article
stringlengths 1.21k
19.1k
| summary
stringlengths 52
4.97k
|
|---|---|
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Administrative Simplification Act of 1993''. SEC. 2. ESTABLISHMENT. There is established a commission to be known as the Uniform Claim Commission. SEC. 3. DUTY. The Commission shall develop a universal paper claims processing form containing standard data elements for use by all health service providers that furnish services for which a claim may be submitted under a Federal program that provides for payments for health care services. The Commission shall develop such form in a manner that will permit the form to serve as a model for claims processing forms used in the private sector. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 17 members appointed by the director of the Office of Technology Assessment not later than 120 days after the date of the enactment of this Act. The members of the Commission shall be appointed from among individuals with expertise in health care claims administration, enrollment and eligibility administration, health care financial management, health care reimbursement, and other related fields. The Commission shall include individuals from various geographic areas of the United States, representatives from public and private health benefit plans involved in payment under such plans, administrators of such plans, and health service providers. (b) Terms.--Each member shall be appointed for the life of the Commission. (c) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after the date of the creation of the vacancy in the manner in which the original appointment was made. (d) Compensation.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Quorum.--11 members of the Commission shall constitute a quorum, but a lesser number may hold hearings, take testimony, or receive evidence. (f) Chairperson.--The chairperson of the Commission shall be elected by a majority vote of the members of the Commission. (g) Meetings.--The Commission shall meet at the call of the chairperson of the Commission. SEC. 5. STAFF AND SUPPORT SERVICES. (a) Director.--The Commission shall have a director appointed by the Commission and paid at a rate not to exceed the maximum rate of basic pay payable for GS-9 of the General Schedule. (b) Staff.--The Commission may appoint and fix the pay of additional personnel as it considers appropriate, except that-- (1) not more than 2 individuals may be appointed under this subsection; and (2) an individual so appointed may not receive pay in excess of the maximum rate of basic pay payable for GS-7 of the General Schedule. (c) Applicability of Certain Civil Service Laws.--The director and staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except as provided in subsections (a) and (b). (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency may detail, on a nonreimbursable basis, any of the personnel of the agency to the Commission to assist it in carrying out its duties under this Act. (e) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-12 of the General Schedule. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services necessary for the Commission to carry out its responsibilities under this Act. SEC. 6. POWERS. (a) Hearings and Sessions.--The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. (b) Delegation of Authority.--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 section. (c) Information.-- (1) In general.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Commission, the head of the Federal agency shall furnish the information to the Commission. (2) Exception.--Paragraph (1) shall not apply to any information that the Commission is prohibited to secure or request by another law. (d) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (e) Contract Authority.--The Commission may contract with and compensate government and private agencies or persons for supplies or services without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (f) Publication in Federal Register.--The Commission may publish a notice and request for comments in the Federal Register in the same manner as a Federal agency. SEC. 7. PROMULGATION OF UNIFORM CLAIMS PROCESSING FORM. (a) Development of Preliminary Form.--The Commission shall develop a preliminary version of the form required to be developed under section 3 not later than the expiration of the 6-month period beginning on the date of the appointment of the last member of the Commission to be appointed under section 4(a). (b) Publication.--The Commission shall publish a copy of the preliminary version of the form required to be developed under subsection (a) in the Federal Register, along with a notice of the comment period established in subsection (c) and a request for comments, promptly after the date on which such preliminary version is completed. (c) Comment Period.--The Commission may receive comments concerning the preliminary version of the form required to be developed under subsection (a) during the 30-day period beginning on the date the preliminary version appears in the Federal Register. (d) Revision of Form and Final Report.--Not later than the expiration of the 30-day period beginning on the date following the closing date of the comment period under subsection (c), the Commission shall-- (1) revise the preliminary version of the form required to be developed under subsection (a), taking into consideration any comments received pursuant to subsection (c); (2) develop a final version of the form required to be developed under section 3; and (3) submit to the Congress, the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs a report containing-- (A) a copy of the final version of the form; (B) a summary of the activities of the Commission; and (C) any other findings, conclusions, or recommendations that the Commission determines to be appropriate. SEC. 8. TERMINATION. The Commission shall terminate not later than the expiration of the 30-day period beginning on the date on which the Commission submits its report under section 7. SEC. 9. PROMULGATION OF REGULATIONS CONCERNING UNIFORM CLAIMS PROCESSING FORM. (a) Notice of Regulations.--Promptly upon receipt of the report submitted under section 7(d), the Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs each shall publish in the Federal Register a notice of rulemaking in which the Secretary announces the promulgation of a regulation that will-- (1) take effect 90 days after the date of the publication of the notice; and (2) require all health service providers that furnish health care services for which a claim for payment may be submitted under a Federal program within the jurisdiction of the Secretary to submit any such claim using the universal paper claims processing form developed by the Commission under section 3. (b) Promulation and Implementation of Regulations.--The Secretary of Health and Human Services, the Secretary of Defense, and the Secretary of Veterans Affairs each shall promulgate and implement a regulation described in subsection (a). SEC. 10. FUNDING. From funds appropriated for salaries and expenses with respect to the Department of Health and Human Services for fiscal year 1995, the Secretary of Health and Human Services shall expend such amounts as may be necessary to ensure that the Commission is able to carry out its duties under this Act, except that such amounts shall not exceed $500,000. SEC. 11. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Uniform Claims Commission established by section 2. (2) Health service provider.--The term ``health service provider'' includes a provider of services (as defined in section 1861(u) of the Social Security Act), physician, supplier, and other person furnishing health care services but does not include a Federal program that provides directly for the provision of health care services to beneficiaries. SEC. 12. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this Act shall be effective only to such extent or in such amounts as are provided in appropriation Acts. | Health Care Administrative Simplification Act of 1993 - Establishes the Uniform Claim Commission which shall develop a universal paper claims processing form containing standard data elements for use by all health service providers that furnish services for which a claim may be submitted under a Federal program that provides payments for health care services. Terminates the Commission after it develops the form. Provides funding for the Commission from funds appropriated to the Department of Health and Human Services for FY 1995 salaries and expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Poison Center Network Act''. SEC. 2. REAUTHORIZATION OF POISON CONTROL CENTERS NATIONAL TOLL-FREE NUMBER. Section 1271 of the Public Health Service Act (42 U.S.C. 300d-71) is amended by striking subsection (b) and inserting the following: ``(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $700,000 for each of fiscal years 2015 through 2019 for the maintenance of the nationwide toll free phone number under subsection (a).''. SEC. 3. REAUTHORIZATION OF NATIONWIDE MEDIA CAMPAIGN TO PROMOTE POISON CONTROL CENTER UTILIZATION. Section 1272 of the Public Health Service Act (42 U.S.C. 300d-72) is amended by striking subsection (d) and inserting the following: ``(d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $800,000 for each of fiscal years 2015 through 2019.''. SEC. 4. REAUTHORIZATION OF THE POISON CONTROL CENTER GRANT PROGRAM. (a) In General.--Section 1273 of the Public Health Service Act (42 U.S.C. 300d-73) is amended-- (1) in subsection (a)-- (A) by striking ``certified'' and inserting ``accredited''; and (B) by striking ``certification'' and inserting ``accreditation''; (2) in subsection (b)-- (A) in paragraph (1), by striking ``establish'' and inserting ``research, establish, implement''; (B) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8); (C) by inserting after paragraph (3), the following: ``(4) to research, improve, and enhance the communications and response capability and capacity of the nation's network of poison control centers to facilitate increased access to the Centers through the integration and modernization of the current poison control centers communications and data system, including enhancing the network's telephony, Internet, data and social networking technologies;''; (D) in paragraph (6) (as so redesignated), by striking ``paragraph (4)'' and inserting ``paragraph (5)''; and (E) in paragraph (8) (as so redesignated), by striking ``and respond'' and inserting ``and Internet communications, and to sustain and enhance the poison control center's network capability to respond''; (3) in subsection (c)-- (A) in the subsection heading, by striking ``Certification'' and inserting ``Accreditation''; (B) by striking ``certified'' each place that such term appears and inserting ``accredited''; and (C) by striking ``certification'' each place that such term appears and inserting ``accreditation''; (4) in subsection (d)-- (A) in the subsection heading, by striking ``Certification'' and inserting ``Accreditation''; (B) in paragraph (1)-- (i) by striking ``the certification'' and inserting ``the accreditation''; (ii) by striking ``a noncertified'' and inserting ``a nonaccredited''; and (iii) by striking ``a certification'' and inserting ``an accreditation''; and (C) in paragraph (3)-- (i) by striking the last sentence; and (ii) by striking ``exceed 5 years.'' and inserting the following ``exceed-- ``(A) 5 years; or ``(B) in the case of a non-accredited poison control center operating pursuant to a waiver under this subsection as of October 1, 2014, 6 years.''; (5) in subsection (f), by striking ``for activities of the center'' and inserting ``for its activities''; and (6) by striking subsection (g) and inserting the following: ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $28,600,000 for each of fiscal years 2015 through 2019. The Secretary may utilize an amount not to exceed 6 percent of the amount appropriated under this preceding sentence in each fiscal year for coordination, dissemination, technical assistance, program evaluation, data activities, and other program administration functions, which are determined by the Secretary to be appropriate for carrying out the program under this section.''. (b) Effective Date.--The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to grants made on or after October 1, 2014. | . Poison Center Network Act - Amends the Public Health Service Act to reauthorize through FY2019: (1) a poison control nationwide-toll free phone number; and (2) a national media campaign to educate the public and health care providers about poison prevention and the availability of poison control center resources in local communities and to conduct advertising campaigns about the nationwide toll-free number. Revises and reauthorizes through FY2019 a grant program for accredited (currently, certified) poison control centers. Allows grant funds to be used to research, improve, and enhance the communications and response capability and capacity of the poison control centers to facilitate increased access to such centers through the integration and modernization of communications and data systems. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013''. SEC. 2. AMENDMENTS. (a) Findings.--Section 402 of the Missing Children's Assistance Act (42 U.S.C. 5771) is amended-- (1) by redesignating paragraphs (3) through (9) as paragraphs (4) through (10), respectively, and (2) by inserting after paragraph (2) the following: ``(3) many missing children are runaways;''. (b) Duties and Functions of Administrator.--Section 404 of the Missing Children's Assistance Act (42 U.S.C. 5773) is amended-- (1) in subsection (a)-- (A) in paragraph(5)-- (i) by striking ``Representatives, and'' and inserting ``Representatives, the Committee on Education and the Workforce of the House of Representatives,'', and (ii) by inserting ``, and the Committee on the Judiciary of the Senate'' after ``Senate'', (B) by redesignating paragraphs (4) and (5) as (5) and (6), respectively, and (C) by inserting after paragraph (3) the following: ``(4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation;'', (2) in subsection (b)-- (A) in paragraph (1)-- (i) in subparagraph (C)-- (I) by striking ``and'' after ``governments,'', and (II) by inserting ``State and local educational agencies,'' after ``agencies,'', (ii) in subparagraph (R) by striking ``and'' at the end, (iii) in subparagraph (S) by striking the period at the end and inserting a semicolon, and (iv) by adding at the end the following: ``(T) provide technical assistance and training to State and local law enforcement agencies and statewide clearinghouses to coordinate with State and local educational agencies in identifying and recovering missing children; ``(U) assist the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the State welfare system; and ``(V) provide technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking.'', and (B) by amending paragraph (2) to read as follows: ``(2) Limitation.-- ``(A) In general.--Notwithstanding any other provision of law, no Federal funds may be used to pay the compensation of an individual employed by the Center if such compensation, as determined at the beginning of each grant year, exceeds 110 percent of the maximum annual salary payable to a member of the Federal Government's Senior Executive Service (SES) for that year. The Center may compensate an employee at a higher rate provided the amount in excess of this limitation is paid with non-Federal funds. ``(B) Definition of compensation.--For the purpose of this paragraph, the term `compensation'-- ``(i) includes salary, bonuses, periodic payments, severance pay, the value of a compensatory or paid leave benefit not excluded by clause (ii), and the fair market value of any employee perquisite or benefit not excluded by clause (ii); and ``(ii) excludes any Center expenditure for health, medical, or life insurance, or disability or retirement pay, including pensions benefits.'', (3) in subsection (c)(1)-- (A) by striking ``periodically'' and inserting ``triennially'', and (B) by striking ``kidnapings'' and inserting ``kidnappings'', and (4) in subsection (c)(2) by inserting ``, in compliance with the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g)'' after ``birth certificates''. (c) Grants.--Section 405(a) of the Missing Children's Assistance Act (42 U.S.C. 5775(a)) is amended-- (1) in paragraph (1) by inserting ``schools, school leaders, teachers, State and local educational agencies, homeless shelters and service providers,'' after ``children,'', and (2) in paragraph (3) by inserting ``and schools'' after ``communities''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 407 of the Missing Children's Assistance Act (42 U.S.C. 5777) is amended-- (1) in subsection (a) by striking ``such'' and all that follows through the period at the end, and inserting ``$40,000,000 for each of the fiscal years 2014 through 2018, up to $32,200,000 of which shall be used to carry out section 404(b) for each such fiscal year.'', and (2) by striking ``sec. 407'' and inserting ``sec. 408''. SEC. 4. OVERSIGHT AND ACCOUNTABILITY. The Missing Children's Assistance Act (42 U.S.C. 5771 et seq.) is amended by inserting after section 406 the following: ``SEC. 407. OVERSIGHT AND ACCOUNTABILITY. ``All grants awarded by the Department of Justice that are authorized under this title shall be subject to the following: ``(1) Audit requirement.--For 2 of the fiscal years in the period of fiscal years 2014 through 2018, the Inspector General of the Department of Justice shall conduct audits of the recipient of grants under this title to prevent waste, fraud, and abuse by the grantee. ``(2) Mandatory exclusion.--If the recipient of grant funds under this title is found to have an unresolved audit finding, then that entity shall not be eligible to receive grant funds under this title during the 2 fiscal years beginning after the 12-month period described in paragraph (4). ``(3) Repayment of grant funds.--If an entity is awarded grant funds under this title during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall-- ``(A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and ``(B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. ``(4) Defined term.--In this section, the term `unresolved audit finding' means an audit report finding in the final report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. ``(5) Nonprofit organization requirements.-- ``(A) Definition.--For purposes of this section and the grant programs described in this title, the term `nonprofit', relating to an entity, means the entity is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. ``(B) Prohibition.--The Attorney General shall not award a grant under any grant program described in this title to a nonprofit organization that holds money in off-shore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. ``(C) Disclosure.--Each nonprofit organization that is awarded a grant under this title and uses the procedures prescribed in regulations under section 53.4958-6 of title 26 of the Code of Federal Regulations to create a rebuttable presumption of reasonableness of the compensation for its officers, directors, trustees and key employees, shall disclose to the Attorney General the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information available for public inspection. ``(6) Conference expenditures.-- ``(A) Limitation.--No amounts authorized to be appropriated under this title may be used to host or support any expenditure for conferences that uses more than $20,000 unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy director as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. ``(B) Written approval.--Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. ``(C) Report.--The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, and the Committee on Education and the Workforce of the House of Representatives on all conference expenditures approved by operation of this paragraph. ``(7) Prohibition on lobbying activity.-- ``(A) In general.--Amounts authorized to be appropriated under this title may not be utilized by any grant recipient to-- ``(i) lobby any representative of the Department of Justice regarding the award of any grant funding; or ``(ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. ``(B) Penalty.--If the Attorney General determines that any recipient of a grant under this title has violated subparagraph (A), the Attorney General shall-- ``(i) require the grant recipient to repay the grant in full; and ``(ii) prohibit the grant recipient from receiving another grant under this title for not less than 5 years. ``(C) Clarification.--For purposes of this paragraph, submitting an application for a grant under this title shall not be considered lobbying activity in violation of subparagraph (A).''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | (This measure has not been amended since it passed the House on September 17, 2013. E. Clay Shaw, Jr. Missing Children's Assistance Reauthorization Act of 2013 - (Sec. 2) Amends the Missing Children's Assistance to declare that many missing children are runaways. Requires the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice (DOJ) to send the Office's annual report to the President and Congress specifically to the Committee on Education and the Workforce of the House of Representatives and the Committee on the Judiciary of the Senate. Requires the Administrator also to coordinate with the U.S. Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation. Adds to the authorized uses of the annual grant to National Center for Missing and Exploited Children: (1) giving technical assistance and training to state and local law enforcement agencies and statewide clearinghouses to coordinate with state and local educational agencies in identifying and recovering missing children; (2) assisting the efforts of law enforcement agencies in coordinating with child welfare agencies to respond to foster children missing from the state welfare system; and (3) giving technical assistance to law enforcement agencies and first responders in identifying, locating, and recovering victims of, and children at risk for, child sex trafficking. Prohibits the use of federal funds to pay the compensation of any Center employee exceeding 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Service (SES) for that year. Allows the Center to compensate an employee at a higher rate provided the amount exceeding this limitation is paid with non-federal funds. Excludes from the meaning of such compensation any health, medical, or life insurance payments, disability or retirement pay, or pensions benefits. Requires the Administrator to conduct national incidence studies triennially (currently, periodically) to determine for a given year the actual number of children reported missing, the number who are victims of abduction by strangers, the number who are the victims of parental kidnappings, and the number who are recovered each year. Requires that the Administrator's duty to provide to state and local governments, public and private nonprofit agencies, and individuals information to facilitate the lawful use of school records and birth certificates to identify and locate missing children be performed in compliance with the Family Educational Rights and Privacy Act of 1974. Authorizes the Administration to make grants or enter into contracts with the Center and with public agencies or nonprofit private organizations for research, demonstration projects, or service programs designed to: (1) educate schools, school leaders, teachers, state and local educational agencies, homeless shelters, and service providers in ways to prevent the abduction and sexual exploitation of children; and (2) aid schools in the collection of materials useful to parents in assisting others in the identification of missing children. (Sec. 3) Authorizes appropriations for FY2014-FY2018, including specified funds each year for the annual grant to the Center. (Sec. 4) Subjects grant recipients to audits by the DOJ Inspector General for two of the fiscal years between FY2014 and FY2018. Bars eligibility to receive grant funds for two fiscal years for any grant recipient found to have an unresolved audit finding that it has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months after the final audit report is issued. Requires the Attorney General to seek repayment from a debarred grantee of any grant funds awarded during the two-fiscal year debarment. Prohibits the Attorney General from awarding a grant to a nonprofit organization that holds money in off-shore accounts to avoid paying the tax on unrelated business income of charitable and other tax-exempt organizations. Prohibits the use of more than $20,000 of authorized funds to host or support any expenditure for conferences without prior written authorization by the Deputy Attorney General or a specified designee. Prohibits the use of authorized funds by any grant recipient to lobby: (1) any DOJ representative regarding the award of any grant funding; or (2) any representative of a federal, state, local, or tribal government regarding the award of grant funding. Requires any recipient violating this prohibition to repay the grant in full, and denies the recipient eligibility for another grant for five years. |
S. Section 424 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 658c) is amended-- (1) in subsection (a)(2)-- (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) if the Director estimates that the total amount of direct costs of all Federal intergovernmental mandates in the bill or joint resolution will equal or exceed $5,000,000,000 (adjusted annually for inflation), to the extent practicable, the potential job creation or job loss in State, local, and tribal governments as a result of the mandates.''; and (2) in subsection (b)(2)-- (A) in subparagraph (A), by striking ``and'' at the end; (B) in subparagraph (B), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(C) if the Director estimates that the total amount of direct costs of all Federal private sector mandates in the bill or joint resolution will equal or exceed $5,000,000,000 (adjusted annually for inflation), to the extent practicable, the potential job creation or job loss in the private sector as a result of the mandates.''. SEC. 4. CLARIFICATION AND EXPANSION OF RULES COVERED BY THE REGULATORY FLEXIBILITY ACT. Section 601 of title 5, United States Code, is amended-- (1) in paragraph (6), by striking ``and'' at the end; (2) in paragraph (7)(B), by striking the period at the end and inserting a semicolon; (3) in paragraph (8)-- (A) by striking ``Recordkeeping requirement.--The'' and inserting ``the''; and (B) by striking the period at the end and inserting ``; and''; and (4) by adding at the end the following: ``(9) the term `economic impact' means, with respect to a proposed or final rule-- ``(A) any direct economic effect of the rule on small entities; and ``(B) any indirect economic effect on small entities, including potential job creation or job loss, that is reasonably foreseeable and that results from the rule, without regard to whether small entities are directly regulated by the rule.''. SEC. 5. REQUIREMENTS PROVIDING FOR MORE DETAILED ANALYSES. (a) Initial Regulatory Flexibility Analysis.--Section 603 of title 5, United States Code, is amended-- (1) by striking subsection (b) and inserting the following: ``(b) Each initial regulatory flexibility analysis required under this section shall contain a detailed statement-- ``(1) describing the reasons why action by the agency is being considered; ``(2) describing the objectives of, and legal basis for, the proposed rule; ``(3) estimating the number and type of small entities to which the proposed rule will apply; ``(4) describing the projected reporting, recordkeeping, and other compliance requirements of the proposed rule, including an estimate of the classes of small entities which will be subject to the requirement and the type of professional skills necessary for preparation of the report and record; ``(5) describing all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule, or the reasons why such a description could not be provided; and ``(6) estimating the additional cumulative economic impact of the proposed rule on small entities, including job creation and employment by small entities, beyond that already imposed on the class of small entities by the agency, or the reasons why such an estimate is not available.''; and (2) by adding at the end the following: ``(d) An agency shall notify the Chief Counsel for Advocacy of the Small Business Administration of any draft rules that may have a significant economic impact on a substantial number of small entities either-- ``(1) when the agency submits a draft rule to the Office of Information and Regulatory Affairs at the Office of Management and Budget under Executive Order 12866, if that order requires such submission; or ``(2) if no submission to the Office of Information and Regulatory Affairs is so required, at a reasonable time prior to publication of the rule by the agency.''. (b) Final Regulatory Flexibility Analysis.-- (1) In general.--Section 604(a) of title 5, United States Code, is amended-- (A) by inserting ``detailed'' before ``description'' each place it appears; (B) in paragraph (1), by striking ``succinct''; (C) in paragraph (2)-- (i) by striking ``summary'' each place it appears and inserting ``statement''; and (ii) by inserting ``(or certification of the proposed rule under section 605(b))'' after ``initial regulatory flexibility analysis''; (D) in paragraph (3), by striking ``an explanation'' and inserting ``a detailed explanation''; (E) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and (F) by inserting after paragraph (2) the following: ``(3) the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments;''. (2) Publication of analysis on web site, etc.--Section 604(b) of title 5, United States Code, is amended to read as follows: ``(b) The agency shall-- ``(1) make copies of the final regulatory flexibility analysis available to the public, including by publishing the entire final regulatory flexibility analysis on the Web site of the agency; and ``(2) publish in the Federal Register the final regulatory flexibility analysis, or a summary of the analysis that includes the telephone number, mailing address, and address of the Web site where the complete final regulatory flexibility analysis may be obtained.''. (c) Cross-References to Other Analyses.--Section 605(a) of title 5, United States Code, is amended to read as follows: ``(a) A Federal agency shall be deemed to have satisfied a requirement regarding the content of a regulatory flexibility agenda or regulatory flexibility analysis under section 602, 603, or 604, if the Federal agency provides in the agenda or regulatory flexibility analysis a cross-reference to the specific portion of an agenda or analysis that is required by another law and that satisfies the requirement.''. (d) Certifications.--The second sentence of section 605(b) of title 5, United States Code, is amended by striking ``statement providing the factual'' and inserting ``detailed statement providing the factual and legal''. (e) Quantification Requirements.--Section 607 of title 5, United States Code, is amended to read as follows: ``Sec. 607. Quantification requirements ``In complying with sections 603 and 604, an agency shall provide-- ``(1) a quantifiable or numerical description of the effects of the proposed or final rule, including an estimate of the potential for job creation or job loss, and alternatives to the proposed or final rule; or ``(2) a more general descriptive statement and a detailed statement explaining why quantification is not practicable or reliable.''. SEC. 6. PERIODIC REVIEW OF RULES. Section 610 of title 5, United States Code, is amended to read as follows: ``Sec. 610. Periodic review of rules ``(a) Not later than 180 days after the enactment of the Job Impact Analysis Act of 2010, each agency shall publish in the Federal Register and place on its Web site a plan for the periodic review of rules issued by the agency that the head of the agency determines has a significant economic impact on a substantial number of small entities. Such determination shall be made without regard to whether the agency performed an analysis under section 604. The purpose of the review shall be to determine whether such rules should be continued without change, or should be amended or rescinded, consistent with the stated objectives of applicable statutes, to minimize any significant adverse economic impacts on a substantial number of small entities (including an estimate of any adverse impacts on job creation and employment by small entities). Such plan may be amended by the agency at any time by publishing the revision in the Federal Register and subsequently placing the amended plan on the Web site of the agency. ``(b) The plan shall provide for the review of all such agency rules existing on the date of the enactment of the Job Impact Analysis Act of 2010 within 10 years after the date of publication of the plan in the Federal Register and every 10 years thereafter and for review of rules adopted after the date of enactment of the Job Impact Analysis Act of 2010 within 10 years after the publication of the final rule in the Federal Register and every 10 years thereafter. If the head of the agency determines that completion of the review of existing rules is not feasible by the established date, the head of the agency shall so certify in a statement published in the Federal Register and may extend the review for not longer than 2 years after publication of notice of extension in the Federal Register. Such certification and notice shall be sent to the Chief Counsel for Advocacy and Congress. ``(c) Each agency shall annually submit a report regarding the results of its review pursuant to such plan to Congress and, in the case of agencies other than independent regulatory agencies (as defined in section 3502(5) of title 44, United States Code), to the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget. Such report shall include the identification of any rule with respect to which the head of the agency made a determination of infeasibility under paragraph (5) or (6) of subsection (d) and a detailed explanation of the reasons for such determination. ``(d) In reviewing rules under such plan, the agency shall consider-- ``(1) the continued need for the rule; ``(2) the nature of complaints received by the agency from small entities concerning the rule; ``(3) comments by the Regulatory Enforcement Ombudsman and the Chief Counsel for Advocacy; ``(4) the complexity of the rule; ``(5) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules and, unless the head of the agency determines it to be infeasible, State and local rules; ``(6) the contribution of the rule to the cumulative economic impact of all Federal rules on the class of small entities affected by the rule, unless the head of the agency determines that such calculations cannot be made and reports that determination in the annual report required under subsection (c); ``(7) the length of time since the rule has been evaluated, or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule; and ``(8) the current impact of the rule, including-- ``(A) the estimated number of small entities to which the rule will apply; ``(B) the estimated number of small business jobs that will be lost or created by the rule; and ``(C) the projected reporting, recordkeeping and other compliance requirements of the proposed rule, including-- ``(i) an estimate of the classes of small entities that will be subject to the requirement; and ``(ii) the type of professional skills necessary for preparation of the report or record. ``(e) The agency shall publish in the Federal Register and on the Web site of the agency a list of rules to be reviewed pursuant to such plan. Such publication shall include a brief description of the rule, the reason why the agency determined that it has a significant economic impact on a substantial number of small entities (without regard to whether the agency had prepared a final regulatory flexibility analysis for the rule), and request comments from the public, the Chief Counsel for Advocacy, and the Regulatory Enforcement Ombudsman concerning the enforcement of the rule.''. SEC. 7. OFFICE OF ADVOCACY. (a) In General.--Section 203 of Public Law 94-305 (15 U.S.C. 634c) is amended-- (1) in paragraph (4), by striking ``and'' at the end; (2) in paragraph (5), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(6) carry out the responsibilities of the Office of Advocacy under chapter 6 of title 5, United States Code.''. (b) Budgetary Line Item and Authorization of Appropriations.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) is amended by striking section 207 and inserting the following: ``SEC. 207. BUDGETARY LINE ITEM AND AUTHORIZATION OF APPROPRIATIONS. ``(a) Appropriation Requests.--Each budget of the United States Government submitted by the President under section 1105 of title 31, United States Code, shall include a separate statement of the amount of appropriations requested for the Office of Advocacy of the Small Business Administration, which shall be designated in a separate account in the General Fund of the Treasury. ``(b) Administrative Operations.--The Administrator of the Small Business Administration shall provide the Office of Advocacy with appropriate and adequate office space at central and field office locations, together with such equipment, operating budget, and communications facilities and services as may be necessary, and shall provide necessary maintenance services for such offices and the equipment and facilities located in such offices. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this title. Any amount appropriated under this subsection shall remain available, without fiscal year limitation, until expended.''. SEC. 8. CLERICAL AMENDMENTS. (a) Heading.--The heading of section 605 of title 5, United States Code, is amended to read as follows: ``Sec. 605. Incorporations by reference and certifications''. (b) Table of Sections.--The table of sections for chapter 6 of title 5, United States Code, is amended-- (1) by striking the item relating to section 605 and inserting the following: ``605. Incorporations by reference and certifications.''; and (2) by striking the item relating to section 607 and inserting the following: ``607. Quantification requirements.''. | Job Impact Analysis Act of 2010 - Amends the Congressional Budget and Impoundment Control Act of 1974 to require the Director of the Congressional Budget Office (CBO) to include in the statement submitted to an authorizing congressional committee for a public bill or joint resolution reported by that committee for which estimated direct costs of all federal intergovernmental mandates, or all federal private sector mandates, will equal or exceed $5 billion (adjusted annually for inflation) estimates of the potential job creation or job loss in state, local, and tribal governments, or in the private sector, as a result of such mandates. Amends the Regulatory Flexibility Act to require: (1) each initial regulatory flexibility analysis to contain a detailed statement estimating the additional cumulative economic impact of the proposed rule on small businesses; (2) an agency to notify the Chief Counsel for Advocacy of the Small Business Administration (SBA) of any draft rules that may have a significant economic impact on a substantial number of small businesses; (3) each final regulatory flexibility analysis to include the agency's response to any comments filed by the Chief Counsel in response to the proposed rule; and (4) the agency to publish the final regulatory flexibility analysis on its website. Requires each agency: (1) to place on its website its plan for the periodic review of rules, providing for the review of all agency rules at specified intervals; and (2) in reviewing the rules, to consider specified factors, including the continued need for the rule, the nature of complaints received, and the rule's complexity and current impact. Requires: (1) the Office of Advocacy of the SBA to carry out responsibilities concerning the analysis of regulatory functions; (2) each federal budget to include a separate statement of the amount requested for the Office, designated in a separate account in the General Fund of the Treasury; and (3) the SBA Administrator to provide the Office with appropriate office space and necessary equipment, operating budget, communications, and maintenance services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Interstate Transportation of Dangerous Criminals Act of 2000'' or ``Jeanna's Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Increasingly, States are turning to private prisoner transport companies as an alternative to their own personnel or the United States Marshals Service when transporting violent prisoners. (2) The transport process can last for days if not weeks, as violent prisoners are dropped off and picked up at a network of hubs across the country. (3) Escapes by violent prisoners during transport by private prisoner transport companies have occurred. (4) Oversight by the Attorney General is required to address these problems. (5) While most governmental entities may prefer to use, and will continue to use, fully trained and sworn law enforcement officers when transporting violent prisoners, fiscal or logistical concerns may make the use of highly specialized private prisoner transport companies an option. Nothing in this Act should be construed to mean that governmental entities should contract with private prisoner transport companies to move violent prisoners; however when a government entity opts to use a private prisoner transport company to move violent prisoners, then the company should be subject to regulation in order to enhance public safety. SEC. 3. DEFINITIONS. In this Act: (1) Crime of violence.--The term ``crime of violence'' has the same meaning as in section 924(c)(3) of title 18, United States Code. (2) Private prisoner transport company.--The term ``private prisoner transport company'' means any entity, other than the United States, a State, or an inferior political subdivision of a State, which engages in the business of the transporting for compensation, individuals committed to the custody of any State or of an inferior political subdivision of a State, or any attempt thereof. (3) Violent prisoner.--The term ``violent prisoner'' means any individual in the custody of a State or an inferior political subdivision of a State who has previously been convicted of or is currently charged with a crime of violence or any similar statute of a State or the inferior political subdivisions of a State, or any attempt thereof. SEC. 4. FEDERAL REGULATION OF PRISONER TRANSPORT COMPANIES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the American Correctional Association and the private prisoner transport industry, shall promulgate regulations relating to the transportation of violent prisoners in or affecting interstate commerce. (b) Standards and Requirements.--The regulations shall include the following: (1) Minimum standards for background checks and preemployment drug testing for potential employees, including requiring criminal background checks, to disqualify persons with a felony conviction or domestic violence conviction as defined by section 921 of title 18, United States Code, for eligibility for employment. Preemployment drug testing will be in accordance with applicable State laws. (2) Minimum standards for the length and type of training that employees must undergo before they can transport prisoners not to exceed 100 hours of preservice training focusing on the transportation of prisoners. Training shall be in the areas of use of restraints, searches, use of force, including use of appropriate weapons and firearms, CPR, map reading, and defensive driving. (3) Restrictions on the number of hours that employees can be on duty during a given time period. Such restriction shall not be more stringent than current applicable rules and regulations concerning hours of service promulgated under the Federal Motor Vehicle Safety Act. (4) Minimum standards for the number of personnel that must supervise violent prisoners. Such standards shall provide the transport entity with appropriate discretion, and, absent more restrictive requirements contracted for by the procuring government entity, shall not exceed a requirement of 1 agent for every 6 violent prisoners. (5) Minimum standards for employee uniforms and identification that require wearing of a uniform with a badge or insignia identifying the employee as a transportation officer. (6) Standards establishing categories of violent prisoners required to wear brightly colored clothing clearly identifying them as prisoners, when appropriate. (7) Minimum requirements for the restraints that must be used when transporting violent prisoners, to include leg shackles and double-locked handcuffs, when appropriate. (8) A requirement that when transporting violent prisoners, private prisoner transport companies notify local law enforcement officials 24 hours in advance of any scheduled stops in their jurisdiction. (9) A requirement that in the event of an escape by a violent prisoner, private prisoner transport company officials shall immediately notify appropriate law enforcement officials in the jurisdiction where the escape occurs, and the governmental entity that contracted with the private prisoner transport company for the transport of the escaped violent prisoner. (10) Minimum standards for the safety of violent prisoners in accordance with applicable Federal and State law. (c) Federal Standards.--Except for the requirements of subsection (b)(6), the regulations promulgated under this Act shall not provide stricter standards with respect to private prisoner transport companies than are applicable, without exception, to the United States Marshals Service, Federal Bureau of Prisons, and the Immigration and Naturalization Service when transporting violent prisoners under comparable circumstances. SEC. 5. ENFORCEMENT. Any person who is found in violation of the regulations established by this Act shall-- (1) be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each violation and, in addition, to the United States for the costs of prosecution; and (2) make restitution to any entity of the United States, of a State, or of an inferior political subdivision of a State, which expends funds for the purpose of apprehending any violent prisoner who escapes from a prisoner transport company as the result, in whole or in part, of a violation of regulations promulgated pursuant to section 4(a). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires that, with the exception of the violent prisoner clothing requirement, regulations promulgated under this Act shall not provide stricter standards with respect to companies than are applicable to the United States Marshals Service, the Federal Bureau of Prisons, and the Immigration and Naturalization Service when transporting violent prisoners under comparable circumstances. (Sec. 5) Provides civil penalties of $10,000 for each violation of such regulations, in addition to the costs of prosecution. Mandates restitution to any entity of the United States, a State, or a subdivision thereof, which expends funds for the purpose of apprehending any violent prisoner who escapes from a company as the result of a violation of regulations promulgated under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Right-to-Ride Livestock on Federal Land Act of 2005''. SEC. 2. USE AND ACCESS OF PACK AND SADDLE ANIMALS ON PUBLIC LAND. (a) National Park System Land.--Section 12 of Public Law 91-383 (16 U.S.C. 1a-7) is amended by adding at the end the following: ``(c) Use and Access of Pack and Saddle Animals.-- ``(1) In general.--The Secretary of the Interior shall manage National Park System land in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on National Park System land (including national monuments and other specifically designated areas) on which there is a historical tradition of the use of pack and saddle stock animals. ``(2) Use.-- ``(A) In general.--Except as provided in subparagraph (B), the National Park System land described in paragraph (1) shall remain open and accessible to the use of pack and saddle stock animals. ``(B) Limitation.--The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on the National Park System land described in paragraph (1) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Effect.--Nothing in this subsection-- ``(A) authorizes the Secretary of the Interior to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(B) limits the authority of the Secretary of the Interior to-- ``(i) impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals; or ``(ii) issue special permits; or ``(C) creates a preference for 1 recreational use for any unit of the National Park System, without consideration of the stated purpose of the unit.''. (b) Bureau of Land Management Land.--Section 302 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732) is amended by adding at the end the following: ``(e) Use and Access of Pack and Saddle Animals.-- ``(1) In general.--The Secretary shall manage Bureau of Land Management land in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on Bureau of Land Management land on which there is a historical tradition of the use of pack and saddle stock animals. ``(2) Use.-- ``(A) In general.--Except as provided in subparagraph (B), the Bureau of Land Management land described in paragraph (1) shall remain open and accessible to the use of pack and saddle stock animals. ``(B) Limitation.--The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on the Bureau of Land Management land described in paragraph (1) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(3) Effect.--Nothing in this subsection-- ``(A) authorizes the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(B) limits the authority of the Secretary to-- ``(i) impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals; or ``(ii) issue special permits; or ``(C) creates a preference for 1 recreational use for any area of the Bureau of Land Management land, without consideration of the stated purpose of the area.''. (c) National Wildlife Refuge System Land.--Section 4(d) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(d)) is amended by adding at the end the following: ``(5) Use and access of pack and saddle animals.-- ``(A) In general.--The Secretary shall manage System land in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on System land on which there is a historical tradition of the use of pack and saddle stock animals. ``(B) Use.-- ``(i) In general.--Except as provided in clause (ii), the System land described in subparagraph (A) shall remain open and accessible to the use of pack and saddle stock animals. ``(ii) Limitation.--The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on the System land described in subparagraph (A) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(C) Effect.--Nothing in this paragraph-- ``(i) authorizes the Secretary to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(ii) limits the authority of the Secretary to-- ``(I) impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals; or ``(II) issue special permits; or ``(iii) creates a preference for 1 recreational use for any unit of the System, without consideration of the stated purpose of the unit.''. (d) National Forest System Land.--The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.) is amended-- (1) by redesignating section 16 as section 17; and (2) by inserting after section 15 the following: ``SEC. 16. USE AND ACCESS OF PACK AND SADDLE ANIMALS. ``(a) In General.--The Secretary of Agriculture shall manage National Forest System land in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on National Forest System land (including wilderness areas, national monuments, and other specifically designated areas) on which there is a historical tradition of the use of pack and saddle stock animals. ``(b) Use.-- ``(1) In general.--Except as provided in paragraph (2), the National Park System land described in subsection (a) shall remain open and accessible to the use of pack and saddle stock animals. ``(2) Limitation.--The Secretary may implement a proposed reduction in the use and access of pack and saddle stock animals on the National Park System land described in subsection (a) after complying with the full review process required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). ``(c) Effect.--Nothing in this section-- ``(1) authorizes the Secretary of Agriculture to refuse to issue a permit for a new use of pack and saddle stock animals, including use by a commercial outfitter or guide, without complying with applicable resource management plans and planning processes required under this Act or any other Federal law; ``(2) limits the authority of the Secretary of Agriculture to-- ``(A) impose a temporary emergency closure of a trail, route, or area to pack and saddle stock animals; or ``(B) issue special permits; or ``(3) creates a preference for 1 recreational use for any unit of the National Forest System, without consideration of the stated purpose of the unit.''. (e) Issuance of Rules.--Not later than 120 days after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall issue final rules to define the term ``historical tradition of the use of pack and saddle stock animals'' for purposes of the amendments made by this section. | Right-to-Ride Livestock on Federal Land Act of 2005 - Directs the Secretary of the Interior to manage National Park System land in a manner that preserves and facilitates the continued use and access of pack and saddle stock animals on land where there is a historical tradition of using such animals. Requires such National Park System land to remain open and accessible to the use of such animals. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of such animals on such land after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public land as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management land; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System land and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System land (with the Secretary directed to act in this case being the Secretary of Agriculture). Directs the Secretaries of the Interior and Agriculture to issue final rules to define the term "historical tradition of use of pack and saddle stock animals" for purposes of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Pay Telephone Protection Act of 1998''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Some payphone service providers have increased the charge for the use of a coin-operated pay telephone for a local call to 35 cents but have not put into place a system for providing change to users of such telephones for amounts deposited in such telephones in excess of such charge. (2) Payphone service providers should charge pay telephone users only for the actual time of use of pay telephones. (3) Most consumers, if given a choice, would prefer that any amount of such excess deposits that are not refunded to consumers be used for pay telephones for public health, safety, and welfare purposes rather than have such excess deposits accrue to the financial benefit of payphone service providers. (4) There are approximately 2,000,000 pay telephones in the United States, and payphone service providers accrue substantial revenue at the expense of Americans who do not have the exact amount of the charge for their use. (5) A decision of the Federal Communications Commission to deregulate the provision of payphone service was premature and did not address adequately the need for local competition that would benefit users of pay telephones. (6) The decision of the Commission does not promote the widespread deployment of affordable payphone service that would benefit the general public, nor does the decision promote the widespread deployment of public interest telephones. (7) The use of coin-operated pay telephones represents an increasing commercial activity that substantially affects interstate commerce. (8) Public interest telephones should be maintained in each State and should be provided to promote the public safety, health, and welfare. (b) Purpose.--The purpose of this Act is-- (1) to require payphone service providers-- (A) to provide cash change to pay telephone users who deposit amounts for local telephone calls in excess of the amounts charged for such calls; or (B) in the event that such providers do not provide such change, to transfer amounts equal to such change to appropriate State entities for public interest purposes related to telephone service; (2) to encourage such changes in pay telephone technology as are needed to assure that payphone service providers-- (A) do not overcharge pay telephone users who do not have the exact amount of the charge for local pay telephone calls; and (B) do not charge pay telephone users for any time in which pay telephones are not actually in use; and (3) to require the Federal Trade Commission to determine-- (A) whether dysfunctions exist in the market for payphone service including locational monopolies in which the size of the market concerned results in the availability of payphone service from a single provider; and (B) whether rates for coin-operated pay telephones for local telephone calls are market based. SEC. 3. PUBLIC INTEREST PAY TELEPHONES. Section 276(b)(2) of the Communications Act of 1934 (47 U.S.C. 276(b)(2)) is amended to read as follows: ``(2) Public interest pay telephones.-- ``(A) Sense of congress.--It is the sense of Congress that-- ``(i) in the interest of the public health, safety, and welfare, public interest pay telephones should be available and maintained in locations where there would not otherwise likely be a pay telephone; and ``(ii) such public interest pay telephones should be fairly and equitably supported. ``(B) Use of funds.--In accordance with such regulations as the Commission shall prescribe, each State agency that receives amounts under subsection (c)(2)(A) shall use such amounts to promote or otherwise support the installation, maintenance, and use of public interest pay telephones, including specially designed payphones for the disabled and the provision of payphone service in remote locations, nursing homes, emergency homeless shelters, hospitals, facilities that assist the disabled, schools, and other appropriate locations determined by the State agency concerned.''. SEC. 4. REQUIREMENT FOR CHANGE AT PAY TELEPHONES. (a) Requirement.--Section 276 of the Communications Act of 1934 (47 U.S.C. 276), as amended by section 3 of this Act, is further amended-- (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and (2) by inserting after subsection (b) the following new subsection (c): ``(c) Change at Pay Telephones.