treated as a change in law or regulation described in section 1848(f)(2)(D) of the Social Security Act (42 U.S.C. 1395w094(f)(2)(D)).<greek-th> x (5) Effective date.--The provisions of this subsection apply to payments for services furnished on or after January 1, 2004.<greek-th> x (c) Study of Payments for Blood Clotting Factors and Other Biologicals.--<greek-th> x (1) In general.--The Secretary of Health and Human Services shall provide for a study of the appropriateness of the medicare payment methodology for blood clotting factors and other biologicals under part B of title XVIII of the Social Security Act. Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on such study and shall include in such report recommendations regarding whether to apply the payment methodology provided under the amendment made by subsection (a)(1) and alternative recommendations for appropriate dispensing fees.<greek-th> x (2) Delay in effective date.--The amendment made by subsection (a)(1) shall not apply to blood clotting factors furnished before the first day of the first calendar year that begins at least 6 months after the date the report under paragraph (1) has been submitted to the Congress.<greek-th> x <greek-th><greek-th> x 08 | Medicare Market Acquisition Drug Price Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise payment for drugs and biologicals under Medicare.Directs the Secretary of Health and Human Services, in computing the practice expense component of the Medicare physician fee schedule with respect to payment for services of oncologists, to make adjustments to an oncologist's reported medical supply expenses in order to ensure that they better reflect the actual supply costs of providing such services.Requires the Secretary to provide for a study of the appropriateness of the Medicare payment methodology for blood clotting factors and other biologicals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bucket Drowning Prevention Act of 1993''. SEC. 2. FINDINGS. The Congress finds that: (1) Since 1985, approximately 400 infants have drowned in 4-gallon to 6-gallon buckets, or nearly 1 child a week. (2) Children drowning or hospitalized as a result of falling into a bucket of liquid ranged in age from 1 month to 28 months although nearly 80 percent of all victims were 8 to 13 months old. (3) Where race was reported in connection with such drownings, African-American infants accounted for more of the drowning deaths than any other racial group followed by Caucasians and then Hispanics. In approximately 14 percent of the investigated deaths, Spanish was reported to be the spoken language. (4) Only about 10 percent of 5-gallon buckets manufactured annually are voluntarily labeled, and States are beginning to establish their own labeling standards. There is no mandatory Federal labeling standard regarding buckets. (5) To prevent infant drownings in buckets and to assure uniformity in bucket labels and a minimal impact on interstate commerce, it is appropriate to establish a Federal labeling standard. (6) To address the bucket drowning problem in a more permanent way, it is appropriate to establish performance standards. SEC. 3. LABELING STANDARD REQUIREMENTS. Effective 180 days following the date of the enactment of this Act, there is established a consumer product safety standard under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), to eliminate or reduce the risk of injury or death resulting from children falling into 4-gallon to 6-gallon buckets containing liquid. Such standard, when effective, shall require straight sided or slightly tapered, open head containers with a capacity of more than 4 gallons and less than 6 gallons (referred to in this Act as a ``bucket''), to bear 2 warning labels, 1 in English and 1 in Spanish. The labels shall meet the following requirements: (1) Each label shall be permanent so that such label cannot be removed, torn or defaced without the aid of tools or solvents. (2) Each label shall be at least 7 inches in height, and 5 inches in width, or any larger size as the labeler may choose. The information on the label shall be proportionate to the label's size. (3) A label shall be centered on each side of the bucket just below the point where the handle is inserted. The label on 1 side shall be in English and the label on the other side shall be in Spanish. (4) Each label shall have a border or other form of contrast around its edges to delineate it from any other information on the bucket. (5) Each label shall bear (A) the signal word ``WARNING'' in bold uppercase lettering, in black ink, on an orange background, and (B) in upper and lower case lettering in black ink on a white background, the words ``Children Can Fall Into Bucket and Drown--Keep Children Away From Buckets With Even a Small Amount of Liquid''. The signal word panel shall be preceded by a safety alert symbol consisting of an orange exclamation mark on a black triangle. (6) Each label shall include a picture of a child falling into a bucket containing liquid. A red prohibition symbol shall be superimposed over, and totally surround the pictorial. The picture shall be positioned between the signal word panel and the message panel. SEC. 4. PROHIBITED ACTS. (a) Removal of Label.--Once placed on a bucket pursuant to the standard provided pursuant to section 3, it shall be a prohibited act under section 19 of the Consumer Product Safety Act for any person in the chain of distribution of the bucket to intentionally cover, obstruct, tear, deface or remove the label. (b) Consumer Product Safety Standard.--The standard established pursuant to section 3 of this Act shall be considered a consumer product safety standard established under the Consumer Product Safety Act. SEC. 5. EXISTING LABELS. Any bucket label in use on September 1, 1993, which is substantially in conformance with the requirements in section 3, may continue to be used until 12 months after the date of the enactment of this Act. Notwithstanding the preceding sentence, buckets subject to this Act must bear both an English and Spanish language label after the effective date of the standard established pursuant to section 3. SEC. 6. AMENDMENTS. Section 553 of title 5, United States Code, shall apply with respect to the Consumer Product Safety Commission's issuance of any amendments or changes to the bucket labeling standard required by section 3 of this Act. Sections 7 and 9 of the Consumer Product Safety Act shall not apply to such amendments or changes. SEC. 7. RESPONSIBILITY FOR LABELING. (a) Labeling.--The standard established by section 3 requires the labeling of buckets covered by such standard to be the responsibility of the manufacturer or distributor of any such bucket without regard to whether or not such bucket is intended for sale by a retailer in an empty state for use as a consumer product, or is intended for sale by a retailer, together with its contents. (b) Time for Placing Labels.--The required label must be on the bucket at the time it is sold or delivered to the end user of the bucket's contents or, in the case of a bucket intended to be sold to the public in an empty state, at the time it is shipped to a retailer for sale to the public. SEC. 8. PERFORMANCE STANDARD. Within 30 days following the date of enactment of this Act, the Commission shall commence a proceeding under the Consumer Product Safety Act for the issuance of a performance standard for buckets to address the drowning hazard associated with this product. Section 553 of title 5, United States Code, shall apply with respect to the issuance of such standard. Sections 7 and 9 of the Consumer Product Safety Act shall not apply to the issuance of such standard. Such standard shall take effect at such time as may be prescribed by the Consumer Product Safety Commission, but in no event later than 180 days following the date of the enactment of this Act. | Bucket Drowning Prevention Act of 1993 - Establishes a consumer product safety standard that would require warning labels on four- to six-gallon buckets. Requires each label to state "Children Can Fall into Bucket and Drown--Keep Children Away From Buckets With Even a Small Amount of Liquid" and to include a picture of a child falling into a bucket. |
SECTION 1. SHORT TITLE. This Act may be cited to as the ``Renewable Energy Jobs Act''. SEC. 2. ALTERNATIVE ENERGY TRAINING AND EMPLOYMENT PROGRAM. (a) Pilot Program.--The Secretary of Labor shall carry out a pilot program to award competitive grants to States to train individuals for careers in the renewable energy and energy efficiency industries. (b) Grant Awards.--The Secretary shall award grants under the pilot program to the five States with the highest installed alternative energy power capacity. (c) Application.-- (1) In general.--A State that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--A grant application under the pilot program shall include the following: (A) Evidence of the installed alternative energy power capacity for wind, solar, and geothermal facilities in that State. (B) A description of how the funds will be used to establish and administer a program designed to provide skills training or on-the-job training for a significant number of individuals and ensure lasting and sustainable employment in the renewable energy and energy efficiency industries. (C) A description of the State's option to coordinate with its State and local workforce investment boards and Energy Efficiency Industry Councils in carrying out a program funded by a grant under this Act, including through partnerships of local boards with renewable energy and energy efficiency employers and other appropriate providers of training services. (D) A description of the skills training, on-the- job training, or both that may be offered to individuals by grant recipients, and how this training will lead to an industry-recognized certificate or similar credential. (E) A description of how the State plans to prioritize grants among grant recipients. (F) A description of how the grant may be used to support existing programs focused on renewable energy job creation. (d) Grant Amount.--The Secretary shall ensure that grants are of sufficient size to enable States to carry out all required activities. (e) Duration of Grant.--A grant under this section shall be for a period of 3 years. (f) Use of Funds.--A State receiving a grant under this section shall use the grant funds to-- (1) reimburse a renewable energy and energy efficiency employer for the cost of providing on-the-job training; (2) reimburse any of the following entities for the cost of providing skills training (or on-the-job training if in partnership with an energy efficient employer)-- (A) a labor organization; (B) a postsecondary educational institution; or (C) nonprofit organizations; and (3) conduct outreach to inform renewable energy and energy efficiency employers, labor organizations, postsecondary educational institutions, non-profit organizations, and the general public, including individuals in rural areas and Indian tribes, of their eligibility or potential eligibility for participation in the program. (g) Conditions.--Under the pilot program, a grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (f). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (h) Requirements of Grant Recipients.--In order to receive a grant made by a State under the pilot program, an entity described in subsection (f) shall-- (1) submit an application to the State that includes such other information and assurances as the State may require; and (2) agree to submit to the State, for each quarter, a report containing such information as the Secretary may specify. (i) Limitation on Administrative Costs.-- (1) Federal administration.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (l), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (j). (2) State administration.--The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (j) Report to Congress.--The Secretary shall submit to Congress an annual report on the pilot program for each year of the grant period. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program, and how many participants were employed by renewable energy and energy efficiency employers within 6 months of completing the training. (k) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2017, for the purpose of carrying out the pilot program. (l) Definitions.--For purposes of this section: (1) The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (2) The term ``installed alternative energy power capacity'' means the amount of wind, solar, and geothermal power generation, expressed in megawatts, installed in a State. (3) The term ``labor organization'' has the meaning given such term in section 2 of the National Labor Relations Act. (4) The term ``on-the-job training'' means training by renewable energy and energy efficiency employers, a labor organization, a postsecondary educational institution, or a nonprofit organization that is provided to a paid participant while engaged in productive work that-- (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) provides reimbursement to the employer for the costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (5) The term ``postsecondary educational institution'' has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (6) The term ``renewable energy and energy efficiency employer'' means an entity that employs individuals in a trade or business in the renewable energy and energy efficiency industries. (7) The term ``renewable energy and energy efficiency industries'' means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind, solar, and geothermal energy industries. (C) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (8) The term ``skills training'' means training by a labor organization, a postsecondary educational institution, or a nonprofit organization that provides the knowledge and skills essential to specific jobs in the renewable energy and energy efficiency industries. (9) The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States. (10) The term ``workforce investment board'' refers to a State or local workforce investment board established pursuant to the Workforce Investment Act of 1998 (20 U.S.C. 2801 et seq.) that coordinates job training programs for that State or local area under that Act. | Renewable Energy Jobs Act - Requires the Secretary of Labor to carry out a pilot program to train individuals for careers in the renewable energy and energy efficiency industries and award grants under the program to the five states with the highest installed alternative energy power capacity. Defines "renewable energy and energy efficiency industries" as the following industries: the energy-efficient building, construction, or retrofits industry; the renewable electric power industry, including the wind, solar, and geothermal energy industries; and the energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. |
SECTION. 1. MINIMUM WAGE. Section 6(a)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to read as follows: ``(1) except as otherwise provided in this section, not less than-- ``(A) $5.15 an hour beginning September 1, 1997, ``(B) $5.48 an hour during the year beginning April 1, 2000, ``(C) $5.81 an hour during the year beginning April 1, 2001, and ``(D) $6.15 an hour beginning April 1, 2002;''. SEC. 2. EXEMPTION FOR COMPUTER PROFESSIONALS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)) is amended by amending paragraph (17) to read as follows: ``(17) any employee who is a computer systems, network, or database analyst, designer, developer, programmer, software engineer, or other similarly skilled worker-- ``(A) whose primary duty is-- ``(i) the application of systems or network or database analysis techniques and procedures, including consulting with users, to determine hardware, software, systems, network, or database specifications (including functional specifications); ``(ii) the design, configuration, development, integration, documentation, analysis, creation, testing, securing, or modification of, or problem resolution for, computer systems, networks, databases, or programs, including prototypes, based on and related to user, system, network, or database specifications, including design specifications and machine operating systems; ``(iii) the management or training of employees performing duties described in clause (i) or (ii); or ``(iv) a combination of duties described in clauses (i), (ii), or (iii) the performance of which requires the same level of skills; and ``(B) who, in the case of an employee who is compensated on an hourly basis, is compensated at a rate of not less than $27.63 an hour. For purposes of paragraph (17), the term `network' includes the Internet and intranet networks and the world wide web. An employee who meets the exemption provided by paragraph (17) shall be considered an employee in a professional capacity pursuant to paragraph (1);''. SEC. 3. EXEMPTION FOR CERTAIN SALES EMPLOYEES. (a) Amendment.--Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 2, is amended by adding at the end the following: ``(18) any employee employed in a sales position if-- ``(A) the employee has specialized or technical knowledge related to products or services being sold; ``(B) the employee's-- ``(i) sales are predominantly to persons or entities to whom the employee's position has made previous sales; or ``(ii) position does not involve initiating sales contacts; ``(C) the employee has a detailed understanding of the needs of those to whom the employee is selling; ``(D) the employee exercises discretion in offering a variety of products and services; ``(E) the employee receives-- ``(i) base compensation, determined without regard to the number of hours worked by the employee, of not less than an amount equal to one and one-half times the minimum wage in effect under section 6(a)(1) multiplied by 2,080; and ``(ii) in addition to the employee's base compensation, compensation based upon each sale attributable to the employee; ``(F) the employee's aggregate compensation based upon sales attributable to the employee is not less than 40 percent of one and one-half times the minimum wage multiplied by 2,080; ``(G) the employee receives a rate of compensation based upon each sale attributable to the employee which is beyond sales required to reach the compensation required by subparagraph (F) which rate is not less than the rate on which the compensation required by subparagraph (F) is determined; and ``(H) the rate of annual compensation or base compensation for any employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year;''. (b) Construction.--The amendment made by subsection (a) may not be construed to apply to individuals who are employed as route sales drivers. SEC. 4. EXEMPTION FOR FUNERAL DIRECTORS. Section 13(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)), as amended by section 3, is amended by adding after paragraph (18) the following: ``(19) any employee employed as a licensed funeral director or a licensed embalmer.''. | (Sec. 2) Revises an exemption from FLSA minimum wage and overtime compensation requirements for certain computer professionals to include computer network and database analysts, and computer systems, network, and database designers and developers. (Sec. 3) Exempts from FLSA minimum wage and overtime compensation requirements any employee in a sales position, if: (1) the employee has specialized or technical knowledge related to products or services being sold; (2) the employee's sales are predominantly to persons who are entities to whom the employee has made previous sales or the employee's position does not involve initiating sales contacts; (3) the employee has a detailed understanding of customers' needs and exercises discretion in offering a variety of products and services; (4) the employee receives a base compensation at a specified minimum rate and additional compensation based on sales attributable to the employee; (5) the employee's aggregate compensation based upon sales reaches a specified minimum level; and (6) the rate of annual compensation or base compensation for an employee who did not work for an employer for an entire calendar year is prorated to reflect annual compensation which would have been earned if the employee had been compensated at the same rate for the entire calendar year. Makes such exemption inapplicable to individuals employed as route sales drivers. (Sec. 4) Exempts licensed funeral directors and licensed embalmers from FLSA minimum wage and overtime compensation requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patients First Act of 2007''. SEC. 2. PURPOSES. It is the purpose of this Act to-- (1) intensify research that may result in improved understanding of or treatments for diseases and other adverse health conditions; (2) promote research and human clinical trials using stem cells that are ethically obtained and show evidence of providing clinical benefit for human patients; and (3) promote the derivation of pluripotent stem cell lines without the creation of human embryos for research purposes and without the destruction or discarding of, or risk of injury to, a human embryo. SEC. 3. HUMAN STEM CELL RESEARCH AND THERAPY. (a) Authorization.--Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is amended by inserting after section 409I the following: ``SEC. 409J. HUMAN STEM CELL RESEARCH AND THERAPY. ``(a) In General.--The Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of or treatments for diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), prioritizing research with the greatest potential for near-term clinical benefit in human patients, provided that such isolation, derivation, production, testing, or use will not involve-- ``(1) the creation of a human embryo for research purposes; ``(2) the destruction of or discarding of, or risk of injury to, a living human embryo; or ``(3) the use of any stem cell, the derivation or provision of which would be inconsistent with the standards established in paragraph (1) or (2). ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director of NIH, shall issue final guidelines implementing subsection (a) to ensure that any research (including any clinical trial) supported under subsection (a)-- ``(1) is clearly consistent with the standards established in subsection (a) if conducted using human cells, as demonstrated by animal trials or other substantial evidence; ``(2) is prioritized in terms of potential for near-term clinical benefit in human patients, as indicated by substantial evidence from basic research or by substantial clinical evidence which may include but is not limited to-- ``(A) evidence of improvement in one or more human patients suffering from illness or injury, as documented in reports by professional medical or scientific associations or in peer-reviewed medical or scientific literature; or ``(B) approval for use in human trials by the Food and Drug Administration; and ``(3) consistent with the standards established in subsection (a), may take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. ``(c) Rule of Construction.--Nothing in this section shall be construed as altering the policy in effect on the date of the enactment of this section regarding the eligibility of stem cell lines for funding by the National Institutes of Health. ``(d) Definitions.--In this section: ``(1) Human embryo.--The term `human embryo' includes any organism, not protected as a human subject under part 46 of title 45, Code of Federal Regulations, as of the date of the enactment of this section, that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. ``(2) Risk of injury.--The term `risk of injury' means subjecting a human embryo to risk of injury or death greater than that allowed for research on fetuses in utero under section 46.204(b) of title 45, Code of Federal Regulations (or any successor regulation), or section 498(b) of this Act.''. (b) Priority Setting; Reports.--Section 492 of the Public Health Service Act (42 U.S.C. 289a) is amended by adding at the end the following: ``(d)(1) With respect to human stem cell research, the Secretary, acting through the Director of NIH, shall give priority to conducting or supporting research in accordance with section 409J. ``(2) At the end of fiscal year 2008 and each subsequent fiscal year, the Secretary shall submit to the Congress a report outlining the number of research proposals under section 409J that were peer reviewed, a summary and detailed list of all such research proposals that were not funded, and an explanation of why the proposals did not merit funding. The reports under this paragraph shall be in addition to the reporting on stem cell research included in the biennial report required by section 403.''. (c) Biennial Reports.--Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: ``(L) Stem cells.''. SEC. 4. STUDY TO EXPAND ACCESS TO THERAPEUTIC STEM CELL PRODUCTS. Not later than 6 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall study and submit recommendations to the Congress on any structural changes to the C.W. Bill Young Cell Transplantation Program established under 379 of the Public Health Service Act (42 U.S.C. 274k) that would help to expand access to new and future stem cell therapeutic products, including stem cells derived from amniotic fluid as well as other sources such as dental pulp, nasal tissue, and fat that may benefit from inclusion in the coordinated distribution of bone marrow and cord blood stem cells. | Patients First Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support basic and applied research to develop techniques for the isolation, derivation, production, testing, and human clinical use of stem cells that may result in improved understanding of, or treatments for, diseases and other adverse health conditions, including pluripotent stem cells that have the flexibility of embryonic stem cells (whether or not such pluripotent stem cells have an embryonic source), provided that such techniques will not involve: (1) the creation of a human embryo for research purposes; (2) the destruction or discarding of, or risk of injury to, a living human embryo; or (3) the use of any stem cell the derivation or provision of which would be inconsistent with this Act. Requires the Secretary to issue guidelines implementing this Act to ensure that any research (including any clinical trial) supported under this Act: (1) is clearly consistent with the standards established in this Act, if conducted using human cells; (2) is prioritized in terms of potential for near-term clinical benefit in human patients; and (3) may take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. Requires the Secretary to: (1) report on peer reviewed stem cell research proposals that were not funded; and (2) study and submit recommendations to Congress on any structural changes to the C.W. Bill Young Cell Transplantation Program that would help to expand access to new and future stem cell therapeutic products. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Giving Partnership Act''. SEC. 2. ELIGIBLE ACTIVITIES. Section 105(a) of the Housing and Community Development Act of 1974 (42 U.S.C. 5305(a)) is amended-- (1) in paragraph (23), by striking the period at the end and inserting a semicolon; and (2) by inserting after paragraph (23) the following new paragraph: ``(24) to the extent only that amounts for a State are available under section 106(d)(8) for use under this paragraph, payment to the State to supplant general revenue losses incurred by the State under a State law that provides, in the case of an individual, for a credit against State income tax imposed for contributions made in cash by individuals to any organization-- ``(A) that is described in section 501(c)(3) of the Internal Revenue Code of 1986; ``(B) that is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; ``(C) that is organized under the laws of the United States or of any State in which the organization is qualified to operate; ``(D) that is required, or elects to be treated as being required, to file returns under section 6033 of the Internal Revenue Code of 1986; ``(E) whose predominant activity is-- ``(i) the provision of direct services to individuals whose annual incomes generally do not exceed 185 percent of the official poverty line (as defined by the Office of Management and Budget); or ``(ii) the provision of-- ``(I) temporary donations of food or meals, or ``(II) temporary shelter to homeless individuals, if the location and operation of such services are such that the service provider may reasonably conclude that the beneficiaries of such services are predominantly individuals described in clause (i); ``(F) for which not more than a total of 25 percent of the annual aggregate expenditures of the organization are administrative expenditures in support of direct services referred to in subparagraph (E) or expenditures for purposes of fundraising on behalf of the organization providing direct services referred to in subparagraph (E); and ``(G) that does not engage in litigation on behalf of any individual referred to in subparagraph (E), voter registration, or political organizing; and''. SEC. 3. USE OF STATE AMOUNTS FOR NONENTITLEMENT AREAS. Section 106(d) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(d)) is amended-- (1) in paragraph (2)-- (A) in subparagraph (A)-- (i) in the matter preceding clause (i), by striking ``Amounts allocated under paragraph (1)'' and inserting the following: ``Any amounts allocated under paragraph (1) for a State that remain after amounts are made available for use under paragraph (8)''; and (ii) in clause (i), by striking ``a State that'' and inserting ``the State, if the State''; (B) by striking subparagraph (B) and inserting the following new subparagraph: ``(B) If a State has not elected to distribute the amounts allocated under paragraph (1) for the State that remain after amounts are made available for use under paragraph (8), the Secretary shall distribute such amounts.''; and (C) in subparagraphs (C) and (D), by striking ``under paragraph (1)'' each place it appears and inserting the following: ``for the State under paragraph (1) that remain after amounts are made available for use under paragraph (8)''; (2) in paragraph (5) (as added by section 811 of the Housing and Community Development Act of 1992 (Public Law 102- 550; 106 Stat. 3850)), by striking ``distribution in nonentitlement areas'' and inserting ``use under this subsection''; (3) by redesignating the second paragraph designated as paragraph (5) (as added by section 106(i) of the Housing and Urban-Rural Recovery Act of 1983 (97 Stat. 1166)) and paragraph (6) as paragraphs (6) and (7), respectively; and (4) by adding at the end the following new paragraph: ``(8) Of any amounts allocated under paragraph (1) for a State for any fiscal year, the State may use not more than 20 percent of such amounts for the activity under section 105(a)(24), and the remainder of the amounts shall be distributed in accordance with this subsection. In the case of a State described in paragraph (2)(B), the Secretary shall make such amounts available to the State upon a determination that the use of such amounts complies with the requirements under section 105(a)(24) and this title.''. SEC. 4. STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES. Section 104(a)(1) is amended by adding at the end the following new sentence: ``In the case of any State receiving amounts pursuant to section 106(d)(8), the statement of projected uses of funds shall include a statement of the proposed eligible activity under section 105(a)(24) for which the amounts will be used and the percentage of the allocation for the State under section 106(d)(1) to be used for such activity.''. | Charitable Giving Partnership Act - Amends the Housing and Community Development Act of 1974 to authorize States to use community development block grants provided for nonentitlement areas to offset the costs of State charity tax credits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Offshoring Prevention Act''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting ``, and'', by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: ``(5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)).''. (b) Definition of Imported Property Income.--Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(j) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(5), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property; ``(B) the sale, exchange, or other disposition of imported property; or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States; or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(D) Exception for certain agricultural commodities.--The term `imported property' does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. ``(B) United states.--For purposes of this subsection, the term `United States' includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. ``(C) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(D) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.''. (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: ``(B) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I) and (K) as subparagraphs (J) and (K) respectively, and by inserting after subparagraph (H) the following new subparagraph: ``(I) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)).''. (3) Conforming amendment.--Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting ``or imported property income'' after ``passive category income''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended-- (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: ``(II) imported property income,''. (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking ``subsection (a)(5)'' and inserting ``subsection (a)(4)''. (3) Paragraph (5) of section 954(b) of such Code is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.--The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. | Offshoring Prevention Act This bill amends the Internal Revenue Code to include imported property income in foreign base company income, for purposes of determining the income of controlled foreign corporations. The bill defines "imported property income" as, with certain exceptions, income derived in connection with: manufacturing, producing, growing, or extracting imported property; the sale, exchange, or other disposition of imported property; or the lease, rental, or licensing of imported property. The bill also provides for a separate application of limitations on the foreign tax credit for imported property income. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Surveillance State Repeal Act''. SEC. 2. REPEAL OF USA PATRIOT ACT. (a) Repeal.--The USA PATRIOT Act (Public Law 107-56) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under the USA PATRIOT Act (Public Law 107-56) and the amendments made by such Act, as in effect the day before the date of the enactment of this Act, concerning a United States person that is not related to an investigation that is actively ongoing on such date. SEC. 3. REPEAL OF THE FISA AMENDMENTS ACT OF 2008. (a) Repeal.--The FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477) is repealed, and the provisions of law amended or repealed by such Act are restored or revived as if such Act had not been enacted. (b) Exception.--Subsection (a) of this Act shall not apply to sections 103 and 110 of the FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477). (c) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as in effect the day before the date of the enactment of this Act, concerning a United States person that is not related to an investigation that is actively ongoing on such date. SEC. 4. TERMS OF JUDGES ON FOREIGN INTELLIGENCE SURVEILLANCE COURT; REAPPOINTMENT; SPECIAL MASTERS. (a) Terms; Reappointment.--Section 103(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(d)) is amended-- (1) by striking ``maximum of seven'' and inserting ``maximum of ten''; and (2) by striking ``and shall not be eligible for redesignation''. (b) Special Masters.--Section 103(f) of such Act, as amended by section 3 of this Act, is further amended by adding at the end the following new paragraph: ``(4) Special Masters.-- ``(A) The courts established pursuant to subsections (a) and (b) may appoint one or more Special Masters to advise the courts on technical issues raised during proceedings before the courts. ``(B) In this paragraph, the term `Special Master' means an individual who has technological expertise in the subject matter of a proceeding before a court established pursuant to subsection (a) or (b).''. SEC. 5. ELECTRONIC SURVEILLANCE OF SPECIFIED PERSONS WITHOUT REGARD TO SPECIFIC DEVICE. Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended to read as follows: ``(B) that, upon the request of the applicant, any person or entity shall furnish the applicant forthwith all information, facilities, or technical assistance necessary to accomplish the electronic surveillance in such a manner as will protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing that target of electronic surveillance;''. SEC. 6. ADDITIONAL PROVISIONS FOR COLLECTIONS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) In General.--Title VII of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further amended to read as follows: ``TITLE VII--ADDITIONAL PROVISIONS ``SEC. 701. WARRANT REQUIREMENT. ``Notwithstanding any other provision of this Act, no information relating to a United States person may be acquired pursuant to this Act without a valid warrant based on probable cause.''. (b) Table of Contents Amendments.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of this Act, is further amended by striking the items relating to title VII and section 701 and inserting the following new items: ``TITLE VII--ADDITIONAL PROVISIONS ``701. Warrant requirement.''. SEC. 7. ENCRYPTION AND PRIVACY TECHNOLOGY OF ELECTRONIC DEVICES AND SOFTWARE. Notwithstanding any other provision of law, the Federal Government shall not mandate that the manufacturer of an electronic device or software for an electronic device build into such device or software a mechanism that allows the Federal Government to bypass the encryption or privacy technology of such device or software. SEC. 8. GAO COMPLIANCE EVALUATIONS. (a) In General.--The Comptroller General of the United States shall annually evaluate compliance by the Federal Government with the provisions of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Report.--The Comptroller General shall annually submit to Congress a report containing the results of the evaluation conducted under subsection (a). SEC. 9. WHISTLEBLOWER COMPLAINTS. (a) Authorization To Report Complaints or Information.--An employee of or contractor to an element of the intelligence community that has knowledge of the programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) may submit a covered complaint-- (1) to the Comptroller General of the United States; (2) to the Permanent Select Committee on Intelligence of the House of Representatives; (3) to the Select Committee on Intelligence of the Senate; or (4) in accordance with the process established under section 103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)). (b) Investigations and Reports to Congress.--The Comptroller General shall investigate a covered complaint submitted pursuant to subsection (b)(1) and shall submit to Congress a report containing the results of the investigation. (c) Covered Complaint Defined.--In this section, the term ``covered complaint'' means a complaint or information concerning programs and activities authorized by the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) that an employee or contractor reasonably believes is evidence of-- (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. SEC. 10. PROHIBITION ON INTERFERENCE WITH REPORTING OF WASTE, FRAUD, ABUSE, OR CRIMINAL BEHAVIOR. (a) In General.--Notwithstanding any other provision of law, no officer or employee of an element of the intelligence community shall take any retaliatory action against an employee of or contractor to an element of the intelligence community who seeks to disclose or discloses covered information to-- (1) the Comptroller General; (2) the Permanent Select Committee on Intelligence of the House of Representatives; (3) the Select Committee on Intelligence of the Senate; or (4) the Office of the Inspector General of the Intelligence Community. (b) Administrative Sanctions.--An officer or employee of an element of the intelligence community who violates subsection (a) shall be subject to administrative sanctions, up to and including termination. (c) Definitions.--In this section: (1) Covered information.--The term ``covered information'' means any information (including classified or sensitive information) that an employee or contractor reasonably believes is evidence of-- (A) a violation of any law, rule, or regulation; or (B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. (2) Intelligence community.--The term ``intelligence community'' has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). SEC. 11. PROHIBITION OF TARGETING UNITED STATES PERSONS UNDER EXECUTIVE ORDER 12333 WITHOUT A WARRANT. (a) Prohibition on Targeting of United States Persons Without a Warrant.--Notwithstanding any other provision of law, no United States person may be the target of an acquisition under Executive Order 12333 without a valid warrant based on probable cause. (b) Audit of Compliance With Prohibition.-- (1) Audit.--The Comptroller General of the United States shall annually conduct an audit of intelligence collection under Executive Order 12333 to ensure compliance with the requirement under subsection (a). (2) Report.--The Comptroller General shall annually submit to Congress a report containing the results of each audit conducted under paragraph (1). (c) Destruction of Certain Information.--The Director of National Intelligence and the Attorney General shall destroy any information collected under Executive Order 12333 without a valid warrant based on probable cause concerning a United States person that is not related to an investigation that is actively ongoing on the date of the enactment of this Act. | Surveillance State Repeal Act Repeals the USA PATRIOT Act and the FISA Amendments Act of 2008 (thereby restoring or reviving provisions amended or repealed by such Acts as if such Acts had not been enacted), except with respect to reports to Congress regarding court orders under the Foreign Intelligence Surveillance Act of 1978 (FISA) and the acquisition of intelligence information concerning an entity not substantially composed of U.S. persons that is engaged in the international proliferation of weapons of mass destruction. Extends from 7 to 10 years the maximum term of FISA judges. Makes such judges eligible for redesignation. Permits FISA courts to appoint special masters to advise on technical issues raised during proceedings. Requires orders approving certain electronic surveillance to direct that, upon request of the applicant, any person or entity must furnish all information, facilities, or technical assistance necessary to accomplish such surveillance in a manner to protect its secrecy and produce a minimum of interference with the services that such carrier, landlord, custodian, or other person is providing the target of such surveillance (thereby retaining the ability to conduct surveillance on such targets regardless of the type of communications methods or devices being used by the subject of the surveillance). Prohibits acquisitions under FISA relating to a U.S. person, or acquisitions under Executive Order 12333 targeting a U.S. person, without a warrant based on probable cause. Requires the Director of National Intelligence and the Department of Justice to destroy any information collected under the repealed Acts, or acquired under Executive Order 12333 without a warrant, if the information concerns a U.S. person that is not related to an investigation that is actively ongoing on the date of enactment of this Act. Prohibits the federal government from requiring manufacturers of electronic devices and related software to build in mechanisms allowing the federal government to bypass encryption or privacy technology. Directs the Government Accountability Office (GAO) to report annually on the federal government's compliance with FISA. Permits an employee of or contractor to an element of the intelligence community with knowledge of FISA-authorized programs and activities to submit a covered complaint to the GAO, to the House or Senate intelligence committees, or in accordance with a process under the National Security Act of 1947 with respect to reports made to the Inspector General of the Intelligence Community. Defines a "covered complaint" as a complaint or information concerning FISA-authorized programs and activities that an employee or contractor reasonably believes is evidence of: (1) a violation of any law, rule, or regulation; or (2) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. Prohibits an officer or employee of an element of the intelligence community from taking retaliatory action against an employee or contractor who seeks to disclose, or who discloses, such information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Improper Payments to Deceased People Act''. SEC. 2. DISTRIBUTION OF DEATH INFORMATION FURNISHED TO OR MAINTAINED BY THE SOCIAL SECURITY ADMINISTRATION. (a) In General.-- (1) In general.--Section 205(r) of the Social Security Act (42 U.S.C. 405(r)) is amended-- (A) in paragraph (2)-- (i) by striking ``may'' and inserting ``shall''; and (ii) by inserting ``, and to ensure the completeness, timeliness, and accuracy of,'' after ``transmitting''; (B) by striking paragraphs (3), (4), and (5) and inserting the following: ``(3)(A) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection in accordance with subparagraph (B), subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, by any Federal or State agency providing federally funded benefits or administering a Federal program for such benefits, including the agency operating the Do Not Pay working system for ensuring proper payment of those benefits, through a cooperative arrangement with the agency (that includes the agency's Inspector General) or with an agency's Inspector General, if-- ``(i) under such arrangement the agency (including, if applicable, the agency's Inspector General) provides reimbursement to the Commissioner of Social Security for the reasonable cost of carrying out such arrangement, including the reasonable costs associated with the collection and maintenance of information regarding deceased individuals furnished to the Commissioner pursuant to paragraph (1), and ``(ii) such arrangement does not conflict with the duties of the Commissioner of Social Security under paragraph (1). ``(B) The Commissioner of Social Security shall, to the extent feasible, provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, through a cooperative arrangement in order for a Federal agency to carry out any of the following purposes, if the requirements of clauses (i) and (ii) of subparagraph (A) are met: ``(i) Operating the Do Not Pay working system established by section 5 of the Improper Payments Elimination and Recovery Improvement Act of 2012. Under such arrangement, the agency operating the working system may compare death information disclosed by the Commissioner with personally identifiable information reviewed through the working system, and may redisclose such comparison of information, as appropriate, to any Federal or State agency authorized to use the working system. ``(ii) To ensure proper payments under a Federal program or the proper payment of federally funded benefits, including for purposes of payment certification, payment disbursement, and the prevention, identification, or recoupment of improper payments. ``(iii) To carry out tax administration or debt collection duties of the agency. ``(iv) For use by any policing agency of the Federal Government with the principle function of prevention, detection, or investigation of crime or the apprehension of alleged offenders. ``(4) The Commissioner of Social Security may enter into similar arrangements with States to provide information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, for any of the purposes specified in paragraph (3)(B), for use by States in programs wholly funded by the States, or for use in the administration of a benefit pension plan or retirement system for employees of a State or a political subdivision thereof, if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the terms `retirement system' and `political subdivision' have the meanings given such terms in section 218(b). ``(5) The Commissioner of Social Security may use or provide for the use of information regarding all deceased individuals furnished to or maintained by the Commissioner under this subsection, subject to such safeguards as the Commissioner of Social Security determines are necessary or appropriate to protect the information from unauthorized use or disclosure, for statistical purposes and research activities by Federal and State agencies if the requirements of clauses (i) and (ii) of paragraph (3)(A) are met. For purposes of this paragraph, the term `statistical purposes' has the meaning given that term in section 502 of the Confidential Information Protection and Statistical Efficiency Act of 2002.''; and (C) in paragraph (8)(A)(i), by striking ``subparagraphs (A) and (B) of paragraph (3)'' and inserting ``clauses (i) and (ii) of paragraph (3)(A)''. (2) Repeal.--Effective on the date that is 5 years after the date of enactment of this Act, the amendments made by this subsection to paragraphs (3), (4), (5), and (8) of section 205(r) of the Social Security Act (42 U.S.C. 405(r)) are repealed, and the provisions of section 205(r) of the Social Security Act (42 U.S.C. 605(r)) so amended are restored and revived as if such amendments had not been enacted. (b) Amendment to Internal Revenue Code.--Section 6103(d)(4) of the Internal Revenue Code of 1986 is amended-- (1) in subparagraphs (A) and (B), by striking ``Secretary of Health and Human Services'' each place it appears and inserting ``Commissioner of Social Security''; and (2) in subparagraph (B)(ii), by striking ``such Secretary'' and all that follows through ``deceased individuals.'' and inserting ``such Commissioner pursuant to such contract, except that such contract may provide that such information is only to be used by the Social Security Administration (or any other Federal agency) for purposes authorized in the Social Security Act or this title.''. (c) Report to Congress on Alternative Sources of Death Data.-- (1) Requirements.--The Director of the Office of Management and Budget shall conduct a review of potential alternative sources of death data maintained by the non-Federal sources, including sources maintained by State agencies or associations of State agencies, for use by Federal agencies and programs. The review shall include analyses of-- (A) the accuracy and completeness of such data; (B) interoperability of such data; (C) the extent to which there is efficient accessability of such data by Federal agencies; (D) the cost to Federal agencies of accessing and maintaining such data; (E) the security of such data; (F) the reliability of such data; and (G) a comparison of the potential alternate sources of death data to the death data distributed by the Commissioner of Social Security. (2) Report.--Not later than 4 years after the date of enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress on the results of the review and analyses required under paragraph (1). The report shall include a recommendation by the Director of the Office of Management and Budget regarding whether to extend the agency access to death data distributed by the Commissioner of Social Security provided under the amendments made by subsection (a)(1) beyond the date on which such amendments are to be repealed under subsection (a)(2). SEC. 3. IMPROVING THE USE OF DATA BY GOVERNMENT AGENCIES TO CURB IMPROPER PAYMENTS. The Improper Payments Elimination and Recovery Improvement Act of 2012 (31 U.S.C. 3321 note) is amended by adding at the end the following: ``SEC. 7. IMPROVING THE USE OF DEATH DATA BY GOVERNMENT AGENCIES. ``(a) Guidance by the Office of Management and Budget.-- ``(1) Guidance to agencies.--Not later than 6 months after the date of enactment of this section, and in consultation with the Council of Inspectors General on Integrity and Efficiency and the heads of other relevant Federal, State, and local agencies, and Indian tribes and tribal organizations, the Director of the Office of Management and Budget shall issue guidance for each agency or component of an agency that operates or maintains a database of information relating to beneficiaries, annuity recipients, or any purpose described in section 205(r)(3)(B) of the Social Security Act (42 U.S.C. 405(r)(3)(B)) for which improved data matching with databases relating to the death of an individual (in this section referred to as `death databases') would be relevant and necessary regarding implementation of this section to provide such agencies or components access to the death databases no later than 6 months after such date of enactment. ``(2) Plan to assist states and local agencies and indian tribes and tribal organizations.--Not later than 1 year after the date of enactment of this section, the Director of the Office of Management and Budget shall develop a plan to assist States and local agencies, and Indian tribes and tribal organizations, in providing electronically to the Federal Government records relating to the death of individuals, which may include recommendations to Congress for any statutory changes or financial assistance to States and local agencies and Indian tribes and tribal organizations that are necessary to ensure States and local agencies and Indian tribes and tribal organizations can provide such records electronically. The plan may include recommendations for the authorization of appropriations or other funding to carry out the plan. ``(b) Reports.-- ``(1) Report to congress on improving data matching regarding payments to deceased individuals.--Not later than 270 days after the date of enactment of this section, the Director of the Office of Management and Budget, in consultation with the heads of other relevant Federal agencies, and in consultation with States and local agencies, Indian tribes and tribal organizations, shall submit to Congress a plan to improve how States and local agencies and Indian tribes and tribal organizations that provide benefits under a federally funded program will improve data matching with the Federal Government with respect to the death of individuals who are recipients of such benefits. ``(2) Annual report.--Not later than 1 year after the date of enactment of this section, and for each of the 4 succeeding years, the Director of the Office of Management and Budget shall submit to Congress a report regarding the implementation of this section. The first report submitted under this paragraph shall include the recommendations of the Director required under subsection (a)(2). ``(c) Definitions.--In this section, the terms `Indian tribe' and `tribal organization' have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).''. SEC. 4. PLAN FOR ENSURING THE ACCURACY AND COMPLETENESS OF DEATH DATA MAINTAINED AND DISTRIBUTED BY THE SOCIAL SECURITY ADMINISTRATION. (a) In General.--Not later than 90 days after the date of enactment of this Act, the Commissioner of Social Security, in consultation with the Secretary of Commerce, shall submit to Congress a plan, which shall include the elements described in subsection (b), to ensure the accuracy and completeness of the death data (including data regarding individuals who are not eligible for or receiving benefits under titles II or XVI of the Social Security Act) maintained and furnished by the Social Security Administration. (b) Content of Plan.--The plan required under subsection (a) shall include the following elements: (1) A procedure for identifying extremely elderly individuals who are still alive according to the records of the Social Security Administration and verifying the accuracy of this information. (2) Improved policies and procedures for identifying and correcting erroneous records, including policies and procedures for-- (A) identifying individuals listed as dead who are actually alive; (B) identifying individuals listed as alive who are actually dead; and (C) allowing individuals or survivors of deceased individuals to notify the Social Security Administration of potential errors. (3) Improved policies and procedures to identify and correct errors in the records of the Numerical Identification System, and death data. (4) A process for employing statistical analysis of the death data maintained and distributed by the Social Security Administration to determine an estimate of the number of erroneous records. (5) Recommendations for legislation. (c) Implementation of Plan.--Not later than 2 years after the date of enactment of this Act, the Commissioner of Social Security shall implement the plan required under subsection (a). | Stopping Improper Payments to Deceased People Act Amends title II (Old Age, Survivors, and Disability Insurance Benefits) of the Social Security Act to direct the Social Security Administration (SSA) to: (1) provide information on all deceased individuals that is furnished to or maintained by SSA, subject to appropriate safeguards against unauthorized use or disclosure, to federal or state agencies providing benefits or administering a federal program; and (2) provide for the use of such information by federal agencies to operate the Do Not Pay working system and to carry out tax administration or debt collection duties. Directs the Office of Management and Budget (OMB) to analyze and report to Congress on potential alternative sources of death data maintained by non-federal sources. Amends the Improper Payments Elimination and Recovery Improvement Act of 2012 to require the OMB to: (1) issue guidance to agencies that operate or maintain a database of information relating to beneficiaries, annuity recipients, or other purposes for which improved data matching with databases would be relevant and necessary; (2) develop a plan to assist states and local agencies, and Indian Tribes and tribal organizations, to provide information, in an electronic format, to the federal government on the deaths of individuals; and (3) submit to Congress a plan to improve data matching with the federal government on the death of individuals who are benefit recipients and an annual report on the implementation of such requirements. Directs the SSA to submit a plan to ensure the accuracy and completeness of death data of individuals who are not eligible for or receiving social security benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dietary Supplement Regulatory Implementation Act of 2004''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Over 158,000,000 Americans regularly consume dietary supplements to maintain and improve their health. (2) Consumer expenditures on dietary supplements reached a reported $17,100,000,000 in 2000, double the amount spent in 1994. (3) According to a recent report issued by the Food and Drug Administration (``FDA'') the use of dietary supplements is likely to grow due to factors such as the aging of the baby boom generation, increased interest in self-sufficiency, and advances in science that are uncovering new relationships between diet and disease. (4) In 1994, the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417) (``DSHEA'') was enacted. That Act balanced continued consumer access to vitamins, minerals, and other dietary supplements, increased scientific research on the benefits and risks of dietary supplements, public education on dietary supplements, and needed consumer protections. (5) DSHEA requires that claims made on dietary supplement labels, packaging, and accompanying material be truthful, non- misleading, and substantiated. Manufacturers are prohibited from making claims that products are intended to diagnose, treat, mitigate, cure, or prevent a disease. (6) DSHEA provides for good manufacturing practice standards setting requirements for potency, purity, sanitary conditions, and recordkeeping for dietary supplements. (7) DSHEA provides that dietary supplements are to be regulated like foods and not drugs or food additives. (8) DSHEA requires that manufacturers submit adequate information as to the safety of any new ingredients contained in dietary supplements before those products can be sold. (9) DSHEA provides the FDA with a number of powers to remove unsafe dietary supplements from the marketplace. (10) DSHEA created the Office of Dietary Supplements within the National Institutes of Health to expand research and consumer information about the health effects of dietary supplements. (11) The FDA has not adequately used its authority to enforce DSHEA. (12) The FDA needs adequate resources to appropriately implement and enforce DSHEA. Congress has appropriated additional funds over the last several years beyond those requested in the President's budget to implement and enforce DSHEA, reaching $9,700,000 in fiscal year 2003. (13) However, according to the FDA, full implementation of DSHEA would require substantial additional resources. The FDA asserts that between $24,000,000 and $65,000,000 per year will be needed to fully implement DSHEA. SEC. 3. AUTHORIZATION AND APPROPRIATION OF RESOURCES. (a) Authorization of Appropriations.--There are authorized to be appropriated to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.)-- (1) $30,000,000 for fiscal year 2006; (2) $40,000,000 for fiscal year 2007; (3) $50,000,000 for fiscal year 2008; and (4) $65,000,000 for fiscal year 2009. (b) Appropriation of Funds for Fiscal Year 2005.--There is appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417), the amendments made by such Act, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), $20,000,000 for fiscal year 2005. (c) Office of Dietary Supplements.-- (1) Authorization of appropriations.--There are authorized to be appropriated for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health such sums as may be necessary for each of the fiscal years 2006 through 2009. (2) Appropriation of funds for fiscal year 2005.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health $30,000,000 for fiscal year 2005. (d) Use of Funds.--The Secretary of Health and Human Services shall fully and appropriately use the funds appropriated in subsections (b) and (c) and pursuant to subsection (a) to regulate dietary supplements. SEC. 4. ANNUAL ACCOUNTABILITY REPORT ON THE REGULATION OF DIETARY SUPPLEMENTS. (a) In General.--Not later than January 31, 2006, and annually thereafter, the Secretary shall submit a report to Congress on the implementation and enforcement of the Dietary Supplement Health and Education Act of 1994 (Public Law 103-417). (b) Contents.--The report under subsection (a) shall include the following: (1) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to dietary supplement regulation over the prior fiscal year. (2) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to administering adverse event reporting systems as they relate to dietary supplement regulation over the prior fiscal year. (3) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to enforcement of dietary supplement labeling and claims requirements over the prior fiscal year and an explanation of their activities. (4) The total funding and number of full-time equivalent personnel in the Food and Drug Administration dedicated to good manufacturing practices inspections of dietary supplement manufacturers over the prior fiscal year and an explanation of their activities. (5) The number of good manufacturing practices inspections of dietary supplement manufacturers by the Food and Drug Administration over the prior fiscal year and a summary of the results. (6) The number of new ingredient reviews and safety reviews related to dietary supplements and the results of those reviews. (7) An explanation of all enforcement actions taken by the Food and Drug Administration and the Department of Health and Human Services related to dietary supplements over the prior fiscal year, including the number and type of actions. (8) The number of dietary supplement claims for which the Food and Drug Administration requested substantiation from the manufacturer over the prior fiscal year, and the agency's response. (9) The number of dietary supplement claims determined to be false, misleading, or unsubstantiated by the Food and Drug Administration over the prior fiscal year. (10) The research and consumer education activities supported by the Office of Dietary Supplements of the National Institutes of Health. (11) Any recommendations for administrative or legislative actions regarding the regulation of dietary supplements. (12) Any other information regarding the regulation of dietary supplements determined appropriate by the Secretary. SEC. 5. DIETARY SUPPLEMENTS CONTAINING EPHEDRINE ALKALOIDS. (a) Findings.--The Congress finds that-- (1) dietary supplements containing ephedrine alkaloids may present a significant or unreasonable risk of illness or injury; and (2) through section 402(f) of the Federal Food, Drug, and Cosmetic Act (established by the Dietary Supplement Health and Education Act of 1994), the Congress has granted the Secretary the authority to remove from the market dietary supplements that present such a risk. (b) Sense of Congress Regarding Risk of Illness or Injury.--It is the sense of the Congress that, in the event the Secretary determines under section 402(f) of the Federal Food, Drug, and Cosmetic Act that a dietary supplement containing ephedrine alkaloids presents a significant or unreasonable risk of illness or injury-- (1) all dietary supplements containing such alkaloids should be declared to be adulterated in accordance with such section; and (2) the Secretary should take all necessary actions to remove all such supplements from the market. (c) Sense of Congress Regarding Botanical Sources.--It is the sense of the Congress that the Secretary should take steps to assure the continued availability of botanical sources of ephedrine alkaloids that-- (1) are in forms that have not been manipulated or chemically altered to increase their ephedrine alkaloid concentration or content; (2) are marketed at dosages that are substantiated to be at levels used in traditional herbal formulas; and (3) are labeled only for traditional uses and not for weight loss or energy. SEC. 6. EDUCATION PROGRAMS REGARDING DIETARY SUPPLEMENTS. (a) Health Care Professionals.-- (1) In general.--The Secretary shall carry out a program to educate health professionals on the safety and health benefits of dietary supplements, including the potential for dietary supplement/drug interactions. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose. (b) Consumers.-- (1) In general.--The Secretary shall carry out a program to educate consumers of dietary supplements on the safety and health benefits of the dietary supplements, including the potential for dietary supplement/drug interactions through public education forums, advertisements, and the Internet. (2) Authorization of appropriations.--For the purpose of carrying out paragraph (1), there is authorized to be appropriated $5,000,000 for fiscal year 2005, in addition to any other authorization of appropriations that is available with respect to such purpose. SEC. 7. ADVERSE EVENT REPORTING SYSTEM. The Secretary shall establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product. SEC. 8. DEFINITION. For purposes of this Act, the term ``Secretary'' means the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs. | Dietary Supplement Regulatory Implementation Act of 2004 - Makes appropriations for FY 2005, and authorizes appropriations for FY 2006 through 2009: (1) to carry out the Dietary Supplement Health and Education Act of 1994 (DSHEA), the amendments made by DSHEA, and all applicable regulatory requirements for dietary supplements under the Federal Food, Drug, and Cosmetic Act; and (2) for expanded research and development of consumer information, including information on safety and beneficial effects, of dietary supplements by the Office of Dietary Supplements at the National Institutes of Health. Directs the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, to: (1) fully and appropriately use such funds to regulate dietary supplements; (2) report annually on DSHEA implementation and enforcement; (3) carry out programs to educate health professionals and consumers on the safety and health benefits of the dietary supplements, including the potential for interactions of dietary supplements and drugs (using specified funds authorized by this Act); and (4) establish a system for the requirements for the reporting of serious adverse experiences associated with the use of a dietary supplement received by the manufacturer, packer, or distributor whose name appears on the label of the product. Expresses the sense of the Congress regarding dietary supplements containing ephedrine alkaloids. |
