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SECTION 1. SHORT TITLE. This Act may be cited as the ``Building, Renovating, Improving, and Constructing Kids' Schools Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to a 1999 issue brief prepared by the National Center for Education Statistics, the average public school in America is 42 years old, and school buildings begin rapid deterioration after 40 years. In addition, 29 percent of all public schools are in the oldest condition, meaning that the schools were built before 1970 and have either never been renovated or were renovated prior to 1980. (2) According to reports issued by the General Accounting Office (GAO) in 1995 and 1996, it would cost $112,000,000,000 to bring the Nation's schools into good overall condition, and one-third of all public schools need extensive repair or replacement. (3) Many schools do not have the appropriate infrastructure to support computers and other technologies that are necessary to prepare students for the jobs of the 21st century. (4) Without impeding on local control, the Federal Government appropriately can assist State, regional, and local entities in addressing school construction, renovation, and repair needs by providing low-interest loans for purposes of paying interest on related bonds and by supporting other State- administered school construction programs. SEC. 3. DEFINITIONS. In this Act: (1) Bond.--The term ``bond'' includes any obligation. (2) Governor.--The term ``Governor'' includes the chief executive officer of a State. (3) Local educational agency.--The term ``local educational agency'' has the meaning given to such term by section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (4) Public school facility.--The term ``public school facility'' shall not include-- (A) any stadium or other facility primarily used for athletic contests or exhibitions, or other events for which admission is charged to the general public; or (B) any facility that is not owned by a State or local government or any agency or instrumentality of a State or local government. (5) Qualified school construction bond.--The term ``qualified school construction bond'' means any bond (or portion of a bond) issued as part of an issue if-- (A) 95 percent or more of the proceeds attributable to such bond (or portion) are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds; (B) the bond is issued by a State, regional, or local entity, with bonding authority; and (C) the issuer designates such bond (or portion) for purposes of this section. (6) Stabilization fund.--The term ``stabilization fund'' means the stabilization fund established under section 5302 of title 31, United States Code. (7) 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, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. SEC. 4. LOANS FOR SCHOOL CONSTRUCTION BOND INTEREST PAYMENTS AND OTHER SUPPORT. (a) Loan Authority and Other Support.-- (1) Loans and state-administered programs.-- (A) In general.--Except as provided in subparagraph (B), from funds made available to a State under section 5(b) the State, in consultation with the State educational agency-- (i) shall use not less than 50 percent of the funds to make loans to State, regional, or local entities within the State to enable the entities to make annual interest payments on qualified school construction bonds that are issued by the entities not later than December 31, 2004; and (ii) may use not more than 50 percent of the funds to support State revolving fund programs or other State-administered programs that assist State, regional, and local entities within the State in paying for the cost of construction, rehabilitation, repair, or acquisition described in section 3(5)(A). (B) States with restrictions.--If, on the date of enactment of this Act, a State has in effect a law that prohibits the State from making the loans described in subparagraph (A)(i), the State, in consultation with the State educational agency, may use the funds described in subparagraph (A) to support the programs described in subparagraph (A)(ii). (2) Requests.--The Governor of each State desiring assistance under this Act shall submit a request to the Secretary of the Treasury at such time and in such manner as the Secretary of the Treasury may require. (3) Priority.--In selecting entities to receive funds under paragraph (1) for projects involving construction, rehabilitation, repair, or acquisition of land for schools, the State shall give priority to entities with projects for schools with greatest need, as determined by the State. In determining the schools with greatest need, the State shall take into consideration whether a school-- (A) is among the schools that have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as-- (i) children living in areas with high concentrations of low-income families; (ii) children from low-income families; and (iii) children living in sparsely populated areas; (B) has inadequate school facilities and a low level of resources to meet the need for school facilities; (C) is located in an area experiencing high population growth; or (D) meets such criteria as the State may determine to be appropriate. (b) Repayment.-- (1) In general.--Subject to paragraph (2), a State that uses funds made available under section 5(b) to make a loan or support a State-administered program under subsection (a)(1) shall repay to the stabilization fund the amount of the loan or support, plus interest, at an annual rate of 4.5 percent. A State shall not be required to begin making such repayment until the year immediately following the 15th year for which the State is eligible to receive annual distributions from the fund (which shall be the final year for which the State shall be eligible for such a distribution under this Act). The amount of such loan or support shall be fully repaid during the 10- year period beginning on the expiration of the eligibility of the State under this Act. (2) Exceptions.-- (A) In general.--The interest on the amount made available to a State under section 5(b) shall not accrue, prior to January 1, 2007, unless the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) for any fiscal year prior to fiscal year 2007 is sufficient to fully fund such part for the fiscal year at the originally promised level, which promised level would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State. (B) Applicable interest rate.--Effective January 1, 2007, the applicable interest rate that will apply to an amount made available to a State under section 5(b) shall be-- (i) 0 percent with respect to years in which the amount appropriated to carry out part B of the Individuals with Disabilities Education Act (20 U.S.C. 1411 et seq.) is not sufficient to provide to each State at least 20 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State; (ii) 2.5 percent with respect to years in which the amount described in clause (i) is not sufficient to provide to each State at least 30 percent of such average per-pupil expenditure; (iii) 3.5 percent with respect to years in which the amount described in clause (i) is not sufficient to provide to each State at least 40 percent of such average per-pupil expenditure; and (iv) 4.5 percent with respect to years in which the amount described in clause (i) is sufficient to provide to each State at least 40 percent of such average per-pupil expenditure. (c) Federal Responsibilities.--The Secretary of the Treasury and the Secretary of Education-- (1) jointly shall be responsible for ensuring that funds provided under this Act are properly distributed; (2) shall ensure that funds provided under this Act are used only to pay for-- (A) the interest on qualified school construction bonds; or (B) a cost described in subsection (a)(1)(A)(ii); and (3) shall not have authority to approve or disapprove school construction plans assisted pursuant to this Act, except to ensure that funds made available under this Act are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair, and acquisition of land for school facilities, in the State that would have occurred in the absence of such funds. SEC. 5. AMOUNTS AVAILABLE TO EACH STATE. (a) Reservation for Indians.-- (1) In general.--From $20,000,000,000 of the funds in the stabilization fund, the Secretary of the Treasury shall make available $400,000,000 to provide assistance to Indian tribes. (2) Use of funds.--An Indian tribe that receives assistance under paragraph (1)-- (A) shall use not less than 50 percent of the assistance for a loan to enable the Indian tribe to make annual interest payments on qualified school construction bonds, in accordance with the requirements of this Act that the Secretary of the Treasury determines to be appropriate; and (B) may use not more than 50 percent of the assistance to support tribal revolving fund programs or other tribal-administered programs that assist tribal governments in paying for the cost of construction, rehabilitation, repair, or acquisition described in section 3(5)(A), in accordance with the requirements of this Act that the Secretary of the Treasury determines to be appropriate. (b) Amounts Available.-- (1) In general.--Subject to paragraph (3) and from $20,000,000,000 of the funds in the stabilization fund that are not reserved under subsection (a), the Secretary of the Treasury shall make available to each State submitting a request under section 4(a)(2) an amount that bears the same relation to such remainder as the amount the State received under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) for fiscal year 2001 bears to the amount received by all States under such part for such year. (2) Disbursal.--The Secretary of the Treasury shall disburse the amount made available to a State under paragraph (1) or (3), on an annual basis, during the period beginning on October 1, 2001, and ending September 30, 2018. (c) Notification.--The Secretary of the Treasury and the Secretary of Education jointly shall notify each State of the amount of funds the State may receive for loans and other support under this Act. | Building, Renovating, Improving, and Constructing Kids' Schools Act - Directs the Secretary of the Treasury to make amounts in the Treasury stabilization fund available to States for loans for school construction bond interest payments and related support.Requires States to use at least 50 percent of such funds for loans to enable State, regional, or local entities to make annual interest payments on certain qualified school construction bonds they issue. Allows States to use up to 50 percent of such funds to support State revolving fund programs or other State-administered programs that assist such entities to pay for certain construction, rehabilitation, repair, or acquisition costs, with priority for projects for schools with the greatest need.Sets forth requirements for loan repayment and interest rate. Exempts a State from repayment and interest rate accrual before January 1, 2007, unless the amount appropriated to carry out assistance for education of all children with disabilities under the Individuals with Disabilities Education Act for any fiscal year before FY 2007 is sufficient to fully fund such assistance for the fiscal year at the originally promised level, which would provide to each State 40 percent of the average per-pupil expenditure for providing special education and related services for each child with a disability in the State.Directs the Secretaries of the Treasury and of Education to ensure that funds are used only to pay for the interest on qualified school construction bonds or for certain other costs. Denies the Secretaries authority to approve or disapprove school construction plans assisted under this Act, except to ensure that funds are used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such funds. |
SECTION 1. RESTORATION OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE AND OTHER RELIEF FOR VETERANS AFFECTED BY SCHOOL CLOSURE OR DISAPPROVAL. (a) School Closure or Disapproval.-- (1) Restoration of entitlement.--Chapter 36 is amended by adding at the end the following new section: ``Sec. 3699. Effects of closure or disapproval of educational institution ``(a) Closure or Disapproval.--Any payment of educational assistance described in subsection (b) shall not-- ``(1) be charged against any entitlement to educational assistance of the individual concerned; or ``(2) be counted against the aggregate period for which section 3695 of this title limits the receipt of educational assistance by such individual. ``(b) Educational Assistance Described.--Subject to subsection (c), the payment of educational assistance described in this paragraph is the payment of such assistance to an individual for pursuit of a course or program of education at an educational institution under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, if the Secretary determines that the individual-- ``(1) was unable to complete such course or program as a result of-- ``(A) the closure of the educational institution; or ``(B) the disapproval of the course or a course that is a necessary part of that program under this chapter by reason of-- ``(i) a provision of law enacted after the date on which the individual enrolls at such institution affecting the approval or disapproval of courses under this chapter; or ``(ii) after the date on which the individual enrolls at such institution, the Secretary prescribing or modifying regulations or policies of the Department affecting such approval or disapproval; and ``(2) did not receive credit or lost training time, toward completion of the program of education being so pursued. ``(c) Period Not Charged.--The period for which, by reason of this subsection, educational assistance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of this title shall not exceed the aggregate of-- ``(1) the portion of the period of enrollment in the course from which the individual did not receive credit or with respect to which the individual lost training time, as determined under subsection (b)(2), and ``(2) the period by which a monthly stipend is extended under section 3680(a)(2)(B) of this title. ``(d) Continuing Pursuit of Disapproved Courses.--(1) The Secretary may treat a course of education that is disapproved under this chapter as being approved under this chapter with respect to an individual described in paragraph (2) if the Secretary determines, on a case-by- case basis, that-- ``(A) such disapproval is the result of an action described in clause (i) or (ii) of subsection (b)(1)(B); and ``(B) continuing pursuing such course is in the best interest of the individual. ``(2) An individual described in this paragraph is an individual who is pursuing a course of education at an educational institution under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, as of the date on which the course is disapproved under this chapter. ``(e) Notice of Closures.--Not later than five business days after the date on which the Secretary receives notice that an educational institution will close or is closed, the Secretary shall provide to each individual who is enrolled in a course or program or education at such educational institution using entitlement to educational assistance under chapter 30, 32, 33, or 35 of this title, or chapter 1606 or 1607 of title 10, notice of-- ``(1) such closure and the date of such closure; and ``(2) the effect of such closure on the individual's entitlement to educational assistance pursuant to this section.''. (2) Clerical amendment.--The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3698 the following new item: ``3699. Effects of closure or disapproval of educational institution.''. (b) Monthly Housing Stipend.-- (1) In general.--Subsection (a) section 3680 is amended-- (A) by striking the matter after paragraph (3)(B); (B) in paragraph (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (C) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (D) in the matter preceding subparagraph (A), as redesignated, in the first sentence, by striking ``Payment of'' and inserting ``(1) Except as provided in paragraph (2), payment of''; and (E) by adding at the end the following new paragraph (2): ``(2) Notwithstanding paragraph (1), the Secretary may, pursuant to such regulations as the Secretary shall prescribe, continue to pay allowances to eligible veterans and eligible persons enrolled in courses set forth in paragraph (1)(A)-- ``(A) during periods when educational institutions are temporarily closed under an established policy based on an Executive order of the President or due to an emergency situation, except that the total number of weeks for which allowances may continue to be so payable in any 12-month period may not exceed four weeks; or ``(B) solely for the purpose of awarding a monthly housing stipend described in section 3313 of this title, during periods following a permanent closure of an educational institution, or following the disapproval of a course of study described in section 3699(b)(1)(B) of this title, except that payment of such a stipend may only be continued until the earlier of-- ``(i) the date of the end of the term, quarter, or semester during which the closure or disapproval occurred; and ``(ii) the date that is 120 days after the date of the closure or disapproval.''. (2) Conforming amendment.--Paragraph (1)(C)(ii) of such subsection, as redesignated, is amended by striking ``described in subclause (A) of this clause'' and inserting ``described in clause (i)''. (c) Applicability.-- (1) School closure or disapproval.-- (A) In general.--The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act, and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), after January 1, 2015. (B) Special application.--With respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by subsection (a)(1), during the period beginning January 1, 2015, and ending on the date of the enactment of this Act, an individual who does not transfer credits from such program of education shall be deemed to be an individual who did not receive such credits, as described in subsection (b)(2) of such section, except that the period for which the individual's entitlement is not charged shall be the entire period of the individual's enrollment in the program of education. In carrying out this paragraph, the Secretary of Veterans Affairs, in consultation with the Secretary of Education, shall establish procedures to determine whether the individual transferred credits to a comparable course or program of education. (2) Monthly housing stipend.--The amendments made by subsection (b) shall take effect on August 1, 2018, and shall apply with respect to courses and programs of education discontinued as described in section 3699 of title 38, United States Code, as added by such subsection, on or after the date of the enactment of this Act. | This bill provides that if a veteran or reservist is forced to discontinue a certain course or program as a result of a school closure or disapproval of a necessary course and did not receive credit or lost training time toward completion of the education program, Department of Veterans Affairs (VA) educational assistance payments shall not, for a specified period, be: charged against the individual's entitlement to educational assistance, or counted against the aggregate period for which such assistance may be provided. The bill, with an exception, applies to education courses and programs discontinued after January 1, 2015. The VA may continue to pay educational assistance and subsistence allowances to eligible veterans and eligible persons enrolled in specified courses for up to 4 weeks in any 12-month period when schools are temporarily closed under an established policy based on a presidential executive order or due to an emergency. The VA shall, within five business days after receiving notice of a closure or intended closure, notify each affected individual of such closure and its effect on the individual's entitlement to educational assistance. The VA may also continue to pay a monthly housing stipend following a permanent school closure or disapproval of a course of study, but only until the earlier of: (1) the end of the term, quarter, or semester during which the school closure or disapproval occurred; and (2) 120 days after the closure or disapproval. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Medical Services Support Act''. SEC. 2. DEFINITION. In this Act, the term ``community-based emergency medical services'' means any regional, State, or local emergency medical services system. SEC. 3. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES. (a) In General.--There is established a Federal Interagency Committee on Emergency Medical Services (in this Act referred to as the ``Interagency Committee on EMS'') which shall-- (1) assure coordination between the Federal agencies involved with State, local, and community-based emergency medical services; (2) identify community-based emergency medical services' needs; (3) create, or recommend, new or expanded grant programs for the purposes of improving community-based emergency medical services; (4) identify other ways to streamline the process through which Federal agencies support community-based emergency medical services; and (5) assist in priority setting based on discovered needs. (b) Membership.--The membership of the Interagency Committee on EMS shall consist of-- (1) a representative from the National Highway Transportation Administration of the Department of Transportation; (2) a representative of the Health Resources and Services Administration of the Department of Health and Human Services; (3) a representative of the Centers for Disease Control and Prevention of the Department of Health and Human Services; (4) a representative of the United States Fire Administration of the Federal Emergency Management Agency; (5) a representative of the Center for Medicare and Medicaid Services; (6) a representative of the Department of Defense; (7) a representative of the Office of Emergency Preparedness of the Department of Health and Human Services; (8) a representative from the Wireless Telecom Bureau of the Federal Communications Commission; and (9) representatives of any other Federal agencies identified by the President as having a significant role in the purposes of the Interagency Committee on EMS. (c) Administration.--The National Highway Traffic Safety Administration shall provide administrative support to the Interagency Committee on EMS and the Advisory Council which shall include the scheduling of meetings, construction of an agenda, maintenance of minutes and records, report production, and reimbursement of advisory council members. (d) Leadership.--A chairperson of the Interagency Committee on EMS shall be selected annually by the members of the Interagency Committee on EMS. (e) Meetings.--The Interagency Committee on EMS shall meet as frequently as is determined by the Administrator of the National Highway Transportation Administration or on a quarter annual basis with the Advisory Council. SEC. 4. FEDERAL INTERAGENCY COMMITTEE ON EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL. (a) Establishment.--There is established a Federal Interagency Committee on Emergency Medical Services Advisory Council (in this Act referred to as the ``Advisory Council'') which shall consist of not more than 13 individuals with an interest or expertise in emergency medical services selected by the Interagency Committee on EMS. (b) Membership.--The Interagency Committee on EMS shall assure representation from both urban and rural settings, and assure diverse representation from all sectors of the emergency medical services community on the panel. (c) Leadership.--A chairperson of the Advisory Council shall be selected annually by the Advisory Council members. (d) Compensation and Reimbursement.--The members of the Advisory Council shall serve without compensation except for the reimbursement of necessary expenses. (e) Meetings.--The Advisory Council shall meet on a quarter annual basis with the Interagency Committee on EMS. SEC. 5. ANNUAL REPORTS. The Interagency Committee on EMS and the Advisory Council shall each prepare an annual report to each House of Congress which shall include-- (1) a description of support currently being provided by the Committee or Council to community-based emergency medical services providers; (2) a description of how emergency medical services programs are being coordinated between the Federal agencies; (3) a needs assessment for improving community-based emergency medical services systems at State and local levels; (4) recommendations to Congress regarding the creation of new or the expansion of existing grants or other programs for improving community-based emergency medical services; and (5) recommendations about other measures that Congress can take to support community-based emergency medical services. | Emergency Medical Services Support Act - Establishes a Federal Interagency Committee on Emergency Medical Services to provide intergovernmental coordination of emergency medical services. Requires the Committee to: (1) identify community-based emergency medical services' needs; (2) make grant program and streamlining recommendations; and (3) set priorities.Establishes a Federal Interagency Committee on Emergency Medical Services Advisory Council. Requires the Committee and the Council to each report annually to Congress on the state of community-abased emergency medical services, including recommendations. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Strengthening Taxpayer Rights Act of 2017''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986, as amended. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; etc. TITLE I--PREPARATION OF TAX RETURNS Sec. 101. Preparer penalties with respect to preparation of returns and other submissions. Sec. 102. Limit redisclosures and uses of consent-based disclosures of tax return information. TITLE II--IMPROVING IRS PROCEDURES Sec. 201. Modification of requirements relating to tax lien information contained in consumer credit reports. Sec. 202. De novo tax court review of innocent spouse relief determinations. Sec. 203. Removal of nonpayment period from list of triggering events for returns relating to cancellation of indebtedness. Sec. 204. Special rules for levies that attach to a fixed and determinable right. TITLE I--PREPARATION OF TAX RETURNS SEC. 101. PREPARER PENALTIES WITH RESPECT TO PREPARATION OF RETURNS AND OTHER SUBMISSIONS. (a) Inclusion of Other Submissions in Penalty Provisions.-- (1) Understatement of taxpayer's liability by tax return preparer.-- (A) In general.--Section 6694 is amended by striking ``return or claim of refund'' each place it appears and inserting ``return, claim of refund, or other submission to the Secretary''. (B) Conforming amendments.--Section 6694, as amended by paragraph (1), is amended by striking ``return or claim'' each place it appears and inserting ``return, claim, or other submission to the Secretary''. (2) Increase in penalty in case of gross misconduct.-- Subsection (b) of section 6694 is amended by adding at the end the following new paragraph: ``(4) Increase in penalty in case of gross misconduct.--In the case of an understatement to which this section applies that is attributable to the tax return preparer's making a false or fraudulent return or claim for refund without the taxpayer's knowledge, subsection (a) shall be applied by substituting `100 percent of the amount of the understatement' for `50 percent of the amount derived (or to be derived) by the tax return preparer with respect to the return or claim'. This penalty shall be in addition to any other penalties provided by law.''. (3) Other assessable penalties.-- (A) In general.--Section 6695 is amended by striking ``return or claim for refund'' each place it appears and inserting ``return, claim for refund, or other submission''. (B) Conforming amendments.--Section 6695, as amended by paragraph (1), is amended by striking ``return or claim'' each place it appears and inserting ``return, claim, or other submission''. (b) Increase in Certain Other Assessable Penalty Amounts.-- (1) In general.--Subsections (a), (b), and (c) of section 6695 are each amended by striking ``$50'' and inserting ``$1,000''. (2) Removal of annual limitation.--Subsections (a), (b), and (c) of section 6695 are each amended by striking the last sentence thereof. (c) Review by the Treasury Inspector General for Tax Administration.--Subparagraph (A) of section 7803(d)(2) is amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by adding at the end the following new clause: ``(v) a summary of the penalties assessed and collected during the reporting period under sections 6694 and 6695 and under the regulations promulgated under section 330 of title 31, United States Code, and a review of the procedures by which violations are identified and penalties are assessed under those sections,''. (d) Additional Certification on Documents Other Than Returns.-- (1) Identifying number required for all submissions to the irs by tax return preparers.--The first sentence of paragraph (4) of section 6109(a) is amended by striking ``return or claim for refund'' and inserting ``return, claim for refund, statement, or other document''. (2) Effective date.--The amendment made by paragraph (1) shall apply to any return, claim for refund, or submission to the Secretary that is filed after the date of the enactment of this Act. (e) Coordination With Section 6060(a).--The Secretary of the Treasury shall coordinate the requirements under the regulations promulgated under sections 330 and 330A of title 31, United States Code, with the return requirements of section 6060 of the Internal Revenue Code of 1986. (f) Effective Date.--The regulations required by this section shall be prescribed not later than one year after the date of the enactment of this Act. SEC. 102. LIMIT REDISCLOSURES AND USES OF CONSENT-BASED DISCLOSURES OF TAX RETURN INFORMATION. (a) In General.--Subsection (c) of section 6103 is amended by striking ``However, return'' and inserting the following: ``Persons designated by the taxpayer to receive return information shall not use the information for any purpose other than the express purpose for which consent was granted and shall not disclose return information to any other person without the express permission of, or request by, the taxpayer. Return''. (b) Effective Date.--The amendment made by this section shall apply to disclosures after the date of the enactment of this Act. TITLE II--IMPROVING IRS PROCEDURES SEC. 201. MODIFICATION OF REQUIREMENTS RELATING TO TAX LIEN INFORMATION CONTAINED IN CONSUMER CREDIT REPORTS. (a) In General.--Paragraph (3) of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)(3)) is amended to read as follows: ``(3) Tax liens.--The following tax liens: ``(A) Any tax lien released pursuant to section 6325(a) of the Internal Revenue Code of 1986 not more than 2 years after the date that the notice of such lien was filed. ``(B) Any tax lien released pursuant to section 6325(a) of such Code-- ``(i) more than 2 years after the date that the notice of such lien was filed, and ``(ii) more than 2 years before the report. ``(C) Any tax lien if-- ``(i) the notice of such lien was not refiled during the required refiling period (as defined in section 6323(g)(3) of such Code), and ``(ii) such period ends more than 6 years before the report. ``(D) Any tax lien the notice of which is withdrawn pursuant to section 6323(j)(1) of such Code. ``(E) Any tax lien released pursuant to section 6326(b) of such Code if the notice of such lien was erroneously filed.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 202. DE NOVO TAX COURT REVIEW OF INNOCENT SPOUSE RELIEF DETERMINATIONS. (a) In General.--Section 6015 is amended-- (1) in subsection (e), by adding at the end the following new paragraph: ``(6) Standard and scope of review.--Any review of a determination made under this section shall be reviewed de novo by the Tax Court and shall be based upon-- ``(A) the administrative record established at the time of the determination, and ``(B) any additional newly discovered or previously unavailable evidence.''; and (2) by amending subsection (f) to read as follows: ``(f) Equitable Relief.-- ``(1) In general.--Under procedures prescribed by the Secretary, if-- ``(A) taking into account all the facts and circumstances, it is inequitable to hold the individual liable for any unpaid tax or any deficiency (or any portion of either), and ``(B) relief is not available to such individual under subsection (b) or (c), the Secretary may relieve such individual of such liability. ``(2) Limitation.--A request for equitable relief under this subsection may be made with respect to any portion of any liability that-- ``(A) has not been paid, provided that such request is made before the expiration of the applicable period of limitation under section 6502, or ``(B) has been paid, provided that such request is made during the period in which the individual could submit a timely claim for refund or credit of such payment.''. (b) Effective Date.--The amendments made by this section shall apply to petitions or requests filed or pending on and after the date of the enactment of this Act. SEC. 203. REMOVAL OF NONPAYMENT PERIOD FROM LIST OF TRIGGERING EVENTS FOR RETURNS RELATING TO CANCELLATION OF INDEBTEDNESS. (a) In General.--Subsection (c) of section 6050P is amended by adding at the end the following new paragraph: ``(4) Determining date of discharge.--Whether an entity has discharged the indebtedness of any person shall not be determined based solely on the passage of a specified period of time during which the entity has not received payment on such indebtedness.''. (b) Effective Date.--The amendments made by this section shall apply to discharges of indebtedness after the date of the enactment of this Act. SEC. 204. SPECIAL RULES FOR LEVIES THAT ATTACH TO A FIXED AND DETERMINABLE RIGHT. (a) In General.--Section 6331 is amended by redesignating subsection (l) as subsection (m) and by inserting after subsection (k) the following new subsection: ``(l) Limitation on Levy After Expiration of Collection Period.-- ``(1) Penalties and interest.--In the case of a levy that attaches to a fixed and determinable right to payments or other property, penalties, additions to tax, and interest shall not accrue after the expiration of the period of limitations provided in section 6502. ``(2) Retirement and disability payments.--In the case of a levy on benefits under title II of the Social Security Act, benefits under a plan on account of a disability, or retirement benefits or amounts held in a retirement plan, such levy is not enforceable with respect to such benefits or amounts after the expiration of the period of limitations provided in section 6502 unless the taxpayer has committed a flagrant act (as defined in section 6334(f)(2)).''. (b) Effective Date.--The amendments made by this section shall apply to levies served after the date of the enactment of this Act. | Strengthening Taxpayer Rights Act of 2017 This bill modifies requirements for the preparation of tax returns and Internal Revenue Service (IRS) procedures for the collection of taxes. The bill amends the Internal Revenue Code to: apply tax preparer penalties for the understatement of a taxpayer's liability and other violations to other submissions to the IRS, in addition to tax returns or refund claims; increase tax preparer penalties for gross misconduct and other violations; require identifying numbers to be included for all submissions to the IRS by tax return preparers (limited to tax returns or refund claims under current law); limit the disclosure of taxpayer information to the express purpose for which the taxpayer granted consent; provide for de novo review by the Tax Court of IRS innocent spouse relief determinations; specify that the determination of whether or not a debt has been discharged may not be based solely on a nonpayment period; and restrict the authority of the IRS to use a levy after the collection period has expired. The bill amends the Fair Credit Reporting Act to reduce from seven years to two years the period that a tax lien may appear on a taxpayer's credit report. |
SECTION 1. CREDIT FOR HIGH TECHNOLOGY JOB TRAINING EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45D. CREDIT FOR HIGH TECHNOLOGY JOB TRAINING. ``(a) General Rule.--For purposes of section 38, the high technology job training credit determined under this section is an amount equal to 50 percent of the qualified high technology job training expenses paid or incurred by the taxpayer during the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) shall not exceed $2,500 for the taxable year with respect to each substantially full-time employee. ``(c) Qualified High Technology Job Training Expense.--For purposes of this section-- ``(1) In general.--The term `qualified high technology job training expense' means any expense for educational assistance described in paragraph (1) of section 127(c) for the training of a substantially full-time employee in an information technology occupation. ``(2) Exceptions.--Such term does not include-- ``(A) expenses for which any other Federal or State credit or payment is made; or ``(B) expenses paid or incurred for a professional conference or for an orientation program. ``(d) Information Technology Occupation.--For purposes of this section, the term `information technology occupation' means an occupation specializing in the study, design, development, implementation, support, or management of computer based information systems, such as computer scientist, computer engineer, systems analyst, or computer programmer. ``(e) Substantially Full-Time Employee.--For purposes of this section, the term `substantially full-time employee' means an employee of the taxpayer who is normally employed for at least 30 hours per week. ``(f) Aggregation Rules.--All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of this section. ``(g) Termination.--This section shall not apply to any expenses paid or incurred after December 31, 2003.'' (b) Current Year Business Credit Calculation.--Subsection (b) of section 38 of such Code is amended-- (1) by striking ``plus'' at the end of paragraph (11); (2) by striking the period at the end of paragraph (12) and inserting ``, plus''; and (3) by adding at the end the following: ``(13) the high technology job training credit determined under section 45D(a).'' (c) Disallowance of Deduction by Amount of Credit.--Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end the following: ``(d) Credit for Certain Job Training Expenses.--No deduction shall be allowed for that portion of the qualified high technology job training expenses (as defined in section 45D(c)) paid or incurred during the taxable year that is equal to the amount of credit determined for the taxable year under section 45D(a). In the case of a corporation which is a member of a controlled group of corporations (within the meaning of section 52(a)) or a trade or business which is treated as being under common control with other trades or businesses (within the meaning of section 52(b)), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52.'' (d) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``, and''; and (3) by adding at the end the following: ``(8) the high technology job training credit determined under section 45D(a).'' (e) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end the following: ``(8) No carryback of high technology job training credit before effective date.--No amount of unused business credit available under section 45D may be carried back to a taxable year beginning on or before the date of the enactment of this paragraph.'' (f) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45C the following: ``Sec. 45D. Credit for high technology job training.'' (g) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Amends the Internal Revenue Code to temporarily establish an employer tax credit of up to $2,500 annually for expenses incurred for each full-time employee receiving high technology job training. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wildfire Disaster Funding Act of 2015''. SEC. 2. WILDFIRE DISASTER FUNDING AUTHORITY. (a) In General.--Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following: ``(E) Flame wildfire suppression.-- ``(i) If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, then the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed-- ``(I) for fiscal year 2016, $1,410,000,000 in additional new budget authority; ``(II) for fiscal year 2017, $1,460,000,000 in additional new budget authority; ``(III) for fiscal year 2018, $1,560,000,000 in additional new budget authority; ``(IV) for fiscal year 2019, $1,780,000,000 in additional new budget authority; ``(V) for fiscal year 2020 $2,030,000,000 in additional new budget authority; ``(VI) for fiscal year 2021, $2,320,000,000 in additional new budget authority; ``(VII) for fiscal year 2022, $2,650,000,000 in additional new budget authority; ``(VIII) for fiscal year 2023, $2,690,000,000 in additional new budget authority; ``(IX) for fiscal year 2024, $2,690,000,000 in additional new budget authority; and ``(X) for fiscal year 2025, $2,690,000,000 in additional new budget authority. ``(ii) As used in this subparagraph-- ``(I) the term `additional new budget authority' means the amount provided for a fiscal year, in excess of 70 percent of the average costs for wildfire suppression operations over the previous 10 years, in an appropriation Act and specified to pay for the costs of wildfire suppression operations; and ``(II) the term `wildfire suppression operations' means the emergency and unpredictable aspects of wildland firefighting including support, response, and emergency stabilization activities; other emergency management activities; and funds necessary to repay any transfers needed for these costs. ``(iii) The average costs for wildfire suppression operations over the previous 10 years shall be calculated annually and reported in the President's Budget submission under section 1105(a) of title 31, United States Code, for each fiscal year.''. (b) Disaster Funding.--Section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``and'' and inserting ``plus''; (B) in subclause (II), by striking the period and inserting ``; less''; and (C) by adding the following: ``(III) the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.''; and (2) by adding at the end the following: ``(v) Beginning in fiscal year 2018 and in subsequent fiscal years, the calculation of the `average funding provided for disaster relief over the previous 10 years' shall include the additional new budget authority provided in an appropriation Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.''. (c) Reporting Requirements.--If the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations, such Secretary shall promptly submit to Congress-- (1) a request for such supplemental appropriations; and (2) a plan detailing the manner in which such Secretary intends to obligate the supplemental appropriations by not later than 30 days after the date on which the amounts are made available. | Wildfire Disaster Funding Act of 2015 This bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to require specified adjustments to discretionary spending limits in FY2016-FY2025 to accommodate appropriations for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture (USDA) or the Department of the Interior. If USDA or Interior determines that supplemental appropriations are necessary for wildfire suppression operations, the bill requires the relevant department to submit to Congress a request for the funding and a plan for obligating the funds. The bill also requires the President's budget to include the average costs for wildfire suppression over the previous 10 years. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Thomas Cole National Historic Site 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. Findings and purposes. Sec. 4. Establishment of Thomas Cole National Historic Site. Sec. 5. Retention of ownership and management of historic site by Greene County Historical Society. Sec. 6. Administration of historic site. Sec. 7. Authorization of appropriations. SEC. 2. DEFINITIONS. As used in this Act: (1) The term ``historic site'' means the Thomas Cole National Historic Site established by section 4 of this Act. (2) The term ``Hudson River artists'' means artists who were associated with the Hudson River school of landscape painting. (3) The term ``plan'' means the general management plan developed pursuant to section 6(d). (4) The term ``Secretary'' means the Secretary of the Interior. (5) The term ``Society'' means the Greene County Historical Society of Greene County, New York, which owns the Thomas Cole home, studio, and other property comprising the historic site. SEC. 3. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The Hudson River school of landscape painting was inspired by Thomas Cole and was characterized by a group of 19th century landscape artists who recorded and celebrated the landscape and wilderness of America, particularly in the Hudson River Valley region in the State of New York. (2) Thomas Cole is recognized as America's most prominent landscape and allegorical painter of the mid-19th century. (3) Located in Greene County, New York, the Thomas Cole House, also known as Thomas Cole's Cedar Grove, is listed on the National Register of Historic Places and has been designated as a National Historic Landmark. (4) Within a 15 mile radius of the Thomas Cole House, an area that forms a key part of the rich cultural and natural heritage of the Hudson River Valley region, significant landscapes and scenes painted by Thomas Cole and other Hudson River artists, such as Frederic Church, survive intact. (5) The State of New York has established the Hudson River Valley Greenway to promote the preservation, public use, and enjoyment of the natural and cultural resources of the Hudson River Valley region. (6) Establishment of the Thomas Cole National Historic Site will provide opportunities for the illustration and interpretation of cultural themes of the heritage of the United States and unique opportunities for education, public use, and enjoyment. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret the home and studio of Thomas Cole for the benefit, inspiration, and education of the people of the United States; (2) to help maintain the integrity of the setting in the Hudson River Valley region that inspired artistic expression; (3) to coordinate the interpretive, preservation, and recreational efforts of Federal, State, and other entities in the Hudson Valley region in order to enhance opportunities for education, public use, and enjoyment; and (4) to broaden understanding of the Hudson River Valley region and its role in American history and culture. SEC. 4. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC SITE. (a) Establishment.--There is established, as an affiliated area of the National Park System, the Thomas Cole National Historic Site in the State of New York. (b) Description.--The historic site shall consist of the home and studio of Thomas Cole, comprising approximately 3.4 acres, located at 218 Spring Street, in the village of Catskill, New York, as generally depicted on the boundary map numbered TCH/80002, and dated March 1992. SEC. 5. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC SITE BY GREENE COUNTY HISTORICAL SOCIETY. The Greene County Historical Society of Greene County, New York, shall continue to own, manage, and operate the historic site. SEC. 6. ADMINISTRATION OF HISTORIC SITE. (a) Applicability of National Park System Laws.--The historic site shall be administered by the Society in a manner consistent with this Act and all laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly known as the National Park Service Organic Act), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as the Historic Sites, Buildings, and Antiquities Act). (b) Cooperative Agreements.-- (1) Assistance to society.--The Secretary may enter into cooperative agreements with the Society to preserve the Thomas Cole House and other structures in the historic site and to assist with education programs and research and interpretation of the Thomas Cole House and associated landscapes. (2) Other assistance.--To further the purposes of this Act, the Secretary may enter into cooperative agreements with the State of New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through the provision of assistance to develop, present, and fund art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the historic site. (c) Artifacts and Property.-- (1) Personal property generally.--The Secretary may acquire personal property associated with, and appropriate for, the interpretation of the historic site. (2) Works of art.--The Secretary may acquire works of art associated with Thomas Cole and other Hudson River artists for the purpose of display at the historic site. (d) General Management Plan.--Within two complete fiscal years after the date of the enactment of this Act, the Secretary shall develop a general management plan for the historic site with the cooperation of the Society. Upon the completion of the plan, the Secretary shall provide 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. The plan shall include recommendations for regional wayside exhibits, to be carried out through cooperative agreements with the State of New York and other public and private entitles. The plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-1 et seq.; commonly known as the National Park System General Authorities Act). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. Passed the House of Representatives September 9, 1998. Attest: Clerk. | Thomas Cole National Historic Site Act - Establishes the Thomas Cole National Historic Site in New York State as an affiliated area of the National Park System. Provides that the Greene County Historical Society, Greene County, New York, shall continue to own, manage, and operate the Site. Directs the Society to administer the Site in accordance with this Act and all laws generally applicable to units of the National Park System. Authorizes the Secretary of the Interior to enter into cooperative agreements with: (1) the Society to preserve the House and other structures at the Site and to assist with education programs and research and interpretation of the House and associated landscapes; and (2) New York, the Society, the Thomas Cole Foundation, and other public and private entities to facilitate public understanding and enjoyment of the lives and works of the Hudson River artists through assistance to develop, present, and fund art exhibits, resident artist programs, and other appropriate activities related to the preservation, interpretation, and use of the Site. Authorizes the Secretary to acquire: (1) personal property associated with, and appropriate for, the interpretation of the Site; and (2) works of art associated with Thomas Cole and other Hudson River artists for the purpose of display at the Site. Directs the Secretary to develop and submit to specified congressional committees a general management plan for the Site, including recommendations for regional wayside exhibits. Authorizes appropriations. |
SECTION 1. INCREASE IN TAX ON AMMUNITION. (a) General Rule.--Section 4181 of the Internal Revenue Code of 1986 (relating to imposition of tax) is amended by striking all that follows ``so sold:'' and inserting the following: ``Articles taxable at 35 percent-- Pistols, revolvers, and other firearms. ``Articles taxable at 11 percent-- Shells, and cartridges.'' (b) Effective Date.--The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar month beginning more than 30 days after the date of the enactment of this Act. (c) Floor Stocks Tax.-- (1) Imposition of tax.--In the case of any firearm on which tax was imposed under section 4181 of the Internal Revenue Code of 1986 before the tax-increase date and which is held on such date for sale by any dealer, there is hereby imposed a floor stocks tax on such firearm. (2) Amount of tax.--The amount of tax imposed by paragraph (1) with respect to any firearm shall be equal to the excess of-- (A) the amount of the tax which would have been imposed under section 4181 of such Code on the sale by the manufacturer, producer, or importer of such firearm if the amendment made by subsection (a) had been applicable in determining the amount of such tax, over (B) the amount of tax actually under section 4181 of such Code with respect to such firearm before the tax-increase date. (3) Liability for tax and method of payment.-- (A) Liability for tax.--Any dealer holding any firearm on the tax-increase date to which any tax imposed by paragraph (1) applies shall be liable for such tax. (B) Method of payment.--The tax imposed by paragraph (1) shall be paid in such manner as the Secretary of the Treasury or his delegate shall prescribe by regulations. (C) Time for payment.--The tax imposed by paragraph (1) shall be paid before the close of the 6-month period beginning on the tax-increase date. (4) Definitions.--For purposes of this subsection-- (A) Tax-increase date.--The term ``tax-increase date'' means the 1st day of the 1st calendar month beginning more than 30 days after the date of the enactment of this Act. (B) Firearm.--The term `firearm'' means any pistol, revolver, or other firearm. (5) Other laws applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4181 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply to the floor stocks taxes imposed by paragraph (1), to the same extent as if such taxes were imposed by such section 4181. SEC. 2. HOSPITAL GUNSHOT COST RELIEF TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9512. HOSPITAL GUNSHOT COST RELIEF 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 `Hospital Gunshot Cost Relief 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) Transfers to Trust Fund.-- ``(1) In general.--There are hereby appropriated to the Hospital Gunshot Cost Relief Trust Fund amounts equivalent to the net revenues received in the Treasury from the additional firearms taxes. ``(2) Net revenues.--For purposes of paragraph (1), the term `net revenues' means the amount established by the Secretary based on the excess of-- ``(A) the additional firearms taxes received in the Treasury, over ``(B) the decrease in the tax imposed by chapter 1 resulting from the additional firearms taxes. ``(3) Additional firearms taxes.--For purposes of this section, the term `additional firearms taxes' means the taxes imposed by section 4181 with respect to pistols, revolvers, and other firearms to the extent such taxes are imposed at a rate in excess of 10 percent (11 percent in the case of firearms other than pistols and revolvers). ``(c) Expenditures From Trust Fund.--Amounts in the Hospital Gunshot Cost Relief Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to assist hospitals located in urban areas in defraying the costs incurred in providing medical care to gunshot victims who are not covered under any health plan.'' (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9512. Hospital Gunshot Cost Relief Trust Fund.'' | Amends the Internal Revenue Code to increase the excise tax on pistols, revolvers, and other firearms. Establishes the Hospital Gunshot Cost Relief Trust Fund to assist urban hospitals in defraying costs incurred in providing medical care to gunshot victims who are not covered under any health plan. Transfers the net revenues from the excise tax to such Fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Emergency Supplemental Appropriations Act, 2001''. TITLE I--SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide supplemental appropriations for fiscal year 2001: CHAPTER 1 DEPARTMENT OF DEFENSE--MILITARY MILITARY PERSONNEL Military Personnel, Army For an additional amount for ``Military Personnel, Army'', $227,400,000, of which $2,100,000 shall be available only for supplemental subsistence allowances under section 402a of title 37, United States Code (as added by section 604 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106-398). Military Personnel, Navy For an additional amount for ``Military Personnel, Navy'', $159,100,000, of which $1,100,000 shall be available only for supplemental subsistence allowances under section 402a of title 37, United States Code (as added by section 604 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106-398). Military Personnel, Marine Corps For an additional amount for ``Military Personnel, Marine Corps'', $90,100,000, of which $300,000 shall be available only for supplemental subsistence allowances under section 402a of title 37, United States Code (as added by section 604 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106-398). Military Personnel, Air Force For an additional amount for ``Military Personnel, Air Force'', $356,600,000, of which $500,000 shall be available only for supplemental subsistence allowances under section 402a of title 37, United States Code (as added by section 604 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, as enacted into law by Public Law 106-398). Reserve Personnel, Army For an additional amount for ``Reserve Personnel, Army'', $119,600,000. Reserve Personnel, Marine Corps For an additional amount for ``Reserve Personnel, Marine Corps'', $600,000. National Guard Personnel, Army For an additional amount for ``National Guard Personnel, Army'', $58,000,000. OPERATION AND MAINTENANCE Operation and Maintenance, Army For an additional amount for ``Operation and Maintenance, Army'', $1,276,900,000. Operation and Maintenance, Navy For an additional amount for ``Operation and Maintenance, Navy'', $1,531,000,000. Operation and Maintenance, Marine Corps For an additional amount for ``Operation and Maintenance, Marine Corps'', $437,000,000. Operation and Maintenance, Air Force For an additional amount for ``Operation and Maintenance, Air Force'', $728,400,000. Operation and Maintenance, Army Reserve For an additional amount for ``Operation and Maintenance, Army Reserve'', $99,100,000. Operation and Maintenance, Marine Corps Reserve For an additional amount for ``Operation and Maintenance, Marine Corps Reserve'', $22,300,000. Operation and Maintenance, Army National Guard For an additional amount for ``Operation and Maintenance, Army National Guard'', $187,000,000. PROCUREMENT Procurement of Ammunition, Army For an additional amount for ``Procurement of Ammunition, Army'', $28,200,000. Shipbuilding and Conversion, Navy For an additional amount for ``Shipbuilding and Conversion, Navy'', $97,000,000. Procurement, Marine Corps For an additional amount for ``Procurement, Marine Corps'', $46,800,000. Aircraft Procurement, Air Force For an additional amount for ``Aircraft Procurement, Air Force'', $98,400,000. OTHER DEPARTMENT OF DEFENSE PROGRAMS Defense Health Program For an additional amount for ``Defense Health Program'' for Operation and Maintenance, $1,000,000,000. CHAPTER 2 DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION Family Housing, Army For an additional amount for ``Family Housing, Army'' for Operation and Maintenance, $101,300,000. Family Housing, Navy and Marine Corps For an additional amount for ``Family Housing, Navy and Marine Corps'' for Operation and Maintenance, $8,900,000. CHAPTER 3 DEPARTMENT OF TRANSPORTATION COAST GUARD Operating Expenses For an additional amount for ``Operating Expenses'', $100,000,000; of which $36,000,000 shall be available for pay and allowances; $32,000,000 shall be available for operational fuel and unit level operational readiness; $27,000,000 shall be available for aviation and vessel spare parts; and $5,000,000 shall be available for costs related to the delivery of health care to Coast Guard personnel, retirees, and their dependents. TITLE II--GENERAL PROVISIONS SEC. 201. EMERGENCY DESIGNATION. Each amount appropriated in this Act-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985; and (2) shall be available only to the extent that the President transmits to the Congress an official budget request that includes designation of the entire amount of the request as an emergency requirement pursuant to such section. | Defense Emergency Supplemental Appropriations Act, 2001 - Makes emergency supplemental appropriations for the Department of Defense for FY 2001 for: (1) active and reserve military personnel; (2) operation and maintenance; (3) procurement; (4) shipbuilding and conversion; (5) the Defense Health Program; and (6) military family housing.Makes emergency supplemental appropriations for the Department of Transportation for operating expenses of the Coast Guard.Designates each amount appropriated as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Credit Card Application Act of 1997''. SEC. 2. FAIRNESS IN CREDIT AND CHARGE CARD APPLICATIONS. (a) In General.--Section 127(c)(1) of the Truth in Lending Act (15 U.S.C. 1637(c)(1)) is amended by adding at the end the following new subparagraphs: ``(C) Election of minimum amount of credit limit.-- If a credit card account established pursuant to an application or solicitation to which subparagraph (A) applies would be subject to a maximum dollar amount limitation on the amount of the credit which is authorized to be extended with respect to such account (hereafter in this subparagraph referred to as the `credit limit'), the following provisions shall apply: ``(i) The application or solicitation shall disclose to the consumer that-- ``(I) a credit limit will or may be applicable with respect to such account; and ``(II) the consumer has the right to state the lowest amount of the credit limit which such consumer is willing to accept if the credit card account is established. ``(ii) A completed application or solicitation submitted by a consumer may not be processed by a credit card issuer unless the application or solicitation contains-- ``(I) an explicit statement by the consumer, in the format prescribed by the Board pursuant to section 122(c)(3), of the lowest amount of any credit limit that the consumer is willing to accept; or ``(II) an explicit positive statement by the consumer that the consumer has no preference with regard to the amount of a credit limit. ``(iii) If a credit card issuer is unwilling to open a credit card account with a credit limit equal to or greater than an amount indicated by the consumer as the lowest amount the consumer is willing to accept, the credit card issuer may not issue a credit card on the basis of such application or solicitation. ``(D) Different type, designation, or brand of credit card.--If an application or solicitation to which subparagraph (A) applies may result in the issuance of a different type, designation, or brand of credit card to a consumer than the type, designation, or brand of credit card to which such application or solicitation relates, the following provisions shall apply: ``(i) The application or solicitation shall disclose to the consumer that-- ``(I) the submission of the application or solicitation may result in the issuance of a different type, designation, or brand of credit card to the consumer than the type, designation, or brand of credit card to which such application or solicitation relates; and ``(II) the consumer has the right to state whether or not the consumer is willing to accept such other credit card. ``(ii) The application or solicitation shall contain (for each type, designation, or brand of credit card which could be issued on the basis of the submission of such application or solicitation) all the information and disclosures which would be required under this subsection and subsection (e) (in the format required under section 122(c)) if the application or disclosure relates to such other type, designation, or brand of credit card. ``(iii) A completed application or solicitation submitted by a consumer may not be processed by a credit card issuer unless the application or solicitation contains an explicit statement by the consumer, in the format prescribed by the Board pursuant to section 122(c)(3), that the consumer is or is not willing to accept a different type, designation, or brand of credit card than the type, designation, or brand of credit card to which such application or solicitation relates. ``(iv) If a credit card issuer is unwilling to issue a credit card of the type, designation, or brand of credit card to which an application or solicitation relates and the consumer has indicated that the consumer is not willing to accept a different type, designation, or brand of credit card, then the credit card issuer may not issue a credit card on the basis of such application or solicitation.''. (b) Disclosures in Telephone Solicitations.--Section 127(c)(2) of the Truth in Lending Act (15 U.S.C. 1637(c)(2)) is amended by adding at the end the following new subparagraph: ``(C) Additional disclosures and consumer responses.-- ``(i) In general.--In the case of a telephone solicitation to open a credit card account for any person under an open end consumer credit plan, the person making the solicitation shall orally disclose, to the extent applicable, the information described in paragraph (1)(C)(i) and clauses (i) and (ii) of paragraph (1)(D) with regard to such solicitation. ``(ii) Consumer responses.--If a person making a telephone solicitation described in clause (i) is required to orally disclose information pursuant to such clause, clauses (ii) and (iii) of paragraph (1)(C) and clauses (iii) and (iv) of paragraph (1)(D), as the case may be, shall apply with regard to such solicitation.''. (c) Disclosures in Applications and Solicitations by Other Means.-- Section 127(c)(3) of the Truth in Lending Act (15 U.S.C. 1637(c)(3)) is amended-- (1) in subparagraph (A)-- (A) by inserting ``, including publications or websites on the worldwide web or other distribution networks,'' after ``publications''; and (B) by inserting ``and the requirements of subparagraph (F)'' before the period at the end; and (2) by adding at the end the following new subparagraph: ``(F) Additional disclosures and consumer responses.-- ``(i) In general.--An application or solicitation described in subparagraph (A) meets the requirements of this subparagraph if the application or solicitation contains, to the extent applicable, the information described in paragraph (1)(C)(i) and clauses (i) and (ii) of paragraph (1)(D) with regard to such application or solicitation. ``(ii) Consumer responses.--If an application or solicitation described in subparagraph (A) is required to contain information pursuant to clause (i) of this subparagraph, clauses (ii) and (iii) of paragraph (1)(C) and clauses (iii) and (iv) of paragraph (1)(D), as the case may be, shall apply with regard to such application or solicitation.''. (d) Disclosures in Applications and Solicitations for Charge Cards.--Section 127(c)(4) of the Truth in Lending Act (15 U.S.C. 1637(c)(4)) is amended by adding at the end the following new subparagraph: ``(F) Full disclosure requirements.--In the case of any application or solicitation for a charge card to which subparagraph (A), (C), or (D) applies, the requirements of paragraph (1)(D) shall apply to such application or solicitation in the same manner and to the same extent that such subparagraphs of paragraph (1) apply to credit card applications and solicitations.''. (e) Format of Disclosures.-- (1) In general.--Section 122(c)(1) of the Truth in Lending Act (15 U.S.C. 1632(c)) is amended in the matter preceding subparagraph (A)-- (A) by inserting ``(1)(C)(i), (1)(D)(i), (3)(F),'' after ``(1)(A),''; (B) by striking ``and'' after ``(4)(A),''; and (C) by inserting ``, and (4)(F)'' after ``(4)(C)(i)(I)''. (2) Requirements relating to format for disclosures of consumer options and consumer responses.--Section 122(c) of the Truth in Lending Act (15 U.S.C. 1632(c)) is amended by adding at the end the following new paragraph: ``(3) Format for disclosure of consumer options and consumer responses.--In the regulations prescribed under paragraph (1), the Board shall prescribe the format for any consumer response pursuant to-- ``(A) subparagraph (C)(ii) or (D)(iii) of paragraph (1) of section 127(c), in connection with any application or solicitation to which paragraph (1), (2), or (3) of such section applies; or ``(B) subparagraph (F) of section 127(c)(4), in connection with any application or solicitation to which subparagraph (A), (C), or (D) of such section applies.''. | Fair Credit Card Application Act of 1997 - Amends the Truth in Lending Act to require that certain credit card and charge card applications (including telephone solicitations) disclose to the consumer the maximum authorized credit limit, and the consumer's right to state in the application the lowest credit limit acceptable to the consumer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Entrepreneurship and Self-Employment Training Act of 1993''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the growth of small business is crucial to economic growth; (2) many people residing in economically distressed central cities lack the opportunity to develop the skills necessary to become entrepreneurs and small business owners; (3) community colleges and community development corporations are uniquely positioned to provide entrepreneurship and self-employment training; (4) community development corporations, community development loan funds, community development credit unions, and community development banks are uniquely positioned to provide credit to individuals interested in starting small businesses in economically distressed central cities; and (5) the Federal Government can promote the delivery of credit to potential entrepreneurs in economically distressed central cities by providing guarantees for small business development loans made by community development corporations, community development loan funds, community development credit unions, and community development banks. (b) Purpose.--The purpose of this Act is to promote the development of small business in economically distressed central cities by providing for the development of entrepreneurship training courses and Federal guarantees of loans to potential entrepreneurs. SEC. 3. SPECIALIZED TRAINING CURRICULUM GRANTS. (a) In General.--The Secretary of Labor (hereafter referred to in this section as the ``Secretary'') shall award competitive grants to community colleges or Historically Black Colleges and Universities that serve Economically Distressed Central Cities to enable such colleges to develop specialized training curricula for entrepreneurship and self- employment for disadvantaged, inner-city individuals. (b) Application.--To be eligible to receive a grant under this section a community college or Historically Black College or University shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including assurances that the applicant serves an Economically Distressed Central City. (c) Curriculum.--In developing a curriculum with amounts received under a grant awarded under subsection (a), a community college or Historically Black College or University shall ensure that the curriculum includes training components with respect to business plan development, cash accounting, credit, business communications, inventory management, and other basic business skills determined appropriate by the Secretary. (d) Term of Grants.--A grant awarded under this section shall be for a term of 1 year. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $5,000,000 for fiscal year 1994. SEC. 4. TRAINING GRANTS. (a) In General.--The Secretary of Labor (hereafter referred to in this section as the ``Secretary'') shall award competitive grants to community colleges or Historically Black Colleges and Universities, micro-enterprise programs and community development corporations to enable such colleges, programs and corporations to provide training under the curricula developed under section 3. (b) Application.--To be eligible to receive a grant under this section an entity of the type described in subsection (a) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Training.--Amounts provided under a grant awarded under this section shall be used to enable the grantee to provide training, through 6 to 12 week training programs that resemble or are based on the curricula developed under section 3, to residents of Economically Distressed Central Cities that-- (1) have been unemployed in excess of 20 consecutive weeks; (2) have recently been discharged from the armed forces; (3) receive assistance under title IV of the Social Security Act; or (4) are otherwise determined appropriate by the Secretary. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $75,000,000 for fiscal years 1995 through 1998. SEC. 5. LOAN GUARANTEE PROGRAM. (a) In General.--The Administrator of the Small Business Administration (hereafter referred to in this section as the ``Administrator'') shall establish a loan guarantee program under which the Administrator shall guarantee loans, not to exceed $25,000, made to eligible individuals by community development corporations, community development loan funds, community development credit unions, micro- enterprise programs and community development banks (b) Eligibility for Guarantees.--With respect to a loan made by a community development corporation, micro-enterprise program, community development loan fund, community development credit union, or community development bank, to be eligible to receive a loan guarantee covering such loan under the program established under subsection (a), the community development corporation, micro-enterprise program, community development loan fund, community development credit union, or community development bank shall-- (1) prepare and submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require; (2) certify in such application that such loan will be made to an eligible individual as described in subsection (c); (3) in the case of federally regulated depository institutions, clarify that such institutions are in compliance with the requirements of the appropriate Federal supervisory agencies; and (4) meet such other requirements as the Administrator may require. (c) Eligibility for Loans.--To be eligible to receive a loan for which a guarantee may be provided under subsection (a), an individual shall-- (1) prepare and submit to the appropriate community development corporation, micro-enterprise program, community development loan fund, community development credit union, or community development bank an application at such time, in such manner, and containing such information as the community development corporation, micro-enterprise program, community development loan fund, community development credit union, or community development bank may require; (2) have completed a training program of the type described in section 4; (3) ensure that amounts received under the loan will be used to start up a business that is located in an Economically Distressed Central City and provide a detailed description of the business that the individual intends to establish; and (4) meet such other requirements as the Administrator may require. (d) Process for Implementation of Program.--Not later than 90 days after the date of enactment of this Act, the Administrator shall develop and publish procedures under which the Administrator shall provide loan guarantees under the program established under subsection (a). Such procedures shall include-- (1) application procedures; (2) criteria which community development corporations, micro-enterprise programs, community development loan funds, community development credit unions, or community development banks should apply when considering applications for loans to which guarantees may be provided under this section; (3) criteria that the Administrator will utilize in considering applications submitted for guarantees under this section; (4) any other information determined appropriate by the Administrator. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $150,000,000 for fiscal years 1995 through 1998. SEC. 6. LIMITATION. To be eligible to receive a grant or participate in the loan guarantee program under this Act, a community development corporation, micro-enterprise programs, community development loan fund, community development credit union, community development bank, or community college or Historically Black College or University shall provide assurances in the application submitted by such community college or Historically Black College or University, community development corporation, micro-enterprise program, community development loan fund, community development credit union, or community development bank under this Act that the area served by such community college or Historically Black College or University, community development corporation, micro- enterprise program, community development loan fund, community development credit union, or community development bank has an unemployment rate, with respect to the 12-month period preceding the date on which the application is submitted, in excess of 9 percent. SEC. 7. MISCELLANEOUS PROVISIONS. (a) In General.--As used in this Act: (1) Community college.--The term ``community college'' has the same meaning given the term ``junior or community college'' in section 312(e) of the Higher Education Act of 1965. (2) Community development bank.--The term ``community development bank'' means an organization-- (A) that is affiliated with or has a subsidiary that is a federally insured depository institution (such as a savings bank, commercial bank, or credit union) which is regulated by a Federal financial supervisory agency; (B) that has at least one or more subsidiaries or affiliated organizations that supplement the depository institution's lending with technical assistance, direct community development activities, or higher risk financing; (C) whose primary or sole mission is to revitalize a targeted geographic area; (D) that maintains, through significant representation on its governing board and otherwise, accountability to community residents; and (E) that has principals active in the implementation of its programs who possess significant experience in lending and the development of affordable housing, small business development, or community revitalization. (3) Community development corporation.--The term ``community development corporation'' means a private, nonprofit corporation whose board of directors is comprised of business, civic and community leaders, and whose principal purpose includes the provision of low-income housing or community economic development projects that primarily benefit low-income individuals and communities. (4) Community development credit union.--The term ``community development credit union'' means a Federal or State chartered credit union as defined in section 101 of the Federal Credit Union Act that serves predominantly low-income members. (5) Community development loan fund.--The term ``community development loan fund'' means a private nonprofit organization which acts primarily as a financial intermediary that routinely takes in funds from many sources in the form of grants, deposits or loans, and routinely lends these funds out to support the development of low- and moderate-income housing and business development in economically depressed areas. (6) Historically Black Colleges and Universities.--The term ``Historically Black Colleges and Universities'' means part B institutions as such term is defined in section 322(2) of the Higher Education Act of 1965. (7) Micro-enterprise program.--The term ``micro-enterprise program'' means (A) a private, nonprofit entity; (B) a nonprofit community development corporation; (C) a consortium of private, nonprofit organizations; or (D) a quasi-governmental economic development entity (such as a planning and development district) other than a State, county, or municipal government or agency thereof; that provides business training and financial assistance (of not to exceed $15,000) to women, low-income, or minority entrepreneurs who wish to start-up or expand small business concerns. (b) Economically Distressed Central City.-- (1) In general.--The term ``economically distressed central city'' means a city that meets the requirements of this paragraph. (2) Requirements.--To be an Economically Distressed Central City under paragraph (1), a city shall-- (A) be a metropolitan city (as defined in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4))); (B) be eligible to receive an allocation of funds under section 106(a)(3) of the Housing and Community Development Act of 1974 for the most recent fiscal year ending prior to the date of enactment of this Act; (C) have a population of at least 30,000; and (D) have a need adjusted per capita income less than 1.25 (as determined under paragraph (3)) on the basis of the most recent data available. (3) Need adjusted per capita income.--The Secretary of Housing and Urban Development shall determine the Need Adjusted Per Capita Income for each city that meets the requirements of subparagraphs (A) and (B) of paragraph (2) under the following formula: (A) Determination of need index.-- (i) For purposes of this subsection, the term ``need index'' means the number equal to the quotient of-- (I) the term ``N'', as determined under clause (ii); divided by (II) the term ``P'', as determined under clause (iii). (ii) For purposes of clause (i)(I), the term `N' means the percentage constituted by the ratio of-- (I) the amount of funds allotted to the city in the fiscal year in which the calendar year begins under section 106(a)(3) of the Housing and Community Development Act of 1974; to (II) the sum of the amount of finds received by all eligible cities in such fiscal year under section 106(a)(3) of the Housing and Community Development Act of 1974. (iii) For purposes of clause (i)(II), the term ``P'' means the percentage constituted by the ratio of-- (I) the amount equal to the total population of the city, as determined by the Secretary using the most recent data that is available from the Secretary of Commerce pursuant to the decennial census and pursuant to reasonable estimates by such Secretary of changes occurring in the data in the ensuing period, to (II) the amount equal to the total population of all eligible cities in the current fiscal year. (iv) For purposes of this subparagraph, the term ``eligible cities'' means those cities which meet the requirements of subparagraphs (A) and (B) of paragraph (2). (B) Determination of need adjusted per capita income factor.-- (i) For purposes of this section (and subject to clause (iv)), the term ``need adjusted per capita income factor'' means the amount equal to the percentage determined for the city in accordance with the following formula: I 1-.15 <3-ln (> ------- <3-ln )> Q (ii) For purposes of clause (i), the term ``I'' means the per capita income of the city for the most recent year for which data is available, as determined by the Secretary of Commerce. (iii) For purposes of clause (i), the term ``Q'' means the product of-- (I) the need index of such city, as determined under subparagraph (A); and (II) the amount equal to the per capita income of the United States for the most recent year for which data is available, as determined by the Secretary of Commerce. (iv) In the case of a city for which the quotient of the term ``I'' (as determined under clause (ii)) divided by the term ``Q'' (as determined under clause (iii)) is less than 0.2, then such quotient shall be deemed to be equal to 0.2 for such city for purposes of the formula under clause (i). | Entrepreneurship and Self-Employment Training Act of 1993 - Directs the Secretary of Labor to award competitive grants to enable community colleges or historically black colleges and universities that serve economically distressed central cities to develop specialized training curricula for entrepreneurship and self-employment for disadvantaged, inner city individuals. Outlines application and curriculum requirements. Authorizes appropriations. Directs the Secretary to award competitive grants to enable such community colleges and historically black colleges and universities, micro-enterprise programs, and community development corporations to provide the training required for interested inner city individuals. Authorizes appropriations. Directs the Administrator of the Small Business Administration (SBA) to establish a loan guarantee program under which the Administrator shall guarantee loans of up to $25,000 to eligible individuals by community development corporations, community development loan funds and credit unions, micro-enterprise programs, and community development banks for the purposes stated in this Act. Outlines requirements concerning loan eligibility and the implementation of the loan guarantee program. Authorizes appropriations. Requires assurances that the area served by such loans or grants have an unemployment rate in excess of nine percent. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iraqi Women and Children's Liberation Act of 2004''. SEC. 2. FINDINGS. Congress makes the following findings: (1) For more than 600 years under the Ottoman Empire, women in Iraq were kept inside their homes, repressed, and forbidden to be seen in public without a related male escort. (2) The Sevres Treaty of 1919, following World War I, installed a new monarchy in Iraq under which education for boys and girls flourished. (3) Within a span of 20 years, 6 centuries of repression of women in Iraq was reversed. Thousands of women in Iraq became lawyers, physicians, educators, teachers, professors, engineers, prominent writers, artists, and poets, demonstrating the impact of progressive policies on the ability of women in Iraq to achieve. (4) In 1941, women in Iraq earned equal wages for equal jobs, an achievement still not duplicated in most parts of the world. (5) On July 14, 1958, the monarchy in Iraq was overthrown by General Abdul-Karim Kasim, who enfranchised women in Iraq with political rights. (6) In 1959, Iraq became the first country in the Middle East to have a female minister, four female judges, prominent scientists, politicians, and freedom fighters. (7) The 1959 Code of Personal Status secularized the multi- ethnic state of Iraq. Women enjoyed political and economic rights, successfully participating in the workforce as well as advancing in the political sphere. Women had the right to receive an education and work outside the home. Women were career military officers, oil-project designers, and construction supervisors, and had government jobs in education, medicine, accounting, and general administration. (8) The Code of Personal Status also granted women extensive legal protections. It gave women the right to vote and granted equal status to men and women under the law. It prohibited marriage by persons under the age of 18 years, arbitrary divorce, and male favoritism in child custody and property inheritance disputes. (9) The regime of Saddam Hussein regularly used rape and sexual violation of women to control information and suppress opposition in Iraq and tortured and killed female dissidents and female relatives of male dissidents. (10) The Department of State has reported that more than 200 women in Iraq were beheaded by units of ``Fedayeen Saddaam'', a paramilitary organization headed by Uday Hussein. (11) After the 1990 invasion of Kuwait, the regime of Saddam Hussein imposed policies that resulted in severe economic hardship, discrimination, impoverishment, and oppression of women in Iraq. Many women were prevented from working. Presently, women comprise as much as 65 percent of the population of Iraq, but only 19 percent of the workforce. (12) Men who killed female relatives in ``honor killings'' were protected from prosecution for murder under Article 111 of the Iraqi Penal Code enacted in 1990. The United Nations Special Rapporteur on Violence Against Women has reported that since the enactment of that article, more than 4,000 women were killed for tarnishing the honor of their families, with the killings occurring by a range of methods that included stoning. (13) Maternal mortality is the leading cause of death among women of reproductive age in Iraq, and it continues to rise due to lack of basic health care. The maternal mortality rate in Iraq of 292 deaths per 100,000 live births compared with a maternal mortality rate in the United States of 8 deaths per 100,000 live births. 90 percent of the maternal deaths in Iraq are identified as preventable. (14) More than 48 percent of the population of Iraq is under the age of 18 years. One in four children of the age of 5 years or younger is chronically malnourished. One in eight children dies before the age of 5 years, the highest rate of mortality among children under that age in the region. Some estimate the total rate of child mortality in Iraq to be as high as 13 percent. (15) Girls and women in Iraq have meager educational opportunities relative to the opportunities available to men and boys in Iraq, and twice as many boys as girls in Iraq attend school. 29 percent of females attend secondary school as compared with 47 percent of males. The illiteracy rate in Iraq is the highest in the Arab world at 61 percent for the general population, 77 percent for women, and 45 percent for men. (16) Press accounts indicate that many women in Iraq are being pressured to adhere to strict Islamic codes that restrict their mobility and impinge on their human rights. (17) Security for women in Iraq is an issue of grave concern. Women are afraid to leave their homes or to send their daughters to school. (18) Women in leadership positions in Iraq are vulnerable to attack. One of the three women on the Iraqi Governing Council was assassinated, and another has a $2,000,000 bounty on her head. (19) Women from the autonomous Kurdish region travel freely, hold important jobs and political positions, and perform a key role in the revival of the areas of Iraq that have been under Kurdish control. The integration of women in the economic and political spheres of the region provides a contrast to the rest of Iraq and serves as an example of what is possible in Iraq. (20) According to the 2003 Arab Human Development Report of the United Nations, pervasive exclusion of women from the political, economic, and social spheres hampers development and growth in Arab countries. (21) Ambassador L. Paul Bremer, the Presidential Envoy to Iraq, has voiced his support of women in Iraq in stating that ``[w]e in the coalition are committed to continuing to promote women's rights in Iraq.'' (22) Women have participated in planning for Iraq's political future in the following way: (A) 3 out of 25 people on the Iraqi Governing Council are women. (B) One of the government ministries is led by a woman. 16 of the 25 deputy minister positions are held by women. (C) 15 of the 1,000 nationally-appointed judges are women. (23) Resolution 137 was adopted in a closed session (sponsored by conservative Shiite members) on December 29, 2003, with the intent of reversing family law. The adoption of that resolution threatened negative impacts on the rights of women to education, employment, mobility, property inheritance, divorce, and child custody. (24) Ambassador Bremer, who has veto power, stated that he would not sign Resolution 137 into law. (25) The Iraqi Governing Council revoked Resolution 137 on February 27, 2004, in part due to pressure from women's groups. However some members of the Governing Council walked out to protest this action. (26) The Transitional Administrative Law (TAL) that establishes the framework for the interim government of Iraq was officially signed on March 8, 2004. It aims to achieve a goal of having women constitute not less than 25 percent of the members of Iraq's interim legislature. It does not express a goal for a representation rate for women in the executive or judicial branch of the interim government. It also provides that Sharia, the Islamic law, can be a source, but not the only source, of Iraqi law. (27) United States officials propose to turn over political power to Iraqis on June 30, 2004. Some factions have already voiced strong objection to the TAL and could press ahead with their goal of making Sharia the supreme law of Iraq. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the United States should ensure that women and children in Iraq benefit from the liberation of Iraq from the regime of Saddam Hussein; (2) women of all ethnic groups in Iraq should be included in the economic and political reconstruction of Iraq; (3) women should be involved in the drafting and review of the key legal instruments, especially the constitution, of the emerging nation in Iraq in order to ensure that the transition to that nation does not involve or facilitate the erosion of the rights of women in Iraq; (4) women should have membership in any legislature or other committee, body, or structure convened to advance the reconstruction of Iraq that builds on the goal provided for in the Transitional Administrative Law; (5) women should have a similar level of representation in leadership posts in all levels of government in Iraq, including ministers and judges, whether local or national, and women should be integrated in all levels of political process in Iraq, especially the building of political parties; (6) the presence of women on the Iraqi Governing Council should better represent the percentage of women in the general population of Iraq; (7) the participation and contribution of women to the economy of Iraq should be fostered by awarding contracts and sub-contracts to women and women-led businesses and by ensuring the availability of credit for women; (8) continued emphasis and support should be granted to grass-roots organization and civil society building in Iraq, with special emphasis on organizing, mobilizing, educating, training, and building the capacities of women and ensuring the incorporation of their voices in decision-making in Iraq; (9) the security needs of women in Iraq should be addressed and special emphasis placed on recruiting and training women for the police force in Iraq; and (10) the Government of Iraq should adhere to internationally accepted standards on human rights and rights of women and children. SEC. 4. AUTHORIZATION OF ASSISTANCE. (a) Education and Health Care Assistance for Women and Children.-- The President is authorized to provide education and health care assistance for the women and children living in Iraq and to women and children of Iraq who are refugees in other countries. (b) Enhancement of Political Participation, Economic Empowerment, Civil Society, and Personal Security of Women.--The President is authorized to provide assistance for the enhancement of political participation, economic empowerment, civil society, and personal security of women in Iraq. (c) Sense of Congress on Provision of Authorized Assistance.--It is the sense of Congress that the President should ensure that assistance is provided under subsections (a) and (b) in a manner that protects and promotes the human rights of all people in Iraq, utilizing indigenous institutions and nongovernmental organizations, especially women's organizations, to the extent possible. (d) Sense of Congress on Promotion of Human Rights in Provision of Assistance to Government of Iraq.--In providing assistance to the government of Iraq, the President should ensure that such assistance is conditioned on the government of Iraq making continued progress toward internationally accepted standards of human rights and the rights of women. (e) Reports.--Not later than six months after the date of the enactment of this Act, and every six months thereafter during the three-year period beginning on such date, the Secretary of State shall submit to the appropriate congressional committees a report that sets forth the following: (1) A comprehensive description and assessment of the conditions and status of women and children in Iraq as of the date of the report, including a description of any changes in such conditions and status during the six-month period ending on such date. (2) A statement of the number of women and children of Iraq who are in refugee camps throughout the Middle East as of the date of such report, a description of their conditions as of such date, and a description of any changes in such conditions during the six-month period ending on such date. (3) A statement of the expenditures of the United States Government during the six-month period ending on the date of such report to promote the education, health, security, human rights, opportunities for employment, judicial and civil society involvement and political participation of women in Iraq. (f) Appropriate Congressional Committees Defined.--In this section, the term ``appropriate congressional committees'' means-- (1) the Committees on Appropriations and Foreign Relations of the Senate; and (2) the Committees Appropriations and International Relations of the House of Representatives. | Iraqi Women and Children's Liberation Act of 2004 - Expresses the sense of Congress that: (1) the United States should ensure that women and children in Iraq benefit from the liberation of Iraq; (2) women of all ethnic groups in Iraq should be included in the economic and political reconstruction of Iraq; and (3) the Government of Iraq should adhere to internationally accepted standards on human rights and rights of women and children. Authorizes the President to provide assistance for: (1) education and health care for Iraqi women and children living in Iraq or living as refugees in other countries; and (2) enhancement of political participation, economic empowerment, civil society, and personal security of women in Iraq. Expresses the sense of Congress that the President should ensure that such assistance is: (1) provided in a manner that protects and promotes the human rights of all people in Iraq, utilizing indigenous institutions and nongovernmental organizations, especially women's organizations; and (2) conditioned on the government of Iraq making continued progress toward internationally accepted standards of human rights and the rights of women. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect United States Security in the Arctic Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) The United States has important economic, security, and national defense interests in the Arctic region. (2) The United States Government has issued several key reports and strategies on the Arctic region over the last four years, including-- (A) the Department of Defense Report to Congress on Strategy to Protect United States National Security Interests in the Arctic Region (December 2016); (B) the 2015 Year In Review: Progress Report on the Implementation of the National Strategy for the Arctic Region (March 2016); (C) the Implementation Plan for the National Strategy for the Arctic Region (January 30, 2014); and (D) the National Strategy for the Arctic Region (May 2013), which set forth the United States Government's strategic priorities for the Arctic region. (3) According to the Council on Foreign Relations, the Arctic region is warming at double the rate of the rest of the world, opening new routes for ships and development of natural resources throughout the Arctic region. (4) The rapidly warming Arctic region threatens fisheries and wildlife habitat, existing infrastructure and communities throughout Alaska, including increased vulnerability to coastal erosion. Alaska native communities are particularly vulnerable to the changing climate. (5) Given these developments, the United States needs to bolster its infrastructure and assets in the Arctic region to safeguard its strategic interests, defend its national borders, protect the environment, and maintain its scientific and technological leadership. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the President should continue to convene the Arctic Executive Steering Committee established on January 21, 2015, pursuant to Executive Order 13689 (80 Fed. Reg. 6425; relating to enhancing coordination of national efforts in the Arctic); and (2) the United States should ratify the United Nations Convention on the Law of the Sea in order to allow the United States to secure its claim to offshore resources present along the Arctic's extended continental shelf. SEC. 4. STRATEGY TO PROTECT UNITED STATES INTERESTS IN THE ARCTIC REGION. (a) In General.--Not later than 180 days after the date of the enactment of this Act, the President shall develop and submit to Congress a strategy to protect United States interests in the Arctic region. (b) Goals.--The strategy required under subsection (a) shall include the following goals: (1) Improve telecommunications, navigation, ocean and coastal mapping, and Coast Guard and other infrastructure to support a sustained security and emergency response presence for the State of Alaska. (2) Direct the United States representative to the Arctic Council to use the voice and vote of the United States to conduct increased confidence-building and cooperative security measures with the other member countries of the Arctic Council. (3) Support climate resilience efforts across the Arctic region. (4) Sustain robust research funding to understand the ongoing climate changes in the Arctic region and the global impact of such changes. (c) Use of Prior Reports and Strategies.--The strategy required under subsection (a) shall be informed by the reports and strategies described in section 2(2) and other relevant United States Government reports and strategies regarding the Arctic region. (d) Comptroller General of the United States Report.-- (1) In general.--Not later than 45 days after the date of the enactment of the this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report assessing the cost and procurement schedule for new United States icebreakers. (2) Elements.--The report required in paragraph (1) shall include an analysis of the following: (A) The current status of the efforts of the Coast Guard to acquire new icebreaking capability, including coordination through the Integrated Program Office. (B) Actions being taken by the Coast Guard to incorporate key practices from other nations that procure icebreakers to increase knowledge and reduce costs and risks. (C) The extent by which the cost and schedule for building Coast Guard icebreakers differs from those in other countries, if known. (D) The extent that innovative acquisition practices (such as multiyear funding and block buys) may be applied to icebreaker acquisition to reduce the cost and accelerate the schedule. (E) A capacity replacement plan to mitigate a potential icebreaker capability gap if the Polar Star cannot remain in service. (F) Any other matters the Comptroller General considers appropriate. SEC. 5. AUTHORIZATION TO PROCURE COAST GUARD ICEBREAKERS. (a) Authorization.--Consistent with the plan required by section 3523 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328), the Secretary of the department in which the Coast Guard is operating may enter into a contract to procure up to three Coast Guard heavy icebreakers to defend United States interests in the Arctic Region, beginning in fiscal year 2018. (b) Liability Subject to Appropriations.--Any contract entered into under subsection (a) shall provide that-- (1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (2) the total liability to the Government for termination of such contract shall be limited to the total amount of funding obligated under such contract at the time of termination. (c) Report.--Consistent with such section, the Secretary shall report to the relevant congressional committees on plans of such department to-- (1) procure and sustain icebreakers in addition to the vessels authorized by subsection (a); and (2) ensure that at least three Coast Guard icebreakers are operational at all times. | Protect United States Security in the Arctic Act of 2017 This bill instructs the President to submit to Congress a strategy to protect U.S. interests in the Arctic region. Such strategy shall include goals to: improve telecommunications, navigation, ocean and coastal mapping, and Coast Guard and other infrastructure to support a sustained security and emergency response presence for Alaska; direct the U.S. representative to the Arctic Council to use the voice and vote of the United States to conduct increased confidence-building and cooperative security measures with other member countries; support climate resilience efforts across the Arctic region; and sustain robust research funding to understand the ongoing climate changes in the Arctic region and their global impact. The Government Accountability Office (GAO) shall submit a report that assesses the cost and procurement schedule for new U.S. icebreakers. Consistent with the recapitalization plan for the acquisition of heavy and medium icebreakers to meet Coast Guard statutory missions in the polar regions, the department in which the Coast Guard is operating: (1) may enter into a contract to procure up to three Coast Guard heavy icebreakers for the defense of U.S. interests in the Arctic region, beginning In FY2018; and (2) shall report on its plans to procure and sustain icebreakers in addition to the vessels authorized to be procured under such contract and to ensure that at least three Coast Guard icebreakers are ready for operations at all times. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Sex Offender Registry Act of 2004''. SEC. 2. DEFINITIONS. In this Act: (1) Criminal offense against a victim who is a minor.--The term ``criminal offense against a victim who is a minor'' has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14071(a)(3)). (2) Minimally sufficient sexual offender registration program.--The term ``minimally sufficient sexual offender registration program'' has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14072(a)). (3) Sexually violent offense.--The term ``sexually violent offense'' has the same meaning as in section 170101(a)(3) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14071(a)(3)). (4) Sexually violent predator.--The term ``sexually violent predator'' has the same meaning as in section 170102(a) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14072(a)). SEC. 3. ESTABLISHMENT OF DATABASE. (a) In General.--The Attorney General shall establish a National sex offender registry that-- (1) makes publicly available, via the Internet, all information required to be submitted by States to the Attorney General under subsection (b); and (2) allows for users of the registry to determine which registered sex offenders are currently residing within a radius, as specified by the user of the registry, of the location indicated by the user of the registry. (b) Information From States.-- (1) In general.--If any person convicted of a criminal offense against a victim who is a minor or a sexually violent offense, or any sexually violent predator, is required to register with a minimally sufficient sexual offender registration program within a State, including a program established under section 170101 of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14017(b)), that State shall submit to the Attorney General-- (A) the name and any known aliases of the person; (B) the date of birth of the person; (C) the current address of the person and any subsequent changes of that address; (D) a physical description and current photograph of the person; (E) the nature of and date of commission of the offense by the person; and (F) the date on which the person is released from prison, or placed on parole, supervised release, or probation. (2) States without registration program.--The Federal Bureau of Investigation shall collect from any person required to register under section 170102(c) of the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act (42 U.S.C. 14072(b)) the information required under paragraph (1), and submit that information to the Attorney General for inclusion in the National sex offender registry established under section 2. SEC. 4. RELEASE OF HIGH RISK INMATES. (a) Civil Commitment Proceedings.-- (1) In general.--Any State that provides for a civil commitment proceeding, or any equivalent proceeding, shall issue timely notice to the attorney general of that State of the impending release of any person incarcerated by the State who-- (A) is a sexually violent predator; or (B) has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. (2) Review.--Upon receiving notice under paragraph (1), the State attorney general shall consider whether or not to institute a civil commitment proceeding, or any equivalent proceeding required under State law. (b) Monitoring of Released Persons.-- (1) In general.--Each State shall intensively monitor, for not less than 1 year, any person described under paragraph (2) who-- (A) has been unconditionally released from incarceration by the State; and (B) has not been civilly committed pursuant to a civil commitment proceeding, or any equivalent proceeding under State law. (2) Applicability.--Paragraph (1) shall apply to-- (A) any sexually violent predator; or (B) any person who has been deemed by the State to be at high-risk for recommitting any sexually violent offense or criminal offense against a victim who is a minor. SEC. 5. COMPLIANCE. (a) Compliance Date.--Each State shall have not more than 3 years from the date of enactment of this Act in which to implement the requirements of sections 3 and 4. (b) Ineligibility for Funds.--A State that fails to submit the information required under section 3(b) to the Attorney General, or fails to implement the requirements of section 4, shall not receive 25 percent of the funds that would otherwise be allocated to the State under section 20106(b) of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13706(b)). (c) Reallocation of Funds.--Any funds that are not allocated for failure to comply with this section shall be reallocated to States that comply with sections 3 and 4. | National Sex Offender Registry Act of 2004 - Directs the Attorney General to establish a national sex offender registry that: (1) makes publicly available, via the Internet, information about sexually violent predators and persons convicted of a sexually violent offense or a criminal offense against a minor; and (2) allows users to determine which registered sex offenders are currently residing within a specified area. Requires States and the Federal Bureau of Investigation to submit to the Attorney General specified information regarding convicted persons who are required to register with a sexual offender registration program, including: (1) that person's name, address, date of birth, physical description, and photograph; (2) the nature and date of commission of the offense; and (3) the date on which that individual is released from prison or placed on parole, supervised release, or probation. Requires: (1) any State that provides for a civil commitment proceeding to notify the State attorney general of any impending release of a sexually violent predator or of anyone who has been deemed by the State to be at high-risk for recommitting specified sexual or violent offenses; (2) the State attorney general to consider whether or not to institute a civil commitment proceeding; and (3) each State to intensively monitor, for at least a year, any such person who has been unconditionally released by the State and who has not been civilly committed. Makes a State that fails to submit the required information or to implement Act requirements ineligible to receive 25 percent of funds that would otherwise be allocated to it under the Violent Crime Control and Law Enforcement Act of 1994. |