-- ``(1) Requirement.-- ``(A) In general.--Except as provided in paragraph (2), a payphone service provider shall provide any individual using a pay telephone of such provider to make a telephone call described in subparagraph (B) an amount of cash change equal to the amount (if any) by which the amount deposited by the individual for the call exceeds the charge for the call. ``(B) Covered telephone calls.--Subparagraph (A) applies to any local telephone call the charge for which exceeds 10 cents. ``(2) Alternative use of excess collections.-- ``(A) Transfer.--In accordance with such regulations as the Commission shall prescribe, a payphone service provider may, in lieu of providing cash change under paragraph (1)-- ``(i) transfer any excess amounts collected by the provider at pay telephones to the State agency in the State in which the telephones are located that is responsible for the support of public interest pay telephones under subsection (b)(2); or ``(ii) if the State has no such agency by reason of a determination under subparagraph (B), transfer such excess amounts to the Commission for use under subparagraph (D). ``(B) State option.-- ``(i) State option.--The chief executive officer of each State may determine whether or not to permit the transfer of funds to an agency of such State under subparagraph (A). ``(ii) Revocation.--The chief executive officer of a State may revoke any previous decision with respect to the State under this subparagraph. ``(iii) Notice.--The chief executive officer of a State shall notify the Commission, in writing, of any determination or revocation of a determination under this subparagraph. ``(C) Use by states.-- ``(i) In general.--A State agency receiving amounts under subparagraph (A) shall utilize such amounts for purposes of promoting and supporting public interest pay telephones in the State under subsection (b)(2). ``(ii) Additional use.--In the event that amounts received by a State agency under subparagraph (A) exceed the amounts determined by the agency to be required to properly promote and support public interest pay telephones in the State, the agency shall utilize the excess amounts for purposes relating to providing universal service or improving telephone service in the State under section 254. ``(D) Use by commission.-- ``(i) Deposit.--The Commission shall deposit any amounts received by the Commission under subparagraph (A) in an account in the Treasury established for that purpose. ``(ii) Availability.--Under such regulations as the Commission shall prescribe, the Commission shall utilize amounts in the account under clause (i) to assist States that receive amounts under subparagraph (A) with additional assistance to promote and support public interest pay telephones under subsection (b)(2). ``(E) Notice to consumers.-- ``(i) In general.--In the event a payphone service provider decides to transfer excess amounts deposited at any given pay telephone under subparagraph (A) for purposes of supporting public interest pay telephones under subsection (b)(2), the provider shall post at such pay telephone a notice informing potential users of such pay telephone that any such excess amount shall not be returned as cash change or credit but shall be utilized for such purposes. ``(ii) Additional notice.--Nothing in clause (i) shall be interpreted to limit a State from requiring additional notices with respect to the matters set forth in that clause. ``(3) Regulations.-- ``(A) Requirement.--Not later than one year after the date of enactment of the Consumer Pay Telephone Protection Act of 1998, the Commission shall prescribe the regulations required under this subsection. ``(B) Additional elements.--The regulations shall-- ``(i) provide for the monitoring of the compliance of payphone service providers with the provisions of this subsection; ``(ii) ensure that such providers do not pass any costs relating to such compliance to consumers; and ``(iii) ensure that the implementation of such provisions do not result in any reduction in payphone service, including the imposition of time limits on local telephone calls or other reductions or limitations in such service. ``(C) Effective date.--The regulations shall provide that the provisions of the regulations take effect not earlier than 6 months after the date of the final issuance of the regulations and not later than 12 months after that date.''. (b) Study of Alternative Technologies.-- (1) In general.--Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall submit to Congress a report on the availability of technologies or systems that permit persons who do not have exact change to utilize pay telephones for local telephone calls without being overcharged for such calls. (2) Elements.--The report shall address the use of tokens, cash debit cards, systems for crediting the monthly telephone bills of individuals who use pay telephones, and such other technologies and systems as the Commission considers appropriate. SEC. 5. STUDY OF COMPETITIVENESS OF PAY TELEPHONE MARKET. (a) Study.-- (1) In general.--The Federal Trade Commission shall, in consultation with the Federal Communications Commission, carry out a study of competition in the market for intrastate payphone service, including-- (A) whether or not locational monopolies in such service exist by reason of the size of particular markets for such service; (B) whether or not potential users of such service are effectively barred from choice in such service in particular markets by reason of difficulties in identifying a variety of payphone service providers in such markets; (C) whether or not rates for local pay telephone calls are market-based; and (D) whether or not there is evidence of monopoly pricing in such service. (2) Scope of comment.--In carrying out the study, the Federal Trade Commission shall seek comment from a variety of sources, including State and local public entities, consumers and consumer representatives, and payphone service providers and their representatives. (b) Report.--Not later than one year after the date of enactment of this Act, the Federal Trade Commission shall submit to Congress a report on the results of the study carried out under subsection (a). The report shall include the findings of the Commission with respect to the matters set forth under paragraph (1) of that subsection. (c) Federal Communications Commission Action.--Notwithstanding any provision of the Communications Act of 1934 (47 U.S.C. 151 et seq.), the Federal Communications Commission may, as a result of the study under subsection (a), conduct a rule-making proceeding in order to accomplish any of the following: (1) To set limitations on rates for local pay telephone calls. (2) To permit the States to establish rates for such calls on a cost basis. (3) To set limitations on the commissions that payphone service providers may pay to persons who lease space to such providers for pay telephones. (4) To prohibit payphone service providers from entering into exclusive contracts with persons who lease space to such providers for pay telephones which contracts cover multiple locations. | Consumer Pay Telephone Protection Act of 1998 - Amends the Communications Act of 1934 to express the sense of the Congress that: (1) public interest pay telephones should be available and maintained in locations where there would not otherwise likely be a pay telephone; and (2) such telephones should be fairly and equitably supported. Directs each State agency that receives amounts representing unrefunded change from the use of public pay telephones to use such amounts to promote or support the installation, maintenance, and use of public interest pay telephones, including specially designed payphones for the disabled and the provision of payphone service in remote locations, nursing homes, emergency homeless shelters, hospitals, facilities that assist the disabled, schools, and other appropriate locations. Requires a payphone service provider to provide an individual using such payphone the amount of change which exceeds the actual cost of the call, applying such requirement to any local telephone call which exceeds ten cents. Authorizes such provider, in lieu of providing such change, to transfer all excess amounts collected to the appropriate State agency or the Federal Communications Commission (FCC) to promote and support public interest pay telephones. Directs the FCC to: (1) prescribe regulations to carry out such requirements; and (2) report to the Congress on the availability of technologies or systems that permit persons who do not have exact change to use pay telephones for local calls without being overcharged. Directs the Federal Trade Commission to study and report to the Congress on the competitiveness of the intrastate pay telephone market. Authorizes the FCC, after such study, to: (1) limit the rates for local pay telephone calls; (2) allow the States to establish such rates on a cost basis; (3) limit commissions that providers pay to persons who lease space to such providers for pay telephones; or (4) prohibit providers from entering into exclusive lease contracts which cover multiple locations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Helping Homeless Veterans Act of 2013''. SEC. 2. EXPANSION OF DEFINITION OF HOMELESS VETERAN FOR PURPOSES OF BENEFITS UNDER THE LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS. Section 2002(1) of title 38, United States Code, is amended by striking ``in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a))'' and inserting ``in subsection (a) or (b) of section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)''. SEC. 3. IMPROVEMENTS TO GRANT PROGRAM FOR COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. (a) Modification of Authority To Provide Capital Improvement Grants for Programs That Assist Homeless Veterans.--Subsection (a) of section 2011 of title 38, United States Code, is amended, in the matter before paragraph (1)-- (1) by striking ``or modifying'' and inserting ``, modifying, or maintaining''; and (2) by inserting ``privately, safely, and securely,'' before ``the following''. (b) Requirement That Recipients of Grants Meet Physical Privacy, Safety, and Security Needs of Homeless Veterans.--Subsection (f) of such section is amended by adding at the end the following new paragraph: ``(6) To meet the physical privacy, safety, and security needs of homeless veterans receiving services through the project.''. SEC. 4. INCREASED PER DIEM PAYMENTS FOR TRANSITIONAL HOUSING ASSISTANCE THAT BECOMES PERMANENT HOUSING FOR HOMELESS VETERANS. Section 2012(a)(2) of title 38, United States Code, is amended-- (1) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; (2) in subparagraph (C), as redesignated, by striking ``in subparagraph (D)'' and inserting ``in subparagraph (E)''; (3) in subparagraph (D), as redesignated, by striking ``under subparagraph (B)'' and inserting ``under subparagraph (C)''; (4) in subparagraph (E), as redesignated, by striking ``in subparagraphs (B) and (C)'' and inserting ``in subparagraphs (C) and (D)''; and (5) in subparagraph (A)-- (A) by striking ``The rate'' and inserting ``Except as otherwise provided in subparagraph (B), the rate''; and (B) by striking ``under subparagraph (B)'' and all that follows through the end and inserting the following: ``under subparagraph (C). ``(B)(i) Except as provided in clause (ii), in no case may the rate determined under this paragraph exceed the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section. ``(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of the rate described in clause (i).''. SEC. 5. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPENDENTS OF CERTAIN HOMELESS VETERANS. Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: ``(4) Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient (or entity).''. SEC. 6. REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS TO ASSESS COMPREHENSIVE SERVICE PROGRAMS FOR HOMELESS VETERANS. (a) In General.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall assess and measure the capacity of programs for which entities receive grants under section 2011 of title 38, United States Code, or per diem payments under section 2012 or 2061 of such title. (b) Assessment at National and Local Levels.--In assessing and measuring under subsection (a), the Secretary shall develop and use tools to examine the capacity of programs described in such subsection at both the national and local level in order to assess the following: (1) Whether sufficient capacity exists to meet the needs of homeless veterans in each geographic area. (2) Whether existing capacity meets the needs of the subpopulations of homeless veterans located in each geographic area. (3) The amount of capacity that recipients of grants under sections 2011 and 2061 and per diem payments under section 2012 of such title have to provide services for which the recipients are eligible to receive per diem under section 2012(a)(2)(B)(ii) of title 38, United States Code, as added by section 4(5)(B). (c) Use of Information.--The Secretary shall use the information collected under this section as follows: (1) To set specific goals to ensure that programs described in subsection (a) are effectively serving the needs of homeless veterans. (2) To assess whether programs described in subsection (a) are meeting goals set under paragraph (1). (3) To inform funding allocations for programs described in subsection (a). (4) To improve the referral of homeless veterans to programs described in subsection (a). (d) Report.--Not later than 180 days after the date on which the assessment required by subsection (b) is completed, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on such assessment and such recommendations for legislative and administrative action as the Secretary may have to improve the programs and per diem payments described in subsection (a). SEC. 7. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. (a) In General.--Section 2062(b) of title 38, United States Code, is amended to read as follows: ``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran who-- ``(A) is enrolled for care under section 1705(a) of this title; and ``(B) for a period of 60 consecutive days, is receiving-- ``(i) assistance under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)); or ``(ii) care (directly or by contract) in any of the following settings: ``(I) A domiciliary under section 1710 of this title. ``(II) A therapeutic residence under section 2032 of this title. ``(III) Community residential care coordinated by the Secretary under section 1730 of this title. ``(IV) A setting for which the Secretary provides funds for a grant and per diem provider. ``(V) A setting-- ``(aa) in which the veteran is receiving transitional housing assistance; ``(bb) for which funding is not provided for transitional housing assistance under the laws administered by the Secretary; ``(cc) for which the Secretary receives verification from the provider of care that the veteran is receiving care for a period of 60 consecutive days; and ``(dd) from which the Secretary determines that the veteran cannot reasonably access comparable dental services at no cost and in a reasonable period of time. ``(2) For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is one year after the date of the enactment of this Act. SEC. 8. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF HOMELESSNESS. (a) In General.--Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section: ``Sec. 2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness ``(a) Partnerships Authorized.--Subject to the availability of funds for that purpose, the Secretary may enter into partnerships with public or private entities to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness. ``(b) Locations.--The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities, tribal lands of the United States, Native Americans, and tribal organizations (as defined in section 3765 of title 38, United States Code). ``(c) Legal Services.--Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows: ``(1) Legal services related to housing, including eviction defense and representation in landlord-tenant cases. ``(2) Legal services related to family law, including assistance in court proceedings for child support, divorce, and estate planning. ``(3) Legal services related to income support, including assistance in obtaining public benefits. ``(4) Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing. ``(d) Consultation.--In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities-- ``(1) for assistance in identifying and contacting organizations capable of providing the legal services described in subsection (c); and ``(2) to coordinate appropriate outreach relationships with such organizations. ``(e) Reports.--The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships. ``(f) Sunset.--The authority of the Secretary to enter into partnerships under this section as described in subsection (a) shall expire on December 31, 2016.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item: ``2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness.''. SEC. 9. REQUESTS FOR DATA TO EVALUATE AND IMPROVE SERVICES PROVIDED TO VETERANS AT RISK OF HOMELESSNESS. Section 2022 of title 38, United States Code, is amended-- (1) by redesignating subsection (f) as subsection (g); (2) by inserting after subsection (e) the following new subsection (f): ``(f) Requests for Data To Evaluate and Improve Services Provided to Veterans at Risk of Homelessness.--(1) The Secretary shall from time to time request from the Federal Bureau of Investigation, the Bureau of Prisons, the Bureau of Justice Statistics, and other appropriate Federal law enforcement agencies data in the possession of such agencies useful for the evaluation and improvement of the services provided to veterans at risk of homelessness under this section and section 2023 of this title. ``(2) Such agencies shall make reasonable efforts to comply with any such request by the Secretary.''. SEC. 10. EXTENSION OF AUTHORITY FOR PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK OF HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. Section 2023 of title 38, United States Code, is amended-- (1) by striking subsection (b); (2) in subsection (c)(1), by striking ``To the extent practicable, the program'' and inserting ``The program''; (3) in subsection (d), by striking ``September 30, 2014'' and inserting ``September 30, 2017''; (4) in subsection (e)(2), by striking ``provided under the demonstration program''; and (5) by redesignating subsections (c), (d), and (e) as subsections (b), (c), and (d), respectively. SEC. 11. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO HOMELESS VETERANS. (a) In General.--Section 2065 of title 38, United States Code, is hereby repealed. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2065. SEC. 12. EXTENSIONS OF AUTHORITIES. (a) Treatment and Rehabilitation for Seriously Mentally Ill and Homeless Veterans.--Section 2031(b) of title 38, United States Code, is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (b) Centers for the Provision of Comprehensive Services to Homeless Veterans.--Section 2033(d) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (c) Housing Assistance for Homeless Veterans.--Section 2041(c) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. (d) Training Entities for Provision of Supportive Services for Very Low-income Veteran Families in Permanent Housing.--Section 2044(e)(3) of such title is amended by striking ``2012'' and inserting ``2014''. (e) Technical Assistance Grants for Nonprofit Community-Based Groups.--Section 2064(b) of such title is amended by striking ``2012'' and inserting ``2014''. (f) Advisory Committee on Homeless Veterans.--Section 2066(d) of such title is amended by striking ``December 31, 2013'' and inserting ``December 31, 2014''. SEC. 13. EXTENSION OF REDUCED PENSION FOR CERTAIN VETERANS COVERED BY MEDICAID PLANS FOR SERVICES FURNISHED BY NURSING FACILITIES. (a) In General.--Subsection (d)(7) of section 5503 of title 38, United States Code, is amended by striking ``November 30, 2016'' and inserting ``August 31, 2017''. (b) Clerical Amendments.-- (1) Section heading.--The section heading of such section is amended to read as follows: ``Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care''. (2) Table of sections.--The table of sections at the beginning of chapter 55 of such title is amended by striking the item relating to section 5503 and inserting the following new item: ``5503. Reduced pension for certain hospitalized veterans and certain veterans receiving domiciliary, nursing home, or nursing facility care.''. Passed the Senate November 6, 2013. Attest: NANCY ERICKSON, Secretary. | Helping Homeless Veterans Act of 2013 - (Sec. 2) Includes as a homeless veteran, for purposes of eligibility for benefits through the Department of Veterans Affairs (VA), a veteran or veteran's family fleeing domestic or dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions in the current housing situation, including where the health and safety of children are jeopardized, there is no other residence, and there is a lack of resources or support networks to obtain other permanent housing. (Sec. 3) Requires public or private nonprofit entities that receive grants under the VA comprehensive service programs for homeless veterans to agree to meet the physical privacy, safety, and security needs of such veterans. (Sec. 4) Increases the per diem payment for transitional housing assistance for homeless veterans who are placed in housing that will become permanent upon the termination of such assistance to a maximum of 150% of the per diem rate authorized for veterans receiving domiciliary care in state homes. (Sec. 5) Allows services for which a homeless veteran receives a grant under the comprehensive service programs to include furnishing care for a dependent. (Sec. 6) Directs the Secretary of Veterans Affairs to: (1) assess and measure the capacity of programs for which entities receive grants or per diem payments to assist homeless veterans, and (2) use such information to ensure that such programs effectively serve the needs of such veterans. Requires the Secretary to report to the congressional veterans committees on such assessment. (Sec. 7) Revises VA authority to provide dental care to veterans receiving certain other assistance through the VA to include those veterans: (1) receiving supportive housing assistance under the United States Housing Act of 1937 for at least 60 consecutive days, or (2) residing in non-VA transitional housing for at least 60 days from which the veteran cannot reasonably access comparable dental services at no cost. (Sec. 8) Authorizes the Secretary (until December 31, 2016) to enter into partnerships with public or private entities to fund a portion of general legal services provided to homeless veterans and veterans at risk of homelessness. Requires the partnerships to be equitably distributed across the United States and to include rural communities, tribal lands and organizations, and Native Americans. Allows the Secretary to require such partnerships to submit periodic reports to the Secretary on the legal services provided. (Sec. 9) Directs the Secretary to periodically request from the Federal Bureau of Investigation (FBI), the Bureau of Prisons, the Bureau of Justice Statistics, and other appropriate federal law enforcement agencies data useful for the evaluation and improvement of the services provided to veterans at risk of homelessness. (Sec. 10) Extends through FY2017 the authority of the Secretary and the Secretary of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions. Repeals the requirement that such program be carried out in least 12 locations. (Sec. 11) Repeals a required annual report from the Secretary to the veterans committees on VA activities under homeless veterans assistance programs. (Sec. 12) Extends various VA authorities and programs affecting such veterans, including: (1) treatment and rehabilitation for seriously mentally ill and homeless veterans, housing assistance for homeless veterans, and the Advisory Committee on Homeless Veterans through 2014; and (2) supportive services for very low-income veteran families residing in permanent housing through FY2014. (Sec. 13) Extends from November 30, 2016, through August 31, 2017, the requirement of a reduced pension ($90 per month) for veterans (with neither spouse nor child) or surviving spouses (with no child) covered by Medicaid plans under title XIX of the Social Security Act for services furnished by nursing facilities. |
SECTION 1. PERMANENT EXTENSION OF RESEARCH CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by striking subsection (h). (b) Conforming Amendment.--Section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (c) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after June 30, 1998. SEC. 2. IMPROVED ALTERNATIVE INCREMENTAL CREDIT. (a) In General.--Section 41 of the Internal Revenue Code of 1986 (as amended by section 1 of this Act) is amended by adding at the end of the following new subsection: ``(h) Election of Alternative Incremental Credit.-- ``(1) In general.--At the election of the taxpayer, the credit under subsection (a)(1) shall be determined under this subsection by taking into account the modifications provided by this subsection. ``(2) Determination of base amount.-- ``(A) In general.--In computing the base amount under subsection (c)-- ``(i) notwithstanding subsection (c)(3), the fixed-base percentage shall be equal to 85 percent of the percentage which the aggregate qualified research expenses of the taxpayer for the base period is of the aggregate gross receipts of the taxpayer for the base period, and ``(ii) the minimum base amount under subsection (c)(2) shall not apply. ``(B) Start-up and small taxpayer.--In computing the base amount under subsection (c), the gross receipts of a taxpayer for any taxable year in the base period shall be treated as at least equal to $1,000,000. ``(C) Base period.--For purposes of this subsection, the base period is the 8-taxable year period preceding the taxable year (or, if shorter, the period the taxpayer (and any predecessor) has been in existence). ``(3) Qualified research.-- ``(A) In general.--Notwithstanding subsection (d), the term `qualified research' means research with respect to which expenditures are treated as research and development costs for the purposes of a report or statement concerning such taxable year-- ``(i) to shareholders, partners, or other proprietors, or to beneficiaries, or ``(ii) for credit purposes. Such term shall not include any research described in subparagraph (F) or (H) of subsection (d)(4). ``(B) Financial accounting standards.-- ``(i) In general.--Subparagarph (A) shall only apply to the extent that the treatment of expenditures as research and development costs is consistent with the Statement of Financial Standards No. 2 Accounting for Research and Development Costs. ``(ii) Significant changes.--If the Secretary determines that there is any significant change in the accounting standards described in clause (i) after the date of enactment of this subsection-- ``(I) the Secretary shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate of such change, and ``(II) such change shall not be taken into account for any taxable year beginning before the date which is 1 year after the date of notice under subclause (I). ``(C) Transition rule.--At the election of the taxpayer, this paragraph shall not apply in computing the base amount for any taxable year in the base period beginning before January 1, 1999. ``(4) Election.--An election under this subsection shall apply to the taxable year for which made and all succeeding taxable year unless revoked with the consent of the Secretary.'' (b) Assistance of Small and Start-Up Businesses.--The Secretary of the Treasury of his delegate shall take such actions as are appropriate to-- (1) provide assistance to small and start-up businesses in complying with the requirements of section 41 of the Internal Revenue Code of 1986, and (2) reduce the costs of such compliance. (c) Conforming Amendment.--Section 41(c) of the Internal Revenue Code of 1986 is amended by striking paragraph (4) and redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. MODIFICATIONS TO CREDIT FOR BASIC RESEARCH. (a) Elimination of Incremental Requirement.-- (1) In general.--Paragraph (1) of section 41(e) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--The amount of basic research payments taken into account under subsection (a)(2) shall be determined in accordance with this subsection.'' (2) Conforming amendments.-- (A) Section 41(a)(2) of such Code is amended by striking ``determined under subsection (e)(1)(A)'' and inserting ``for the taxable year''. (B) Section 41(e) of such Code is amended by striking paragraphs (3), (4), and (5) and by redesignating paragraphs (6) and (7) as paragraphs (3) and (4), respectively. (C) Section 41(e)(4) of such Code (as redesignated) is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (D) Clause (i) of section 170(e)(4)(B) of such Code is amended by striking ``section 41(e)(6)'' and inserting ``section 41(e)(3)''. (b) Basic Research.-- (1) Specific commercial objective.--Section 41(e)(4) of the Internal Revenue Code of 1986 relating to definitions and special rules) is amended by adding at the end the following new subparagraph: ``(F) Specific commercial objective.--For purposes of subparagraph (A), research shall not be treated as having a specific commercial objective if all results of such research are to be published in such a manner as to be available to the general public prior to their use for a commercial purpose.'' (2) Exclusions from basic research.--Section 41(e)(4)(A) of the Internal Revenue Code of 1986 (as redesignated by subsection (a)) is amended by striking clause (ii) and inserting the following: ``(ii) basic research in the arts or humanities.'' (c) Expansion of Credit to Research at Federal Laboratories.-- Section 41(e)(3) of the Internal Revenue Code of 1986 (as redesignated by subsection (a)(2)(C) of this section) is amended by adding at the end the following new subparagraph: ``(E) Federal laboratories.--Any organization which is a federal laboratory within the meaning of that term is section 4(6) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703(6)).'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 4. CREDIT FOR EXPENSES ATTRIBUTABLE TO CERTAIN COLLABORATIVE RESEARCH CONSORTIA. (a) Credit for Expenses Attributable to Certain Collaborative Research Consortia.--Subsection (a) of section 41 of the Internal Revenue Code of 1986 (relating to credit for increasing research activities) is amended by-- (1) striking ``and'' at the end of paragraph (1); (2) striking the period at the end of paragraph (2) and inserting ``, and ''; and (3) adding at the end the following new paragraph: ``(3) 20 percent of the amounts paid or incurred during the taxable year (including as contributions) to a qualified research consortium.'' (b) Qualified Research Consortium Defined.--Subsection (f) of such Code is amended by adding at the end the following new paragraph: ``(6) Qualified research consortium.--The term `qualified research consortium' means any organization which-- ``(A) is described in section 501(c)(3) and is exempt from tax under section 501(a), ``(B) is organized and operated primarily to conduct scientific or engineering research, ``(C) is not a private foundation, ``(D) to which at least 15 unrelated persons paid or incurred (including as contributions), during the calendar year in which the taxable year of the organization begins, amounts to such organization for scientific or engineering research, ``(E) to which no 3 unrelated persons paid or incurred (including as contributions) during such calendar year more than 50 percent of the total amounts received by such organization during such calendar year for scientific or engineering research, and ``(F) to which no single person paid or incurred (including as contributions) more than 25 percent of such total amounts. All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as related persons for purposes of subparagraphs (D) and (E), and as a single person for purposes of subparagraph (F).'' (c) Conforming Amendment.--Paragraph (3) of section 41(b) of such Code is amended by striking subparagraph (C). (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. | Amends the Internal Revenue Code to permanently extend the credit for increasing research activities. Permits the election of an alternative incremental credit. Modifies the credit with respect to basic research. Allows the credit for expenses attributable to a qualified research consortium (as defined). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Brazil Joint Commission on Commerce and Trade Act''. SEC. 2. PURPOSE. The purpose of this Act is to establish the United States-Brazil Joint Commission on Commerce and Trade to address bilateral trade matters, seek removal of trade barriers, and promote commercial opportunities, between the United States and Brazil. SEC. 3. UNITED STATES-BRAZIL JOINT COMMISSION ON COMMERCE AND TRADE. (a) Establishment of United States-Brazil Joint Commission on Commerce and Trade.-- (1) In general.--There is established a commission to be known as the United States-Brazil Joint Commission on Commerce and Trade (in this section referred to as the ``Commission''). (2) Purpose.--The purpose of the Commission is to improve the bilateral trade and economic relationship between the United States and Brazil by establishing high level reviews of barriers to trade between the two countries, to promote commercial opportunities between the United States and Brazil, and to facilitate the dialogue necessary to examine the mutual benefits of free trade. (3) Membership of commission.-- (A) Composition.--The Commission shall be composed of 16 members. The composition of the Commission shall be divided equally between the United States Government and the Republic of Brazil. United States Commissioners shall be appointed as follows: (i) Two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the majority leader of the Senate, after consultation with the Chairman of the Committee on Finance and the Chairman of the Committee on Foreign Relations of the Senate. (ii) Two persons shall be appointed by the President pro tempore of the Senate upon the recommendation of the minority leader of the Senate, after consultation with the ranking minority member of the Committee on Finance and the ranking minority member of the Committee on Foreign Relations of the Senate. (iii) Two persons shall be appointed by the Speaker of the House of Representatives, after consultation with the Chairman of the Committee on Ways and Means and the Chairman of the Committee on Foreign Affairs of the House of Representatives. (iv) Two persons shall be appointed by the minority leader of the House of Representatives, after consultation with the ranking minority member of the Committee on Ways and Means and the ranking minority member of the Committee on Foreign Affairs of the House of Representatives. (B) Qualifications.--Individuals appointed to the Commission shall be individuals who have expertise in international trade matters and United States-Brazil relations. (4) Period of appointment; vacancies.-- (A) In general.--Members of the Commission shall be appointed to 2-year terms. (B) Staggering of terms.--Each appointing authority referred to under clauses (i) through (iv) of paragraph (3)(A) shall-- (i) make the appointments on a staggered term basis, so that of the members initially appointed-- (I) 1 of the 2 appointments shall be for a term expiring on December 31, 2014; and (II) the other appointment shall be for a term expiring on December 31, 2015; and (ii) make the appointments not later than 30 days after the date on which each new Congress convenes. (C) Reappointment.--Members of the Commission may be reappointed for additional terms of service as members of the Commission. (D) Vacancies.--Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (5) Chairmen.--The members of the Commission shall select co-Chairmen, one from the United States and one from Brazil. (6) Meetings.--The Commission shall meet at the call of the Chairmen. (A) Initial meeting.--Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (B) Subsequent meetings.--The Commission shall meet at the call of the Chairmen of the Commission, with the responsibility of chairing proceedings alternating between the United States and Brazil. (C) Quorum.--A majority of the members of the Commission shall constitute a quorum for the transaction of business of the Commission. (7) Voting.--Each member of the Commission shall be entitled to one vote, which shall be equal to the vote of every other member of the Commission. (b) Duties.--Not later than December 1 of each year (beginning in 2014), the Commission shall submit to the United States Congress and the National Congress of Brazil a report regarding the status and economic impact of trade relations between the United States and Brazil. The report shall include a full analysis, along with conclusions and recommendations for legislative and administrative actions, if any, concerning barriers to trade and the enhancement of economic ties. (c) Hearings.-- (1) In general.--The Commission or, at its direction, any panel or member of the Commission, may for the purpose of carrying out the provisions of this section, hold hearings, sit and act at times and places, take testimony, receive evidence, and administer oaths to the extent that the Commission or such panel or member considers advisable. (2) Information.--The Commission may secure directly from any Federal department or agency information that the Commission considers necessary to enable the Commission to carry out its duties under this section, unless that information is deemed to contain sensitive national intelligence information or is otherwise subject to rules concerning state secrets. (d) Commission Personnel Matters.-- (1) Compensation of members.--United States Members of the Commission shall be compensated in the same manner provided for the compensation of members of the Trade Deficit Review Commission under subsections (g)(1) and (g)(6) of section 127 of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note). (2) Travel expenses.--Travel expenses of the United States Commissioners shall be allowed in the same manner provided for the allowance of the travel expenses of the Trade Deficit Review Commission under section 127(g)(2) of the Trade Deficit Review Commission Act. (3) Staff.--An executive director and other additional personnel for the Commission shall be appointed, compensated, and terminated in the same manner provided for the appointment, compensation, and termination of the executive director and other personnel of the Trade Deficit Review Commission under section 127(g)(3) and section 127(g)(6) of the Trade Deficit Review Commission Act. The executive director and any personnel who are employees of the United States-Brazil Joint Commission on Commerce and Trade shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (4) Detail of government employees.--Federal Government employees may be detailed to the Commission in the same manner provided for the detail of Federal Government employees to the Trade Deficit Review Commission under section 127(g)(4) of the Trade Deficit Review Commission Act. (5) Assignment of personnel by the government of brazil.-- The Commission shall work with the Government of Brazil to secure the appropriate expertise to carry out its work, including through the assignment to the Commission of staff officials selected by the Government of Brazil and the temporary or ongoing employment of Brazilian nationals. (6) Foreign travel for official purposes.--Foreign travel for official purposes by Commissioners to and from official proceedings may be authorized by the Chairmen of the Commission. Travel by the staff of the Commission for official purposes may be authorized by the Chairmen of the Commission only when necessary to carry out essential activities that could not otherwise be conducted using alternative means. (7) Procurement of temporary and intermittent services.-- The Chairmen of the Commission may procure temporary and intermittent services for the Commission in the same manner provided for the procurement of temporary and intermittent services for the Trade Deficit Review Commission under section 127(g)(5) of the Trade Deficit Review Commission Act. (8) Privately funded travel.--The Chairmen of the Commission may authorize privately funded travel by members and staff of the Commission for activities related to the duties of the Commission. The Commission shall disclose to the public, not later than 60 days after the privately funded travel occurs, the source of the funding, together with the itinerary of the activities of members and staff of the Commission participating in the privately funded travel. (e) Assistance in Performing Duties.--The President of the United States shall provide for the transfer to the Commission of such staff, materials, and infrastructure (including leased premises) of Federal departments and agencies as the President considers necessary to assist the Commission in carrying out its duties. (f) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to the Commission for fiscal year 2013, and for each fiscal year thereafter, such sums as may be necessary to enable the Commission to carry out its duties under this section. (2) Availability.--Amounts appropriated to the Commission pursuant to this subsection shall remain available until expended. | United States-Brazil Joint Commission on Commerce and Trade Act - Establishes the United States-Brazil Joint Commission on Commerce and Trade to address bilateral trade matters, seek removal of trade barriers, and promote commercial opportunities between the United States and Brazil. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Do-Not-Call Registry Fee Extension Act of 2007''. SEC. 2. FEES FOR ACCESS TO REGISTRY. Section 2, of the Do-Not-Call Implementation Act (15 U.S.C. 6101 note) is amended to read as follows: ``SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES. ``(a) In General.--The Federal Trade Commission shall assess and collect an annual fee pursuant to this section in order to implement and enforce the `do-not-call' registry as provided for in section 310.4(b)(1)(iii) of title 16, Code of Federal Regulations, or any other regulation issued by the Commission under section 3 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102). ``(b) Annual Fees.-- ``(1) In general.--The Commission shall charge each person who accesses the `do-not-call' registry an annual fee that is equal to the lesser of-- ``(A) $54 for each area code of data accessed from the registry; or ``(B) $14,850 for access to every area code of data contained in the registry. ``(2) Exception.--The Commission shall not charge a fee to any person-- ``(A) for accessing the first 5 area codes of data; or ``(B) for accessing area codes of data in the registry if the person is permitted to access, but is not required to access, the `do-not-call' registry under section 310 of title 16, Code of Federal Regulations, section 64.1200 of title 47, Code of Federal Regulations, or any other Federal regulation or law. ``(3) Duration of access.-- ``(A) In general.--The Commission shall allow each person who pays the annual fee described in paragraph (1), each person excepted under paragraph (2) from paying the annual fee, and each person excepted from paying an annual fee under section 310.4(b)(1)(iii)(B) of title 16, Code of Federal Regulations, to access the area codes of data in the `do-not-call' registry for which the person has paid during that person's annual period. ``(B) Annual period.--In this paragraph, the term `annual period' means the 12-month period beginning on the first day of the month in which a person pays the fee described in paragraph (1). ``(c) Additional Fees.-- ``(1) In general.--The Commission shall charge a person required to pay an annual fee under subsection (b) an additional fee for each additional area code of data the person wishes to access during that person's annual period. ``(2) Rates.--For each additional area code of data to be accessed during the person's annual period, the Commission shall charge-- ``(A) $54 for access to such data if access to the area code of data is first requested during the first 6 months of the person's annual period; or ``(B) $27 for access to such data if access to the area code of data is first requested after the first 6 months of the person's annual period. ``(d) Adjustment of Fees.-- ``(1) In general.-- ``(A) Fiscal year 2009.--The dollar amount described in subsection (b) or (c) is the amount to be charged for fiscal year 2009. ``(B) Fiscal years after 2009.--For each fiscal year beginning after fiscal year 2009, each dollar amount in subsection (b)(1) and (c)(2) shall be increased by an amount equal to-- ``(i) the dollar amount in paragraph (b)(1) or (c)(2), whichever is applicable, multiplied by ``(ii) the percentage (if any) by which the CPI for the most recently ended 12-month period ending on June 30 exceeds the baseline CPI. ``(2) Rounding.--Any increase under subparagraph (B) shall be rounded to the nearest dollar. ``(3) Changes less than 1 percent.--The Commission shall not adjust the fees under this section if the change in the CPI is less than 1 percent. ``(4) Publication.--Not later than September 1 of each year the Commission shall publish in the Federal Register the adjustments to the applicable fees, if any, made under this subsection. ``(5) Definitions.--In this subsection: ``(A) CPI.--The term `CPI' means the average of the monthly consumer price index (for all urban consumers published by the Department of Labor). ``(B) Baseline CPI.--The term `baseline CPI' means the CPI for the 12-month period ending June 30, 2008. ``(e) Prohibition Against Fee Sharing.--No person may enter into or participate in an arrangement (as such term is used in section 310.8(c) of the Commission's regulations (16 C.F.R. 310.8(c))) to share any fee required by subsection (b) or (c), including any arrangement to divide the costs to access the registry among various clients of a telemarketer or service provider. ``(f) Handling of Fees.-- ``(1) In general.--The Commission shall deposit and credit as offsetting collections any fee collected under this section in the account `Federal Trade Commission--Salaries and Expenses', and such sums shall remain available until expended. ``(2) Limitation.--No amount shall be collected as a fee under this section for any fiscal year except to the extent provided in advance by appropriations Acts.''. SEC. 3. REPORT. Section 4 of the Do-Not-Call Implementation Act (15 U.S.C. 6101 note) is amended to read as follows: ``SEC. 4. REPORTING REQUIREMENTS. ``(a) Biennial Reports.--Not later than December 31, 2009, and biennially thereafter, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that includes-- ``(1) the number of consumers who have placed their telephone numbers on the registry; ``(2) the number of persons paying fees for access to the registry and the amount of such fees; ``(3) the impact on the `do-not-call' registry of-- ``(A) the 5-year reregistration requirement; ``(B) new telecommunications technology; and ``(C) number portability and abandoned telephone numbers; and ``(4) the impact of the established business relationship exception on businesses and consumers. ``(b) Additional Report.--Not later than December 31, 2009, the Federal Trade Commission, in consultation with the Federal Communications Commission, shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce that includes-- ``(1) the effectiveness of do-not-call outreach and enforcement efforts with regard to senior citizens and immigrant communities; ``(2) the impact of the exceptions to the do-not-call registry on businesses and consumers, including an analysis of the effectiveness of the registry and consumer perceptions of the registry's effectiveness; and ``(3) the impact of abandoned calls made by predictive dialing devices on do-not-call enforcement.''. SEC. 4. RULEMAKING. The Federal Trade Commission may issue rules, in accordance with section 553 of title 5, United States Code, as necessary and appropriate to carry out the amendments to the Do-Not-Call Implementation Act (15 U.S.C. 6101 note) made by this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Do-Not-Call Registry Fee Extension Act of 2007 - (Sec. 2) Amends the Do-Not-Call Implementation Act to replace provisions relating to fees regarding the "do-not-call" registry of the Telemarketing Sales Rule with provisions requiring the Federal Trade Commission (FTC) to collect an annual fee to implement and enforce the registry or any other regulation issued by the FTC under specified provisions of the Telemarketing and Consumer Fraud and Abuse Prevention Act. Sets the fee amount per area code accessed, subject to a maximum amount, and indexes the amount to inflation. Prohibits any arrangement to divide the fee among various clients of a telemarketer or service provider. (Sec. 3) Replaces current reporting requirements with provisions requiring the FTC to report biennially to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. Requires an additional, one-time FTC report to those committees on the effectiveness of do-not-call outreach and enforcement efforts to senior citizens and immigrant communities, the impact of the exceptions to the do-not-call registry on businesses and consumers, and the impact on do-not-call enforcement of abandoned calls made by predictive dialing devices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Passenger Vessel Development Act''. SEC. 2. PURPOSE. The purpose of this Act is to promote construction and operation of United States flag passenger vessels in the United States. SEC. 3. INTERIM COASTWISE PASSENGER TRADE ENDORSEMENT. (a) Endorsement Authorized.--Chapter 121 of title 46, United States Code, is amended by inserting after section 12112 the following new section: ``Sec. 12113. Interim coastwise passenger trade endorsement ``(a) Before December 31, 2000, a certificate of documentation for a passenger vessel may be endorsed with an interim coastwise passenger trade endorsement, if the vessel is-- ``(1) eligible for documentation under section 12102; ``(2) owned by, or demise chartered for at least 18 months to, a citizen of the United States for purposes of issuing a certificate of documentation with an interim coastwise passenger trade endorsement under section 2(e) of the Shipping Act, 1916 (46 App. U.S.C. 802(e)); ``(3) at least 250 gross tons (as measured under chapter 143 of this title) and has at least 175 berths; and ``(4) not a ferry. ``(b) As a condition of issuing an interim coastwise passenger trade endorsement for a vessel, the Secretary shall require the owner or charterer of the vessel to enter into one or more contracts for the construction in the United States of one or more vessels having a total berthing capacity that is at least 80 percent of the capacity of the vessel for which the endorsement is issued. ``(c) A vessel with a certificate of documentation with an interim coastwise passenger trade endorsement may be employed in the coastwise trade in the carriage of passengers. ``(d) On termination of a demise charter required under subsection (a)(2)(B) for a vessel, an interim coastwise passenger trade endorsement for the vessel may be continued for a period not to exceed 6 months on any terms and conditions that the Secretary of Transportation may prescribe. ``(e)(1) An interim coastwise passenger trade endorsement issued for a vessel under subsection (a) expires-- ``(A) on the date that is 12 months after the date of issuance of the endorsement, if the owner or demise charter of the vessel fails to submit to the Secretary before the end of that 12-month period a letter that-- ``(i) states the interest of the owner or demise charter, respectively, and a representative of a shipyard in the United States to enter into a contract for the construction in the shipyard of at least one passenger vessel that has a total berthing capacity that is at least equivalent to 80 percent of the berthing capacity of the vessel for which the endorsement is issued; and ``(ii) is signed by the owner or demise charterer, respectively, and the representative; ``(B) on the date that is 24 months after the date of issuance of the endorsement, if the owner or demise charterer of the vessel does not enter into a contract before the end of that 24-month period for the construction in the United States of one or more passenger vessels described in subparagraph (A)(i); ``(C) on the date that is 3 years after the date of issuance of the endorsement, if construction of such a vessel under the contract is not begun before the end of that 3-year period; and ``(D) on the date that is 180 days after the date of delivery of a vessel for which construction is completed pursuant to the contract. ``(2) The Secretary may extend the period applicable under paragraph (1)(B) or (C), or both, for not more than 6 months. ``(f) An interim coastwise passenger trade endorsement for a vessel shall prohibit the operation of the vessel in any trade that is served by another passenger vessel of at least 250 gross tons and having at least 175 berths that is documented under section 12106 of this title, unless the owner or charterer of the vessel so operated is also the owner of the other vessel having the endorsement. ``(g) Except as provided in this section, section 2113(b) of this title, or section 2(e) or 9(e) of the Shipping Act, 1916, a vessel with an interim coastwise passenger trade endorsement shall comply with all requirements applicable to a comparable passenger vessel that is otherwise documented under the laws of the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 121 of title 46, United States Code, is amended by inserting after the item relating to section 12112 the following: ``12113. Interim coastwise trade endorsement.''. (c) Notice to Secretary of Reflagging.--Section 9 of the Shipping Act, 1916 (46 App. U.S.C. 808) is amended-- (1) in subsection (c) by inserting ``subsection (e),'' after ``Except as provided in''; and (2) by adding at the end the following: ``(e) Notwithstanding subsection (c), a person may place under a foreign registry or operate under the authority of a foreign country, without approval of the Secretary of Transportation, any vessel with an interim coastwise passenger trade endorsement under section 12113 of title 46, United States Code, if the person notifies the Secretary of that action-- ``(1) before the 60-day period ending on the date that action is taken; and ``(2) within 12 months after-- ``(A) the issuance of the interim coastwise passenger trade endorsement, or ``(B) the beginning of construction of the replacement vessels required for that issuance under section 12113 of title 46, United States Code.''. SEC. 4. SOLAS CONSTRUCTION STANDARDS. Section 2113 of title 46, United States Code, is amended-- (1) by inserting ``(a)'' before ``If''; and (2) by adding at the end the following new subsection: ``(b) A documented vessel with an interim coastwise passenger trade endorsement-- ``(1) is deemed to comply with parts B, C, and J of this title if the vessel meets the standards for passenger vessel construction for safety of life at sea issued under the International Maritime Organization convention to which the United States is a party; and ``(2) shall be issued by the Secretary the appropriate inspection, load line, and tonnage certificates if that vessel meets those standards.''. SEC. 5. CITIZENSHIP FOR PURPOSES OF DOCUMENTATION. Section 2 of the Shipping Act, 1916 (46 App. U.S.C. 802), is amended by adding at the end the following: ``(e) For purposes of issuing a certificate of documentation with an interim coastwise passenger trade endorsement or a coastwise endorsement for transporting passengers in the coastwise trade under chapter 121 of title 46, United States Code, the controlling interest in a corporation is deemed to be owned or demise chartered by citizens of the United States if at least 51 percent of its stock is vested in citizens of the United States free from any trust or fiduciary obligation in favor of any person not a citizen of the United States.''. SEC. 6. AMENDMENT TO TITLE XI OF THE MERCHANT MARINE ACT, 1936. Section 1101(b) of the Merchant Marine Act, 1936 (46 App. U.S.C. 1271(b)) is amended by striking ``passenger cargo'' and inserting ``passenger, cargo,''. SEC. 7. PERMITS FOR VESSELS ENTERING UNITS OF NATIONAL PARK SYSTEM. (a) Priority.--Notwithstanding any other provision of law, the Secretary of Commerce may not permit a person to operate a vessel in any unit of the National Park System except in accordance with the following priority: (1) First, any person that will operate a vessel that is documented under the laws of, and the home port of which is located in, the United States. (2) Second, any person that will operate a vessel-- (A) that is documented under the laws of a foreign country, and (B) which on the date of the enactment of this Act is permitted to be so operated. (3) Third, any person that will operate a vessel other than a vessel described in paragraph (1) or (2). (b) Revocation of Permits for Foreign-Documented Vessels.--The Secretary of Commerce shall revoke permission granted by the Secretary for the operation of a vessel documented under the laws of a foreign country in a unit of the National Park System, if-- (1) a person requests permission to operate a vessel documented under the laws of the United States in that unit; (2) the permission may not be granted because of a limit on the number of permits that may be issued for that operation. | United States Passenger Vessel Development Act - Amends Federal shipping law to authorize endorsement of a certificate of documentation for an eligible passenger vessel with an interim coastwise passenger trade endorsement if it is: (1) owned by, or demise chartered for at least 18 months to, a U.S. citizen; (2) at least 250 gross tons, with at least 175 berths; and (3) not a ferry. Conditions issuance of such an endorsement on the vessel owner's or charterer's entering into one or more contracts for the construction in the United States of one or more vessels having a total berthing capacity at least 80 percent of the capacity of the vessel for which the endorsement is issued. Conditions renewal of such endorsements on specified progress in vessel construction. Requires an interim coastwise passenger trade endorsement to prohibit the operation of the vessel in any trade served by another documented passenger vessel of at least 250 gross tons and having at least 175 berths, unless the owner or operator of the vessel so operated is also the owner or operator of the other vessel having the endorsement. Amends the Shipping Act, 1916 to authorize a person to place under a foreign registry or operate under the authority of a foreign country, without the Secretary of Transportation's approval, any vessel with an interim coastwise passenger trade endorsement if such person notifies the Secretary within certain deadlines. Amends Federal shipping law to require the Secretary to issue the appropriate inspection, load line, and tonnage certificates to any documented vessel with an interim coastwise passenger trade endorsement that meets the standards for passenger vessel construction for safety of life at sea (SOLAS) issued under the International Maritime Organization convention to which the United States is a party. Amends the Shipping Act, 1916 to define U.S. citizenship of a corporation for purposes of documentation with an interim coastwise passenger trade endorsement as the vesting of at least 51 percent of the corporation's stock in U.S. citizens free from any trust or fiduciary obligation in favor of any non-citizen. Prohibits the Secretary of Commerce from permitting a person to operate a vessel in any unit of the National Park System except in accordance with a specified priority giving first place to U.S.