SECTION 1. FORT PRESQUE ISLE NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Findings and Purposes.-- (1) Findings.--The Congress finds the following: (A) Fort Presque Isle was a frontier outpost located on Garrison Hill in the area of present-day Erie, Pennsylvania, which was the site of the American installations built in 1795 and 1796 and in the War of 1812. (B) General Anthony Wayne was a Revolutionary War hero who served under General George Washington and, at one point, was commanding general of the United States Army. He first arrived in the area of Presque Isle in 1786. (C) Legend has it that General Wayne was nicknamed ``Mad'' by his troops, not for being rash or foolish, but for his leadership and bravery on and off the battlefield. (D) The original blockhouse of Fort Presque Isle was built in 1795 by 200 Federal troops from General Wayne's army, under the direction of Captain John Grubb. It was the first blockhouse used as part of a defensive system established to counter Native American uprisings. It was also used during the War of 1812. (E) General Wayne was stricken ill at Fort Presque Isle and died there in 1796. At his request, his body was buried under the flagpole of the northwest blockhouse of the fort. (F) The original blockhouse of Fort Presque Isle burned in 1852, and the existing structure was built by the Commonwealth of Pennsylvania in 1880 as a memorial to General Wayne. (G) The Pennsylvania Historical and Museum Commission has recognized the reconstructed blockhouse as eligible for placement on the National Register of Historic Places. (2) Purposes.--The purposes of this section are the following: (A) To provide for reconstruction of the frontier fort at Presque Isle for the benefit, inspiration, and education of the people of the United States. (B) To preserve the original grave site of General ``Mad'' Anthony Wayne at Fort Presque Isle. (C) To broaden understanding of the historical significance of Fort Presque Isle. (b) Definitions.--In this section: (1) Historic site.--The term ``historic site'' means the Fort Presque Isle National Historic Site established by subsection (c). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (c) Establishment of Fort Presque Isle National Historic Site.-- (1) Establishment.--There is established as a unit of the National Park System the Fort Presque Isle National Historic Site in Erie, Pennsylvania. (2) Description.-- (A) In general.--The historic site shall consist of land and improvements comprising the historic location of Fort Presque Isle, including the existing blockhouse replica at that location, as depicted on a map entitled ``________'', numbered ________ and dated ________, comprising approximately ________ acres. (B) Map and boundary description.--The map referred to in subparagraph (A) and accompanying boundary description shall be on file and available for public inspection in the office of the Director of the National Park Service and any other office of the National Park Service that the Secretary determines to be an appropriate location for filing the map and boundary description. (d) Administration of the Historic Site.-- (1) In general.--The Secretary shall administer the historic site in accordance with this section and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act; 16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (commonly known as the Historic Sites, Buildings, and Antiquities Act; 16 U.S.C. 461 et seq.). (2) Cooperative agreements.--To further the purposes of this section, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution. (3) Technical and preservation assistance.-- (A) In general.--The Secretary may provide to any eligible person described in subparagraph (B) technical assistance for the preservation of historic structures of, the maintenance of the cultural landscape of, and local preservation planning for, the historic site. (B) Eligible persons.--The eligible persons described in this subparagraph are-- (i) an owner of real property within the boundary of the historic site, as described in subsection (c)(2); and (ii) any interested individual, agency, organization, or institution that has entered into an agreement with the Secretary pursuant to paragraph (2) of this subsection. (e) Acquisition of Real Property.--The Secretary may acquire by donation, exchange, or purchase with funds made available by donation or appropriation, such lands or interests in lands as may be necessary to allow for the interpretation, preservation, or restoration of the historic site. (f) General Management Plan.-- (1) In general.--Not later than the last day of the third full fiscal year beginning after the date of enactment of this Act, the Secretary shall, in consultation with the officials described in paragraph (2), prepare a general management plan for the historic site. (2) Consultation.--In preparing the general management plan, the Secretary shall consult with an appropriate official of each appropriate political subdivision of the State of Pennsylvania that has jurisdiction over all or a portion of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. (g) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. | Establishes the Fort Presque Isle National Historic Site in Erie, Pennsylvania, as a unit of the National Park System.Authorizes the Secretary of the Interior to acquire lands or interests and to prepare a general management plan for the site. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Interstate Abortion Notification Act''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. Title 18, United States Code, is amended by inserting after chapter 117 the following: ``CHAPTER 117A--TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION ``Sec. ``2431. Transportation of minors in circumvention of certain laws relating to abortion. ``2432. Transportation of minors in circumvention of certain laws relating to abortion. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Offense.-- ``(1) Generally.--Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor's abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. ``(2) Definition.--For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. ``(b) Exceptions.-- ``(1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. ``(2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 based on a violation of this section. ``(c) Affirmative Defense.--It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant-- ``(1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides; or ``(2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. ``(d) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(e) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma or a criminal assault on the pregnant female or her unborn child; ``(2) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor's abortion decision; ``(4) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor's abortion decision as a person to whom notification, or from whom consent, is required; and ``(5) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to abortion ``Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms `State', `minor', and `abortion' have, respectively, the definitions given those terms in section 2435.''. SEC. 3. CHILD INTERSTATE ABORTION NOTIFICATION. Title 18, United States Code, is amended by inserting after chapter 117A the following: ``CHAPTER 117B--CHILD INTERSTATE ABORTION NOTIFICATION ``Sec. ``2435. Child interstate abortion notification. ``Sec. 2435. Child interstate abortion notification ``(a) Offense.-- ``(1) Generally.--A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both. ``(2) Parental notification.--A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not possible after a reasonable effort has been made, 24 hours constructive notice must be given to a parent. ``(b) Exceptions.--The notification requirement of subsection (a)(2) does not apply if-- ``(1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor's abortion decision and the physician complies with the requirements of that law; ``(2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor's State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; ``(3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; ``(4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or ``(5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. ``(c) Civil Action.--Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). ``(d) Definitions.--For the purposes of this section-- ``(1) the term `abortion' means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant, with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, to terminate an ectopic pregnancy, or to remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child; ``(2) the term `actual notice' means the giving of written notice directly, in person, by the physician or any agent of the physician; ``(3) the term `constructive notice' means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; ``(4) the term a `law requiring parental involvement in a minor's abortion decision' means a law-- ``(A) requiring, before an abortion is performed on a minor, either-- ``(i) the notification to, or consent of, a parent of that minor; or ``(ii) proceedings in a State court; ``(B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; ``(5) the term `minor' means an individual who is not older than 18 years and who is not emancipated under State law; ``(6) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides; as determined by State law; ``(7) the term `physician' means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and ``(8) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation.''. SEC. 4. CLERICAL AMENDMENT. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: ``117A. Transportation of minors in circumvention of certain 2431 laws relating to abortion. ``117B. Child interstate abortion notification.............. 2435''. SEC. 5. SEVERABILITY AND EFFECTIVE DATE. (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act. | Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor child across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minors state of residence that requires parental involvement in the minors abortion decision). Makes an exception for an abortion necessary to safe the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant: (1) reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place; or (2) was presented with documentation showing that a court waived parental notification requirements or authorized the minor's abortion. Defines "abortion" as the termination of a pregnancy with an intention other than to increase the probability of a live birth, preserve the life or health of the child after live birth, remove a dead unborn child who died as the result of a spontaneous abortion, accidental trauma, or a criminal assault on the pregnant female or her unborn child. Imposes a fine and/or prison term of up to one year on a physician who performs or induces an abortion on an out-of-state minor in violation of parental notification requirements. Requires such physician to give 24-hour actual or constructive notice to a parent of the minor seeking an abortion, subject to certain exceptions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``OPIC Termination Act''. SEC. 2. TERMINATION OF OVERSEAS PRIVATE INVESTMENT CORPORATION. (a) Termination of Authority To Make New Obligations.-- (1) In general.--Effective 60 days after the date of enactment of this Act, the Overseas Private Investment Corporation shall not issue any insurance, guaranties, or reinsurance, make any loan, or acquire any securities, under section 234 of the Foreign Assistance Act of 1961 (22 U.S.C. 2194), enter into any agreements for any other activity authorized by such section 234, or enter into risk sharing arrangements authorized by section 234A of that Act. (2) Effect on existing contracts and agreements.--Paragraph (1) does not require the termination of any contract or other agreement entered into before such paragraph takes effect. (b) Termination of OPIC.--Effective 180 days after the date of enactment of this Act, the Overseas Private Investment Corporation is abolished. (c) Transfer of Operations to OMB.--The Director of the Office of Management and Budget (referred to in this Act as the ``Director'') shall, effective 180 days after the date of enactment of this Act, perform the functions of the Overseas Private Investment Corporation with respect to contracts and agreements described in subsection (a)(2) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement. The Director shall take the necessary steps to wind up the affairs of the Corporation. (d) Repeal of Authorities.--Effective 180 days after the date of enactment of this Act, title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.) is repealed, but shall continue to apply with respect to functions performed by the Director under subsection (c). (e) Appropriations.--Funds available to the Overseas Private Investment Corporation shall, upon the effective date of the repeal made by subsection (d), be transferred to the Director for use in performing the functions of the Corporation under subsection (c). Upon the expiration of the contracts and agreements with respect to which the Director is exercising such functions, any unexpended balances of the funds transferred under this subsection shall be deposited in the Treasury as miscellaneous receipts. SEC. 3. SAVINGS PROVISIONS. (a) Prior Determinations Not Affected.--The repeal made by section 2(d) of the provisions of law set forth in such section shall not affect any order, determination, regulation, or contract that has been issued, made, or allowed to become effective under such provisions before the effective date of the repeal. All such orders, determinations, regulations, and contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by the President, the Director, or other authorized official, a court of competent jurisdiction, or by operation of law. (b) Pending Proceedings.-- (1) General effect of repeal.--The repeal made by section 2(d) shall not affect any proceedings, including notices of proposed rulemaking, pending on the effective date of the repeal, before the Overseas Private Investment Corporation, except that no insurance, reinsurance, guarantee, or loan may be issued pursuant to any application pending on such effective date. Such proceedings, to the extent that they relate to functions performed by the Director after such repeal, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or revoked by the Director, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (2) Regulations.--The Director is authorized to issue regulations providing for the orderly transfer of proceedings continued under paragraph (1). (c) Actions.--Except as provided in subsection (e)-- (1) the provisions of this Act shall not affect suits commenced before the effective date of the repeal made by section 2(d); and (2) in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and effect as if this Act had not been enacted. (d) Liabilities Incurred.--No suit, action, or other proceeding commenced by or against any officer in the official capacity of such individual as an officer of the Overseas Private Investment Corporation, shall abate by reason of the enactment of this Act. No cause of action by or against the Overseas Private Investment Corporation, or by or against any officer thereof in the official capacity of such officer, shall abate by reason of the enactment of this Act. (e) Parties.--If, before the effective date of the repeal made by section 2(d), the Overseas Private Investment Corporation or an officer thereof in the official capacity of such officer, is a party to a suit, then such suit shall be continued with the Director substituted or added as a party. (f) Review.--Orders and actions of the Director in the exercise of functions of the Overseas Private Investment Corporation shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Overseas Private Investment Corporation. Any statutory requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Overseas Private Investment Corporation shall apply to the exercise of such function by the Director. SEC. 4. TECHNICAL AND CONFORMING AMENDMENTS. (a) Title 5, United States Code.-- (1) Section 5314 of title 5, United States Code, is amended by striking: ``President, Overseas Private Investment Corporation.''. (2) Section 5315 of title 5, United States Code, is amended by striking: ``Executive Vice President, Overseas Private Investment Corporation.''. (3) Section 5316 of title 5, United States Code, is amended by striking: ``Vice Presidents, Overseas Private Investment Corporation (3).''. (b) Other Amendments and Repeals.-- (1) Section 222(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2182(a)) is amended by inserting after ``section 238(c)'' the following: ``as in effect on the day before the effective date of the repeal of that section made by section 2(d) of the OPIC Abolition Act''. (2) Section 2301(b)(9) of the Export Enhancement Act of 1988 (15 U.S.C. 4721(b)(9)) is amended by striking ``the Overseas Private Investment Corporation,''. (3) Section 2312 of the Export Enhancement Act of 1988 (15 U.S.C. 4727) is amended-- (A) in subsection (d)(1)-- (i) by striking subparagraph (K); and (ii) by redesignating subparagraphs (L) and (M) as subparagraphs (K) and (L), respectively; and (B) in subsection (f), by striking ``the Overseas Private Investment Corporation,''. (4) Section 5402(b) of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4902(b)) is amended-- (A) in paragraph (12) by adding ``and'' after the semicolon; (B) by striking paragraph (13); and (C) by redesignating paragraph (14) as paragraph (13). (5) Section 624 of the Higher Education Act of 1965 (20 U.S.C. 1131c) is amended by striking ``the Overseas Private Investment Corporation,''. (6) Section 481(e)(4)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(A)) is amended by striking ``(including programs under title IV of chapter 2, relating to the Overseas Private Investment Corporation)''. (7)(A) Section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) is amended-- (i) by amending subsection (b) to read as follows: ``(b) Countries.--The countries referred to in subsection (a) are countries for which in excess of $5,000,000 has been obligated during the previous fiscal year for assistance under sections 103 through 106, chapters 10 and 11 of part I, and chapter 4 of part II of the Foreign Assistance Act of 1961, and under the Support for East European Democracy Act of 1989.''; and (ii) in the first sentence of subsection (c) by striking ``the Administrator'' and all that follows through ``Corporation'' and inserting ``and the Administrator of the Agency for International Development''. (B) The amendment made by subparagraph (A) shall first apply to the annual report required to be submitted under section 574(a) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (22 U.S.C. 2394 note) in the fiscal year following the fiscal year in which no funds have been obligated by the Overseas Private Investment Corporation by virtue of this Act. (8) Section 2(c)(12) of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401(c)(12)) is repealed. (9) Section 202(b)(2)(B) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6062(b)(2)(B)) is amended-- (A) by striking clause (iv); and (B) by redesignating clauses (v), (vi), and (vii) as clauses (iv), (v), and (vi), respectively. (10) Section 9101(3) of title 31, United States Code, is amended-- (A) by striking subparagraph (H); and (B) by redesignating subparagraphs (I) through (P) as subparagraphs (H) through (O), respectively. (11) The following provisions of law are repealed: (A) Section 5(b)(2) of the Overseas Private Investment Corporation Amendments Act of 1981 (22 U.S.C. 2194a). (B) Section 5 of the Taiwan Relations Act (22 U.S.C. 3304). (C) Subsections (b), (c), and (d) of section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991. (D) Subsections (b), (c), and (d) of section 597 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990. (E) Sections 109 and 111 of the Overseas Private Investment Corporation Amendments Act of 1988, as enacted by reference in section 555 of Public Law 100- 461. (c) Effective Date.--The amendments and repeals made by this section shall take effect 180 days after the date of enactment of this Act. | OPIC Termination Act - Abolishes the Overseas Private Investment Corporation (OPIC). Transfers certain OPIC functions to the Office of Management and Budget with respect to existing contracts and agreements until they expire. |
SECTION 1. SHORT TITLE; REFERENCES. (a) Short Title.--This Act may be cited as the ``Part-time Student Assistance Act''. (b) References.--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 Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. SUPPORT FOR WORKING STUDENTS: INCREASES IN INCOME PROTECTION ALLOWANCES. (a) Dependent Students.--Subparagraph (D) of section 475(g)(2) (20 U.S.C. 1087oo(g)(2)) is amended to read as follows: ``(D) an income protection allowance of $9,000 (or a successor amount prescribed by the Secretary under section 478);''. (b) Independent Students Without Dependents Other Than a Spouse.-- Clause (iv) of section 476(b)(1)(A) (20 U.S.C. 1087pp(b)(1)(A)) is amended to read as follows: ``(iv) an income protection allowance of $12,000 (or a successor amount prescribed by the Secretary under section 478);''. (c) Independent Students With Dependents Other Than a Spouse.-- Paragraph (4) of section 477(b) (20 U.S.C. 1087qq(b)) is amended to read as follows: ``(4) Income protection allowance.--The income protection allowance is determined by the following table (or a successor table prescribed by the Secretary under section 478): ``Income Protection Allowance ---------------------------------------------------------------------------------------------------------------- Family Size Number in College ---------------------------------------------------------------------------------------------------------------- For each (including student) 1 2 3 4 5 additional subtract: ---------------------------------------------------------------------------------------------------------------- 2 $17,580 $15,230 .......... .......... 3 20,940 17,610 $16,260 .......... .......... .......... 4 24,950 22,600 20,270 $17,930 .......... 5 28,740 26,390 24,060 21,720 $19,390 6 32,950 30,610 28,280 25,940 23,610 $2,330 For each additional add: 3,280 3,280 3,280 3,280 3,280 ''. ---------------------------------------------------------------------------------------------------------------- (d) Conforming Amendments.--Paragraph (1) of section 478(b) (20 U.S.C. 1087rr) is amended to read as follows: ``(1) Revised tables.-- ``(A) Parent's income protection allowance.--For each academic year after academic year 1993-1994, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of section 475(c)(4). Such revised table shall be developed by increasing each of the dollar amounts contained in the table in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 1992 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10. ``(B) Independent students with dependents other than a spouse.--For each academic year after academic year 2007-2008, the Secretary shall publish in the Federal Register a revised table of income protection allowances for the purpose of section 477(b)(4). Such revised table shall be developed by increasing each of the dollar amounts contained in the table in such section by a percentage equal to the estimated percentage increase in the Consumer Price Index (as determined by the Secretary) between December 2006 and the December next preceding the beginning of such academic year, and rounding the result to the nearest $10.''. SEC. 3. EXEMPTING EARNED INCOME CREDITS FROM THE CALCULATION OF INCOME. Section 480(a)(2) (20 U.S.C. 1087vv(a)(2)) is amended by inserting ``or section 32'' after ``section 25A''. SEC. 4. CHILD CARE MEANS PARENTS IN SCHOOL. (a) Minimum Grant.--Section 419N(b)(2)(B) (20 U.S.C. 1070e(b)(2)(B)) is amended by striking ``$10,000'' and inserting ``$30,000''. (b) Eligible Institutions.--Section 419N(b)(4) is amended by striking ``$350,000'' and inserting ``$250,000''. (c) Income Eligibility.--Section 419N(b)(7) is amended by striking ``who is eligible to receive'' and inserting ``whose income qualifies for eligibility for''. (d) Publicity.--Section 419N(b) is further amended by adding at the end the following new paragraph: ``(8) Publicity.--The Secretary shall publicize the availability of grants under this section in appropriate periodicals in addition to publication in the Federal Register, and shall inform appropriate educational organizations of such availability.''. (e) Authorization of Appropriations.--Section 419N(g) is amended by striking ``$45,000,000 for fiscal year 1999'' and inserting ``$75,000,000 for fiscal year 2008''. SEC. 5. YEAR-ROUND PELL GRANTS. Section 401 (20 U.S.C. 1070a) is amended by adding at the end the following new subsection: ``(k) Year-Round Pell Grants.-- ``(1) Pilot program established.--The Secretary shall establish in accordance with this subsection a year-round Pell grant pilot program. Any institution of higher education that desires to participate in the program under this subsection shall submit an application to the Secretary at such time and containing or accompanied by such information and assurances as the Secretary may require. The Secretary may select not more than 200 institutions of higher education for participation in the program. ``(2) Program elements.--With respect to students enrolled in institutions participating in the program under this subsection, the Secretary is authorized-- ``(A) to award such students two Federal Pell Grants in one calendar year to permit such students to accelerate progress towards their degree or certificate objectives by enrolling in academic programs for 12 months rather than 9 months of the year at participating institutions; and ``(B) to award such two Federal Pell Grants to such students in a total amount up to 133 percent of the maximum Federal Pell Grant under subsection (b)(2)(A) that is applicable for the academic year. ``(3) Conditions.--An institution submitting an application to participate in the program under this subsection shall-- ``(A) in the case of an associate's degree-granting institution, commit to improving the completion rate for the institution by at least 10 percent over the period of the pilot grant; and ``(B) in the case of a bachelor's degree-granting institution, commit to improving the graduation rate for the institution by at least 50 percent over such period. ``(4) Termination; evaluation.--The authority of the Secretary under this subsection shall cease to be effective on October 1, 2013. Not later than October 1, 2011, the Secretary shall conduct an evaluation of the program under this subsection and submit to the Congress a report on the results of such evaluation.''. SEC. 6. ADDITIONAL FIPSE PROGRAM. (a) Purpose.--It is the purpose of this section-- (1) to allow a demonstration program that is strictly monitored by the Department of Education to test creative measures for improving the availability of higher education for part-time students; (2) to provide for increased access for part-time students; and (3) to help determine the most effective assistance for part-time students. (b) New Program Authorized.--Section 741(a) (20 U.S.C. 1138(a)) is amended-- (1) by striking ``and'' at the end of paragraph (7); (2) by striking the period at the end of paragraph (8) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(9) creating a program to create a holistic approach to addressing the needs of part-time students at not more than 150 associate's and bachelor's degree-granting institutions that would include grants, leveraging funds from non-Federal sources, comprehensive child care, and better-tailored remedial course programs.''. (c) Notification and Reports.--Section 743 (20 U.S.C. 1138b) is amended by adding at the end the following new subsections: ``(c) Procedures and Authorization for Part-Time Student Program.-- ``(1) Application.--An eligible entity that desires to receive a grant under subsection (b)(9) shall submit an application to the Secretary in such manner and form, and containing such information and assurances, as the Secretary may reasonably require. ``(2) Selection procedures.--The Secretary shall by regulation develop a formal procedure for the submission of applications for grants under subsection (b)(9) and shall publish in the Federal Register an announcement of that procedure and the availability of funds under such subsection. ``(3) Evaluation.--The Secretary shall evaluate the program authorized under subsection (b)(9) on an annual basis. Such evaluations specifically shall review -- ``(A) the extent to which the institution has met the goals set forth in its application to the Secretary; ``(B) the number of students participating in the programs offered, including the progress of such students toward recognized certificates or degrees; and ``(C) what changes, if any, in law would facilitate both the participation of part-time students in higher education and increased graduation rates amongst these students. ``(4) Separate authorizations of appropriations.--There are authorized to be appropriated to carry out the program authorized by subsection (b)(9), $100,000,000 for fiscal year 2008 and such sums as may be necessary for each of the five succeeding fiscal years.''. | Part-time Student Assistance Act - Amends the Higher Education Act of 1965 to provide access and assistance to increase college attendance and completion by part-time students. Increases the earnings exempt from student aid need determinations for academic year 2007-2008 by exempting earnings of up to: (1) $9,000 for dependent students; and (2) $12,000 for independent students with no dependents (other than spouse). Establishes a revised table that increases the amount of earnings for independent students with dependents (other than spouse) that are exempt. Provides for inflationary adjustments to such earnings exemptions in subsequent academic years. Exempts earned income credits from the calculation of income. Revises and expands a program (child care access means parents in school) which provides grants to institutions of higher education for child care assistance for low-income students. Directs the Secretary of Education to establish a year-round Pell grant pilot program. Authorizes a demonstration program to create a holistic approach to addressing the needs of part-time students. Allows such program to: (1) be at up to 150 associate's and bachelor's degree-granting institutions; and (2) include grants, leveraging funds from nonfederal sources, comprehensive child care, and better tailored remedial course programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment for America Act''. SEC. 2. REINSTATEMENT OF 10-PERCENT DOMESTIC INVESTMENT TAX CREDIT. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to rules for computing credit for investment in certain depreciable property), as amended by subsection (b)(2), is amended by adding at the end the following new section: ``SEC. 50. 10-PERCENT DOMESTIC INVESTMENT CREDIT. ``(a) In General.--With respect to any domestic property placed in service after December 31, 1992-- ``(1) section 49 shall not apply, and ``(2) the regular percentage for purposes of this subpart shall be 10 percent. ``(b) Domestic Property.--For purposes of this section-- ``(1) In general.--The term `domestic property' means property if ``(A) the property was completed in the United States, and ``(B) at least 60 percent of the basis of the property is attributable to value added within the United States. ``(2) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States.'' (b) Conforming Amendments.-- (1) The table of sections for such subpart E is amended by adding at the end the following new item: ``Sec. 50. 10-percent domestic investment credit.'' (2) Section 11813 of the Revenue Reconciliation Act of 1990 (Pub. L. 101-508) is hereby repealed, and the Internal Revenue Code of 1986 shall be applied and administered as if such section (and the amendments made by such section) had never been enacted. SEC. 3. CREDIT FOR PURCHASES OF DOMESTIC DURABLE GOODS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 22 the following new section: ``SEC. 23. PURCHASES OF DOMESTIC DURABLE GOODS. ``(a) General Rule.--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 7 percent of the aggregate amount paid during the taxable year for the purchase of domestic durable goods. ``(b) Domestic Durable Goods.--For purposes of this section-- ``(1) In general.--The term `domestic durable good' means any durable good if-- ``(A) the property was completed in the United States, and ``(B) at least 60 percent of the basis of the property is attributable to value added within the United States. ``(2) United states.--The term `United States' includes the Commonwealth of Puerto Rico and the possessions of the United States. ``(c) Limitation.--The amount of the credit allowed under subsection (a) for any taxable year shall not exceed $1,000.'' (b) Conforming Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 22 the following new item: ``Sec. 23. Purchases of domestic durable goods.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. CREDIT FOR CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN- MADE PASSENGER VEHICLE. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 23 (as added by section 3 of this Act) the following new section: ``SEC. 24. CERTAIN COSTS INCURRED IN PURCHASING AN AMERICAN-MADE PASSENGER VEHICLE. ``(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 qualified payments made by the taxpayer during such year. ``(b) Qualified Payments.--For purposes of this section, the term `qualified payments' means any payment of-- ``(1) any State or local sales tax imposed on the purchase by the taxpayer of any qualified automobile, and ``(2) any interest on any loan which is secured by a qualified automobile and which was incurred by the taxpayer to purchase such automobile. ``(c) Qualified Automobile.--For purposes of this section, the term `qualified automobile' means any automobile (as defined in section 4064(b))-- ``(1) which is purchased after December 31, 1992, ``(2) which is domestically produced, ``(3) the original use of which begins with the taxpayer, and ``(4) substantially all of the use of which is for personal, nonbusiness purposes. For purposes of the preceding sentence, an automobile is domestically produced if more than 60 percent of the automobile is produced in the United States and its final assembly occurs in the United States. ``(d) Denial of Double Benefit.--No deduction or credit shall be allowed under any other provision of this title for any payment for which a credit is allowable under this section.'' (b) Clerical Amendment.--The table of sections for such subpart A is amended by inserting after the item relating to section 23 the following new item: ``Sec. 24. Certain costs incurred in purchasing an American-made passenger vehicle.'' (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. 5. PLACEMENT OF MADE IN AMERICA LABELS ON PRODUCTS. (a) Requirements for Use of Labels.--No product may bear a label which states or suggests that the product was made in America unless-- (1) the product has been registered with the Department of Commerce under subsection (b); and (2) the Secretary of Commerce has determined that-- (A) 60 percent of the product was manufactured in the United States; and (B) final assembly of the product took place in the United States. (b) Registry of American-Made Products.--Not later than 12 months after the Secretary has promulgated regulations regarding the registration of products with the Department of Commerce under this section, a person shall register with the Department of Commerce any product on which there is or will be affixed a label which states or suggests that the product was made in America. (c) Penalties for Fraudulent Use of Labels.-- (1) Civil fine.--Any person who, with an intent to defraud or mislead, places on a product a label which states or suggests that the product was ``made in America'' in violation of this section may be assessed a civil penalty by the Secretary of not more than $100,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. The validity of such order may not be reviewed in an action to collect such civil penalty. (2) Injunctive relief.--The Secretary may bring an action to enjoin the violation of, or to compel compliance with, this section, whenever the Secretary believes that such a violation has occurred or is about to occur. (d) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary shall promulgate regulations establishing procedures under which a person shall register a product under this section. (e) Definitions.--For purposes of this section: (1) Label.--The term ``label'' means any written, printed, or graphic matter on, or attached to, a product or any of its containers or wrappers. (2) Secretary.--The term ``Secretary'' means the Secretary of Commerce. | Investment for America Act - Amends the Internal Revenue Code to reinstate a ten percent investment tax credit for domestic property placed in service after December 31, 1992. Defines domestic property as property completed in the United States and at least 60 percent of the basis of the property is attributable to value added within the United States. Allows a tax credit for seven percent of the aggregate amount purchased of domestic durable goods. Limits such credit to $1,000. Permits a tax credit equal to qualified payments made for the purchase of an American automobile. Defines "qualified payments" as State or local sales tax imposed on the purchase of the automobile and interest on the automobile loan. Prohibits a product from bearing a label which suggests that it was made in America unless: (1) the product has been registered with the Department of Commerce; and (2) the Secretary of Commerce has determined that 60 percent of the product was manufactured in, and final assembly took place in, the United States. Requires the registry of American-made products with the Department of Commerce. Prescribes penalties for the fraudulent use of labels. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Enforcement Security Task Force Act of 2011''. SEC. 2. FINDINGS AND DECLARATION OF PURPOSES. (a) Findings.--Congress finds the following: (1) The Department of Homeland Security's (DHS) overriding mission is to lead a unified national effort to protect the United States. United States Immigration and Customs Enforcement (ICE) is the largest investigative agency within DHS and is charged with enforcing a wide array of laws, including laws related to securing the border and combating criminal smuggling. (2) Mexico's northern border with the United States has experienced a dramatic surge in border crime and violence in recent years due to intense competition between Mexican drug cartels and criminal smuggling organizations that employ predatory tactics to realize their profits. (3) Law enforcement agencies at the United States northern border face similar challenges from transnational smuggling organizations. (4) In response, DHS has partnered with Federal, State, local, tribal, and foreign law enforcement counterparts to create the Border Enforcement Security Task Force (BEST) initiative as a comprehensive approach to addressing border security threats. These multi-agency teams are designed to increase information-sharing and collaboration among the participating law enforcement agencies. (5) BEST teams incorporate personnel from ICE, United States Customs and Border Protection (CBP), the Drug Enforcement Administration (DEA), the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), the Federal Bureau of Investigation (FBI), the United States Coast Guard (USCG), and the U.S. Attorney's Office (USAO), along with other key Federal, State and local law enforcement agencies. (6) Foreign law enforcement agencies include Mexico's Secretaria de Seguridad Publica (SSP), the Canada Border Services Agency (CBSA), the Ontario Provincial Police (OPP), and the Royal Canadian Mounted Police (RCMP). SEC. 3. BORDER ENFORCEMENT SECURITY TASK FORCE. (a) Establishment.--There is established in United States Immigration and Customs Enforcement (ICE) a program known as a Border Enforcement Security Task Force (referred to as ``BEST''). (b) Purpose.--The purpose of the BEST program is to establish units to enhance border security by addressing and reducing border security threats and violence by-- (1) facilitating collaboration among Federal, State, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security, and homeland security; and (2) enhancing information-sharing, including the dissemination of homeland security information among such agencies. (c) Composition and Designation.-- (1) Composition.--BEST units may be comprised of personnel from-- (A) United States Immigration and Customs Enforcement; (B) United States Customs and Border Protection; (C) the United States Coast Guard; (D) other Federal agencies, as appropriate; (E) appropriate State law enforcement agencies; (F) foreign law enforcement agencies, as appropriate; (G) local law enforcement agencies from affected border cities and communities; and (H) appropriate tribal law enforcement agencies. (2) Designation.--The Secretary of Homeland Security, acting through the Assistant Secretary for ICE, is authorized to establish BEST units in jurisdictions where such units can contribute to the BEST program's missions, as appropriate. Prior to establishing a BEST unit, the Assistant Secretary shall consider the following factors: (A) Whether the area where the BEST unit would be established is significantly impacted by cross-border threats. (B) The availability of Federal, State, local, tribal, and foreign law enforcement resources to participate in the BEST unit. (C) The extent to which border security threats are having a significant harmful impact in the jurisdiction in which the BEST unit is to be established, and other jurisdictions of the country. (d) Operation.--After making a designation under subsection (c)(2), and in order to provide Federal assistance to the area so designated, the Secretary of Homeland Security may-- (1) obligate such sums as are appropriated for the BEST program; (2) direct the assignment of Federal personnel to the BEST program, subject to the approval of the head of the department or agency that employs such personnel; and (3) take other actions to assist State, local, tribal, and foreign jurisdictions to participate in the BEST program. (e) Report.--Not later than 180 days after the date of the establishment of the BEST program under subsection (a) and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the effectiveness of the BEST program in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States as measured by crime statistics, including violent deaths, incidents of violence, and drug related arrests. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Homeland Security such funds as may be necessary for each of fiscal years 2012 through 2016 to-- (1) establish and operate the BEST program, including to provide for operational, administrative, and technological costs to Federal, State, local, tribal and foreign law enforcement agencies participating in the BEST program; and (2) investigate, apprehend, and prosecute individuals engaged in drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across the international borders of the United States. | Border Enforcement Security Task Force Act of 2011 - Establishes in United States Immigration and Customs Enforcement (ICE) a Border Enforcement Security Task Force (BEST) program to enhance border security by addressing and reducing border security threats and violence by: (1) facilitating collaboration among federal, state, local, tribal, and foreign law enforcement agencies to execute coordinated activities in furtherance of border security and homeland security; and (2) enhancing information-sharing among such agencies. Authorizes the Secretary of Homeland Security (DHS), acting through the Assistant Secretary for ICE, to establish BEST units after considering: (1) whether the area where the unit would be established is significantly impacted by cross-border threats; (2) the availability of federal, state, local, tribal, and foreign law enforcement resources to participate in the unit; and (3) the extent to which border security threats are having a significant harmful impact in the area and in other jurisdictions. Authorizes the Secretary, in order to provide federal assistance to the area so designated, to: (1) obligate such sums as are appropriated for the BEST program; (2) direct the assignment of federal personnel to that program; and (3) take other actions to assist state, local, tribal, and foreign jurisdictions to participate. Directs the Secretary to report on the effectiveness of the program in enhancing border security and reducing the drug trafficking, arms smuggling, illegal alien trafficking and smuggling, violence, and kidnapping along and across U.S. borders. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Senior Financial Empowerment Act of 2008''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The proportion of the population of the United States age 60 years or older will drastically increase in the next 30 years as more than 76,000,000 Baby Boomers approach retirement and old age. (2) Each year, anywhere between 500,000 and 5,000,000 seniors in the United States are abused, neglected, or exploited. (3) Senior abuse, neglect, and exploitation have no boundaries, and cross all racial, social class, gender, and geographic lines. (4) Millions of individuals in the United States are victims of financial exploitation, including mail, telemarketing, and Internet fraud, each year. Many of those who fall prey to these crimes are seniors. (5) It is difficult to estimate the prevalence of fraud targeting seniors because cases are severely underreported and national statistics on senior fraud do not exist. (6) The Federal Bureau of Investigation notes that senior Americans are less likely to report fraud because they do not know to whom to report, they are ashamed to have been a victim of fraud, or they do not know that they have been a victim of fraud. In some cases, a senior victim of fraud may not report the crime because he or she is concerned that relatives may come to the conclusion that the victim no longer has the mental capacity to take care of his or her own financial affairs. (7) Perpetrators of mail, telemarketing, and Internet fraud frequently target seniors because seniors are often vulnerable and trusting people. (8) As victims of such fraudulent schemes, many seniors have been robbed of their hard-earned life savings and frequently pay an emotional cost, losing not only their money, but also their self-respect and dignity. (9) Perpetrators of fraud targeting seniors often operate outside the United States, reaching their victims through the mail, telephone lines, and the Internet. (10) The Deceptive Mail Prevention and Enforcement Act increased the power of the United States Postal Service to protect consumers against persons who use deceptive mailings, such as those featuring games of chance, sweepstakes, skill contests, and facsimile checks. (11) During fiscal year 2007, analysts prepared more than 27,000 letters and informative postcards in response to mail fraud complaints. During that same year, postal inspectors investigated 2,909 mail fraud cases in the United States, and arrested 1,236 mail fraud suspects, of whom 1,118 were convicted. Postal inspectors also reported 162 telemarketing fraud investigations, with 83 arrests and 61 convictions resulting from such investigations. (12) In 2000, the United States Senate Special Committee on Aging reported that, each year, consumers lose approximately $40,000,000,000 to telemarketing fraud, and estimated that approximately 10 percent of the Nation's 14,000 telemarketing firms were fraudulent. Some researchers estimate that only one in 10,000 fraud victims reports the crime to the authorities. (13) A 2003 report by AARP found that the crime of telemarketing fraud is grossly underreported among senior victims, but that those who are properly counseled by trained peer volunteers are less likely to fall victim to fraudulent practices. (14) The Federal Bureau of Investigation reports that the threat of fraud to seniors is growing and changing. Many younger Baby Boomers have considerable computer skills, and criminals are modifying their targeting techniques by using not only traditional telephone calls and mass mailings, but also online scams like phishing and e-mail spamming. (15) The IC3 is a partnership between the National White Collar Crime Center and the Federal Bureau of Investigation that serves as a vehicle to receive, develop, and refer criminal complaints regarding cyber crime. The IC3 processed more than 219,553 complaints of Internet crime in 2007. From these submissions, the IC3 referred 90,008 complaints of Internet crime, representing a total dollar loss of $239,090,000, to Federal, State, and local law enforcement agencies in the United States for further consideration. (16) Consumer awareness is the best protection from fraud. SEC. 3. ENHANCED SENTENCING PENALTIES BASED ON AGE OF VICTIM. (a) Directive to the United States Sentencing Commission.--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 (referred to in this section as the ``Commission'') shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements, including section 3A1.1 of the Federal sentencing guidelines, to include the age of a crime victim, particularly for senior crime victims, to ensure such guidelines adequately reflect Congress' intent that the age of a crime victim is one of the criteria for determining whether the application of a sentencing enhancement is appropriate. (b) Requirements.--In carrying out this section, the Commission shall-- (1) ensure that the Federal sentencing guidelines and the policy statements of the Commission reflect the serious economic and physical harms associated with criminal activity targeted at seniors due to their particular vulnerability; (2) consider providing, in appropriate circumstances, increased penalties for persons convicted of offenses in which the victim was a senior; (3) consult with individuals or groups representing seniors, law enforcement agencies, victims organizations, and the Federal judiciary as part of the review described in subsection (a); (4) ensure reasonable consistency with other Federal sentencing guidelines and directives; (5) account for any aggravating or mitigating circumstances that may justify exceptions, including circumstances for which the Federal sentencing guidelines provide sentencing enhancements based on the age of the crime victim; (6) make any necessary conforming changes to the Federal sentencing guidelines; and (7) ensure that the Federal sentencing guidelines adequately meet the purposes of sentencing set forth in section 3553(a)(2) of title 18, United States Code. (c) Report.--Not later than one year after the date of enactment of this Act, the Commission shall submit to Congress a report on issues relating to the age of crime victims, which shall include-- (1) an explanation of any changes to sentencing policy made by the Commission under this section; and (2) any recommendations of the Commission for retention or modification of penalty levels, including statutory penalty levels, for offenses involving seniors. SEC. 4. GRANTS TO PREVENT MAIL, TELEMARKETING, AND INTERNET FRAUD. (a) Grant Program Authorized.--Subject to the availability of funds authorized to be appropriated under this section, the Attorney General, after consultation with the Secretary of Health and Human Services, the Postmaster General, and the Chief Postal Inspector for the United States Postal Inspection Service, shall establish and administer a competitive grant program to award grants to eligible organizations to carry out mail, telemarketing, and Internet fraud prevention education programs for seniors. (b) Eligible Organizations.--The Attorney General may award grants under this section to State Attorneys General, State and local law enforcement agencies and groups, senior centers, and other local nonprofit organizations that provide assistance to seniors, as determined by the Attorney General. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2009 through 2013. SEC. 5. SENSE OF THE CONGRESS RELATED TO NATIONAL SENIOR FRAUD AWARENESS WEEK. It is the sense of the Congress that-- (1) there is a need to increase public awareness of the enormous impact that mail, telemarketing, and Internet fraud has on senior citizens in the United States; (2) a week in the month of May should be designated as ``National Senior Fraud Awareness Week''; (3) the people of the United States should observe National Senior Fraud Awareness Week with appropriate educational activities; and (4) the President is encouraged to issue a proclamation supporting increased public awareness of the impact of, and the need to prevent, fraud committed against seniors. | Senior Financial Empowerment Act of 2008 - Directs the U.S. Sentencing Commission to: (1) review and amend its sentencing guidelines to include the age of a crime victim in its criteria for determining whether a sentencing enhancement is appropriate; and (2) report to Congress on issues relating to the age of crime victims. Directs the Attorney General to establish and administer a competitive grant program for mail, telemarketing, and Internet fraud prevention education programs for senior citizens. Expresses the sense of Congress with respect to public awareness of the impact of mail, telemarketing, and Internet fraud on senior citizens. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Flight Attendant Duty Time Act''. SEC. 2. AMENDMENT TO THE FEDERAL AVIATION ACT. (a) In General.--Title VI of the Federal Aviation Act of 1958 (49 U.S.C. App. 1421-1433) is amended by adding at the end thereof the following new section: ``SEC. 614. DUTY TIME OF FLIGHT ATTENDANTS. ``(a) Rulemaking Proceeding.--Not later than 60 days after the date of the enactment of this section, the Secretary shall initiate a rulemaking proceeding for the purpose of establishing limitations on duty time for flight attendants, including minimum rest requirements. ``(b) Final Regulations.--Except in any case in which the prohibitions referred to in subsection (c) take effect, the Secretary shall issue, not later than 240 days after the date of the enactment of this Act, final regulations establishing limitations on duty time for flight attendants, including minimum rest requirements as follows: ``(1) For a domestic flight, a maximum of 14 hours of actual duty time, plus a maximum of 2 additional hours spent deadheading to return to the flight attendant's domicile, and a minimum of at least 10 consecutive hours of rest after each duty period. ``(2) For an international flight, a maximum of 16 hours of actual duty time and minimum of at least 12 consecutive hours of rest after each duty period. ``(3) For a long-range international nonstop flight, a maximum period of actual duty time no more than 4 hours greater than the scheduled duty time, with a maximum period of actual duty time no greater than 20 hours, and a minimum consecutive rest period equal to at least twice the scheduled flight time. ``(4) For all flight attendants, a minimum of eight 24 consecutive hour periods of rest at their domicile per calendar month and at least one 24 hour consecutive period of rest within every 7 days. ``(5) For all flight attendants, at least a continuous 1 hour rest break on any flight scheduled for 8 hours or more of flight time in a designated rest area. ``(c) Mandated Prohibitions.--If the Secretary does not initiate a rulemaking proceeding under subsection (a) before the 60th day following the date of the enactment of this Act or does not issue final regulations under subsection (b) before the 240th day following such date of enactment, no air carrier may after such date operate an aircraft using a flight attendant who has been on duty more hours, or who has had fewer hours of rest, than those required by paragraphs (1) through (5) of subsection (b). ``(d) Modification of Mandated Prohibitions.--The Secretary may issue regulations modifying the prohibitions contained in paragraphs (1) through (5) of subsection (b) if the Secretary determines that such modifications are in the interest of safety and transmits a copy of the modifying regulations to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Public Works and Transportation of the House of Representatives. The modifying regulations may not take effect until the expiration of the 90-day period beginning on the date of the transmittal of the modifying regulations to such committees. ``(e) Definitions.--In this section, the following definitions apply: ``(1) Air carrier.--The term `air carrier' means any air carrier which is subject to the provisions of part 121 or part 135 of title 14 of the Code of Federal Regulations. ``(2) Debriefing time.--The term `debriefing time' means a time period of at least 30 minutes for domestic flight and of at least 45 minutes for international flight after the block-in time of the last flight or segment of a flight. ``(3) Designated rest area.--The term `designated rest area' means a passenger seat, sleeper seat, or bunk of an aircraft assigned for crew rest purposes. ``(4) Domestic flight.--The term `domestic flight' means any flight or segment of a flight worked by a flight attendant totally within the 48 contiguous States and the District of Columbia. ``(5) Duty time.--The term `duty time' means all time worked for an air carrier at any place and in any capacity and, with respect to flying, shall begin at the required report time and shall end at the conclusion of the debriefing time, or when released by the carrier, whichever is later. Duty time accrues until the crewmember is given a required rest period by the carrier. Time spent deadheading, either on an aircraft or by surface transportation, to or from an assignment by an air carrier, time spent ferrying, and time spent attending meetings and training shall also be considered duty time. Duty time continues-- ``(A) throughout a rest period of a shorter duration than that contained in subsection (b)(1), (b)(2), or (b)(3), as the case may be; and ``(B) during in-flight rest periods contained in subsection (b)(5). ``(6) International flight.--The term `international flight' means any flight worked by a flight attendant for which a take off or landing is scheduled outside the 48 contiguous States and the District of Columbia. ``(7) Long-range international nonstop flight.--The term `long-range international nonstop flight' means a single nonstop international flight scheduled for 8 hours or more of flight time. ``(8) Report time.--The term `report time' means a time period of at least 30 minutes prior to the scheduled departure time of the first flight or segment of a flight in a flight attendant's duty period or the time the flight attendant is required to report to work, whichever is earlier. ``(9) Rest.--The term `rest' means uninterrupted time free from all duty. ``(10) Scheduled flight time.--The term `scheduled flight time' means the elapsed time based on the time shown in schedules given by an air carrier to a travel agent. ``(11) Secretary.--The term `Secretary' means the Secretary of Transportation. ``(f) Treatment of Duty Period With Domestic and International Flight Segments.--A duty period with domestic and international flight segments shall be treated as domestic flying for the purpose of calculating duty and rest requirements under this section if the majority of the flight time during that duty period is on a domestic segment or shall be treated as international flying if the majority of the flight time during that duty period is on an international segment.''. (b) Conforming Amendment.