SECTION 1. SHORT TITLE. This Act may be referred to as the ``Benjamin Franklin Tercentenary Commission Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Benjamin Franklin was one of the most extraordinary men of the generation that founded the United States. Around the world, he remains one of the best-known Americans who has ever lived. (2) Benjamin Franklin's achievements include his literary work, his creation of philanthropic and educational institutions, his significant scientific explorations, and his service to the Nation as a statesman and diplomat. (3) Benjamin Franklin was the only American to sign all 5 enabling documents of the United States. (4) All people in the United States could benefit from studying the life of Benjamin Franklin and gaining a deeper appreciation of his legacy to the Nation. (5) January 17, 2006, is the 300th anniversary of the birth of Benjamin Franklin, and a commission should be established to study and recommend to the Congress activities that are fitting and proper to celebrate that anniversary in a manner that appropriately honors Benjamin Franklin. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the Benjamin Franklin Tercentenary Commission (referred to in this Act as the ``Commission''). SEC. 4. DUTIES. (a) Study.--The Commission shall have the following duties: (1) To study activities by the Government that would be fitting and proper to honor Benjamin Franklin on the occasion of the tercentenary of his birth, including but not limited to the following: (A) The minting of a Benjamin Franklin tercentenary coin. (B) The rededication of the Benjamin Franklin National Memorial at the Franklin Institute in Philadelphia, Pennsylvania, or other activities with respect to that memorial. (C) The acquisition and preservation of artifacts associated with Benjamin Franklin. (D) The sponsorship of publications, including catalogs and scholarly work, concerning Benjamin Franklin. (E) The sponsorship of conferences, exhibitions, or other public meetings concerning Benjamin Franklin. (F) The sponsorship of high school and collegiate essay contests concerning the life and legacy of Benjamin Franklin. (2) To recommend to the Congress in one or more of the interim reports submitted under section 9(a)-- (A) the activities that the Commission considers most fitting and proper to honor Benjamin Franklin on the occasion of the tercentenary of his birth; and (B) the entity or entities in the Federal Government that the Commission considers most appropriate to carry out such activities. (b) Point of Contact.--The Commission, acting through its secretariat, shall serve as the point of contact of the Government for all State, local, international, and private sector initiatives regarding the tercentenary of Benjamin Franklin's birth, with the purpose of coordinating and facilitating all fitting and proper activities honoring Benjamin Franklin. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members as follows: (1) The Librarian of Congress. (2) Fourteen qualified citizens, appointed as follows: (A) Two members appointed by the President. (B) Two members appointed by the President on the recommendation of the Governor of the Commonwealth of Pennsylvania. (C) Two members appointed by the President on the recommendation of the Governor of the Commonwealth of Massachusetts. (D) Two members, at least one of whom shall be a Senator, appointed by the majority leader of the Senate. (E) Two members, at least one of whom shall be a Senator, appointed by the minority leader of the Senate. (F) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the Speaker of the House of Representatives. (G) Two members, at least one of whom shall be a Member of the House of Representatives, appointed by the minority leader of the House of Representatives. (b) Qualified Citizen.--For purposes of this section, a qualified citizen is a citizen of the United States with-- (1) a substantial knowledge and appreciation of the work and legacy of Benjamin Franklin; and (2) a commitment to educating people in the United States about the historical importance of Benjamin Franklin. (c) Time of Appointment.--Each initial appointment of a member of the Commission shall be made before the expiration of the 120-day period beginning on the date of the enactment of this Act. (d) Continuation of Membership.--If a member of the Commission was appointed to the Commission as a Member of the Congress, and ceases to be a Member of the Congress, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to be a Member of the Congress. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Vacancies.--A vacancy in the Commission shall not affect the powers of the Commission and shall be filled in the manner in which the original appointment was made. (g) Basic Pay.--Members shall serve on the Commission without pay. (h) Travel Expenses.--Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (i) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (j) Chair.--The Commission shall select a Chair from among the members of the Commission. (k) Meetings.--The Commission shall meet at the call of the Chair. SEC. 6. ORGANIZATION. (a) Honorary Members.--The President-- (1) shall serve as an honorary, nonvoting member of the Commission; and (2) may invite the President of France and the Prime Minister of the United Kingdom to serve as honorary, nonvoting members of the Commission. (b) Advisory Committee.--The Commission shall form an advisory committee, to be composed of representatives of the major extant institutions founded by or dedicated to Benjamin Franklin, including the following: (1) The Executive Director of the American Philosophical Society. (2) The President of the Franklin Institute. (3) The Librarian of the Library Company. (4) The Director and Chief Executive Officer of the Philadelphia Museum of Art. (5) The President of the University of Pennsylvania. (c) Administrative Secretariat.--The Commission shall seek to enter into an arrangement with the Franklin Institute of Philadelphia, Pennsylvania, under which the Institute shall do the following: (1) Serve as the secretariat of the Commission, including by serving as the point of contact under section 4(b). (2) House the administrative offices of the Commission. SEC. 7. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers appropriate. (b) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action that the Commission is authorized to take by this Act. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States information necessary to enable the Commission to carry out this Act. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (e) Administrative Support Services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. (f) Procurement.--The Commission may enter into contracts for supplies, services, and facilities to carry out the Commission's duties under this Act. (g) Donations.--The Commission may accept and use donations of-- (1) money; (2) personal services; and (3) real or personal property related to Benjamin Franklin or the occasion of the tercentenary of his birth. SEC. 8. DIRECTOR AND STAFF. (a) Appointment.--The Commission may appoint a Director and such additional personnel as the Commission considers to be appropriate. (b) Applicability of Certain Civil Service Laws.--The Director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. SEC. 9. REPORTS. (a) Interim Reports.--The Commission shall submit to the Congress such interim reports as the Commission considers to be appropriate. (b) Final Report.--The Commission shall submit a final report to the Congress not later than January 16, 2007. The final report shall contain-- (1) a detailed statement of the activities of the Commission; and (2) any other information that the Commission considers to be appropriate. SEC. 10. TERMINATION. The Commission shall terminate 120 days after submitting its final report pursuant to section 9(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $500,000 for the period of fiscal years 2002 through 2007 to carry out this Act, to remain available until expended. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Benjamin Franklin Tercentenary Commission Act - Establishes the Benjamin Franklin Tercentenary Commission to: (1) study and recommend Government activities to honor Benjamin Franklin on the tercentenary of his birth, including the minting of a Benjamin Franklin tercentenary coin; (2) serve as the contact point for State, local, international, and private sector initiatives regarding tercentenary activities; (3) form an advisory committee composed of representatives of the major institutions founded by or dedicated to Benjamin Franklin, including the Executive Director of the American Philosophical Society and the President of the Franklin Institute; and (4) seek to enter into an arrangement for the Franklin Institute of Philadelphia to serve as the secretariat of the Commission and to house the Commission's administrative offices.Authorizes appropriations. |
SECTION 1. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL, KEROSENE, AND AVIATION FUEL, BY 4.3 CENTS, OR TO ZERO. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, and Kerosene.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2)-- ``(A) shall be reduced by 4.3 cents per gallon, and ``(B) if at any time during the applicable period the national average price of unleaded regular gasoline is at least $2.00 per gallon (as determined by the Secretary of Energy), shall be reduced to zero beginning on the date which is 7 days after such determination and for the remainder of the applicable period, subject to paragraph (3). ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clause (i), (ii), (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), and ``(B) paragraph (1) of section 4041(a) (relating to diesel fuel) with respect to fuel sold for use or used in a diesel-powered highway vehicle. ``(3) Protecting Social Security Trust Fund.--If upon the determination described in paragraph (1)(B), the Secretary, after consultation with the Director of the Office of Management and Budget, determines that such reduction would result in an aggregate reduction in revenues to the Treasury exceeding the Federal on-budget surplus during the remainder of the applicable period, the Secretary shall modify such reduction such that each rate of tax referred to in paragraph (2) and section 4091(e)(1) is reduced in a pro rata manner and such aggregate reduction does not exceed such surplus. ``(4) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 and the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(5) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (b) Aviation Fuel.--Section 4091 of the Internal Revenue Code of 1986 (relating to imposition of tax on aviation fuel) is amended by adding at the end the following new subsection: ``(e) Temporary Reduction in Tax on Aviation Fuel.-- ``(1) In general.--During the applicable period, the rate of tax otherwise applicable under subsection (b)(1) shall be reduced as provided in section 4081(f)(1). ``(2) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Airport and Airway Trust Fund under section 9502, an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(3) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after April 15, 2000, and ending before January 1, 2001.'' (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 2. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax reduction date, tax has been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax reduction date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax reduction date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax reduction date'' means April 16, 2000. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 3. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax would have been imposed under section 4081 or 4091 of the Internal Revenue Code of 1986 during the applicable period but for the amendments made by this Act, and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Gasoline, diesel fuel, and aviation fuel.--The terms ``gasoline'', ``diesel fuel'', and ``aviation fuel'' have the respective meanings given such terms by sections 4083 and 4093 of such Code. (3) Floor stocks tax date.--The term ``floor stocks tax date'' means January 1, 2001. (4) Applicable period.--The term ``applicable period'' means the period beginning after April 15, 2000, and ending before January 1, 2001. (5) Secretary.--The term ``Secretary'' means the Secretary of the Treasury or the Secretary's delegate. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to gasoline, diesel fuel, kerosene, or aviation fuel held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 or 4091 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on gasoline, diesel fuel, kerosene, or aviation fuel held in the tank of a motor vehicle, motorboat, or aircraft. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline (other than aviation gasoline) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on aviation gasoline, diesel fuel, kerosene, or aviation fuel held on such date by any person if the aggregate amount of aviation gasoline, diesel fuel, kerosene, or aviation fuel held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 or 4091 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081 or 4091. SEC. 4. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes under this Act, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the reduction of taxes under this Act to determine whether there has been a passthrough of such reduction. (B) Report.--Not later than September 30, 2000, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A). | Expresses the sense of the Congress that: (1) consumers should immediately receive the benefit of the reduction; and (2) motor fuels producers and dealers should take such actions as necessary to reduce prices to reflect any reduction. Requires a study and report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tar Creek Restoration Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The Tar Creek Superfund Site (the ``Site'') is a former lead and zinc mining area located in the northeastern portion of Ottawa County, Oklahoma. (2) The Site includes the Oklahoma portion of the Tri-State Mining District of Oklahoma, Kansas, and Missouri. (3) The Site is located in one of the most flood-prone parts of Oklahoma. (4) Mining began at the Site in the early 1900s and continued until the 1970s. (5) Due to water in the ore-producing Boone Aquifer, mining companies were forced to pump large volumes of water from the extensive underground mine workings when the mines were in operation. (6) Much of the mining at the Site was on Indian land controlled by the Bureau of Indian Affairs. (7) During World War I, mining at the Site accounted for more than 45 percent of the Nation's wartime consumption of lead and zinc. (8) Mining at the Site created millions of tons of waste tailings, or chat. (9) In 1923, the Department of the Interior recommended that chat be stockpiled aboveground at the Site so as to enable later reprocessing. (10) During World War II, the Department of the Interior reiterated its recommendation that chat be stockpiled aboveground at the Site. (11) In 1960, Congress enacted the Small Producers Lead and Zinc Mining Stabilization Act, which attempted to encourage lead and zinc production at the Site. (12) As mining abated in the early 1970s, the vast underground mine workings at the Site began to refill with water from the Boone Aquifer. (13) As water filled the mines, the native sulfide minerals, which had been oxidized by exposure to air, dissolved and created acid mine water. (14) In 1979, acid mine water began discharging at the surface from several locations at the Site. (15) In 1983, the Site was placed on the National Priorities List. (16) In 1984, the Environmental Protection Agency began work to remediate the acid mine water at the Site. (17) In 1994, after spending millions of dollars at the Site, the Environmental Protection Agency concluded that it was essentially impossible to remediate the acid mine water. (18) There are at least 1,300 mine shafts at the Site, many of which remain open. (19) There are at least 100,000 boreholes at the Site. (20) The open mine shafts at the Site are a source of recharge to the underground mine workings. (21) Millions of tons of chat scar the surface area of the Site. (22) The stockpiled chat at the Site is laced with heavy metals, including lead, that are toxic to humans. (23) The stockpiled chat contributes to the flood problems at the Site and surrounding communities. (24) The stockpiled chat stores water that recharges the underground mine workings. (25) The stockpiled chat at the Site has been used to construct roads at the Site, as well as backfill for yards, in driveways, in foundations of homes, and other high-access areas. (26) The use of chat in construction has left the residential areas of the Site contaminated with heavy metals, including lead. (27) In 1994, the Environmental Protection Agency began work to remediate residential yards that contained unsafe lead concentration levels. (28) Scientific studies prove that a large number of children at the Site have elevated blood lead levels. (29) Elevated blood lead levels in children have been proven to cause learning disabilities and other severe health problems. (30) Scientific studies suggest that dust from the stockpiled chat presents a danger to human health. (31) Because mining left underground cavities at the Site, there have been repeated cave-ins, or subsidences, at the Site, with many greater than 100 feet in diameter. Subsidences have occurred in populated areas and near schools. (32) No work has been undertaken by any agency of the United States Government to remediate the stockpiled chat or subsidence dangers at the Site. (33) There have been no comprehensive epidemiological studies of the Site. (34) Because of its many unique environmental problems, the Site can never be made safe for human habitation. SEC. 3. ASSISTANCE. (a) In General.--The Administrator of the Environmental Protection Agency shall provide assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4621 et seq.) to residents within the 17 square mile area identified in Governor Keating's Tar Creek Superfund Task Force Final Report of October 2000, including the communities of Picher and Cardin on the Tar Creek Superfund site in Oklahoma. The Environmental Protection Agency shall be considered the displacing agency for purposes of the application of that Act. (b) Continuing Responsibility.--Nothing in this Act shall be construed to relieve the Administrator of the Environmental Protection Agency or any other Federal agency of any responsibility under law with respect to the cleanup of the Tar Creek Superfund site. (c) Comprehensive Resolution.--The Administrator of the Environmental Protection Agency shall work with other appropriate Federal and State officials to seek a comprehensive resolution to the environmental and health problems related to the Tar Creek Superfund site. | Tar Creek Restoration Act - Directs the Administrator of the Environmental Protection Agency (EPA) to provide relocation assistance to specified communities, including Picher and Cardin, on the Tar Creek Superfund site, Oklahoma. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Wildlife Heritage Act''. SEC. 2. CONGRESSIONAL FINDINGS. Congress finds the following: (1) Wildlife is a fundamental part of America's history and character, and wildlife conservation is a core value shared by all Americans. America's children and grandchildren, indeed all future generations to come, deserve opportunities to benefit from and enjoy a diverse array of fish and wildlife species. (2) Wildlife conservation provides economic, social, educational, recreational, emotional, and spiritual benefits. The economic value of hunting, fishing, and wildlife-associated recreation alone is estimated to contribute $100,000,000,000 annually to the American economy. Wildlife habitat, including forests, grasslands, riparian lands, wetlands, rivers, and other water bodies, is an essential component of the American landscape, and is protected and valued by Federal, State, and local governments, tribes, private landowners, conservation organizations, and millions of American sportsmen and outdoor recreationists. (3) The American landscape is rapidly changing, particularly in the West where the majority of the Federal public lands are found, increasing the importance of sustaining wildlife and its habitat on our public lands. (4) Federal public lands are critical to the future of wildlife in America. Federal lands help to protect endangered and threatened species from going extinct and help prevent species from becoming endangered in the first place. They complement the conservation of wildlife on private lands by providing comparatively intact tracts of land that serve as refuges from human development and other pressures. They help keep common species common, including species valued for hunting and fishing. (5) Public lands provide refuges for species impacted by the effects of global climate change, and will play an important role in wildlife's ability to adapt to and survive global warmings mounting impacts. (6) Consistent with long-standing principles of multiple use and sustained yield management, the goal of sustaining the diverse fish and wildlife communities that depend on our Federal lands should guide the stewardship of America's public lands. SEC. 3. DEFINITIONS. In this Act: (1) Desired non-native species.--The term ``desired non- native species'' means those wild species of plants or animals that are not indigenous to a planning area but are valued for their contribution to species diversity or their social, cultural, or economic value. (2) Indicator species.--The term ``indicator species'' means species selected for monitoring because their population changes are believed to indicate the effects of management activities, natural disruptions, or other factors on unmeasured species and to provide insights to the integrity of the ecological systems to which they belong. (3) Native species.--The term ``native species'' means species of the plant and animal kingdoms indigenous to the planning area. (4) Planning area.--The term ``planning area'' means any geographic unit of National Forest System lands or Bureau of Land Management lands covered by an individual management plan. (5) Secretaries.--The term ``Secretaries'' means the Secretary of the Interior and the Secretary of Agriculture. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior or the Secretary of Agriculture, as appropriate in the context. (7) Species-at-risk.--The term ``species-at-risk'' means species listed as endangered or threatened, or proposed or identified as candidates for listing, under the Endangered Species Act of 1973; species listed or proposed for listing under State endangered species laws; species identified as State special status species; species identified as declining or of special concern through State comprehensive wildlife conservation strategies; sensitive or special status species identified by the Forest Service or the Bureau of Land Management; and other species identified by the Forest Service or the Bureau of Land Management for which scientific evidence or lack of information raises a significant concern regarding the species' viability within the planning area. (8) Viable population.--The term ``viable population'' means a population of a species that has the estimated numbers, distribution, and reproduction and survival rates to afford a high degree of scientific confidence that it will persist well distributed throughout its range for a period of at least 100 years into the future. SEC. 4. VIABLE POPULATIONS. For all planning areas within the National Forest System or the Bureau of Land Management public lands-- (1) the Secretary shall plan for and manage lands under the Secretary's jurisdiction in order to maintain viable populations of existing native and desired non native species within each planning area, except that management for desired non-native species shall not interfere with the maintenance of viable populations of native species within a planning area; (2) if a population extends across more than one planning area, the Secretary or Secretaries shall coordinate the management of habitat in the planning areas containing the population in order to maintain a viable population of such species; and (3) if the Secretary, using the best available science, makes a finding that conditions outside the authority of the Secretary make it impossible for the Secretary to maintain a viable population of a species within a planning area (or, under the circumstances identified in paragraph (2), within 2 or more planning areas), the Secretary or Secretaries shall-- (A) manage habitat within the planning area or areas in order to contribute to the maximum extent achievable to the viability of that species; and (B) ensure that any activity authorized, funded, or carried out within the planning area or areas does not contribute to a decline in the population of the species in such planning area or areas. SEC. 5. MONITORING AND EVALUATION OF SPECIES VIABILITY. (a) To provide the basis for determining species population viability for purposes of section 4, the Secretaries shall adopt and implement, as part of the land management planning for each planning area, a comprehensive monitoring program to determine the status and trends of wildlife populations on National Forest System and Bureau of Land Management lands. Such monitoring programs shall designate indicator species representing the diversity of ecological systems and species present in the planning area, identify species-at-risk in the planning area, and provide for-- (1) monitoring of the status and trends of the habitats and ecological conditions that support indicator species and species-at-risk; (2) population surveys of the indicator species identified in the monitoring program at intervals sufficient to ensure that monitoring is providing accurate information regarding the status and trends of species' populations in the planning area; and (3) population surveys of species-at-risk whose populations are not adequately assessed by the population surveys of indicator species at intervals sufficient to provide accurate information regarding the status and trends of such species' populations in the planning area. (b) The Secretary shall conduct such monitoring in cooperation with State fish and wildlife agencies to the extent practicable, and shall consider relevant population data maintained by Federal and State agencies, or other entities. SEC. 6. COORDINATION. (a) The Secretaries shall coordinate, to the extent practicable and consistent with applicable law, the management of species populations in planning areas of the National Forest System and the Bureau of Land Management with the management of species populations on lands within the National Wildlife Refuge System and National Park System, and with other Federal agencies, State fish and wildlife agencies, tribes, local governments, and non-governmental organizations engaged in species conservation, in order to-- (1) achieve and maintain viable populations of native and desired non-native species; (2) reintroduce extirpated species, where appropriate, when a population is no longer present; (3) establish linkages between habitats and discrete populations; (4) address the impacts of changing climatic conditions on species habitat, behavior, and migration; and (5) conduct other joint efforts in support of sustainable plant and animal communities across jurisdictional boundaries. (b) Nothing in this section shall affect the legal authorities or management standards applicable to lands or species populations within the National Wildlife Refuge System or National Park System. | America's Wildlife Heritage Act - Sets forth requirements concerning the maintenance of viable populations of existing native and desired non-native species within each planning area in the National Forest System's or the Bureau of Land Management's (BLM) public lands. Directs the Secretary of Agriculture and the Secretary of the Interior to adopt and implement a comprehensive monitoring program for determining the status and trends of wildlife populations on System and BLM lands. Requires the Secretaries to coordinate the management of species populations in planning areas of the System and the BLM with the management of such populations on lands within the National Wildlife Refuge System and National Park System, and with other federal agencies, state fish and wildlife agencies, tribes, local governments, and non-governmental organizations engaged in species conservation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Relationships Act of 2017''. SEC. 2. SEXUAL RISK AVOIDANCE EDUCATION. (a) Grants.--The Secretary of Health and Human Services, acting through the Administration for Children & Families (in this section referred to as the ``Secretary''), may award grants on a competitive basis to public and private entities for the exclusive purpose of providing qualified sexual risk avoidance (in this section referred to as ``SRA'') education to youth and their parents. (b) Qualified SRA Education.--To receive funding for SRA education under this section, an entity shall demonstrate to the Secretary each of the following: (1) The education-- (A) will be evidenced-based, meaning it will have a clear theoretical framework integrating research findings with practical implementation relevant to the SRA field that matches the needs and desired outcomes for the intended audience; and (B) if effectively implemented, will give youth improved life and health outcomes. (2) The unambiguous and primary emphasis and context for each topic covered by the education will be the message to middle and high school students that avoiding nonmarital sexual activity offers the best opportunity for optimal sexual health. (3) The education will be medically accurate, meaning that information will be referenced to peer reviewed publications by educational, scientific, governmental, or health organizations. (4) The education will be age-appropriate, meaning it will be appropriate for the general developmental and social maturity of the targeted age group (as opposed to the cognitive ability to understand a topic, or the atypical maturation, of a small segment of the targeted population). (5) The education will thoroughly address each of the following: (A) The holistic individual and societal benefits associated with personal responsibility, self- regulation, goal setting, healthy decisionmaking, and a focus on the future. (B) The research-supported advantage of reserving sexual activity for marriage, in order to improve the future prospects and physical and emotional health of youth, and helping sexually active students return to a risk-free status. In this subparagraph, the terms ``sexual activity'' and ``sexually active'' refer to any type of genital contact or sexual stimulation for the purpose of arousal, including sexual intercourse. (C) The increased likelihood of avoiding poverty when youth implement the ``success sequence'' by achieving three norms in sequence: complete school, secure a full time job, and wait until at least 21 years of age to marry and have children. (D) The skills needed to resist the harms associated with pornography and the pervasive, sex- saturated culture that portrays teenage sexual activity as an expected norm, with few risks or negative consequences. (E) The foundational components of healthy relationships and their impact on the formation of healthy marriages and safe and stable families. (F) How to resist and avoid sexual coercion and dating violence, recognizing that even with consent, teen sex remains a youth risk behavior. (G) How other youth risk behaviors, such as drug and alcohol usage, increase the risk for teen sex. (6) The education will ensure that any information provided on contraception-- (A) is medically accurate and ensures that students understand that contraception offers only physical risk reduction and not risk elimination; and (B) does not include demonstration, simulation, or distribution of contraceptive devices. (c) Priority.--In awarding grants under subsection (a), the Secretary shall give priority to applicants proposing programs to provide qualified SRA education that will-- (1) regularly reinforce the SRA message in both the middle and high school grades; and (2) promote parent-child communication regarding the benefits of avoiding all sexual risk. (d) Application.--To seek an application under this section, an entity shall submit an application at such time, in such manner, and containing such assurances as the Secretary may require. At a minimum, the application shall include-- (1) assurances satisfactory to the Secretary that each of the conditions listed in subsection (c) will be satisfied; (2) an individualized plan to evaluate the SRA education to be funded through the grant for behavioral impact, or to inform best practices in the provision of such SRA education that are based on research that-- (A) is conducted by independent researchers who have experience in conducting and publishing research in peer-reviewed outlets; and (B) is not part of a national evaluation that is mandated by, contracted for, or conducted by the Department of Health and Human Services; and (3) an agreement to expend not more than 20 percent of their overall grant award for such evaluation. (e) Training and Technical Assistance.-- (1) In general.--The Secretary may provide training and technical assistance to grantees under this section. (2) Requirements.--Any such training and technical assistance shall-- (A) emphasize the practical implementation of SRA in all educational messaging to teens; (B) be provided directly to grantees by SRA- credentialed experts; (C) cover methodologies and best practices in SRA for teens; and (D) consistently teach in the context of a public health model that stresses risk avoidance or a return to a risk avoidance status. (3) Settings.--Any such training and technical assistance shall be provided during national and regional conferences, webinars, and one-on-one conversations about funded projects. (4) Qualified organizations.--In addition to training and technical assistance provided by staff of the Department of Health and Human Services, such training and technical assistance shall be provided by qualified organizations that have-- (A) sole focus on the development and advancement of SRA education; (B) expertise in theory-based SRA program development and implementation; (C) direct experience in developing SRA evaluation instruments; and (D) the ability to offer technical assistance and training on topics relevant to the SRA field. (f) Authorization of Appropriations.-- (1) In general.--To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2018 through 2022. Amounts authorized to be appropriated by the preceding sentence shall be derived exclusively from amounts made available for the Teen Pregnancy Prevention program of the Department of Health and Human Services. (2) Federal administrative costs.--Of the amount authorized to be appropriated by paragraph (1) for a fiscal year-- (A) up to $1,000,000 are authorized to be used for the creation of a national media campaign to increase understanding and appreciation for SRA education; (B) not more than $1,000,000 are authorized to be used for Federal administrative costs; and (C) of the amount used by the Secretary for administrative costs, no more than 25 percent shall be used for training and technical assistance. | Healthy Relationships Act of 2017 This bill authorizes the Administration for Children & Families of the Department of Health and Human Services to award grants to public and private entities for the exclusive purpose of providing qualified sexual risk avoidance education to youth and their parents. Such education must address specified topics, including: benefits associated with personal responsibility and healthy decisionmaking; the advantage of reserving sexual activity for marriage; the skills needed to resist the harms associated with pornography and pervasive, sex-saturated culture; the foundational components of healthy relationships; and how to resist and avoid sexual coercion and dating violence. Priority in awarding grants must be given to applicants who propose sexual risk avoidance education programs that will regularly reinforce the sexual risk avoidance message in both the middle and high school grades and will promote parent-child communication on the benefits of avoiding all sexual risk. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Retirement Investments for a Sustainable Economy Act of 2018'' or the ``RISE Act of 2018''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) continued inaction by the Federal Government with respect to addressing climate change poses a significant threat to the growth and stability of the economy and population of the United States; (2) pension and retirement funds are vulnerable to distinct risks relating to climate change, including-- (A) climate impact risks, including sea level rise, heat waves, desertification, ocean acidification, flooding, drought, extreme weather, and wildfires; (B) carbon-constrained demand risks, including stranded carbon assets, which financial institutions have estimated as having a value of $100,000,000,000,000; and (C) climate liability risks, including from evolving interpretations of fiduciary and tortious duties of care; and (3) assessing the potential impact of climate-related risks on national and international financial systems, including retirement savings accounts and pensions, is an urgent concern. SEC. 3. CLIMATE CHOICE STOCK INDEX FUND. Section 8438 of title 5, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (4) through (10) as paragraphs (7) through (13), respectively; (B) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (4), and (5), respectively; (C) by inserting before paragraph (2), as so redesignated, the following: ``(1) the term `Climate Choice Stock Index Fund' means the Climate Choice Stock Index Fund established under subsection (b)(1)(G);''; (D) by inserting after paragraph (2), as so redesignated, the following: ``(3) the term `entity' means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other business association, including any wholly-owned subsidiary, majority-owned subsidiary, parent-country national, or affiliate of the business association, that exists for the purpose of making profit;''; and (E) by inserting after paragraph (5), as so redesignated, the following: ``(6) the term `fossil fuel entity' means any entity-- ``(A) with proven carbon reserves; or ``(B) that explores for, extracts, processes, refines, or transmits coal, oil, gas, oil shale, or tar sands;''; and (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (E), by striking ``and'' at the end; (ii) in subparagraph (F), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following: ``(G) a Climate Choice Stock Index Fund as provided in paragraph (6).''; and (B) by adding at the end the following: ``(6)(A) The Board shall select an index which is a commonly recognized index comprised of common stock. ``(B) The historical performance of the index selected under subparagraph (A) shall be comparable to that of the other investment funds and options available under this subsection. ``(C) The Climate Choice Stock Index Fund shall be invested in a portfolio that is designed-- ``(i) to replicate the performance of the index selected under subparagraph (A); ``(ii) such that, to the extent practicable, the percentage of the Climate Choice Stock Index Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in the index selected under subparagraph (A); and ``(iii) to ensure that no investment in the portfolio is an investment with respect to a fossil fuel entity.''. SEC. 4. GOVERNMENT ACCOUNTABILITY OFFICE REPORT. (a) Definition.--In this section, the term ``fossil fuel entity'' has the meaning given the term in section 8438(a) of title 5, United States Code, as amended by this Act. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that-- (1) analyzes, as of that date of enactment-- (A) the proportion of the stocks, bonds, and other obligations held by the Thrift Savings Fund that are stocks, bonds, or other obligations of a fossil fuel entity; and (B) the effect on individuals holding accounts in the Thrift Savings Fund of the Thrift Savings Fund holding stocks, bonds, or other obligations of fossil fuel entities under the climate policies that would be needed to limit global temperature increase to 2 degrees Celsius, given technology that is available and economically feasible as of that date of enactment; and (2) provides a plan and mechanism that would allow the Federal Retirement Thrift Investment Board to divest from fossil fuel entities to prevent or mitigate any negative investment risk on individuals holding accounts in the Thrift Savings Fund. | Retirement Investments for a Sustainable Economy Act of 2018 or the RISE Act of 2018 This bill establishes a new fund—the Climate Choice Stock Index Fund—as an investment option under the Thrift Savings Plan. The Climate Choice Stock Index Fund must be invested in a portfolio that is designed to replicate the performance of a commonly recognized index comprised of common stock and to ensure that no investment in the portfolio is an investment in a fossil fuel entity. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2006''. SEC. 2. STUDY OF ACTIONS TO IMPROVE THE ACCURACY OF COLLECTION OF FEDERAL OIL, CONDENSATE, AND NATURAL GAS ROYALTIES. The Secretary of the Interior shall seek to enter into an arrangement with the National Academy of Engineering under which the Academy, by not later than six months after the date of the enactment of this Act, shall study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of Federal lands (in eluding submerged and deep water lands) and Indian lands would be improved by any of the following: (1) Requiring the installation of digital meters, calibrated at least monthly to an absolute zero value, for all lands from which natural gas (including condensate) is produced under such leases. (2) Requiring that-- (A) the size of every orifice plate on each natural gas well operated under such leases be inspected at least quarterly by the Secretary; and (B) chipped orifice plates and wrong-sized orifice plates be replaced immediately after those inspections and reported to the Secretary for retroactive volume measurement corrections and royalty payments with interest of 8 percent compounded monthly. (3) Requiring that any plug valves that are in natural gas gathering lines be removed and replaced with ball valves. (4) Requiring that-- (A) all meter runs should be opened for inspection by the Secretary and the producer at all times; and (B) any welding or closing of the meter runs leading to the orifice plates should be prohibited unless authorized by the Secretary. (5) Requiring the installation of straightening vanes approximately 10 feet before natural gas enters each orifice meter. (6) Requiring that all master meters be inspected and the results of such inspections be made available to the Secretary and the producers immediately. (7) Requiring that-- (A) all sampling of natural gas for heating content analysis be performed monthly upstream of each natural gas meter, including upstream of each master meter; (B) records of such sampling and heating content analysis be maintained by the purchaser and made available to the Secretary and to the producer monthly; (C) probes for such upstream sampling be installed upstream within three feet of each natural gas meter; (D) any oil and natural gas lease for which heat content analysis is falsified shall be subject to cancellation; (E) natural gas sampling probes be located-- (i) upstream of the natural gas meter at all times; (ii) within a few feet of the natural gas meter; and (iii) after the natural gas goes through a Welker or Y-Z vanishing chamber; and (F) temperature probes and testing probes be located between the natural gas sampling probe and the orifice of the natural gas meter. (8)(A) Reinstating the requirement to file Federal Energy Regulatory Commission (FERC) Form 16 in April and September of each year for every natural gas pipeline, including each intrastate pipelines, in addition to the filing of FERC Form 2. (B) Requiring-- (i) use of such FERC Form 2 to create FERC Form 16 data for the years beginning April and September, respectively, 1992, and for each year thereafter; and (ii) filing with the Federal Energy Regulatory Commission a FERC Form 16 for April and September that is completed with such data back to April 1992. (9) Requiring that administrative jurisdiction over all natural gas gathering lines, interstate pipelines, and intrastate piplines revert immediately to the Federal Energy Regulatory Commission. (10) Prohibiting the dilution of natural gas with inert nitrogen or inert carbon dioxide gas for royalty determination, sale, or resale at any point. (11) Requiring that both the measurement of the volume of natural gas and the heating content analyses be reported only on the basis of 14.72 PSI and 60 degrees Fahrenheit, regardless of the elevation above sea level of such volume measurement and heating content analysis, for both purchases and sales of natural gas. (12) Prohibiting the construction of bypass pipes that go around the natural gas meter, and imposing criminal penalties for any such construction or subsequent removal including, but not limited to, automatic cancellation of the lease. (13) Requiring that all natural gas sold to consumers have a minimum BTU content of 960 at an atmospheric pressure of 14.73 PSI and be at a temperature of 60 degrees Fahrenheit, as required by the State of Wyoming Public Utilities Commission. (14) Requiring that all natural gas sold in the USA will be on a MMBTU basis with the BTU content adjusted for elevation above sea level in higher altitudes. Thus all natural gas meters must correct for BTU content in higher elevations (altitudes). (15) Issuance by the Secretary of rules for the measurement at the wellhead of the standard volume of natural gas produced, based on independent industry standards such as those suggested by the American Society of Testing Materials (ASTM). (16) Requiring use of the fundamental orifice meter mass flow equation, as revised in 1990, for calculating the standard volume of natural gas produced. (17) Requiring the use of Fpv in standard volume measurement computations as described in the 1992 American Gas Association Report No. 8 entitled Compressibility Factor of Natural Gas and Other Related Hydrocarbon Gases. (18) Requiring that gathering lines must be constructed so as to have as few angles and turns as possible, with a maximum of three angles, before they connect with the natural gas meter. (19) Requiring that for purposes of reporting the royalty value of natural gas, condensate, oil, and associated natural gases, such royalty value must be based upon the natural gas' condensate's, oil's, and associated natural gases' arm's length, independent market value, as reported in independent, respected market reports such as Platts or Bloombergs, and not based upon industry controlled posted prices, such as Koch's. (20) Requiring that royalties be paid on all the condensate recovered through purging gathering lines and pipelines with a cone-shaped device to push out condensate (popularly referred to as a pig) and on condensate recovered from separators, dehydrators, and processing plants. (21) Requiring that all royalty deductions for dehydration, treating, natural gas gathering, compression, transportation, and other similar charges on natural gas, condensate, and oil produced under such leases that are now in existence be eliminated. (22) Requiring that at all times-- (A) the quantity, quality, and value obtained for natural gas liquids (condensate) be reported to the Secretary; and (B) such reported value be based on fair independent arm's length market value. (23) Issuance by the Secretary of regulations that prohibit venting or flaring (or both) of natural gas in cases for which technology exists to reasonably prevent it, strict enforcement of such prohibitions, and cancellation of leases for violations. (24) Requiring lessees to pay full royalties on any natural gas that is vented, flared, or otherwise avoidably lost. (25) Requiring payment of royalties on carbon dioxide at the wellhead used for tertiary oil recovery from depleted oil fields and for edible purposes on the basis of 5 percent of the West Texas Intermediate crude oil fair market price to be used for one MCF (1,000 cubic feet) of carbon dioxide gas. (26) Requiring that-- (A) all carbon dioxide produced from Federal and Indian leases be analyzed for carcinogenic benzene; and (B) benzene produced with such carbon dioxide must be filtered out and removed safely as necessary to prevent harm to the environment bearing such benezene content to a maximum permissible level of 5 parts per billion. (27) Requiring that-- (A) royalties be paid on the fair market value of nitrogen extracted from such leases that is used industrially for well stimulation, helium recovery, or other uses; and (B) royalties be paid on the fair market value of ultimately processed helium recovered from such leases. (28) Allowing only 5 percent of the value of the elemental sulfur recovered during processing of hydrogen sulfide gas from such leases to be deducted for processing costs in determining royalty payments. (29) Requiring that all heating content analysis of natural gas be conducted to a minimum level of C<INF>15</INF>. (30) Eliminating artificial conversion from dry BTU to wet BTU, and requiring that natural gas be analyzed and royalties paid for at all times on the basis of dry BTU only. (31) Requiring that natural gas sampling be performed at all times with a floating piston cylinder container at the same pressure intake as the pressure of the natural gas gathering line. (32) Requiring use of natural gas filters with a minimum of 10 microns, and preferably 15 microns, both in the intake to natural gas sampling containers and in the exit from the natural gas sampling containers into the chromatograph. (33) Mandate the use of a Quad Unit for both portable and stationary chromatographs in order to correct for the presence of nitrogen and oxygen, if any, in certain natural gas streams. (34) Require the calibration of all chromatograph equipment every three months and the use of only American Gas Association-approved standard comparison containers for such calibration. (35) Requiring that natural gas stored during the summer period and marketed during the winter period be sold on the basis of the purchase price minus a maximum of $0.50 per MMBTU storage charges. (36) Requiring payment of royalties on any such natural gas stored on Federal or Indian lands on the basis of corresponding storage charges. (37) Imposing penalties for the intentional nonpayment of royalties for natural gas liquids recovered-- (A) from purging of natural gas gathering lines and natural gas pipelines; or (B) from field separators, dehydrators, and processing plants, including cancellation of oil and natural gas leases and criminal penalties. (38) Requiring that the separator, dehydrator, and natural gas meter be located within 100 feet of each natural gas wellhead. (39) Requiring that BTU heating content analysis be performed when the natural gas is at a temperature of 140 to 150 degrees Fahrenheit at all times. (40) Requiring that heating content analysis and volume measurements are identical at the sales point to what they are at the purchase point, after allowing for a small volume for leakage in old pipes, but with no allowance for heating content discrepancy. (41) Requiring that all natural gas produced under such leases be at all times sold to public, industrial, storage, and private customers only on a MMBTU basis of MCF (1000 CF) x MBTU (1000 BTU). (42) Verification by the Secretary that the specific gravity of natural gas produced under such leases, as measured at the meter run, corresponds to the heating content analysis data for such natural gas, in accordance with the Natural Gas Processors Association Publication 2145-71(1), entitled ``Physical Constants Of Paraffin Hydrocarbons And Other Components Of Natural Gas'', and reporting of all discrepancies immediately. (43) Prohibiting all deductions on royalty payments for marketing of natural gas, condensate, and oil by an affiliate or agent. (44) Requiring that all standards of the American Petroleum Institute, the American Gas Association, the Gas Processors Association, and the American Society of Testing Materials, Minerals Management Service Order No. 5, and all other Minerals Management Service orders be faithfully observed and applied, and willful misconduct of such standards and orders be subject to oil and gas lease cancellation. SEC. 3. REVIEW OF ROYALTY PAYMENTS. The Secretary of the Interior, subject to the availability of appropriations, shall award a contract under which the contractor shall-- (1) compare royalty payments made under Federal oil and gas lease provisions for covered lands against data supplied to the Federal Energy Regulatory Commission; (2) make such comparison retroactive to June 1, 1974, by integrating existing natural gas analog charts or digital meter results (or both) for each natural gas meter and multiplying the corresponding standard volume results by heating content analysis obtained from corresponding specific gravity measurement relationship; (3) determine whether the correct production standard volume and heating content analysis was used to calculate such payments; and (4) determine whether such payments were adequate under the terms of such oil and gas leases, by among other procedures comparing the reported royalty values with respected published market price reports, such as Platts or Bloombergs. SEC. 4. DEFINITIONS. In this Act: (1) Covered lands.--The term ``covered lands'' means-- (A) all Federal onshore lands and offshore lands that are under the administrative jurisdiction of the Department of the Interior for purposes of oil and gas leasing; and (B) Indian lands. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. | Study of Ways to Improve the Accuracy of the Collection of Federal Oil, Condensate, and Natural Gas Royalties Act of 2006 - Directs the Secretary of the Interior to arrange with the National Academy of Engineering to study and report to the Secretary regarding whether the accuracy of collection of royalties on production of oil, condensate, and natural gas under leases of federal lands (including submerged, deep water, and Indian lands) would be improved by implementing certain prescribed measures. Requires the Secretary to award a contract under which the contractor shall: (1) compare royalty payments made under federal oil and gas lease provisions for covered lands against data supplied to the Federal Energy Regulatory Commission; (2) make such comparison retroactive to June 1, 1974; (3) determine whether the correct production standard volume and heating content analysis was used to calculate such payments; and (4) determine whether such payments were adequate under the terms of the oil and gas leases. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Hemisphere Environmental Cooperation Act of 1993''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The elements of biological diversity offer many actual and yet-to-be-discovered medical, biotechnological, agricultural, and industrial uses. (2) Tropical forests, which contain 50 to 90 percent of the species estimated to exist on the earth, are being cleared at the approximate rate of 17,000,000 hectares per year. (3) At the rate that tropical forests are disappearing, scientists estimate conservatively that 5 to 10 percent of tropical forest species could disappear within the next 30 years. (4) Poverty and limited economic opportunity in Latin America and the Caribbean and other areas of the developing world contribute significantly to the loss of tropical forests and other areas important for biodiversity conservation. (5) Cooperation between United States institutions interested in the potential applications of biological resources of tropical forests and other areas rich in biodiversity, and governments and nonprofit organizations in Latin America and the Caribbean interested in preserving biological diversity and enhancing its economic value, can effectively serve the interests of both conservation and economic growth. (6) Maintaining access to a continuing and reliable supply of biological resources will enhance United States competitiveness. (7) The Convention on Biological Diversity is consistent with the protection of intellectual property rights and with resource exchange agreements. (8) As was made evident through the United Nations Conference on Environment and Development, there is international recognition of the important link between the protection of the environment and biodiversity and economic growth. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to encourage the conservation of biological resources and the sustainable use of tropical forests in Latin America and the Caribbean, and to secure a continuing and reliable supply of biological resources for United States companies, research institutes, botanical laboratories, universities, and other institutions interested in the potential uses and benefits of such resources, by-- (A) assisting the countries of Latin America and the Caribbean to establish and strengthen biodiversity management organizations; (B) creating incentives for resource-sharing entities to enter into resource exchange agreements with biodiversity management organizations; (C) ensuring that such agreements provide for conservation of biological diversity and for technology transfer and training related to the purposes set forth in the agreements; and (D) ensuring increased understanding of what constitutes properly protected intellectual property rights and fair and equitable distribution of any benefits arising from the commercial or other use of products developed under such agreements; and (2) to provide for a study of the feasibility of establishing a Western Hemisphere Environmental Partnership to promote hemispheric technological cooperation on environmental problems. SEC. 4. WESTERN HEMISPHERE BIODIVERSITY COOPERATION PROGRAM. (a) Establishment.--The Administrator of the Agency for International Development shall establish within the Agency a Western Hemisphere Biodiversity Cooperation Program to assist in the establishment and strengthening of biodiversity management organizations. (b) Uses of Assistance.--Assistance under the program described in subsection (a) shall be used to establish biodiversity management organizations and strengthen the ability of such organizations to study and protect biological diversity and to enhance the economic value of the biological resources of Latin America and the Caribbean, including assistance for-- (1) cataloging and studying biological resources; (2) preparing data bases of biological resources to be used for monitoring the status and distribution of such resources and for commercial purposes; (3) creating the institutional capacity for biodiversity management organizations to negotiate, enter into, and implement resource exchange agreements with resource-sharing entities through training in areas such as research, contract law and negotiation, quality control, and management; (4) advising the governments in countries in which biodiversity management organizations operate on legislation and policies that will conserve biological diversity and encourage sustainable economic development; (5) facilitating cooperation and exchange of information among such organizations; (6) developing and studying the uses of biological samples from tropical forests and other areas rich in biodiversity that may provide sustainable economic opportunities for communities located in or near such forests and areas; and (7) facilitating cooperation and close consultation with indigenous peoples in the geographic areas in which biodiversity management organizations operate. (c) Debt Exchanges.--Assistance under this section shall include, where appropriate, assistance to biodiversity management organizations for the purchase on the open market of discounted commercial debt of the governments of the countries in which such organizations operate, pursuant to the section 462 entitled ``Assistance for Commercial Debt Exchanges'', of the Foreign Assistance Act of 1961 (22 U.S.C. 2282), in order to provide such organizations with a steady income for accomplishing the purposes of this section. (d) Consultation.--In administering the program described in subsection (a), the Administrator shall consult with and use the expertise of appropriate United States Government agencies and nongovernmental conservation organizations in the United States, Latin America, and the Caribbean. (e) Collaboration With National Governments.--The Administrator shall, in carrying out the program described in subsection (a), encourage and seek to facilitate close collaboration between biodiversity management organizations and the governments of the countries in which the organizations operate. SEC. 5. WESTERN HEMISPHERE BIODIVERSITY COOPERATION GRANTS. (a) Establishment.--In furtherance of section 2(4) and section 3(1)(B) and (C), the Administrator shall establish, as part of the program under section 4, a program of Western Hemisphere Biodiversity Cooperation Grants. (b) Purpose.--Grants under the program established under subsection (a) may be awarded to biodiversity management organizations to encourage the conclusion of resource exchange agreements, between such organizations and resource-sharing entities, that-- (1) strengthen the capacity of the organizations to implement such agreements; (2) promote the conservation of tropical forests; and (3) promote sustainable economic development among the communities living in or near areas rich in biodiversity. (c) Authority.--The Administrator may agree to provide a grant under this section to a biodiversity management organization in support of an agreement with a resource-sharing entity in order to assist the organization in fulfilling its obligations to the entity under the agreement if, in the judgment of the Administrator, such a grant would significantly increase the likelihood that an agreement would be concluded or would significantly increase the benefits of the agreement for the organization and for the conservation of tropical forests and other areas important for biodiversity conservation. (d) Criteria.--Among the criteria that the Administrator should use in determining whether or not to make a grant under this section to an organization with respect to an agreement are whether the agreement will provide-- (1) that at least 50 percent of the value of all benefits provided to the organization by the resource-sharing entity under the agreement will be provided by the organization to the government of the country or countries in which the resources referred to in the agreement originate, for use in the conservation of tropical forests and other areas important for biodiversity conservation; (2) that the entity will-- (A) give or lend equipment to the organization to carry out the agreement; and (B) train staff of the organization, or staff affiliated with the organization, in carrying out the responsibilities assigned to the organization under the agreement; and (3) that the organization assures that intellectual property rights will be properly protected and that the resource-sharing entity assures that any benefits arising from the commercial or other use of products developed under such agreements are shared in a fair and equitable way with the country of origin. (e) Characteristics of Grants.--A grant under this section shall-- (1) be used only to support the purposes of the agreement for which it is provided; (2) be not larger than $100,000 for any agreement; and (3) represent not more than 20 percent of the initial financial investment of the entity under the agreement. (f) United States Not to Receive Proceeds.--The United States shall not make, as a condition of any assistance under section 4 or a grant under this section, that the United States Government receive any part of any proceeds or profits generated under any resource exchange agreement entered into by a biodiversity management organization. (g) Treatment of Assistance.--Assistance under section 4 and grants under this section shall not be considered assistance for purposes of any provision of law limiting assistance to any country. SEC. 6. WESTERN HEMISPHERE ENVIRONMENTAL PARTNERSHIP. (a) Study.--The President shall direct an appropriate Federal entity to study the feasibility of establishing a Western Hemisphere Environmental Partnership to promote hemispheric technological cooperation on environmental problems, the purpose of which would be-- (1) to promote public-private sector partnerships to address environmental problems and to increase environmental protection in the Western Hemisphere; (2) to facilitate cooperation between the United States and the countries of Latin America and the Caribbean in the application of technology to environmental problems; (3) to provide for the training in sound environmental practices of appropriate personnel from government, industry, and nongovernmental organizations in Latin America and the Caribbean by personnel with appropriate expertise from similar organizations in the United States; (4) to develop innovative mechanisms for financing improvements in the environmental protection capacity of countries in Latin America and the Caribbean through debt exchanges, issuance of bonds, and other market-based incentives; (5) to help countries in the region to develop appropriate technologies to meet their specific environmental needs; and (6) to facilitate information-sharing within the Western Hemisphere on the use of environmental technologies and services to address environmental problems. (b) Role of United States Government.--In conducting the study under subsection (a), the Committee shall explore the role of the United States Government in a Western Hemisphere Environmental Partnership. (c) Precedents.--In conducting the study under subsection (a), the Committee shall take into account the experiences of the United States- Asia Environmental Partnership and the Caribbean Environment and Development Institute. SEC. 7. REPORTS. (a) First Report.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Congress a report on the implementation of this Act, including-- (1) the establishment of the Western Hemisphere Biodiversity Cooperation Program under section 4 and the Western Hemisphere Biodiversity Cooperation Grants under section 5; and (2) the results of the study of a Western Hemisphere Environmental Partnership under section 6, together with the President's recommendations for action by the Congress. (b) Subsequent Annual Reports.--Each year following the report referred to in subsection (a), the President shall submit to the Congress a further report on the implementation of this Act. SEC. 8. DEFINITIONS. As used in this Act-- (1) the term ``Administrator'' means the Administrator of the Agency for International Development; (2) the term ``biodiversity management organization'' means a nonprofit local or regional organization in Latin America or the Caribbean whose purposes include the study and protection of biological diversity and the enhancement of its economic value; (3) the term ``resource-sharing entity'' means a public or private institution in the United States, including a company, research institute, botanical laboratory, or university, that is undertaking activities relating to the potential applications of biological resources of tropical forests and other areas rich in biodiversity; and (4) the term ``resource exchange agreement'' means an agreement between a biodiversity management organization and resource-sharing entity under which the biodiversity management organization provides the resource-sharing entity with information on or samples of biological resources in exchange for benefits (including payment of money, technology transfer, or training) provided to the biodiversity management organization. | Western Hemisphere Environmental Cooperation Act of 1993 - Directs the Administrator of the Agency for International Development (AID) to establish a Western Hemisphere Biodiversity Cooperation Program within AID to assist (including by purchase of commercial debts of foreign countries) in the establishment and strengthening of biodiversity management organizations to protect biological diversity and to enhance the economic value of the biological resources of Latin America and the Caribbean. Directs the Administrator of AID to establish a program of Western Hemisphere Biodiversity Cooperation Grants to be awarded to such organizations. Requires the President to direct an appropriate Federal entity to study the feasibility of establishing a Western Hemisphere Environmental Partnership to promote hemispheric technological cooperation on environmental problems. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean Water for Rural Communities Act''. SEC. 2. PURPOSE. The purpose of this Act is to ensure a safe and adequate municipal, rural, and industrial water supply for the citizens of-- (1) Dawson, Garfield, McCone, Prairie, Richland, Judith Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and Musselshell Counties in the State of Montana; and (2) McKenzie County, North Dakota. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Western Area Power Administration. (2) Authority.--The term ``Authority'' means-- (A) in the case of the Dry-Redwater Regional Water Authority System-- (i) the Dry-Redwater Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and (ii) any nonprofit successor entity to the Authority described in clause (i); and (B) in the case of the Musselshell-Judith Rural Water System-- (i) the Central Montana Regional Water Authority, which is a publicly owned nonprofit water authority formed in accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and (ii) any nonprofit successor entity to the Authority described in clause (i). (3) Dry-redwater regional water authority system.--The term ``Dry-Redwater Regional Water Authority System'' means the Dry- Redwater Regional Water Authority System authorized under section 4(a)(1) with a project service area that includes-- (A) Garfield and McCone Counties in the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties in the State; (C) T. 15 N. (including the area north of the Township) in Prairie County in the State; and (D) the portion of McKenzie County, North Dakota, that includes all land that is located west of the Yellowstone River in the State of North Dakota. (4) Integrated system.--The term ``integrated system'' means the transmission system owned by the Western Area Power Administration Basin Electric Power District and the Heartland Consumers Power District. (5) Musselshell-judith rural water system.--The term ``Musselshell-Judith Rural Water System'' means the Musselshell-Judith Rural Water System authorized under section 4(a)(2) with a project service area that includes-- (A) Judith Basin, Wheatland, Golden Valley, and Musselshell Counties in the State; (B) the portion of Yellowstone County in the State within 2 miles of State Highway 3 and within 4 miles of the county line between Golden Valley and Yellowstone Counties in the State, inclusive of the Town of Broadview, Montana; and (C) the portion of Fergus County in the State within 2 miles of U.S. Highway 87 and within 4 miles of the county line between Fergus and Judith Basin Counties in the State, inclusive of the Town of Moore, Montana. (6) Non-federal distribution system.--The term ``non- Federal distribution system'' means a non-Federal utility that provides electricity to the counties covered by the Dry- Redwater Regional Water Authority System. (7) Pick-sloan program.--The term ``Pick-Sloan program'' means the Pick-Sloan Missouri River Basin Program (authorized by section 9 of the Act of December 22, 1944 (commonly known as the ``Flood Control Act of 1944'') (58 Stat. 891, chapter 665)). (8) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (9) State.--The term ``State'' means the State of Montana. (10) Water system.--The term ``Water System'' means-- (A) the Dry-Redwater Regional Water Authority System; and (B) the Musselshell-Judith Rural Water System. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM AND MUSSELSHELL- JUDITH RURAL WATER SYSTEM. (a) Authorization.--The Secretary may carry out-- (1) the project entitled the ``Dry-Redwater Regional Water Authority System'' in a manner that is substantially in accordance with the feasibility study entitled ``Dry-Redwater Regional Water System Feasibility Study'' (including revisions of the study), which received funding from the Bureau of Reclamation on September 1, 2010; and (2) the project entitled the ``Musselshell-Judith Rural Water System'' in a manner that is substantially in accordance with the feasibility report entitled ``Musselshell-Judith Rural Water System Feasibility Report'' (including any and all revisions of the report). (b) Cooperative Agreement.--The Secretary shall enter into a cooperative agreement with the Authority to provide Federal assistance for the planning, design, and construction of the Water Systems. (c) Cost-Sharing Requirement.-- (1) Federal share.-- (A) In general.--The Federal share of the costs relating to the planning, design, and construction of the Water Systems shall not exceed-- (i) in the case of the Dry-Redwater Regional Water Authority System-- (I) 75 percent of the total cost of the Dry-Redwater Regional Water Authority System; or (II) such other lesser amount as may be determined by the Secretary, acting through the Commissioner of Reclamation, in a feasibility report; or (ii) in the case of the Musselshell-Judith Rural Water System, 75 percent of the total cost of the Musselshell-Judith Rural Water System. (B) Limitation.--Amounts made available under subparagraph (A) shall not be returnable or reimbursable under the reclamation laws. (2) Use of federal funds.-- (A) General uses.--Subject to subparagraphs (B) and (C), the Water Systems may use Federal funds made available to carry out this section for-- (i) facilities relating to-- (I) water pumping; (II) water treatment; and (III) water storage; (ii) transmission pipelines; (iii) pumping stations; (iv) appurtenant buildings, maintenance equipment, and access roads; (v) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (vi) electrical power transmission and distribution facilities required for the operation and maintenance of the Water System; (vii) any other facility or service required for the development of a rural water distribution system, as determined by the Secretary; and (viii) any property or property right required for the construction or operation of a facility described in this subsection. (B) Additional uses.--In addition to the uses described in subparagraph (A)-- (i) the Dry-Redwater Regional Water Authority System may use Federal funds made available to carry out this section for-- (I) facilities relating to water intake; and (II) distribution, pumping, and storage facilities that-- (aa) serve the needs of citizens who use public water systems; (bb) are in existence on the date of enactment of this Act; and (cc) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (b); and (ii) the Musselshell-Judith Rural Water System may use Federal funds made available to carry out this section for-- (I) facilities relating to-- (aa) water supply wells; and (bb) distribution pipelines; and (II) control systems. (C) Limitation.--Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water Systems. (D) Title.--Title to the Water Systems shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM BY THE DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Finding.--Congress finds that-- (1) McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed; and (2) as a result of the designation, the Counties referred to in paragraph (1) were to receive impact mitigation benefits in accordance with the Pick-Sloan program. (b) Availability of Power.-- (1) In general.--Subject to paragraph (2), the Administrator shall make available to the Dry-Redwater Regional Water Authority System a quantity of power required, of up to 1\1/2\ megawatt capacity, to meet the pumping and incidental operation requirements of the Dry-Redwater Regional Water Authority System during the period beginning on May 1 and ending on October 31 of each year-- (A) from the water intake facilities; and (B) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water by the water supply system to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. (2) Eligibility.--The Dry-Redwater Regional Water Authority System shall be eligible to receive power under paragraph (1) if the Dry-Redwater Regional Water Authority System-- (A) operates on a not-for-profit basis; and (B) is constructed pursuant to a cooperative agreement entered into by the Secretary under section 4(b). (3) Rate.--The Administrator shall establish the cost of the power described in paragraph (1) at the firm power rate. (4) Additional power.-- (A) In general.--If power, in addition to that made available to the Dry-Redwater Regional Water Authority System under paragraph (1), is necessary to meet the pumping requirements of the Dry-Redwater Regional Water Authority, the Administrator may purchase the necessary additional power at the best available rate. (B) Reimbursement.--The cost of purchasing additional power shall be reimbursed to the Administrator by the Dry-Redwater Regional Water Authority. (5) Responsibility for power charges.--The Dry-Redwater Regional Water Authority shall be responsible for the payment of the power charge described in paragraph (4) and non-Federal delivery costs described in paragraph (6). (6) Transmission arrangements.-- (A) In general.--The Dry-Redwater Regional Water Authority System shall be responsible for all non- Federal transmission and distribution system delivery and service arrangements. (B) Upgrades.--The Dry-Redwater Regional Water Authority System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Dry-Redwater Regional Water Authority System. SEC. 6. WATER RIGHTS. Nothing in this Act-- (1) preempts or affects any State water law; or (2) affects any authority of a State, as in effect on the date of enactment of this Act, to manage water resources within that State. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization.--There are authorized to be appropriated such sums as are necessary to carry out the planning, design, and construction of the Water Systems, substantially in accordance with the cost estimate set forth in the applicable feasibility study or feasibility report described in section 4(a). (b) Cost Indexing.-- (1) In general.--The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after the applicable date specified in paragraph (2), as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water Systems. (2) Applicable dates.--The date referred to in paragraph (1) is-- (A) in the case of the Dry-Redwater Regional Water Authority System, January 1, 2008; and (B) in the case of the Musselshell-Judith Rural Water Authority System, November 1, 2014. | Clean Water for Rural Communities Act This bill authorizes the Department of the Interior to carry out the projects entitled: (1) the "Dry-Redwater Regional Water Authority System" in accordance with the Dry-Redwater Regional Water System Feasibility Study, which received funding from the Bureau of Reclamation on September 1, 2010; and (2) the "Musselshell-Judith Rural Water System" in accordance with the Musselshell-Judith Rural Water System Feasibility Report. The bill defines the service areas of such projects in North Dakota and Montana. Interior must enter into a cooperative agreement with the Dry-Redwater Regional Water Authority and the Central Montana Regional Water Authority to provide federal assistance for the planning, design, and construction of such water systems. The bill sets forth the federal share of such costs and the authorized uses of federal funds, which exclude operation, maintenance, or replacement of the water systems. The Western Area Power Administration must make available to the Dry-Redwater System a quantity of power (up to one and a half megawatt capacity) required to meet the system's pumping and incidental operation requirements between May 1 and October 31 of each year: (1) from the water intake facilities; and (2) through all pumping stations, water treatment facilities, reservoirs, storage tanks, and pipelines up to the point of delivery of water to all storage reservoirs and tanks and each entity that distributes water at retail to individual users. The system is eligible to receive such power only if it: (1) operates on a nonprofit basis, and (2) is constructed pursuant to the cooperative agreement with the Dry-Redwater Regional Water Authority. The bill provides for the purchase of additional power. The authority is responsible for: (1) charges for such additional power, (2) the costs of non-federal transmission and distribution system delivery and service arrangements, and (3) funding any upgrades to the transmission system owned by the Western Area Power Administration Basin Electric Power District and the Heartland Consumers Power District required to deliver power to the system. The bill authorizes appropriations and adjustments in authorized amounts in accordance with ordinary fluctuations in development costs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Burton Greene Higher-Risk Impaired Driver Act''. SEC. 2. INCREASED PENALTIES. (a) In General.--Chapter I of title 23, United States Code, is amended by adding at the end the following: ``Sec. 165. Increased penalties for higher risk drivers for driving while intoxicated or driving under the influence ``(a) Definitions.--In this section, the following definitions apply: ``(1) Blood Alcohol concentration.--The term `blood alcohol concentration' means grams of alcohol per 100 milliliters of blood or the equivalent grams of alcohol per 210 liters of breath. ``(2) Driving while intoxicated; driving under the influence.--The terms `driving while intoxicated' and `driving under the influence' mean driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration above the permitted limit as established by each State. ``(3) License suspension.--The term `license suspension' means the suspension of all driving privileges. ``(4) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways but does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(5) Higher-risk impaired driver law.-- ``(A) The term `higher-risk impaired driver law' means a State law that provides, as a minimum penalty, that an individual described in subparagraph (B) shall-- ``(i) receive a driver's license suspension for not less than 1 year, including a complete ban on driving for not less than 90 days and for the remainder of the license suspension period and prior to the issuance of a probational hardship or work permit license, be required to install a certified alcohol ignition interlock device; ``(ii) have the motor vehicle driven at the time of arrest impounded or immobilized for not less than 90 days and for the remainder of the license suspension period require the installation of a certified alcohol ignition interlock device on the vehicle; ``(iii) be subject to an assessment by a certified substance abuse official of the State that assesses the individual's degree of abuse of alcohol and assigned to a treatment program or impaired driving education program as determined by the assessment; ``(iv) be imprisoned for not less than 10 days, have an electronic monitoring device for not less than 100 days, or be assigned to a DUI/DWI specialty facility for not less than 30 days; ``(v) be fined a minimum of $1,000, with the proceeds of such funds to be used by the State or local jurisdiction for impaired driving related prevention, enforcement, and prosecution programs, or for the development or maintenance of a tracking system of offenders driving while impaired; ``(vi) if the arrest resulted from involvement in a crash, the court shall require restitution to the victims of the crash; ``(vii) be placed on probation by the court for a period of not less than 2 years; ``(viii) if diagnosed with a substance abuse problem, during the first year of the probation period referred to in clause (vii), attend a treatment program for a period of 12 consecutive months sponsored by a State certified substance abuse treatment agency and meet with a case manager at least once each month; and ``(ix) be required by the court to attend a victim impact panel, if such a panel is available. ``(B) An individual referred to in subparagraph (A) is an individual who-- ``(i) is convicted of a second or subsequent offense for driving while intoxicated or driving under the influence within a minimum of 5 consecutive years; ``(ii) is convicted of a driving while intoxicated or driving under the influence with a blood alcohol concentration of 0.15 percent or greater; ``(iii) is convicted of a driving-while- suspended offense if the suspension was the result of a conviction for driving under the influence; or ``(iv) refuses a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash. ``(6) Special dui/dwi facility.--The term `special DUI/DWI facility' means a facility that houses and treats offenders arrested for driving while impaired and allows such offenders to work and/or attend school. ``(7) Victim impact panel.--The term `victim impact panel' means a group of impaired driving victims who speak to offenders about impaired driving. The purpose of the panel is to change attitudes and behaviors in order to deter impaired driving recidivism. ``(b) Transfer of Funds.-- ``(1) Fiscal year 2006.--Beginning on October 1, 2006, if a State has not enacted or is not enforcing a higher risk impaired driver law, the Secretary shall transfer an amount equal to 2 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 solely for impaired driving programs. ``(2) Fiscal year 2007.--On October 1, 2007, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall transfer an amount equal to 4 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in paragraph (1). ``(3) Fiscal year 2008.--On October 1, 2008, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall transfer an amount equal to 6 percent of the funds apportioned to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b) to the apportionment of the State under section 402 to be used or directed as described in paragraph (1). ``(4) Derivation of amount to be transferred.--The amount to be transferred under paragraph (1), (2), or (3) may be derived from 1 or more of the following: ``(A) The apportionment of the State under section 104(b)(1). ``(B) The apportionment of the State under section 104(b)(3). ``(C) The apportionment of the State under section 104(b)(4). ``(5) Transfer of obligation authority.-- ``(A) In general.--If the Secretary transfers under this subsection any funds to the apportionment of a State under section 402 for a fiscal year, the Secretary shall transfer an amount, determined under subparagraph (B), of obligation authority distributed for the fiscal year to the State for carrying out impaired driving programs authorized under section 402. ``(B) Amount.--The amount of obligation authority referred to in subparagraph (A) shall be determined by multiplying-- ``(i) the amount of funds transferred under subparagraph (A) to the apportionment of the State under section 402 for the fiscal year; by ``(ii) the ratio that-- ``(I) the amount of obligation authority distributed for the fiscal year to the State for Federal-aid highways and highway safety construction programs; bears to ``(II) the total of the sums apportioned to the State for Federal- aid highways and highway safety construction programs (excluding sums not subject to any obligation limitation) for the fiscal year. ``(7) Limitation on applicability of obligation limitation.--Notwithstanding any other provision of law, no limitation on the total of obligations for highway safety programs under section 402 shall apply to funds transferred under this subsection to the apportionment of a State under such section. ``(c) Withholding of Funds.-- ``(1) Fiscal year 2009.--On October 1, 2008, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 2 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(2) Fiscal year 2010.--On October 1, 2009, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 4 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(3) Fiscal year 2011.--On October 1, 2010, if a State has not enacted or is not enforcing a higher-risk impaired driver law, the Secretary shall withhold 6 percent of the amount required to be apportioned for Federal-aid highways to the State on that date under each of paragraphs (1), (3), and (4) of section 104(b). ``(4) Compliance.--Not later than 4 years after the date that the apportionment for any State is reduced in accordance with this section the Secretary determines that such State has enacted and is enforcing a provision described in section 163(a), the apportionment of such State shall be increased by an amount equal to such reduction. If at the end of such 4-year period, any State has not enacted and is not enforcing a provision described in section 163(a) any amounts so withheld shall be transferred to carry out impaired driving programs authorized under section 402. | Burton Greene Higher-Risk Impaired Driver Act - Requires the Secretary of Transportation, beginning on October 1, 2006, to transfer two percent of a State's Federal-aid highway funds to that State's apportionment solely for impaired driving programs if the State has not enacted or is not enforcing a higher risk impaired driver law.Defines such a law as one that provides certain minimum penalties for: (1) a second or subsequent offense of driving while intoxicated (DWI) or driving under the influence (DUI) within a minimum of five consecutive years, of DWI or DUI with a blood alcohol concentration of .15 percent or greater, or of driving-while-suspended if the suspension was the result of a DUI conviction; or (2) refusing a blood alcohol concentration test while under arrest or investigation for involvement in a fatal or serious injury crash.Includes among such penalties: (1) driver's license suspension; (2) motor vehicle impoundment or immobilization; (3) assessment by a certified substance abuse official and assignment to treatment; (4) imprisonment, attachment of an electronic monitoring device, or assignment to a DUI/DWI specialty facility; (5) a $1,000 fine; (6) required restitution; (7) probation; and (8) required attendance of a treatment program and a victim impact panel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Prosecutor Act''. SEC. 2. ESTABLISHMENT OF TRADE ENFORCEMENT DIVISION AND POSITION OF TRADE ENFORCEMENT OFFICER. (a) Establishment.--Chapter 4 of title I of the Trade Act of 1974 (19 U.S.C. 2171) is amended by adding at the end the following new section: ``SEC. 142. TRADE ENFORCEMENT DIVISION AND TRADE ENFORCEMENT OFFICER. ``(a) Establishment of Trade Enforcement Division.--There is established within the Office of the United States Trade Representative a Trade Enforcement Division (in this section referred to as the `Division'). ``(b) Establishment of Position of Trade Enforcement Officer.-- ``(1) In general.--The Division shall be headed by a Trade Enforcement Officer. ``(2) Appointment and nomination.--The Trade Enforcement Officer shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the Trade Enforcement Officer submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. ``(3) Rank.--The Trade Enforcement Officer shall hold office at the pleasure of the President and shall have the rank of Ambassador. ``(c) Functions of Trade Enforcement Officer.-- ``(1) Principal function.--The principal function of the Trade Enforcement Officer shall be to ensure that United States trading partners comply with trade agreements to which the United States is a party. ``(2) Additional functions.--The Trade Enforcement Officer shall-- ``(A) assist the United States Trade Representative in investigating and prosecuting disputes before the World Trade Organization and pursuant to other trade agreements to which the United States is a party; ``(B) assist the United States Trade Representative in carrying out the United States Trade Representative's functions under section 141(d); ``(C) make recommendations with respect to the administration of United States trade laws relating to foreign government barriers to United States goods, services, and intellectual property, and other trade matters; and ``(D) perform such other functions as the United States Trade Representative may direct. ``(d) Office of Trade Assistance for Small Businesses.-- ``(1) Establishment.--There is established within the Division the Office of Trade Assistance for Small Businesses. ``(2) Functions.--The Office of Trade Assistance for Small Businesses shall provide technical and legal assistance and advice to eligible small businesses to enable such small businesses to prepare and file petitions (other than those that, in the opinion of the Office of Trade Assistance for Small Businesses, are frivolous) under section 302. ``(3) Eligible small business defined.--The term ``eligible small business'' means any business concern that, in the judgment of the Office of Trade Assistance for Small Businesses, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and filing petitions and complaints under section 302. In determining whether a business concern is an ``eligible small business,'' the Office of Trade Assistance for Small Businesses may consult with the Administrator of the Small Business Administration and the heads of other appropriate Federal departments and agencies. ``(e) Study and Report on Nontariff Barriers to Market Access.--Not later than 180 days after the date of the enactment of this section and annually thereafter, the Trade Enforcement Officer shall report to the Committee on Finance of the Senate, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Ways and Means of the House of Representatives on nontariff barriers affecting market access for United States companies in any other country with respect to which the United States has entered into a trade agreement or is negotiating a trade agreement.''. (b) Conforming Amendment.--The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 141 the following: ``Sec. 142. Trade Enforcement Division and Trade Enforcement Officer.''. (c) Compensation for Trade Enforcement Officer.--Section 5314 of title 5, United States Code, is amended by inserting ``Trade Enforcement Officer.'' as a new item after ``Chief Agricultural Negotiator.''. SEC. 3. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES. (a) In General.--Title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.) is amended by adding at the end the following: ``SEC. 311. IDENTIFICATION OF TRADE ENFORCEMENT PRIORITIES. ``(a) Identification and Annual Report.-- ``(1) In general.--Not later than 75 days after the submission of the report required by section 181(b), the Trade Representative shall annually-- ``(A) identify United States trade enforcement priorities; ``(B) identify enforcement actions that the Trade Representative has taken during the previous year and review the impact such enforcement actions have had on foreign trade barriers; ``(C) identify priority foreign country trade practices on which the Trade Representative will focus enforcement efforts; ``(D) submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the priorities, actions, and practices identified in subparagraphs (A), (B), and (C); and ``(E) publish the report required by subparagraph (D) in the Federal Register. ``(2) Factors to consider.--In identifying priority foreign country trade practices under paragraph (1)(C), the Trade Representative shall focus on the practices the elimination of which the Trade Representative determines will have the most potential to increase United States economic growth, either directly or through the establishment of a beneficial precedent. The Trade Representative shall take into account all relevant factors, including-- ``(A) the major barriers and trade distorting practices described in the most recent available report submitted under section 181(b); ``(B) the findings and practices described in the most recent available report required under-- ``(i) section 182; ``(ii) section 1377 of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3106); ``(iii) section 3005 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 5305); ``(iv) section 421 of the U.S.-China Relations Act of 2000 (22 U.S.C. 6951); and ``(v) any other report prepared by the Trade Representative or any other agency relating to international trade and investment; ``(C) the trade agreements to which a foreign country is a party and the compliance of the foreign country with such agreements; ``(D) the medium- and long-term implications of foreign government procurement plans; and ``(E) the international competitive position and export potential of United States products and services. ``(3) Other items in report.--The Trade Representative may include in the report required by paragraph (1)(D) a description of foreign country trade practices that may in the future warrant identification as priority foreign country trade practices. ``(4) Priorities not identified.--If the Trade Representative does not identify a priority foreign country trade practice in the report required by paragraph (1)(D), the Trade Representative shall set out in detail in such report the reasons for failing to do so. ``(b) Consultation.-- ``(1) In general.--Not later than 45 days after the submission of the report required by section 181(b), the Trade Representative shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the priorities, actions, and practices to be identified in the report required by subsection (a)(1)(D). ``(2) Vote of committee.--If, as a result of the consultations described in paragraph (1), either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives requests identification of a priority foreign country trade practice by majority vote, the Trade Representative shall include such identification in the report required by subsection (a)(1)(D). ``(3) Determination not to include priority foreign country trade practices.--The Trade Representative may determine not to include the identification of a priority foreign country trade practice requested under paragraph (2) in the report required by subsection (a)(1)(D) only if-- ``(A) the Trade Representative finds that-- ``(i) such practice is already being addressed-- ``(I) under provisions of United States trade law; ``(II) under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act (19 U.S.C. 3501(7))); ``(III) under any bilateral or regional trade agreement; or ``(IV) as part of trade negotiations with the foreign country or other countries engaging in such practice; and ``(ii) progress is being made toward the elimination of such practice; or ``(B) the Trade Representative finds that identification of such practice as a priority foreign country trade practice would be contrary to the interests of the United States. ``(4) Reasons for determination.--In the case of a determination made pursuant to paragraph (3), the Trade Representative shall set forth in detail the reasons for that determination in the report required by subsection (a)(1)(D). ``(c) Investigation and Resolution.-- ``(1) In general.--Upon submission of the report required by subsection (a)(1)(D), the Trade Representative shall, with respect to any priority foreign country trade practice identified, seek satisfactory resolution with the country or countries engaging in such practice under the auspices of the World Trade Organization, pursuant to a bilateral or regional trade agreement to which the United States is a party, or by any other means. A satisfactory resolution may include elimination of the practice or, if not feasible, providing for compensatory trade benefits. ``(2) Consultations; investigations.--Not later than 120 days after the transmission of the report required by subsection (a)(1)(D), the Trade Representative shall, with respect to any priority foreign country trade practice identified-- ``(A) initiate dispute settlement consultations in the World Trade Organization; ``(B) initiate dispute settlement consultations under the applicable provisions of any bilateral or regional trade agreement to which the United States is a party; ``(C) initiate an investigation under section 302(b); ``(D) seek to negotiate an agreement that provides for the elimination of the priority foreign country trade practice or, if elimination of the practice is not feasible, an agreement that provides for compensatory trade benefits; or ``(E) take any other action necessary to eliminate the priority foreign country trade practice. ``(3) Report.--On the day on which the Trade Representative takes action under subparagraph (E) of paragraph (2), the Trade Representative shall submit to Congress a report-- ``(A) describing the action taken under subparagraph (E) of paragraph (2) and the reasons for taking the action; and ``(B) stating in detail the reasons the Trade Representative did not take action under subparagraphs (A) through (D) of paragraph (2). ``(d) Additional Reporting.