-documented vessels. Requires the Secretary to revoke permission for operation of a foreign-documented vessel if: (1) a person requests permission to operate a U.S.-documented vessel; and (2) the permission may not be granted because the number of permits that may be issued is limited. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Education Tuition Support Act of 2007'' or the ``VETS Act of 2007''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) There is no more important cause than the defense of the United States. (2) Since 2003, nearly 1,300,000 members of the Armed Forces have served in Iraq or Afghanistan and over 420,000 members of the Armed Forces in the National Guard and Reserve have been called to active duty. (3) The men and women of the Armed Forces put their lives on hold, leave their families, jobs, and postsecondary education in order to serve the United States, and do so with distinction. (4) In 2005, 500,000 veterans claimed education benefits from the Department of Veterans Affairs and approximately 47,000 of those veterans are members of the National Guard or Reserve and recently returned from serving in the Armed Forces in Iraq or Afghanistan. (5) Many members of the Armed Forces depend on various forms of financial aid in addition to their Montgomery GI Bill benefits to help fund their college education. (6) The 6 percent interest rate cap on all debts of members of the Armed Forces called to active duty guaranteed by the Servicemembers Civil Relief Act (50 U.S.C. App. 501 et seq.) has been interpreted narrowly by the Secretary of Education not to apply to Federal student loans. (7) Members of the Armed Forces who return from deployment overseas in the Armed Forces and who are unable to continue immediately a program of education that they were forced to discontinue because of such deployment are being forced to begin making payments on their private students loans only 1 month after such return. (8) The transition from service in the Armed Forces in a combat theater to a classroom is a difficult challenge and should not be rushed merely to avoid paying back student loans. (9) As of the date of the enactment of this Act, colleges are not required to make reasonable accommodations for students who are called to active duty in the Armed Forces, such as tuition reimbursement and relaxation of requirements for reenrollment. (10) Members of the Armed Forces who return from deployment overseas and attempt to reenroll in a program of education are overwhelmed with bureaucracy. (11) Studies have shown that symptoms of post-traumatic stress disorder (PTSD) and other non-apparent injuries may take up to a year to manifest. (12) Members of the Armed Forces deserve to have at least a full academic year to reintegrate into society before they are required to begin paying back student loans. (13) Members of the Armed Forces who fight to protect the United States deserve a Government that fights to protect them. (b) Purposes.--The purposes of this Act are-- (1) to assist members of the Armed Forces who return from a deployment to transition from military service to civilian life and to undertake programs of education they were forced to discontinue because of such deployment; (2) to provide a 13-month transition period for such members to reenroll in such a program of education and to begin paying back student loans undertaken for such program of education; (3) to institute a 6 percent interest rate cap on student loans of a member of the Armed Forces while such member is deployed on active duty; and (4) to require providers of programs of education to provide reasonable accommodations to their students who are members of the Armed Forces and who discontinue a program of education because of a deployment. SEC. 3. RELIEF FOR STUDENTS WHO ARE MEMBERS OF ARMED FORCES DURING PERIOD OF MILITARY SERVICE. (a) In General.--Title VII of the Servicemembers Civil Relief Act (50 U.S.C. App. 591 et seq.) is amended by adding at the end the following new section: ``SEC. 707. TUITION, REENROLLMENT, AND STUDENT LOAN RELIEF FOR POSTSECONDARY STUDENTS CALLED TO MILITARY SERVICE. ``(a) Tuition and Reenrollment.--Whenever a servicemember is called, activated, or ordered to military service and withdraws or takes a leave of absence from the institution of higher education in which the servicemember is enrolled, the institution shall-- ``(1) refund to such servicemember the tuition and fees paid by such servicemember (other than from the proceeds of a grant or scholarship) for the portion of the program of education for which such servicemember did not receive academic credit after such withdrawal or leave; and ``(2) provide such servicemember an opportunity to reenroll with the same educational and academic status in such program of education that the servicemember had when activated for military service. ``(b) Deferment of Repayment of Loans.--Whenever a servicemember is called, activated, or ordered to military service and withdraws or takes a leave of absence from the institution of higher education in which the servicemember is enrolled, the following rules shall apply to a provider of students loans who has provided a student loan to such a servicemember that is not in repayment status on the date the period of military service begins: ``(1) If the servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, the provider shall disregard the entire period the program of education was discontinued in determining the date on which repayment of the student loan is to begin. ``(2) If the servicemember does not so reenroll, the provider shall not require repayment of the student loan to begin before the later of the last day of such 13-month period or the date the repayment was to begin without regard to this subsection. ``(c) Definitions.--In this section: ``(1) The term `Federal financial aid program' means a program providing loans made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.). ``(2) The term `institution of higher education' means a 2- year or 4-year institution of higher education as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002). ``(3) The term `student loan' means any loan, whether Federal, State, or private, to assist an individual to attend an institution of higher education, including a loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1077 et seq., 1087a et seq., 1087aa et seq.).''. (b) Exemption of Student Debts From Creditor Protection Based on Income Level.--Section 207(c) of the Servicemember's Civil Relief Act (50 U.S.C. App. 527(c)) is amended by adding at the end the following new sentence: ``This subsection shall not apply with respect to an obligation or liability that is incurred by a servicemember who, at the time the servicemember is called to military service, is a student enrolled within six months of activation at an institution of higher education on a full-time basis, as determined by that institution.'' (c) Clerical Amendment.--The table of contents in section (1)(b) of such Act is amended by adding at the end the following new item: ``Sec. 707. Tuition, reenrollment, and student loan relief for postsecondary students called to military service.''. (d) Effective Date.--The amendments made by this section shall take effect for periods of military service beginning after the date of the enactment of this section. | Veterans Education Tuition Support Act of 2007 or VETS Act of 2007 - Amends the Servicemembers Civil Relief Act to require an institution of higher education, whenever a servicemember is called, activated, or ordered to military service and therefore withdraws or takes a leave of absence from such institution, to: (1) refund to the servicemember tuition and other fees paid for the portion of the program of education for which the servicemember did not receive academic credit after such withdrawal or leave; and (2) provide the servicemember an opportunity to reenroll at the institution with the same educational and academic status that the servicemember had when ordered to military service. Requires a provider of a student loan with respect to such a servicemember: (1) if the servicemember reenrolls in the program of education (or a comparable program) within 13 months following the period of military service, to disregard the entire period that the education was discontinued in determining the date on which student loan repayment is to begin; or (2) if the servicemember does not reenroll, to not require loan repayment to begin before the later of the last day of such 13-month period or the date the repayment was otherwise required to begin. Prohibits a court from granting a creditor relief from the 6% limit on interest charged against the indebtedness of a servicemember during a period of military service in the case of an obligation or liability incurred by a servicemember who is a student at an institution of higher education at the time of the call to service. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Jobs and Manufacturing Preservation Act of 1993''. SEC. 2. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 of the Internal Revenue Code of 1986 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(6) imported property income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Imported Property Income.--Section 954 of such Code is amended by adding at the end thereof the following new subsection: ``(h) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(6), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property, ``(B) the sale, exchange, or other disposition of imported property, or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States, or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use an intangible (as defined in section 936(b)(3)(B)) in the United States. ``(B) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(C) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.'' (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) of such Code (relating to separate application of section with respect to certain categories of income) is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(h)).'' (3) Look-thru rules to apply.--Subparagraph (F) of section 904(d)(3) of such Code is amended by striking ``or (E)'' and inserting ``(E), or (H)''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) of such Code (relating to certain prior year deficits may be taken into account) is amended by inserting the following subclause after subclause (II) (and by redesignating the following subclauses accordingly): ``(III) imported property income,''. (2) Paragraph (5) of section 954(b) of such Code (relating to deductions to be taken into account) is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1992, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 1992. | American Jobs and Manufacturing Preservation Act of 1993 - Amends the Internal Revenue Code to include imported property income of a controlled foreign corporation or related person as foreign base company income. Defines imported property income as that from: (1) manufacturing, producing, growing, or extracting imported property; (2) the sale, exchange, or other disposition of imported property; or (3) the lease, rental, or licensing of imported property. Requires the separate application of the limitation on the foreign tax credit on imported property income. Applies the look-thru rules in the case of controlled foreign corporations to such income. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Transportation Financing Improvement Act of 1993''. SEC. 2. STATE TRANSPORTATION INVESTMENT LOAN FUNDS. Chapter 1 of title 23, United States Code, is amended by adding at the end the following new section: ``Sec. 161. State transportation investment loan funds ``(a) Establishment.-- ``(1) In general.--Subject to the requirements of this section and notwithstanding any other provision of law, a State may establish a transportation revolving loan fund (referred to in this section as a `transportation investment loan fund') for making loans and providing other assistance to public or private entities constructing or proposing to construct projects or programs that are eligible to receive assistance under section 133(b) (referred to in this section as a `qualifying project'). ``(2) Determination of deposit and spend-out rates.--For each fiscal year, not later than 90 days after the date of enactment of an appropriations Act that funds the majority of programs of the Department of Transportation for the fiscal year, the Secretary, in consultation with the Director of the Office of Management and Budget and the Director of the Congressional Budget Office, in accordance with recognized scorekeeping conventions, shall establish a schedule for deposits and payments made by or on behalf of a State with respect to a transportation investment loan fund established pursuant to paragraph (1) to meet the obligations of the State referred to in paragraph (3). ``(3) Obligations and deposits.--A State may obligate for deposit in a transportation investment loan fund, from funds apportioned or allocated to the State under sections 104(b)(3) and 157, an amount not to exceed the sum of-- ``(A) the discretionary 37.5 percent of the remaining 80 percent of the surface transportation program funds apportioned to the State under section 104(b)(3), as described in the matter following clause (ii) of section 133(d)(3)(A); and ``(B) the difference between the amount allocated to the State pursuant to section 157(a)(4) and the amount that is obligated to urbanized areas of the State pursuant to section 133(d)(3). ``(4) Treatment of deposits.--Any amounts deposited by a State pursuant to paragraph (3) shall be considered an expenditure by the State. ``(5) Applicability of cash management requirements.-- Sections 3335 and 6503 of title 31, United States Code, shall not apply to this section. ``(b) State Matching Requirement.-- ``(1) Additional deposit from non-federal sources.--At the same time as a State deposits funds under subsection (a) into a transportation investment loan fund, the State shall deposit into the transportation investment loan fund from non-Federal sources an additional amount of State matching funds equal to-- ``(A) the sum of-- ``(i) the amount deposited pursuant to subsection (a); and ``(ii) an amount equal to the proportional non-Federal share that the State would otherwise pay on the basis of the amount, determined in accordance with section 120(b); multiplied by ``(B) the percentage amount of the non-Federal share for the State for a project carried out by the State, determined in accordance with section 120(b). ``(2) Investment income.--All investment income earned on amounts deposited into the transportation investment loan fund shall be-- ``(A) credited to the transportation investment loan fund; and ``(B) available for use in providing loans and other assistance from the transportation investment loan fund. ``(c) Loans and Other Assistance.-- ``(1) General authority.--From the amounts deposited into a transportation investment loan fund established by a State under this section, a State may loan to a public or private entity an amount equal to all or part of the cost of constructing a qualifying project, or provide other assistance with respect to a qualifying project. ``(2) Compliance with the federal transit act, federal environmental laws, and other requirements.--As a condition of receiving a loan or other assistance under this section, the public or private entity that receives the loan or other assistance shall comply with the requirements of this title and any other applicable Federal law (including any applicable provision of the Federal Transit Act (49 U.S.C. App. 1601 et seq.) or a Federal environmental law). ``(3) Subordination of debt.--The amount of a loan or other assistance (if applicable) received for a qualifying project under this subsection may be subordinated to any other debt financing for the project or program, except that amount of the loan or other assistance may not be subordinated to any other loan made by a State or any other public entity to the entity that receives the loan or other assistance. ``(4) Repayment.--The repayment of a loan or other assistance (if applicable) made pursuant to this subsection shall commence not later than 5 years after the qualifying project that is the subject of the loan or other assistance has opened to traffic. ``(5) Term of loan.--The term of a loan made pursuant to this subsection shall not exceed 30 years from the date of obligation of the loan. ``(6) Interest.--A loan made pursuant to this subsection shall bear interest at a rate at or below market interest rates, as determined by the State to make the qualifying project that is the subject of the loan feasible. ``(7) Reuse of funds.--The repayment of a loan or other assistance (if applicable) provided pursuant to this subsection may be credited to the transportation investment loan fund or obligated for any purpose for which the funds were available. ``(8) Procedures and guidelines.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish procedures and guidelines for establishing, operating, and making loans and providing other assistance from a transportation investment loan fund. ``(d) Definition of Other Assistance.--As used in this section, the term `other assistance' includes any use of funds-- ``(1) to refinance outstanding debt used to finance a qualifying project if the State certifies that any savings that result from the refinancing shall be used to carry out the purposes of this title; ``(2) to guarantee or purchase insurance or other forms of enhancement for borrower debt in order to improve credit market access or to subsidize interest rates; and ``(3) to provide a loan guarantee for a loan made from the transportation investment loan fund. ``(e) Other Uses of the Transportation Investment Loan Fund.-- ``(1) Source of revenue or security for bonds.-- Notwithstanding any other provision of this section, a State may use funds from the transportation investment loan fund of the State as security for bonds and notes issued to provide capital in addition to the capital referred to in subsection (a)(2) for the transportation investment loan fund. ``(2) Administrative costs.--For each fiscal year, a State may use an amount not to exceed 2 percent of the Federal funds deposited by the State into the transportation investment loan fund of the State to provide for the reasonable costs of administering the transportation investment loan fund.''. SEC. 3. LOANS OF FEDERAL FUNDS FOR THE CONSTRUCTION OF NONTOLL FACILITIES. Chapter 1 of title 23, United States Code, as amended by section 2, is further amended by adding at the end the following new section: ``Sec. 162. Loans of Federal funds for the construction of nontoll facilities ``(a) In General.-- ``(1) Loans.--A State may loan an amount equal to all or part of the Federal share of a project or program to a public or private entity constructing or proposing to construct a nontoll facility if the repayment of the loan by the public or private entity will be made from a dedicated revenue source, including any excise tax, sales tax, motor vehicle use fees, tax on real property, tax increment financing, or other dedicated revenue sources. ``(2) Definition of qualifying project.--As used in this section, the term `qualifying project' means a project that meets the requirements of paragraph (1). ``(b) Compliance with the Federal Transit Act, Federal Environmental Laws, and Other Requirements.--As a condition of receiving a loan under this section, the public or private entity that receives the loan shall ensure that the qualifying project complies with the requirements of this title and any other applicable law (including any applicable provision of the Federal Transit Act (49 U.S.C. App. 1601 et seq.) or a Federal environmental law). ``(c) Subordination of Debt.--The amount of a loan received for a project under this section may be subordinated to any other debt financing for the project, except that the amount of the loan may not be subordinated to the amount of any other loan made by the State or any other public entity to the entity constructing the project. ``(d) Obligation of Funds Loaned.--Funds loaned pursuant to this section may be obligated for qualifying projects. ``(e) Repayment.--The repayment of a loan made pursuant to this section shall commence not later than 5 years after the qualifying project that is the subject of the loan has opened to traffic. ``(f) Term of Loan.--The term of a loan made pursuant to this section shall not exceed 30 years from the date of obligation of the loan. ``(g) Interest.--A loan made pursuant to this section shall bear interest at a rate at or below market interest rates, as determined by the State to make the qualifying project that is the subject of the loan feasible. ``(h) Reuse of Funds.--Amounts repaid to a State from any loan made pursuant to this section may be obligated-- ``(1) for any purpose for which the loaned funds were available; and ``(2) for-- ``(A) the refinancing of outstanding debt used to finance a qualifying project; ``(B) the guarantee or purchase of insurance or other forms of enhancement for borrower debt in order to improve credit market access or to subsidize interest rates; or ``(C) the provision of a loan guarantee. ``(i) Guidelines.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish procedures and guidelines for making loans pursuant to this section.''. SEC. 4. TOLL ROADS. Paragraph (7) of section 129(a) of title 23, United States Code, is amended to read as follows: ``(7) Loans.-- ``(A) In general.--A State may loan an amount equal to all or part of the Federal share of a toll project under this section to a public or private entity constructing or proposing to construct a toll project. As used in this paragraph, the term `qualifying project' means a project referred to in the preceding sentence. ``(B) Compliance with the federal transit act, federal environmental laws, and other requirements.--As a condition to receiving a loan under this paragraph, the public or private entity that receives the loan shall ensure that the qualifying project complies with the requirements of this title and any other applicable law (including any applicable provision of the Federal Transit Act (49 U.S.C. App. 1601 et seq.) or a Federal environmental law). ``(C) Subordination of debt.--The amount of a loan received for a qualifying project under this paragraph may be subordinated to any other debt financing for the project, except that the amount of the loan may not be subordinated to the amount of any other loan made by the State or any other public entity to the entity constructing the project. ``(D) Obligation of funds loaned.--Funds loaned pursuant to this paragraph may be obligated for qualifying projects. ``(E) Repayment.--The repayment of a loan made pursuant to this paragraph shall commence not later than 5 years after the facility that is the subject of the loan has opened to traffic. ``(F) Term of loan.--The term of a loan to a private or public entity shall not exceed 30 years from the time that the loan was obligated. ``(G) Interest.--A loan made pursuant to this paragraph shall bear interest at a rate at or below market interest rates, as determined by the State to make the qualifying project that is the subject of the loan feasible. ``(H) Reuse of funds.--Amounts repaid to a State from a loan made under this paragraph may be obligated-- ``(i) for any purpose for which the loaned funds were available; and ``(ii) for-- ``(I) the refinancing of outstanding debt used to finance a qualifying project; ``(II) the guarantee or purchase of insurance or other forms of enhancement for borrower debt in order to improve credit market access or to subsidized interest rates; or ``(III) the provision of a loan guarantee. ``(I) Guidelines.--Not later than 180 days after the date of enactment of the State Transportation Financing Improvement Act of 1993, the Secretary shall establish procedures and guidelines for making loans pursuant to this paragraph.''. SEC. 5. CONFORMING AMENDMENT TO TABLE OF CONTENTS. The chapter analysis at the beginning of chapter 1 of title 23, United States Code, is amended by adding at the end the following new items: ``161. State transportation investment loan funds. ``162. Loans of Federal funds for the construction of nontoll facilities.''. | State Transportation Financing Improvement Act of 1993 - Amends Federal transportation law to authorize a State to establish a transportation revolving investment loan fund to make loans and provide other assistance to public or private entities constructing projects eligible to receive assistance under the surface transportation program. Requires the Secretary of Transportation to establish each fiscal year a schedule for deposits and payments made by or on behalf of a State with respect to the fund. Authorizes a State to use the fund as security for bonds or notes issued to provide capital for the fund. Authorizes a State to loan an amount equal to all or part of the Federal share of a project to a public or private entity constructing: (1) a nontoll facility if loan repayment will be made from a dedicated revenue source, including any excise tax, sales tax, motor vehicle use fees, tax on real property, tax increment financing, or other dedicated revenue sources; or (2) a toll project. Requires the public or private entity, as a condition of receiving loans or other assistance, to comply with the requirements of this Act, the Federal Transit Act, and any Federal environmental laws. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996''. SEC. 2. FINDINGS. The Congress finds that-- (1) a balanced civil space program is a critical element of the Nation's investment in research and development that needs to be maintained even as the United States reduces its deficit; (2) the National Aeronautics and Space Administration will require predictable and adequate funding over the next 5 years in order to carry out a balanced program of initiatives in human space flight and science, aeronautics, and technology; (3) international cooperation can play a major role in leveraging American investments in space exploration and utilization and should be encouraged; and (4) the National Aeronautics and Space Administration should continue its efforts to reduce institutional costs, through management restructuring, facility consolidation when appropriate, procurement reform, personnel base downsizing, and convergence with other defense and private sector systems. SEC. 3. DEFINITION. For purposes of this Act, the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration. TITLE I--AUTHORIZATION OF APPROPRIATIONS Subtitle A--Authorizations SEC. 101. HUMAN SPACE FLIGHT. (a) Authorizations.--There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Human Space Flight the following amounts: (1) For the Space Station, $1,833,600,000. (2) For Russian Cooperation, $129,200,000. (3) For the Space Shuttle, $3,171,800,000. (4) For Payload and Utilization Operations, $315,000,000. (b) Construction of Facilities.--(1) Of the funds authorized to be appropriated under subsection (a)(1), $14,800,000 are authorized for construction of a Neutral Buoyancy Laboratory, Johnson Space Center. The Administrator is authorized to exercise an option to purchase, for not more than $35,000,000, the Clear Lake Development Facility, containing the Sonny Carter Training Facility and the approximately 13.7 acre parcel of land on which it is located, using funds authorized by this Act. (2) Of the funds authorized to be appropriated under subsection (a)(3), $7,500,000 are authorized for replacement of the Chemical Analysis Facility, Kennedy Space Center. (3) Of the funds authorized to be appropriated under subsection (a)(3), $4,900,000 are authorized for replacement of the Space Shuttle Main Engine Processing Facility, Kennedy Space Center. (4) Of the funds authorized to be appropriated under subsection (a)(3), $5,000,000 are authorized for modernization of the Firex System, Pads A and B, Kennedy Space Center. SEC. 102. SCIENCE, AERONAUTICS, AND TECHNOLOGY. (a) Authorizations.--There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Science, Aeronautics, and Technology the following amounts: (1) For Space Science, $1,972,400,000, of which-- (A) $1,154,600,000 are authorized for Physics and Astronomy, including $7,000,000 for the Space Infrared Telescope Facility, $28,700,000 for the Stratospheric Observatory for Infrared Astronomy, and $51,500,000 for the Gravity Probe B Relativity Mission; and (B) $817,800,000 are authorized for Planetary Exploration, including $20,000,000 for the New Millenium program. (2) For Life and Microgravity Sciences and Applications, $504,000,000. (3) For Mission to Planet Earth, $1,287,460,000. (4) For Space Access and Technology, $557,300,000, of which-- (A) $59,000,000 are authorized for the Reusable Launch Vehicle technology development program, and, to the extent provided in appropriations Acts, the Administrator may utilize up to $100,000,000 from funds otherwise provided to the Department of Defense for the Reusable Launch Vehicle; (B) $140,500,000 are authorized for Spacecraft and Remote Sensing; and (C) $22,600,000 are authorized for the Small Spacecraft Technology Initiative. (5) For Aeronautical Research and Technology, $877,300,000, of which-- (A) $354,700,000 are authorized for Research and Technology Base activities; (B) $240,500,000 are authorized for High Speed Research; (C) $163,400,000 are authorized for Advanced Subsonic Technology; and (D) $65,200,000 are authorized for High Performance Computing and Communications. (6) For Mission Communication Services, $461,300,000. (7) For Academic Programs, $102,200,000. (b) Construction of Facilities.--(1) Of the funds authorized to be appropriated under subsection (a)(2), $3,000,000 are authorized for the construction of an addition to the Microgravity Development Laboratory, Marshall Space Flight Center. (2) Of the funds authorized to be appropriated under subsection (a)(3), $17,000,000 are authorized for construction of Earth Systems Science Building, Goddard Space Flight Center. (3) Of the funds authorized to be appropriated under subsection (a)(5), $5,400,000 are authorized for modernization of the Unitary Plan Wind Tunnel Complex, Ames Research Center. SEC. 103. MISSION SUPPORT. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Mission Support the following amounts: (1) For Safety, Reliability, and Quality Assurance, $37,600,000. (2) For Space Communications Services, $299,400,000, of which $175,800,000 are authorized for the Tracking and Data Relay Satellite Replenishment program. (3) For Research and Program Management, including personnel and related costs, travel, and research operations support, $2,094,800. (4) For Construction of Facilities, including land acquisition, $166,400,000, of which-- (A) $6,300,000 are authorized for restoration of Flight Systems Research Laboratory, Ames Research Center; (B) $3,000,000 are authorized for restoration of Chilled Water Distribution System, Goddard Space Flight Center; (C) $4,800,000 are authorized for replacement of Chillers, various buildings, Jet Propulsion Laboratory; (D) $1,100,000 are authorized for rehabilitation of Electrical Distribution System, White Sands Test Facility, Johnson Space Center; (E) $4,200,000 are authorized for replacement of Main Substation Switchgear and Circuit Breakers, Johnson Space Center; (F) $1,800,000 are authorized for replacement of 15KV Load Break Switches, Kennedy Space Center; (G) $9,000,000 are authorized for rehabilitation of Central Air Equipment Building, Lewis Research Center; (H) $4,700,000 are authorized for restoration of High Pressure Air Compressor System, Marshall Space Flight Center; (I) $6,800,000 are authorized for restoration of Information and Electronic Systems Laboratory, Marshall Space Flight Center; (J) $1,400,000 are authorized for restoration of Canal Lock, Stennis Space Center; (K) $2,500,000 are authorized for restoration of Primary Electrical Distribution System, Wallops Flight Facility; (L) $35,000,000 are authorized for repair of facilities at various locations, not in excess of $1,500,000 per project; (M) $35,000,000 are authorized for rehabilitation and modification of facilities at various locations, not in excess of $1,500,000 per project; (N) $3,800,000 are authorized for minor construction of new facilities and additions to existing facilities at various locations, not in excess of $1,500,000 per project; (O) $10,000,000 are authorized for facility planning and design; and (P) $37,000,000 are authorized for environmental compliance and restoration. SEC. 104. INSPECTOR GENERAL. There are authorized to be appropriated to the National Aeronautics and Space Administration for fiscal year 1996 for Inspector General, $17,300,000. SEC. 105. TOTAL CONSTRUCTION OF FACILITIES AUTHORIZATION. Notwithstanding any other provision of this title, the total amount authorized to be appropriated under this Act for Construction of Facilities shall not exceed $214,000,000. Subtitle B--Limitations and Special Authority SEC. 111. USE OF FUNDS FOR CONSTRUCTION. (a) Authorized Uses.--Funds appropriated under sections 101(a), 102(a), and 103 (1) and (2), and funds appropriated for research operations support under section 103(3), may be used for the construction of new facilities and additions to, repair of, rehabilitation of, or modification of existing facilities at any location in support of the purposes for which such funds are authorized. (b) Limitation.--None of the funds used pursuant to subsection (a) may be expended for a project, the estimated cost of which to the National Aeronautics and Space Administration, including collateral equipment, exceeds $500,000, until 30 days have passed after the Administrator has notified the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the nature, location, and estimated cost to the National Aeronautics and Space Administration of such project. (c) Title to Facilities.--If funds are used pursuant to subsection (a) for grants to institutions of higher education, or to nonprofit organizations whose primary purpose is the conduct of scientific research, for purchase or construction of additional research facilities, title to such facilities shall be vested in the United States unless the Administrator determines that the national program of aeronautical and space activities will best be served by vesting title in the grantee institution or organization. Each such grant shall be made under such conditions as the Administrator shall determine to be required to ensure that the United States will receive therefrom the benefits adequate to justify the making of that grant. SEC. 112. AVAILABILITY OF APPROPRIATED AMOUNTS. To the extent provided in appropriations Acts, appropriations authorized under subtitle A may remain available without fiscal year limitation. SEC. 113. REPROGRAMMING FOR CONSTRUCTION OF FACILITIES. Appropriations authorized under section 101(b), 102(b), or 103(4)-- (1) may be varied upward by 10 percent at the discretion of the Administrator; or (2) may be varied upward by 25 percent, to meet unusual cost variations, after the expiration of 30 days following a report on the circumstances of such action by the Administrator to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The aggregate amount authorized to be appropriated under sections 101(b), 102(b), and 103(4) shall not be increased as a result of actions authorized under paragraphs (1) and (2) of this section. SEC. 114. CONSIDERATION BY COMMITTEES. Notwithstanding any other provision of this Act-- (1) no amount appropriated to the National Aeronautics and Space Administration may be used for any program for which the President's annual budget request included a request for funding, but for which the Congress denied or did not provide funding; (2) no amount appropriated to the National Aeronautics and Space Administration may be used for any program in excess of the amount actually authorized for the particular program by subtitle A; and (3) no amount appropriated to the National Aeronautics and Space Administration may be used for any program which has not been presented to the Congress in the President's annual budget request or the supporting and ancillary documents thereto, unless a period of 30 days has passed after the receipt by the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of notice given by the Administrator containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. The National Aeronautics and Space Administration shall keep the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate fully and currently informed with respect to all activities and responsibilities within the jurisdiction of those committees. Except as otherwise provided by law, any Federal department, agency, or independent establishment shall furnish any information requested by either committee relating to any such activity or responsibility. SEC. 115. USE OF FUNDS FOR SCIENTIFIC CONSULTATIONS OR EXTRAORDINARY EXPENSES. Funds appropriated under section 102 may be used, but not to exceed $35,000, for scientific consultations or extraordinary expenses upon the authorization of the Administrator. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. PURCHASE OF AIRBORNE INFRARED ASTRONOMY DATA SERVICES. (a) Contract for Services.--The Administrator is authorized to enter into multiyear contracts for the purchase of services to provide infrared astronomical data by airborne platforms. Such contracts may provide for the acquisition of aircraft, instruments, support equipment, and any capital items necessary to meet Government needs, and further, the costs of such items may be amortized over the life of the contract. (b) Termination Liability.--Any contract entered into pursuant to this section may provide for the payment of contingent liability that may accrue in the event that the Federal Government for its convenience terminates such contracts. Payments made for such liability shall be derived from appropriations for Science, Aeronautics, and Technology which remain unobligated from any fiscal year. (c) Calculation of Transactions.--For the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, the Budget Enforcement Act of 1990, and scorekeeping guidelines, the Office of Management and Budget and the Congressional Budget Office shall score any contract entered into under this section in the same manner as if the contract had been entered into on September 30, 1990. SEC. 202. FACILITIES CLOSING COMMISSION. (a) Establishment.--In the event that the total amount of funds appropriated to the National Aeronautics and Space Administration for fiscal year 1996 is less than the amount authorized to be appropriated to the National Aeronautics and Space Administration in this Act, there shall be established an independent commission to be known as the National Aeronautics and Space Administration Facilities Commission (hereafter referred to in this section as the ``Commission''). The Commission shall be constituted and conduct its activities in accordance with a plan provided to Congress by the President within 90 days after the date of the enactment of the Act making such appropriations. (b) Purpose.--The purpose of the Commission shall be to make recommendations for the closure or reconfiguration of National Aeronautics and Space Administration facilities, including research and operations Centers, resulting in cost savings for the overall budget for such facilities. | TABLE OF CONTENTS: Title I: Authorization of Appropriations Subtitle A: Authorizations Subtitle B: Limitations and Special Authority Title II: Miscellaneous Provisions National Aeronautics and Space Administration Authorization Act, Fiscal Year 1996 - Title I: Authorization of Appropriations - Subtitle A: Authorizations - Authorizes appropriations for the National Aeronautics and Space Administration (NASA) for: (1) human space flight; (2) science, aeronautics, and technology, including facilities construction; (3) mission support; and (4) the Inspector General. Places a ceiling on authorization of appropriations for construction. Subtitle B: Limitations and Special Authority - Sets forth fund uses and limitations. Title II: Miscellaneous Provisions - Authorizes the purchase of airborne infrared astronomy data services. States that if NASA appropriations are less than appropriations authorized under this Act, there shall be established a National Aeronautics and Space Administration Facilities Commission to recommend closure or reconfiguration of NASA facilities. |
SECTION 1. TAX REPORTING FOR LIFE SETTLEMENT TRANSACTIONS. (a) In General.--Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 6050X. RETURNS RELATING TO CERTAIN LIFE INSURANCE CONTRACT TRANSACTIONS. ``(a) Requirement of Reporting of Certain Payments.-- ``(1) In general.--Every person who acquires a life insurance contract or any interest in a life insurance contract in a reportable policy sale during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of such person, ``(B) the name, address, and TIN of each recipient of payment in the reportable policy sale, ``(C) the date of such sale, ``(D) the name of the issuer of the life insurance contract sold and the policy number of such contract, and ``(E) the amount of each payment. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to such person, except that in the case of an issuer of a life insurance contract, such statement is not required to include the information specified in paragraph (1)(E). ``(b) Requirement of Reporting of Seller's Basis in Life Insurance Contracts.-- ``(1) In general.--Upon receipt of the statement required under subsection (a)(2) or upon notice of a transfer of a life insurance contract to a foreign person, each issuer of a life insurance contract shall make a return (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of the seller who transfers any interest in such contract in such sale, ``(B) the investment in the contract (as defined in section 72(e)(6)) with respect to such seller, and ``(C) the policy number of such contract. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to each seller whose name is required to be set forth in such return. ``(c) Requirement of Reporting With Respect to Reportable Death Benefits.-- ``(1) In general.--Every person who makes a payment of reportable death benefits during any taxable year shall make a return for such taxable year (at such time and in such manner as the Secretary shall prescribe) setting forth-- ``(A) the name, address, and TIN of the person making such payment, ``(B) the name, address, and TIN of each recipient of such payment, ``(C) the date of each such payment, and ``(D) the amount of each such payment. ``(2) Statement to be furnished to persons with respect to whom information is required.--Every person required to make a return under this subsection shall furnish to each person whose name is required to be set forth in such return a written statement showing-- ``(A) the name, address, and phone number of the information contact of the person required to make such return, and ``(B) the information required to be shown on such return with respect to each recipient of payment whose name is required to be set forth in such return. ``(d) Definitions.--For purposes of this section: ``(1) Payment.--The term `payment' means the amount of cash and the fair market value of any consideration transferred in a reportable policy sale. ``(2) Reportable policy sale.--The term `reportable policy sale' has the meaning given such term in section 101(a)(3)(B). ``(3) Issuer.--The term `issuer' means any life insurance company that bears the risk with respect to a life insurance contract on the date any return or statement is required to be made under this section. ``(4) Reportable death benefits.--The term `reportable death benefits' means amounts paid by reason of the death of the insured under a life insurance contract that has been transferred in a reportable policy sale.''. (b) Clerical Amendment.--The table of sections for subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6050W the following new item: ``Sec. 6050X. Returns relating to certain life insurance contract transactions.''. (c) Conforming Amendments.-- (1) Subsection (d) of section 6724 of the Internal Revenue Code of 1986 is amended-- (A) by striking ``or'' at the end of clause (xxiv) of paragraph (1)(B), by striking ``and'' at the end of clause (xxv) of such paragraph and inserting ``or'', and by inserting after such clause (xxv) the following new clause: ``(xxvi) section 6050X (relating to returns relating to certain life insurance contract transactions), and'', and (B) by striking ``or'' at the end of subparagraph (GG) of paragraph (2), by striking the period at the end of subparagraph (HH) of such paragraph and inserting ``, or'', and by inserting after such subparagraph (HH) the following new subparagraph: ``(II) subsection (a)(2), (b)(2), or (c)(2) of section 6050X (relating to returns relating to certain life insurance contract transactions).''. (2) Section 6047 of such Code is amended-- (A) by redesignating subsection (g) as subsection (h), (B) by inserting after subsection (f) the following new subsection: ``(g) Information Relating to Life Insurance Contract Transactions.--This section shall not apply to any information which is required to be reported under section 6050X.'', and (C) by adding at the end of subsection (h), as so redesignated, the following new paragraph: ``(4) For provisions requiring reporting of information relating to certain life insurance contract transactions, see section 6050X.''. (d) Effective Date.--The amendments made by this section shall apply to-- (1) reportable policy sales after December 31, 2012, and (2) reportable death benefits paid after December 31, 2012. SEC. 2. CLARIFICATION OF TAX BASIS OF LIFE INSURANCE CONTRACTS. (a) In General.--Paragraph (1) of section 1016(a) of the Internal Revenue Code of 1986 is amended by striking subparagraph (A) and all that follows and inserting the following: ``(A) for-- ``(i) taxes or other carrying charges described in section 266; or ``(ii) expenditures described in section 173 (relating to circulation expenditures), for which deductions have been taken by the taxpayer in determining taxable income for the taxable year or prior taxable years; or ``(B) for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract;''. (b) Effective Date.--The amendment made by this section shall apply to transactions entered into after August 25, 2009. SEC. 3. EXCEPTION TO TRANSFER FOR VALUABLE CONSIDERATION RULES. (a) In General.--Subsection (a) of section 101 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(3) Exception to valuable consideration rules for commercial transfers.-- ``(A) In general.--The second sentence of paragraph (2) shall not apply in the case of a transfer of a life insurance contract, or any interest therein, which is a reportable policy sale. ``(B) Reportable policy sale.--For purposes of this paragraph, the term `reportable policy sale' means the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. For purposes of the preceding sentence, the term `indirectly' applies to the acquisition of an interest in a partnership, trust, or other entity that holds an interest in the life insurance contract.''. (b) Conforming Amendment.--Paragraph (1) of section 101(a) of the Internal Revenue Code of 1986 is amended by striking ``paragraph (2)'' and inserting ``paragraphs (2) and (3)''. (c) Effective Date.--The amendments made by this section shall apply to transfers after December 31, 2012. | Amends the Internal Revenue Code, with respect to the tax treatment of certain life insurance contract transactions, to require reporting to the Internal Revenue Service (IRS) of: (1) information identifying persons who acquire a life insurance contract, or any interest therein, in a reportable policy sale; (2) information identifying a seller who transfers an interest in a life insurance contract and the seller's investment in the contract; and (3) reportable death benefit payments. Requires a basis adjustment for mortality, expense, or other reasonable charges incurred under an annuity or life insurance contract. Exempts from rules limiting the exclusion from gross income of life insurance death benefit amounts any amounts realized from the transfer of a life insurance contract, or any interest therein, that is a reportable policy sale. Defines "reportable policy sale" as the acquisition of an interest in a life insurance contract, directly or indirectly, if the acquirer has no substantial family, business, or financial relationship with the insured apart from the acquirer's interest in such life insurance contract. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gulf Coast Protection Act of 2006''. SEC. 2. PAYMENTS TO COASTAL PRODUCING STATES. The Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.) is amended by adding at the end the following: ``SEC. 32. PAYMENTS TO COASTAL PRODUCING STATES. ``(a) Definitions.--In this section: ``(1) Coastal political subdivision.--The term `coastal political subdivision' means a political subdivision of a coastal State, any part of which is located-- ``(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the coastal State as of the date of enactment of this section; and ``(B) not more than 200 nautical miles from the geographic center of any leased tract. ``(2) Coastal state.--The term `coastal State' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). ``(3) Coastal producing state.-- ``(A) In general.--The term `coastal producing State' means a coastal State that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the outer Continental Shelf. ``(B) Exclusion.--The term `coastal producing State' does not include any State a majority of the coastline of which is subject to leasing moratoria as of January 1, 2006. ``(4) Leased tract.--The term `leased tract' means a tract-- ``(A) maintained under section 6; or ``(B) leased under section 8. ``(5) Qualified outer continental shelf revenues.-- ``(A) In general.--The term `qualified outer Continental Shelf revenues' means the amounts received by the United States from each leased tract or portion of a leased tract-- ``(i) lying-- ``(I) seaward of the zone covered by section 8(g); or ``(II) within that zone, but to which section 8(g) does not apply; and ``(ii) the geographic center of which lies within 200 nautical miles from any part of the coastline of any coastal State. ``(B) Inclusions.--The term `qualified outer Continental Shelf revenues' includes bonus bids, rents, royalties (including payments for royalty taken in-kind and sold), net profit share payments, and related late- payment interest from natural gas and oil leases issued under this Act. ``(C) Exclusion.--The term `qualified outer Continental Shelf revenues' does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium as of January 1, 2006, unless the lease was in production on that date. ``(b) Disbursements.-- ``(1) In general.--Notwithstanding any other provision of law, not later than December 31, 2006, and annually thereafter, the Secretary of the Treasury, without further appropriation and subject to subjection (c), shall disburse to coastal producing States 50 percent of qualified outer Continental Shelf revenues received during the preceding year. ``(2) Proportional allocations.-- ``(A) In general.--Except as provided in subparagraph (B), the amounts made available under paragraph (1) shall be allocated to each coastal producing State based on the ratio that-- ``(i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the coastal producing State; bears to ``(ii) the amount of qualified outer Continental Shelf revenues generated off the coastline of all coastal producing States. ``(B) Exception for multiple coastal producing states.--In a case in which more than 1 coastal producing State is located within 200 nautical miles of any portion of a leased tract, the amount allocated to each coastal producing State for the leased tract shall be inversely proportional to the distance between-- ``(i) the nearest point on the coastline of the coastal producing State; and ``(ii) the geographic center of the leased tract. ``(C) Formula.--Of the share of each coastal producing State under this paragraph, 35 percent shall be allocated among and paid directly to appropriate coastal political subdivisions by the Secretary of the Treasury based on the following formula: ``(i) 50 percent shall be allocated in amounts that are inversely proportional to the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the Secretary. ``(ii) 25 percent shall be allocated based on the ratio that-- ``(I) the length, in miles, of the coastline of each coastal political subdivision; bears to ``(II) the length, in miles, of the coastline of all coastal political subdivisions of the State. ``(iii) 25 percent shall be allocated based on the ratio that-- ``(I) the coastal population of the coastal political subdivision; bears to ``(II) the coastal population of all coastal political subdivisions of the State. ``(c) Use of Funds.--A coastal producing State, and a coastal political subdivision, shall use amounts received under this section (including any amounts deposited into a trust fund administered by the coastal producing State or coastal political subdivision in accordance with this subsection), only for 1 or more of the following purposes: ``(1) To conserve, protect, or restore coastal areas, including wetlands. ``(2) To mitigate damage to natural resources and protect fish and wildlife in the coastal zone. ``(3) To mitigate the impact of outer Continental Shelf activity by providing onshore infrastructure or public service. ``(4) Hurricane protection, storm damage mitigation, and integrated flood control systems. ``(5) Levee construction and maintenance. ``(6) Marine and coastal subsidence. ``(7) Coastal and riverine erosion. ``(8) Coastal and wetlands conservation and management. ``(9) Infrastructure for navigation, ports, and transportation relating to trade, commerce, evacuation, economic development, and public safety. ``(d) Additional Use of Funds.--Subject to subsection (c), a coastal producing State may use amounts received under this section (including any amounts deposited into a trust fund administered by the coastal producing State or coastal political subdivision in accordance with this subsection) to make any payment that is eligible to be made with funds provided to States under section 35 of the Mineral Leasing Act (30 U.S.C. 191).''. | Gulf Coast Protection Act of 2006 - Amends the Outer Continental Shelf Lands Act to instruct the Secretary of the Treasury to disburse to coastal producing states by December 31, 2006, without further appropriation, 50% of the qualified outer Continental Shelf revenues received during the preceding year. Prescribes proportional allocation requirements. Restricts the purposes for which the producing states and coastal political subdivisions may use such funds. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Washita Battlefield National Historic Site Act of 1996''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) the Battle of the Washita, November 27, 1868, was one of the largest engagements between Plains tribes and the United States Army on the Southern Great Plains. The site is a registered National Historic Landmark; (2) Lt. Colonel George A. Custer, leading the 7th United States Calvary, attacked the sleeping Cheyenne village of peace chief Black Kettle. Custer's attack resulted in more than 150 Indian casualties, many of them women and children; (3) the Battle of the Washita symbolizes the struggle of the Southern Great Plains tribes to maintain their traditional lifeways and not to submit to reservation confinement; and (4) the Washita battle site possesses a high degree of integrity and the cultural landscape is essentially intact. The Cheyenne village site has not been altered substantially except by periodic flooding of the Washita River. (b) Purposes.--The purposes of this Act are to-- (1) recognize the importance of the Battle of the Washita as a nationally significant element of frontier military history and as a symbol of the struggles of the Southern Great Plains tribes to maintain control of their traditional use areas; and (2) establish the site of the Battle of the Washita as a national historic site and provide opportunities for American Indian groups including the Cheyenne-Arapaho Tribe to be involved in the formulation of plans and educational programs for the national historic site. SEC. 3. ESTABLISHMENT. (a) In General.--In order to provide for the preservation and interpretation of the Battle of the Washita, there is hereby established the Washita Battlefield National Historic Site in the State of Oklahoma (hereafter in this Act referred to as the ``national historic site''). (b) Boundary.-- (1) In general.--The national historic site shall consist of-- (A) approximately 326 acres, as generally depicted on the map entitled ``Washita Battlefield National Historic Site'', numbered 20,000A and dated 12/95; and (B) the private lands subject to conservation easements referred to in section 5(b). (2) Map.--The map referred to in paragraph (1) shall be on file in the offices of the Director of the National Park Service, Department of the Interior, and other appropriate offices of the National Park Service. The Secretary of the Interior (hereafter in this Act referred to as the ``Secretary'') may, from time to time, make minor revisions in the boundary of the national historic site in accordance with section 7(c) of the Land and Water Conservation Act of 1965 (16 U.S.C. 460l-4 and following). SEC. 4. ADMINISTRATION. (a) In General.--The Secretary, acting through the Director of the National Park Service, shall manage the national historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including ``An Act to establish a National Park Service, and for other purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). (b) Management Purposes.