--The table of contents contained in the first section of the Federal Aviation Act of 1958 is amended by adding at the end of the matter relating to title VI the following: ``Sec. 614. Duty time of flight attendants. ``(a) Rulemaking proceeding. ``(b) Final regulations. ``(c) Mandated prohibitions. ``(d) Modification of mandated prohibitions. ``(e) Definitions. ``(f) Treatment of duty period with domestic and international flight segments.''. | Flight Attendant Duty Time Act - Amends the Federal Aviation Act of 1958 to direct the Secretary of Transportation to initiate a rulemaking proceeding to establish limitations on duty time for flight attendants. Requires the Secretary to issue final regulations by a specified deadline. Prohibits any air carrier from operating an aircraft using a flight attendant who has been on duty in excess of specified hours or who has had less than a specified number of hours of rest if such regulations have not been promulgated by a certain time. Permits modification of the specified hours of duty if the Secretary determines such modification is in the public interest and submits a copy of the modifying regulations to certain congressional committees. Treats a duty period with both domestic and international flight segments as international flying for purposes of calculating duty and rest requirements if the majority of the flight time during such period is on an international or domestic segment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Vaccine Injury Compensation Program Improvement Act of 2003''. SEC. 2. BASIS FOR CALCULATING PROJECTED LOST EARNINGS. Section 2115(a)(3)(B) of the Public Health Service Act (42 U.S.C. 300aa-15(a)(3)(B)) is amended by striking all that follows ``for loss of earnings'' and inserting the following: ``determined on the basis of the annual estimate of the average (mean) gross weekly earnings of full-time wage and salary workers age 18 and over in the private nonfarm sector (which includes all industries other than agricultural production of crops and livestock), as calculated annually by the Bureau of Labor Statistics from the quarter sample data of the Current Population Survey, or as calculated by such similar method as the Secretary may prescribe by regulation, less appropriate taxes and the average cost of a health insurance policy, as determined by the Secretary.''. SEC. 3. INCREASE OF AWARD IN THE CASE OF A VACCINE-RELATED DEATH. Section 2115(a)(2) of the Public Health Service Act (42 U.S.C. 300aa-15(a)(2)) is amended by striking ``$250,000'' and inserting ``$300,000''. SEC. 4. ALLOWING COMPENSATION FOR FAMILY COUNSELING EXPENSES AND EXPENSES OF ESTABLISHING GUARDIANSHIP. (a) Family Counseling Expenses in Post-1988 Cases.--Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa-15(a)) is amended by adding at the end the following: ``(5) Actual nonreimbursable expenses that have been or will be incurred for family counseling determined to be reasonably necessary and that result from the vaccine-related injury for which the petitioner seeks compensation.''. (b) Expenses of Establishing Guardianships in Post-1988 Cases.-- Section 2115(a) of the Public Health Service Act (42 U.S.C. 300aa- 15(a)) is further amended by adding at the end the following paragraph: ``(6) Actual and nonreimbursable expenses that have been or will be incurred to establish and maintain a guardianship, conservatorship, or trust for an individual who has suffered a vaccine-related injury, including attorneys' fees and other costs incurred in a proceeding to establish and maintain such a guardianship, conservatorship, or trust.''. (c) Conforming Amendment for Cases From 1988 and Earlier.--Section 2115(b) of the Public Health Service Act (42 U.S.C. 300aa-15(b)) is amended-- (1) in paragraph (2), by striking ``and'' at the end of the paragraph; (2) by redesignating paragraph (3) as paragraph (5) and by inserting a closing parenthesis before the period in that paragraph; and (3) by inserting after paragraph (2) the following paragraphs: ``(3) family counseling expenses (as provided in paragraph (5) of subsection (a)), ``(4) expenses of establishing and maintaining guardianships, conservatorships, or trusts (as provided in paragraph (6) of subsection (a)), and''. SEC. 5. ALLOWING PAYMENT OF INTERIM ATTORNEYS' FEES AND COSTS. Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa- 15(e)) is amended by adding at the end the following: ``(4) Upon completion of a conference required by Rule 5 of Appendix J of the Rules of the United States Court of Federal Claims, a special master may make an interim award of attorneys' fees and costs if-- ``(A) the case involves a vaccine administered on or after October 1, 1988, ``(B) in tentative findings and conclusions, the special master determines that the petitioner's claim has a reasonable basis, ``(C) the award is limited to reasonable attorneys' fees and other costs (within the meaning of paragraph (1)(B)) incurred in the proceeding, and ``(D) the petitioner provides documentation verifying the expenditure of the amount for which compensation is sought. ``(5) An interim award of attorneys' fees and costs by a special master under paragraph (4) shall be promptly paid by the Secretary pursuant to the special master's order and without need of a judgment. The special master's order for interim attorneys' fees and costs is not subject to review under sections 2112(e) and 2112(f) until after the special master has made a determination regarding an award of attorneys' fees and costs under paragraph (1). ``(6) The attorneys' fees and costs awarded as compensation on a petition under paragraph (1) shall be for the total attorneys' fees and costs incurred in any proceeding on such petition, less the amount awarded for interim attorneys' fees and costs. In determining fees and costs under paragraph (1), a special master may reconsider and modify the amounts awarded for fees and costs under paragraph (4).''. SEC. 6. PROCEDURE FOR PAYING ATTORNEYS' FEES. Section 2115(e) of the Public Health Service Act (42 U.S.C. 300aa- 15(e)), as amended by section 5, is amended by adding at the end the following: ``(7) When a special master or court awards attorneys' fees or costs under paragraph (1) or (4), it may order that such fees and costs be payable solely to the petitioner's attorney if-- ``(A) the petitioner expressly consents, or ``(B) the special master or court, after affording to the Secretary and all interested persons the opportunity to submit relevant information, determines that-- ``(i) the petitioner cannot be located or refuses to respond to a request by the special master or court for information, and there is no practical alternative means to ensure that the attorney will be reimbursed for such fees and costs expeditiously, or ``(ii) there are other exceptional circumstances and good cause for paying such fees and costs solely to the petitioner's attorney.''. SEC. 7. EXTENSION OF STATUTE OF LIMITATIONS. (a) General Rule.--Section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)) is amended-- (1) in paragraph (2), by striking ``36 months'' and inserting ``6 years''; and (2) in paragraph (3)-- (A) by striking ``24 months'' and inserting ``6 years''; and (B) by striking ``48 months'' and inserting ``6 years''. (b) Additional Extension.-- (1) Limitation period.--Notwithstanding section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)), in the case of a vaccine set forth in the Vaccine Injury Table that is administered after September 30, 1988, and before the date of the enactment of this Act, if a vaccine-related injury or death occurred as a result of the administration of such vaccine, the end of the limitation period for filing a petition is the later of-- (A) the applicable date under section 2116(a) of the Public Health Service Act (42 U.S.C. 300aa-16(a)); or (B) the date that is 2 years after the date of the enactment of this Act. (2) Effect of previous dismissal.--Notwithstanding section 2111(b)(2) of the Public Health Service Act (42 U.S.C. 300aa- 11(b)(2)), if a petition is filed within the limitation period applicable under paragraph (1), the petition may not be dismissed on the basis of a previous dismissal for untimely filing. (c) Claims Based on Revisions to Table.--Section 2116(b) of the Public Health Service Act (42 U.S.C. 300aa-16(b)) is amended by striking all that follows ``file a petition for such compensation'' and inserting the following: ``if-- ``(1) the vaccine-related death or injury with respect to which the petition is filed occurred no more than 8 years before the effective date of the revision of the table; and ``(2)(A) the petition satisfies the conditions stated in subsection (a); or ``(B) the date of occurrence of the first symptom or manifestation of onset of injury occurred more than 4 years before the petition is filed, and the petition is filed no more than 2 years after the effective date of the revision of the table.''. (d) Reports.-- (1) Transmission.--The Secretary of Health and Human Services shall transmit to the Congress 2 annual reports that shall each include the following: (A) Identification of the number of petitions filed for compensation under the National Vaccine Injury Compensation Program that would have been time-barred absent the limitation period provided by subsection (b) (B) Describe the effects of subsection (b) on the ability of the Secretary to administer the National Vaccine Injury Compensation Program and adjudicate petitions under such Program in a timely manner. (2) Dates of submission.--In carrying out this subsection, the Secretary of Health and Human Services shall transmit-- (A) the first report not later than 1 year after the date of the enactment of this Act; and (B) the second report not later than 2 years after the date of the enactment of this Act. SEC. 8. ADVISORY COMMISSION ON CHILDHOOD VACCINES. (a) Selection of Individuals Injured by Vaccines as Public Members.--Section 2119(a)(1)(B) of the Public Health Service Act (42 U.S.C. 300aa-19(a)(1)(B)) is amended by striking all that follows the comma and inserting the following: ``of whom 1 shall be the legal representative of a child who has suffered a vaccine-related injury or death, and at least 1 other shall be either the legal representative of a child who has suffered a vaccine-related injury or death or an individual who has personally suffered a vaccine-related injury.''. (b) Mandatory Meeting Schedule Eliminated.--Section 2119(c) of the Public Health Service Act (42 U.S.C. 300aa-19(c)) is amended by striking ``not less often than four times per year and''. SEC. 9. CONFORMING AMENDMENT TO TRUST FUND PROVISION. Section 9510(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking ``(as in effect'' and all that follows through ``for vaccine-related injury or death'' and inserting ``(as in effect on the effective date of the National Vaccine Injury Compensation Program Improvement Act of 2003) for vaccine-related injury or death''. SEC. 10. INCREASE IN LIMIT ON ADMINISTRATIVE EXPENSES. (a) Increase in Limit on Administrative Expenses.--Section 9510(c)(1)(B) of the Internal Revenue Code of 1986 is amended by striking ``(but not in excess of $9,500,000 for any fiscal year)'' and inserting ``(but not in excess of $10,000,000 for any fiscal year)''. (b) Administrative Expenses of Bureau of Public Debt.--Section 9510(c)(1) of the Internal Revenue Code of 1986, as amended by section 9 and subsection (a), is further amended-- (1) in subparagraph (A)(ii), by striking ``or'' at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``, and''; and (3) by adding at the end the following: ``(C) the payment of administrative and personnel expenses that the Bureau of the Public Debt incurs for financial services for the Trust Fund.''. SEC. 11. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN. Section 2110(c) of the Public Health Service Act (42 U.S.C. 300aa- 10(c)) is amended by striking the period at the end and inserting ``, including by conducting a public service announcement campaign.''. SEC. 12. APPLICATION. The provisions of and amendments made by sections 2, 3, 4, 5, 6, 7, and 9 apply to a petition filed under section 2111 of the Public Health Service Act (42 U.S.C. 300aa-11) if the petition is pending on or filed after the date of the enactment of this Act. | National Vaccine Injury Compensation Program Improvement Act of 2003 - Amends the Public Health Service Act to: (1) revise the basis for calculating the projected lost earnings of a person who sustained a vaccine-related injury; (2) increase the award for a vaccine-related death; (3) allow compensation for expenses for family counseling and establishing guardianship; (4) allow payment of interim attorneys' fees and costs; (5) establish a procedure for paying attorneys' fees; (6) extend from two to six years the statute of limitations for injuries or death from a vaccine set forth in the Vaccine Injury Table; (7) revise the membership and meeting schedule of the Advisory Commission on Childhood Vaccines; and (8) direct the Secretary of Health and Human Services to conduct a public service announcement campaign about the availability of the Program.Amends the Internal Revenue Code to increase the limit on Vaccine Injury Compensation Trust Fund administrative expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``HIV Prevention for Youth Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The President's Emergency Plan for AIDS Relief (in this Act referred to as ``PEPFAR'') is an unprecedented effort to combat the global AIDS epidemic, with $9,000,000,000 targeted for initiatives in 15 focus countries. (2) The PEPFAR prevention goal is to avert 7,000,000 HIV infections in the 15 focus countries--most in sub-Saharan Africa where heterosexual intercourse is by far the predominant mode of HIV transmission. (3) The PEPFAR strategy for prevention of sexual transmission of HIV is shaped by 3 elements: the ABC model, defined as ``Abstain, Be faithful, use Condoms'', the promotion of ``abstinence-until-marriage'', and deference to local prevention needs. (4) The United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 requires that at least one-third of all prevention funds be reserved for abstinence- until-marriage programs. In implementing this requirement, the U.S. Global AIDS Coordinator has required that 50 percent of prevention funding be dedicated to sexual transmission prevention activities. This requirement severely limits countries from employing strategies for the prevention of sexual transmission other than abstinence, because the other sexual transmission prevention programs under PEPFAR (such as the purchase of condoms and management of sexually transmitted infections) cannot exceed one-sixth of the total prevention funds. (5) The Government Accountability Office (GAO) issued a report in April, 2006, ``Spending Requirement Presents Challenges For Allocating Funding under the President's Emergency Plan for AIDS Relief'', that found ``significant challenges'' associated with meeting the earmark for abstinence-until-marriage programs. (6) GAO found that a majority of country teams report that fulfilling the requirement presents challenges to their ability to respond to local epidemiology and cultural and social norms. (7) GAO found that, although some country teams may be exempted from the abstinence-until-marriage spending requirement, country teams that are not exempted have to spend more than the 33 percent of prevention funds on abstinence- until-marriage activities--sometimes at the expense of other programs. (8) Indeed, according to GAO, the proportion of HIV prevention funds dedicated to ``other prevention'' activities (i.e. the purchase and promotion of condoms, management of sexually transmitted infections other than HIV, and messages or programs to reduce injection drug use) declined from 23 percent in fiscal year 2005 to 18 percent in fiscal year 2006 for country teams that did not receive exemptions. (9) GAO found that, as a result of the abstinence-until- marriage spending requirement, some countries have had to reduce planned funding for Prevention of Mother-to-Child Transmission programs, thereby limiting services for pregnant women and their children. (10) GAO found that the abstinence-until-marriage spending requirement limited or reduced funding for programs directed to high-risk groups, such as services for married discordant couples, sexually active youth, and commercial sex workers. (11) GAO found that the abstinence-until-marriage spending requirement made it difficult for countries to fund medical and blood safety activities. (12) GAO found that, because of the abstinence-until- marriage spending requirement, some countries would likely have to reduce funding for condom procurement and condom social marketing. (13) In addition, GAO found that two-thirds of focus country teams reported that the policy for implementing the ABC model is unclear and open to varying interpretations, causing confusion about which groups may be targeted and whether youth may receive the ABC message. (14) GAO found that the ABC guidance does not clearly delineate permissible C activities under the ABC model. Program staff reported that they feel ``constrained'' by restrictions on promoting or marketing condoms to youth. Other country teams reported confusion about whether PEPFAR funds may be used for broad condom social marketing, even to adults in a generalized epidemic. (15) Each day, an estimated 13,400 people worldwide are newly infected with HIV. (16) Sub-Saharan Africa is home to almost two-thirds of the estimated 40,000,000 people currently living with HIV. (17) In many African countries, the epidemic has spread among the general population. The HIV prevalence rate for the general population is 8 percent across sub-Saharan Africa. Among the United States focus countries in sub-Saharan Africa, the HIV prevalence rate ranges from 4 percent in Uganda to 37 percent in Botswana. (18) According to the Joint United Nations Programme on HIV/AIDS, young people between the ages of 15 and 24 are ``the most threatened by AIDS'' and ``are at the centre of HIV vulnerability''. Globally, this age group accounts for half of all new HIV cases each year. More than 7,000 young people contract the virus every day. (19) Most young people in sub-Saharan Africa have sex before marriage during their adolescent years. In many countries, at least half of all women have sex before age 20 and before marriage. Among young men, more than 70 percent have premarital sex before age 20. (20) Many adolescents, who are sexually active and not yet married, have inadequate information on how to protect themselves against HIV. Fewer than half of young people in sub- Saharan Africa mention abstinence, monogamy, or condom use as a way of avoiding HIV. (21) Young people who have sex are at greater risk of acquiring HIV than adults, partly because of their lack of knowledge. They are apt to change partners frequently, have more than 1 partner in the same time period, or engage in unprotected sex. (22) Coercion and sexual violence undercut the ability of young people--women in particular--to prevent HIV and contribute to the vulnerability to infection. In addition, gender inequality makes it much more difficult for young women to negotiate abstinence from sex or to insist that their partners remain faithful or use condoms. (23) Marriage does not protect young women from HIV, even when they are faithful to their husbands. In some settings, it appears marriage actually increases a woman's HIV risk. In some African countries, married women aged 15-19 have higher HIV infection levels than nonmarried sexually active women of the same age. (24) A recent USAID-funded review found that sex and HIV education programs that encourage abstinence but also discuss the use of condoms do not increase sexual activity as critics of sex education have long alleged. Sex education can help delay the initiation of intercourse, reduce the frequency of sex and the number of sexual partners, and also increase condom use. (25) Young people are our greatest hope for changing the course of the AIDS epidemic. According to the World Health Organization, ``Focusing on young people is likely to be the most effective approach to confronting the epidemic, particularly in high prevalence countries.''. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that sexually active young people, both unmarried and married, who live in a country where HIV infection is spreading through the general population, rather than being confined to specific populations, such as sex workers and their clients, injecting drug users, and men who have sex with men, and the rate of HIV infection among people between the ages of 15 and 49 exceeds 1 percent should be-- (1) considered at high risk of contracting HIV infection; and (2) provided with the knowledge, skill-building programs, and tools to protect themselves from HIV infection, including-- (A) medically accurate information on public health benefits and failure rates of multiple strategies for eliminating or reducing the risks of contracting HIV and other sexually transmitted infections; and (B) information about correct and consistent use of condoms as well as abstinence and the importance of reducing casual sexual partnering. SEC. 4. ALLOCATION OF FUNDS. Section 403 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7673) is amended-- (1) in subsection (a), in the second sentence, by striking ``HIV/AIDS prevention'' and inserting ``prevention of the sexual transmission of HIV''; and (2) by adding at the end the following new subsection: ``(c) Abstinence-Until-Marriage Programs.--The term `abstinence- until-marriage programs' means programs that place the highest priority on encouraging individuals who have not yet married to abstain from sexual activity, which if practiced 100 percent correctly and consistently is the only certain way to protect against exposure to HIV and other sexually transmitted infections. The programs include information on the health benefits of delayed sexual debut in reducing the transmission of HIV and may be used to support the wide range of approaches that promote skill-building strategies for practicing abstinence.''. SEC. 5. ASSISTANCE TO YOUNG PEOPLE. Section 104A(d)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b-2(d)(3)) is amended-- (1) in subparagraph (A), by inserting ``sexually active young people, both unmarried and married, who live in a country experiencing a generalized HIV epidemic,'' after ``infected with HIV/AIDS,''; and (2) by adding at the end the following new subparagraph: ``(C) In subparagraph (A), the term `generalized epidemic' means, with respect to a country, that-- ``(i) HIV infection is spreading through the general population of such country, rather than being confined to specific populations, such as sex workers and their clients, injecting drug users, and men who have sex with men; and ``(ii) the rate of HIV infection among people between the ages of 15 and 49 exceeds 1 percent.''. | HIV Prevention for Youth Act - Expresses the sense of Congress that sexually active young people who live in a country where HIV infection is spreading through the general population, rather than being confined to specific populations should be: (1) considered at high risk of contracting HIV infection; and (2) provided with the knowledge, skill-building programs, and tools to protect themselves from HIV infection. Amends the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 to define "abstinence-until-marriage programs" as programs that place the highest priority on encouraging unmarried individuals to abstain from sexual activity, which if practiced 100% correctly and consistently is the only certain way to protect against exposure to HIV and other sexually transmitted infections. (Such programs include information on the health benefits of delayed sexual debut in reducing HIV transmission and may be used to support approaches that promote skill-building strategies for practicing abstinence.) Reserves at least 33% of the Act's appropriations for FY2006-FY2008 for prevention of the sexual transmission of HIV (currently, for HIV/AIDS prevention). Amends the Foreign Assistance Act of 1961 to include within the activities for which HIV/AIDS assistance is available preventive intervention education for sexually active young people who live in a country experiencing a generalized HIV epidemic. Defines " generalized epidemic" as a country where: (1) HIV infection is spreading through the general population, rather than being confined to specific populations, such as sex workers and their clients, injecting drug users, and men who have sex with men; and (2) the HIV infection rate among people between the ages of 15 and 49 exceeds 1%. |
SECTION 1. ADJUSTMENT OF STATUS FOR CERTAIN PERSIAN GULF EVACUEES. (a) In General.--The Attorney General shall adjust the status of each alien referred to in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien-- (1) applies for such adjustment; (2) has been physically present in the United States for at least 1 year and is physically present in the United States on the date the application for such adjustment is filed; (3) is admissible to the United States as an immigrant, except as provided in subsection (c); and (4) pays a fee (determined by the Attorney General) for the processing of such application. (b) Aliens Eligible for Adjustment of Status.--The benefits provided in subsection (a) shall apply to the following aliens: (1) Waddah Al-Zireeni, Enas Al-Zireeni, and Anwaar Al- Zireeni. (2) Salah Abu-El-Jibat, Ghada Salameh, and Tareq Abu-El- Jibat. (3) Jehad Mustafa, Amal Mustafa, and Raed Mustafa. (4) Shaher M. Abed and Laila Abed. (5) Zaid Khan and Nadira Khan. (6) Rawhi Abu Tabanja, Basima Abu Tabanja, and Mohammed Abu Tabanja. (7) Reuben D'Silva, Anne D'Silva, Natasha D'Silva, and Agned D'Silva. (8) Ali H. Alkhaleel and Fatin A. Alkhaleel. (9) Abbas I. Bhikhapurwala, Nafisa Bhikhapurwala, and Tasnim Bhikhapurwala. (10) Fayez Ezzir, Abeer Ezzir, Sharif Ezzir, and Mohammed Ezzir. (11) Issam Musleh, Nadia Khader, and Duaa Musleh. (12) Ahmad Khalil, Mona Khalil, and Sally Khalil. (13) Husam Al-Khadrah and Kathleen Al-Khadrah. (14) Nawal M. Hajjawi. (15) Isam S. Naser and Samar I. Naser. (16) Amalia Arsua. (17) Feras Taha, Bernardina Lopez-Taha, and Yousef Taha. (18) Mahmoud M. El-Essa and Nadia El-Essa. (19) Emad Jawwad. (20) Mohammed Alawamleh, Zainab Abueljebain, and Nizar Alawamleh. (21) Yacoub Ibrahim and Wisam Ibrahim. (22) Tareq Shehadah and Inas Shehadah. (23) Basim Al-Ali and Nawal Al-Ali. (24) Hael Basheer Atari and Hana'a Al Mughrabi. (25) Fahim N. Mahmoud, Firnal A. Rizeq, Alla Mahmoud, and Ahmed Mahmoud. (26) Tareq A. Attari. (27) Ahmad M. Mobaslat, Abeer Shehadeh, and Alaa Mobaslat. (28) Mohammed A. Shayib, Zahra M. Ajaoui, Najat El-Shayib, Rime El-Shayib, and Ramzi El-Shayib. (29) Awwad Al-Habli, Saosan Y. Dardas, Sara Al-Habli, Yasmin Al-Habli, Hala Al-Habli, and Ibraheem Al-Habli. (30) Maamoun Ahmad and Sanaa Hakkani. (31) Azmi A. Mukahal, Wafa Mukahal, Yasmin A. Mukahal, and Ahmad A. Mukahal. (32) Nabil El-Hawwash, Amal M. Shawish, and Ishaq El- Hawwash. (33) Sameeh Elsharif, Sahar Elsharif, and Sarah Elsharif. (34) Samir Ghalayini, Ismat F. Abujaber, and Wasef Ghalayini. (35) Iman Mallah, Rana Mallah, and Muhanad Mallah. (36) Mohssen Mahmoud and Alia Al Rafie. (37) Nijad Abdelrahman, Najwa Abdalla, and Faisal Abdelrahman. (38) Nezam Mahdawi, Sohad Mahdawi, and Bassam Mahdawi. (39) Khalid S. Mahmoud and Fawzieh Mahmoud. (40) Wael Saymeh, Zatelhimma Al Sahafie, Duaa Saymeh, and Ahmad Saymeh. (41) Ahmed M. Naji. (42) Sesinando P. Suaverdez, Cynthia Suaverdez, Maria Cristina Suaverdez, and Sesinando Suaverdez II. (43) Thabet Said, Hanan Said, and Yasmin Said. (44) Hani Salem, Manal Salem, Tasnim Salem, and Suleiman Salem. (45) Ihsan Adwan, Hanan Adwan, Maha Adwan, Nada Adwan, Reem Adwan, and Lina Adwan. (46) Ziyad Al Ajjouri and Dima Al Ajjouri. (47) Essam Taha. (48) Mohamed Suleiman and Salam Suleiman. (49) Salwa S. Beshay, Alexan L. Basta, Rehan Lamai, and Sherif Lamai. (50) Latifeh Hussin, Sameer Hussin, Anas Hussin, Ahmed Hussin, Ayman Hussin, and Assma Hussin. (51) Fadia Shaat, Bader Shaat, Dalia Shaat, Abdul Azim Shaat, Farah Shaat, and Rawan Shaat. (52) Bassam Barqawi and Amal Barqawi. (53) Nabil A. Maswadeh. (54) Nizam I. Wattar and Mohamad El Wattar. (55) Wael F. Shbib and Ektimal Shbib. (56) Reem Salman and Rasha Salman. (57) Khalil A. Awadalla and Eman K. Awadalla. (58) Nabil Alyadak, Majeda Sheta, Iman Alyadak, and Wafa Alyadak. (59) Mohammed Ariqat, Hitaf Ariqat, Ruba Ariqat, Rania Ariqat, and Reham Ariqat. (60) Hazem A. Al-Masri and Maha H. Al-Masri. (61) Tawfiq M. Al-taher and Rola T. Al-Taher. (62) Nadeem Mirza. (c) Waiver of Certain Grounds for Inadmissibility.--The provisions of subsection (e) and paragraphs (4), (5), and (7)(A) of subsection (a) of section 212 of the Immigration and Nationality Act shall not apply to adjustment of status under this Act and the Attorney General may waive any other provision of section 212 of the Immigration and Nationality Act (other than paragraph (2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)) with respect to such an adjustment for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (d) Date of Approval.--Upon the approval of an application for adjustment of status under this section, the Attorney General shall create a record of the alien's admission as an alien lawfully admitted for permanent residence as of the date of the alien's parole or other admission into the United States. (e) Offset in Number of Visas Available.--Upon each granting to an alien of the status of having been lawfully admitted for permanent residence under this section, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. (f) Temporary Stay of Removal and Work Authorization.--The Attorney General-- (1) shall refrain from deporting or removing from the United States an alien who is eligible for adjustment of status under this section, but who is not yet lawfully admitted for permanent residence; and (2) shall authorize such an alien to engage in employment in the United States. | Directs the Attorney General to adjust the status of specified Persian Gulf evacuees to permanent resident. |
. (a) In General.-- (1) Chapter 13 of title 31, United States Code, is amended by inserting after section 1310 the following new section: ``Sec. 1311. Continuing appropriations ``(a)(1) If any regular appropriation bill for a fiscal year does not become law prior to the beginning of such fiscal year, there is appropriated, out of any moneys in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, such sums as may be necessary to continue any project or activity for which funds were provided in the preceding fiscal year-- ``(A) in the corresponding regular appropriation Act for such preceding fiscal year; or ``(B) if the corresponding regular appropriation bill for such preceding fiscal year did not become law, pursuant to this section. ``(2) Appropriations and funds made available, and authority granted, for a project or activity for any fiscal year pursuant to this section shall be at a rate of operations not in excess of the lower of-- ``(A) the rate of operations provided for in the regular appropriation Act providing for such project or activity for the preceding fiscal year, or ``(B) in the absence of such an Act, the rate of operations provided for such project or activity pursuant to this section for such preceding fiscal year. ``(3) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a project or activity shall be available for the period beginning with the first day of such fiscal year and ending with the earlier of-- ``(A) the date on which the applicable regular appropriation bill for such fiscal year becomes law (whether or not such law provides for such project or activity), and ``(B) the last day of such fiscal year. ``(b) An appropriation or funds made available, or authority granted, for a project or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made, funds made available, or authority granted for such project or activity for the preceding fiscal year. ``(c) Appropriations and funds made available, and authority granted, for any project or activity for any fiscal year pursuant to this section shall cover all obligations or expenditures incurred for such project or activity during the portion of such fiscal year for which this section applies to such project or activity. ``(d) Expenditures made for a project or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation bill providing for such project or activity for such period becomes law. ``(e) No appropriation is made by reason of subparagraph (B) of subsection (a)(1) for a fiscal year for any project or activity for which there is no authorization of appropriations for such fiscal year. ``(f) This section shall not apply to a project or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)-- ``(1) makes an appropriation, makes funds available, or grants authority for such project or activity to continue for such period, or ``(2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such project or activity to continue for such period. ``(g) For purposes of this section `regular appropriation bill' means any regular appropriation bill (within the meaning given to such term in section 307 of the Congressional Budget Act of 1974 (2 U.S.C. 638)) making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: ``(1) Agriculture, rural development, and related agencies programs. ``(2) The Departments of Commerce, Justice, and State, the judiciary, and related agencies. ``(3) The Department of Defense. ``(4) The government of the District of Columbia and other activities chargeable in whole or in part against the revenues of the District. ``(5) The Departments of Labor, Health and Human Services, and Education, and related agencies. ``(6) The Department of Housing and Urban Development, and sundry independent agencies, boards, commissions, corporations, and offices. ``(7) Energy and water development. ``(8) Foreign assistance and related programs. ``(9) The Department of the Interior and related agencies. ``(10) Military construction. ``(11) The Department of Transportation and related agencies. ``(12) The Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. ``(13) The legislative branch.''. (2) The analysis of chapter 13 of title 31, United States Code, is amended by inserting after the item relating to section 1310 the following new item: ``1311. Continuing appropriations.''. (3) The amendments made by this subsection shall apply with respect to fiscal years beginning after September 30, 1993. (b) Point of Order Against Continuing Resolutions.-- (1) It shall not be in order in the House of Representatives or the Senate to consider or to vote on the question of agreeing to any bill or joint resolution making continuing appropriations for a fiscal year or any conference report thereon. (2) Paragraph (1) may be waived or suspended in the Senate by a vote of three-fifths of the Members, duly chosen and sworn. (3) If the ruling of the presiding officer sustains a point of order raised pursuant to paragraph (1), a vote of three- fifths of the Members duly chosen and sworn shall be required to sustain an appeal of such ruling. Debate on any such appeal shall be limited to two hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. An appeal of any such point of order is not subject to a motion to table. | Amends Federal law to continue appropriations automatically if a regular appropriations bill covering a project or activity does not become law by the beginning of a fiscal year. Continues appropriations at the funding level of the preceding fiscal year or, if the relevant Act did not become law, in accordance with criteria prescribed in this Act. Declares it to be out of order in the House of Representatives or in the Senate to consider or to vote on the question of agreeing to any continuing appropriations legislation. Permits a waiver of this restriction in the Senate by a three-fifths vote. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nuclear Waste Terrorist Threat Assessment and Protection Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The September 11 terrorist attacks in New York City, Washington, D.C., and Pennsylvania were the deadliest and costliest terrorist attacks against the United States in its history, resulting in the deaths of over 5,000 people at the World Trade Center, Pentagon, and Pennsylvania crash site. (2) The economic and cleanup costs as a result of the September 11 terrorist attacks are estimated at $100,000,000,000 in New York City alone. (3) The attacks have resulted in massive economic disruption to the United States. The New York Stock Exchange's Dow Jones Industrial Average dropped over 12 percent and the NASDAQ market dropped 11.7 percent within the first 2 weeks after the attacks. (4) The September 11 attacks represent a dramatic expansion in the ability of terrorists to inflict massive damage, including the wide-scale loss of human life and economic disruption to the United States and the world. (5) Terrorists are willing to use any and all methods to bring about their desire to destroy human life and property. (6) The terrorists who attacked the United States have demonstrated their willingness and desire to target innocent civilians. (7) Terrorists can be expected to continue to improve their destructive capabilities. Their networks have become more sophisticated and resourceful in carrying out heinous acts of destruction. (8) To counter this threat, the United States should take every reasonable step, consistent with the principles upon which this country was founded, to restrict terrorists' ability to inflict damage against the United States. (9) Instead of making the United States safer, the proposed Yucca Mountain Project, as currently designed, would give terrorists a huge, easy-to-attack target that, at any point, could cause massive economic and civilian casualties within the United States. (10) The Yucca Mountain Project proposes to ship 77,000 tons of deadly high-level radioactive nuclear waste throughout the United States over the next 30 to 40 years. High-level radioactive nuclear waste is one of the most toxic substances known to mankind. (11) The waste would be transported by rail and by truck through at least 43 States, through hundreds of cities and towns, and through more than 360 congressional districts. (12) Findings of the Nevada State Nuclear Projects Agency demonstrate that a July 18 train accident in a Baltimore tunnel created a situation that would have been hot enough to breach a nuclear waste cask and release a cloud of suspended, radioactive particles. Such findings conclude that contamination of this sort would spread over 33 square miles, cost more than $13,000,000,000 to clean up, and cause up to 31,824 cancer-related deaths; (13) At almost every stage of the Yucca Mountain Project, high-level radioactive nuclear waste would be very vulnerable to terrorist attacks. Terrorists could attack or steal the waste as it travels on our roads, highways, railways, or waterways, as it is stored or moved at intermodal storage facilities, storage depots, or at the proposed repository itself. (14) The United States Government, in attempting to implement the Nuclear Waste Policy Act of 1982, has not sufficiently addressed the threat of terrorist attacks. (15) The Department of Energy has failed to address the Yucca Mountain Project's vulnerability to terrorism and sabotage, intrusions, trespassing, vandalism, arson, and bomb- related incidents, as expressed by the State of Nevada and independent researchers throughout the country. (16) The Department of Energy's methodology for assessing risks seriously underestimates those associated with sabotage and terrorism against radioactive shipments, waste stored at intermodal storage facilities, storage depots, and at Yucca Mountain itself. (17) The Nuclear Regulatory Commission, the agency in charge of protecting public health and safety and the environment from the harmful effects of nuclear waste, has not revised its rules regarding the transportation of nuclear waste since the early 1970s. The antiquated rules do not address modern-day threats and weapons, nor the increased risk posed by today's most violent and maniacal terrorists. SEC. 3. YUCCA MOUNTAIN PROJECT VULNERABILITY AND DEFENSE PLAN. The Office of Homeland Security shall coordinate the development and implementation of an interagency plan, in conjunction with appropriate Federal, State, and local agencies and with public input, to prepare for and defend against Federal crimes of terrorism targeting any aspect of the Yucca Mountain Project. The interagency plan shall-- (1) include a comprehensive analysis of the safety and vulnerability to Federal crimes of terrorism of the Yucca Mountain Project; (2) address attacks against-- (A) rail, truck, and barge shipments of nuclear waste; (B) facilities, equipment, infrastructure, and vehicles used for such shipments of nuclear waste; (C) personnel working for the Yucca Mountain Project; (D) all intermediary, staging, transfer, intermodal, and temporary storage facilities used for shipping nuclear waste to the Yucca Mountain repository; (E) Yucca Mountain repository facilities, vehicles, and equipment; (F) all water and power systems used by the Yucca Mountain Project; and (G) nuclear waste containers for transportation, transfer, or storage; (3) give special emphasis to addressing-- (A) the use of nuclear waste as a radiological weapon; (B) the use of high-energy explosives, anti-tank missiles, armor piercing technologies, and other sophisticated technologies; and (C) sabotage or theft of high-level nuclear waste; (4) include a comprehensive strategy for defending the Yucca Mountain Project against all Federal crimes of terrorism, which shall address-- (A) vulnerabilities analyzed under paragraph (1); (B) the defense of the Yucca Mountain Project against air and ground assaults, truck bombs, attacks using sophisticated armor piercing technologies, suicide attacks, and other potential military-style attacks; (C) credible worst-case assumptions about the timing and location of potential attacks; (D) the effects of weather conditions during and after attacks; (E) the use of expanded no-fly zones, and the development of policy regarding infractions of a no-fly zone over key areas involved in the Yucca Mountain Project, with emphasis paid to whether the size of the no-fly zone is sufficient to protect against an airborne attack, ways of defending against this type of attack, and whether there is ample time for our national defense to defend against an infraction of the no-fly zone; (F) the use of background and security checks of all personnel related to the transport of nuclear waste to Yucca Mountain; (G) developing a uniform Federal standard for the use of deadly force to protect all aspects of the Yucca Mountain Project; and (H) specific rules of engagement for a potential airborne attack; and (5) an analysis of the economic, public health, and environmental costs and impacts of implementing the plan. SEC. 4. YUCCA MOUNTAIN PROJECT TERRORISM CONSEQUENCE ASSESSMENT AND RESPONSE PLAN. The Federal Emergency Management Agency, in coordination with appropriate Federal, State, and local agencies, shall coordinate the development and implementation of a comprehensive interagency plan to ensure that Federal, State, and local government response plans and programs can respond adequately to the consequences of Federal crimes of terrorism directed against any stage of the Yucca Mountain Project. The plan shall include-- (1) necessary preresponse preparations and evacuation plans for Federal, State, and local governments; (2) procedures for notifying State and local emergency response units when nuclear waste is transported through their local area; (3) an analysis and a comprehensive set of procedures to address the impacts of Federal crimes of terrorism that result in a release of radioactive materials including-- (A) immediate and long term public health effects; (B) environmental impacts, broadly defined; (C) direct socioeconomic impacts, including cleanup and disposal costs and opportunity costs, to affected individuals and businesses; and (D) indirect socioeconomic impacts, including economic losses resulting from perceptions of risk and stigma effects; and (4) a comprehensive cost-benefit analysis of the economic, public health, and environmental effects of implementing the plan. The analysis shall include the repercussions and costs from a wide range of types of Federal crimes of terrorism. SEC. 5. TECHNICAL REVIEW. The Assistant to the President for Homeland Security and the Federal Emergency Management Agency shall enter into appropriate arrangements with the National Research Council for technical review of the plans developed under sections 3 and 4, respectively. Such reviews shall-- (1) address the strengths and shortcomings of the analyses and preparations set forth in the plans; and (2) pay special attention to-- (A) the need for physical testing, including full- scale and scale model testing, to evaluate weapons capabilities; (B) container vulnerability to high-energy explosive devices, and the effects on nuclear waste; and (C) the appropriateness of existing computer models for evaluating near-site environmental dispersion of released radionuclides, resulting health effects, and cleanup and disposal requirements. SEC. 6. GOVERNMENT LIABILITY OF YUCCA MOUNTAIN PROJECT CONTRACTING. The Assistant to the President for Homeland Security shall prepare and transmit to the Congress a report on the potential liability costs and damages resulting from a wide range of Federal crimes of terrorism against the Yucca Mountain Project. Such report must be transmitted before the Secretary of Energy may make a positive recommendation to the President under section 114(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(a)). SEC. 7. DEPARTMENT OF ENERGY RECOMMENDATION. The Secretary of Energy shall not make a positive recommendation to the President under section 114(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10134(a)), and the Nuclear Regulatory Commission shall not issue any license for a repository at Yucca Mountain, unless-- (1) the interagency plans required under sections 3 and 4 are completed and included in the final environmental impact statement for Yucca Mountain, and all rules and recommendations implemented completely; (2) public hearings have been held for all affected populations; and (3) the Secretary has certified that all facets of the Yucca Mountain Project are not vulnerable to Federal crimes of terrorism. SEC. 8. DEFINITIONS. For purposes of this Act-- (1) the term ``Federal crime of terrorism'' has the meaning given that term in section 2332b(g)(5) of title 18, United States Code; and (2) the term ``Yucca Mountain Project'' means all aspects of the high-level nuclear waste repository currently being studied at Yucca Mountain. The term includes all Department of Energy transportation plans, interim storage facilities, intermodal transfer facilities, repositories, and any other site where high-level waste will be handled in relation to the Yucca Mountain Project. | Nuclear Waste Terrorist Threat Assessment and Protection Act - Directs the Office of Homeland Security to coordinate the development and implementation of an interagency plan to prepare for and defend against terrorist crimes targeting the Yucca Mountain Project (high-level nuclear waste repository being studied at Yucca Mountain, Nevada).Requires that the plan: (1) include a comprehensive analysis of the safety and vulnerability of the Project to terrorism; (2) address specified types of attacks; (3) give special emphasis to addressing the use of nuclear waste as a radiological weapon, the use of specified technologies, and sabotage or theft of high-level nuclear waste; and (4) include a comprehensive strategy for defending against terrorism and an analysis of the economic, public health, and environmental costs and impacts of implementing the plan.Directs: (1) the Federal Emergency Management Agency (FEMA) to coordinate the development and implementation of a comprehensive interagency plan; and (2) the Assistant to the President for Homeland Security and FEMA to enter into appropriate arrangements with the National Research Council for technical review of the plans and to report to Congress on the potential liability costs and damages resulting from terrorism against the Project.Prohibits the Secretary of Energy from making a positive recommendation regarding, and the Nuclear Regulatory Commission from issuing a license for, a Yucca Mountain repository unless specified conditions are met, including that public hearings have been held for affected populations and the Secretary has certified that the Project is not vulnerable to terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ghost Army Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The 23d Headquarters Special Troops, comprised of the 23d Headquarters and Headquarters Company, Special Troops, the 603d Engineer Camouflage Battalion, the 406th Combat Engineer Company, the 3132d Signal Service Company and the Signal Company, Special, 23d Headquarters, Special Troops) and the 3133d Signal Service Company were top-secret units of the United States Army that served in Europe during World War II. (2) The 23d Headquarters, Special Troops, was actively engaged in battlefield operations from June of 1944 through March of 1945. The 3133d Signal Service Company was engaged in operations in Italy in 1945. (3) The deceptive activities of these units were integral to several Allied victories across Europe and reduced American casualties. (4) In evaluating the performance of these units 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 citizen-soldiers recruited from art schools, advertising agencies, communications companies, and other creative and technical professions. (6) The first four members of the 23d Headquarters, Special Troops, landed on D-Day and two became casualties while creating false beach landing sites. (7) The 23d Headquarters Special Troops, secret deception operations commenced in France on June 14, 1944, when Task Force Mason, a 17-man detachment of the 23d led by First Lieutenant Bernard Mason, landed at Omaha Beach. Task Force Mason conducted Operation ELEPHANT between 1 and 4 July, 1944, to draw enemy fire and protect the 980th Field Artillery Battalion (VIII Corps) as part of the Normandy Campaign. (8) Operation ELEPHANT was a prelude to 21 full-scale tactical deceptions completed by the 23d Headquarters, Special Troops. (9) Often operating on or near the front lines, the 23d Headquarters, Special Troops, 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) The 3132d and the 3133d Signal Service Companies, activated in Pine Camp (now Fort Drum), New York, at the Army Experimental Station in March 1944, were the only two active duty ``sonic deception'' ground combat units in World War II. (11) Soldiers of the 23d Headquarters, Special Troops, 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. (12) During the Battle of the Bulge, the 23d Headquarters, Special Troops 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. (13) In its final mission, Operation VIERSEN, in March 1945, the 23d Headquarters, Special Troops, conducted a tactical deception that drew German units down the Rhine River and away from the Ninth Army, allowing the Ninth 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. According to a military intelligence officer of the 79th Infantry, ``There is no doubt that Operation VIERSEN materially assisted in deceiving the enemy with regard to the real dispositions and intentions of this Army.''. (14) Three soldiers of the 23d Headquarters, Special Troops, gave their lives and dozens were injured in carrying out their mission. (15) In April 1945, the 3133d Signal Service Company conducted Operation CRAFTSMAN in support of Operation SECOND WIND, the successful allied effort to break through the German defensive position to the north of Florence, Italy, known as the Gothic Line. Along with an attached platoon of British engineers, who were inflatable decoy specialists, the 3133d Signal Service Company used sonic deception to misrepresent troop locations along this defensive line. (16) The activities of the 23d Headquarters, Special Troops and the 3133d Signal Service Company remained highly classified for more than forty years after the war and were never formally recognized. The extraordinary accomplishments of this unit are deserving of belated official recognition. (17) The United States is eternally grateful to the soldiers of the 23d Headquarters, Special Troops and the 3133d Signal Service Company for their proficient use of innovative tactics throughout World War II, which saved lives and made significant contributions to the defeat of the Axis powers. 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 23d 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 MEDAL. The gold medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. | Ghost Army Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to award a Congressional Gold Medal to the 23rd Headquarters Special Troops, known as the "Ghost Army," collectively, in recognition of its service during World War II. The bill expresses the sense of 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; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Upper Mississippi River Basin Protection 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. Reliance on sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK Sec. 101. Establishment of monitoring network. Sec. 102. Data collection and storage responsibilities. Sec. 103. Relationship to existing sediment and nutrient monitoring. Sec. 104. Collaboration with other public and private monitoring efforts. Sec. 105. Reporting requirements. Sec. 106. National Research Council assessment. TITLE II--COMPUTER MODELING AND RESEARCH Sec. 201. Computer modeling and research of sediment and nutrient sources. Sec. 202. Use of electronic means to distribute information. Sec. 203. Reporting requirements. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS Sec. 301. Authorization of appropriations. Sec. 302. Cost-sharing requirements. SEC. 2. DEFINITIONS. In this Act: (1) The terms ``Upper Mississippi River Basin'' and ``Basin'' mean the watershed portion of the Upper Mississippi River and Illinois River basins, from Cairo, Illinois, to the headwaters of the Mississippi River, in the States of Minnesota, Wisconsin, Illinois, Iowa, and Missouri. The designation includes the Kaskaskia watershed along the Illinois River and the Meramec watershed along the Missouri River. (2) The terms ``Upper Mississippi River Stewardship Initiative'' and ``Initiative'' mean the activities authorized or required by this Act to monitor nutrient and sediment loss in the Upper Mississippi River Basin. (3) The term ``sound science'' refers to the use of accepted and documented scientific methods to identify and quantify the sources, transport, and fate of nutrients and sediment and to quantify the effect of various treatment methods or conservation measures on nutrient and sediment loss. Sound science requires the use of documented protocols for data collection and data analysis, and peer review of the data, results, and findings. SEC. 3. RELIANCE ON SOUND SCIENCE. It is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science. TITLE I--SEDIMENT AND NUTRIENT MONITORING NETWORK SEC. 101. ESTABLISHMENT OF MONITORING NETWORK. (a) Establishment.--As part of the Upper Mississippi River Stewardship Initiative, the Secretary of the Interior shall establish a sediment and nutrient monitoring network for the Upper Mississippi River Basin for the purposes of-- (1) identifying and evaluating significant sources of sediment and nutrients in the Upper Mississippi River Basin; (2) quantifying the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantifying the transport of those sediments and nutrients to and through the Upper Mississippi River Basin; (4) recording changes to sediment and nutrient loss over time; (5) providing coordinated data to be used in computer modeling of the Basin, pursuant to section 201; and (6) identifying major sources of sediment and nutrients within the Basin for the purpose of targeting resources to reduce sediment and nutrient loss. (b) Role of United States Geological Survey.--The Secretary of the Interior shall carry out this title acting through the office of the Director of the United States Geological Survey. SEC. 102. DATA COLLECTION AND STORAGE RESPONSIBILITIES. (a) Guidelines for Data Collection and Storage.--The Secretary of the Interior shall establish guidelines for the effective design of data collection activities regarding sediment and nutrient monitoring, for the use of suitable and consistent methods for data collection, and for consistent reporting, data storage, and archiving practices. (b) Release of Data.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin shall be released to the public using generic station identifiers and hydrologic unit codes. In the case of a monitoring station located on private lands, information regarding the location of the station shall not be disseminated without the landowner's permission. (c) Protection of Privacy.--Data resulting from sediment and nutrient monitoring in the Upper Mississippi River Basin is not subject to the mandatory disclosure provisions of section 552 of title 5, United States Code, but may be released only as provided in subsection (b). SEC. 103. RELATIONSHIP TO EXISTING SEDIMENT AND NUTRIENT MONITORING. (a) Inventory.--To the maximum extent practicable, the Secretary of the Interior shall inventory the sediment and nutrient monitoring efforts, in existence as of the date of the enactment of this Act, of Federal, State, local, and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps and redundancies. (b) Integration.--On the basis of the inventory, the Secretary of the Interior shall integrate the existing sediment and nutrient monitoring efforts, to the maximum extent practicable, into the sediment and nutrient monitoring network required by section 101. (c) Consultation and Use of Existing Data.--In carrying out this section, the Secretary of the Interior shall make maximum use of data in existence as of the date of the enactment of this Act and of ongoing programs and efforts of Federal, State, tribal, local, and nongovernmental entities in developing the sediment and nutrient monitoring network required by section 101. (d) Coordination With Long-Term Estuary Assessment Project.--The Secretary of the Interior shall carry out this section in coordination with the long-term estuary assessment project authorized by section 902 of the Estuaries and Clean Waters Act of 2000 (Public Law 106-457; 33 U.S.C. 2901 note). SEC. 104. COLLABORATION WITH OTHER PUBLIC AND PRIVATE MONITORING EFFORTS. To establish the sediment and nutrient monitoring network, the Secretary of the Interior shall collaborate, to the maximum extent practicable, with other Federal, State, tribal, local and private sediment and nutrient monitoring programs that meet guidelines prescribed under section 102(a), as determined by the Secretary. SEC. 105. REPORTING REQUIREMENTS. The Secretary of the Interior shall report to Congress not later than 180 days after the date of the enactment of this Act on the development of the sediment and nutrient monitoring network. SEC. 106. NATIONAL RESEARCH COUNCIL ASSESSMENT. The National Research Council of the National Academy of Sciences shall conduct a comprehensive water resources assessment of the Upper Mississippi River Basin. TITLE II--COMPUTER MODELING AND RESEARCH SEC. 201. COMPUTER MODELING AND RESEARCH OF SEDIMENT AND NUTRIENT SOURCES. (a) Modeling Program Required.--As part of the Upper Mississippi River Stewardship Initiative, the Director of the United States Geological Survey shall establish a modeling program to identify significant sources of sediment and nutrients in the Upper Mississippi River Basin. (b) Role.--Computer modeling shall be used to identify subwatersheds which are significant sources of sediment and nutrient loss and shall be made available for the purposes of targeting public and private sediment and nutrient reduction efforts. (c) Components.--Sediment and nutrient models for the Upper Mississippi River Basin shall include the following: (1) Models to relate nutrient loss to landscape, land use, and land management practices. (2) Models to relate sediment loss to landscape, land use, and land management practices. (3) Models to define river channel nutrient transformation processes. (d) Collection of Ancillary Information.--Ancillary information shall be collected in a GIS format to support modeling and management use of modeling results, including the following: (1) Land use data. (2) Soils data. (3) Elevation data. (4) Information on sediment and nutrient reduction improvement actions. (5) Remotely sense data. SEC. 202. USE OF ELECTRONIC MEANS TO DISTRIBUTE INFORMATION. Not later than 90 days after the date of the enactment of this Act, the Director of the United States Geological Survey shall establish a system that uses the telecommunications medium known as the Internet to provide information regarding the following: (1) Public and private programs designed to reduce sediment and nutrient loss in the Upper Mississippi River Basin. (2) Information on sediment and nutrient levels in the Upper Mississippi River and its tributaries. (3) Successful sediment and nutrient reduction projects. SEC. 203. REPORTING REQUIREMENTS. (a) Monitoring Activities.--Commencing one year after the date of the enactment of this Act, the Director of the United States Geological Survey shall provide to Congress and make available to the public an annual report regarding monitoring activities conducted in the Upper Mississippi River Basin. (b) Modeling Activities.--Every three years, the Director of the United States Geological Survey shall provide to Congress and make available to the public a progress report regarding modeling activities. TITLE III--AUTHORIZATION OF APPROPRIATIONS AND RELATED MATTERS SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) United States Geological Survey Activities.--There is authorized to be appropriated to the United States Geological Survey $6,250,000 each fiscal year to carry out this Act (other than section 106). Of the amounts appropriated for a fiscal year pursuant to this authorization of appropriations, one-third shall be made available for the United States Geological Survey Cooperative Water Program and the remainder shall be made available for the United States Geological Survey Hydrologic Networks and Analysis Program. (b) Water Resource and Water Quality Management Assessment.--There is authorized to be appropriated $650,000 to allow the National Research Council to perform the assessment required by section 106. SEC. 302. COST-SHARING REQUIREMENTS. Funds made available for the United States Geological Survey Cooperative Water Program under section 301(a) shall be subject to the same cost sharing requirements as specified in the last proviso under the heading ``United States Geological Survey-surveys, investigations, and research'' of the Department of the Interior and Related Agencies Appropriations Act, 2002 (Public Law 107-63; 115 Stat. 427; 43 U.S.C. 50). Passed the House of Representatives March 25, 2003. Attest: JEFF TRANDAHL, Clerk. | (This measure has not been amended since it was introduced in the House on February 27, 2003. However, because action occurred on the measure, the summary has been expanded.)Upper Mississippi River Basin Protection Act - Declares that it is the policy of Congress that Federal investments in the Upper Mississippi River Basin must be guided by sound science.Title I: Sediment and Nutrient Monitoring Network - (Sec. 101) Directs the Secretary of the Interior (acting through the office of the Director of the United States Geological Survey (USGS)), as part of the Upper Mississippi River Stewardship Initiative, to establish a nutrient and sediment monitoring network for the River Basin to: (1) identify and evaluate sources of sediments and nutrients; (2) quantify the processes affecting mobilization, transport, and fate of those sediments and nutrients on land and in water; (3) quantify their transport to and through the Basin; (4) record changes to sediment and nutrient loss; (5) provide coordinated data to be used in computer modeling of the Basin; and (6) identify major sources for targeting resources to reduce sediment and nutrient loss.(Sec. 102) Directs the Secretary to establish guidelines for related data collection and storage activities. Requires such data to be released to the public using generic station identifiers and hydrologic codes. Prohibits information regarding the location of a monitoring station on private lands from being disseminated without the landowner's permission.