--The Trade Representative shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than 6 months after the date of the enactment of this Act and every 6 months thereafter on-- ``(1) the progress being made to realize the trade enforcement priorities identified in subsection (a)(1)(A); and ``(2) the steps being taken to address the priority foreign country trade practices identified in subsection (a)(1)(C).''. (b) Conforming Amendment.--The table of contents of the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following: ``Sec. 311. Identification of trade enforcement priorities.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each fiscal year. | Trade Prosecutor Act - Amends the Trade Act of 1974 to establish in the Office of the U.S. Trade Representative (USTR) a Trade Enforcement Division, headed by a Trade Enforcement Officer, to ensure that U.S. trading partners comply with trade agreements to which the United States is a party. Establishes within the Division the Office of Trade Assistance for Small Businesses. Requires the USTR, after submission of a specified report, to annually identify (and report to Congress on): (1) U.S. trade enforcement priorities; (2) enforcement actions and their impact on foreign trade barriers; and (3) priority foreign country trade practices on which the USTR will focus enforcement efforts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Chronic Wasting Disease Task Force Establishment Act of 2003''. SEC. 2. FINDINGS. The Congress finds the following: (1) Chronic Wasting Disease, the fatal neurological disease found in cervids, is a fundamental threat to the health and vibrancy of deer and elk populations, and the increased occurrence of chronic wasting disease in regionally diverse locations in recent years necessitates an escalation in research, surveillance, monitoring, and public education efforts to contain and manage this lethal disease. (2) The heads of relevant Federal agencies should provide consistent, coherent, and integrated support structures and programs for the benefit of State wildlife and agricultural administrators, as Chronic Wasting Disease can move freely between wild cervids across the broad array of Federal, State, tribal, and local land management jurisdictions. (3) The Secretary of the Interior, the Secretary of Agriculture, and the heads of other affected Federal agencies need to better coordinate the activities of their agencies related to control of Chronic Wasting Disease in wild cervid populations. (b) Purposes.--The purposes of this section are the following: (1) To establish a National Chronic Wasting Disease Task Force to coordinate Federal, State, and tribal activities to address the environmental and economic impacts caused by Chronic Wasting Disease on captive and wild populations of deer and elk. (2) To implement the plan published jointly by the Department of the Interior and the Department of Agriculture entitled ``Plan for Assisting States, Federal Agencies, and Tribes in Managing Chronic Wasting Disease in Wild and Captive Cervids'', dated June 26, 2002. (3) To enhance Federal, State, and tribal research concerning Chronic Wasting Disease, and to promote the development of new diagnostic, surveillance, monitoring, and screening methods and technologies. (4) To increase public awareness concerning Chronic Wasting Disease among the sport hunting community and the public at large through the implementation of a national communications strategy. (c) Establishment of Task Force.--The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following: ``SEC. 10. NATIONAL CHRONIC WASTING DISEASE TASK FORCE. ``(a) Establishment.--There is established the National Chronic Wasting Disease Task Force (in this section referred to as the `Task Force'). ``(b) Duties.--The Task Force shall-- ``(1) coordinate activities to implement the National Plan in cooperation with State, regional, local, tribal, college, and university and non-governmental partners; ``(2) plan and host an annual national public conference to review progress made in implementing the National Plan; and ``(3) develop an annual cross-cutting budget to specify sufficient levels of appropriations necessary to implement the National Plan. ``(c) Membership.-- ``(1) In general.--The membership of the Task Force shall be as follows: ``(A) The Secretary of the Interior or a designee of the Secretary. ``(B) The Secretary of Agriculture or a designee of the Secretary. ``(C) Up to 15 individuals appointed jointly by the Secretary of the Interior and the Secretary of Agriculture from representatives of State agencies, commissions, and boards, regional agencies, tribes, colleges and universities, and non-governmental organizations. ``(D) The chairman and ranking minority members of each of the Committee on Resources and the Committee on Agriculture of the House of Representatives and the Committee on Environment and Public Works and the Committee on Agriculture of the United States Senate. ``(2) Requirements and restrictions.--The members of the Task Force appointed by the co-chairs under paragraph (1)(C)-- ``(A) shall not be officers or employees of the Federal Government; ``(B) shall be representative of the geographic distribution of the disease; and ``(C) shall have outstanding knowledge or expertise of wildlife biology and ecology, veterinary sciences and animal husbandry, wildlife management, diagnostic and testing technology development, communications and media development, or wildlife dependent recreation. ``(3) Deadline.--The Secretaries shall complete appointment of members under paragraph (1)(C) by note later than 90 days after the date of the enactment of this section. ``(4) Vacancies.--Any vacancy in the members appointed under paragraph (1)(C)-- ``(A) shall not affect the power or duty of the Task Force; and ``(B) shall be expeditiously filled in the same manner as the original appointment was made. ``(d) Co-Chairs.--The Secretary of the Interior and the Secretary of Agriculture (or their designees under paragraph (1) (A) and (B)), shall be co-chairs of the Task Force. ``(e) Compensation.--The members of the Task Force shall receive no compensation for their service on the Task Force. ``(f) Travel Expenses.--The members of the Task Force shall be allowed necessary travel expenses in accordance with section 5702 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Task Force. ``(g) Administrative Support.--Upon the request of the Task Force-- ``(1) the co-chairs of the Task Force, acting through their designees, may provide to the Task Force such administrative and technical support as is necessary for the Task Force to carry out its duties under this section, including services relating to budgeting, accounting, financial reporting, personnel, and procurement: and ``(2) the head of any other appropriate Federal agency may provide to the Task Force such advice and assistance, with or without reimbursement, as is appropriate to assist the Task Force in carrying out its duties. ``(h) Annual Report.--Not later than one year after the completion of appointment of the members of the Task Force, and annually thereafter, the Task Force shall submit to the Congress a report-- ``(1) describing the activities and achievements of the Task Force; ``(2) setting forth an annual plan and forecast for activities of the Task Force scheduled for the following year; ``(3) a summary of new developments; and ``(4) a cross-cutting budget to support the activities of the Task Force. ``(i) National Plan Defined.--In this section the term `National Plan' means the plan published jointly by the Department of the Interior and the Department of Agriculture entitled `Plan for Assisting States, Federal Agencies, and Tribes in Managing Chronic Wasting Disease in Wild and Captive Cervids', dated June 26, 2002.''. | Chronic Wasting Disease Task Force Establishment Act of 2003 - Establishes the National Chronic Wasting Disease Task Force to: (1) coordinate activities to implement the National Plan (published jointly by the Departments of the Interior and Agriculture, and entitled "Plan for Assisting States, Federal Agencies, and Tribes in Managing Chronic Wasting Disease in Wild and Captive Cervids," dated June 26, 2002) in cooperation with State, regional, local, tribal, college, and university and non-governmental partners; (2) plan and host an annual national public conference to review progress made in implementing the Plan; and (3) develop an annual cross-cutting budget to specify sufficient levels of appropriations necessary to implement it. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Back to Work Act of 2017''. SEC. 2. EXTENSION AND IMPROVEMENT OF WORK OPPORTUNITY TAX CREDIT FOR VETERANS. (a) Credit Made Permanent for Veterans.--Section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting ``(other than a qualified veteran)'' after ``an individual''. (b) Election To Claim Credit as Exemption From Employment Taxes.-- (1) In general.--Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(g) Special Exemption for Certain Veterans.-- ``(1) In general.--Subsection (a) shall not apply to first- year wages paid after the date of the enactment of this subsection by a qualified employer with respect to employment of any specified veteran for services performed-- ``(A) in a trade or business of such qualified employer, or ``(B) in the case of a qualified employer exempt from tax under section 501(a), in furtherance of the activities related to the purpose or function constituting the basis of the employer's exemption under section 501. ``(2) Limitation.--With respect to any specified veteran employed by a qualified employer, the amount of wages to which paragraph (1) applies shall not exceed-- ``(A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), ``(B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), ``(C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and ``(D) $31,373 in the case of any other qualified veteran. ``(3) Qualified employer.--For purposes of this subsection-- ``(A) In general.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(B) Treatment of employees of post-secondary educational institutions.--Notwithstanding subparagraph (A), the term `qualified employer' includes any employer which is a public institution of higher education (as defined in section 101(b) of the Higher Education Act of 1965). ``(4) Specified veteran.--For purposes of this subsection-- ``(A) In general.--The term `specified veteran' means any individual who-- ``(i) begins employment with a qualified employer after the date of the enactment of this subsection, ``(ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), ``(iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(iv) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(B) Qualified veteran.--The term `qualified veteran' has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. ``(5) First-year wages.--For purposes of this subsection, the term `first-year wages' means, with respect to any individual, wages for services rendered during the 1-year period beginning with the day the individual begins work for the employer. ``(6) Coordination with credit for employment of qualified veterans by qualified tax-exempt organizations.--This subsection shall not apply with respect to the first-year wages of any individual if such wages are taken into account in determining the credit allowed under subsection (e). ``(7) Election.--A qualified employer may elect to have this subsection not apply with respect to the first-year wages of any individual. Such election shall be made in such manner as the Secretary may require.''. (2) Coordination with work opportunity credit.--Section 51(c) of such Code is amended by adding at the end the following new paragraph: ``(6) Coordination with payroll tax exemption for qualified veterans.--The credit determined under this section with respect to any qualified veteran for any taxable year shall be reduced by an amount equal to 7.65 percent of the qualified first-year wages paid or incurred by the taxpayer to such veteran during such taxable year to which section 3111(g) or 3221(d) applied.''. (3) Coordination with credit for employment of qualified veterans by qualified tax-exempt organizations.--Section 3111(e) of such Code is amended by adding at the end the following new paragraph: ``(6) Election.-- ``(A) In general.--A qualified tax-exempt organization may elect to determine the credit allowed under this section without regard to the qualified first-year wages of any individual. ``(B) Coordination with exemption for first-year wages of specified veterans.--For exemption for first- year wages of specified veterans to which this subsection does not apply, see subsection (f).''. (4) Transfers to federal old-age and survivors insurance trust fund.--There are hereby appropriated to the Federal Old- Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (5) Application to railroad retirement taxes.-- (A) In general.--Section 3221 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection: ``(d) Special Exemption for Certain Veterans.-- ``(1) In general.--In the case of first-year compensation paid by a qualified employer after the date of the enactment of this subsection with respect to having a specified veteran in the employer's employ for services rendered to such qualified employer, the applicable percentage under subsection (a) shall be equal to the rate of tax in effect under section 3111(b) for the calendar year. ``(2) Limitation.--With respect to any specified veteran employed by a qualified employer, the amount of compensation to which paragraph (1) applies shall not exceed-- ``(A) $125,490 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(II), ``(B) $73,203 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(iv), ``(C) $62,745 in the case of an individual who is a qualified veteran by reason of section 51(d)(3)(A)(ii)(I), and ``(D) $31,373 in the case of any other qualified veteran. ``(3) Qualified employer.--The term `qualified employer' means any employer other than the United States, any State, or any political subdivision thereof, or any instrumentality of the foregoing. ``(4) Specified veteran.--For purposes of this subsection-- ``(A) In general.--The term `specified veteran' means any individual who-- ``(i) begins employment with a qualified employer after the date of the enactment of this subsection, ``(ii) certifies by signed affidavit, under penalties of perjury, that such individual is a qualified veteran and whether such individual is a qualified veteran described in subparagraph (A), (B), or (C) of paragraph (2), ``(iii) is not employed by the qualified employer to replace another employee of such employer unless such other employee separated from employment voluntarily or for cause, and ``(iv) is not an individual described in section 51(i)(1) (applied by substituting `qualified employer' for `taxpayer' each place it appears). ``(B) Qualified veteran.--The term `qualified veteran' has the meaning given such term by section 51(d)(3), but applied without regard to whether such individual has been certified by the designated local agency. ``(5) First-year compensation.--For purposes of this subsection, the term `first-year compensation' means, with respect to any individual, compensation for services rendered during the 1-year period beginning with the day the individual begins work for the employer. ``(6) Election.--A qualified employer may elect to have this subsection not apply. Such election shall be made in such manner as the Secretary may require.''. (B) Transfers to social security equivalent benefit account.--There are hereby appropriated to the Social Security Equivalent Benefit Account established under section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by subparagraph (A). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Account had such amendments not been enacted. (c) Effective Dates.-- (1) In general.--The amendments made by subsection (a) shall apply to individuals who begin work for the employer after December 31, 2016. (2) Exemption from employment taxes.--The amendments made by subsection (b) shall apply to amounts paid after the date of the enactment of this Act. | Veterans Back to Work Act of 2017 This bill amends the Internal Revenue Code to: (1) make permanent the work opportunity tax credit for hiring qualified veterans (veterans receiving compensation for a service-connected disability and other federal assistance), and (2) allow employers who hire qualified veterans to elect to claim the tax credit as an exemption from employment and railroad retirement taxes for such veterans' first-year wages, subject to specified limitations. The bill appropriates amounts to the Social Security trust funds and the Social Security Equivalent Benefit Account to cover any revenue loss to such funds resulting from this bill. |
SECTION 1. REVISIONS OF IRAN-IRAQ ARMS NON-PROLIFERATION ACT OF 1992. (a) Clarification of Policy.--Section 1602(a) of the Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI of Public Law 102-484; 50 U.S.C. 1701 note) is amended by striking out ``chemical, biological, nuclear,'' and inserting in lieu thereof ``weapons of mass destruction''. (b) Sanctions Against Iran.--Section 1603 of such Act is amended by striking out ``paragraphs (1) through (4)'' and inserting in lieu thereof ``paragraphs (1) through (8)''. (c) Sanctions Against Certain Persons.-- (1) Activities proscribed.--Subsection (a) of section 1604 of such Act is amended by inserting ``to acquire weapons of mass destruction, or the means of their delivery, or'' before ``to acquire''. (2) Additional sanctions.--Subsection (b) of such section 1604 is amended-- (A) in paragraph (1), ``, and shall provide for the expeditious termination of any current contract for goods or services,'' after ``goods or services''; (B) in paragraph (2), by inserting ``, and shall revoke any license issued,'' after ``shall not issue''; and (C) by adding at the end the following new paragraphs: ``(3) Migration sanction.-- ``(A) Individuals.--The sanctioned person shall be ineligible to receive a visa for entry into the United States and shall be excluded from admission into the United States. ``(B) Corporations.--In the case of a sanctioned person that is a corporation, partnership, or other form of association, the officers, directors, employees, and agents of the corporation, partnership, or association shall be ineligible to receive a visa for entry into the United States and shall be excluded from admission into the United States. ``(4) Financial institutions.--The President shall by order prohibit any depository institution that is chartered by, or that has its principal place of business within, a State, the District of Columbia, or the United States from making any loan or providing any credit to the sanctioned person, except for loans or credits for the purpose of purchasing food or other agricultural commodities. ``(5) Transiting united states territory.--(A) Notwithstanding any other provision of law (other than a treaty or other international agreement), no sanctioned person, no item which is the product or manufacture of the sanctioned person, and no technology developed by the sanctioned person may transit any territory subject to the jurisdiction of the United States. ``(B) The Secretary of Transportation may provide for such exceptions from this paragraph as the Secretary considers necessary to provide for emergencies in which the safety of an aircraft or a vessel, or its crew or passengers, is threatened.''. (3) Exceptions.--Such section 1604 is further amended by adding at the end the following new subsection: ``(c) Exceptions.--The sanction described in subsection (b)(1) shall not apply in the case of procurement of defense articles or defense services-- ``(1) under existing contracts or subcontracts, including the exercise of options for production quantities to satisfy operational military requirements essential to the national security of the United States; ``(2) if the President determines that the person or other entity to which the sanctions would otherwise be applied is a sole source supplier of the defense articles or services, that the defense articles or services are essential, and that alternative sources are not readily or reasonably available; or ``(3) if the President determines that such articles or services are essential to the national security under defense coproduction agreements.''. (d) Sanctions Against Foreign Countries.-- (1) Proscribed activities.--Subsection (a) of section 1605 of such Act is amended by inserting ``to acquire weapons of mass destruction, or the means of their delivery, or'' before ``to acquire''. (2) Mandatory sanctions.--Subsection (b) of such section 1605 is amended by adding at the end the following new paragraph: ``(6) Additional sanctions.--The sanctions against Iraq specified in paragraphs (1), (3), (4), (6), and (7) of section 586G(a) of the Iraq Sanctions Act of 1990 (50 U.S.C. 1701 note) shall be applied to the same extent and in the same manner with respect to a sanctioned country.''. (3) Discretionary sanctions.--Such section 1605 is further amended-- (A) in subsection (a)(2), by striking out ``the sanction'' and inserting in lieu thereof ``the sanctions''; and (B) by striking out subsection (c) and inserting in lieu thereof the following new subsection (c): ``(c) Discretionary Sanctions.--The sanctions referred to in subsection (a)(2) are as follows: ``(1) Use of authorities of international emergency economic powers act.-- ``(A) In general.--Except as provided in subparagraph (B), the President may exercise, in accordance with the provisions of that Act, the authorities of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to the sanctioned country. ``(B) Exception.--Subparagraph (A) does not apply with respect to urgent humanitarian assistance. ``(2) Prohibition on vessels that enter ports of sanctioned countries to engage in trade.-- ``(A) In general.--Beginning on the 10th day after a sanction is imposed under this title against a country, a vessel which enters a port or place in the sanctioned country to engage in the trade of goods or services may not, if the President so requires, within 180 days after departure from such port or place in the sanctioned country, load or unload any freight at any place in the United States. ``(B) Definition.--As used in this paragraph, the term `vessel' includes every description of water craft or other contrivance used, or capable of being used, as a means of transportation in water, but does not include aircraft. ``(3) Presidential action regarding aviation.--(A)(i) The President may notify the government of the sanctioned country of his intention to suspend the authority of foreign air carriers owned or controlled by the government of that country to engage in foreign air transportation to or from the United States. ``(ii) The President may direct the Secretary of Transportation to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by that government to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services. ``(B)(i) The President may direct the Secretary of State to terminate any air service agreement between the United States and the sanctioned country in accordance with the provisions of that agreement. ``(ii) Upon termination of an agreement under this subparagraph, the Secretary of Transportation shall take such steps as may be necessary to revoke at the earliest possible date the right of any foreign air carrier owned, or controlled, directly or indirectly, by the government of that country to engage in foreign air transportation to or from the United States. ``(C) The President shall direct the Secretary of Transportation to provide for such exceptions from this paragraph as the President considers necessary to provide for emergencies in which the safety of an aircraft or its crew or passengers is threatened. ``(D) For purposes of this paragraph, the terms `air carrier', `air transportation', `aircraft', and `foreign air carrier' have the meanings given such terms in paragraphs (2), (5), (6), and (21) of section 40102 of title 49, United States Code, respectively.''. (4) Additional sanction.--Such section 1605 is further amended by adding at the end the following new subsection: ``(d) Sanction for Assisting Iran in Improving Rocket or Other Weapons Capability.--The sanction set forth in section 586I(a) of the Iraq Sanctions Act of 1990 (50 U.S.C. 1701 note) against governments that assist Iraq in improving its rocket technology or weapons of mass destruction capability shall be applied to the same extent and in the same manner with respect to governments that so assist Iran.''. (e) Termination of Sanctions Against Certain Persons.--Such Act is further amended-- (1) in section 1604(b)-- (A) by striking out ``The sanctions'' in the matter preceding paragraph (1) and inserting in lieu thereof ``Subject to section 1606A, the sanctions''; and (B) by striking out ``For a period of two years, the United States'' in paragraphs (1) and (2) and inserting in lieu thereof ``The United States''; (2) in section 1605-- (A) by striking out ``If'' in subsection (a) and inserting in lieu thereof ``Subject to section 1606A, if''; and (B) in subsection (b)-- (i) by striking out ``, for a period of one year,'' in paragraphs (1), (3), and (4); (ii) by striking out ``for a period of one year,'' in paragraph (2); (iii) by striking out ``during that period'' in paragraph (4); and (iv) by striking out ``for a period of one year'' in paragraph (5); and (3) by inserting after section 1606 the following new section: ``SEC. 1606A. TERMINATION OF SANCTIONS. ``Except as otherwise provided in this title, the sanctions imposed pursuant to section 1604(a) or 1605(a) shall cease to apply to a sanctioned person or government 30 days after the President certifies to the Congress that reliable information indicates that the sanctioned person or government, as the case may be, has ceased to violate this title.''. (f) Rules and Regulations.--Such Act is further amended by adding after section 1607 the following new section: ``SEC. 1607A. RULES AND REGULATIONS. ``The President may prescribe such rules and regulations as the President requires to carry out this title.''. (g) Definitions.--Section 1608 of such Act is amended-- (1) in paragraph (1)-- (A) by inserting ``naval vessels with offensive capabilities,'' after ``advanced military aircraft,'' in subparagraph (A); and (B) by striking out ``or enhance offensive capabilities in destabilizing ways'' each place it appears and inserting in lieu thereof ``, enhance offensive capabilities in destabilizing ways, or threaten international shipping''; and (2) by striking out paragraph (7) and inserting in lieu thereof the following new paragraphs: ``(7) The term `United States assistance' means any assistance under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), other than urgent humanitarian assistance or medicine. ``(8) The term `goods or technology' includes any item of the type that is listed on the Nuclear Referral List under section 309(c) of the Nuclear Non-Proliferation Act of 1978, the United States Munitions List (established in section 38 of the Arms Export Control Act), or the MTCR Annex (as defined in section 74(4) of the Arms Export Control Act) or any item that is subject to licensing by the Nuclear Regulatory Commission. ``(9) The term `United States' includes territories and possessions of the United States and the customs waters of the United States, as defined in section 401 of the Tariff Act of 1930 (19 U.S.C. 1401). ``(10) The term `weapons of mass destruction' includes nuclear, chemical, and biological weapons.''. (h) Conforming Amendments.--Such Act is further amended-- (1) in section 1606, by striking out ``the Committees on Armed Services and Foreign Affairs of the House of Representatives'' and inserting in lieu thereof ``the Committees on National Security and International Relations of the House of Representatives ''; and (2) in section 1607, by striking out ``the Committees on Armed Services and Foreign Affairs of the House of Representatives'' each place it appears in subsections (a) and (b) and inserting in lieu thereof ``the Committees on National Security and International Relations of the House of Representatives''. SEC. 2. REVISIONS OF FOREIGN ASSISTANCE ACT OF 1961. Section 498A(b)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a(b)(3)) is amended by inserting ``and notwithstanding the compliance of such state with international agreements relating to weapons of mass destruction,'' before ``knowingly transferred'' in the matter preceding subparagraph (A). SEC. 3. REVISION OF IRAQ SANCTIONS ACT OF 1990. Section 586I(a) of the Iraq Sanctions Act of 1990 (50 U.S.C. 1701 note) is amended by striking out ``or chemical, biological, or nuclear weapons capability'' and inserting in lieu thereof ``its chemical, biological, or nuclear weapons capability, or its acquisition of destabilizing numbers and types of advanced conventional weapons''. | Amends the Iran-Iraq Arms Non-Proliferation Act of 1992 (the Act) to expand sanctions against Iran to include: (1) U.S. opposition to assistance to Iran from international financial institutions; (2) Export-Import Bank assistance; and (3) foreign assistance under the Foreign Assistance Act of 1961, except for humanitarian assistance. (Such sanctions already apply to Iraq.) Provides for mandatory sanctions against persons or foreign countries that knowingly and materially contribute to efforts by Iran and Iraq to acquire weapons of mass destruction or the means of their delivery. Expands mandatory sanctions against persons who assist in such efforts to include the termination of any current contracts for goods or services and the revocation of existing export licenses. Makes sanctioned persons ineligible to receive visas for entry into the United States and excludes such persons from admission into the United States. Requires the President to prohibit depository institutions that are chartered by or have their principal place of business within the United States from making loans or providing credit to sanctioned persons, except those for purposes of purchasing food or agricultural commodities. Prohibits sanctioned persons, items which are the product or manufacture of such persons, or technology developed by such persons from transiting territory subject to U.S. jurisdiction. Provides for exceptions from sanctions with respect to the procurement of certain defense articles and services. Provides for the imposition of certain sanctions under the Iraq Sanctions Act of 1990 against countries sanctioned under this Act. Expands discretionary sanctions against sanctioned countries to include certain sanctions against vessels that engage in trade in sanctioned countries and the suspension of air flights to or from the United States. Denies funds for the approval of licenses for the export of supercomputers to countries that assist Iran in improving its rocket technology or weapons of mass destruction capability. (Such sanctions already apply to countries that so assist Iraq.) Removes termination dates for sanctions and makes sanctions inapplicable 30 days after the President certifies to the Congress that the sanctioned person or government has ceased to violate the Act. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``American Infrastructure Investment Act of 2010''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Extension of Build America Bonds. Sec. 3. Exempt-facility bonds for sewage and water supply facilities. Sec. 4. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds. Sec. 5. Extension and additional allocations of recovery zone bond authority. Sec. 6. Allowance of new markets tax credit against alternative minimum tax. Sec. 7. Extension of tax-exempt eligibility for loans guaranteed by Federal home loan banks. Sec. 8. Extension of temporary small issuer rules for allocation of tax-exempt interest expense by financial institutions. SEC. 2. EXTENSION OF BUILD AMERICA BONDS. (a) In General.--Subparagraph (B) of section 54AA(d)(1) is amended by striking ``January 1, 2011'' and inserting ``January 1, 2013''. (b) Extension of Payments to Issuers.-- (1) In general.--Section 6431 is amended-- (A) by striking ``January 1, 2011'' in subsection (a) and inserting ``January 1, 2013''; and (B) by striking ``January 1, 2011'' in subsection (f)(1)(B) and inserting ``a particular date''. (2) Conforming amendments.--Subsection (g) of section 54AA is amended-- (A) by striking ``January 1, 2011'' and inserting ``January 1, 2013''; and (B) by striking ``Qualified Bonds Issued Before 2011'' in the heading and inserting ``Certain Qualified Bonds''. (c) Reduction in Percentage of Payments to Issuers.--Subsection (b) of section 6431 is amended-- (1) by striking ``The Secretary'' and inserting the following: ``(1) In general.--The Secretary''; (2) by striking ``35 percent'' and inserting ``the applicable percentage''; and (3) by adding at the end the following new paragraph: ``(2) Applicable percentage.--For purposes of this subsection, the term `applicable percentage' means the percentage determined in accordance with the following table: ---------------------------------------------------------------------------------------------------------------- ``In the case of a qualified bond issued during calendar year: The applicable percentage is: ---------------------------------------------------------------------------------------------------------------- 2009 or 2010............................................... 35 percent 2011....................................................... 32 percent 2012....................................................... 30 percent.''. ---------------------------------------------------------------------------------------------------------------- (d) Current Refundings Permitted.--Subsection (g) of section 54AA is amended by adding at the end the following new paragraph: ``(3) Treatment of current refunding bonds.-- ``(A) In general.--For purposes of this subsection, the term `qualified bond' includes any bond (or series of bonds) issued to refund a qualified bond if-- ``(i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, ``(ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and ``(iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. ``(B) Applicable percentage.--In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. ``(C) Determination of average maturity.--For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A).''. (e) Clarification Related to Levees and Flood Control Projects.-- Subparagraph (A) of section 54AA(g)(2) is amended by inserting ``(including capital expenditures for levees and other flood control projects)'' after ``capital expenditures''. SEC. 3. EXEMPT-FACILITY BONDS FOR SEWAGE AND WATER SUPPLY FACILITIES. (a) Bonds for Water and Sewage Facilities Exempt From Volume Cap on Private Activity Bonds.-- (1) In general.--Paragraph (3) of section 146(g) is amended by inserting ``(4), (5),'' after ``(2),''. (2) Conforming amendment.--Paragraphs (2) and (3)(B) of section 146(k) are both amended by striking ``(4), (5), (6),'' and inserting ``(6)''. (b) Tax-Exempt Issuance by Indian Tribal Governments.-- (1) In general.--Subsection (c) of section 7871 is amended by adding at the end the following new paragraph: ``(4) Exception for bonds for water and sewage facilities.--Paragraph (2) shall not apply to an exempt facility bond 95 percent or more of the net proceeds (as defined in section 150(a)(3)) of which are to be used to provide facilities described in paragraph (4) or (5) of section 142(a).''. (2) Conforming amendment.--Paragraph (2) of section 7871(c) is amended by striking ``paragraph (3)'' and inserting ``paragraphs (3) and (4)''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act. SEC. 4. EXTENSION OF EXEMPTION FROM ALTERNATIVE MINIMUM TAX TREATMENT FOR CERTAIN TAX-EXEMPT BONDS. (a) In General.--Clause (vi) of section 57(a)(5)(C) is amended-- (1) by striking ``January 1, 2011'' in subclause (I) and inserting ``January 1, 2012''; and (2) by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (b) Adjusted Current Earnings.--Clause (iv) of section 56(g)(4)(B) is amended-- (1) by striking ``January 1, 2011'' in subclause (I) and inserting ``January 1, 2012''; and (2) by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. SEC. 5. EXTENSION AND ADDITIONAL ALLOCATIONS OF RECOVERY ZONE BOND AUTHORITY. (a) Extension of Recovery Zone Bond Authority.--Section 1400U- 2(b)(1) and section 1400U-3(b)(1)(B) are each amended by striking ``January 1, 2011'' and inserting ``January 1, 2012''. (b) Additional Allocations of Recovery Zone Bond Authority Based on Unemployment.--Section 1400U-1 is amended by adding at the end the following new subsection: ``(c) Allocation of 2010 Recovery Zone Bond Limitations Based on Unemployment.-- ``(1) In general.--The Secretary shall allocate the 2010 national recovery zone economic development bond limitation and the 2010 national recovery zone facility bond limitation among the States in the proportion that each such State's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all of the States. ``(2) Minimum allocation.--The Secretary shall adjust the allocations under paragraph (1) for each State to the extent necessary to ensure that no State (prior to any reduction under paragraph (3)) receives less than 0.9 percent of the 2010 national recovery zone economic development bond limitation and 0.9 percent of the 2010 national recovery zone facility bond limitation. ``(3) Allocations by states.-- ``(A) In general.--Each State with respect to which an allocation is made under paragraph (1) shall reallocate such allocation among the counties and large municipalities (as defined in subsection (a)(3)(B)) in such State in the proportion that each such county's or municipality's 2009 unemployment number bears to the aggregate of the 2009 unemployment numbers for all the counties and large municipalities (as so defined) in such State. ``(B) 2010 allocation reduced by amount of previous allocation.--Each State shall reduce (but not below zero)-- ``(i) the amount of the 2010 national recovery zone economic development bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone economic development bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof), and ``(ii) the amount of the 2010 national recovery zone facility bond limitation allocated to each county or large municipality (as so defined) in such State by the amount of the national recovery zone facility bond limitation allocated to such county or large municipality under subsection (a)(3)(A) (determined without regard to any waiver thereof). ``(C) Waiver of suballocations.--A county or municipality may waive any portion of an allocation made under this paragraph. A county or municipality shall be treated as having waived any portion of an allocation made under this paragraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State. ``(D) Special rule for a municipality in a county.--In the case of any large municipality any portion of which is in a county, such portion shall be treated as part of such municipality and not part of such county. ``(4) 2009 unemployment number.--For purposes of this subsection, the term `2009 unemployment number' means, with respect to any State, county or municipality, the number of individuals in such State, county, or municipality who were determined to be unemployed by the Bureau of Labor Statistics for December 2009. ``(5) 2010 national limitations.-- ``(A) Recovery zone economic development bonds.-- The 2010 national recovery zone economic development bond limitation is $10,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-2 in the same manner as an allocation of national recovery zone economic development bond limitation. ``(B) Recovery zone facility bonds.--The 2010 national recovery zone facility bond limitation is $15,000,000,000. Any allocation of such limitation under this subsection shall be treated for purposes of section 1400U-3 in the same manner as an allocation of national recovery zone facility bond limitation.''. (c) Authority of State To Waive Certain 2009 Allocations.-- Subparagraph (A) of section 1400U-1(a)(3) is amended by adding at the end the following: ``A county or municipality shall be treated as having waived any portion of an allocation made under this subparagraph which has not been allocated to a bond issued before May 1, 2011. Any allocation waived (or treated as waived) under this subparagraph may be used or reallocated by the State.''. SEC. 6. ALLOWANCE OF NEW MARKETS TAX CREDIT AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subparagraph (B) of section 38(c)(4) is amended by redesignating clauses (v) through (ix) as clauses (vi) through (x), respectively, and by inserting after clause (iv) the following new clause: ``(v) the credit determined under section 45D, but only with respect to credits determined with respect to qualified equity investments (as defined in section 45D(b)) initially made before January 1, 2012,''. (b) Effective Date.--The amendments made by this section shall apply to credits determined with respect to qualified equity investments (as defined in section 45D(b) of the Internal Revenue Code of 1986) initially made after March 15, 2010. SEC. 7. EXTENSION OF TAX-EXEMPT ELIGIBILITY FOR LOANS GUARANTEED BY FEDERAL HOME LOAN BANKS. Clause (iv) of section 149(b)(3)(A) is amended by striking ``December 31, 2010'' and inserting ``December 31, 2011''. SEC. 8. EXTENSION OF TEMPORARY SMALL ISSUER RULES FOR ALLOCATION OF TAX-EXEMPT INTEREST EXPENSE BY FINANCIAL INSTITUTIONS. (a) In General.--Clauses (i), (ii), and (iii) of section 265(b)(3)(G) are each amended by striking ``or 2010'' and inserting ``, 2010, or 2011''. (b) Conforming Amendment.--Subparagraph (G) of section 265(b)(3) is amended by striking ``and 2010'' in the heading and inserting ``, 2010, and 2011''. (c) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2010. | American Infrastructure Investment Act of 2010 - Amends the Internal Revenue Code to extend until January 1, 2013, the period for issuing Build America Bonds and for credits allowable to issuers of such bonds. Allows funding through such bonds for capital expenditures for levees and flood control projects. Exempts private activity bonds for sewage and water supply facilities from the state volume caps applicable to such bonds. Allows Indian tribal governments to issue tax-exempt private activity bonds to provide water or sewage facilities. Extends through 2011 the exemption from alternative minimum tax (AMT) treatment of interest on certain tax-exempt bonds. Extends through 2011 the period for issuing recovery zone economic development bonds and recovery zone facility bonds. Requires the Secretary of the Treasury to allocate 2010 national limitations on recovery bonds based upon state unemployment statistics. Allows a full offset against the AMT for new market tax credit amounts. Extends through 2011: (1) the tax exemption allowed for interest on bonds guaranteed by a federal home loan bank; and (2) small issuer rules for the allocation of tax-exempt interest expense by financial institutions. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Medical Cost Containment Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. Section 125A is added to the Code to read as follows: ``SEC. 125A. MEDICAL CARE SAVINGS BENEFITS. ``(a) In General.--A medical care savings benefit is a qualified benefit which consists of a Health Plan meeting the requirements of this section that includes, as part thereof, a Medical Care Savings Account, as set forth in section 408A. ``(b) Establishment of Medical Care Savings Benefit.--A medical care savings benefit shall be established as a Health Plan which provides that all or part of the premium differential realized by instituting a Qualified Higher Deductible Health Plan is credited to a participating employee during a plan year to pay for medical care described in section 213(d) subject to the limitations set forth in subsection (e) hereof. To the extent that any amount remains credited to that participant at the end of each plan year, such amount shall be deposited to a section 408(A) medical care savings account (which may also be referred to as a `Medical IRA') for that participant. ``(c) Payments from Account Balance.--If the plan provides for level installment payments, the plan may also provide that the maximum amount of reimbursement at a particular time during the period of coverage may be limited to the amount of actual contributions to the participant's benefit account. A participant may be advanced, interest free, such amounts necessary to cover incurred medical expenses which exceed the amount then credited to the participant's benefit account, upon the participant's agreement to repay such advancement from future installments or upon ceasing to be a participant. ``(d) Reporting.--Employers shall cause to be issued to participating employees, not less frequently than quarterly, a statement setting forth amounts remaining in their accounts. ``(e) Limitations on Medical Care Savings Benefits.--For purposes of this section-- ``(1) In general.--In the case of an Employer who has a Health Plan in existence immediately prior to the adoption of the Medical Care Savings Benefit, the maximum amount that may be contributed annually to a participant's benefit account shall be equal to-- ``(A) the cost of that Health Plan for that participant's type of coverage; plus ``(B) a cost of living adjustment for the calendar year in which the plan year begins, determined under section 1(f)(3) of the Code as adjusted annually based on the CPI-Medical cost of living component. ``(2) Other employers.--In the case of an Employer to whom paragraph (1) does not apply, the contribution limit shall be equal to the 67th percentile of the per employee health plan expenditures (for the calendar year for which such plan begins) for the type of coverage applicable to such employee based on a broad representative survey using methodology the same as or similar to that used by States to develop an average market premium for small group guarantee access legislation. Such study may be no broader than each State and may be broken down into representative surveys for areas within a State. The amount of such contribution shall be adjusted annually in accordance with the cost of living adjustment provided for in subsection (1)(b) of this section. ``(3) Overall limitation.--In no event may any contribution described above exceed the deductible amount of the Qualified Higher Deductible Plan. ``(f) Health Plan.--The term `Health Plan' means an employee welfare benefit plan providing medical care (as defined in section 213(d) of the Internal Revenue Code of 1954) to participants or beneficiaries directly or through insurance, reimbursement, or otherwise. ``(g) Qualified Higher Deductible Plan.--The term `Qualified Higher Deductible Plan' is a Health Plan which provides for payment of covered benefits in excess of the higher deductible, which higher deductible shall not exceed $5,000 in 1993 and, adjusted annually thereafter for increases in the cost of living in accordance with regulations prescribed by the Secretary. ``(h) Coordination With Health Flexible Spending Accounts.--If, during a Plan Year, a participating employee has a Medical Care Savings Benefit in effect and a health flexible spending account established under section 125, coverage under the health flexible spending account, for the type of medical expenses that may be reimbursed under the Medical Care Savings Benefit, would be limited to 100 percent of the deductible under the Qualified Higher Deductible Plan, less the amount credited in the current year to the Employee's Medical Care Savings Benefit Account. For purposes of section 125, a Medical Care Savings Benefit is not considered to involve the deferral of compensation for purposes of the Code. ``(i) Separate Determinations for Categories of Employees and Separate Lines of Business.--Contributions to Health Plans established by an Employer may be separately determined on the basis of: ``(1) Types of coverage. ``(2) Reasonable classifications of employees based on such classifications as hours of work per week, retirement status, coverage by a collective bargaining agreement. ``(3) Employees within separate lines of business, within the meaning of section 414(r). ``(j) Other Definitions for Purposes of this Section.-- ``(1) Employee.--The term `employee' means any individual employed by an Employer, including-- ``(A) an individual who is employee within the meaning of section 401(c)(1); and ``(B) former employees. ``(2) Types of coverage.--The types of coverage are-- ``(A) self-only coverage; and ``(B) coverage other than self-only coverage. ``(k) Preventative Health Care.--By allowing medical expenses payable from a medical care savings benefit to be those permitted under section 213(d) of the Internal Revenue Code, participating employees are encouraged to use this benefit to promote good health, to use preventative medical and health procedures, and to seek appropriate consultative and second opinions. ``(l) Nonduplication of Benefits.--Policies issued as a part of a medical care savings benefit shall not be required to duplicate expenses that may be proper expenses covered by the medical care savings benefit. Additionally, the Qualified Higher Deductible Plan may provide that the deductible specified in the insurance policy may be increased by the amount of any benefits payable by any other health benefits program or plan.''. SEC. 3. MEDICAL CARE SAVINGS ACCOUNT. (a) In General.--Chapter 1 (relating to normal taxes and surcharge) is amended by adding after section 408 the following new section: ``SEC. 408A. MEDICAL CARE SAVINGS ACCOUNTS. ``(a) Medical Care Savings Accounts.--For purposes of this section, the term `medical care savings account' (which may also be referred to as a `Medical IRA') means a trust created or organized in the United States for the exclusive benefit of an individual, the individual's dependents (as defined in section 152) or beneficiaries, but only if the written instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in subsection (d)), insurance company (as defined in section 816), or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The interest of an individual in the balance of the account is nonforfeitable. ``(5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(b) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--Any medical care savings account is exempt from taxation under this subtitle unless such account has ceased to be a medical care savings account by reason of paragraph (2) or (3): Provided, however, That earnings on such account shall be taxable. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where employee engages in prohibited transaction.-- ``(A) In general.--If, during any taxable year of the individual for whose benefit any medical care savings account is established, that individual, dependent, or his beneficiary engages in any transaction prohibited by section 4975 with respect to such account, such account ceases to be a medical care savings account as of the first day of such taxable year. For purposes of this paragraph the individual for whose benefit any account was established is treated as the creator of such account. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a medical savings account by reason of subparagraph (A) as of the first day of any taxable year, section 511 shall apply as if there were a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year of the individual for whose benefit a medical care savings account is established, that individual uses the account or any portion thereof as security for a loan, the portion so used is treated as distributed to that individual. ``(4) Commingling medical care savings account amounts in certain common trust funds and common investment funds.--Any common trust fund or common investment fund of individual medical care savings account assets which is exempt from taxation under this subtitle does not cease to be exempt on account of the participation or inclusion of assets of a trust exempt from taxation under section 501(a) which is described in section 401(a). ``(c) Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a medical savings account shall be included in gross income by the distributee. ``(2) Distributions for medical expenses.--Distributions from a medical care savings account shall not be taxable to the distributee, for amounts paid directly or indirectly for medical expenses as defined in section 213(d). ``(3) 10 percent additional tax for early withdrawals.-- Distributions described in paragraph 1 and not described in paragraph 2 shall be subject to an additional 10 percent tax for distributions made prior to age 59\1/2\ of the distributee. ``(4) Rollover contribution.--An amount is described in this paragraph as a rollover contribution which shall not be included in the gross income of the distributee if it meets the requirements of subparagraphs (A) and (B). ``(A) In general.--Paragraph (1) does not apply to any amount paid or distributed out of a medical care savings account to the individual for whose benefit the account is maintained if the entire amount received is paid into a medical care savings account for the benefit of such individual not later than the sixtieth day after the day on which he receives the payment or distribution. ``(B) Limitation.--This paragraph does not apply to any amount described in paragraph (A) received by an individual from a medical savings account if at any time during the one-year period ending on the day of such receipt such individual received any other amount described in that subparagraph from a medical care savings account which was not includible in his gross income because of the application of this paragraph. ``(C) Denial of rollover treatment for inherited accounts, etc.-- ``(i) In general.--In the case of an inherited medical savings account-- ``(I) this paragraph shall not apply to any amount received by an individual from such an account (and no amount transferred from such account to another medical care savings account shall be excluded from gross income by reason of such transfer), and ``(II) such inherited account shall not be treated as a medical care savings account for purposes of determining whether any other amount is a rollover contribution. ``(ii) Inherited medical care savings account.-- ``(I) the individual for whose benefit the account is maintained acquired such account by reason of the death of another individual, and ``(II) such individual was not the surviving spouse of such other individual. ``(d) Bank.--For purposes of subsection (a)(2), the term `bank' means-- ``(1) a bank (as defined in section 581), ``(2) an insured credit union (within the meaning of section 101(6) of the Federal Credit Union Act), and ``(3) a corporation which, under the laws of the State of its incorporation, is subject to supervision and examination by the Commissioner of Banking or other officer of such State in charge of the administration of the banking laws of such State.''. SEC. 4. EFFECTIVE DATES. The amendments made by this Act shall apply to years beginning after December 31, 1993. SEC. 5. OVERALL EFFECT ON TAX DEDUCTIBILITY. This Act is not intended to change the Code's current tax treatment of employer-provided coverage under accident and health plans. | Medical Cost Containment Act of 1993 - Amends the Internal Revenue Code to exclude from gross income medical care savings benefits. Describes such benefits as a health plan which provides that all or part of the premium differential realized by instituting a qualified higher deductible health plan is credited to participating employees to pay for medical care for a plan year. Requires amounts remaining at the end of such plan year to be deposited into a tax-exempt medical care savings account (subject to rules similar to those for retirement plans) for use by the participant for medical expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``SOAR to Health and Wellness Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Human trafficking.--The term ``human trafficking'' has the meaning given the term ``severe forms of trafficking in persons'' as defined in section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). (2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 3. PILOT PROGRAM ESTABLISHMENT. (a) In General.--The Secretary shall establish a pilot program to be known as ``Stop, Observe, Ask, and Respond to Health and Wellness Training'' (or ``SOAR to Health and Wellness Training'') (referred to in this Act as the ``pilot program''), to provide training to health care providers and other related providers, at all levels, on human trafficking in accordance with the objectives described in subsection (b). (b) Objectives.--The objectives of the pilot program established under subsection (a) shall be to train health care providers and other related providers to enable such providers to-- (1) identify potential human trafficking victims; (2) implement proper protocols and procedures for working with law enforcement to report, and facilitate communication with such victims, in accordance with all applicable Federal, State, local, and tribal requirements, including legal confidentiality requirements for patients and health care providers; (3) implement proper protocols and procedures for referring such victims to appropriate social or victims service agencies or organizations; (4) provide such victims care that is-- (A) coordinated; (B) victim centered; (C) culturally relevant; (D) comprehensive; (E) evidence based; (F) gender responsive; (G) age appropriate, with a focus on care for youth; and (H) trauma informed; and (5) consider the potential for integrating the training described in paragraphs (1) through (4) with training programs, in effect on the date of enactment of this Act, for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. (c) Functions.-- (1) In general.--The functions of the pilot program established under subsection (a) shall include the functions of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act and the authorized initiatives described in paragraph (2). (2) Authorized initiatives.--The authorized initiatives of the pilot program established under subsection (a) shall include-- (A) engaging stakeholders, including victims of human trafficking and any Federal, State, local, or tribal partners, to develop a flexible training module-- (i) for achieving the objectives described in subsection (b); and (ii) that adapts to changing needs, settings, health care providers, and other related providers; (B) making grants available to support training in health care sites that represent diversity in-- (i) geography; (ii) the demographics of the population served; (iii) the predominate types of human trafficking cases; and (iv) health care provider profiles; (C) providing technical assistance for health education programs to implement nationwide health care protocol, or develop continuing education training materials, that assist in achieving the objectives described in subsection (b); (D) developing a strategy to incentivize the utilization of training materials developed under subparagraph (C) and the implementation of nationwide health care protocol described in such subparagraph, as the Secretary determines appropriate; and (E) developing a reliable methodology for collecting data, and reporting such data, on the number of human trafficking victims identified and served in health care settings or other related provider settings. (d) Termination.--The pilot program established under subsection (a) shall terminate on October 1, 2021. SEC. 4. DATA COLLECTION AND REPORTING REQUIREMENTS. (a) Data Collection.--During each of fiscal years 2016 through 2020, the Secretary shall collect data on each of the following: (1) The total number of facilities that were operating under the pilot program established under section 3(a)-- (A) during the previous fiscal year; (B) between the previous fiscal year and the date of enactment of this Act; and (C) between the date of enactment of this Act and the date of establishment of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act. (2) The total number of health care providers and other related providers trained through the pilot program established under such section-- (A) during the previous fiscal year; (B) between the previous fiscal year and the date of enactment of this Act; and (C) between the date of enactment of this Act and the date of establishment of the Stop, Observe, Ask, and Respond to Health and Wellness Training program that was operating on the day before the date of enactment of this Act. (b) Reporting.--Not later than 90 days after the first day of each of fiscal years 2016 through 2020, the Secretary shall prepare and submit to Congress a report on the data collected under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $3,000,000 for each of fiscal years 2016 through 2020. | SOAR to Health and Wellness Act of 2015 This bill directs the Department of Health and Human Services (HHS) to establish a pilot program, to be known as Stop, Observe, Ask, and Respond to Health and Wellness Training (or SOAR to Health and Wellness Training), to provide training to health care providers and other related providers on human trafficking. The objectives of the pilot program shall be to provide training to enable such providers to: identify potential human trafficking victims; implement proper protocols and procedures for working with law enforcement to report and facilitate communication with victims in accordance with all applicable federal, state, local, and tribal requirements; implement proper protocols and procedures for referring victims to social or victims service agencies or organizations; provide such victims care that is coordinated, victim centered, culturally relevant, comprehensive, evidence based, gender responsive, age appropriate, and trauma informed; and consider the potential for integrating such training with existing training programs for victims of domestic violence, dating violence, sexual assault, stalking, child abuse, child neglect, child maltreatment, and child sexual exploitation. Functions of the pilot program shall include the functions of the training program that was operating on the day before this Act's enactment and the following authorized initiatives: engaging stakeholders, including human trafficking victims and any federal, state, local, or tribal partners, to develop a flexible training module that achieves such pilot program objectives and that adapts to changing needs, settings,and providers; making grants available to support training in health care sites that represent diversity in geography, the demographics of the population served, the predominate types of human trafficking cases, and health care provider profiles; providing technical assistance for health education programs to implement a nationwide health care protocol, or to develop continuing education training materials, that assist in achieving such objectives; developing a strategy to incentivize the utilization of training materials developed under this Act and the implementation of a nationwide health care protocol; and developing a reliable methodology for collecting and reporting data on the number of human trafficking victims identified and served in health care settings or other related provider settings. The program shall terminate on October 1, 2021. The bill requires HHS, during each of FY2016-FY2020, to collect data on the number of facilities that were operating under the program, and the total number of health care and related providers trained through the program, during such periods. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Two Strikes and You're Out Child Protection Act''. SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST CHILDREN. Section 3559 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(e) Mandatory Life Imprisonment for Repeated Sex Offenses Against Children.-- ``(1) In general.--A person who is convicted of a Federal sex offense in which a minor is the victim shall be sentenced to life imprisonment if the person has a prior sex conviction in which a minor was the victim, unless the sentence of death is imposed. ``(2) Definitions.--For the purposes of this subsection-- ``(A) the term `Federal sex offense' means-- ``(i) an offense under section 2241 (relating to aggravated sexual abuse), 2242 (relating to sexual abuse), 2243(a) (relating to sexual abuse of a minor), 2244(a)(1) or (2) (relating to abusive sexual contact), 2245 (relating to sexual abuse resulting in death), or 2251A (relating to selling or buying of children); or ``(ii) an offense under section 2423(a) (relating to transportation of minors) involving prostitution or sexual activity constituting a State sex offense; ``(B) the term `State sex offense' means an offense under State law that consists of conduct that would be a Federal sex offense if, to the extent or in the manner specified in the applicable provision of this title-- ``(i) the offense involved interstate or foreign commerce, or the use of the mails; or ``(ii) the conduct occurred in any commonwealth, territory, or possession of the United States, within the special maritime and territorial jurisdiction of the United States, in a Federal prison, on any land or building owned by, leased to, or otherwise used by or under the control of the Government of the United States, or in the Indian country (as defined in section 1151); ``(C) the term `prior sex conviction' means a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent Federal sex offense, and which was for a Federal sex offense or a State sex offense; ``(D) the term `minor' means an individual who has not attained the age of 17 years; and ``(E) the term `State' has the meaning given that term in subsection (c)(2).''. SEC. 3. STUDY OF IMPACT OF LEGISLATION. (a) In each case in which a life sentence is imposed under section 3559(e), the judge shall make and transmit to the Administrative Office of the United States Courts findings with regard to each of the following: (1) The applicable range under the Federal Sentencing Guidelines if the statutory minimum life sentence had not applied. (2) The sentence that the court would have imposed on the defendant if the statutory minimum life sentence had not applied, in light of the nature and circumstances of the offense, the history and characteristics of the defendant, and the other factors set forth in section 3553(a). (3) The race, gender, age, and ethnicity of the victim and defendant. (4) The reason for the Government's decision to prosecute this defendant in Federal court instead of deferring to prosecution in State or tribal court, and the criteria used by the Government to make that decision in this and other cases. (5) The projected cost to the Federal Government of the life sentence, taking into account capital and operating costs associated with imprisonment. (b) To assist the court to make the findings required in subsections (a)(4) and (a)(5), the Government attorney shall state on the record such information as the court deems necessary to make such findings, including cost data provided by the Bureau of Prisons. In making the required findings, the court shall not be bound by the information provided by the Government attorney. (c) The Administrative Office of the United States Courts shall annually compile and report the findings made under subsection (a) to the Congress. SEC. 4. CONFORMING AMENDMENT. Sections 2247 and 2426 of title 18, United States Code, are each amended by inserting ``, unless section 3559(e) applies'' before the final period. Passed the House of Representatives March 14, 2002. Attest: JEFF TRANDAHL, Clerk. | Two Strikes and You're Out Child Protection Act - Amends the Federal criminal code to provide for mandatory life imprisonment of a person convicted of a Federal sex offense in which a minor is the victim if the person has a prior sex conviction in which a minor was the victim, unless a death sentence is imposed.Defines: (1) "Federal sex offense" to include specified offenses relating to sexual abuse, buying or selling of children, and interstate transportation of minors involving prostitution or sexual activity constituting a State sex offense; (2) "State sex offense" as one that would be a Federal sex offense if it involved interstate or foreign commerce or the use of mail or if the conduct occurred in any U.S. commonwealth, territory, possession, or special maritime and territorial jurisdiction, in a Federal prison or building, on Federal land, or in Indian country; (3) "prior sex conviction" as a conviction for which the sentence was imposed before the conduct occurred constituting the subsequent offense; and (4) "minor" as an individual who has not attained age 17.Directs the judge, in each case in which a life sentence is imposed, to make and transmit to the Administrative Office of the United States Courts findings regarding: (1) the applicable range under the Federal sentencing guidelines if the statutory minimum life sentence had not applied; (2) the sentence that the court would have imposed on the defendant if the statutory minimum life sentence had not applied, in light of the nature and circumstances of the offense, the defendant's history and characteristics, and specified other factors; (3) the race, gender, age, and ethnicity of the victim and defendant; (4) the reason for the Government's decision to prosecute this defendant in Federal court instead of deferring to prosecution in State or tribal court and the criteria used to make that decision in this and other cases; and (5) the projected cost to the Government of the life sentence. Directs: (1) the Government attorney to state on the record such information as the court deems necessary to make such findings regarding the decision to prosecute in Federal court and the projected cost to the Government of the life sentence; and (2) the Administrative Office to annually compile and report all such findings to Congress. |
SECTION. 1. SHORT TITLE; FINDINGS; REFERENCE. (a) Short Title.--This Act may be cited as the ``Federal Tort Claims Act Malpractice Coverage for Health Centers Extension Act of 1995''. (b) Reference.--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 Public Health Service Act. SEC. 2. PERMANENT EXTENSION OF PROGRAM. (a) In General.--Section 224(g) (42 U.S.C. 233 (g)) is amended by striking the last sentence of paragraph (3). (b) Conforming Amendments.-- (1) Section 224(k)(1)(A) (42 U.S.C. 233(k)(1)(A)) is amended by striking ``each of the fiscal years 1993, 1994, and 1995'' and inserting ``each fiscal year''. (2) Section 224(k)(2) (42 U.S.C. 233(k)(2)) is amended by striking ``each of the fiscal years 1993, 1994, and 1995'' and inserting ``each fiscal year''. SEC. 3. CLARIFICATION OF COVERAGE. Section 224(g)(1) (42 U.S.C. 233(g)(1)) is amended-- (1) in the first sentence, by striking ``officer, employee, or contractor'' and inserting ``officer, governing board member, or employee of such an entity, and any contractor''; and (2) in the second sentence, by inserting after ``officer,'' the following ``governing board member,''. SEC. 4. COVERAGE FOR SERVICES FURNISHED TO INDIVIDUALS OTHER THAN CENTER PATIENTS. Section 224(g) (42 U.S.C. 233(g)) is amended-- (1) by redesignating paragraph (1) as paragraph (1)(A); and (2) by adding at the end thereof the following: ``(B) The deeming of any entity or officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service under subparagraph (A) shall apply with respect to services provided-- ``(i) to all patients of the entity, and ``(ii) subject to subparagraph (C), to individuals who are not patients of the entity. ``(C) Subparagraph (B)(ii) applies to services provided to individuals who are not patients of an entity if the Secretary determines, after reviewing an application submitted under subparagraph (D), that the provision of the services to such individuals-- ``(i) benefits patients of the entity and general populations that could be served by the entity through community-wide intervention efforts within the communities served by such entity; ``(ii) facilitates the provision of services to patients of the entity; or ``(iii) are otherwise required under an employment contract (or similar arrangement) between the entity and an officer, governing board member, employee, or contractor of the entity.''. SEC. 5. APPLICATION PROCESS. (a) Application Requirement.--Section 224(g)(1) (42 U.S.C. 233(g)(1)) (as amended by section 4) is further amended-- (1) in subparagraph (A), by inserting ``and subject to the approval by the Secretary of an application under subparagraph (D)'' after ``For purposes of this section''; and (2) by adding at the end thereof the following new subparagraphs: ``(D) The Secretary may not deem an entity or an officer, governing board member, employee, or contractor of the entity to be an employee of the Public Health Service under subparagraph (A), and may not apply such deeming to services described in subparagraph (B)(ii), unless the entity has submitted an application for such deeming to the Secretary in such form and such manner as the Secretary shall prescribe. The application shall contain detailed information, along with supporting documentation, to verify that the entity, and the officer, governing board member, employee, or contractor of the entity, as the case may be, meets the requirements of subparagraphs (B) and (C) of this paragraph and that the entity meets the requirements of paragraphs (1) through (4) of subsection (h). ``(E) The Secretary shall make a determination of whether an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section within 30 days after the receipt of an application under subparagraph (D). The determination of the Secretary that an entity or an officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section shall apply for the period specified by the Secretary under subparagraph (A). ``(F) Once the Secretary makes a determination that an entity or an officer, governing board member, employee, or contractor of an entity is deemed to be an employee of the Public Health Service for purposes of this section, the determination shall be final and binding upon the Secretary and the Attorney General and other parties to any civil action or proceeding. Except as provided in subsection (i), the Secretary and the Attorney General may not determine that the provision of services which are the subject of such a determination are not covered under this section.''. (b) Approval Process.--Section 224(h) (42 U.S.C. 233(h)) is amended-- (1) by striking the matter preceding paragraph (1) and inserting the following: ``The Secretary may not approve an application under subsection (g)(1)(D) unless the Secretary determines that the entity--''; and (2) by striking ``has fully cooperated'' in paragraph (4) and inserting ``will fully cooperate''. SEC. 6. TIMELY RESPONSE TO FILING OF ACTION OR PROCEEDING. Section 224 (42 U.S.C. 233) is amended by adding at the end thereof the following new subsection: ``(l)(1) If a civil action or proceeding is filed in a State court against any entity described in subsection (g)(4) or any officer, governing board member, employee, or any contractor of such an entity for damages described in subsection (a), the Attorney General, within 15 days after being notified of such filing, shall make an appearance in such court and advise such court as to whether the Secretary has determined under subsections (g) and (h), that such entity, officer, governing board member, employee, or contractor of the entity is deemed to be an employee of the Public Health Service for purposes of this section with respect to the actions or omissions that are the subject of such civil action or proceeding. Such advice shall be deemed to satisfy the provisions of subsection (c) that the Attorney General certify that an entity, officer, governing board member, employee, or contractor of the entity was acting within the scope of their employment or responsibility. ``(2) If the Attorney General fails to appear in a State court within the time period prescribed under paragraph (1), upon petition of any entity or officer, governing board member, employee, or contractor of the entity named, the civil action or proceeding shall be removed to the appropriate United States district court. The civil action or proceeding shall be stayed in such court until such court conducts a hearing, and makes a determination, as to the appropriate forum or procedure for the assertion of the claim for damages described in subsection (a) and issues an order consistent with such determination.''. SEC. 7. APPLICATION OF COVERAGE TO MANAGED CARE PLANS. Section 224 (42 U.S.C. 233) (as amended by section 6) is further amended by adding at the end the following new subsection: ``(m)(1) An entity described in subsection (g)(4) or an officer, governing board member, employee, or contractor of such an entity shall, for purposes of this section, be deemed to be an employee of the Public Health Service with respect to services provided to individuals who are enrollees of a managed care plan if the entity contracts with such managed care plan for the provision of services. ``(2) Each managed care plan which enters into a contract with an entity described in subsection (g)(4) shall deem the entity and any officer, governing board member, employee, or contractor of the entity as meeting whatever malpractice coverage requirements such plan may require of contracting providers for a calendar year if such entity or officer, governing board member, employee, or contractor of the entity has been deemed to be an employee of the Public Health Service for purposes of this section for such calendar year. Any plan which is found by the Secretary on the record, after notice and an opportunity for a full and fair hearing, to have violated this subsection shall, upon such finding cease, for a period to be determined by the Secretary, to receive and to be eligible to receive any Federal funds under title XVIII or XIX of the Social Security Act. ``(3) For purposes of this subsection, the term `managed care plan' shall mean health maintenance organizations and similar entities that contract at-risk with payors for the provision of health services to plan enrollees and which contract with providers (such as entities described in subsection (g)(4)) for the delivery of such services to plan enrollees.''. SEC. 8. COVERAGE FOR PART-TIME PROVIDERS UNDER CONTRACTS. Subparagraph (B) of section 224(g)(5) (42 U.S.C. 233 (g)(5)(B)) is amended to read as follows: ``(B) in the case of an individual who normally performs an average of less than 32\1/2\ hours of services per week for the entity for the period of the contract, the individual is a licensed or certified provider of services in the fields of family practice, general internal medicine, general pediatrics, or obstetrics and gynecology.''. SEC. 9. DUE PROCESS FOR LOSS OF COVERAGE. Section 224(i)(1) (42 U.S.C. 233(i)(1)) is amended by striking ``may determine, after notice and opportunity for a hearing'' and inserting ``may on the record determine, after notice and opportunity for a full and fair hearing''. SEC. 10. REPORT ON RISK EXPOSURE OF COVERED ENTITIES. (a) In General.--Not later than December 31, 1997, the General Accounting Office shall submit to the Congress a report on the medical malpractice liability claims experience of entities that have been deemed to be employees for purposes of section 224 of the Public Health Service Act and the risk exposure associated with such entities. (b) Contents of Report.--The report required under subsection (a) shall include an analysis by the General Accounting Office comparing-- (1) the estimate of the General Accounting Office of the aggregate amounts that entities described in subsection (a) (together with the officers, governing board members, employees, and contractors of such entities who have been deemed to be employees for purposes of section 224 of the Public Health Service Act) would have paid to obtain medical malpractice liability insurance coverage if such section 224 were not in effect; with (2) the aggregate amounts by which the grants received by such entities under such section 224 were reduced pursuant to subsection (k)(2) of such section 224. (c) Consultation.--In preparing the report under subsection (a), the General Accounting Office shall consult with public and private entities with expertise on the matters with which the report is concerned. SEC. 11. AMOUNT OF RESERVE FUND. Section 224(k)(2) (42 U.S.C. 233(k)(2)) is amended by striking ``$30,000,000'' and inserting ``$10,000,000''. | Federal Tort Claims Act Malpractice Coverage for Health Centers Extension Act of 1995 - Amends the Public Health Service Act to remove provisions ending, on a specified date, the application of provisions: (1) deeming health care practitioner officers, employees, or contractors of certain entities (migrant and community health centers and grant recipients for health services to the homeless and to residents of public housing) to be employees of the Public Health Service (PHS); and (2) making a malpractice action against the United States the sole remedy against such practitioners. Adds governing board members to the list of practitioners deemed to be PHS employees. Allows the practitioners to be considered PHS employees while treating individuals who are not patients of such an entity if the Secretary of Health and Human Services determines, after reviewing the application, that the provision of the services to such individuals: (1) benefits patients of, and general populations that could be served by, the entity through community-wide intervention efforts within the communities served by such entity; (2) facilitates the provision of services to such patients; or (3) are otherwise required under an employment contract or similar arrangement between the entity and an officer, governing board member, employee, or contractor of the entity. Sets forth an application process. Directs the Attorney General to appear in State court actions to advise the court whether an officer, governing board member, employee, or contractor has been deemed to be an employee of the Public Health Service. Provides for the application of coverage to managed care plans. Revises the requirements: (1) to be considered a contractor of such an entity; and (2) of due process regarding exclusion of specific individuals from coverage. Directs the General Accounting Office to submit to the Congress a report on the medical malpractice liability claims experience of entities that have been deemed to be employees and the risk exposure associated with such entities. Reduces the maximum limit on the fund set up to cover annual estimated claims. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Small Business Health Insurance Relief Act of 2002''. (b) Findings.--The Congress finds the following: (1) Of the 39,000,000 uninsured Americans, 72 percent are either full-time workers or dependents of those workers. (2) Of the uninsured working population, 56 percent are employed by small businesses. (3) Of the working population, more than 74 percent are covered by employer-sponsored health insurance. (4) Small businesses are less likely to offer health insurance to their employees, and employees of those small businesses are less likely to participate in a health plan when it is offered to them, when compared with larger businesses and employees of larger businesses. (5) Implementation of the policy set forth in this Act in participating States will reduce the number of low-income workers without health insurance in those States. (6) Because individuals without health insurance do not seek preventive care or early intervention, when those individuals suffer from a serious medical condition, they are often faced with large medical bills which they cannot pay. (7) The costs of unpaid medical bills by individuals without health insurance are often shifted to private and Government payers. (8) By increasing access to affordable health insurance for low-income workers, this Act will contribute to the health and well-being of those individuals, as well as reduce costs for those who bear the burden of uncompensated care. SEC. 2. INCENTIVES TO PROVIDE HEALTH INSURANCE COVERAGE FOR THE WORKING UNINSURED. (a) In General.--For each State that applies for a waiver under section 1115 of the Social Security Act (42 U.S.C. 1315) that includes, as a part of that waiver, the use of funds otherwise paid to the State under the medicaid program or the State children's health insurance program to provide eligible uninsured employees health insurance coverage that meets the requirements of subsection (b), the Secretary may award the State, upon approval of that waiver, an incentive payment (not to exceed $1,000,000) to assist the State in carrying out the waiver. (b) Requirements.--To be eligible for an incentive payment under subsection (a), an application for a section 1115 waiver, with respect to health insurance coverage, shall meet the following requirements: (1) Coverage.--Provide a process and a timeline for achieving coverage of all eligible uninsured employees statewide, without regard to health status or preexisting condition, or location of residency within the State. (2) Manner of provision of health insurance coverage.-- Provide health insurance coverage through employer-sponsored health insurance or by buying into the medicaid or the State children's health insurance programs, including the provision of wraparound health benefits. (3) Benefits.-- (A) Actuarial equivalence.--(i) In the case of health insurance coverage provided through employer- sponsored health insurance coverage or by purchasing coverage through the State children's health insurance programs, provides for a benefit package that is at least actuarially equivalent to the required scope of health insurance coverage under section 2103 of the Social Security Act (42 U.S.C. 1397cc) (relating to coverage requirements for children's health insurance under the State children's health insurance program). (ii) In the case of health insurance coverage provided by purchasing coverage through the medicaid program, provides for a benefit package that is at least actuarially equivalent to the required scope of medical assistance (as defined in section 1905(a) of the Social Security Act (42 U.S.C. 1396d(a)) under the State plan of the State. (B) Limit on employee cost sharing.--Provide that an employee covered under the program pay no more than a nominal amount of the employee's income (as determined by the State) for costs of premiums, deductibles, coinsurance, and copayments under the plan. (4) Consultation with affected entities.--Provide for consultation with representatives of affected entities and organizations, both public and private, in developing a plan to provide such health insurance coverage. (5) Outreach mechanisms.--Describe the outreach mechanisms to be used to assure coverage of all eligible individuals, including measures to assure coverage of individuals in hard- to-reach populations and to assure benefits are provided to eligible individuals located in underserved areas. (6) Quality assurance.--Provide, and describe, mechanisms to be used to assure, monitor, and maintain the quality of items and services furnished under the waiver. (7) Maintenance of effort.--Provide that employers who, as of the date of the enactment of this Act, offer health insurance coverage to or pay a percentage of premiums for such health insurance coverage for employees and who participate under the demonstration project maintain or increase levels of coverage or contributions to employees health insurance over those levels in effect before the implementation of the waiver. (8) Budget.--Incorporate a budget. Such budget shall include a description (and an estimate of costs) of transitional activities to be undertaken in implementing the proposed plan. (9) Implementation.--Describe the method (including a timetable and period of transition) for implementing the waiver. (c) Construction.--Nothing in this Act shall be construed as preempting State laws that provide greater protections or benefits than the protections or benefits required under this Act. (d) Definitions.--As used in this Act: (1) Eligible uninsured employees.--The term ``eligible uninsured employees'' means-- (A) any resident of the United States-- (i) who is a citizen or national of the United States, or lawful resident alien; (ii) who resides in any particular State; (iii) who is employed in a work site of an employer that is a small business located in the State; (iv)(I) whose employer does not offer employer-sponsored health insurance; or (II) whose employer offers such insurance but at a cost that is not affordable for the resident (as determined by the State); and (v) who is not entitled to benefits under title XIX or XXI of the Social Security Act based on eligibility requirements under those titles in effect on or after the date of the enactment of this Act; and (B) the spouse and dependent children of such resident (2) Lawful resident alien.--The term ``lawful resident alien'' means an alien lawfully admitted for permanent residence and any other alien lawfully residing permanently in the United States under color of law, including an alien granted asylum or with lawful temporary resident status under section 210, 210A, or 245A of the Immigration and Nationality Act. (3) Small business.--The term ``small business'' means an employer who employs 50 or fewer employees. (4) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (5) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. | Small Business Health Insurance Relief Act of 2002 - Authorizes the Secretary of Health and Human Services to make incentive payments to States that provide uninsured employees health insurance coverage as part of an approved waiver application under the Social Security Act (where States are permitted to use Medicaid program or State children's health insurance program (SCHIP) funds for experimental projects).Requires that such health insurance coverage be provided: (1) without regard to health status, preexisting condition, or location of residency within a State; (2) through employer-sponsored health insurance or by buying into Medicaid or SCHIP; (3) at a specified level of actuarial equivalence; and (4) for a nominal amount of an employee's income.Limits eligibility to lawful U.S. residents (and their spouses and dependents) who are otherwise not entitled to benefits under the Medicaid or SCHIP and are employed by a small business that does not offer affordable (or any) health insurance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Faster Access to Specialized Treatments Act'' or ``FAST Act''. SEC. 2. FINDINGS; SENSE OF CONGRESS. (a) Findings.--Congress finds the following: (1) The Food and Drug Administration (FDA) serves a critical role in helping to assure that new medicines are safe and effective. Regulatory innovation is one element of the Nation's strategy to address serious and life-threatening diseases or conditions by promoting investment in and development of innovative treatments for unmet medical needs. (2) Over the previous two decades, since the accelerated approval mechanism was established, advances in medical sciences, including genomics, molecular biology, and bioinformatics, have provided an unprecedented understanding of the underlying biological mechanism and pathogenesis of disease. A new generation of modern, targeted medicines is currently under development to treat serious and life- threatening diseases, some applying drug development strategies based on biomarkers or pharmacogenomics, predictive toxicology, clinical trial enrichment techniques, and novel clinical trial designs, such as adaptive clinical trials. (3) As a result of these remarkable scientific and medical advances, FDA should be encouraged to implement more broadly effective processes for the expedited development and review of innovative new medicines intended to address unmet medical needs for serious or life-threatening diseases or conditions, including those for rare diseases or conditions, using a broad range of surrogate or clinical endpoints and modern scientific tools earlier in the drug development cycle when appropriate. This may result in fewer, smaller, or shorter clinical trials for the intended patient population or targeted subpopulation without compromising or altering FDA's existing high standards for the approval of drugs. (4) Patients benefit from expedited access to safe and effective innovative therapies to treat unmet medical needs for serious or life-threatening diseases or conditions. (5) For these reasons, the existing statutory authority governing expedited approval of drugs or serious or life- threatening conditions should be amended in order to enhance FDA's authority to consider appropriate scientific data, methods, and tools, and to expedite development and access to novel treatments for patients with a broad range oofserious or life-threatening diseases or conditions. (b) Sense of Congress.--It is the sense of Congress that the Food and Drug Administration should apply the accelerated approval and the fast track provisions set forth in section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356), as amended by section 3, to the greatest extent possible to help expedite the development and availability to patients of treatments for serious or life-threatening diseases or conditions while maintaining appropriate safety and effectiveness standards for such treatments. SEC. 3. EXPEDITED APPROVAL OF DRUGS FOR SERIOUS OR LIFE-THREATENING DISEASES OR CONDITIONS. Section 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356) is amended to read as follows: ``SEC. 506. EXPEDITED APPROVAL OF DRUGS FOR SERIOUS OR LIFE-THREATENING DISEASES OR CONDITIONS. ``(a) Designation of Drug as a Fast Track Product.-- ``(1) In general.--The Secretary shall, at the request of the sponsor of a new drug, facilitate the development and expedite the review of such drug if it is intended, whether alone or in combination with one or more other drugs, for the treatment of a serious or life-threatening disease or condition, and it demonstrates the potential to address unmet medical needs for such a disease or condition. (In this section, such a drug is referred to as a `fast track product'.) ``(2) Request for designation.--The sponsor of a new drug may request the Secretary to designate the drug as a fast track product. A request for the designation may be made concurrently with, or at any time after, submission of an application for the investigation of the drug under section 505(i) or section 351(a)(3) of the Public Health Service Act. ``(3) Designation.--Within 60 calendar days after the receipt of a request under paragraph (2), the Secretary shall determine whether the drug that is the subject of the request meets the criteria described in paragraph (1). If the Secretary finds that the drug meets the criteria, the Secretary shall designate the drug as a fast track product and shall take such actions as are appropriate to expedite the development and review of the application for approval of such product. ``(b) Accelerated Approval of a Drug for a Serious or Life- Threatening Disease or Condition, Including a Fast Track Product.-- ``(1) In general.--The Secretary may approve an application for approval of a product for a serious or life-threatening disease or condition, including a fast track product, under section 505(c) or section 351(a) of the Public Health Service Act upon making a determination (taking into account the severity or rarity of the disease or condition and the availability of alternative treatments) that the product has an effect on-- ``(A) a surrogate endpoint that is reasonably likely to predict clinical benefit; or ``(B) a clinical endpoint, including an endpoint that can be measured earlier than irreversible morbidity or mortality, that is reasonably likely to predict an effect on irreversible morbidity or mortality or other clinical benefit. The evidence to support that an endpoint is reasonably likely to predict clinical benefit may include epidemiological, pathophysiologic, pharmacologic, therapeutic or other evidence developed using, for example, biomarkers, or other scientific methods or tools. ``(2) Limitation.--Approval of a product under this subsection may, as determined by the Secretary, be subject to the following requirements-- ``(A) that the sponsor conduct appropriate post- approval studies to verify and describe the predicted effect of the product on irreversible morbidity or mortality or other clinical benefit; and ``(B) that the sponsor submit copies of all promotional materials related to the product, at least 30 days prior to dissemination of the materials during-- ``(i) the preapproval review period; and ``(ii) following approval, for a period that the Secretary determines to be appropriate. ``(3) Expedited withdrawal of approval.--The Secretary may withdraw approval of a product approved pursuant to this subsection using expedited procedures (as prescribed by the Secretary in regulations, which shall include an opportunity for an informal hearing) if-- ``(A) the sponsor fails to conduct any required post-approval study of the product with due diligence; ``(B) a study required to verify and describe the predicted effect on irreversible morbidity or mortality or other clinical benefit of the product fails to verify and describe such effect or benefit; ``(C) other evidence demonstrates that the product is not safe or effective under the conditions of use; or ``(D) the sponsor disseminates false or misleading promotional materials with respect to the product. ``(c) Review of Incomplete Applications for Approval of a Fast Track Product.-- ``(1) In general.--If the Secretary determines, after preliminary evaluation of clinical data submitted by the sponsor, that a fast track product may be effective, the Secretary shall evaluate for filing, and may commence review of portions of, an application for the approval of the product before the sponsor submits a complete application. The Secretary shall commence such review only if the applicant-- ``(A) provides a schedule for submission of information necessary to make the application complete; and ``(B) pays any fee that may be required under section 736. ``(2) Exception.--Any time period for review of human drug applications that has been agreed to by the Secretary and that has been set forth in goals identified in letters of the Secretary (relating to the use of fees collected under section 736 to expedite the drug development process and the review of human drug applications) shall not apply to an application submitted under paragraph (1) until the date on which the application is complete. ``(d) Awareness Efforts.--The Secretary shall-- ``(1) develop and disseminate to physicians, patient organizations, pharmaceutical and biotechnology companies, and other appropriate persons a description of the provisions of this section applicable to accelerated approval and fast track products; and ``(2) establish a program to encourage the development of surrogate and clinical endpoints, including biomarkers, and other scientific methods and tools that can assist the Secretary in determining whether the evidence submitted in an application is reasonably likely to predict clinical benefit for serious or life-threatening conditions for which there exist significant unmet medical needs.''. SEC. 4. GUIDANCE; AMENDED REGULATIONS. (a) Initial Guidance.--Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services (hereinafter ``the Secretary'') shall issue draft guidance to implement the amendments made by section 3. (b) Final Guidance.--Not later than one year after the issuance of draft guidance under subsection (a), after an opportunity for public comment, the Secretary shall issue-- (1) final guidance to implement the amendments made by section 3; and (2) amend the regulations governing accelerated approval in parts 314 and 601 of title 21, Code of Federal Regulations, as necessary to conform such regulations with the amendments made by section 3. (c) Considerations.--In developing the guidance under subsections (a) and (b)(1) and the amendments under subsection (b)(2), the Secretary shall consider-- (1) issues arising under the accelerated approval and fast track processes under section 506 of the Federal Food, Drug, and Cosmetic Act (as amended by section 3) for drugs designated for a rare disease or condition under section 526 of the Federal, Food, Drug, and Cosmetic Act; and (2) how to incorporate novel approaches to the review of surrogate endpoints based on pathophysiologic and pharmacologic evidence in such guidance, especially in instances where the low prevalence of a disease renders the existence or collection of other types of data unlikely or impractical. (d) No Delay in Review or Approval.--The issuance (or non-issuance) of guidance or conforming regulations implementing the amendments made by section 3 shall not preclude the review of, or action on, a request for designation or an application for approval submitted pursuant to section 506 of the Federal Food, Drug, and Cosmetic Act, as amended by section 3. SEC. 5. INDEPENDENT REVIEW. (a) In General.--The Secretary shall, in conjunction with other planned reviews of the new drug review process, contract with an independent entity with expertise in assessing the quality and efficiency of biopharmaceutical development and regulatory review programs, to evaluate the Food and Drug Administration's application of the processes described in section 506 of the Federal Food, Drug, and Cosmetic Act, as amended by section 3, and the impact of such processes on the development and timely availability of innovative treatments for patients suffering from serious or life-threatening conditions. (b) Consultation.--Any evaluation under subsection (a) shall include consultation with regulated industries, patient advocacy and disease research foundations, and relevant academic medical centers. SEC. 6. RULE OF CONSTRUCTION. The amendments made to section 506(b) of the Federal Food, Drug and Cosmetic Act by this Act shall be construed in a manner that encourages the Secretary to utilize innovative approaches for the assessment of products under accelerated approval while maintaining appropriate safety and effectiveness standards for such products. | Faster Access to Specialized Treatments Act or FAST Act - Expresses the sense of Congress that the Food and Drug Administration (FDA) should apply specified accelerated approval and the fast track provisions to expedite the development and availability of treatments for serious or life-threatening diseases or conditions while maintaining appropriate safety and effectiveness standards. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services (HHS), at the request of the sponsor of a new drug, to include as a fast track product a new drug, either alone or in combination with one or more other drugs, that is intended for the treatment of a serious or life-threatening disease or condition. Permits the Secretary to approve an application for approval of a product for a serious or life-threatening disease or condition, including a fast track product, upon a determination that the product has an effect on: (1) a surrogate endpoint that is reasonably likely to predict clinical benefit; or (2) on a clinical endpoint, including an endpoint that can be measured earlier than irreversible morbidity or mortality, that is reasonably likely to predict an effect on irreversible morbidity or mortality or other clinical benefit. Directs the Secretary, in conjunction with other planned reviews of the new drug review process, to contract with an independent entity with expertise in assessing biopharmaceutical development and regulatory review programs to evaluate the FDA's application of the fast track processes on the development and availability of innovative treatments for patients suffering from serious or life-threatening conditions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ocean and Coastal Mapping Integration Act''. SEC. 2. INTEGRATED OCEAN AND COASTAL MAPPING PROGRAM. (a) In General.--The Administrator of the National Oceanic and Atmospheric Administration shall establish a program to develop, in coordination with the Interagency Committee on Ocean and Coastal Mapping, a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and Coastal State waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision- making for conservation and management of marine resources and habitats, establishes research priorities, supports the siting of research and other platforms, and advances ocean and coastal science. (b) Program Parameters.--In developing such a program, the Administrator shall work with the Committee to-- (1) identify all Federal and federally-funded programs conducting shoreline delineation and ocean or coastal mapping, noting geographic coverage, frequency, spatial coverage, resolution, and subject matter focus of the data and location of data archives; (2) promote cost-effective, cooperative mapping efforts among all Federal agencies conducting ocean and coastal mapping agencies by increasing data sharing, developing data acquisition and metadata standards, and facilitating the interoperability of in situ data collection systems, data processing, archiving, and distribution of data products; (3) facilitate the adaptation of existing technologies as well as foster expertise in new ocean and coastal mapping technologies, including through research, development, and training conducted in cooperation with the private sector, academia, and other non-Federal entities; (4) develop standards and protocols for testing innovative experimental mapping technologies and transferring new technologies between the Federal government and the private sector or academia; (5) centrally archive, manage, and distribute data sets as well as provide mapping products and services to the general public in service of statutory requirements; (6) develop specific data presentation standards for use by Federal, State, and other entities that document locations of federally permitted activities, living and nonliving resources, marine ecosystems, sensitive habitats, submerged cultural resources, undersea cables, offshore aquaculture projects, and any areas designated for the purposes of environmental protection or conservation and management of living marine resources; and (7) identify the procedures to be used for coordinating Federal data with State and local government programs. SEC. 3. INTERAGENCY COMMITTEE ON OCEAN AND COASTAL MAPPING. (a) Establishment.