--The Secretary shall manage the national historic site for the following purposes, among others: (1) To protect and preserve the national historic site, including the topographic features important to the battle site, artifacts and other physical remains of the battle, and the visual scene as closely as possible as it was at the time of the battle. (2) To interpret the cultural and natural resources of the historic site, providing for public understanding and appreciation of the area in such manner as to perpetuate these qualities and values for future generations. (c) Consultation and Training.--The Secretary, acting through the Director of the National Park Service, shall consult regularly with the Cheyenne-Arapaho Tribe on the formulation of the management plan provisions referred to in section 6(5) and on preparation of educational programs provided to the public. The Secretary is authorized to enter into cooperative agreements with the Cheyenne- Arapaho Tribe, its subordinate boards, committees, enterprises, and traditional leaders to further the purposes of this Act. SEC. 5. ACQUISITION OF PROPERTY. (a) Park Boundaries.--Within the boundaries of the national historic site, the Secretary is authorized to acquire lands and interest in lands by donation, purchase with donated or appropriated funds, or exchange, except that-- (1) no lands or interest in lands within the historic site may be acquired without the consent of the owner thereof, and (2) lands and interests in lands owned by the State of Oklahoma or any political subdivision thereof may be acquired only by donation. (b) Conservation Easements.--The Congress finds that the State of Oklahoma, acting through the Oklahoma Historical Society, will work with local land owners to acquire and hold in perpetuity conservation easements in the vicinity of the national historic site as deemed necessary for the visual and interpretive integrity of the site. The intent of the easements will be to keep occupancy of the land in private ownership and use of the land in general agriculture. SEC. 6. MANAGEMENT PLAN. Within five years after the date funds are made available for purposes of this Act, the Secretary, acting through the Director of the National Park Service, shall prepare a general management plan for the national historic site. The plan shall address, but not be limited to, each of the following: (1) A resource protection program. (2) A visitor use plan including programs and facilities that will be provided for public use, including the location and cost of public facilities. (3) A research and curation plan. (4) A highway signing program. (5) Involvement by the Cheyenne-Arapaho Tribe in the formulation of educational programs for the national historic site. (6) Involvement by the State of Oklahoma and other local and national entities willing to share in the responsibilities of developing and supporting the national historic site. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $5,000,000. | Washita Battlefield National Historic Site Act of 1996 - Establishes the Washita Battlefield National Historic Site in Oklahoma to provide for the preservation and interpretation of the Battle of the Washita. Directs the Secretary of the Interior, acting through the Director of the National Park Service, to consult, and authorizes cooperative agreements with, the Cheyenne-Arapaho Tribe in developing a management plan and public educational programs. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans and Other Health Care Improvements Act of 2012''. SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO VETERANS LIKE OTHER MEDICAL SERVICES. Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph: ``(H) Fertility counseling and treatment, including treatment using assisted reproductive technology.''. SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR SPOUSES AND SURROGATES OF VETERANS. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 1788. Reproductive treatment and care for spouses and surrogates of veterans ``(a) In General.--The Secretary shall furnish fertility counseling and treatment, including through the use of assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service and who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title if the spouse or surrogate and the veteran apply jointly for such counseling and treatment through a process prescribed by the Secretary. ``(b) Coordination of Care for Other Spouses and Surrogates.--In the case of a spouse or surrogate of a veteran not described in subsection (a) who is seeking fertility counseling and treatment, the Secretary may coordinate fertility counseling and treatment for such spouse or surrogate. ``(c) Construction.--Nothing in this section shall be construed to require the Secretary to find or certify a surrogate for a veteran or to connect a surrogate with an injured veteran.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1787 the following new item: ``1788. Reproductive treatment and care for spouses and surrogates of veterans.''. SEC. 4. ADOPTION ASSISTANCE. (a) In General.--Subchapter VIII of chapter 17 of title 38, United States Code, as amended by section 3, is further amended by adding at the end the following new section: ``Sec. 1789. Adoption assistance ``(a) In General.--The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children. ``(b) Covered Veteran.--For purposes of this section, a covered veteran is any severely wounded, ill, or injured veteran who-- ``(1) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and ``(2) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. ``(c) Limitation Amount.--For purposes of this section, the limitation amount is the amount equal to the lesser of-- ``(1) the cost the Department would incur if the Secretary were to provide a covered veteran with one cycle of in vitro fertilization, as determined by the Secretary; and ``(2) the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title, as amended by section 3, is further amended by inserting after the item relating to section 1788 the following new item: ``1789. Adoption assistance.''. SEC. 5. REPORT ON PROVISION OF FERTILITY COUNSELING AND TREATMENT. (a) In General.--Each year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the fertility counseling and treatment furnished by the Department of Veterans Affairs during the year preceding the submittal of the report. (b) Elements.--Each report submitted under subsection (a) shall include, for the period covered by the report, the following: (1) The number of veterans who received fertility counseling or treatment furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans. (2) The number of spouses and surrogates of veterans who received fertility counseling or treatment furnished by the Department. (3) The cost to the Department of furnishing fertility counseling and treatment, disaggregated by cost of services and administration. (4) The average cost to the Department per recipient of such counseling and treatment. (5) In cases in which the Department furnished fertility treatment through the use of assisted reproductive technology, the average number of cycles per person furnished. (6) A description of how fertility counseling and treatment services of the Department are coordinated with similar services of the Department of Defense. SEC. 6. REGULATIONS ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT AND ADOPTION ASSISTANCE. (a) In General.--Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations-- (1) on the furnishing of fertility treatment to veterans using assisted reproductive technology; (2) to carry out section 1788 of title 38, United States Code, as added by section 3; and (3) to carry out section 1789 of such title, as added by section 4. (b) Limitation.--Notwithstanding any other provision of law, during the period beginning on the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under subsection (a), the Secretary may not furnish-- (1) to any veteran, any fertility treatment using assisted reproductive technology; (2) any fertility counseling or treatment under section 1788 of title 38, United States Code, as added by section 3; or (3) any assistance under section 1789 of such title, as added by section 4. SEC. 7. COORDINATION WITH DEPARTMENT OF DEFENSE ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT. The Secretary of Veterans Affairs shall coordinate the furnishing of fertility counseling and treatment by the Department of Veterans Affairs with the furnishing of fertility counseling and treatment by the Department of Defense. SEC. 8. FUNDING. Amounts for a fiscal year to carry out this Act, section 7330B of title 38, United States Code, as added by section 2(a), section 1787 of such title, as added by section 4(a), and the amendments made by this Act shall be derived from amounts made available for an overseas contingency operation in that fiscal year, if amounts were made available for an overseas contingency operation in that fiscal year. Passed the Senate December 13, 2012. Attest: NANCY ERICKSON, Secretary. | Women Veterans and Other Health Care Improvements Act of 2012 - Directs the Secretary of Veterans Affairs to furnish fertility counseling and treatment, including assisted reproductive technology, to a spouse or surrogate of a severely wounded, ill, or injured veteran who has an infertility condition incurred or aggravated during active duty and is enrolled in the Department of Veterans Affairs (VA) patient enrollment system. Authorizes the Secretary to pay, to any such veteran, an amount to assist in the adoption of one or more children. Directs the Secretary to: (1) report annually to the congressional veterans committees on the counseling and treatment provided under this Act; (2) prescribe regulations on the furnishing of such counseling, treatment, and adoption assistance; and (3) coordinate the furnishing of such counseling and treatment with that provided by the Department of Defense (DOD). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Domestic Timber Production and Manufacturing Incentives Act''. SEC. 2. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1202. INVESTMENT INCENTIVE FOR DOMESTIC TIMBER PRODUCTION. ``(a) In General.--At the election of any taxpayer who has qualified timber gain for any taxable year, there shall be allowed as a deduction from gross income an amount equal to the qualified percentage of such gain. ``(b) Qualified Timber Gain.--For purposes of this section-- ``(1) In general.--The term `qualified timber gain' means the lesser of-- ``(A) the net capital gain for the taxable year, or ``(B) the net capital gain for the taxable year determined by taking into account only gains and losses from qualified timber. ``(2) Qualified timber.--The term `qualified timber' means any timber with respect to which the taxpayer has provided assurances (which are satisfactory to the Secretary) that substantially all of the processing of the timber will occur within the United States. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 2 percent, by ``(2) the number of years in the holding period of the taxpayer with respect to the timber. ``(d) Estates and Trusts.--In the case of an estate or trust, the deduction under subsection (a) shall be computed by excluding the portion (if any) of the gains for the taxable year from sales or exchanges of capital assets which, under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts), is includible by the income beneficiaries as gain derived from the sale or exchange of capital assets.'' (b) Coordination With Existing Limitations.-- (1) Subsection (h) of section 1 of such Code (relating to maximum capital gains rate) is amended by inserting after ``net capital gain'' each place it appears the following; ``(other than qualified timber gain with respect to which an election is made under section 1202)''. (2) Subsection (a) of section 1201 of such Code (relating to alternative tax for corporations) is amended by inserting after ``net capital gain'' each place it appears the following: ``(other than qualified timber gain with respect to which an election is made under section 1202)''. (c) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (relating to definition of adjusted gross income) is amended by adding at the end the following new paragraph: ``(14) Investment incentive for domestic timber production.--The deduction allowed by section 1202.'' (d) Conforming Amendment.--The table of sections for part I of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1202. Investment incentive for domestic timber production.'' (e) Effective Date.--The amendments made by this section shall apply to sales or exchanges after the date of the enactment of this Act. SEC. 3. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES. (a) Determination of Material Participation.--Subsection (h) of section 469 of the Internal Revenue Code of 1986 (defining material participation) is amended by adding at the end the following new paragraph: ``(6) Treatment of timber activities.-- ``(A) In general.--A taxpayer shall be treated as materially participating in any timber activity for a taxable year if-- ``(i) the taxpayer's participation in the activity for such year constitutes substantially all of the participation in the activity of all individuals for such year, other than individuals-- ``(I) who are not owners of interests in the activity, ``(II) who are retained and compensated directly by the taxpayer, and ``(III) whose activities are subject to the oversight, supervision, and control of the taxpayer, or ``(ii) based on all of the facts and circumstances, the taxpayer participates in the activity on a regular, continuous, and substantial basis during such year, except that for purposes of this clause-- ``(I) the taxpayer shall not be required to participate in the activity for any minimum period of time during such year, and ``(II) the performance of services by individuals who are not owners of interests in the activity shall not be considered if the services are routinely provided by individuals specializing in such services and such services are subject to the oversight, supervision, and control of the taxpayer. ``(B) Partners and s corporation shareholders.-- Subject to paragraph (2), the determination of whether a partner or S corporation shareholder shall be treated as materially participating in any timber activity of the partnership or S corporation shall be based upon the combined participation of all of the partners or shareholders in the activity. ``(C) Timber activity.--For purposes of this paragraph, the term `timber activity' means the planting, cultivating, caring, cutting, or preparation (other than milling) for market, of trees.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Domestic Timber Production and Manufacturing Incentives Act - Amends the Internal Revenue Code to provide taxpayers a deduction from gross income for qualified timber gain as an investment incentive. Allows such deduction in computing adjusted gross income. Provides for applying passive loss limitations to timber activities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program Grants. Sec. 4. Law enforcement response to mentally ill offenders improvement grants. Sec. 5. Examination and report on prevalence of mentally ill offenders. SEC. 2. FINDINGS. Congress finds the following: (1) Communities nationwide are struggling to respond to the high numbers of people with mental illnesses involved at all points in the criminal justice system. (2) A 1999 study by the Department of Justice estimated that 16 percent of people incarcerated in prisons and jails in the United States, which is more than 300,000 people, suffer from mental illnesses. (3) Los Angeles County Jail and New York's Rikers Island jail complex hold more people with mental illnesses than the largest psychiatric inpatient facilities in the United States. (4) State prisoners with a mental health problem are twice as likely as those without a mental health problem to have been homeless in the year before their arrest. SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS. (a) Authorization of Appropriations Through 2014.--Section 2991(h) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended-- (1) in paragraph (1), by striking at the end ``and''; (2) in paragraph (2), by striking ``for fiscal years 2006 through 2009.'' and inserting ``for each of the fiscal years 2006 and 2007; and''; and (3) by adding at the end the following new paragraph: ``(3) $50,000,000 for each of the fiscal years 2009 through 2014.''. (b) Allocation of Funding for Administrative Purposes.--Section 2991(h) of such title is further amended-- (1) by redesignating paragraphs (1), (2), and (3) (as added by subsection (a)(3)) as subparagraphs (A), (B), and (C), respectively, and adjusting the margins accordingly; (2) by striking ``There are authorized'' and inserting ``(1) In general.--There are authorized''; and (3) by adding at the end the following new paragraph: ``(2) Allocation of Funding for Administrative Purposes.--For fiscal year 2009 and each subsequent fiscal year, of the amounts authorized under paragraph (1) for such fiscal year, the Attorney General may obligate not more than 3 percent for the administrative expenses of the Attorney General in carrying out this section for such fiscal year.''. (c) Additional Applications Receiving Priority.--Subsection (c) of such section is amended to read as follows: ``(c) Priority.--The Attorney General, in awarding funds under this section, shall give priority to applications that-- ``(1) promote effective strategies by law enforcement to identify and to reduce risk of harm to mentally ill offenders and public safety; ``(2) promote effective strategies for identification and treatment of female mentally ill offenders; ``(3) promote effective strategies to expand the use of mental health courts, including the use of pretrial services and related treatment programs for offenders; or ``(4)(A) demonstrate the strongest commitment to ensuring that such funds are used to promote both public health and public safety; ``(B) demonstrate the active participation of each co-applicant in the administration of the collaboration program; ``(C) document, in the case of an application for a grant to be used in whole or in part to fund treatment services for adults or juveniles during periods of incarceration or detention, that treatment programs will be available to provide transition and reentry services for such individuals; and ``(D) have the support of both the Attorney General and the Secretary.''. SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT GRANTS. Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by-- (1) redesignating subsection (h) as subsection (i); and (2) inserting after subsection (g) the following: ``(h) Law Enforcement Response to Mentally Ill Offenders Improvement Grants.-- ``(1) Authorization.--The Attorney General is authorized to make grants under this section to States, units of local government, Indian tribes, and tribal organizations for the following purposes: ``(A) Training programs.--To provide for programs that offer law enforcement personnel specialized and comprehensive training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved. ``(B) Receiving centers.--To provide for the development of specialized receiving centers to assess individuals in the custody of law enforcement personnel for suicide risk and mental health and substance abuse treatment needs. ``(C) Improved technology.--To provide for computerized information systems (or to improve existing systems) to provide timely information to law enforcement personnel and criminal justice system personnel to improve the response of such respective personnel to mentally ill offenders. ``(D) Cooperative programs.--To provide for the establishment and expansion of cooperative efforts by criminal and juvenile justice agencies and mental health agencies to promote public safety through the use of effective intervention with respect to mentally ill offenders. ``(E) Campus security personnel training.--To provide for programs that offer campus security personnel training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved. ``(2) BJA training models.--For purposes of paragraph (1)(A), the Director of the Bureau of Justice Assistance shall develop training models for training law enforcement personnel in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved, including suicide prevention. ``(3) Matching funds.--The Federal share of funds for a program funded by a grant received under this subsection may not exceed 50 percent of the costs of the program. The non-Federal share of payments made for such a program may be made in cash or in-kind fairly evaluated, including planned equipment or services.''. SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS. (a) In General.-- (1) In general.--The Attorney General shall examine and report on mental illness and the criminal justice system. (2) Scope.--Congress encourages the Attorney General to specifically examine the following: (A) Populations.--The rate of occurrence of serious mental illnesses in each of the following populations: (i) Individuals, including juveniles, on probation. (ii) Individuals, including juveniles, incarcerated in a jail. (iii) Individuals, including juveniles, incarcerated in a prison. (iv) Individuals, including juveniles, on parole. (B) Benefits.--The percentage of individuals in each population described in subparagraph (A) who have-- (i) a serious mental illness; and (ii) received disability benefits under title II or title XVI of the Social Security Act (42 U.S.C. 401 et seq. and 1381 et seq.). (b) Report.--Not later than 36 months after the date of the enactment of this Act, the Attorney General shall submit to Congress the report described in subsection (a). (c) Definitions.--In this section-- (1) the term ``serious mental illness'' means that an individual has, or at any time during the 1-year period ending on the date of enactment of this Act had, a covered mental, behavioral, or emotional disorder; and (2) the term ``covered mental, behavioral, or emotional disorder''-- (A) means a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, or the International Classification of Diseases, Ninth Revision, Clinical Modification equivalent of the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition; and (B) does not include a disorder that has a V code within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, a substance use disorder, or a developmental disorder, unless that disorder cooccurs with another disorder described in subparagraph (A) and causes functional impairment which substantially interferes with or limits 1 or more major life activities. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $2,000,000 for 2009. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to extend through 2014 the authorization of appropriations for the adult and juvenile mental health collaboration grant program. Includes within the priorities for awarding grants under such program the identification and treatment of mentally-ill offenders and the expanded use of mental health courts. Authorizes the Attorney General to make grants to states, local governments, Indian tribes, and tribal organizations to: (1) offer law enforcement officers and campus security personnel training to respond appropriately to incidents involving mentally-ill individuals; (2) establish specialized receiving centers to assess the mental health requirements and suicide risk of individuals in law enforcement custody; (3) provide computerized information systems to improve the response of law enforcement and criminal justice personnel to mentally-ill offenders; and (4) establish cooperative programs to promote public safety by using effective intervention for mentally-ill offenders. Requires the Director of the Bureau of Justice Assistance to develop training models for law enforcement personnel for responding to the needs of individuals with mental illnesses, including suicide prevention. Prohibits federal matching funds from exceeding 50% of the cost of a grant program. Directs the Attorney General to examine and report to Congress on mental illness and the criminal justice system, including: (1) the rate of occurrence of serious mental illnesses in individuals (including juveniles) on probation, incarcerated in a jail or prison, or on parole; and (2) the percentage of individuals in each of those populations who have a serious mental illness and have received social security disability benefits. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lovelace Respiratory Research Institute Land Conveyance Act''. SEC. 2. DEFINITION. In this Act: (1) Institute.--The term ``Institute'' means the Lovelace Respiratory Research Institute, a nonprofit organization chartered under the laws of the State of New Mexico. (2) Map.--The term ``map'' means the map entitled ``Lovelace Respiratory Research Institute Land Conveyance'' and dated March 18, 2008. (3) Secretary concerned.--The term ``Secretary concerned'' means-- (A) the Secretary of Energy, with respect to matters concerning the Department of Energy; (B) the Secretary of the Interior, with respect to matters concerning the Department of the Interior; and (C) the Secretary of the Air Force, with respect to matters concerning the Department of the Air Force. (4) Secretary of energy.--The term ``Secretary of Energy'' means the Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration. SEC. 3. CONVEYANCE OF LAND. (a) In General.--Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and this Act, the Secretary of Energy, in consultation with the Secretary of the Interior and the Secretary of the Air Force, may convey to the Institute, on behalf of the United States, all right, title, and interest of the United States in and to the parcel of land described in subsection (b) for research, scientific, or educational use. (b) Description of Land.--The parcel of land referred to in subsection (a)-- (1) is the approximately 135 acres of land identified as ``Parcel A'' on the map; (2) includes any improvements to the land described in paragraph (1); and (3) excludes any portion of the utility system and infrastructure reserved by the Secretary of the Air Force under subsection (d). (c) Other Federal Agencies.--The Secretary of the Interior and the Secretary of the Air Force shall complete any real property actions, including the revocation of any Federal withdrawals of the parcel conveyed under subsection (a) and the parcel described in section 4(a), that are necessary to allow the Secretary of Energy to-- (1) convey the parcel under subsection (a); or (2) transfer administrative jurisdiction under section 4. (d) Reservation of Utility Infrastructure and Access.--The Secretary of the Air Force may retain ownership and control of-- (1) any portions of the utility system and infrastructure located on the parcel conveyed under subsection (a); and (2) any rights of access determined to be necessary by the Secretary of the Air Force to operate and maintain the utilities on the parcel. (e) Restrictions on Use.-- (1) Authorized uses.--The Institute shall allow only research, scientific, or educational uses of the parcel conveyed under subsection (a). (2) Reversion.-- (A) In general.--If, at any time, the Secretary of Energy, in consultation with the Secretary of the Air Force, determines, in accordance with subparagraph (B), that the parcel conveyed under subsection (a) is not being used for a purpose described in paragraph (1)-- (i) all right, title, and interest in and to the entire parcel, or any portion of the parcel not being used for the purposes, shall revert, at the option of the Secretary, to the United States; and (ii) the United States shall have the right of immediate entry onto the parcel. (B) Requirements for determination.--Any determination of the Secretary under subparagraph (A) shall be made on the record and after an opportunity for a hearing. (f) Costs.-- (1) In general.--The Secretary of Energy shall require the Institute to pay, or reimburse the Secretary concerned, for any costs incurred by the Secretary concerned in carrying out the conveyance under subsection (a), including any survey costs related to the conveyance. (2) Refund.--If the Secretary concerned collects amounts under paragraph (1) from the Institute before the Secretary concerned incurs the actual costs, and the amount collected exceeds the actual costs incurred by the Secretary concerned to carry out the conveyance, the Secretary concerned shall refund to the Institute an amount equal to difference between-- (A) the amount collected by the Secretary concerned; and (B) the actual costs incurred by the Secretary concerned. (3) Deposit in fund.-- (A) In general.--Amounts received by the United States under this subsection as a reimbursement or recovery of costs incurred by the Secretary concerned to carry out the conveyance under subsection (a) shall be deposited in the fund or account that was used to cover the costs incurred by the Secretary concerned in carrying out the conveyance. (B) Use.--Any amounts deposited under subparagraph (A) shall be available for the same purposes, and subject to the same conditions and limitations, as any other amounts in the fund or account. (g) Contaminated Land.--In consideration for the conveyance of the parcel under subsection (a), the Institute shall-- (1) take fee title to the parcel and any improvements to the parcel, as contaminated; (2) be responsible for undertaking and completing all environmental remediation required at, in, under, from, or on the parcel for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the same extent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party; (3) indemnify the United States for-- (A) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate the parcel; or (B) contamination at, in, under, from, or on the land, for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents; (4) indemnify, defend, and hold harmless the United States from any damages, costs, expenses, liabilities, fines, penalties, claim, or demand for loss, including claims for property damage, personal injury, or death resulting from releases, discharges, emissions, spills, storage, disposal, or any other acts or omissions by the Institute and any officers, agents, employees, contractors, sublessees, licensees, successors, assigns, or invitees of the Institute arising from activities conducted on the parcel conveyed under subsection (a); and (5) reimburse the United States for all legal and attorney fees, costs, and expenses incurred in association with the defense of any claims described in paragraph (4). (h) Contingent Environmental Response Obligations.--If the Institute does not undertake or complete environmental remediation as required by subsection (g) and the United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to the parcel conveyed under subsection (a). (i) No Additional Compensation.--Except as otherwise provided in this Act, no additional consideration shall be required for conveyance of the parcel to the Institute under subsection (a). (j) Access and Utilities.--On conveyance of the parcel under subsection (a), the Secretary of the Air Force shall, on behalf of the United States and subject to any terms and conditions as the Secretary determines to be necessary (including conditions providing for the reimbursement of costs), provide the Institute with-- (1) access for employees and invitees of the Institute across Kirtland Air Force Base to the parcel conveyed under that subsection; and (2) access to utility services for the land and any improvements to the land conveyed under that subsection. (k) Additional Term and Conditions.--The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Air Force, may require any additional terms and conditions for the conveyance under subsection (a) that the Secretaries determine to be appropriate to protect the interests of the United States. SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION. (a) In General.--After the conveyance under section 3(a) has been completed, the Secretary of Energy shall, on request of the Secretary of the Air Force, transfer to the Secretary of the Air Force administrative jurisdiction over the parcel of approximately 7 acres of land identified as ``Parcel B'' on the map, including any improvements to the parcel. (b) Removal of Improvements.--In concurrence with the transfer under subsection (a), the Secretary of Energy shall, on request of the Secretary of the Air Force, arrange and pay for removal of any improvements to the parcel transferred under that subsection. | Lovelace Respiratory Research Institute Land Conveyance Act - Directs the Secretary of Energy to convey specified land identified as Parcel A (including any improvements) to the Lovelace Respiratory Research Institute in New Mexico only for research, scientific, or educational use. Requires the Secretaries of the Interior and Air Force to complete any real property actions, including the revocation of any federal withdrawals of Parcels A and B, that are necessary to allow the Secretary to convey Parcel A or to transfer administrative jurisdiction over Parcel B to the Secretary of the Air Force. Authorizes the Secretary of the Air Force to retain ownership and control of: (1) portions of the utility system and infrastructure on Parcel A; and (2) rights of access determined to be necessary to operate and maintain the utilities on such parcel. Requires the Institute to pay or reimburse costs incurred in the conveyance of Parcel A, including related survey costs. Instructs the Institute to take fee title to Parcel A and any improvements, as contaminated. Makes the Institute responsible for completing all environmental remediation required with respect to such parcel for all environmental conditions related to or arising from contamination. Directs the Secretary of the Air Force to provide the Institute with: (1) access for employees and invitees of the Institute across Kirtland Air Force Base to Parcel A; and (2) access to utility services for such parcel. Requires the Secretary of Energy to arrange and pay for the removal of any improvements made to Parcel B. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Centennial District Authorization Act of 2008''. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Centennial District in the Commonwealth of Pennsylvania was the site of an international exhibition to celebrate the Centennial of the United States in 1876; (2) held only 11 years after the end of the Civil War, the Centennial Exhibition was both a national celebration of unity and a recognition by the world community that the United States was emerging as the leading country in the world; (3) the Centennial Exhibition displayed 60,000 exhibits from more than 28 countries around the world in 240 buildings and hosted nearly 10,000,000 visitors, which is estimated to be nearly 25 percent of the population of the United States at the time of the Exhibition; (4) the Centennial Exhibition became the center of cultural, technological, economic, and geopolitical development in the United States by demonstrating groundbreaking innovations, including root beer, the telephone, kindergarten, the typewriter, the phonograph, and the monorail; (5) there are more than 100 United States companies that displayed at the Centennial Exhibition that are still in business today, including Bausch and Lomb, John Deere, Campbell's, Heinz, and Wyeth; (6) the Centennial District is located in Fairmount Park, which is listed on the National Register of Historic Places; (7) Memorial Hall, a centerpiece of the Centennial celebration is-- (A) listed on the National Register of Historic Places; and (B) being renovated to join other cultural institutions as an anchor for the Centennial District; and (8) the Centennial District would commemorate the historic significance of the Centennial celebration in the history of the United States. (b) Purposes.--The purposes of this Act are-- (1) to preserve and interpret for the educational and inspirational benefit of the public the contribution to the heritage of the United States of certain historic and cultural land in the Centennial Historic District, with an emphasis on harnessing the unique urban environment of the District for the educational and recreational values offered by the District; and (2) to enhance economic and cultural redevelopment in the District by preserving the history of the United States Centennial Celebration. SEC. 3. DEFINITIONS. In this Act: (1) City.--The term ``City'' means the City of Philadelphia, Pennsylvania. (2) Commission.--The term ``Commission'' means the Fairmount Park Commission. (3) District.--The term ``District'' means the Centennial Historic District established by section 4(a). (4) Management plan.--The term ``management plan'' means the plan prepared under section 5(b). (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior; or (B) the head of any Federal agency to which funds are appropriated to carry out this Act. SEC. 4. ESTABLISHMENT OF CENTENNIAL HISTORIC DISTRICT. (a) Establishment.--There is established in the City the Centennial Historic District. (b) Boundaries.--The District shall be comprised of land in the City under the jurisdiction of the Commission, the boundaries of which are depicted on map ``A'' of the maps entitled ``Fairmount Park's Proposed Centennial Authorization Boundary'' and dated December 2007. SEC. 5. ADMINISTRATION OF CENTENNIAL HISTORIC DISTRICT. (a) In General.--The Secretary may make grants to, and enter into cooperative agreements with, any State or local government agencies, any nonprofit entities designated by the Secretary to operate the District, and any leaseholders for-- (1) the preparation of the management plan; and (2) the implementation of projects approved by the Secretary under the management plan. (b) Management Plan.-- (1) In general.--The Secretary shall prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District. (2) Requirements.--The management plan shall include-- (A) an evaluation of-- (i) the condition of historic and architectural resources in the District; and (ii) the environmental conditions in the District; and (B) recommendations for-- (i) rehabilitating, reconstructing, and adaptively reusing the historic and architectural resources evaluated under subparagraph (A)(i); (ii) preserving viewsheds, focal points, and streetscapes in the District; (iii) establishing gateways to the District; (iv) establishing and maintaining parks and public spaces in the District; (v) developing public parking areas in the District; (vi) improving pedestrian and vehicular circulation in the District; and (vii) improving security in the District. (c) Restoration, Maintenance, and Interpretation.-- (1) In general.--The Secretary may enter into cooperative agreements with the City, any agents of the City, and designated partners within the District under which the Secretary may mark, interpret, improve, restore, and provide technical assistance with respect to the preservation and interpretation of any property of historical or cultural significance in the District, as identified in the management plan. (2) Requirements.--A cooperative agreement entered into under paragraph (1) shall contain provisions requiring that-- (A) the Secretary have the right of access at reasonable times to public portions of the property for interpretive and other purposes; and (B) no changes or alterations be made to the property unless the changes or alterations are approved by all parties to the cooperative agreement. (d) Capital Projects.-- (1) In general.--The Secretary shall provide financial assistance to projects for capital improvements in the District in accordance with this subsection. (2) Application.--To be eligible for financial assistance under paragraph (1), an entity shall submit to the Secretary an application that includes a description of the manner in which the proposed project would further the purposes of the District. (3) Considerations.--In making amounts available under this subsection, the Secretary shall-- (A) consider which proposed projects provide the greatest leverage of Federal funds; and (B) give priority consideration to projects relating to-- (i) providing gateways to, and signage for, the District; (ii) improving historical monuments in the District; (iii) maintaining public parks and spaces in the District; (iv) establishing a trail in the District; (v) maintaining and improving the lake in the District; (vi) providing streetscape and lighting for the Girard Gateway; (vii) improving pedestrian and vehicular traffic circulation and parking at the western end of the Centennial Exhibition grounds; and (viii) restoring Memorial Hall. (C) Conditions.--Any amounts provided under this subsection shall be subject to an agreement between the Secretary and the recipient of the financial assistance providing that if the project assisted is converted or disposed of for purposes contrary to the purposes of this Act, as determined by the Secretary, the United States shall be entitled to compensation from the recipient of the financial assistance in an amount that is equal to the greater of-- (i) the amount of any funds made available to the project under this Act; or (ii) the amount of the increased value of the project attributable to the funds made available to the project under this Act, as determined at the time of the conversion or disposal. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Secretary-- (1) $39,500,000 for capital projects under section 5(d); and (2) $5,500,000 for planning and technical assistance. (b) Cost-Sharing Requirements.--Amounts made available for projects under subsection (a)(1) shall not exceed 80 percent of the total cost of the project provided financial assistance. (c) Termination of Authority.--The authority to expend amounts made available under this Act shall expire 5 years after the date on which the amounts are appropriated. | Centennial District Authorization Act of 2008 - Establishes in the City of Philadelphia, Pennsylvania, the Centennial Historic District (District). Authorizes the Secretary of the Interior to make grants to, or enter into cooperative agreements with, state or local government agencies, nonprofit entities, and any leaseholders to administer the District. Directs the Secretary to: (1) prepare a plan for the development of historic, architectural, natural, cultural, recreational, and interpretive resources within the District; and (2) provide financial assistance for capital improvement projects in the District. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``San Francisco Bay Estuary Ecosystem Restoration Act of 2002''. SEC. 2. SAN FRANCISCO BAY ESTUARY ECOSYSTEM RESTORATION. (a) In General.--The Secretary of the Army, acting through the Chief of Engineers, may participate in critical restoration projects in the area of the San Francisco Bay estuary, California, and adjacent waters, including all watersheds that drain directly into San Francisco Bay. (b) Project Selection.-- (1) In general.--The Secretary may identify critical restoration projects in the area described in subsection (a) based on-- (A) recommendations of the Army Corps of Engineers under the San Pablo Bay watershed restoration program, including recommendations based on analyses conducted by Federal or non-Federal interests before the date of enactment of this Act; (B) recommendations of the California Department of Fish and Game consistent with the waterfowl habitat objectives of the Central Valley Habitat Joint Venture Implementation Plan; or (C) other studies to determine the feasibility of carrying out the critical restoration projects. (2) Criteria and procedures for review and approval.-- (A) In general.--The Secretary may develop criteria and procedures for prioritizing projects identified under paragraph (1). (B) Consistency with san pablo bay watershed restoration program.--The criteria and procedures developed under subparagraph (A) shall be consistent, to the maximum extent practicable, with the criteria and procedures for evaluating projects established under the San Pablo Bay watershed restoration program and outlined in the San Pablo Bay Watershed Restoration Framework Program Final Report, prepared for the Army Corps of Engineers and the State of California Coastal Conservancy, dated November 2000. (C) Consistency with central valley habitat joint venture implementation plan.--The criteria and procedures developed under subparagraph (A) shall also be consistent, to the maximum extent practicable, with the objectives and criteria for evaluating projects established under the Central Valley Habitat Joint Venture Implementation Plan prepared under the North American Waterfowl Management Plan, dated February 1990. Such projects may include the beneficial reuse of dredged material to restore exterior and interior levees, the installation of fish screens, and habitat enhancement critical to the management of seasonal and permanent waterfowl habitats on the Grizzly Island Wildlife Area in the Suisun Marsh. (D) Use of existing studies and plans.--In carrying out subparagraph (A), the Secretary shall use, to the maximum extent practicable, studies and plans in existence on the date of enactment of this Act to identify project needs and priorities. (3) Local participation.--In prioritizing projects for implementation under this section, the Secretary shall consult with, and consider the priorities of, public and private entities that are active in watershed planning and ecosystem restoration in San Francisco Bay estuary watersheds, including nonprofit organizations, watershed planning councils, and resource conservation districts. (c) Implementation.--The Secretary may carry out projects identified under subsection (a) after entering into an agreement with an appropriate non-Federal interest in accordance with section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this section. (d) Non-Federal Interest.--Notwithstanding the requirements of section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may serve, with the consent of the affected local government, as a non-Federal sponsor for a project undertaken pursuant to this section. (e) Cost Sharing.-- (1) In general.--Before carrying out any project under this section, the Secretary shall enter into a binding agreement with the non-Federal interest that shall require the non- Federal interest-- (A) to pay 35 percent of the total cost of the project; (B) to provide any lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary to carry out the project; and (C) to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the project. (2) Non-federal share.-- (A) In general.--The non-Federal share of the costs of the project may be provided in cash or in the form of services, materials, supplies, or other in-kind contributions. (B) Credit.--The Secretary shall credit the non- Federal interest-- (i) for the value of any lands, easements, rights-of-way, dredged material disposal areas, or relocations provided for carrying out the project; (ii) funds received from the CALFED Bay- Delta Program; and (iii) the cost of the design and construction work carried out by the non- Federal interest before the date of execution of a cooperation agreement for the project if the Secretary determines that the work is integral to the project. (f) Preservation of Existing Suisun Marsh Habitat Types.-- Consistent with habitat objectives of the Central Valley Habitat Joint Venture Implementation Plan under the North American Waterfowl Management Plan, funds appropriated to carry out this section shall not be used to convert more than 10 percent of existing Suisun Marsh seasonal and permanent wetland habitat types to tidal or other wetland types. (g) Definition.--For purposes of this section, the term ``critical restoration project'' means a project (including a project under the CALFED Bay-Delta program) that will produce immediate and substantial ecosystem restoration, preservation, and protection benefits. (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000, of which up to $20,000,000 shall be made available to critical restoration projects carried out under this section in the San Pablo Bay watershed and up to $10,000,000 shall made available to critical restoration projects carried out under this section on the Grizzly Island Wildlife Area in the Suisun Marsh. Not more than $10,000,000 may be used to carry out any single critical restoration project. | San Francisco Bay Estuary Ecosystem Restoration Act of 2002 - Authorizes the Secretary of the Army, acting through the Chief of Engineers, to participate in critical restoration projects in the area of the San Francisco Bay estuary, California, and adjacent waters, including all watersheds that drain directly into San Francisco Bay. Outlines project selection and cost-sharing requirements.Earmarks specified project funds for critical restoration projects: (1) in the San Pablo Bay watershed; and (2) on the Grizzly Island Wildlife Area in the Suisun Marsh. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Insurance Capital Standards Accountability Act of 2017''. SEC. 2. DEFINITIONS. In this Act-- (1) the term ``appropriate committees of Congress'' means-- (A) the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Financial Services of the House of Representatives; (2) the term ``Board of Governors'' means the Board of Governors of the Federal Reserve System; (3) the term ``Committee'' means the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues established under section 4(a); and (4) the term ``Secretary'' means the Secretary of the Treasury. SEC. 3. FINDINGS. Congress finds that the Secretary and the Board of Governors should-- (1) support increasing transparency at any global insurance or international standard-setting regulatory or supervisory forum in which the Secretary and the Board of Governors participate, including supporting and advocating for greater public observer access to working groups and committee meetings of the International Association of Insurance Supervisors; and (2) achieve consensus positions with State insurance regulators, through the National Association of Insurance Commissioners-- (A) if the Secretary and the Board of Governors take a position, or reasonably intend to take a position, with respect to an insurance proposal by a global insurance regulatory or supervisory forum; and (B) when the Secretary, the Board of Governors, and the National Association of Insurance Commissioners represent the United States in negotiations with respect to insurance issues before the International Association of Insurance Supervisors, the Financial Stability Board, or any other international forum of financial regulators or supervisors that considers insurance issues. SEC. 4. INSURANCE POLICY ADVISORY COMMITTEE. (a) Establishment.--The Board of Governors shall establish the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues. (b) Membership.--The Committee shall be composed of not more than 11 members, all of whom shall represent a diverse set of expert perspectives from the various sectors of the insurance industry of the United States, including individuals-- (1) from the fields of-- (A) life insurance; (B) property and casualty insurance; and (C) reinsurance; and (2) with experience serving as-- (A) agents and brokers; (B) academics; (C) consumer advocates; or (D) experts on issues facing underserved insurance communities and consumers. (c) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee or the activities of the Committee. SEC. 5. REQUIREMENTS FOR CONSENT TO ADOPT INTERNATIONAL CAPITAL INSURANCE STANDARDS. The Secretary and the Board of Governors may not agree to, accept, establish, enter into, or consent to the adoption of a final international capital insurance standard with an international standard-setting organization or a foreign government, authority, or regulatory entity unless-- (1) the Secretary and the Chair of the Board of Governors have, with respect to the text of the proposed final international capital insurance standard-- (A) published the text in the Federal Register; (B) made the text available for public comment for a period of not less than 30 days; and (C) submitted a copy of the text to the appropriate committees of Congress on a date on which both Houses of Congress are in session; (2) the international capital insurance standard is not inconsistent with capital requirements set forth in the State- based system of insurance regulation; and (3) if the international capital insurance standard will apply to a company supervised by the Board of Governors, the international capital insurance standard is not inconsistent with the capital requirements of the Board of Governors for that company. SEC. 6. REPORTS. (a) Reports and Testimony by Secretary of the Treasury and Chair of the Board of Governors of the Federal Reserve System.-- (1) In general.--The Secretary and the Chair of the Board of Governors, or their designees, shall submit to the appropriate committees of Congress an annual report, and provide annual testimony to those committees, relating to the efforts of the Secretary and the Chair, along with the National Association of Insurance Commissioners, with respect to global insurance regulatory or supervisory forums, including a description of-- (A) the insurance regulatory or supervisory standard-setting issues under discussion at international standard-setting bodies, including the Financial Stability Board and the International Association of Insurance Supervisors; (B) the effects that proposals discussed at international insurance regulatory or supervisory forums of insurance could have on consumer and insurance markets in the United States; (C) any position taken by the Secretary and the Board of Governors during international insurance discussions; and (D) the efforts by the Secretary and the Board of Governors to increase transparency at-- (i) the Financial Stability Board with respect to insurance proposals; and (ii) the International Association of Insurance Supervisors, including efforts to provide additional public access to working groups and committees of the International Association of Insurance Supervisors. (2) Termination.--This paragraph shall terminate on December 31, 2020. (b) Reports and Testimony by National Association of Insurance Commissioners.--The National Association of Insurance Commissioners may provide testimony to Congress on the issues described in subsection (a)(1). (c) Joint Report by the Chair of the Board of Governors of the Federal Reserve System and the Secretary of the Treasury.-- (1) In general.--Before supporting or consenting to the adoption of any final international insurance capital standard, the Secretary and the Chair of the Board of Governors shall, in consultation with the National Association of Insurance Commissioners, complete a study, and submit to Congress a report on the results of the study, with respect to the impact that the capital standard would have on consumers and markets in the United States. (2) Notice and comment.-- (A) Notice.--With respect to a report described in paragraph (1), the Secretary and the Chair of the Board of Governors shall, on the date on which the Secretary and the Chair begin drafting the report, provide notice to the appropriate committees of Congress that the Secretary and the Chair have begun drafting the report. (B) Opportunity for comment.--During the period beginning on the date on which a report is submitted to Congress under paragraph (1) and ending on the date that is 60 days after the date on which the report is submitted, the Secretary and the Chair of the Board of Governors shall provide an opportunity for public comment with respect to the report. (3) Review by comptroller general.--On the date on which the Secretary and the Chair of the Board of Governors submit to Congress a report under paragraph (1), the Secretary and the Chair shall submit to the Comptroller General of the United States a copy of the report for review by the Comptroller General. (d) Report on Reduction in Transparency.--Not later than 180 days after the date of enactment of this Act, the Chair of the Board of Governors and the Secretary, or their designees, shall submit to Congress a report, and provide testimony to Congress, with respect to the efforts of the Chair and the Secretary to increase transparency at meetings of the International Association of Insurance Supervisors. | International Insurance Capital Standards Accountability Act of 2017 This bill directs the Federal Reserve Board (FRB) to establish the Insurance Policy Advisory Committee on International Capital Standards and Other Insurance Issues. The bill prohibits the Department of the Treasury and the FRB from agreeing to an international capital insurance standard unless: (1) it meets specified notice and comment requirements, (2) it is consistent with current state-based capital requirements, and (3) it is consistent with any FRB capital requirements for an FRB-supervised company. Treasury and the FRB must: report annually on their efforts with the National Association of Insurance Commissioners regarding global insurance regulatory or supervisory forums, study an international insurance capital standard's impact on U.S. markets and consumers before agreeing to its adoption, and report on their efforts to increase transparency at meetings of the International Association of Insurance Supervisors. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Better Bracket Act of 1999''. (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) Section 15 Not To Apply.--No amendment made by section 2 shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN INDIVIDUAL INCOME TAX RATES. (a) General Rule.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $58,000............... 15% of taxable income. Over $58,000 but not over $104,050. $8,700, plus 28% of the excess over $58,000 Over $104,050 but not over $158,550. $21,594, plus 31% of the excess over $104,050 Over $158,550 but not over $283,150. $38,489, plus 36% of the excess over $158,550 Over $283,150.................. $83,345, plus 39.6% of the excess over $283,150 ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $47,000............... 15% of taxable income. Over $47,000 but not over $89,150. $7,050, plus 28% of the excess over $47,000 Over $89,150 but not over $144,400. $18,852, plus 31% of the excess over $89,150 Over $144,400 but not over $283,150. $35,979.50, plus 36% of the excess over $144,400 Over $283,150.................. $85,929.50, plus 39.6% of the excess over $283,150 ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 15% of taxable income. Over $35,000 but not over $62,450. $5,250, plus 28% of the excess over $35,000. Over $62,450 but not over $130,250. $12,936, plus 31% of the excess over $62,450. Over $130,250 but not over $283,150. $33,954, plus 36% of the excess over $130,250. Over $283,150.................. $88,998, plus 39.6% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $29,000............... 