(Sec. 103) Directs the Secretary: (1) to inventory the sediment and nutrient monitoring efforts of governmental and nongovernmental entities for the purpose of creating a baseline understanding of overlap, data gaps, and redundancies; and (2) based on such inventory, to integrate such efforts into the monitoring network. Requires that such activities be carried out in coordination with the long-term estuary assessment project authorized under the Estuaries and Clean Waters Act of 2000.(Sec. 104) Directs the Secretary to collaborate with other public and private monitoring programs in establishing the monitoring network.(Sec. 105) Requires the Secretary to report to Congress on the development of such network.(Sec. 106) Directs the National Research Council of the National Academy of Sciences to conduct a water resources assessment of the Basin.Title II: Computer Modeling and Research - (Sec. 201) Requires the USGS Director, as part of the Initiative, to establish a computer modeling program of nutrient and sediment sources in the Basin. Requires such modeling to: (1) be used to identify subwatersheds that are significant sources of sediment and nutrient loss;(2) be made available for targeting public and private sediment and nutrient reduction efforts; and (3) include models to relate nutrient and sediment loss to landscape, land use, and land management practices and to define river channel nutrient transformation processes. Requires the collection of ancillary information in a GIS format to support modeling and management use of modeling results.(Sec. 202) Requires the Director to establish an Internet-based system to provide information about nutrient and sediment loss reduction programs and successful projects and about nutrient and sediment levels in the Upper Mississippi River and its tributaries.(Sec. 203) Requires the Director to provide to Congress and the public: (1) annual reports regarding monitoring activities conducted in the Basin; and (2) triennial progress reports regarding modeling activities.Title III: Authorization of Appropriations and Related Matters - (Sec. 301) Authorizes appropriations to: (1) the USGS to carry out this Act, of which one-third of appropriated amounts shall be made available for the Cooperative Water Program and the remainder for the Hydrologic Networks and Analysis Program; and (2) allow the National Research Council to perform the water resources assessment.(Sec. 302) Subjects funds for the Cooperative Water Program to the same cost sharing requirements as specified in a certain proviso under the Department of the Interior and Related Agencies Appropriations Act, 2002 for USGS surveys, investigations, and research. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Private Vocational Partnership Act of 2009''. SEC. 2. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. DONATIONS TO SECONDARY SCHOOLS AND COMMUNITY COLLEGES FOR VOCATIONAL EDUCATION PURPOSES. ``(a) In General.--For purposes of section 38, in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 90 percent of the fair market value of qualified property donations made during the taxable year, plus ``(2) the aggregate of the intern credit amounts. ``(b) Limitations.-- ``(1) Qualified property donations.--The amount allowed as a credit under subsection (a)(1) shall not exceed $50,000. ``(2) Intern credit amount.-- ``(A) In general.--The amount allowed as a credit under subsection (a)(2) with respect to a qualified intern shall be the amount equal to $100 multiplied by the number of months during the taxable year in which the intern was an employee of the taxpayer. ``(B) Aggregate per intern credit amounts.--The aggregate amount allowed to the taxpayer as a credit under subsection (a)(2) for the taxable year shall not exceed $6,000. ``(c) Qualified Property Donations.--For purposes of this section, the term `qualified property donations' means a charitable contribution (as defined in section 170(c)) of tangible personal property if-- ``(1) the contribution is to an educational organization described in section 170(b)(1)(A)(ii) which is a secondary school, community college, or technical school, ``(2) substantially all of the use of the property by the donee is for use within the United States for educational purposes that are related to the purpose or function of the donee, ``(3) the property is not transferred by the donee in exchange for money, other property, or services, except for shipping, installation and transfer costs, ``(4) the property will fit productively into the donee's education plan, ``(5) the donee's use and disposition of the property will be in accordance with the provisions of paragraphs (2), (3), and (4), and ``(6) the property meets such standards, if any, as the Secretary may prescribe by regulation to assure that the property meets minimum functionality and suitability standards for educational purposes. ``(d) Qualified Intern.--For purposes of this section-- ``(1) In general.--The term `qualified intern' means an individual-- ``(A) who is enrolled full-time as a student in a secondary school or community college, and ``(B) who is employed for not more than 20 hours per week by the taxpayer as part of a vocational education course approved by such school or college. ``(2) Secondary school.--The term `secondary school' means a secondary school (as defined by section 9101(38) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(38)) which offers a program of education in vocational education. ``(3) Community college.--The term `community college' means a public or nonprofit private postsecondary regionally accredited institution that provides not less than a 2-year program of instruction that is acceptable for full credit toward a bachelor's degree at an accredited institution and whose highest degree offered is predominantly the associate degree. ``(e) Aggregation Rule.--For purposes of subsection (b), all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (n) or (o) of section 414 shall be treated as one person. ``(f) Coordination With Section 170(b).--The limitation which would (but for this subsection) apply under section 170(b) for any taxable year shall be reduced (but not below zero) by the fair market value of property taken into account in determining the credit allowed under subsection (a)(1) for such year.''. (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) in the case of a corporation (as defined in section 170(e)(4)(D)), the vocational education donation credit determined under section 45R(a).''. (c) Denial of Double Benefit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following new subsection: ``(g) Vocational Education Donations.--The deduction otherwise allowed for amounts taken into account under section 45R shall be reduced by the amount of the credit determined under section 45R(a) with respect to such amounts.''. (d) Conforming 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 45Q the following new item: ``45R. Donations to secondary schools and community colleges for vocational education purposes.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. | Public Private Vocational Partnership Act of 2009 - Amends the Internal Revenue Code to allow corporations (other than S corporations, personal holding companies, and service organizations) a general business tax credit for: (1) charitable contributions to secondary schools, community colleges, or technical schools that provide vocational education; and (2) employing interns as part of a vocational education course approved by a secondary school or community college. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Forest System Vegetation Management Pilot Program Act of 2017''. SEC. 2. UTILITY INFRASTRUCTURE RIGHTS-OF-WAY VEGETATION MANAGEMENT PILOT PROGRAM. (a) Definitions.--In this section: (1) National forest system land.-- (A) In general.--The term ``National Forest System land'' means land within the National Forest System, as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (B) Exclusions.--The term ``National Forest System land'' does not include-- (i) a National Grassland; or (ii) a land utilization project on land designated as a National Grassland and administered pursuant to sections 31, 32, and 33 of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010, 1011, 1012). (2) Passing wildfire.--The term ``passing wildfire'' means a wildfire that originates outside of a right-of-way. (3) Pilot program.--The term ``pilot program'' means the pilot program established by the Secretary under subsection (b). (4) Right-of-way.--The term ``right-of-way'' means a special use authorization issued by the Forest Service allowing the placement of utility infrastructure. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Utility infrastructure.--The term ``utility infrastructure'' means electric transmission lines, natural gas infrastructure, or related structures. (b) Establishment.--To encourage owners or operators of rights-of- way on National Forest System land to partner with the Forest Service to voluntarily conduct vegetation management projects on a proactive basis to better protect utility infrastructure from potential passing wildfires, the Secretary shall establish a limited, voluntary pilot program, in the manner described in this section, to conduct vegetation management projects on National Forest System land adjacent to or near those rights-of-way. (c) Eligible Participants.-- (1) In general.--A participant in the pilot program shall be the owner or operator of a right-of-way on National Forest System land. (2) Selection priority.--In selecting participants for the pilot program, the Secretary shall give priority to an owner or operator of a right-of-way that has worked with Forest Service fire scientists and used technologies, such as light detection and ranging surveys, to improve utility infrastructure protection prescriptions. (d) Vegetation Management Projects.-- (1) In general.--A vegetation management project conducted under the pilot program shall involve only limited and selective vegetation management activities that-- (A) shall create the least disturbance reasonably necessary to protect utility infrastructure from passing wildfires based on applicable models, including Forest Service fuel models; (B) may include thinning, fuel reduction, creation and treatment of shaded fuel breaks, and other appropriate measures; (C) shall only be conducted on National Forest System land-- (i) adjacent to the right-of-way of a participant; or (ii) within 75 feet of the right-of-way of a participant; and (D) shall not be conducted on-- (i) a component of the National Wilderness Preservation System; (ii) a designated wilderness study area; or (iii) an inventoried roadless area. (2) Approval.--Each vegetation management project described in paragraph (1) (including each vegetation management activity described in subparagraphs (A) through (D) of that paragraph) shall be subject to approval by the Forest Service in accordance with this section. (e) Project Costs.-- (1) In general.--Except as provided in paragraph (2), a participant in the pilot program shall be responsible for all costs, as determined by the Secretary, incurred in participating in the pilot program. (2) Federal funding.--The Secretary may contribute funds for a vegetation management project conducted under the pilot program if the Secretary determines that the contribution is in the public interest. (f) Liability.-- (1) In general.--Participation in the pilot program shall not affect any legal obligations or liability standards that-- (A) arise under the right-of-way for activities in the right-of-way; or (B) apply to fires resulting from causes other than activities conducted pursuant to an approved vegetation management project conducted under the pilot program. (2) Project work.--A participant in the pilot program shall not be liable to the United States for damage proximately caused by an activity conducted pursuant to an approved vegetation management project conducted under the pilot program, unless-- (A) the activity was carried out in a manner that was grossly negligent or that violated criminal law; or (B) the damage was caused by the failure of the participant to comply with specific safety requirements expressly imposed by the Forest Service as a condition of participation in the pilot program. (g) Implementation.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall use the authority of the Secretary under other laws (including regulations) to carry out the pilot program. (2) Modification of regulations.--In order to implement the pilot program in an efficient and expeditious manner, the Secretary may waive or modify specific provisions of the Federal Acquisition Regulation, including waivers or modifications to allow for the formation of contracts or agreements on a noncompetitive basis. (h) Treatment of Proceeds.--Notwithstanding any other provision of law, the Secretary may-- (1) retain any funds provided to the Forest Service by a participant in the pilot program; and (2) use funds retained under paragraph (1), in such amounts as may be appropriated, to carry out the pilot program. (i) Report to Congress.--Not later than December 31, 2019, and every 2 years thereafter through December 31, 2027, the Secretary shall submit a report describing the status of the pilot program and vegetation management projects conducted under the pilot program to-- (1) the Committee on Energy and Natural Resources of the Senate; (2) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (3) the Committee on Natural Resources of the House of Representatives; and (4) the Committee on Agriculture of the House of Representatives. (j) Duration.--The authority to carry out the pilot program, including any vegetation management project conducted under the pilot program, expires on December 31, 2027. | National Forest System Vegetation Management Pilot Program Act of 2017 This bill directs the Department of Agriculture (USDA) to establish a limited, voluntary pilot program under which owners and operators of rights-of-way on National Forest System (NFS) land may conduct vegetation management projects on NFS land adjacent to or near those rights-of-way to better protect utility infrastructure from potential passing wildfires. USDA shall give priority to an owner or operator of a right-of-way that has worked with Forest Service fire scientists and used technologies to improve utility infrastructure protection prescriptions. Vegetation management projects shall involve only limited and selective vegetation management activities that: create the least amount of disturbance necessary to protect utility infrastructure from passing wildfires; may include thinning, fuel reduction, creation, and treatment of shaded fuel breaks; are conducted only on NFS land adjacent to the participant's right-of-way or within 75 feet of it; and are not conducted on a component of the National Wilderness Preservation System, a designated wilderness area, or an inventoried roadless area. Each vegetation management project, including each of those activities selected, shall be subject to approval by the Forest Service. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Openness in Political Expenditures Now Act'' or the ``OPEN Act''. SEC. 2. DISCLOSURE BY CORPORATIONS TO SHAREHOLDERS OF DISBURSEMENTS FOR POLITICAL ACTIVITY. (a) Disclosure Required.--Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section: ``SEC. 325. DISCLOSURES BY CORPORATIONS TO SHAREHOLDERS OF INFORMATION ON DISBURSEMENTS FOR CERTAIN POLITICAL ACTIVITY. ``(a) Including Information in Regular Periodic Reports.-- ``(1) In general.--A corporation which submits regular, periodic reports to its shareholders shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the corporation for covered political activity during the period covered by the report, but only if the amount of the disbursement made for such activity during the period covered by the report equals or exceeds the applicable threshold for the activity described in paragraph (3). ``(2) Information described.--The information described in this paragraph is, for each disbursement for covered political activity-- ``(A) the date of the disbursement; ``(B) the amount of the disbursement; ``(C) in the case of a disbursement consisting of an independent expenditure or an electioneering communication, or in the case of a covered political activity described in subsection (c)(3), the name of the candidate identified in the independent expenditure or electioneering communication involved, the Commission ID assigned to the candidate, and the office sought by the candidate; and ``(D) in the case of a covered political activity described in subsection (c)(4), the identification of the association or organization to whom the disbursement was made, and the Commission ID (if any) assigned to the association or organization. ``(3) Applicable threshold for disclosure.--For purposes of paragraph (1), the `applicable threshold' with respect to a disbursement for covered political activity during a period covered by a report is as follows: ``(A) In the case of covered political activity consisting of an independent expenditure, $250. ``(B) In the case of covered political activity consisting of an electioneering communication or a communication described in subsection (c)(3), $10,000. ``(C) In the case of covered political activity consisting of a payment described in subsection (c)(4), the amount of the limitation on contributions which is in effect under section 315(a)(1)(C) as of the last day of the period. ``(b) Submission of Statement to Commission.-- ``(1) Submission of statement.--If a corporation includes information in a report pursuant to this section, at the time the corporation submits the report to its shareholders, the corporation shall file a statement with the Commission consisting of the information included in the report pursuant to this section. ``(2) Hyperlink to information.-- ``(A) Requiring posting of hyperlink.--If a corporation maintains an Internet site, the corporation shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the statement filed by the corporation under paragraph (1). ``(B) Deadline; duration of posting.--The corporation shall post the hyperlink described in subparagraph (A) not later than 24 hours after the Commission posts the statement filed by the corporation under paragraph (1) on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the corporation until the expiration of the 1-year period which begins on the date of the election with respect to which the disbursements included in the statement are made. ``(c) Covered Political Activity Defined.--In this section, the term `covered political activity' means each of the following: ``(1) An independent expenditure (as defined in section 301(17)). ``(2) An electioneering communication (as defined in section 304(f)(3)). ``(3) A communication which would be treated as an electioneering communication under section 304(f)(3) if the communication had been a broadcast, cable, or satellite communication. ``(4) The payment of dues or other amounts to a trade association or to a section 501(c)(4) organization. ``(d) Other Definitions.--In this section, the following definitions apply: ``(1) The term `corporation' means any corporation which is subject to section 316(a). ``(2) The term `section 501(c)(4) organization' means any organization described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to reports described in section 325(a)(1) of the Federal Election Campaign Act of 1971 (as added by subsection (a)) which are filed after the expiration of the 90-day period which begins on the date of the enactment of this Act. SEC. 3. LIMITATION ON ENGAGING IN COVERED POLITICAL ACTIVITIES BY SOCIAL WELFARE ORGANIZATIONS. (a) In General.--Section 501(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(C)(i) Subparagraph (A) shall not apply to an entity for a taxable year if the total expenditures of such entity for the taxable year for covered political activity exceed the lesser of-- ``(I) 10 percent of the total expenditures of such entity for the taxable year, or ``(II) $10,000,000. ``(ii) Subparagraph (A) shall not apply to an entity for a taxable year unless its governing instrument includes provisions the effects of which are to prohibit the expenditures of the entity for a covered political activity from exceeding the threshold specified in clause (i). ``(iii) For purposes of this subparagraph, the term `covered political activity' means-- ``(I) any activity described in paragraphs (1) through (3) of section 325(c) of the Federal Election Campaign Act of 1971; and ``(II) any payment by the entity to any other entity described in this paragraph or to an organization described in paragraph (6) which the payor entity knows, or has reason to know, will be used directly or indirectly by the payee entity or organization for any activity referred to in subclause (I). ``(iv) Clause (i) shall not apply for a taxable year for which the 10 percent threshold specified in clause (i)(I) is exceeded by not more than a de minimis amount if the Secretary determines that the reason for exceeding the threshold was not willful and is due to reasonable cause. ``(v) The Secretary shall prescribe such regulations as may be necessary or appropriate to prevent the avoidance of clause (i), including regulations relating to a direct or indirect transfer of all or part of the assets of an entity to an entity controlled (directly or indirectly) by the same person or persons who control the transferor entity.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. | Openness in Political Expenditures Now Act or OPEN Act This bill amends the Federal Election Campaign Act of 1971 to require a corporation that submits regular, periodic reports to its shareholders to include in each such report specified information on disbursements it has made for certain political activity (including independent expenditures and electioneering communications) during the period covered by the report. The amount of disbursements reported, however, is limited to the amount that equals or exceeds the applicable threshold for the covered political activity. "Applicable threshold" for a disbursement is defined as: (1) $250 for an independent expenditure, (2) $10,000 for an electioneering communication or another kind of communication meeting specified criteria, and (3) the amount of the applicable limitation on contributions in effect for payment of dues or other amounts to a trade association or to a tax-exempt social welfare organization. A Corporation reporting such expenditures shall: (1) file a statement about them with the Election Assistance Commission (EAC), and (2) post on its website (if any) a hyperlink from its homepage to this statement on the EAC website. This bill amends the Internal Revenue Code to deny a tax exemption for a social welfare organization if: (1) its expenditures for the taxable year for covered political activity exceed the lesser of 10% of its total expenditures or $10 million, or (2) its governing instrument does not effectively prohibit its expenditures for a covered political activity from exceeding these thresholds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Receiving Electronic Statements To Improve Retiree Earnings Act''. SEC. 2. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. (a) Amendments to Employee Retirement Income Security Act of 1974.-- (1) In general.--Part 1 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1021 et seq.) is amended by adding at the end the following: ``SEC. 112. ELECTRONIC COMMUNICATION OF PENSION PLAN INFORMATION. ``A document of any type that is required under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a pension plan may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select among the specific electronic means made available through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, or ``(B) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this section, the term `document' includes reports, statements, notices, notifications, and other information.''. (2) Conforming amendment.--The table of contents in section 1 of such Act (29 U.S.C. 1001 note) is amended by inserting after the item relating to section 111 the following: 112. Electronic communication of pension plan information. (b) Amendment to Internal Revenue Code of 1986.--Section 414 of the Internal Revenue Code of 1986 is amended by adding at the end the following: ``(aa) Electronic Communication of Pension Plan Information.--A document of any type that is required under this title to be furnished to a plan participant, beneficiary, or other individual with respect to a plan to which this subchapter or section 457 applies may be furnished in electronic form if-- ``(1) the system for furnishing such a document-- ``(A) is designed to result in effective access to the document by the participant, beneficiary, or other specified individual through electronic means, including-- ``(i) the direct delivery of material to an electronic address of such participant, beneficiary, or individual, ``(ii) the posting of material to a website or other internet or electronic-based information repository to which access has been granted to such participant, beneficiary, or individual, but only if proper notice of the posting has been provided (which may include notice furnished by other electronic means if the content of the notice conveys the need to take action to access the posted material), and ``(iii) other electronic means reasonably calculated to ensure actual receipt of the material by such participant, beneficiary, or individual, ``(B) permits the participant, beneficiary, or other individual to select among the specific electronic means made available through which such a document shall be furnished, to modify that selection at any time, or to elect at any time to begin receiving paper versions of such documents at no additional direct cost to the individual, and ``(C) protects the confidentiality of personal information relating to such participant's, beneficiary's, or individual's accounts and benefits, ``(2) an annual paper notice is provided to each participant, beneficiary, or other individual that describes-- ``(A) the selection of the specific electronic means for the furnishing of such documents made by the participant, beneficiary, or other individual under paragraph (1)(B) in effect at the time of the provision of the notice, or ``(B) if applicable, the election made by the participant, beneficiary, or other individual under paragraph (1)(B) to be furnished paper versions of such documents, and ``(3) the electronically furnished document-- ``(A) is prepared and furnished in a manner that is consistent with the style, format, and content requirements applicable to the particular document, and ``(B) includes a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. For purposes of this subsection, the term `document' includes reports, statements, notices, notifications, and other information.''. (c) Protection of Existing Methods.--Nothing in the amendments made by this section shall be construed to prohibit-- (1) the furnishing of documents by electronic means under any law or under any regulations or guidance prescribed by the Secretary of Labor or the Secretary of the Treasury (referred to in this subsection as the ``Secretaries'') prior to the date of the enactment of this Act, or (2) the Secretaries from prescribing additional methods for furnishing documents as the Secretaries deem necessary or appropriate. (d) Effective Date.--The amendments made by this section shall apply with respect to documents furnished with respect to plan years beginning after December 31, 2016. | Receiving Electronic Statements To Improve Retiree Earnings Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to authorize the electronic delivery of pension plan documents required to be furnished to a plan participant, beneficiary, or other individual. The system for furnishing such a document must: (1) be designed to result in effective access to the document, (2) permit the recipient to select the electronic means through which the document is received or request paper documents, and (3) protect the confidentiality of personal information. An annual paper notice must be provided describing the selection of electronic means for furnishing documents and any election that has been made to receive paper documents. An electronically furnished document must be prepared and furnished in a manner that is consistent with the style, format, and content requirements for the document. It must also include a notice that apprises the individual of the significance of the document when it is not otherwise reasonably evident as transmitted. The bill specifies that: (1) documents may continue to be furnished electronically under laws, regulations, or guidance prescribed by the Department of Labor or the Department of the Treasury prior to enactment of this bill; and (2) the departments may prescribe additional methods for furnishing documents. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safeguarding Americans From Exporting Identification Data Act'' or the ``SAFE-ID Act''. SEC. 2. DEFINITIONS. As used in this Act, the following definitions shall apply: (1) Business enterprise.--The term ``business enterprise'' means-- (A) any organization, association, or venture established to make a profit; (B) any health care business; (C) any private, nonprofit organization; or (D) any contractor, subcontractor, or potential subcontractor of an entity described in subparagraph (A), (B), or (C). (2) Health care business.--The term ``health care business'' means any business enterprise or private, nonprofit organization that collects or retains personally identifiable information about consumers in relation to medical care, including-- (A) hospitals; (B) health maintenance organizations; (C) medical partnerships; (D) emergency medical transportation companies; (E) medical transcription companies; (F) banks that collect or process medical billing information; and (G) subcontractors, or potential subcontractors, of the entities described in subparagraphs (A) through (F). (3) Personally identifiable information.--The term ``personally identifiable information'' includes information such as-- (A) name; (B) postal address; (C) financial information; (D) medical records; (E) date of birth; (F) phone number; (G) e-mail address; (H) social security number; (I) mother's maiden name; (J) password; (K) state identification information; and (L) driver's license number. SEC. 3. TRANSMISSION OF INFORMATION. (a) Prohibition.--A business enterprise may not disclose personally identifiable information regarding a resident of the United States to any foreign branch, affiliate, subcontractor, or unaffiliated third party located in a foreign country unless-- (1) the business enterprise provides the notice of privacy protections described in sections 502 and 503 of the Gramm- Leach-Bliley Act (15 U.S.C. 6802 and 6803) or required by the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note), as appropriate; (2) the business enterprise complies with the safeguards described in section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)), as appropriate; (3) the consumer is given the opportunity, before the time that such information is initially disclosed, to object to the disclosure of such information to such foreign branch, affiliate, subcontractor, or unaffiliated third party; and (4) the consumer is given an explanation of how the consumer can exercise the nondisclosure option described in paragraph (3). (b) Health Care Businesses.--A health care business may not terminate an existing relationship with a consumer of health care services to avoid the consumer from objecting to the disclosure under subsection (a)(3). (c) Effect on Business Relationship.-- (1) Nondiscrimination.--A business enterprise may not discriminate against or deny an otherwise qualified consumer a financial product or a health care service because the consumer has objected to the disclosure under subsection (a)(3). (2) Products and services.--A business enterprise shall not be required to offer or provide a product or service through affiliated entities or jointly with nonaffiliated business enterprises. (3) Incentives and discounts.--Nothing in this subsection is intended to prohibit a business enterprise from offering incentives or discounts to elicit a specific response to the notice required under subsection (a). (d) Liability.-- (1) In general.--A business enterprise that knowingly and directly transfers personally identifiable information to a foreign branch, affiliate, subcontractor, or unaffiliated third party shall be liable to any person suffering damages resulting from the improper storage, duplication, sharing, or other misuse of such information by the transferee. (2) Civil action.--An injured party under paragraph (1) may sue in law or in equity in any court of competent jurisdiction to recover the damages sustained as a result of a violation of this section. (e) Rulemaking.--The Chairman of the Federal Trade Commission shall promulgate regulations through which the Chairman may enforce the provisions of this section and impose a civil penalty for a violation of this section. SEC. 4. PRIVACY FOR CONSUMERS OF HEALTH SERVICES. The Secretary of Health and Human Services shall revise the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note) to require a covered entity (as defined under such regulations) that outsources protected health information (as defined under such regulations) outside the United States to include in such entity's notice of privacy protections-- (1) notification that the covered entity outsources protected health information to business associates (as defined under such regulations) for processing outside the United States; (2) a description of the privacy laws of the country to which the protected health information will be sent; (3) any additional risks and consequences to the privacy and security of protected health information that arise as a result of the processing of such information in a foreign country; (4) additional measures the covered entity is taking to protect the protected health information outsourced for processing outside the United States; (5) notification that the protected health information will not be outsourced outside the United States if the consumer objects; and (6) a certification that-- (A) the covered entity has taken reasonable steps to identify the locations where protected health information is outsourced by such business associates; (B) attests to the privacy and security of the protected health information outsourced for processing outside the United States; and (C) states the reasons for the determination by the covered entity that the privacy and security of such information is maintained. SEC. 5. PRIVACY FOR CONSUMERS OF FINANCIAL SERVICES. Section 503(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6803(b)) is amended-- (1) in paragraph (3), by striking ``and'' after the semicolon; (2) in paragraph (4), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(5) if the financial institution outsources nonpublic personal information outside the United States-- ``(A) information informing the consumer in simple language-- ``(i) that the financial institution outsources nonpublic personal information to entities for processing outside the United States; ``(ii) of the privacy laws of the country to which nonpublic personal information will be sent; ``(iii) of any additional risks and consequences to the privacy and security of an individual's nonpublic personal information that arise as a result of the processing of such information in a foreign country; and ``(iv) of the additional measures the financial institution is taking to protect the nonpublic personal information outsourced for processing outside the United States; and ``(B) a certification that-- ``(i) the financial institution has taken reasonable steps to identify the locations where nonpublic personal information is outsourced by such entities; ``(ii) attests to the privacy and security of the nonpublic personal information outsourced for processing outside the United States; and ``(iii) states the reasons for the determination by the institution that the privacy and security of such information is maintained.'' SEC. 6. EFFECTIVE DATE. This Act shall take effect on the expiration of the date which is 90 days after the date of enactment of this Act. | Safeguarding Americans From Exporting Identification Data (SAFE-ID) Act - Prohibits business enterprises from disclosing personally identifiable information regarding U.S. residents to any branch, affiliate, subcontractor, or unaffiliated third party located in a foreign country unless: (1) the business enterprise provides notice of privacy protections and complies with safeguards described in specified Federal laws; (2) the consumer is given the opportunity to object prior to such disclosure; and (3) the consumer is given an explanation of how to exercise the nondisclosure option. Prohibits: (1) health care businesses from terminating existing relationships with consumers to avoid objections to disclosure; and (2) business enterprises from discriminating against otherwise qualified consumers of financial products or health care services due to such objections. Makes business enterprises that knowingly and directly transfer personally identifiable information to foreign entities liable to persons suffering damages due to the misuse of that information. Authorizes injured parties to file civil actions for violations of the information transmission provisions of this Act. Requires the Secretary of Health and Human Services to revise existing regulations to require covered entities that outsource protected health information to a foreign country to include certain information relating to outsourcing in such entity's privacy protection notices. Amends the Gramm-Leach-Bliley Act to require the inclusion of similar information in privacy protection notices for consumers of financial services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Obstetrician and Gynecologist Access Now Act''. SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. (a) Group Health Plans.-- (1) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (2) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to women's access to obstetrical and gynecological services''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to women's access to obstetrical and gynecological services''; and (ii) by inserting after section 9812 the following: ``SEC. 9813. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(b) Construction.--Subsection (a) shall not be construed as preventing a plan or issuer-- ``(1) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(2) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(A) are consistent with the intent of such subsection; ``(B) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(C) are not to be more restrictive for the provision of obstetrical and gynecological physician services.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning more than 180 days after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date that is 180 days after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. | Women's Obstetrician and Gynecologist Access Now Act - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to require a group plan and an issuer offering group coverage to allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating provider without a referral. States that this Act does not prevent a plan or issuer from establishing: (1) reasonable requirements for a participating provider to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network. Applies such requirements to coverage offered in the individual market. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Capital Standards Clarification Act of 2014''. SEC. 2. CLARIFICATION OF APPLICATION OF LEVERAGE AND RISK-BASED CAPITAL REQUIREMENTS. Section 171 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5371) is amended-- (1) in subsection (a), by adding at the end the following: ``(4) Business of insurance.--The term `business of insurance' has the same meaning as in section 1002(3). ``(5) Person regulated by a state insurance regulator.--The term `person regulated by a State insurance regulator' has the same meaning as in section 1002(22). ``(6) Regulated foreign subsidiary and regulated foreign affiliate.--The terms `regulated foreign subsidiary' and `regulated foreign affiliate' mean a person engaged in the business of insurance in a foreign country that is regulated by a foreign insurance regulatory authority that is a member of the International Association of Insurance Supervisors or other comparable foreign insurance regulatory authority as determined by the Board of Governors following consultation with the State insurance regulators, including the lead State insurance commissioner (or similar State official) of the insurance holding company system as determined by the procedures within the Financial Analysis Handbook adopted by the National Association of Insurance Commissioners, where the person, or its principal United States insurance affiliate, has its principal place of business or is domiciled, but only to the extent that-- ``(A) such person acts in its capacity as a regulated insurance entity; and ``(B) the Board of Governors does not determine that the capital requirements in a specific foreign jurisdiction are inadequate. ``(7) Capacity as a regulated insurance entity.--The term `capacity as a regulated insurance entity'-- ``(A) includes any action or activity undertaken by a person regulated by a State insurance regulator or a regulated foreign subsidiary or regulated foreign affiliate of such person, as those actions relate to the provision of insurance, or other activities necessary to engage in the business of insurance; and ``(B) does not include any action or activity, including any financial activity, that is not regulated by a State insurance regulator or a foreign agency or authority and subject to State insurance capital requirements or, in the case of a regulated foreign subsidiary or regulated foreign affiliate, capital requirements imposed by a foreign insurance regulatory authority.''; and (2) by adding at the end the following new subsection: ``(c) Clarification.-- ``(1) In general.--In establishing the minimum leverage capital requirements and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors as required under paragraphs (1) and (2) of subsection (b), the appropriate Federal banking agencies shall not be required to include, for any purpose of this section (including in any determination of consolidation), a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person engaged in the business of insurance, to the extent that such person acts in its capacity as a regulated insurance entity. ``(2) Rule of construction on board's authority.--This subsection shall not be construed to prohibit, modify, limit, or otherwise supersede any other provision of Federal law that provides the Board of Governors authority to issue regulations and orders relating to capital requirements for depository institution holding companies or nonbank financial companies supervised by the Board of Governors. ``(3) Rule of construction on accounting principles.-- Notwithstanding any other provision of law, a depository institution holding company or nonbank financial company supervised by the Board of Governors of the Federal Reserve that is also a person regulated by a State insurance regulator or a regulated foreign subsidiary or a regulated foreign affiliate of such person that files its holding company financial statements utilizing only Statutory Accounting Principles in accordance with State law, shall not be required to prepare such financial statements in accordance with Generally Accepted Accounting Principles.''. | Insurance Capital Standards Clarification Act of 2014 - Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act concerning establishment of minimum leverage and minimum risk-based capital requirements on a consolidated basis for a depository institution holding company or a nonbank financial company supervised by the Board of Governors of the Federal Reserve System (Board). States that federal banking agencies shall not be required to subject any person to such minimum capital requirements, to the extent that such person either: (1) acts in its capacity as a regulated insurance entity regulated by a state insurance regulator, or (2) is a regulated foreign subsidiary engaged in the business of insurance (including a regulated foreign affiliate of such subsidiary). Exempts from any requirement to prepare holding company financial statements in accordance with Generally Accepted Accounting Principles any Board-supervised depository institution holding company or nonbank financial company that is also a person regulated by a state insurance regulator or a regulated foreign subsidiary (or a regulated foreign affiliate) that files its holding company financial statements using only Statutory Accounting Principles in accordance with state law. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Recognizing Achievement in Classified School Employees Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Classified school employees provide valuable service to public schools in the United States. (2) Classified school employees provide essential services, such as transportation, facilities maintenance and operations, food service, safety, and health care. (3) Classified school employees play a vital role in providing for the welfare and safety of students. (4) Classified school employees strive for excellence in all areas of service to the education community. (5) Exemplary classified school employees should be recognized for their outstanding contributions to quality education in the United States. SEC. 3. DEFINITION OF CLASSIFIED SCHOOL EMPLOYEE. In this Act: (1) Classified school employee.--The term ``classified school employee'' means a public employee of a State or of any political subdivision of a State, who works in any grade from prekindergarten through higher education in any of the following 9 occupational specialties: (A) Paraprofessional services. (B) Clerical and administrative services. (C) Transportation services. (D) Food and nutrition services. (E) Custodial and maintenance services. (F) Security services. (G) Health and student services. (H) Technical services. (I) Skilled trades. (2) Other definitions.--The terms used in this Act have the meaning given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). SEC. 4. RECOGNITION PROGRAM ESTABLISHED. (a) In General.--The Secretary of Education shall establish a national recognition program to be known as the ``National Classified School Employee of the Year Award program''. The purpose of the program shall be to recognize and promote the commitment and excellence exhibited by classified school employees in public schools who provide exemplary service to students in prekindergarten through higher education. (b) Award.--Prior to March 31 of each year (beginning with the second calendar year that begins after the date of the enactment of this Act), the National Classified School Employee Award program shall recommend to the Secretary a classified school employee to receive the National Classified School Employee Award for the year. (c) Selection Process.-- (1) Nomination process.-- (A) In general.--Not later than November 1 of each year (beginning with the first calendar year that begins after the date of the enactment of this Act), the Secretary shall solicit nominations of classified school employees in public schools from the occupational specialties described in section 3(1) from the chief State school officer of each State. (B) Nomination submissions.--In order for individuals in a State to be eligible to receive recognition under this section, the chief State school officer shall consider nominations submitted by the following: (i) Local educational agencies. (ii) School administrators. (iii) Professional associations. (iv) Labor organizations. (v) Educational service agencies. (vi) Any other group determined appropriate by the National Classified School Employee Award program. (2) Demonstration.--Each chief State school officer of a State who desires individuals in the State to receive recognition under this section shall submit the nominations described in paragraph (1) to the Secretary in such manner as may be required by the National Classified School Employee Award program. Each such nomination shall contain, at a minimum, demonstrations of excellence in the following areas: (A) Work performance. (B) School and community involvement. (C) Leadership and commitment. (D) Local support. (E) Enhancement of classified school employees' image in the community and schools. (F) Any other area of superior performance, such as health and safety promotion or efficient use of energy or other resources. (3) Selection.--The National Classified School Employee Award program shall develop uniform national guidelines for evaluating nominations submitted under paragraph (2) in order to select the most deserving nominees based on the demonstrations made in the areas described in such paragraph. | Recognizing Achievement in Classified School Employees Act Directs the Secretary of Education to award National Classified School Employee of the Year Awards to classified public school employees within certain occupational specialties who provide exemplary service to students in prekindergarten through higher education. Requires the Secretary to choose an awardee each year, out of nominations received from each state, from one of the following occupational specialties: (1) paraprofessional services, (2) clerical and administrative services, (3) transportation services, (4) food and nutrition services, (5) custodial and maintenance services, (6) security services, (7) health and student services, (8) technical services, and (9) skilled trades. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``65th Infantry Regiment Commemorative Coin Act''. (b) Findings.--The Congress hereby finds that the brave and gallant soldiers from the Commonwealth of Puerto Rico who comprised the 65th Infantry Regiment of the United States Army deserve a special commemoration and a commemorative coin for their contributions during the Korean conflict for the following reasons: (1) The Puerto Rican soldiers of the 65th Infantry Regiment unselfishly fought, bled, and died for the rights and privileges of all citizens of the United States and the Republic of Korea. (2) 129 soldiers of the United States Army's 65th Infantry Regiment were awarded the Silver Star and 8 received the Distinguished Service Cross for their heroism during the Korean conflict. (3) The 65th Infantry Regiment went to the rescue of the 1st Division of the United States Marine Corps in Hagaru-ri when that division was surrounded by forces of the Peoples Republic of China, provided a safe corridor through which the Marines escaped, and formed a protective rear guard during the retreat to Hungnam. (4) After bitter fighting, and with the forces of the Peoples Republic of China on their heels, the 65th Infantry Regiment was the last regiment to leave the beachhead in the Christmas eve evacuation of Hungnam on December 24, 1950. (5) On the night of February 13-14, 1951, while the 65th Infantry Regiment was encamped near the command post of the 3d Infantry Division of the United States Army during a rest and recreation leave away from the front lines, the command post of the 3d Infantry Division was attacked by over 1,000 North Korean soldiers who had infiltrated through the front lines without being detected and the 65th Infantry Regiment rallied, attacked, and subsequently destroyed the North Korean force, thereby saving the commanding officer and staff of the 3d Infantry Division from death or capture. (6) For their heroism in battle, the soldiers of the 65th Infantry Regiment were showered with many accolades but for them perhaps the most significant and meaningful came in the form of a letter from the commander of the United Nations forces in Korea, General of the Army Douglas MacArthur which read in part as follows: ``The Puerto Ricans forming the ranks of the gallant 65th Infantry Division on the battlefields of Korea by valor, determination and a resolute will to victory give daily testament to their invincible loyalty to the United States and the fervor of their devotion to those immutable standards of human relations to which the Americans and the Puerto Ricans are in common dedicated. They are writing a brilliant record of achievement in battle and I am proud indeed to have them in this command. I wish that we might have many more like them.''. SEC. 2. COIN SPECIFICATIONS. (a) $1 Silver Coins.--In commemoration of all the Puerto Ricans in the 65th Infantry Regiment of the United States Army who fought in the Korean conflict, the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall mint and issue not more than 60,000 1 dollar coins, which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 3. SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. SEC. 4. DESIGN OF COINS. (a) Design Requirements.-- (1) In general.--The design of the coins minted under this Act shall be emblematic of the courage and valor of the Puerto Ricans who served in the 65th Infantry Regiment during the Korean conflict. (2) Designation and inscriptions.--On each coin minted under this Act there shall be-- (A) a designation of the value of the coin; (B) an inscription of the year ``1999''; and (C) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (b) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary after consultation with the Secretary of Veterans Affairs, the Puerto Rican Veterans Association of Massachusetts, the Puerto Rican-American Research Institute, and the Commission of Fine Arts; and (2) reviewed by the Citizens Commemorative Coin Advisory Committee. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 1999. (d) Termination of Minting Authority.--No coins may be minted under this Act after December 31, 1999. SEC. 6. SALE OF COINS. (a) Sale Price.--The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of-- (1) the face value of the coins; (2) the surcharge provided in subsection (d) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Surcharges.--All sales shall include a surcharge of $10 per coin. SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS. (a) In General.--Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out the provisions of this Act. (b) Equal Employment Opportunity.--Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. SEC. 8. DISTRIBUTION OF SURCHARGES. (a) In General.--All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly deposited in the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission in accordance with subsection (b). (b) Use of Proceeds.-- (1) Costs relating to the korean war veterans memorial.-- Except as provided in paragraph (2), amounts deposited in the Korean War Veterans Memorial Fund pursuant to subsection (a) shall be available to the American Battle Monuments Commission for the uses described in section 8(b) of Public Law 101-495. (2) Ceremony for the 65th regiment.--The American Battle Monuments Commission shall use such amount of the surcharges from the sale of coins issued as the Commission determines to be necessary and appropriate, after consulting with the Puerto Rican Veterans Association of Massachusetts and the Puerto Rican-American Research Institute, to conduct a ceremony at the Korean War Veterans Memorial commemorating the Puerto Ricans comprising the 65th Infantry Regiment of the United States Army for their service and contributions during the Korean conflict. (c) Audits.--The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the American Battle Monuments Commission as may be related to the expenditures of amounts paid under subsection (a). SEC. 9. FINANCIAL ASSURANCES. (a) No Net Cost to the Government.--The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. (b) Payment for Coins.--A coin shall not be issued under this Act unless the Secretary has received-- (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. | 65th Infantry Regiment Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue $1 silver coins in commemoration of all Puerto Ricans in the 65th Infantry Regiment of the United States Army during the Korean conflict. Mandates prompt deposit of coin sales surcharges into the Korean War Veterans Memorial Fund for use by the American Battle Monuments Commission. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Soldier Prevention Act of 2007''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the September 7, 2005, report to the General Assembly of the United Nations by the Special Representative of the Secretary-General for Children and Armed Conflict, ``In the last decade, two million children have been killed in situations of armed conflict, while six million children have been permanently disabled or injured. Over 250,000 children continue to be exploited as child soldiers and tens of thousands of girls are being subjected to rape and other forms of sexual violence.''. (2) According to the Center for Emerging Threats and Opportunities (CETO), Marine Corps Warfighting Laboratory, ``The Child Soldier Phenomenon has become a post-Cold War epidemic that has proliferated to every continent with the exception of Antarctica and Australia.''. (3) Many of the children currently serving in armed forces or paramilitaries were forcibly conscripted through kidnapping or coercion, a form of human trafficking, while others joined military units due to economic necessity, to avenge the loss of a family member, or for their own personal safety. (4) Some military and militia commanders force child soldiers to commit gruesome acts of ritual killings or torture, including acts of violence against other children. (5) Many female child soldiers face the additional psychological and physical horrors of rape and sexual abuse, enslavement for sexual purposes by militia commanders, and severe social stigma should they return home. (6) Some military and militia commanders target children for recruitment because of their psychological immaturity and vulnerability to manipulation and indoctrination. Children are often separated from their families in order to foster dependence on military units and leaders. Consequently, many of these children suffer from deep trauma and are in need of psychological counseling and rehabilitation. (7) Child soldiers are exposed to hazardous conditions and are at risk of physical injury and disability, psychological trauma, sexually transmitted diseases, respiratory and skin infections, and often death. (8) On May 25, 2000, the United Nations adopted and opened for signature, ratification, and accession the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (in this Act referred to as the ``Optional Protocol''), which establishes 18 as the minimum age for conscription or forced recruitment and requires states party to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities. (9) On June 18, 2002, the Senate unanimously approved the resolution advising and consenting to the ratification of the Optional Protocol. (10) On December 23, 2002, the United States presented the ratified optional protocol to the United Nations. (11) More than 110 governments worldwide have ratified the optional protocol, establishing a clear international norm concerning the use of children in combat. (12) On December 2, 1999, the United States ratified International Labour Convention 182, the Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, which includes the use of child soldiers among the worst forms of child labor. (13) On October 7, 2005, the Senate gave its advice and consent to the ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime. (14) It is in the national security interest of the United States to reduce the chances that members of the United States Armed Forces will be forced to encounter children in combat situations. (15) Section 502B(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(a)(3)) provides that ``the President is directed to formulate and conduct international security assistance programs of the United States in a manner which will promote and advance human rights and avoid identification of the United States, through such programs, with governments which deny to their people internationally recognized human rights and fundamental freedoms, in violation of international law or in contravention of the policy of the United States as expressed in this section or otherwise''. SEC. 3. CHILD SOLDIER DEFINED. In this Act, consistent with the provisions of the Optional Protocol, the term ``child soldier''-- (1) means-- (A) any person under age 18 who takes a direct part in hostilities as a member of governmental armed forces; (B) any person under age 18 who has been compulsorily recruited into governmental armed forces; (C) any person under age 16 voluntarily recruited into governmental armed forces; and (D) any person under age 18 recruited or used in hostilities by armed forces distinct from the armed forces of a state; and (2) includes any person described in subparagraphs (B), (C), and (D) of paragraph (1) who is serving in any capacity, including in a support role such as a cook, porter, messenger, medic, guard, or sex slave. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress-- (1) to condemn the conscription, forced recruitment or use of children by governments, paramilitaries, or other organizations in hostilities; (2) that the United States Government should support and, where practicable, lead efforts to establish and uphold international standards designed to end this abuse of human rights; (3) that the United States Government should expand ongoing services to rehabilitate recovered child soldiers and to reintegrate them back into their communities by-- (A) offering ongoing psychological services to help victims recover from their trauma and relearn how to deal with others in nonviolent ways such that they are no longer a danger to their community; (B) facilitating reconciliation with their communities through negotiations with traditional leaders and elders to enable recovered abductees to resume normal lives in their communities; and (C) providing educational and vocational assistance; (4) that the United States should work with the international community, including, where appropriate, third country governments, nongovernmental organizations, faith-based organizations, United Nations agencies, local governments, labor unions, and private enterprise-- (A) on efforts to bring to justice rebel organizations that kidnap children for use as child soldiers, including the Lord's Resistance Army (LRA) in Uganda, Fuerzas Armadas Revolucionarias de Colombia (FARC), and Liberation Tigers of Tamil Eelam (LTTE), including, where feasible, by arresting the leaders of such groups; and (B) on efforts to recover those children who have been abducted and to assist them in their rehabilitation and reintegration into communities; (5) that the Secretary of State, the Secretary of Labor, and the Secretary of Defense should coordinate programs to achieve the goals specified in paragraph (3), and in countries where the use of child soldiers is an issue, whether or not it is supported or sanctioned by the governments of such countries, United States diplomatic missions should include in their mission program plans a strategy to achieve the goals specified in such paragraph; (6) that United States diplomatic missions in countries in which governments use or tolerate child soldiers should develop, as part of annual program planning, strategies to promote efforts to end this abuse of human rights; and (7) that, in allocating or recommending the allocation of funds or recommending candidates for programs and grants funded by the United States Government, United States diplomatic missions should give particular consideration to those programs and candidates deemed to promote the end to this abuse of human rights. SEC. 5. PROHIBITION. (a) In General.--Subject to subsections (b), (c), and (d), none of the funds appropriated or otherwise made available for international military education and training, foreign military financing, foreign military sales, direct commercial sales, or excess defense articles by the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006 (Public Law 109-102) or any other Act making appropriations for foreign operations, export financing, and related programs may be obligated or otherwise made available to the government of a country that is clearly identified by the Department of State in the Department of State's most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (b) Notification to Countries in Violation of the Standards of This Act.