--There is hereby established an Interagency Committee on Ocean and Coastal Mapping. (b) Membership.--The Committee shall be comprised of senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities. The representatives shall be high- ranking officials of their respective agencies or departments and, whenever possible, the head of the portion of the agency or department that is most relevant to the purposes of this Act. Membership shall include senior representatives from the National Oceanic and Atmospheric Administration, the Chief of Naval Operations, the United States Geological Survey, Minerals Management Service, National Science Foundation, National Geospatial-Intelligence Agency, United States Army Corps of Engineers, United States Coast Guard, Environmental Protection Agency, Federal Emergency Management Agency and National Aeronautics and Space Administration, and other appropriate Federal agencies involved in ocean and coastal mapping. (c) Chairman.--The Committee shall be chaired by the representative from the National Oceanic and Atmospheric Administration. The chairman may create subcommittees chaired by any member agency of the committee. Working groups may be formed by the full Committee to address issues of short duration. (d) Meetings.--The Committee shall meet on a quarterly basis, but subcommittee or working group meetings shall meet on an as-needed basis. (e) Coordination.--The committee should coordinate activities, when appropriate, with-- (1) other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee; (2) international mapping activities; and (3) States and user groups through workshops and other appropriate mechanisms. SEC. 4. NOAA INTEGRATED MAPPING INITIATIVE. (a) In General.--Not later than 6 months after the date of enactment of this Act, the Administrator, in consultation with the Committee, shall develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within the National Oceanic and Atmospheric Administration. (b) Plan Requirements.--The plan shall-- (1) identify and describe all ocean and coastal mapping programs within the agency, including those that conduct mapping or related activities in the course of existing missions, such as hydrographic surveys, ocean exploration projects, living marine resource conservation and management programs, coastal zone management projects, and ocean and coastal science projects; (2) establish priority mapping programs and establish and periodically update priorities for geographic areas in surveying and mapping, as well as minimum data acquisition and metadata standards for those programs; (3) encourage the development of innovative ocean and coastal mapping technologies and applications through research and development through cooperative or other agreements at joint centers of excellence and with the private sector; (4) document available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, non-governmental organizations, and the private sector; (5) identify training, technology, and other resource requirements for enabling the National Oceanic and Atmospheric Administration's programs, ships, and aircraft to support a coordinated ocean and coastal mapping program; (6) identify a centralized mechanism or office for coordinating data collection, processing, archiving, and dissemination activities of all such mapping programs within the National Oceanic and Atmospheric Administration, including-- (A) designating primary data processing centers to maximize efficiency in information technology investment, develop consistency in data processing, and meet Federal mandates for data accessibility; and (B) designating a repository that is responsible for archiving and managing the distribution of all ocean and coastal mapping data to simplify the provision of services to benefit Federal and State programs; and (6) set forth a timetable for implementation and completion of the plan, including a schedule for periodic Congressional progress reports, and recommendations for integrating approaches developed under the initiative into the interagency program. (c) NOAA Joint Ocean and Coastal Mapping Centers.--The Secretary is authorized to maintain and operate up to 3 joint ocean and coastal mapping centers, including a joint hydrographic center, which shall be co-located with an institution of higher education. The centers shall serve as hydrographic centers of excellence and are authorized to conduct activities necessary to carry out the purposes of this Act, including-- (1) research and development of innovative ocean and coastal mapping technologies, equipment, and data products; (2) mapping of the United States outer continental shelf; (3) data processing for non-traditional data and uses; (4) advancing the use of remote sensing technologies, for related issues, including mapping and assessment of essential fish habitat and of coral resources, ocean observations and ocean exploration; and (5) providing graduate education in ocean and coastal mapping sciences for National Oceanic and Atmospheric Administration Commissioned Officer Corps, personnel of other agencies with ocean and coastal mapping programs, and civilian personnel. SEC. 5. INTERAGENCY PROGRAM REPORTING. No later than 18 months after the date of enactment of this Act, and bi-annually thereafter, the Chairman of the Committee shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Resources a report detailing progress made in implementing the provisions of this Act, including-- (1) an inventory of ocean and coastal mapping data, noting the metadata, within the territorial seas and the exclusive economic zone and throughout the continental shelf of the United States, noting the age and source of the survey and the spatial resolution (metadata) of the data; (2) identification of priority areas in need of survey coverage using present technologies; (3) a resource plan that identifies when priority areas in need of modern ocean and coastal mapping surveys can be accomplished; (4) the status of efforts to produce integrated digital maps of ocean and coastal areas; (5) a description of any products resulting from coordinated mapping efforts under this Act that improve public understanding of the coasts, oceans, or regulatory decision- making; (6) documentation of minimum and desired standards for data acquisition and integrated metadata; (7) a statement of the status of Federal efforts to leverage mapping technologies, coordinate mapping activities, share expertise, and exchange data; (8) a statement of resource requirements for organizations to meet the goals of the program, including technology needs for data acquisition, processing and distribution systems; (9) a statement of the status of efforts to declassify data gathered by the Navy, the National Geospatial-Intelligence Agency and other agencies to the extent possible without jeopardizing national security, and make it available to partner agencies and the public; and (10) a resource plan for a digital coast integrated mapping pilot project for the northern Gulf of Mexico that will-- (A) cover the area from the authorized coastal counties through the territorial sea; (B) identify how such a pilot project will leverage public and private mapping data and resources, such as the United States Geological Survey National Map, to result in an operational coastal change assessment program for the subregion; and (11) the status of efforts to coordinate Federal programs with State and local government programs and leverage those programs. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--In addition to the amounts authorized by section 306 of the Hydrographic Services Improvement Act of 1998 (33 U.S.C. 892d), there are authorized to be appropriated to the Administrator to carry out this Act-- (1) $20,000,000 for fiscal year 2005; (2) $26,000,000 for fiscal year 2006; (3) $32,000,000 for fiscal year 2007; (4) $38,000,000 for fiscal year 2008; and (5) $45,000,000 for each of fiscal years 2009 through 2012. (b) Joint Ocean and Coastal Mapping Centers.--Of the amounts appropriated pursuant to subsection (a), the following amounts shall be used to carry out section 4(c) of this Act: (1) $10,000,000 for fiscal year 2005. (2) $11,000,000 for fiscal year 2006. (3) $12,000,000 for fiscal year 2007. (4) $13,000,000 for fiscal year 2008. (5) $15,000,000 for each of fiscal years 2009 through 2012. (c) Interagency Committee.--Notwithstanding any other provision of law, from amounts authorized to be appropriated for fiscal years 2005 through 2012 to the Department of Defense, the Department of the Interior, the Department of Homeland Security, the Environmental Protection Agency, and the National Aeronautics and Space Administration, the head of each such department or agency may make available not more than $10,000,000 per fiscal year to carry out interagency activities under section 3 of this Act. SEC. 7. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the National Oceanic and Atmospheric Administration. (2) Coastal state.--The term ``coastal state'' has the meaning given that term by section 304(4) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(4). (3) Committee.--The term ``Committee'' means the Interagency Ocean Mapping Committee established by section 3. (4) Exclusive economic zone.--The term ``exclusive economic zone'' means the exclusive economic zone of the United States established by Presidential Proclamation No. 5030, of March 10, 1983. (5) Ocean and coastal mapping.--The term ``ocean and coastal mapping'' means the acquisition, processing, and management of physical, biological, geological, chemical, and archaeological characteristics and boundaries of ocean and coastal areas, resources, and sea beds through the use of acoustics, satellites, aerial photogrammetry, light and imaging, direct sampling, and other mapping technologies. (6) Territorial sea.--The term ``territorial sea'' means the belt of sea measured from the baseline of the United States determined in accordance with international law, as set forth in Presidential Proclamation Number 5928, dated December 27, 1988. Passed the Senate November 16, 2004. Attest: Secretary. 108th CONGRESS 2d Session S. 2489 _______________________________________________________________________ AN ACT To establish a program within the National Oceanic and Atmospheric Administration to integrate Federal coastal and ocean mapping activities. | Ocean and Coastal Mapping Integration Act - (Sec. 2) Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish a program to develop, in coordination with the Interagency Committee on Ocean and Coastal Mapping , a coordinated and comprehensive Federal ocean and coastal mapping plan for the Great Lakes and Coastal State waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research priorities, supports the siting of research and other platforms, and advances ocean and coastal science. Prescribes program parameters. (Sec. 3) Establishes an Interagency Committee on Ocean and Coastal Mapping (Committee) comprising senior representatives from Federal agencies with ocean and coastal mapping and surveying responsibilities, and chaired by the representative from the NOAA. (Sec. 4) Instructs the Administrator, in consultation with the Committee, to develop and submit to the Congress a plan for an integrated ocean and coastal mapping initiative within NOAA that: (1) identifies all coastal and ocean mapping programs within NOAA; (2) encourages the development of innovative coastal and ocean mapping technologies and applications through research and development (R&D) cooperative agreements at joint institutes; and (3) documents available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, non-governmental organizations, and the private sector. Authorizes the Secretary of Commerce to establish joint hydrographic centers of excellence. Prescribes plan requirements. Authorizes the Secretary of Commerce to operate up to three joint ocean and coastal mapping centers, including a joint hydrographic center, to serve as hydrographic centers of excellence and to conduct activities to implement this Act. (Sec. 5) Requires the Chairman of the Committee to transmit bi-annually to certain congressional committees a status report detailing progress made in implementing the provisions of this Act. (Sec. 6) Authorizes appropriations for FY 2005 through 2012. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``General Accounting Office Oversight and Improvement Act of 1993''. TITLE I--INSPECTOR GENERAL OF THE GENERAL ACCOUNTING OFFICE SEC. 101. ESTABLISHMENT OF INSPECTOR GENERAL. (a) In General.--Chapter 7 of title 31, United States Code, is amended-- (1) by redesignating section 704 as section 705; and (2) by inserting after section 703 the following new section: ``Sec. 704. Inspector general ``(a) There is established the Office of Inspector General within the General Accounting Office. ``(b) The Inspector General shall be appointed and perform his duties in accordance with the provisions of section 8F of the Inspector General Act of 1978.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 31, United States Code, is amended by striking out the item relating to section 704 and inserting in lieu thereof the following: ``704. Inspector General. ``705. Relationship to other laws.''. SEC. 102. SPECIAL PROVISIONS CONCERNING THE GENERAL ACCOUNTING OFFICE. The Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (1) by redesignating sections 8E and 8F as sections 8F and 8G, respectively; (2) in section 8G (as redesignated by paragraph (1) of this section)-- (A) by striking out ``8C, or 8D'' and inserting in lieu thereof ``8C, 8D, or 8E''; and (B) by striking out ``section 8E(a)'' and inserting in lieu thereof ``section 8F(a)''; (3) by inserting after section 8D the following new section: ``special provisions concerning the general accounting office ``Sec. 8E. (a)(1) For purposes of this section the term `Inspector General' means the Inspector General of the Office of the Inspector General for the General Accounting Office established under section 704 of title 31, United States Code. ``(2) To the extent provided under section 705 of title 31, United States Code-- ``(A) the General Accounting Office shall be an establishment under this Act; and ``(B) the Comptroller General of the United States shall be the head of such establishment under this Act. ``(b)(1) Notwithstanding section 3 of this Act, the Inspector General-- ``(A) shall be appointed jointly by-- ``(i) the Majority Leader and Minority Leader of the Senate; and ``(ii) the Speaker of the House of Representatives and the Minority Leader of the House of Representatives; and ``(B) may only be removed from office by a joint resolution of Congress, after notice and an opportunity for a hearing, only for-- ``(i) permanent disability; ``(ii) inefficiency; ``(iii) neglect of duty; ``(iv) malfeasance; or ``(v) a felony or conduct involving moral turpitude. ``(2) An Inspector General removed from office under paragraph (1)(B) may not be reappointed to the office.''; and (4) in section 11-- (A) in paragraph (1) by inserting ``, and the Comptroller General of the United States'' before ``; as the case may be;'' and (B) in paragraph (2) by inserting ``, and the General Accounting Office'' before ``; as the case may be''. SEC. 103. COMPENSATION. Section 5315 of title 5, United States Code, is amended by adding at the end thereof the following: ``Inspector General, General Accounting Office.''. SEC. 104. REORGANIZATION WITHIN THE GENERAL ACCOUNTING OFFICE. The Comptroller General may reorganize, consolidate, or terminate the Office of Special Investigations and transfer or terminate any function of such Office consistent with the provisions and amendments made by this title to-- (1) eliminate the performance of any function by the Office of Special Counsel, which shall be performed by the Inspector General of the General Accounting Office after the date of the enactment of this Act; and (2) provide for greater efficiency by the General Accounting Office. TITLE II--GENERAL ACCOUNTING OFFICE FINAL REPORTS AND CONGRESSIONAL REQUESTS FOR REPORTS SEC. 201. FINAL REPORTS AND CONGRESSIONAL REQUESTS FOR REPORTS. (a) In General.--Chapter 7 of title 31, United States Code, is amended by inserting after section 720 the following new sections: ``Sec. 721. Final reports ``(a) For purposes of this section, the term `agency' means a department, agency, or instrumentality of the United States Government (except a mixed-ownership Government corporation) or the District of Columbia government. ``(b)(1) In addition to actions taken under section 718(b)(1), the Comptroller General shall provide an agency that is relevant to a report, an opportunity to review any finding of the General Accounting Office in such report before such report is final and released. ``(2) After providing the review made available under paragraph (1), the Comptroller General shall include a summary of the agency response as a part of the final report. ``(c) To the greatest extent practicable consistent with applicable law, the Comptroller General shall include a list of all organizational contacts and sources of information used in each final report. ``(d) If a Member of Congress requests the Comptroller General to withhold the release of a final report to any person, the Comptroller General may release such report no earlier than 7 days after the date on which such request is received. ``(e) A final report may not be released, unless the Comptroller General makes a written determination included in such report that the General Accounting Office has complied with all internal quality control procedures. ``Sec. 722. Congressional requests for reports ``(a) No later than 3 days after receiving a request for a report-- ``(1) from the chairman of a committee of the Congress, the Comptroller General shall notify the ranking member of such committee that such request was received; and ``(2) from the ranking minority member of a committee of the Congress, the Comptroller General shall notify the chairman of such committee that such request was received. ``(b)(1) No later than 3 days after approving a request to prepare a report for a Member of the Congress the Comptroller General shall-- ``(A) notify the Majority Leader and the Minority Leader of the Senate of such approval if the requester is a Senator; and ``(B) notify the Speaker of the House of Representatives and the Minority Leader of the House of Representatives of such approval if the requester is a Member of the House of Representatives. ``(2) The Comptroller General shall provide appropriate notification for publication in the Congressional Record of all approvals of requests from Members of Congress to prepare reports. All such approvals shall be published in the Congressional Record. ``(c) The Comptroller General shall treat all requests from chairmen and ranking members of committees of the Congress on an equal basis.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 7 of title 5, United States Code, is amended by inserting after the item relating to section 720 the following: ``721. Final reports. ``722. Congressional requests for reports.''. TITLE III--GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE SEC. 301. ESTABLISHMENT OF GENERAL ACCOUNTING OFFICE PEER REVIEW COMMITTEE. There is established the General Accounting Office Peer Review Committee (hereafter in this title referred to as the ``Committee''). SEC. 302. MEMBERSHIP. (a) Appointment.--(1) The members of the Committee shall be appointed by the Comptroller General of the United States from a list of individuals jointly nominated by the Majority Leader and the Minority Leader of the Senate, and a list of individuals jointly nominated by the Speaker of the House of Representatives and the Minority Leader of the House of Representatives. (2) The Comptroller General shall designate one of the members appointed under paragraph (1) to serve as Chairman of the Committee. (3) The Comptroller General shall appoint an appropriate individual to fill any vacancy which may occur on the Committee. (b) Members.--The Committee shall be composed of no more than 15 members of whom-- (1) 2 members shall be Senators, who shall not be members of the same political party; (2) 2 members shall be Members of the House of Representatives who shall not be members of the same political party; (3) 2 members shall be Inspectors General of executive agencies; (4) 2 members shall be individuals who are not Federal officers or employees; and (5) 7 members shall have experience or expertise in Federal administrative policymaking, procedure, and processes. (c) Ex Officio Member.--The Comptroller General shall serve as a nonvoting ex officio member of the Committee. (d) Compensation.--(1) No member of the Committee who is a Federal officer or employee shall receive compensation for service to the Committee. (2) Notwithstanding section 1342 of title 31, United States Code, no member of the Committee who is not a Federal officer or employee shall receive compensation for service to the Committee. (e) Travel Expenses.--The members of the Committee who are not Federal officers and employees shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee. SEC. 303. FUNCTIONS OF THE COMMITTEE. The Committee shall-- (1) recommend a formal process and standards for review under which agencies, and affected parties may appeal to the General Accounting Office to correct factual errors, and to reconsider findings contained in General Accounting Office studies, audits, investigations, and reports which are based on or substantially influenced by erroneous information, or previously unconsidered information; (2) recommend procedures to notify the Congress, the public, and the media of modifications or retractions to studies, audits, investigations, and reports following a review described under paragraph (1); (3) review policies and guidelines, and recommend improvements to eliminate inappropriate advocacy of policy or the expression of unsubstantiated conclusions within General Accounting Office reports and testimony; (4) recommend improvements to ensure that General Accounting Office work product is fair, factual, unbiased, professional and consistent with the purposes for which the General Accounting Office was established; (5) review the General Accounting Office's internal quality control procedures, including-- (A) Government Auditing Standards; (B) the General Accounting Office's Communications Manual; (C) the General Accounting Office Policy Procedures Manual; and (D) the Post-Assignment Quality Review System; (6) recommend procedures for making the requester of any service by the General Accounting Office to remain anonymous to the General Accounting Office team members conducting and overseeing the relevant investigation and reporting activities; (7) review the General Accounting Office's policies and procedures, and make recommendations to eliminate duplicative or superfluous auditing and investigative activities; (8)(A) provide an estimate to the Congress on the number of annual man-hours and costs incurred by respondents to General Accounting Office audits; and (B) recommend policies, guidelines or procedures to reduce compliance costs without adversely affecting the necessary activities of General Accounting Office auditors or the quality of work product; and (9) make recommendations to the Comptroller General and the Congress on measures to-- (A) improve professionalism, impartiality, independence, and excellence within the General Accounting Office; (B) improve hiring practices, employee training and morale, administrative structure and policies; and (C) further the purposes for which the General Accounting Office was established. SEC. 304. IMPLEMENTATION OF RECOMMENDATIONS. (a) In General.--To the greatest extent practicable consistent with applicable law, the Comptroller General shall implement the recommendations of the Committee (including the establishment or modification of procedures, guidelines, and standards). (1) Upon the termination of the Committee the Comptroller shall submit to Congress a report on the recommendations made pursuant to this Act. (b) Notification to the Congress.--No later than 90 days after the date of the termination of the Committee, the Comptroller General shall notify the Majority Leader and the Minority Leader of the Senate, and the Speaker of the House of Representatives and the Minority Leader of the House of Representatives of any Committee recommendation that the Comptroller General is unable to implement and the specific reason for such inability. SEC. 305. SUPPORT SERVICES. The General Accounting Office shall provide administrative and support services for the Committee. SEC. 306. FEDERAL ADVISORY COMMITTEE ACT. The provisions of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee. SEC. 307. TERMINATION OF COMMITTEE. The Committee shall terminate 1 year after the date of the enactment of this Act. | TABLE OF CONTENTS: Title I: Inspector General of the General Accounting Office Title II: General Accounting Office Final Reports and Congressional Requests for Reports Title III: General Accounting Office Peer Review Committee General Accounting Office Oversight and Improvement Act of 1993 - Title I: Inspector General of the General Accounting Office - Amends the Inspector General Act of 1978 and other Federal law to: (1) establish an Office of Inspector General in the General Accounting Office (GAO); (2) require the GAO Inspector General (IG) to be appointed jointly by the Speaker and the Minority Leader of the House and the leadership of the Senate; (3) allow removal only for cause; and (4) set the IG's annual salary. (Sec. 104) Authorizes the Comptroller General (CG) to make changes with regard to GAO's Office of Special Investigations that are consistent with this title. Title II: General Accounting Office Final Reports and Congressional Requests for Reports - Amends Federal law to require the CG to: (1) provide an agency of the Federal Government or the District of Columbia government relevant to a report an opportunity to review any finding of GAO in such report before it is final and released; (2) include a summary of the post-review agency response in the final report; and (3) include, to the greatest extent practicable, a list of all organizational contacts and informational sources used in each final report. (Sec. 201) Authorizes the CG to release a final report no earlier than seven days after receiving a Member of Congress' request to withhold such release. Prohibits release of a final report unless the CG includes in it a written determination that GAO has complied with all internal quality control procedures. Sets forth procedures for releasing or preparing a report upon request by committee chairmen, ranking minority members, or individual Members. Requires CG to treat all requests from committee chairmen and ranking members on an equal basis. Title III: General Accounting Office Peer Review Committee - Establishes the General Accounting Office Peer Review Committee. Lists Committee functions, which include recommending a formal process and standards for review under which agencies, and affected parties, may appeal to GAO for correction of factual errors and for reconsideration of study, audit, investigation, and report findings based on erroneous or unconsidered information. (Sec. 304) Requires the CG to implement Committee recommendations to the greatest extent practicable consistent with applicable law. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Expanding Exemptions to Enable More Public Trust Act'' or the ``EXEMPT Act''. SEC. 2. GENERAL EXEMPTIONS. (a) Amendments.--Section 30113 of title 49, United States Code, is amended-- (1) in subsection (b)(3)(B)-- (A) in clause (iii), by striking ``; or'' and inserting a semicolon; (B) in clause (iv), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(v) the exemption would make easier the development or field evaluation of-- ``(I) a feature of a highly automated vehicle providing a safety level at least equal to the safety level of the standard for which exemption is sought; or ``(II) a highly automated vehicle providing an overall safety level at least equal to the overall safety level of nonexempt vehicles.''; and (2) in subsection (c), by adding at the end the following: ``(5) if the application is made under subsection (b)(3)(B)(v) of this section-- ``(A) such development, testing, and other data necessary to demonstrate that the motor vehicle is a highly automated vehicle; and ``(B) a detailed analysis that includes supporting test data, including both on-road and validation and testing data showing (as applicable) that-- ``(i) the safety level of the feature at least equals the safety level of the standard for which exemption is sought; or ``(ii) the vehicle provides an overall safety level at least equal to the overall safety level of nonexempt vehicles.''. (b) Definitions.--Section 30102 of title 49, United States Code, is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), (4), (5), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively; (B) by inserting before paragraph (2) (as so redesignated) the following: ``(1) `automated driving system' means the hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.''; (C) by inserting after paragraph (5) (as so redesignated) the following: ``(6) `dynamic driving task' means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including-- ``(A) lateral vehicle motion control via steering; ``(B) longitudinal vehicle motion control via acceleration and deceleration; ``(C) monitoring the driving environment via object and event detection, recognition, classification, and response preparation; ``(D) object and event response execution; ``(E) maneuver planning; and ``(F) enhancing conspicuity via lighting, signaling, and gesturing. ``(7) `highly automated vehicle'-- ``(A) means a motor vehicle equipped with an automated driving system; and ``(B) does not include a commercial motor vehicle (as defined in section 31101).''; and (D) by inserting after paragraph (13) (as so redesignated) the following: ``(14) `operational design domain' means the specific conditions under which a given driving automation system or feature thereof is designed to function.''; and (2) by adding at the end the following: ``(c) Revisions to Certain Definitions.-- ``(1) If SAE International (or its successor organization) revises the definition of any of the terms defined in paragraph (1), (6), or (14) of subsection (a) in Recommended Practice Report J3016, it shall notify the Secretary of the revision. The Secretary shall publish a notice in the Federal Register to inform the public of the new definition unless, within 90 days after receiving notice of the new definition and after opening a period for public comment on the new definition, the Secretary notifies SAE International (or its successor organization) that the Secretary has determined that the new definition does not meet the need for motor vehicle safety, or is otherwise inconsistent with the purposes of this chapter. If the Secretary so notifies SAE International (or its successor organization), the existing definition in subsection (a) shall remain in effect. ``(2) If the Secretary does not reject a definition revised by SAE International (or its successor organization) as described in paragraph (1), the Secretary shall promptly make any conforming amendments to the regulations and standards of the Secretary that are necessary. The revised definition shall apply for purposes of this chapter. The requirements of section 553 of title 5 shall not apply to the making of any such conforming amendments. ``(3) Pursuant to section 553 of title 5, the Secretary may update any of the definitions in paragraph (1), (6), or (14) of subsection (a) if the Secretary determines that materially changed circumstances regarding highly automated vehicles have impacted motor vehicle safety such that the definitions need to be updated to reflect such circumstances.''. | Expanding Exemptions to Enable More Public Trust Act or the EXEMPT Act This bill authorizes the Department of Transportation to exempt highly automated vehicles from certain motor vehicle safety standards if an exemption would facilitate the development or field evaluation of the safety features of such vehicles. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Interest Checking Act of 2001''. SEC. 2. INTEREST-BEARING TRANSACTION ACCOUNTS AUTHORIZED FOR ALL BUSINESSES. Section 2 of Public Law 93-100 (12 U.S.C. 1832) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: ``(b) Business Account Transactions Authorized.-- ``(1) In general.--Notwithstanding any other provision of law, any depository institution may permit the owner of any deposit or account that is a deposit or account on which interest or dividends are paid and is not a deposit or account described in subsection (a)(2), to make not more than 24 transfers per month (or such greater number as the Board may determine, by rule or order), for any purpose, to another account of the owner in the same institution. ``(2) Status as transaction account.--Nothing in this subsection shall be construed to prevent an account offered pursuant to this subsection from being considered a transaction account (as defined in section 19(b) of the Federal Reserve Act) for purposes of that Act.''. SEC. 3. PAYMENT OF INTEREST ON RESERVES AT FEDERAL RESERVE BANKS. (a) In General.--Section 19(b) of the Federal Reserve Act (12 U.S.C. 461(b)) is amended by adding at the end the following new paragraph: ``(12) Earnings on reserves.-- ``(A) In general.--Balances maintained at a Federal reserve bank by or on behalf of a depository institution may receive earnings to be paid by the Federal reserve bank not less frequently than once in each calendar quarter, at a rate or rates not to exceed the general level of short-term interest rates. ``(B) Regulations relating to payments and distribution.--The Board may prescribe regulations concerning-- ``(i) the payment of earnings in accordance with this paragraph; ``(ii) the distribution of such earnings to the depository institutions which maintain balances at such banks, or on behalf of which such balances are maintained; and ``(iii) the responsibilities of depository institutions, Federal home loan banks, and the National Credit Union Administration Central Liquidity Facility with respect to the crediting and distribution of earnings attributable to balances maintained, in accordance with subsection (c)(1)(B), in a Federal reserve bank by any such entity on behalf of depository institutions.''. (b) Authorization for Pass Through Reserves for Member Banks.-- Section 19(c)(1)(B) of the Federal Reserve Act (12 U.S.C. 461(c)(1)(B)) is amended by striking ``which is not a member bank''. (c) Technical and Conforming Amendments.--Section 19 of the Federal Reserve Act (12 U.S.C. 461) is amended-- (1) in subsection (b)(4) (12 U.S.C. 461(b)(4)), by striking subparagraph (C) and redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (2) in subsection (c)(1)(A) (12 U.S.C. 461(c)(1)(A)), by striking ``subsection (b)(4)(C)'' and inserting ``subsection (b)''. SEC. 4. INCREASED FEDERAL RESERVE BOARD FLEXIBILITY IN SETTING RESERVE REQUIREMENTS. Section 19(b)(2) of the Federal Reserve Act (12 U.S.C. 461(b)(2)) is amended-- (1) in clause (i), by striking ``the ratio of 3 per centum'' and inserting ``a ratio not greater than 3 percent (and which may be zero)''; and (2) in clause (ii), by striking ``and not less than 8 per centum,'' and inserting ``(and which may be zero),''. SEC. 5. TRANSFER OF FEDERAL RESERVE SURPLUSES. (a) In General.--Section 7(b) of the Federal Reserve Act (12 U.S.C. 290) is amended by adding at the end the following new paragraph: ``(4) Additional transfers to cover interest payments for fiscal years 2001 through 2005.-- ``(A) In general.--In addition to the amounts required to be transferred from the surplus funds of the Federal reserve banks pursuant to paragraph (1), the Federal reserve banks shall transfer from such surplus funds to the Board for transfer to the Secretary of the Treasury for deposit in the general fund of the Treasury, such sums as are necessary to equal the net cost of section 19(b)(12), as estimated by the Office of Management and Budget, in each of the fiscal years 2002 through 2006. ``(B) Allocation by federal reserve board.--Of the total amount required to be paid by the Federal reserve banks under subparagraph (A) for fiscal years 2002 through 2006, the Board shall determine the amount that each such bank shall pay in any such fiscal year. ``(C) Replenishment of surplus fund prohibited.-- During fiscal years 2002 through 2006, no Federal reserve bank may replenish the surplus fund of that bank by the amount of any transfer by that bank under subparagraph (A).''. (b) Technical and Conforming Amendment.--Section 7(a) of the Federal Reserve Act (12 U.S.C. 289(a)) is amended by adding at the end the following new paragraph: ``(3) Payment to treasury.--During fiscal years 2002 through 2006, any amount in the surplus fund of any Federal reserve bank in excess of the amount equal to 3 percent of the paid-in capital and surplus of the member banks of such bank shall be transferred to the Secretary of the Treasury for deposit in the general fund of the Treasury.''. | Small Business Interest Checking Act of 2001- Amends Federal banking law governing interaccount transfers to provide that a depository institution may permit owners of certain interest- or dividend-paying accounts to make up to 24 transfers monthly for any purpose to their other accounts in the same institution.Amends the Federal Reserve Act to authorize a Federal reserve bank to pay interest at least quarterly (at a rate not to exceed the general level of short term interest rates) to a depository institution on any balance it maintains at the reserve bank.Repeals a specified restriction in order to authorize pass-through reserves for member banks (as well as non-member banks).Reformulates the mandatory depository institution reserve ratio to: (1) one that is not greater than three percent, and may be zero, (currently, a flat ratio of three percent) for transaction accounts of $25 million or less; and (2) reduce from eight percent to zero the minimum ratio for transaction accounts exceeding $25 million. (Thus authorizes zero reserve requirements for such accounts.)Requires the Federal Reserve banks to transfer certain surplus funds for deposit into the general fund of the Treasury equal to the estimated net cost of making the quarterly payments of interest mandated by this Act for FY 2002 through 2006.Prohibits such banks from replenishing surplus funds by the amount of any such transfers during that time period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Custody Protection Act of 2013''. SEC. 2. TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION. (a) In General.--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 incest. ``Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion ``(a) Definitions.--In this section-- ``(1) the term `law requiring parental involvement in a minor's abortion decision' means a law in force in the State in which a minor resides-- ``(A) that requires, before an abortion is performed on the minor-- ``(i) notification to, or consent of, a parent of the minor; or ``(ii) judicial authorization from a State court; and ``(B) that does not provide as an alternative to the requirements described in subparagraph (A)-- ``(i) notification to, or consent of, an individual who is not a parent of the minor; or ``(ii) authorization from an entity that is not a State court; ``(2) the term `parent' means-- ``(A) a parent or guardian; ``(B) a legal custodian; or ``(C) an individual standing in loco parentis who has care and control of a minor, with whom the minor regularly resides, and who is designated by a law requiring parental involvement in the minor's abortion decision as an individual to whom notification, or from whom consent, is required; ``(3) the term `minor' means an individual who is not older than the maximum age requiring parental notification or consent, or judicial authorization from a State court, under a law requiring parental involvement in a minor's abortion decision; and ``(4) the term `State' includes the District of Columbia and any commonwealth, possession, or other territory of the United States. ``(b) Offense.-- ``(1) Generally.--Except as provided in subsection (c), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor's abortion decision, shall be fined under this title or imprisoned not more than 1 year, or both. ``(2) Definition.--For purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed on the minor, in a State other than the State in which the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides. ``(c) Exceptions.-- ``(1) Life-endangering conditions.--The prohibition under subsection (b) shall not apply in the case of an abortion that is necessary to save the life of a minor because her life is 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) Minors and parents.--A minor transported in violation of this section, and any parent of the 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. ``(d) 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 reasonably believed, based on information the defendant obtained directly from a parent of the minor or other compelling facts, that before the minor obtained the abortion, the parental consent or notification, or judicial authorization, that would have been required under the law requiring parental involvement in a minor's abortion decision, had the abortion been performed in the State where the minor resides, took place. ``(e) Civil Action.--Any parent who suffers harm from a violation of subsection (b) may obtain appropriate relief in a civil action, unless the parent has committed an act of incest with the minor who was transported in violation of subsection (b). ``Sec. 2432. Transportation of minors in circumvention of certain laws relating to incest ``Notwithstanding section 2431(c)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both.''. (b) Technical and Conforming Amendment.--The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following: ``117A. Transportation of minors in circumvention of certain 2431.''. laws relating to abortion. | Child Custody Protection Act of 2013 - Amends the federal criminal code to prohibit knowingly 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 minor's state of residence that requires parental involvement in the minor's abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Imposes a fine and/or prison term of up to one year on anyone who has committed an act of incest with a minor and knowingly transports such minor across a state line to obtain an abortion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Solid Waste International Transportation Act of 2001''. SEC. 2. INTERNATIONAL TRANSPORTATION AND DISPOSAL OF MUNICIPAL SOLID WASTE. (a) In General.--Subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.) is amended by adding after section 4010 the following new section: ``SEC. 4011. RECEIPT AND DISPOSAL OF FOREIGN MUNICIPAL SOLID WASTE. ``(a) Authority.--A State may enact a law or laws prohibiting or imposing limitations on the receipt and disposal of foreign municipal solid waste. ``(b) Effect on Interstate and Foreign Commerce.--No State action taken as authorized by this section shall be considered to impose an undue burden on interstate and foreign commerce or to otherwise impair, restrain, or discriminate against interstate and foreign commerce. ``(c) Definitions.--For purposes of this section: ``(1) Foreign municipal solid waste.--The term `foreign municipal solid waste' means municipal solid waste generated outside of the United States. ``(2) Municipal solid waste.-- ``(A) Waste included.--Except as provided in subparagraph (B), the term `municipal solid waste' means-- ``(i) all waste materials discarded for disposal by households, including single and multifamily residences, and hotels and motels; and ``(ii) all waste materials discarded for disposal that were generated by commercial, institutional, municipal, and industrial sources, to the extent such materials-- ``(I) are essentially the same as materials described in clause (i); and ``(II) were collected and disposed of with other municipal solid waste described in clause (i) or subclause (I) of this clause as part of normal municipal solid waste collection services, except that this subclause does not apply to hazardous materials other than hazardous materials that, pursuant to regulations issued under section 3001(d), are not subject to regulation under subtitle C. Examples of municipal solid waste include food and yard waste, paper, clothing, appliances, consumer product packaging, disposable diapers, office supplies, cosmetics, glass and metal food containers, and household hazardous waste. Such term shall include debris resulting from construction, remodeling, repair, or demolition of structures. ``(B) Waste not included.--The term `municipal solid waste' does not include any of the following: ``(i) Any solid waste identified or listed as a hazardous waste under section 3001, except for household hazardous waste. ``(ii) Any solid waste, including contaminated soil and debris, resulting from-- ``(I) a response action taken under section 104 or 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9604 or 9606); ``(II) a response action taken under a State law with authorities comparable to the authorities of such section 104 or 106; or ``(III) a corrective action taken under this Act. ``(iii) Recyclable materials that have been separated, at the source of the waste, from waste otherwise destined for disposal or that have been managed separately from waste destined for disposal. ``(iv) Scrap rubber to be used as a fuel source. ``(v) Materials and products returned from a dispenser or distributor to the manufacturer or an agent of the manufacturer for credit, evaluation, and possible reuse. ``(vi) Any solid waste that is-- ``(I) generated by an industrial facility; and ``(II) transported for the purpose of treatment, storage, or disposal to a facility or unit thereof that is owned or operated by the generator of the waste, located on property owned by the generator or a company with which the generator is affiliated, or the capacity of which is contractually dedicated exclusively to a specific generator, so long as the disposal area complies with local and State land use and zoning regulations applicable to the disposal site. ``(vii) Any medical waste that is segregated from or not mixed with solid waste. ``(viii) Sewage sludge and residuals from any sewage treatment plant. ``(ix) Combustion ash generated by resource recovery facilities or municipal incinerators, or waste from manufacturing or processing (including pollution control) operations not essentially the same as waste normally generated by households.''. (b) Table of Contents.--The table of contents of the Solid Waste Disposal Act (42 U.S.C. prec. 6901) is amended by adding after the item relating to section 4010 the following new item: ``Sec. 4011. Receipt and disposal of foreign municipal solid waste.''. | Solid Waste International Transportation Act of 2001 - Amends the Solid Waste Disposal Act to authorize States to enact laws prohibiting or limiting the receipt and disposal of municipal solid waste generated outside the United States. |
SECTION 1. CERTAIN PAYMENTS MADE TO VICTIMS OF NAZI PERSECUTION DISREGARDED IN DETERMINING ELIGIBILITY FOR AND THE AMOUNT OF NEED-BASED BENEFITS AND SERVICES. (a) In General.--Payments made to individuals because of their status as victims of Nazi persecution shall be disregarded in determining eligibility for and the amount of benefits or services to be provided under any Federal or federally assisted program which provides benefits or services based, in whole or in part, on need. (b) Applicability.--Subsection (a) shall apply to determinations made on or after the date of the enactment of this Act with respect to payments referred to in subsection (a) made before, on, or after such date. (c) Prohibition Against Recovery of Value of Excessive Benefits or Services Provided Due to Failure to Take Account of Certain Payments Made to Victims of Nazi Persecution.--No officer, agency, or instrumentality of any government may attempt to recover the value of excessive benefits or services provided before the date of the enactment of this Act under any program referred to in subsection (a) by reason of any failure to take account of payments referred to in subsection (a). (d) Notice to Individuals Who May Have Been Denied Eligibility for Benefits or Services Due to the Failure to Disregard Certain Payments Made to Victims of Nazi Persecution.--Any agency of government that has not disregarded payments referred to in subsection (a) in determining eligibility for a program referred to in subsection (a) shall make a good faith effort to notify any individual who may have been denied eligibility for benefits or services under the program of the potential eligibility of the individual for such benefits or services. (e) Repayment of Additional Rent Paid Under HUD Housing Programs Because of Failure to Disregard Reparation Payments.-- (1) Authority.--To the extent that amounts are provided in appropriation Acts for payments under this subsection, the Secretary of Housing and Urban Development shall make payments to qualified individuals in the amount determined under paragraph (3). (2) Qualified individuals.--For purposes of this subsection, the term ``qualified individual'' means an individual who-- (A) has received any payment because of the individual's status as a victim of Nazi persecution; (B) at any time during the period beginning on February 1, 1993 and ending on April 30, 1993, resided in a dwelling unit in housing assisted under any program for housing assistance of the Department of Housing and Urban Development under which rent payments for the unit were determined based on or taking into consideration the income of the occupant of the unit; (C) paid rent for such dwelling unit for any portion of the period referred to in subparagraph (B) in an amount determined in a manner that did not disregard the payment referred to in subparagraph (A); and (D) has submitted a claim for payment under this subsection as required under paragraph (4). The term does not include the successors, heirs, or estate of an individual meeting the requirements of the preceding sentence. (3) Amount of payment.--The amount of a payment under this subsection for a qualified individual shall be equal to the difference between-- (A) the sum of the amount of rent paid by the individual for rental of the dwelling unit of the individual assisted under a program for housing assistance of the Department of Housing and Urban Development, for the period referred to in paragraph (2)(B), and (B) the sum of the amount of rent that would have been payable by the individual for rental of such dwelling unit for such period if the payments referred to in paragraph (2)(A) were disregarded in determining the amount of rent payable by the individual for such period. (4) Submission of claims.--A payment under this subsection for an individual may be made only pursuant to a written claim for such payment by such individual submitted to the Secretary of Housing and Urban Development in the form and manner required by the Secretary before-- (A) in the case of any individual notified by the Department of Housing and Urban Development orally or in writing that such specific individual is eligible for a payment under this subsection, the expiration of the 6-month period beginning on the date of receipt of such notice; and (B) in the case of any other individual, the expiration of the 12-month period beginning on the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Disregards payments made to victims of Nazi persecution in determining eligibility for and the amount of need-based benefits and services under any Federal or federally assisted program. Requires any agency of government that has not disregarded such payments in determining eligibility for a Federal or federally assisted program to make a good faith effort to notify any individual who may have been denied benefits or services eligibility under the program of the individual's potential eligibility for such benefits or services. Directs the Secretary of Housing and Urban Development (HUD) to repay qualified individuals any additional rent paid under HUD housing programs because of failure to disregard reparation payments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Royalties Too Act of 2014''. SEC. 2. DEFINITIONS. Section 101 of title 17, United States Code, is amended-- (1) by inserting after the definition of ``architectural work'' the following: ``An `auction' means a public sale at which a work of visual art is sold to the highest bidder and which is run by an entity that sold not less than $1,000,000 of works of visual art during the previous year.''; (2) by inserting after the definition of ``Pictorial, graphic, and sculptural works'' the following: ``For purposes of section 106(b), `price' means the aggregate of all installments paid in cash or in-kind by or on behalf of a purchaser for a work of visual art as the result of the auction of that work.''; (3) by inserting after the definition of ``registration'' the following: ``For purposes of sections 106(b) and 701(b)(5), `sale' means transfer of ownership or physical possession of a work of visual art as the result of the auction of that work.''; and (4) in the definition of ``work of visual art'', by striking ``A `work of visual art' is--'' and all that follows through ``by the author.'' and inserting the following: ``A `work of visual art' is a painting, drawing, print, sculpture, or photograph, existing either in the original embodiment or in a limited edition of 200 copies or fewer that bear the signature or other identifying mark of the author and are consecutively numbered by the author, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author.''. SEC. 3. EXCLUSIVE RIGHTS. Section 106 of title 17, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``Subject to sections 107 through 122''; (2) in paragraph (5), by striking ``and'' at the end; (3) in paragraph (6), by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(7) in the case of a work of visual art, to collect a royalty for the work if the work is sold by a person other than the author of the work for a price of not less than $5,000 as the result of an auction. ``(b) Collection of Royalty.-- ``(1) In general.--The collection of a royalty under subsection (a)(7) shall be conducted in accordance with this subsection. ``(2) Calculation of royalty.-- ``(A) In general.--The royalty shall be an amount equal to the lesser of-- ``(i) 5 percent of the price paid for the work of visual art; or ``(ii) $35,000. ``(B) Adjustment of amount.--In 2015 and each year thereafter, the dollar amount described in subparagraph (A)(ii) shall be increased by an amount equal to the product of-- ``(i) that dollar amount; and ``(ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the year, determined by substituting `calender year 2015' for `calendar year 1992' in subparagraph (B) thereof. ``(3) Collection of royalty.-- ``(A) Collection.--Not later than 90 days after the date on which the auction occurs, the entity that conducts the auction shall-- ``(i) collect the royalty; and ``(ii) pay the royalty to a visual artists' copyright collecting society. ``(B) Distribution.--Not fewer than 4 times each year, the visual artists' copyright collecting society shall distribute to the author or his or her successor as copyright owner an amount equal to the difference between-- ``(i) the net royalty attributable to the sales of the author; and ``(ii) the reasonable administrative expenses of the collecting society as determined by regulations issued under section 701(b)(5). ``(4) Failure to pay royalty.--Failure to pay a royalty provided for under this subsection shall-- ``(A) constitute an infringement of copyright; and ``(B) be subject to-- ``(i) the payment of statutory damages under section 504(c); and ``(ii) liability for payment of the full royalty due. ``(5) Right to collect royalty.--The right to collect a royalty under this subsection may not be sold, assigned, or waived except as provided in section 201. ``(6) Eligibility to receive royalty payment.--The royalty shall be paid to-- ``(A) any author of a work of visual art-- ``(i) who is a citizen of or domiciled in the United States; ``(ii) who is a citizen of or domiciled in a country that provides resale royalty rights; or ``(iii) whose work of visual art is first created in the United States or in a country that provides resale royalty rights; or ``(B) the successor as copyright owner of an author described in subparagraph (A).''. SEC. 4. NOTICE OF COPYRIGHT. Section 401 of title 17, United States Code, is amended by adding at the end the following: ``(e) Non-Applicability to Works of Visual Art.--The provisions of this section shall not apply to a work of visual art.''. SEC. 5. COPYRIGHT OFFICE. Section 701(b) of title 17, United States Code, is amended by-- (1) redesignating paragraph (5) as paragraph (6); and (2) inserting after paragraph (4) the following: ``(5) Issue regulations governing visual artists' copyright collecting societies described in section 106, that-- ``(A) establish a process by which an entity is determined to be and designated as a visual artists' copyright collecting society, that-- ``(i) requires that a visual artists' copyright collecting society authorized to administer royalty collections and distributions under this title shall-- ``(I) have prior experience in licensing the copyrights of authors of works of visual art in the United States; or ``(II) have been authorized by not fewer than 10,000 authors of works of visual art, either directly or through reciprocal agreements with foreign collecting societies, to license the rights granted under section 106; and ``(ii) prohibits an entity from being designated as a visual artists' copyright collecting society if, during a period of not less than 5 years that begins after the date on which the entity is designated as a visual artists' copyright collecting society, the entity does not distribute directly to each author, or to the successor as copyright owner of each author, the amount of the royalties required to be distributed under section 106(b)(3)(B); ``(B) determine a reasonable amount of administrative expenses that a visual artists' copyright collecting society may deduct from the royalties payable to an author of a work of visual art under section 106(b)(3); and ``(C) establish a process by which-- ``(i) not less frequently than annually, a visual artists' copyright collecting society may request from any entity that conducts auctions a list of each work of visual art sold in those auctions that is by an author represented by the collecting society; and ``(ii) an author of a work of visual art may obtain from a visual artists' copyright collecting society any information requested by the collecting society under clause (i) that relates to a sale of a work of visual art by the author, including the amount of any royalty paid to the collecting society on behalf of the author.''. SEC. 6. STUDY REQUIRED. Not later than 5 years after the date of enactment of this Act, the Register of Copyrights shall-- (1) conduct a study on-- (A) the effects, if any, of the implementation of this Act, and the amendments made by this Act, on the art market in the United States; and (B) whether the provisions of this Act, and the amendments made by this Act, should be expanded to cover dealers, galleries, or other professionals engaged in the sale of works of visual art; and (2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the study described in paragraph (1), including any recommendations for legislation. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on the date that is 1 year after the date of enactment of this Act. | American Royalties Too Act of 2014 - Expands copyright owners' exclusive rights, in the case of a work of visual art, to include the right to collect or authorize the collection of a royalty if the work is sold by a person other than the author for at least $5,000 in an auction. Defines "auction" as a public sale of visual art to the highest bidder run by an entity that sold at least $1 million of works of visual art during the previous year. Revises the term "work of visual art" to make requirements for photographs consistent with requirements for paintings, drawings, and prints. (Currently, a photograph must be a still photographic image produced for exhibition purposes only.) Limits the amount of such a royalty to the lesser of: (1) 5% of the purchase price; or (2) $35,000, subject to cost-of-living adjustments. Directs entities conducting such auctions to collect and pay the royalties to a visual artists' copyright collecting society. Requires the collecting society, at least four times each year, to distribute the appropriate royalties (minus administrative expenses) to authors or successor copyright owners. Requires an author of a work of visual art, in order to be eligible to receive such a royalty, to: (1) be a citizen of, or domiciled in, the United States or a country that provides resale royalty rights; or (2) have first created the work in the United States or a country that provides such royalty rights. Establishes a copyright infringement offense for the failure to pay such a royalty. Subjects infringers to: (1) statutory damages, and (2) liability for the full royalty. Prohibits the sale, assignment, or waiver of the right to collect such a royalty, subject to exceptions for works made for hire and transfers of copyright ownership. Directs the Register of Copyrights to issue regulations governing visual artists' copyright collecting societies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Air Cargo Security Act''. SEC. 2. INSPECTION OF CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT. Section 44901(f) of title 49, United States Code, is amended to read as follows: ``(f) Air Cargo on All-Cargo Aircraft.-- ``(1) In general.--The Secretary of Homeland Security shall establish a system for screening and inspecting all cargo transported in all-cargo aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation to ensure the security of such aircraft. ``(2) Minimum standards.--The system referred to in paragraph (1) shall require that equipment, technology, procedures, personnel, and other methods approved by the Administrator of the Transportation Security Administration that are used for screening cargo transported in all-cargo aircraft provide a level of security commensurate with the level of security provided for screening passenger checked baggage, in accordance with the implementation schedule set forth in paragraph (3). ``(3) Implementation schedule.--The Secretary shall ensure that-- ``(A) beginning not later than 18 months after the date of the enactment of the Air Cargo Security Act, at least 50 percent of the cargo described in paragraph (1) is screened in accordance with the inspection system established under this subsection; and ``(B) beginning not later than 3 years after the date of the enactment of such Act, 100 percent of such cargo is screened in accordance with such system. ``(4) Research and development of new technologies.--The Secretary shall monitor and evaluate the research and development of effective cargo screening technologies.''. SEC. 3. AIR CARGO SHIPPING. (a) In General.--Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 44927. Regular inspections of air cargo shipping facilities ``(a) Regular Inspections.--Not later than 30 days after the date of the enactment of the Air Cargo Security Act, the Secretary of Homeland Security-- ``(1) shall establish a system for regularly screening and inspecting shipments of cargo transported in air transportation or intrastate air transportation at shipping facilities to ensure that appropriate security controls, systems, and protocols are observed; and ``(2) in consultation with the Secretary of State, shall enter into arrangements with civil aviation authorities, or other appropriate officials, of foreign countries to ensure the regular screening and inspection of cargo to be transported in air transportation to the United States at shipping facilities in such countries. ``(b) Defined Term.--In this section, the term `screening' means using the air cargo inspection procedures required under section 44901(f). ``(c) Reports.--Not later than 210 days after the date of the enactment of the Air Cargo Security Act, and annually thereafter, the Secretary of Homeland Security shall submit a report to Congress that describes-- ``(1) the number of shipping facilities that have been inspected in accordance with subsection (a)(1); ``(2) the number of such facilities that are not in compliance with required security controls, systems, and protocols; ``(3) the specific consequences imposed upon each facility that the Secretary determined was not in compliance with the system established under subsection (a)(1); and ``(4) the countries with which the Secretary has entered into arrangements to ensure regular screenings and inspections of cargo transported in air transportation to the United States.''. (b) Additional Inspectors.--The Secretary may increase the number of air cargo inspectors to the extent necessary to carry out the screenings and inspections required by sections 44901(f) and 44927 of title 49, United States Code, as added by this Act. (c) Conforming Amendment.--The chapter analysis for chapter 449 of title 49, United States Code, is amended by adding at the end the following: ``44927. Regular inspections of air cargo shipping facilities.''. SEC. 4. TRAINING PROGRAM FOR CARGO HANDLERS. Section 44935 of title 49, United States Code, is amended-- (1) by redesignating subsection (i) (as added by section 3(b) of the Airport Security Improvement Act of 2000 (Public Law 106-528; 114 Stat. 2520), and redesignated by section 111(a)(1) of the Aviation and Transportation Security Act (Public Law 107-71; 115 Stat. 616)), as subsection (k); and (2) by adding at the end the following: ``(l) Training Program for Cargo Handlers.--The Secretary of Homeland Security shall establish a training and evaluation program for all individuals that handle air cargo to ensure that such cargo is properly handled and safeguarded from security breaches.''. SEC. 5. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. | Air Cargo Security Act - Directs the Secretary of Homeland Security (DHS) to establish a system for the screening and inspecting of all cargo transported in domestic and foreign all-cargo aircraft, including in intrastate air transportation, to ensure the security of such aircraft. Requires such systems to meet minimum standards that ensure equipment, technology, procedures, or personnel used for screening cargo provide a level of security commensurate with the security level for screening passenger checked baggage. Directs the Secretary to: (1) establish a system for regularly screening and inspecting shipments of cargo transported in air transportation, including intrastate air transportation, at shipping facilities to ensure that appropriate security controls, systems, and protocols are observed; and (2) enter into arrangements with civil aviation authorities of foreign countries to ensure the regular screening and inspecting at shipping facilities in such countries of such cargo transported by air to the United States. Authorizes the Secretary to increase the number of air cargo inspectors to carry out such screenings and inspections. Directs the Secretary to establish a training and evaluation program for all individuals who handle air cargo to ensure that such cargo is properly handled and safeguarded from security breaches. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Certified Nurse Midwifery Medicare Services Act of 1999''. SEC. 2. MEDICARE PAYMENT FOR CERTIFIED NURSE-MIDWIFE AND MIDWIFE SERVICES. (a) Certified Midwife, Certified Midwife Services Defined.--(1) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)) is amended by adding at the end the following new paragraphs: ``(3) The term `certified midwife services' means such services furnished by a certified midwife (as defined in paragraph (4)) and such services and supplies furnished as an incident to the certified midwife's service which the certified midwife is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) as would otherwise be payable under this title if furnished by a physician or as an incident to a physician's service. ``(4) The term `certified midwife' means an individual who has successfully completed a bachelor's degree from an accredited educational institution and a program of study and clinical experience meeting guidelines prescribed by the Secretary, or has been certified by an organization recognized by the Secretary.''. (2) The heading in section 1861(gg) of such Act (42 U.S.C. 1395x(gg)) is amended to read as follows: ``Certified Nurse-Midwife Services; Certified Midwife Services''. (b) Certified Midwife Service Benefit.-- (1) Medical and other services.--Section 1861(s)(2)(L) of such Act (42 U.S.C. 1395x(s)(2)(L)) is amended by inserting ``and certified midwife services'' before the semicolon. (2) Payment to hospital for patients under care of certified nurse-midwife or certified midwife.--Section 1861(e)(4) of such Act (42 U.S.C. 1395x(e)(4)) is amended-- (A) by inserting ``(i)'' after ``except that''; and (B) by inserting before the semicolon the following: ``and (ii) a patient receiving certified nurse-midwife services or certified midwife services (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) may be under the care of a certified nurse-midwife or certified midwife with respect to such services to the extent permitted under State law''. (3) Inpatient hospital service at teaching hospitals.-- Section 1861(b) of such Act (42 U.S.C. 1395x(b)) is amended-- (A) in paragraph (4), by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; (B) in paragraph (6), by striking ``; or'' and inserting ``or in the case of services in a hospital or osteopathic hospital by an intern or resident-in- training in the field of obstetrics and gynecology, nothing in this paragraph shall be construed to preclude a certified nurse-midwife or certified midwife (as defined in paragraphs (1) and (3), respectively, of subsection (gg)) from teaching or supervising such intern or resident-in-training, to the extent permitted under State law and as may be authorized by the hospital; or''; (C) in paragraph (7), by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(8) a certified nurse-midwife or a certified midwife where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all certified nurse-midwives or certified midwives in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.''. (4) Benefit under part b.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 1395k(a)(2)(B)(iii)) is amended-- (A) by inserting ``(I)'' after ``(iii)''; (B) by inserting ``certified midwife services,'' after ``certified nurse-midwife services,''; and (C) by adding at the end the following new subclause: ``(II) in the case of certified nurse- midwife services or certified midwife services furnished in a hospital which has a teaching program described in clause (i)(II), such services may be furnished as provided under section 1842(b)(7)(E) and section 1861(b)(8);''. (5) Amount of payment.--Section 1833(a)(1)(K) of such Act (42 U.S.C. 1395l(a)(1)(K)) is amended-- (A) by inserting ``and certified midwife services'' after ``certified nurse-midwife services''; and (B) by striking ``65 percent'' each place it appears and inserting ``95 percent''. (6) Assignment of payment.--The first sentence of section 1842(b)(6) of such Act (42 U.S.C. 1395u(b)(6)) is amended-- (A) by striking ``and (F)'' and inserting ``(F)''; and (B) by inserting before the period the following: ``, and (G) in the case of certified nurse-midwife services or certified midwife services under section 1861(s)(2)(L), payment may be made in accordance with subparagraph (A), except that payment may also be made to such person or entity (or to the agent of such person or entity) as the certified nurse-midwife or certified midwife may designate under an agreement between the certified nurse-midwife or certified midwife and such person or entity (or the agent of such person or entity)''. (7) Clarification regarding payments under part b for such services furnished in teaching hospitals.--(A) Section 1842(b)(7) of such Act (42 U.S.C. 1395u(b)(7)) is amended-- (i) in subparagraphs (A) and (C), by inserting ``or, for purposes of subparagraph (E), the conditions described in section 1861(b)(8),'' after ``section 1861(b)(7),''; and (ii) by adding at the end the following new subparagraph: ``(E) In the case of certified nurse-midwife services or certified midwife services furnished to a patient in a hospital with a teaching program approved as specified in section 1861(b)(6) but which does not meet the conditions described in section 1861(b)(8), the provisions of subparagraphs (A) through (C) shall apply with respect to a certified nurse-midwife or a certified midwife respectively under this subparagraph as they apply to a physician under subparagraphs (A) through (C).''. (B) Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out the amendments made by subparagraph (A). SEC. 3. MEDICARE PAYMENT FOR FREESTANDING BIRTH CENTER SERVICES. (a) Freestanding Birth Center Services, Freestanding Birth Center Defined.-- (1) In general.--(A) Section 1861(gg) of the Social Security Act (42 U.S.C. 1395x(gg)), as amended in section 2(a)(1), is amended by adding at the end the following new paragraphs: ``(5) The term `freestanding birth center services' means items and services furnished by a freestanding birth center (as defined in paragraph (6)) and such items and services furnished as an incident to the freestanding birth center's service as would otherwise be covered if furnished by a physician or as an incident to a physician's service. ``(6) The term `freestanding birth center' means a facility, institution, or site (other than a rural health clinic, critical access hospital, or a sole community hospital) (A) in which births are planned to occur (outside the mother's place of residence), (B) in which comprehensive health care services are furnished, and (C) which has been approved by the Secretary or accredited by an organization recognized by the Secretary for purposes of accrediting freestanding birth centers. Such term does not include a facility, institution, or site that is a hospital or an ambulatory surgical center, unless with respect to ambulatory surgical centers, the State law or regulation that regulates such centers also regulates freestanding birth centers in the State.''. (B) The heading in section 1861(gg) of such Act (42 U.S.C. 1395x(gg)), as amended in section 2(b)(2), is further amended by adding at the end the following: ``; Freestanding Birth Center Services''. (2) Medical and other services.--Section 1861(s)(2)(L) of such Act (42 U.S.C. 1395x(s)(2)(L)), as amended in section 2(b)(1), is further amended-- (A) by inserting ``(i)'' after ``(L)''; (B) by adding ``and'' after the semicolon; and (C) by adding at the end the following new clause: ``(ii) freestanding birth center services;''. (b) Part B Benefit.-- (1) In general.--Section 1832(a)(2)(B)(iii) of such Act (42 U.S.C. 1395k(a)(2)(B)(iii)), as amended in section 2(b)(4), is further amended by inserting ``freestanding birth center services,'' after ``certified midwife services,''. (2) Amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and (S)'' and inserting in lieu thereof ``(S)''; and (B) by inserting before the semicolon the following new subparagraph: ``, and (T) with respect to freestanding birth center services under section 1861(s)(2)(L)(ii), the amount paid shall be made on an assignment-related basis, and shall be 80 percent of the lesser of (i) the actual charge for the services or (ii) an amount established by the Secretary for purposes of this subparagraph, such amount being 95 percent of the Secretary's estimate of the average total payment made to hospitals and physicians during 1997 for charges for delivery and pre-delivery visits, such amounts adjusted to allow for regional variations in labor costs; except that (I) such estimate shall not include payments for diagnostic tests, drugs, or the cost associated with the transfer of a patient to the hospital or the physician whether or not separate payments were made under this title for such tests, drugs, or transfers, and (II) such amount shall be updated by applying the single conversion factor for 1998 under section 1848(d)(1)(C)''. SEC. 4. INTERIM, FINAL REGULATIONS. Except as provided in section 2(b)(7)(B), in order to carry out the amendments made by this Act in a timely manner, the Secretary of Health and Human Services may first promulgate regulations, that take effect on an interim basis, after notice and pending opportunity for public comment, by not later than 6 months after the date of the enactment of this Act. | Declares that nothing precludes certified nurse-midwives and certified midwives from teaching or supervising an intern or resident-in-training. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protect American Democracy Act of 2016''. SEC. 2. DEFINITIONS. In this Act: (1) Admitted; alien.--The terms ``admitted'' and ``alien'' have the meanings given such terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101). (2) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) in the House of Representatives-- (i) the Committee on Foreign Affairs; (ii) the Committee on Homeland Security; (iii) the Committee on Financial Services; (iv) the Committee on the Judiciary; and (v) the Permanent Select Committee on Intelligence; and (B) in the Senate-- (i) the Committee on Foreign Relations; (ii) the Committee on Homeland Security and Governmental Affairs; (iii) the Committee on Banking, Housing, and Urban Affairs; (iv) the Committee on the Judiciary; and (v) the Select Committee on Intelligence. (3) Financial institution.--The term ``financial institution'' has the meaning given such term in section 5312 of title 31, United States Code. (4) Foreign person.--The term ``foreign person'' means-- (A) a natural person who is not a United States person under paragraph (5)(A); or (B) a foreign entity or foreign government. (5) United states person.--The term ``United States person'' means-- (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity. SEC. 3. IDENTIFICATION OF FOREIGN PERSONS RESPONSIBLE FOR ACTIONS TO UNLAWFULLY ACCESS, DISRUPT, INFLUENCE, OR IN ANY WAY ALTER INFORMATION OR INFORMATION SYSTEMS RELATED TO UNITED STATES POLITICAL PARTIES OR ELECTIONS FOR FEDERAL OFFICE. (a) In General.--Not later than 120 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a list of each foreign person that the Secretary determines-- (1) was, at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or in any way alter information or information systems related to United States political parties, candidates in elections for Federal office, or the administration of elections for Federal office; or (2) acted as an agent of or on behalf of such a foreign person in a matter relating to an activity described in paragraph (1). (b) Updates.--The Secretary of State shall submit to the appropriate congressional committees an update of the list required under subsection (a) as new information becomes available. (c) Form.-- (1) In general.--Except as provided in paragraph (2), the list required under subsection (a) shall be submitted in unclassified form. (2) Exception.--The name of a foreign person to be included in the list required under subsection (a) may be submitted in a classified annex only if the Secretary of State-- (A) determines that it is in the national security interests of the United States to do so; and (B) 15 days prior to submitting any such name in such a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include any such foreign person in any such classified annex despite any publicly available information indicating that such foreign person is described in paragraph (1) or (2) of such subsection. (3) Public availability; nonapplicability of confidentiality requirement with respect to visa records.--The unclassified portion of the list required under subsection (a) shall be made available to the public and published in the Federal Register, without regard to the requirements of section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States. SEC. 4. INADMISSIBILITY OF CERTAIN ALIENS. (a) Ineligibility for Visas.--An alien is ineligible to receive a visa to enter the United States and ineligible to be admitted to the United States if such alien is a foreign person on the list required under section 3(a). (b) Current Visas Revoked.--The Secretary of State shall revoke, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), the visa or other documentation of any alien who is a foreign person on the list required under section 3(a) and who would therefore be ineligible to receive such a visa or documentation under subsection (a) of this section. (c) Applicability to Foreign Entities and Foreign Governments.-- Subsections (a) and (b) of this section shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the Secretary of State to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (d) Waiver for National Security Interests.-- (1) In general.--The Secretary of State may waive the application of subsection (a) or (b) in the case of an alien if-- (A) the Secretary determines that such a waiver-- (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States; and (B) prior to granting such a waiver, the Secretary provides to the appropriate congressional committees notice of, and a justification for, such waiver. (2) Timing for certain waivers.--Notification under subparagraph (B) of paragraph (1) shall be made not later than 15 days prior to granting a waiver under such paragraph if the Secretary of State grants such waiver in the national security interests of the United States in accordance with subparagraph (A)(ii) of such paragraph. (e) Regulatory Authority.--The Secretary of State shall prescribe such regulations as are necessary to carry out this section. SEC. 5. FINANCIAL MEASURES. (a) Freezing of Assets.-- (1) In general.--The President, acting through the Secretary of the Treasury, shall exercise all powers granted by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C. 1701) shall not apply) to the extent necessary to freeze and prohibit all transactions in all property and interests in property of a foreign person that is on the list required under section 3(a) of this Act if such property or interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (2) Applicability to foreign entities and foreign governments.--Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (b) Waiver for National Security Interests.--The Secretary of the Treasury may waive the application of subsection (a) if the Secretary determines that such a waiver is in the national security interests of the United States. Not less than 15 days prior to granting such a waiver, the Secretary shall provide to the appropriate congressional committees notice of, and a justification for, such waiver. (c) Enforcement.-- (1) Penalties.--A foreign person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties specified in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of such section. (2) Applicability to foreign entities and foreign governments.--Paragraph (1) shall apply to aliens who are officials of, working or acting on behalf of, or otherwise associated with a foreign entity or foreign government that is a foreign person included on the list required under section 3(a) if such aliens are determined by the President, acting through the Secretary of the Treasury, to have authorized or otherwise knowingly furthered the actions described in such section 3(a). (3) Requirements for financial institutions.--Not later than 120 days after the date of the enactment of this Act, the President, acting through the Secretary of the Treasury, shall prescribe or amend regulations as needed to require each financial institution that is a United States person and has within its possession or control assets that are property or interests in property of a foreign person that is on the list required under section 3(a) if such property or interests in property are in the United States, come within the United States, or come within the possession or control of a United States person to certify to the Secretary that, to the best of the knowledge of such financial institution, such financial institution has frozen all assets within the possession or control of such financial institution that are required to be frozen pursuant to subsection (a). (d) Regulatory Authority.--The President, acting through the Secretary of the Treasury, shall issue such regulations, licenses, and orders as are necessary to carry out this section. SEC. 6. REPORTS TO CONGRESS. (a) In General.--The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall submit to the appropriate congressional committees a report on the actions taken to carry out this Act, including-- (1) a description of each foreign person on the list required under section 3(a); (2) the dates on which such foreign persons were added to such list; and (3) a description of the actions described in such section that were undertaken by each such foreign person. (b) Timing.--The Secretary of State shall submit the first report required under this section not later than one year after the date of the enactment of this Act. The Secretary shall submit subsequent reports under this section not later than 60 days after the date of each regularly scheduled general election for Federal office, beginning with the election held in 2018. (c) Form.--Each report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex if such is in the national security interests of the United States. If a classified annex is included in any such report, the Secretary of State shall include in such report a specific national security justification for such classified annex. | Protect American Democracy Act of 2016 This bill directs the Department of State to submit within 120 days a list of each foreign person that: (1) was at any time since January 1, 2015, involved in actions to unlawfully access, disrupt, influence, or alter information related to U.S. political parties, federal election candidates, or the administration of federal elections; or (2) acted as an agent of, or on behalf of, such foreign person. The unclassified portion of such list shall be made available to the public and published in the Federal Register. A listed alien shall be ineligible to receive a U.S. entry visa, and any current visa shall be revoked. Such prohibitions shall also apply to an alien who is an official of, or acting on behalf of, a listed foreign entity or government if such alien knowingly furthered such prohibited actions. The President, through the Department of the Treasury, shall: (1) freeze and prohibit a listed foreign person's transactions in property and property interests that are in the United States or controlled a U.S. person, and (2) require each financial institution that is a U.S. person and has within its possession or control such property or property interests to certify that it has frozen all such assets. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Hearts in Newborns for Early Detection of Congenital Heart Defect Act'' or the ``SHINE Act''. SEC. 2. PROGRAMS TO IMPROVE NEWBORN SCREENING, EVALUATION, AND INTERVENTION FOR CRITICAL CONGENITAL HEART DEFECT. (a) Statewide Newborn Screening Programs, Evaluation and Intervention Programs and Information Systems.-- (1) In general.--The Secretary of Health and Human Services shall make awards of grants or cooperative agreements to States to-- (A) develop and improve, with respect to critical congenital heart defect, statewide newborn CCHD screening, evaluation, diagnosis, results reporting, data collection and surveillance, and intervention programs and systems; and (B) assist in the recruitment, retention, education, and training of qualified personnel; for the purposes described in paragraph (2). (2) Purposes.--For purposes of paragraph (1), the purposes described in this paragraph are the following: (A) To develop and monitor the efficacy of statewide programs and systems for CCHD screening of newborns, evaluate and diagnose newborns referred from screening programs, and provide for educational and medical interventions for newborns identified with critical congenital heart defect (and other health conditions associated with hypoxemia). (B) To provide for early intervention, including-- (i) referral to and delivery of information and services, relating to CCHD screening, evaluation, and diagnosis, by entities and agencies, including clinical, community, consumer, and parent-based agencies and organizations; and (ii) other programs mandated by part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.), which offer programs specifically designed to meet the unique needs of newborns with critical congenital heart defect and which establish and foster family- to-family support mechanisms critical in the first months after a newborn is identified with critical congenital heart defect. (C) To collect data on statewide newborn CCHD screening and screening of secondary conditions and evaluation and intervention programs and systems that can be applied for quality improvement, research, program evaluation, and policy development. (D) To encourage the adoption by State agencies of models described in subparagraph (E). (E) To provide for other activities, which may include the development of efficient models to ensure that newborns who are identified with critical congenital heart defect through screening receive follow-up by a qualified health care provider. (b) CCHD Information and Surveillance Systems and Applied Research.-- (1) Centers for disease control and prevention.--In accordance with the recommendations described in paragraph (5), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make awards of grants or cooperative agreements to provide technical assistance to State agencies to complement intramural programs and to conduct applied research related to newborn CCHD screening, evaluation and intervention programs, and data collection and information systems, such as-- (A) standardized procedures for data management and program effectiveness to ensure quality monitoring of newborn CCHD screening, evaluation, diagnosis, and intervention programs and systems; (B) evaluation of the current capacity of existing population-based State surveillance and tracking to monitor the effectiveness of newborn CCHD screening to reduce infant mortality and morbidity; (C) provision of technical assistance on data collection and management, including leveraging an electronic health record framework for critical congenital heart defect data and reporting; (D) study of the costs and effectiveness of newborn CCHD screening and secondary targets and nontarget conditions associated with hypoxemia; (E) evaluation and intervention programs and systems conducted by State-based programs in order to answer issues of importance to State and national policymakers; (F) further study of the causes and risk factors for critical congenital heart defect; (G) study of the effectiveness of newborn CCHDs screening, followup diagnostics, medical evaluations and intervention programs and systems by assessing the health, intellectual, and social developmental, cognitive, and neurodevelopmental status of such children as they grow and enter school age; and (H) data reporting by State agencies to the Department of Health and Human Services regarding CCHD screening conducted as part of State-based birth defects monitoring and long-term follow up programs for the purpose of providing appropriate services. (2) National institutes of health.--In accordance with the recommendations described in paragraph (5), the Director of the National Institutes of Health shall, for purposes of this section-- (A) conduct a program of research and development on the efficacy of new screening techniques and technology, including clinical studies of screening methods, follow-up diagnostic tools, and studies on efficacy of intervention and related research; and (B) acting through the National Library of Medicine of the National Institutes of Health, assist the Secretary with the development and deployment of expanded coding terminology for pulse oximetry screening for CCHD and follow-up diagnostic testing related to screening and integrating results into electronic medical records and as part of interoperability with public health information systems. (3) Health resources services administration.--In accordance with the recommendations described in paragraph (5), the Administrator of the Health Resources and Services Administration shall, in coordination with the Director of the Centers for Disease Control and Prevention-- (A) guide the assessment and improvement of screening standards and infrastructure needed for the implementation of a public health approach to point of care screening for congenital heart defects; and (B) coordinate and collaborate in assisting States to establish newborn CCHD screening and other secondary conditions associated with hypoxemia, evaluation, diagnosis, and intervention programs and systems under paragraph (1) and to develop a data collection system under paragraph (2). (4) FDA center for devices and radiological health.--In accordance with the recommendations described in paragraph (5), the Center for Devices and Radiological Health of the Food and Drug Administration shall provide guidance to health care providers, industry, and staff of the Food and Drug Administration on pulse oximeters and the unique role of pulse oximetry in screening neonatal patients. (5) Recommendations.--The recommendations described in this paragraph are the following recommendations contained in the plan of action of the Interagency Coordinating Committee on Newborn and Child Screening established under section 114 of the Public Health Service Act (42 U.S.C. 300b-13): (A) The recommendation for the Centers for Disease Control and Prevention to fund surveillance activities to monitor the CCHD link to infant mortality and other health outcomes. (B) The recommendation for the National Institutes of Health to fund research activities to determine the relationships among the screening technology, diagnostic processes, care provided, and health outcomes of affected newborns with CCHD as a result of prospective newborn screening. (C) The recommendation for the Health Resources and Services Administration to guide the development of screening standards and infrastructure needed for the implementation of a public health approach to point of service screening for critical congenital cyanotic heart defect. (D) The recommendation for the Health Resources and Services Administration to fund the development of, in collaboration with public health and health care professional organizations and families, appropriate education and training materials for families and public health and health care professionals relevant to the screening and treatment of CCHD. (6) Consultation.--In carrying out programs under this subsection, the Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall collaborate and consult with other Federal agencies; State and local agencies, including those responsible for newborn screening and early intervention services under the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), under the Children's Health Insurance Program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) (State Children's Health Insurance Program), under the Maternal and Child Health Block Grant Program under title V of the Social Security Act (42 U.S.C. 701 et seq.), and under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.); consumer groups of, and those that serve, individuals with congenital heart defect and families of such individuals; appropriate national medical and other health and education specialty organizations; persons living with critical congenital heart defect and families of such persons; other qualified professional personnel who are proficient in congenital heart defect, CCHD, and related conditions, and who possess the specialized knowledge, skills, and attributes needed to serve newborns, infants, toddlers, and children diagnosed with congenital heart defect and families of such newborns, infants, toddlers, and children; third-party payers and managed care organizations; and related commercial industries. (7) Policy development.--The Administrator of the Health Resources and Services Administration, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health shall coordinate and collaborate to develop and update recommendations for policy development at the Federal and State levels and with the private sector, including consumer, medical, and other health and education professional-based organizations, with respect to newborn screening, evaluation, diagnosis, and intervention programs and systems. Such recommendations and updates shall be made available on the public Web site of the Department of Health and Human Services. (c) Definitions.--For purposes of this section: (1) The term ``CCHD'' means critical congenital heart defect. (2) The term ``newborn CCHD screening'' means objective physiologic procedures to detect possible congenital heart problems and to identify newborns and infants who require further medical evaluations or interventions. (d) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2017 through 2021. | Screening Hearts in Newborns for Early Detection of Congenital Heart Defect Act or the SHINE Act This bill requires the Department of Health and Human Services (HHS) to award grants or cooperative agreements to states for: (1) developing and improving statewide newborn critical congenital heart defect (CCHD) screening, evaluation, diagnosis, results reporting, data collection and surveillance, and intervention programs and systems; and (2) assisting in the recruitment, retention, education, and training of qualified personnel for related purposes. The Centers for Disease Control and Prevention must award grants or cooperative agreements to provide technical assistance to states in order to support programs and research concerning newborn CCHD screening, evaluation and intervention, and data collection and information systems. The National Institutes of Health must: (1) conduct a CCHD research and development program on the efficacy of new screening techniques and technology, and (2) assist HHS in developing and deploying expanded coding terminology for pulse oximetry screening for CCHD and related evaluation and data collection. The Health Resources and Services Administration must: (1) guide the assessment and improvement of screening standards and infrastructure needed for the implementation of a public health approach to point of care screening for congenital heart defects, and (2) develop a CCHD data collection system. The Center for Devices and Radiological Health must provide guidance to health care providers, industry, and staff of the Food and Drug Administration on pulse oximeters and the unique role of pulse oximetry in screening neonatal patients. |