15% of taxable income. Over $29,000 but not over $52,025. $4,350, plus 28% of the excess over $29,000 Over $52,025 but not over $79,275. $10,797, plus 31% of the excess over $52,025 Over $79,275 but not over $141,575. $19,244.50, plus 36% of the excess over $79,275 Over $141,575.................. $41,672.50, plus 39.6% of the excess over $141,575 ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,700................ 15% of taxable income. Over $1,700 but not over $4,050 $255, plus 28% of the excess over $1,700 Over $4,050 but not over $6,200 $913, plus 31% of the excess over $4,050 Over $6,200 but not over $8,450 $1,579.50, plus 36% of the excess over $6,200 Over $8,450.................... $2,389.50, plus 39.6% of the excess over $8,450 (b) Conforming Amendments.-- (1) Subsection (f) of section 1 is amended-- (A) by striking ``1993'' in paragraph (1) and inserting ``1999'', (B) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (C) by striking paragraph (7). (2) The following provisions are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``1998''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. | Better Bracket Act of 1999 - Amends the Internal Revenue Code to revise the tax imposed and increase the amount of income subject to the 15 percent tax bracket for joint returns and surviving spouses, heads of households, other unmarried individuals, married individuals filing separately, and estates and trusts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Consumer Protection Act of 1995''. SEC. 2. CERTAIN HEALTH INSURANCE POLICIES NOT DUPLICATIVE UNDER MEDICARE. (a) In General.--Section 1882(d)(3)(A) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)) is amended to read as follows: ``(3)(A)(i) It is unlawful for a person to sell or issue a health insurance policy, other than a medicare supplemental policy, to an individual entitled to benefits under part A or enrolled under part B of this title with the knowledge that such policy substantially duplicates health benefits to which the individual is otherwise entitled under this title or title XIX. ``(ii) Clause (i) shall not apply to-- ``(I) a health insurance policy providing for benefits which are payable to or on behalf of an individual without regard to other health benefit coverage of such individual; or ``(II) a health insurance policy (or a rider to an insurance contract which is not a health insurance policy) providing benefits only for long-term care, nursing home care, home health care, or community-based care, or any combination thereof, that prevents duplication by coordinating against or excluding items and services available or paid for under this title, and such coordination or exclusion is disclosed in the policy's outline of coverage. For purposes of this subparagraph, a health insurance policy meeting the requirements of subclause (I) or (II) shall be deemed to be nonduplicative and a State may impose additional requirements with respect to duplication or nonduplication under clause (i) only for policies not meeting the requirements of such subclauses. ``(iii)(I) It is unlawful for a person to sell or issue a medicare supplemental policy to an individual entitled to benefits under part A or enrolled under part B of this title with the knowledge that such policy duplicates health benefits to which the individual is entitled under another medicare supplemental policy. ``(II) A seller (who is not the issuer) shall not be considered to have violated this subparagraph if the policy is sold in compliance with subparagraph (B) and the statement under subparagraph (B) indicates on its face that the sale of the policy will not duplicate health benefits to which the individual is otherwise entitled under another medicare supplemental policy. ``(iv) Whoever violates clause (i) or (iii) shall be fined under title 18, United States Code, or imprisoned not more than 5 years, or both, and, in addition to or in lieu of such a criminal penalty, is subject to a civil money penalty of not to exceed $25,000 (or $15,000 in the case of a person other than the issuer of the policy) for each such prohibited act. With respect to clause (iii), this clause shall not apply to a seller until such date as the Secretary publishes a list of the standardized benefit packages that may be offered consistent with subsection (p).''. (b) Modification of Certain Disclosure Requirements.--Section 1882(d)(3) of the Social Security Act (42 U.S.C. 1395ss(d)(3)) is amended-- (1) in subparagraph (C)-- (A) by striking clauses (ii) and (iii); (B) by striking ``(i)''; and (C) by striking the comma at the end and inserting a period; and (2) by striking subparagraph (D). (c) Effective Date and Other Rules.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect as if included in the enactment of section 4354 of the Omnibus Budget Reconciliation Act of 1990 (Public Law 101-508) (hereafter referred to as ``OBRA-1990'') on November 5, 1990. (2) Disclosure requirements.--Any amendment made by subsection (a) relating to disclosure requirements for certain health insurance policies shall take effect on the date that is 90 days after the date of the enactment of this Act. (3) No penalties.--No penalty shall be imposed under section 1882(d)(3)(A)(i) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)(i)) for any act or omission occurring after the effective date of the amendments made by section 4354 of OBRA- 90 and before the date of the enactment of this Act relating to any health insurance policy that-- (A) meets the requirements of section 1882(d)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)(ii)) (as amended by this Act), except that the disclosure requirement in subclause (II) of such section shall not apply; or (B) was sold or issued before the effective date of the amendments made by section 4354 of OBRA-90. (4) Limitation on legal action.--No legal action shall be permitted in any Federal or State court if such legal action-- (A) includes any cause of action which arose, or any act or omission which occurred, prior to the date of the enactment of this Act; (B) relates to the provisions of section 1882(d)(3)(A)(i) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)(i)) or any policy subject to the provisions thereof, with respect to the sale, issuance, or renewal of any health insurance policy; (C) was filed after the effective date of the amendments made by section 4354 of OBRA-1990; and (D) relates to any health insurance policy that-- (i) meets the requirements of section 1882(d)(3)(A)(ii) of the Social Security Act (42 U.S.C. 1395ss(d)(3)(A)(ii)) (as amended by this Act), except that the disclosure requirement in subclause (II) of such section shall not apply; or (ii) was sold or issued before the effective date of the amendments made by section 4354 of OBRA-90. (5) Exclusive remedies.--Notwithstanding any other provision of law, the remedies provided for in section 1882(d)(3) of the Social Security Act (42 U.S.C. 1395ss(d)(3)), as amended by this section, are the exclusive remedies available with respect to the non-duplication requirements described in such section. | Medicare Consumer Protection Act of 1995 - Revises title XVIII (Medicare) of the Social Security Act to modify the prohibition against selling or issuing a health insurance policy to an individual entitled to benefits under part A or enrolled under part B with the knowledge that such policy duplicates health benefits to which the individual is otherwise entitled under such title or title XIX (Medicaid). Exempts Medicare supplemental policies from such prohibition. Requires the duplication to be substantial before the prohibition applies. Makes such prohibition inapplicable to: (1) a health insurance policy providing for benefits payable to or on behalf of an individual without regard to other health benefit coverage of such individual; or (2) a health insurance policy, or a rider to an insurance contract which is not a health insurance policy, providing benefits only for long-term, nursing home, home health, or community-based care, or any combination thereof, that prevents duplication by coordinating against or excluding items and services available or paid for under medicare, and such coordination or exclusion is disclosed in the policy's outline of coverage. Modifies the prohibition against selling or issuing a Medicare supplemental policy to an individual entitled to benefits with the knowledge that such policy duplicates health benefits to which the individual is entitled under another Medicare supplemental policy. Declares that a seller (who is not the issuer) of such a policy shall not be considered to have violated this prohibition if the policy is sold in compliance with specified requirements and the statement indicates on its face that the sale will not duplicate health benefits to which the individual is otherwise entitled under another Medicare supplemental policy. Repeals: (1) the exemption from such prohibition of certain group policies or plans sold or issued to employees or former employees or members or former members of labor organizations; and (2) specified disclosure requirements with respect to duplication of benefits. Sets forth provisions regarding: (1) limitations on legal actions including causes of action that arose before specified dates; and (2) exclusivity of remedies available with respect to this Act's non-duplication requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2016''. SEC. 2. TRANSFER OF LAND IN TRUST FOR SANTA YNEZ BAND OF CHUMASH MISSION INDIANS. (a) Transfer and Administration.-- (1) Transfer of lands into trust.--If the Tribe transfers title to the land described in subsection (b) to the United States, the Secretary shall take that land into trust for the benefit of the Tribe, subject to valid existing rights and to the terms relating to an easement as set forth in the stipulated judgment in Willard W. Shepherd v. Fess Parker Ranch LLC filed in the Superior Court of the State of California for the County of Santa Barbara on January 26, 2004. (2) Administration.--The land transferred under paragraph (1) shall be part of the Santa Ynez Indian Reservation and administered in accordance with the laws and regulations generally applicable to land held in trust by the United States for an Indian tribe. (3) Effect.--For purposes of certain California State laws (including the California Land Conservation Act of 1965, Government Code Section 51200, et seq.), placing the land described in subsection (b) into trust shall remove any restrictions on the property pursuant to California Government Code Section 51295 or any other provision of such Act. (b) Legal Description of Lands Transferred.--The lands to be transferred pursuant to this Act are described as follows: Legal Land Description/Site Location: Real property in the unincorporated area of the County of Santa Barbara, State of California, described as follows: PARCEL 1: (APN: 141-121-51 AND PORTION OF APN 141-140-10) LOTS 9 THROUGH 18, INCLUSIVE, OF TRACT 18, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105580 OF OFFICIAL RECORDS. PARCEL 2: (PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 24, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105581 OF OFFICIAL RECORDS. PARCEL 3: (PORTIONS OF APNS: 141-230-23 AND 141-140-10) LOTS 19 AND 20 OF TRACT 18 AND THAT PORTION OF LOTS 1, 2, 7, 8, 9, 10, AND 15 THROUGH 20, INCLUSIVE, OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105582 OF OFFICIAL RECORDS. PARCEL 4: (APN: 141-240-02 AND PORTION OF APN: 141-140-10) LOTS 1 THROUGH 12, INCLUSIVE, OF TRACT 25, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105583 OF OFFICIAL RECORDS. PARCEL 5: (PORTION OF APN: 141-230-23) THAT PORTION OF LOTS 3 AND 6 OF TRACT 16, IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AS SHOWN ON THE MAP SHOWING THE SUBDIVISIONS OF THE CANADA DE LOS PINOS OR COLLEGE RANCHO, FILED IN RACK 3, AS MAP 4 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THAT LIES NORTHEASTERLY OF THE NORTHEASTERLY LINE OF THE LAND GRANTED TO THE STATE OF CALIFORNIA BY AN EXECUTOR'S DEED RECORDED APRIL 2, 1968 IN BOOK 2227, PAGE 136 OF OFFICIAL RECORDS OF SAID COUNTY. THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 5, 2001 AS INSTRUMENT NO. 01-105584 OF OFFICIAL RECORDS. (c) Rules of Construction.--Nothing in this Act shall-- (1) enlarge, impair, or otherwise affect any right or claim of the Tribe to any land or interest in land that is in existence before the date of the enactment of this Act; (2) affect any water right of the Tribe in existence before the date of the enactment of this Act; or (3) terminate or limit any access in any way to any right- of-way or right-of-use issued, granted, or permitted before the date of the enactment of this Act. (d) Restricted Use of Transferred Lands.--The Tribe may not conduct, on the land described in subsection (b) taken into trust for the Tribe pursuant to this Act, gaming activities-- (1) as a matter of claimed inherent authority; or (2) under any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and regulations promulgated by the Secretary or the National Indian Gaming Commission under that Act. (e) Definitions.--For the purposes of this section: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (2) Tribe.--The term ``Tribe'' means the Santa Ynez Band of Chumash Mission Indians. | Santa Ynez Band of Chumash Mission Indians Land Transfer Act of 2016 (Sec. 2) This bill directs the Department of the Interior to take specified lands in Santa Barbara County, California, into trust for the Santa Ynez Band of Chumash Mission Indians, subject to valid existing rights and to the terms in a certain stipulated judgment relating to a specified easement, if the Tribe transfers title to that land to the United States. (Placing that land into trust removes certain restrictions on the property under California law.) The transferred land shall become part of the Santa Ynez Indian Reservation. No gaming may be conducted on the land. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``STEM Education Innovation Act of 2011''. SEC. 2. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION WITHIN THE DEPARTMENT OF EDUCATION. (a) Assistant Secretary.--Section 202 of the Department of Education Organization Act (20 U.S.C. 3412) is amended in subsection (b)(1)-- (1) in subparagraph (E) by striking ``and'' at the end; (2) by redesignating subparagraph (F) as (G); and (3) by inserting after subparagraph (E) the following: ``(F) an Assistant Secretary for Science, Technology, Engineering, and Mathematics Education (in this Act referred to as the `Assistant Secretary for STEM Education'); and''. (b) Office.--Title II of the Department of Education Organization Act is amended by adding at the end the following: ``SEC. 221. OFFICE OF SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. ``(a) In General.--There shall be in the Department of Education an Office of Science, Technology, Engineering, and Mathematics Education (in this section referred to as the `Office of STEM Education'), to be administered by the Assistant Secretary for STEM Education appointed under section 202(b). ``(b) Responsibilities.--The Assistant Secretary of STEM Education, acting through the Office, shall serve as the principal advisor to the Secretary on matters affecting science, technology, engineering, and math education, and shall administer such functions representing STEM education, including the coordination of STEM activities and programs across Federal agencies. ``(c) Evaluation and Report.--The Assistant Secretary for STEM Education shall conduct an independent evaluation, through grant or by contract, of the STEM education programs administered by the Department, at least every 5 years, which shall include-- ``(1) conducting an assessment of STEM education activities within the Department by using the evaluations and reports of these programs to determine these programs' impact on-- ``(A) the quantity of students taking advanced placement in STEM areas and seeking STEM degrees; ``(B) student academic achievement in mathematics and science; and ``(C) the increased number of highly qualified STEM teachers; and ``(2) the preparation and submission of a report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions and the Committee on Science of the Senate, the Committee on Education and the Workforce and the Committee on Science and Technology of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. ``(d) Authorization of Appropriations.--There are authorized to be appropriated $1,500,000 to carry out this section for fiscal year 2013 and such sums as may be necessary for each fiscal year thereafter.''. SEC. 3. EDUCATION INNOVATION PROJECT. Title II of the Department of Education Organization Act is further amended by adding at the end the following: ``SEC. 221. EDUCATION INNOVATION PROJECT. ``(a) Establishment.--There shall be in the Department an Education Innovation Project (referred to in this section as `EIP'). ``(b) Purposes.--EIP is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by-- ``(1) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; ``(2) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; ``(3) developing, testing, and evaluating the impact and efficacy of those technologies; ``(4) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; ``(5) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and ``(6) encouraging educational research using new technologies and the data produced by the technologies. ``(c) Authorities of Secretary.--The Secretary is authorized to-- ``(1) appoint a Director, who shall be responsible for carrying out the purposes of EIP, as described in subsection (b), and such additional functions as the Secretary may prescribe; ``(2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is-- ``(A) tailored to the purposes of EIP and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and ``(B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; ``(3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); ``(4) make appointments of up to 20 scientific, engineering, professional, and other mission-related employees, for periods of up to 4 years (which appointments may not be renewed) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; ``(5)(A) prescribe the rates of basic pay for the personnel described in paragraph (4) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376 of title 5, United States Code, notwithstanding any provision of that title governing the rates of basic pay or classification of employees in the executive branch, but those personnel shall not receive any payment for service (such as an award, premium payment, incentive payment or bonus, allowance, or other similar payment) under any other provision of that title; and ``(B) pay any employee appointed pursuant to paragraph (4) payments in addition to that basic pay, except that the total amount of those payments for any calendar year shall not exceed the lesser of-- ``(i) $25,000; or ``(ii) the difference between the employee's annual rate of basic pay under paragraph (4) and the annual rate for level I of the Executive Schedule under section 5312 of title 5, United States Code, based on the rates in effect at the end of the applicable calendar year (or, if the employee separated during that year, on the date of separation); ``(6) obtain independent, periodic, rigorous evaluations, as appropriate, of-- ``(A) the effectiveness of the processes EIP is using to achieve its purposes; and ``(B) the effectiveness of individual projects assisted by EIP, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by EIP for further investment or increased scale; and ``(7) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 (20 U.S.C. 9602), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other means as the Secretary determines to be appropriate, information on effective practices and technologies developed with EIP support. ``(d) Evaluation Funds.--The Secretary may use funds made available for EIP to pay the cost of the evaluations under subsection (c)(6). ``(e) Federal Advisory Committee Act.--Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of `employee' in section 2105 of title 5, United States Code, shall not be considered to include any appointee to such a committee. ``(f) Nonduplication.--To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of EIP do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies.''. SEC. 4. STATE CONSORTIUM ON SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS EDUCATION. (a) In General.--From amounts made available to carry out this section, the Secretary of Education, acting through the Office of STEM Education, shall award competitive grants to eligible consortia to enable each such eligible consortium to establish a State Consortium on Science, Technology, Engineering, and Mathematics Education (which may be referred to in this section as a ``State Consortium on STEM Education''). (b) Eligible Consortium Defined.--In this section, the term ``eligible consortium'' means a State-based STEM council, network, group, or advisory board which includes the participation of State officials, educators, administrators, parents, business leaders, and representatives from the science and engineering communities who have formed to increase student achievement in the STEM areas in their State. (c) Peer Review and Selection.--The Secretary shall-- (1) establish a peer-review process to assist in the review and approval of the grant proposals submitted by eligible consortia under this section; and (2) with the assistance of the peer-review process, approve grants from the grant proposals submitted under this section not later than 120 days after the deadline for submission of such proposals established by the Secretary, unless the Secretary determines that the grant proposals submitted do not meet the requirements of this section. (d) Total Amount of Grants.--The total amount of grants made under this section in any fiscal year may not exceed $20,000,000. (e) Use of Grant Funds.--Each eligible consortium receiving a grant under this section shall use the grant funds awarded under this section to establish a State consortium on STEM education to carry out the following: (1) To support at least one full-time staff member for each State. (2) To test, validate, share, and scale STEM education research, promising practices, and exemplary programs among members of the consortium and with other State consortia on STEM education established under this section. (3) To identify points of weakness and strength among State STEM education efforts, prioritize strategies for addressing problem areas, and communicate State needs to the STEM Education Committee within the OSTP and the Assistant Secretary for STEM Education. (4) To assist in the implementation of rigorous common content standards in mathematics and science education for grades prekindergarten through grade 12, which reflect common elements between such disciplines and take into consideration-- (A) established international standards and 21st century skills; and (B) the needs of English language learners and special education students. (5) To assist and support, the development and implementation of innovative STEM assessments based on common content standards in mathematics and science. (6) To promote and develop curriculum tools and professional development for in-service STEM teachers that foster innovation and inventiveness. (7) To develop STEM Career Awareness Programs in collaboration with school guidance counselors that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (8) To develop STEM-related workforce education and training programs to enhance the skills of workers to meet the needs of business and industry. (f) Matching Requirement.--In order to receive a grant under this section, an eligible consortium shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. (g) Evaluation and Report.--Each State Consortium on STEM Education established under this section shall-- (1) conduct periodic independent evaluations, by grant or by contract, of the State Consortium on STEM Education's effectiveness at accomplishing the activities described in subsection (e), which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Assistant Secretary of STEM Education. (h) Prohibitions.--In implementing this section, the Secretary may not-- (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school or secondary school; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. (i) Definitions.--In this section: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term ``Office of STEM Education'' means the Office of Science, Technology, Engineering, and Mathematics Education of the Department of Education. (3) The term ``OSTP'' means the Office of Science and Technology Policy in the Executive Office of the President. (4) The term ``Secretary'' means the Secretary of Education. (5) The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term ``STEM'' means science, technology, engineering, and mathematics. | STEM Education Innovation Act of 2011 - Amends the Department of Education Organization Act to establish the Office of Science, Technology, Engineering, and Mathematics (STEM) Education within the Department of Education to administer STEM education. Directs the Office of STEM Education to conduct an independent evaluation of the Department's STEM Education programs at least once every five years. Establishes an Education Innovation Project within the Department to pursue breakthrough research and development in educational technology, and facilitate the effective use of that technology to improve student achievement. Directs the Office of STEM Education to award competitive matching grants to consortia of state-based STEM stakeholders that enable each of them to establish a state consortium on STEM education. Require each consortium to: (1) promote STEM education research and best practices; (2) address deficiencies in state STEM education efforts and communicate state needs to the federal government; (3) support the implementation of rigorous common content standards in mathematics and science education, and the development of innovative STEM assessments based on those standards; (4) promote and develop curriculum tools and training for in-service STEM teachers; (5) develop STEM Career Awareness Programs; and (6) develop STEM-related workforce education and training programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Saving Fishing Jobs Act of 2011''. SEC. 2. APPROVAL OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. (a) Eligibility To Sign Petition.--Section 303A(c)(6)(B) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(B)) is amended by striking ``For multispecies permits'' and all that follows through ``this subparagraph''. (b) Initiation by Eligible Fishermen Under Certain Councils.-- Section 303A(c)(6)(D) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a(c)(6)(D)) is amended to read as follows: ``(D) New england, mid-atlantic, south atlantic, and gulf initiation.-- ``(i) In general.--In the case of a fishery under the authority of the New England, Mid- Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, a fishery management plan or an amendment to a fishery management plan that would establish a limited access privilege program to harvest fish may not take effect unless-- ``(I) a petition requesting development of such program is submitted in accordance with clause (ii) and certified under clause (iii); ``(II) the Council makes available to eligible fishermen an estimate of the amount of the fee that would be collected under section 304(d)(2) if such program were established; and ``(III) not earlier than 90 days after the estimate required under subclause (II) has been made available, the proposed plan or amendment is approved by a vote of two-thirds of eligible fishermen in the fishery for which the program would be established. ``(ii) Petition.--A group of fishermen constituting more than 50 percent of eligible fishermen in a fishery may submit a petition to the Secretary requesting the development of a limited access privilege program for the fishery. Any such petition shall clearly state the fishery to which the limited access privilege program would apply. ``(iii) Certification by secretary.--Upon the receipt of any such petition, the Secretary shall review all of the signatures on the petition and, if the Secretary determines that the signatures on the petition are those of more than 50 percent of eligible fishermen in the fishery for which the program would be established, the Secretary shall certify the petition. ``(iv) Definition of eligible fishermen.-- For purposes of this subparagraph, the term `eligible fishermen' means holders of permits issued under a fishery management plan.''. SEC. 3. TERMINATION OF CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 303A of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is amended by adding at the end the following: ``(j) Termination.-- ``(1) In general.--The Secretary shall terminate a limited access privilege program established after the date of the enactment of the Saving Fishing Jobs Act of 2011 for a fishery under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council, on the first date on which the Secretary determines that the number of eligible fishermen in the fishery in a year is at least 15 percent less than the number of eligible fishermen in the fishery in the year preceding the year in which the program was established. ``(2) Definition of eligible fishermen.--In this subsection, the term `eligible fishermen' has the meaning given the term in subsection (c)(6)(D)(iv).''. SEC. 4. FEES RECOVERED FOR CERTAIN LIMITED ACCESS PRIVILEGE PROGRAMS. Section 304(d)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1854(d)(2)) is amended by adding at the end the following: ``(D) In the case of a fee collected under subparagraph (A) for a limited access privilege program established under section 303A(c)(6)(D) after the date of the enactment of the Saving Fishing Jobs Act of 2011-- ``(i) the fee shall be in an amount sufficient to recover all costs of such program, including observer costs; and ``(ii) the 3-percent limitation in subparagraph (B) shall not apply with respect to such fee.''. | Saving Fishing Jobs Act of 2011 - Amends the Magnuson-Stevens Fishery Conservation and Management Act, with respect to multispecies fishing permits in the Gulf of Mexico, to remove a provision limiting the eligible signers (a group of fishermen constituting more than 50% of the permit holders, or holding more than 50% of the allocation in the fishery) of a petition to the Secretary of Commerce requesting that the relevant Regional Fishery Management Council or Councils be authorized to initiate the development of a limited access privilege program to only those participants who have substantially fished the species proposed to be included in the program. Sets forth procedures for: (1) certifying a fishery management plan (or amendment) requested by a percentage of eligible fisherman to establish a limited access privilege program to harvest in fisheries under the authority of the New England, Mid-Atlantic, South Atlantic, or Gulf of Mexico Fishery Management Council; (2) terminating such a program established after enactment of this Act for a fishery under the authority of such Councils on the first date the number of eligible fishermen in the fishery in a year is at least 15% less than in the year preceding the program's establishment; and (3) collecting fees, including observer costs, pursuant to modified fee-setting requirements for such programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Distance Education and Online Learning Act of 2003''. SEC. 2. STUDENT ELIGIBILITY. Section 484(l)(1) of the Higher Education Act of 1965 (20 U.S.C. 1091(l)(1)) is amended-- (1) in subparagraph (A)-- (A) by striking ``in whole or in part'' and inserting ``predominantly''; (B) by striking ``of 1 year or longer''; and (C) by striking ``unless'' and all that follows through ``all courses at the institution''; and (2) by amending subparagraph (B) to read as follows: ``(B) Requirement.--An institution of higher education referred to in subparagraph (A) is an institution of higher education that is not an institution or school described in section 3(3)(C) of the Carl D. Perkins Vocational and Technical Education Act of 1998.''. SEC. 3. DEFINITION OF ELIGIBLE PROGRAM. Section 481(b) of the Higher Education Act of 1965 (20 U.S.C. 1088(b)) is amended by adding at the end the following: ``(3)(A) A program that is offered predominantly through distance education methods and processes (other than correspondence courses) is an eligible program for purposes of this title if-- ``(i) the program was reviewed and approved by an accrediting agency or association that-- ``(I) is recognized by the Secretary under subpart 2 of part H; and ``(II) has evaluation of distance education programs within the scope of its recognition; and ``(ii) the institution offering the program-- ``(I) has not had its participation in programs under this title limited, suspended, or terminated within the preceding 5 years; ``(II) has not had or failed to resolve an audit finding or program review finding under this Act during the preceding 2 years that resulted in the institution being required to repay an amount that is greater than 10 percent of the total funds the institution received under the programs authorized by this title for any award year covered by the audit or program review; ``(III) has not been found by the Secretary during the preceding 5 years to be in material noncompliance with the provisions of this Act related to the submission of acceptable and timely audit reports required under this title; and ``(IV) is determined to be financially responsible under regulations promulgated by the Secretary pursuant to section 498(c). ``(B) If the accreditation agency or association withdraws approval of the program described in subparagraph (A)(i) or the institution fails to meet any of the requirements described in subparagraph (A)(ii), then the program shall cease to be an eligible program at the end of the award year in which such withdrawal of approval or failure to meet such requirements occurs. The program shall not be an eligible program until the provisions of subparagraph (A) (i) and (ii) are met again. ``(4) The Secretary shall promulgate regulations for determining whether a program that offers a degree or certificate on the basis of a competency assessment, that examines the content of the course work provided by the institution of higher education, is an eligible program for purposes of this title.''. SEC. 4. RECOGNITION OF ACCREDITING AGENCY OR ASSOCIATION. Section 496 of the Higher Education Act of 1965 (20 U.S.C. 1099b) is amended-- (1) in subsection (n)(3), by striking the last sentence and inserting the following: ``If the agency or association requests that the evaluation of institutions offering distance education programs be included within its scope of recognition, and demonstrates that the agency or association meets the requirements of subsection (p), then the Secretary shall include the accreditation of institutions offering distance education programs within the agency's or association's scope of recognition.''; and (2) by adding at the end the following: ``(p) Distance Education Programs.--An agency or association that seeks to evaluate the quality of institutions offering distance education programs within its scope of recognition shall, in addition to meeting the other requirements of this subpart, demonstrate to the Secretary that the agency or association assesses-- ``(1) measures of student achievement of students enrolled in distance education programs; ``(2) the preparation of faculty and students to participate in distance education programs; ``(3) the quality of interaction between faculty and students in distance education programs; ``(4) the availability of learning resources and support services for students in distance education programs; and ``(5) measures to ensure the integrity of student participation in distance education programs.''. | Distance Education and Online Learning Act of 2003 - Amends the Higher Education Act of 1965 to revise title IV student assistance requirements for distance education courses and programs with respect to student eligibility, eligible programs, and criteria for recognition of accrediting agencies that evaluate institutions of higher education offering such programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Victims of Fraud Act of 2016''. SEC. 2. FINDINGS. The Congress finds the following: (1) The Bureau of Consumer Financial Protection found that Wells Fargo management implemented sales incentives, including an incentive-compensation program, in part to increase the number of banking products and services that its employees sold to its customers. (2) The Bureau of Consumer Financial Protection found that Wells Fargo employees engaged in improper sales practices to satisfy sales goals under Wells Fargo's incentive compensation program, including opening as many as 1,534,280 checking accounts and 565,443 credit card accounts using consumers' information without their knowledge or consent between May 2011 and July 2015. (3) Wells Fargo successfully claimed in Jabbari v. Wells Fargo that customers had signed away their rights to hold Wells Fargo accountable in court for claims of fraud because those customers were bound to a forced arbitration clause for their legitimate accounts. (4) After Wells Fargo publicly entered a settlement with Federal regulators for the opening of thousands of unauthorized customer accounts, Wells Fargo claimed in Mitchell et. al. v. Wells Fargo et. al. that customers' fraud claims must continue to be forced into arbitration. (5) Several courts have determined that despite claims of fraud over unauthorized accounts opened without customer knowledge or consent, those customers are still bound by contracts forcing those claims into arbitration based on the courts' interpretation of the Federal Arbitration Act. (6) The Federal Arbitration Act (now codified as chapter 1 of title 9, United States Code) was intended to apply to disputes between commercial entities of generally similar sophistication and bargaining power, but a series of decisions by the Supreme Court of the United States have interpreted the Federal Arbitration Act as applicable to claims of fraud. (7) Consumers have no meaningful choice whether to submit their claims to arbitration and are typically unaware that they have given up their rights to file claims in court. SEC. 3. ARBITRATION OF CONSUMER DISPUTES RELATED TO CREDIT CARD ACCOUNTS. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at the end the following (and the table of contents for such chapter is conformed accordingly): ``Sec. 140B. Validity and enforceability ``(a) Definitions.--In this section-- ``(1) the term `covered dispute' means a dispute that is not subject to a final judgment by a court; and ``(2) the term `predispute arbitration agreement' means any agreement between a person and a consumer providing for arbitration of any future dispute between the parties. ``(b) Validity and Enforceability.--No predispute arbitration agreement shall be valid or enforceable in a covered dispute that is related to a credit card that was not issued in response to a request or application for that credit card account. ``(c) Applicability.--The applicability of this section to a predispute arbitration agreement shall be determined by a State or Federal court of competent jurisdiction.''. SEC. 4. ARBITRATION OF CONSUMER DISPUTES RELATED TO COVERED ACCOUNTS. The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is amended by inserting after section 920 (15 U.S.C. 1693o-2) the following: ``SEC. 920A. VALIDITY AND ENFORCEABILITY. ``(a) Definitions.--In this section-- ``(1) the term `covered account'-- ``(A) means a demand deposit, savings deposit, or other asset account (other than an occasional or incidental credit balance in an open end credit plan as defined in section 103(i)), as described in regulations of the Bureau, established primarily for personal, family, or household purposes, including demand accounts, time accounts, negotiable order of withdrawal accounts, and share draft accounts; and ``(B) does not include an account held by a financial institution pursuant to a bona fide trust agreement; ``(2) the term `covered dispute' means a dispute that is not subject to a final judgment by a court; and ``(3) the term `predispute arbitration agreement' means any agreement between a financial institution and a consumer providing for arbitration of any future dispute between the parties. ``(b) Validity and Enforceability.--No predispute arbitration agreement shall be valid or enforceable in a covered dispute that is related to a covered account that was not issued in response to a request or application for that covered account. ``(c) Applicability.--The applicability of this section to a predispute arbitration agreement shall be determined by a State or Federal court of competent jurisdiction.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in the amendments made by this Act shall be construed-- (1) to authorize the imposition of a requirement to submit a dispute to arbitration; or (2) to restrict any court from ruling that a requirement to submit a dispute to arbitration is invalid or unenforceable. | Justice for Victims of Fraud Act of 2016 This bill amends the Truth in Lending Act and the Electronic Fund Transfer Act to prohibit predispute arbitration agreements with consumers (i.e., agreements to arbitrate any future disputes between parties instead of pursuing the claims in court) from being valid or enforceable in disputes related to credit card accounts or personal bank accounts that are not subject to a final judgment by a court if the credit card or bank account was not issued in response to a request or application for that account. The bill excludes from this prohibition accounts held by a financial institution pursuant to a bona fide trust agreement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Telecommunications Merger Review Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) A stated intent of the Congress in enacting the Telecommunications Act of 1996 was to reduce regulation. (2) Under existing law, the Department of Justice and the Federal Trade Commission exercise primary authority to review all mergers, including telecommunications industry mergers. The Federal Communications Commission has only limited authority under the Clayton Act to review telecommunications industry mergers. (3) The Department of Justice and the Federal Trade Commission have extensive expertise in analyzing issues of industry concentration and its effects on competition. The Federal Communications Commission has only limited expertise in analyzing such issues. (4) Notwithstanding the limitations on its Clayton Act jurisdiction and on its substantive expertise, the Federal Communications Commission exercises broad authority over telecommunications industry mergers pursuant to the nonspecific public interest standard and other provisions in the Communications Act of 1934 that allow it to impose terms and conditions on the assignment and transfer of licenses and other authorizations. (5) The Federal Communications Commission's exercise of broad authority over telecommunications industry mergers overreaches its intended statutory authority and its substantive expertise and produces delay and inconsistency in its decisions. (6) Under existing law, parties to a proposed telecommunications industry merger are unable to proceed without the prior approval of the Federal Communications Commission, even if the Department of Justice or the Federal Trade Commission have already approved the merger. (7) The Federal Communications Commission's existing rulemaking and enforcement prerogatives constitute normal and effective means of assuring that all licensees, including parties to a telecommunications industry merger, operate in the public interest. (8) The primary jurisdiction and preeminent expertise of the Department of Justice and the Federal Trade Commission on all matters involving industry concentration and its effects on competition, combined with the Federal Communications Commission's existing rulemaking and enforcement prerogatives, make the exercise of separate telecommunications industry merger approval authority by the Federal Communications Commission unnecessary. (9) Because the duplication of effort, inconsistency, and delay resulting from the Federal Communications Commission's review of telecommunications industry mergers is unnecessary, it imposes unwarranted costs on the industry, on the Commission, and on the public, and it fails to serve the public interest. SEC. 3. REPEAL OF MERGER APPROVAL AUTHORITY. Section 11(a) of the Clayton Act (15 U.S.C. 21(a)) is amended by striking ``in the Federal Communications Commission where applicable to common carriers engaged in wire or radio communication or radio transmission of energy;''. SEC. 4. REPEAL OF AUTHORITY TO CONDITION LICENSES, ETC. (a) Basic Administrative Authority.--Section 4(i) of the Communications Act of 1934 (15 U.S.C. 154(i)) is amended by adding at the end thereof the following: ``The authority of the Commission to impose terms or conditions on the transfer or assignment of any license or other authorization assigned or transferred in a merger or other transaction subject to review by the Department of Justice or the Federal Trade Commission is subject to section 314.''. (b) Public Convenience and Necessity.--Section 214(c) of the Communications Act of 1934 (47 U.S.C. 214(c)) is amended by inserting after ``require.'' the following: ``The authority of the Commission to impose terms or conditions on the transfer or assignment of any such certificate assigned or transferred in a merger or other transaction subject to review by the Department of Justice or the Federal Trade Commission is subject to section 314.''. (c) Restrictions and Conditions Necessary To Carry Out 1934 Act; Treaties; International Conventions.--Section 303(r) of the Communications Act of 1934 (47 U.S.C. 303(r)) is amended by adding at the end thereof the following: ``The authority of the Commission under this paragraph to impose terms or conditions on the transfer or assignment of any license or other authority assigned or transferred in a merger or other transaction subject to review by the Department of Justice or the Federal Trade Commission is subject to section 314.''. (d) Alien-Operated Amateur Radio Stations.--Section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d)) is amended by adding at the end thereof the following: ``The authority of the Commission to impose terms or conditions on the transfer or assignment of any authorization issued under this section that is assigned or transferred in a merger or other transaction subject to review by the Department of Justice or the Federal Trade Commission is subject to section 314.''. (e) Preservation of Competition in Commerce.--Section 314 of the Communications Act of 1934 (47 U.S.C. 314) is amended to read as follows: ``SEC. 314. PRESERVATION OF COMPETITION IN COMMERCE. ``(a) In General.--Notwithstanding any other provision of law, the Commission has no authority to review a merger or other transaction, or to impose any term or condition on the assignment or transfer of any license or other authorization issued under this Act that is proposed to be assigned or transferred in the course of a merger or other transaction, while that merger or other transaction is subject to review by either the Department of Justice or the Federal Trade Commission. ``(b) Communications Mergers Primarily Reviewable by DOJ and FTC.-- The Department of Justice, or the Federal Trade Commission, has primary authority under existing law to review mergers and other transactions involving the proposed assignment or transfer of any license or other authorization issued under this Act. The Commission may file comments in any proceeding before the Department of Justice or the Federal Trade Commission to review a merger or other transaction involving the proposed assignment or transfer of any license or other authorization issued under this Act if those comments reflect the views of a majority of the Commission. ``(c) Commission Shall Implement DOJ or FTC Decision Without Additional Terms or Conditions.--If-- ``(1) the Department of Justice or the Federal Trade Commission reviews a merger or other transaction involving the proposed assignment or transfer of any license or other authorization issued under this Act; and ``(2) it issues a written decision of absolute or conditional approval of, or issues a written statement of nonintervention in, the proposed merger or other transaction, then the Commission shall authorize the assignment or transfer of any license or other authorization involved in the merger or transaction in accordance with the decision, if any, or as proposed, if a written statement of nonintervention is issued. The Commission may not impose any other term or condition on the assignment or transfer of the license or other authorization so assigned or transferred, or impose any other obligation on any party to that merger or transaction. ``(d) Commission Review of Mergers Absent DOJ or FTC Pronouncement.-- ``(1) In general.--The Commission may not review any application for assignment or transfer of a license or other authorization issued under this Act in connection with a merger or other transaction unless neither the Department of Justice nor the Federal Trade Commission issues a decision or statement described in subsection (c)(2) in connection with that merger or other transaction. ``(2) 60-day turnaround.--The Commission shall conclude any review of a merger or other transaction it may conduct under paragraph (1) within 60 days after the date on which the Department of Justice and the Federal Trade Commission, whichever is appropriate, issues such a decision or statement. ``(3) Presumption; default approval.--In reviewing an application under paragraph (1), the Commission shall apply a presumption in favor of unconditional approval of the application. If the Commission fails to issue a final decision within the 60-day period described in paragraph (2), the application shall be deemed to have been granted unconditionally by the Commission.''. | Amends the Communications Act of 1934 (the Act) to mandate that the FCC has no authority to review a merger or other transaction (merger), or to impose any term or condition on the assignment or transfer of any license or other authorization (license) issued under the Act that is proposed to be assigned or transferred in the course of a merger, while that merger is subject to review by either the Department of Justice (DOJ) or the Federal Trade Commission (FTC). Empowers DOJ and FTC with primary authority to review mergers involving the proposed assignment or transfer of any license issued under the Act. Authorizes the FCC to file comments in any such proceeding. States that, if DOJ or FTC reviews a merger and issues either a written decision of approval or a written statement of nonintervention in such merger, then the FCC shall authorize the assignment or transfer of any license involved therein. Prohibits the FCC from imposing any other term or condition on the assignment or transfer of such license, or imposing any other obligation on any party to such merger. Prohibits the FCC from reviewing any application for assignment or transfer of a license issued under the Act in connection with a merger unless neither DOJ nor the FTC issues a decision or statement in connection with such merger. Requires the FCC to conclude any review so conducted within 60 days after DOJ or FTC issues such a decision or statement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Consumer Credit Score Disclosure Act of 2001''. SEC. 2. DEFINITIONS. Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: ``(q) Definitions Relating to Credit Scores.--In this title-- ``(1) when used in connection with an application for an extension of credit for a consumer purpose that is to be secured by a dwelling-- ``(A) the term `credit score'-- ``(i) means a numerical value or categorization derived from a statistical tool or modeling system used to predict the likelihood of certain credit behaviors, including default; and ``(ii) does not include-- ``(I) any mortgage score or rating of an automated underwriting system that considers 1 or more factors in addition to credit information, including the loan-to-value ratio, the amount of down payment, or the financial assets of a consumer; or ``(II) other elements of the underwriting process or underwriting decision; and ``(B) the term `key factors' means all relevant elements or reasons affecting the credit score for a consumer, listed in the order of their importance, based on their respective effects on the credit score; and ``(2) the terms `creditor' and `dwelling' have the same meanings as in section 103 of the Truth in Lending Act.''. SEC. 3. DUTIES OF CONSUMER REPORTING AGENCIES TO DISCLOSE CREDIT SCORES. (a) In General.--Section 609(a) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by adding at the end the following: ``(6) In connection with an application for an extension of credit for a consumer purpose that is to be secured by a dwelling-- ``(A) the current, or most recent, credit score of the consumer that was previously calculated by the agency; ``(B) the range of possible credit scores under the model used; ``(C) the key factors, if any, not to exceed 4, that adversely affected the credit score of the consumer in the model used; ``(D) the date on which the credit score was created; and ``(E) the name of the person or entity that provided the credit score or the credit file on the basis of which the credit score was created.''. (b) Limitations on Required Provision of Credit Score.--Section 609 of the Fair Credit Reporting Act (15 U.S.C. 1681g) is amended by adding at the end the following: ``(d) Limitations on Required Provision of Credit Score.-- ``(1) In general.--Subsection (a)(6) may not be construed-- ``(A) to compel a consumer reporting agency to develop or disclose a credit score if the agency does not, in the ordinary course of its business-- ``(i) distribute scores that are used in connection with extensions of credit secured by residential real property; or ``(ii) develop credit scores that assist creditors in understanding the general credit behavior of the consumer and predicting future credit behavior; ``(B) to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of those scores, or to process a dispute arising pursuant to section 611(a), except that the consumer reporting agency shall be required to provide to the consumer the name and information for contacting the person or entity that developed the score; ``(C) to require a consumer reporting agency to maintain credit scores in its files; or ``(D) to compel disclosure of a credit score, except upon specific request of the consumer, except that if a consumer requests the credit file and not the credit score, then the consumer shall be provided with the credit file and a statement that the consumer may request and obtain a credit score. ``(2) Provision of scoring model.--In complying with subsection (a)(6) and this subsection, a consumer reporting agency shall supply to the consumer-- ``(A) a credit score that is derived from a credit scoring model that is widely distributed to users of credit scores by that consumer reporting agency in connection with any extension of credit secured by a dwelling; or ``(B) a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about future credit behavior.''. (c) Conforming Amendment.--Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)(1)) is amended by inserting before the period ``, other than as provided in paragraph (6)''. SEC. 4. DUTIES OF USERS OF CREDIT SCORES. (a) In General.--Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended-- (1) by striking ``(e)'' at the end; and (2) by adding at the end the following: ``(e) Duties of Users of Credit Scores.-- ``(1) Disclosures.--Any person that makes or arranges extensions of credit for consumer purposes that are to be secured by a dwelling and that uses credit scores for that purpose, shall be required to provide to the consumer to whom the credit score relates, as soon as is reasonably practicable after such use-- ``(A) a copy of the information described in section 609(a)(6) that was obtained from a consumer reporting agency or that was developed and used by that user of the credit score information; or ``(B) if the user of the credit score information obtained such information from a third party that developed such information, (other than a consumer reporting agency or the user itself) only-- ``(i) a copy of the information described in section 609(a)(6) provided to the user by the person or entity that developed the credit score; and ``(ii) a notice that generally describes credit scores, their use, and the sources and kinds of data used to generate credit scores. ``(2) Rule of construction.--This subsection may not be construed to require the user of a credit score described in paragraph (1)-- ``(A) to explain to the consumer the information provided pursuant to section 609(a)(6), unless that information was developed by the user; ``(B) to disclose any information other than a credit score or the key factors required to be disclosed under section 609(a)(6)(C); ``(C) to disclose any credit score or related information obtained by the user after a transaction occurs; or ``(D) to provide more than 1 disclosure under this subsection to any 1 consumer per credit transaction. ``(3) Limitation.--Except as otherwise provided in this subsection, the obligation of a user of a credit score under this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency or other person. A user of a credit score has no liability under this subsection for the content of credit score information received from a consumer reporting agency or for the omission of any information within the report provided by the consumer reporting agency.''. (b) Conforming Amendment.--Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended in the section heading, by adding at the end ``and credit scores''. SEC. 5. CONTRACTUAL LIABILITY. Section 616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by adding at the end the following: ``(d) Use of Credit Scores.--Any provision of any contract that prohibits the disclosure of a credit score by a consumer reporting agency or a person who makes or arranges extensions of credit to the consumer to whom the credit score relates is void. A user of a credit score shall not have liability under any such contractual provision for disclosure of a credit score.''