--The Secretary of State shall formally notify any government identified pursuant to subsection (a). (c) National Interest Waiver.-- (1) Waiver.--The President may waive the application to a country of the prohibition in subsection (a) if the President determines that such waiver is in the interest of the United States. (2) Publication and notification.--The President shall publish each waiver granted under paragraph (1) in the Federal Register and shall notify the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives of each such waiver, including the justification for the waiver, in accordance with the regular notification procedures of such Committees. (d) Reinstatement of Assistance.--The President may provide to a country assistance otherwise prohibited under subsection (a) upon certifying to Congress that the government of such country-- (1) has implemented effective measures to come into compliance with the standards of this Act; and (2) has implemented effective policies and mechanisms to prohibit and prevent future use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers. (e) Exception for Programs Directly Related to Addressing the Problem of Child Soldiers or Professionalization of the Military.-- (1) In general.--The President may provide to a country assistance for international military education and training otherwise prohibited under subsection (a) upon certifying to Congress that-- (A) the government of such country is implementing effective measures to demobilize child soldiers in its forces or in government supported paramilitaries and to provide demobilization, rehabilitation, and reintegration assistance to those former child soldiers; and (B) the assistance provided by the United States Government to the government of such country will go to programs that will directly support professionalization of the military. (2) Limitation.--The exception under paragraph (1) may not remain in effect for more than 2 years following the date of notification specified in subsection (b). SEC. 6. REPORTS. (a) Preparation of Reports Regarding Child Soldiers.--United States missions abroad shall thoroughly investigate reports of the use of child soldiers. (b) Information for Annual Human Rights Reports.--In preparing those portions of the Human Rights Reports that relate to child soldiers, the Secretary of State shall ensure that such reports shall include a description of the use of child soldiers in each foreign country, including-- (1) trends toward improvement in such country of the status of child soldiers or the continued or increased tolerance of such practices; and (2) the role of the government of such country in engaging in or tolerating the use of child soldiers. (c) Inclusion of Information on Violations.--When the Secretary of State determines that a government has violated the standards of this Act, the Secretary shall clearly indicate that fact in the relevant Annual Human Rights Report. (d) Letter to Congress.--Not later than June 15 of each year for 10 years following the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives-- (1) a list of the countries receiving notification that they are in violation of the standards of this Act; (2) a list of any waivers or exceptions exercised under this Act; (3) justification for those waivers and exceptions; and (4) a description of any assistance provided pursuant to this Act. SEC. 7. REPORT ON IMPLEMENTATION OF ACT. Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations and the Committee on Appropriations of the Senate and the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives a report setting forth a strategy for achieving the policy objectives of this Act, including a description of an effective mechanism for coordination of United States Government efforts to implement this strategy. SEC. 8. TRAINING FOR FOREIGN SERVICE OFFICERS. Section 708 of the Foreign Service Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the following new subsection: ``(c) The Secretary of State, with the assistance of other relevant officials, shall establish as part of the standard training provided after January 1, 2008, for officers of the Service, including chiefs of mission, instruction on matters related to child soldiers and the substance of the Child Soldier Prevention Act of 2007.''. SEC. 9. EFFECTIVE DATE; APPLICABILITY. This Act shall take effect 180 days after the date of the enactment of this Act and shall apply to funds obligated after such effective date. | Child Soldier Prevention Act of 2007 - Defines "child soldier." Prohibits, with a national interest waiver, funds appropriated or otherwise made available for specified military and related areas from being obligated or otherwise made available to the government of a country identified by the Department of State as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. Directs the Secretary of State to notify any government so identified. Authorizes the President to reinstate assistance upon certifying to Congress that a government is implementing: (1) compliance measures; and (2) mechanisms to prohibit future use of child soldiers and to ensure that no children are recruited, conscripted, or otherwise compelled to serve as child soldiers. Authorizes the President to provide assistance to a country for international military education and training otherwise prohibited under this Act upon certifying to Congress that such assistance is for programs that implement measures to demobilize child soldiers and for programs to support professionalization of the military. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``End Discriminatory State Taxes for Automobile Renters Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to prohibit prospectively, and provide a remedy for tax discrimination by a State or Locality against the rental of motor vehicles. SEC. 3. DEFINITIONS. (a) Assessment and Assessment Jurisdiction.--The term ``assessment'' means valuation for a property tax levied by a taxing district. The term ``assessment jurisdiction'' means a geographical area in a State or Locality used in determining the assessed value of property for ad valorem taxation. (b) Commercial and Industrial Property.--The term ``commercial and industrial property'' means property, other than motor vehicle rental property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use, and subject to a property tax levy. (c) Discriminatory Tax.--The term ``discriminatory tax'' includes the following: (1) A tax discriminates against the rental of motor vehicles if a State or Locality imposes the tax on, or with respect to-- (A) the rental of motor vehicles but not on, or with respect to, the rental of more than 51 percent of the rentals of other tangible personal property rented within the State or Locality, or (B) the rental of motor vehicles at a tax rate that exceeds the tax rate generally applicable to at least 51 percent of the rentals of other tangible personal property within the same State or Locality. (2) A tax discriminates against the business of renting motor vehicles if a State or Locality imposes the tax on, or with respect to-- (A) the business of renting motor vehicles but not on, or with respect to, the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Locality, on the same tax base as the State or Locality employs with respect to the business of renting motor vehicles, or (B) the business of renting motor vehicles, at a tax rate that exceeds the tax rate generally applicable to the business of more than 51 percent of the other commercial and industrial taxpayers within the State or Local jurisdiction. (3) A tax discriminates against motor vehicle rental property if a State or Locality-- (A) assesses motor vehicle rental property at a value that has a higher ratio to the true market value of the property than the ratio that the assessed value of other commercial and industrial property of the same type in the same assessment jurisdiction has to the true market value of the other commercial and industrial property, (B) levies or collects a tax on an assessment that may not be made under subparagraph (A), or (C) levies or collects an ad valorem property tax on motor vehicle rental property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (d) Local or Locality.--The terms ``Local'' and ``Locality'' mean a political subdivision of any State, or any governmental entity or person acting on behalf of such Locality, and with the authority to impose, levy or collect taxes. (e) Motor Vehicle.--The term ``motor vehicle'' has the same meaning as in section 13102(16) of title 49 of the United States Code. (f) Other Commercial and Industrial Taxpayers.--The term ``other commercial and industrial taxpayers'' means persons or entities who are engaged in trade or business within a State or Locality and who are subject to some form of taxation by a State or Locality. (g) Rental of Motor Vehicles.--The term ``rental of motor vehicles'' means the rental of a motor vehicle that is given by the owner of the motor vehicle for exclusive use to another for not longer than 180 days for valuable consideration and only includes the rental of motor vehicles with a pre-arranged driver or motor vehicles without a driver, but shall not include taxi cab service as defined by section 13102(20) of title 49 of the United States Code. (h) State.--The term ``State'' means any of the several States, the District of Columbia or any territory or possession of the United States, or any governmental entity or person acting on behalf of such State, and with the authority to impose, levy or collect taxes. (i) Tax.--Except as otherwise specifically provided below, the term ``tax'' means any type of charge required by statute, regulation or agreement to be paid or furnished to a State or Locality, regardless of whether such charge is denominated as a tax, a fee, or any other type of exaction. The term ``tax'' does not include any charge imposed by a State or Locality with respect to a concession agreement at a federally-assisted airport (provided the agreement does not violate the revenue diversion provisions of section 40116(d) of title 49 of the United States Code, or the registration, licensing, or inspection of motor vehicles, if the charge is imposed generally with respect to motor vehicles, without regard to whether such vehicles are used in the business of renting motor vehicles within the State or Locality. (j) Tax Base.--The term ``tax base'' means the receipts, income, value, weight, or other measure of a tax to which the rate is applied. The ``tax base'' of a tax imposed on a per unit basis is the unit. (k) Tax Rate Generally Applicable to Other Commercial and Industrial Taxpayers.--The term ``tax rate generally applicable to other commercial and industrial taxpayers'' means the lower of-- (1) the tax rate imposed on the greatest number of other commercial and industrial taxpayers or their customers, or (2) the unweighted average rate at which the tax is imposed. SEC. 4. PROHIBITED ACTS. No State or Locality may levy or collect a discriminatory tax on the rental of motor vehicles, the business of renting motor vehicles, or motor vehicle rental property. SEC. 5. REMEDIES. (a) Jurisdiction.--Notwithstanding any provision of section 1341 of title 28, United States Code, or the constitution or laws of any State, the district courts of the United States shall have jurisdiction, without regard to amount in controversy or citizenship of the parties, to grant such mandatory or prohibitive injunctive relief, interim equitable relief, and declaratory judgments as may be necessary to prevent, restrain or terminate any acts in violation of this Act, except that such jurisdiction shall not be exclusive of the jurisdiction which any Federal or State court may have in the absence of this section. (b) Burden of Proof.--The burden of proof in any proceeding brought under this Act shall be upon the party seeking relief and shall be by a preponderance of the evidence on all issues of fact. (c) Relief.--In granting relief against a tax which is imposed in violation of Section 4, the court shall strike the tax in its entirety, unless the court finds the tax-- (1) is the equivalent of a specific tax imposed on at least 51 percent of other commercial and industrial taxpayers, and (2) is not discriminatory in effect. If such tax is discriminatory in effect with respect to tax rate or amount only, the court shall strike only the discriminatory or excessive portion of the tax as determined by the court. Notwithstanding subsection (b) of this section, the burden of proof on the issue of whether a tax is the equivalent of a tax imposed on other commercial and industrial taxpayers shall be on the State or Locality that imposes the tax. (d) Cause of Action.-- (1) An action to enforce the provisions of this Act may be brought only by a person who-- (A) rents motor vehicles to another person, (B) is engaged in the business of renting motor vehicles, (C) owns motor vehicle rental property, or (D) rents a motor vehicle from another person. (2) A person who rents a motor vehicle from another person and is seeking relief under this Act may only bring a cause of action against the State or Locality imposing the discriminatory tax as defined by this Act. SEC. 6. LIMITATIONS. This Act shall not be construed to constitute the consent of Congress to State or Local taxation that would be prohibited in the absence of this Act. SEC. 7. EFFECTIVE DATE. (a) Effective Date.--The provisions of this Act shall become effective on May 23, 2007. (b) Exclusion.--Discriminatory taxes as defined by this Act are not prohibited under this Act if-- (1) State or Local legislative authorization for a discriminatory tax that is in effect as of May 23, 2007, does not lapse, the tax rate does not increase and the tax base for such tax does not change; or (2) a State enacts legislation by May 23, 2007; (A) that specifically authorizes a Locality to impose a discriminatory tax; (B) the Locality imposes the authorized tax within five years from the date the State enacted the authorization for the Local tax; and (C) the tax rate imposed by the Locality is not increased and the tax base for such tax does not change. | End Discriminatory State Taxes for Automobile Renters Act of 2007 - Prohibits states or local governments from levying or collecting a discriminatory tax (as defined by this Act) on the rental of motor vehicles, motor vehicle rental businesses, or motor vehicle rental property. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Account Number Anti- Fraud Act''. SEC. 2. STATEMENT OF PURPOSE. The purpose of this Act is to reduce the use of fraudulent social security documents for employment purposes. SEC. 3. SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. Section 205 of the Social Security Act (42 U.S.C. 405) is amended by adding at the end the following new subsection: ``Verification of Employee Social Security Account Numbers ``(u)(1)(A) Not later than 10 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act, the Secretary, in consultation with the Commissioner of Immigration and Naturalization and the Secretary of Labor, shall establish a program under which-- ``(i) each American employer, either by telephone through use of a toll-free telephone number or by other electronic device-- ``(I) shall transmit the social security account number and name of each new employee of the employer, and any other information concerning the employee that the Secretary requires by regulation, to the Secretary within 30 days after the commencement of employment of the employee; and ``(II) may transmit the social security account number and name of any employee of the employer to whom subclause (I) does not apply, and any other information concerning the employee that the Secretary requires by regulation, to the Secretary; and ``(ii) notwithstanding any provision of section 552a of title 5, United States Code, the Secretary shall, upon receiving the information transmitted under clause (i), instantaneously notify the employer that there is or is not a discrepancy concerning the information, by sending a communication to the same electronic device through which the information was transmitted to the Secretary. ``(B)(i) The Secretary shall give each employer a verification number for each employee social security account number that the employer transmits under the program established under this paragraph. ``(ii) The Secretary shall maintain, for at least the amount of time during which prosecution for crimes relating to fraudulent use of a social security account number would be allowable under applicable statutes of limitations, records of all contacts that occur under subparagraph (A) or (D) between the Secretary and an employer. ``(C) The Secretary shall establish guidelines to describe the characteristics that constitute a discrepancy concerning a social security account number transmitted to the Secretary under the program established under this paragraph. Under the guidelines, a discrepancy concerning a social security account number shall be indicated if any of the following factors is present regarding the number: ``(i) An invalid social security account number. ``(ii) A social security account number submitted for verification under the program with a name that does not belong to the correct holder of the social security account number. ``(iii) Unusually frequent use of a social security account number. ``(iv) Use of a social security account number in geographically distant locations within a relatively short period of time. ``(v) Any other factor that the Secretary determines to be appropriate. ``(D) If a discrepancy concerning the social security account number of an employee is indicated under the program established under this paragraph-- ``(i) the Secretary shall notify the Commissioner of Immigration and Naturalization, within 24 hours after the discrepancy is indicated, of-- ``(I) the fact that a discrepancy has been indicated regarding the employee; and ``(II) the nature of the discrepancy; ``(ii) the Secretary may not, pursuant to this subsection, notify the employer of the nature of the discrepancy; ``(iii) an employer notified of the discrepancy under subparagraph (A)(ii) shall notify the employee that a discrepancy has been indicated within 14 days after the employer receives the notification; ``(iv) the employee shall contact an office of the Social Security Administration within 14 days after being notified of the discrepancy under clause (iii); ``(v) the Secretary shall notify the employee of the nature of the discrepancy, upon a written request by the employee or a request made by the employee in person at an office of the Social Security Administration; ``(vi) the Secretary shall notify the employee, the current employer of the employee, and the Commissioner of Immigration and Naturalization, in writing, of the resolution or confirmation of the discrepancy, within 30 days after the employee contacts the Social Security Administration under clause (iv); ``(vii) the current employer of the employee shall reverify the social security account number through the program established under this paragraph within 10 days after the Secretary notifies the employer, under clause (vi), that the discrepancy has been resolved; and ``(viii) unless the Secretary notifies the employer, under clause (vi), that the discrepancy has been confirmed, the employer may not take any action to penalize the employee based on the discrepancy. ``(E)(i) The Secretary may not charge a fee to any employer or employee in connection with the utilization of the program established under this paragraph. ``(ii) No employer may charge a fee to-- ``(I) an employee of the employer in connection with the utilization of the program; or ``(II) a job applicant in connection with, or anticipation of, utilization of the program. ``(2) The Secretary may by regulation exempt any employer from the obligation to use the program established under paragraph (1) regarding any employee whose employment with the employer includes only the performance of services described in subparagraph (B) or (C) of section 209(a)(6) for remuneration described in such subparagraph. ``(3)(A) Failure by an employer to comply with paragraph (1) of this subsection shall be considered to be a violation of section 274A(a)(1)(A) of the Immigration and Naturalization Act (8 U.S.C. 1324a(a)(1)(A)), for purposes of section 274A(e) of such Act, as modified by subparagraph (B). ``(B) For purposes of subparagraph (A), section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a(e)) shall be applied by substituting the term `employee' for the term `unauthorized alien' in clause (i) of section 274A(e)(4)(A) of such Act, and for the term `alien' in clauses (ii) and (iii) of such section. ``(4)(A) Any person or business who knowingly and willfully requests or obtains any record, or information, from or under the program established under paragraph (1) under false pretenses shall be guilty of an infraction and shall be subject to a fine as provided in title 18, United States Code. ``(B) The penalties described in section 552a(i) of title 5, United States Code, shall not apply to an activity that is subject to a penalty under subparagraph (A). ``(5) For purposes of this subsection: ``(A) The term `American employer' has the meaning given the term in section 210(e), as such section may from time to time be amended, except that the terms `State' and `United States' within such section shall have the meaning given the term `United States' in subparagraph (D) of this paragraph. ``(B) The term `employee' has the meaning given the term in section 210(j), as such section may from time to time be amended, and does not include a job applicant. ``(C) The term `new employee' means an employee who commences an employment more than 10 years after the date of the enactment of the Social Security Account Number Anti-Fraud Act. ``(D) The term `United States' has the meaning given the term in section 101(38) of the Immigration and Nationality Act, as such section may from time to time be amended.''. SEC. 4. IMPLEMENTATION OF SOCIAL SECURITY ACCOUNT NUMBER ANTI-FRAUD PROGRAM. (a) Establishment of Program.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall implement the Social Security Account Number Anti-Fraud Program on a partial and interim basis, as provided in this section. (b) Initial Period.--The Secretary shall make the Social Security Account Number Anti-Fraud Program available for the 18-month period beginning 180 days after the date of the enactment of this Act to each employer that participates in Phase II of the Telephone Verification System administered by the Immigration and Naturalization Service. If fewer than 200 of the employers agree to participate in the program, the Secretary may make the program available to additional employers in the States of California, Florida, Illinois, New York, and Texas until the program is available to 200 employers. (c) Report on Initial Implementation.--Not later than 15 months after the beginning of the 18-month period described in subsection (b), the Secretary shall submit to the Congress a report that contains-- (1) an evaluation of the effectiveness of the Social Security Account Number Anti-Fraud Program as the program is implemented under subsections (a) and (b) of this section; and (2) a description of any cooperation between the Social Security Administration and the Immigration and Naturalization Service regarding the program. (d) 5-Year Expansion.-- (1) Requirement regarding new employees.-- (A) In general.--Not later than 5 years after the expiration of the 18-month period described in subsection (b), each employer in the States of California, Florida, Illinois, New York, and Texas shall use the Social Security Account Number Anti-Fraud Program to verify, within 30 days after the commencement of the employment of the employee, the social security account number of each new employee of the employer. (B) Exception.--Paragraph (1) shall not be construed to require an employer to verify the social security account number of an employee if, under regulations issued under section 205(u)(2) of the Social Security Act (as added by this Act), the employer is not required to verify the social security account number of the employee. (2) Availability regarding other employees.--Not later than 5 years after the expiration of the 18-month period described in subsection (b), the Secretary shall make the Social Security Account Number Anti-Fraud Program available to each employer in the States of California, Florida, Illinois, New York, and Texas. (e) Definitions.--For purposes of this section: (1) The term ``employee'' has the meaning given the term in section 210(j) of the Social Security Act (42 U.S.C. 410(j)), as such section may from time to time be amended, and does not include a job applicant. (2) The term ``new employee'' means an employee who commences an employment more than 5 years after the expiration of the 18-month period described in subsection (b). (3) The term ``Social Security Account Number Anti-Fraud Program'' means the program established under subsection (u) of section 205 of the Social Security Act (as added by this Act), but does not include paragraph (1)(A)(i)(I) or (3) of such subsection. | Social Security Account Number Anti-Fraud Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) establish, according to prescribed guidelines, an electronic program for American employers to verify the social security account and other relevant employment information to reduce the use of fraudulent social security documents for employment purposes; (2) implement the Social Security Account Number Anti-Fraud Program according to a prescribed schedule; and (3) report to the Congress on the Program's initial implementation. |
SECTION 1. FINDINGS. Congress makes the following findings: (1) Within hours after the attacks on Pearl Harbor, Hawaii, the Imperial Japanese forces launched an attack on the Philippines, cutting off vital lines of communication to United States and Filipino troops assigned to the United States Army Forces in the Far East under the command of General Douglas MacArthur. (2) On December 8th, 1941, the 200th Coast Artillery Regiment, successors to the New Mexico National Guardsmen who made up part of the famed ``Rough Riders'' of the Spanish- American War, were the ``first to fire''. (3) Despite being cut off from supply lines and reinforcements, the United States and Philippine Forces quickly executed a plan to delay the Japanese invasion and defend the Philippines against the Japanese invasion. (4) By April 1942, troops from the United States and the Philippines had bravely and staunchly fought off enemy attacks in Bataan for more than 4 months under strenuous conditions that resulted in widespread starvation and disease. (5) By maintaining their position and engaging the enemy for as long as they did, the troops at Bataan were able to redefine the momentum of the war, delaying the Japanese timetable to take control of the southeast Pacific for needed war materials. Because of the Bataan defenders' heroic actions, United States and Allied forces throughout the Pacific had time to regroup and prepare for the successful liberation of the Pacific and the Philippines. (6) On April 9, 1942, Major General Edward King, his troops suffering from starvation and a lack of supplies, surrendered the soldiers from the United States and the Philippines into enemy hands. (7) Over the next week, troops from the United States and the Philippines were taken prisoner and forced to march 65 miles without any food, water, or medical care in what came to be known as the ``Bataan Death March''. (8) During this forced march, thousands of soldiers died, either from starvation, lack of medical care, sheer exhaustion, or abuse by their captors. (9) Conditions at the prisoner of war camps were appalling, leading to increased disease and malnutrition among the prisoners. (10) The prisoners at Camp O'Donnell would die at a rate of nearly 400 per day because of its poor conditions. (11) On June 6, 1942, the prisoners from the United States were transferred to Camp Cabanatuan, north of Camp O'Donnell. (12) Nearly 26,000 of the 50,000 Filipino Prisoners of War died at Camp O'Donnell, and survivors were gradually paroled from September through December 1942. (13) Between September of 1942 and December of 1944, American prisoners of war who survived the horrific death march were shipped north for forced labor aboard ``hell ships'' and succumbed in great numbers because of the abysmal conditions. Many of the ships were mistakenly targeted by allied Naval forces because the Japanese military convoys were not properly labeled as carrying prisoners of war. The sinking of the Arisan Maru alone, claimed nearly 1,800 American lives. (14) The prisoners who remained in the camps suffered from continued mistreatment, malnutrition, lack of medical care, and horrific conditions until they were liberated in 1945. (15) The veterans of Bataan represented the best of America and the Philippines. They hailed from diverse locales across both countries and represented a true diversity of Americans. (16) Over the subsequent decades, these prisoners formed support groups, were honored in local and State memorials, and told their story to all people of the United States. (17) The United States Navy has continued to honor their history and stories by naming 2 ships after the battle including 1 ship still in service, USS Bataan (LHD-5), in memory of their valor and honorable resistance against Imperial Japanese forces. (18) Many of the survivors of Bataan have now passed away, and those who remain continue to tell their story. (19) The people of the United States and the Philippines are forever indebted to these men for-- (A) the courage and tenacity they demonstrated during the first 4 months of World War II fighting against enemy soldiers; and (B) the perseverance they demonstrated during 3 years of capture, imprisonment, and atrocious conditions, while maintaining dignity, honor, patriotism, and loyalty. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Award Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of a single gold medal of appropriate design in honor of the troops from the United States and the Philippines who defended Bataan and were subsequently prisoners of war, collectively, in recognition of their personal sacrifice and service to their country during World War II. (b) Design and Striking.--For purposes of the award under subsection (a), the Secretary of the Treasury (hereafter in this Act referred to as the ``Secretary'') shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the defenders and prisoners of war at Bataan under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be displayed as appropriate and made available for research. (2) Sense of the congress.--It is the sense of the Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display at other locations, particularly such locations as are associated with the prisoners of war at Bataan. SEC. 3. DUPLICATE MEDALS. (a) Striking of Duplicates.--Under such regulations as the Secretary may prescribe, the Secretary may strike duplicates in bronze of the gold medal struck under section 2. (b) Selling of Duplicates.--The Secretary may sell such duplicates under subsection (a) at a price sufficient to cover the costs of such duplicates, including labor, materials, dies, use of machinery, and overhead expenses. SEC. 4. NATIONAL MEDALS. Medals struck pursuant to this Act are National medals for purposes of chapter 51 of title 31, United States Code. SEC. 5. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medal authorized under section 2. (b) Proceeds of Sale.--Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. | Authorizes the award of a single Congressional Gold Medal to collectively honor the troops from the United States and the Philippines who defended Bataan, Philippines, and were subsequently prisoners of war, in recognition of their personal sacrifice and service to their country during World War II. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with the prisoners of war at Bataan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bosnia Force Realignment Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) United States ground combat forces in the Republic of Bosnia and Herzegovina have accomplished the military mission assigned to them as a component of the Implementation Force and the Stabilization Force. (2) The continuing and open-ended commitment of United States ground combat forces in the Republic of Bosnia and Herzegovina is subject to the oversight authority of the Congress. (3) The Congress may limit the use of appropriated funds to create the conditions for an orderly and honorable withdrawal of United States ground combat forces from the Republic of Bosnia and Herzegovina. (4) On November 27, 1995, the President affirmed that United States participation in the multinational military Implementation Force in the Republic of Bosnia and Herzegovina would terminate in approximately 1 year from that date. (5) The President declared the expiration date of the mandate for the Implementation Force to be December 20, 1996. (6) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff expressed confidence that the Implementation Force would complete its mission in approximately one year. (7) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff expressed the critical importance of establishing a firm deadline, in the absence of which there is a potential for expansion of the mission of United States ground combat forces. (8) On October 3, 1996, the Chairman of the Joint Chiefs of Staff announced the intention of the United States Administration to delay the removal of United States ground combat forces from the Republic of Bosnia and Herzegovina until March 1997. (9) In November 1996 the President announced his intention to further extend the deployment of United States ground combat forces in the Republic of Bosnia and Herzegovina until June 1998. (10) The President did not request authorization by the Congress of a policy that would result in the further deployment of United States ground combat forces in the Republic of Bosnia and Herzegovina until June 1998. (11) Notwithstanding the passage of two previously established deadlines, the reaffirmation of those deadlines by senior national security officials, and the endorsement by those same national security officials of the importance of having a deadline as a hedge against an expanded mission, the President announced on December 17, 1997, that establishing a deadline had been a mistake and that United States ground combat forces were committed to the North Atlantic Treaty Organization (NATO)-led mission in the Republic of Bosnia and Herzegovina for the indefinite future. (12) NATO military forces have increased their participation in law enforcement, particularly police activities, in the Republic of Bosnia and Herzegovina. (13) United States military commanders of the NATO-led mission in the Republic of Bosnia and Herzegovina have stated on several occasions that, in accordance with the Dayton Peace Agreement, the principal responsibility for such law enforcement and police activities lies with the Bosnian parties themselves. SEC. 3. WITHDRAWAL OF UNITED STATES GROUND COMBAT FORCES FROM THE REPUBLIC OF BOSNIA AND HERZEGOVINA. (a) Limitation.--No funds appropriated or otherwise made available for the Department of Defense for fiscal year 1999 or any subsequent fiscal year may be used for the deployment of any United States ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. (b) Exceptions.--The limitation in subsection (a) shall not apply-- (1) to the extent necessary to support a limited number of United States military personnel sufficient only to protect United States diplomatic facilities in existence on the date of the enactment of this Act; or (2) to the extent necessary to support non-combat military personnel sufficient only to advise the commanders of the NATO peacekeeping operations in the Republic of Bosnia and Herzegovina. (c) Limitation on Support for Law Enforcement Activities.--No funds appropriated or otherwise made available for the Department of Defense for fiscal year 1999 or any subsequent fiscal year may be used for any of the following activities after June 30, 1999: (1) Conduct of, or direct support for, law enforcement and police activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life. (2) Conduct of, or support for, any activity in the Republic of Bosnia and Herzegovina that may have the effect of jeopardizing the primary mission of the NATO-led force in preventing armed conflict between the Federation of Bosnia and Herzegovina and the Republika Srpska (``Bosnian Entities''). (3) The transfer of refugees within the Republic of Bosnia and Herzegovina that, in the opinion of the commander of NATO Forces involved in such transfer-- (A) has as one of its purposes the acquisition of control by a Bosnian Entity of territory allocated to the other Bosnian Entity under the Dayton Peace Agreement; or (B) may expose United States Armed Forces to substantial risk to their personal safety. (4) The implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina unless expressly agreed to by all signatories to the Dayton Peace Agreement. (d) Rule of Construction.--Nothing in this section shall be construed to restrict the authority of the President under the Constitution to protect the lives of United States citizens. SEC. 4. PRESIDENTIAL REPORT. (a) In General.--Not later than December 1, 1998, the President shall prepare and transmit to the Congress a report on the progress of the withdrawal of United States ground combat forces from the Republic of Bosnia and Herzegovina. (b) Contents of Report.--The report under subsection (a) shall include an identification of the specific steps taken by the United States Government to transfer the United States portion of the peacekeeping mission in the Republic of Bosnia and Herzegovina to European allied nations or organizations. SEC. 5. DEFINITIONS. In this Act: (1) Dayton peace agreement.--The term ``Dayton Peace Agreement'' means the General Framework Agreement for Peace in Bosnia and Herzegovina, initialed by the parties in Dayton, Ohio, on November 21, 1995, and signed in Paris on December 14, 1995. (2) Implementation force.--The term ``Implementation Force'' means the NATO-led multinational military force in the Republic of Bosnia and Herzegovina (commonly referred to as ``IFOR''), authorized under the Dayton Peace Agreement. (3) NATO.--The term ``NATO'' means the North Atlantic Treaty Organization. (4) Stabilization force.--The term ``Stabilization Force'' means the United Nations-led follow-on force to the Implementation Force in the Republic of Bosnia and Herzegovina and other countries in the region (commonly referred to as ``SFOR''), authorized under United Nations Security Council Resolution 1088 (December 12, 1996). | Bosnia Force Realignment Act - Prohibits the use of any funds appropriated or otherwise available to the Department of Defense (DOD) for FY 1999 or any subsequent fiscal year for the deployment of any U.S. ground combat forces in the Republic of Bosnia and Herzegovina after June 30, 1999. Provides exceptions to such prohibition to the extent necessary to support: (1) a limited number of U.S. military personnel sufficient only to protect U.S. diplomatic facilities; or (2) non-combat military personnel sufficient only to advise the commanders of the North American Treaty Organization (NATO) peacekeeping operations there. Prohibits DOD funds from being used after June 30, 1999, for: (1) the conduct of, or support for, any law enforcement activities in the Republic of Bosnia and Herzegovina, except for the training of law enforcement personnel or to prevent imminent loss of life; (2) any activity that may jeopardize the primary mission of the NATO-led force in preventing armed conflict there; (3) the transfer of refugees within the Republic of Bosnia and Herzegovina that has a purpose of acquiring control by one Bosnian Entity of territory allocated to another or that may expose U.S. armed forces to substantial risk; or (4) implementation of any decision to change the legal status of any territory within the Republic of Bosnia and Herzegovina, unless expressly agreed to by all signatories to the Dayton Peace Agreement. Requires the President to report to the Congress on the progress of the withdrawal of U.S. ground combat forces from the Republic of Bosnia and Herzegovina. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Geothermal Production Expansion Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is in the best interest of the United States to develop clean renewable geothermal energy. (2) Development of such energy should be promoted on appropriate Federal lands. (3) Under the Energy Policy Act of 2005, the Bureau of Land Management is authorized to issue three different types of non- competitive leases for production of geothermal energy on Federal lands, including non-competitive geothermal leases to mining claim holders that have a valid operating plan, direct use leases, and leases on parcels that do not sell at a competitive auction. (4) Federal geothermal energy leasing activity should be directed towards those seeking to develop the land as opposed to those seeking to speculate on geothermal resources and thereby artificially raising the cost of legitimate geothermal energy development. (5) Developers of geothermal energy on Federal lands that have invested substantial capital and made high risk investments should be allowed to secure a discovery of geothermal energy resources. (6) Successful geothermal development on Federal lands will provide increased revenue to the Federal Government, with the payment of production royalties over decades. SEC. 3. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT OF GEOTHERMAL RESOURCES. The Geothermal Steam Act of 1970 is amended-- (1) in section 2 (30 U.S.C. 1001)-- (A) by striking the period at the end of each of paragraphs (e) and (f) and inserting a semicolon; (B) by striking ``, and'' at the end of paragraph (g) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: ``(h) `industry standards' means the standards by which a qualified geothermal professional assesses whether downhole or flowing temperature measurements with indications of permeability are sufficient to produce geothermal steam or geothermal resources as determined through flow or injection testing or measurement of lost circulation while drilling; ``(i) `qualified geothermal professional' means an individual who is an engineer or geoscientist in good professional standing with at least five years of experience in geothermal exploration, development, project assessment, or any combination of the forgoing; ``(j) the term `qualified lessee' means a person that may hold a geothermal lease under part 3202.10 of title 43, Code of Federal Regulations, as in effect on the date of enactment of the Geothermal Production Expansion Act; and ``(k) `valid discovery' means a discovery of a geothermal resource by a new or existing slim hole or production well, that exhibits downhole or flowing temperature measurements with indications of permeability sufficient to meet industry standards.''; and (2) in section 4(b) (30 U.S.C. 1003(b)), by adding at the end the following: ``(4) Adjoining lands.-- ``(A) In general.--Areas that adjoin Federal lands for which a qualified lessee holds a legal right to develop geothermal resources may be available for noncompetitive lease under this section to the qualified lessee at the fair market value per acre, if-- ``(i) the adjoining areas-- ``(I) consist of an area of not more than a total of 640 acres; ``(II) each consist of not less than one acre; ``(III) are not already leased under this Act or nominated to be leased under subsection (a); ``(ii) the qualified lessee has not previously received a noncompetitive lease under this paragraph in connection with the valid discovery for which data has been submitted under subclause (I) of clause (iii); and ``(iii) sufficient geological and other technical data prepared by a qualified geothermal professional has been submitted by the qualified lessee to the relevant Federal land management agency that would engender a belief in individuals who are experienced in the subject matter that-- ``(I) there is a valid discovery of geothermal steam or geothermal resources on the lands for which the qualified lesseeholds the legal right to develop geothermal resources; and ``(II) such thermal feature extends into the adjoining areas. ``(B) Fair market value per acre defined.--As used in this paragraph, the term `fair market value per acre' means a dollar amount per acre that-- ``(i) except as provided in this subparagraph, shall be equal to the market value per acre, as determined by the Secretary; ``(ii) shall be determined by the Secretary with respect to a lease under this paragraph, by not later than the end of the 90-day period beginning on the date the Secretary receives an application for the lease; ``(iii) if the Secretary does not determine the fair market value per acre for a lease before the end of the period referred to in clause (ii), shall be $100 per acre (adjusted by the Secretary for inflation annually beginning with fiscal year 2011) until the Secretary establishes such fair market value; and ``(iv) for any lease for which an application is received before the end of the 15-year period beginning on the date of the enactment of this clause, shall not exceed $200 per acre (adjusted by the Secretary for inflation annually beginning with fiscal year 2011).''. | Geothermal Production Expansion Act - Amends competitive lease provisions of the Geothermal Steam Act of 1970 to set forth conditions under which areas that adjoin federal lands for which a qualified lessee holds a legal right to develop geothermal resources may be made available to the lessee for noncompetitive lease at the fair market value per acre. Includes as such conditions that sufficient data has been submitted by a qualified geothermal professional to the relevant federal land management agency to engender a belief that: (1) there is a valid discovery of geothermal or geothermal steam resources on the lands for which the lessee holds the right to develop the resources; and (2) the thermal feature extends into the adjoining areas. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stop AIDS in Prison Act of 2007''. SEC. 2. COMPREHENSIVE HIV/AIDS POLICY. (a) In General.--The Bureau of Prisons (hereinafter in this Act referred to as the ``Bureau'') shall develop a comprehensive policy to provide HIV testing, treatment, and prevention for inmates within the correctional setting and upon reentry. (b) Purpose.--The purposes of this policy shall be as follows: (1) To stop the spread of HIV/AIDS among inmates. (2) To protect prison guards and other personnel from HIV/ AIDS infection. (3) To provide comprehensive medical treatment to inmates who are living with HIV/AIDS. (4) To promote HIV/AIDS awareness and prevention among inmates. (5) To encourage inmates to take personal responsibility for their health. (6) To reduce the risk that inmates will transmit HIV/AIDS to other persons in the community following their release from prison. (c) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, and the Centers for Disease Control regarding the development of this policy. (d) Time Limit.--The Bureau shall draft appropriate regulations to implement this policy not later than 1 year after the date of the enactment of this Act. SEC. 3. REQUIREMENTS FOR POLICY. The policy created under section 2 shall do the following: (1) Testing and counseling upon intake.-- (A) Medical personnel shall provide routine HIV testing to all inmates as a part of a comprehensive medical examination immediately following admission to a facility. (Medical personnel need not provide routine HIV testing to an inmate who is transferred to a facility from another facility if the inmate's medical records are transferred with the inmate and indicate that the inmate has been tested previously.). (B) To all inmates admitted to a facility prior to the effective date of this policy, medical personnel shall provide routine HIV testing within no more than 6 months. HIV testing for these inmates may be performed in conjunction with other health services provided to these inmates by medical personnel. (C) All HIV tests under this paragraph shall comply with paragraph (9). (2) Pre-test and post-test counseling.--Medical personnel shall provide confidential pre-test and post-test counseling to all inmates who are tested for HIV. Counseling may be included with other general health counseling provided to inmates by medical personnel. (3) HIV/AIDS prevention education.-- (A) Medical personnel shall improve HIV/AIDS awareness through frequent educational programs for all inmates. HIV/AIDS educational programs may be provided by community based organizations, local health departments, and inmate peer educators. These HIV/AIDS educational programs shall include information on modes of transmission, including transmission through tattooing, sexual contact, and intravenous drug use; prevention methods; treatment; and disease progression. HIV/AIDS educational programs shall be culturally sensitive, conducted in a variety of languages, and present scientifically accurate information in a clear and understandable manner. (B) HIV/AIDS educational materials shall be made available to all inmates at orientation, at health care clinics, at regular educational programs, and prior to release. Both written and audio-visual materials shall be made available to all inmates. These materials shall be culturally sensitive, written for low literacy levels, and available in a variety of languages. (4) HIV testing upon request.-- (A) Medical personnel shall allow inmates to obtain HIV tests upon request once per year or whenever an inmate has a reason to believe the inmate may have been exposed to HIV. Medical personnel shall, both orally and in writing, inform inmates, during orientation and periodically throughout incarceration, of their right to obtain HIV tests. (B) Medical personnel shall encourage inmates to request HIV tests if the inmate is sexually active, has been raped, uses intravenous drugs, receives a tattoo, or if the inmate is concerned that the inmate may have been exposed to HIV/AIDS. (C) An inmate's request for an HIV test shall not be considered an indication that the inmate has put him/herself at risk of infection and/or committed a violation of prison rules. (5) HIV testing of pregnant woman.-- (A) Medical personnel shall provide routine HIV testing to all inmates who become pregnant. (B) All HIV tests under this paragraph shall comply with paragraph (9). (6) Comprehensive treatment.-- (A) Medical personnel shall provide all inmates who test positive for HIV-- (i) timely, comprehensive medical treatment; (ii) confidential counseling on managing their medical condition and preventing its transmission to other persons; and (iii) voluntary partner notification services. (B) Medical care provided under this paragraph shall be consistent with current Department of Health and Human Services guidelines and standard medical practice. Medical personnel shall discuss treatment options, the importance of adherence to antiretroviral therapy, and the side effects of medications with inmates receiving treatment. (C) Medical and pharmacy personnel shall ensure that the facility formulary contains all Food and Drug Administration-approved medications necessary to provide comprehensive treatment for inmates living with HIV/AIDS, and that the facility maintains adequate supplies of such medications to meet inmates' medical needs. Medical and pharmacy personnel shall also develop and implement automatic renewal systems for these medications to prevent interruptions in care. (D) Correctional staff and medical and pharmacy personnel shall develop and implement distribution procedures to ensure timely and confidential access to medications. (7) Protection of confidentiality.-- (A) Medical personnel shall develop and implement procedures to ensure the confidentiality of inmate tests, diagnoses, and treatment. Medical personnel and correctional staff shall receive regular training on the implementation of these procedures. Penalties for violations of inmate confidentiality by medical personnel or correctional staff shall be specified and strictly enforced. (B) HIV testing, counseling, and treatment shall be provided in a confidential setting where other routine health services are provided and in a manner that allows the inmate to request and obtain these services as routine medical services. (8) Testing, counseling, and referral prior to reentry.-- (A) Medical personnel shall provide routine HIV testing to all inmates no more than 3 months prior to their release and reentry into the community. (Inmates who are already known to be infected need not be tested again.). This requirement may be waived if an inmate's release occurs without sufficient notice to the Bureau to allow medical personnel to perform a routine HIV test and notify the inmate of the results. (B) All HIV tests under this paragraph shall comply with paragraph (9). (C) To all inmates who test positive for HIV and all inmates who already are known to have HIV/AIDS, medical personnel shall provide-- (i) confidential prerelease counseling on managing their medical condition in the community, accessing appropriate treatment and services in the community, and preventing the transmission of their condition to family members and other persons in the community; (ii) referrals to appropriate health care providers and social service agencies in the community that meet the inmate's individual needs, including voluntary partner notification services and prevention counseling services for people living with HIV/AIDS; and (iii) a 30-day supply of any medically necessary medications the inmate is currently receiving. (9) Opt-out provision.--Inmates shall have the right to refuse routine HIV testing. Inmates shall be informed both orally and in writing of this right. Oral and written disclosure of this right may be included with other general health information and counseling provided to inmates by medical personnel. If an inmate refuses a routine test for HIV, medical personnel shall make a note of the inmate's refusal in the inmate's confidential medical records. However, the inmate's refusal shall not be considered a violation of prison rules or result in disciplinary action. (10) Exposure incident testing.--The Bureau may perform HIV testing of an inmate under section 4014 of title 18, United States Code. HIV testing of an inmate who is involved in an exposure incident is not ``routine HIV testing'' for the purposes of paragraph (9) and does not require the inmate's consent. Medical personnel shall document the reason for exposure incident testing in the inmate's confidential medical records. (11) Timely notification of test results.--Medical personnel shall provide timely notification to inmates of the results of HIV tests. SEC. 4. CHANGES IN EXISTING LAW. (a) Screening in General.--Section 4014(a) of title 18, United States Code, is amended-- (1) by striking ``for a period of 6 months or more''; (2) by striking ``, as appropriate,''; and (3) by striking ``if such individual is determined to be at risk for infection with such virus in accordance with the guidelines issued by the Bureau of Prisons relating to infectious disease management'' and inserting ``unless the individual declines. The Attorney General shall also cause such individual to be so tested before release unless the individual declines''. (b) Inadmissibility of HIV Test Results in Civil and Criminal Proceedings.--Section 4014(d) of title 18, United States Code, is amended by inserting ``or under the Stop AIDS in Prison Act of 2007'' after ``under this section''. (c) Screening as Part of Routine Screening.--Section 4014(e) of title 18, United States Code, is amended by adding at the end the following: ``Such rules shall also provide that the initial test under this section be performed as part of the routine health screening conducted at intake.''. SEC. 5. REPORTING REQUIREMENTS. (a) Report on Hepatitis and Other Diseases.--Not later than 1 year after the date of the enactment of this Act, the Bureau shall provide a report to the Congress on Bureau policies and procedures to provide testing, treatment, and prevention education programs for Hepatitis and other diseases transmitted through sexual activity and intravenous drug use. The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, and the Centers for Disease Control regarding the development of this report. (b) Annual Reports.-- (1) Generally.--Not later than 2 years after the date of the enactment of this Act, and then annually thereafter, the Bureau shall report to Congress on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use. (2) Matters pertaining to various diseases.--Reports under paragraph (1) shall discuss-- (A) the incidence among inmates of HIV/AIDS, Hepatitis, and other diseases transmitted through sexual activity and intravenous drug use; and (B) updates on Bureau testing, treatment, and prevention education programs for these diseases. (3) Matters pertaining to hiv/aids only.--Reports under paragraph (1) shall also include-- (A) the number of inmates who tested positive for HIV upon intake; (B) the number of inmates who tested positive prior to reentry; (C) the number of inmates who were not tested prior to reentry because they were released without sufficient notice; (D) the number of inmates who opted-out of taking the test; (E) the number of inmates who were tested following exposure incidents; and (F) the number of inmates under treatment for HIV/ AIDS. (4) Consultation.--The Bureau shall consult with appropriate officials of the Department of Health and Human Services, the Office of National Drug Control Policy, and the Centers for Disease Control regarding the development of reports under paragraph (1). SEC. 6. APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Passed the House of Representatives September 25, 2007. Attest: LORRAINE C. MILLER, Clerk. | Stop AIDS in Prison Act of 2007 - Directs the Bureau of Prisons to develop, and draft regulations to implement, a comprehensive policy to provide HIV testing, treatment, and prevention for inmates in federal prisons and upon reentry into the community. Requires such policy to provide for: (1) testing of inmates upon intake and counseling; (2) pre-test and post-test counseling; (3) improvement of HIV/AIDS awareness and inmate education; (4) HIV testing of inmates annually or upon exposure to HIV; (5) HIV testing of pregnant inmates; (6) comprehensive medical treatment of inmates who test positive and confidential counseling on managing their medical condition and preventing HIV transmission to other persons; (7) protection of inmate confidentiality; (8) testing, counseling, and referral of inmates to health care and social service agencies prior to reentry into the community; (9) the right of inmates to refuse routine testing; (10) mandatory testing after a documented exposure to HIV; and (11) timely notification to inmates of test results. Amends the federal criminal code to: (1) require HIV testing for all inmates upon intake regardless of length of sentence or risk factors; (2) allow inmates to decline testing prior to release from incarceration; (3) make HIV test results inadmissible in civil and criminal proceedings; and (4) make HIV testing part of the routine health screening conducted at inmate intake. Directs the Bureau of Prisons to report to Congress: (1) within one year on Bureau policies and procedures to provide testing, treatment, and prevention education programs for hepatitis and other diseases transmitted through sexual activity and intravenous drug use; and (2) annually on the incidence among inmates of diseases transmitted through sexual activity and intravenous drug use, including specific information on HIV/AIDS. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Worker Needlestick Prevention Act''. SEC. 2. REQUIREMENTS. (a) Bloodborne Pathogens Standard.-- (1) In general.--Except as provided in paragraph (2), the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall amend the bloodborne pathogens standard to require that-- (A) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (B) to assist employers in meeting the requirement of subparagraph (A), non-managerial direct care health care workers of employers participate in the identification and evaluation of needleless systems and sharps with engineered sharps injury protections. (2) Exception.--The bloodborne pathogens standard requirements of paragraph (1) shall apply to any employer, except where the employer demonstrates, to the Secretary's satisfaction, that-- (A) there are circumstances in the employer's work facility in which the needleless systems and sharps with engineered sharps injury protections do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure; or (B) the needleless systems and sharps with engineered sharps injury protections required are not commercially available to the employer. (b) Standard Content.--For carrying out the requirement of subsection (a)(1) for needleless systems and sharps with engineered sharps injury protections, the amendment required by subsection (a) shall include the following: (1) Exposure control plan.--The employer shall include in their exposure control plan an effective procedure for identifying and selecting existing needleless systems and sharps with engineered sharps injury protections and other methods of preventing bloodborne pathogens exposure. (2) Sharps injury log.--In addition to the recording of all injuries from contaminated sharps on the OSHA Occupational Injuries and Illnesses 200 log or its equivalent, the employer shall maintain a separate contaminated sharps injury log containing the following information (to the extent such information is known to the employer) with regard to each exposure incident: (A) Date and time of the exposure incident. (B) Type and brand of sharp involved in the exposure incident. (C) Description of the exposure incident which shall include-- (i) job classification of the exposed employee; (ii) department or work area where the exposure incident occurred; (iii) the procedure that the exposed employee was performing at the time of the incident; (iv) how the incident occurred; (v) the body part involved in the exposure incident; (vi) if the sharp had engineered sharps injury protections-- (I) whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism, or after activation of the mechanism, if applicable; and (II) whether the employee received training on how to use the device before use, and a brief description of the training; (vii) if the sharp had no engineered sharps injury protections, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and (viii) the employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury as well as the basis for the opinion. (3) Training.--A requirement that all direct care health care workers shall be provided adequate training on the use of all needleless systems and sharps with engineered sharps injury protections which they may be required to use. SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY. (a) In General.--The Director of the National Institute for Occupational Safety and Health shall establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. (b) Evaluation Criteria.--The Director shall develop a set of evaluation criteria for use by employers, employees, and other persons when they are evaluating and selecting needleless systems and sharps with engineered sharps injury protections. (c) Training.--The Director shall develop a model training curriculum to train employers, employees, and other persons on the process of evaluating needleless systems and sharps with engineered sharps injury protections and shall (to the extent feasible) provide technical assistance to persons who request such assistance. (d) Monitoring.--The Director shall establish a national system to collect comprehensive data on needlestick injuries to healthcare workers, including data on mechanisms to analyze and evaluate prevention interventions in relation to needlestick injury occurrence. In carrying out its duties under this subsection, the National Institute for Occupational Safety and Health shall have access to information recorded by employers on the sharps injury log as required by section 2(b)(2). (e) Authorization.