SECTION 1. FINDINGS. Congress finds the following: (1) In order to ensure the legitimate interests of Puerto Rico and the United States, Congress should recognize Puerto Rico as a sovereign nation. (2) Consistent with article IV, section 3 of the Constitution, only Congress has the power to dispose of and make all needful rules and regulations respecting Puerto Rico. (3) Puerto Rico's territorial condition constitutes an unsustainable status of political subordination. (4) Annexation of Puerto Rico as a State of the Union would be detrimental to both Puerto Rico and the United States. (5) A majority of the voters rejected the continuation of territorial status in the referendum on the political status of Puerto Rico held in Puerto Rico on November 6, 2012. (6) The people of Puerto Rico should, through participation in a referendum vote on the future status of Puerto Rico, choose between independence or free association. (7) Congress should dispose of the territory of Puerto Rico, recognize its sovereign nationhood, and provide for an appropriate transition process to take place under independence or under a compact of free association with the United States, in harmony with the results of the vote expressed by the People of Puerto Rico in the referendum. SEC. 2. REFERENDUM. (a) In General.--The Legislative Assembly of Puerto Rico shall provide for a referendum to take place in Puerto Rico, in which eligible voters shall express their preference between the non- territorial options of either independence or free association, as herein provided. (b) Eligible Voters.--An individual shall be eligible to vote in the referendum held under this Act if that individual-- (1) was born in Puerto Rico; or (2) has a parent who was born in Puerto Rico. (c) Independence.-- (1) Authorization to negotiate treaty.--The President shall negotiate a Treaty of Friendship and Cooperation and other bilateral agreements with the government of an independent Puerto Rico that will provide for equitable economic relations between both nations. (2) Treaty of friendship and cooperation.--The Treaty of Friendship and Cooperation shall establish the details of the bilateral relations of Puerto Rico and the United States under the guidelines set forth below: (A) Citizenship.--Puerto Ricans shall become citizens of the Republic of Puerto Rico. United States citizenship shall be guaranteed to all Puerto Rican citizens who choose to retain their United States citizenship after the proclamation of Puerto Rico's independence. Those born thereafter may acquire non- immigrant status, dual or reciprocal United States citizenship as provided by law, or as otherwise agreed by treaty, so that their freedom to travel to and from the United States and to live and work there shall not be impaired. (B) Vested rights.--Veterans benefits, Federal pensions, and full Social Security rights, as well as any other vested rights and benefits under the laws of the United States are hereby guaranteed to citizens of Puerto Rico until the normal expiration of such benefits; provided that all necessary agreements to protect the rights of workers who acquire permanently insured status during 5 years following the proclamation of Puerto Rico's independence, but are not yet beneficiaries under the Old-Age, Survivors, and Disability Insurance Benefits program under title II of the Social Security Act (42 U.S.C. 401 et seq.), shall be established; further provided that all contributions made by those who have not yet achieved permanently insured status at the time of Puerto Rico's independence shall then be transferred, with interest, to the government of Puerto Rico, in order to assist in the establishment of a separate system of social insurance. (C) Trade.--The United States shall eliminate trade barriers with Puerto Rico, provided that limitations on imports or exports agreed upon by both nations shall ensure mutual benefits and assist each nation in meeting its trade and economic development objectives. (D) Public debt and economic transition.--As partial indemnity for more than 118 years of political and economic subordination, during which the total payment of interest earnings and dividends from Puerto Rico to United States corporations have far exceeded net transfers of Federal assistance to both the government and the residents of Puerto Rico, the United States shall enter into negotiations with Puerto Rico to restructure the outstanding debts and obligations of the government of the Commonwealth of Puerto Rico and its instrumentalities. Moreover, during a transition period, an independent Puerto Rico shall receive annual transfer block grants equal to the total amount of grants, programs, and services currently provided by the Federal Government in Puerto Rico, adjusted for inflation, for a period to be negotiated to take place immediately following the joint proclamation of Puerto Rico's independence. (E) Currency.--If so requested by Puerto Rico, both nations shall make the necessary arrangements with respect to the use of United States currency by the Republic of Puerto Rico. (F) Defense.--The United States and the Republic of Puerto Rico shall enter into agreements leading to the complete demilitarization of the Republic of Puerto Rico, and the devolution and decontamination of any real estate previously held by any branch of the Armed Forces. (d) Free Association.-- (1) Authorization to negotiate compact.--To provide a process consonant with the laws and policies of the United States and in accordance with principles of international law, the President shall negotiate the terms for a Compact of Free Association with the government of Puerto Rico which, prior to the territory's recognition and proclamation of sovereignty, shall establish the terms of the association. (2) Compact of free association.--The Compact of Free Association between the United States and Puerto Rico shall be submitted to Congress and the People of Puerto Rico for ratification under the agreed guidelines set forth below: (A) Puerto rico as sovereign state.--International legal personality of Puerto Rico as a sovereign state. (B) Self-government.--Full self-government not subject to the Constitution or laws of the United States, except for those specific powers delegated to the United States and which are subject to revocation by Puerto Rico. (C) Termination of free association.--The right of Puerto Rico and of the United States to unilaterally put an end to the relationship of free association and Puerto Rico becoming fully independent. (D) United states citizenship.--The continuation of United States citizenship for the citizens of Puerto Rico. (E) Trade relations.--The continuation of existing trade relations with the United States and an agreed upon level of participation by residents of Puerto Rico in Federal economic and social assistance programs. | This bill requires the Legislative Assembly of Puerto Rico to provide for a referendum in Puerto Rico in which eligible voters shall express their preference between the non-territorial options of either independence or free association. An individual shall be eligible to vote in such referendum if that individual was born in, or has a parent who was born in, Puerto Rico. The President shall negotiate a Treaty of Friendship and Cooperation and other bilateral agreements with the government of an independent Puerto Rico that will provide for equitable economic relations. Such treaty shall establish the details of the bilateral relations of Puerto Rico and the United States under specified guidelines with respect to citizenship, vested rights, trade, public debt and economic transition, currency, and defense. The President shall negotiate the terms for a Compact of Free Association with the government of Puerto Rico, which shall be submitted to Congress and the people of Puerto Rico for ratification under specified agreed guidelines with respect to Puerto Rican sovereignty and self-government, the termination of the free association relationship when Puerto Rico becomes fully independent, the continuation of U.S. citizenship for citizens of Puerto Rico, and the continuation of trade relations with the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Standardized School Report Card Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the report ``Quality Counts 99'', by Education Week, 36 States require the publishing of annual report cards on individual schools, but the content of the report cards varies widely. (2) The content of most of the report cards described in paragraph (1) does not provide parents with the information the parents need to measure how their school or State is doing compared with other schools and States. (3) Ninety percent of taxpayers believe that published information about individual schools would motivate educators to work harder to improve the schools' performance. (4) More than 60 percent of parents and 70 percent of taxpayers have not seen an individual report card for their area school. (5) Dissemination of understandable information about schools can be an important tool for parents and taxpayers to measure the quality of the schools and to hold the schools accountable for improving performance. SEC. 3. PURPOSE. The purpose of this Act is to provide parents, taxpayers, and educators with useful, understandable school report cards. SEC. 4. REPORT CARDS. (a) State Report Cards.--Each State educational agency receiving assistance under the Elementary and Secondary Education Act of 1965 shall produce and widely disseminate an annual report card for parents, the general public, teachers and the Secretary of Education, in easily understandable language, with respect to elementary and secondary education in the State. The report card shall contain information regarding-- (1) student performance in language arts and mathematics, plus any other subject areas in which the State requires assessments, including comparisons with students from different school districts within the State, and, to the extent possible, comparisons with students throughout the Nation; (2) attendance and graduation rates; (3) professional qualifications of teachers in the State, the number of teachers teaching out of field, and the number of teachers with emergency certification; (4) average class size in the State; (5) school safety, including the safety of school facilities, incidents of school violence and drug and alcohol abuse, and the number of instances in which a student was determined to have brought a firearm to school under the State law described in the Gun-Free Schools Act of 1994; (6) to the extent practicable, parental involvement, as measured by the extent of parental participation in school parental involvement policies described in section 1118(b) of the Elementary and Secondary Education Act of 1965; (7) the annual school dropout rate, as calculated by procedures conforming with the National Center for Education Statistics Common Core of Data; (8) student access to technology, including the number of computers for educational purposes, the number of computers per classroom, and the number of computers connected to the Internet; and (9) other indicators of school performance and quality. (b) School Report Cards.--Each school receiving assistance under the Elementary and Secondary Education Act of 1965, or the local educational agency serving that school, shall produce and widely disseminate an annual report card for parents, the general public, teachers and the State educational agency, in easily understandable language, with respect to elementary or secondary education, as appropriate, in the school. The report card shall contain information regarding-- (1) student performance in the school in language arts and mathematics, plus any other subject areas in which the State requires assessments, including comparisons with other students within the school district, in the State, and, to the extent possible, in the Nation; (2) attendance and graduation rates; (3) professional qualifications of the school's teachers, the number of teachers teaching out of field, and the number of teachers with emergency certification; (4) average class size in the school; (5) school safety, including the safety of the school facility, incidents of school violence and drug and alcohol abuse, and the number of instances in which a student was determined to have brought a firearm to school under the State law described in the Gun-Free Schools Act of 1994; (6) parental involvement, as measured by the extent of parental participation in school parental involvement policies described in section 1118(b) of the Elementary and Secondary Education Act of 1965; (7) the annual school dropout rate, as calculated by procedures conforming with the National Center for Education Statistics Common Core of Data; (8) student access to technology, including the number of computers for educational purposes, the number of computers per classroom, and the number of computers connected to the Internet; and (9) other indicators of school performance and quality. (c) Model School Report Cards.--The Secretary of Education shall use funds made available to the Office of Educational Research and Improvement to develop a model school report card for dissemination, upon request, to a school, local educational agency, or State educational agency. (d) Disaggregation of Data.--Each State educational agency or school producing an annual report card under this section shall disaggregate the student performance data reported under section 4(a)(1) or 4(b)(1), as appropriate, in the same manner as results are disaggregated under section 1111(b)(3)(I) of the Elementary and Secondary Education Act of 1965. | Standardized School Report Card Act - Requires annual State and school report cards with respect to elementary and secondary education, in easily understandable language. Requires each State educational agency (SEA) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to produce and widely disseminate a State report card for parents, the general public, teachers and the Secretary of Education. Requires each school receiving assistance under ESEA, or the local educational agency (LEA) serving that school, to produce and widely disseminate a school report card for parents, the general public, teachers and the SEA, in easily understandable language, with respect to elementary or secondary education in the school. Requires such State and school report cards to contain, as appropriate, specified information regarding indicators of school performance and quality, including: (1) student performance in language arts and mathematics, and other assessed subject areas, including comparisons with students elsewhere; (2) attendance and graduation rates; (3) professional qualifications of teachers, and numbers teaching out-of-field or with emergency certification; (4) average class size; (5) school safety; (6) parental involvement; (7) annual school dropout rate; and (8) student access to technology, including computers and the Internet. Directs the Secretary to use Office of Educational Research and Improvement funds to develop a model school report card for dissemination, upon request, to a school, LEA, or SEA. Requires a certain disaggregation of student performance data in State and school report cards. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Patient Right To Know Act of 1996''. (b) Findings.--Congress finds the following: (1) Patients cannot make appropriate health care decisions without access to all relevant information relating to those decisions. (2) Restrictions on the ability of physicians and other health care providers to provide full disclosure of all relevant information to patients making health care decisions violate the principles of informed consent and the ethical standards of the health care professions. (3) Serious concerns have been raised about the use by health plans of contractual clauses or policies that interfere with communications between physicians and other health care providers and their patients and the impact of such clauses and policies on the quality of care received by those patients. (4) The offering and operation of health plans affects commerce among the States, health care providers located in one State serve patients who reside in other States as well as that State, and, in order to provide for uniform treatment of health care providers and patients among the States, it is necessary to cover health plans operating in one State as well as those operating among the several States. SEC. 2. PROHIBITION OF INTERFERENCE WITH CERTAIN MEDICAL COMMUNICATIONS. (a) In General.-- (1) Prohibition of contractual provision.--An entity offering a health plan (as defined in subsection (d)(2)) may not provide, as part of any contract or agreement with a health care provider, any restriction on or interference with any medical communication, as defined in subsection (b). (2) Prohibition of adverse action.--An entity offering a health plan may not take any of the following actions against a health care provider on the basis of a medical communication: (A) Refusal to contract with the health care provider. (B) Termination or refusal to renew a contract with the health care provider. (C) Refusal to refer patients to or allow others to refer patients to the health care provider. (D) Refusal to compensate the health care provider for covered services. (E) Any other retaliatory action against the health care provider. (3) Nullification.--Any provision that is prohibited under paragraph (1) is null and void. (b) Medical Communication Defined.--In this section, the term ``medical communication''-- (1) means any communication, other than a knowing and willful misrepresentation, made by the health care provider-- (A) regarding the mental or physical health care needs or treatment of a patient and the provisions, terms, or requirements of the health plan or another health plan relating to such needs or treatment, and (B) between-- (i) the provider and a current, former, or prospective patient (or the guardian or legal representative of a patient), (ii) the provider and any employee or representative of the entity offering such plan, or (iii) the provider and any employee or representative of any State or Federal authority with responsibility for the licensing or oversight with respect to such entity or plan; and (2) includes communications concerning-- (A) any tests, consultations, and treatment options, (B) any risks or benefits associated with such tests, consultations, and options, (C) variation among any health care providers and any institutions providing such services in experience, quality, or outcomes, (D) the basis or standard for the decision of an entity offering a health plan to authorize or deny health care services or benefits, (E) the process used by such an entity to determine whether to authorize or deny health care services or benefits, and (F) any financial incentives or disincentives provided by such an entity to a health care provider that are based on service utilization. (c) Enforcement Through Imposition of Civil Money Penalty.-- (1) In general.--Any entity that violates paragraph (1) or (2) of subsection (a) shall be subject to a civil money penalty of-- (A) up to $25,000 for each violation, or (B) up to $100,000 for each violation if the Secretary determines that the entity has engaged, within the 5 years immediately preceding such violation, in a pattern of such violations. (2) Procedures.--The provisions of subsections (c) through (l) of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) shall apply to civil money penalties under this paragraph in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. (d) Definitions.--For purposes of this section: (1) Health care provider.--The term ``health care provider'' means anyone licensed under State law to provide health care services. (2) Health plan.--The term ``health plan'' means any public or private health plan or arrangement (including an employee welfare benefit plan) which provides, or pays the cost of, health benefits, and includes an organization of health care providers that furnishes health services under a contract or agreement with such a plan. (3) Secretary.--The term ``Secretary'' means Secretary of Health and Human Services. (4) Coverage of third party administrators.--In the case of a health plan that is an employee welfare benefit plan (as defined in section 3(1) of the Employee Retirement Income Security Act of 1974), any third party administrator or other person with responsibility for contracts with health care providers under the plan shall be considered, for purposes of this section, to be an entity offering such health plan. (e) Non-Preemption of State Law.--A State may establish or enforce requirements with respect to the subject matter of this section, but only if such requirements are more protective of medical communications than the requirements established under this section. (f) Construction.--Nothing in this section shall be construed as-- (1) as requiring an entity offering a health plan to enter into or renew a contract or agreement with any willing health care provider, or (2) preventing an entity from acting on information relating to treatment actually provided to a patient or the failure of a health care provider to comply with legal standards relating to the provision of care. (g) Effective Dates.-- (1) Contracts.--Subsection (a)(1) shall apply to contracts or agreements entered into or renewed on or after the date of the enactment of this Act, and to contracts and agreements entered into before such date as of 30 days after the date of the enactment of this Act. (2) Retaliatory actions.--Subsection (a)(2) shall apply to actions taken on or after the date of the enactment of this Act, regardless of when the communication on which the action is based occurred. (3) Nullification.--Subsection (a)(3) shall apply to provisions as of the date of the enactment of this Act. | Patient Right To Know Act of 1996 - Prohibits an entity offering a health plan from prohibiting or restricting any medical communication as part of a written contract or agreement with a provider or a written or oral communication to a provider. Defines "medical communication" as being a communication between a provider and a patient (or the patient's guardian or legal representative) regarding the patient's physical or mental condition or treatment options. Mandates civil money penalties. Allows State requirements more protective of medical communications than the requirements of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Nexus of Energy and Water for Sustainability Act of 2015'' or the ``NEWS Act of 2015''. SEC. 2. DEFINITIONS. In this Act: (1) Committee or subcommittee.--The term ``Committee or Subcommittee'' means the Committee on the Nexus of Energy and Water for Sustainability (or the ``NEWS Committee'') or the Subcommittee on the Nexus of Energy and Water for Sustainability (or the ``NEWS Subcommittee''), whichever is established by section 3(a). (2) Director.--The term ``Director'' means the Director of the Office of Science and Technology Policy. (3) Energy-water nexus.--The term ``energy-water nexus'' means the links between-- (A) the water needed to produce fuels, electricity, and other forms of energy; and (B) the energy needed to transport, reclaim, and treat water and wastewater. (4) Grand challenges.--The term ``Grand Challenges'' means the 21st Century Grand Challenges program coordinated by the Office of Science and Technology Policy. (5) NSTC.--The term ``NSTC'' means the National Science and Technology Council. (6) RD&D activities.--The term ``RD&D activities'' means research, development, and demonstration activities. SEC. 3. INTERAGENCY COORDINATION COMMITTEE. (a) Establishment.--The Director shall establish either a committee or a subcommittee under the NSTC, to be known as either the Committee on the Nexus of Energy and Water for Sustainability (or the ``NEWS Committee'') or the Subcommittee on the Nexus of Energy and Water for Sustainability (or the ``NEWS Subcommittee''), to carry out the duties described in subsection (c). (b) Administration.-- (1) Chairs.--The Secretary of Energy and Secretary of the Interior shall serve as co-chairs of the Committee or Subcommittee. (2) Membership; staffing.--Membership and staffing shall be determined by the NSTC. (c) Duties.--The Committee or Subcommittee shall-- (1) serve as a forum for developing common Federal goals and plans on energy-water nexus RD&D activities; (2) not later than 1 year after the date of enactment of this Act, and biannually thereafter, issue a strategic plan on energy-water nexus RD&D activities priorities and objectives; (3) promote coordination of the activities of Federal departments and agencies on energy-water nexus RD&D activities, including the activities of-- (A) the Department of Energy; (B) the Department of the Interior; (C) the Corps of Engineers; (D) the Department of Agriculture; (E) the Department of Defense; (F) the Department of State; (G) the Environmental Protection Agency; (H) the Council on Environmental Quality; (I) the National Institute of Standards and Technology; (J) the National Oceanic and Atmospheric Administration; (K) the National Science Foundation; (L) the Office of Management and Budget; (M) the Office of Science and Technology Policy; and (N) such other Federal departments and agencies as the Director or the Committee or Subcommittee consider appropriate; and (4)(A) coordinate and develop capabilities and methodologies for data collection, management, and dissemination of information related to energy-water nexus RD&D activities from and to other Federal departments and agencies; and (B) promote information exchange between Federal departments and agencies-- (i) to identify and document Federal and non- Federal programs and funding opportunities that support basic and applied research, development, and demonstration proposals to advance energy-water nexus related science and technologies; (ii) if practicable, to leverage existing programs by encouraging joint solicitations, block grants, and matching programs with non-Federal entities; and (iii) to identify opportunities for domestic and international public-private partnerships, innovative financing mechanisms, information and data exchange, and Grand Challenges. (d) No Regulation.--Nothing in this section grants to the Committee or Subcommittee (including the members of the Committee or Subcommittee) the authority to promulgate regulations or set standards. (e) Review; Report.--At the end of the 10-year period beginning on the date on which the Committee or Subcommittee is established, the Director-- (1) shall review the activities, relevance, and effectiveness of the Committee or Subcommittee; and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, a report describing the results of the review conducted under paragraph (1) and a recommendation on whether the Committee or Subcommittee should continue. SEC. 4. CROSSCUT BUDGET. Not later than 30 days after the President submits the budget of the United States Government under section 1105 of title 31, United States Code, the Director of the Office of Management and Budget shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Science, Space, and Technology, Energy and Commerce, and Natural Resources of the House of Representatives, an interagency budget crosscut report that displays at the program-, project-, and activity-level for each of the Federal agencies that carry out or support (including through grants, contracts, interagency and intraagency transfers, multiyear and no-year funds) basic and applied RD&D activities to advance the energy-water nexus related science and technologies-- (1) the budget proposed in the budget request of the President for the upcoming fiscal year; (2) expenditures and obligations for the prior fiscal year; and (3) estimated expenditures and obligations for the current fiscal year. | Nexus of Energy and Water for Sustainability Act of 2015 or the NEWS Act of 2015 This bill requires the Office of Science and Technology Policy to establish either a Committee or a Subcommittee on the Nexus of Energy and Water for Sustainability (NEWS) under the National Science and Technology Council (NSTC). The Secretary of Energy (DOE) and Secretary of the Interior must serve as co-chairs. The term "energy-water nexus" means the links between: (1) the water needed to produce energy; and (2) the energy needed to transport, reclaim, and treat water and wastewater. The NEWS Committee or Subcommittee shall: serve as a forum for developing common federal goals and plans on energy-water nexus research, development, and demonstration activities; issue a strategic plan on the priorities and objectives of those activities; promote coordination of the related activities of federal departments and agencies; coordinate and develop capabilities and methodologies for data collection, management, and dissemination of information related to those activities from and to other federal departments and agencies; promote information exchange between federal departments and agencies; and review its activities, relevance, and effectiveness 10 years after it is established and report on the results of the review. The Office of Management and Budget must submit a report that displays for each agency that carries out or supports basic and applied research, development, and demonstration activities to advance energy-water nexus-related science and technologies: (1) the budget proposed in the President's budget request for the upcoming fiscal year, (2) expenditures and obligations for the prior fiscal year, and (3) estimated expenditures and obligations for the current fiscal year. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fuel Security and Consumer Choice Act''. SEC. 2. REQUIREMENT TO MANUFACTURER DUAL FUELED AUTOMOBILES. (a) Requirement.-- (1) In general.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32902 the following: ``Sec. 32902A. Requirement to manufacture dual fueled automobiles ``(a) Requirement.-- ``(1) In general.--Each manufacturer of new automobiles that are capable of operating on gasoline or diesel fuel shall ensure that the percentage of such automobiles, manufactured in any model year beginning not less than 18 months after the date of enactment of this section and distributed in commerce for sale in the United States, which are dual fueled automobiles is equal to not less than the applicable percentage set forth in the following table: The percentage of dual fueled auto- ``For each of the following mobiles manufactured model years: shall be not less than: year 1........................................ 10 year 2........................................ 20 year 3........................................ 30 year 4........................................ 40 year 5........................................ 50 year 6........................................ 60 year 7........................................ 70 year 8........................................ 80 year 9........................................ 90 year 10 and beyond............................ 100. ``(2) Model years.--For purposes of the table under paragraph (1)-- ``(A) the term `year 1' means the first model year beginning not less than 18 months after the date of enactment of this section; ``(B) the term `year 2' means the model year immediately following the model year described in subparagraph (A); ``(C) the term `year 3' means the model year immediately following the model year described in subparagraph (B); ``(D) the term `year 4' means the model year immediately following the model year described in subparagraph (C); ``(E) the term `year 5' means the model year immediately following the model year described in subparagraph (D); ``(F) the term `year 6' means the model year immediately following the model year described in subparagraph (E); ``(G) the term `year 7' means the model year immediately following the model year described in subparagraph (F); ``(H) the term `year 8' means the model year immediately following the model year described in subparagraph (G); ``(I) the term `year 9' means the model year immediately following the model year described in subparagraph (H); and ``(J) the term `year 10' means the model year immediately following the model year described in subparagraph (I). ``(b) Production Credits for Exceeding Flexible Fuel Automobile Production Requirement.-- ``(1) Earning and period for applying credits.--If the number of dual fueled automobiles manufactured by a manufacturer in a particular model year exceeds the number required under subsection (a), the manufacturer earns credits under this section, which may be applied to any of the 3 consecutive model years immediately after the model year for which the credits are earned. ``(2) Trading credits.--A manufacturer that has earned credits under paragraph (1) may sell credits to another manufacturer to enable the purchaser to meet the requirement under subsection (a).''. (2) Technical amendment.--The table of sections for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32902 the following: ``32902A. Requirement to manufacture dual fueled automobiles.''. (b) Activities to Promote the Use of Certain Alternative Fuels.-- The Secretary of Transportation shall carry out activities to promote the use of fuel mixtures containing gasoline or diesel fuel and 1 or more alternative fuels, including a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels, to power automobiles in the United States. SEC. 3. MANUFACTURING INCENTIVES FOR DUAL FUELED AUTOMOBILES. Section 32905(b) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by inserting ``(1)'' before ``Except''; (3) by striking ``model years 1993-2010'' and inserting ``model year 1993 through the first model year beginning not less than 18 months after the date of enactment of the Fuel Security and Consumer Choice Act''; and (4) by adding at the end the following: ``(2) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 30 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of-- ``(A) 0.7 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.3 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(3) Except as provided in paragraph (5) of this subsection, subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in the first model year beginning not less than 42 months after the date of enactment of the Fuel Security and Consumer Choice Act by dividing 1.0 by the sum of-- ``(A) 0.9 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and ``(B) 0.1 divided by the fuel economy measured under subsection (a) when operating the model on alternative fuel. ``(4) Except as provided in subsection (d) of this section, or section 32904(a)(2) of this title, the Administrator shall measure the fuel economy for each model of dual fueled automobiles manufactured by a manufacturer in each model year beginning not less than 54 months after the date of enactment of the Fuel Security and Consumer Choice Act in accordance with section 32904(c) of this title. ``(5) Notwithstanding paragraphs (2) through (4) of this subsection, the fuel economy for all dual fueled automobiles manufactured to comply with the requirements under section 32902A(a) of this title, including automobiles for which dual fueled automobile credits have been used or traded under section 32902A(b) of this title, shall be measured in accordance with section 32904(c) of this title.''. | Fuel Security and Consumer Choice Act - Amends federal transportation law to require manufacturers of new automobiles that can operate on gasoline or diesel fuel (dual fueled automobiles) to manufacture such automobiles by increasing percentages for 10 model years and beyond. Allows manufacturers to earn credits which may be applied to any three consecutive model years after the year in which they were earned if the manufacturer exceeds the number of dual fueled automobiles required to be manufactured in a particular year. Authorizes a manufacturer to sell credits to another manufacturer to enable the purchaser to meet the percentage requirements under this Act. Requires the Administrator of the Environmental Protection Agency (EPA) to measure the fuel economy for each model of dual fueled automobile based on certain formulas. |
SECTION 1. FINDINGS. Congress finds that-- (1) prices in the spot market for electric energy in the western energy market have consistently remained at levels that are multiples of energy prices prevailing before 2000; (2) the price increases began in California and spread throughout the western energy market; (3) the Federal Energy Regulatory Commission, in an order issued November 1, 2000, found that prices in California and the western energy market are unjust and unreasonable; and (4) the high and volatile prices for natural gas are reflected in the costs of producing electricity. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission. (2) Cost-of-service based rate.--The term ``cost-of-service based rate'' means a rate, charge, or classification for the sale of electric energy that is equal to-- (A) all the reasonable variable costs for producing the electric energy; (B) all the reasonable fixed costs for producing the electric energy; (C) a reasonable risk premium or return on invested capital; and (D) all other reasonable costs associated with the production, acquisition, conservation, and transmission of electric power. (3) Load-differentiated demand rate.--The term ``load- differentiated demand rate'' means a rate, charge, or classification for the sale of electric energy that reflects differences in the demand for electric energy during various times of day, months, seasons, or other time periods. (4) Public utility.--The term ``public utility'' has the meaning given the term in section 201 of the Federal Power Act (16 U.S.C. 824). (5) Western energy market.--The term ``western energy market'' means the area within the United States that is covered by the Western Systems Coordinating Council. SEC. 3. WHOLESALE ELECTRIC ENERGY RATES OF REGULATED ENTITIES IN THE WESTERN ENERGY MARKET. (a) Imposition of Wholesale Electric Energy Rates.--Not later than 60 days after the date of enactment of this Act, the Commission shall impose just and reasonable load-differentiated demand rates or cost-of- service based rates on sales by public utilities of electric energy at wholesale in the western energy market. (b) Limitations.-- (1) In general.--A load-differentiated demand rate or cost- of-service based rate shall not apply to a sale of electric energy at wholesale for delivery in a State that, after the date of enactment of this Act-- (A) prohibits the State public utility commission from approving the passing through to retail consumers of cost-of-service based rates or load-differentiated demand rates approved by the Commission; or (B) imposes a price limit on the sale of electric energy at retail that precludes a public utility (or any entity that is authorized to purchase electricity on behalf of a public utility or a State) from making a payment when due to any entity within the western energy market from which the public utility purchases electric energy for resale at retail within the western energy market. (2) No orders to sell without a reasonable assurance of payment.--Notwithstanding section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362), section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)), or section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), neither the Secretary of Energy nor the Commission may issue an order that requires a seller of electric energy or natural gas to sell, on or after the date of enactment of this Act, electric energy or natural gas to a buyer in a State described in paragraph (1) unless there is a reasonable assurance that the Commission determines is sufficient to ensure that the seller will be paid-- (A) the full purchase price when due, as agreed to by the buyer and seller; or (B) if the buyer and seller are unable to agree on a price-- (i) a fair and equitable price for natural gas, as determined by the President under section 302 of the Natural Gas Policy Act of 1978 (15 U.S.C. 3362); or (ii) a just and reasonable price for electric energy, as determined by the Secretary of Energy or the Commission, as appropriate, under section 202(c) of the Federal Power Act (16 U.S.C. 824a(c)). (3) Requirement to meet in-state demand.--Notwithstanding any other provision of law, a State public utility commission in the western energy market may prohibit any utility subject to the jurisdiction of the State public utility commission from making any sale of electric energy to a purchaser outside the service area of the utility at any time at which the State public utility commission has reason to believe that delivery of the electric energy would impair the ability of the utility to meet, at or after the time of the delivery, the demand for electric energy in the service area of the utility. (c) Authority of State Regulatory Authorities.--This section does not diminish or have any other effect on the authority of a State regulatory authority (as defined in section 3 of the Federal Power Act (16 U.S.C. 796)) to regulate rates and charges for the sale of electric energy to consumers, including the authority to determine the manner in which wholesale rates shall be passed through to consumers (including the setting of tiered pricing, real-time pricing, and baseline rates). (d) Repeal.--Effective March 1, 2003, this section is repealed, and any load-differentiated demand rate or cost-of-service based rate imposed under this section that is then in effect shall no longer be effective. SEC. 4. NATURAL GAS RATES. (a) Inapplicability of Waiver of Maximum Rate Ceiling Provision to Transportation of Natural Gas Into the State of California.--Effective beginning on the date of enactment of this Act, paragraph (i) of section 284.8 of title 18, Code of Federal Regulations, shall not apply to the transportation of natural gas into the State of California from outside the State. (b) Disclosure of Commodity Portion and Transportation Portion of Sale Price in Bundled Natural Gas Transactions.-- (1) Definition of bundled transaction.--In this subsection, the term ``bundled transaction'' means a transaction for the sale of natural gas in which the sale price includes both the cost of the natural gas and the cost of transporting the natural gas. (2) Disclosure.--Exercising authority under section 4 of the Natural Gas Act (15 U.S.C. 717c), not later than 60 days after the date of enactment of this Act, the Commission shall promulgate a regulation that requires any person that sells natural gas in a bundled transaction under which the natural gas is to be transported into the State of California from outside the State to file with the Commission, not later than a date specified by the Commission, a statement that discloses-- (A) the portion of the sale price that is attributable to the price paid by the seller for the natural gas; and (B) the portion of the sale price that is attributable to the price paid for transportation of the natural gas. SEC. 5. SENSE OF THE SENATE REGARDING THE BONNEVILLE POWER ADMINISTRATION. It is the sense of the Senate that the Bonneville Power Administration should-- (1) take steps to reduce its wholesale electric power purchase needs in the rate period beginning October 1, 2001; and (2) undertake other actions to minimize its potential wholesale electric rate increase due to take effect October 1, 2001. SEC. 6. EFFECT OF ACT. Nothing in this Act-- (1) affects any energy production that, as of the date of enactment of this Act, is not online and for which an application for a permit to produce electricity has not been filed; (2) affects any contract for the purchase of electric energy except a contract for a spot market purchase; or (3) prohibits a State or other entity from appearing in a Federal court in any instance in which it is alleged that the Commission is not enforcing the Federal Power Act (16 U.S.C. 791a et seq.). | Instructs the Federal Energy Regulatory Commission (FERC) to impose just and reasonable load-differentiated demand rates or cost-of-service based rates on sales by public utilities of electric energy at wholesale in the western energy market (the area covered by the Western Systems Coordinating Council).Authorizes a State public utility commission in such market to prohibit any utility under its jurisdiction from making any sale of electric energy to a purchaser outside the utility's service area if the commission believes that its delivery would impair the utility's ability to meet the demand for electric energy in its own service area.Instructs FERC to require a seller of natural gas to disclose the commodity portion and transportation portion of the sale price if it is sold in a bundled transaction under which it is to be transported into the State of California from outside the State.Expresses the sense of the Senate that the Bonneville Power Administration should: (1) take steps to reduce its wholesale electric power purchase needs in the rate period beginning October 1, 2001; and (2) undertake other actions to minimize its potential wholesale electric rate increase due to take effect October 1, 2001. |
SECTION 1. ELECTION TO RECEIVE RETIRED PAY FOR NON-REGULAR SERVICE UPON RETIREMENT FOR SERVICE IN AN ACTIVE RESERVE STATUS PERFORMED AFTER ATTAINING ELIGIBILITY FOR REGULAR RETIREMENT. (a) Election Authority; Requirements.--Subsection (a) of section 12741 of title 10, United States Code, is amended to read as follows: ``(a) Authority To Elect To Receive Reserve Retired Pay.--(1) Notwithstanding the requirement in paragraph (4) of section 12731(a) of this title that a person may not receive retired pay under this chapter when the person is entitled, under any other provision of law, to retired pay or retainer pay, a person may elect to receive retired pay under this chapter, instead of receiving retired or retainer pay under chapter 65, 367, 571, or 867 of this title, if the person-- ``(A) satisfies the requirements specified in paragraphs (1) and (2) of such section for entitlement to retired pay under this chapter; ``(B) served in an active status in the Selected Reserve of the Ready Reserve after becoming eligible for retirement under chapter 65, 367, 571, or 867 of this title (without regard to whether the person actually retired or received retired or retainer pay under one of those chapters); and ``(C) completed not less than two years of satisfactory service (as determined by the Secretary concerned) in such active status (excluding any period of active service). ``(2) The Secretary concerned may reduce the minimum two-year service requirement specified in paragraph (1)(C) in the case of a person who-- ``(A) completed at least six months of service in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; and ``(B) failed to complete the minimum years of service solely because the appointment of the person to such position was terminated or vacated as described in section 324(b) of title 32.''. (b) Actions To Effectuate Election.--Subsection (b) of such section is amended by striking paragraph (1) and inserting the following new paragraph: ``(1) terminate the eligibility of the person to retire under chapter 65, 367, 571, or 867 of this title, if the person is not already retired under one of those chapters, and terminate entitlement of the person to retired or retainer pay under one of those chapters, if the person was already receiving retired or retainer pay under one of those chapters; and''. (c) Conforming Amendment To Reflect New Variable Age Requirement for Retirement.--Subsection (d) of such section is amended-- (1) in paragraph (1), by striking ``attains 60 years of age'' and inserting ``attains the eligibility age applicable to the person under section 12731(f) of this title''; and (2) in paragraph (2)(A), by striking ``attains 60 years of age'' and inserting ``attains the eligibility age applicable to the person under such section''. (d) Clerical Amendments.-- (1) Section heading.--The heading for section 12741 of such title is amended to read as follows: ``Sec. 12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement''. (2) Table of sections.--The table of sections at the beginning of chapter 1223 of such title is amended by striking the item relating to section 12741 and inserting the following new item: ``12741. Retirement for service in an active status performed in the Selected Reserve of the Ready Reserve after eligibility for regular retirement.''. (e) Retroactive Applicability.--The amendments made by this section shall take effect as of January 1, 2008. SEC. 2. RECOMPUTATION OF RETIRED PAY AND ADJUSTMENT OF RETIRED GRADE OF RESERVE RETIREES TO REFLECT SERVICE AFTER RETIREMENT. (a) Recomputation of Retired Pay.--Section 12739 of title 10, United States Code, is amended by adding at the end the following new subsection: ``(e)(1) If a member of the Retired Reserve is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to the recomputation under this section of the retired pay of the member. ``(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who-- ``(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; ``(B) completes at least six months of service in such position; and ``(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.''. (b) Adjustment of Retired Grade.--Section 12771 of such title is amended-- (1) by striking ``Unless'' and inserting ``(a) Grade on Transfer.--Unless''; and (2) by adding at the end the following new subsection: ``(b) Effect of Subsequent Recall to Active Status.--(1) If a member of the Retired Reserve who is a commissioned officer is recalled to an active status in the Selected Reserve of the Ready Reserve under section 10145(d) of this title and completes not less than two years of service in such active status, the member is entitled to an adjustment in the retired grade of the member in the manner provided in section 1370(d) of this title. ``(2) The Secretary concerned may reduce the two-year service requirement specified in paragraph (1) in the case of a member who-- ``(A) is recalled to serve in a position of adjutant general required under section 314 of title 32 or in a position of assistant adjutant general subordinate to such a position of adjutant general; ``(B) completes at least six months of service in such position; and ``(C) fails to complete the minimum two years of service solely because the appointment of the member to such position is terminated or vacated as described in section 324(b) of title 32.''. (c) Retroactive Applicability.--The amendments made by this section shall take effect as of January 1, 2008. | Allows an individual to elect to receive retired pay for non-regular (reserve) service upon retirement for service performed in an active reserve status after attaining eligibility for regular retirement, as long as the individual successfully completes at least two years of active reserve status service. Allows the Secretary of the military department concerned to reduce the two-year active reserve status requirement in certain cases. Requires the recomputation of reserve retired pay and, if appropriate, the adjustment of the retired grade of reserve retirees to reflect the successful completion of at least two years of post-retirement service in an active reserve status. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Expedited Consideration of Cuts, Consolidations, and Savings Act of 2015''. SEC. 2. EXPEDITED CONSIDERATION OF CUTS, CONSOLIDATIONS, AND SAVINGS PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET. (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-- (1) by redesignating sections 1013 through 1017 as sections 1014 through 1018, respectively; and (2) by inserting after section 1012 the following: ``SEC. 1013. CUTS, CONSOLIDATIONS, AND SAVINGS REPORT PREPARED BY THE OFFICE OF MANAGEMENT AND BUDGET. ``(a) Definitions.--In this section-- ``(1) the term `continuous session' relating to a House does not include a period during which that House has adjourned sine die or during which that House is not in session because of an adjournment of more than 3 days to a date certain; and ``(2) the term `covered bill' means a bill or joint resolution-- ``(A) transmitted under subsection (b)(2); and ``(B) introduced under subsection (c). ``(b) Special Message.-- ``(1) In general.--Not later than 120 days after the publication of any Cuts, Consolidations, and Savings report prepared by the Office of Management and Budget, or any successor thereto, the President may transmit to Congress a special message to carry out all or part of the recommendations contained in the report. ``(2) Proposed legislation.--With a special message transmitted under paragraph (1), the President shall include a draft bill or joint resolution that would carry out the recommendations of the President. ``(c) Introduction.-- ``(1) In general.--The majority leader or the minority leader of the Senate and the majority leader or the minority leader of the House of Representatives shall introduce (by request) a bill or joint resolution transmitted to Congress under subsection (b)(2) not later than the end of the second day of continuous session of the Senate or the House of Representatives, respectively, after the date on which the President transmits the bill or joint resolution. ``(2) By other members.--On and after the third day of continuous session of the Senate or the House of Representatives after the date on which a bill or joint resolution is transmitted to Congress under subsection (b)(2), and if the bill or joint resolution has not been introduced under paragraph (1) in that House, it shall be in order for a Member of the Senate or the House of Representatives to introduce the bill or joint resolution. ``(d) Referral.-- ``(1) In general.--In the Senate and the House of Representatives, a covered bill shall be referred to the committee or committees of the House with subject matter jurisdiction over that measure. ``(2) Reporting.--A committee to which a covered bill is referred-- ``(A) shall report the covered bill without substantive revision; ``(B) may report the covered bill with or without recommendation; and ``(C) shall report the covered bill not later than the seventh day of continuous session of that House after the date of receipt of the special message that the covered bill accompanied. ``(3) Discharge.--If a committee fails to report a covered bill within the period specified in paragraph (2)(C), the committee shall be discharged from further consideration of the covered bill and the covered bill shall be referred to the appropriate calendar of the House. ``(e) Expedited Consideration in the House of Representatives.-- ``(1) Proceeding to consideration.-- ``(A) In general.--After each committee authorized to consider a covered bill reports it to the House of Representatives or has been discharged from its consideration, it shall be in order to move to proceed to consider the covered bill in the House of Representatives. ``(B) Motion.--For a motion to proceed to a covered bill-- ``(i) the motion shall be highly privileged and shall not be debatable; ``(ii) all points of order against the motion are waived; ``(iii) the previous question shall be considered as ordered on the motion to its adoption without intervening motion; ``(iv) an amendment to the motion shall not be in order; and ``(v) it shall not be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(2) Consideration.--If the House of Representatives proceeds to consideration of a covered bill-- ``(A) the covered bill shall be considered as read; ``(B) all points of order against the covered bill and against its consideration are waived; ``(C) the previous question shall be considered as ordered on the covered bill to its passage without intervening motion except 4 hours of debate equally divided and controlled by the proponent and an opponent; ``(D) a motion further to limit debate is in order and shall not be debatable; ``(E) no amendment to the covered bill shall be in order; and ``(F) it shall not be in order to move to recommit the covered bill or to move to reconsider the vote by which the covered bill is agreed to or disagreed to. ``(3) Vote on passage.--The vote on passage of a covered bill shall occur-- ``(A) immediately following the conclusion of the debate on the covered bill; and ``(B) not later than the tenth day of continuous session of the House of Representatives after the date on which the covered bill is introduced. ``(4) Rules.-- ``(A) Appeals.--Appeals from decisions of the Chair relating to the application of the rules of the House of Representatives to the procedure relating to a covered bill shall be decided without debate. ``(B) Other rules relating to consideration.-- Except to the extent specifically provided in this subsection, consideration of a covered bill shall be governed by the Rules of the House of Representatives. ``(f) Expedited Consideration in the Senate.-- ``(1) Proceeding to consideration.-- ``(A) In general.--Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time after each committee authorized to consider a covered bill reports it to the Senate or has been discharged from its consideration to move to proceed to the consideration of the covered bill. ``(B) Motion.--For a motion to proceed to a covered bill-- ``(i) all points of order against the covered bill (and against consideration of the covered bill) are waived; ``(ii) the motion is not debatable; ``(iii) the motion is not subject to a motion to postpone; ``(iv) a motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order; ``(v) an amendment to the motion shall not be in order; and ``(vi) if the motion is agreed to, the covered bill shall remain the unfinished business until disposed of. ``(2) Consideration.--If the Senate proceeds to consideration of a covered bill-- ``(A) consideration of the covered bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees; ``(B) a motion further to limit debate is in order and not debatable; ``(C) an amendment to, a motion to postpone, or a motion to recommit the covered bill is not in order; ``(D) a motion to proceed to the consideration of other business is not in order; ``(E) debate on any debatable motion or appeal in connection with a covered bill shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the covered bill, except that in the event the manager of the covered bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or a designee; and ``(F) it shall not be in order to move to reconsider the vote by which the covered bill is agreed to or disagreed to. ``(3) Vote on passage.--The vote on passage of a covered bill shall occur-- ``(A) immediately following the conclusion of the debate on the covered bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate; and ``(B) not later than the tenth day of continuous session of the Senate after the date on which the covered bill is introduced. ``(4) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a covered bill shall be decided without debate. ``(g) Rules Relating to Senate and House of Representatives.-- ``(1) Coordination with action by other house.--If, before the passage by one House of a covered bill of that House, that House receives from the other House a covered bill-- ``(A) the covered bill of the other House shall not be referred to a committee; and ``(B) with respect to the covered bill of the House receiving the resolution-- ``(i) the procedure in that House shall be the same as if no covered bill had been received from the other House; and ``(ii) the vote on passage shall be on the covered bill of the other House. ``(2) Engrossing.--If a covered bill is agreed to by the Senate or the House of Representatives, the Secretary of the Senate or the Clerk of the House of Representatives, respectively, shall cause the covered bill to be engrossed, certified, and transmitted to the other House of Congress on the same calendar day on which the covered bill is agreed to. ``(h) Suspension of Procedures.--In the Senate and the House of Representatives-- ``(1) a motion to suspend the application of this section shall not be in order; and ``(2) it shall not be in order to suspend the application of this section by unanimous consent.''. (b) Exercise of Rulemaking Powers.--Section 904 of such Act (2 U.S.C. 621 note) is amended-- (1) in subsection (a), by striking ``and 1017'' and inserting ``1013, and 1018''; and (2) in subsection (d), by striking ``section 101'' and inserting ``sections 1013 and 1018''. (c) Conforming Amendments.-- (1) Section 1011 of such Act (2 U.S.C. 682) 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 subsection (a)) is amended-- (A) by striking ``1012 or 1013'' each place it appears and inserting ``1012, 1013, or 1014''; (B) in subsection (b)-- (i) in the matter preceding paragraph (1), by striking ``1012 and 1013'' and inserting ``1012, 1013, and 1014''; (ii) in paragraph (1), by striking ``1012'' and inserting ``1012 or 1013''; and (iii) in paragraph (2), by striking ``1013'' and inserting ``1014''; and (C) in subsection (e)(1)-- (i) in subparagraph (A), by striking ``and'' at the end; (ii) by redesignating subparagraph (B) as subparagraph (C); (iii) in subparagraph (C) (as so redesignated), by striking ``1013'' and inserting ``1014''; and (iv) by inserting after subparagraph (A) the following: ``(B) he has transmitted a special message under section 1013 with respect to a Cuts, Consolidations, and Savings report; and''. (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.''. SEC. 3. TERMINATION. The authority provided by section 1013 of the Congressional Budget and Impoundment Control Act of 1974 (as added by section 2) shall terminate effective on the date of the sine die adjournment of Congress during 2018. | Expedited Consideration of Cuts, Consolidations, and Savings Act of 2015 This bill amends the Congressional Budget and Impoundment Control Act of 1974 to establish expedited procedures for congressional consideration of legislation to carry out recommendations included in the Office of Management and Budget's annual Cuts, Consolidations, and Savings report. The report lists proposals included in the President's budget to cut, consolidate, or otherwise produce savings from mandatory and discretionary spending programs. The authority provided by this bill terminates on the date of the sine die adjournment of Congress during 2018. |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE. (a) Short Title.--This Act may be cited as the ``Veterans Health Care Act of 2008''. (b) References.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment or repeal to a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 2. SPECIALIZED RESIDENTIAL CARE AND REHABILITATION FOR CERTAIN VETERANS. Section 1720 is amended by adding at the end the following new subsection: ``(g) The Secretary may contract with appropriate entities to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who the Secretary determines suffers from a traumatic brain injury, has an accumulation of deficits in activities of daily living and instrumental activities of daily living, and who, because of these deficits, would otherwise require admission to a nursing home even though such care would generally exceed the veteran's nursing needs.''. SEC. 3. REIMBURSEMENT FOR CERTAIN CONTINUING EDUCATION. Section 7411 is amended to read: ``The Secretary shall provide full-time board-certified physicians and dentists appointed under section 7401(1) of this title the opportunity to continue their professional education through VA sponsored continuing education programs. The Secretary may reimburse the physician or dentist up to $1,000 per year for continuing professional education not available through VA sources.''. SEC. 4. COPAYMENT EXEMPTION FOR HOSPICE CARE. (a) Section 1710(f)(1) is amended by adding ``(except if such care constitutes hospice care)'' after ``nursing home care''; (b) Section 1710(g)(1) is amended by adding ``(except if such care constitutes hospice care)'' after ``medical services''. SEC. 5. UPDATE OF VOLUNTARY HIV TESTING POLICY. Section 124 of the Veterans' Benefits and Services Act of 1988 (title I of Public Law 100-322, as amended; 38 U.S.C. 7333 note) is repealed. SEC. 6. DISCLOSURE OF MEDICAL RECORDS. (a) Limited Exception to Confidentiality of Medical Records.-- Section 5701 is amended by adding at the end the following new subsection: ``(l) Under regulations that the Secretary shall prescribe, the Secretary may disclose the name or address, or both, of any individual who is a present or former member of the Armed Forces, or who is a dependent of a present or former member of the Armed Forces, to a third party, as defined in section 1729(i)(3)(D) of this title, in order to enable the Secretary to collect reasonable charges under section 1729(a)(2)(E) of this title for care or services provided for a non- service-connected disability.''. (b) Disclosures From Certain Medical Records.--Section 7332(b)(2) is amended by adding at the end the following new subparagraph: ``(F) To a third party, as defined in section 1729(i)(3)(D) of this title, to collect reasonable charges under section 1729(a)(2)(E) of this title for care or services provided for a non-service-connected disability.''. SEC. 7. PERMANENT AUTHORITY TO CARRY OUT INCOME VERIFICATION. Section 5317 is amended by striking subsection (g). SEC. 8. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 2008, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114 of title 38, United States Code; (2) Additional compensation for dependents.--Each of the dollar amounts in effect under section 1115(1) of such title; (3) Clothing allowance.--The dollar amount in effect under section 1162 of such title; (4) New dic rates.--Each of the dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title; (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3) of such title; (6) Additional dic for surviving spouses with minor children.--The dollar amounts in effect under section 1311(b) of such title; (7) Additional dic for disability.--Each of the dollar amounts in effect under subsections (c) and (d) of section 1311 of such title; (8) Dic for dependent children.--Each of the dollar amounts in effect under sections 1313(a) and 1314 of such title; (c) Determination of Increase.-- (1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2008. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2008, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. (e) Publication of Adjusted Rates.--At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2009, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b), as increased pursuant to subsection (a). | Veterans Health Care Act of 2008 - Authorizes the Secretary of Veterans Affairs to contract to provide specialized residential care and rehabilitation services to a veteran of Operation Enduring Freedom or Operation Iraqi Freedom who suffers from a traumatic brain injury, has an accumulation of deficits in activities of daily living and instrumental activities of daily living and, because of these deficits, would otherwise require nursing home admission even though such care would generally exceed the veteran's nursing needs. Directs the Secretary to provide full-time board-certified physicians and dentists the opportunity to continue their professional education through VA sponsored continuing education programs. Authorizes (currently, directs) the Secretary to reimburse such physicians or dentists up to $1,000 per year for continuing professional education not available through VA sources. Exempts hospice care from requirements to pay a copayment in connection with hospital or nursing home care or medical services. Repeals a provision that prohibits the Secretary from performing widespread human immunodeficiency virus (HIV) testing but does allow voluntary testing of certain individuals. Authorizes the Secretary to disclose the name and address of present or former Armed Forces members and their dependents to collect charges for care or services provided for a non-service-connected disability. Removes provisions ending, on September 30, 2008, the Secretary's authority to obtain information from the Secretary of the Treasury or the Commissioner of Social Security under specified provisions of the Internal Revenue Code. Directs the Secretary to increase certain disability compensation and dependency and indemnity compensation amounts. |
SECTION 1. REQUIREMENTS FOR PHYSICIAN SUPERVISION OF THERAPEUTIC HOSPITAL OUTPATIENT SERVICES. (a) Therapeutic Hospital Outpatient Services.-- (1) Supervision requirements.--Section 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection: ``(z) Physician Supervision Requirements for Therapeutic Hospital Outpatient Services.-- ``(1) General supervision for therapeutic services.--Except as may be provided under paragraph (2), insofar as the Secretary requires the supervision by a physician or a non- physician practitioner for payment for therapeutic hospital outpatient services (as defined in paragraph (5)(A)) furnished under this part, such requirement shall be met if such services are furnished under the general supervision (as defined in paragraph (5)(B)) of the physician or non-physician practitioner, as the case may be. ``(2) Exceptions process for high-risk or complex medical services requiring higher levels of supervision.-- ``(A) In general.--Subject to the succeeding provisions of this paragraph, the Secretary shall establish a process for the designation of therapeutic hospital outpatient services furnished under this part that, by reason of complexity or high risk, require direct supervision (as defined in paragraph (5)(A)). ``(B) Consultation with clinical experts.-- ``(i) In general.--Under the process established under subparagraph (A), before the designation of any therapeutic hospital outpatient service for which direct supervision may be required under this part, the Secretary shall consult with a panel of outside experts described in clause (ii) to advise the Secretary with respect to each such designation. ``(ii) Advisory panel on supervision of therapeutic hospital outpatient services comprised of physicians and non-physician practitioners serving rural and other areas.-- For purposes of clause (i), a panel of outside experts described in this clause is a panel appointed by the Secretary, based on nominations submitted by hospital, rural health, and medical organizations representing physicians or non-physician practitioners, as the case may be, that meets the following requirements: ``(I) Composition.--The panel shall be composed of at least 15 physicians and non-physician practitioners who furnish therapeutic hospital outpatient services for which payment is made under this part and who collectively represent the medical specialties that furnish such services. ``(II) Practical experience.-- During the 12-month period preceding appointment to the panel by the Secretary, each physician or non- physician practitioner described in subclause (I) shall have furnished therapeutic hospital outpatient services for which payment was made under this part. ``(III) Minimum rural representation requirement.--Not less than 50 percent of the membership of the panel shall be physicians or non- physician practitioners described in subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D)) or who furnish such services in critical access hospitals. ``(C) Special rule for outpatient critical access hospital services.--Insofar as a therapeutic outpatient hospital service that is an outpatient critical access hospital service is designated as requiring direct supervision under the process established under subparagraph (A), the Secretary shall deem the critical access hospital furnishing that service as having met the requirement for direct supervision for that service if, when furnishing such service, the critical access hospital meets the standard for personnel required as a condition of participation under section 485.618(d) of title 42, Code of Federal Regulations (as in effect on January 1, 2010). ``(D) Consideration of compliance burdens.--Under the process established under subparagraph (A), the Secretary shall take into account the impact on hospitals and critical access hospitals in complying with requirements for direct supervision in the furnishing of therapeutic hospital outpatient services, including hospital resources, availability of hospital- privileged physicians, specialty physicians, and non- physician practitioners, and administrative burdens. ``(E) Requirement for notice and comment rulemaking.--Under the process established under subparagraph (A), the Secretary shall only designate therapeutic hospital outpatient services requiring direct supervision under this part through proposed and final rulemaking that provides for public notice and opportunity for comment. ``(3) Initial list of designated services.--The Secretary shall include in the proposed and final regulation for payment for hospital outpatient services for 2012 under this part a list of initial therapeutic hospital outpatient services, if any, designated under the process established under paragraph (2)(A) as requiring direct supervision under such part. ``(4) Direct supervision by non-physician practitioners for certain hospital outpatient services permitted.-- ``(A) In general.--Subject to the succeeding provisions of this subsection, a non-physician practitioner may directly supervise the furnishing of-- ``(i) therapeutic hospital outpatient services under this part, including cardiac rehabilitation services (under section 1861(eee)(1)), intensive cardiac rehabilitation services (under section 1861(eee)(4)), and pulmonary rehabilitation services (under section 1861(fff)(1)); and ``(ii) those hospital outpatient diagnostic services (described in section 1861(s)(2)(C)) that require direct supervision under the fee schedule established under section 1848. ``(B) Requirements.--Subparagraph (A) shall apply insofar as the non-physician practitioner involved meets the following requirements: ``(i) Scope of practice.--The non-physician practitioner is acting within the scope of practice under State law applicable to the practitioner. ``(ii) Additional requirements.--The non- physician practitioner meets such requirements as the Secretary may specify. ``(5) Definitions.--In this subsection: ``(A) Therapeutic hospital outpatient services.-- The term `therapeutic hospital outpatient services' means hospital services described in section 1861(s)(2)(B) furnished by a hospital or critical access hospital and includes-- ``(i) cardiac rehabilitation services and intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of section 1861(eee)); and ``(ii) pulmonary rehabilitation services (as defined in section 1861(fff)(1)). ``(B) General supervision.-- ``(i) Overall direction and control of physician.--Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term `general supervision' means such services are furnished under the overall direction and control of a physician or non-physician practitioner, as the case may be. ``(ii) Presence not required.--For purposes of clause (i), the presence of a physician or non-physician practitioner is not required during the performance of the procedure involved. ``(C) Direct supervision.-- ``(i) Provision of assistance and direction.--Subject to clause (ii), with respect to the furnishing of therapeutic hospital outpatient services for which payment may be made under this part, the term `direct supervision' means that a physician or non- physician practitioner, as the case may be, is able to furnish assistance and direction throughout the furnishing of such services and, in accordance with the policies, procedures, guidelines or bylaws of the hospital-- ``(I) with respect to such services furnished in the hospital, or in an on- campus department of such hospital, is present and on the same campus and immediately available (including by telephone or other means) to furnish such assistance and direction; or ``(II) with respect to such services furnished in an off-campus provider-based department of such hospital, is present in or in close proximity to such department and is immediately available (including by telephone or other means) to furnish such assistance and direction. ``(ii) Presence in room not required.--For purposes of clause (i), a physician or non- physician practitioner, as the case may be, is not required to be present in the room during the performance of the procedure involved. ``(D) Non-physician practitioner defined.--The term `non-physician practitioner' means an individual who-- ``(i) is a physician assistant, a nurse practitioner, a clinical nurse specialist, a clinical social worker, a clinical psychologist, a certified nurse midwife, or a certified registered nurse anesthetist, and includes such other practitioners as the Secretary may specify; and ``(ii) with respect to the furnishing of therapeutic outpatient hospital services, meets the requirements of paragraph (4)(B).''. (2) Conforming amendment.--Section 1861(eee)(2)(B) of the Social Security Act (42 U.S.C. 1395x(eee)(2)(B)) is amended by inserting ``, and a non-physician practitioner (as defined in section 1833(z)(5)(D)) may supervise the furnishing of such items and services in the hospital'' after ``in the case of items and services furnished under such a program in a hospital, such availability shall be presumed''. (b) Prohibition on Retroactive Enforcement of Revised Interpretation.-- (1) Repeal of regulatory clarification.--The restatement and clarification under the final rule making changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates (published in the Federal Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect to requirements for direct supervision by physicians for therapeutic hospital outpatient services (as defined in paragraph (3)) for purposes of payment for such services under the Medicare program shall have no force or effect in law. (2) Hold harmless.--A hospital or critical access hospital that furnishes therapeutic hospital outpatient services during the period beginning on January 1, 2001, and ending on December 31, 2011, for which a claim for payment is made under part B of title XVIII of the Social Security Act shall not be subject to any civil or criminal action or penalty under Federal law for failure to meet supervision requirements under the regulation described in paragraph (1), under program manuals, or otherwise. (3) Therapeutic hospital outpatient services defined.--In this subsection, the term ``therapeutic hospital outpatient services'' means medical and other health services furnished by a hospital or critical access hospital that are-- (A) hospital services described in subsection (s)(2)(B) of section 1861 of the Social Security Act (42 U.S.C. 1395x); (B) cardiac rehabilitation services or intensive cardiac rehabilitation services (as defined in paragraphs (1) and (4), respectively, of subsection (eee) of such section); or (C) pulmonary rehabilitation services (as defined in subsection (fff)(1) of such section). | Amends title XVIII (Medicare) of the Social Security Act to state that, except with respect to high-risk or complex medical services requiring direct levels of supervision, if the Secretary of Health and Human Services (HHS) requires supervision by a physician or non-physician practitioner for Medicare payment for therapeutic hospital outpatient services, that requirement is met if such services are furnished under the physician's or non-physician practitioner's general supervision. Directs the Secretary of HHS to establish a process for designating therapeutic hospital outpatient services for which direct supervision may be required. Declares without force or effect in law regarding Medicare requirements for direct supervision by physicians for therapeutic hospital outpatient services a specified restatement and clarification under the final rule making changes to the Medicare hospital outpatient prospective payment system and calendar year 2009 payment rates, which was published in the Federal Register on November 18, 2008. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sage-Grouse Protection and Conservation Act''. SEC. 2. GREATER SAGE-GROUSE PROTECTION AND CONSERVATION MEASURES. (a) Purposes.--The purposes of this section are-- (1) to allow States-- (A) to determine the appropriate management of sage-grouse species according to State-created conservation and management plans that address the key threats to sage-grouse species and the habitat of sage- grouse species within the States; and (B) to demonstrate that those Statewide plans can protect and recover sage-grouse species within the States; and (2) to require the Secretary to implement recommendations contained in Statewide plans for the management of sage-grouse species and the habitat of sage-grouse species on Federal land. (b) Definitions.--In this section: (1) Covered western state.--The term ``covered Western State'' means each of the States of California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. (2) National forest system land.--The term ``National Forest System land'' means the Federal land within the National Forest System, as described in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)). (3) Public land.--The term ``public land'' has the meaning given the term ``public lands'' in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702). (4) Sage-grouse species.--The term ``sage-grouse species'' means-- (A) the greater sage-grouse (Centrocercus urophasianus) (including all distinct population segments); and (B) the Gunnison sage-grouse (Centrocercus minimus). (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to public land. (6) Statewide plan.--The term ``Statewide plan'' means a conservation and management plan or plans developed and submitted to the Secretary by a covered Western State for the protection and recovery of any sage-grouse species and the habitat of the sage-grouse species within the covered Western State in response to invitations from the Secretary of the Interior in December 2011 to submit to the Secretary those plans. (c) Participation in State Planning Process.-- (1) List of designees.-- (A) In general.--Not later than 30 days after that date of receipt from a covered Western State of a notice described in subparagraph (B), the Secretary shall provide to the Governor of the covered Western State a list of designees of the Department of the Interior or the Department of Agriculture, as applicable, who will represent the Secretary in assisting in the development and implementation of the Statewide plan. (B) Description of notice.-- (i) In general.--A notice referred to in subparagraph (A) is a notice that a covered Western State-- (I) is initiating, or has previously initiated, development of a Statewide plan in accordance with clause (ii); or (II) has previously submitted to the Secretary a Statewide plan in accordance with clause (ii). (ii) Contents.--A notice under this subparagraph shall include-- (I) an invitation to the Secretary to participate in the development or implementation of the Statewide plan of the applicable covered Western State; and (II) a statement that the covered Western State-- (aa) has prepared or will prepare, by not later than 1 year after the date of submission of the notice, a Statewide plan that will protect and manage sage-grouse species and the habitat of sage-grouse species to the point that designation of sage- grouse species as a threatened or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is no longer necessary in the covered Western State; and (bb) will-- (AA) collect monitoring data such as sage-grouse species population trends, fuel reduction, predator control, invasive species control, the condition of sage- grouse species habitat, or other parameters that address the primary threats to sage-grouse species in the covered Western State to address how the threats identified in the Statewide plan are being reduced and how the objectives identified in the Statewide plan are being met; and (BB) provide to the Secretary relevant data regarding the health of sage-grouse species populations, the condition of sage- grouse species habitat, and activities relating to the implementation of the Statewide plan on an annual basis under this section. (iii) Timing.--To be eligible to participate in a planning process under this section, not later than 120 days after the date of enactment of this Act, a covered Western State shall submit to the Secretary a notice described in subparagraph (B). (2) Access to information.--Not later than 60 days after the date of receipt from a covered Western State of a notice described in paragraph (1)(B), the Secretary shall provide to the covered Western State all relevant scientific data, research, and information regarding sage-grouse species and habitat within the covered Western State for use by appropriate State personnel to assist the covered Western State in the development and implementation of the Statewide plan. (d) Recognition of Statewide Plan.--Notwithstanding any other provision of law or equity, if the Secretary receives from a covered Western State a Statewide plan by the date that is 1 year after the date of receipt of a notice under subsection (c)(1) from the covered Western State, the Secretary shall-- (1) when taking any action that could impact the sage- grouse species or the habitat of the species, manage all public land and National Forest System land within the covered Western State in accordance with the Statewide plan for a period of not less than 6 years, beginning on the date of submission to the Secretary of the Statewide plan in accordance with this section; (2) annually-- (A) review the Statewide plan using the best available science and data, using the objectives and goals contained in the Statewide plan as a measure of success; and (B) provide to the Governor of the covered Western State recommendations regarding improvement of the Statewide plan; (3) use the Statewide plan as the basis for all relevant determinations under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (4) permit and assist the covered Western State to implement adaptive management, if required by the Statewide plan, to respond to sage-grouse species conditions as indicated by monitoring data, meteorological conditions, or fire or other events necessitating adaptation of the Statewide plan; (5) require the covered Western State to submit to the Secretary annual reports regarding the implementation of the Statewide plan, including relevant data regarding-- (A) actions carried out pursuant to the Statewide plan; and (B) population trends, fuel reductions, predator control, invasive species control, the condition of sage-grouse habitat, and other parameters that address the primary threats to sage-grouse species in the covered Western State; (6) require the covered Western State-- (A) to monitor appropriate sage-grouse species and habitat data for a period of not less than 5 years, beginning on the date of submission of the Statewide plan; and (B) to submit to the Secretary, not later than 6 years after the date of submission of the Statewide plan and in accordance with applicable scientific protocols, a report that includes-- (i) a description of the status of implementation of the Statewide plan and progress made in achieving the objectives and goals of the Statewide plan, including relevant data regarding sage-grouse species population trends, fuel reductions, predator control, invasive species control, the condition of sage-grouse species habitat, and other parameters that address the primary threats to sage-grouse in the covered Western State; (ii) an estimate of additional time needed, if any, for implementation of the Statewide plan; and (iii) necessary modifications to the Statewide plan to enhance the achievement of the objectives and goals of the Statewide plan; and (7) assist the covered Western State in monitoring and collecting relevant data on Federal land to assess sage-grouse species population trends, fuel reductions, predator control, invasive species control, the condition of sage-grouse species habitat, and other parameters that address the primary threats to sage-grouse in the covered Western State. (e) Secretarial Actions.--Notwithstanding any other provision of law, not later than 30 days after the date of receipt of a Statewide plan under this section, and annually thereafter during the period in which the Secretary determines that the applicable covered Western State is implementing the Statewide plan, the Secretary shall-- (1) take necessary steps to maintain or restore the candidate species status for any sage-grouse species in the covered Western State under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), for a period of not less than 6 years-- (A) to allow for appropriate monitoring and collection of data; and (B) to assess the achievement of the objectives of the Statewide plan; (2) stay any land use planning activities relating to Federal management of sage-grouse species on public land or National Forest System land within the covered Western State; (3) take immediate action to amend all Federal land use plans under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) to comply with the Statewide plan with respect to that covered Western State; (4) manage all public land and National Forest System land with habitat for any sage-grouse species in the covered Western State in a manner consistent with sections 102(a)(12) and 103(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(12), 1702(c)) and section 4 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1602); (5) immediately reverse any withdrawals or land use restrictions carried out for purposes of protecting or conserving sage-grouse on public land or National Forest System land that are not consistent with a Statewide plan; and (6) use State annual reports regarding the implementation of the Statewide plans submitted to the Secretary under subsection (d)(5) to prepare the annual Candidate Notice of Review of the Secretary pursuant to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (f) Existing State Plans.--The Secretary shall-- (1) give effect to a Statewide conservation and management plan for the protection and recovery of sage-grouse species within a covered Western State that is submitted by the covered Western State and approved or endorsed by the United States Fish and Wildlife Service before the date of enactment of this Act; and (2) for purposes of subsections (d) and (e), treat such a plan as a Statewide plan in accordance with that subsection. (g) Actions Pursuant to NEPA.--An action proposed to be carried out pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in a covered Western State may not be denied or restricted solely on the basis of the presence or protection of sage- grouse species in the covered Western State, if the action is consistent with the Statewide plan of the covered Western State. (h) Authority To Extend Plan Implementation.--On review of the report of a covered Western State under subsection (d)(6)(B), the Secretary may extend the provisions of this Act for a period not to exceed an additional 6 years with the consent of the covered Western State. SEC. 3. RANGELAND FIRE PREVENTION, MANAGEMENT, AND RESTORATION. The Secretary of the Interior shall for a period of not less than 6 years, beginning on the date of enactment of this Act, fully implement the order of the Secretary numbered 3336 and dated January 5, 2015, to prevent and suppress rangeland fire and restore sagebrush landscapes impacted by fire across the Western United States, including controlling the spread of invasive species in landscapes impacted by fire. | Sage-Grouse Protection and Conservation Act This bill addresses the management of the greater sage-grouse (Centrocercus urophasianus) and the Gunnison sage-grouse (Centrocercus minimus) in California, Colorado, Idaho, Montana, Nevada, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. If the Department of Agriculture (USDA) or the Department of the Interior receives, or has already received, from one of those states a statewide conservation and management plan for the protection and recovery of those sage-grouse species, the appropriate department must take steps during the next six years to: (1) allow for appropriate monitoring and collection of data, and (2) assess the state plan's success. The appropriate department must: (1) share data with states and assist them in developing and implementing plans; (2) require states that opt to have plans in lieu of federal endangered species plans to monitor and report on relevant data, including population trends; (3) use statewide plans as the basis for all relevant determinations under the National Environmental Policy Act of 1969; and (4) stay any land use planning activities relating to federal management of sage-grouse species on public land or National Forest System land within those states that have plans. The appropriate department may extend the provisions of the bill for six more years with the consent of the relevant state. Interior must fully implement for at least six years Secretarial Order 3336 to prevent and suppress rangeland fire and restore sagebrush landscapes impacted by fire across the Western United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Choice Act''. SEC. 2. DESIGNATION OF INCOME TAX PAYMENTS TO THE HOUSE OF REPRESENTATIVES GENERAL ELECTION TRUST FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end the following new part: ``PART IX--DESIGNATION OF INCOME TAX PAYMENTS TO BE USED FOR THE HOUSE OF REPRESENTATIVES GENERAL ELECTION TRUST FUND. ``Sec. 6097. Designation by individuals. ``SEC. 6097. DESIGNATION BY INDIVIDUALS. ``(a) In General.--Every individual whose adjusted income tax liability for the taxable year is $5 or more may designate that $5 shall be paid over to the House of Representatives General Election Trust Fund. The first page of the return of the taxpayer, or the page bearing the taxpayer's signature, shall include a place for designating the Democratic Party, the Republican Party, or, as written in by the taxpayer, any other political party as recipient of the amount designated. ``(b) Adjusted Income Tax Liability.--For purposes of this section, the adjusted income tax liability of an individual is the tax liability of such individual (as determined under subsection (b) of section 6096) for the taxable year reduced by the amount designated under section 6096 (relating to designation of income tax payments to the Presidential Election Campaign Fund) for such taxable year. ``(c) Joint Returns.--In the case of a joint return showing an adjusted income tax liability of $10 or more, each spouse may designate that $5 shall be paid over to the House of Representatives General Election Trust Fund. ``(d) Manner and Time of Designation.--Subsection (c) of section 6096 shall apply to the manner and time of the designation under this section.''. (b) Clerical Amendment.--The table of parts for such subchapter A is amended by adding at the end the following new item: ``Part IX. Designation of income tax payments to be used for the House of Representatives General Election Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1996. SEC. 3. ESTABLISHMENT OF THE HOUSE OF REPRESENTATIVES GENERAL ELECTION TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to Trust Fund Code) is amended by adding at the end the following new section: ``SEC. 9512. HOUSE OF REPRESENTATIVES GENERAL ELECTION 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 `House of Representatives General Election 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) Accounts.--The trust fund shall consist of one account for each political party in each congressional district. The amounts designated under section 6097 (relating to designation by individuals) shall be deposited in the appropriate accounts and shall be paid to certified House candidates (as defined in subsection (d)) at such time and in such manner as the Secretary may prescribe (in consultation with the Federal Election Commission) for the political parties and congressional districts of residence of the individuals making the designation. ``(c) Transfer to Fund of Amounts Designated by Individuals.--There is hereby appropriated to the House of Representatives General Election Trust Fund amounts equivalent to the amounts designated under section 6097. ``(d) Certified House Candidates Defined.--In this section, a `certified House candidate' means a candidate in a general election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified by the Federal Election Commission under section 323 of the Federal Election Campaign Act of 1971 as eligible to accept payments under this section. ``(e) Treatment of Amounts Remaining After Election.--Any amount remaining in an account after all expenditures are made with respect to an election (including any runoff election subsequent to a general election) shall be deposited in the general fund of the Treasury.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end the following new item: ``Sec. 9512. House of Representatives General Election Trust Fund.''. SEC. 4. REQUIREMENTS FOR HOUSE OF REPRESENTATIVES CANDIDATES WHO ACCEPT AMOUNTS FROM HOUSE OF REPRESENTATIVES GENERAL ELECTION TRUST FUND. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.) is amended by adding at the end the following new section: ``requirements for house general election candidates who accept amounts from house of representatives general election campaign trust fund ``Sec. 323. (a) In General.-- ``(1) Certification.--The Commission shall certify that a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress in a general election is eligible to accept payments from the appropriate account of the House of Representatives General Election Trust Fund under section 9512 of the Internal Revenue Code of 1986 if the candidate certifies the following (at such time and in such form and manner as the Commission may require): ``(A) The candidate has received contributions totaling not less than $60,000 (of which not more than $1,000 may be from the personal funds of the candidate) with respect to the election. ``(B) The candidate will not furnish (by contribution, loan, or otherwise) more than $20,000 with respect to the election from the personal funds of the candidate. ``(C) Subject to paragraph (2), the candidate will not make expenditures (including funds from the House of Representatives General Election Trust Fund) with respect to the election totaling more than $600,000. ``(2) Waiver of expenditure limits for certain candidates.--The Commission shall waive the application of paragraph (1)(C) to a candidate if the candidate's opponent in the general election-- ``(A) is not certified with respect to the election under this section; and ``(B) has accepted contributions with respect to the election totaling not less than $100,000 or has made expenditures with respect to the election totaling not less than $100,000. ``(b) Enforcement.-- ``(1) Audit of reports.--The Commission may audit campaign reports submitted under this Act to assure compliance with the requirements of this section. ``(2) Penalty for excess expenditures.--In the case of a violation of the expenditure limit provided under subsection (a)(1)(C), the Commission shall impose a civil penalty in an amount equal to not less than the amount of the excess expenditure and not more than four times the amount of the excess expenditure, except that, in the case of an inadvertent violation, the Commission shall impose a civil penalty in an amount equal to the amount of the excess expenditure. ``(c) Coordination With Secretary of the Treasury.--The Commission shall transmit to the Secretary of the Treasury the names of candidates certified under this section, together with such other information as may be required to enable the Secretary to carry out section 9512 of the Internal Revenue Code of 1986.''. (b) Effective Date.--The amendment made by this section shall apply to elections occurring after December 31, 1996. SEC. 5. LIMITATION ON CERTAIN LOANS BY HOUSE OF REPRESENTATIVES GENERAL ELECTION CANDIDATES. (a) In General.--Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 301 et seq.), as amended by section 4, is further amended by adding at the end the following new section: ``limitation on certain loans by house of representatives general election candidates ``Sec. 324. A general election candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress may not make loans totaling more than $50,000 to any campaign committee of the candidate with respect to the election.''. (b) Effective Date.--The amendment made by this section shall apply to elections occurring after December 31, 1996. | Citizens' Choice Act - Amends the Internal Revenue Code to: (1) allow an individual to designate five dollars for payment to the House of Representatives General Election Trust Fund (the Fund); (2) permit the individual to direct such payment to any political party; and (3) establish such Fund in the Treasury. Amends the Federal Election Campaign Act of 1971 to: (1) set forth requirements for House of Representatives candidates who accept amounts from such Fund; and (2) prohibit any House of Representatives candidate from making loans totaling more than $50,000 to any campaign committee of the candidate. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``End Abuse in Later Life Act of 2011''. SEC. 2. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE. (a) In General.--Subtitle H of the Violence Against Women Act of 1994 (42 U.S.C. 14041 et seq.) is amended to read as follows: ``Subtitle H--Enhanced Training and Services to End Abuse Later in Life ``SEC. 40801. ENHANCED TRAINING AND SERVICES TO END ABUSE IN LATER LIFE. ``(a) Purposes.--The purposes of this section are to-- ``(1) provide training, consultation, and information on abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; ``(2) create or enhance direct services to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and ``(3) create or support coordinated community response to abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect. ``(b) Definitions.--In this section-- ``(1) the term `exploitation' has the meaning given the term in the section 2011 of the Social Security Act (42 U.S.C. 1397j); ``(2) the term `later life', relating to an individual, means the individual is 50 years of age or older; and ``(3) the term `neglect' means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an individual in later life. ``(c) Grant Program.-- ``(1) Grants authorized.--The Attorney General, through the Director of the Office on Violence Against Women, may make grants to eligible entities to carry out the activities described in paragraph (2). ``(2) Mandatory and permissible activities.-- ``(A) Mandatory activities.--An eligible entity receiving a grant under this section shall use the funds received under the grant to-- ``(i) provide training programs to assist law enforcement agencies, prosecutors, agencies of States or units of local government, population-specific organizations, victims service providers, victim advocates, and relevant officers in Federal, Tribal, State, Territorial, and local courts in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; ``(ii) provide or enhance services for victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; ``(iii) establish or support multidisciplinary collaborative community responses to victims of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and ``(iv) conduct cross-training for law enforcement agencies, prosecutors, agencies of States or units of local government, attorneys, health care providers, population-specific organizations, faith-based advocates, victims service providers, and courts to better serve victims of abuse in later life, domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect. ``(B) Permissible activities.--An eligible entity receiving a grant under this section may use the funds received under the grant to-- ``(i) provide training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of abuse in later life, including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect; and ``(ii) conducting outreach activities and public awareness campaigns to ensure that victims of abuse in later life (including domestic violence, dating violence, sexual assault, stalking, exploitation, and neglect) receive appropriate assistance. ``(C) Limitation.--An eligible entity receiving a grant under this section may use not more than 10 percent of the total funds received under the grant for an activity described in subparagraph (B)(ii). ``(3) Eligible entities.--An entity shall be eligible to receive a grant under this section if-- ``(A) the entity is-- ``(i) a State; ``(ii) a unit of local government; ``(iii) an Indian Tribal government or Tribal organization; ``(iv) a population-specific organization with demonstrated experience in assisting individuals over 50 years of age; ``(v) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or ``(vi) a State, Tribal, or Territorial domestic violence or sexual assault coalition; and ``(B) the entity demonstrates that the entity is a part of a multidisciplinary partnership that includes, at a minimum-- ``(i) a law enforcement agency; ``(ii) a prosecutor's office; ``(iii) a victim service provider; and ``(iv) a nonprofit program or government agency with demonstrated experience in assisting individuals in later life. ``(4) Underserved populations.--In making grants under this section, the Attorney General shall give priority to proposals providing population-specific services to racial and ethnic minorities and other underserved populations. ``(5) Authorization of appropriations.-- ``(A) In general.--There are authorized to be appropriated to carry out this subsection $10,000,000 for each of fiscal years 2012 through 2016. ``(B) Requirement.--Amounts appropriated pursuant to subparagraph (A) shall remain available until expended and may only be used for the activities described in this subsection. ``(C) Allocation of funds.-- ``(i) Administrative costs.--Of the amount appropriated pursuant to subparagraph (A) in each fiscal year, the Attorney General may use not more than 2.5 percent for administration and monitoring of grants made under this subsection. ``(ii) Evaluation.--Of the amount appropriated pursuant to subparagraph (A) in each fiscal year the Attorney General may use not more than 5 percent for contracts or cooperative agreements with entities with demonstrated expertise in program evaluation, to evaluate programs under this subsection. ``(d) Research.-- ``(1) In general.--The Attorney General, in consultation with the Secretary of Health and Human Services, shall conduct research to promote understanding of, prevention of, and response to abuse in later life, including domestic violence, sexual abuse, dating violence, stalking, exploitation, and neglect. ``(2) Authorization of appropriations.--There are authorized to be appropriated to carry out paragraph (1) $3,000,000 for each of fiscal years 2012 through 2016.''. (b) Definition.--Section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)) is amended-- (1) by striking paragraph (9); (2) by redesignating paragraphs (1) through (8) as paragraphs (2) through (9), respectively; and (3) by inserting before paragraph (2), as redesignated, the following: ``(1) Abuse in later life.--The term `abuse in later life' means any action against a person who is 50 years of age or older that constitutes the willful-- ``(A) infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or ``(B) deprivation by a person, including a caregiver, of goods or services with intent to cause physical harm, mental anguish, or mental illness.''. (c) Technical and Conforming Correction.--The table of contents in section 2 of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796) is amended in the table of contents by inserting after the item relating to section 40703 the following: ``Subtitle H--Enhanced Training and Services to End Abuse Later in Life ``Sec. 40801. Enhance training and services to end abuse later in life.''. | End Abuse in Later Life Act of 2011 - Amends the Violence Against Women Act of 1994 to authorize appropriations for and revise provisions governing the grant program to end abuse of individuals age 50 and over that is authorized to be conducted by the Attorney General through the Director of the Office of Violence Against Women. Makes currently listed activities mandatory for grant recipients and sets forth as additional permissible activities: (1) providing training programs to assist attorneys, health care providers, faith-based leaders, or other community-based organizations in recognizing and addressing instances of such abuse; and (2) conducting outreach activities and public awareness campaigns to ensure that abuse victims receive appropriate assistance. Includes as eligible entities: (1) a population-specific organization with demonstrated experience in assisting individuals over 50 years of age; (2) a victim service provider with demonstrated experience in addressing domestic violence, dating violence, sexual assault, and stalking; or (3) a state, tribal, or territorial domestic violence or sexual assault coalition. Requires each eligible entity to demonstrate that it is a part of a multidisciplinary partnership that includes a law enforcement agency, a prosecutor's office, a victim service provider, and a nonprofit program or government agency with demonstrated experience in assisting individuals in later life. Directs the Attorney General to: (1) give priority to proposals providing population-specific services to racial and ethnic minorities and other underserved populations; and (2) conduct research to promote understanding of, prevention of, and response to abuse in later life. Amends the Violence Against Women Act of 1994 to replace the term "elder law" with "abuse in later life." |