. SEC. 6. RELATION TO STATE LAWS. Section 624(b)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681t(b)(1)) is amended-- (1) in subparagraph (E), by striking ``or'' at the end; and (2) by adding at the end the following new subparagraphs: ``(G) section 609(a)(6), relating to the disclosure of credit scores by consumer reporting agencies; or ``(H) section 615(e), relating to the duties of users of credit scores to disclose credit score information to consumers;''. SEC. 7. EFFECTIVE DATE. This Act and the amendments made by this Act shall become effective 180 days after the date of enactment of this Act. | Consumer Credit Score Disclosure Act of 2001 - Amends the Fair Credit Reporting Act to cite specified consumer credit scoring information that a consumer reporting agency must disclose upon consumer request in connection with an application for an extension of consumer credit secured by a dwelling, including a credit score: (1) derived from a model widely distributed to users of credit scores; or (2) that assists the consumer in understanding the credit scoring assessment of the consumer's credit behavior and predictions about future credit behavior.Requires any person that makes or arranges extensions of consumer credit that are to be secured by a dwelling, and that uses credit scores for that purpose, to provide the consumer with a copy of: (1) the information obtained from a consumer reporting agency or that was developed and used by that user of the credit score information; or (2) a copy of the information provided to the user by a third party that developed the credit score, plus a general description of credit scores, their use, and the sources and kinds of data used to generate credit scores.Declares void any contract provision that prohibits such mandated disclosures. Exempts from contractual liability any user of a credit score for making such a disclosure. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``HUD Demonstration Improvement Act of 2010''. SEC. 2. AMENDMENTS TO SECTION 4 OF THE HUD DEMONSTRATION ACT OF 1993. Section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note) is amended as follows: (1) In subsection (a), by striking ``through the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA'' and inserting ``to eligible entities''. (2) In subsection (b)-- (A) in paragraph (1), by inserting ``in urban or rural areas'' after ``community housing development organizations''; (B) in paragraph (2), by inserting ``in urban or rural areas'' after ``low-income families''; and (C) in paragraph (3), by striking ``the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA'' and inserting ``an eligible entity''. (3) By redesignating subsection (e) as subsection (i). (4) By striking subsection (d) and inserting the following: ``(d) Written Plan Required.--The Secretary shall, by notice, require an eligible entity, to be eligible for assistance under this section for a fiscal year, to submit a plan for such fiscal year describing the manner in which such eligible entity will use such assistance to develop the capacity and ability of community development corporations and community housing development organizations to undertake community development and affordable housing projects and programs. Such a plan shall include descriptions of-- ``(1) the activities described under subsection (b) the eligible entity proposes to carry out using assistance provided under this section; ``(2) the need for the activities described under subsection (b) in the geographic areas where the eligible entity proposes to carry out such activities; ``(3) the experience of the eligible entity in carrying out-- ``(A) programs administered by the Department of Housing and Urban Development; or ``(B) other housing or economic development programs; and ``(4) how the eligible entity will measure and evaluate the outcomes of activities proposed to be carried out using assistance provided under this section. ``(e) Implementation.-- ``(1) Distribution.--The Secretary shall distribute funds made available for a fiscal year to carry out this section on a competitive basis to eligible entities based on how well the plan of the eligible entity for the fiscal year fulfills the requirements of paragraphs (1) through (4) of subsection (d). ``(2) Minimum amount of assistance.--The Secretary shall establish a minimum amount of assistance, equal to not less than 10 percent of the funds made available for any fiscal year to carry out this section, to provide to each eligible entity that submits a written plan that fulfills the requirements of paragraphs (1) through (4) of subsection (d). ``(3) Maximum amount of assistance.--No eligible entity shall receive more than 50 percent of the funds made available for any fiscal year to carry out this section. ``(f) Public Availability of Plans.--Not later than 30 days after the date that the Secretary provides assistance to an eligible entity under this section, the Secretary shall make public, on the Internet website of the Department of Housing and Urban Development, the plan of such eligible entity required under subsection (d). ``(g) Annual Report to Congress.--The Secretary shall annually submit to Congress a report describing how the assistance provided under this section is being used to develop the capacity and ability of community development corporations and community housing development organizations to undertake community development and affordable housing projects and programs. ``(h) Eligible Entity.--For purposes of this section, an eligible entity is each of the following: ``(1) The National Community Development Initiative. ``(2) Local Initiatives Support Corporation. ``(3) The Enterprise Foundation. ``(4) Habitat for Humanity. ``(5) Youthbuild USA. ``(6) The National Urban League. ``(7) The Housing Partnership Network.''. (5) In subsection (i), as redesignated by paragraph (3) of this section, by striking ``$25,000,000 for fiscal year 1994'' and inserting ``$60,000,000 for each of fiscal years 2011 through 2015''. | HUD Demonstration Improvement Act of 2010 - Amends the HUD Demonstration Act of 1993 with respect to the Department of Housing and Urban Development (HUD) community development and affordable housing programs. Adds the National Urban League and the Housing Partnership Network to the list of entities eligible for HUD assistance to develop the capacity and ability of community development corporations and community housing development organizations to undertake community development and affordable housing projects and programs. Allows the use of such assistance in urban and rural areas. Directs the HUD Secretary, by notice, to require an entity, as a condition of eligibility for such assistance for a fiscal year, to submit a plan describing the manner in which the entity will use such assistance, including descriptions meeting specified requirements. (Thus replaces the requirement that the HUD Secretary establish necessary requirements to carry out the Act.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Driver's License Improvement and Security Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) The terrorist attacks of September 11, 2001, illuminated many flaws in the Nation's domestic security, especially in its identification system. (2) Drivers' licenses and identification cards issued by States have become the favored form of identity verification in the United States and are used by government agencies and private entities alike. (3) Inconsistent requirements between the States for initial identity verification and insufficient verification of identity documents have made the identification systems of States a prime target for fraud and identity theft. (4) Different designs on drivers' licenses and identification cards issued by States have created a market, including sales on the Internet, for fake cards that look real to those who are unfamiliar with the official designs. (5) The use of new technologies will improve the security of State identification systems. (6) Identification card technologies that accommodate other government and private applications create a Federal benefit that justifies Federal assistance. (7) Improving the security of drivers' licenses and identification cards issued by the States will eliminate multiple licensing of individuals who commit fraud, impede the purchase of alcohol and tobacco products by underage individuals, and severely reduce identity theft. (8) The report of the Markle Foundation Task Force on National Security in the Information Age, published in December 2003, recommended that the Federal Government develop standards for State drivers' licenses and identification cards and examine the application of smart card and biometric information technologies to such drivers' licenses and identification cards. (9) The Final Report of the National Commission on Terrorist Attacks Upon the United States (also known as the ``9/11 Commission'') described the potential for biometric identifiers in reducing identity fraud and specifically recommended that the Federal Government set standards for the issuance of drivers' licenses. SEC. 3. STATE DRIVER'S LICENSE AND IDENTIFICATION CARD PILOT PROGRAMS. (a) Definitions.--In this section, the following definitions apply: (1) Driver's license.--The term ``driver's license'' means a license issued by the motor vehicle agency of a State to an individual that authorizes the individual to operate a motor vehicle on highways. (2) Identification card.--The term ``identification card'' means an identification card issued by the motor vehicle agency of a State to an individual. (3) Participating state.--The term ``participating State'' means a State that is participating in the pilot program established under this section. (4) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (b) Establishment of Voluntary Pilot Program.-- (1) In general.--The Secretary shall carry out a pilot program to assist States in developing and implementing a driver's license and identification card program that meets the requirements of this section. (2) Applications.--In order to be eligible to participate in the pilot program, a State shall submit to the Secretary an application in such form and containing such information as the Secretary may require. (3) Number of participating states.--The Secretary may select not more than 6 States for participation in the pilot program. (c) State Driver's License and Identification Card Programs.--In order to be eligible to participate in the pilot program, a State shall provide assurances satisfactory to the Secretary that the State will develop and implement a driver's license and identification card program under which the State meets the following requirements: (1) Computer chips in drivers' licenses and id cards.-- (A) In general.--A participating State shall embed a computer chip in each new or renewed driver's license or identification card issued by the State. (B) Requirements for computer chips.--A computer chip embedded in a driver's license or identification card under this paragraph shall-- (i) contain, in electronic form, all text data written on the license or card; (ii) contain encoded biometric data matching the holder of the license or card; (iii) contain encryption and security software or hardware (or both) that prevents access to data stored on the chip without the express consent of the individual to whom the data applies, other than access by a Federal, State, or local agency (including a court or law enforcement agency) in carrying out its functions, or by a private entity acting on behalf of a Federal, State, or local agency in carrying out its functions; (iv) accept data or software written to the license or card by non-governmental devices if the data transfer is authorized by the holder of the license or card; and (v) conform to any other standards issued by Secretary. (2) Biometric data.-- (A) In general.--A participating State shall obtain biometric data for the identification of each individual to whom the State issues a new or renewed driver's license or identification card and shall maintain such data. (B) Requirement for biometric data.--Biometric data obtained by a State under this paragraph shall be of a type that can be matched to the license or card holder only with the express cooperation of the license or card holder. (3) Participation in linking of databases.-- (A) In general.--A participating State shall participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of other States. Such program shall be established by the Secretary, subject to the consultation requirements contained in subsection (d)(3). (B) Requirements for information.--A motor vehicle database of a participating State shall contain, at a minimum, the following information: (i) All data fields printed on drivers' licenses and identification cards issued by the State, other than the encoded biometric data stored on such licenses and cards under paragraph (1). (ii) Biometric data obtained under paragraph (2) from each individual to whom the State issues a new or renewed driver's license or identification card. (iii) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses. (4) Tamper-resistant security features.--A participating State shall include on each new or renewed driver's license or identification card issued by the State, multiple tamper- resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging, to assist in visual verification that the license or card is valid. (5) Documentation.--A participating State shall adopt and implement procedures for accurately documenting the identity and residence of an individual before issuing a driver's license or identification card to the individual. (d) Guidelines.-- (1) In general.--Not later than 2 years after the date of enactment of this section, the Secretary shall issue guidelines to assist participating States in complying with the requirements of subsection (c). (2) Contents.--The guidelines issued under this subsection shall contain, at a minimum, the following: (A) Standards for the computer chip technology required for compliance with subsection (c)(1), including-- (i) standards to ensure interoperability and the ability to store multiple applications created by government agencies and private entities and transmitted to the license or card with the express consent of the license or card holder; and (ii) standards for the encoded biometric data that must be contained on each computer chip and requirements to ensure that such biometric data will be used only for matching the license or card to the presenter. (B) Standards for biometric data to be obtained from applicants for new or renewed State drivers' licenses and identification cards under subsection (c)(2) and standards for maintaining such data. (C) Standards for linking State motor vehicle databases under subsection (c)(3) and standards for the information to be contained in the databases. (D) Standards for security features or optical image layers to be placed on State drivers' licenses and identification cards under subsection (c)(4). (E) Standards for documentation of the identity and residence of an individual under subsection (c)(5), including a list of acceptable documents for establishing the identity and residence of an individual and procedures for verifying the authenticity of the documents. (F) Standards for a numbering system for State drivers' licenses and identification cards that prevents duplication between States and does not make use of the license or card holder's social security number. (3) Consultation.--Guidelines issued by the Secretary under this subsection shall be developed in consultation with the American Association of Motor Vehicle Administrators, the General Services Administration, and the National Institute of Standards and Technology. (4) Administrative procedures.--The Secretary may issue guidelines under this subsection without regard to subchapter II of chapter 5 of title 5, United States Code. (e) Grants.-- (1) In general.--The Secretary may make grants to each participating State to assist the State in developing and implementing a driver's license and identification card program that meets the requirements of subsections (b) and (c). (2) Federal share.--The Federal share of the cost of activities funded using amounts from a grant received by a State under this subsection shall be 100 percent or a lesser percentage determined by the Secretary. (3) Reports.---- (A) State reports.--The Secretary shall require a State that receives a grant under this subsection to submit to the Secretary a report on the activities carried out by the State using amounts from the grant. (B) Report to congress.--Not later than one year after the date on which the Secretary first makes grants under the pilot program, the Secretary shall transmit to Congress a report on the results of the program, including an assessment of the technology, reliability, effectiveness, and cost of the driver's license and identification card programs of participating States. (f) Authorization of Appropriations.--There is authorized to be appropriated $100,000,000 to carry out this section. Such sums shall remain available until expended. SEC. 4. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY. (a) Study.--The Director of the National Institute of Standards and Technology, in consultation with the States and the American Association of Motor Vehicle Administrators, shall conduct a study of on-card biometric technologies to determine which technology is most effective and usable for purposes of the pilot program established under section 3. (b) Determinations.--In conducting the study, the Director shall shall determine-- (1) what type of biometric identifier, or combination of biometric identifiers, when captured and stored on the card in the form of a numeric algorithm is least prone to error; and (2) what combination of technologies and information sharing arrangements will prevent individuals from possessing multiple concurrent State drivers' licenses or identification cards. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Director shall submit to the Secretary of Transportation a report on the results of the study. (d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. | Driver's License Improvement and Security Act of 2004 - Directs the Secretary of Transportation to carry out a pilot program to assist States in developing and implementing a driver's license and identification card program that meets certain requirements. Requires a State to: (1) embed computer chips in licenses and cards it issues; (2) obtain biometric data for the identification of individuals to whom the State issues a new or renewed driver's license or identification card; (3) participate in a program to link State motor vehicle databases in order to provide electronic access by a State to information contained in the motor vehicle databases of other States; (4) include on each new or renewed driver's license or identification card multiple tamper-resistant security features or optical image layers, such as biometric scans, barcodes, 3D, flip, or motion imaging; and (5) adopt and implement procedures to document accurately the identity and residence of an individual before issuing him or her a driver's license or identification card. Authorizes the Secretary to make a grant to assist a State in developing and implementing a driver's license and identification card program that meets the requirements of this Act. Requires the Director of the National Institute of Standards and Technology to study and report to the Secretary of Transportation on which on-card biometric technology is most effective and usable for the pilot program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Industry National Historic Site Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Certain sites and structures in the Commonwealth of Pennsylvania symbolize in physical form the heritage of the steel industry of the United States. (2) Certain buildings and other structures in the Commonwealth of Pennsylvania are nationally significant historical resources, including the United States Steel Homestead Works, the Carrie Furnace complex, and the Hot Metal Bridge. (3) Despite substantial efforts for cultural preservation and historical interpretation by the Commonwealth of Pennsylvania and by individuals and public and private entities in the Commonwealth, these buildings and other structures may be lost without the assistance of the Federal Government. (b) Purposes.--The purposes of this Act are to ensure the preservation, interpretation, visitor enjoyment, and maintenance of the nationally significant historical and cultural sites and structures described in subsection (a) for the benefit and inspiration of present and future generations. SEC. 3. STEEL INDUSTRY NATIONAL HISTORIC SITE, PENNSYLVANIA. (a) Establishment.--The Steel Industry National Historic Site is hereby established as a unit of the National Park System in the Commonwealth of Pennsylvania. (b) Description.-- (1) Inclusion of certain property.--Subject to paragraph (2), the historic site shall consist of the following properties, each of which relate to the former United States Steel Homestead Works, as depicted on the map entitled ``Steel Industry National Historic Site'', dated November 2003, and numbered 80,000: (A) The historic location of the Battle of Homestead site in the borough of Munhall, Pennsylvania, consisting of approximately 3 acres of land, including the pumphouse and water tower and related structures, within the property bounded by the Monongahela River, the CSX railroad, Waterfront Drive, and the Damascus- Marcegaglia Steel Mill. (B) The historic location of the Carrie Furnace complex in the boroughs of Swissvale and Rankin, Pennsylvania, consisting of approximately 35 acres of land, including blast furnaces 6 and 7, the ore yard, the cast house, the blowing engine house, the AC power house, and related structures, within the property bounded by the proposed southwesterly right-of-way line needed to accommodate the Mon/Fayette Expressway and the relocated CSX railroad right-of-way, the Monongahela River, and a property line drawn northeast to southwest approximately 100 yards east of the AC power house. (C) The historic location of the Hot Metal Bridge, consisting of the Union railroad bridge and its approaches, spanning the Monongahela River and connecting the mill sites in the boroughs of Rankin and Munhall, Pennsylvania. (2) Availability of map.--The map referred to in paragraph (1) shall be available for public inspection in an appropriate office of the National Park Service. (c) Acquisition of Property.--To further the purposes of this section, the Secretary of the Interior may acquire, only by donation, property for inclusion in the historic site as follows: (1) Any land or interest in land with respect to the property identified in subsection (b)(1). (2) Up to 10 acres of land adjacent to or in the general proximity of the property identified in such subsection, for the development of visitor, administrative, museum, curatorial, and maintenance facilities. (3) Personal property associated with, and appropriate for, the interpretation of the historic site. (d) Private Property Protections.--Nothing in this Act shall be construed-- (1) to require any private property owner to permit public access (including Federal, State, or local government access) to the private property; or (2) to modify any provision of Federal, State, or local law with regard to public access to or use of private property. (e) Administration.--The Secretary of the Interior shall administer the historic site in accordance with this Act and the provisions of law generally applicable to units of the National Park System, including the Act of August 25, 1916 (16 U.S.C. 1 et seq.), and the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (f) Cooperative Agreements.-- (1) In general.--Until such time as the Secretary of the Interior has acquired the property identified in subsection (b)(1), as depicted on the map referred to in such subsection, the Secretary may enter into a cooperative agreement with any interested individual, public or private agency, organization, or institution to further the purposes of the historic site. (2) Contrary purposes.--Any payment made by the Secretary pursuant to a cooperative agreement under this subsection shall be subject to an agreement that conversion, use, or disposal of the project so assisted for purposes contrary to the purpose of the historic site, as determined by the Secretary, shall result in a right of the United States to reimbursement of all funds made available to such a project or the proportion of the increased value of the project attributable to such funds as determined at the time of such conversion, use, or disposal, whichever is greater. (g) Technical Assistance.--The Secretary of the Interior may provide technical assistance to any person for-- (1) the preservation of historic structures within the historic site; and (2) the maintenance of the natural and cultural landscape of the historic site. (h) General Management Plan.-- (1) Preparation.--Not later than three years after the date on which funds are first made available to carry out this Act, the Secretary of the Interior shall prepare a general management plan for the historic site that will incorporate or otherwise address substantive comments made during the consultation required by paragraph (2). (2) Consultation.--The Secretary shall prepare the general management plan in consultation with-- (A) an appropriate official of each appropriate political subdivision of the Commonwealth of Pennsylvania that has jurisdiction over all or a portion of the lands included in the historic site; (B) an appropriate official of the Steel Industry Heritage Corporation; and (C) private property owners in the vicinity of the historic site. (3) Submission of plan to congress.--Upon the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (i) Authorization of Appropriations.--There is authorized to be appropriated not more than $30,000,000 for development of the historic site. | Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Includes within such Historic Site the following lands: (1) the location of the Battle of Homestead in Munhall, Pennsylvania; (2) the location of the Carrie Furnace complex in Swissvale and Rankin, Pennsylvania; and (3) the location of the Hot Metal Bridge in Rankin and Munhall, Pennsylvania. Authorizes the Secretary of the Interior to: (1) acquire, by donation only, certain property for inclusion in the Historic Site; (2) enter into a cooperative agreement to further the purposes of the Historic Site; and (3) provide technical assistance for preservation and maintenance of historic structures and the natural and cultural landscape in the Historic Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site. Grants private property owners protections from public access to private property in the Historic Site. Authorizes appropriations. |
SECTION 1. USE OF DEPARTMENT OF VETERANS AFFAIRS FORECLOSED HOMES FOR VETERANS AND DISPLACED PERSONS. (a) Use of Foreclosed Homes.--(1) In the case of any residential property on which the Department of Veterans Affairs has foreclosed or which the Secretary of Veterans Affairs has acquired pursuant to section 3732 of title 38, United States Code, that the Secretary determines to be suitable, the Secretary shall make such property available to an entity described in paragraph (2) or to another entity designated by the Director of the Federal Emergency Management Agency for use as a temporary residence for Hurricane Katrina-affected individuals. The period for which such a property may be made available for use as a temporary residence under this section may not exceed two years. (2) An entity referred to in paragraph (1) is an entity described in subparagraph (A) or (B) of section 2041(a)(1) of title 38, United States Code. (3) An entity to which a residential property is made available under paragraph (1) shall give priority in providing shelter to those Hurricane Katrina-affected individuals who are veterans, surviving spouses of veterans, and children of veterans (as those terms are defined in section 101 of title 38, United States Code), and their families. (4) In carrying out this subsection, the Secretary of Veterans Affairs shall consult with the Under Secretary of Homeland Security for Emergency Preparedness and Response. (b) Reimbursement of Certain Expenditures.--Consistent with section 304 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5147), the Director of the Federal Emergency Management Agency shall reimburse the Secretary of Veterans Affairs for any expenditures of the Department of Veterans Affairs relating to the repair, maintenance, or management of properties owned by the Department of Veterans Affairs to the extent that such repair, maintenance, or management is for the purpose of making such properties available as temporary residences for Hurricane Katrina-affected individuals under the authority of section 3720 of title 38, United States Code. (c) Hurricane Katrina-Affected Individual Defined.--For purposes of this Act, the term ``Hurricane Katrina-affected individual'' means an individual who as of August 28, 2005, resided in, or was employed in, a county adversely affected by Hurricane Katrina in the State of Florida, Louisiana, Mississippi, or Alabama that is designated for individual assistance or public assistance by Federal Disaster Declaration notice 1602, 1603, 1604, or 1605, respectively (as amended), issued by the Federal Emergency Management Agency. (d) Publication of Regulations.--The Secretary is not required to publish in the Federal Register regulations to carry out this section. SEC. 2. EMERGENCY GRANTS TO ORGANIZATIONS FOR PROVISION OF SHELTER TO HOMELESS VETERANS AND THEIR FAMILIES. (a) Authority.--The Secretary of Veterans Affairs is authorized to make emergency grants to entities described in section 1(a)(2) for the purpose of providing housing assistance to homeless veterans (as defined in section 2002 of title 38, United States Code) who are Hurricane Katrina-affected individuals and their families for a period not to exceed two years. (b) Eligibility.--To be eligible to receive an emergency grant under this subsection, such an entity shall have the capacity (as determined by the Secretary) to effectively administer such a grant. (c) Provision of Notice.--The Secretary shall provide notice of the availability of emergency grants on the Internet website of the Department of Veterans Affair and use such other means of notice as the Secretary may determine are appropriate. (d) Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the House of Representatives and the Committee on Veterans' Affairs of the Senate a report specifying the number of grants awarded under this section and the identity of each grant recipient. (e) Publication of Regulations.--The Secretary is not required to publish in the Federal Register regulations to carry out this section. (f) Termination of Authority.--The authority of the Secretary to make grants under this section shall terminate on September 30, 2007. SEC. 3. USE OF DEPARTMENT OF VETERANS AFFAIRS FACILITIES FOR HOMELESS VETERANS AND THEIR FAMILIES. (a) Authority for Use of Underutilized Department of Veterans Affairs Property as Temporary Veteran Housing.--Subchapter I of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8119. Underutilized property: housing for veterans during emergency ``(a) Authority.--Notwithstanding any other provision of this title or of any other law, during or following a period of emergency or disaster declared by the President pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Secretary may use underutilized Department property that is habitable or that can be rendered habitable with limited resources, as determined by the Secretary, to house, for a period not to exceed 180 days, veterans and their dependents who are displaced as a result of such emergency or disaster. ``(b) Underutilized Department Property.--For purposes of this section, the term `underutilized Department property' means an asset of the Department that is so identified by the Capital Asset Realignment for Enhanced Services or otherwise identified by the Secretary.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 81 of title 38, United States Code, is amended by inserting after the item relating to section 8118 the following new item: ``8119. Underutilized property: housing for veterans during emergency.''. SEC. 4. EMERGENCY GRANTS FOR REPLACEMENT OR REPAIR OF HOMELESS VETERAN FACILITIES. (a) Emergency Grant Authority.--Subchapter II of chapter 20 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 2014. Emergency grants for repair or replacement of homeless veteran facilities ``(a) Authority.--The Secretary may make emergency grants to eligible entities providing care for homeless veterans for the purpose of repairing or replacing facilities used for the provision of such care that are damaged or destroyed by a disaster. ``(b) Eligible Entity.--In this section, the term `eligible entity' has the meaning given that term in section 2011(d) of this title. ``(c) Establishment of Criteria and Requirements.--The Secretary shall establish criteria and requirements for grants under this section and shall publish such criteria and requirements in the Federal Register. ``(d) Disaster.--In this section, the term `disaster' means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe in any part of the United States which causes, or which may cause, substantial damage or injury to civilian property or persons.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 20 of such title is amended by inserting after the item relating to section 2013 the following new item: ``2014. Emergency grants for repair or replacement of homeless veteran facilities.''. | Directs the Secretary of Veterans Affairs to make available for use as temporary residences for Hurricane Katrina-affected individuals any residential properties on which the Department of Veterans Affairs has foreclosed under the Department's guaranteed home loan program. Requires a residential priority for veterans, surviving spouses of veterans, and children of veterans and their families. Authorizes the Secretary to make emergency grants to nonprofit organizations or states or political subdivisions thereof for providing housing assistance to homeless veterans who are Hurricane Katrina-affected individuals and their families for up to two years. Authorizes the Secretary, during or following a period of emergency or disaster, to use underutilized Department property to house, for up to 180 days, veterans and their dependents who are displaced as the result of such emergency or disaster. Authorizes the Secretary to make emergency grants to entities providing care for homeless veterans to repair or replace care facilities that are damaged or destroyed by a disaster. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Transportation Bonding Assistance Authority Act of 2009''. SEC. 2. AUTHORITY OF SECRETARY TO GUARANTEE SURETY AGAINST LOSS FROM PRINCIPAL'S BREACH OF BOND. Subsection (e) of section 332 of title 49, United States Code, is amended to read as follows: ``(e) Authority of Secretary To Guarantee Surety Against Loss From Principal's Breach of Bond.-- ``(1) Authority.-- ``(A) In general.--The Secretary may, upon such terms and conditions as the Secretary may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal. ``(B) Limitation.--No such guarantee may be issued, unless-- ``(i) the person who would be principal under the bond is an eligible small business concern; ``(ii) the bond is required in order for such person to bid on a contract, or to serve as a prime contractor or subcontractor thereon; ``(iii) such person is not able to obtain such bond on reasonable terms and conditions without a guarantee under this subsection; and ``(iv) there is a reasonable expectation that such principal will perform the covenants and conditions of the contract with respect to which such bond is required, and the terms and conditions of such bond are reasonable in light of the risks involved and the extent of the surety's participation. ``(2) Indemnification of surety against loss from avoiding breach.--Subject to the provisions of this subsection, in connection with the issuance by the Secretary of a guarantee to a surety under paragraph (1), the Secretary may agree to indemnify such surety against a loss sustained by such surety in avoiding or attempting to avoid a breach of the terms of a bond guaranteed by the Secretary in accordance with the following: ``(A) Prior to making any payment under this paragraph, the Secretary shall first determine that a breach of the terms of such bond was imminent. ``(B) A surety must obtain approval from the Secretary prior to making any payments pursuant to this paragraph. ``(C) No payment by the Secretary pursuant to this paragraph shall exceed 10 percent of the contract price unless the Secretary determines that a greater payment should be made as a result of a finding by the Secretary that the surety's loss sustained in avoiding or attempting to avoid such breach was necessary and reasonable. ``(D) In no event shall the Secretary pay a surety pursuant to this paragraph an amount exceeding the guaranteed share of the bond available to such surety pursuant to paragraph (1). ``(3) Reimbursement of surety.-- ``(A) In general.--Any guarantee or agreement to indemnify under this subsection shall obligate the Secretary to pay to the surety a sum-- ``(i) not to exceed 90 percent of the loss incurred and paid by the surety, but in no event may the Secretary make any duplicate payment pursuant to paragraph (2) or any other paragraph; or ``(ii) determined pursuant to paragraph (2), if applicable. ``(B) Exception.--Pursuant to any such guarantee or agreement, the Secretary shall reimburse the surety, as provided in subparagraph (A), except that the Secretary shall be relieved of all liability if-- ``(i) the surety obtained such guarantee or agreement, or applied for such reimbursement, by fraud or material misrepresentation; ``(ii) the surety has breached a material term or condition of such guarantee or agreement; or ``(iii) the surety has substantially violated the regulations issued by the Secretary pursuant to paragraph (4). ``(4) Regulations.--The Secretary may establish and periodically review regulations for participating sureties which shall require such sureties to meet the Secretary's standards for underwriting, claim practices, and loss ratios. ``(5) Procedure for reimbursement.--The Secretary may, upon such terms and conditions as the Secretary may prescribe, adopt a procedure for reimbursing a surety for its paid losses billed each month, based upon prior monthly payments to such surety, with subsequent adjustments after such disbursement. ``(6) Reports to and audits by the secretary.-- ``(A) Reports to the secretary.--The Secretary shall require each participating surety to make reports to the Secretary at such times and in such forms as the Secretary requires. ``(B) Audits by the secretary.--The Secretary may at all reasonable times audit, in the offices of a participating surety, all documents, files, books, records, and other material relevant to the Secretary's guarantee, commitments to guarantee, or agreements to indemnify any surety pursuant to this subsection. ``(C) Timing.--Each participating surety shall be audited at least once every three years by examiners selected and approved by the Secretary. ``(7) Administrative provisions.--The Secretary shall administer this subsection on a prudent and economically justifiable basis and establish such fee or fees for eligible small business concerns and premium or premiums for sureties as the Secretary deems reasonable and necessary, to be payable at such time and under such conditions as may be determined by the Secretary. ``(8) State program.-- ``(A) In general.--The Secretary shall establish a program under which not more than 5 States may be selected to carry out, with a portion of the amounts appropriated for this subsection, the following: ``(i) Activities of the Secretary under this subsection with respect to issuing guarantees. ``(ii) Activities of a surety to assist eligible small business concerns. ``(B) Assessments and standards.--States selected to participate in the program under subparagraph (A) shall be subjected to such assessments and shall meet such standards and conditions as the Secretary may prescribe. ``(C) Reports by states.--A State selected to participate in the program under subparagraph (A) shall submit to the Secretary an annual report describing, at a minimum, the nature of the program such State administers, the total number and amounts of guarantees provided by the program, and the number of eligible small business concerns that have participated in the program. ``(9) Annual report.--Not later than June 1, 2010, and annually thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that describes, at a minimum-- ``(A) the actions taken to implement this subsection; ``(B) the number of sureties that have received guarantees, the States with respect to which guarantees were issued, the number of eligible small business concerns that have participated in the program, and the number and total amount of guarantees paid by the Secretary; and ``(C) the number of States that have applied to manage amounts under the program established under paragraph (8), the number of States approved to participate in such program, and the results achieved by States participating in such program. ``(10) Definitions.--In this subsection, the following definitions apply: ``(A) Bid bond.--The term `bid bond' means a bond conditioned upon the bidder on a contract entering into the contract, if the bidder receives the award thereof, and furnishing the prescribed payment bond and performance bond. ``(B) Eligible small business concern.--The term `eligible small business concern' means an entity determined by the Secretary to be any of the following: ``(i) A small business concern owned and controlled by socially and economically disadvantaged individuals (as such term is defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 637(d)(3))). ``(ii) A small business concern owned and controlled by service-disabled veterans (as such term is defined under section 3(q) of the Small Business Act (15 U.S.C. 632(q))). ``(iii) A qualified HUBZone small business concern (as such term is defined under section 3(p) of the Small Business Act (15 U.S.C. 632(p))). ``(iv) A small business concern owned and controlled by women (as such term is defined under section 3(n) of the Small Business Act (15 U.S.C. 632(n))). ``(C) Obligee.--The term `obligee' means-- ``(i) in the case of a bid bond, the person requesting bids for the performance of a contract; or ``(ii) in the case of a payment bond or performance bond, the person who has contracted with a principal for the completion of the contract and to whom the obligation of the surety runs in the event of a breach by the principal of the conditions of a payment bond or performance bond. ``(D) Payment bond.--The term `payment bond' means a bond conditioned upon the payment by the principal of money to persons under contract with the principal. ``(E) Performance bond.--The term `performance bond' means a bond conditioned upon the completion by the principal of a contract in accordance with its terms. ``(F) Prime contractor.--The term `prime contractor' means the person with whom the obligee has contracted to perform the contract. ``(G) Principal.--The term `principal' means a person who may be a prime contractor or a subcontractor and-- ``(i) in the case of a bid bond, is bidding for the award of a contract; or ``(ii) is primarily liable to complete a contract for the obligee, or to make payments to other persons in respect of such contract, and for whose performance of his obligation the surety is bound under the terms of a payment or performance bond. ``(H) Secretary.--The term `Secretary' means the Secretary of Transportation, acting through the Minority Resource Center established under subsection (b). ``(I) Subcontractor.--The term `subcontractor' means a person who has contracted with a prime contractor or with another subcontractor to perform a contract. ``(J) Surety.--The term `surety' means the person or State that-- ``(i) under the terms of a bid bond, undertakes to pay a sum of money to the obligee in the event the principal breaches the conditions of the bond; ``(ii) under the terms of a performance bond, undertakes to incur the cost of fulfilling the terms of a contract in the event the principal breaches the conditions of the contract; ``(iii) under the terms of a payment bond, undertakes to make payment to all persons supplying labor and material in the prosecution of the work provided for in the contract if the principal fails to make prompt payment; or ``(iv) is an agent, independent agent, underwriter, or any other company or individual empowered to act on behalf of such person or State. ``(11) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to carry out activities under this subsection $50,000,000 for each of fiscal years 2010 through 2014, of which not more than $20,000,000 may be made available each fiscal year to carry out activities under paragraph (8).''. SEC. 3. NATIONAL INFORMATION CLEARINGHOUSE. Section 332(b)(1) of title 49, United States Code, is amended by striking ``the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States'' and inserting ``any Federal, State, or local mode of transportation''. SEC. 4. PROVISION OF RELEVANT INFORMATION. Section 332(d) of title 49, United States Code, is amended by striking ``United States Railway Association, the Consolidated Rail Corporation, and the''. | Department of Transportation Bonding Assistance Authority Act of 2009 - Replaces the mandate for the Minority Resource Center to provide bonding assistance to disadvantaged business enterprises. Authorizes the Secretary of Transportation, acting through the Minority Resource Center, to prescribe, guarantee, and enter into commitments to guarantee a surety against loss resulting from a small business concern's breach of a bond that is required for it to bid on or perform a transportation project contract, pay on the contract, or serve as a prime contractor or subcontractor on such contract. Authorizes the Secretary to indemnify such a surety up to 90% of any loss sustained by it in avoiding or attempting to avoid a breach of a bond guaranteed under this Act. Requires the Secretary to establish a program under which not more than five selected states may carry out: (1) the activities of the Secretary with respect to issuing surety guarantees; as well as (2) the activities of sureties to assist eligible small business concerns. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dry-Redwater Regional Water Authority System Act of 2011''. 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, and Richland Counties of the State; 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) 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 (B) any nonprofit successor entity. (3) 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. (4) Non-federal distribution system.--The term ``non- Federal distribution system'' means a non-Federal utility that provides electricity to the counties covered by the Water System. (5) 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)). (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) State.--The term ``State'' means the State of Montana. (8) Water system.--The term ``Water System'' means the Dry- Redwater Regional Water Authority System authorized under section 4 with a project service area that includes-- (A) the Garfield and McCone Counties of the State; (B) the area west of the Yellowstone River in Dawson and Richland Counties of the State; (C) Township 15N (including the area north of the Township) in Prairie County of 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. SEC. 4. DRY-REDWATER REGIONAL WATER AUTHORITY SYSTEM. (a) Authorization.-- (1) In general.--If the Secretary, acting through the Commissioner of the Bureau of Reclamation, determines that the project is feasible, the Secretary is authorized to carry out the project entitled ``Dry-Redwater Regional Water Authority System'' in a manner that is substantially in accordance with the plans, and subject to the conditions, described in the ``Dry-Redwater Regional Water System Feasibility Study'', which received funding from the Bureau of Reclamation on September 1, 2010, and is to be completed in accordance with section 106(a) of the Rural Water Supply Act of 2006 (43 U.S.C. 2405(a)). (2) 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 Dry Redwater Regional Water Authority. (b) Cost Sharing.-- (1) Federal share.-- (A) In general.--The Federal share of the costs relating to the planning, design, and construction of the Water System shall not exceed 75 percent of the total cost of the 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) In general.--Subject to subparagraph (B), Federal funds made available to carry out this section may be used for-- (i) facilities relating to-- (I) water intake; (II) water pumping; (III) water treatment; and (IV) water storage; (ii) transmission pipelines and pumping stations; (iii) appurtenant buildings, maintenance equipment, and access roads; (iv) any interconnection facility that connects a pipeline of the Water System to a pipeline of a public water system; (v) distribution, pumping, and storage facilities that-- (I) serve the needs of citizens who use public water systems; (II) are in existence on the date of enactment of this Act; and (III) may be purchased, improved, and repaired in accordance with a cooperative agreement entered into by the Secretary under subsection (a)(2); (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) Limitation.--Federal funds made available to carry out this section shall not be used for the operation, maintenance, or replacement of the Water System. (c) Title.--Title to the Water System shall be held by the Authority. SEC. 5. USE OF POWER FROM PICK-SLOAN PROGRAM. (a) Findings.--Congress finds that McCone and Garfield Counties in the State were designated as impact counties during the period in which the Fort Peck Dam was constructed, and as such, 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 Water System a quantity of power required, of up to 1\1/2\ megawatt capacity, to meet the pumping and incidental operation requirements of the Water 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 Water System shall be eligible to receive power under paragraph (1) if the Water 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(a)(2). (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 Water System under paragraph (1), is necessary to meet the pumping requirements of the 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 Authority. (5) Responsibility for power charges.--The 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 Water System shall be responsible for all non-Federal transmission and distribution system delivery and service arrangements. (B) Upgrades.--The Water System shall be responsible for funding any transmission upgrades, if required, to the integrated system necessary to deliver power to the Water System. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Authorization of Appropriations.--There is authorized to be appropriated to carry out the planning, design, and construction of the Water System $115,116,000. (b) Cost Indexing.--The amount authorized to be appropriated under subsection (a) may be increased or decreased in accordance with ordinary fluctuations in development costs incurred after January 1, 2008, as indicated by any available engineering cost indices applicable to construction activities that are similar to the construction of the Water System. | Dry-Redwater Regional Water Authority System Act of 2011 - Authorizes the Secretary of the Interior to carry out the project entitled the "Dry-Redwater Regional Water Authority System" in accordance with the plans described in the "Dry-Redwater Regional Water System Feasibility Study" if the Secretary determines that the project is feasible. Directs the Secretary to enter into a cooperative agreement to provide federal assistance for the planning, design, and construction of the Dry-Redwater Regional Water Authority for specified counties in Montana and North Dakota. Limits the federal share of planning, design, and construction of the System to 75% of the total cost. Delineates the components of System facilities for which federal funds may be expended. Prohibits federal funds from being used for the System's operation, maintenance, or replacement. Directs the Administrator of the Western Area Power Administration to make available to the System a quantity of power required, up to one and a half megawatt capacity, to meet the System's pumping and incidental operation requirements between May 1 and October 31 of each year from the water intake facilities and 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. Makes the System eligible to receive such power only if it operates on a nonprofit basis and is constructed pursuant to the cooperative agreement. Sets forth provisions regarding the purchase of additional power, the Authority's responsibility for power charges and non-federal delivery costs, and the System's responsibility for non-federal transmission and distribution system delivery and service arrangements and for funding any transmission upgrades required to the integrated system necessary to deliver power to the System. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Presidential Debate Reform Act''. SEC. 2. ESTABLISHMENT OF PRESIDENTIAL DEBATE COMMISSION. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``presidential debate commission ``Sec. 323. (a) Establishment.--Not later than 6 months before the date of each general election for the offices of President and Vice President of the United States (beginning with the general election held in 2000), the President shall appoint a Presidential Debate Commission (hereafter in this section referred to as the `Commission') in accordance with this section with respect to such election. ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of 3 members appointed by the President as follows: ``(A) 1 member shall be from among a list of nominees submitted by the chair of the Republican National Committee. ``(B) 1 member shall be from among a list of nominees submitted by the chair of the Democratic National Committee. ``(C) 1 member (who shall not be a member of the Republican or Democratic Parties) shall be from among a list of nominees submitted jointly by the chairs of the Republican National Committee and the Democratic National Committee. ``(2) Qualifications.--Members of the Commission may be from the public or private sector, and may include Federal, State, or local officers or employees, members of academia, nonprofit organizations, or other interested individuals. ``(3) Vacancies.--Any vacancy shall be filled in the same manner as the original appointment not later than 10 days after the vacancy occurs. ``(4) Compensation.--Members of the Commission shall receive no compensation for service on the Commission, but 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 service for the Commission. ``(c) Powers; Meetings.--Except as provided in subsection (d), decisions made by the Commission shall be made by unanimous consent of the commissioners. The Commission shall meet at a time and a site agreed upon by each of the members. ``(d) Staff.-- ``(1) Executive director.--With the approval of the majority of the Commission's members and without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, the Commission shall appoint an executive director, who shall be paid at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5315 of title 5, United States Code. ``(2) Other personnel.--With the approval of the majority of the Commission's members, the Commission may appoint a secretarial assistant and such other staff as the Commission considers appropriate, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classifications and General Schedule pay rates, except that the rate of pay for any such personnel may not exceed 75 percent of the rate of pay for the Executive Director. ``(3) Temporary and intermittent services.--The Commission may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code. ``(e) Duties.--It shall be the duty of the Commission to establish a schedule of debates in accordance with subsection (f) as follows: ``(1) One preliminary debate. ``(2) Not more than 2 Vice Presidential debates. ``(3) Not less than 2 or more than 4 Presidential debates. ``(f) Debates Described.-- ``(1) Preliminary debates.--A preliminary debate shall take place no sooner than 90 days and no later than 60 days before a Presidential election. The time and place of the preliminary debate shall be announced by the Commission no later than 14 days before the scheduled preliminary debate. A preliminary debate shall involve any person who has declared himself a candidate for the position of President of the United States who is either on the ballot in all 50 States or is the choice of 5 percent of likely voters to be President of the United States, as determined by the Commission. Factors to be taken into account include nationally recognized polling data. The format shall be decided by the Commission. The attendance by any candidate at the preliminary debate is optional. ``(2) Vice presidential debates.--Vice Presidential debates shall take place at least 7 days following the preliminary debate. The time and date of all Vice Presidential debates shall be announced no later than 14 days prior to the first Vice Presidential debate. All Vice Presidential debates shall involve persons who are the Vice Presidential candidates to qualified Presidential candidates described in paragraph (4). The format of debates shall be decided by the Commission. ``(3) Presidential debates.--Presidential debates shall take place no sooner than 7 days following the preliminary debate. The time and date of all qualified debates shall be announced no later than 21 days prior to the first scheduled qualified debate. The format of debates shall be decided by the Commission, with at least 1 being of the single moderator format. Presidential debates shall involve persons who are qualified Presidential candidates described in paragraph (4). ``(4) Qualified presidential candidate defined.--In this subsection, a `qualified Presidential candidate' is a candidate for President of the United States who is the choice of not less than 5 percent of likely voters, to be determined by the Commission taking into account only the polling data collected no sooner than 1 day after the conclusion of the preliminary debate. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to each Commission appointed under this section such sums as may be necessary to carry out its activities with respect to the election involved. ``(h) Termination.--Each Commission appointed under this section shall terminate on the date following the day of the election for which the Commission was appointed.''