--There is authorized to be appropriated $15,000,000 to the National Institute of Occupational Safety and Health to carry out the requirements of this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Bloodborne pathogens.--The term ``bloodborne pathogens'' means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include hepatitis B virus, hepatitis C virus, and human immunodeficiency virus. (2) Contaminated.--The term ``contaminated'' means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. (3) Direct care health care worker.--The term ``direct care health care worker'' means an employee responsible for direct patient care with potential occupational exposure to sharps related injuries. (4) Employer.--The term ``employer'' means each employer having an employee with occupational exposure to human blood or other material potentially containing bloodborne pathogens. (5) Engineered sharps injury protections.--The term ``engineered sharps injury protections'' means-- (A) a physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or (B) a physical attribute built into any other type of needle device, or into a nonneedle sharp, which effectively reduces the risk of an exposure incident. (6) Needleless system.--The term ``needleless system'' means a device that does not use needles for-- (A) the withdrawal of body fluids after initial venous or arterial access is established; (B) the administration of medication or fluids; and (C) any other procedure involving the potential for an exposure incident. (7) Sharp.--The term ``sharp'' means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills, and burs. (8) Sharps injury.--The term ``sharps injury'' means any injury caused by a sharp, including cuts, abrasions, or needlesticks. (9) Sharps injury log.--The term ``sharps injury log'' means a written or electronic record satisfying the requirements of section 2(b)(2). SEC. 5. APPLICATION TO MEDICARE HOSPITALS. The Secretary of Health and Human Services shall provide by regulation that, as a condition of participation under the medicare program under title XVIII of the Social Security Act of a hospital that is not otherwise subject to the bloodborne pathogens standard amended under section 2(a) because it is exempt from regulation by the Occupational Safety and Health Administration, the hospital shall comply with the bloodborne pathogen standard amended under section 2(a) with respect to any employees of the hospital, effective at the same time as such amended standard would have applied to the hospital if it had not been so exempt. SEC. 6. EFFECTIVE DATE. This Act shall become effective upon the date of its enactment, except that the Secretary of Labor shall take the action required by section 2 within one year of such date. | Health Care Worker Needlestick Prevention Act - Directs the Secretary of Labor, acting through the Occupational Safety and Health Administration (OSHA), to amend the bloodborne pathogens standard to require that: (1) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (2) non-managerial direct care health care workers of employers participate in the identification and evaluation of such systems and sharps. Provides an exemption where an employer demonstrates that needleless systems and sharps: (1) do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure under certain circumstances in the employer's work facility; or (2) are not commercially available to the employer. (Sec. 2) Includes under such revised standard requirements relating to: (1) exposure control plans; (2) sharps injury logs; and (3) worker training in the use of such systems and sharps. (Sec. 3) Requires the Director of the National Institute for Occupational Safety and Health (NIOSH) to establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. Requires the Director to: (1) develop a set of evaluation criteria for use by employers, employees, and other persons in evaluating and selecting such systems and sharps; (2) develop a model training curriculum to train employers, employees, and other persons in such evaluation process, and provide requested technical assistance to the extent feasible; and (3) establish a national system to collect comprehensive data on needlestick injuries to health care workers, including data on mechanisms to analyze and evaluate prevention. Authorizes NIOSH access to information recorded by employers in sharps injury logs. Authorizes appropriations. (Sec. 5) Directs the Secretary of Health and Human Services to require hospitals, as a condition of their Medicare program participation, to comply with the bloodborne pathogen standard as amended under this Act with respect to hospital employees, even if they are not otherwise subject to such standard because they are exempt from OSHA regulation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Oak Flat Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Section 3003 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) authorizes approximately 2422 acres of Forest Service land known as ``Oak Flat'' in the Tonto National Forest in Southeastern Arizona that is sacred to Indian tribes in the region, including the San Carlos Apache Tribe and the Yavapai-Apache Nation, to be transferred to a mining company called Resolution Copper. That company plans to hold the Forest land privately for a mining project that will result in the physical destruction of tribal sacred areas and deprive American Indians from practicing their religions, ceremonies, and other traditional practices. The mining project will also create significant negative environmental impacts by destroying the area and depleting and contaminating precious water resources. (2) Once Resolution Copper owns the Oak Flat area, it plans to use the highly destructive block cave mining method to remove one cubic mile of ore that is now 7,000 feet beneath the surface of the earth without replacing any of the earth removed because that is the cheapest form of mining. Resolution Copper admits that the surface will subside and ultimately collapse, destroying forever this place of worship. (3) The Tonto National Forest in which Oak Flat is located was established in 1905 from the ancestral homelands of the Tonto Apache and other American Indians who were forcibly removed at gunpoint from the Oak Flat area and other areas of the Tonto National Forest by the United States Army in the 1880s and imprisoned in other areas, including what is now the San Carlos Apache Reservation, located approximately 15 miles from Oak Flat, where Apaches were held as prisoners of war until the early 1900s. (4) Section 3003 was included in the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 without proper legislative process and circumvented the will of the majority of Members of the House of Representatives. Section 3003 was originally introduced in the House of Representatives as H.R. 687 and in the Senate as S. 339 in the 113th Congress. H.R. 687 was brought to the floor of the House of Representatives for consideration twice and was pulled from consideration both times. S. 339 was never considered by the Senate or even considered for mark up by the Senate Committee on Energy and Natural Resources. Section 3003 was then included in the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 without majority support from either the House or Senate and an amendment to remove section 3003 was not allowed to be considered. (5) American Indian tribes have ceded or have had taken from them millions of acres of land to help build the United States and have suffered under Federal assimilationist policies that sought to destroy tribal cultures. Despite these policies, American Indians continue to practice their religions as they have done for thousands of years. American Indian places of worship, or sacred areas, are often land based, including mountains, streams, and trees. As a result of previous Federal land policies that resulted in the significant loss of lands of American Indian tribes, many sacred areas of tribes are now located on Federal lands. (6) The United States has a trust responsibility acknowledged by Congress to protect tribal sacred areas on Federal lands. These laws require meaningful consultations with affected Indian tribes before making decisions that will impact American Indians. In contradiction to these laws, section 3003 requires the mandatory conveyance of a tribal sacred area located on Federal lands regardless of the outcome of consultation with affected Indian tribes. (7) Section 3003 was strongly opposed by Indian tribes nationwide because it sets dangerous legislative precedent for the lack of protection of tribal sacred areas located on Federal lands by mandating the conveyance of Federal lands with significant religious, cultural, historic, and anthropological significance for Indian tribes to a private company that will destroy the land. (8) Section 3003 circumvents standard environmental review procedures that ensure that the public interest is protected, including the interests of Indian tribes. Section 3003 requires a mandatory conveyance of the Oak Flat area regardless of the findings resulting from the environmental review process. The mining project will require significant amounts of water that will likely affect the local hydrology, including the underlying aquifer, and will result in polluted water that will seep into drinking water supplies. (9) The inclusion of section 3003 in the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 sets negative precedent for legislative process and for Federal Indian policy. SEC. 3. REPEAL OF THE SOUTHEAST ARIZONA LAND EXCHANGE AND CONSERVATION. Section 3003 of the Carl Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-291) is repealed. | Save Oak Flat Act This bill repeals the provisions under the Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015 providing for a land exchange between the Department of Agriculture and Resolution Copper Mining, LLC. Under the provisions of that Act, 2,422 acres of Forest Service land located in Pinal County, Arizona, are to be exchanged for various parcels of land owned by Resolution Copper. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2011''. SEC. 2. QUARTERLY REPORTS DURING CONSERVATORSHIP. (a) Reporting Requirement.--For each reporting period, the Inspector General of the Federal Housing Finance Agency shall submit to the Congress a report for each enterprise that summarizes the activities of the Inspector General with respect to such enterprise, and the activities and condition of such enterprise, during such reporting period. (b) Contents.--Each report required under this section for an enterprise for a reporting period shall include the following information: (1) A description, including dollar amount, of total liabilities of the enterprise as of the reporting date, with a detailed breakdown of the potential level of risk to the Federal Government inherent in the dollar amount of each separate type of liability and a quantification as to how the risk to the Federal Government has changed from the previous reporting period, distinguishing between changes attributable to volume and changes attributable to changes in risk levels. (2) An explanation of, including rationale for, all compensation and bonuses paid to any executive officer (as such term is defined in section 1303 of the Housing and Community Development Act of 1992 (12 U.S.C. 4502)) of the enterprise, and any retention decisions made, by the enterprise during such period regarding its executive officers. (3) A description of foreclosure mitigation activities of the enterprise during such period, including any related data, a list of law firms and attorneys approved or retained by the enterprise for handling foreclosure and bankruptcy matters relating to mortgages held or securitized by the enterprise, and the eligibility criteria used for such approval or retention and reasons for limiting such list, and the number of mortgage loans held by the enterprise that were refinanced in 2008, 2009, and 2010 through foreclosure mitigation activities of the enterprise that have, during such period, entered into default. (4) A description of any mortgage fraud prevention activities undertaken by the enterprise during such period and data describing the extent of mortgage fraud during such period, including descriptions of the efforts of the enterprise to prevent or detect mortgage fraud, of the pervasiveness of mortgage fraud, and of the most prevalent types of mortgage fraud detected. (5) A listing with description of any formal or informal communication between Governors and staff of the Board of Governors of the Federal Reserve System and executives in the enterprise and any formal or informal communication between officials and staff of the Department of the Treasury and the Governors and staff of the Board of Governors of the Federal Reserve System and executives in the enterprise regarding the purchase or sale of any enterprise-related securities. (6) A description of any investments, holdings, and activities of the enterprise during such period that are not consistent with the mission of the enterprise as provided under Federal law. (7) A description of the reasons for any equity investments in the enterprise by the Department of the Treasury during such period and any increase during such period in the authorized amount of equity investments by such Department. (8) An analysis of the capital levels and portfolio size of the enterprise during such period and their impacts on the safety and soundness of the enterprise. (9) A description and analysis of the underwriting standards of the enterprise applicable during such period, including the criteria for safety and soundness of mortgage loans for single-family, multi-family, and condominium residential homes securitized by the enterprise and the ability of such criteria to ensure such safety and soundness. (10) An analysis of actions taken by the enterprise that had a beneficial or harmful effect on holders of enterprise- related securities, in particular, preferred stock issued prior to September 6, 2008. (11) Any other information that the Inspector General considers relevant or important with respect to the enterprise, and the activities and condition of the enterprise. (c) Reporting Periods; Timing of Reports.-- (1) Initial period.--The first reporting period for each enterprise shall be the period that began upon the commencement of the conservatorship period for the enterprise and that ends upon the date of the enactment of this Act. The reports required under this section for such period shall be submitted not later than the expiration of the 60-day period beginning on the date of the enactment of this Act. (2) Quarterly periods.--After the first reporting period, the reporting periods for each enterprise shall be each calendar quarter that concludes after the date of the enactment of this Act. Each report for each such reporting period shall be submitted not later than the expiration of the 60-day period beginning upon the conclusion of such reporting period. (3) Receivership.--Notwithstanding paragraph (2), if at any time a receiver is appointed for an enterprise pursuant to section 1367 of the Housing and Community Development Act of 1992 (12 U.S.C. 4617), the reporting periods for the enterprise during such receivership shall be each calendar month (or such shorter period as the Inspector General considers appropriate). Each report for each such reporting period shall be submitted not later than the expiration of the 30-day period beginning upon the conclusion of such reporting period. (4) Nationalization.--Notwithstanding paragraph (2), if at any time the Federal Government or any agency or entity of the Federal Government obtains control of an enterprise under law or through ownership of voting stock of the enterprise, or the Inspector General determines that the enterprise has otherwise been nationalized, the reporting periods for the enterprise after such nationalization occurs shall be the consecutive 6- month periods (the first such period beginning upon such nationalization (or such shorter period as the Inspector General considers appropriate). Each report for each such reporting period shall be submitted not later than the expiration of the 60-day period beginning upon the conclusion of such reporting period. (d) Public Availability.--The Inspector General shall-- (1) make information regarding the activities of the Inspector General, including each report submitted to the Congress pursuant to this section, available to the public, including through a World Wide Web site of the Federal Housing Finance Agency; and (2) establish an electronic mail address and a toll-free telephone number, and shall publicize the availability of such address and number, by which the public may report waste, fraud, or abuse by an enterprise. (e) Definitions.--For purposes of this section, the following definitions shall apply: (1) Conservatorship period.--The term ``conservatorship period'' means, with respect to an enterprise, the period that-- (A) began upon appointment of the Federal Housing Finance Agency as conservator for the enterprise on September 6, 2008, pursuant to section 1367 of the Housing and Community Development Act of 1992 (12 U.S.C. 4617); and (B) ends upon the termination of such conservatorship of the enterprise. (2) Inspector general.--The term ``Inspector General'' means the Inspector General of the Federal Housing Finance Agency, appointed pursuant to section 1317(d) of the Housing and Community Development Act of 1992 (12 U.S.C. 4517). (3) Enterprise.--The term ``enterprise'' means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation. (4) Reporting period.--The term ``reporting period'' means a period described in paragraph (1), (2), (3), or (4) of subsection (c). SEC. 3. INSPECTOR GENERAL OF THE FEDERAL HOUSING FINANCE AGENCY. Section 1317 of the Housing and Community Development Act of 1992 (12 U.S.C. 4517) is amended by striking subsection (d) and inserting the following new subsection: ``(d) Inspector General.-- ``(1) Appointment.--There shall be within the Agency an Inspector General, who shall be appointed in accordance with section 3(a) of the Inspector General Act of 1978. ``(2) Direct hire authority.-- ``(A) Appointment authority.--Subject to subparagraph (B), the Inspector General of the Agency may appoint candidates to any position in Office of the Inspector General of the Agency-- ``(i) in accordance with the statutes, rules, and regulations governing appointments in the excepted service; and ``(ii) notwithstanding any statutes, rules, and regulations governing appointments in the competitive service. ``(B) Applicability.--Subparagraph (A) shall apply with respect to any position within the Office of the Inspector General of the Agency, and the authority under such subparagraph shall be effective only during the 12-month period beginning upon the enactment of the Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2011. ``(C) Dual compensation waiver authority.-- ``(i) Waiver authority.--Subject to subparagraph (B) and notwithstanding section 8468 of title 5, United States Code, or any other statute, rule, or regulation prescribing the termination of retirement annuities or the offset of such annuities for annuitants who are re-employed by the Federal Government, if an annuitant receiving an annuity from the Civil Service Retirement and Disability Fund becomes employed in a position within the Office of the Inspector General of the Agency, the annuity of such annuitant shall continue without termination or offset. An annuitant so reemployed shall not be considered an employee for purposes of chapter 83 or 84 of title 5, United States Code. ``(ii) Applicability.--Subparagraph (A) shall apply with respect to any position within the Office of the Inspector General of the Agency, and the authority under such subparagraph shall be effective only during the 36-month period beginning upon the enactment of the Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2011. ``(3) Law enforcement authority.--The Office of the Inspector General of the Agency shall be treated as an office included under section 6(e)(3) of the Inspector General Act of 1978 (5 U.S.C. App.), relating to the exemption from the initial determination of eligibility by the Attorney General.''. | Fannie Mae and Freddie Mac Accountability and Transparency for Taxpayers Act of 2011 - Directs the Inspector General (IG) of the Federal Housing Finance Agency to submit quarterly reports to Congress on the IG's activities with respect to the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) and their activities and condition while they are in conservatorship status. Amends the Housing and Community Development Act of 1992 to give the Federal Housing Finance Agency IG: (1) direct hire authority; and (2) law enforcement authority exempt from the condition that the Attorney General make an initial determination of the IG's eligibility to exercise such authority. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Female Congressional Pioneers Act of 2009''. SEC. 2. FINDINGS. Congress finds the following: (1) The 75 women currently serving in the House of Representatives owe a debt of gratitude to all of their foremothers who broke down barriers, both in their election to, and in the important legislative work they accomplished as Members of, the House of Representatives. (2) 5 women in particular stand out for their status as the ``first'' women in certain categories. (3) In 1916, Jeannette Rankin broke new ground by becoming the first woman elected to the House of Representatives, representing the State of Montana, first from 1917 to 1919 and later from 1941 to 1943. (4) Jeannette Rankin's first election was all the more remarkable, considering that it came 3 years before women's suffrage was a legally guaranteed right throughout the United States. (5) Jeannette Rankin directly contributed to a woman's right to vote when she introduced a resolution in 1919 to support a women's suffrage amendment to the Constitution of the United States. (6) Jeannette Rankin remained dedicated to a peaceful world, both by voting against the declarations of World War I and World War II (and in fact was the only Representative to vote against the declaration of World War II) and by working tirelessly to promote peace during her years outside of Congress. (7) In 1924, Mary Teresa Norton became the first Democratic woman elected to the House of Representatives, and one of a small number of women during that period who were elected in their own right and not to replace their husbands, representing New Jersey's 12th Congressional District from 1925 to 1951. (8) Mary Norton served as the chair of the Committee on the District of Columbia from 1931 to 1937, effectively governing the city, which had no municipal government of its own at that time. (9) In 1934, Mary Norton became the first woman to chair a major political party in a State, as head of the New Jersey State Committee. (10) Mary Norton was instrumental in the drafting and passage in 1938 of a major piece of President Franklin D. Roosevelt's New Deal, the Fair Labor Standards Act, which established a minimum wage, a maximum workweek, overtime pay, and a prohibition on child labor. (11) In 1964, Patsy Takemoto Mink became the first Asian- American woman elected to the House of Representatives, representing Hawaii's 2nd Congressional District from 1965 to 1977 and again from 1991 until her death in 2002. (12) Patsy Mink secured an assignment to the Committee on Education and Labor, for which her previous expertise and interests made her well suited, and used her time on that Committee to introduce the first child care bill, as well as bills to provide for bilingual education, student loans, special education, and the Head Start program. (13) Patsy Mink gained passage in 1965 of legislation to support the construction of schools in the Trust Territory of the Pacific Islands. (14) Patsy Mink established the Democratic Women's Caucus in 1995 and served as its first chair. (15) In 1968, Shirley Anita St. Hill Chisholm made history by becoming the first African-American woman elected to the House of Representatives, representing New York's 12th Congressional District until her retirement in 1983. (16) Shirley Chisholm was a founding member of the Congressional Black Caucus, a fierce advocate for women's rights and democracy, and a staunch opponent of the Vietnam War. (17) Shirley Chisholm was an outspoken advocate for equal rights, early childhood education, fair labor standards, and the Martin Luther King, Jr. holiday effort. (18) Shirley Chisholm further cemented her place in history when she became the first African-American person to seek a major political party's nomination for President in 1972. (19) In 1920, Edith Nourse Rogers became the first congresswoman from New England and, when she died in 1960 after 35 years of service to Massachusetts, became the longest- serving Congresswoman. (20) In 1929, Edith Rogers became the first woman to gavel the House of Representatives to order. (21) Edith Rogers became the first woman in Congress to have her name attached to a bill, which bill eventually achieved enactment in 1938 and established the National Cancer Institute. (22) There is a genuine need to honor these women, and others like them, more often in our Nation's artistic and cultural venues. SEC. 3. SPECIAL POSTAGE STAMP. In order to afford the public a convenient means by which to contribute towards the acquisition (for public display in the United States Capitol and other appropriate venues) of works of art honoring Jeannette Rankin, Mary Teresa Norton, Patsy Takemoto Mink, Shirley Anita St. Hill Chisholm, Edith Nourse Rogers, and other female pioneers in U.S. Government service and to American life, the United States Postal Service shall provide for the issuance and sale of a semipostal in accordance with section 416 of title 39, United States Code, subject to the following: (1) Disposition of amounts received.--All amounts becoming available from the sale of the semipostal shall be transferred by the Postal Service to the Capitol Preservation Commission and the House Fine Arts Board (which is hereby authorized to accept any such amounts) under such arrangements as the Postal Service and those entities shall by mutual agreement establish in order to carry out the purposes of this Act. (2) No effect on authority to issue other stamps.--No semipostal issued pursuant to this Act shall be taken into account for purposes of applying any numerical limitation established under section 416(e)(1)(C) of such title 39. SEC. 4. DEFINITIONS. For purposes of this Act-- (1) the term ``semipostal'' has the meaning given such term by section 416(a)(1) of title 39, United States Code; (2) any determination of the ``amounts becoming available'' from the sale of the semipostal described in section 3 shall be made in accordance with section 416(d) of title 39, United States Code; (3) the term ``Capitol Preservation Commission'' means the United States Capitol Preservation Commission, established by section 801 of Public Law 100-696 (2 U.S.C. 2081); and (4) the term ``House Fine Arts Board'' means the House of Representatives Fine Arts Board, established by section 1001 of Public Law 100-696 (2 U.S.C. 2121). | Honoring Female Congressional Pioneers Act of 2009 - Directs the Postal Service to provide for the issuance and sale of a semipostal in order to afford the public a convenient means to contribute towards the acquisition (for public display) of works of art honoring Jeanette Rankin, Mary Teresa Norton, Patsy Takemoto Mink, Shirley Anita St. Hill Chisholm, Edith Nourse Rogers, and other female pioneers in U.S. government service and American life. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Endangered Salmon 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 300,000. (7) In recent years, over 1,000 California sea lions have been entering the lower 205 miles of the Columbia River up to Miller Island 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) Some of 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 or its tributaries. SEC. 3. TAKING OF CALIFORNIA SEA LIONS ON THE COLUMBIA RIVER OR ITS TRIBUTARIES TO PROTECT ENDANGERED AND THREATENED SPECIES OF SALMON. (a) Amendment to Marine Mammal Protection Act of 1972.--Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended by adding at the end the following: ``(k) Temporary Marine Mammal Removal Authority on the Waters of the Columbia River or Its Tributaries.-- ``(1) Determination of alternative measures.-- ``(A) In general.--The Secretary shall determine whether alternative measures to reduce sea lion predation of salmonid stocks in the waters of the Columbia River or its tributaries listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) adequately protect the salmonid stocks from California sea lion predation. ``(B) Deadline.--The Secretary shall make such determination not later than 90 days after the date of the enactment of this subsection. ``(C) Public comment.--The Secretary shall, within such 90-day period, provide up to 30 days for the submission of public comments on the determination. ``(D) Federal register.--The Secretary shall publish the determination in the Federal Register. ``(2) Removal authority.--In addition to other authority under this section, and notwithstanding any other provision of this title, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River or its tributaries California sea lions if the Secretary determines under paragraph (1) that alternative measures to reduce sea lion predation on salmonid stocks in such waters listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) do not adequately protect the salmonid stocks from California sea lion predation. ``(3) Permit process.-- ``(A) In general.--An eligible entity may apply to the Secretary of Commerce for a permit under paragraph (2) authorizing the lethal taking of California sea lions. ``(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) Authority to issue multiple permits.--The Secretary may issue more than one permit under this subsection to an eligible entity. No more than one permit may be utilized in any 14-day period by the same eligible entity. ``(D) Duration of permits.--A permit under this subsection shall be effective for no more than one year after the date it is issued. ``(E) Consultation.--In issuing a permit to an eligible entity, the Secretary shall-- ``(i) consult with other eligible entities and other such entities as the Secretary considers appropriate, including the Corps of Engineers; and ``(ii) consider the number of other permits issued to other eligible entities in the same time period. ``(F) Reports.--Not later than January 31 following the end of each year in which a lethal taking occurs under a permit under this subsection, the Secretary shall publish a brief report describing the implementation of this subsection and the effect of all such takings in such year on Columbia River salmonid stocks and on the California sea lion population in the area where each taking occurs. ``(4) Limitations.-- ``(A) Limitation on permit authority.--A permit issued under this subsection shall not authorize the lethal taking of more than 10 California sea lions. ``(B) Limitation on annual takings.--The cumulative number of California sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed one percent of the annual potential biological removal level of California sea lions. ``(C) Limitation on animal authorized to be taken.-- ``(i) Determination required.--A California sea lion may not be taken under a permit under this subsection unless the permit holder has determined that-- ``(I) such sea lion has preyed upon salmonid stocks in the Columbia River; and ``(II) with respect to such sea lion, nonlethal alternative measures to prevent preying on salmonid stocks have in general not been effective. ``(ii) Consultation.--In making such determination, the permit holder shall consult with the National Marine Fisheries Service, and may consult with any other Federal agency or eligible entity as appropriate. ``(5) Delegation of permit authority.--The State of Washington and the State of Oregon may each designate the Pacific States Marine Fisheries Commission to administer its permit authority under this subsection. Any other eligible entity may designate the Columbia River Inter-Tribal Fish Commission to administer its permit authority under this subsection. ``(6) 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 3-year period beginning on the date of the enactment of this Act. ``(7) Termination of permitting authority.--The Secretary may not issue any permit under this subsection after the earlier of-- ``(A) the end of the 5-year period beginning on the date of the enactment of this subsection; or ``(B) the date the Secretary determines that lethal removal authority is no longer necessary to protect salmonid stocks from California sea lion predation. ``(8) Eligible entity defined.--In this subsection, the term `eligible entity' means each of the State of Washington, the State of Oregon, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, and the Confederated Tribes and Bands of the Yakama Nation.''. (b) Recommended Legislation.--Not later than two years after the date of the enactment of this Act, the Secretary of Commerce shall submit to the Congress a report on the need for additional legislation to amend the Marine Mammal Protection Act of 1972 to address the general issue of predation by marine mammals on fish species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). SEC. 4. SENSE OF CONGRESS. It is the sense of the Congress that-- (1) nonlethal means of preventing predation of listed salmonid stocks in the Columbia River by California sea lions is preferable to lethal means; (2) permit holders exercising lethal removal authority pursuant to the amendment made by this Act should be trained in wildlife management; and (3) the Federal Government should continue to fund, research, and support effective nonlethal alternative measures for preventing such predation. | Endangered Salmon Predation Prevention Act - Amends the Marine Mammal Protection Act of 1972 to authorize the Secretary of Commerce to issue one-year permits for the lethal taking of California sea lions if the Secretary determines that alternative measures to reduce sea lion predation on threatened or endangered salmonid stocks in the Columbia River do not adequately protect the salmonid stocks from such predation. Limits the cumulative annual taking of California sea lions to one percent of the annual potential biological removal level of such sea lions. Requires the Secretary to determine whether alternative measures to reduce sea lion predation on salmonid stocks will adequately protect such stocks. Expresses the sense of Congress that: (1) nonlethal means of preventing sea lion predation of salmonid stocks in the Columbia River is preferable to lethal means; (2) permit holders exercising lethal removal authority should be trained in wildlife management; and (3) the federal government should continue to fund, research, and support effective nonlethal alternative measures for preventing such predation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Common Sense Budget Act of 2006''. SEC. 2. FINDINGS. Congress finds the following: (1) The Department of Defense's increasingly large budget provides for total defense spending that is greater than that of the other 192 countries in the world combined, yet-- (A) the United States now ranks 25th in the world in infant mortality, behind most of the nations of Western Europe and the industrialized Far East, while $60,000,000,000 of the United States defense budget is expended annually on weapons designed to thwart Soviet Union aggression during the Cold War and other wasteful programs; (B) Federal spending on elementary and secondary education has fallen to less than 10 percent of the proposed 2007 outlays for the Department of Defense, while schools throughout the Nation are eliminating programs in music, foreign language, and physical education; (C) 61,000,000 individuals in the United States lack health insurance during some period of any given year, and half that number of individuals (over 10,000,000 of whom are children) lack such insurance for the entire year; (D) the Government Accountability Office estimates that-- (i) \1/3\ of the Nation's public schools, serving 14,000,000 children, need extensive repair or need to have their entire physical plants replaced; (ii) 85 percent of the Nation's public schools, 73,000 facilities serving 40,000,000 children, need some repair work; and (iii) the total cost for the repairs and replacement described in this subparagraph is over $120,000,000,000; (E) research conducted by the National Center for Education Statistics shows that middle school students in the United States rank 18th in science test scores and 19th in math test scores internationally, behind students in such countries as the Republic of Korea, the Slovak Republic, Singapore, the Russian Federation, and Malaysia; and (F) the Government Accountability Office estimated in 2003 that the Department of Defense could not account for over $1,000,000,000,000 in funds appropriated to the Department of Defense. (2) The United States spends over $20,000,000,000 annually to maintain its nuclear arsenal, although many of the weapons in that arsenal no longer have practical utility. The United States needs to eliminate spending on obsolete weapons systems and use the funds saved to meet urgent domestic needs for health care, education, job training, and increased energy efficiency and conservation. (3) The Department of Defense is spending billions of dollars developing space weapons and preparing plans to deploy them, although-- (A) those expenditures and plans contravene White House policy, in place for a decade, that emphasizes arms control and nonproliferation pacts; and (B) the development of those weapons is opposed by many United States allies, who have rightly stated that a shift in policy towards that development will create an arms race in space. (4) The United States needs to reduce its dependence on foreign oil by promoting long-term energy security through greater investment in sustainable and renewable energy alternatives. (5) The United States is facing unprecedented challenges to national security and broader national interests. Sustainable development and humanitarian assistance programs should be a central part of United States foreign policy. To address the root causes of instability and terrorism and undercut the ability of terrorist organizations to recruit effectively, the United States needs to address the global challenges of poverty, illiteracy, unemployment, disease, and disaster by increasing funding for sustainable development and humanitarian assistance programs. SEC. 3. REDUCTIONS IN AMOUNTS AVAILABLE FOR CERTAIN DEFENSE AND ENERGY PROGRAMS. (a) Reductions in Amounts Available for Programs.-- (1) Department of defense programs.-- (A) In general.--Notwithstanding any other provision of law, of the amounts appropriated or otherwise available for fiscal year 2007 for each program or account of the Department of Defense specified in subparagraph (B)-- (i) the amount available in such fiscal year for such program or account shall be reduced by the amount specified with respect to such program or account in that subparagraph; and (ii) an amount equal to the aggregate amount of all such reductions under clause (i) shall be available instead for the purposes set forth in subsection (b). (B) Specified programs and accounts and amounts.-- The programs and accounts, and amounts with respect to such programs and accounts, specified in this subparagraph are as follows: (i) The F-22 fighter aircraft program, $2,800,000,000. (ii) The F-35 Joint Strike fighter aircraft program, $3,300,000,000. (iii) The C-130J aircraft program, $1,600,000,000. (iv) The V-22 Osprey aircraft program, $2,100,000,000. (v) The Virginia class submarine program, $2,300,000,000. (vi) The next generation destroyer (DD(X)) program, $3,400,000,000. (vii) The Ballistic Missile Defense program, $8,300,000,000. (viii) Cross-service accounts for research, development, test, and evaluation, $5,000,000,000. (ix) Accounts providing funds for personnel and other costs associated with drawdowns and other reductions in the Armed Forces, $5,000,000,000. (x) Space weapons programs, $5,000,000,000. (xi) The Future Combat System, $2,700,000,000. (xii) Programs relating to the operations of the Department of Defense that can be combined to achieve efficiencies in such operations, $5,000,000,000. (2) Department of energy national security programs.-- Notwithstanding any other provision of law, of the amounts appropriated or otherwise available for fiscal year 2007 for the Department of Energy for the National Nuclear Security Administration for national security programs-- (A) the amount available in such fiscal year for such programs shall be reduced by $14,000,000,000; and (B) an amount equal to the amount of the reduction under subparagraph (A) shall be available instead for the purposes set forth in subsection (b). (b) Domestic Programs.--From amounts made available under subsection (a)-- (1) $10,000,000,000 shall be made available to carry out the modernization of school facilities under section 8007(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707(b)); (2) $10,000,000,000 shall be made available to carry out State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.); (3) $5,000,000,000 shall be made available to carry out employment and training activities under chapter 5 of subtitle B of title I of the Workforce Investment Act of 1998 (29 U.S.C. 2861 et seq.); (4) $10,000,000,000 shall be made available to the Secretary of Energy for such programs as that Secretary may specify to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) $13,000,000,000 shall be made available to the Secretary of State for such sustainable development and humanitarian assistance programs as that Secretary may specify to alleviate the global challenges of poverty, illiteracy, unemployment, disease, and disaster; (6) $5,000,000,000 shall be available to the Secretary of Homeland Security to improve safeguards pursuant to the Homeland Security Act of 2002; (7) $5,000,000,000 shall be made available to reduce the deficit; and (8) $2,000,000,000 shall be made available for medical research. SEC. 4. EFFECTIVE DATE. This Act takes effect 90 days after the date of enactment of this Act. | Common Sense Budget Act of 2006 - Requires certain reductions in amounts appropriated for FY2007 for specified Department of Defense (DOD) and Department of Energy (DOE) programs. Makes amounts from such reductions available for: (1) modernization of school facilities; (2) state child health plans; (3) adult and dislocated worker employment and training activities; (4) programs to increase energy efficiency and conservation and increase investment in sustainable and renewable energy alternatives; (5) sustainable development and humanitarian assistance programs to alleviate global poverty, illiteracy, unemployment, disease, and disaster; (6) homeland security safeguard improvements; (7) reduction of the deficit; and (8) medical research. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Police Reporting Information, Data, and Evidence Act of 2015'' or the ``PRIDE Act''. SEC. 2. COMMUNITY AND LAW ENFORCEMENT PARTNERSHIP GRANT PROGRAM. (a) Grants Authorized.--The Attorney General shall make grants to eligible States and Indian tribes to be used for the activities described in subsection (c). (b) Eligibility.-- (1) In general.--In order to be eligible to receive a grant under this section a State or Indian tribe shall-- (A) report incidents in accordance with paragraph (2); and (B) demonstrate that the use-of-force policy for law enforcement officers in the State or Indian tribe is publicly available. (2) Reporting of incidents.-- (A) In general.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, and subject to subparagraph (C), a State or Indian tribe shall report to the Attorney General information on-- (i) any incident involving the shooting of a civilian by a law enforcement officer; (ii) any incident involving the shooting of a law enforcement officer by a civilian; (iii) any incident in which use of force by a law enforcement officer against a civilian results in serious bodily injury (as defined in section 2246 of title 18, United States Code) or death; and (iv) any incident in which use of force by a civilian against a law enforcement officer results in serious bodily injury (as defined in section 2246 of title 18, United States Code) or death. (B) Required information.--For each incident reported under subparagraph (A), the information reported to the Attorney General shall include, at a minimum-- (i) the gender, race, ethnicity, and age of each individual who was shot, injured, or killed; (ii) the date, time, and location of the incident; (iii) whether the civilian was armed, and, if so, the type of weapon the civilian had; (iv) the type of force used against the officer, the civilian, or both, including the types of weapons used; (v) the number of officers involved in the incident; (vi) the number of civilians involved in the incident; and (vii) a brief description regarding the circumstances surrounding the incident. (C) Incidents reported under death in custody reporting act.--A State is not required to include in a report under subparagraph (A) an incident reported by the State in accordance with section 20104(a)(2) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13704(a)(2)) before the date of the report under subparagraph (A). (c) Activities Described.--A grant made under this section may be used by a State or Indian tribe for-- (1) the cost of complying with the reporting requirements described in subsection (b)(2); (2) the cost of establishing necessary systems required to investigate and report incidents as required under subsection (b)(2); (3) public awareness campaigns designed to gain information from the public on use of force against police officers, including shootings, which may include tip lines, hotlines, and public service announcements; and (4) use of force training for law enforcement agencies and personnel, including de-escalation and bias training. (d) Independent Audit and Review.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall conduct an audit and review of the information provided under subsection (b)(2) to determine whether each State or Indian tribe receiving a grant under this section is in compliance with the requirements of this section. (e) Public Availability of Data.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, and each year thereafter, the Attorney General shall publish, and make available to the public, a report containing the data reported to the Attorney General under subsection (b)(2). (2) Privacy protections.--Nothing in this subsection shall be construed to supersede the requirements or limitations under section 552a of title 5, United States Code (commonly known as the ``Privacy Act of 1974''). (f) Guidance.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in coordination with the Director of the Federal Bureau of Investigation, shall issue guidance on best practices relating to establishing standard data collection systems that capture the information required to be reported under subsection (b)(2), which shall include standard and consistent definitions for terms, including the term ``use of force''. (g) Authorization of Appropriations.--There are authorized to be appropriated to the Attorney General such sums as are necessary to carry out this Act. | Police Reporting Information, Data, and Evidence Act of 2015 or the PRIDE Act Directs the Attorney General to make grants to states and Indian tribes that: (1) demonstrate that the use-of-force policy for their law enforcement officers is publicly available; and (2) report information on any incident involving the shooting of a civilian by a law enforcement officer or the shooting of an officer by a civilian and on any incident in which the use of force by an officer against a civilian, or the use of force by a civilian against an officer, results in serious bodily injury or death. Requires such information to include: the gender, race, ethnicity, and age of each individual who was shot, injured, or killed; the date, time, and location of the incident; whether the civilian was armed and, if so, the type of weapon; the type of force used against the officer, the civilian, or both; the number of officers and civilians involved; and a brief description regarding the circumstances surrounding the incident. Authorizes a grant to be used for: the cost of complying with such reporting requirements; the cost of establishing necessary systems required to investigate and report incidents; public awareness campaigns designed to gain information from the public on use of force against police officers; and use of force training for law enforcement agencies and personnel. Directs the Attorney General: (1) to publish an annual report containing the information reported, and (2) in coordination with the Federal Bureau of Investigation, to issue guidance on best practices relating to establishing standard data collection systems that capture such information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Open Book on Equal Access to Justice Act''. SEC. 2. MODIFICATION OF EQUAL ACCESS TO JUSTICE PROVISIONS. (a) Agency Proceedings.--Section 504 of title 5, United States Code, is amended-- (1) in subsection (c)(1), by striking ``, United States Code''; (2) by redesignating subsection (f) as subsection (i); and (3) by striking subsection (e) and inserting the following: ``(e)(1) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report to the Congress, not later than March 31 of each year, on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(2)(A) The report required by paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(B) The disclosure of fees and other expenses required under subparagraph (A) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(f) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this section: ``(1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available. ``(2) The name of the agency involved in the adversary adjudication. ``(3) A description of the claims in the adversary adjudication. ``(4) The name of each party to whom the award was made. ``(5) The amount of the award. ``(6) The basis for the finding that the position of the agency concerned was not substantially justified. ``(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or court order. ``(h) The head of each agency shall provide to the Chairman of the Administrative Conference in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).''. (b) Court Cases.--Section 2412(d) of title 28, United States Code, is amended by adding at the end the following: ``(5)(A) The Chairman of the Administrative Conference of the United States shall submit to the Congress, not later than March 31 of each year, a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection. The report shall describe the number, nature, and amount of the awards, the claims involved in each controversy, and any other relevant information that may aid the Congress in evaluating the scope and impact of such awards. The report shall be made available to the public online. ``(B)(i) The report required by subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to nondisclosure provisions. ``(ii) The disclosure of fees and other expenses required under clause (i) does not affect any other information that is subject to nondisclosure provisions in the settlement agreement. ``(C) The Chairman of the Administrative Conference shall include and clearly identify in the annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report-- ``(i) any amounts paid from section 1304 of title 31 for a judgment in the case; ``(ii) the amount of the award of fees and other expenses; and ``(iii) the statute under which the plaintiff filed suit. ``(6) The Chairman of the Administrative Conference shall create and maintain online a searchable database containing the following information with respect to each award of fees and other expenses under this subsection: ``(A) The case name and number, hyperlinked to the case, if available. ``(B) The name of the agency involved in the case. ``(C) The name of each party to whom the award was made. ``(D) A description of the claims in the case. ``(E) The amount of the award. ``(F) The basis for the finding that the position of the agency concerned was not substantially justified. ``(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or court order. ``(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).''. (c) Clerical Amendments.--Section 2412 of title 28, United States Code, is amended-- (1) in subsection (d)(3), by striking ``United States Code,''; and (2) in subsection (e)-- (A) by striking ``of section 2412 of title 28, United States Code,'' and inserting ``of this section''; and (B) by striking ``of such title'' and inserting ``of this title''. (d) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall first apply with respect to awards of fees and other expenses that are made on or after the date of the enactment of this Act. (2) Initial reports.--The first reports required by section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, shall be submitted not later than March 31 of the calendar year following the first calendar year in which a fiscal year begins after the date of the enactment of this Act. (3) Online databases.--The online databases required by section 504(f) of title 5, United States Code, and section 2412(d)(6) of title 28, United States Code, shall be established as soon as practicable after the date of the enactment of this Act, but in no case later than the date on which the first reports under section 504(e) of title 5, United States Code, and section 2412(d)(5) of title 28, United States Code, are required to be submitted under paragraph (2) of this subsection. | Open Book on Equal Access to Justice Act Amends the Equal Access to Justice Act and the federal judicial code to require the Chairman of the Administrative Conference of the United States to report to Congress annually on the amount of fees and other expenses awarded to prevailing parties other than the United States in certain administrative proceedings and civil action court cases (excluding tort cases) to which the United States is a party, including settlement agreements. Requires that such reports: (1) describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards; and (2) be made available to the public online. Directs the Chairman to create and maintain online a searchable database containing specified information with respect to each award, including the name of the agency involved, the name of each party to whom the award was made, the amount of the award, and the basis for finding that the position of the agency concerned was not substantially justified. Directs the head of each agency, including the Attorney General, to provide the Chairman all information requested to comply with such requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small System Safe Drinking Water Act of 2005''. SEC. 2. COMPLIANCE AND ENFORCEMENT. (a) Guidance.--Section 1412(b)(4)(E) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(4)(E)) is amended by adding at the end the following: ``(vi) Guidance.--As soon as practicable after the date of enactment of this clause, the Administrator shall-- ``(I) convene a working group composed of representatives from States, small publicly-owned water systems, and treatment manufacturers, which shall, not later than 180 days after the date of enactment of this clause, conduct a study of, and submit to the Administrator a report on, barriers to the use of point-of-use and point-of-entry treatment units, package plants, including water bottled by the public water system, and modular units; ``(II) develop a model guidance document based on recommendations received from the working group under subclause (I) and similar State guidance documents for distribution to States to assist States in regulating and promoting the treatment options described in subclause (I); and ``(III) distribute to small water systems-- ``(aa) the model guidance document developed under subclause (II); and ``(bb) such other information relating to the treatment options described in subclause (I) as the Administrator considers to be appropriate.''. (b) Enforcement of National Primary Drinking Water Regulations.-- (1) Health effects.--Section 1412(b)(3)(C) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(3)(C)) is amended by adding at the end the following: ``(v) Health effects.--When proposing any national primary drinking water regulation that includes a maximum containment level, health effects shall be clearly translated into-- ``(I) the quantity of water that an individual can consume; and ``(II) the length of time that may elapse before the effects of a contaminate can occur.''. (2) Feasible technologies.--Section 1412(b)(4)(E)(i) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(4)(E)(i)) is amended by adding at the end: ``The technologies shall reflect the different water sources from various regions of the United States.''. (3) Variance technologies.--Section 1412(b)(15) of the Safe Drinking Water Act (42 U.S.C. 300g-1(b)(15)) is amended-- (A) in subparagraph (A)-- (i) by redesignating clauses (i) through (iii) as subclauses (I) through (III), respectively, and indenting appropriately; (ii) by striking ``(A) In general.--At the'' and inserting the following: ``(A) Technologies.-- ``(i) In general.--At the''; and (iii) by adding after the matter following subparagraph (A)(i)(III) (as redesignated by clause (i)) the following: ``(B) Affordability.--In establishing affordability criteria under this subparagraph, the Administrator shall-- ``(i) in determining whether a treatment technology or treatment technique is affordable, include consideration of costs associated with complying with all relevant regulations promulgated in accordance with this Act and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) with which a municipality or small public water system may be required to comply; ``(ii) give extra weight to households the total income of which is below the poverty level, and to communities that meet the affordability criteria of a State established in accordance with section 1452(b)(3)(A)(iii), as determined by the Administrator; and ``(iii) ensure that the affordability criteria are not more costly, on a per-capita basis, to a small public water system than the cost, on a per-capita basis, to a large water system of acquiring feasible technology described in paragraph (4).''. (B) by adding at the end the following: ``(E) Enforcement.--No national primary drinking water regulation promulgated under this Act to regulate a public water system serving a population of less than 10,000 individuals may be enforced by the Administrator or a State unless a variance technology has been identified in accordance with this paragraph.''. (4) Effect of bilateral compliance agreement.--Section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1) is amended by adding at the end the following: ``(f) Effect of Bilateral Compliance Agreement.--A system that has entered into a bilateral compliance agreement with the State, and complied with that agreement, shall be considered to be in compliance with the Federal drinking water standard that is the subject of the compliance agreement for the duration of the agreement.''. (5) State revolving loan funds.--Section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) is amended-- (A) by redesignating subsections (n), (o), (p), (q), and (r) as subsection (o), (p), (q), (r), and (s) respectively; and (B) by inserting after subsection (m) the following: ``(n) Enforcement.--No national primary drinking water regulation promulgated under this Act may be enforced by the Administrator or a State unless sufficient funds are available under this title to assist each public water system in meeting the regulation.''. (c) Renewal of Exemption.--Section 1416(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g-5(b)(2)) is amended by striking subparagraph (C) and inserting the following: ``(C) In the case of a system that does not serve more than a population of 10,000 and that needs financial assistance for the necessary improvements, an exemption granted under clause (i) or (ii) of subparagraph (B) may be renewed for such period as the State determines to be appropriate, if the system establishes that it is taking all practicable steps to meet the requirements of subparagraph (B).''. (d) Research, Technical Assistance, Information, and Training of Personnel.--Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300i) is amended-- (1) by striking subsection (d) and inserting the following: ``(d) Research and Development Pilot Projects.-- ``(1) In general.--The Administrator shall establish a research pilot program (referred to in this subsection as the `program') to explore new technologies or approaches that public water systems may use to comply with a public drinking water standard promulgated under this Act. ``(2) Responsibilities of administrator.--In carrying out this subsection, the Administrator shall-- ``(A) establish an application process that includes criteria that may be used to assess water systems applying for participation in the program; ``(B) based on applications received under subparagraph (A), select 20 communities with various populations and water sources in different regions of the United States for participation in the program; ``(C) fund projects that develop or implement new technologies or approaches for implementation of Federal drinking water standards; and ``(D) coordinate projects with the Arsenic Water Technology Partnership program of the Department of Energy. ``(3) Technology transfer and disinfection strategies.--The Administrator shall carry out a pilot program to conduct research into technology transfer issues and disinfection strategies relating to drinking water, including risks associated with the migration to chloramines for the purpose of water disinfection.''; and (2) in subsection (e)-- (A) in the first sentence, by striking ``The Administrator'' and inserting the following: ``(1) In general.--The Administrator''; (B) in the second sentence, by striking ``Such assistance'' and inserting the following: ``(2) Types of assistance.--Assistance provided under paragraph (1)''; (C) in the third sentence, by striking ``The Administrator'' and inserting the following: ``(3) Availability of assistance.--The Administrator''; (D) in the fourth sentence, by striking ``Each nonprofit'' and inserting the following: ``(4) Consultation with state.--Each nonprofit''; and (E) by striking the fifth sentence and all that follows through the end of the subsection and inserting the following: ``(5) Assistance in complying with rules.--The Administrator shall ensure, to the maximum extent practicable, that each water system required to comply with Federal drinking water rules receives adequate technical assistance and training to meet the requirements of those final rules, including through assistance to be provided by qualified nonprofit associations with expertise in public water systems. ``(6) Priority.--The Administrator shall give priority for assistance under this section to water systems that, as of the date of enactment of this paragraph, are not in compliance with, as determined by the Administrator-- ``(A) the final rule entitled `Disinfectants and Disinfection Byproducts' and published by the Administrator on December 16, 1998 (63 Fed. Reg. 69390); or ``(B) the final rule entitled `Arsenic and Clarifications to Compliance and New Source Contaminants Monitoring' and published by the Administrator on January 22, 2001 (66 Fed. Reg. 6976). ``(7) Enforcement action.--The Administrator shall not initiate any enforcement action against a water system under this Act unless the Administrator first provides to the water system assistance in accordance with this subsection. ``(8) Funding.-- ``(A) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $15,000,000 for each of fiscal years 2006 through 2010. ``(B) Lobbying expenses.--No portion of any State revolving loan fund established under section 1452, and no portion of any funds made available under this subsection, may be used for lobbying expenses. ``(C) Tribal assistance.--Of the amount made available under subparagraph (A) for a fiscal year, at least 3 percent shall be used for technical assistance to public water systems owned or operated by Indian Tribes.''. (e) Contaminant Study and Report.-- (1) Establishment of panel.--The Administrator of the Environmental Protection Agency (referred to in this subsection as the ``Administrator'') shall establish a panel of experts composed of not more than 6 members appointed by the Administrator, of whom-- (A) 1 member shall be selected by the Administrator; (B) 1 member shall be appointed based on the recommendation of State water administrators; (C) 3 members shall be appointed based on the recommendation of associations representing public water systems; and (D) 1 member shall be appointed based on the recommendation of the National Academy of Sciences. (2) Duties.--The panel of experts shall-- (A) conduct a review of studies on the health effects of exposure to arsenic and disinfection byproducts; and (B) not later than 180 days after the date of enactment of this Act, submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that includes-- (i) the results of the review; and (ii) an assessment of the most recent scientific findings relating to the health effects of exposure to the substances described in subparagraph (A), including a comparison of studies and research conducted after the date on which maximum contaminant levels and maximum contaminant level goals for those substances were established in accordance with section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1). | Small System Safe Drinking Water Act of 2005 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA): (1) to convene a working group to study barriers to using specified treatments; (2) to develop model guidance to assist states in regulating and promoting such treatment options; and (3) when proposing a national standard for drinking water that includes a maximum containment level, to translate health effects into the quantity of water an individual can consume and the timeframe that may elapse before the effects of a contaminate can occur. Requires: (1) feasible technologies to reflect water sources from various regions of the United States; and (2) the Administrator to consider specified cost factors when establishing affordability criteria for variance technology. Prohibits the Administrator or a state from enforcing a national primary drinking water regulation when: (1) variance technology is not identified in guidance or regulations for public water systems serving a population of less than 10,000; and (2) sufficient funds are not available to assist each system in meeting regulations. Considers a system that conforms to a bilateral compliance agreement with the state to be in compliance with related federal drinking water standards. Revises provisions allowing an exemption of a system from maximum containment level and treatment technique requirements to: (1) increase the population threshold; and (2) allow state determinations of a renewal period. Establishes pilot programs to: (1) explore new technologies or approaches to comply with a standard; and (2) research technology transfer issues and disinfection strategies. Revises technical assistance provisions to require water systems to receive adequate technical assistance and training to meet requirements of final rules. Gives priority to systems not in compliance with specified rules concerning: (1) disinfectants and disinfection byproducts; and (2) arsenic and compliance and new source monitoring. Prohibits enforcement by the Administrator against a system unless adequate technical assistance and training are first provided. Authorizes appropriations through FY2010. Requires the Administrator to establish a panel to study the health effects of exposure to arsenic and disinfection byproducts. |