SECTION 1. LAND TRANSFER FOR HOLLOMAN AIR FORCE BASE. (a) In General.--Subject to subsections (c) through (g), not later than 90 days after the date of enactment of this Act, the Secretary of the Interior shall transfer to the Department of the Air Force, without reimbursement, jurisdiction and control of approximately 1,262 acres of public lands described in subsection (b). Such public lands are located in Otero County, New Mexico, and are contiguous to Holloman Air Force Base. (b) Description of Lands Transferred.--The lands described in this subsection are as follows: (1) T17S, R8E, Section 21: S\1/2\ N\1/2\: 160 acres E\1/2\ NW\1/4\ NE\1/4\: 20 acres NE\1/4\ NE\1/4\: 40 acres (2) T17S, R8E, Section 22: W\1/2\: 320 acres W\1/2\ E\1/2\: 160 acres (3) T17S, R8E, Section 27: All that part north of New 192 acres more or less Mexico Highway 70 except for the E\1/2\ E\1/2\: (4) T17S, R8E, Section 28: NE\1/4\: 160 acres N\1/2\ SE\1/4\: 80 acres SW\1/4\ SE\1/4\: 40 acres W\1/2\ SE\1/4\ SE\1/4\: 20 acres (5) T17S, R8E, Section 33: NW\1/4\ NE\1/4\: 40 acres NW\1/4\ NE\1/4\ NE\1/4\: 10 acres W\1/2\ SW\1/4\ NE\1/4\: 20 acres (c) Use of Transferred Land.--The lands transferred to the Department of the Air Force under subsection (a) shall be used by the Secretary of the Air Force for the construction of new evaporation ponds to support a wastewater treatment facility that the Secretary shall construct at Holloman Air Force Base. (d) Cattle Grazing Rights.-- (1) In general.--The United States recognizes a grazing preference on the lands transferred to the Department of the Air Force under subsection (a). (2) Adjustment of grazing allotment.--(A) The Secretary of the Air Force shall take such action as is necessary to ensure that-- (i) the boundary of the grazing allotment that contains the lands transferred to the Department of the Air Force is adjusted in such manner as to retain the portion of the allotment located south of United States Highway 70 in New Mexico and remove the portion of the lands that is located north of such highway; and (ii) the grazing preference referred to in paragraph (1) is retained by means of transferring the preference for the area removed from the allotment under subparagraph (A) to public lands located south of such highway. (B) The Secretary of the Air Force shall offer to enter into an agreement with each person who holds a permit for grazing on the lands transferred to the Department of the Air Force at the time of the transfer to provide for the continued grazing by livestock on the portion of the lands located south of such highway. (e) Additional Requirements.-- (1) National environmental policy act of 1969.--The Secretary of the Air Force shall ensure that the transfer made pursuant to subsection (a) and the use specified in subsection (c) meet any applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Environmental laws.--The Secretary of the Air Force shall use and manage the lands transferred under the authority in subsection (a) in such manner as to ensure compliance with applicable environmental laws (including regulations) of the Federal Government and State of New Mexico, and political subdivisions thereof. (3) Responsibility for cleanup of hazardous substances.-- Notwithstanding any other provision of law, the Secretary of the Air Force shall, upon the transfer of the lands under subsection (a), assume any existing or subsequent responsibility and liability for the cleanup of hazardous substances (as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14))) located on or within the lands transferred. (4) Mining.--The transfer of lands under subsection (a) shall be made in such manner as to ensure the continuation of valid, existing rights under the mining laws and the mineral leasing and geothermal leasing laws of the United States. Subject to the preceding sentence, upon the transfer of the lands, mining and mineral management activities shall be carried out in the lands in a manner consistent with the policies of the Department of Defense concerning mineral exploration and extraction on lands under the jurisdiction of the Department. (f) Rights-Of-Way.--The transfer of lands under subsection (a) shall not affect the following rights-of-way: (1) The right-of-way granted to the Otero County Electric Cooperative, numbered NMNM 58293. (2) The right-of-way granted to U.S. West Corporation, numbered NMNM 59261. (3) The right-of-way granted to the Highway Department of the State of New Mexico, numbered LC0 54403. (g) Public Access.-- (1) In general.--Except as provided in paragraph (2), the Secretary of the Air Force shall permit public access to the lands transferred under subsection (a). (2) Construction site.--The Secretary of the Air Force may not permit public access to the immediate area affected by the construction of a wastewater treatment facility in the area with the legal description of T17S, R8E, Section 22, except that the Secretary of the Air Force shall permit public access on an adjoining unfenced parcel of land-- (A) located along the west boundary of such area; and (B) that is 50 feet in width. (3) Public uses.--Except as provided in paragraph (2), the Secretary of the Air Force shall permit, on the lands transferred under subsection (a), public uses that are consistent with the public uses on adjacent lands under the jurisdiction of the Secretary of the Interior. (4) Permit not required.--The Secretary of the Air Force may not require a permit for access authorized under this subsection to the lands transferred under subsection (a). (5) Entry gate.--The Secretary of the Air Force shall ensure that the entry gate to the lands transferred under subsection (a) that is located along United States Highway 70 shall be open to the public. | Directs the Secretary of the Interior to transfer to the Department of the Air Force jurisdiction and control of specified public lands located in Otero County, New Mexico, contiguous to Holloman Air Force Base to be used by the Secretary of the Air Force (Secretary) for the construction of new evaporation ponds to support a wastewater treatment facility at the Base. Sets forth provisions regarding: (1) existing grazing rights on the transferred lands and the adjustment of grazing allotments; (2) compliance with environmental laws with respect to the use and management of such lands; (3) responsibility and liability for the cleanup of hazardous substances on such transferred lands; (4) mining; (5) rights-of-way; and (6) public access and uses. Prohibits the Secretary from requiring a permit for public access to such lands. Directs the Secretary to ensure that the entry gate to the transferred lands located along U.S. Highway 70 is open to the public. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mammography Quality Standards Reauthorization Act''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Subparagraphs (A) and (B) of section 354(r)(2) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are each amended by striking ``1997'' and inserting ``2002''. (b) Technical Amendment.--Section 354(r)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(r)(2)(A)) is amended by striking ``subsection (q)'' and inserting ``subsection (p)''. SEC. 3. APPLICATION OF CURRENT VERSION OF APPEAL REGULATIONS. Section 354(d)(2)(B) of the Public Health Service Act (42 U.S.C. 263b(d)(2)(B)) is amended by striking ``and in effect on the date of enactment of this section''. SEC. 4. CLARIFICATION OF FACILITIES' RESPONSIBILITY TO RETAIN MAMMOGRAM RECORDS. Section 354(f)(1)(G) of the Public Health Service Act (42 U.S.C. 263b(f)(1)(G)) is amended by striking clause (i) and inserting the following: ``(i) a facility that performs any mammogram-- ``(I) except as provided in subclause (II), maintain the mammogram in the permanent medical records of the patient for a period of not less than 5 years, or not less than 10 years if no additional mammograms of such patient are performed at the facility, or longer if mandated by State law; and ``(II) upon the request of or on behalf of the patient, forward the mammogram to a medical institution or a physician of the patient; and''. SEC. 5. SCOPE OF INSPECTIONS. Section 354(g)(1)(A) of the Public Health Service Act (42 U.S.C. 263b(g)(1)(A)) is amended in the first sentence-- (1) by striking ``certified''; and (2) by inserting ``the certification requirements under subsection (b) and'' after ``compliance with''. SEC. 6. CLARIFICATION OF AUTHORITY TO DELEGATE INSPECTION RESPONSIBILITY TO LOCAL GOVERNMENT AGENCIES. Section 354 of the Public Health Service Act (42 U.S.C. 263b) is amended-- (1) in subsections (a)(4), (g)(1), (g)(3), and (g)(4), by inserting ``or local'' after ``State'' each place it appears; (2) in the heading of subsection (g)(3), by inserting ``or local'' after ``state''; and (3) in subsection (i)(1)(D)-- (A) by inserting ``or local'' after ``State'' the first place it appears; and (B) by inserting ``or local agency'' after ``State'' the second place it appears. SEC. 7. PATIENT NOTIFICATION CONCERNING HEALTH RISKS. (a) Requirement.--Section 354(h) of the Public Health Service Act (42 U.S.C. 263b(h)) is amended-- (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Patient information.--If the Secretary determines that the quality of mammography performed by a facility (whether or not certified pursuant to subsection (c)) was so inconsistent with the quality standards established pursuant to subsection (f) as to present a significant risk to individual or public health, the Secretary may require such facility to notify patients who received mammograms at such facility, and their referring physicians, of the deficiencies presenting such risk, the potential harm resulting, appropriate remedial measures, and such other relevant information as the Secretary may require.''. (b) Civil Money Penalty.--Section 354(h)(3) of the Public Health Service Act (42 U.S.C. 263b(h)(3)), as so redesignated, is amended-- (1) by striking ``and'' at the end of subparagraph (B); (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: ``(C) each failure to notify a patient of risk as required by the Secretary pursuant to paragraph (2), and''. SEC. 8. REQUIREMENT TO COMPLY WITH INFORMATION REQUESTS. Section 354(i)(1)(C) of the Public Health Service Act (42 U.S.C. 263b(i)(1)(C)) is amended-- (1) by inserting after ``Secretary'', the first place it appears ``(or of an accreditation body approved pursuant to subsection (e))''; and (2) by inserting after ``Secretary'', the second place it appears ``(or such accreditation body or certifying entity)''. SEC. 9. ADJUSTMENT TO SEVERITY OF SANCTIONS. Section 354(i)(2)(A) of the Public Health Service Act (42 U.S.C. 263b(i)(2)(A)) is amended by striking ``makes the finding'' and all that follows and inserting the following: ``has reason to believe that the circumstance of the case will support one or more of the findings described in paragraph (1) and that-- ``(i) the failure or violation was intentional, or ``(ii) the failure or violation presents a serious risk to human health.''. SEC. 10. TECHNICAL AMENDMENT. Section 354(q)(4)(B) of the Public Health Service Act (42 U.S.C. 263b(q)(4)(B)) is amended by striking ``accredited'' and inserting ``certified''. | Mammography Quality Standards Reauthorization Act - Amends the Public Health Service Act to authorize appropriations to carry out provisions relating to the certification of mammography facilities. Requires that appeals from certification denials follow procedures in effect at that time (currently, in effect on a specified date). Modifies mammogram record retention requirements. Allows inspection of facilities (currently, certified facilities) for compliance with certification requirements and mammography quality standards (currently, compliance with mammography quality standards). Allows inspections to be conducted by a local agency on behalf of the Secretary of Health and Human Services. Empowers the Secretary to require a facility to notify patients who received mammograms if the Secretary determines the quality was so inconsistent with standards as to present a significant risk to the individual or public health. Authorizes civil money penalties for failure to comply. Allows certificate suspension or revocation for a failure to comply with an accreditation body's requests for records or materials. Modifies requirements for certification suspension before holding a hearing. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Services Regulatory Relief Amendments Act of 2006''. SEC. 2. AMENDMENTS RELATING TO NONFEDERALLY INSURED CREDIT UNIONS. (a) In General.--Subsection (a) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t(a)) is amended by adding at the end the following new paragraph: ``(3) Enforcement by appropriate state supervisor.--Any appropriate State supervisor of a private deposit insurer, and any appropriate State supervisor of a depository institution which receives deposits that are insured by a private deposit insurer, may examine and enforce compliance with this subsection under the applicable regulatory authority of such supervisor.''. (b) Amendment Relating to Disclosures Required, Periodic Statements and Account Records.--Section 43(b)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(b)(1)) is amended by striking ``or similar instrument evidencing a deposit'' and inserting ``or share certificate''. (c) Amendments Relating to Disclosures Required, Advertising, Premises.--Section 43(b)(2) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(b)(2)) is amended to read as follows: ``(2) Advertising; premises.-- ``(A) In general.--Include clearly and conspicuously in all advertising, except as provided in subparagraph (B); and at each station or window where deposits are normally received, its principal place of business and all its branches where it accepts deposits or opens accounts (excluding automated teller machines or point of sale terminals), and on its main Internet page, a notice that the institution is not federally insured. ``(B) Exceptions.--The following need not include a notice that the institution is not federally insured: ``(i) Statements or reports of financial condition of the depository institution that are required to be published or posted by State or Federal law or regulation. ``(ii) Any sign, document, or other item that contains the name of the depository institution, its logo, or its contact information, but only if the sign, document, or item does not include any information about the institution's products or services or information otherwise promoting the institution. ``(iii) Small utilitarian items that do not mention deposit products or insurance if inclusion of the notice would be impractical.''. (d) Amendments Relating to Acknowledgment of Disclosure.--Section 43(b)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1831t(b)(3)) is amended to read as follows: ``(3) Acknowledgment of disclosure.-- ``(A) New depositors obtained other than through a conversion or merger.--With respect to any depositor who was not a depositor at the depository institution before the effective date of the Financial Services Regulatory Relief Amendments Act of 2006, and who is not a depositor as described in subparagraph (B), receive any deposit for the account of such depositor only if the depositor has signed a written acknowledgment that-- ``(i) the institution is not federally insured; and ``(ii) if the institution fails, the Federal Government does not guarantee that the depositor will get back the depositor's money. ``(B) New depositors obtained through a conversion or merger.--With respect to a depositor at a federally insured depository institution that converts to, or merges into, a depository institution lacking Federal insurance after the effective date of the Financial Services Regulatory Relief Amendments Act of 2006, receive any deposit for the account of such depositor only if-- ``(i) the depositor has signed a written acknowledgment described in subparagraph (A); or ``(ii) the institution makes an attempt, as described in subparagraph (D) and sent by mail no later than 45 days after the effective date of the conversion or merger, to obtain the acknowledgment. ``(C) Current depositors.--Receive any deposit after the effective date of the Financial Services Regulatory Relief Amendments Act of 2006 for the account of any depositor who was a depositor on that date only if-- ``(i) the depositor has signed a written acknowledgment described in subparagraph (A); or ``(ii) the institution makes an attempt, as described in subparagraph (D) and sent by mail no later than 45 days after the effective date of the Financial Services Regulatory Relief Amendments Act of 2006, to obtain the acknowledgment. ``(D) Alternative provision of notice to current depositors and new depositors obtained through a conversion or merger.-- ``(i) In general.--Transmit to each depositor who has not signed a written acknowledgment described in subparagraph (A)-- ``(I) a conspicuous card containing the information described in clauses (i) and (ii) of subparagraph (A), and a line for the signature of the depositor; and ``(II) accompanying materials requesting the depositor to sign the card, and return the signed card to the institution.''. (e) Repeal of Provision Prohibiting Nondepository Institutions From Accepting Deposits.--Section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended-- (1) by striking subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively. (f) Repeal of Provision Concerning Nondepository Institutions Masquerading as Depository Institutions and Clarification of Depository Institutions Covered by the Statute.--Subsection (e)(2) (as so redesignated by subsection (e) of this section) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as follows: ``(2) Depository institution.--The term `depository institution'-- ``(A) includes any entity described in section 19(b)(1)(A)(iv) of the Federal Reserve Act; and ``(B) does not include any national bank, State member bank, or Federal branch.''. (g) Repeal of FTC Authority to Enforce Independent Audit Requirement; Concurrent State Enforcement.--Subsection (f) (as so redesignated by subsection (e) of this section) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t) is amended to read as follows: ``(f) Enforcement.-- ``(1) Limited ftc enforcement authority.--Compliance with the requirements of subsections (b) and (c), and any regulation prescribed or order issued under any such subsection, shall be enforced under the Federal Trade Commission Act by the Federal Trade Commission. ``(2) Broad state enforcement authority.-- ``(A) In general.--Subject to subparagraph (C), an appropriate State supervisor of a depository institution lacking Federal deposit insurance may examine and enforce compliance with the requirements of this section, and any regulation prescribed under this section. ``(B) State powers.--For purposes of bringing any action to enforce compliance with this section, no provision of this section shall be construed as preventing an appropriate State supervisor of a depository institution lacking Federal deposit insurance from exercising any powers conferred on such official by the laws of such State. ``(C) Limitation on state action while federal action pending.--If the Federal Trade Commission has instituted an enforcement action for a violation of this section, no appropriate State supervisor may, during the pendency of such action, bring an action under this section against any defendant named in the complaint of the Commission for any violation of this section that is alleged in that complaint.''. SEC. 3. CLARIFICATION OF SCOPE OF APPLICABLE RATE PROVISION. Section 44(f) of the Federal Deposit Insurance Act (12 U.S.C. 1831u(f)) is amended by adding at the end the following new paragraphs: ``(3) Other lenders.--In the case of any other lender doing business in the State described in paragraph (1), the maximum interest rate or amount of interest, discount points, finance charges, or other similar charges that may be charged, taken, received, or reserved from time to time in any loan, discount, or credit sale made, or upon any note, bill of exchange, financing transaction, or other evidence of debt issued to or acquired by any other lender shall be equal to not more than the greater of the rates described in subparagraph (A) or (B) of paragraph (1). ``(4) Other lender defined.--For purposes of paragraph (3), the term `other lender' means any person engaged in the business of selling or financing the sale of personal property (and any services incidental to the sale of personal property) in such State, except that, with regard to any person or entity described in such paragraph, such term does not include-- ``(A) an insured depository institution; or ``(B) any person or entity engaged in the business of providing a short-term cash advance to any consumer in exchange for-- ``(i) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or ``(ii) a consumer authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date.''. Passed the House of Representatives September 27, 2006. Attest: KAREN L. HAAS, Clerk. | Financial Services Regulatory Relief Amendments Act of 2006 - (Sec. 2) Amends the Federal Deposit Insurance Act regarding depository institutions lacking federal deposit insurance to authorize the state supervisor of a private deposit insurer, or of a depository institution which receives deposits insured by a private deposit insurer, to examine and enforce compliance with the requirement that a private deposit insurer obtain annual independent audits. Requires depository institutions without federal deposit insurance to disclose on every share certificate that: (1) the institution is not federally insured; and (2) if it fails, the federal government does not guarantee that depositors will get back their money. Revises the requirement that such institutions disclose conspicuously in all advertising and at each place where deposits are normally received that the institution is not federally insured. Requires such a notice also on the institution's main Internet page. Makes an exception to such requirement for: (1) statements or reports of financial condition required to be published or posted by state or federal law or regulation; (2) any sign, document, or other item containing the institution's name, logo, or contact information, if no products, services, or other promotional information is included; and (3) small utilitarian items that do not mention deposit products or insurance if inclusion of the notice would be impractical. Requires the institution to obtain or attempt to obtain a written acknowledgment of such disclosure from new depositors acquired through a conversion or merger. Repeals the prohibition against use of the mails to receive deposits by any depository institution lacking federal deposit insurance unless a state supervisor determines that it meets all requirements for federal deposit insurance. Repeals coverage as a depository institution under the Act of any entity that, as determined by the Federal Trade Commission (FTC), is engaged in the business of receiving deposits, and could reasonably be mistaken for a depository institution by its current or prospective customers. Redefines "depository institution" to exclude any national bank, state member bank, or federal branch. Modifies FTC authority to enforce compliance with the requirements of the Act for depository institutions lacking federal deposit insurance. Removes independent audit requirements enforcement from FTC authority, while retaining enforcement of disclosure requirements. Authorizes an appropriate state supervisor of such institutions to enforce compliance with federal requirements, unless the FTC has already instituted an enforcement action. (Sec. 3) Imposes on certain other lenders the maximum interest rate or related charges for debt applicable to home state banks in competition with local branches of out-of-state banks. Defines other lender as any person engaged in the business of selling or financing the sale of personal property (and any incidental services) in a state. Excludes an insured depository institution from other-lender treatment, as well as any person or entity engaged in the business of providing a short-term cash advance to any consumer in exchange for: (1) a consumer's personal check or share draft, in the amount of the advance plus a fee, where presentment or negotiation of such check or share draft is deferred by agreement of the parties until a designated future date; or (2) a consumer authorization to debit the consumer's transaction account, in the amount of the advance plus a fee, where such account will be debited on or after a designated future date. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Estate Tax Relief Act of 2010''. SEC. 2. EXCLUSION FROM GROSS ESTATE OF CERTAIN FARMLAND SO LONG AS FARMLAND USE CONTINUES. (a) In General.--Part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 (relating to gross estate) is amended by inserting after section 2033 the following new section: ``SEC. 2033A. EXCLUSION OF CERTAIN FARMLAND SO LONG AS USE AS FARMLAND CONTINUES. ``(a) In General.--In the case of an estate of a decedent to which this section applies, the value of the gross estate shall not include the adjusted value of qualified farmland included in the estate. ``(b) Estates to Which Section Applies.--This section shall apply to an estate if-- ``(1) the executor elects the application of this section and files an agreement referred to in section 2032A(d)(2), and ``(2) the decedent was (at the date of the decedent's death) a citizen or resident of the United States. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified farmland.--The term `qualified farmland' means any real property which-- ``(A) is located in the United States, ``(B) is used as a farm for farming purposes (within the meaning of section 2032A(e)), ``(C) was acquired from or passed from the decedent to a qualified heir of the decedent and which, on the date of the decedent's death, was being so used by the decedent or a member of the decedent's family, and ``(D) is property designated in the agreement filed under subsection (b)(1). ``(2) Other terms.--Any other term used in this section which is also used in section 2032A shall have the same meaning given such term by section 2032A. ``(d) Tax Treatment of Dispositions and Failures To Use for Farming Purposes.-- ``(1) Imposition of recapture tax.--If, at any time after the decedent's death and before the death of the qualified heir-- ``(A) the qualified heir disposes of any interest in qualified farmland (other than by a disposition to a member of his family), or ``(B) the qualified heir ceases to use the real property which was acquired (or passed) from the decedent as a farm for farming purposes, then, there is hereby imposed a recapture tax. ``(2) Amount of recapture tax, etc.-- ``(A) In general.--Except as provided in subparagraph (B), rules similar to the rules of section 2032A(c) (other than paragraph (2)(E) thereof) with respect to the additional estate tax shall apply for purposes of this subsection with respect to the recapture tax. ``(B) Adjustment of recapture tax to reflect increase in value of farmland.--The amount of the recapture tax otherwise determined under rules described in subparagraph (A) shall be increased by the percentage (if any) by which the value of the interest in the qualified farmland at the time of the imposition of such tax is greater than the adjusted value of such farmland included in the estate. ``(e) Application of Other Rules.--Rules similar to the rules of subsections (d), (e) (other than paragraph (13) thereof), (f), (g), (h), and (i) of section 2032A shall apply for purposes of this section.''. (b) Application of Lien.--Section 6324B of the Internal Revenue Code of 1986 (relating to special lien for additional estate tax attributable to farm, etc., valuation) is amended by adding at the end the following new subsection: ``(e) Application to Qualified Farmland.-- ``(1) In general.--In the case of any interest in qualified farmland (within the meaning of section 2033A(c)(1)), this section shall apply in the same manner as such section applies to qualified real property. ``(2) Form and content.--In addition to any form and content otherwise required by the Secretary with respect to a notice of lien filed against qualified farmland, such notice shall include a statement that such lien is imposed solely for purposes of the estate tax exclusion granted with respect to such qualified farmland under section 2033A.''. (c) Woodlands Subject to Management Plan.--Paragraph (2) of section 2032A(c) of such Code is amended by adding at the end the following new subparagraph: ``(F) Exception for woodlands subject to forest stewardship plan.-- ``(i) In general.--Subparagraph (E) shall not apply to any disposition or severance of standing timber on a qualified woodland that is made pursuant to a forest stewardship plan developed under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103a) or an equivalent plan approved by the State Forester. ``(ii) Compliance with forest stewardship plan.--Clause (i) shall not apply if, during the 10-year period under paragraph (1), the qualified heir fails to comply with such forest stewardship plan or equivalent plan.''. (d) Certain Conservation Transactions Not Treated as Dispositions.--Paragraph (8) of section 2032A(c) of such Code is amended to read as follows: ``(8) Certain conservation transactions not treated as dispositions.-- ``(A) Qualified conservation contributions.--A qualified conservation contribution by gift or otherwise shall not be deemed a disposition under subsection (c)(1)(A). ``(B) Qualified conservation easement sold to qualified organization.--A sale of a qualified conservation easement to a qualified organization shall not be deemed a disposition under subsection (c)(1)(A). ``(C) Definitions.--For purposes of this paragraph-- ``(i) the terms `qualified conservation contribution' and `qualified organization' have the meanings given such terms by section 170(h), and ``(ii) the term `qualified conservation easement' has the meaning given such term by section 2031(c)(8).''. (e) Clerical Amendment.--The table of sections for part III of subchapter A of chapter 11 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 2033 the following new item: ``Sec. 2033A. Exclusion of certain farmland so long as use as farmland continues.''. (f) Effective Date.--The amendments made by this section shall apply to estates of decedents dying after the date of the enactment of this Act. SEC. 3. INCREASE IN LIMITATIONS ON THE AMOUNT EXCLUDED FROM THE GROSS ESTATE WITH RESPECT TO LAND SUBJECT TO A QUALIFIED CONSERVATION EASEMENT. (a) Increase in Dollar Limitation on Exclusion.--Paragraph (3) of section 2031(c) of the Internal Revenue Code of 1986 (relating to exclusion limitation) is amended by striking ``the exclusion limitation is'' and all that follows and inserting ``the exclusion limitation is $5,000,000.''. (b) Increase in Percentage of Value of Land Which Is Excludable.-- Paragraph (2) of section 2031(c) of the Internal Revenue Code of 1986 (relating to applicable percentage) is amended-- (1) by striking ``40 percent'' and inserting ``50 percent'', and (2) by striking ``2 percentage points'' and inserting ``2.5 percentage points''. (c) Effective Date.--The amendments made by this section shall apply to the estates of decedents dying after the date of the enactment of this Act. | Family Farm Estate Tax Relief Act of 2010 - Amends the Internal Revenue Code to: (1) exclude from the value of a decedent's gross estate farmland used by an heir for farming purposes; (2) impose a recapture tax on an heir who disposes of such farmland after the decedent's death or who ceases to use such farmland for farming purposes; and (3) increase the limitation on the estate tax exclusion for land subject to a qualified conservation easement to $5 million and the percentage of the value of such land that is excludable. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medigap Portability Act of 1997''. SEC. 2. MEDIGAP AMENDMENTS. (a) Guaranteeing Issue Without Preexisting Conditions for Continuously Covered Individuals.--Section 1882(s) of the Social Security Act (42 U.S.C. 1395ss(s)) is amended-- (1) in paragraph (3), by striking ``paragraphs (1) and (2)'' and inserting ``this subsection'', (2) by redesignating paragraph (3) as paragraph (4), and (3) by inserting after paragraph (2) the following new paragraph: ``(3)(A) The issuer of a medicare supplemental policy-- ``(i) may not deny or condition the issuance or effectiveness of a medicare supplemental policy described in subparagraph (C); ``(ii) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability; and ``(iii) may not impose an exclusion of benefits based on a pre-existing condition, in the case of an individual described in subparagraph (B) who seeks to enroll under the policy not later than 63 days after the date of the termination of enrollment described in such subparagraph. ``(B) An individual described in this subparagraph is an individual described in any of the following clauses: ``(i) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment ceases either because the individual moves outside the service area of the organization under the contract or agreement or because of the termination or nonrenewal of the contract or agreement. ``(ii) The individual is enrolled with an organization under a policy described in subsection (t) and such enrollment ceases either because the individual moves outside the service area of the organization under the policy, because of the bankruptcy or insolvency of the insurer, or because the insurer closes the block of business to new enrollment. ``(iii) The individual is covered under a medicare supplemental policy and such coverage is terminated because of the bankruptcy or insolvency of the insurer issuing the policy, because the insurer closes the block of business to new enrollment, or because the individual changes residence so that the individual no longer resides in a State in which the issuer of the policy is licensed. ``(iv) The individual is enrolled under an employee welfare benefit plan that provides health benefits that supplement the benefits under this title and the plan terminates or ceases to provide (or significantly reduces) such supplemental health benefits to the individual. ``(v)(I) The individual is enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A) and such enrollment is terminated by the enrollee during the first 12 months of such enrollment, but only if the individual never was previously enrolled with an eligible organization under a contract under section 1876 or with an organization under an agreement under section 1833(a)(1)(A). ``(II) The individual is enrolled under a policy described in subsection (t) and such enrollment is terminated during the first 12 months of such enrollment, but only if the individual never was previously enrolled under such a policy under such subsection. ``(C)(i) Subject to clause (ii), a medicare supplemental policy described in this subparagraph, with respect to an individual described in subparagraph (B), is a policy the benefits under which are comparable or lesser in relation to the benefits under the enrollment described in subparagraph (B) (or, in the case of an individual described in clause (ii), under the most recent medicare supplemental policy described in clause (ii)(II)). ``(ii) An individual described in this clause is an individual who-- ``(I) is described in subparagraph (B)(v), and ``(II) was enrolled in a medicare supplemental policy within the 63 day period before the enrollment described in such subparagraph. ``(iii) As a condition for approval of a State regulatory program under subsection (b)(1) and for purposes of applying clause (i) to policies to be issued in the State, the regulatory program shall provide for the method of determining whether policy benefits are comparable or lesser in relation to other benefits. With respect to a State without such an approved program, the Secretary shall establish such method. ``(D) At the time of an event described in subparagraph (B) because of which an individual ceases enrollment or loses coverage or benefits under a contract or agreement, policy, or plan, the organization that offers the contract or agreement, the insurer offering the policy, or the administrator of the plan, respectively, shall notify the individual of the rights of the individual, and obligations of issuers of medicare supplemental policies, under subparagraph (A).''. (b) Limitation on Imposition of Preexisting Condition Exclusion During Initial Open Enrollment Period.--Section 1882(s)(2)(B) of such Act (42 U.S.C. 1395ss(s)(2)(B)) is amended to read as follows: ``(B) In the case of a policy issued during the 6-month period described in subparagraph (A), the policy may not exclude benefits based on a pre-existing condition.''. (c) Clarifying the Nondiscrimination Requirements During the 6- Month Initial Enrollment Period.--Section 1882(s)(2)(A) of such Act (42 U.S.C. 1395ss(s)(2)(A)) is amended to read as follows: ``(2)(A)(i) In the case of an individual described in clause (ii), the issuer of a medicare supplemental policy-- ``(I) may not deny or condition the issuance or effectiveness of a medicare supplemental policy, and ``(II) may not discriminate in the pricing of the policy on the basis of the individual's health status, medical condition (including both physical and mental illnesses), claims experience, receipt of health care, medical history, genetic information, evidence of insurability (including conditions arising out of acts of domestic violence), or disability. ``(ii) An individual described in this clause is an individual for whom an application is submitted before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B.''. (d) Extending 6-Month Initial Enrollment Period to Non-Elderly Medicare Beneficiaries.--Section 1882(s)(2)(A)(ii) of such Act (42 U.S.C. 1395ss(s)(2)(A)), as amended by subsection (c), is amended by striking ``is submitted'' and all that follows and inserting the following: ``is submitted-- ``(I) before the end of the 6-month period beginning with the first month as of the first day on which the individual is 65 years of age or older and is enrolled for benefits under part B; and ``(II) for each time the individual becomes eligible for benefits under part A pursuant to section 226(b) or 226A and is enrolled for benefits under part B, before the end of the 6- month period beginning with the first month as of the first day on which the individual is so eligible and so enrolled.''. (e) Effective Dates.-- (1) Guaranteed issue.--The amendment made by subsection (a) shall take effect on January 1, 1998. (2) Limit on preexisting condition exclusions.--The amendment made by subsection (b) shall apply to policies issued on or after January 1, 1998. (3) Clarification of nondiscrimination requirements.--The amendment made by subsection (c) shall apply to policies issued on or after January 1, 1998. (4) Extension of enrollment period to disabled individuals.-- (A) In general.--The amendment made by subsection (d) shall take effect on July 1, 1998. (B) Transition rule.--In the case of an individual who first became eligible for benefits under part A of title XVIII of the Social Security Act pursuant to section 226(b) or 226A of such Act and enrolled for benefits under part B of such title before July 1, 1998, the 6-month period described in section 1882(s)(2)(A) of such Act shall begin on July 1, 1998. Before July 1, 1998, the Secretary of Health and Human Services shall notify any individual described in the previous sentence of their rights in connection with medicare supplemental policies under section 1882 of such Act, by reason of the amendment made by subsection (d). (f) Transition Provisions.-- (1) In general.--If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4). (2) NAIC standards.--If, within 9 months after the date of the enactment of this Act, the National Association of Insurance Commissioners (in this subsection referred to as the ``NAIC'') modifies its NAIC model regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as modified pursuant to section 171(m)(2) of the Social Security Act Amendments of 1994 (Public Law 103-432) and as modified pursuant to section 1882(d)(3)(A)(vi)(IV) of the Social Security Act, as added by section 271(a) of the Health Care Portability and Accountability Act of 1996 (Public Law 104-191) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC model regulation) for the purposes of such section. (3) Secretary standards.--If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate regulation for the purposes of such section. (4) Date specified.-- (A) In general.--Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of-- (i) the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or (ii) 1 year after the date the NAIC or the Secretary first makes the modifications under paragraph (2) or (3), respectively. (B) Additional legislative action required.--In the case of a State which the Secretary identifies as-- (i) requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but (ii) having a legislature which is not scheduled to meet in the calendar year in which the modifications under paragraph (2) or (3) are made in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1 of the calendar year referred to in clause (ii). For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. SEC. 3. INFORMATION FOR MEDICARE BENEFICIARIES. (a) Grant Program.-- (1) In general.--The Secretary of Health and Human Services (in this section referred to as the ``Secretary'') is authorized to provide grants to-- (A) private, independent, non-profit consumer organizations, and (B) State agencies, to conduct programs to prepare and make available to medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a medicare managed care contract and in medicare supplemental policies in which they are eligible to enroll. Nothing in this section shall be construed as preventing the Secretary from making a grant to an organization under this section to carry out activities for which a grant may be made under section 4360 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508). (2) Consumer satisfaction surveys.--Any eligible organization with a medicare managed care contract or any issuer of a medicare supplemental policy shall-- (A) conduct, in accordance with minimum standards approved by the Secretary, a consumer satisfaction survey of the enrollees under such contract or such policy; and (B) make the results of such survey available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. The Secretary shall make the results of such surveys available to organizations which receive grants under paragraph (1). (3) Information.-- (A) Contents.--The information described in paragraph (1) shall include at least a comparison of such contracts and policies, including a comparison of the benefits provided, quality and performance, the costs to enrollees, the results of consumer satisfaction surveys on such contracts and policies, as described in subsection (a)(2), and such additional information as the Secretary may prescribe. (B) Information standards.--The Secretary shall develop standards and criteria to ensure that the information provided to medicare beneficiaries under a grant under this section is complete, accurate, and uniform. (C) Review of information.--The Secretary may prescribe the procedures and conditions under which an organization that has obtained a grant under this section may furnish information obtained under the grant to medicare beneficiaries. Such information shall be submitted to the Secretary at least 45 days before the date the information is first furnished to such beneficiaries. (4) Consultation with other organizations and providers.-- An organization which receives a grant under paragraph (1) shall consult with private insurers, managed care plan providers and other health care providers, and public and private purchasers of health care benefits in order to provide the information described in paragraph (1). (5) Terms and conditions.--To be eligible for a grant under this section, an organization shall prepare and submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. Grants made under this section shall be in accordance with terms and conditions specified by the Secretary. (b) Cost-Sharing.-- (1) In general.--Each organization which provides a medicare managed care contract or issues a medicare supplemental policy (including a medicare select policy) shall pay to the Secretary its pro rata share (as determined by the Secretary) of the estimated costs to be incurred by the Secretary in providing the grants described in subsection (a). (2) Limitation.--The total amount required to be paid under paragraph (1) shall not exceed $35,000,000 in any fiscal year. (3) Application of proceeds.--Amounts received under paragraph (1) are hereby appropriated to the Secretary to defray the costs described in such paragraph and shall remain available until expended. (c) Definitions.--In this section: (1) Medicare managed care contract.--The term ``medicare managed care contract'' means a contract under section 1876 or section 1833(a)(1)(A) of the Social Security Act. (2) Medicare supplemental policy.--The term ``medicare supplemental policy'' has the meaning given such term in section 1882(g) of the Social Security Act. | Medigap Portability Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act with respect to Medicare supplemental (Medigap) policies, providing for additional consumer protections, among them: (1) guaranteeing policy issuance (with no preexisting condition exclusions and no discrimination in pricing because of the individual's health, claims experience, or disability) to certain individuals who have had continuous coverage (or no break in coverage longer than 63 days), if the policy in which they wish to enroll has a comparable or less generous benefits package; (2) prohibiting insurers from excluding benefits based on a pre-existing condition during the initial six-month enrollment period after an individual first becomes eligible for Medicare; and (3) extending the six-month initial enrollment period to non-elderly Medicare beneficiaries. Authorizes the Secretary of Health and Human Services to provide grants to private, independent, nonprofit consumer organizations and State agencies applying to conduct programs to prepare and make available to Medicare beneficiaries comprehensive and understandable information on enrollment in health plans with a Medicare managed care contract and in Medigap policies in which they are eligible to enroll. Requires any eligible organization with a Medicare managed care contract or any issuer of a Medigap policy to conduct a consumer satisfaction survey of the enrollees under such contract or policy, and make the results available to the Secretary and the State Insurance Commissioner of the State in which the enrollees are so enrolled. Requires each organization which provides a Medicare managed care contract or issues a Medigap policy to pay to the Secretary its pro rata share of the estimated costs to be incurred in providing the grants. |
SECTION 1. WATER SECURITY GRANTS. (a) Definitions.--In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Eligible entity.--The term ``eligible entity'' means a publicly- or privately-owned drinking water or wastewater facility. (3) Eligible project or activity.-- (A) In general.--The term ``eligible project or activity'' means a project or activity carried out by an eligible entity to address an immediate physical security need. (B) Inclusions.--The term ``eligible project or activity'' includes a project or activity relating to-- (i) security staffing; (ii) detection of intruders; (iii) installation and maintenance of fencing, gating, or lighting; (iv) installation of and monitoring on closed-circuit television; (v) rekeying of doors and locks; (vi) site maintenance, such as maintenance to increase visibility around facilities, windows, and doorways; (vii) development, acquisition, or use of guidance manuals, educational videos, or training programs; and (viii) a program established by a State to provide technical assistance or training to water and wastewater facility managers, especially such a program that emphasizes small or rural eligible entities. (C) Exclusions.--The term ``eligible project or activity'' does not include any large-scale or system- wide project that includes a large capital improvement or vulnerability assessment. (b) Establishment of Program.-- (1) In general.--The Administrator shall establish a program to allocate to States, in accordance with paragraph (2), funds for use in awarding grants to eligible entities under subsection (c). (2) Allocation to states.--Not later than 30 days after the date on which funds are made available to carry out this section, the Administrator shall allocate the funds to States in accordance with the formula for the distribution of funds described in section 1452(a)(1)(D) of the Safe Drinking Water Act (42 U.S.C. 300j-12(a)(1)(D)). (3) Notice.--Not later than 30 days after the date described in paragraph (2), each State shall provide to each eligible entity in the State a notice that funds are available to assist the eligible entity in addressing immediate physical security needs. (c) Award of Grants.-- (1) Application.--An eligible entity that seeks to receive a grant under this section shall submit to the State in which the eligible entity is located an application for the grant in such form and containing such information as the State may prescribe. (2) Condition for receipt of grant.--An eligible entity that receives a grant under this section shall agree to expend all funds provided by the grant not later than September 30 of the fiscal year in which this Act is enacted. (3) Disadvantaged, small, and rural eligible entities.--A State that awards a grant under this section shall ensure, to the maximum extent practicable in accordance with the income and population distribution of the State, that a sufficient percentage of the funds allocated to the State under subsection (b)(2) are available for disadvantaged, small, and rural eligible entities in the State. (d) Eligible Projects and Activities.-- (1) In general.--A grant awarded by a State under subsection (c) shall be used by an eligible entity to carry out 1 or more eligible projects or activities. (2) Coordination with existing training programs.--In awarding a grant for an eligible project or activity described in subsection (a)(3)(B)(vii), a State shall, to the maximum extent practicable, coordinate with training programs of rural water associations of the State that are in effect as of the date on which the grant is awarded. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for the fiscal year in which this Act is enacted. Passed the Senate December 20 (legislative day, December 18), 2001. Attest: Secretary. 107th CONGRESS 1st Session S. 1608 _______________________________________________________________________ AN ACT To establish a program to provide grants to drinking water and wastewater facilities to meet immediate security needs. | Directs the Administrator of the Environmental Protection Agency to establish a program to allocate funds to States for use in awarding grants to publicly- or privately-owned drinking water or wastewater facilities for projects or activities carried out to address an immediate physical security need.Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in Women's Health Act of 2017''. SEC. 2. PURPOSE. It is the purpose of this Act to provide women with increased access to preventive and life-saving cancer screening, including clinical breast exams and cervical, ovarian, uterine, vaginal, and vulvar cancer screening, provided by leading women's health care providers who-- (1) serve populations most at risk; and (2) play an outsized role in the prevention and detection of cancer in order to serve the goal of reducing health care disparities among low-income women and women of color, decrease health care spending, and expand health literacy, access, and education about the benefits of regular preventive cancer screening for women. SEC. 3. FINDINGS. Congress finds as follows: (1) Breast cancer is the leading cause of cancer death in women under the age of 54, and the American Cancer Society recommends that women in their 20s and 30s have a clinical breast exam at least every 3 years. (2) Ovarian cancer causes more deaths than any other cancer of the female reproductive system, but it accounts for only about 3 percent of all cancers in women. (3) The cancers that most frequently impact women include breast, uterine, ovarian, and cervical cancer, and there were 314,257 new cases of these cancers in 2013. (4) Rates of incidence and death for gynecologic cancers by race and ethnicity show that, while for some cancers, like ovarian cancer, the rates of incidence and death are similar among all races, for other cancers, like cervical cancer, women of color have a disproportionate rate of incidence. While the incidence of uterine cancer is higher for White women than for women of color, rates of death for uterine cancer are 2 times higher for Black women than for White women. (5) Prevention and cancer screening are the best approaches to protecting women from cancer and ensuring early detection and life-saving treatment. Many deaths from breast and cervical cancers could be avoided if cancer screening rates increased among women at risk. Deaths from these cancers occur disproportionately among women who are uninsured or underinsured. (6) Due to enhanced screening, cervical cancer, which used to be the leading cause of cancer death for women in the United States, is now a much more preventable and treatable cancer. (7) Increased access to education, information, and preventive cancer screening increase women's ability to survive cancer. (8) Women's health care providers that are primarily engaged in family planning services, such as Planned Parenthood health centers, provide necessary screening tests, education, and information to women, especially women of color who face the highest risks of breast cancer and other gynecologic cancers. SEC. 4. STRENGTHENING ACCESS TO CANCER SCREENING FOR WOMEN. (a) In General.--Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 317P the following: ``SEC. 317P-1. GRANTS FOR WOMEN'S HEALTH CARE PROVIDERS. ``(a) In General.--The Secretary is authorized to make grants and to enter into contracts with public or nonprofit private entities to expand preventive health services, as provided for in the Preventive Services Guidelines of the Health Resources and Service Administration that were in effect on January 1, 2017, with an emphasis on increasing access to critical, life-saving cancer screening, Pap tests, human papillomavirus vaccination, and diagnostic tests for women with cancer symptoms, particularly women of color. ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $200,000,000 for each of fiscal years 2017 through 2020.''. (b) Funding.--There is authorized to be appropriated to carry out programs related to breast and gynecologic cancers under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and title X of the Public Health Service Act (42 U.S.C. 300 et seq.), and the National Breast and Cervical Cancer Early Detection Program, such sums as may be necessary for each of fiscal years 2017 through 2020. SEC. 5. EXPAND CANCER SCREENING PROVIDER TRAINING. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.), as amended by section 4, is further amended by inserting after section 317P-1 the following: ``SEC. 317P-2. WOMEN'S HEALTH CARE PROVIDERS DEMONSTRATION TRAINING PROJECT. ``(a) Establishment of Program.--The Secretary shall establish a demonstration program (referred to in this section as the `program') to award 3-year grants to eligible entities for the training of physicians, nurse practitioners, and other health care providers related to life-saving breast and gynecologic cancer screening for women. ``(b) Purpose.--The purpose of the program is to enable each grant recipient to -- ``(1) provide to licensed physicians, nurse practitioners, and other health care providers, through clinical training, education, and practice, the most up-to-date clinical guidelines and research adopted by the National Academies of Sciences, Engineering, and Medicine in the area of preventive cancer screening for breast and gynecologic cancers; ``(2) establish a model of training for physicians, nurse practitioners, and other health care providers that specializes in women's health care, with a specific focus on breast and gynceologic cancer screening, that may be replicated nationwide; and ``(3) train physicians, nurse practitioners, and other health care providers to serve rural communities, low-income communities, and communities of color in breast and gynecologic cancer screening. ``(c) Eligible Entities.--To be eligible to receive a grant under this section, an entity shall be-- ``(1) an entity that receives funding under section 1001; ``(2) an essential community provider primarily engaged in family planning, as defined in section 156.235 of title 45, Code of Federal Regulations (or any successor regulations); ``(3) an entity that furnishes items or services to individuals who are eligible for medical assistance under title XIX of the Social Security Act; or ``(4) an entity that, at the time of application, provides cancer screening services under the National Breast and Cervical Cancer Early Detection Program of the Centers for Disease Control and Prevention.''. SEC. 6. STUDY AND REPORT TO CONGRESS ON INCREASED CANCER SCREENING FOR WOMEN. (a) In General.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall conduct a study (and periodically update such study) on increased access to women's preventive life-saving cancer screening across the United States, and, not later than January 1, 2025, and every 5 years thereafter, the Secretary shall submit a report to Congress on such study. (b) Contents.--The study and reports under subsection (a) shall include: (1) A 50-State analysis of breast and gynecologic cancer rates among women, including by geographic area, income, race, and status of insurance coverage. (2) A 50-State analysis of cancer screening provided by women's health care providers, including clinical breast exams, other screening for breast cancer, and screening for cervical cancer, ovarian cancer, and other gynecologic cancers. (3) In consultation with the Comptroller General of the United States, estimated Federal savings achieved through early detection of breast and gynecologic cancer. (4) Analysis of how access to health care providers trained under the program described in section 317P-2 of the Public Health Service Act, as added by section 5, in comparison to other health care providers, increased early detection of cancer for women. (5) Recommendations by the Secretary with respect to the need for continued increased access to women's health care providers, such as the entities described in section 317P-2(c) of the Public Health Service Act, as added by section 4, who provide preventive care, including life-saving cancer screening. | Invest in Women's Health Act of 2017 This bill amends the Public Health Service Act to authorize the Department of Health and Human Services (HHS) to provide support to public or nonprofit entities to expand certain preventive health services, with an emphasis on increasing access to cancer screening, particularly for women of color. The bill reauthorizes through FY2020: (1) programs related to breast and gynecologic cancers under Medicaid and family planning programs, and (2) the Centers for Disease Control and Prevention's National Breast and Cervical Cancer Early Detection Program. HHS must establish a demonstration grant program to train health care providers regarding breast and gynecologic cancer screening. HHS must study and report on access to women's preventive cancer screening, including cancer rates by state, cancer screening by state, and estimated federal savings achieved through early detection of breast and gynecologic cancer. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug and Medical Device Company Gift Disclosure Act''. SEC. 2. DISCLOSURE OF CERTAIN GIFTS BY MANUFACTURERS, PACKERS, AND DISTRIBUTORS OF PRESCRIPTION DRUGS AND MEDICAL DEVICES. Section 503 of the Federal Food, Drug, and Cosmetics Act (21 U.S.C. 353) is amended by adding at the end the following: ``(h)(1) Each manufacturer, packer, or distributor of a drug subject to subsection (b)(1) or of a device shall disclose to the Commissioner-- ``(A) not later than June 30, 2007, and each June 30 thereafter, the value, nature, and purpose of any-- ``(i) gift provided, directly or indirectly, during the preceding calendar year to any covered health entity by the manufacturer, packer, or distributor, or a representative or agent thereof, in connection with detailing, promotional, or other marketing activities; and ``(ii) cash rebate, discount, or any other financial consideration provided during the preceding calendar year to any pharmaceutical benefit manager by the manufacturer, packer, or distributor, or a representative or agent thereof, in connection with detailing, promotional, or other marketing activities; and ``(B) not later than the date that is 6 months after the date of enactment of this subsection and each June 30 thereafter, the name and address of the individual responsible for the compliance of the manufacturer, packer, or distributor with the provisions of this subsection. ``(2) Each disclosure under this subsection shall be made in such form and manner as the Commissioner may require. ``(3) For purposes of this subsection: ``(A) The term `covered health entity' includes, but is not limited to, any physician, nurse, therapist, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe or dispense drugs that are subject to subsection (b)(1), in the District of Columbia or any State, commonwealth, possession, or territory of the United States. Such term includes an individual who is not directly employed by the drug or device manufacturer, packer, distributor, representative, or agent. ``(B) The term `gift' includes any gift, fee, payment, subsidy, amenity, object, service or other economic benefit, except that such term excludes the following: ``(i) Free samples of drugs subject to subsection (b)(1) intended to be distributed to patients free of charge. ``(ii) The payment of reasonable compensation and reimbursement of expenses in connection with any bona fide clinical trial conducted in connection with a research study designed to answer specific questions about drugs, devices, new therapies, or new ways of using known treatments. ``(iii) Any scholarship or other support for medical students, residents, or fellows selected by a national, regional, or specialty medical or other professional association to attend a significant educational, scientific, or policy-making conference of the association. ``(4) With respect to gifts, paragraph (1) shall only apply if the total value of any gift or gifts provided during the applicable calendar year is fifty dollars or more. ``(5) Subject to paragraph (6), the Commissioner shall make all information disclosed to the Commissioner under paragraph (1) publicly available, including by posting such information on the Internet. ``(6) The Commissioner shall keep confidential any information disclosed to or otherwise obtained by the Commissioner under this subsection that relates to a trade secret referred to in section 1905 of title 18, United States Code. The Commissioner shall provide an opportunity in the disclosure form required under paragraph (2) for a manufacturer, packer, or distributor to identify any such information. ``(7) Each manufacturer, packer, or distributor described in paragraph (1) shall be subject to a civil monetary penalty of not more than $10,000 for each violation of this subsection. Each unlawful failure to disclose shall constitute a separate violation. The provisions of paragraphs (3), (4), and (5) of section 303(f) shall apply to such a violation in the same manner as such provisions apply to a violation of a requirement of this Act that relates to devices. ``(8)(A) The Commissioner shall have authority to investigate compliance with this subsection. ``(B) If, after carrying out an investigation under this paragraph, the Commissioner has reasonable cause to believe that a report required under this subsection has not been filed in accordance with the provisions of this section, the Commissioner may petition the United States District Court in which the responsible party resides or transacts business, for an order requiring submission of a report and such other relief as the Court considers appropriate.''. | Drug and Medical Device Company Gift Disclosure Act - Amends the Federal Food, Drug, and Cosmetic Act to require prescription drug or medical device manufacturers, packers, and distributors to annually disclose to the Commissioner of Food and Drugs the value, nature, and purpose of any : (1) gift made in connection with detailing, promotion, or other marketing activity to any physician, nurse, therapist, hospital, nursing home, pharmacist, health benefit plan administrator, or any other person authorized to prescribe or dispense prescription drugs; and (2) cash rebate, discount, or other financial consideration given to any pharmaceutical benefit manager in connection with such marketing activities. Defines "gift" to include any fee, payment, subsidy, amenity, object, service, or other economic benefit, except: (1) free samples of prescription drugs; (2) reasonable compensation and reimbursement of expenses in connection with a bona fide clinical trial; and (3) certain scholarships or other support for medical students, residents, or fellows to attend conferences. Applies such provisions only if the total value of the gift or gifts is $50 or more during the calendar year. Requires the Commissioner to: (1) make such information available to the public; and (2) keep confidential any information related to a trade secret. Establishes civil penalties for violations. Gives the Commissioner authority to investigate compliance with this Act. Authorizes the Commissioner to file a petition in the United States District Court for an order requiring submission of a report or other appropriate relief. |
. (a) Qualified Expert Opinion.-- (1) Accompanying affidavit.--No medical malpractice liability action may be brought against a health care professional or a health care provider by any claimant unless, at the time the claimant brings the action (except as provided in subsection (c)), it is accompanied by the affidavit of a qualified specialist or medical expert containing the information required by paragraph (2). (2) Contents of affidavit.--To satisfy the requirements of paragraph (1), the affidavit shall include the specialist's or expert's statement of belief that, based on a review of the available medical record and other relevant material, there is a reasonable and meritorious cause for the filing of the action. (b) Qualified Specialist or Medical Expert.--With respect to a medical malpractice liability action, a qualified specialist or medical expert is a person who has been so recognized by the Secretary or has received proper accreditation from the medical licensing board of any State, such that such qualified specialist or medical expert is recognized-- (1) to be knowledgeable in the relevant issues involved in the action; (2) to practice (or to have practiced) or to teach (or to have taught) in the same area of health care or medicine that is at issue in the action; and (3) in the case of an action against a physician, to be board certified in a speciality relating to that area of medicine. (c) Extension in Certain Instances.-- (1) Unavailability of adequate medical records.--Subject to paragraph (2), subsection (a) shall not apply with respect to a claimant who brings a medical malpractice liability action without submitting an affidavit described in such subsection if, as of the time the claimant brings the action, the claimant certifies that adequate medical records or other information necessary to prepare the affidavit are unavailable. (2) Time limit.--In the case of an claimant who brings an action for which paragraph (1) applies, the action shall be dismissed unless the claimant submits the affidavit described in subsection (a) not later than 120 days after commencement of the action. (d) Medical Malpractice Arbitration Panels.-- (1) Establishment.--The Secretary of Health and Human Services shall provide for the establishment of medical malpractice arbitration panels which shall hear and render a decision on all medical malpractice claims. (2) Composition of arbitration panels.--Arbitration shall be conducted by one or more arbitrators who-- (A) are qualified specialists or medical experts; and (B) are selected by agreement of the parties, or, if the parties do not agree, who are qualified under applicable State law and selected by the court. (3) Mandatory participation and dissatisfaction.-- (A) Mandatory participation.--Participation in arbitration to resolve a medical malpractice claim is mandatory, and shall be in lieu of any other alternative dispute resolution method required by any other law or by any contractual arrangement made by or on behalf of the parties to the arbitration before the commencement of the action. (B) Dissatisfaction.--Any party dissatisfied with a determination reached by a medical malpractice arbitration panel with respect to a medical malpractice claim as a result of such arbitration shall not be bound by such determination, and may bring a civil action in any Federal district court of competent jurisdiction within the 30-day period beginning on the date such determination was reached. The determination of such arbitration, and all statements, offers, and communications made during such arbitration, shall be inadmissible for purposes of adjudicating such action. (4) Frivolousness.-- (A) Federal district court.--Except as provided in subparagraph (B), if a medical malpractice arbitration panel determines a medical malpractice claim to be frivolous, the panel shall dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the defendant prevails in such action, the court may, in its discretion and as the interests of justice require, assess against the claimant a reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. (B) Exception.--If a medical malpractice arbitration panel is unable to determine if a medical malpractice claim is frivolous, the panel may dismiss such claim. If such claim is dismissed, the claimant may bring a civil action in any Federal district court of competent jurisdiction. If the claimant prevails in such action, each party shall individually be responsible for reasonable attorney's fee and other litigation costs and expenses (including expert fees) reasonably incurred. (5) Disclosure.--Each State shall disclose to residents of the State the procedures relating to arbitration and formal adjudication for resolution of medical malpractice claims. (6) Additional requirements.--The Attorney General, in consultation with the Secretary for Health and Human Services, shall proscribe regulations to ensure that medical malpractice arbitration is carried out in a manner that-- (A) is affordable for the parties involved; (B) encourages timely resolution of medical malpractice claims; (C) encourages the consistent and fair resolution of such claims; and (D) provides for reasonably convenient access to dispute resolution. (e) Effective Date.--This section shall apply with respect to any medical malpractice claim that arises more than 180 days after the date of the enactment of this Act. SEC. 5. PREEMPTION. The provisions of this Act shall preempt any State law to the extent such law is inconsistent with the provisions of this Act. | Medical Malpractice Insurance Corporation Act - Authorizes the establishment of corporations to provide medical malpractice insurance to health care professionals and providers based on customary coverage terms and liability amounts. Requires the Secretary of Health and Human Services to certify corporations as medical malpractice insurance corporations if they meet the requirements of this Act, which include that excess earnings of such corporations are used to reduce premiums paid by the insured. Allows such corporations to operate and function without hindrance or impedance in all states. Prohibits any medical malpractice liability action from being brought against a health care professional or provider without an affidavit from a qualified specialist or medical expert that there is a reasonable and meritorious cause for filing the action. Requires the Secretary to establish medical malpractice arbitration panels to hear and render decisions on all medical malpractice claims. Mandates participation in such panels. Allows participants dissatisfied with the results to bring a federal civil action. Requires the Attorney General to proscribe regulations to ensure that such arbitration: (1) is affordable; (2) encourages timely resolution of medical malpractice claims; (3) encourages the consistent and fair resolution of such claims; and (4) provides for reasonable convenient access to dispute resolution. |
SECTION 1. LOAN FORGIVENESS FOR HEAD START TEACHERS. (a) Short Title.--This section may be cited as the ``Loan Forgiveness for Head Start Teachers Act of 2005''. (b) Head Start Teachers.--Section 428J of the Higher Education Act of 1965 (20 U.S.C 1078-10) is amended-- (1) in subsection (b), by striking paragraph (1) and inserting the following: ``(1)(A) has been employed-- ``(i) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(ii) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(B)(i) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and ``(ii) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (2) in subsection (g), by adding at the end the following: ``(3) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in clause (ii) of subsection (b)(1)(A) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2005.''; and (3) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and succeeding fiscal years to carry out loan repayment under this section for service described in clause (ii) of subsection (b)(1)(A).''. (c) Direct Student Loan Forgiveness.-- (1) In general.--Section 460 of the Higher Education Act of 1965 (20 U.S.C 1087j) is amended-- (A) in subsection (b)(1), by striking subparagraph (A) and inserting the following: ``(A)(i) has been employed-- ``(I) as a full-time teacher for 5 consecutive complete school years in a school that qualifies under section 465(a)(2)(A) for loan cancellation for Perkins loan recipients who teach in such a school; or ``(II) as a Head Start teacher for 5 consecutive complete program years under the Head Start Act; and ``(ii)(I) if employed as an elementary school or secondary school teacher, is highly qualified as defined in section 9101 of the Elementary and Secondary Education Act of 1965; and ``(II) if employed as a Head Start teacher, has demonstrated knowledge and teaching skills in reading, writing, early childhood development, and other areas of a preschool curriculum, with a focus on cognitive learning; and''; (B) in subsection (g), by adding at the end the following ``(3) Head start.--An individual shall be eligible for loan forgiveness under this section for service described in subclause (II) of subsection (b)(1)(A)(i) only if such individual received a baccalaureate or graduate degree on or after the date of enactment of the Loan Forgiveness for Head Start Teachers Act of 2005.''; and (C) by adding at the end the following: ``(i) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal year 2009 and succeeding fiscal years to carry out loan repayment under this section for service described in subclause (II) of subsection (b)(1)(A)(i).''. (d) Conforming Amendments.-- (1) FFEL program.--Section 428J of the Higher Education Act of 1965 (20 U.S.C. 1078-10) is amended-- (A) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (B) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)''; (C) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)''; and (D) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''. (2) Direct loan program.--Section 460 of the Higher Education Act of 1965 (20 U.S.C. 1087j) is amended-- (A) in subsection (c)(1), by inserting ``or fifth complete program year'' after ``fifth complete school year of teaching''; (B) in subsection (f), by striking ``subsection (b)'' and inserting ``subsection (b)(1)(A)(i)(I)''; (C) in subsection (g)(1)(A), by striking ``subsection (b)(1)(A)'' and inserting ``subsection (b)(1)(A)(i)(I)''; and (D) in subsection (h), by inserting ``except as part of the term `program year','' before ``where''. | Loan Forgiveness for Head Start Teachers Act of 2005 - Amends the Higher Education Act of 1965 to extend to certain Head Start teachers eligibility for cancellation of repayment obligations for specified types of student loans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dust Off Crews of the Vietnam War Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) a United States Army Dust Off crewman is a helicopter crew member who served honorably in the Vietnam War aboard a helicopter air ambulance under the radio call sign ``Dust Off''; (2) Dust Off crews performed aeromedical evacuation for United States, Vietnamese, and allied forces inside South Vietnam from May 1962 through March 1973; (3) nearing the end of World War II, the United States Army began using helicopters for medical evacuation and years later, during the Korean War, these helicopter air ambulances were responsible for transporting 17,700 United States casualties; (4) during the Vietnam War, with the use of helicopter air ambulances, United States Army Dust Off crews pioneered the concept of dedicated and rapid medical evacuation and rescued almost 900,000 United States, South Vietnamese, and other allied sick and wounded, as well as wounded enemy forces; (5) helicopters proved to be a revolutionary tool to assist those injured on the battlefield; (6) highly skilled and intrepid, Dust Off crews were able to operate the helicopters and land them on almost any terrain in nearly any weather to pick up wounded, after which the Dust Off crews could provide care to these patients while transporting them to ready medical facilities; (7) the vital work of the Dust Off crews required consistent combat exposure and often proved to be the difference between life and death for wounded personnel; (8) the revolutionary concept of a dedicated combat life- saving system was cultivated and refined by United States Army Dust Off crews during 11 years of intense conflict in and above the jungles of South Vietnam; (9) innovative and resourceful Dust Off crews in Vietnam were responsible for taking the new concept of helicopter medical evacuation, born just a few years earlier, and revolutionizing it to meet and surpass the previously unattainable goal of delivering a battlefield casualty to an operating table within the vaunted ``golden hour''; (10) some Dust Off units in Vietnam operated so efficiently that they were able to deliver a patient to a waiting medical facility on an average of 33 minutes from the receipt of the mission, which saved the lives of countless personnel in Vietnam, and this legacy continues for modern-day Dust Off crews; (11) the inherent danger of being a member of a Dust Off crew in Vietnam meant that there was a 1 in 3 chance of being wounded or killed; (12) many battles during the Vietnam War raged at night, and members of the Dust Off crews often found themselves searching for a landing zone in complete darkness, in bad weather, over mountainous terrain, and all while being the target of intense enemy fire as they attempted to rescue the wounded, which caused Dust Off crews to suffer a rate of aircraft loss that was more than 3 times that of all other types of combat helicopter missions in Vietnam; (13) the 54th Medical Detachment typified the constant heroism displayed by Dust Off crews in Vietnam, over the span of a 10-month tour, with only 3 flyable helicopters and 40 soldiers in the unit, evacuating 21,435 patients in 8,644 missions while being airborne for 4,832 hours; (14) collectively, the members of the 54th Medical Detachment earned 78 awards for valor, including 1 Medal of Honor, 1 Distinguished Service Cross, 14 Silver Star Medals, 26 Distinguished Flying Crosses, 2 Bronze Star Medals for valor, 4 Air Medals for valor, 4 Soldier's Medals, and 26 Purple Heart Medals; (15) the 54th Medical Detachment displayed heroism on a daily basis and set the standard for all Dust Off crews in Vietnam; (16) 5 members of the 54th Medical Detachment are in the Dust Off Hall of Fame, 3 are in the Army Aviation Hall of Fame, and 1 is the only United States Army aviator in the National Aviation Hall of Fame; (17) Dust Off crew members are among the most highly decorated soldiers in American military history; (18) in early 1964, Major Charles L. Kelly was the Commanding Officer of the 57th Medical Detachment (Helicopter Ambulance), Provisional, in Soc Trang, South Vietnam; (19) Major Kelly helped to forge the Dust Off call sign into history as one of the most welcomed phrases to be heard over the radio by wounded soldiers in perilous and dire situations; (20) in 1964, Major Kelly was killed in action as he gallantly maneuvered his aircraft to save a wounded American soldier and several Vietnamese soldiers and boldly replied, after being warned to stay away from the landing zone due to the ferocity of enemy fire, ``When I have your wounded.''; (21) General William Westmoreland, Commander, Military Assistance Command, Vietnam (1964-1968), singled out Major Kelly as an example of ``the greatness of the human spirit'' and highlighted his famous reply as an inspiration to all in combat; (22) General Creighton Abrams, Westmoreland's successor (1968-1972), and former Chief of Staff of the United States Army, highlighted the heroism of Dust Off crews, ``A special word about the Dust Offs . . . Courage above and beyond the call of duty was sort of routine to them. It was a daily thing, part of the way they lived. That's the great part, and it meant so much to every last man who served there. Whether he ever got hurt or not, he knew Dust Off was there.''; (23) Dust Off crews possessed unique skills and traits that made them highly successful in aeromedical evacuation in Vietnam, including indomitable courage, extraordinary aviation skill and sound judgment under fire, high-level medical expertise, and an unequaled dedication to the preservation of human life; (24) members of the United States Armed Forces on the ground in Vietnam had their confidence and battlefield prowess reinforced knowing that there were heroic Dust Off crews just a few minutes from the fight, which was instrumental to their well-being, willingness to fight, and morale; (25) military families in the United States knew that their loved ones would receive the quickest and best possible care in the event of a war-time injury, thanks to the Dust Off crews; (26) the willingness of Dust Off crews to also risk their lives to save helpless civilians left an immeasurably positive impression on the people of Vietnam and exemplified the finest American ideals of compassion and humanity; and (27) Dust Off crews from the Vietnam War hailed from every State in the United States and represented numerous ethnic, religious, and cultural backgrounds. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in honor of the Dust Off crews of the Vietnam War, collectively, in recognition of their heroic military service, which saved countless lives and contributed directly to the defense of our country. (b) Design and Striking.--For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary, in consultation with the Secretary of Defense. (c) Smithsonian Institution.-- (1) In general.--Following the award of the gold medal in honor of the Dust Off Crews of the Vietnam War, 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 Congress that the Smithsonian Institution should also make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Vietnam War, 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 pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. SEC. 5. NATIONAL MEDALS. The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. | Dust Off Crews of the Vietnam War Congressional Gold Medal Act This bill directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation of a Congressional Gold Medal in honor of the Dust Off crews (helicopter air ambulance crews) of the Vietnam War in recognition of their heroic military service. It is the sense of Congress that the Smithsonian Institution should also make such medal available for display elsewhere, particularly at appropriate locations associated with the Vietnam War, and that preference should be given to locations affiliated with the Smithsonian. |
SECTION 1. TREATMENT OF AFFILIATE TRANSACTIONS. (a) Commodity Exchange Act Amendments.--Section 1a(47) of the Commodity Exchange Act (7 U.S.C. 1a(47)), as added by section 721(a)(21) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: ``(G) Treatment of affiliate transactions.-- ``(i) In general.--For the purposes of any clearing and execution requirements under section 2(h) and any applicable margin and capital requirements of section 4s(e) and for purposes of defining `swap dealer' or `major swap participant', and reporting requirements other than those set forth in clause (ii), the term `swap' does not include any agreement, contract, or transaction that-- ``(I) would otherwise be included as a `swap' under subparagraph (A); and ``(II) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. ``(ii) Reporting.--All agreements, contracts, or transactions described in clause (i) shall be reported to either a swap data repository, or, if there is no swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 4r, or to a swap data repository or to the Commission pursuant to section 2(h)(5), within such time period as the Commission may by rule or regulation prescribe. Nothing in this subparagraph shall prohibit the Commission from establishing public reporting requirements for covered transactions between affiliates as described in sections 23A and 23B of the Federal Reserve Act in a manner consistent with rules governing the treatment of such covered transactions pursuant to section 2(a)(13) of this Act. ``(iii) Protection of insurance funds.-- Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject agreements, contracts, or transactions described in clause (i) to clearing and execution requirements under section 2 of this Act, to any applicable margin and capital requirements of section 4s(e) of this Act, or to reporting requirements of title VII of Public Law 111-203 other than those set forth in clause (ii) of this subparagraph. ``(iv) Preservation of federal reserve act authority.--Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. ``(v) Preservation of federal and state regulatory authorities.--Nothing in this subparagraph shall affect the Federal banking agencies' safety-and-soundness authorities over banks established in law other than title VII of Public Law 111-203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to swaps. For purposes of this clause, the term `bank' shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, `insurer' shall be defined pursuant to title V of Public Law 111-203, and `swap' shall be defined pursuant to title VII of Public Law 111-203. ``(vi) Prevention of evasion.--The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of swaps under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to swaps.''. (b) Securities Exchange Act of 1934 Amendments.--Section 3(a)(68) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(68)), as added by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: ``(F) Treatment of affiliate transactions.-- ``(i) In general.--For the purposes of any clearing and execution requirements under section 3C and any applicable margin and capital requirements of section 15F(e), and for purposes of defining `security-based swap dealer' or a `major security-based swap participant', and reporting requirements other than those set forth in clause (ii), the term `security-based swap' does not include any agreement, contract, or transaction that-- ``(I) would otherwise be included as a `security-based swap' under subparagraph (A); and ``(II) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. ``(ii) Reporting.--All agreements, contracts, or transactions described in clause (i) shall be reported to either a security- based swap data repository, or, if there is no security-based swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 13A, within such time period as the Commission may by rule or regulation prescribe. ``(iii) Preservation of federal reserve act authority.--Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. ``(iv) Protection of insurance funds.-- Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject security-based swap transactions between affiliated companies to clearing and execution requirements under section 3C, to any applicable margin and capital requirements of section 15F(e), or to reporting requirements of title VII of Public Law 111-203 other than those set forth in clause (ii). ``(v) Preservation of federal and state regulatory authorities.--Nothing in this subparagraph shall affect the Federal banking agencies' safety-and-soundness authorities over banks established in law other than title VII of Public Law 111-203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to security-based swaps. For purposes of this clause, the term `bank' shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, `insurer' shall be defined pursuant to title V of Public Law 111-203, and `security-based swap' shall be defined pursuant to title VII of Public Law 111-203. ``(vi) Prevention of evasion.--The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of security-based swap under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to security-based swaps.''. SEC. 2. IMPLEMENTATION. The amendments made by this Act to the Commodity Exchange Act shall be implemented-- (1) without regard to-- (A) chapter 35 of title 44, United States Code; and (B) the notice and comment provisions of section 553 of title 5, United States Code; (2) through the promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued, and (3) such that paragraph (1) shall apply solely to changes to rules and regulations, or proposed rules and regulations, that are limited to and directly a consequence of such amendments. Passed the House of Representatives March 26, 2012. Attest: KAREN L. HAAS, Clerk. | (Sec. 1) Amends the Commodity Exchange Act (CEA), as amended by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank), to exclude from the meaning of the term "swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a swap dealer or major swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. Requires that such exempted agreements, contracts, or transactions be reported to either a swap data repository, or, if no such repository would accept them, to the Commodity Futures Trading Commission (CFTC) within the time period prescribed by the CFTC. Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting agreements, contracts, or transactions between affiliated companies to specified clearing, capital and margin requirements, or reporting requirements of the Wall Street Transparency and Accountability Act of 2010 (WSTAA) (title VII of Dodd-Frank). States that such transactions, however, are not exempt from regulation under the Federal Reserve Act (FRA) with respect to transactions among banking affiliates. Preserves the safety-and-soundness authorities of the federal banking agencies, other than the authorities set forth in WSTAA. Authorizes the CFTC to prescribe rules that include in the definition of swaps any agreement, contract, or transaction that has been structured to evade CEA requirements applicable to swaps. Amends the Securities Exchange Act of 1934 (SEA), as amended by Dodd-Frank, to exclude from the meaning of the term "security-based swap," for purposes of clearing and execution requirements, capital and margin requirements, and for purposes of defining a security-based swap dealer or major security-based swap participant, any agreement, contract, or transaction that: (1) would otherwise be included as a "security-based swap"; and (2) is entered into by parties that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. Requires that such exempted agreements, contracts, or transactions be reported to either a security-based swap data repository, or, if no such repository would accept them, to the Securities and Exchange Commission (SEC) within the time period prescribed by the SEC. States that such transactions, however, are not exempt from regulation under the FRA with respect to transactions among banking affiliates. Retains federal or state regulatory authority to protect the integrity of an insurance fund or guaranty fund. Prohibits the regulator of such a fund, however, from subjecting security-based swap transactions between affiliated companies to specified clearing and execution requirements, capital and margin requirements, or reporting requirements of the WSTAA. Preserves the safety-and-soundness authorities of the federal banking agencies or state insurance regulators to impose capital requirements with regard to security-based swaps, other than the authorities set forth in WSTAA. Authorizes the SEC to prescribe rules that include in the definition of security-based swaps any agreement, contract, or transaction that has been structured to evade SEA requirements applicable to security-based swaps. (Sec. 2) Requires that the amendments to CEA made by this Act be implemented: (1) without regard to federal information policy requirements or the notice and comment requirements of federal administrative procedure; and (2) through promulgation of an interim final rule, pursuant to which public comment will be sought before a final rule is issued. Limits the disregard of such federal information policy and notice and comment requirements solely to changes to rules and regulations, or proposed rule and regulations, that are limited to, and directly a consequence of, the amendments to CEA made by this Act. |
SECTION 1. AUTHORIZATION FOR SITE SECURITY PROGRAM. The Reclamation Safety of Dams Act of 1978 is amended as follows: (1) In section 2, by inserting ``and site security'' after ``structural safety'' and before ``of Bureau of Reclamation dams''. (2) In section 3, by inserting ``and site security'' after ``dam safety'' and before ``and not for''. (3) In section 4(c)-- (A) by inserting in ``and all costs incurred for post-September 11, 2001 building and site security activities (including facility fortifications and modification and replacement of such fortifications, which shall be treated as capital costs for reimbursement purposes; and operation and maintenance (O&M) costs, including costs of guards and patrols, as identified in the Bureau of Reclamation's Report to Congress dated February 2006,)'' after ``for safety purposes'' and before ``shall be reimbursed to the extent''; (B) by inserting after ``provided in this subsection.'' the following: ``Nothing in this Act shall affect or alter the treatment of costs for the continuation of pre-September 11, 2001 building and site security activities.''; (C) by inserting after paragraph (2) the following: ``(3) In the case of the Central Valley Project of California, safety of dams and site security costs allocated to irrigation and municipal and industrial water service shall be collected by the Secretary exclusively through inclusion of these costs in the operation and maintenance water rates, capital water rates, or both.''; (D) by renumbering paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (E) in paragraph (5) (as redesignated by subparagraph (D) above)-- (i) by striking ``Costs'' and inserting the following: ``(i) Modification costs''; and (ii) by inserting after ``of the rates so determined.'' the following: ``(ii) Reimbursable operation and maintenance costs, including costs of guards and patrols, shall be repaid annually, in accordance with the provisions of paragraph (1).'' (4) In section 4, by redesignating subsection (e) as subsection (f). (5) In section 4, by inserting after subsection (d) the following: ``(e) The Secretary is authorized to develop policies and procedures that are consistent with the requirements of subsection (f) and section 5A in order to provide for agreements with project beneficiaries for the return or reimbursable costs of site security activities.''. (6) In subsection 4(f) (as so redesignated by paragraph 4 above)-- (A) in paragraph (1), by inserting ``or site security measure,'' after ``of the modification'' and before ``the Secretary''; and (B) in paragraph (2), by inserting ``or site security measure.'' after ``of the modification''. SEC. 2. REPORTS TO CONGRESS. Section 5 of the Reclamation Safety of Dams Act of 1978 is amended-- (1) by inserting ``(a)(1)'' at the beginning of the first sentence; (2) by inserting ``for the modification of structures which result from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes'' after ``and ensuing fiscal years'' and before ``such sums as may be necessary,''; (3) by adding after paragraph (a)(1) the following: ``(2) Effective on the date of the enactment of this paragraph, there are hereby authorized for post-September 11, 2001, building and site security activities described in section 4(c) such sums as may be necessary, to remain available until expended.''; (4) by inserting ``(b)'' before ``Provided, that no funds''; (5) in subsection (b), by inserting ``the cause of which results from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes,'' after ``an existing dam under this Act,'' and before ``prior to 30 calendar days.''; and (6) by adding after subsection (b) the following: ``(c) The Secretary shall report annually to the Natural Resources Committee of the House of Representatives and the Energy and Natural Resources Committee of the Senate on building and site security actions and activities undertaken pursuant to this Act for each fiscal year. The report shall include a summary of Federal and non-Federal expenditures for the fiscal year and information relating to a 5-year planning horizon for the program, detailed to show pre-September 11, 2001, and post-September 11, 2001 costs for the building and site security activities.''. SEC. 3. OTHER REPORTING REQUIREMENTS. Section 5A(c)(3) of the Reclamation Safety of Dams Act of 1978 is amended to read as follows: ``(3) When a modification is the result of new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes, the response of the Secretary shall be included in the reports required by section 5(b).''. | Amends the Reclamation Safety of Dams Act of 1978 to: (1) authorize the Secretary of the Interior to make modifications to preserve the site security of Bureau of Reclamation dams and related facilities; and (2) provide for the reimbursement of all costs incurred for post-September 11, 2001 building and site security activities. Requires: (1) dam safety and site security costs allocated to irrigation, municipal, and industrial water service for the Central Valley Project, California, to be collected by the Secretary exclusively through inclusion of such costs in operation and maintenance rates, capital water rates, or both; and (2) reimbursable operation and maintenance costs to be repaid annually. Authorizes the Secretary to develop policies and procedures to provide for agreements with project beneficiaries for the return of reimbursable costs of site security activities. Authorizes appropriations for: (1) the modification of structures resulting from new hydrologic or seismic data or changes in the state-of-the-art criteria deemed necessary for safety purposes, with obligations exceeding a prescribed limit subject to a reporting requirement; and (2) post-September 11, 2001, building and site security activities. Requires the Secretary to: (1) report annually to specified committees on building and site activities undertaken; and (2) include in required reports the Secretary's response when a modification is the result of new data or criteria changes deemed necessary for safety purposes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Manufacturing Skills Act of 2014''. SEC. 2. DEFINITIONS. In this Act: (1) Eligible entity.--The term ``eligible entity'' means a State or a metropolitan area. (2) Institution of higher education.--The term ``institution of higher education'' means each of the following: (A) An institution of higher education, as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (B) A postsecondary vocational institution, as defined in section 102(c) of such Act (20 U.S.C. 1002(c)). (3) Manufacturing sector.--The term ``manufacturing sector'' means a manufacturing sector classified in code 31, 32, or 33 of the most recent version of the North American Industry Classification System developed under the direction of the Office of Management and Budget. (4) Metropolitan area.--The term ``metropolitan area'' means a standard metropolitan statistical area, as designated by the Director of the Office of Management and Budget. (5) Partnership.--The term ``Partnership'' means the Manufacturing Skills Partnership established in section 101(a). (6) State.--The term ``State'' means each of the several States of the United States, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. TITLE I--MANUFACTURING SKILLS PROGRAM SEC. 101. MANUFACTURING SKILLS PROGRAM. (a) Manufacturing Skills Partnership.--The Secretary of Commerce, Secretary of Labor, Secretary of Education, Secretary of the Department of Defense, and Director of the National Science Foundation shall jointly establish a Manufacturing Skills Partnership consisting of the Secretaries and the Director, or their representatives. The Partnership shall-- (1) administer and carry out the program established under this title; (2) establish and publish guidelines for the review of applications, and the criteria for selection, for grants under this title; and (3) submit an annual report to Congress on-- (A) the eligible entities that receive grants under this title; and (B) the progress such eligible entities have made in achieving the milestones identified in accordance with section 102(b)(2)(H). (b) Program Authorized.-- (1) In general.--From amounts appropriated to carry out this title, the Partnership shall award grants, on a competitive basis, to eligible entities to enable the eligible entities to carry out their proposals submitted in the application under section 102(b)(2), in order to promote reforms in workforce education and skill training for manufacturing in the eligible entities. (2) Grant duration.--A grant awarded under paragraph (1) shall be for a 3-year period, with grant funds under such grant distributed annually in accordance with subsection (c)(2). (3) Second grants.--If amounts are made available to award grants under this title for subsequent grant periods, the Partnership may award a grant to an eligible entity that previously received a grant under this title after such first grant period expires. The Partnership shall evaluate the performance of the eligible entity under the first grant in determining whether to award the eligible entity a second grant under this title. SEC. 102. APPLICATION AND AWARD PROCESS. (a) In General.--An eligible entity that desires to receive a grant under this title shall-- (1) establish a task force, consisting of leaders from the public, nonprofit, and manufacturing sectors, representatives of labor organizations, representatives of elementary schools and secondary schools, and representatives of institutions of higher education, to apply for and carry out a grant under this title; and (2) submit an application at such time, in such manner, and containing such information as the Partnership may require. (b) Application Contents.--The application described in subsection (a)(2) shall include-- (1) a description of the task force that the eligible entity has assembled to design the proposal described in paragraph (2); (2) a proposal that-- (A) identifies, as of the date of the application-- (i) the current strengths of the State or metropolitan area represented by the eligible entity in manufacturing; and (ii) areas for new growth opportunities in manufacturing; (B) identifies, as of the date of the application, manufacturing workforce and skills challenges preventing the eligible entity from expanding in the areas identified under subparagraph (A)(ii), such as-- (i) a lack of availability of-- (I) strong career and technical education; (II) educational programs in science, technology, engineering, or mathematics; or (III) a skills training system; or (ii) an absence of customized training for existing industrial businesses and sectors; (C) identifies challenges faced within the manufacturing sector by underrepresented and disadvantaged workers, including veterans, in the State or metropolitan area represented by the eligible entity; (D) provides strategies, designed by the eligible entity, to address challenges identified in subparagraphs (B) and (C) through tangible projects and investments, with the deep and sustainable involvement of manufacturing businesses; (E) identifies and leverages innovative and effective career and technical education or skills training programs in the field of manufacturing that are available in the eligible entity; (F) leverages other Federal funds in support of such strategies; (G) reforms State or local policies and governance, as applicable, in support of such strategies; and (H) holds the eligible entity accountable, on a regular basis, through a set of transparent performance measures, including a timeline for the grant period describing when specific milestones and reforms will be achieved; and (3) a description of the source of the matching funds required under subsection (d) that the eligible entity will use if selected for a grant under this title. (c) Award Basis.-- (1) Selection basis and maximum number of grants.-- (A) In general.--The Partnership shall award grants under this title, by not earlier than January 1, 2015, and not later than March 31, 2015, to the eligible entities that submit the strongest and most comprehensive proposals under subsection (b)(2). (B) Maximum number of grants.--For any grant period, the Partnership shall award not more than 5 grants under this title to eligible entities representing States and not more than 5 grants to eligible entities representing metropolitan areas. (2) Amount of grants.-- (A) In general.--The Partnership shall award grants under this title in an amount that averages, for all grants issued for a 3-year grant period, $10,000,000 for each year, subject to subparagraph (C) and paragraph (3). (B) Amount.--In determining the amount of each grant for an eligible entity, the Partnership shall take into consideration the size of the industrial base of the eligible entity. (C) Insufficient appropriations.--For any grant period for which the amounts available to carry out this title are insufficient to award grants in the amount described in subparagraph (A), the Partnership shall award grants in amounts determined appropriate by the Partnership. (3) Funding contingent on performance.--In order for an eligible entity to receive funds under a grant under this title for the second or third year of the grant period, the eligible entity shall demonstrate to the Partnership that the eligible entity has achieved the specific reforms and milestones required under the timeline included in the eligible entity's proposal under subsection (b)(2)(H). (4) Consultation with policy experts.--The Partnership shall assemble a panel of manufacturing policy experts and manufacturing leaders from the private sector to serve in an advisory capacity in helping to oversee the competition and review the competition's effectiveness. (d) Matching Funds.--An eligible entity receiving a grant under this title shall provide matching funds toward the grant in an amount of not less than 50 percent of the costs of the activities carried out under the grant. Matching funds under this subsection shall be from non-Federal sources and shall be in cash or in-kind. SEC. 103. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2015. (b) Availability.--Funds appropriated under this section shall remain available until expended. TITLE II--AUDIT OF FEDERAL EDUCATION AND SKILLS TRAINING SEC. 201. AUDIT OF FEDERAL EDUCATION AND SKILLS TRAINING. (a) Audit.--By not later than March 31, 2015, the Director of the National Institute of Standards and Technology, acting through the Advanced Manufacturing National Program Office, shall conduct an audit of all Federal education and skills training programs related to manufacturing to ensure that States and metropolitan areas are able to align Federal resources to the greatest extent possible with the labor demands of their primary manufacturing industries. In carrying out the audit, the Director shall work with States and metropolitan areas to determine how Federal funds can be more tailored to meet their different needs. (b) Report and Recommendations.--By not later than March 31, 2016, the Director of the National Institute of Standards and Technology shall prepare and submit a report to Congress that includes-- (1) a summary of the findings from the audit conducted under subsection (a); and (2) recommendations for such legislative and administrative actions to reform the existing funding for Federal education and skills training programs related to manufacturing as the Director determines appropriate. TITLE III--OFFSET SEC. 301. RESCISSION OF DEPARTMENT OF LABOR FUNDS. (a) Rescission of Funds.--Notwithstanding any other provision of law, an amount equal to the amount of funds made available to carry out title I for a fiscal year shall be rescinded, in accordance with subsection (b), from the unobligated discretionary funds available to the Secretary from prior fiscal years. (b) Return of Funds.--Notwithstanding any other provision of law, by not later than 15 days after funds are appropriated or made available to carry out title I, the Director of the Office of Management and Budget shall-- (1) identify from which appropriations accounts available to the Secretary of Labor the rescission described in subsection (a) shall apply; and (2) determine the amount of the rescission that shall apply to each account. | Manufacturing Skills Act of 2014 - Directs the Secretaries of Commerce, Labor, Education, and Defense (DOD) and the Director of the National Science Foundation (NSF) to jointly establish a Manufacturing Skills Partnership to administer and carry out a program to award compeititve, three-year grants to enable up to five states and five metropolitan areas to carry out proposals to promote reforms in workforce education and skill training for manufacturing. Requires the Director of the National Institute of Standards and Technology (NIST): (1) acting through the Advanced Manufacturing National Program Office, to conduct an audit of all federal education and skills training programs related to manufacturing to ensure that states and metropolitan areas are able to align federal resources with the labor demands of their primary manufacturing industries; and (2) to work with states and metropolitan areas to determine how federal funds can be more tailored to meet their different needs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``FAA Research, Engineering, and Development Authorization Act of 1997''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 48102(a) of title 49, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (2)(J); (2) by striking the period at the end of paragraph (3)(J) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(4) for fiscal year 1998, $229,673,000, including-- ``(A) $16,379,000 for system development and infrastructure projects and activities; ``(B) $27,089,000 for capacity and air traffic management technology projects and activities; ``(C) $23,362,000 for communications, navigation, and surveillance projects and activities; ``(D) $16,600,000 for weather projects and activities; ``(E) $7,854,000 for airport technology projects and activities; ``(F) $49,202,000 for aircraft safety technology projects and activities; ``(G) $56,045,000 for system security technology projects and activities; ``(H) $27,137,000 for human factors and aviation medicine projects and activities; ``(I) $2,891,000 for environment and energy projects and activities; and ``(J) $3,114,000 for innovative/cooperative research projects and activities.''. SEC. 3. RESEARCH GRANTS PROGRAM INVOLVING UNDERGRADUATE STUDENTS. (a) Program.--Section 48102 of title 49, United States Code, is amended by adding at the end the following new subsection: ``(h) Research Grants Program Involving Undergraduate Students.-- ``(1) Establishment.--The Administrator of the Federal Aviation Administration shall establish a program to utilize undergraduate and technical colleges in research on subjects of relevance to the Federal Aviation Administration. Grants may be awarded under this subsection for-- ``(A) research projects to be carried out at primarily undergraduate institutions and technical colleges; ``(B) research projects that combine research at primarily undergraduate institutions and technical colleges with other research supported by the Federal Aviation Administration; or ``(C) research on future training requirements on projected changes in regulatory requirements for aircraft maintenance and power plant licensees. ``(2) Notice of criteria.--Within 6 months after the date of the enactment of the FAA Research, Engineering, and Development Authorization Act of 1997, the Administrator of the Federal Aviation Administration shall establish and publish in the Federal Register criteria for the submittal of proposals for a grant under this subsection, and for the awarding of such grants. ``(3) Prinicpal criteria.--The principal criteria for the awarding of grants under this subsection shall be-- ``(A) the relevance of the proposed research to technical research needs identified by the Federal Aviation Administration; ``(B) the scientific and technical merit of the proposed research; and ``(C) the potential for participation by undergraduate students in the proposed research. ``(4) Competitive, merit-based evaluation.--Grants shall be awarded under this subsection on the basis of evaluation of proposals through a competitive, merit-based process.''. (b) Authorization of Appropriations.--Section 48102(a) of title 49, United States Code, as amended by this Act, is further amended by inserting ``, of which $750,000 shall be for carrying out the grant program established under subsection (h)'' after ``projects and activities'' in paragraph (4)(J). SEC. 4. LIMITATION ON APPROPRIATIONS. No sums are authorized to be appropriated to the Administrator of the Federal Aviation Administration for fiscal year 1998 for the Federal Aviation Administration Research, Engineering, and Development account, unless such sums are specifically authorized to be appropriated by the amendments made by this Act. SEC. 5. NOTICE OF REPROGRAMMING. If any funds authorized by the amendments made by this Act are subject to a reprogramming action that requires notice to be provided to the Appropriations Committees of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committees on Science and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. SEC. 6. SENSE OF CONGRESS ON THE YEAR 2000 PROBLEM. With the year 2000 fast approaching, it is the sense of Congress that the Federal Aviation Administration should-- (1) give high priority to correcting all 2-digit date- related problems in its computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; (2) assess immediately the extent of the risk to the operations of the Federal Aviation Administration posed by the problems referred to in paragraph (1), and plan and budget for achieving Year 2000 compliance for all of its mission-critical systems; and (3) develop contingency plans for those systems that the Federal Aviation Administration is unable to correct in time. | FAA Research, Engineering, and Development Authorization Act of 1997 - Amends Federal transportation law to authorize FY 1998 appropriations for specified aviation programs. Directs the Administrator of the Federal Aviation Administration (FAA) to establish a grant program to utilize undergraduate and technical colleges in research on subjects of relevance to the FAA. Sets forth criteria for the award of such grants. Authorizes appropriations for such grants, but limits the FY 1998 authorization for the FAA Research, Engineering, and Development account to sums specified by this Act. Expresses the sense of the Congress that the FAA should: (1) give priority to correcting all two-digit date-related problems in its computer systems to ensure its continued operation in the year 2000 and beyond; and (2) develop contingency plans for FAA systems it is unable to correct in time. |