. SEC. 3. REDUCTION IN AMOUNT OF FEDERAL PAYMENTS FOR PARTY CONVENTIONS OF PARTIES NOT PARTICIPATING IN COMMISSION DEBATES. Section 9008 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(i) Reduction in Payments for Parties Not Participating in Debates Certified by Presidential Debate Commission.-- ``(1) In general.--If the nominee for President of the United States or Vice President of the United States of a party receiving payments under this section does not certify to the Commission that the nominee will participate in all applicable debates scheduled by the Presidential Debate Commission pursuant to section 323 of the Federal Election Campaign Act of 1971 with respect to a general election (other than a preliminary debate described in section 323(f)(1) of such Act), the amount of the payment to which the party is otherwise entitled under this section for the nominating convention for the following general election shall be reduced by the percentage described in paragraph (2). ``(2) Reduction percentage described.--The percentage described in this paragraph with respect to a party is the amount (expressed as a percentage) equal to-- ``(A) the number of Presidential and Vice Presidential debates scheduled by the Presidential Debate Commission with respect to an election that the party's nominee did not attend; divided by ``(B) the total number of such debates scheduled by the Commission with respect to the election.''. | Presidential Debate Reform Act - Amends the Federal Election Campaign Act of 1971 to direct the President to establish a Presidential Debate Commission (Commission) six months before each general election for the offices of President and Vice President beginning with the general election in 2000. Directs the Commission to establish: (1) one preliminary debate; (2) not more than two vice presidential debates; and (3) not fewer than two nor more than four presidential debates. Authorizes appropriations. Amends the Internal Revenue Code to reduce the amount of Federal payments for a party's nominating convention for the following general election if the party's nominee for President or Vice President does not certify to the Commission that the nominee will participate in all applicable Commission debates (other than a preliminary debate). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Save Consumers Aggravation and Money Act of 2000''. SEC. 2. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES. Title II of the Communications Act of 1934 is amended by inserting after section 231 (47 U.S.C. 231) the following new section: ``SEC. 232. RATE DISCLOSURES BY PROVIDERS OF DIAL-AROUND SERVICES. ``(a) Definitions.--As used in this section: ``(1) Dial-around services.--The term `dial-around services' means a product or service by which a person may use a seven-digit code to bypass such person's preferred interstate carrier to gain access to the telecommunications services of another carrier. ``(2) Consumer.--The term `consumer' means a person initiating any interstate telephone call using a seven-digit code to obtain dial-around services. ``(3) Preferred interstate carrier.--The term `preferred interstate carrier' means the carrier that provides interstate service to a consumer on a prescribed basis. ``(4) Presubscribed basis.--The term `presubscribed basis' means the selection of a common carrier to carry all interstate calls initiated by dialing `1' or `0' plus the area code, plus the terminating telephone number, or by dialing `011' or `00'. ``(5) Provider of dial-around services.--The term `provider of dial-around services' means any common carrier that provides interexchange services, or any other person determined by the Commission to be providing interexchange services, through the use of a dial-around code. ``(b) Requirements for Providers.--Beginning not later than 90 days after the date of enactment of this section, each provider of dial- around services shall, at a minimum-- ``(1) identify itself, audibly and distinctly, to the consumer at the beginning of each telephone call and before the consumer incurs any charge for the call; ``(2) disclose immediately to the consumer, upon request and at no charge to the consumer-- ``(A) a quote of its rates or charges for the call; ``(B) the methods by which such rates or charges will be collected; and ``(C) the methods by which complaints concerning such rates, charges, or collection practices will be resolved; and ``(3) permit the consumer to terminate the telephone call at no charge before the call is connected. ``(c) General Rulemaking Required.-- ``(1) Rulemaking proceeding.--The Commission shall conduct a rulemaking proceeding pursuant to this section and section 201(b) to prescribe regulations to-- ``(A) protect consumers from unfair and deceptive practices relating to their use of dial-around services to place interstate telephone calls; and ``(B) ensure that consumers have the information necessary to make informed choices in making such calls. ``(2) Contents of regulations.--The regulations prescribed under this section shall-- ``(A) contain provisions to implement each of the requirements of this section; and ``(B) contain such other provisions as the Commission determines necessary to carry out this section and section 201(b) and the purposes and policies of this section and section 201(b). ``(d) Statutory Construction.--Nothing in this section shall be construed to alter the obligations, powers, or duties of common carriers or the Commission under section 201(b) on the other sections of this Act.''. SEC. 3. PREVENTION OF FRAUDULENT ADVERTISING OF DIAL-AROUND SERVICES. (a) Amendment.--Section 201 of the Telephone Consumer Protection Act of 1991 (15 U.S.C. 5711) is amended-- (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following new subsection: ``(b) Dial-Around Services Advertising.-- ``(1) Advertising regulations.--The Commission shall prescribe rules in accordance with this subsection to prohibit unfair and deceptive acts and practices in any advertisement for dial-around services. Such rules shall require that the person offering such dial-around services-- ``(A) clearly and conspicuously disclose in any advertising the cost of the use of such dial-around services, including the total cost or the cost per minute and any other fees for that service and for any other dial-around service to which the caller may be transferred; ``(B) be prohibited from using advertisements that emit electronic tones which can automatically dial a dial-around telephone number; ``(C) ensure that, whenever the dial-around code number to be called is shown in television and print media advertisements, the charges for dial-around services are clear and conspicuous and (when shown in television advertisements) displayed for the same duration as that number is displayed; and ``(D) in delivering any telephone message soliciting calls to a dial-around service, specify clearly, and at no less than the audible volume of the solicitation, the total cost and the cost per minute and any other fees for that service and for any other dial-around service to which the caller may be transferred. ``(3) Access to information.--The Commission shall by rule require a common carrier that provides telephone services to a provider of dial-around services to make available to the Commission any records and financial information maintained by such carrier relating to the arrangements (other than for the provision of local exchange service) between such carrier and any provider of dial-around services. ``(4) Evasions.--The rules issued by the Commission under this section shall include provisions to prohibit unfair or deceptive acts or practices that evade such rules or undermine the rights provided to customers under this title, including through the use of alternative billing or other procedures. ``(5) Treatment of rules.--A rule issued under this subsection shall be treated as a rule issued under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). ``(6) Effect on fcc.--Nothing in this section shall be construed to limit or otherwise alter the authority of the Federal Communications Commission under section 201(b), section 232, or any other provisions, of the Communications Act of 1934.''. (b) Conforming Amendments.-- (1) Deadline for regulations.--Section 201(c) of such Act (as redesignated by subsection (a)(1)) is amended by inserting after the first sentence the following: ``The Commission shall prescribe the rules under subsection (b) within 270 days after the date of enactment of the Save Consumers Aggravation and Money Act of 2000.''. (2) Cross references.--Sections 202, 203, and 204 of such Act are amended by striking ``section 201(a)'' each place it appears and inserting ``subsection (a) or (b) of section 201''. (3) Heading.--The heading of section 201(a) is amended by striking ``In General'' and inserting ``Pay-per-Call Services Regulations''. (4) Definition.--Section 204 of such Act is amended by adding at the end the following new paragraph: ``(5) The term `dial-around services' has the meaning provided in section 232(a) of the Communications Act of 1934.''. | Amends the Telephone Consumer Protection Act to require the Federal Trade Commission to prescribe rules to prohibit unfair and deceptive acts and practices in any advertisement for dial-around services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Save America's National Economy Act''. SEC. 2. REPEALER. (a) In General.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by the Budget Control Act of 2011, is repealed. (b) Conforming Amendment.--The item relating to section 251A in the table of contents set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. SEC. 3. INCREASED TAX RATES FOR TAXPAYERS WITH MORE THAN $1,000,000 TAXABLE INCOME. (a) In General.-- (1) Married individuals filing joint returns and surviving spouses.--The table contained in subsection (a) of section 1 is amended to read as follows: If taxable income is: The tax is: Not over $69,000............... 15% of taxable income. Over $69,000 but not over $139,350. $10,350, plus 28% of the excess over $69,000. Over $139,350 but not over $212,300. $30,048, plus 31% of the excess over $139,350. Over $212,300 but not over $379,150. $52,662.50, plus 36% of the excess over $212,300. Over $379,150 but not over $1,000,000. $112,728.50, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $358,585.10, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,408,585.10, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,008,585.10, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,608,585.10, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,608,585.10, plus 49% over the excess over $1,000,000,000. (2) Heads of household.--The table contained in subsection (b) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $46,250............... 15% of taxable income. Over $46,250 but not over $119,400. $6,937.50, plus 28% of the excess over $46,250. Over $119,400 but not over $193,350. $27,419.50, plus 31% of the excess over $119,400. Over $193,350 but not over $379,150. $50,344, plus 36% of the excess over $193,350. Over $379,150 but not over $1,000,000. $117,232, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $363,088.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,413,088.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,013,088.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,613,088.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,613,088.60, plus 49% of the excess over $1,000,000,000. (3) Unmarried individuals (other than surviving spouses and heads of households).--The table contained in subsection (c) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... 15% of taxable income. Over $34,500 but not over $83,600. $5,175, plus 28% of the excess over $34,500. Over $83,600 but not over $174,400. $18,923, plus 31% of the excess over $83,600. Over $174,400 but not over $379,150. $47,071, plus 36% of the excess over $174,400. Over $379,150 but not over $1,000,000. $120,781, plus 39.6% of the excess over $379,150. Over $1,000,000 but not over $10,000,000. $366,637.60, plus 45% of the excess over $1,000,000. Over $10,000,000 but not over $20,000,000. $4,416,637.60, plus 46% of the excess over $10,000,000. Over $20,000,000 but not over $100,000,000. $9,016,637.60, plus 47% of the excess over $20,000,000. Over $100,000,000 but not over $1,000,000,000. $46,616,637.60, plus 48% of the excess over $100,000,000. Over $1,000,000,000............ $478,616,637.60, plus 49% of the excess over $1,000,000,000. (4) Married individuals filing separate returns.--The table contained in subsection (d) of section 1 of such Code is amended to read as follows: If taxable income is: The tax is: Not over $34,500............... plus 15% of taxable income. Over $34,500 but not over $69,675. $5,175, plus 28% of the excess over $34,500. Over $69,675 but not over $106,150. $15,024, plus 31% of the excess over $69,675. Over $106,150 but not over $189,575. $26,331.25, plus 35% of the excess over $106,150. Over $189,575 but not over $500,000. $55,530, plus 39.6% of the excess over $189,575. Over $500,000 but not over $5,000,000. $178,458.30, plus 45% of the excess over $500,000. Over $5,000,000 but not over $10,000,000. $2,203,458.30, plus 46% of the excess over $5,000,000. Over $10,000,000 but not over $50,000,000. $4,503,458.30, plus 47% of the excess over $10,000,000. Over $50,000,000 but not over $500,000,000. $23,303,458.30, plus 48% of the excess over $50,000,000. Over $500,000,000.............. $239,303,458.30, plus 49% of the excess over $500,000,000. (b) Recapture of Lower Capital Gains Rates for Individuals Subject to Added Rate Brackets.-- (1) In general.--Section 1 of such Code is amended by adding at the end the following new subsection: ``(j) Special Rule for Capital Gains in Case of Taxable Income Subject to at Least 45-Percent Rate Bracket.--If for the taxable year a taxpayer has taxable income in excess of the minimum dollar amount for the 45-percent rate bracket and has a net capital gain, then-- ``(1) the tax imposed by this section for the taxable year with respect to such excess shall be determined without regard to subsection (h), and ``(2) the amount of net capital gain of the taxpayer taken into account for the taxable year under subsection (h) shall be reduced by the lesser of-- ``(A) such excess, or ``(B) the net capital gain for the taxable year. Any reduction in net capital gain under the preceding sentence shall be allocated between adjusted net capital gain, unrecaptured 1250 gain, and section 1202 gain in amounts proportionate to the amounts of each such gain.''. (2) Conforming amendment.--Paragraph (1) of section 1(h) of such Code is amended by striking ``If a taxpayer has'' and inserting ``Except to the extent provided in subsection (j), if a taxpayer has''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2013. SEC. 4. SAVINGS FROM OVERSEAS CONTINGENCY AND RELATED ACTIVITIES. (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 new subparagraph: ``(E) Overseas contingency and related activities.-- ``(i) Cap adjustment.--If a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for overseas contingency and related activities for that fiscal year after taking into account any other bills or joint resolutions enacted for that fiscal year that specify an amount for overseas contingency and related activities, but do not exceed in the aggregate the amounts specified in clause (ii), then the adjustments for that fiscal year shall be the additional new budget authority provided in that Act for such activities for that fiscal year. ``(ii) Levels.--The levels for overseas contingency and related activities specified in this subparagraph are as follows: ``(I) For fiscal year 2013, $83,000,000,000 in budget authority. ``(II) For fiscal year 2014, $50,000,000,000 in budget authority. ``(III) For fiscal year 2015, $50,000,000,000 in budget authority. ``(IV) For fiscal year 2016, $50,000,000,000 in budget authority. ``(V) For fiscal year 2017, $50,000,000,000 in budget authority. ``(VI) For fiscal year 2018, $50,000,000,000 in budget authority. ``(VII) For fiscal year 2019, $50,000,000,000 in budget authority. ``(VIII) For fiscal year 2020, $50,000,000,000 in budget authority. ``(IX) For fiscal year 2021, $50,000,000,000 in budget authority.''. (b) Breach.--Section 251(a)(2) of such Act (2 U.S.C. 901(a)(2)) is amended to read as follows: ``(2) Eliminating a breach.-- ``(A) In general.--Each non-exempt account within a category shall be reduced by a dollar amount calculated by multiplying the enacted level of sequestrable budgetary resources in that account by the uniform percentage necessary to eliminate a breach within that category. ``(B) Overseas contingencies.--Any amount of budget authority for overseas contingency operations and related activities for fiscal years 2013 through 2021 in excess of the levels set in subsection 251(b)(2)(E) shall be counted in determining whether a breach has occurred in the security category and the nonsecurity category on a proportional basis to the total spending for overseas contingency operations in the security category and the nonsecurity category.''. (c) Conforming Amendment.--Section 251(b)(2)(A) of such Act (2 U.S.C. 901(b)(2)(A)) is amended to read as follows: ``(A) Emergency appropriations.--If, for any fiscal year, appropriations for discretionary accounts are enacted that the Congress designates as emergency requirements in statute on an account by account basis and the President subsequently so designates, the adjustment shall be the total of such appropriations in discretionary accounts designated as emergency requirements.''. | Save America's National Economy Act - Repeals provisions of the Balanced Budget and Emergency Deficit Control Act of 1985, as added by the Budget Control Act of 2011, that require automatic reductions in discretionary spending (sequestration) between FY2013 and FY2021. Amends the Internal Revenue Code to: (1) increase individual income tax rates for taxpayers whose taxable income exceeds $1 million, and (2) provide for an adjustment in the capital gains tax of taxpayers whose taxable income is subject to the 45% tax bracket. Establishes caps on funding levels for overseas contingency operations and related activities for FY2013-FY2021. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017''. SEC. 2. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. Title III of the Public Health Service Act is amended by inserting after section 399V-6 of such Act (42 U.S.C. 280g-17) the following: ``SEC. 399V-7. PATIENT REGISTRY FOR MESOTHELIOMA DATA COLLECTION AND RESEARCH. ``(a) In General.--The Secretary, acting through the Administrator of the Agency for Toxic Substances and Disease Registry, shall develop a patient registry to collect data on mesothelioma, including information with respect to the incidence and prevalence of the disease in the United States. ``(b) Uses.--The Secretary shall use the registry under subsection (a)-- ``(1) to enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; ``(2) to collect, consolidate, and report on health information on patients who have been diagnosed with mesothelioma, including with respect to-- ``(A) treatment outcomes, including patient longevity; and ``(B) the number of patients receiving treatment for mesothelioma disaggregated by hospital; ``(3) to better describe the incidence and prevalence of mesothelioma in the United States; ``(4) to facilitate further research on mesothelioma; ``(5) to examine factors, such as environmental and occupational factors, that may be associated with mesothelioma; ``(6) to better outline key demographic factors (such as age, race or ethnicity, gender, and family history) associated with mesothelioma; and ``(7) to make the information in such registry, other than individually identifiable information, available to the public to facilitate and enhance research on, and prevention and treatment of, mesothelioma. ``(c) Content.--In carrying out this section, the Secretary-- ``(1) shall provide for the collection and storage of information on the incidence and prevalence of mesothelioma in the United States; ``(2) when scientifically possible, shall provide for the collection and storage of other available information on mesothelioma, such as information concerning-- ``(A) demographics and other information associated or possibly associated with mesothelioma, such as age, race, ethnicity, sex, geographic location, and family history; ``(B) risk factors associated or possibly associated with mesothelioma, including genetic and environmental risk factors; and ``(C) diagnosis and progression markers; and ``(3) may provide for the collection and storage of information relevant to analysis on mesothelioma, such as information concerning-- ``(A) the epidemiology of the disease; ``(B) the natural history of the disease; ``(C) the prevention of the disease; ``(D) the detection, management, and treatment approaches for the disease; and ``(E) the development of outcomes measures. ``(d) Consultation.--In carrying out this section, the Secretary shall consult with individuals with appropriate expertise, including non-Federal mesothelioma experts including-- ``(1) epidemiologists with experience in disease surveillance or registries; ``(2) representatives of national voluntary associations that focus on mesothelioma or have demonstrated experience in research, care, or patient service for mesothelioma; ``(3) health information technology experts or other information management specialists; ``(4) clinicians with expertise in mesothelioma; and ``(5) research scientists with experience conducting translational research or utilizing surveillance systems for scientific research purposes. ``(e) Coordination With Other Federal Agencies.--The Secretary shall make information in and analysis derived from the registry under this section available, as appropriate, to Federal departments and agencies, such as the National Institutes of Health, the Food and Drug Administration, the Centers for Medicare & Medicaid Services, the Agency for Healthcare Research and Quality, the Department of Veterans Affairs, and the Department of Defense. ``(f) Public Access.--Subject to subsection (g), the Secretary shall make information in, and analysis derived from, the registry under this section available, as appropriate, to the public, including researchers. ``(g) Privacy.--The Secretary shall ensure that privacy and security protections applicable to the registry under this section are at least as stringent as the privacy and security protections under HIPAA privacy and security law (as defined in section 3009). ``(h) Reports to Congress.-- ``(1) Initial report.--Not later than 18 months after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017, the Secretary shall submit to the Congress a report that-- ``(A) shall outline-- ``(i) the findings in the mesothelioma patient registry under subsection (a); ``(ii) future plans for expansion or revision of such registry; and ``(iii) the scope of such registry; and ``(B) may include a description of the activities undertaken by the Secretary to establish partnerships with research and patient advocacy communities to expand such registry. ``(2) Subsequent report.--Not later than 4 years after the date of enactment of the Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017, the Secretary shall submit a report to the Congress concerning the implementation of this section. Such report should include information on-- ``(A) the development and maintenance of the mesothelioma patient registry under subsection (a); ``(B) the type of information collected and stored in the registry; ``(C) the use and availability of such information, including guidelines for such use; and ``(D) the use and coordination of databases that collect or maintain information on mesothelioma.''. | Mary Jo Lawyer Spano Mesothelioma Patient Registry Act of 2017 This bill amends the Public Health Service Act to direct the Agency for Toxic Substances and Disease Registry to develop a patient registry to collect data on mesothelioma. The agency must use the registry to: enhance and expand infrastructure and activities for tracking the epidemiology of mesothelioma patients; collect, consolidate, and report on health information on mesothelioma patients; describe the incidence and prevalence of mesothelioma in the United States; facilitate research on mesothelioma; examine factors that may be associated with mesothelioma; outline key demographic factors associated with mesothelioma; and make information available to the public to facilitate and enhance research on, and the prevention and treatment of, mesothelioma. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``NIE on Iranian Proxy Forces Act''. SEC. 2. NATIONAL INTELLIGENCE ESTIMATE. (a) Findings.--Congress finds the following: (1) Hizballah is active in Syria and its fighters have helped President Bashar Al-Assad maintain regime control. (2) Hizballah fighters are returning to Lebanon more battle-tested and more capable than ever before. (3) In 2006, Hizballah's rocket and missile arsenal in Lebanon was approximately 15,000; however, by 2017, this figure has grown ten-fold to more than 150,000. (4) Iran, through various means, illicitly transfers weapons to Hizballah. (5) Iran is reportedly building missile production facilities in Lebanon to enable an indigenous rocket-producing capability for Hizballah. (b) National Intelligence Estimate.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of State, shall produce a National Intelligence Estimate-- (1) on Iranian support of proxy forces in Syria and Lebanon; and (2) assessing the increased threat posed to Israel, other United States regional allies, and other specified interests of the United States as a result of such support. (c) Matters To Be Included.--The National Intelligence Estimate required under subsection (b) shall include, at a minimum, information relating to the following matters with respect to both the strategic and tactical implications for the United States and its allies: (1) A description of arms or related material transferred by Iran to Hizballah since March 2011, including the number of such arms or related material and whether such transfer was by land, sea, or air, as well as financial and additional technological capabilities transferred by Iran to Hizballah. (2) A description of Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran's Revolutionary Guard Corps forces, operating within Syria, including the number and geographic distribution of such personnel operating within 30 kilometers of the Israeli borders with Syria and Lebanon as well as Deir al Zour, Syria. (3) An assessment of Hizballah's operational lessons learned based on its recent experiences in Syria. (4) A description of any rocket-producing facilities in Lebanon for non-state actors, including whether such facilities were assessed to be built at the direction of Hizballah leadership, Iranian leadership, or in consultation between Iranian leadership and Hizballah leadership. (5) An analysis of the foreign and domestic supply chains that significantly facilitate, support, or otherwise aid Hizballah's acquisition or development of missile production facilities, including the geographic distribution of such foreign and domestic supply chains. (6) An assessment of the provision of goods, services, or technology transferred by Iran or its affiliates to Hizballah to indigenously manufacture or otherwise produce missiles. (7) An identification of foreign persons that are, based on credible information, facilitating the transfer of significant financial support or arms or related material to Hizballah. (8) A description of Russia's tactical and strategic collaboration with Iranian and Hizballah elements in Syria. (9) A description of the threat posed to Israel and other United States partners in the Middle East by the transfer of arms or related material or other support offered to Hizballah from Iran. (d) Submission to Congress.--Upon completion of the National Intelligence Estimate required under subsection (b), the Director of National Intelligence shall submit to the Committee on Foreign Affairs, the Committee on Financial Services, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Development, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate a copy of such estimate. (e) Arms or Related Material Defined.--The term ``arms or related material'' means-- (1) nuclear, biological, chemical, or radiological weapons or materials or components of such weapons; (2) ballistic or cruise missile weapons or materials or components of such weapons; (3) destabilizing numbers and types of advanced conventional weapons; (4) defense articles or defense services, as those terms are defined in paragraphs (3) and (4), respectively, of section 47 of the Arms Export Control Act (22 U.S.C. 2794); (5) defense information, as that term is defined in section 644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403); or (6) items designated by the President for purposes of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)). SEC. 3. STRATEGY. (a) In General.--Not later than 60 days after completion of the National Intelligence Estimate required under section 2(b), the President shall transmit to Congress a strategy to prevent Iran from expanding its power in Syria and Lebanon. (b) Matters To Be Included.--Such strategy shall include plans to-- (1) limit Iranian and Iranian-controlled personnel, including Hizballah, Shiite militias, and Iran's Revolutionary Guard Corps forces, operating within Syria and Lebanon; and (2) work with United States allies to prevent Iranian and Iranian-controlled personnel access to areas in Syria liberated by United States-backed forces. | NIE on Iranian Proxy Forces Act This bill requires the Office of the Director of National Intelligence to produce a National Intelligence Estimate on Iranian support of proxy forces in Syria and Lebanon and the threat such support poses to Israel, other U.S. regional allies, and specified U.S. interests. Not later than 60 days after the National Intelligence Estimate is completed, the President shall provide to Congress a strategy to prevent Iran from expanding its power in Syria and Lebanon. |
SECTION 1. SHORT TITLE; PURPOSE. (a) Short Title.--This Act may be cited as the ``State-Based Universal Health Care Act of 2015''. (b) Purpose.--The purpose of this Act is to establish a flexible framework under which each State can provide comprehensive universal health coverage to all of its residents. SEC. 2. WAIVER FOR STATE UNIVERSAL HEALTH CARE. (a) In General.--Subtitle D of title I of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by inserting after section 1332 (42 U.S.C. 18052) the following new section: ``SEC. 1332A. WAIVER FOR STATE UNIVERSAL HEALTH CARE. ``(a) Application.-- ``(1) In general.--A State may apply to the Secretary (as defined in subsection (g)(3)) for the waiver of so much of the requirements described in paragraph (2) with respect to health benefits coverage within that State for plan years beginning on or after January 1, 2016, as is necessary to implement a comprehensive State universal health care plan in the State under this section. Such application shall-- ``(A) be filed at such time and in such manner as the Secretary may require; ``(B) contain such information as the Secretary may require, including-- ``(i) a comprehensive description of the State legislation and program to implement a plan meeting the requirements for a waiver under this section; and ``(ii) a 10-fiscal-year budget plan for such plan that is budget neutral for the Federal Government; and ``(C) provide an assurance that the State has enacted the law described in subsection (b)(2). ``(2) Requirements.--The requirements described in this paragraph with respect to health benefits coverage within the State for plan years beginning on or after January 1, 2016, are as follows: ``(A) Parts I, II, and III of subtitle D. ``(B) Section 1402. ``(C) Sections 36B, 4980H, and 5000A of the Internal Revenue Code of 1986. ``(D) Title XI of the Social Security Act. ``(E) Title XVIII of the Social Security Act. ``(F) Title XIX of the Social Security Act. ``(G) Title XXI of the Social Security Act. ``(H) Chapter 89 of title 5 of the United States Code. ``(I) Chapter 55 of title 10, United States Code, including coverage under the TRICARE program. ``(J) Section 514 of the Employee Retirement Income Security Act of 1974. ``(3) Pass through of funding.--With respect to a State waiver under paragraph (1), under which the State assumes responsibility for health coverage under a specified Federal health program, including under each of the Federal health care or subsidy programs specified in subparagraphs (B), (C), (E), (F), (G), and (H) of paragraph (2), the Secretary shall not spend Federal health funds that would otherwise have been spent for such program and shall provide for an alternative means by which the aggregate amount of such funds shall be paid to the State for purposes of implementing the State plan under the waiver. Such amount shall be determined annually by the Secretary, taking into account the amount that would otherwise have been spent under such Federal health program with respect to residents of such State, if such waiver did not apply. Such amount shall include funds equal to the amount of premium tax credits, cost-sharing reductions, or small-business credits under sections 36B and 45R of the Internal Revenue Code of 1986 or under section 1402 that would have been available to individuals and businesses in the State if such waiver did not apply. ``(4) Waiver consideration and transparency.-- ``(A) In general.--An application for a waiver under this section shall be considered by the Secretary in accordance with the regulations described in subparagraph (B). ``(B) Regulations.--Not later than 180 days after the date of enactment of the State-Based Universal Health Care Act of 2015, the Secretary shall promulgate regulations relating to waivers under this section that provide-- ``(i) a process for public notice and comment at the State level, including public hearings, sufficient to ensure a meaningful level of public input; ``(ii) a process for the submission of an application that ensures the disclosure of-- ``(I) the provisions of law that the State involved seeks to waive; and ``(II) the specific plans of the State to ensure that the waiver will be in compliance with subsection (b); ``(iii) a process for providing public notice and comment after the application is received by the Secretary, that is sufficient to ensure a meaningful level of public input and that does not impose requirements that are in addition to, or duplicative of, requirements imposed under the Administrative Procedure Act, or requirements that are unreasonable or unnecessarily burdensome with respect to State compliance; ``(iv) a process for the submission to the Secretary of periodic reports by the State concerning the implementation of the program under the waiver; and ``(v) a process for the periodic evaluation by the Secretary with respect to waivers granted under this section. ``(C) Report.--The Secretary shall annually report to Congress concerning actions taken by the Secretary with respect to applications for waivers, and programs conducted through waivers granted, under this section. ``(b) Granting of Waivers.-- ``(1) In general.--The Secretary may grant a request for a waiver under subsection (a)(1) only if the Secretary determines that the State plan-- ``(A) will provide health benefits coverage to State residents that is at least as comprehensive as the health benefits coverage that such residents would have received under the specified Federal health program for which such residents would have been eligible, absent such waiver; ``(B) will provide coverage and cost sharing protections against excessive out-of-pocket spending to State residents that are at least as affordable as the coverage and cost sharing protections under the specified Federal health program for which such residents would have been eligible, absent such waiver; ``(C) will provide coverage to substantially all residents of the State, including substantially all those otherwise covered under the Federal health care or subsidy programs specified in subparagraphs (B), (C), (E), (F), (G), and (H) of subsection (a)(2), except individuals who are eligible for benefits through the Indian Health Service or for benefits and services under title 38, United States Code; ``(D) will be publicly administered by an agency of the State; and ``(E) will not increase the Federal deficit. Subparagraph (D) shall not be construed as limiting a State from contracting with one or more private entities to administer the plan. ``(2) Requirement to enact a law.-- ``(A) In general.--A law described in this paragraph is a State law that provides for State actions under a waiver under this section, including the implementation of the State plan under subsection (a)(1)(B). ``(B) Termination of opt out.--A State may repeal a law described in subparagraph (A) and terminate the authority provided under the waiver with respect to the State. ``(c) Scope of Waiver.-- ``(1) In general.--The Secretary shall determine the scope of a waiver of a requirement described in subsection (a)(2) granted to a State under subsection (a)(1). ``(2) Limitation.--Under this section, the Secretary may not waive any Federal law or requirement that is not listed in subsection (a)(2). ``(d) Determinations by Secretary.-- ``(1) Time for determination.--The Secretary shall make a determination under subsection (a)(1) not later than 180 days after the receipt of an application from a State under such subsection. ``(2) Effect of determination.-- ``(A) Granting of waivers.--If the Secretary determines to grant a waiver under subsection (a)(1), the Secretary shall notify the State involved of such determination and the terms and effectiveness of such waiver. ``(B) Denial of waiver.--If the Secretary determines a waiver should not be granted under subsection (a)(1), the Secretary shall notify the State involved and the appropriate committees of Congress of such determination and the reasons therefor. ``(e) Term of Waiver.--No waiver under this section may extend over a period of longer than 5 years unless the State requests continuation of such waiver, and such request shall be deemed granted unless the Secretary, within 90 days after the date of its submission to the Secretary, either denies such request in writing or informs the State in writing with respect to any additional information which is needed in order to make a final determination with respect to the request. ``(f) Assuring Coordination.-- ``(1) In general.--Not later than 180 days after the enactment of the State-Based Universal Health Care Act of 2015, the Secretary of Health and Human Services, the Secretary of the Treasury, the Director of the Office of Personnel Management, the Secretary of Defense, and the Secretary of Labor shall, through the execution of an interagency memorandum of understanding among such Secretaries and the Director-- ``(A) develop a process for coordinating and consolidating the State waiver processes applicable under the provisions of this section, and the existing waiver processes applicable under-- ``(i) titles XI, XVIII, XIX, and XXI of the Social Security Act; and ``(ii) any other Federal law relating to the provision of health care items or services; and ``(B) ensure that-- ``(i) regulations (including regulations required under subsection (a)(4)(B)), rulings, and interpretations issued by such Secretaries and the Director relating to the same matter over which two or more such Secretaries or Director have responsibility under this section are administered so as to have the same effect at all times; and ``(ii) coordination of policies relating to the granting, implementation, and continuation of waivers through such Secretaries and Director in order to have a coordinated strategy that avoids duplication of effort by the States or Secretaries and Director and ensures clarity about waiver application status and approval. ``(2) Single application.--The process under paragraph (1)(A) shall permit a State to submit a single application for a waiver under all of the provisions of this section and the provisions of law listed under clauses (i) and (ii) of such paragraph. ``(3) Submission of conforming amendments.--The Secretary of Health and Human Services, in coordination with the other Secretaries (including the Director of the Office of Personnel Management), shall submit to Congress such recommendations for such technical and conforming amendments to law as may be appropriate to assist in the implementation of this section. ``(g) Definitions.--In this section: ``(1) Health benefits coverage.--The term `health benefits coverage'-- ``(A) means-- ``(i) health insurance coverage, as such term is defined in section 2791(b) of the Public Health Service Act (42 U.S.C. 300gg- 91(b)); and ``(ii) coverage under a group health plan, as such term is defined in section 2791(a) of the Public Health Service Act (42 U.S.C. 300gg- 91(a)); and ``(B) includes any medical coverage or health benefits provided under any specified Federal health program described in subparagraphs (A) through (E) of paragraph (4). ``(2) Resident.--With respect to a State, the term `resident' means an individual who is a citizen or national of the United States or an alien lawfully residing in the State, and whose primary residence (as defined by the State) is located in the State. ``(3) Secretary.--The term `Secretary' means-- ``(A) the Secretary of Health and Human Services with respect to waivers relating to the provisions described in subparagraphs (A), (B), and (D) through (G) of paragraph (2) of subsection (a); ``(B) the Secretary of the Treasury with respect to waivers relating to the provisions described in subparagraph (C) of such paragraph; ``(C) the Director of the Office of Personnel Management with respect to waivers relating to the provisions described in subparagraph (H) of such paragraph; ``(D) the Secretary of Defense with respect to waivers relating to the provisions described in subparagraph (I) of such paragraph; and ``(E) the Secretary of Labor with respect to waivers relating to the provisions described in subparagraph (J) of such paragraph. ``(4) Specified federal health program.--The term `specified Federal health program' means all of the following programs: ``(A) The Medicare program under title XVIII of the Social Security Act. ``(B) The Medicaid program under title XIX of the Social Security Act. ``(C) The Children's Health Insurance Program under title XXI of the Social Security Act. ``(D) The Federal Employees Health Benefits Plan under chapter 89 of title 5 of the United States Code. ``(E) Medical coverage under chapter 55 of title 10, United States Code, including coverage under the TRICARE program. ``(F) An Exchange established under this subtitle. ``(G) Subsidies under section 1402. ``(H) Tax credits under sections 36B and 45R of the Internal Revenue Code of 1986.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 1332 the following new item: ``Sec. 1332A. Waiver for State universal health care.''. | State-Based Universal Health Care Act of 2015 This bill amends the Patient Protection and Affordable Care Act to allow states to apply for waivers to health benefits coverage requirements in order to implement a universal health care plan. The state universal health care plan must be at least as comprehensive and affordable as coverage under federal health programs and cover substantially all state residents. States may apply to waive requirements for: health insurance exchanges, plans sold on exchanges, and the program to support nonprofit insurance issuers; reduced cost-sharing for individuals meeting income criteria; health insurance premium subsidies, employer shared responsibility payments, and minimum essential coverage; health benefits under titles XI (General Provisions), XVIII (Medicare), XIX (Medicaid), and XXI (Children's Health Insurance) (CHIP) of the Social Security Act; federal employee health benefits; health benefits for members of the military; and health insurance under the Employee Retirement Income Security Act of 1974 (ERISA). The Department of Health and Human Services (HHS) must pay a state that assumes responsibility for health coverage currently provided under a federal health program the amount that would otherwise have been spent under the program. HHS, the Office of Personnel Management, and the Departments of the Treasury, Defense, and Labor must coordinate and consolidate this state waiver process with existing waiver processes to ensure consistency and avoid duplication of effort. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Farm Estate Tax Deferral 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), ``(2) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, ``(3) the decedent for the 3-taxable-year period (10- taxable-year period in the case of any qualified farmland which is qualified woodland described in section 2032A(c)(2)(F)(i)) preceding the date of the decedent's death had an average adjusted gross income not exceeding the average adjusted gross income limitation applicable under subparagraphs (A) and (B) of section 1001D(b)(1) of the Food Security Act of 1985 (7 U.S.C. 1308-3a(b)(1)) (as in effect on such date), ``(4) 50 percent or more of the adjusted value of the gross estate at the date of the decedent's death consists of real or personal property which is used as a farm for farming purposes (within the meaning of section 2032A(e)), ``(5) 25 percent or more of the adjusted value of the gross estate consists of the adjusted value of qualified farmland which is real property, and ``(6) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which-- ``(A) the qualified farmland which is such real property was owned by the decedent or a member of the decedent's family, and ``(B) there was material participation (within the meaning of section 2032A(e)(6)) by the decedent or a member of the decedent's family in the operation of such farmland. Rules similar to the rules of paragraphs (4) and (5) of section 2032A(b) shall apply for purposes of subparagraph (B). ``(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) Adjusted value.--The term `adjusted value' means the value of farmland for purposes of this chapter (determined without regard to this section), reduced by any amounts allowable as a deduction in respect to such farmland under paragraph (3) or (4) of section 2053(a). ``(3) 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 paragraphs (1) and (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 the Internal Revenue Code of 1986 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 the Internal Revenue Code of 1986 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 Deferral Act of 2010 - Amends the Internal Revenue Code to: (1) exclude from the value of a decedent's gross estate farmland used by the decedent or a member of the decedent's family for farming purposes for periods aggregating five years or more during the eight-year period ending on the date of the decedent's death; (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. |
TITLE I--FORMER VICE PRESIDENT PROTECTION ACT SEC. 101. SHORT TITLE. This title may be cited as the ``Former Vice President Protection Act of 2008''. SEC. 102. SECRET SERVICE PROTECTION FOR FORMER VICE PRESIDENTS AND THEIR FAMILIES. Section 3056(a) of title 18, United States Code, is amended-- (1) by inserting immediately after paragraph (7) the following: ``(8) Former Vice Presidents, their spouses, and their children who are under 16 years of age, for a period of not more than six months after the date the former Vice President leaves office. The Secretary of Homeland Security shall have the authority to direct the Secret Service to provide temporary protection for any of these individuals at any time thereafter if the Secretary of Homeland Security or designee determines that information or conditions warrant such protection.''; and (2) in the sentence immediately preceding subsection (b) of section 3056, by striking ``(7)'' and inserting ``(8)''. SEC. 103. EFFECTIVE DATE. The amendments made by this Act shall apply with respect to any Vice President holding office on or after the date of enactment of the Act. TITLE II--IDENTITY THEFT ENFORCEMENT AND RESTITUTION ACT SEC. 201. SHORT TITLE. This title may be cited as the ``Identity Theft Enforcement and Restitution Act of 2008''. SEC. 202. CRIMINAL RESTITUTION. Section 3663(b) of title 18, United States Code, is amended-- (1) in paragraph (4), by striking ``; and'' and inserting a semicolon; (2) in paragraph (5), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(6) in the case of an offense under sections 1028(a)(7) or 1028A(a) of this title, pay an amount equal to the value of the time reasonably spent by the victim in an attempt to remediate the intended or actual harm incurred by the victim from the offense.''. SEC. 203. ENSURING JURISDICTION OVER THE THEFT OF SENSITIVE IDENTITY INFORMATION. Section 1030(a)(2)(C) of title 18, United States Code, is amended by striking ``if the conduct involved an interstate or foreign communication''. SEC. 204. MALICIOUS SPYWARE, HACKING AND KEYLOGGERS. (a) In General.--Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) by striking subparagraph (B); and (B) in subparagraph (A)-- (i) by striking ``(A)(i) knowingly'' and inserting ``(A) knowingly''; (ii) by redesignating clauses (ii) and (iii) as subparagraphs (B) and (C), respectively; and (iii) in subparagraph (C), as so redesignated-- (I) by inserting ``and loss'' after ``damage''; and (II) by striking ``; and'' and inserting a period; (2) in subsection (c)-- (A) in paragraph (2)(A), by striking ``(a)(5)(A)(iii),''; (B) in paragraph (3)(B), by striking ``(a)(5)(A)(iii),''; (C) by amending paragraph (4) to read as follows: ``(4)(A) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 5 years, or both, in the case of-- ``(i) an offense under subsection (a)(5)(B), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused)-- ``(I) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; ``(II) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; ``(III) physical injury to any person; ``(IV) a threat to public health or safety; ``(V) damage affecting a computer used by or for an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or ``(VI) damage affecting 10 or more protected computers during any 1-year period; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(B) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- ``(i) an offense under subsection (a)(5)(A), which does not occur after a conviction for another offense under this section, if the offense caused (or, in the case of an attempted offense, would, if completed, have caused) a harm provided in subclauses (I) through (VI) of subparagraph (A)(i); or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(C) except as provided in subparagraphs (E) and (F), a fine under this title, imprisonment for not more than 20 years, or both, in the case of-- ``(i) an offense or an attempt to commit an offense under subparagraphs (A) or (B) of subsection (a)(5) that occurs after a conviction for another offense under this section; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(D) a fine under this title, imprisonment for not more than 10 years, or both, in the case of-- ``(i) an offense or an attempt to commit an offense under subsection (a)(5)(C) that occurs after a conviction for another offense under this section; or ``(ii) an attempt to commit an offense punishable under this subparagraph; ``(E) if the offender attempts to cause or knowingly or recklessly causes serious bodily injury from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for not more than 20 years, or both; ``(F) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; or ``(G) a fine under this title, imprisonment for not more than 1 year, or both, for-- ``(i) any other offense under subsection (a)(5); or ``(ii) an attempt to commit an offense punishable under this subparagraph.''; and (D) by striking paragraph (5); and (3) in subsection (g)-- (A) in the second sentence, by striking ``in clauses (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B)'' and inserting ``in subclauses (I), (II), (III), (IV), or (V) of subsection (c)(4)(A)(i)''; and (B) in the third sentence, by striking ``subsection (a)(5)(B)(i)'' and inserting ``subsection (c)(4)(A)(i)(I)''. (b) Conforming Changes.--Section 2332b(g)(5)(B)(i) of title 18, United States Code, is amended by striking ``1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii) through (v)'' and inserting ``1030(a)(5)(A) resulting in damage as defined in 1030(c)(4)(A)(i)(II) through (VI)''. SEC. 205. CYBER-EXTORTION. Section 1030(a)(7) of title 18, United States Code, is amended to read as follows: ``(7) with intent to extort from any person any money or other thing of value, transmits in interstate or foreign commerce any communication containing any-- ``(A) threat to cause damage to a protected computer; ``(B) threat to obtain information from a protected computer without authorization or in excess of authorization or to impair the confidentiality of information obtained from a protected computer without authorization or by exceeding authorized access; or ``(C) demand or request for money or other thing of value in relation to damage to a protected computer, where such damage was caused to facilitate the extortion;''. SEC. 206. CONSPIRACY TO COMMIT CYBER-CRIMES. Section 1030(b) of title 18, United States Code, is amended by inserting ``conspires to commit or'' after ``Whoever''. SEC. 207. USE OF FULL INTERSTATE AND FOREIGN COMMERCE POWER FOR CRIMINAL PENALTIES. Section 1030(e)(2)(B) of title 18, United States Code, is amended by inserting ``or affecting'' after ``which is used in''. SEC. 208. FORFEITURE FOR SECTION 1030 VIOLATIONS. Section 1030 of title 18, United States Code, is amended by adding at the end the following: ``(i)(1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States-- ``(A) such person's interest in any personal property that was used or intended to be used to commit or to facilitate the commission of such violation; and ``(B) any property, real or personal, constituting or derived from, any proceeds that such person obtained, directly or indirectly, as a result of such violation. ``(2) The criminal forfeiture of property under this subsection, any seizure and disposition thereof, and any judicial proceeding in relation thereto, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 853), except subsection (d) of that section. ``(j) For purposes of subsection (i), the following shall be subject to forfeiture to the United States and no property right shall exist in them: ``(1) Any personal property used or intended to be used to commit or to facilitate the commission of any violation of this section, or a conspiracy to violate this section. ``(2) Any property, real or personal, which constitutes or is derived from proceeds traceable to any violation of this section, or a conspiracy to violate this section''. SEC. 209. DIRECTIVE TO UNITED STATES SENTENCING COMMISSION. (a) Directive.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review its guidelines and policy statements applicable to persons convicted of offenses under sections 1028, 1028A, 1030, 2511, and 2701 of title 18, United States Code, and any other relevant provisions of law, in order to reflect the intent of Congress that such penalties be increased in comparison to those currently provided by such guidelines and policy statements. (b) Requirements.--In determining its guidelines and policy statements on the appropriate sentence for the crimes enumerated in subsection (a), the United States Sentencing Commission shall consider the extent to which the guidelines and policy statements may or may not account for the following factors in order to create an effective deterrent to computer crime and the theft or misuse of personally identifiable data: (1) The level of sophistication and planning involved in such offense. (2) Whether such offense was committed for purpose of commercial advantage or private financial benefit. (3) The potential and actual loss resulting from the offense including-- (A) the value of information obtained from a protected computer, regardless of whether the owner was deprived of use of the information; and (B) where the information obtained constitutes a trade secret or other proprietary information, the cost the victim incurred developing or compiling the information. (4) Whether the defendant acted with intent to cause either physical or property harm in committing the offense. (5) The extent to which the offense violated the privacy rights of individuals. (6) The effect of the offense upon the operations of an agency of the United States Government, or of a State or local government. (7) Whether the offense involved a computer used by the United States Government, a State, or a local government in furtherance of national defense, national security, or the administration of justice. (8) Whether the offense was intended to, or had the effect of, significantly interfering with or disrupting a critical infrastructure. (9) Whether the offense was intended to, or had the effect of, creating a threat to public health or safety, causing injury to any person, or causing death. (10) Whether the defendant purposefully involved a juvenile in the commission of the offense. (11) Whether the defendant's intent to cause damage or intent to obtain personal information should be disaggregated and considered separately from the other factors set forth in USSG 2B1.1(b)(14). (12) Whether the term ``victim'' as used in USSG 2B1.1, should include individuals whose privacy was violated as a result of the offense in addition to individuals who suffered monetary harm as a result of the offense. (13) Whether the defendant disclosed personal information obtained during the commission of the offense. (c) Additional Requirements.--In carrying out this section, the United States Sentencing Commission shall-- (1) assure reasonable consistency with other relevant directives and with other sentencing guidelines; (2) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges; (3) make any conforming changes to the sentencing guidelines; and (4) assure that the guidelines adequately meet the purposes of sentencing as set forth in section 3553(a)(2) of title 18, United States Code. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Title I: Former Vice President Protection Act - Former Vice President Protection Act of 2008 - Amends the federal criminal code to provide secret service protection to former Vice Presidents, their spouses, and their children under 16 years of age for up to six months after a former Vice President leaves office. Authorizes the Secretary of Homeland Security to direct the Secret Service to provide temporary protection to former Vice Presidents and their family members at any time thereafter if warranted. Extends such protection to any Vice President holding office on or after the enactment of this Act. Title II: Identity Theft Enforcement and Restitution Act - Identity Theft Enforcement and Restitution Act of 2008 - Amends the federal criminal code to: (1) authorize criminal restitution orders in identity theft cases to compensate victims for the time spent to remediate the intended or actual harm incurred; (2) allow prosecution of computer fraud offenses for conduct not involving an interstate or foreign communication; (3) eliminate the requirement that damage to a victim's computer aggregate at least $5,000 before a prosecution can be brought for unauthorized access to a computer; (4) make it a felony, during any one-year period, to damage 10 or more protected computers used by or for the federal government or a financial institution; (5) expand the definition of "cyber-extortion" to include a demand for money in relation to damage to a protected computer, where such damage was caused to facilitate the extortion; (6) prohibit conspiracies to commit computer fraud; (7) expand interstate and foreign jurisdiction for prosecution of computer fraud offenses; and (8) impose criminal and civil forfeitures of property used to commit computer fraud offenses. Directs the U.S. Sentencing Commission to review its guidelines and policy statements for the sentencing of persons convicted of identity theft, computer fraud, illegal wiretapping, and unlawful access to stored information to reflect the intent of Congress that penalties for such offenses be increased. Sets forth criteria for updating such guidelines and policy statements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Homeland Event Response Operations Grant Act of 2009''. SEC. 2. GRANTS FOR LOCAL HOMELAND EVENT RESPONSE OPERATIONS. (a) In General.--Title XX of the Homeland Security Act of 2002 (6 U.S.C. 601 et seq.) is amended by adding at the end the following: ``Subtitle C--Other Assistance ``SEC. 2041. GRANTS FOR LOCAL HOMELAND EVENT RESPONSE OPERATIONS. ``(a) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means a law enforcement agency or fire department of a State or local government (including a tribal government), including a police department, sheriff's office, or homeland security or emergency management department, that-- ``(A) normally operates not more than 50 miles from-- ``(i) the location of a special event; or ``(ii) the United States port of entry closest to the special event, if the special event takes place outside of the United States; or ``(B) participates in preparation for and activities during or directly following a special event. ``(2) Special event.--The term `special event' means an event designated under subsection (c). ``(b) Grants.--The Secretary may make a grant to an eligible entity for overtime expenses relating to preparation for and activities during or directly following from a special event. ``(c) Designation of Special Events.-- ``(1) In general.--Regardless of whether an event is designated as a special event or given another similar security designation under any other provision of law, the President or the Secretary may designate an event as a special event for purposes of this section if the event is an event of significant national importance (including international events of significant national importance) that-- ``(A) may require-- ``(i) extensive Federal interagency security and incident management preparedness; ``(ii) predeployment of Federal assets; ``(iii) consultation, technical advice and support to specific functional areas in which the State or local government agencies may lack expertise or key resources; ``(iv) designation of a Federal Coordinator; and ``(v) development of an integrated Federal Support Plan; or ``(B) may require-- ``(i) direct national-level Federal support and situational awareness; ``(ii) limited predeployment of Federal assets; ``(iii) consultation, technical advice, and support to specific functional areas in which the State or local government agencies may lack expertise or key resources; ``(iv) designation of a Federal Coordinator; and ``(v) development of an integrated Federal Support Plan. ``(2) Special events of national significance.--Any event that has been designated by the President as a special event of national significance under section 3056(e) of title 18, United States Code, or a similar provision of law shall be designated as a special event. ``(d) Applications.-- ``(1) In general.--An eligible entity may apply for a grant under this section, and shall submit such information in support of the application as the Secretary may reasonably require. ``(2) Joint applications authorized.--A group of eligible entities may jointly submit an application for a grant under this section for a single special event. ``(3) Notification of opportunity to apply.--The Secretary shall-- ``(A) notify an eligible entity of the opportunity to apply for a grant under this section; and ``(B) provide access to application materials and adequate time for preparation and submission of applications. ``(4) Separate applications required.--An eligible entity shall separately apply for each special event for which the eligible entity seeks amounts under a grant under this section. ``(5) Minimum content of application.--The Secretary shall require that an application for a grant under this section, at a minimum, includes-- ``(A) the purpose for which the eligible entity seeks the grant; ``(B) a budget showing how the eligible entity intends to expend funds received under the grant; and ``(C) a description of the special event for which the eligible entity seeks the grant. ``(e) Use of Funds.-- ``(1) In general.--A grant under this section may be used by an eligible entity for salary and benefits for necessary overtime in preparation for, during, or directly following a special event by-- ``(A) an employee of the eligible entity; or ``(B) a contractor of the eligible entity that performs law enforcement duties. ``(2) Limitation.--A grant under this section shall be used to supplement and not to supplant funds of State or local governments (including a tribal government). ``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $25,000,000 for each of fiscal years 2010 through 2015.''. (b) Technical and Conforming Amendment.--The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding after the item relating to section 2022 the following: ``Subtitle C--Other Assistance ``Sec. 2041. Grants for local homeland event response operations.''. | Local Homeland Event Response Operations Grant Act of 2009 - Amends the Homeland Security Act of 2002 to authorize the Secretary of Homeland Security (DHS) to make grants to a law enforcement agency or fire department for overtime expenses relating to preparation for, and activities during or directly following, a special event. Authorizes the President or the Secretary to designate an event as a special event if it is an event of significant national importance that may require consultation, technical advice, and support to specific functional areas in which the state or local government agencies may lack expertise or key resources, designation of a Federal Coordinator, and development of an integrated Federal Support Plan and either: (1) extensive federal interagency security and incident management preparedness and predeployment of federal assets; or (2) direct national-level federal support and situational awareness and limited predeployment of federal assets. |