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 Study 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: ``(161) White Clay Creek, Delaware and Pennsylvania.-- ``(A) Segments.--The 191 miles of river segments of White Clay Creek (including tributaries of the Creek and all second order tributaries of the designated segments) in the States of Delaware and Pennsylvania (referred to in this paragraph as the `Creek'), as depicted on the recommended designation and classification maps, as follows: ``(i) 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. ``(ii) 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. ``(iii) 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. ``(iv) 20.9 miles of the middle branch, beginning at the headwaters within Londonderry township downstream to the boundary of the White Clay Creek Preserve in London Britain township, as a recreational river. ``(v) 2.1 miles of the west branch that flow within the boundaries of the White Clay Creek Preserve in London Britain township, as a scenic river. ``(vi) 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. ``(vii) 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. ``(viii) 27.5 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 confluence of the White Clay Creek with the Christina River, as a recreational river. ``(ix) 1.3 miles of Middle Run outside the boundaries of the Middle Run Natural Area, as a recreational river. ``(x) 5.2 miles of Middle Run that flow within the boundaries of the Middle Run Natural Area, as a scenic river. ``(xi) 15.6 miles of Pike Creek, as a recreational river. ``(xii) 38.7 miles of Mill Creek, as a recreational river. ``(B) Boundaries.-- ``(i) In general.--Except as provided in clause (ii), action required to be taken under subsection (b) shall be taken not later than 1 year after the date of enactment of this paragraph, except that, with respect to the segments designated by subparagraph (A), in lieu of the boundaries provided for in subsection (b), the boundaries of the segments shall be the greater of-- ``(I) the 500-year floodplain; or ``(II) 250 feet as measured from the ordinary high water mark on both sides of the segment. ``(ii) Exceptions.--The boundary limitations described in clause (i) are inapplicable to-- ``(I) the areas described in subparagraph (D)(i); and ``(II) the properties, as generally depicted on the map entitled ``White Clay Creek Wild and Scenic River Study Area Recommended Designated Area'', dated June 1999, on which are located the surface water intakes and water treatment and wastewater treatment facilities of-- ``(aa) the City of Newark, Delaware; ``(bb) the corporation known as United Water Delaware; and ``(cc) the Borough of West Grove, Pennsylvania. ``(C) Administration.-- ``(i) In general.--The segments designated by subparagraph (A) shall be administered by the Secretary of the Interior (referred to in this paragraph 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 and Its Tributaries Watershed Management Plan'' and dated May 1998 (referred to in this paragraph as the `Management Plan'). ``(ii) Requirement for comprehensive management plan.--The Management Plan shall be considered to satisfy the requirements for a comprehensive management plan under subsection (d). ``(D) Churchman's marsh, lamborn run, and other properties.-- ``(i) In general.--Churchman's Marsh, Lamborn Run, and the properties on which the intake structures and pipelines for the proposed Thompson's Station Reservoir shall be located shall be considered suitable for designation as components of the National Wild and Scenic Rivers System only at such time as those areas are removed from consideration as locations for the reservoir under the comprehensive plan of the Delaware River Basin Commission. ``(ii) Subsequent designations.--Nothing in this paragraph prohibits the designation of an area described in clause (i) as a component of the National Wild and Scenic Rivers System if, on a date after the date of enactment of this paragraph, the additional segment is determined to be suitable for such designation. ``(iii) Assistance for subsequent designations.-- The Secretary shall offer assistance as authorized in subparagraph (E) to the State of Delaware and New Castle County, Delaware, if an area described in clause (i) is subsequently determined to be suitable for designation as a component of the National Wild and Scenic Rivers System and is so designated. ``(E) Management.-- ``(i) In general.--The segments designated by subparagraph (A) shall be managed in accordance with the Management Plan. ``(ii) Federal role.-- ``(I) In general.--The Director of the National Park Service (or a designee) shall represent the Secretary in the implementation of the Management Plan and this paragraph (including the review, required under section 7(a), of proposed federally-assisted water resources projects that could have a direct and adverse effect on the values for which the segments were designated and authorized). ``(II) Assistance.--To assist in the implementation of the Management Plan and to carry out this paragraph, 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. ``(iii) Cooperative agreements.--Any cooperative agreement entered into under section 10(e) relating to any of the segments designated by subparagraph (A)-- ``(I) shall be consistent with the Management Plan; and ``(II) may include provisions for financial or other assistance from the United States to facilitate the long-term protection, conservation, and enhancement of the segments. ``(iv) State requirements.--State and local zoning laws and ordinances, as in effect on the date of enactment of this paragraph, shall be considered to satisfy the standards and requirements under section 6(c). ``(v) National park system.--Notwithstanding section 10(c), any portion of a segment designated by subparagraph (A) that is not in the National Park System as of the date of enactment of this paragraph shall not, under this paragraph-- ``(I) be considered a part of the National Park System; ``(II) be managed by the National Park Service; or ``(III) be subject to laws (including regulations) that govern the National Park System. ``(vi) 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 for the purpose of carrying out this paragraph.''. | 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. Considers Churchman's Marsh, Lamborn Run, and the properties on which the intake structures and pipelines for the proposed Thompson's Station Reservoir shall be located suitable for designation as components of the NWSRS only at such time as those areas are removed from consideration as locations for the Reservoir under the comprehensive plan of the Delaware River Basin Commission. Provide that nothing in this Act shall prohibit such designation if, after the enactment of this Act, the additional segment is determined to be suitable. 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 the ``Make College Affordable Act of 2005''. SEC. 2. EXPANSION OF DEDUCTION FOR HIGHER EDUCATION EXPENSES. (a) Amount of Deduction.--Subsection (b) of section 222 of the Internal Revenue Code of 1986 (relating to deduction for qualified tuition and related expenses) is amended to read as follows: ``(b) Limitations.-- ``(1) Dollar limitations.-- ``(A) In general.--Except as provided in paragraph (2), the amount allowed as a deduction under subsection (a) with respect to the taxpayer for any taxable year shall not exceed the applicable dollar limit. ``(B) Applicable dollar limit.--The applicable dollar limit for any taxable year shall be determined as follows: Applicable ``Taxable year: dollar amount: 2005.......................................... $8,000 2006 and thereafter........................... $12,000. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--The amount which would (but for this paragraph) be taken into account under subsection (a) shall be reduced (but not below zero) by the amount determined under subparagraph (B). ``(B) Amount of reduction.--The amount determined under this subparagraph equals the amount which bears the same ratio to the amount which would be so taken into account as-- ``(i) the excess of-- ``(I) the taxpayer's modified adjusted gross income for such taxable year, over ``(II) $65,000 ($130,000 in the case of a joint return), bears to ``(ii) $15,000 ($30,000 in the case of a joint return). ``(C) Modified adjusted gross income.--For purposes of this paragraph, the term `modified adjusted gross income' means the adjusted gross income of the taxpayer for the taxable year determined-- ``(i) without regard to this section and sections 199, 911, 931, and 933, and ``(ii) after the application of sections 86, 135, 137, 219, 221, and 469. For purposes of the sections referred to in clause (ii), adjusted gross income shall be determined without regard to the deduction allowed under this section. ``(D) Inflation adjustments.-- ``(i) In general.--In the case of any taxable year beginning in a calendar year after 2005, both of the dollar amounts in subparagraph (B)(i)(II) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 2004' for `calendar year 1992' 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.''. (b) Qualified Tuition and Related Expenses of Eligible Students.-- (1) In general.--Section 222(a) of the Internal Revenue Code of 1986 (relating to allowance of deduction) is amended by inserting ``of eligible students'' after ``expenses''. (2) Definition of eligible student.--Section 222(d) of such Code (relating to definitions and special rules) is amended by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Eligible student.--The term `eligible student' has the meaning given such term by section 25A(b)(3).''. (c) Deduction Made Permanent.--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 the amendments made by section 431 of such Act. (d) Effective Date.--The amendments made by this section shall apply to payments made in taxable years beginning after December 31, 2004. SEC. 3. CREDIT FOR INTEREST ON HIGHER EDUCATION LOANS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25B the following new section: ``SEC. 25C. INTEREST ON HIGHER EDUCATION LOANS. ``(a) Allowance of Credit.--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 interest paid by the taxpayer during the taxable year on any qualified education loan. ``(b) Maximum Credit.-- ``(1) In general.--Except as provided in paragraph (2), the credit allowed by subsection (a) for the taxable year shall not exceed $1,500. ``(2) Limitation based on modified adjusted gross income.-- ``(A) In general.--If the modified adjusted gross income of the taxpayer for the taxable year exceeds $50,000 ($100,000 in the case of a joint return), the amount which would (but for this paragraph) be allowable as a credit under this section shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so allowable as such excess bears to $20,000 ($40,000 in the case of a joint return). ``(B) Modified adjusted gross income.--The term `modified adjusted gross income' means adjusted gross income determined without regard to sections 199, 222, 911, 931, and 933. ``(C) Inflation adjustment.--In the case of any taxable year beginning after 2005, the $50,000 and $100,000 amounts referred to in subparagraph (A) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2004' for `1992'. ``(D) Rounding.--If any amount as adjusted under subparagraph (C) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. ``(c) Dependents not Eligible for Credit.--No credit shall be allowed by this section to an individual for the taxable year if a deduction under section 151 with respect to such individual is allowed to another taxpayer for the taxable year beginning in the calendar year in which such individual's taxable year begins. ``(d) Limit on Period Credit Allowed.--A credit shall be allowed under this section only with respect to interest paid on any qualified education loan during the first 60 months (whether or not consecutive) in which interest payments are required. For purposes of this paragraph, any loan and all refinancings of such loan shall be treated as 1 loan. ``(e) Definitions.--For purposes of this section-- ``(1) Qualified education loan.--The term `qualified education loan' has the meaning given such term by section 221(d)(1). ``(2) Dependent.--The term `dependent' has the meaning given such term by section 152. ``(f) Special Rules.-- ``(1) Denial of double benefit.--No credit shall be allowed under this section for any amount taken into account for any deduction under any other provision of this chapter. ``(2) Married couples must file joint return.--If the taxpayer is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the taxpayer and the taxpayer's spouse file a joint return for the taxable year. ``(3) Marital status.--Marital status shall be determined in accordance with section 7703.''. (b) Conforming Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25B the following new item: ``Sec. 25C. Interest on higher education loans.''. (c) Effective Date.--The amendments made by this section shall apply to any qualified education loan (as defined in section 25C(e)(1) of the Internal Revenue Code of 1986, as added by this section) incurred on, before, or after the date of the enactment of this Act, but only with respect to any loan interest payment due after December 31, 2004. | Make College Affordable Act of 2005 - Amends the Internal Revenue Code to: (1) increase the amount of the tax deduction for higher education tuition and related expenses; and (2) allow a tax credit for up to $1,500 of the interest paid annually on certain student loans for higher education expenses. Reduces the allowable amount of both the tax deduction and the tax credit based upon taxpayer adjusted gross income levels. Provides for an inflation adjustment for calendar years after 2005 to such adjusted gross income levels. Makes the tax deduction for higher education tuition and related expenses permanent. |
SECTION 1. SHORT TITLE. This Act may be cited to as the ``Renewable Energy Jobs Act''. SEC. 2. ALTERNATIVE ENERGY TRAINING AND EMPLOYMENT PROGRAM. (a) Pilot Program.--The Secretary of Labor shall carry out a pilot program to award competitive grants to States to train individuals for careers in the renewable energy and energy efficiency industries. (b) Grant Awards.--The Secretary shall award grants under the pilot program to the five States with the highest installed alternative energy power capacity. (c) Application.-- (1) In general.--A State that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. (2) Contents.--A grant application under the pilot program shall include the following: (A) Evidence of the installed alternative energy power capacity for wind, solar, and geothermal facilities in that State. (B) A description of how the funds will be used to establish and administer a program designed to provide skills training or on-the-job training for a significant number of individuals and ensure lasting and sustainable employment in the renewable energy and energy efficiency industries. (C) A description of the State's option to coordinate with its State and local workforce investment boards and Energy Efficiency Industry Councils in carrying out a program funded by a grant under this Act, including through partnerships of local boards with renewable energy and energy efficiency employers and other appropriate providers of training services. (D) A description of the skills training, on-the- job training, or both that may be offered to individuals by grant recipients, and how this training will lead to an industry-recognized certificate or similar credential. (E) A description of how the State plans to prioritize grants among grant recipients. (F) A description of how the grant may be used to support existing programs focused on renewable energy job creation. (d) Grant Amount.--The Secretary shall ensure that grants are of sufficient size to enable States to carry out all required activities. (e) Duration of Grant.--A grant under this section shall be for a period of 3 years. (f) Use of Funds.--A State receiving a grant under this section shall use the grant funds to-- (1) reimburse a renewable energy and energy efficiency employer for the cost of providing on-the-job training; (2) reimburse any of the following entities for the cost of providing skills training (or on-the-job training if in partnership with an energy efficient employer)-- (A) a labor organization; (B) a postsecondary educational institution; or (C) nonprofit organizations; and (3) conduct outreach to inform renewable energy and energy efficiency employers, labor organizations, postsecondary educational institutions, non-profit organizations, and the general public, including individuals in rural areas and Indian tribes, of their eligibility or potential eligibility for participation in the program. (g) Conditions.--Under the pilot program, a grant to a State shall be subject to the following conditions: (1) The State shall repay to the Secretary, on such date as shall be determined by the Secretary, any amount received under the pilot program that is not used for the purposes described in subsection (f). (2) The State shall submit to the Secretary, at such times and containing such information as the Secretary shall require, reports on the use of grant funds. (3) The State shall ensure that any employer or other entity receiving a grant under this Act shall pay each individual receiving on-the-job training provided by such employer or entity not less than the applicable minimum wage for the State or locality in which such training is provided. (h) Requirements of Grant Recipients.--In order to receive a grant made by a State under the pilot program, an entity described in subsection (f) shall-- (1) submit an application to the State that includes such other information and assurances as the State may require; and (2) agree to submit to the State, for each quarter, a report containing such information as the Secretary may specify. (i) Limitation on Administrative Costs.-- (1) Federal administration.--Of the amounts appropriated pursuant to the authorization of appropriations under subsection (l), 2 percent shall be made available to the Secretary for administrative costs associated with implementing and evaluating the pilot program under this section and for preparing and submitting the report required under subsection (j). (2) State administration.--The Secretary shall determine the appropriate maximum amount of each grant awarded under this section that may be used by the recipient for administrative and reporting costs. (j) Report to Congress.--The Secretary shall submit to Congress an annual report on the pilot program for each year of the grant period. The report on the pilot program shall include a detailed description of activities carried out under this section and an evaluation of the program, and how many participants were employed by renewable energy and energy efficiency employers within 6 months of completing the training. (k) Appropriations.--There is authorized to be appropriated to the Secretary $10,000,000 for each of fiscal years 2015 through 2017, for the purpose of carrying out the pilot program. (l) Definitions.--For purposes of this section: (1) The term ``Indian tribe'' has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (2) The term ``installed alternative energy power capacity'' means the amount of wind, solar, and geothermal power generation, expressed in megawatts, installed in a State. (3) The term ``labor organization'' has the meaning given such term in section 2 of the National Labor Relations Act. (4) The term ``on-the-job training'' means training by renewable energy and energy efficiency employers, a labor organization, a postsecondary educational institution, or a nonprofit organization that is provided to a paid participant while engaged in productive work that-- (A) provides knowledge or skills essential to the full and adequate performance of the job; (B) provides reimbursement to the employer for the costs of providing the training and additional supervision related to the training; and (C) is limited in duration as appropriate to the occupation for which the participant is being trained, taking into account the content of the training, the prior work experience of the participant, and the service strategy of the participant, as appropriate. (5) The term ``postsecondary educational institution'' has the meaning given such term in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801). (6) The term ``renewable energy and energy efficiency employer'' means an entity that employs individuals in a trade or business in the renewable energy and energy efficiency industries. (7) The term ``renewable energy and energy efficiency industries'' means any of the following industries: (A) The energy-efficient building, construction, or retrofits industry. (B) The renewable electric power industry, including the wind, solar, and geothermal energy industries. (C) The energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. (8) The term ``skills training'' means training by a labor organization, a postsecondary educational institution, or a nonprofit organization that provides the knowledge and skills essential to specific jobs in the renewable energy and energy efficiency industries. (9) The term ``State'' includes each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, the Republic of Palau, and the territories and possessions of the United States. (10) The term ``workforce investment board'' refers to a State or local workforce investment board established pursuant to the Workforce Investment Act of 1998 (20 U.S.C. 2801 et seq.) or its successor statute, the Workforce Innovation and Opportunity Act, that coordinates job training programs for that State or local area under that Act. | Renewable Energy Jobs Act This bill requires the Department of Labor to carry out a pilot program to train individuals for careers in renewable energy and energy efficiency industries, specifically: the energy-efficient building, construction, or retrofits industry; the renewable electric power industry, including the wind, solar, and geothermal energy industries; or the energy efficiency assessment industry that serves the residential, commercial, or industrial sectors. Labor must also award grants under the program to the five states with the highest installed alternative energy power capacity, which is the amount of wind, solar, and geothermal power generation installed in a state. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Fetal Alcohol Syndrome Prevention Act''. SEC. 2. PREVENTION OF FETAL ALCOHOL SYNDROME; PROGRAM OF NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM. Subpart 14 of part C of title IV of the Public Health Service Act (42 U.S.C. 285n et seq.) is amended by adding at the end the following section: ``fetal alcohol syndrome ``Sec. 464K. (a) In General.--The Director of the Institute shall establish a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the cause, diagnosis, prevention, and treatment of fetal alcohol syndrome and the related condition known as fetal alcohol effects (which syndrome and effects are referred to collectively in this section as `fetal alcohol conditions'). ``(b) Interagency Coordinating Committee.-- ``(1) In general.--Subject to paragraph (6), the Secretary shall establish a committee to be known as the Interagency Coordinating Committee on Fetal Alcohol Syndrome (in this subsection referred to as the `Coordinating Committee'). ``(2) Duties.--With respect to fetal alcohol conditions, the Coordinating Committee shall-- ``(A) coordinate the activities of the National Institutes of Health; and ``(B) coordinate the aspects of all Federal health programs and activities relating to such conditions in order to assure the adequacy and technical soundness of such programs and activities, and in order to provide for the full communication and exchange of information necessary to maintain adequate coordination of such programs and activities. ``(3) Composition.--The Coordinating Committee shall be composed of-- ``(A) the directors of each of the national research institutes, and the heads of other agencies of the National Institutes of Health, that are involved in research on fetal alcohol conditions; and ``(B) representatives of all other Federal departments and agencies whose programs involve health functions or responsibilities relevant to such conditions. ``(4) Chair.--The Secretary shall designate a member of the Coordinating Committee to serve as the chair of the Committee. The Committee shall meet at the call of the Chair, but not less than four times a year. ``(5) Annual report.-- ``(A) In carrying out paragraph (2), the Coordinating Committee shall comply with the following: ``(i) Identify and monitor all activities regarding fetal alcohol conditions that are conducted or supported by the Department of Health and Human Services and other Federal departments or agencies. ``(ii) Identify the goals expected to be achieved through the activities. ``(iii) Conduct evaluations of the extent to which the activities have been effective in achieving such goals. ``(iv) Determine the extent to which the activities have been coordinated with each other. ``(v) Make recommendations on the activities that should be carried out, on priorities among the activities, and on the coordination of the activities. ``(B) Subject to paragraph (6)(B), the Coordinating Committee shall, for each fiscal year, prepare and submit to the Congress a report detailing the activities of the Committee in carrying out the duties of the Committee for the fiscal year. The Coordinating Committee shall submit copies of each such report to the Secretary, the Director of NIH, the officials specified in paragraph (3)(A), and the advisory council for the Institute. Except as provided in paragraph (6)(B), each such report shall be submitted not later than February 1 of the fiscal year following the fiscal year for which the report is prepared. ``(6) Initial intradepartmental status of committee.-- ``(A) During fiscal years 1996 and 1997, the Secretary shall ensure that individuals appointed to the Coordinating Committee under paragraph (3)(B) include only officers or employees of the Department of Health and Human Services, and that the duties of the Coordinating Committee are carried out only with respect to such Department. ``(B) The first report under subparagraph (B) of paragraph (5) shall concern fiscal years 1996 and 1997, and shall consist of the findings and recommendations made by the Coordinating Committee in applying subparagraph (A) of such paragraph to the Department of Health and Human Services. Such report shall be submitted not later than February 1, 1998. ``(7) Prevention activities.--With respect to activities for the prevention of fetal alcohol conditions-- ``(A) the Coordinating Committee shall, as soon as is practicable after the date on which this section takes effect, develop recommendations under paragraph (5)(A) regarding the Department of Health and Human Services; and ``(B) such Committee shall, as soon as is practicable after October 1, 1997, develop recommendations under such paragraph regarding other departments and agencies of the Federal Government. ``(c) Certain Activities.-- ``(1) In general.--Activities under subsection (a) regarding fetal alcohol conditions shall include conducting and supporting basic and applied research, including epidemiological research; demonstrations; the training of health professionals, including the development of professional practice standards for detecting and preventing such conditions in pregnant women and for counseling such women; the evaluation of programs, including training programs; and the dissemination of diagnostic criteria. Activities under such subsection shall include the provision of technical assistance to public and nonprofit private entities that carry out such programs. ``(2) Prevention; public awareness.-- ``(A) With respect to the prevention of fetal alcohol conditions, each of the requirements of paragraph (1) regarding the conduct and support of various types of activities shall be carried out, except to the extent inapplicable to prevention activities. Activities conducted or supported pursuant to the preceding sentence shall include carrying out a comprehensive program to educate health professionals and the general public, and shall include programs directed toward at-risk populations. Programs under this paragraph that are directed toward particular populations shall be provided in the language and cultural context most appropriate for the population involved. ``(B) In the conduct and support of activities under subparagraph (A), special emphasis shall be placed upon the utilization of collaborative efforts with both the public and private sectors for the purpose of-- ``(i) increasing the awareness and knowledge of health professionals and the public regarding the prevention of fetal alcohol conditions; and ``(ii) developing and disseminating to health professionals, patients and patient families, and the public information designed to encourage individuals to adopt healthful practices concerning the prevention of such conditions. ``(d) Uniform Criteria for Collection and Reporting of Data.--In order to provide for the comparability of data on fetal alcohol conditions, the Secretary shall, to the extent practicable, develop uniform criteria for the collection and reporting of such data by or through the National Institutes of Health and the other agencies of the Department of Health and Human Services. The Secretary shall encourage the States to utilize such criteria. ``(e) Collaborative Activities.--The Secretary may require that an activity under this section be carried out in collaboration with or through one or more of the other agencies of the Department of Health and Human Services, and amounts made available under subsection (f) are available to the Secretary for such purpose. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1996 through 2000.''. | Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the cause, diagnosis, prevention, and treatment of fetal alcohol syndrome and fetal alcohol effects; and (2) the Interagency Coordinating Committee on Fetal Alcohol Syndrome. Mandates development of uniform criteria for the collection and reporting of data on fetal alcohol conditions by or through agencies of the Department of Health and Human Services (HHS). Authorizes the Secretary of HHS to require that an activity under these provisions be carried out in collaboration with or through one or more of the other agencies of HHS. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness and Accuracy in Employment Background Checks Act of 2010''. SEC. 2. SAFEGUARDS FOR BACKGROUND CHECKS. The Attorney General shall establish and enforce procedures to ensure the prompt release of accurate records and information exchanged for employment-related purposes through the records system created under section 534 of title 28, United States Code. SEC. 3. REQUIRED PROCEDURES. The procedures established under section 2 shall include the following: (1) Inaccurate record or information.--If the Attorney General determines that a record or information is inaccurate, the Attorney General shall promptly correct that record or information or, if appropriate, promptly make any changes or deletions to the records or information. (2) Incomplete record or information.-- (A) If the Attorney General determines that a record or information is incomplete or cannot be verified, the Attorney General shall attempt to complete or verify the record or information, and if the Attorney General is unable to do so, the Attorney General may promptly make any changes or deletions to the record or information. (B) For the purposes of this paragraph, an incomplete record or information includes a record or information that indicates there was an arrest and does not include the disposition of that arrest. (C) If the record or information is an incomplete record or information described in subparagraph (B), the Attorney General shall, not later than 10 days after the requesting entity requests the exchange and before the exchange is made, obtain the disposition (if any) of the arrest. (3) Notification of reporting jurisdiction.--The Attorney General shall notify each appropriate reporting jurisdiction of any action taken under paragraph (1) or (2). (4) Opportunity to review records or information by applicant.--In connection with an exchange of such a record or information, the Attorney General shall-- (A) obtain the consent of the applicant to exchange the record or information with the requesting entity; (B) at the time of consent, notify the applicant that the applicant can obtain a copy of the record or information; (C) provide to the applicant an opportunity to obtain a copy of the record or information upon request and to challenge the accuracy and completeness of that record or information; (D) promptly notify the requesting entity of any such challenge; (E) not later than 30 days after the challenge is made, complete an investigation of the challenge; (F) provide to the applicant the specific findings and results of that investigation; (G) promptly make any changes or deletions to the records or information required as a result of the challenge; and (H) report those changes to the requesting entity. (5) Certain exchanges prohibited.--An exchange shall not include any record or information-- (A) about an arrest more than one year old as of the date of the request for the exchange, that does not also include a disposition (if any) of that arrest; (B) relating to an adult or juvenile non-serious offense of the sort described in section 20.32(b) of title 28, Code of Federal Regulations, as in effect on July 1, 2009; or (C) to the extent the record or information is not clearly an arrest or a disposition of an arrest. SEC. 4. FEES. The Attorney General may collect reasonable fees for all exchanges of records or information for employment-related purposes through the records system created under section 534 of title 28, United States Code, to defray the costs associated with exchanges for those purposes, including any costs associated with the investigation of inaccurate or incomplete records or information. SEC. 5. REGULATIONS ON REASONABLE PROCEDURES. Not later than 1 year after the date of the enactment of this Act, the Attorney General shall issue regulations to carry out this Act. SEC. 6. ANNUAL REPORTS ON PROCEDURES. For each of the first 3 years after the date of enactment of this Act, the Attorney General shall submit an annual report to Congress that includes-- (1) the number of exchanges of records or information for employment-related purposes made with entities in each State through the records system created under section 534 of title 28, United States Code; (2) appropriate statistical information to determine whether the exchange of records or information about arrests that did not result in convictions is affecting the employment opportunities of employees to whom those records or information pertain; (3) any prolonged failure of a reporting jurisdiction to comply with a request by the Attorney General for information about dispositions of arrests; (4) the percent of missing arrest dispositions located within the time limit required by this Act; and (5) the numbers of successful and unsuccessful challenges to the accuracy and completeness of records or information, by State where the records and information originated. SEC. 7. REPORT ON STATUTORY AND REGULATORY RESTRICTIONS AND DISQUALIFICATIONS BASED ON CRIMINAL RECORDS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Attorney General shall report to Congress on all Federal statutes, regulations, and policies providing employment restrictions and disqualifications based on criminal records. (b) Identification of Information.--In the report, the Attorney General shall identify each occupation or position to which such restrictions or disqualifications apply, and for each such occupation or position, include-- (1) a description of the restriction or disqualification; (2) the duration of the restriction or disqualification; (3) an evaluation of the rationale for the restriction or disqualification and its continuing usefulness; (4) the procedures, if any, to appeal, waive or exempt the restriction or disqualification based on a showing of rehabilitation or other relevant evidence; (5) any information available about the numbers of individuals restricted or disqualified on the basis of a criminal record; and (6) the identity of the Federal agency with jurisdiction over the restriction or disqualification. SEC. 8. DEFINITIONS. In this Act-- (1) the term ``for employment-related purposes'' includes for the purpose of screening an individual for employment or occupational licensing; (2) the term ``applicant'' means the person to whom the record or information sought to be exchanged pertains; (3) the term ``requesting entity'' means the person or entity seeking the exchange of records or information; (4) the term ``State'' includes the District of Columbia, Puerto Rico, and each other territory and possession of the United States; and (5) the term ``reporting jurisdiction'' includes any person or entity that provides relevant records and information to the Attorney General under section 534 of title 28, United States Code. | Fairness and Accuracy in Employment Background Checks Act of 2010 - Requires the Attorney General to: (1) establish and enforce procedures to ensure the prompt release of accurate federal criminal background records and information exchanged for employment-related purposes; and (2) report to Congress on the exchange of records or information for employment-related purposes under this Act and on all federal statutes, regulations, and policies providing employment restrictions and disqualifications based on criminal records. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veteran Urgent Access to Mental Healthcare Act''. SEC. 2. EXPANSION OF INITIAL AND URGENT MENTAL HEALTH CARE FOR CERTAIN FORMER MEMBERS OF THE ARMED FORCES. (a) In General.--Chapter 17 of title 38, United States Code, is amended by inserting after section 1720G the following new section: ``Sec. 1720H. Provision of initial and urgent mental health care for certain former members not otherwise eligible for care ``(a) In General.--The Secretary shall operate a program under which the Secretary provides to former members of the Armed Forces described in subsection (b)-- ``(1) an initial mental health assessment; and ``(2) any health care services authorized under this chapter that the Secretary determines are required to treat the urgent mental health care needs of the former member, including risk of suicide or harming others. ``(b) Former Members of the Armed Forces Described.--A former member of the Armed Forces described in this subsection is an individual who meets either of the following criteria: ``(1) The individual is a former member of the Armed Forces, including the reserve components, who-- ``(A) served in the active military, naval, or air service, and was discharged or released therefrom under a condition that is not honorable except-- ``(i) dishonorable; or ``(ii) bad conduct by reason of the sentence of a general court martial; ``(B) has applied for a character of service determination and such determination has not been made; and ``(C) is not otherwise eligible to enroll in the health care system established by section 1705 of this title by reason of such discharge or release not meeting the requirements of section 101(2) of this title. ``(2) The individual is a veteran described in section 1705(a)(8) of this title. ``(c) Contract.--In furnishing mental health care services to an individual under this section, the Secretary may provide such mental health care services pursuant to a contract with a qualified mental health professional if-- ``(1) in the judgment of a mental health professional employed by the Department, the receipt of mental health care services by that individual in facilities of the Department would be clinically inadvisable; or ``(2) facilities of the Department are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. ``(d) Training.--In establishing a program to provide mental health care services under subsection (a), the Secretary shall-- ``(1) provide for appropriate training of mental health professionals and such other health care personnel as the Secretary determines necessary to carry out the program effectively; ``(2) seek to ensure that such mental health care services is furnished in a setting that is therapeutically appropriate, taking into account the circumstances that resulted in the need for such mental health care services; and ``(3) provide referral services to assist former members who are not eligible for services under this chapter to obtain those from sources outside the Department. ``(e) Information.--The Secretary shall provide information on the mental health care services available under this section. Efforts by the Secretary to provide such information-- ``(1) shall include availability of a toll-free telephone number (commonly referred to as an 800 number); ``(2) shall ensure that information about the mental health care services available under this section-- ``(A) is revised and updated as appropriate; ``(B) is made available and visibly posted at appropriate facilities of the Department; and ``(C) is made available through appropriate public information services; and ``(3) shall include coordination with the Secretary of Defense seeking to ensure that members of the Armed Forces and individuals who are being separated from active military, naval, or air service are provided appropriate information about programs, requirements, and procedures for applying for mental health care services under this section. ``(f) Annual Reports.--Each year, the Secretary shall submit to Congress an annual report on the mental health care services provided pursuant to this section. Each report shall include data for the year covered by the report with respect to each of the following: ``(1) The number of individuals who received mental health care services under subsection (a), disaggregated by the number of men who received such services and the number of women who received such services. ``(2) Such other information as the Secretary considers appropriate.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of title 38, United States Code, is amended by inserting after the item relating to section 1720G the following new item: ``1720H. Provision of initial and urgent mental health care not otherwise eligible for care.''. (c) Study on Effect of Combat Service on Suicide Rates.-- (1) Study.--The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall seek to enter into a contract with an independent nongovernmental entity to carry out a study on the effect combat service has had on suicide rates and serious mental health issues among veterans. To the extent practicable, such study shall-- (A) compare the rate and method of suicides among veterans who have received mental health care services from the Veterans Health Administration and veterans who have not received such services from the Veterans Health Administration; and (B) compare the rate and method of suicides and the incidence of serious mental health issues among veterans who have served in combat and veterans who have not served in combat. (2) Report.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report containing the study conducted under paragraph (1). | Veteran Urgent Access to Mental Healthcare Act This bill directs the Department of Veterans Affairs (VA) to establish a program to provide former members of the Armed Forces with: (1) an initial mental health assessment; and (2) health care services required to treat the former member's urgent mental health care needs, including risk of suicide or harming others. A former member of the Armed Forces is an individual who meets either of the following criteria: the individual is a former member of the Armed Forces, including the reserve components, who served in the active military, naval, or air service, and was discharged or released under a condition less than honorable (except a dishonorable or bad conduct discharge by reason of a general court martial), has applied for a character of service determination that has not yet been made, and is not otherwise eligible to enroll in the VA health care system by reason of such discharge or release; or the individual is a veteran not otherwise eligible for VA health care. The VA may provide such mental health care services pursuant to a contract with a qualified mental health professional if: (1) the receipt of mental health care services by an individual in VA facilities would be clinically inadvisable, or (2) VA facilities are not capable of furnishing such mental health care services to that individual economically because of geographical inaccessibility. The VA shall seek to enter into a contract with an independent nongovernmental entity to study the effect combat service has had on suicide rates and serious mental health issues among veterans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Liability Protection Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) The ability of teachers, principals and other school professionals to teach, inspire and shape the intellect of our Nation's elementary and secondary school students is deterred and hindered by frivolous lawsuits and litigation. (2) Each year more and more teachers, principals and other school professionals face lawsuits for actions undertaken as part of their duties to provide millions of school children quality educational opportunities. (3) Too many teachers, principals and other school professionals face increasingly severe and random acts of violence in the classroom and in schools. (4) Providing teachers, principals and other school professionals a safe and secure environment is an important part of the effort to improve and expand educational opportunities. (5) Clarifying and limiting the liability of teachers, principals and other school professionals who undertake reasonable actions to maintain order, discipline and an appropriate educational environment is an appropriate subject of Federal legislation because-- (A) the national scope of the problems created by the legitimate fears of teachers, principals and other school professionals about frivolous, arbitrary or capricious lawsuits against teachers; and (B) millions of children and their families across the Nation depend on teachers, principals and other school professionals for the intellectual development of the children. (b) Purpose.--The purpose of this Act is to provide teachers, principals and other school professionals the tools they need to undertake reasonable actions to maintain order, discipline and an appropriate educational environment. SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY. (a) Preemption.--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 relating to teachers. (b) Election of State Regarding Nonapplicability.--This Act shall not apply to any civil action in a State court against a teacher in which all parties are citizens of the State if such State enacts a statute in accordance with State requirements for enacting legislation-- (1) citing the authority of this subsection; (2) declaring the election of such State that this Act shall not apply, as of a date certain, to such civil action in the State; and (3) containing no other provisions. SEC. 4. LIMITATION ON LIABILITY FOR TEACHERS. (a) Liability Protection for Teachers.--Except as provided in subsections (b) and (c), no teacher in a school shall be liable for harm caused by an act or omission of the teacher on behalf of the school if-- (1) the teacher was acting within the scope of the teacher's employment or responsibilities related to providing educational services; (2) the actions of the teacher were carried out in conformity with local, State, or Federal laws, rules or regulations in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school; (3) if appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice in the State in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities; (4) the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and (5) the harm was not caused by the teacher operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or the owner of the vehicle, craft, or vessel to-- (A) possess an operator's license; or (B) maintain insurance. (b) Concerning Responsibility of Teachers to Schools and Governmental Entities.--Nothing in this section shall be construed to affect any civil action brought by any school or any governmental entity against any teacher of such school. (c) Exceptions to Teacher Liability Protection.--If the laws of a State limit teacher liability subject to one or more of the following conditions, such conditions shall not be construed as inconsistent with this section: (1) A State law that requires a school or governmental entity to adhere to risk management procedures, including mandatory training of teachers. (2) A State law that makes the school or governmental entity liable for the acts or omissions of its teachers to the same extent as an employer is liable for the acts or omissions of its employees. (3) A State law that makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government pursuant to State or local law. (d) Limitation on Punitive Damages Based on the Actions of Teachers.-- (1) General rule.--Punitive damages may not be awarded against a teacher in an action brought for harm based on the action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such teacher which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed. (2) Construction.--Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. (e) Exceptions to Limitations on Liability.-- (1) In general.--The limitations on the liability of a teacher under this Act shall not apply to any misconduct that-- (A) 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, United States Code) for which the defendant has been convicted in any court; (B) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; (C) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (D) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. (2) Rule of construction.--Nothing in this subsection shall be construed to affect subsection (a)(3) or (d). SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (a) General Rule.--In any civil action against a teacher, based on an action of a teacher acting within the scope of the teacher's responsibilities to a school or governmental entity, the liability of the teacher for noneconomic loss shall be determined in accordance with subsection (b). (b) Amount of Liability.-- (1) In general.--Each defendant who is a teacher, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) Percentage of responsibility.--For purposes of determining the amount of noneconomic loss allocated to a defendant who is a teacher under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. SEC. 6. DEFINITIONS. For purposes of this Act: (1) Economic loss.--The term ``economic loss'' means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm.--The term ``harm'' includes physical, nonphysical, economic, and noneconomic losses. (3) Noneconomic losses.--The term ``noneconomic losses'' means losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium (other than loss of domestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) School.--The term ``school'' means a public or private kindergarten, a public or private elementary school or secondary school (as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801)), or a home school. (5) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession. (6) Teacher.--The term ``teacher'' means a teacher, instructor, principal, administrator, or other educational professional, that works in a school. SEC. 7. EFFECTIVE DATE. (a) In General.--This Act shall take effect 90 days after the date of enactment of this Act. (b) Application.--This Act applies to any claim for harm caused by an act or omission of a teacher where that claim is filed on or after the effective date of this Act, without regard to whether the harm that is the subject of the claim or the conduct that caused the harm occurred before such effective date. | Provides that no teacher in a school shall be liable for harm caused by an act or omission on behalf of the school if the teacher was acting within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Limits punitive damages and liability for non-economic loss. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Eastern New Mexico Rural Water System Act of 2006''. SEC. 2. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Eastern New Mexico Rural Water Authority, an entity formed under State law for the purposes of planning, financing, developing, and operating the System. (2) Plan.--The term ``plan'' means the operation, maintenance, and replacement plan required by section 4(b). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of New Mexico. (5) System.-- (A) In general.--The term ``System'' means the Eastern New Mexico Rural Water System, a water delivery project designed to deliver approximately 16,500 acre- feet of water per year from the Ute Reservoir to the cities of Clovis, Elida, Grady, Melrose, Portales, and Texico and other locations in Curry and Roosevelt Counties in the State. (B) Inclusions.--The term ``System'' includes-- (i) the intake structure at Ute Reservoir; (ii) a water treatment, administration, and maintenance facility with-- (I) a 30,000,000 gallon per day average peak capacity; and (II) a 15,000,000 gallon per day average capacity; (iii) approximately 155 miles of transmission and lateral pipelines and tunnels that range in size from 4 to 60 inches in diameter; (iv) 3 pumping stations, including-- (I) a raw water pump station at Ute Reservoir; (II) a booster pump station at the ``Caprock'' escarpment; and (III) a booster pump station to Elida; and (v) any associated appurtenances. (6) Ute reservoir.--The term ``Ute Reservoir'' means the impoundment of water created in 1962 by the construction of the Ute Dam on the Canadian River, located approximately 32 miles upstream of the border between New Mexico and Texas. SEC. 3. EASTERN NEW MEXICO RURAL WATER SYSTEM. (a) Financial Assistance.-- (1) In general.--The Secretary may provide financial and technical assistance to the Authority to assist in planning, designing, conducting related preconstruction activities for, and constructing the System. (2) Use.-- (A) In general.--Any financial assistance provided under paragraph (1) shall be obligated and expended only in accordance with a cooperative agreement entered into under section 5(a)(2). (B) Limitations.--Financial assistance provided under paragraph (1) shall not be used-- (i) for any activity that is inconsistent with constructing the System; or (ii) to plan or construct facilities used to supply irrigation water for agricultural purposes. (b) Cost-Sharing Requirement.-- (1) In general.--The Federal share of the total cost of any activity or construction carried out using amounts made available under this Act shall be not more than 75 percent of the total cost of the System. (2) System development costs.--For purposes of paragraph (1), the total cost of the System shall include any costs incurred by the Authority on or after October 1, 2003, for the development of the System. (c) Limitation.--No amounts made available under this Act may be used for the construction of the System until-- (1) a plan is developed under section 4(b); and (2) the Secretary and the Authority have complied with any requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) applicable to the System. (d) Title to Project Works.--Title to the infrastructure of the System shall be held by the Authority or as may otherwise be specified under State law. SEC. 4. OPERATION, MAINTENANCE, AND REPLACEMENT COSTS. (a) In General.--The Authority shall be responsible for the annual operation, maintenance, and replacement costs associated with the System. (b) Operation, Maintenance, and Replacement Plan.--The Authority, in consultation with the Secretary, shall develop an operation, maintenance, and replacement plan that establishes the rates and fees for beneficiaries of the System in the amount necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Cooperative Agreements.-- (1) In general.--The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out this Act. (2) Cooperative agreement for provision of financial assistance.-- (A) In general.--The Secretary shall enter into a cooperative agreement with the Authority to provide financial assistance or any other assistance requested by the Authority for planning, design, related preconstruction activities, and construction of the System. (B) Requirements.--The cooperative agreement entered into under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the Authority with respect to-- (i) ensuring that the cost-share requirements established by section 3(b) are met; (ii) completing the planning and final design of the System; (iii) any environmental and cultural resource compliance activities required for the System; and (iv) the construction of the System. (b) Technical Assistance.--At the request of the Authority, the Secretary may provide to the Authority any technical assistance that is necessary to assist the Authority in planning, designing, constructing, and operating the System. (c) Biological Assessment.--The Secretary shall consult with the New Mexico Interstate Stream Commission and the Authority in preparing any biological assessment under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) that may be required for planning and constructing the System. (d) Effect.--Nothing in this Act-- (1) affects or preempts-- (A) State water law; or (B) an interstate compact relating to the allocation of water; or (2) confers on any non-Federal entity the ability to exercise any Federal rights to-- (A) the water of a stream; or (B) any groundwater resource. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this Act. (b) Nonreimbursable Amounts.--Amounts made available to the Authority in accordance with the cost-sharing requirement under section 3(b) shall be nonreimbursable and nonreturnable to the United States. (c) Availability of Funds.--At the end of each fiscal year, any unexpended funds appropriated pursuant to this Act shall be retained for use in future fiscal years consistent with this Act. | Eastern New Mexico Rural Water System Act of 2006 - Authorizes the Secretary of the Interior to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System. Limits the federal share of the cost of any activity to 75%. Provides that the total cost of the System shall include any costs incurred by the Authority on or after October 1, 2003, for System development. Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop an operation, maintenance, and replacement plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969. Directs the Secretary to consult with the New Mexico Interstate Stream Commission and the Authority in preparing any required biological assessment under the Endangered Species Act of 1973. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Employee Free Choice Act''. SEC. 2. STREAMLINING UNION CERTIFICATION. (a) In General.--Section 9(c) of the National Labor Relations Act (29 U.S.C. 159(c)) is amended by adding at the end the following: ``(6) Notwithstanding any other provision of this section, whenever a petition shall have been filed by an employee or group of employees or any individual or labor organization acting in their behalf alleging that a majority of employees in a unit appropriate for the purposes of collective bargaining wish to be represented by an individual or labor organization for such purposes, the Board shall investigate the petition. If the Board finds that a majority of the employees in a unit appropriate for bargaining has signed authorizations designating the individual or labor organization specified in the petition as their bargaining representative and that no other individual or labor organization is currently certified or recognized as the exclusive representative of any of the employees in the unit, the Board shall not direct an election but shall certify the individual or labor organization as the representative described in subsection (a). ``(7) The Board shall develop guidelines and procedures for the designation by employees of a bargaining representative in the manner described in paragraph (6). Such guidelines and procedures shall include-- ``(A) model collective bargaining authorization language that may be used for purposes of making the designations described in paragraph (6); and ``(B) procedures to be used by the Board to establish the authenticity of signed authorizations designating bargaining representatives.''. (b) Conforming Amendments.-- (1) National labor relations board.--Section 3(b) of the National Labor Relations Act (29 U.S.C. 153(b)) is amended, in the second sentence-- (A) by striking ``and to'' and inserting ``to''; and (B) by striking ``and certify the results thereof,'' and inserting ``, and to issue certifications as provided for in that section,''. (2) Unfair labor practices.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended-- (A) in paragraph (7)(B) by striking ``, or'' and inserting ``or a petition has been filed under section 9(c)(6), or''; and (B) in paragraph (7)(C) by striking ``when such a petition has been filed'' and inserting ``when such a petition other than a petition under section 9(c)(6) has been filed''. SEC. 3. FACILITATING INITIAL COLLECTIVE BARGAINING AGREEMENTS. Section 8 of the National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end the following: ``(h) Whenever collective bargaining is for the purpose of establishing an initial agreement following certification or recognition, the provisions of subsection (d) shall be modified as follows: ``(1) Not later than 10 days after receiving a written request for collective bargaining from an individual or labor organization that has been newly organized or certified as a representative as defined in section 9(a), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement. ``(2) If after the expiration of the 90-day period beginning on the date on which bargaining is commenced, or such additional period as the parties may agree upon, the parties have failed to reach an agreement, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation. Whenever such a request is received, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. ``(3) If after the expiration of the 30-day period beginning on the date on which the request for mediation is made under paragraph (2), or such additional period as the parties may agree upon, the Service is not able to bring the parties to agreement by conciliation, the Service shall refer the dispute to an arbitration board established in accordance with such regulations as may be prescribed by the Service. The arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of 2 years, unless amended during such period by written consent of the parties.''. SEC. 4. STRENGTHENING ENFORCEMENT. (a) Injunctions Against Unfair Labor Practices During Organizing Drives.-- (1) In general.--Section 10(l) of the National Labor Relations Act (29 U.S.C. 160(l)) is amended-- (A) in the second sentence, by striking ``If, after such'' and inserting the following: ``(2) If, after such''; and (B) by striking the first sentence and inserting the following: ``(1) Whenever it is charged-- ``(A) that any employer-- ``(i) discharged or otherwise discriminated against an employee in violation of subsection (a)(3) of section 8; ``(ii) threatened to discharge or to otherwise discriminate against an employee in violation of subsection (a)(1) of section 8; or ``(iii) engaged in any other unfair labor practice within the meaning of subsection (a)(1) that significantly interferes with, restrains, or coerces employees in the exercise of the rights guaranteed in section 7; while employees of that employer were seeking representation by a labor organization or during the period after a labor organization was recognized as a representative defined in section 9(a) until the first collective bargaining contract is entered into between the employer and the representative; or ``(B) that any person has engaged in an unfair labor practice within the meaning of subparagraph (A), (B) or (C) of section 8(b)(4), section 8(e), or section 8(b)(7); the preliminary investigation of such charge shall be made forthwith and given priority over all other cases except cases of like character in the office where it is filed or to which it is referred.''. (2) Conforming amendment.--Section 10(m) of the National Labor Relations (29 U.S.C. 160(m)) is amended by inserting ``under circumstances not subject to section 10(l)'' after ``section 8''. (b) Remedies for Violations.-- (1) Backpay.--Section 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by striking ``And provided further,'' and inserting ``Provided further, That if the Board finds that an employer has discriminated against an employee in violation of subsection (a)(3) of section 8 while employees of the employer were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract was entered into between the employer and the representative, the Board in such order shall award the employee back pay and, in addition, 2 times that amount as liquidated damages: Provided further,''. (2) Civil penalties.--Section 12 of the National Labor Relations Act (29 U.S.C. 162) is amended-- (A) by striking ``Any'' and inserting ``(a) Any''; and (B) by adding at the end the following: ``(b) Any employer who willfully or repeatedly commits any unfair labor practice within the meaning of subsections (a)(1) or (a)(3) of section 8 while employees of the employer are seeking representation by a labor organization or during the period after a labor organization has been recognized as a representative defined in subsection (a) of section 9 until the first collective bargaining contract is entered into between the employer and the representative shall, in addition to any make-whole remedy ordered, be subject to a civil penalty of not to exceed $20,000 for each violation. In determining the amount of any penalty under this section, the Board shall consider the gravity of the unfair labor practice and the impact of the unfair labor practice on the charging party, on other persons seeking to exercise rights guaranteed by this Act, or on the public interest.''. | Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties. |