SECTION 1. FINDINGS. Congress finds the following: (1) Under current law (49 U.S.C. 40102(a)(15)), only an airline that qualifies as ``a citizen of the United States'' (commonly referred to as a United States airline) may provide service between cities in the United States or on international routes obtained by the United States through international agreements. The law further provides that an airline will qualify as a citizen of the United States only if the airline is ``a corporation or association . . . which is under the actual control of citizens of the United States''. (2) Throughout its 47-year history (1938-1985), the Civil Aeronautics Board interpreted the governing law as requiring that United States interests be in ``actual control'' of all operations of the airline. The Department of Transportation continued these policies when it took over the responsibilities of the Civil Aeronautics Board in 1985. (3) To ensure that these long-standing policies remained in effect, Congress in 2003 passed an amendment specifically adding to the definition of ``citizen of the United States'' a requirement that the airline be ``under the actual control of citizens of the United States''. When this ``actual control'' test was specifically added to the law, it clearly was intended to codify the policy developed by the Civil Aeronautics Board and the Department, which required that United States interests control economic and competitive decisions of the airline, as well as safety and security decisions. (4) Congress has repeatedly refused the Department's requests to pass legislation to allow foreign interests to gain increased control of United States airlines by changing the statutory requirements that United States citizens must own 75 percent of the voting stock of United States airlines. The Department now seeks to accomplish increased foreign control by other means. (5) On November 7, 2005, the Department issued a Notice of Proposed Rulemaking (70 Fed. Reg. 67389) that proposes to change the Department's long-standing interpretation of ``actual control''. Under the proposed rules, United States citizens would be required to control decisions of a United States airline concerning commitments to the Civil Reserve Air Fleet, transportation security, safety, and organizational documents. However, United States citizens would not be required to control the airline's basic economic and competitive decisions, such as the cities to be served, the fares to be charged, the aircraft to be purchased, and the nature and size of the aircraft fleet. (6) The proposal to review long-standing policy and law through a new interpretation of ``actual control'' is contrary to the clear intent of Congress. (7) The proposed new interpretation would change long- standing policies and legal interpretations that ``actual control'' means control over all operations of the airline, not only decisions concerning security, safety, the Civil Reserve Air Fleet program, and organizational documents. (8) The Department's rulemaking is a major impairment of the policies and legal interpretation that Congress specifically required by statute in 2003, and that have been followed for over 60 years. Any major change in the definition of ``actual control'' should only be accomplished through the legislative process and should not be unilaterally imposed by the executive branch. (9) The development of an equitable ``open skies'' agreement between the United states and Europe is central to opening up markets, including access to Heathrow if commercially viable slots and facilities are available there and key rights beyond Heathrow, and both entities will benefit by moving the world's 2 largest aviation markets closer together. SEC. 2. LIMITATION ON CERTAIN ACTIONS. (a) In General.--For a period of one year after the date of enactment of this Act, the Secretary of Transportation shall not issue a decision on the notice of proposed rulemaking referred to in section 1(a)(5), issue any final rule, or make any fitness determination under section 41102 of title 49, United States Code, that would change the Department of Transportation's long-standing interpretation concerning what constitutes ``actual control'' of an airline for purposes of section 40102(a)(15) of such title. The Secretary may not submit a final rule to the Congress under chapter 8 of title 5, United States Code, before the date that is 180 days after the date on which the Secretary submits the report required by subsection (c). (b) Congressional Review.--Any final rule described in subsection (a) issued by the Secretary shall be treated as a major rule for purposes of chapter 8 of title 5, United States Code. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that assesses the impact of the proposed rules referred to in section 1(a)(5). At a minimum, the report shall include the following: (1) An assessment of the consequences of permitting greater participation of foreign interests in the direct operations of United States airlines, including the impact on national defense, competition between foreign and United States airlines, the growth of international air services performed by United States airlines and of the United States aviation industry manufacturers, and access of United States citizens, especially those living in rural communities, to aviation service. (2) If the Department interprets the proposed rules as allowing foreign owners of 25 percent or less of a United States airline's stock to gain control of the airline through supermajority voting requirements or other means, or as allowing agreements under which United States shareholders will vote their shares the same way as minority foreign shareholders, an analysis of the potential effects of such supermajority voting requirements or agreements on-- (A) national defense; (B) competition between foreign and United States airlines and aviation industry manufacturers; (C) access to domestic aviation services; and (D) whether such agreements would be consistent with the statutory requirement that permits an airline to qualify as a citizen of the United States only if at least 75 percent of the voting interest in the airline is owned or controlled by persons that are citizens of the United States. (3) An analysis of how the Department will ensure that United States citizens maintain control over matters having an impact on issues concerning Civil Reserve Air Fleet participation, safety, and security if foreign interests are allowed to exercise control over issues concerning a United States airline's day-to-day operations, market strategy, and fleet management. (4) An analysis of the portion of the proposed rules that provides that the new interpretation of ``actual control'' would apply only in cases in which a foreign country grants United States interests ``reciprocal access to investments in their carriers'', and an analysis of-- (A) how the Department can adopt an interpretation that will permit a definition of ``actual control'' to vary depending on policies followed by a foreign country; (B) how the Department would define ``reciprocal access''; (C) how the Department would determine that the home country of a foreign airline does not deny United States citizens reciprocal access to investments in its own airlines; and (D) whether, as part of ``reciprocal access'', the Department would require control by United States interests over economic decisions by a foreign airline. (5) An analysis of whether under the proposed rule the Federal Government will have adequate ability to review the source of foreign capital. (6) An analysis of the effects the proposed rules would have on the wages, working conditions, and job opportunities of United States airline employees, including job opportunities in international air transportation. (7) An analysis of whether under the proposed rules interested parties would be notified of and have an opportunity to comment on an application submitted to the Department under which a foreign interest could gain effective control of a United States airline. D23/ | Prohibits the Secretary of Transportation from issuing any final rule that would change the Department of Transportation's (DOT) interpretation of what constitutes "actual control" of an airline with respect to requirements prohibiting foreign interests from exercising actual control over all airline operations. Directs the Secretary to report to Congress on the impact of DOT's proposed change of allowing foreign interests to control economic and competitive decisions while requiring U.S. citizens to control decisions concerning commitments to the Civil Reserve Air Fleet, transportation security, safety, and organizational documents. (Under current law, only an airline that qualifies as "a citizen of the United States" may provide service between U.S. cities or on international routes obtained by the United States through international agreements. Defines "a citizen of the United States" as an individual who is a citizen of the United States, a partnership each of whose partners is an individual who is a citizen of the United States, or a corporation or association in which at least 75% of the voting interest is owned or controlled by persons that are citizens of the United States). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Udall-Eisenhower Arctic Wilderness Act''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--The Congress finds the following: (1) Americans cherish the continued existence of expansive, unspoiled wilderness ecosystems and wildlife found on their public lands, and feel a strong moral responsibility to protect this wilderness heritage as an enduring resource to bequeath undisturbed to future generations of Americans. (2) It is widely believed by ecologists, wildlife scientists, public land specialists, and other experts that the wilderness ecosystem centered around and dependent upon the Arctic coastal plain of the Arctic National Wildlife Refuge, Alaska, represents the very epitome of a primeval wilderness ecosystem and constitutes the greatest wilderness area and diversity of wildlife habitats of its kind in the United States. (3) President Dwight D. Eisenhower initiated protection of the wilderness values of the Arctic coastal plain in 1960 when he set aside 8,900,000 acres establishing the Arctic National Wildlife Range expressly ``for the purpose of preserving unique wildlife, wilderness and recreational values''. (4) In 1980, when the Congress acted to strengthen the protective management of the Eisenhower-designated area with the enactment of the Alaska National Interest Lands Conservation Act (Public Law 96-487), Representative Morris K. Udall led the effort to more than double the size of the Arctic National Wildlife Refuge and extend statutory wilderness protection to most of the original area. (5) Before the enactment of the Alaska National Interest Lands Conservation Act, the House of Representatives twice passed legislation that would have protected the entire Eisenhower-designated area as wilderness, including the Arctic coastal plain. (6) A majority of Americans have supported and continue to support preserving and protecting the Arctic National Wildlife Refuge, including the Arctic coastal plain, from any industrial development and consider oil and gas exploration and development in particular to be incompatible with the purposes for which this incomparable wilderness ecosystem has been set aside. (7) When the Arctic National Wildlife Refuge was established in 1980 by paragraph (2) of section 303 of the Alaska National Interest Lands Conservation Act (Public Law 96- 487; 94 Stat. 2390; 16 U.S.C. 668dd note), subparagraph (B)(iii) of such paragraph specifically stated that one of the purposes for which the Arctic National Wildlife Refuge is established and managed would be to provide the opportunity for continued subsistence uses by local residents, and, therefore, the lands designated as wilderness within the Refuge, including the area designated by this Act, are and will continue to be managed consistent with such subparagraph. (8) Canada has taken action to preserve those portions of the wilderness ecosystem of the Arctic that exist on its side of the international border and provides strong legal protection for the habitat of the Porcupine River caribou herd that migrates annually through both countries to calve on the Arctic coastal plain. (9) The extension of full wilderness protection for the Arctic coastal plain within the Arctic National Wildlife Refuge will still leave most of the North Slope of Alaska available for the development of energy resources, which will allow Alaska to continue to contribute significantly to meeting the energy needs of the United States without despoiling the unique Arctic coastal plain of the Arctic National Wildlife Refuge. (b) Statement of Policy.--The Congress hereby declares that it is the policy of the United States-- (1) to honor the decades of bipartisan efforts that have increasingly protected the great wilderness ecosystem of the Arctic coastal plain; (2) to sustain this natural treasure for the current generation of Americans; and (3) to do everything possible to protect and preserve this magnificent natural ecosystem so that it may be bequeathed in its unspoiled natural condition to future generations of Americans. SEC. 3. DESIGNATION OF ADDITIONAL WILDERNESS, ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA. (a) Designation.--A portion of the Arctic National Wildlife Refuge in Alaska comprising approximately 1,559,538 acres, as generally depicted on the map entitled ``Arctic National Wildlife Refuge, Coastal Plain Proposed Wilderness'', dated October 20, 2015, labeled with Map ID 03-0172, and available for inspection in the offices of the Secretary of the Interior, is designated as a component of the National Wilderness Preservation System under the Wilderness Act (16 U.S.C. 1131 et seq.). (b) Administration.--The Secretary of the Interior shall administer the area designated as wilderness by subsection (a) in accordance with the Wilderness Act as part of the wilderness area already in existence within the Arctic National Wildlife Refuge as of the date of the enactment of this Act. | Udall-Eisenhower Arctic Wilderness Act This bill designates approximately 1,559,538 acres of land within Alaska in the Arctic National Wildlife Refuge (ANWR) as a component of the National Wilderness Preservation System. |
SECTION 1. PROVIDING FLEXIBILITY WITH RESPECT TO PREMIUM ASSISTANCE UNDER MEDICAID. (a) In General.--Section 1906 of the Social Security Act (42 U.S.C. 1396e) is amended-- (1) in subsection (c)(2), by striking ``such plan.'' and inserting ``such group health plan.''; and (2) by inserting after subsection (c) the following new subsection: ``(d) State Option for Nonelderly, Nondisabled Adults.-- ``(1) In general.--Beginning on January 1, 2018, in the case of a State electing the option described in paragraph (2) of subsection (a), the Secretary may, upon the approval of a State plan amendment submitted by the State, waive the requirement of paragraph (3) of such subsection to the extent such requirement provides for payment of premiums and deductibles and other cost-sharing obligations with respect to the items and services described in such paragraph furnished to individuals described in paragraph (3) of this subsection. ``(2) Cost-effectiveness.-- ``(A) In general.--The Secretary may approve a State plan amendment under this subsection if the Secretary determines that the payment of premiums and deductibles and other cost-sharing obligations under the group health plan or plans involved is cost- effective relative to the amount of expenditures under the State plan, including administrative expenditures, and excluding payments for copayments or coinsurance, that the State would have made to provide comparable coverage of the individuals described in paragraph (3) involved. ``(B) Determination.--For purposes of subparagraph (A), cost-effectiveness shall be determined-- ``(i) on an annual basis by comparing-- ``(I) the amount of expenditures per employer for coverage under the group health plan or plans involved of the individuals described in paragraph (3) for the preceding 4 calendar quarters; to ``(II) the average per capita amount of expenditures that the State made under the State plan to provide comparable coverage of such individuals for such calendar quarters; and ``(ii) in the case of individuals described in paragraph (3) who are parents of children-- ``(I) if the parent is eligible for enrollment in a group health plan, based on the cost of purchasing family coverage under the group health plan; and ``(II) if the parent is not so eligible, based on the cost of individual coverage for the parent and each child. ``(C) Child defined.--In this paragraph, the term `child' has the meaning given such term in section 1902(e)(13)(G). ``(3) Nonelderly, nondisabled adults.--The individuals described in this paragraph are individuals who are under 65 years of age, not pregnant, not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII, are not described in subclauses (I) through (VII) of section 1902(a)(10)(A)(i), and otherwise entitled to medical assistance under this title.''. (b) Premium Assistance Subsidy Option.--Section 1906A of the Social Security Act (42 U.S.C. 1396e-1) is amended by adding at the end the following new subsection: ``(f) State Option for Nonelderly, Nondisabled Adults.-- ``(1) In general.--Beginning on January 1, 2018, in the case of a State electing to provide a premium assistance subsidy as described in subsection (a), the Secretary may, upon the approval of a State plan amendment submitted by the State, waive the requirement of subsection (e) to the extent such requirement provides for payment of premiums and deductibles and other cost-sharing obligations with respect to the items and services described in such subsection furnished to individuals described in paragraph (3). ``(2) Cost-effectiveness.-- ``(A) In general.--The Secretary may approve a State plan amendment under this subsection if the Secretary determines that the payment of premiums and deductibles and other cost-sharing obligations under the qualified employer-sponsored coverage involved is cost-effective relative to the amount of expenditures under the State plan, including administrative expenditures, and excluding payments for copayments or coinsurance, that the State would have made to provide comparable coverage of the individuals described in paragraph (3)(B) involved. ``(B) Determination.--For purposes of subparagraph (A), cost-effectiveness shall be determined-- ``(i) on an annual basis by comparing-- ``(I) the amount of expenditures per employer for coverage under the qualified employer-sponsored coverage involved of the individuals described in paragraph (3)(B) for the preceding 4 calendar quarters; to ``(II) the average per capita amount of expenditures that the State made under the State plan to provide comparable coverage of such individuals for such calendar quarters; and ``(ii) in the case of individuals described in paragraph (3) who are parents of individuals under 19 years of age-- ``(I) if the parent is eligible for enrollment in qualified employer- sponsored coverage, based on the cost of purchasing family coverage under such qualified employer-sponsored coverage; and ``(II) if the parent is not so eligible, based on the cost of individual coverage for the parent and each such individual under 19 years of age. ``(3) Nonelderly, nondisabled adults.--The individuals described in this paragraph are individuals (or the parents of individuals) who are-- ``(A) participating in a premium assistance subsidy under this section for qualified employer-sponsored coverage; and ``(B) under 65 years of age, not pregnant, not entitled to, or enrolled for, benefits under part A of title XVIII, or enrolled for benefits under part B of title XVIII, and are not described in subclauses (I) through (VII) of section 1902(a)(10)(A)(i).''. | This bill allows the Centers for Medicare & Medicaid Services (CMS) to waive specified requirements for a state Medicaid program to provide certain premium assistance if the CMS determines that such waivers are cost-effective. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ferry Intermodal Transportation Act''. SEC. 2. FERRIES. (a) Findings.--The Congress finds the following: (1) Today's ferries are a critical transportation component in many communities, providing vital transportation services for passengers, automobiles, buses, and trucks in locations where practical alternatives are insufficient or do not exist. (2) Ferries provide alternatives to other transport modes that are facing severe capacity constraints. (3) Ferries do not require the construction of costly infrastructure such as roads, bridges, or tunnels, thereby reducing environmental impacts, capital investment, and the time required to begin operation. (4) Ferries reduce single-occupancy vehicle traffic, thereby reducing traffic congestion, air pollution, and energy use. (5) Ferries are flexible because vessels and some loading facilities may be shifted to new locations to respond to changes in demand or in times of national emergency. (6) Joint efforts by private operators and local governments already have resulted in highly innovative and successful ferry operations in many urban areas. (7) The Department of Transportation strategic plan for the National Transportation System urges emphasis on those modes of transportation that promote those interests ``of critical importance to our country, including clean air, reducing energy consumption and safe, comfortable, and cost effective transportation'' goals that ferry transportation embodies. (8) Ferry transportation is an important and unique component of the national transportation system which should be encouraged and supported in those communities for which it is applicable. (b) Study.-- (1) In general.--The Secretary of Transportation shall conduct a study of ferry transportation in the United States and its possessions-- (A) to identify existing ferry operations, including-- (i) the locations and routes served; (ii) the name, the United States official number, and a description of each vessel operated as a ferry; (iii) the source and amount, if any, of funds derived from Federal, State, or local government sources supporting ferry operations; and (iv) the impact of ferry transportation on local and regional economies; and (B) to identify potential domestic ferry routes in the United States and its possessions and to develop information on those routes, including-- (i) locations and routes that might be served; (ii) estimates of capacity required; (iii) estimates of capital costs of developing those routes; (iv) estimates of annual operating costs for these routes; (v) estimates of the economic impact of these routes on local and regional economies; and (vi) the potential for use of high speed ferry services. (2) Report.--The Secretary shall submit a report on the results of the study required under subsection (a) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (c) Meeting With State Metropolitan Planning Organizations.--After submitting the report required by subsection (b), the Secretary of Transportation shall-- (1) meet with the chief metropolitan planning organization officer of each metropolitan area in which a ferry service is operated or for which a potential ferry route is identified in the report; and (2) in that meeting discuss the results of the study under subsection (a) and availability of resources, both Federal and State, for providing ferry services. (d) Funding.--Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 129 note) is amended to read as follows: ``(c) Authorization.--There shall be available, out of the Highway Trust Fund (other than the Mass Transit Account), to the Secretary for obligation at the discretion of the Secretary, $18,000,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002 in carrying out this section. Such sums shall remain available until expended.''. (e) Ferry Operating and Leasing Amendments.-- (1) Facilitation of private ownership and leasing.--Section 129(c) of title 23, United States Code, is amended-- (A) in paragraph (3) by striking ``owned.'' and inserting ``owned or operated.''; and (B) in paragraph (6), by striking ``sold, leased, or'' and inserting ``sold or''. (2) Documentation; citizenship of members of owner entities.--Section 12102(d)(1) of title 46, United States Code, is amended by inserting ``or the issuance of any certificate of documentation for a small passenger vessel, a passenger vessel, or a ferry,'' after ``endorsement,''. (f) Loan Guarantees.-- (1) In general.--The Secretary of Transportation may guarantee, or make a commitment to guarantee, the payment of the principal of, and the interest on, an obligation for ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions. A guarantee or commitment under this subsection shall be made-- (A) under standards and requirements equivalent to those under title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271 et seq.); and (B) subject to such terms as the Secretary may require. (2) Simplified process.--A guarantee or commitment made under this subsection is subject to all laws, requirements, and procedures applicable to guarantees or commitments made under title XI of that Act, except the Secretary shall by rule provide a simplified application and compliance process for guarantees and commitments made under this subsection. (3) Authorization.--There is authorized to be appropriated to carry out this subsection $7,000,000 for each of fiscal years 1998, 1999, 2000, 2001, and 2002. | Ferry Intermodal Transportation Act - Directs the Secretary of Transportation to study, and submit a report on the results to specified congressional committees, ferry transportation in the United States and its possessions in order to identify: (1) existing ferry operations; and (2) potential U.S. ferry routes in the United States and its possessions and to develop certain information on them. Directs the Secretary to meet with State metropolitan planning organizations to discuss the results of the study and the availability of both Federal and State resources for providing ferry services. Amends the Intermodal Surface Transportation Efficiency Act of 1991 to make amounts available, out of the Highway Trust Fund (other than the Mass Transit Account), for the construction of ferry boats and ferry terminal facilities. Amends Federal shipping law, with regard to the issuance of a certificate of documentation for a small passenger vessel, passenger vessel, or a ferry, to declare that the members of an association, trust, joint venture, or other entity that owns a vessel that is not registered under the laws of a foreign country or titled in a State do not all have to be U.S. citizens provided the vessel is subject to a charter to a U.S. citizen. Authorizes the Secretary to guarantee loans for ferry operations in the transportation of passengers or passengers and vehicles in the United States and its possessions. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Wildlife Refuge System Operations Enhancement Act of 2007''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The National Wildlife Refuge System is a unique network of Federal lands that provides wildlife dependent recreational opportunities to the overwhelming majority of the 40 million people who visit at least one refuge in a year. (2) There are 547 national wildlife refuges comprised of 96 million acres of Federal land. These refuges are located in every State, island possession, and territory of the United States. These lands are a national treasure. (3) A decade ago, the Congress enacted the National Wildlife Refuge System Improvement Act of 1997 (Public Law 105- 97), which was a landmark law that established for the first time an organic statute and mission statement for the System. (4) Four years ago, the National Wildlife Refuge System celebrated the 100th anniversary of the designation of the first refuge by President Theodore Roosevelt at Pelican Island, Florida on March 14, 1903. (5) In commemoration of that historic event, the Congress created the National Wildlife Refuge System Centennial Commission and appropriated the highest level of funding ever for refuge operations. (6) Since the end of that anniversary celebration, however, funding for refuge operations has significantly declined, and the United States Fish and Wildlife Service has not received adequate funding to offset either inflation or uncontrollable fixed costs like salary and benefit increases, energy costs, and General Services Administration rent adjustments. (7) The net result is that the United States Fish and Wildlife Service now has 600 vacant positions with a total workforce of only 9,000 full-time employees. There are also now 86 refuges that are closed to the public and 188 refuges that are unstaffed. (8) According to the Cooperative Alliance for Refuge Enhancement, a coalition of 20 conservation and hunting organizations including Ducks Unlimited, the National Audubon Society, and the Congressional Sportsmen's Foundation, ``[t]he National Wildlife Refuge System faces a crippling conservation deficit''. (9) According to the United States Fish and Wildlife Service with respect to the Northeast Region of the Service, ``[i]n three years, 74 percent of the national wildlife refuges (70 refuges) would be operating either `in the red' or at crisis levels, in 5 years, 89 percent, and in 7 years, 93 percent''. This funding crisis is being felt throughout the National Wildlife Refuge System. (10) It is essential that the Congress appropriate additional funds for refuge operations and enact new funding mechanisms that alleviate some, if not all, of these staggering operational deficits. (b) Purpose.--The purpose of this Act is to establish new funding mechanisms to pay for the otherwise unfunded costs of operating and maintaining the National Wildlife Refuge System. TITLE I--MIGRATORY BIRD HUNTING STAMPS SEC. 101. PRICE OF STAMP. (a) Increase in Price.-- (1) In general.--Sections 2(b) of the Act of March 16, 1934 (chapter 71; 16 U.S.C. 718b(b)), popularly known as the Duck Stamp Act, is amended to read as follows: ``(b) Price of Stamp.--A person authorized to sell stamps under this section shall collect, for each stamp sold-- ``(1) $20 for a stamp for any of hunting years 2008 through 2010; and ``(2) $25 for a stamp for each hunting year after hunting year 2010.''. (2) Limitation on application.--This subsection shall not affect the application of section 2 of such Act before July 1, 2008. (b) Use of Additional Funds.--Section 4(b) of such Act (16 U.S.C. 718d(b)) is amended-- (1) in paragraph (1), by striking ``So much'' and inserting ``Subject to paragraph (3), so much''; (2) in paragraph (2), by striking ``paragraph (3) and subsection (c)'' and inserting ``paragraphs (3) and (4)''; and (3) by adding at the end the following: ``(4) Refuge operations.--The amount received for each stamp sold in excess of $15.00 shall be used by the Secretary for the costs of national wildlife refuge operations.''. SEC. 102. SENSE OF CONGRESS. It is the sense of the Congress that nothing in this title should directly or indirectly cause a net decrease in total funds received by the United States Fish and Wildlife Service for national wildlife refuge operations account below the level that would otherwise have been received but for the enactment of this section. TITLE II--SPECIAL POSTAGE STAMP SEC. 201. SHORT TITLE. This title may be cited as the ``National Wildlife Refuge System Semipostal Stamp Act of 2007''. SEC. 202. SPECIAL POSTAGE STAMP FOR THE NATIONAL WILDLIFE REFUGE SYSTEM. (a) In General.--In order to afford a convenient way for members of the public to contribute to funding for the operations of the National Wildlife Refuge System, the United States Postal Service shall provide for a special postage stamp in accordance with subsection (b). (b) Terms and Conditions.--The issuance and sale of the stamp referred to in subsection (a) shall be governed by section 416 of title 39, United States Code, and regulations under such section, subject to the following: (1) Disposition of proceeds.--All amounts becoming available from the sale of such stamp shall be transferred to the United States Fish and Wildlife Service, for the purpose described in subsection (a), through payments which shall be made at least twice a year. (2) Duration.--Such stamp shall be made available to the public for a period of at least 3 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Limitation.--Such stamp shall not be counted for purposes of applying any numerical limitation under subsection (e)(1)(C) of such section. TITLE III--DESIGNATION OF INCOME TAX OVERPAYMENT SEC. 301. SHORT TITLE. This title may be cited as ``National Wildlife Refuge Checkoff Act of 2007''. SEC. 302. DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND. (a) In General.--Subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to returns and records) is amended by adding at the end thereof the following new part: ``PART IX--DESIGNATION OF OVERPAYMENTS AND CONTRIBUTIONS FOR THE NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND ``Sec. 6097. Amounts for National Wildlife Refuge System Trust Fund. ``SEC. 6097. AMOUNTS FOR NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND. ``(a) In General.--With respect to each taxpayer's return for the taxable year of the tax imposed by chapter 1, such taxpayer may designate that-- ``(1) $1 of any overpayment of such tax for such taxable year, and ``(2) any cash contribution which the taxpayer includes with such return, be paid over to the National Wildlife Refuge System Trust Fund. ``(b) Joint Returns.--In the case of a joint return showing an overpayment of $2 or more, each spouse may designate $1 of such overpayment under subsection (a)(1). ``(c) Manner and Time of Designation.--A designation under subsection (a) may be made with respect to any taxable year only at the time of filing the return of the tax imposed by chapter 1 for such taxable year. Such designation shall be made on the first page of the return. ``(d) Overpayments Treated as Refunded.--For purposes of this title, any overpayment of tax designated under subsection (a) shall be treated as being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 61 of such Code is amended by adding at the end thereof the following new item: ``Part IX. Designation of Overpayments and Contributions for the National Wildlife Refuge System Trust Fund.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of enactment of this Act. SEC. 303. ESTABLISHMENT OF NATIONAL WILDLIFE REFUGE SYSTEM TRUST FUND. (a) In General.--Subchapter A of chapter 98 of the Internal Revenue Code of 1986 (relating to trust fund code) is amended by adding at the end thereof the following new section: ``SEC. 9511. NATIONAL WILDLIFE REFUGE SYSTEM 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 `National Wildlife Refuge System Trust Fund', consisting of such amounts as may be appropriated or credited to the National Wildlife Refuge System Trust Fund as provided in this section or section 9602(b). ``(b) Transfer to National Wildlife Refuge System Trust Fund of Amounts Designated.--There is hereby appropriated to the National Wildlife Refuge System Trust Fund amounts equivalent to the amounts designated under section 6097 and received in the Treasury. ``(c) Expenditures From Trust Fund.-- ``(1) In general.--The Secretary shall pay, not less often than quarterly, to the United States Fish and Wildlife Service from the National Wildlife Refuge System Trust Fund an amount equal to the amount in such Fund as of the time of such payment less any administrative expenses of the Secretary which may be paid under paragraph (2). ``(2) Administrative expenses.--Amounts in the National Wildlife Refuge System Trust Fund shall be available to pay the administrative expenses of the Department of the Treasury directly allocable to-- ``(A) modifying the individual income tax return forms to carry out section 6097, ``(B) carrying out this chapter with respect to such Fund, and ``(C) processing amounts received under section 6097 and transferring such amounts to such Fund.''. (b) Clerical Amendment.--The table of sections for such subchapter A is amended by adding at the end thereof the following new item: ``Sec. 9511. National Wildlife Refuge System Trust Fund.''. | National Wildlife Refuge System Operations Enhancement Act of 2007 - Increases the price of Migratory Bird Hunting and Conservation Stamps. Requires amounts received for such stamps sold in excess of $15.00 to be used by the Secretary of the Interior for the costs of national wildlife refuge operations. National Wildlife Refuge System Semipostal Stamp Act of 2007 - Sets forth provisions for the issuance and sale of a special postage stamp in order to afford a convenient way for the public to contribute toward funding the operations of the National Wildlife Refuge System. National Wildlife Refuge Checkoff Act of 2007 - Permits a taxpayer to designate that $1 of any tax overpayment, and any cash contribution which the taxpayer includes with such return, shall be deposited into the National Wildlife Refuge System Trust Fund established by this Act. Requires the Secretary of the Treasury to make payments to the U.S. Fish and Wildlife Service (USFWS) from such Fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Reuse Community Partnership Act''. SEC. 2. BASE DISPOSAL MANAGEMENT CONTRACT. (a) Use of Independent Site Manager.--(1) In order to fulfill the responsibilities of the Secretary of Defense under a base closure law, the Secretary may enter into one or more contracts with independent entities (in this section referred to as a ``Site Manager'') to assist the Secretary in managing the site planning, approval, preparation, and disposal of excess and surplus real property at military installations to be closed or realigned under such base closure law. The Secretary shall select a Site Manager in consultation with the affected local community and may make the selection without reference to Federal acquisition laws and regulations. (2) During the term of a contract entered under this subsection and the five-year period beginning on the termination date of the contract, the Site Manager subject to that contract (and its affiliates) shall be barred from bidding for or acquiring any interest in real property or facilities located at any of the military installations to be managed by the Site Manager, unless such acquisition is necessary to execute the terms of the contract. (b) Qualifications.--In selecting a Site Manager, the Secretary of Defense shall ensure that the Site Manager, either directly or through its principals, has had prior experience-- (1) in the site planning of properties located at military installations; (2) in dealing with local land use authorities in the States in which the military installations to be managed are located; (3) in managing the cleanup of hazardous waste contamination; (4) in resolving land use issues under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the National Historic Preservation Act of 1966 (16 U.S.C. 470 et seq.); and (5) in meeting such other qualifications as the Secretary considers to be necessary to perform the tasks set forth in this section. (c) Duties Generally.--Under the contract entered into under subsection (a), a Site Manager shall-- (1) analyze the land use potential of the military installations to be managed by the Site Manager; (2) coordinate with the applicable State and local authorities to develop reuse options and obtain necessary zoning and infrastructure approvals with respect to these installations; (3) manage the remediation of any adverse environmental conditions on these installations; (4) coordinate with State and Federal agencies to complete all reports and analyses required under applicable law with respect to these installations; (5) initiate and coordinate the notices and consultations with Federal, State, regional, and local agencies contemplated under the authority delegated to the Secretary of Defense under a base closure law and the procedures contemplated under section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411); (6) manage through the use of community assets the maintenance and interim use of these installations pending final disposition; (7) prepare real property and facilities at these installations for disposal (including any necessary site- clearing and infrastructure installation); and (8) manage the sale of sale parcels in accordance with subsection (f). (d) Appraisal.--Before incurring any expenses under the contract, the Secretary of Defense shall cause each proposed sale parcel at a military installation to be managed by a Site Manager to be appraised to determine the then-current ``as-is'' value of the parcel. The appraisal shall be conducted in accordance with land appraisal regulations issued by the Office of the Comptroller of the Currency and the Office of Thrift Supervision under title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 3331 et seq.). (e) Budget.--A Site Manager and the Secretary of Defense shall jointly develop a detailed budget for each phase of the site preparation and approval process for each military installation to be managed by the Site Manager. The contract entered into under subsection (a) shall authorize the Site Manager through the sole exercise of its reasonable business judgment, in accordance with the approved budget and without reference to Federal acquisition laws and regulations, to engage contractors and other professionals to complete all aspects of the site preparation and approval process, including environmental remediation. The Secretary shall reimburse the Site Manager for the reasonable overhead costs incurred by the Site Manager and for payments due under the contracts and subcontracts contemplated by this section. (f) Sale Procedures and Disposition of Proceeds.--After a sale parcel managed by a Site Manager has received all necessary approvals and is otherwise ready for sale, the Site Manager shall sell the parcel, as an agent for the Secretary of Defense, in one or more transactions. Each sale shall be on terms acceptable to the Secretary, determined in consultation with the Site Manager and appropriate local authorities. The proceeds from each sale shall be divided among the Department of Defense, the Site Manager involved, and appropriate local authorities as follows: (1) The Secretary of Defense shall receive an amount equal to-- (A) the initial ``as-is'' appraised value of the parcel established in accordance with subsection (d); (B) the costs incurred by the Secretary under the contract with the Site Manager (other than environmental analysis and remediation costs, costs of preparing or conducting reports, analyses, notices, and consultations required under applicable law, property maintenance costs, and all other costs that the Secretary would be required to incur if the contract with the Site Manager did not exist) and the reasonable costs of conducting the sale; and (C) \1/3\ of the remainder of the proceeds. (2) From amounts remaining after operation of paragraph (1), the applicable local authorities, as determined by the Secretary, shall receive \1/2\ of the remainder. If the appropriate local authorities cannot be determined satisfactorily to the Secretary, the State in which the military installation involved is located shall receive the amount that would be distributed pursuant to this paragraph. (3) From amounts remaining after operation of paragraph (1), the Site Manager involved shall receive \1/2\ of the remainder. (g) Reports.--(1) At such intervals as the Secretary of Defense may prescribe, each Site Manager shall submit to the Secretary reports describing the activities of the Site Manager under a contract entered into under subsection (a) and such other information as the Secretary may require. (2) Not later than May 31, 1994, and May 31, 1995, the Secretary of Defense shall submit to Congress a report regarding all military installations covered by a contract under this section and the status of the site preparation and disposal process at the installations. (h) Base Closure Law Defined.--For purposes of this section, the term ``base closure law'' means each of the following: (1) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (2) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (3) Section 2687 of title 10, United States Code. (4) Any other similar law enacted after the date of the enactment of this Act. | Defense Reuse Community Partnership Act - Authorizes the Secretary of Defense, in order to fulfill responsibilities under the base closure laws, to contract with independent entities (site managers) for the management of site planning, approval, preparation, and disposal of excess and surplus real property at military installations to be closed or realigned under a base closure law. Prohibits each site manager chosen, during the term of the contract and five years thereafter, from bidding on or acquiring any real property located at such installation. Outlines site manager qualifications and general duties. Requires the appraisal of each proposed sale parcel at each such military installation. Directs a site manager and the Secretary to develop a detailed budget for each phase of the site preparation and approval process for each installation. Directs the site manager to sell site parcels after obtaining all required approvals. Divides the sale proceeds between the Department of Defense, the site manager, and appropriate local authorities in a specified priority. Requires certain reports. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Dream Downpayment Act''. SEC. 2. DOWNPAYMENT ASSISTANCE INITIATIVE UNDER HOME PROGRAM. (a) Downpayment Assistance Initiative.--Subtitle E of title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12821) is amended to read as follows: ``Subtitle E--Other Assistance ``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE. ``(a) Grant Authority.--The Secretary may make grants to participating jurisdictions to assist low-income families to achieve homeownership, in accordance with this section. ``(b) Eligible Activities.-- ``(1) In general.--Grants made under this section may be used only for downpayment assistance toward the purchase of single family housing by low-income families who are first-time homebuyers. ``(2) Definition.--For purposes of this subtitle, the term `downpayment assistance' means assistance to help a family acquire a principal residence. ``(c) Housing Strategy.--To be eligible to receive a grant under this section for a fiscal year, a participating jurisdiction shall include in its comprehensive housing affordability strategy submitted under section 105 for such year, a description of the use of the grant amounts. ``(d) Formula Allocation.-- ``(1) In general.--For each fiscal year, the Secretary shall allocate any amounts made available for assistance under this section for the fiscal year in accordance with a formula, established by the Secretary, that considers a participating jurisdiction's need for and prior commitment to assistance to homebuyers. ``(2) Allocation amounts.--The formula referred to in paragraph (1) may include minimum and maximum allocation amounts. ``(e) Reallocation.-- ``(1) In general.--Except as provided in paragraph (2), if any amounts allocated to a participating jurisdiction under this section become available for reallocation, the amounts shall be reallocated to other participating jurisdictions in accordance with the formula established pursuant to subsection (d). ``(2) Exception.--If a local participating jurisdiction failed to receive amounts allocated under this section and is located in a State that is a participating jurisdiction, the funds shall be reallocated to the State. ``(f) Applicability of Other Provisions.-- ``(1) In general.--Except as otherwise provided in this section, grants made under this section shall not be subject to the provisions of this title. ``(2) Applicable provisions.--In addition to the requirements of this section, grants made under this section shall be subject to the provisions of title I, sections 215(b), 218, 219, 221, 223, 224, and 226(a) of subtitle A of this title, and subtitle F of this title. ``(3) References.--In applying the requirements of subtitle A referred to in paragraph (2)-- ``(A) any references to funds under subtitle A shall be considered to refer to amounts made available for assistance under this section; and ``(B) any references to funds allocated or reallocated under section 217 or 217(d) shall be considered to refer to amounts allocated or reallocated under subsection (d) or (e) of this section, respectively. ``(g) Administrative Costs.--Notwithstanding section 212(c), a participating jurisdiction may use funds under subtitle A for administrative and planning costs of the jurisdiction in carrying out this section, and the limitation in section 212(c) shall be based on the total amount of funds available under subtitle A and this section. ``(h) Funding.-- ``(1) Fiscal year 2002.--This section constitutes the subsequent legislation authorizing the Downpayment Assistance Initiative referred to in the item relating to the `HOME Investment Partnerships Program' in title II of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2002 (Public Law 107- 73; 115 Stat. 666). ``(2) Subsequent fiscal years.--There is authorized to be appropriated to carry out this section $200,000,000 for each of fiscal years 2003 through 2006.''. (b) Relocation Assistance and Downpayment Assistance.--Subtitle F of title II of the Cranston-Gonzalez National Affordable Housing Act is amended by inserting after section 290 (42 U.S.C. 12840) the following: ``SEC. 291. RELOCATION ASSISTANCE AND DOWNPAYMENT ASSISTANCE. ``The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 shall not apply to downpayment assistance under this title.''. SEC. 3. REAUTHORIZATION OF SHOP PROGRAM. Section 11(p) of the Housing Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 note) is amended by striking ``such sums as may be necessary for fiscal year 2001'' and inserting ``$65,000,000 for fiscal year 2003 and such sums as may be necessary for fiscal year 2004''. SEC. 4. REAUTHORIZATION OF HOPE VI PROGRAM. (a) Authorization of Appropriations.--Section 24(m)(1) of the United States Housing Act of 1937 (42 U.S.C. 1437v(m)(1)) is amended by striking ``$600,000,000'' and all that follows through ``2002'' and inserting the following: ``$574,000,000 for fiscal year 2003''. (b) Sunset.--Section 24(n) of the United States Housing Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2002'' and inserting ``September 30, 2003''. | American Dream Downpayment Act - Amends the Cranston-Gonzalez National Affordable Housing Act to direct the Secretary of Housing and Urban Development to make grants to participating jurisdictions for downpayment assistance to low-income, first-time home buyers.Amends the Housing Opportunity Program Extension Act of 1996 to authorize appropriations for the self-help housing homeownership program.Amends the United States Housing Act of 1937 to extend, and authorize appropriations for, the HOPE VI program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Opportunities for Military Veterans Act''. SEC. 2. VALUE-ADDED AGRICULTURAL MARKET DEVELOPMENT PROGRAM GRANTS. Section 231(b) of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a(b)) is amended-- (1) in paragraph (6)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).''; and (2) in paragraph (7)(B), by striking ``2012'' and inserting ``2017''. SEC. 3. OUTREACH AND ASSISTANCE FOR SOCIALLY DISADVANTAGED FARMERS AND RANCHERS AND VETERAN FARMERS AND RANCHERS. (a) Outreach and Assistance for Socially Disadvantaged Farmers and Ranchers and Veteran Farmers and Ranchers.--Section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279) is amended-- (1) in the section heading, by inserting ``and veteran farmers and ranchers'' after ``ranchers''; (2) in subsection (a)-- (A) in paragraph (2)(B)(i), by inserting ``and veteran farmers or ranchers'' after ``ranchers''; and (B) in paragraph (4)-- (i) in subparagraph (A)-- (I) in the heading, by striking ``Fiscal years 2009 through 2012'' and inserting ``Mandatory funding''; (II) in clause (i), by striking ``and'' at the end; (III) in clause (ii), by striking the period at the end and inserting ``; and''; and (IV) by adding at the end the following: ``(iii) $5,000,000 for each of fiscal years 2013 through 2017.''; and (ii) by striking subparagraph (B) and inserting the following: ``(B) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2013 through 2017.''; (3) in subsection (b)(2), by inserting ``or veteran farmers and ranchers'' after ``socially disadvantaged farmers and ranchers''; and (4) in subsection (c)-- (A) in paragraph (1)(A), by inserting ``veteran farmers or ranchers and'' before ``members''; and (B) in paragraph (2)(A), by inserting ``veteran farmers or ranchers and'' before ``members''. (b) Definition of Veteran Farmer or Rancher.--Section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)) is amended by adding at the end the following: ``(7) Veteran farmer or rancher.--The term `veteran farmer or rancher' means a farmer or rancher who served in the active military, naval, or air service, and who was discharged or released from the service under conditions other than dishonorable.''. SEC. 4. BEGINNING FARMER AND RANCHER DEVELOPMENT PROGRAM UNDER FARM SECURITY AND RURAL INVESTMENT ACT OF 2002. Section 7405 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 3319f) is amended-- (1) in subsection (c)(8)-- (A) in subparagraph (B), by striking ``and'' at the end; (B) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(D) beginning farmers and ranchers who are veterans (as defined in section 101 of title 38, United States Code).''; and (2) by redesignating subsection (h) as subsection (i); (3) by inserting after subsection (g) the following: ``(h) State Grants.-- ``(1) Definition of eligible entity.--In this subsection, the term `eligible entity' means-- ``(A) an agency of a State or political subdivision of a State; ``(B) a national, State, or regional organization of agricultural producers; and ``(C) any other entity determined appropriate by the Secretary. ``(2) Grants.--The Secretary shall use such sums as are necessary of funds made available to carry out this section for each fiscal year under subsection (i) to make grants to States, on a competitive basis, which States shall use the grants to make grants to eligible entities to establish and improve farm safety programs at the local level.''; and (4) in subsection (i) (as redesignated by paragraph (2))-- (A) in paragraph (1)-- (i) in the heading, by striking ``for fiscal years 2009 through 2012''; (ii) in subparagraph (A), by striking ``and'' at the end; (iii) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (iv) by adding at the end the following: ``(C) $17,000,000 for each of fiscal years 2013 through 2017, to remain available until expended.''; (B) in paragraph (2)-- (i) in the heading, by striking ``for fiscal years 2009 through 2012''; and (ii) by striking ``2012'' and inserting ``2017''; and (C) by striking paragraph (3). SEC. 5. MILITARY VETERANS AGRICULTURAL LIAISON. (a) In General.--Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by inserting after section 218 (7 U.S.C. 6918) the following: ``SEC. 219. MILITARY VETERANS AGRICULTURAL LIAISON. ``(a) Authorization.--The Secretary shall establish in the Department the position of Military Veterans Agricultural Liaison. ``(b) Duties.--The Military Veterans Agricultural Liaison shall-- ``(1) provide information to returning veterans about, and connect returning veterans with, beginning farmer training and agricultural vocational and rehabilitation programs appropriate to the needs and interests of returning veterans, including assisting veterans in using Federal veterans educational benefits for purposes relating to beginning a farming or ranching career; ``(2) provide information to veterans concerning the availability of and eligibility requirements for participation in agricultural programs, with particular emphasis on beginning farmer and rancher programs; ``(3) serving as a resource for assisting veteran farmers and ranchers, and potential farmers and ranchers, in applying for participation in agricultural programs; and ``(4) advocating on behalf of veterans in interactions with employees of the Department. ``(c) Contracts and Cooperative Agreements.--For purposes of carrying out the duties under subsection (b), the Military Veterans Agricultural Liaison may enter into contracts or cooperative agreements with the research centers of the Agricultural Research Service, institutions of higher education, or nonprofit organizations for-- ``(1) the conduct of regional research on the profitability of small farms; ``(2) the development of educational materials; ``(3) the conduct of workshops, courses, and certified vocational training; ``(4) the conduct of mentoring activities; or ``(5) the provision of internship opportunities.''. (b) Conforming Amendments.--Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended-- (1) in paragraph (6)(C), by striking the ``or'' at the end; (2) in paragraph (7), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(8) the authority of the Secretary to establish in the Department the position of Military Veterans Agricultural Liaison in accordance with section 219.''. SEC. 6. CONSERVATION RESERVE PROGRAM TRANSITION INCENTIVE PROGRAM. (a) In General.--Section 1235(f) of the Food Security Act of 1985 (16 U.S.C. 3835(f)) is amended-- (1) in paragraph (1), in the matter preceding subparagraph (A) by inserting ``, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))),'' before ``or socially disadvantaged farmer or rancher''; and (2) by adding at the end the following: ``(3) Authorization of appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for the period of fiscal years 2013 through 2017.''. SEC. 7. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM. Section 1240B(d)(4)(A) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(4)(A)) is amended in the matter preceding clause (i) by inserting ``, a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))),'' before ``or a beginning farmer or rancher''. SEC. 8. RESERVATION OF FUNDS TO PROVIDE ASSISTANCE TO CERTAIN FARMERS OR RANCHERS FOR CONSERVATION ACCESS. Section 1241(g) of the Food Security Act of 1985 (16 U.S.C. 3841(g)) is amended-- (1) in paragraph (1), by striking ``2012'' and inserting ``2017''; and (2) by adding at the end the following: ``(4) Preference.--In providing assistance under paragraph (1), the Secretary shall give preference to a veteran farmer or rancher (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))) that qualifies under subparagraph (A) or (B) of paragraph (1).''. SEC. 9. ADMINISTRATIVE REQUIREMENTS FOR CONSERVATION PROGRAMS. Section 1244(a)(2) of the Food Security Act of 1985 (16 U.S.C. 3844(a)(2)) is amended by adding at the end the following: ``(E) Veteran farmers or ranchers (as defined in section 2501(e) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e))).''. | Agricultural Opportunities for Military Veterans Act - Amends the Agricultural Risk Protection Act regarding the value-added agricultural product market development grants program to: (1) include farmers and ranchers who are veterans among priority recipients, and (2) authorize program appropriations through FY2017. Amends the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the outreach and assistance to socially disadvantaged farmers and ranchers program to: (1) include farmers and ranchers who are veterans, and (2) extend mandatory funding and authorization of appropriations through FY2017. Amends the Farm Security and Rural Investment Act of 2002 regarding the beginning farmer and rancher development program to: (1) provide set-asides for beginning farmers and ranchers who are veterans, and (2) extend mandatory funding and authorization of appropriations through FY2017. Amends the Department of Agriculture Reorganization Act of 1994 to direct the Secretary of Agriculture (USDA) to establish the position of Military Veterans Agricultural Liaison to: (1) provide returning veterans with information about beginning farmer training and agricultural vocational and rehabilitation programs; (2) provide veterans with information concerning the availability of, and eligibility requirements for, agricultural programs; and (3) advocate on behalf of veterans with USDA. Amends the Food Security Act of 1985 regarding the conservation reserve transition incentive program to: (1) include farmers and ranchers who are veterans, and (2) authorize appropriations through FY2017. Makes farmers and ranchers who are veterans eligible for increased payments under the environmental quality incentives program. Gives priority to beginning or socially disadvantaged farmers and ranchers who are veterans for assistance set-asides under the environmental quality incentives program and the conservation stewardship program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Recruitment Act of 2002''. SEC. 2. EXPANSION OF TEACHER LOAN FORGIVENESS PROGRAMS. (a) Guaranteed Student Loans.--Part B of title IV of the Higher Education Act of 1965 is amended by-- (1) redesignating section 428K (20 U.S.C. 1078-11) as section 428L; and (2) by inserting after section 428J the following new section: ``SEC. 428K. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 428J, in order to provide additional incentives for such individuals to teach in economically disadvantaged or depressed and underserved rural areas. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out a program, through the holder of the loan, of assuming the obligation to repay a qualified loan amount for a loan made under section 428 or 428H, in accordance with subsection (c), for any new borrower on or after October 1, 1998, who-- ``(A) is employed as a full-time teacher in a public elementary or secondary school in an economically disadvantaged or depressed and underserved rural area; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall repay not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under section 428 or 428H that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 460. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall repay under paragraph (1) of this subsection is 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a loan made under section 428C may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (b)(1)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section: ``(1) Area.--The term `economically disadvantaged or depressed and underserved rural area' means any of the following areas in any State (as that term is defined in section 103): ``(A) A rural area that has a chronically high rate of unemployment. ``(B) A rural area in which at least 30 percent of the households have household incomes of less than $15,000, as determined on the basis of the most recent decennial census. ``(C) An Indian reservation. ``(D) Any other rural area that, as determined by regulations, has a significant shortage of educational and employment opportunities. ``(2) Indian reservation.--The term `Indian reservation' includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native Alaskan groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). ``(3) Year.--The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. (b) Direct Student Loans.--Part D of title IV of the Higher Education Act of 1965 is amended by inserting after section 460 the following new section: ``SEC. 460A. EXPANDED LOAN FORGIVENESS FOR TEACHERS. ``(a) Purpose.--It is the purpose of this section to expand, subject to the availability of appropriations therefor, the eligibility of individuals to qualify for loan forgiveness for teachers beyond that available under section 460, in order to provide additional incentives for such individuals to teach in economically disadvantaged or depressed and underserved rural areas. ``(b) Program Authorized.-- ``(1) In general.--From the sums appropriated pursuant to subsection (i), the Secretary shall carry out canceling the obligation to repay a qualified loan amount in accordance with subsection (c) for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans made under this part for any new borrower on or after October 1, 1998, but who-- ``(A) is employed as a full-time teacher in a public elementary or secondary school in an economically disadvantaged or depressed and underserved rural area; ``(B) has a State certification (which may include certification obtained through alternative means) or a State license to teach, and has not failed to comply with State or local accountability standards; and ``(C) is not in default on a loan for which the borrower seeks forgiveness. ``(2) Selection of recipients.--The Secretary shall by regulations, establish a formula that ensures fairness and equality for applicants in the selection of borrowers for loan repayment under this section, based on the amount available pursuant to subsection (i). ``(c) Qualified Loans Amount.-- ``(1) In general.--The Secretary shall cancel not more than the percentage specified in paragraph (2) of the loan obligation on a loan made under this part that is outstanding after the completion of each complete school year of teaching described in subsection (b)(1). No borrower may receive a reduction of loan obligations under both this section and section 428J. ``(2) Percentage eligible.--The percent of the loan obligation which the Secretary shall repay under paragraph (1) of this subsection is 15 percent for the first or second year of such service, 20 percent for the third or fourth year of such service, and 30 percent for the fifth year of such service. ``(3) Treatment of consolidation loans.--A loan amount for a Federal Direct Consolidation Loan may be a qualified loan amount for the purposes of this subsection only to the extent that such loan amount was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H for a borrower who meets the requirements of subsection (b), as determined in accordance with regulations prescribed by the Secretary. ``(4) Treatment of years of service for continuing education loans.--For purposes of paragraph (2), the year of service is determined on the basis of the academic year that the borrower began the service as a full-time teacher, except that in the case of a borrower who incurs a loan obligation for continuing education expenses while teaching, the year of service is determined on the basis of the academic year following the academic year for which the loan obligation was incurred. ``(d) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section. ``(e) Construction.--Nothing in this section shall be construed to authorize any refunding of any repayment of a loan. ``(f) List.--If the list of schools in which a teacher may perform service pursuant to subsection (b)(1)(A) is not available before May 1 of any year, the Secretary may use the list for the year preceding the year for which the determination is made to make such service determination. ``(g) Additional Eligibility Provisions.-- ``(1) Continued eligibility.--Any teacher who performs service in a school that-- ``(A) meets the requirements of subsection (b)(1)(A) in any year during such service; and ``(B) in a subsequent year fails to meet the requirements of such subsection, may continue to teach in such school and shall be eligible for loan forgiveness pursuant to subsection (b). ``(2) Prevention of double benefits.--No borrower may, for the same service, receive a benefit under both this section and subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12571 et seq.). ``(h) Definition.--For purposes of this section: ``(1) Area.--The term `economically disadvantaged or depressed and underserved rural area' means any of the following areas in any State (as that term is defined in section 103): ``(A) A rural area that has a chronically high rate of unemployment. ``(B) A rural area in which at least 30 percent of the households have household incomes of less than $15,000, as determined on the basis of the most recent decennial census. ``(C) An Indian reservation. ``(D) Any other rural area that, as determined by regulations, has a significant shortage of educational and employment opportunities. ``(2) Indian reservation.--The term `Indian reservation' includes Indian reservations, public domain Indian allotments, former Indian reservations in Oklahoma, and land held by incorporated Native Alaskan groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). ``(3) Year.--The term `year', where applied to service as a teacher, means an academic year as defined by the Secretary. ``(i) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and each of the 5 succeeding fiscal years.''. | Teacher Recruitment Act of 2002 - Amends the Higher Education Act of 1965 (HEA) to establish new programs for teacher student loan forgiveness, under the guaranteed loan program and the direct loan program.Makes eligible for such student loan forgiveness any new borrower on or after October 1, 1998, who is: (1) employed as a full-time teacher in a public elementary or secondary school in an economically disadvantaged or depressed and underserved rural area; (2) State-certified or State-licensed to teach, and in compliance with State or local accountability standards; and (3) not in default on the loan.Directs the Secretary to establish a formula that ensures fairness and equality for applicants in the selection of borrowers for such loan repayment under this section, based on the amount available.Limits the portion of the outstanding loan obligation which the Secretary may repay to 15 percent for the first or second year of such service, 20 percent for the third or fourth year, and 30 percent for the fifth year. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Denying Safe Havens to International and War Criminals Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS Sec. 101. Temporary transfer of persons in custody for prosecution. Sec. 102. Prohibiting fugitives from benefiting from fugitive status. Sec. 103. Transfer of foreign prisoners to serve sentences in country of origin. Sec. 104. Transit of fugitives for prosecution in foreign countries. TITLE II--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST INTERNATIONAL CRIME Sec. 201. Streamlined procedures for execution of MLAT requests. Sec. 202. Temporary transfer of incarcerated witnesses. TITLE III--ANTI-ATROCITY ALIEN DEPORTATION Sec. 301. Inadmissibility and removability of aliens who have committed acts of torture abroad. Sec. 302. Establishment of the Office of Special Investigations. TITLE I--DENYING SAFE HAVENS TO INTERNATIONAL CRIMINALS SEC. 101. TEMPORARY TRANSFER OF PERSONS IN CUSTODY FOR PROSECUTION. (a) In General.--Chapter 306 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4116. Temporary transfer for prosecution ``(a) State Defined.--In this section, the term `State' includes a State of the United States, the District of Columbia, and a commonwealth, territory, or possession of the United States. ``(b) Authority of Attorney General With Respect to Temporary Transfers.-- ``(1) In general.--Subject to subsection (d), if a person is in pretrial detention or is otherwise being held in custody in a foreign country based upon a violation of the law in that foreign country, and that person is found extraditable to the United States by the competent authorities of that foreign country while still in the pretrial detention or custody, the Attorney General shall have the authority-- ``(A) to request the temporary transfer of that person to the United States in order to face prosecution in a Federal or State criminal proceeding; ``(B) to maintain the custody of that person while the person is in the United States; and ``(C) to return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence. ``(2) Requirements for requests by attorney general.--The Attorney General shall make a request under paragraph (1) only if the Attorney General determines, after consultation with the Secretary of State, that the return of that person to the foreign country in question would be consistent with international obligations of the United States. ``(c) Authority of Attorney General With Respect to Pretrial Detentions.-- ``(1) In general.-- ``(A) Authority of attorney general.--Subject to paragraph (2) and subsection (d), the Attorney General shall have the authority to carry out the actions described in subparagraph (B), if-- ``(i) a person is in pretrial detention or is otherwise being held in custody in the United States based upon a violation of Federal or State law, and that person is found extraditable to a foreign country while still in the pretrial detention or custody pursuant to section 3184, 3197, or 3198; and ``(ii) a determination is made by the Secretary of State and the Attorney General that the person will be surrendered. ``(B) Actions.--If the conditions described in subparagraph (A) are met, the Attorney General shall have the authority to-- ``(i) temporarily transfer the person described in subparagraph (A) to the foreign country of the foreign government requesting the extradition of that person in order to face prosecution; ``(ii) transport that person from the United States in custody; and ``(iii) return that person in custody to the United States from the foreign country. ``(2) Consent by state authorities.--If the person is being held in custody for a violation of State law, the Attorney General may exercise the authority described in paragraph (1) if the appropriate State authorities give their consent to the Attorney General. ``(3) Criterion for request.--The Attorney General shall make a request under paragraph (1) only if the Attorney General determines, after consultation with the Secretary of State, that the return of the person sought for extradition to the foreign country of the foreign government requesting the extradition would be consistent with United States international obligations. ``(4) Effect of temporary transfer.--With regard to any person in pretrial detention-- ``(A) a temporary transfer under this subsection shall result in an interruption in the pretrial detention status of that person; and ``(B) the right to challenge the conditions of confinement pursuant to section 3142(f) does not extend to the right to challenge the conditions of confinement in a foreign country while in that foreign country temporarily under this subsection. ``(d) Consent by Parties To Waive Prior Finding of Whether a Person Is Extraditable.--The Attorney General may exercise the authority described in subsections (b) and (c) absent a prior finding that the person in custody is extraditable, if the person, any appropriate State authorities in a case under subsection (c), and the requesting foreign government give their consent to waive that requirement. ``(e) Return of Persons.-- ``(1) In general.--If the temporary transfer to or from the United States of a person in custody for the purpose of prosecution is provided for by this section, that person shall be returned to the United States or to the foreign country from which the person is transferred on completion of the proceedings upon which the transfer was based. ``(2) Statutory interpretation.--In no event shall the return of a person under paragraph (1) require extradition proceedings.''. (b) Clerical Amendment.--The analysis for chapter 306 of title 18, United States Code, is amended by adding at the end the following: ``4116. Temporary transfer for prosecution.''. SEC. 102. PROHIBITING FUGITIVES FROM BENEFITING FROM FUGITIVE STATUS. (a) In General.--Chapter 163 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 2466. Fugitive disentitlement ``A person may not use the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action if that person-- ``(1) purposely leaves the jurisdiction of the United States; ``(2) declines to enter or reenter the United States to submit to its jurisdiction; or ``(3) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person.''. (b) Clerical Amendment.--The analysis for chapter 163 of title 28, United States Code, is amended by adding at the end the following: ``2466. Fugitive disentitlement.''. SEC. 103. TRANSFER OF FOREIGN PRISONERS TO SERVE SENTENCES IN COUNTRY OF ORIGIN. Section 4100(b) of title 18, United States Code, is amended in the third sentence by striking ``An offender'' and inserting ``Unless otherwise provided by treaty, an offender''. SEC. 104. TRANSIT OF FUGITIVES FOR PROSECUTION IN FOREIGN COUNTRIES. (a) In General.--Chapter 305 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 4087. Transit through the United States of persons wanted in a foreign country ``(a) In General.--The Attorney General may, in consultation with the Secretary of State, permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country. ``(b) Limitation on Judicial Review.--A determination by the Attorney General to permit or not to permit a temporary transit described in subsection (a) shall not be subject to judicial review. ``(c) Custody.--If the Attorney General permits a temporary transit under subsection (a), Federal law enforcement personnel may hold the person subject to that transit in custody during the transit of the person through the United States. ``(d) Conditions Applicable to Persons Subject to Temporary Transit.--Notwithstanding any other provision of law, a person who is subject to a temporary transit through the United States under this section shall-- ``(1) be required to have only such documents as the Attorney General shall require; and ``(2) not be considered to be admitted or paroled into the United States.''. (b) Clerical Amendment.--The analysis for chapter 305 of title 18, United States Code, is amended by adding at the end the following: ``4087. Transit through the United States of persons wanted in a foreign country.''. TITLE II--PROMOTING GLOBAL COOPERATION IN THE FIGHT AGAINST INTERNATIONAL CRIME SEC. 201. STREAMLINED PROCEDURES FOR EXECUTION OF MLAT REQUESTS. (a) In General.--Chapter 117 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1785. Assistance to foreign authorities ``(a) In General.-- ``(1) Presentation of requests.--The Attorney General may present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter pursuant to a treaty, convention, or executive agreement for mutual legal assistance between the United States and that government or in accordance with section 1782, the execution of which requires or appears to require the use of compulsory measures in more than 1 judicial district, to a judge or judge magistrate of-- ``(A) any 1 of the districts in which persons who may be required to appear to testify or produce evidence or information reside or are found, or in which evidence or information to be produced is located; or ``(B) the United States District Court for the District of Columbia. ``(2) Authority of court.--A judge or judge magistrate to whom a request for assistance is presented under paragraph (1) shall have the authority to issue those orders necessary to execute the request including orders appointing a person to direct the taking of testimony or statements and the production of evidence or information, of whatever nature and in whatever form, in execution of the request. ``(b) Authority of Appointed Persons.--A person appointed under subsection (a)(2) shall have the authority to-- ``(1) issue orders for the taking of testimony or statements and the production of evidence or information, which orders may be served at any place within the United States; ``(2) administer any necessary oath; and ``(3) take testimony or statements and receive evidence and information. ``(c) Persons Ordered To Appear.--A person ordered pursuant to subsection (b)(1) to appear outside the district in which that person resides or is found may, not later than 10 days after receipt of the order-- ``(1) file with the judge or judge magistrate who authorized execution of the request a motion to appear in the district in which that person resides or is found or in which the evidence or information is located; or ``(2) provide written notice, requesting appearance in the district in which the person resides or is found or in which the evidence or information is located, to the person issuing the order to appear, who shall advise the judge or judge magistrate authorizing execution. ``(d) Transfer of Requests.-- ``(1) In general.--The judge or judge magistrate may transfer a request under subsection (c), or that portion requiring the appearance of that person, to the other district if-- ``(A) the inconvenience to the person is substantial; and ``(B) the transfer is unlikely to adversely affect the effective or timely execution of the request or a portion thereof. ``(2) Execution.--Upon transfer, the judge or judge magistrate to whom the request or a portion thereof is transferred shall complete its execution in accordance with subsections (a) and (b).''. (b) Clerical Amendment.--The analysis for chapter 117 of title 28, United States Code, is amended by adding at the end the following: ``1785. Assistance to foreign authorities.''. SEC. 202. TEMPORARY TRANSFER OF INCARCERATED WITNESSES. (a) In General.--Section 3508 of title 18, United States Code, is amended-- (1) by striking the section heading and inserting the following: ``Sec. 3508. Temporary transfer of witnesses in custody''; (2) in subsection (a), by inserting ``In General.--'' after ``(a)''; and (3) by striking subsections (b) and (c) and inserting the following: ``(b) Transfer Authority.-- ``(1) In general.--If the testimony of a person who is serving a sentence, in pretrial detention, or otherwise being held in custody in the United States, is needed in a foreign criminal proceeding, the Attorney General shall have the authority to-- ``(A) temporarily transfer that person to the foreign country for the purpose of giving the testimony; ``(B) transport that person from the United States in custody; ``(C) make appropriate arrangements for custody for that person while outside the United States; and ``(D) return that person in custody to the United States from the foreign country. ``(2) Persons held for state law violations.--If the person is being held in custody for a violation of State law, the Attorney General may exercise the authority described in this subsection if the appropriate State authorities give their consent. ``(c) Return of Persons Transferred.-- ``(1) In general.--If the transfer to or from the United States of a person in custody for the purpose of giving testimony is provided for by treaty or convention, by this section, or both, that person shall be returned to the United States, or to the foreign country from which the person is transferred. ``(2) Limitation.--In no event shall the return of a person under this subsection require any request for extradition or extradition proceedings. ``(d) Applicability of International Agreements.--If there is an international agreement between the United States and the foreign country in which a witness is being held in custody or to which the witness will be transferred from the United States, that provides for the transfer, custody, and return of those witnesses, the terms and conditions of that international agreement shall apply. If there is no such international agreement, the Attorney General may exercise the authority described in subsections (a) and (b) if both the foreign country and the witness give their consent.''. (b) Clerical Amendment.--The analysis for chapter 223 of title 18, United States Code, is amended by striking the item relating to section 3508 and inserting the following: ``3508. Temporary transfer of witnesses in custody.''. TITLE III--ANTI-ATROCITY ALIEN DEPORTATION SEC. 301. INADMISSIBILITY AND REMOVABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE ABROAD. (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended by adding at the end the following: ``(iii) Commission of acts of torture.--Any alien who, outside the United States, has committed any act of torture, as defined in section 2340 of title 18, United States Code, is inadmissible.''. (b) Removability.--Section 237(a)(4)(D) of that Act (8 U.S.C. 1227(a)(4)(D)) is amended by striking ``clause (i) or (ii)'' and inserting ``clause (i), (ii), or (iii)''. (c) Effective Date.--The amendments made by this section shall apply to offenses committed before, on, or after the date of enactment of this Act. SEC. 302. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS. (a) Amendment of the Immigration and Nationality Act.--Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended by adding at the end the following: ``(g) The Attorney General shall establish within the Criminal Division of the Department of Justice an Office of Special Investigations with the authority of investigating, and, where appropriate, taking legal action to remove, denaturalize (as otherwise authorized by law), or prosecute any alien found to be in violation of clause (i), (ii), or (iii) of section 212(a)(3)(E).''. (b) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Department of Justice for the fiscal year 2000 such sums as may be necessary to carry out the additional duties established under section 103(g) of the Immigration and Nationality Act (as added by this Act) in order to ensure that the Office of Special Investigations fulfills its continuing obligations regarding Nazi war criminals. (2) Availability of funds.--Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended. Passed the Senate November 4, 1999. Attest: GARY SISCO, Secretary. | (Sec. 102) Amends the Federal judicial code to prohibit a person from using the resources of the courts of the United States in furtherance of a claim in any related civil forfeiture action or a claim in third party proceedings in any related criminal forfeiture action if that person: (1) purposely leaves U.S. jurisdiction; (2) declines to enter or reenter the United States to submit to its jurisdiction; or (3) otherwise evades the jurisdiction of the court in which a criminal case is pending against the person. (Sec. 103) Makes inapplicable a provision permitting an offender to be transferred from the United States to a country of which the offender is a citizen or national when otherwise provided by treaty. (Sec. 104) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country. Title II: Promoting Global Cooperation in the Fight Against International Crime - Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter the execution of which requires the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of any one of such districts or of the U.S. District Court for the District of Columbia. Grants such judge or magistrate the authority to issue orders to execute the request. (Sec. 202) Revises Federal criminal code provisions regarding custody and return of foreign witnesses to grant the Attorney General the authority, if testimony of a person serving a sentence, in pretrial detention, or otherwise being held in custody in the United States is needed in a foreign criminal proceeding, to: (1) temporarily transfer that person to the foreign country for the purpose of giving testimony; (2) transport that person from the United States in custody; (3) make appropriate arrangements for custody for that person while outside the United States; and (4) return that person in custody to the United States from the foreign country. Allows the Attorney General to exercise such authority over persons held in custody for a State law violation if the appropriate State authorities consent. Title III: Anti-Atrocity Alien Deportation - Amends the Immigration and Nationality Act to provide for the inadmissibility and removability of aliens who have committed acts of torture abroad. (Sec. 302) Directs the Attorney General to establish within the Criminal Division of the Department of Justice an Office of Special Investigations to investigate and remove, denaturalize, or prosecute alien participants of Nazi persecutions, genocide, or torture abroad. Authorizes appropriations. |
SECTION 1. PROCEDURES FOR SEEKING COMPENSATION. (a) In General.--Chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``Sec. 414. Compensation for certain wrongfully arrested individuals ``(a) Not later than 90 days after the date of the enactment of this section, the Judicial Officer shall by regulation establish procedures under which any individual described in subsection (b)(1)(A) may seek compensation under this section. ``(b) The regulations shall include provisions under which-- ``(1) a petition for compensation may be brought-- ``(A) by any individual-- ``(i) arrested by the Postal Inspection Service-- ``(I) after December 31, 1983; ``(II) pursuant to any investigation in which one or more paid confidential informants were used; ``(III) for violating any law of the United States, or of any State, prohibiting the use, sale, or possession of a controlled substance; but ``(ii) who is not convicted, pursuant to such arrest, of a violation of any law described in clause (i); ``(B) after all administrative and judicial procedures otherwise available to petitioner for seeking compensation in connection with the arrest have been exhausted, but not later than 2 years after the date as of which-- ``(i) the exhaustion requirement is met; or ``(ii) if later, any such petition may first be filed under this section; and ``(C) notwithstanding section 2676 or 2679 of title 28 or any other provision of law; ``(2) a petition for compensation under this section shall be considered by a panel of 3 administrative law judges who shall be-- ``(A) qualified by virtue of their background, objectivity, and experience; and ``(B) individuals detailed to the Postal Service, for purposes of this section, on a reimbursable basis; ``(3) the provisions of sections 556 and 557 of title 5 shall apply to any proceeding conducted by a panel of administrative law judges under this section; ``(4) a panel may award such amount to a petitioner as the panel considers appropriate to compensate petitioner for any harm or injury, resulting from petitioner's wrongful arrest, suffered by-- ``(A) the petitioner; ``(B) the petitioner's spouse, if any; or ``(C) a child of the petitioner, if any; except that not more than a total of $500,000 may be awarded to a petitioner under this section in connection with any particular arrest; and ``(5) compensation awarded under this section-- ``(A) shall be payable out of the Postal Service Fund; and ``(B) shall be computed taking into account the nature and degree of the harm or injury suffered, the degree to which the Postal Inspection Service failed to take reasonable precautions to prevent any such wrongful arrest from occurring, any history or pattern of similar wrongful arrests by the Postal Inspection Service, any compensation awarded in any earlier proceeding in connection with petitioner's arrest, and such other factors as the panel considers appropriate. ``(c) A determination under this section shall not be subject to any administrative or judicial review. ``(d) For purposes of this section-- ``(1) the term `Judicial Officer' means the Judicial Officer appointed under section 204; ``(2) the term `controlled substance' has the meaning given such term by section 102(6) of the Controlled Drug Abuse Prevention and Control Act of 1970; ``(3) the term `administrative law judge' means an administrative law judge appointed under section 3105 of title 5; and ``(4) a confidential informant shall be considered to be `paid' if such informant receives, or is to receive, a monetary or nonmonetary benefit (including any forbearance from a civil or criminal action) for the services involved.''. (b) Chapter Analysis.--The analysis for chapter 4 of title 39, United States Code, is amended by adding at the end the following: ``414. Compensation for certain wrongfully arrested individuals.''. | Requires the Judicial Officer of the U.S. Postal Service to establish procedures under which any individual arrested by the Postal Inspection Service (PIS) (pursuant to any investigation in which a paid confidential informant was used) after December 31, 1983, for violating a law prohibiting the use, sale, or possession of a controlled substance, who is not convicted of such offense, may seek compensation after exhausting all administrative and judicial procedures otherwise available. Requires a petition to be considered by a panel of three administrative law judges. Authorizes the panel to award such amount to a petitioner as it considers appropriate (up to $500,000) to compensate the individual for any harm or injury suffered by the petitioner or his or her spouse or child resulting from the petitioner's wrongful arrest. Requires the compensation to be: (1) payable out of the Postal Service Fund; and (2) computed taking into account the nature and degree of the harm or injury suffered, the degree to which the PIS failed to take reasonable precautions to prevent any such wrongful arrest from occurring, any history or pattern of similar wrongful arrests by PIS, and any compensation awarded in any earlier proceeding in connection with the petitioner's arrest. Exempts the panel's determinations from administrative or judicial review. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ice Age Floods National Geologic Trail Designation Act of 2004''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) At the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of Montana, Idaho, Washington and Oregon. (2) Geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on many Federal, State, tribal, county, municipal, and non-governmental lands in the region. (3) In 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail to recognize the national significance of this phenomenon and to coordinate public and private sector entities in the presentation of the story of the Ice Age Floods. (b) Purpose.--The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the Ice Age Floods' features and story through the collaborative efforts of public and private entities. SEC. 3. DEFINITIONS. As used in this Act: (1) Trail.--The term ``Trail'' means the Ice Age Floods National Geologic Trail designated in section 4. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Floods.--The term ``Ice Age Floods'' or ``floods'' means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age primarily from massive, rapid and recurring drainage of Glacial Lake Missoula. SEC. 4. ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL. (a) Designation.--In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b) Location.--The route of the Trail shall generally follow public roads and highways from the vicinity of Missoula in western Montana, across northern Idaho, through eastern and southern sections of Washington, and across northern Oregon in the vicinity of the Willamette Valley and the Columbia River to the Pacific Ocean as generally depicted on the map entitled ``Ice Age Floods National Geologic Trail,'' numbered_______, and dated______. (c) Maps.-- (1) Revisions.--The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the Cooperative Management and Interpretation Plan for the Trail required under section 5(f). (2) Availability.--Any map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. SEC. 5. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b) Trail Management Office.--In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a Trail management office within the vicinity of the Trail. (c) Interagency Technical Committee.--The Secretary shall establish an interagency technical committee to advise the trail management office in technical planning for the development of the Cooperative Management and Interpretation Plan. The interagency technical committee-- (1) shall include representation from the local, State, tribal, and Federal governments with interests in the floods and representation from the Ice Age Floods Institute; and (2) may include private property owners, business owners, and nonprofit organizations. (d) Trail Advisory Committee.--The Secretary shall establish and maintain a trail advisory committee comprised of individuals appointed by public land management agencies, local, State, and tribal governments, private citizens, and interested nonprofit organizations, including the Ice Age Floods Institute. The trail advisory committee shall assist the Trail manager and staff with the operation of the Trail. (e) Management Plan.--Not later than 3 years after funds are made available for this purpose, the Secretary shall prepare a Cooperative Management and Interpretation Plan for the Trail in consultation with State, local, and tribal governments, the Ice Age Floods Institute, private property owners, and other interested parties. The Cooperative Management and Interpretation Plan shall-- (1) describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that would present the floods' story to the public effectively; (2) identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the flood; (3) confirm and, if appropriate, expand upon the inventory of floods' features contained in the National Park Service study entitled ``Ice Age Floods, Study of Alternatives and Environmental Assessment'' (February, 2001) by locating features more accurately, improving the description of features, and reevaluating the features in terms of their interpretive potential; and (4) review and, if appropriate, modify the map of the Trail referred to in section 4(b)(1). (f) Land Acquisition.--The Secretary may acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the entire trail throughout Montana, Idaho, Washington and Oregon. Such acquisitions shall be consistent with the Cooperative Management and Interpretation Plan. Of these 25 acres, private land may be acquired from willing sellers only by exchange, donation, or purchase with donated or appropriated funds. Non-Federal public lands may be acquired from willing sellers only by donation or exchange and only after consultation with the affected local governments. (g) Interpretive Facilities.--The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the Cooperative Management and Interpretation Plan. (h) Private Property Rights.--Nothing in this Act shall be construed to require any private property owner to allow public access (including Federal, State or local government access) to such private property or to modify any provision of Federal, State or local law with regard to public access to or use of private lands. (i) Liability.--Designation of the trail shall not be considered to create any liability or to have any effect on any liability under any law of any private property owner with respect to any persons injured on such private property. (j) Cooperative Management.--In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail, and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91-383 (112 Stat. 3522; 16 U.S.C. 1a-2). For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (k) Cooperative Agreements.--The Secretary is authorized to enter into cooperative agreements with public or private entities to further the purposes of this Act. (l) United States Geological Survey.--The Secretary shall use the United States Geological Survey to assist the Interagency Technical Committee and the National Park Service carry out this Act. (m) Regulations Prohibited.--The Secretary may not promulgate regulations specifically for management of the Trail. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. Not more than $500,000 of funds appropriated for this Act may be used in each fiscal year for administration of the Trail. | Ice Age Floods National Geologic Trail Designation Act of 2004 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to establish and maintain a trail advisory committee to assist the Trail manager and staff with the operation of the Trail. Requires the Secretary to prepare a Cooperative Management and Interpretation Plan for the Trail to: (1) describe strategies for the coordinated development of the Trail; (2) identify potential partnering opportunities to develop interpretative facilities and educational programs; (3) confirm and expand upon the inventory of floods' features contained in a specified National Park Service study; and (4) review and modify the map of the Trail. Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Special Olympics Sport and Empowerment Act of 2004''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Special Olympics celebrates the possibilities of a world where everybody matters, everybody counts, every person has value, and every person has worth. (2) The Government and the people of the United States recognize the dignity and value the giftedness of children and adults with intellectual disabilities. (3) The Government and the people of the United States are determined to end the isolation and stigmatization of individuals with intellectual disabilities. (4) For more than 36 years, Special Olympics has encouraged skill, sharing, courage, and joy through year-round sports training and athletic competition for children and adults with intellectual disabilities. (5) Special Olympics provides year-round sports training and competitive opportunities to 1,500,000 athletes with intellectual disabilities in 26 sports and plans to expand the joy of participation through sport to hundreds of thousands of individuals with intellectual disabilities within the United States and worldwide over the next 5 years. (6) Special Olympics has demonstrated its ability to provide a major positive effect on the quality of life of individuals with intellectual disabilities, improving their health and physical well-being, building their confidence and self-esteem, and giving them a voice to become active and productive members of their communities. (7) In society as a whole, Special Olympics has become a vehicle and platform for breaking down artificial barriers, improving public health, changing negative attitudes in education, and helping athletes with intellectual disabilities overcome the prejudice that individuals with intellectual disabilities face in too many places. (8) The Government of the United States enthusiastically supports Special Olympics, recognizes its importance in improving the lives of individuals with intellectual disabilities, and recognizes Special Olympics as a valued and important component of the global community. (b) Purposes.--The purposes of this Act are to-- (1) provide support to Special Olympics to increase athlete participation in and public awareness about the Special Olympics movement; (2) dispel negative stereotypes about individuals with intellectual disabilities; (3) build athletic and family involvement through sport; and (4) promote the extraordinary gifts of individuals with intellectual disabilities. SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS. (a) Education Activities.--The Secretary of Education may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to promote the expansion of Special Olympics, including activities to increase the participation of individuals with intellectual disabilities within the United States. (2) The design and implementation of Special Olympics education programs, including character education and volunteer programs that support the purposes of this Act, that can be integrated into classroom instruction and are consistent with academic content standards. (b) International Activities.--The Secretary of State may award grants to, or enter into contracts or cooperative agreements with, Special Olympics to carry out the following: (1) Activities to increase the participation of individuals with intellectual disabilities in Special Olympics outside of the United States. (2) Activities to improve the awareness outside of the United States of the abilities of individuals with intellectual disabilities and the unique contributions that individuals with intellectual disabilities can make to society. (c) Healthy Athletes.-- (1) In general.--The Secretary of Health and Human Services may award grants to, or enter into contracts or cooperative agreements with, Special Olympics for the implementation of onsite health assessments, screening for health problems, health education, data collection, and referrals to direct health care services. (2) Coordination.--Activities under paragraph (1) shall be coordinated with activities of private health care providers, authorized programs of State and local jurisdictions, and activities of the Department of Health and Human Services, as applicable. (d) Limitation.--Amounts appropriated to carry out this section shall not be used for direct treatment of diseases, medical conditions, or mental health conditions. Nothing in the preceding sentence shall be construed to limit the use of non-Federal funds by Special Olympics. SEC. 4. APPLICATION AND ANNUAL REPORT. (a) Application.-- (1) In general.--To be eligible for a grant, contract, or cooperative agreement under subsection (a), (b), or (c) of section 3, Special Olympics shall submit an application at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, an application under this subsection shall contain the following: (A) Activities.--A description of activities to be carried out with the grant, contract, or cooperative agreement. (B) Measurable goals.--Information on specific measurable goals and objectives to be achieved through activities carried out with the grant, contract, or cooperative agreement. (b) Annual Report.-- (1) In general.--As a condition on receipt of any funds under subsection (a), (b), or (c) of section 3, Special Olympics shall agree to submit an annual report at such time, in such manner, and containing such information as the Secretary of Education, Secretary of State, or Secretary of Health and Human Services, as applicable, may require. (2) Content.--At a minimum, each annual report under this subsection shall describe the degree to which progress has been made toward meeting the goals and objectives described in the applicable application submitted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) for grants, contracts, or cooperative agreements under section 3(a), $5,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; (2) for grants, contracts, or cooperative agreements under section 3(b), $3,500,000 for fiscal year 2005, and such sums as may be necessary for each of the 4 succeeding fiscal years; and (3) for grants, contracts, or cooperative agreements under section 3(c), $6,000,000 for each of fiscal years 2005 through 2009. | Special Olympics Sport and Empowerment Act of 2004 - Authorizes the Secretaries of Education, of State, and of Health and Human Services to award grants to, or enter into contracts or cooperative agreements with, Special Olympics for specified education, international, and health activities, including ones promoting Special Olympics and a greater understanding of contributions to society by individuals with intellectual disabilities both within and outside of the United States. |
SECTION 1. CYBER AND INFORMATION TECHNOLOGY RANGES. (a) Management of Cyber Ranges and Facilities.--Subsection (b) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66) is amended-- (1) by adding at the end the following new paragraphs: ``(3) List of cyber and information technology ranges and facilities.-- ``(A) In general.--The Principal Cyber Advisor designated under subsection (c)(1) shall establish a comprehensive list of the cyber and information technology ranges and facilities of the Department of Defense. ``(B) Terminology.--In establishing the list under subparagraph (A), the Principal Cyber Advisor shall denote whether each cyber and information technology range and facility is-- ``(i) a `cyber range', as defined by the Principal Cyber Advisor pursuant to subsection (c)(2)(C); or ``(ii) an `IT range', as defined by the Principal Cyber Advisor pursuant to such subsection. ``(C) Submission.--Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Principal Cyber Advisor shall submit to the congressional defense committees the list established under subparagraph (A). ``(4) Management of systems.--The Principal Cyber Advisor shall determine, on a case by case basis, whether a cyber and information technology range and facility listed under paragraph (3)(A) should be centrally managed under paragraph (5) to increase efficiency, provide capability or capacity to more elements of the Department of Defense, or both. ``(5) Coordinating entity.-- ``(A) Establishment.--Not later than 270 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, the Secretary of Defense shall establish an entity, or designate an element of the Department of Defense, to coordinate cyber and information technology ranges and facilities that the Principal Cyber Advisor determines should be centrally managed under paragraph (4). ``(B) Duties.--With respect to the cyber and information technology ranges and facilities designated under paragraph (4), the head of the entity established or designated under subparagraph (A) shall be responsible for the following: ``(i) Managing the cyber and information technology ranges and facilities, including coordinating the scheduling of ranges and facilities. ``(ii) Identifying and providing guidance to the Secretary with respect to opportunities for integration among the cyber and information technology ranges and facilities regarding testing, training, and developing functions. ``(iii) Assisting the military departments, the National Guard, and the elements of the Department gain access to the cyber and information technology ranges and facilities. ``(C) Reports.--The head of the entity established or designated under subparagraph (A) shall submit to the congressional defense committees-- ``(i) an annual report on the opportunities for cost reduction and improvements to the integration and coordination of the cyber and information technology ranges and facilities; and ``(ii) by not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2015, an initial report on the status, integration efforts, and usage of cyber and information technology ranges and facilities. ``(6) Cyber and information technology ranges and facilities defined.--In this subsection, the term `cyber and information technology ranges and facilities' means cyber ranges, test facilities, test beds, and other means of the Department of Defense for testing, training, and developing software, personnel, and tools for accommodating the mission of the Department.''; and (2) in the heading, by inserting ``and Information Technology'' after ``Cyber''. (b) Common Terms.-- (1) In general.--Subsection (c)(2) of such section is amended by adding at the end the following new subparagraph: ``(C) Establishing and maintaining a list of terms and definitions with respect to commonly used terms relating to cyber matters to improve the coordination and cooperation among the military departments and among other departments and agencies of the Federal Government.''. (2) Establishment.--In carrying out section 932(c)(2)(C) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66), as added by paragraph (1), the Principal Cyber Advisor shall-- (A) establish the list of terms and definitions by not later than 270 days after the date of the enactment of this Act; and (B) use as a basis for such list Joint Publication 1-02, Department of Defense Dictionary of Military and Associated Terms (as amended through 31 January 2011). (c) Pilot Program.-- (1) In general.--The head of the entity established or designated under section 932(b)(5)(A) of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66), as added by subsection (a), shall carry out one or more pilot programs to demonstrate commercially available, cloud-based cyber training, exercise, and test environments (both unclassified and classified) that are available to meet the mission of the Department of Defense while providing the defense laboratories, the National Guard, academia, and the private sector access to such training, exercise, and test environments. (2) Evaluation.--The pilot programs under paragraph (1) shall evaluate the costs and benefits with respect to the following matters: (A) Persistent capability. (B) Remote access. (C) Capability to transfer information across classification levels. (D) Reuse of environments. (E) Routine integration of new technologies. (F) Use of commercially available cloud-based solutions that are compliant with the Federal Risk and Authorization Management Program. (G) Pay-per-use utility pricing model. (H) Any other matters the head determines appropriate. (3) Eligible entities.--The head shall select, using competitive procedures, defense laboratories and federally funded research and development centers to carry out pilot programs under paragraph (1). (4) Follow-on activities.--Based on the information learned under the pilot programs under paragraph (1), the Secretary of Defense may carry out any of the following activities: (A) Transition a pilot program to be carried out by the Secretary for operations, maintenance, and continued use by cyber organizations of the Department. (B) Provide persistent year-round accessibility of the environment for continued training during non- exercise periods. (C) Provide a ``certification quality'' environment for initial and recurring training of all cyber teams. (D) Replicate the capability of a pilot program to provide similar high-end training and exercise opportunities for non-Department cyber professionals, including in coordination with the Secretary of Homeland Security. (E) Sustain the research and development effort under a pilot program to continue updating network environments, targets and defended assets, and integration of new cyber tools. (F) Sustain technology infusion under a pilot program to apply and evaluate advanced concepts and solutions to problems that affect multiple mission spaces of the Department. (G) Create a library of virtual cyber templates that are ready to be used on short notice without the capital expenditures that would otherwise be required. | Amends the National Defense Authorization Act for Fiscal Year 2014 to require the Principal Cyber Advisor (PCA) (the principal advisor to the Secretary of Defense on military cyber forces) to establish and submit to Congress a comprehensive list of cyber and information technology ranges and facilities of the Department of Defense (DOD). Defines "cyber and information technology ranges and facilities" as cyber ranges, test facilities, test beds, and other DOD means for testing, training, and developing software, personnel, and tools for accommodating DOD's mission. Requires the PCA to determine, on a case-by-case basis, whether listed ranges and facilities should be managed centrally to increase efficiency, should provide capability or capacity to more DOD elements, or both. Directs the Secretary to establish or designate an entity to coordinate such ranges and facilities that the PCA determines should be centrally managed. Requires the head of such entity to: (1) manage and identify opportunities for integration of such ranges and facilities; and (2) assist the military departments, the National Guard, and elements of DOD to gain access to such ranges and facilities. Requires the PCA to establish and maintain a list of commonly used terms relating to cyber matters to improve the coordination and cooperation among the military departments and other federal agencies. Directs the head of the coordination entity to carry out one or more pilot programs to demonstrate commercially available, cloud-based cyber training, exercise, and test environments that are accessible to defense laboratories, the National Guard, academia, and the private sector. |
SECTION. 1. SHORT TITLE. This Act may be cited as the ``Space Access Improvement Act of 1999''. SEC. 2. FINDINGS. The Congress finds that-- (1) the commercialization of space has played a significant role in establishing the United States as an economic superpower; (2) vital services enabled by satellites in space, such as global positioning, early ballistic missile launch warning, weather observations, intelligence gathering, and global communications, have played a significant role in establishing the United States as a military superpower; (3) access to space enables research in space science to enhance our understanding of the Universe and the physical sciences, and enables observations of the Earth to monitor our global environment, establishing the United States as a scientific and technological superpower; (4) activities in space have a remarkable ability to inspire future generations of Americans to study science, engineering, and mathematics, enhancing the scientific and technical capabilities of the United States; (5) the United States is rapidly losing its share of the commercial space launch market to a number of foreign nations; and (6) the Federal Government is currently underfunding the research and development of cutting-edge technologies associated with advanced space transportation systems that would lead to significant decreases in the costs of access to space. SEC. 3. REDUCING SPACE ACCESS COSTS. (a) Amendments.--Section 102 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451) is amended-- (1) by redesignating subsections (c), (d), (e), (f), (g), and (h) as subsections (d), (e), (f), (g), (h), and (i), respectively; (2) by inserting after subsection (b) the following new subsection: ``(c) The Congress declares that the general welfare of the United States requires that the National Aeronautics and Space Administration work to identify and develop innovative technologies which would reduce the costs of transporting payloads and personnel to and from space, while simultaneously increasing the reliability and safety of advanced space transportation systems. The Congress further declares that the general welfare of the United States requires that, to the extent feasible, the Federal Government-- ``(1) aggressively fund the development of innovative propulsion systems, high-temperature thermal protection systems, integrated vehicle health monitoring systems, lightweight durable airframes, and simplified launch and processing operations; ``(2) maintain a concerted effort in the development and testing of new space transportation technologies while providing sufficient funding for basic scientific research that is necessary for the long-term, revolutionary advances that will drastically reduce the costs of space access; ``(3) enhance United States economic competitiveness by facilitating United States commercial sector access to space transportation technology, data, and facilities, within the constraints imposed by national security considerations; ``(4) enter into appropriate cooperative research and development agreements with the United States academic and commercial sectors to advance space transportation research, development, and operations; ``(5) minimize regulations that discourage academic and commercial sector involvement in the development of advanced space transportation technologies; ``(6) utilize to the fullest extent possible expertise and products available within the United States prior to seeking availability from foreign nations, except in cases where such utilization would be inconsistent with the United States public interests; ``(7) equitably promote engineering and science education related to space transportation technologies, within constraints of national security considerations, to as broad a range of individuals as possible; and ``(8) continue to closely protect the intellectual property rights associated with advancements in advanced space transportation systems to maintain United States competitiveness in the world.''; and (3) in subsection (i), as so redesignated by paragraph (1) of this subsection, by striking ``subsections (a), (b), (c), (d), (e), (f), and (g)'' and inserting ``this section''. (b) Conforming Amendments.--Section 206 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2476) is amended by striking ``section 102(c)'' both places it appears and inserting ``section 102(e)''. SEC. 4. FURTHER ADVANCEMENT OF SPACE TRANSPORTATION TECHNOLOGIES. Section 201 of the National Aeronautics and Space Administration Authorization Act of 1986 (42 U.S.C. 2466) is amended-- (1) in paragraph (2), by striking ``is the primary'' and inserting ``remains an important''; and (2) in paragraph (5), by inserting ``, and must therefore also be committed to further developing low-cost, frequent, and reliable access to space'' after ``transportation''. | Declares that the general welfare requires the Government to: (1) aggressively fund the development of innovative propulsion systems, high-temperature thermal protection systems, integrated vehicle health monitoring systems, lightweight durable airframes, and simplified launch and processing operations; (2) maintain a concerted effort in the development and testing of new space transportation technologies while providing sufficient funding for basic scientific research that is necessary for the long-term, revolutionary advances that will drastically reduce the costs of space access; (3) enhance U.S. economic competitiveness by facilitating U.S. commercial sector access to space transportation technology, data, and facilities, within the constraints imposed by national security considerations; (4) enter into cooperative research and development agreements with U.S. academic and commercial sectors to advance space transportation research, developments, and operations; (5) minimize regulations that discourage academic and commercial sector involvement in the development of advanced space transportation technologies; (6) utilize expertise and products available within the United States prior to seeking availability from foreign nations (except in cases where such utilization would be inconsistent with U.S. public interests); (7) equitably promote engineering and science education related to space transportation technologies, within constraints of national security considerations, to as broad a range of individuals as possible; and (8) continue to closely protect the intellectual property rights associated with advancements in advanced space transportation systems to maintain U.S. competitiveness in the world. Amends the National Aeronautics and Space Administration Authorization Act of 1986, respecting space shuttle pricing policy, to find and declare that: (1) the Space Transportation System remains an important space launch system (currently, is the primary space launch system); and (2) the United States must be committed to further developing low-cost, frequent, and reliable access to space. |
SECTION 1. PROHIBITION ON FRANCHISE AGREEMENT RESTRICTIONS RELATED TO RENEWABLE FUEL INFRASTRUCTURE. (a) In General.--Title I of the Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding at the end the following: ``SEC. 107. PROHIBITION ON RESTRICTION OF INSTALLATION OF RENEWABLE FUEL PUMPS. ``(a) Definition.--In this section: ``(1) Renewable fuel.--The term `renewable fuel' means any fuel-- ``(A) at least 85 percent of the volume of which consists of ethanol; or ``(B) any mixture of biodiesel or renewable diesel (as defined in regulations adopted pursuant to section 211(o) of the Clean Air Act (40 C.F.R., Part 80)) and diesel fuel, determined without regard to any use of kerosene and containing at least 10 percent biodiesel or renewable diesel. ``(2) Franchise-related document.--The term `franchise- related document' means-- ``(A) a franchise under this Act; and ``(B) any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee. ``(b) Prohibitions.-- ``(1) In general.--Notwithstanding any provision of a franchise-related document in effect on the date of enactment of this section, no franchisee or affiliate of a franchisee shall be restricted by its franchisor from-- ``(A) installing on the marketing premises of the franchisee a renewable fuel pump or tank, except that the franchisee's franchisor may restrict the installation of a tank on leased marketing premises of such franchisor; ``(B) converting an existing tank or pump on the marketing premises of the franchisee for renewable fuel use, so long as such tank or pump and the piping connecting them are either warranted by the manufacturer or certified by a recognized standards setting organization to be suitable for use with such renewable fuel; ``(C) advertising (including through the use of signage) the sale of any renewable fuel; ``(D) selling renewable fuel in any specified area on the marketing premises of the franchisee (including any area in which a name or logo of a franchisor or any other entity appears); ``(E) purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee; ``(F) listing renewable fuel availability or prices, including on service station signs, fuel dispensers, or light poles; or ``(G) allowing for payment of renewable fuel with a credit card, so long as such activities do not constitute willful adulteration, mislabeling, or misbranding of motor fuels or other trademark violations by the franchisee. ``(2) Effect of provision.--Any restriction described in paragraph (1) that is contained in a franchise-related document and in effect on the date of enactment of this section shall be considered to be null and void as of that date. ``(c) Exception to 3-Grade Requirement.--No franchise-related document that requires that 3 grades of gasoline be sold by the applicable franchisee shall prevent the franchisee from selling an renewable fuel in lieu of 1, and only 1, grade of gasoline.''. (b) Enforcement.--Section 105 of the Petroleum Marketing Practices Act (15 U.S.C. 2805) is amended by striking ``102 or 103'' each place it appears and inserting ``102, 103, or 107''. (c) Conforming Amendments.-- (1) In general.--Section 101(13) of the Petroleum Marketing Practices Act (15 U.S.C. 2801(13)) is amended by adjusting the indentation of subparagraph (C) appropriately. (2) Table of contents.--The table of contents of the Petroleum Marketing Practices Act (15 U.S.C. 2801 note) is amended-- (A) by inserting after the item relating to section 106 the following: ``Sec. 107. Prohibition on restriction of installation of renewable fuel pumps.''; and (B) by striking the item relating to section 202 and inserting the following: ``Sec. 202. Automotive fuel rating testing and disclosure requirements.''. SEC. 2. REPLACING CORN AS AN ETHANOL FEEDSTOCK. (a) Research and Development Program.--The Secretary of Energy shall establish a program to make grants of not to exceed $1,000,000 each to no more than 10 universities for a 3-year program of demonstration of replacing corn as an ethanol feedstock with sweet sorghum. (b) Program Goals.--The goals of the program under this section shall be to-- (1) enhance agronomic efficiency of the crop on marginal lands by-- (A) developing best management practices for maintaining high sorghum yields while using less water and nitrogen than corn; (B) identifying and selecting plants with a high sugar content; and (C) developing cold tolerant sweet sorghum varieties to enable two crops to be grown per season; (2) enhance ethanol processing potential in the crop by-- (A) developing a robust technology for centralized and ethanol production facilities that pair high- performing sweet sorghum lines with different yeasts to produce the best process for converting sweet sorghum juice into ethanol; (B) conducting process and chemical analyses of sweet sorghum sap fermentation; (C) introducing cellulosic hydrolyzing enzymes into sweet sorghum to promote biomass conversion; and (D) performing life-cycle analysis of sweet sorghum-ethanol, including energy yield, efficiency, and greenhouse gas reduction; (3) establish a sweet sorghum production system optimized for the region of the university conducting the research; (4) improve sweet sorghum lines with higher sugar production and performance with minimal agricultural inputs; (5) optimize sugar fermentation using selected yeast strains; (6) develop sweet sorghum lines with improved cold tolerance and cellulosic degradation; and (7) develop agricultural models for predicting agricultural performance and ethanol yield under various growing conditions. (c) Award Criteria.--The Secretary shall award grants under this section only to universities that-- (1) have access to multiple lines of sweet sorghum for research; and (2) are located in a State where sweet sorghum is anticipated to grow well on marginal lands. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary for carrying out this section $10,000,000. SEC. 3. CLOSED LOOP ETHANOL PROJECT LOAN GUARANTEES. (a) Clean Air Act Amendments.--Section 212 of the Clean Air Act (42 U.S.C. 7546) is amended-- (1) in subsection (a)-- (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (B) by inserting before paragraph (2), as so redesignated by subparagraph (A) of this paragraph, the following new paragraph: ``(1) Closed loop ethanol.--The term `closed loop ethanol' means a facility in which-- ``(A) solid and liquid waste is collected from agricultural animals in a concentrated location together with cellulosic and other bio mass from agricultural crops; ``(B) such waste is used to generate fuel; ``(C) such fuel is used to produce ethanol at the same location; and ``(D) the need for fossil fuel in the production of ethanol and the drying of distillers grains is reasonably expected to be at least 90 percent less than in a comparably sized traditional ethanol facility powered by fossil fuel.''; (2) in subsection (b)(1), by inserting ``, including closed loop ethanol projects'' after ``sucrose-derived ethanol''; (3) in subsection (b)(2)(A), by striking ``not more than 4''; and (4) in subsection (b)(5), by inserting ``, or at least 10 percent in the case of closed loop ethanol facilities'' after ``total project cost''. (b) Loan Guarantee Program Amendments.--Section 1510 of the Energy Policy Act of 2005 (42 U.S.C. 16501) is amended-- (1) in subsection (b), by striking ``for the construction of facilities'' and inserting ``, and Federal, State, and locally issued industrial revenue bonds in the case of closed loop ethanol facilities, for the construction of facilities, including closed loop ethanol facilities,''; and (2) in subsection (e), by inserting ``, or not more than 30 years in the case of closed loop ethanol facilities'' after ``20 years''. SEC. 4. MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Increase in Credit Amount.--Section 30C of the Internal Revenue Code of 1986 (relating to alternative fuel vehicle refueling property credit) is amended-- (1) by striking ``30 percent'' in subsection (a) and inserting ``50 percent'', and (2) by striking ``$30,000'' in subsection (b)(1) and inserting ``$50,000''. (b) Extension of Credit.--Subsection (g) section 30C of such Code (relating to termination) is amended to read as follows: ``(g) Termination of Availability of Credit.--This section shall not apply to property placed in service after December 31, 2014.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. SEC. 5. REFUELING PROPERTY FOR BIODIESEL AND RENEWABLE BIODIESEL. (a) In General.--Paragraph (1) of section 179A(e) of the Internal Revenue Code of 1986 is amended by striking ``and'' at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting ``, and'', and by inserting after subparagraph (F) the following new subparagraph: ``(G) any mixture of diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene, at least 10 percent of which is 1 or more of the following: biodiesel or renewable biodiesel, as such terms are defined in section 40A.''. (b) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act, in taxable years ending after such date. SEC. 6. INCREASE IN CREDIT FOR RESEARCH RELATING TO ALTERNATIVE AND RENEWABLE ENERGY PROCESSES. (a) In General.--Section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Increase in Credit Amount for Research Relating to Alternative and Renewable Energy Processes.-- ``(1) In general.--In the case of any expense or payment relating to a qualified resource-- ``(A) subsection (a) shall be applied by substituting `40 percent' for `10 percent' each place it occurs, ``(B) subsection (c)(4) shall be applied by substituting `6 percent' for `3 percent' in subparagraph (A)(i), `8 percent' for `4 percent' in subparagraph (A)(ii), and `10 percent' for `5 percent' in subparagraph (A)(iii), ``(C) subsection (c)(5) shall be applied by substituting `24 percent' for `12 percent' in subparagraph (A) and `12 percent' for `6 percent' in subparagraph (B)(ii), and ``(D) such expense or payment shall be taken into account for purposes of this section after taking into account expenses and payments which do not relate to a qualified resource. ``(2) Qualified resource.--For purposes of paragraph (1), the term `qualified resource' means-- ``(A) any clean-burning fuel (as defined in section 179A(e)(1), other than diesel fuel), and ``(B) any closed-loop system, including any anaerobic digester.''. (b) Allowance Against Alternative Minimum Tax.--Subparagraph (B) of section 38(c)(4) of such Code is amended by striking ``and'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, and'', and by inserting after clause (ii) the following new clause: ``(iii) the credit determined under section 41 to the extent that such credit is attributable to the increase for research relating to alternative and renewable energy processes under subsection (h) thereof.''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after December 31, 2007. | Amends the Petroleum Marketing Practices Act to prohibit a franchisor from restricting a franchisee from: (1) installing on the marketing premises a renewable fuel pump or tank; (2) converting an existing tank or pump for renewable fuel use; (3) advertising the sale of renewable fuel; (4) selling renewable fuel; (5) purchasing renewable fuel from sources other than the franchisor if the franchisor does not offer its own renewable fuel for sale by the franchisee; (6) listing renewable fuel availability or prices; or (7) allowing for payment of renewable fuel with a credit card. Allows such franchisee activities so long as they do not constitute willful adulteration, mislabeling, or misbranding of motor fuels or other trademark violations. Instructs the Secretary of Energy to establish a grants program for universities to demonstrate replacing corn as an ethanol feedstock with sweet sorghum. Amends the Clean Air Act and the Energy Policy Act of 2005 to provide for loan guarantees for closed loop ethanol commercial demonstration projects. Amends the Internal Revenue Code to: (1) increase and extend the alternative fuel vehicle refueling property credit; (2) make refueling property for biodiesel and renewable biodiesel eligible for the income tax deduction for clean-fuel vehicles and certain refueling property; and (3) increase the credit amount for research relating to alternative and renewable energy processes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Libby Health Care Act''. SEC. 2. EFFECT OF DISCHARGE OF DEBTS IN BANKRUPTCY. Section 524(g)(1) of title 11, United States Code, is amended by adding at the end the following: ``(C)(i) Congress finds that-- ``(I) the vermiculite ore mined and milled in Libby, Montana, was contaminated by high levels of asbestos, particularly tremolite asbestos; ``(II) the vermiculite mining and milling processes released thousands of pounds of asbestos-contaminated dust into the air around Libby, Montana, every day, exposing mine workers and Libby residents to high levels of asbestos over a prolonged period of time; ``(III) the responsible party has known for over 50 years that there are severe health risks associated with prolonged exposure to asbestos, including higher incidences of asbestos related disease such as asbestosis, lung cancer, and mesothelioma; ``(IV) the responsible party was aware of accumulating asbestos pollution in Libby, Montana, but failed to take any corrective action for decades, and once corrective action was taken, it was inadequate to protect workers and residents and asbestos-contaminated vermiculite dust continued to be released into the air in and around Libby, Montana, until the early 1990s when the vermiculite mining and milling process was finally halted; ``(V) current and former residents of Libby, Montana, and former vermiculite mine workers from the Libby mine suffer from asbestos related diseases at a rate 40 to 60 times the national average, and they suffer from the rare and deadly asbestos-caused cancer, mesothelioma, at a rate 100 times the national average; ``(VI) the State of Montana and the town of Libby, Montana, face an immediate and severe health care crisis because-- ``(aa) many sick current and former residents and workers who have been diagnosed with asbestos-related exposure or disease cannot access private health insurance; ``(bb) the costs to the community and State government related to providing health coverage for uninsured sick residents and former mine workers are creating significant pressures on the State's medicaid program and threaten the viability of other community businesses; ``(cc) asbestos-related disease can have a long latency period; and ``(dd) the only significant responsible party available to compensate sick residents and workers has filed for bankruptcy protection; and ``(VII) the responsible party should recognize that it has a responsibility to work in partnership with the State of Montana, the town of Libby, Montana, and appropriate health care organizations to address escalating health care costs caused by decades of asbestos pollution in Libby, Montana. ``(ii) In this subparagraph-- ``(I) the term `asbestos related disease or illness' means a malignant or non-malignant respiratory disease or illness related to tremolite asbestos exposure; ``(II) the term `eligible medical expense' means an expense related to services for the diagnosis or treatment of an asbestos-related disease or illness, including expenses incurred for hospitalization, prescription drugs, outpatient services, home oxygen, respiratory therapy, nursing visits, or diagnostic evaluations; ``(III) the term `responsible party' means a corporation-- ``(aa) that has engaged in mining vermiculite that was contaminated by tremolite asbestos; ``(bb) whose officers or directors have been indicted for knowingly releasing into the ambient air a hazardous air pollutant, namely asbestos, and knowingly endangering the residents of Libby, Montana and the surrounding communities; and ``(cc) for which the Department of Justice has intervened in a bankruptcy proceeding; and ``(IV) the term `Trust Fund' means the health care trust fund established pursuant to clause (iii). ``(iii) A court may not enter an order confirming a plan of reorganization under chapter 11 involving a responsible party or issue an injunction in connection with such order unless the responsible party-- ``(I) has established a health care trust fund for the benefit of individuals suffering from an asbestos related disease or illness; and ``(II) has deposited not less than $250,000,000 into the Trust Fund. ``(iv) Notwithstanding any other provision of law, any payment received by the United States for recovery of costs associated with the actions to address asbestos contamination in Libby, Montana, as authorized by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), shall be deposited into the Trust Fund. ``(v) An individual shall be eligible for medical benefit payments, not to exceed $500,000, from the Trust Fund if the individual-- ``(I) has an asbestos related disease or illness; ``(II) has an eligible medical expense; and ``(III)(aa) was a worker at the vermiculite mining and milling facility in Libby, Montana; or ``(bb) lived, worked, or played in Libby, Montana for at least 6 consecutive months before December 31, 2004.''. | Libby Health Care Act - Amends federal bankruptcy law to prohibit the court from entering an order confirming a plan of reorganization under chapter 11 involving a responsible party, or issuing an injunction in connection with such order, unless the responsible party: (1) has established a health care trust fund for the benefit of individuals suffering from an asbestos-related disease or illness; and (2) has deposited not less than $250 million into such health care trust fund. Defines "responsible party" as a corporation: (1) that has engaged in mining vermiculite that was contaminated by tremolite asbestos; (2) whose officers or directors have been indicted for knowingly releasing asbestos into the ambient air and knowingly endangering the residents of Libby, Montana, and the surrounding communities; and (3) for which the Department of Justice has intervened in a bankruptcy proceeding. Requires any payment received by the United States for recovery of costs associated with the actions to address asbestos contamination in Libby, Montana, to be deposited into such fund. Sets eligibility criteria for medical benefit payments from the fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``MacBride Principles of Economic Justice Act of 1997''. SEC. 2. AMENDMENTS TO ANGLO-IRISH AGREEMENT SUPPORT ACT OF 1986. (a) In General.-- (1) Purposes.--Section 2(b) of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is amended by adding at the end the following new sentences: ``United States contributions should be used in a manner that effectively increases employment opportunities in communities with rates of unemployment significantly higher than the local or urban average of unemployment in Northern Ireland. In addition, such contributions should be used to benefit individuals residing in such communities.''. (2) Conditions and understandings.--Section 5(a) of such Act is amended-- (A) in the first sentence-- (i) by striking ``The United States'' and inserting the following: ``(1) In general.--The United States''; (ii) by striking ``in this Act may be used'' and inserting the following: ``in this Act-- ``(A) may be used''; (iii) by striking the period and inserting ``; and''; and (iv) by adding at the end the following: ``(B) should be provided to individuals or entities in Northern Ireland which employ practices consistent with the principles of economic justice.''; and (B) in the second sentence, by striking ``The restrictions'' and inserting the following: ``(2) Additional requirements.--The restrictions''. (3) Prior certifications.--Section 5(c)(2) of such Act is amended-- (A) in subparagraph (A), by striking ``in accordance with the principle of equality'' and all that follows and inserting ``to individuals and entities whose practices are consistent with principles of economic justice; and''; and (B) in subparagraph (B), by inserting before the period at the end the following: ``and will create employment opportunities in regions and communities of Northern Ireland suffering from high rates of unemployment''. (4) Annual reports.--Section 6 of such Act is amended-- (A) in paragraph (2), by striking ``and'' at the end; (B) in paragraph (3), by striking the period and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(4) the extent to which the practices of each individual or entity receiving assistance from United States contributions to the International Fund has been consistent with the principles of economic justice.''. (5) Requirements relating to funds.--Section 7 of such Act is amended by adding at the end the following: ``(c) Prohibition.--Nothing included herein shall require quotas or reverse discrimination or mandate their use.''. (6) Definitions.--Section 8 of such Act is amended-- (A) in paragraph (1), by striking ``and'' at the end; (B) in paragraph (2), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(3) the term `principles of economic justice' means the following principles: ``(A) Increasing the representation of individuals from underrepresented religious groups in the workforce, including managerial, supervisory, administrative, clerical, and technical jobs. ``(B) Providing adequate security for the protection of minority employees at the workplace. ``(C) Banning provocative sectarian or political emblems from the workplace. ``(D) Providing that all job openings be advertised publicly and providing that special recruitment efforts be made to attract applicants from underrepresented religious groups. ``(E) Providing that layoff, recall, and termination procedures do not favor a particular religious group. ``(F) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religion. ``(G) Providing for the development of training programs that will prepare substantial numbers of minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. ``(H) Establishing procedures to assess, identify, and actively recruit minority employees with the potential for further advancement. ``(I) Providing for the appointment of a senior management staff member to be responsible for the employment efforts of the entity and, within a reasonable period of time, the implementation of the principles described in subparagraphs (A) through (H).''. (b) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. | MacBride Principles of Economic Justice Act of 1997 - Amends the Anglo-Irish Agreement Support Act of 1986 to revise its purposes to state that U.S. contributions to the International Fund for Ireland should be used to: (1) increase employment opportunities in communities in Northern Ireland with rates of unemployment significantly higher than average; and (2) benefit individuals or entities in Northern Ireland which employ practices consistent with the MacBride principles of economic justice. Authorizes the United States to make contributions to the Fund only if the President certifies to the Congress that, among other things, disbursements from the Fund will be distributed to individuals or entities whose practices are consistent with the principles of economic justice and will create employment opportunities in communities of Northern Ireland suffering the highest rates of unemployment. Sets forth the MacBride principles of economic justice. |
SECTION 1. ESTABLISHMENT OF AN ADVISORY COMMITTEE ON OPIOIDS AND THE WORKPLACE. (a) Establishment.--Not later than 90 days after enactment of this Act, the Secretary of Labor shall establish an Advisory Committee on Opioids and the Workplace (referred to in this Act as the ``Advisory Committee'') to advise the Secretary on actions the Department of Labor can take to provide informational resources and best practices on how to appropriately address the impact of opioid abuse on the workplace and support workers abusing opioids. (b) Membership.-- (1) Composition.--The Secretary of Labor shall appoint as members of the Advisory Committee 19 individuals with expertise in employment, workplace health programs, human resources, substance use disorder, and other relevant fields. The Advisory Committee shall be composed as follows: (A) Four of the members shall be individuals representative of employers or other organizations representing employers. (B) Four of the members shall be individuals representative of workers or other organizations representing workers, of which at least two must be representatives designated by labor organizations. (C) Three of the members shall be individuals representative of health benefit plans, employee assistance plan providers, workers' compensation program administrators, and workplace safety and health professionals. (D) Eight of the members shall be individuals representative of substance abuse treatment and recovery experts, including medical doctors, licensed addiction therapists, and scientific and academic researchers, of which one individual may be a representative of a local or State government agency that oversees or coordinates programs that address substance use disorder. (2) Chair.--From the members appointed under paragraph (1), the Secretary of Labor shall appoint a chairperson. (3) Terms.--Each member of the Advisory Committee shall serve for a term of 3 years. A member appointed to fill a vacancy shall be appointed only for the remainder of such term. (4) Quorum.--A majority of members of the Advisory Committee shall constitute a quorum and action shall be taken only by a majority vote of the members. (5) Voting.--The Advisory Committee shall establish voting procedures. (6) No compensation.--Members of the Advisory Committee shall serve without compensation. (7) Disclosure.--Every member of the Advisory Committee must disclose the entity, if applicable, that he or she is representing. (c) Duties.-- (1) Advisement.-- (A) In general.--The Advisory Committee established under subsection (a) shall advise the Secretary of Labor on actions the Department of Labor can take to provide informational resources and best practices on how to appropriately address the impact of opioid abuse on the workplace and support workers abusing opioids. (B) Considerations.--In providing such advice, the Advisory Committee shall take into account-- (i) evidence-based and other employer substance abuse policies and best practices regarding opioid use or abuse, including benefits provided by employee assistance programs or other employer-provided benefits, programs, or resources; (ii) the effect of opioid use or abuse on the safety of the workplace as well as policies and procedures addressing workplace safety and health; (iii) the impact of opioid abuse on productivity and absenteeism, and assessments of model human resources policies that support workers abusing opioids, such as policies that facilitate seeking and receiving treatment and returning to work; (iv) the extent to which alternative pain management treatments other than opioids are or should be covered by employer-sponsored health plans; (v) the legal requirements protecting employee privacy and health information in the workplace, as well as the legal requirements related to nondiscrimination; (vi) potential interactions of opioid abuse with other substance use disorders; (vii) any additional benefits or resources available to an employee abusing opioids that promote retaining employment or reentering the workforce; (viii) evidence-based initiatives that engage employers, employees, and community leaders to promote early identification of opioid abuse, intervention, treatment, and recovery; (ix) workplace policies regarding opioid abuse that reduce stigmatization among fellow employees and management; and (x) the legal requirements of the Mental Health Parity and Addiction Equity Act and other laws related to health coverage of substance abuse and mental health services and medications. (2) Report.--Prior to its termination as provided in subsection (j), the Advisory Committee shall issue a report to the Secretary of Labor and to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, detailing successful programs and policies involving workplace resources and benefits, including recommendations or examples of best practices for how employers can support and respond to employees impacted by opioid abuse. (d) Meetings.--The Advisory Committee shall meet at least twice a year at the call of the chairperson. (e) Staff Support.--The Secretary of Labor shall make available staff necessary for the Advisory Committee to carry out its responsibilities. (f) Federal Advisory Committee Act.--The Federal Advisory Committee Act shall apply to the Advisory Committee established under this Act. (g) No Appropriated Funds.--No additional funds are authorized to be appropriated to carry out this Act. Expenses of the Advisory Committee shall be paid with funds otherwise appropriated to Departmental Management within the Department of Labor. (h) Ex Officio.--Three nonvoting representatives from agencies within the Department of Health and Human Services whose responsibilities include opioid prescribing guidelines, workplace safety, and monitoring of substance abuse and prevention programs shall be appointed by the Secretary of Labor and designated as ex officio members. (i) Agenda.--The Secretary of Labor or a representative of the Secretary shall consult with the Chair in establishing the agenda for Committee meetings. (j) Termination.--The Advisory Committee established under this Act shall terminate 3 years after the date of enactment of this Act. Passed the House of Representatives June 13, 2018. Attest: KAREN L. HAAS, Clerk. | (Sec. 1) This bill establishes an Advisory Committee on Opioids and the Workplace to advise the Department of Labor on actions Labor can take to provide informational resources and best practices for addressing the impact of opioid abuse on the workplace and supporting workers abusing opioids. The advisory committee must report to Labor and Congress on successful programs and policies involving workplace resources and benefits, including recommendations or examples of best practices for how employers can support and respond to employees impacted by opioid abuse. The bill terminates the committee after three years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Cloud Computing Act of 2012''. SEC. 2. UNLAWFUL ACCESS TO CLOUD COMPUTING SERVICES. (a) In General.--Section 1030 of title 18, United States Code, is amended by adding at the end the following: ``(k) For purposes of an offense described in paragraph (2)(C), (4), or (5) of subsection (a) or an attempt or conspiracy to commit such an offense, if the protected computer is part of a cloud computing service, each instance of unauthorized access of a cloud computing account, access in excess of authorization of a cloud computing account, or attempt or conspiracy to access a cloud computing account without authorization or in excess of authorization shall constitute a separate offense.''. (b) Definitions.--Section 1030(e) of title 18, United States Code, is amended-- (1) in paragraph (11), by striking ``and'' at the end; (2) in paragraph (12), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(13) the term `cloud computing account' means information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual, which may include allowing a customer of the cloud computing service to have multiple accounts; and ``(14) the term `cloud computing service' means a service that enables convenient, on-demand network access to a shared pool of configurable computing resources (including networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or interaction by the provider of the service.''. SEC. 3. PRESUMED LOSSES. Section 1030 of title 18, United States Code, as amended by section 2(a), is amended by adding at the end the following: ``(l) If an offense under this section involves a protected computer that is part of a cloud computing service, the value of the loss of the use of the protected computer for purposes of subsection (a)(4), the value of the information obtained for purposes of subsection (c)(2)(B)(iii), and the value of the aggregated loss for purposes of subsection (c)(4)(A)(i)(I) shall be the greater of-- ``(1) the value of the loss of use, information, or aggregated loss to 1 or more persons; or ``(2) the product obtained by multiplying the number of cloud computing accounts accessed by $500.''. SEC. 4. INTERACTION WITH INTERNATIONAL FORA TO ADVANCE INTERNATIONAL INTEROPERABILITY WITH LAW AND POLICIES OF UNITED STATES. The Secretary of State shall work with other international fora, such as the Organization for Economic Cooperation and Development, to advance the aims of ensuring interoperability between the provisions of this Act, the amendments made by this Act, and other laws and policies of the United States and foreign countries, including in consultations between the United States and the European Union. SEC. 5. ANNUAL STUDY AND REPORT ON INTERNATIONAL COOPERATION REGARDING DATA PRIVACY, RETENTION, AND SECURITY. (a) In General.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the Secretary of State shall-- (1) conduct a study on international cooperation regarding data privacy, retention, and security; and (2) submit to Congress a report on the findings of the Secretary with respect to the most recent study carried out under paragraph (1) and the activities of the Secretary under section 4. (b) Matters Studied.--Each study conducted under subsection (a)(1) shall include development of recommendations for best practices, treaties, common policy frameworks, mutual recognition agreements, the creation of hybrid public-private authorities, codes of conduct, or other guidance the Secretary of State considers necessary to promote the development of laws and policies in foreign countries that are interoperable with and that will reinforce the effectiveness of-- (1) the provisions of this Act and the amendments made by this Act; and (2) policies relating to data privacy, data retention, security of data, and assertions of jurisdiction over data, including with respect to law enforcement access to data. (c) Interagency Coordination.--In conducting the studies required by subsection (a)(1), the Secretary of State shall consult with the heads of relevant agencies, such as the following: (1) The National Economic Council. (2) The Attorney General. (3) The Secretary of Commerce. (4) The Federal Trade Commission. (5) The Secretary of Homeland Security. (6) The United States Trade Representative. SEC. 6. ANNUAL FEDERAL INFORMATION TECHNOLOGY AND CLOUD COMPUTING PROCUREMENT FORECAST. (a) Cloud Computing Service Defined.--In this section, the term ``cloud computing service'' has the meaning given the term by the Under Secretary of Commerce for Standards and Technology. (b) Forecast Required.--Not later than 180 days after the date of the enactment of this Act and not less frequently than once each year thereafter for 4 years, the head of each Federal agency described in section 901(b) of title 31, United States Code, shall, consistent with Cloud First policy outlined in the document of the Office of Management and Budget entitled ``Federal Cloud Computing Strategy'' and dated February 8, 2011, submit to the Administrator of the Office of Electronic Government and Information Technology of the Office of Management and Budget a 3-year forecast of the plans of the agency relating to the procurement of cloud computing services and support relating to such services. (c) Publication.--The Administrator shall make each 3-year forecast submitted under subsection (b) available to the public via an Internet website. | Cloud Computing Act of 2012 - Amends the Computer Fraud and Abuse Act to provide that each instance of unauthorized access of a cloud computing account, access of such an account in excess of authorization, or an attempt or conspiracy to access such an account without or in excess of authorization in violation of such Act shall constitute a separate offense. Defines: (1) "cloud computing account" as information stored on a cloud computing service that requires a password or similar information to access and is attributable to an individual; and (2) "cloud computing service" as a service that enables convenient, on-demand network access to a shared pool of configurable computing resources that can be rapidly provisioned and released with minimal management effort or interaction by the service provider. Establishes the value of the loss of the use of a computer, the value of the information obtained, and the value of the aggregated loss, for an offense involving unauthorized access to a protected computer that is part of a cloud computing service, as the greater of: (1) the value of the loss of use, information, or aggregated loss to one or more persons; or (2) the product obtained by multiplying $500 by the number of cloud computing accounts accessed. Directs the Secretary of State to work with international fora, such as the Organization for Economic Cooperation and Development (OECD), to advance the aims of ensuring interoperability between the provisions of this Act and other laws and policies of the United States and foreign countries. Requires, within 180 days after enactment of this Act and at least once each year for four years thereafter: (1) the Secretary to conduct a study on international cooperation regarding data privacy, retention, and security; and (2) the heads of specified federal agencies to submit to the Administrator of the Office of Electronic Government and Information Technology of the Office of Management and Budget (OMB) a three-year forecast of the agency's plans relating to the procurement of cloud computing services and support. Directs the Administrator to make each such forecast available to the public via an Internet website. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013''. SEC. 2. ELIMINATION OF MEDICARE 3-DAY PRIOR HOSPITALIZATION REQUIREMENT FOR COVERAGE OF SKILLED NURSING FACILITY SERVICES IN QUALIFIED SKILLED NURSING FACILITIES. (a) In General.--Subsection (f) of section 1812 of the Social Security Act (42 U.S.C. 1395d) is amended to read as follows: ``(f) Coverage of Extended Care Services Without a 3-Day Prior Hospitalization for Qualified Skilled Nursing Facility.-- ``(1) In general.--Effective for extended care services furnished pursuant to an admission to a skilled nursing facility that occurs more than 90 days after the date of the enactment of the Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013, coverage shall be provided under this part for an individual for such services in a qualified skilled nursing facility that are not post-hospital extended care services. ``(2) Continued application of certification and other requirements and provisions.--The requirements of the following provisions shall apply to extended care services provided under paragraph (1) in the same manner as they apply to post-hospital extended care services: ``(A) Paragraphs (2) and (6) of section 1814(a), except that the requirement of paragraph (2)(B) of such section shall not apply insofar as it relates to any required prior receipt of inpatient hospital services. ``(B) Subsections (b)(2) and (e) of this section. ``(C) Paragraphs (1)(G)(i), (2)(A), and (3) of section 1861(v). ``(D) Section 1861(y). ``(E) Section 1862(a)(18). ``(F) Section 1866(a)(1)(H)(ii)(I). ``(G) Subsections (d) and (f) of section 1883. ``(H) Section 1888(e). ``(3) Qualified skilled nursing facility defined.-- ``(A) In general.--In this subsection, the term `qualified skilled nursing facility' means a skilled nursing facility that the Secretary determines-- ``(i) subject to subparagraphs (B) and (C), based upon the most recent ratings under the system established for purposes of rating skilled nursing facilities under the Medicare Nursing Home Compare program, has an overall rating of 3 or more stars or a score of 4 stars or higher on the individual quality domain or on the staffing quality domain; and ``(ii) is not subject to a quality-of-care corporate integrity agreement (relating to one or more programs under this Act) that is in effect with the Inspector General of the Department of Health and Human Services and that requires the facility to retain an independent quality monitor. The Secretary may make a determination under clause (ii) based upon the most current information contained in the website of the Inspector General. ``(B) Waiver of ratings to ensure access.--The Secretary may, upon application, waive the requirement of subparagraph (A)(i) for a skilled nursing facility in order to ensure access to extended care services that are not post-hospital extended care services in particular underserved geographic areas. ``(C) Grace period for correction of ratings.--In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that would be disqualified under subparagraph (A)(i) because of a decline in its star rating, before disqualifying the facility the Secretary shall provide the facility with a grace period of 1 year during which the facility seeks to improve its ratings based on a plan of correction approved by the Secretary. ``(D) Holding beneficiaries harmless in case of disqualification of a facility.--In the case of a skilled nursing facility that qualifies as a qualified skilled nursing facility for a period and that is disqualified under subparagraph (A), such disqualification shall not apply to or affect individuals who are admitted to the facility at the time of the disqualification.''. (b) MedPAC Study of Cost of Implementation.--The Medicare Payment Advisory Commission shall conduct a study of, and submit a report to Congress and the Secretary of Health and Human Services on, the cost of impact of the amendment made by subsection (a), no later than June 1, 2016. | Creating Access to Rehabilitation for Every Senior (CARES) Act of 2013 - Amends title XVIII (Medicare) of the Social Security Act with respect to coverage of extended care services without regard to the three-day prior hospitalization requirement (non-post-hospital extended care services). Restricts such coverage to non-post-hospital extended care services in a qualified skilled nursing facility. Directs the Medicare Payment Advisory Commission (MEDPAC) to study the cost of impact of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair, Accurate, Secure, and Timely Redress Act of 2011'' or the ``FAST Redress Act of 2011''. SEC. 2. DEPARTMENT OF HOMELAND SECURITY APPEAL AND REDRESS. (a) In General.--Subtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section: ``SEC. 890A. APPEAL AND REDRESS. ``(a) In General.--The Secretary shall establish an Office of Appeals and Redress to implement and execute a redress process for individuals who believe they were wrongly delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege by the Department because they were wrongly identified as a threat when screened against the terrorist watchlist used by the Transportation Security Administration, United States Customs and Border Protection, or any office or component of the Department. ``(b) Director.--The Office shall be headed by a Director, who shall be appointed by the Secretary and shall report to the Secretary. ``(c) Responsibilities.--The Director shall carry out the following responsibilities: ``(1) Implement and maintain a redress process that includes an information technology system for purposes of providing redress to individuals who believe they were misidentified against the terrorist watchlist and that addresses case management, workflow, document management, recordkeeping, and interoperability issues identified by audits of the redress process in effect on the day before the date of the enactment of this section. ``(2) Review, adjudicate, and respond in writing, within 30 days, to the greatest extent possible, to an individual who files an appeal and redress request with information relating to the disposition of such request. ``(3) Establish and maintain a Comprehensive Cleared List of individuals who, upon providing all information required by the Director to verify an individual's identity, are determined by the Director to be misidentified. ``(4) Perform such other responsibilities as the Secretary may require. ``(d) Comprehensive Cleared List.-- ``(1) In general.--The Secretary shall ensure that the Comprehensive Cleared List is electronically integrated into the systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, or any other office or component of the Department and shall-- ``(A) transmit to other Federal, State, local, and tribal agencies and entities that use any terrorist watchlist the Comprehensive Cleared List and any other information the Secretary determines necessary to resolve misidentifications, as appropriate; and ``(B) work with other Federal, State, local, and tribal agencies or entities that use any terrorist watchlist to ensure, to the greatest extent practicable, that the Comprehensive Cleared List is considered when assessing the security risk of an individual. ``(e) Handling of Personally Identifiable Information.--The Secretary, in conjunction with the Chief Privacy Officer of the Department, shall-- ``(1) require that Federal employees of the Department handling personally identifiable information of individuals (in this paragraph referred to as `PII') complete mandatory privacy and security training prior to being authorized to handle PII; ``(2) ensure that the information maintained under this subsection is secured by encryption, including one-way hashing, data anonymization techniques, or such other equivalent technical security protections as the Secretary determines necessary; ``(3) limit the information collected from individuals to the minimum amount necessary to resolve an appeal and redress request; ``(4) ensure that the information maintained under this subsection is shared or transferred via an encrypted data network that has been audited to ensure that the anti-hacking and other security related software functions perform properly and are updated as necessary; ``(5) ensure that any employee of the Department receiving the information maintained under this subsection handles such information in accordance with section 552a of title 5, United States Code, the Federal Information Security Management Act of 2002 (Public Law 107-296), and other applicable laws; ``(6) only retain the information maintained under this subsection for as long as needed to assist the individual in the appeal and redress process; ``(7) engage in cooperative agreements with appropriate Federal agencies and entities, on a reimbursable basis, to ensure that legal name changes are properly reflected in any terrorist watchlist and the Comprehensive Cleared List to improve the appeal and redress process and to ensure the most accurate lists of identifications possible (except that section 552a of title 5, United States Code, shall not prohibit the sharing of legal name changes among Federal agencies and entities for the purposes of this section); ``(8) ensure that the Chief Privacy Officer publishes an updated privacy impact assessment of the appeal and redress process established under this section and submit to the appropriate congressional committees such assessment; and ``(9) submit, on a quarterly basis, to the appropriate congressional committees-- ``(A) data on the number of individuals who have sought and successfully obtained redress through the Office of Appeals and Redress during the immediately preceding quarter; ``(B) data on the number of individuals who have sought and were denied redress through the Office of Appeals and Redress during the immediately preceding quarter; ``(C) the average length of time for adjudication of completed applications during the immediately preceding quarter; and ``(D) a list of the grounds for denials, together with corresponding percentages for each such ground reflecting the frequency of use by the Office of Appeals and Redress during the immediately preceding quarter. ``(f) Initiation of Appeal and Redress Process at Airports and Ports of Entry.--At each airport and port of entry at which-- ``(1) the Department has a presence, the Office shall provide written information to individuals to begin the appeal and redress process established pursuant to subsection (a); and ``(2) the Department has a significant presence, provide the written information referred to in subparagraph (1) and ensure a Transportation Security Administration or United States Customs and Border Protection supervisor who is trained in such appeal and redress process is available to provide support to individuals in need of guidance concerning such process. ``(g) Inspector General Review.--Not later than one year after the date of the enactment of this section, the Inspector General of the Department shall submit to the appropriate congressional committees a report on the status of implementation of this section. The report shall include the following: ``(1) An evaluation of the appeal and redress process established pursuant to this section. ``(2) An assessment of the status of the Comprehensive Cleared List requirements, including the extent to which systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, and other offices and components of the Department have electronically integrated the Comprehensive Cleared List. ``(3) An assessment of the impact of implementation of this section, including the integration of the Comprehensive Cleared List into the systems for screening individuals against the terrorist watchlist maintained by the Transportation Security Administration, United States Customs and Border Protection, and other office or component of the Department has had on misidentifications of individuals. ``(h) Definitions.-- ``(1) Appropriate congressional committee.--In this section, the term `appropriate congressional committee' means the Committee on Homeland Security of the House of Representatives and Committee on Homeland Security and Governmental Affairs of the Senate and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. ``(2) Terrorist watch list.--In this section, the term `terrorist watchlist' means any terrorist watchlist or database used by the Transportation Security Administration, United States Customs and Border Protection, or any office or component of the Department of Homeland Security or specified in Homeland Security Presidential Directive-6 to screen individuals, in effect as of the date of the enactment of this section.''. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the amendments made by this section. (c) Incorporation of Secure Flight.--Section 44903(j)(2) of title 49, United States Code, is amended-- (1) in subparagraph (C)(iii)-- (A) by redesignating subclauses (II) through (VII) as subclauses (III) through (VIII), respectively; and (B) by inserting after subclause (I) the following new subclause: ``(II) ensure, not later than 30 days after the date of the enactment of the FAST Redress Act of 2011, that the procedure established under subclause (I) is incorporated into the appeals and redress process established under section 890A of the Homeland Security Act of 2002;''; (2) in subparagraph (E)(iii), by inserting before the period at the end the following: ``, in accordance with the appeals and redress process established under section 890A of the Homeland Security Act of 2002''; and (3) in subparagraph (G)-- (A) in clause (i), by adding at the end the following new sentence: ``The Assistant Secretary shall incorporate the process established pursuant to this clause into the appeals and redress process established under section 890A of the Homeland Security Act of 2002.''; and (B) in clause (ii), by adding at the end the following new sentence: ``The Assistant Secretary shall incorporate the record established and maintained pursuant to this clause into the Comprehensive Cleared List established and maintained under such section 890A.''. (d) Conforming Amendment.--Title 49, United States Code, is amended by striking section 44926 (and the item relating to such section in the analysis for chapter 449 of title 49). (e) Clerical Amendment.--Section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by adding after the item relating to section 890 the following new item: ``Sec. 890A. Appeal and redress.''. | Fair, Accurate, Secure, and Timely Redress Act of 2011 or the FAST Redress Act of 2011 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security to establish an Office of Appeals and Redress to implement a redress process for individuals who believe they were wrongly delayed or prohibited from boarding a commercial aircraft or denied a right, benefit, or privilege by the Department of Homeland Security (DHS) because they were wrongly identified as a threat when screened against the terrorist watchlist used by the Transportation Security Administration (TSA), Customs and Border Protection (CBP), or any component of DHS. Requires the Director of such Office to: (1) maintain such redress process, which shall include an information technology system that addresses case management, workflow, document management, recordkeeping, and interoperability issues identified by audits of the process in effect before enactment of this Act; (2) review, adjudicate, and respond in writing, within 30 days, to an individual who files an appeal and redress request; and (3) maintain a Comprehensive Cleared List of individuals who are determined by the Director to have been misidentified. Directs the Secretary: (1) to ensure that such Cleared List is electronically integrated into the systems for screening individuals against the terrorist watchlist, (2) to transmit to government entities that use such watchlist such Cleared List and any other information necessary to resolve misidentifications, (3) to work with such entities to ensure that the Cleared List is considered when assessing the security risk of an individual, and (4) in conjunction with DHS's Chief Privacy Officer, to take specified steps to protect or limit the use of personally identifiable information, including requiring DHS employees to complete mandatory privacy and security training before being authorized to handle such information. Requires the Office to: (1) provide, at each airport at which DHS has a presence, written information to individuals about how to begin the appeal and redress process; and (2) ensure the availability, at each airport at which DHS has a significant presence, of a TSA or CBP supervisor to provide support to individuals in need of guidance in such process. Requires the DHS Inspector General to report on the implementation and impact of this Act. Incorporates the appeals and redress process into the Secure Flight Program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Price Negotiation Act''. SEC. 2. AVAILABILITY OF PRESCRIPTION DRUGS FROM PARTICIPATING MANUFACTURERS AT NEGOTIATED PRICES. (a) In General.--Each participating manufacturer of a covered outpatient drug shall make available for purchase by any qualified Federal health care provider, by each pharmacy, and by each provider of services, physician, practitioner, and supplier under the medicare program such covered outpatient drug in the amount described in subsection (b) at the price described in subsection (c). (b) Description of Amount of Drugs.--The amount of a covered outpatient drug that a participating manufacturer shall make available for purchase under subsection (a) is the sum of-- (1) an amount equal to the aggregate amount of the covered outpatient drug dispensed by pharmacies to Medicare beneficiaries; and (2) an amount equal to the aggregate amount of the covered outpatient drug dispensed through qualified Federal health care providers. (c) Description of Price.-- (1) In general.--The price at which a participating manufacturer shall make a covered outpatient drug available for purchase under subsection (a) is a price that the Secretary, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, negotiate with the manufacturer. (2) Promotion of breakthrough drugs.-- (A) In general.--In conducting negotiations with participating manufacturers under paragraph (1), the Secretary shall take into account the goal of promoting the development of breakthrough drugs. (B) Definition.--For purposes of this paragraph, a drug is a ``breakthrough drug'' if the Secretary determines it is a new product that will make a significant and major improvement by reducing physical or mental illness, reducing mortality, or reducing disability, and that no other product is available to enrollees that achieves similar results for the same condition. (d) Enforcement.--The United States shall debar a manufacturer of drugs or biologicals that does not comply with the provisions of this Act. (e) Dispute Resolution Mechanism.--The Secretary shall establish a mechanism (such as an ombudsman) for the resolution of disputes between Medicare beneficiaries and prescription drug resellers and drug manufacturers in order to protect such beneficiaries and to ensure that-- (1) prescription drug resellers are not artifically increasing prices charged to Medicare beneficiaries (above those negotiated under subsection (c)) in places where there is less competition (such as in rural areas); and (2) such resellers are not colluding on prices in areas with more potential significant competition. SEC. 3. ADMINISTRATION. The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 4. REPORTS TO CONGRESS REGARDING EFFECTIVENESS OF ACT. (a) In General.--Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall report to the Congress regarding the effectiveness of this Act in-- (1) protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, and (2) making prescription drugs available to Medicare beneficiaries at substantially reduced prices. (b) Consultation.--In preparing such reports, the Secretary shall consult with public health experts, affected industries, organizations representing consumers and older Americans, and other interested persons. (c) Recommendations.--The Secretary shall include in such reports any recommendations the Secretary considers appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 5. DEFINITIONS. In this Act: (1) Provider of services.--The term ``provider of services'' has the meaning given that term in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u)). (2) Physician.--The term ``physician'' has the meaning given that term in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r)). (3) Practitioner.--The term ``practitioner'' has the meaning given that term in section 1842(b)(18)(C) of the Social Security Act (42 U.S.C. 1395u(b)(18)(C)). (4) Supplier.--The term ``supplier'' has the meaning given that term under section 1842(o) of the Social Security Act (42 U.S.C. 1395u(o)). (5) Covered outpatient drug.--The term ``covered outpatient drug'' has the meaning given that term in section 1927(k)(2) of the Social Security Act (42 U.S.C. 1396r-8(k)(2)). (6) Debar.--The term ``debar'' means to exclude, pursuant to established administrative procedures, from Government contracting and subcontracting for a specified period of time commensurate with the seriousness of the failure or offense or the inadequacy of performance. (7) Medicare beneficiary.--The term ``Medicare beneficiary'' means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title, or both. (8) Participating manufacturer.--The term ``participating manufacturer'' means any manufacturer of drugs or biologicals that, on or after the date of the enactment of this title, enters into a contract or agreement with the United States for the sale or distribution of covered outpatient drugs to the United States. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 6. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States. | Medicare Prescription Drug Price Negotiation Act - Requires each participating manufacturer of a covered outpatient drug to make such drugs available for purchase by any qualified Federal health care provider, by each pharmacy, and by each provider of services, physician, practitioner, and supplier under the Medicare program at a price that the Secretary of Health and Human Services, in conjunction with the Secretary of Defense and the Secretary of Veterans Affairs, negotiates with the manufacturer. Provides that the amount of a covered outpatient drug that a participating manufacturer shall make available for purchase is equal to the sum of the aggregate amounts of the covered outpatient drug dispensed by pharmacies to Medicare beneficiaries plus those dispensed through qualified Federal health care providers. Requires that, in conducting negotiations with participating manufacturers, the Secretary take into account the goal of promoting the development of breakthrough drugs. Requires the United States to exclude from Government contracting and subcontracting, for a period of time, a manufacturer of drugs or biologicals that does not comply with this Act. Directs the Secretary to establish a mechanism (such as an ombudsman) for the resolution of disputes between Medicare beneficiaries and prescription drug resellers and drug manufacturers in order to protect such beneficiaries and to ensure that: (1) prescription drug resellers are not artifically increasing prices charged to Medicare beneficiaries (above those negotiated under this Act) in places (such as rural areas) where there is less competition; and (2) such resellers are not colluding on prices in areas with more potential significant competition. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Trust Fund Accounting and Management Reform Act of 1993''. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Secretary'' means the Secretary of the Interior; and (2) the term ``Bureau'' means the Bureau of Indian Affairs of the Department of the Interior. TITLE I--TRUST FUND INTEREST PAYMENTS SEC. 101. PAYMENT OF INTEREST ON FUNDS INVESTED. (a) Payment of Interest.--(1) The fourth proviso of subsection (a) of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is amended by striking ``may invest'' and inserting ``shall invest''. (2) The first section of the Act of June 24, 1938 (25 U.S.C. 162a), is amended by adding at the end the following new subsection: ``(d) Amounts deposited or invested under subsection (a) shall earn interest at the appropriate rates, taking into consideration the type of deposit or investment. The Secretary shall periodically pay such interest to the appropriate Indian tribe or individual Indian or, at the election of the Indian tribe or individual Indian, add such interest to the principal so deposited or invested.''. (b) Technical Correction.--The second subsection (b) of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), as added by section 302 of Public Law 101-644 (104 Stat. 4667), is hereby redesignated as subsection (c). (c) Repeal of Limitation on United States Liability.--Paragraph (2) of subsection (c) of the first section of the Act of June 24, 1938, as amended by subsection (b), is amended to read as follows: ``(2) Amounts deposited or invested under this subsection shall generate earnings at the appropriate rates, taking into consideration the type of investment concerned. The Secretary shall periodically pay such earnings to the appropriate Indian tribe or individual Indian or, at the election of the Indian tribe or individual Indian, add such earnings to the principal of such funds so invested.''. (d) Effective Date.--The amendments made by this section shall apply to interest earned on amounts deposited or invested on or after the date of the enactment of this Act. SEC. 102. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED. The Secretary is authorized to make payments to an Indian tribe or an individual Indian-- (1) in full satisfaction of any claim of such Indian tribe or individual Indian for interest on amounts deposited or invested on behalf of such Indian tribe or individual Indian before the date of enactment of this Act under the Act of June 24, 1938 (25 U.S.C. 162a), and who was not paid the appropriate amount of interest on such funds; and (2) in an amount equal to the interest which would have been earned if funds of such Indian tribe or individual Indians which were subject to the Act of June 24, 1938 (25 U.S.C. 162a), had been deposited or invested in accordance with such Act. TITLE II--INDIAN TRUST FUND MANAGEMENT DEMONSTRATION PROGRAM SEC. 201. PURPOSE. The purpose of this title is to demonstrate new approaches for the management of tribal and individual Indian funds held in trust by the United States and managed by the Secretary through the Bureau, that, consistent with the trust responsibility of the United States and the principles of self-determination, will-- (1) give Indian tribal governments and individual Indian account holders greater control over the management of such trust funds; (2) pursuant to tribal instructions, involve investment of such trust funds by the Secretary in a manner that will also help to promote economic development in Indian communities; or (3) otherwise demonstrate how the principles of self- determination can work with respect to the management of such trust funds, in a manner consistent with the trust responsibility of the United States. SEC. 202. DEFINITION. For the purposes of this title, except for the purposes of section 208, the terms ``Indian tribe'' and ``tribe'' mean-- (1) an Indian tribe; (2) a consortia of Indian tribes; or (3) an association of Indians holding individual Indian trust fund accounts managed by the Secretary through the Bureau. SEC. 203. DEMONSTRATION PLANS. An Indian tribe may submit to the Secretary a plan to demonstrate a new approach for the management of tribal or individual Indian funds held in trust by the United States for such tribe or the members of such tribe, and as of the date of the enactment of this Act, managed by the Secretary through the Bureau. Such plan may provide for the following: (1) Management of such funds directly by the Indian tribe in financial institutions selected by the tribe, subject to supervision and oversight by the Secretary. For the purposes of this section, the term ``management'' may include one or more of the functions carried out, as of the date of the enactment of this Act, by the Secretary through the Bureau in managing such funds, such as collection, disbursement, and investment functions. (2) Management of such funds by the Secretary in a manner that-- (A) involves investment of such funds in financial institutions on or near the reservation; (B) increases tribal access to such institutions; (C) promotes economic development activities on the reservation; or (D) otherwise promotes tribal priorities. (3) Management of such funds at the local level through contracts with local financial institutions that meet the purposes of this title. (4) Such other approaches, as determined by the Secretary, that meet the purpose of this title. SEC. 204. APPROVAL OF PLANS BY THE SECRETARY. (a) In General.--The Secretary shall approve and implement, or provide for the implementation by an Indian tribe of, a plan that meets the following conditions: (1) Such plan has been approved by the appropriate Indian tribe, as follows: (A) For a plan involving tribal trust funds, such plan is accompanied by a resolution from the tribal governing body approving the plan. (B) For a plan submitted by an Indian tribe (as defined in paragraphs (1) and (2) of section 202) involving individual Indian money accounts, where most or all of the account holders are members of the submitting tribe, it is accompanied by a resolution from the tribal governing body approving the plan, along with a certification that the tribe held no fewer than 2 public meetings to provide an opportunity for account holders to comment on the plan. (C) For a plan submitted by an Indian tribe (as defined in paragraph (3) of section 202), it is accompanied by a written approval signed by each participating account holder, along with a certification that the tribe on whose reservation the trust asset that is the source of the funds is located, has been consulted regarding the plan. (2) The Secretary determines such plan to be consistent with standards of reasonable prudence, after considering all appropriate factors, including but not limited to the following: (A) The capability and experience of the individuals or institutions that will be managing the trust funds. (B) The protection against substantial loss of principal. (C) The rate of return, provided that the plan need not produce the highest rate of return possible if the Indian tribe chooses to accept a lower rate in return for other benefits such as the benefits from investing in local financial institutions. (D) The ability of the Secretary to effectively monitor the demonstration, pursuant to the trust responsibility of the United States as specified in section 205. (3) The duration of the plan does not exceed 5 years. (b) Investment in Equities.--Nothing in this section shall prohibit an Indian tribe submitting a plan for a demonstration under this section from providing in such plan for the investment of its trust funds in equities, if the Secretary determines that such plan meets the standard of reasonable prudence under subsection (a)(2). SEC. 205. FEDERAL TRUST RESPONSIBILITY. (a) In General.--If an Indian tribe assumes management of trust funds pursuant to a demonstration under this title, the trust responsibility of the United States with respect to such funds shall, for the duration of the demonstration, be limited to the following: (1) The exercise of reasonable prudence by the Secretary in approving the plan for the demonstration. (2) An annual audit provided by the Secretary, directly or by contract, to determine that the tribe is performing in conformance with the plan for the demonstration. (3) If the Secretary finds, through such audits, that the tribe is not in compliance with the terms of the plan, the Secretary shall-- (A) terminate the demonstration; or (B) prescribe remedial action to be taken by the tribe to achieve compliance with the plan. (b) Decrease in Interest and Loss of Principal.--If a plan for a demonstration submitted under this title and approved by the Secretary provides for the implementation of such demonstration by the Secretary, the United States shall not be liable, during the period of such demonstration, for any decrease in interest rate or any loss of principal that is proximately caused by the Secretary's prudent implementation of such demonstration. (c) Agreement.--Prior to the implementation of any demonstration under this title, the Indian tribe involved shall sign a written statement indicating that it understands and accepts the limitations on the trust responsibility of the United States as provided in this section. SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE. The Secretary shall, directly or by contract, provide Indian tribes with technical and financial assistance in developing, implementing, and managing plans for demonstrations under this title. SEC. 207. NO INCOME TAX CONSEQUENCES. Funds managed pursuant to a demonstration program under this title, and distributions made from such funds, shall, for purposes of the Internal Revenue Code of 1986, be treated in the same manner as such funds would be treated if such funds were managed directly by the Secretary, through the Bureau. SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND PROGRAM. (a) In General.--An Indian tribe may, in accordance with this section, submit a plan to withdraw some or all funds held in trust for such tribe by the United States and managed by the Secretary through the Bureau. (b) Approval of Plan.--The Secretary shall approve a plan under this section that meets the requirements specified in section 204(a)(1) and subparagraphs (A) and (B) of section 204(a)(2). (c) Termination of Trust Responsibility.--Beginning on the date funds are withdrawn pursuant to this section, any trust responsibility of the United States with respect to such funds shall terminate. SEC. 209. REPORT TO CONGRESS. The Secretary shall, beginning one year after the date of the enactment of this Act, submit an annual report to the Congress on the implementation of demonstration programs under this title. Such report shall include recommendations for changes necessary to effectively implement the purpose of this title. TITLE III--RECOGNITION OF TRUST RESPONSIBILITY SEC. 301. AFFIRMATIVE ACTION REQUIRED. The first section of the Act of June 24, 1938 (25 U.S.C. 162a), as amended by section 101(a)(2), is amended by adding at the end the following new subsection: ``(e) The Secretary shall properly discharge the trust responsibilities of the United States under this section by-- ``(1) providing adequate systems for accounting for and reporting trust fund balances; ``(2) providing adequate controls over receipts and disbursements; ``(3) providing periodic, timely reconciliations to assure the accuracy of accounts; ``(4) determining accurate cash balances; ``(5) preparing and supplying account holders with meaningful periodic statements of their account balances; ``(6) establishing consistent, written policies and procedures for trust fund management and accounting; and ``(7) providing adequate staffing, supervision, and training for trust fund management and accounting.''. SEC. 302. TRUST RESPONSIBILITY WITH RESPECT TO NATURAL RESOURCES. The Congress recognizes that the trust responsibility of the United States extends to tribal and individual Indian owners of natural resources located within the boundaries of Indian reservations and trust lands. This includes the fiduciary responsibility to manage funds held in trust by the United States for Indian tribes and individual Indians derived from actions including, but not limited to, the use and sale of leased lands, judgments, mineral leases, oil and gas leases, timber permits and sales, and water resources. TITLE IV--TRAINING AND PERSONNEL SEC. 401. TRAINING. (a) Training Program.--The Secretary shall establish a program to assist Indians, including, but not limited to, employees of the Bureau and members and employees of Indian tribes, to obtain expertise in the management of trust funds. Components of such program may include the following: (1) An outreach program to encourage and assist Indians to obtain employment with private financial institutions. (2) Agreements with financial institutions and other entities under which such entities would provide classroom training, on-the-job training, internships, and employment opportunities not to exceed 2 years, for employees and prospective employees of the Bureau. (b) Recruitment.-- (1) Employment descriptions.--The Secretary shall ensure that the employment description for any Federal position related to the management of Indian trust funds contains requirements necessary to ensure that a person filling such position would have the necessary skills, based on industry standards, to fully perform the position's responsibilities in a manner consistent with the responsibility of the United States to properly manage Indian trust funds. (2) Pay.--The Secretary, in consultation with the Office of Personnel Management, shall establish the rate of pay payable for a position related to the management of Indian trust funds at a level of the General Schedule appropriate for such position. (c) Indian Preference.--Nothing in this title shall authorize or permit any waiver of Indian preference laws as such term is defined in section 2(f)(2) of Public Law 96-135 (25 U.S.C. 472 et seq.). TITLE V--RESPONSIBILITY TO ACCOUNT FOR INDIAN TRUST FUNDS SEC. 501. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE DAILY AND ANNUAL BALANCES OF INDIAN TRUST FUNDS. (a) Requirement to Account.--The Secretary shall account for the daily and annual balance of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). (b) Periodic Statement of Performance.--Not later than 10 business days after the close of a calendar month, the Secretary shall provide a statement of performance to each Indian tribe and individual with respect to whom funds are deposited or invested pursuant to the Act of June 24, 1938 (25 U.S.C. 162a). The statement, for the period concerned, shall-- (1) identify the source, type, and status of the funds; (2) the beginning balance; (3) the earnings and losses; and (4) the ending balance. (c) Annual Audit.--The Secretary shall cause to be conducted an annual audit on a fiscal year basis of all funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian which are deposited or invested pursuant to the Act of June 24, 1938 (25 U.S.C. 162a), and shall include a letter relating to the audit in the first statement of performance provided under subsection (b) after the completion of the audit. (d) Effective Date.--This section shall take effect October 1, 1993, but shall only apply with respect to earnings and losses occurring on or after October 1, 1993, on funds held in trust by the United States for the benefit of an Indian tribe or an individual Indian. HR 1846 IH----2 | TABLE OF CONTENTS: Title I: Trust Fund Interest Payments Title II: Indian Trust Fund Management Demonstration Program Title III: Recognition of Trust Responsibility Title IV: Training and Personnel Title V: Responsibility to Account for Indian Trust Funds Native American Trust Fund Accounting and Management Reform Act of 1993 - Title I: Trust Fund Interest Payments - Amends Federal law to change from discretionary to mandatory the authority of the Secretary of the Interior to invest Indian trust funds in debt obligations issued or guaranteed by the United States. Requires the Secretary to pay interest periodically on such deposited or invested funds to the appropriate Indian tribe or individual Indian. Repeals Federal law that relieves the United States from any liability relating to the interest payable on such invested funds. Authorizes the Secretary to make payments to an Indian tribe or individual Indian in full satisfaction of any claim of such tribe or Indian for any interest owed on amounts deposited or invested on their behalf before the enactment of this Act. Title II: Indian Trust Fund Management Demonstration Program - Authorizes an Indian tribe to submit to the Secretary a demonstration plan for new approaches to management of tribal or individual funds held in trust by the United States and managed by the Bureau of Indian Affairs (BIA) for a tribe or its members. Sets forth: (1) plan approval criteria; and (2) Federal trust responsibility in the case of tribal trust fund management. Provides for voluntary withdrawal of program funds. Title III: Recognition of Trust Responsibility - Amends Federal law to require the Secretary to take specified actions to properly discharge U.S. trust responsibilities with regard to Indian funds investment. States that the Congress recognizes a trust responsibility with respect to natural resources on Indian reservations and trust lands. Title IV: Training and Personnel - Directs the Secretary to establish a trust fund management training program for Indians. Title V: Responsibility to Account for Indian Trust Funds - Requires the Secretary to: (1) account for daily and annual balances of Indian trust funds; and (2) provide periodic performance statements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``End Unnecessary Mailers Act of 2011''. SEC. 2. CONSUMER CONFIDENCE REPORTS BY COMMUNITY WATER SYSTEMS. (a) Method of Delivering Report.--Section 1414(c)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 300g-3(c)(4)(A)) is amended-- (1) in the first sentence, by striking ``The Administrator, in consultation'' and inserting the following: ``(i) In general.--The Administrator, in consultation''; (2) in clause (i) (as designated by paragraph (1)), in the first sentence, by striking ``to mail to each customer'' and inserting ``to provide, in accordance with clause (ii) or (iii), as applicable, to each customer''; and (3) by adding at the end the following: ``(ii) Mailing requirement for violation of maximum contaminant level.--If a violation of the maximum contaminant level for any regulated contaminant has occurred during the year concerned, the regulations under clause (i) shall require the applicable community water system to mail a copy of the consumer confidence report to each customer of the system. ``(iii) Mailing requirement absent any violation of maximum contaminant level.-- ``(I) In general.--If no violation of the maximum contaminant level for any regulated contaminant has occurred during the year concerned, the regulations under clause (i) shall require the applicable community water system to make the consumer confidence report available by, at the discretion of the community water system-- ``(aa) mailing a copy of the consumer confidence report to each customer of the system; or ``(bb) subject to subclause (II), making a copy of the consumer confidence report available on a publicly accessible Internet site of the community water system and by mail, at the request of a customer. ``(II) Requirements.--If a community water system elects to provide consumer confidence reports to consumers under subclause (I)(bb), the community water system shall provide to each customer of the community water system, in plain language and in the same manner (such as in printed or electronic form) in which the customer has elected to pay the bill of the customer, notice that-- ``(aa) the community water system has remained in compliance with the maximum contaminant level for each regulated contaminant during the year concerned; and ``(bb) a consumer confidence report is available on a publicly accessible Internet site of the community water system and, on request, by mail.''. (b) Conforming Amendments.--Section 1414(c)(4) of the Safe Drinking Water Act (42 U.S.C. 300g-3(c)(4)) is amended-- (1) in subparagraph (C), in the matter preceding clause (i), by striking ``mailing requirement of subparagraph (A)'' and inserting ``mailing requirement of clause (ii) or (iii) of subparagraph (A)''; and (2) in subparagraph (D), in the first sentence of the matter preceding clause (i), by striking ``mailing requirement of subparagraph (A)'' and inserting ``mailing requirement of clause (ii) or (iii) of subparagraph (A)''. (c) Application; Administrative Actions.-- (1) In general.--The amendments made by this section take effect on the date that is 90 days after the date of the enactment of this Act. (2) Regulations.--Not later than 90 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall promulgate any revised regulations and take any other actions necessary to carry out the amendments made by this section. | End Unnecessary Mailers Act of 2011 - Amends the Safe Drinking Water Act to give community water systems for which there were no violations of the maximum contaminant level for any regulated contaminant during the year the option to: (1) mail the annual consumer confidence report on the level of contaminants in the drinking water purveyed by that system to each customer (required under current law); or (2) make such report available on the system's website and, upon request, by mail. Requires a system that elects the latter to provide customers notice, in the manner elected by the customers to pay their bill, of such report's availability and that the system has remained in compliance with maximum contaminant levels. |
Subsets and Splits