SECTION 1. AUTHORITY FOR QUALIFYING STATES TO USE ALL OR ANY PORTION OF THEIR SCHIP ALLOTMENTS FOR CERTAIN MEDICAID EXPENDITURES. (a) In General.--Section 2105(g)(1)(A) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(A)) is amended by striking ``not more than 20 percent of any allotment under section 2104 for fiscal year 1998, 1999, 2000, 2001, 2004, or 2005'' and inserting ``all or any portion of any allotment made to the State under section 2104 for a fiscal year''. (b) Additional Requirements.--Section 2105(g)(2) of such Act (42 U.S.C. 1397ee(g)(2)) is amended-- (1) by striking ``a State, that, on'' and inserting ``a State that is described in subparagraph (A) and satisfies all of the requirements of subparagraph (B). ``(A) State described.--A State described in this subparagraph is a State that, on''; and (2) by adding at the end the following: ``(B) Requirements.--The requirements of this subparagraph are the following: ``(i) No reduction in medicaid or schip income eligibility.--Since January 1, 2001, the State has not reduced the income, assets, or resource requirements for eligibility for medical assistance under title XIX or for child health assistance under this title. ``(ii) No waiting list imposed.--The State does not impose any numerical limitation, waiting list, or similar limitation on the eligibility of children for medical assistance under title XIX or child health assistance under this title and does not limit the acceptance of applications for such assistance. ``(iii) Provides assistance to all children who apply and qualify.--The State provides medical assistance under title XIX or child health assistance under this title to all children in the State who apply for and meet the eligibility standards for such assistance. ``(iv) Protection against inability to pay premiums or copayments.--The State ensures that no child loses coverage under title XIX or this title, or is denied needed care, as a result of the child's parents' inability to pay any premiums or cost-sharing required under such title. ``(v) Additional requirements.--The State has implemented at least 3 of the following policies and procedures (relating to coverage of children under title XIX and this title): ``(I) Simplified application form.--With respect to children who are eligible for medical assistance under title XIX, the State uses the same simplified application form (including, if applicable, permitting application other than in person) for purposes of establishing eligibility for assistance under title XIX and this title. ``(II) Elimination of asset test.-- The State does not apply any asset test for eligibility under title XIX or this title with respect to children. ``(III) Adoption of 12-month continuous enrollment.--The State provides that eligibility shall not be regularly redetermined more often than once every year under this title or for children eligible for medical assistance under title XIX. ``(IV) Same verification and redetermination policies; automatic reassessment of eligibility.--With respect to children who are eligible for medical assistance under section 1902(a)(10)(A), the State provides for initial eligibility determinations and redeterminations of eligibility using the same verification policies (including with respect to face-to-face interviews), forms, and frequency as the State uses for such purposes under this title, and, as part of such redeterminations, provides for the automatic reassessment of the eligibility of such children for assistance under title XIX and this title. ``(V) Outstationing enrollment staff.--The State provides for the receipt and initial processing of applications for benefits under this title and for children under title XIX at facilities defined as disproportionate share hospitals under section 1923(a)(1)(A) and Federally- qualified health centers described in section 1905(l)(2)(B) consistent with section 1902(a)(55).''. (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2006, and shall apply to expenditures described in section 2105(g)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1397ee(g)(1)(B)(ii)) that are made after that date. | Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to allow qualifying states to use all or any portion (currently, up to 20%) of their allotments under SCHIP for certain Medicaid (SSA title XIX) expenditures. Requires qualifying states to meet at least three of certain policies and procedures, including: (1) a simplified application process; (2) elimination of any asset test; (3) twelve-month continuous eligibility; and (4) easy access to enrollment staff. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Aviation Safety Protection Act of 1996''. SEC. 2. PROTECTION OF EMPLOYEES PROVIDING AIR SAFETY INFORMATION. (a) General Rule.--Chapter 421 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``Sec. 42121. Protection of employees providing air safety information ``(a) Discrimination Against Airline Employees.--No air carrier or contractor or subcontractor of an air carrier may discharge an employee or otherwise discriminate against an employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee)-- ``(1) provided, caused to be provided, or is about to provide or cause to be provided to the Federal Government information relating to air safety under this subtitle or any other law of the United States; ``(2) has filed, caused to be filed, or is about to file or cause to be filed a proceeding relating to air carrier safety under this subtitle or any other law of the United States; ``(3) testified or is about to testify in such a proceeding; or ``(4) assisted or participated or is about to assist or participate in such a proceeding. ``(b) Department of Labor Complaint Procedure.-- ``(1) Filing and notification.--A person who believes that he has been discharged or otherwise discriminated against by a person in violation of subsection (a) may, within 180 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary of Labor shall notify the person named in the complaint and the Administrator of the Federal Aviation Administration of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting the complaint, and of the opportunities which will be afforded to such person under paragraph (2). ``(2) Investigation; preliminary order.--Within 60 days of receipt of a complaint filed under paragraph (1) and after affording the person named in the complaint of an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet with a representative of the Secretary to present statements from witnesses, the Secretary of Labor shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed a violation of subsection (a) of the Secretary's findings. If the Secretary of Labor concludes that there is a reasonable cause to believe that a violation of subsection (a) has occurred, the Secretary shall accompany the Secretary's findings with a preliminary order providing the relief prescribed by paragraph (3)(B). Within 30 days after notification of findings under this paragraph, either the person alleged to have committed the violation or the complainant may file objections to the findings or preliminary order, or both, and request a hearing on the record. The filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. Such hearings shall be conducted expeditiously. If a hearing is not requested within such 30-day period, the preliminary order shall be deemed a final order which is not subject to judicial review. ``(3) Final order.-- ``(A) Deadline for issuance; settlement agreements.--Within 120 days after conclusion of a hearing under paragraph (2), the Secretary of Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At any time before issuance of a final order, a proceeding under this subsection may be terminated on the basis of a settlement agreement entered into by the Secretary of Labor, the complainant, and the person alleged to have committed the violation. ``(B) Remedy.--If, in response to a complaint filed under paragraph (1), the Secretary of Labor determines that a violation of subsection (a) has occurred, the Secretary of Labor shall order the person who committed such violation to-- ``(i) take affirmative action to abate the violation; ``(ii) reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges associated with his employment; and ``(iii) provide compensatory damages to the complainant. If such an order is issued under this paragraph, the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. ``(C) Frivolous complaints.--If the Secretary of Labor finds that a complaint under paragraph (1) is frivolous or has been brought in bad faith, the Secretary of Labor may award to the prevailing employer a reasonable attorney's fee not exceeding $5,000. ``(4) Review.-- ``(A) Appeal to court of appeals.--Any person adversely affected or aggrieved by an order issued under paragraph (3) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred or the circuit in which the complainant resided on the date of such violation. The petition for review must be filed within 60 days from the issuance of the order of the Secretary of Labor. Review shall conform to chapter 7 of title 5, United States Code. The commencement of proceedings under this subparagraph shall not, unless ordered by the court, operate as a stay of the order. ``(B) Limitation on collateral attack.--An order of the Secretary of Labor with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. ``(5) Enforcement of order by secretary of labor.--Whenever a person has failed to comply with an order issued under paragraph (3), the Secretary of Labor may file a civil action in the United States district court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief and compensatory damages. ``(6) Enforcement of order by parties.-- ``(A) Commencement of action.--A person on whose behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such order was issued to require compliance with such order. The appropriate United States district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce such order. ``(B) Attorney fees.--The court, in issuing any final order under this paragraph, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such award is appropriate. ``(c) Mandamus.--Any nondiscretionary duty imposed by this section shall be enforceable in a mandamus proceeding brought under section 1361 of title 28, United States Code. ``(d) Nonapplicability to Deliberate Violations.--Subsection (a) of this section shall not apply with respect to an employee of an air carrier who, acting without direction from such air carrier (or such air carrier's agent), deliberately causes a violation of any requirement relating to air carrier safety under this subtitle or any other law of the United States.''. (b) Conforming Amendment.--The table of sections at the beginning of such chapter is amended by adding at the end the following: ``SUBCHAPTER III--WHISTLEBLOWER PROTECTION PROGRAM ``42121. Protection of employees providing air safety information.''. SEC. 3. CIVIL PENALTY. Section 46301(a)(1)(A) of title 49, United States Code, is amended by striking ``subchapter II of chapter 421'' and inserting ``subchapter II or III of chapter 421''. | Aviation Safety Protection Act of 1996 - Amends Federal transportation law to establish a whistleblower protection program for airline employees providing air safety information. Prohibits air carriers, contractors, and subcontractors from discharging or otherwise discriminating against an employee as to pay, terms, conditions, or privileges of employment because the employee: (1) is about to provide or has provided to the Federal Government information relating to air safety; or (2) is about to file or has filed a proceeding, or testified, or otherwise participated in a proceeding relating to air safety. Sets forth a Department of Labor complaint procedure for persons who believe they have been discharged or discriminated against in violation of this Act. Provides for award of attorney's fees of up to $5,000 to a prevailing employer for any such complaint found frivolous or brought in bad faith. Specifies civil penalties for violation of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mandatory IDEA Full Funding Compromise Act''. SEC. 2. AMENDMENTS TO IDEA. Section 611(i) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(i)) is amended to read as follows: ``(i) Funding.-- ``(1) In general.--For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated-- ``(A) $14,648,647,143 or 25.7 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, and there are hereby appropriated $4,058,947,143 or 7.1 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2006, which shall become available for obligation on July 1, 2006, and shall remain available through September 30, 2007; ``(B) $16,938,917,714 or 28.9 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, and there are hereby appropriated $6,349,217,714 or 10.8 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2007, which shall become available for obligation on July 1, 2007, and shall remain available through September 30, 2008; ``(C) $19,229,188,286 or 32.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, and there are hereby appropriated $8,639,488,286 or 14.5 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2008, which shall become available for obligation on July 1, 2008, and shall remain available through September 30, 2009; ``(D) $21,519,458,857 or 35.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, and there are hereby appropriated $10,929,758,887 or 17.9 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2009, which shall become available for obligation on July 1, 2009, and shall remain available through September 30, 2010; ``(E) $23,809,729,429 or 38.1 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, and there are hereby appropriated $13,220,029,429 or 21.2 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2010, which shall become available for obligation on July 1, 2010, and shall remain available through September 30, 2011; ``(F) $26,100,000,000 or 40 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2011, and there are hereby appropriated $15,510,300,000 or 21.3 percent of the amount determined under paragraph (2), whichever is less, for fiscal year 2011, which shall become available for obligation on July 1, 2011, and shall remain available through September 30, 2012; and ``(G) 40 percent of the amount determined under paragraph (2) for fiscal year 2012 and each subsequent fiscal year, and there are hereby appropriated 21.3 percent of the amount determined under paragraph (2) for fiscal year 2012 and each subsequent fiscal year, which shall become available for obligation (A) with respect to fiscal year 2012, on July 1, 2012, and shall remain available through September 30, 2013, and (B) with respect to each subsequent fiscal year, on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. ``(2) Amount.--The amount referred to in each of subparagraphs (A) through (G) of paragraph (1) is the product of-- ``(A) the number of children with disabilities in all States who are receiving special education and related services-- ``(i) aged 3 through 5 if the State is eligible for a grant under section 619; and ``(ii) aged 6 through 21; and ``(B) the average per-pupil expenditure in public elementary and secondary schools in the United States.''. | Mandatory IDEA Full Funding Compromise Act - Amends the Individuals with Disabilities Education Act (IDEA) to reauthorize part B programs of education of all children with disabilities. Authorizes appropriations in specified amounts for part B for FY2006-FY2012 and thereafter, according to a certain formula. (Provides phased-in increases of such authorized funding designed to reach a promised 40% federal share by FY2011.) Makes appropriations in specified amounts (which are less than the amounts this Act authorizes to be appropriated) for part B for FY2006-FY2012 and thereafter. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Constitution Center Operations Act''. SEC. 2. NAME CLARIFICATION. Section 3(a) of the Constitution Heritage Act of 1988 (16 U.S.C. 407bb(a)) is amended by striking ``(hereafter in this Act referred to as the `Center')'' and inserting ``(hereafter in this Act referred to as the `NCC')''. SEC. 3. OPERATION OF THE NATIONAL CONSTITUTION CENTER. Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C. 407cc) is amended by adding at the end the following: ``(c) Operation of the NCC.-- ``(1) In general.--A cooperative agreement entered into under subsection (b) shall-- ``(A) authorize the NCC to-- ``(i) operate the NCC; ``(ii) provide to visitors to the NCC any activities and services relating to and consistent with any functions of the NCC under section 3(b); ``(iii) carry out activities that are appropriate for the operation of the NCC, including charging fees, conducting events, and selling and marketing merchandise, tickets for activities of the NCC, and food to visitors to the NCC; and ``(iv) negotiate and enter into any agreements, leases, contracts, or other arrangements with any person, firm, association, organization, corporation, or governmental entity (including the Federal Government and any State and local governments) that are appropriate for carrying out activities at the NCC or that are normally associated with the operation of a facility like the NCC, including an agreement, contract, or other arrangement for janitorial service, building maintenance, food service, information technology maintenance, or the operation of a museum store; ``(B) provide that any revenues from facilities and services of the NCC shall be made available to the NCC, without further appropriation, to offset the expenses of operating the NCC; ``(C) authorize the NCC to occupy the site and any structures provided under subsection (a)-- ``(i) for a term specified in the cooperative agreement not to exceed 30 years; and ``(ii) in accordance with any terms and conditions of the cooperative agreement; ``(D)(i) provide that the NCC shall maintain, during the term of the cooperative agreement and at the expense of the NCC, insurance on the NCC covering such risks, in such amounts, and including such terms and conditions as the Secretary determines to be appropriate; and ``(ii) provide that any repairs or reconstruction carried out using payments made to the NCC under an insurance policy maintained under clause (i) shall be subject to the approval of the Secretary; ``(E) provide that the NCC shall maintain the status as an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 that is exempt from taxation under section 501(a) of the Code; ``(F) provide that the NCC shall make available to the Secretary and the Comptroller General of the United States all books, documents, papers, and records of the NCC that are necessary for an audit; ``(G) provide that the NCC shall submit to the Secretary or Congress an annual report that-- ``(i) describes the activities of the NCC during the preceding fiscal year; ``(ii) compares the goals and objectives of the NCC to the actual accomplishments of the NCC during the preceding fiscal year; and ``(iii) includes a plan for the NCC for the subsequent fiscal year; and ``(H) include any other terms and conditions that the Secretary determines to be appropriate. ``(2) Termination of agreement.--The Secretary may terminate the cooperative agreement entered into under paragraph (1) if the Secretary determines that termination is in the best interest of the public. ``(3) Effect on existing agreement.--The agreement between the National Park Service and the NCC numbered CA-4450-99-9018 shall remain in effect until the date on which-- ``(A) the agreement is terminated in accordance with the terms of the agreement; or ``(B) a cooperative agreement is entered into under paragraph (1). ``(4) Administration of independence national historical park.--Nothing in this subsection affects the authority of the Secretary to enter into a contract or other agreement with any organization or entity that provides for the administration of Independence National Historical Park so long as the agreement does not conflict with the cooperative agreement entered into under paragraph (1). ``(5) Exemption from applicable law.--An agreement, lease, contract, or other arrangement entered into under paragraph (1) shall not be subject to section 3(k) of Public Law 91-383 (16 U.S.C. 1a-2(k)), section 321 of the Act of June 30, 1939 (40 U.S.C. 303(b)), or section 403 of the National Parks Omnibus Management Act of 1998 (16 U.S.C. 5952).''. SEC. 4. CONFORMING AMENDMENTS. (a) Section 3 of the Constitution Heritage Act of 1988 (16 U.S.C. 407bb) is amended-- (1) in the second sentence of subsection (a), by striking ``Center'' and inserting ``NCC''; and (2) in subsection (b)-- (A) in the subsection heading, by striking ``Center'' and inserting ``NCC''; (B) in the matter before paragraph (1), by striking ``Center'' and inserting ``NCC''; and (C) in paragraph (3), by striking ``Center's'' and inserting ``NCC's''. (b) Section 4 of the Constitution Heritage Act of 1988 (16 U.S.C. 407cc) is amended-- (1) in the section heading, by striking ``center'' and inserting ``ncc''; (2) in subsection (a), by striking ``Center'' each place it appears and inserting ``NCC''; and (3) in subsection (b)-- (A) in the subsection heading, by striking ``Center'' and inserting ``NCC''; (B) in the first sentence, by striking ``Center'' the second place it appears and inserting ``NCC''; and (C) in the second sentence, by striking ``National Constitution Center'' and inserting ``NCC''. (c) Section 5 of the Constitution Heritage Act of 1988 (16 U.S.C. 407cc) is amended in subsections (c) and (e) by striking ``National Constitution Center'' each place it appears and inserting ``NCC''. | National Constitution Center Operations Act - Amends the Constitution Heritage Act of 1988 to set forth requirements for cooperative agreements between the Secretary of the Interior and the National Constitution Center (NCC) for the operation of the NCC, including a requirement that revenues from the operation of the NCC be made available to the NCC (without further appropriation) to offset its operating expenses, and requirements that the NCC: (1) maintain appropriate risk insurance; (2) maintain its tax-exempt status; and (3) report annually to the Secretary or Congress on its activities, goals and plans. Authorizes the Secretary to terminate a cooperative agreement in the public interest. Exempts agreements, leases, contracts or other arrangements entered into under this Act from certain requirements for leases of buildings by the federal government and for the award of concession contracts in units of the National Park System. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hong Kong Reversion Act''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to support the autonomous governance of Hong Kong and the future well-being of the Hong Kong people by ensuring the continuity of United States laws with respect to Hong Kong after its reversion to the People's Republic of China on July 1, 1997; and (2) to outline circumstances under which the President of the United States could modify the application of United States laws with respect to Hong Kong if the People's Republic of China fails to honor its commitment to give the Special Administrative Region of Hong Kong a high degree of autonomy. SEC. 3. 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 on December 19, 1984, is a binding international agreement that sets forth the commitments made by both governments on the reversion of Hong Kong to the People's Republic of China on July 1, 1997. (2) The People's Republic of China in the Joint Declaration pledges, among other things, that ``the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs . . .,'' that basic human rights and freedoms ``will be ensured by law . . .,'' and that ``[t]he legislature of the Hong Kong Special Administrative Region shall be constituted by elections.''. (3) Senior government officials of the People's Republic of China have repeatedly assured a smooth transfer of Hong Kong to Chinese sovereignty, a successful implementation of the ``one country, two systems'' policy, long-term prosperity for Hong Kong, and continued respect for the basic rights of the Hong Kong people. (4) Despite guaranteeing the autonomous governance of Hong Kong, several official acts and statements by senior officials of the Government of the People's Republic of China reflect an attempt to infringe upon the current and future levels of autonomy in Hong Kong. These acts or statements include-- (A) initial proposals, which were later withdrawn, by officials of the Government of the People's Republic of China to obtain confidential files on civil servants of the Hong Kong Government or require such civil servants to take ``loyalty oaths''; (B) the decision of the Government of the People's Republic of China to dissolve the democratically elected Legislative Council on July 1, 1997, and the appointment of a provisional legislature in December of 1996; (C) the delineation by officials concerning the types of speech and association that will be permitted by the Government of the People's Republic of China after the reversion; (D) initial warnings, which were later withdrawn, to religious institutions not to hold certain gatherings after the reversion; and (E) the decision on February 23, 1997, of the Standing Committee of the National People's Congress of the People's Republic of China to repeal or amend certain Hong Kong ordinances, including the Bill of Rights Ordinance, the Societies Ordinance of 1992 (relating to freedom of association), and the Public Order Ordinance of 1995 (relating to freedom of assembly). (5) Despite commitments in the Joint Declaration guaranteeing the autonomous governance of Hong Kong, several official acts of the Government of the United Kingdom have damaged prospects for the future autonomy of Hong Kong. These acts include-- (A) the conclusion of an agreement on the Court of Final Appeal, which violates the Joint Declaration; and (B) a 1990 agreement with the People's Republic of China to limit the number of democratically-elected seats in the Legislative Council to one-third the number of seats in the Council, which violates the Joint Declaration. (6) The reversion of Hong Kong to the People's Republic of China has important implications for both United States national interests and the interests of the Hong Kong people. The United States Government has a responsibility to ensure that United States interests are protected during and after this transition, and it has a profound interest in ensuring that basic and fundamental human rights of the Hong Kong people are also protected. (7) The United States-Hong Kong Policy Act of 1992 (Public Law 102-383; 22 U.S.C. 5701 et seq.) sets forth United States policy concerning Hong Kong's reversion to the People's Republic of China on July 1, 1997, and Hong Kong's special status as a Special Administrative Region of that country. The Act ensures the continuity of United States laws regarding Hong Kong while establishing a mechanism in section 202 of that Act (22 U.S.C. 5722) whereby the President can modify the application of United States laws with respect to Hong Kong if the President ``determines that Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China''. In making this determination, the President shall consider ``the terms, obligations, and expectations expressed in the Joint Declaration''. (8) One of the principal purposes of Congress in enacting the United States-Hong Kong Policy Act of 1992 was to maintain Hong Kong's autonomy by ensuring that the United States will continue to treat Hong Kong as a distinct legal entity, separate and apart from the People's Republic of China, for all purposes, in those areas in which the People's Republic of China has agreed that Hong Kong will continue to enjoy a high degree of autonomy, unless the President makes a determination under section 202 of that Act. (9) The United States-Hong Kong Policy Act of 1992 requires the Secretary of State to evaluate the implementation of the Joint Declaration. (10) Ultimately, the future of Hong Kong will be determined by the willingness of the Government of the People's Republic of China to respect its commitments in the Joint Declaration to maintain the freedoms now enjoyed by the people of Hong Kong and to rely on the people of Hong Kong to govern themselves. SEC. 4. CONGRESSIONAL DECLARATIONS. Congress makes the following declarations: (1) Recognizing that the United States Government and the Hong Kong Government have long enjoyed a close and beneficial working relationship, for example, between the United States Customs Service, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, the Secret Service, and their corresponding agencies of the Hong Kong Government, the United States urges the two governments to continue their effective cooperation. (2) Recognizing that the preservation of Hong Kong's autonomous customs territory has important security and commercial implications for the United States and the people of Hong Kong, the United States calls upon the People's Republic of China to fully respect the autonomy of the Hong Kong customs territory. (3) Recognizing that Hong Kong has historically been an important port of call for United States naval vessels, the United States urges the Government of the People's Republic of China to consider in a timely and routine manner United States requests for port calls at Hong Kong. (4) Recognizing that Hong Kong enjoys a robust and professional free press with important guarantees on the freedom of information, the United States declares that a free press and access to information are fundamentally important to the economic and commercial success of Hong Kong and calls upon the Government of the People's Republic of China to fully respect these essential rights of the Hong Kong people. (5) Recognizing that the provisional legislature is not a representative body and that its proposed election law is designed to disadvantage the most popular political party and political figures in Hong Kong, Congress declares that elections for the Special Administrative Region legislature should be conducted in accordance with laws drafted and approved by the Hong Kong people or their democratically- elected representatives. (6) Recognizing that the Joint Declaration requires that the Special Administrative Region legislature ``shall be constituted by elections'', the United States declares that the failure to have an elected legislature would be a violation of the Joint Declaration and calls upon the Government of the People's Republic of China to honor its treaty obligations. (7) Recognizing that the Hong Kong people have long enjoyed essential rights and freedoms as enumerated in the Universal Declaration of Human Rights, the United States-- (A) declares that the Bill of Rights Ordinance is consistent with the Joint Declaration and that strengthening controls on the freedom to associate or assemble is a serious threat to the basic freedoms of the Hong Kong people; and (B) calls upon the People's Republic of China, the National People's Congress, and any groups appointed by the Government of the People's Republic of China to leave all revisions of Hong Kong law to a democratically-elected legislature. (8) Recognizing that under the terms of the Joint Declaration the provisions of the International Covenant on Civil and Political Rights will continue to apply in Hong Kong, the United States-- (A) welcomes the public statement by the Chief Executive-designate of Hong Kong that the legislation that will replace repealed or amended sections of the Societies Ordinance and Public Order Ordinance will be the subject of public consultation; and (B) urges that the new legislation should reflect both the wishes of the people of Hong Kong, as clearly expressed through their democratically-elected representatives, and the provisions of the International Covenant on Civil and Political Rights. (9) Recognizing that Hong Kong currently maintains an efficient capitalist economy and trade system by strictly adhering to the rule of law, by honoring the sanctity of contract, and by operating without corruption and with minimum and transparent regulation, the United States calls upon the Government of the People's Republic of China to fully respect the autonomy and independence of the chief executive, the civil service, the judiciary, the police of Hong Kong, and the Independent Commission Against Corruption. SEC. 5. PRESIDENTIAL DETERMINATION UNDER SECTION 202 OF THE UNITED STATES-HONG KONG POLICY ACT OF 1992 AND ADDITIONAL REPORTING REQUIREMENTS. (a) In General.--In determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular law of the United States, or any provision thereof, different from that accorded the People's Republic of China, as required by section 202(a) of the United States-Hong Kong Policy Act of 1992 (Public Law 102-383; 22 U.S.C. 5722(a)), the President, based upon the assessments made pursuant to subsection (b) of this section, as well as other information included in the reports submitted under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731), shall consider the performance of the Hong Kong Government and the actions of the Government of the People's Republic of China. (b) Requirements for Reports to Congress.--The Secretary of State shall include, in each report required by section 301 of the United States-Hong Kong Policy Act of 1992, the following: (1) Existence of freely elected legislature.--An assessment by the Secretary whether the Hong Kong people have a legislature that is fairly and freely elected, which the Secretary shall determine by taking into account the following: (A) Whether the Hong Kong people are able to participate fully in elections as candidates and voters without any political restrictions or infringements on their basic rights of speech, assembly, and association. (B) Whether the Hong Kong electoral system is designed to disadvantage any party or individuals. (2) Successful and timely conclusion of agreements and treaties.--An assessment by the Secretary whether the Hong Kong Government or the People's Republic of China, or both, as the case may be, have cooperated with the United States Government in securing the following agreements or treaties: (A) A bilateral investment treaty. (B) An extradition treaty. (C) An agreement on consular access in Hong Kong for United States citizens comparable to that provided for in the consular convention between the United States and the People's Republic of China. (D) An agreement to preserve the United States consulate, with privileges and immunities for United States personnel. (E) A mutual legal assistance agreement. (F) A prison transfer agreement. (G) A civil aviation agreement. (3) Continued cooperation from the agencies of the hong kong government.--An assessment by the Secretary whether agencies of the Hong Kong Government continue to cooperate with United States Government agencies. The Secretary shall cite in the report any evidence of diminished cooperation in the areas of customs enforcement, drug interdiction, and prosecution and prevention of money laundering, counterfeiting, credit card fraud, and organized crime. (4) Preservation of good governance and rule of law in hong kong.--An assessment by the Secretary whether the Hong Kong Government remains autonomous and relatively free of corruption and whether the rule of law is respected in Hong Kong. The Secretary shall cite in the report any-- (A) efforts to annul or curtail the application of the Bill of Rights of Hong Kong; (B) efforts to prosecute for violations of, or broaden the application of, laws against treason, secession, sedition, and subversion; (C) acts or threats against nonviolent civil disobedience; (D) interference in the autonomy of the chief executive, the civil service, the judiciary, or the police; (E) increased corruption in the Hong Kong Government; and (F) efforts to suppress freedom of the press or restrict the free flow of information. (5) Preservation of the autonomy of the customs territory of hong kong.--An assessment by the Secretary whether the customs territory of Hong Kong is administered in an autonomous manner. The Secretary shall cite in the report any-- (A) failure to respect United States textile laws and quotas; (B) failure to enforce United States export control laws or export license requirements; (C) unauthorized diversions from Hong Kong of high technology exports from the United States to Hong Kong; (D) unprecedented diversion of Chinese exports through Hong Kong in order to attain preferential treatment in United States markets; and (E) misuse of the customs territory of Hong Kong to implement the foreign policy or trade goals of the Government of the People's Republic of China. SEC. 6. PROHIBITION ON USE OF FUNDS FOR PARTICIPATION OF HONG KONG PROVISIONAL LEGISLATURE IN CERTAIN UNITED STATES INFORMATION AGENCY PROGRAMS. (a) Prohibition.--Notwithstanding any other provision of law, no funds appropriated or otherwise made available for the United States Information Agency may be used for purposes of the participation of any member of the Hong Kong provisional legislature in any academic, professional, or cultural program of the United States Information Agency, including any international visitors program, any citizens exchange program, and any scholarship or fellowship associated with any such program. (b) Hong Kong Provisional Legislature Defined.--In subsection (a), the term ``Hong Kong provisional legislature'' means the body appointed on December 21, 1996, in Shenzen, China, to replace the Hong Kong Legislative Council that was elected in 1995. SEC. 7. DEFINITION. In this Act, the term ``Joint Declaration'' means 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 on December 19, 1984. | Hong Kong Reversion Act - Directs the President to consider the performance of the Hong Kong Government and the actions of the Chinese Government when determining whether Hong Kong is not sufficiently autonomous to justify treatment under a particular U.S. law different from that accorded China as required under the United States-Hong Kong Policy Act of 1992. Directs the Secretary of State to include in each annual report to the Congress on conditions in Hong Kong, among other things, assessments of: (1) whether the Hong Kong people have a legislature that is fairly and freely elected; (2) Hong Kong's or China's cooperation in securing certain agreements with the United States; and (3) the autonomy of Hong Kong and its customs territory. Prohibits the use of funds made available for the U.S. Information Agency (USIA) for the participation of any member of the Hong Kong provisional legislature in any academic, professional, or cultural program of the USIA, including any international visitors program, any citizens exchange program, and any scholarship or fellowship associated with any such program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fiscal Integrity through Transparency (FIT) Act of 2008''. TITLE I--CONSTRAINING THE GROWTH OF THE FEDERAL GOVERNMENT SEC. 101. CONSTRAINING GROWTH. (a) Constraining Growth.--Title III of the Congressional Budget Act of 1974 is amended by adding at the end the following new section: ``constraining the growth of the federal government ``Sec. 316. (a) Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any concurrent resolution on the budget for any fiscal year if the percentage increase for the projected total outlays for such fiscal year compared to the projected total outlays for the preceding fiscal year set forth in the most recently agreed to concurrent resolution on the budget exceeds the allowable growth percentage. ``(b) Allowable Growth Percentage.--As used in subsection (a), the term `allowable growth percentage' for the applicable fiscal year refers to the mean of the annual percentage growth of mean earnings of full-time, year-round workers; compensation of employees; and gross domestic product (GDP) for the United States for the most recent calendar year for which such data may be obtained from the U.S. Census Bureau and the Bureau of Economic Analysis (BEA) of the Department of Commerce compared to the immediately preceding calendar year before the concurrent resolution on the budget for the applicable fiscal year is reported by the Committee on the Budget of the House of Representatives or Senate, as the case may be. ``(c) Super Majority Required for Waiver.--Subsection (a) may be waived or suspended in the House of Representatives or the Senate by a two-thirds vote of its Members voting, a quorum being present.''. (b) Conforming Amendment.--The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Act of 1974 is amended by adding after the item relating to section 315 the following new item: ``Sec. 316. Constraining the Growth of the Federal Government.''. TITLE II--EFFICIENCY AND RESPONSIBILITY FROM THE FEDERAL GOVERNMENT SEC. 201. ANNUAL REPORTS BY FEDERAL DEPARTMENTS AND AGENCIES TO GOVERNMENT ACCOUNTABILITY OFFICE. (a) Report Requirement.--Each Federal department and agency annually shall submit to the Comptroller General a report on the total operating costs of the department or agency for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (b) Audit by GAO.--Each year the Comptroller General shall randomly select 10 percent of the reports submitted under subsection (a) and audit the reports. (c) Intelligence Report Requirement.--Each intelligence department and agency of the Federal Government, and each intelligence-related division within a department or agency, shall submit to the Select Committee on Intelligence of the House of Representatives the total operating costs of the agency, department, or division for the year covered by the report, with a separate statement containing details on waste, fraud, and abuse during such year. (d) First Reports.--The first reports under this section shall be submitted not later than one year after the date of the enactment of this Act. SEC. 202. ANNUAL REPORT BY COMPTROLLER GENERAL. (a) Annual GAO Report on Reports of Federal Departments and Agencies.--The Comptroller General shall submit to Congress an annual report on the results of the reports submitted under section 201(a). (b) First Report.--The first report under this section shall be submitted not later than 18 months after the date of the enactment of this Act. SEC. 203. PLAN FOR REDUCTION OF OPERATIONAL COSTS OF FEDERAL DEPARTMENTS AND AGENCIES. (a) Plan Requirement.--Not later than one year after the date of the enactment of this Act, each Federal department or agency shall design a plan to reduce its operational costs from $.36 of every $1.00 appropriated to the department or agency to $.15 of every $1.00 (or reduce their operational costs by 41.67 percent) appropriated to the department or agency through the use of new technologies and standard management practices. (b) Implementation of Plan.--Not later than 10 years after the date of the enactment of this Act, each Federal department or agency shall implement the plan for the department or agency developed under subsection (a). (c) Annual Progress Reports.--Each Federal department or agency shall submit to Congress a report each year detailing the progress of the department or agency in implementing the plan for the department or agency developed under subsection (a). SEC. 204. INFORMING TAXPAYERS. (a) Statement To Appear on Tax Returns.--The Secretary of the Treasury shall include, on each form for making the return of tax imposed under chapter 1 of the Internal Revenue Code of 1986, a statement of the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies for the most recent year for which the Secretary has received information under subsection (b). (b) Determination of Aggregate Waste, Fraud, and Abuse by Comptroller General.--The Comptroller General shall annually report to the Secretary of the Treasury the aggregate dollar amount of waste, fraud, and abuse by all Federal departments and agencies as determined by the Comptroller General on the basis of the reports submitted by Federal departments and agencies under section 201. TITLE III--PROVIDING EARMARK TRANSPARENCY SEC. 301. EARMARK TRANSPARENCY. (a) Earmark Transparency.-- Title III of the Congressional Budget Act of 1974 as amended by section 101 is further amended by adding at the end the following new section: ``earmark transparency ``Sec. 317. (a) In General.--All requests for earmarks received by the Committee on Appropriations (or any subcommittee thereof) of the House of Representatives or the Senate shall be posted by the applicable Committee on Appropriations (or subcommittee thereof) on its website at least 14 calendar days before the committee or subcommittee, as applicable, begins marking up the applicable measure. Each such posting of an earmark shall include the name of the Member requesting the earmark, the cost of the earmark, and a justification of why the earmark is needed. ``(b) Definition.--As used in subsection (a), the term `earmark' means-- ``(1) in the case of the House of Representatives, `congressional earmark' as such term is defined by clause 9(d) of rule XXI of the Rules of the House of Representatives; and ``(2) in the case of the Senate, `congressionally directed spending item' as such term is defined by clause 5 of rule XLIV of the Standing Rules of the Senate.''. | Fiscal Integrity through Transparency (FIT) Act of 2008 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or in the Senate to consider any budget resolution for any fiscal year if the percentage increase for the projected total outlays compared to the projected total outlays for the preceding fiscal year exceeds the allowable growth percentage, as determined according to a specified formula. Requires a super majority vote in either chamber to waive or suspend such prohibition. Requires federal departments and agencies to report annually to the Comptroller General, and federal intelligence departments and agencies and their intelligence-related divisions to report annually to the House Select Committee on Intelligence, on total department or agency operating costs for the year, with a separate statement detailing waste, fraud, and abuse during such year. Requires each federal department or agency to design and implement a plan to reduce its operational costs from $.36 to $.15 of every $1.00 appropriated to it (or reduce such costs by 41.67%) through the use of new technologies and standard management practices. Requires the Secretary of the Treasury to include, on each federal tax return, a statement of the aggregate dollar amount of waste, fraud, and abuse by all federal departments and agencies for the most recent year accounted for. Requires all requests for earmarks received by the congressional appropriations committtees or subcommittees to be posted on their respective websites at least 14 calendar days before mark-up of the applicable measure. Requires each such posting to include the name of the requesting Member, the cost of the earmark, and a justification of its need. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Self-Sufficiency Act of 2007''. SEC. 2. ADMINISTRATIVE FEES FOR FAMILY SELF-SUFFICIENCY PROGRAM COSTS. Subsection (h) of section 23 of the United States Housing Act of 1937 (42 U.S.C. 1437u(h)) is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) Section 8 fees.-- ``(A) In general.--The Secretary shall establish a fee under section 8(q) for the costs incurred in administering the self-sufficiency program under this section to assist families receiving voucher assistance through section 8(o). ``(B) Eligibility for fee.--The fee shall provide funding for family self-sufficiency coordinators as follows: ``(i) Base fee.--A public housing agency serving 25 or more participants in the family self-sufficiency program under this section shall receive a fee equal to the costs of employing one full-time family self-sufficiency coordinator. An agency serving fewer than 25 such participants shall receive a prorated fee. ``(ii) Additional fee.--An agency that meets minimum performance standards shall receive an additional fee sufficient to cover the costs of employing a second family self- sufficiency coordinator if the agency has 75 or more participating families, and a third such coordinator if it has 125 or more participating families. ``(iii) Previously funded agencies.--An agency that received funding from the Department of Housing and Urban Development for more than three such coordinators in any of fiscal years 1998 through 2007 shall receive funding for the highest number of coordinators funded in a single fiscal year during that period, provided they meet applicable size and performance standards. ``(iv) Initial year.--For the first year in which a public housing agency exercises its right to develop an family self-sufficiency program for its residents, it shall be entitled to funding to cover the costs of up to one family self-sufficiency coordinator, based on the size specified in its action plan for such program. ``(v) State and regional agencies.--For purposes of calculating the family self- sufficiency portion of the administrative fee under this subparagraph, each administratively distinct part of a State or regional public housing agency shall be treated as a separate agency. ``(vi) Determination of number of coordinators.--In determining whether a public housing agency meets a specific threshold for funding pursuant to this paragraph, the number of participants being served by the agency in its family self-sufficiency program shall be considered to be the average number of families enrolled in such agency's program during the course of the most recent fiscal year for which the Department of Housing and Urban Development has data. ``(C) Proration.--If insufficient funds are available in any fiscal year to fund all of the coordinators authorized under this section, the first priority shall be given to funding one coordinator at each agency with an existing family self-sufficiency program. The remaining funds shall be prorated based on the number of remaining coordinators to which each agency is entitled under this subparagraph. ``(D) Recapture.--Any fees allocated under this subparagraph by the Secretary in a fiscal year that have not been spent by the end of the subsequent fiscal year shall be recaptured by the Secretary and shall be available for providing additional fees pursuant to subparagraph (B)(ii). ``(E) Performance standards.--Within six months after the date of the enactment of this paragraph, the Secretary shall publish a proposed rule specifying the performance standards applicable to funding under clauses (ii) and (iii) of subparagraph (B). Such standards shall include requirements applicable to the leveraging of in-kind services and other resources to support the goals of the family self-sufficiency program. ``(F) Data collection.--Public housing agencies receiving funding under this paragraph shall collect and report to the Secretary, in such manner as the Secretary shall require, information on the performance of their family self-sufficiency programs. ``(G) Evaluation.--The Secretary shall conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable. Not later than the expiration of the 4- year period beginning upon the enactment of this paragraph, the Secretary shall submit an interim evaluation report to the Congress. Not later than the expiration of the 8-year period beginning upon such enactment, the Secretary shall submit a final evaluation report to the Congress. There is authorized to be appropriated $10,000,000 to carry out the evaluation under this subparagraph. ``(H) Incentives for innovation and high performance.--The Secretary may reserve up to 10 percent of the amounts made available for administrative fees under this paragraph to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving the goals of the program.''. Passed the House of Representatives September 25, 2008. Attest: LORRAINE C. MILLER, Clerk. | Family Self-Sufficiency Act of 2007 - Amends the United States Housing Act of 1937 to revise requirements for the administrative fee payable to public housing agencies (PHAs) to cover the costs of administering family self-sufficiency programs in connection with the housing choice voucher program of the Department of Housing and Urban Development (HUD). Prescribes: (1) a base fee for a PHA serving 25 or more program participants equal to the costs of employing one full-time family self-sufficiency coordinator (prorated for an agency serving fewer than 25 such participants); and (2) an additional fee for an agency meeting minimum performance standards to cover the costs of employing a second coordinator if the agency has 75 or more participating families, and a third coordinator if it has 125 or more participating families. Requires the Secretary to publish a proposed rule specifying the performance standards applicable to funding such additional fees and agencies that have received HUD funding for more than three such coordinators between FY1998-FY2007. Requires PHAs receiving such funds to collect and report to the Secretary information on the performance of their family self-sufficiency programs. Directs the Secretary to: (1) conduct a formal and scientific evaluation of the effectiveness of well-run family self-sufficiency programs, using random assignment of participants to the extent practicable; and (2) submit interim and final reports to Congress. Authorizes appropriations for the evaluation. Permits the Secretary to reserve up to 10% of the amounts available for administrative fees to provide support to or reward family self-sufficiency programs that are particularly innovative or highly successful in achieving program goals. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) It is estimated that there are 17,000,000 patients with diabetes in the United States and that diabetes costs the United States $132,000,000,000 each year. (2) There has been a 61 percent increase in the number of Americans with diabetes since 1990. (3) Fifteen percent of people with diabetes will experience a foot ulcer, and between 14 and 24 percent of those with a foot ulcer will require an amputation. (4) The increased incidence of diabetes has resulted in more lower extremity amputations. From 1980 to 1996, the number of diabetes-related hospital discharges with lower extremity amputations increased from 36,000 to 86,000 per year. (5) The Medicare costs for diabetes patients with foot ulcers is 3 times higher than for diabetes patients in general, and inpatient care accounts for 74 percent of diabetic ulcer- related costs. Therefore, cost effective ulcer prevention and treatment interventions will reduce Medicare costs. (6) Lower extremity amputations are devastating to the patient, and with an average cost of $60,000, these procedures are a costly burden on the health system. (7) Research shows that a multidisciplinary approach, including preventive strategies, patient and staff education, and treatment of foot ulcers, has been reported to reduce amputation rates by more than 50 percent at a fraction of the cost. SEC. 3. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. Title III of the Public Health Service Act (42 U.S.C. 241 et seq.) is amended by inserting after section 330K the following: ``SEC. 330L. GRANTS FOR EDUCATION, SCREENING, AND TREATMENT REGARDING DIABETIC FOOT COMPLICATIONS. ``(a) Grants.--Subject to subsection (b), the Secretary shall award grants to eligible entities for the following: ``(1) Providing a high-risk, underserved population with screening, education, and evidence-based medical treatment regarding diabetic foot complications that may lead to lower extremity amputations. ``(2) Evaluating the quality, cost effectiveness, parity, and patient satisfaction of medical interventions in the prevention of diabetic foot complications and lower extremity amputations. ``(b) Restriction.--A grant under this section may be used to pay for a treatment only if the treatment is preventive in nature or is part of comprehensive outpatient care. ``(c) Eligible Entities.--For purposes of this section, the term `eligible entity' means a multidisciplinary health care program, which may be university-based, that demonstrates to the Secretary's satisfaction the following: ``(1) An ability to provide high-quality, cost-effective, and accessible treatment to a patient population that has a high incidence of diabetes relative to the national average and a general inability to access diabetic foot treatment programs. ``(2) An ability to successfully educate patients and health care providers about preventive health care measures and treatment methods for diabetic foot complications. ``(3) An ability to analyze and compile the results of research on diabetic foot complications and conduct additional research on diabetic foot complications. ``(d) Criteria.--The Secretary, in consultation with appropriate professional organizations, shall develop criteria for carrying out the grant program under this section and for collecting data to evaluate the effectiveness of the grant program. These criteria shall ensure the following: ``(1) The establishment of an authoritative, collaborative, multi-center study on the impact of comprehensive prevention and treatment of diabetic foot complications in high-risk, underserved populations, upon which future determinations can be based. ``(2) The establishment, in coordination with grant recipients, of evidence-based guidelines and standardized measurement outcomes that may be used to evaluate the overall results of projects under this section. ``(3) The provision to grant recipients of the necessary resources to develop programs that effectively treat patients. ``(e) Application.--To seek a grant under this section, an eligible entity must submit an application to the Secretary in such form, in such manner, and containing such information as the Secretary may require. ``(f) Evaluations.--The Secretary may not award a grant to an eligible entity under this section unless the entity agrees to submit to the Secretary a yearly evaluation of the entity's operations and activities carried out under the grant. ``(g) Study; Report.--Annually, the Secretary-- ``(1) shall conduct an authoritative study on the results of grants under this section, for the purpose of better informing future determinations regarding education, screening, and treatment of diabetic foot complications; and ``(2) shall submit a report on the findings and conclusions of the study to the Congress. ``(h) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $25,000,000 for fiscal year 2004 and such sums as may be necessary for each of fiscal years 2005 through 2008.''. | Diabetic Foot Complication and Lower Extremity Amputation Reduction Act of 2003 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to eligible multidisciplinary health care programs for education, screening, and treatment respecting diabetic foot complications and lower extremity amputations. |
Subsets and Splits