TITLE I--LEWIS AND CLARK RURAL WATER SYSTEM SEC. 101. SHORT TITLE. This title may be cited as the ``Lewis and Clark Rural Water System Act of 2000''. SEC. 102. DEFINITIONS. In this title: (1) Feasibility study.--The term ``feasibility study'' means the study entitled ``Feasibility Level Evaluation of a Missouri River Regional Water Supply for South Dakota, Iowa and Minnesota'', dated September 1993, that includes a water conservation plan, environmental report, and environmental enhancement component. (2) Incremental cost.--The term ``incremental cost'' means the cost of the savings to the project were the City of Sioux Falls not to participate in the water supply system. (3) Member entity.--The term ``member entity'' means a rural water system or municipality that meets the requirements for membership as defined by the Lewis and Clark Rural Water System, Inc. bylaws, dated September 6, 1990. (4) Project construction budget.--The term ``project construction budget'' means the description of the total amount of funds needed for the construction of the water supply project, as contained in the feasibility study. (5) Pumping and incidental operational requirements.--The term ``pumping and incidental operational requirements'' means all power requirements that are necessary for the operation of intake facilities, pumping stations, water treatment facilities, reservoirs, and pipelines up to the point of delivery of water by the water supply system to each member entity that distributes water at retail to individual users. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Water supply project.-- (A) In general.--The term ``water supply project'' means the physical components of the Lewis and Clark Rural Water Project. (B) Inclusions.--The term ``water supply project'' includes-- (i) necessary pumping, treatment, and distribution facilities; (ii) pipelines; (iii) appurtenant buildings and property rights; (iv) electrical power transmission and distribution facilities necessary for services to water systems facilities; and (v) such other pipelines, pumping plants, and facilities as the Secretary considers necessary and appropriate to meet the water supply, economic, public health, and environment needs of the member entities (including water storage tanks, water lines, and other facilities for the member entities). (8) Water supply system.--The term ``water supply system'' means the Lewis and Clark Rural Water System, Inc., a nonprofit corporation established and operated substantially in accordance with the feasibility study. SEC. 103. FEDERAL ASSISTANCE FOR THE WATER SUPPLY SYSTEM. (a) In General.--The Secretary shall make grants to the water supply system for the planning and construction of the water supply project. (b) Service Area.--The water supply system shall provide for the member entities safe and adequate municipal, rural, and industrial water supplies, mitigation of wetland areas, and water conservation in-- (1) Lake County, McCook County, Minnehaha County, Turner County, Lincoln County, Clay County, and Union County, in southeastern South Dakota; (2) Rock County and Nobles County, in southwestern Minnesota; and (3) Lyon County, Sioux County, Osceola County, O'Brien County, Dickinson County, and Clay County, in northwestern Iowa. (c) Amount of Grants.--Grants made available under subsection (a) to the water supply system shall not exceed the amount of funds authorized under section 108. (d) Limitation on Availability of Construction Funds.--The Secretary shall not obligate funds for the construction of the water supply project until-- (1) the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) are met; and (2) a final engineering report and a plan for a water conservation program are prepared and submitted to the Congress not less than 90 days before the commencement of construction of the water supply project. SEC. 104. MITIGATION OF FISH AND WILDLIFE LOSSES. Mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project shall be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction, as provided in the feasibility study. SEC. 105. USE OF PICK-SLOAN POWER. (a) In General.--From power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program, the Western Area Power Administration shall make available, at the firm power rate, the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning on May 1 and ending on October 31 of each year. (b) Qualification To Use Pick-Sloan Power.--For operation during the period beginning May 1 and ending October 31 of each year, for as long as the water supply system operates on a not-for-profit basis, the portions of the water supply project constructed with assistance under this title shall be eligible to receive firm power from the Pick-Sloan Missouri Basin program established by section 9 of the Act of December 22, 1944 (chapter 665; 58 Stat. 887), popularly known as the Flood Control Act of 1944. SEC. 106. NO LIMITATION ON WATER PROJECTS IN STATES. This title does not limit the authorization for water projects in the States of South Dakota, Iowa, and Minnesota under law in effect on or after the date of the enactment of this Act. SEC. 107. WATER RIGHTS. Nothing in this title-- (1) invalidates or preempts State water law or an interstate compact governing water; (2) alters the rights of any State to any appropriated share of the waters of any body of surface or ground water, whether determined by past or future interstate compacts or by past or future legislative or final judicial allocations; (3) preempts or modifies any Federal or State law, or interstate compact, governing water quality or disposal; or (4) confers on any non-Federal entity the ability to exercise any Federal right to the waters of any stream or to any ground water resource. SEC. 108. COST SHARING. (a) Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the Secretary shall provide funds equal to 80 percent of-- (A) the amount allocated in the total project construction budget for planning and construction of the water supply project under section 103; and (B) such amounts as are necessary to defray increases in development costs reflected in appropriate engineering cost indices after September 1, 1993. (2) Sioux falls.--The Secretary shall provide funds for the City of Sioux Falls, South Dakota, in an amount equal to 50 percent of the incremental cost to the city of participation in the project. (b) Non-Federal Cost Share.-- (1) In general.--Except as provided in paragraph (2), the non-Federal share of the costs allocated to the water supply system shall be 20 percent of the amounts described in subsection (a)(1). (2) Sioux falls.--The non-Federal cost-share for the City of Sioux Falls, South Dakota, shall be 50 percent of the incremental cost to the city of participation in the project. SEC. 109. BUREAU OF RECLAMATION. (a) Authorization.--At the request of the water supply system, the Secretary may allow the Commissioner of Reclamation to provide project construction oversight to the water supply project for the service area of the water supply system described in section 103(b). (b) Project Oversight Administration.--The amount of funds used by the Commissioner of Reclamation for oversight described in subsection (a) shall not exceed the amount that is equal to 1 percent of the amount provided in the total project construction budget for the entire project construction period. SEC. 110. PROJECT OWNERSHIP AND RESPONSIBILITY. The water supply system shall retain title to all project facilities during and after construction, and shall be responsible for all operation, maintenance, repair, and rehabilitation costs of the project. SEC. 111. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $213,887,700, to remain available until expended. TITLE II--SLY PARK UNIT CONVEYANCE SEC. 201. DEFINITIONS. For the purpose of this title, the term-- (1) ``Secretary'' means the Secretary of the Interior; (2) ``Sly Park Unit'' means the Sly Park Dam and Reservoir, Camp Creek Diversion Dam and Tunnel, and conduits and canals as authorized under the American River Act of October 14, 1949 (63 Stat. 853), including those used to convey, treat, and store water delivered from Sly Park, as well as all recreation facilities thereto; and (3) ``District'' means the El Dorado Irrigation District. SEC. 202. TRANSFER OF SLY PARK UNIT. (a) In General.--The Secretary shall, as soon as practicable after date of the enactment of this Act and in accordance with all applicable law, transfer all right, title, and interest in and to the Sly Park Unit to the District. (b) Sale Price.--The Secretary is authorized to receive from the District $2,000,000 to relieve payment obligations and extinguish the debt under contract number 14-06-200-949IR3, and $9,500,000 to relieve payment obligations and extinguish all debts associated with contracts numbered 14-06-200-7734, as amended by contracts numbered 14-06-200- 4282A and 14-06-200-8536A. Notwithstanding the preceding sentence, the District shall continue to make payments required by section 3407(c) of Public Law 102-575 through year 2029. (c) Credit Revenue to Project Repayment.--Upon payment authorized under subsection (b), the amount paid shall be credited toward repayment of capital costs of the Central Valley Project in an amount equal to the associated undiscounted obligation. SEC. 203. FUTURE BENEFITS. Upon payment, the Sly Park Unit shall no longer be a Federal reclamation project or a unit of the Central Valley Project, and the District shall not be entitled to receive any further reclamation benefits. SEC. 204. LIABILITY. Except as otherwise provided by law, effective on the date of conveyance of the Sly Park Unit under this title, the United States shall not be liable for damages of any kind arising out of any act, omission, or occurrence based on its prior ownership or operation of the conveyed property. TITLE III--TREATMENT OF PROJECT COSTS FOR SLY PARK UNIT SEC. 301. TREATMENT OF PROJECT COSTS. To the extent costs associated with the Sly Park Unit are included as a reimbursable cost of the Central Valley Project, the Secretary is authorized to exclude such costs in excess of those repaid by the Sly Park Unit beneficiaries from the pooled reimbursable costs of the Central Valley Project until such time as the facility is operationally integrated into the water supply yield of the Central Valley Project. TITLE IV--CITY OF ROSEVILLE PUMPING PLANT FACILITIES SEC. 401. CREDIT FOR INSTALLATION OF ADDITIONAL PUMPING PLANT FACILITIES IN ACCORDANCE WITH AGREEMENT. (a) In General.--The Secretary of the Interior shall credit an amount up to $1,164,600, the precise amount to be determined by the Secretary through a cost allocation, to the unpaid capital obligation of the City of Roseville, California (in this section referred to as the ``City''), as such obligation is calculated in accordance with applicable Federal reclamation law and Central Valley Project rate setting policy, in recognition of future benefits to be accrued by the United States as a result of the City's purchase and funding of the installation of additional pumping plant facilities in accordance with a letter of agreement with the United States numbered 5-07-20-X0331 and dated January 26, 1995. The Secretary shall simultaneously add an equivalent amount of costs to the capital costs of the Central Valley Project, and such added costs shall be reimbursed in accordance with reclamation law and policy. (b) Effective Date.--The credit under subsection (a) shall take effect upon the date on which-- (1) the City and the Secretary of the Interior have agreed that the installation of the facilities referred to in subsection (a) has been completed in accordance with the terms and conditions of the letter of agreement referred to in subsection (a); and (2) the Secretary of the Interior has issued a determination that such facilities are fully operative as intended. Passed the House of Representatives May 23, 2000. Attest: JEFF TRANDAHL, Clerk. | (Sec. 104) Specifies that mitigation for fish and wildlife losses incurred as a result of the construction and operation of the water supply project be on an acre-for-acre basis, based on ecological equivalency, concurrent with project construction.(Sec. 105) Requires the Western Area Power Administration to make available, at the firm power rate, the capacity and energy required to meet the pumping and incidental operational requirements of the water supply project during the period beginning May 1, and ending October 31, of each year from power designated for future irrigation and drainage pumping for the Pick-Sloan Missouri Basin program. Makes the portions of the water supply project constructed with assistance under this title eligible to receive firm power from the program for operation during such period of each year, for as long as the water supply system operates on a not-for-profit basis.(Sec. 106) Provides that this Act shall not: (1) limit the authorization for water projects in South Dakota, Iowa, and Minnesota; or (2) preempt State water rights. Specifies the Federal and non-Federal share of the cost. Requires the Secretary to provide funds for the city of Sioux Falls, South Dakota, equal to 50 percent of the incremental cost of its participation in the project.(Sec. 109) Authorizes the Secretary, at the request of the water supply system, to allow the Bureau of Reclamation to provide project construction oversight to the water supply project.(Sec. 110) Specifies that the water supply system shall retain title to all project facilities during and after construction and shall be responsible for all operation, maintenance, repair, and rehabilitation costs.(Sec. 111) Authorizes appropriations.Title II: Sly Park Unit Conveyance - Directs the Secretary of the Interior to convey the Sly Park Dam and Reservoir, the Camp Creek Diversion Dam and Tunnel, and conduits and canals as authorized under the American River Act (Sly Park Unit) to the El Dorado Irrigation District, California.Authorizes the Secretary to receive specified amounts from the District to relieve payment obligations and extinguish debts associated with specified contracts. Provides that upon such payment: (1) the amounts paid shall be credited toward repayment of capital costs of the Central Valley Project in an amount equal to the associated undiscounted obligation; and (2) the Unit shall no longer be a Federal reclamation project or a unit of the Central Valley Project and the District shall not be entitled to receive any further reclamation benefits.Title III: Treatment of Project Costs for Sly Park Unit - Authorizes the Secretary, to the extent costs associated with the Sly Park Unit are included as a reimbursable cost of the Central Valley Project, to exclude such costs in excess of those repaid by Unit beneficiaries from the pooled reimbursable costs of the Project until such time as the facility is operationally integrated into the water supply yield of the Project.Title IV: City of Roseville Pumping Plant Facilities - Directs the Secretary to credit up to a specified amount to the unpaid capital obligation of the city of Roseville, California, as such obligation is calculated in accordance with applicable Federal reclamation law and Central Valley Project rate setting policy, in recognition of future benefits to be accrued by the United States as a result of the city's purchase and funding of the installation of additional pumping plant facilities in accordance with a specified letter of agreement with the United States. Requires: (1) the Secretary to simultaneously add an equivalent amount of costs to the capital costs of the Central Valley Project; and (2) such added costs to be reimbursed in accordance with reclamation law and policy. Provides for the credited amount to take effect upon the date on which: (1) the city and the Secretary have agreed that the installation of the facilities has been completed in accordance with the terms and conditions of the letter of agreement; and (2) the Secretary has issued a determination that such facilities are fully operative as intended. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Numismatic Rarities Certainty Act of 2007''. SEC. 2. DISPOSITION OF CERTAIN UNITED STATES COINS. (a) In General.--Subchapter II of chapter 51, United States Code, is amended by adding at the end the following new section: ``SEC. 5123. INVENTORY AND DISPOSITION OF CERTAIN UNITED STATES COINS, MEDALS, NUMISMATIC ITEMS, AND OTHER PIECES PRODUCED BY THE UNITED STATES MINT. ``(a) Pieces Made Before 1933.--Any coin, medal, numismatic item, or other piece struck or made in a United States Mint facility before January 1, 1933, that, as of the date of the enactment of the Numismatic Rarities Certainty Act of 2007, is not in the possession of the United States Government shall not be considered to be property of the United States, unless the coin, medal, numismatic item, or other piece produced by the United States Mint is reacquired by the United States Government for value given in a sale or exchange. ``(b) Inventory.-- ``(1) In general.--By January 1, 2008, and every 5 years thereafter, the Secretary of the Treasury shall conduct and compile an inventory of all coins, medals, numismatic items, and other pieces produced by the United States Mint that are owned by the Department of the Treasury. ``(2) Information to be included.--The inventory shall include a description of each item included in the inventory and its current location and, if on loan, the name and location of the agency, organization, or person that has custody of such item. ``(3) Report on inventory.--The Secretary of the Treasury shall submit the inventory together with a report containing any findings, recommendations, or conclusions of the Secretary with respect to the inventory to the President and the Congress before January 31, 2008, and every 5 years thereafter. ``(c) Preservation, Display, Disposition or Destruction of Coins, Medals, Numismatic Items and Other Pieces Produced by the United States Mint That Are in the Possession of the United States Government.-- ``(1) In general.--In the case of any coin, medal, numismatic item, or other piece produced by the United States Mint that is in, or comes into, the possession of the United States Government, the coin, medal, numismatic item, or other piece shall be transferred to the Secretary of the Treasury, if not already in the Secretary's possession, and the Secretary shall take the appropriate action required with respect to such coin, medal, numismatic item, or other piece under paragraph (2). ``(2) Disposition of coins, medals, or numismatic items.-- ``(A) Determination of available items.--Upon taking possession, under paragraph (1), of any coin, medal, numismatic item, or other piece produced by the United States Mint, the Secretary of the Treasury shall make a determination of the number and condition of the coins, medals, numismatic items, and pieces of the same denomination, quality, type, and year of production as the coin, medal, numismatic item, or piece referred to in such paragraph, taking into account the most recent inventory conducted in accordance with subsection (b). ``(B) Historic preservation and public display.-- The Secretary shall ensure that an appropriate number of any coin, medal, numismatic item, or other piece produced by the United States Mint of the same denomination, quality, type, and year of production that are in or come into the Secretary's possession-- ``(i) are retained for historical purposes; and ``(ii) are made available for public viewing at such times and places as the Secretary, in the sole discretion of the Secretary, determines to be appropriate. ``(C) Sale of excess at public auction.-- ``(i) In general.--If the Secretary determines that the number of any coins, medals, numismatic items, or other pieces produced by the United States Mint of the same denomination, quality, type, and year of production that are in the Secretary's possession exceeds the number that are appropriate for historic preservation and public display under subparagraph (B), the Secretary may dispose of such excess, or such portion of the excess as the Secretary determines to be appropriate, at public auction. ``(ii) Proceeds.--The proceeds from any auction conducted by the Secretary under clause (i) shall be deposited in a fund to be used for the preservation and display of such coins, medals, numismatic items, or other pieces produced by the United States Mint that remain in the possession of the Secretary in a way that the Secretary, in consultation with the Congress, determines to be appropriate. ``(D) Standards.--In making any determination with regard to any public auction of coins, medals, numismatic items, or other pieces under subparagraph (C)(i), the following standards shall be taken into account by the Secretary: ``(i) Maximum return to the Government. ``(ii) Interest of the numismatic community in the sale and in the items to be offered for sale. ``(iii) Interest of the general public in the items to be offered for sale. ``(E) Destruction of unsold excess.--Any coins, medals, numismatic items, or other pieces produced by the United States Mint that-- ``(i) were determined by the Secretary, under subparagraph (C)(i) to be in excess of the number of such coins, medals, numismatic items, or pieces that are appropriate for historic preservation and public display under subparagraph (B); and ``(ii) remain unsold following an auction under such subparagraph, or were withheld from such auction by the Secretary in accordance with subparagraph (C)(i), may be treated as obsolete and disposed of in the manner provided in section 5120. ``(3) Report to the congress.--In the event of the disposal pursuant to paragraph (2)(E) of any coins, medals, numismatic items, or other pieces produced by the United States Mint, the Secretary shall immediately report such disposal to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate. ``(4) Definitions.--For purposes of this section, the following definitions shall apply: ``(A) Numismatic item.--The term `numismatic item' includes any item that would be included within the meaning of such term under section 5134(a)(3) if the Secretary of the Treasury had the lawful authority to make the item when it was made. ``(B) Coin, medal, numismatic item, or other piece struck or made in a united states mint facility.--The terms `coin, medal, numismatic item, or other piece struck or made in a United States Mint facility' and `any coins, medals, numismatic items, or other pieces produced by the United States Mint' do not include any item produced for a foreign country or any person.''. (b) Clerical Amendment.--The table of sections for chapter 51, United States Code, is amended by inserting after the item relating to section 5122 the following new item: ``Sec. 5123. Inventory and disposition of certain United States coins, medals, numismatic items, and other pieces produced by the United States Mint.''. | Numismatic Rarities Certainty Act of 2007 - Declares that any coin, medal, numismatic item, or any other piece made or struck by the U.S. Mint before January 1, 1933, that is not in federal government possession shall not be considered to be U.S. property unless it is reacquired by the United States for value given in a sale or exchange. Instructs Secretary of the Treasury periodically to compile and report to the President and Congress on an inventory of such items owned by the Department of the Treasury. Requires transfer to the Secretary of any such item that comes into U.S. government possession. Prescribes procedures for disposition of such items, including historic preservation, public display, and sales at public auction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness in Prescription Drug Prices Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) Senior citizens are the major consumers of prescription drugs in the United States and are paying the highest prices for prescription drugs. (2) The discriminatory pricing practices of major drug manufacturers results in senior citizens paying over twice the price that drug manufacturers charge their most-favored customers, such as Health Maintenance Organizations (HMOs) and hospital chains. (3) Medicare beneficiaries without prescription drug coverage represent the most vulnerable segment of prescription drug customers. Making prescription drugs available to them at lower prices would lower the health care costs for this population, improve the health and well-being of this population and consequently, lower the cost to the taxpayers of the Medicare program. (4) Authorizing the wholesale purchase of prescription drugs at the Federal Supply Schedule prices plus administrative costs will result in a benefit to the Medicare population without cost to the taxpayers. (5) Authorizing similar benefits through hospice programs will assist in extending the benefits of lower prescription drug prices to those with terminal illnesses. (b) Purpose.--The purpose of this Act is to protect Medicare beneficiaries from discriminatory pricing by drug manufacturers and to make prescription drugs available to Medicare beneficiaries at substantially reduced prices, by allowing pharmacies to purchase drugs for Medicare beneficiaries at the substantially reduced price available under the Federal Supply Schedule. SEC. 3. PARTICIPATING PHARMACIES. (a) Agreements To Participate.--Any qualified pharmacy may enter into an agreement with the Secretary that enables the pharmacy to sell covered outpatient drugs to Medicare beneficiaries at a reduced price, by authorizing the pharmacy to operate as a participating pharmacy under this Act. (b) Right of Participating Pharmacies To Obtain Drugs.--An agreement under this section shall entitle the participating pharmacy to purchase any covered outpatient drug that is listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug determined under subsection (d). (c) Quantity of Drugs Purchased.--An agreement under this section shall permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as is sold by the pharmacy to Medicare beneficiaries. (d) Participating Pharmacy Discount Price.-- (1) In general.--The Secretary shall determine a participating pharmacy discount price for each covered outpatient drug. (2) Determination.--The participating pharmacy discount price for a covered outpatient drug shall be determined by adding-- (A) the price at which the drug is available to Federal agencies from the Federal Supply Schedule under section 8126 of title 38, United States Code; plus (B) an amount that reflects the administrative costs incurred by the Secretary in administering this Act. (e) Special Rule for Medicare Beneficiaries Enrolled in a Hospice Program.--In the case of a Medicare beneficiary who makes an election to receive hospice care under section 1812(d)(1) of the Social Security Act (42 U.S.C. 1395d(d)(1)) provided by, or under arrangements made by, a particular hospice program under part A of title XVIII of such Act, the hospice program may enter into agreements with a participating pharmacy to procure for and deliver to such a Medicare beneficiary covered outpatient drugs at a reduced price under this section. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness. (b) Regulations.--The Secretary shall issue such regulations as may be necessary to implement this Act. SEC. 5. 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 they consider appropriate for changes in this Act to further reduce the cost of covered outpatient drugs to Medicare beneficiaries. SEC. 6. DEFINITIONS. In this Act: (1) 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)). (2) 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. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 7. EFFECTIVE DATE. The Secretary shall implement this Act as expeditiously as practicable and in a manner consistent with the obligations of the United States. | Fairness in Prescription Drug Prices Act - Allows any qualified pharmacy to enter into an agreement with the Secretary of Health and Human Services to enable it to sell covered outpatient drugs to Medicare beneficiaries (under title XVIII of the Social Security Act) at a reduced price. Requires such an agreement to: (1) entitle the participating pharmacy to purchase any covered outpatient drug listed on the Federal Supply Schedule of the General Services Administration at the participating pharmacy discount price for that drug; and (2) permit the participating pharmacy to purchase under this Act as much of a covered outpatient drug as it sells to Medicare beneficiaries. Sets forth guidelines for determining the participating pharmacy discount price and a special rule for Medicare beneficiaries enrolled in a hospice program. Directs the Secretary to: (1) administer this Act in a manner that uses existing methods of obtaining and distributing drugs to the maximum extent possible, consistent with efficiency and cost effectiveness; and (2) report to the Congress annually regarding the effectiveness of this Act in protecting Medicare beneficiaries from discriminatory pricing by drug manufacturers, along with any appropriate legislative recommendations to further reduce the cost of covered outpatient drugs to such beneficiaries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``One Percent Spending Reduction Act of 2013''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) The fiscal crisis faced by the Federal Government demands immediate action. (2) The dramatic growth in spending and debt in recent years threatens our economic and national security: (A) Federal spending has grown from 18 percent of GDP in 2001 to nearly 23 percent of GDP in 2012. (B) Total Federal debt exceeds $16,000,000,000,000 and is projected to increase each year over the next 10 years. (C) Without action, the Federal Government will continue to run massive deficits in the next decade and total Federal debt will rise to $26,000,000,000,000 by 2023. (D) Interest payments on this debt will soon rise to the point where balancing the budget as a matter of policy is beyond the reach of Congress. (3) Due to recent tax hikes, Federal revenues are scheduled to rise to approximately 19 percent of GDP, a full percentage point above the average of about 18 percent of GDP over the past 40 years. (4) Absent reform, the growth of Social Security, Medicare, Medicaid, and other health-related spending will overwhelm all other Federal programs and consume all projected tax revenues. (b) Purpose.--The purpose of this Act is to address the fiscal crisis by-- (1) acting quickly to balance the Federal budget and eliminate the parade of deficits and ballooning interest payments; (2) achieving balance by reducing spending one percent per year until spending equals projected long-term revenues; and (3) reforming entitlement programs to ensure long-term fiscal stability and balance. SEC. 3. ESTABLISHMENT AND ENFORCEMENT OF SPENDING CAP. (a) Outlay Caps.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after section 253 the following: ``SEC. 253A. ESTABLISHING OUTLAY CAPS. ``In this section, the term `outlay cap' means: ``(a) Fiscal Year 2014.--For fiscal year 2014, the aggregate projected outlays (less interest payments) for fiscal year 2013 (as estimated by the Congressional Budget Office prior to March, 2013), less one percent. ``(b) Fiscal Year 2015.--For fiscal year 2015, the aggregate projected outlays (less interest payments) for fiscal year 2014 (as estimated by the Congressional Budget Office prior to March, 2014), less one percent. ``(c) Fiscal Year 2016.--For fiscal year 2016, the aggregate projected outlays (less interest payments) for fiscal year 2015 (as estimated by the Congressional Budget Office prior to March, 2015), less one percent. ``(d) Fiscal Year 2017.--For fiscal year 2017, the aggregate projected outlays (less interest payments) for fiscal year 2016 (as estimated by the Congressional Budget Office prior to March, 2016), less one percent. ``(e) Fiscal Year 2018.--For fiscal year 2018, the aggregate projected outlays (less interest payments) for fiscal year 2017 (as estimated by the Congressional Budget Office prior to March, 2017), less one percent. ``(f) Fiscal Year 2019 and Subsequent Fiscal Years.--For fiscal year 2019 and for each subsequent fiscal year, 18 percent of Gross Domestic Product for that calendar year (as estimated by the Congressional Budget Office prior to March of the previous fiscal year).''. (b) Conforming Amendments to BBEDCA.-- (1) Sequestration preview reports.--Section 254(c)(4) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(4) Outlay cap sequestration reports.--The preview reports shall set forth for the budget year estimates for the following: ``(A)(i) For each of budget years 2014 through 2019: the aggregate projected outlays (less net interest payment), less one percent. ``(ii) For budget year 2020 and each subsequent budget year: the estimated gross domestic product (GDP) for that budget year. ``(B) The amount of reductions required under section 253A. ``(C) The sequestration percentage necessary to achieve the required reduction under section 253A.''. (2) Final sequestration reports.--Section 254(f)(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(3) Outlay caps sequestration reports.--The final reports shall contain all the information required in the outlay cap sequestration preview reports. In addition, these report shall contain, for the budget year, for each account to be sequestered, estimates of the baseline level of sequestrable budgetary resources and resulting outlays and the amount of budgetary sources to be sequestered and result in outlay reductions. The report shall also contain estimates of the effects on outlays on the sequestration of each outyear for direct spending programs.''. (c) Enforcement.--Title III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following: ``SEC. 316. ENFORCEMENT PROCEDURES. ``(a) Outlay Caps.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap set forth in section 253A of the Balanced Budget and Emergency Deficit Control Act of 1985 to be breached. ``(b) Waiver or Suspension.-- ``(1) In the senate.--The provisions of this section may be waived or suspended in the Senate only by the affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(2) In the house.--The provisions of this section may be waived or suspended in the House of Representatives only by a rule or order proposing only to waive such provisions by an affirmative vote of two-thirds of the Members, duly chosen and sworn. ``(c) Point of Order Protection.--In the House, it shall not be in order to consider a rule or order that waives the application of paragraph (2) of subsection (b). ``(d) Motion To Suspend.--It shall not be in order for the Speaker to entertain a motion to suspend the application of this section under clause 1 of rule XV.''. SEC. 4. CONFORMING AMENDMENTS. The table of contents set forth in-- (1) section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item: ``Sec. 316. Enforcement procedures.''; and (2) section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by inserting after the item relating to section 253 the following new item: ``Sec. 253A. Establishing outlay caps.''. SEC. 5. EFFECTIVE DATE. This Act and the amendments made by it shall apply to fiscal year 2014 and subsequent fiscal years, including any reports and calculations required for implementation in fiscal year 2014. | One Percent Spending Reduction Act of 2013 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to establish the aggregate projected outlay (outlay cap) (less net interest payments) for FY2014 at the FY2013 outlay cap (as estimated by the Congressional Budget Office [CBO] before March 2013), less 1%. Reduces each outlay cap for FY2015-FY2018 by 1% of the previous fiscal year's outlay cap (as estimated by CBO before March of such fiscal year). Requires the outlay cap for FY2019 and each subsequent fiscal year to be 18% of the CBO-estimated gross domestic product (GDP) for that calendar year. Amends the Congressional Budget Act of 1974 to make it out of order in both chambers to consider any bill, joint resolution, amendment, or conference report that includes any provision that would cause the most recently reported, current outlay cap to be exceeded. Prescribes procedures for waiver or suspension of this rule. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Auto Recovery Act of 2009''. SEC. 2. CREDIT FOR SALES TAX ON PURCHASE OF AUTOMOBILE. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 30D the following new section: ``SEC. 30E. SALES TAX ON PURCHASE OF AUTOMOBILE. ``(a) In General.--In the case of a qualified taxpayer, there shall be allowed against the tax imposed by this chapter for the taxable year an amount equal to the qualified State and local automobile sales taxes paid by the taxpayer with respect to the purchase of a qualified vehicle in such taxable year. ``(b) Limitation.--For purposes of subsection (a), the purchase price taken into account for purposes of determining qualified State and local automobile sales taxes shall not exceed $50,000. ``(c) Qualified State and Local Automobile Sales Taxes.--For purposes of this section-- ``(1) In general.--The term `qualified State and local automobile sales taxes' means any general sales tax in effect on January 1, 2009, imposed on the purchase of a qualified vehicle. ``(2) General sales tax.--The term `general sales tax' has the meaning given such term by section 164(b)(5), determined without regard to subparagraph (F) thereof. ``(3) Qualified vehicle.--The term `qualified vehicle' means a motor vehicle (as defined in section 30(c)(2)) which does not have more than 2 axles. ``(d) Qualified Taxpayer.--For purposes of this section-- ``(1) In general.--The term `qualified taxpayer' means-- ``(A) an individual, and ``(B) a person who employed an average of less than 50 employees on business days during the taxable year. ``(2) Controlled groups.--For purposes of paragraph (1)(B), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(e) No Double Benefit.--The amount of the credit allowed under subsection (a) with respect to any vehicle shall be reduced by the amount of the deduction allowed under section 164 for such vehicle for the taxable year. ``(f) Election To Not Take Credit.--No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects not to have this section apply to such vehicle. ``(g) Application With Other Credits.-- ``(1) Business credit treated as part of general business credit.--So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). ``(2) Personal credit.-- ``(A) In general.--For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. ``(B) Limitation based on amount of tax.--In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of-- ``(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(ii) the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year. ``(h) Termination.--This section shall not apply with respect to any property purchased after December 31, 2010.''. (b) Conforming Amendments.-- (1)(A) Section 24(b)(3)(B) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (B) Section 25(e)(1)(C)(ii) of such Code is amended by inserting ``30E,'' after ``30D,''. (C) Section 25B(g)(2) of such Code is amended by striking ``and 30D'' and inserting ``, 30D, and 30E''. (D) Section 26(a)(1) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (E) Section 1400C(d)(2) of such Code is amended by striking ``and 30D'' and inserting ``30D, and 30E''. (2) Section 6501(m) of such Code is amended by inserting ``30E(f),'' after ``30D(e)(9),''. (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30D the following new item: ``Sec. 30E. Sales tax on purchase of automobile.''. (c) Effective Date.--The amendments made by this section shall apply to vehicles purchased after December 31, 2008. | Commonsense Auto Recovery Act of 2009 - Amends the Internal Revenue Code to allow individuals and small employers a tax credit for state and local sales taxes paid on the purchase of a passenger motor vehicle (not more than two axles) the purchase price of which does not exceed $50,000. Terminates such credit after 2010. |
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Educational Reform and Flexibility Act of 1993'' or ``Ed-Flex''. SEC. 2. STATEMENT OF FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) historically, Federal education programs have addressed the Nation's most pressing educational problems by providing categorical assistance with detailed requirements relating to the use of funds; (2) while the approach described in paragraph (1) has proven generally successful, some program requirements may inadvertently impede educational achievement; (3) the Nation's schools and teachers are being asked to deal effectively with increasingly diverse educational needs that current program structures may not be flexible enough to address; (4) Federal mandates often limit teachers' ability to respond to individual student needs; and (5) in order for this Nation to effectively compete in the global economy, it is crucial for the Federal Government to support programs that-- (A) result in improved educational achievement by all students; (B) promote the coordination of education and related services that benefit and support children and their families; (C) enable teachers and schools to respond to the needs of a diverse student population; (D) provide flexibility to teachers and schools by eliminating unnecessary regulation; and (E) place an emphasis on program results rather than on tracking resources. (b) Purpose.--It is the purpose of this title to establish a national demonstration program which-- (1) promotes improved educational achievement for all students, especially those in affected programs, through education reform; (2) provides increased flexibility for schools and other recipients in the use of Federal resources, in exchange for greater accountability for achieving improved educational performance; (3) encourages collaboration among school and program administrators, teachers, parents, local agencies, community groups, and business leaders to develop more effective educational programs that meet the needs of all students, especially the disadvantaged, and those served by the affected programs. SEC. 3. FLEXIBILITY AND ACCOUNTABILITY IN EDUCATION AND RELATED SERVICES. (a) In General.--Subpart 1 of Part C of the General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding after section 421A a new section 421B to read as follows: ``flexibility and accountability in education and related services ``Sec. 421B. (a) Program Authorized.-- ``(1) In general.--(A) The Secretary shall, in accordance with this section, assist elementary and secondary schools and other service providers to improve the achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers to not more than six States, which have implemented comprehensive regulatory reform plans, and no more than fifty local educational agencies in each State.'' ``(B)(i) In support of these projects, the Secretary is authorized to waive any statutory or regulatory requirement (except as provided in subsection (e) applicable to a program described in clause (ii) that the Secretary determines may impede the ability of a school or other service provider to meet the special needs of such students and other individuals in the most effective manner possible. The head of any other Federal agency in accordance with the programs described in clause (ii) is similarly authorized to waive such requirements applicable to an elementary, secondary, or youth vocational training program administered by such agency if the agency head the Secretary agree that such a waiver would promote the purpose of this section. ``(ii) The Secretary shall only waive a statutory or regulatory requirement applicable to a program under-- ``(I) chapter 1 of title I of the Elementary and Secondary Education Act of 1965; ``(II) chapter 2 of the Elementary and Secondary Education Act of 1965; ``(III) the Dwight D. Eisenhower Mathematics and Science Education Act; ``(IV) the Follow Through Act; ``(V) subtitle B of the title VII of the Stewart B. McKinney Homeless Assistance Act; and ``(VI) the Carl D. Perkins Vocational and Applied Technology Education Act, except part H of title III and funds allocated by States under section 232 of such Act. ``(2) Project duration.--Projects conducted under this section, and any waivers associated with such projects, shall last no longer than three years, except that the Secretary may extend a project and any associated waivers for an additional two years if the Secretary determines that the project is making substantial progress in meeting its goals. ``(3) Termination.--The Secretary shall terminate a project and its associated waivers if the Secretary, at any time, determines it is not making acceptable progress toward meeting its goals. The head of any other Federal agency who has granted waivers under this section shall determine whether to extend or terminate those waivers, but the Secretary shall have exclusive authority to extend or terminate the project. ``(b) Eligibility.-- ``(1) In general.--Each project that involves elementary of secondary schools shall include the participation of a local educational agency and at least two schools. ``(2) Grade and program requirement.--To the extent possible, each grade and academic program in a participating school shall participate in the project. ``(c) Applications.--A local educational agency, wishing to conduct a project under this section, shall submit an application to the State educational agency for approval. The State educational agency shall then transmit approved applications to the Secretary. Each application shall be submitted within two years of enactment and include a plan that-- ``(1) describes the purposes and overall expected outcomes of the project; ``(2) identifies, for each school or site participating in the project, those impediments to improved educational outcomes that would be removed by the proposed waivers; ``(3) identifies the Federal programs to be included in the project, the Federal statutory or regulatory requirements to be waived, and the purpose and duration of the requested waivers; ``(4) describes the State and local requirements that will be waived, the purpose of such waivers, and, if such requirements will not have been waived before the project begins, when those waivers will be obtained and take effect; ``(5) demonstrates the State has been made an effort to waive substantial requirements pertaining to the local educational agency; ``(6) describes specific, measurable, educational improvement goals for each school or other site in the project and for each school year of the project, including-- ``(A) goals for improving the achievement of all participants, including disadvantaged individuals, with respect to achievement in basic and advanced skills; ``(B) goals that reflect the broad purposes of each program for which a waiver is sought; and ``(C) an explanation of how the applicant will measure progress in meeting the goals set for each school or site in the project for disadvantaged individuals participating in the project; ``(7) incorporates the comments of the Governor; and ``(8) for projects involving elementary or secondary schools-- ``(A) identifies the schools to be included in the project and describes the student population at each school, including-- ``(i) current data regarding the achievement of the disadvantaged students as well as other students; and ``(ii) the number of students who-- ``(I) are of limited English proficiency as defined in section 7003(a)(1) of the Bilingual Education Act; ``(II) are children with disabilities, as defined in section 602(a)(1) of the Individuals with Disabilities Education Act; ``(III) are currently or formerly migratory; ``(IV) are educationally deprived, for the purposes of chapter 1 of title I of the Elementary and Secondary Education Act of 1965; and ``(V) are eligible for a free or reduced price school lunch; ``(B) describes specific goals for enhancing coordination between the regular education program available to all students and the programs serving disadvantaged students; ``(C) if fewer than all the schools in a local educational agency will participate in a project, describes the expected educational outcomes for disadvantaged students in schools that do not participate, and how those outcome will be assessed; ``(D) describes how school administrators, teachers, staff, and parents (including parents of educationally disadvantaged children) have been or will be, involved in the planning, development, and implementation of the goals and program for each participating school; and ``(E) contains goals for students targeted by the programs described in clause (ii) of section 421B(a) (1)(B) which are comparable to or exceed existing goals under such programs. ``(d) Approval of Projects.-- ``(1) In general.--The Secretary shall approve applications from no more than six States which have implemented comprehensive regulatory reform, and no more than fifty local educational agencies in each State, after considering-- ``(A) the comprehensiveness of the project, including the types of students, schools, programs, and activities to be included; ``(B) the extent to which the provisions for which waivers are sought impede educational improvement; ``(C) the State and local requirements that will be waived for the project; ``(D) the significance and feasibility of the proposed project's goals for each participating school or site; ``(E) the quality of the plan for ensuring accountability for the proposed plan's activities and goals; and ``(F) the comments of the Governors. ``(2) Consultation.--The Secretary shall consult with the heads of other appropriate Federal agencies, if any, in determining whether to approve a project. Each such agency head shall notify the Secretary of any waivers granted by such agency head as part of such project. ``(3) Distribution of projects.--The Secretary shall ensure that, to the extent feasible, projects assisted under this section are geographically distributed, and equitably distributed among urban, suburban, and rural areas, as well as large and small schools. ``(e) Allocation of Federal Funds; Restriction on Waivers.-- ``(1) Allocation of federal funds.--Federal funds under any program that are used to support a project under this section shall be allocated to local educational agencies and other recipients within the local educational agency in accordance with the statutory and regulatory requirements that govern the operation of that program, except that, for the purpose of such a project, the Secretary (or the head of any other Federal agency) may extend the duration of, and provide continuation funding to, a project chosen on a competitive basis that a participating agency is conducting. ``(2) Restriction on waivers.--Neither the Secretary nor the head of any other Federal agency shall waive under this section any statutory or regulatory requirement in awarding a grant after the date of enactment to a service provider within the local educational agency or other applicant participating in a project under this section. ``(3) Special rule.--Neither the Secretary nor, where applicable, the head of any other Federal agency shall waive under this section any statutory or regulatory requirement-- ``(A) under section 438 and 439 of the General Education Provisions Act; ``(B) under title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, title IX of the Education Amendments of 1972, or title II of the Americans with Disabilities Act; ``(C) under the Individuals with Disabilities Education Act; or ``(D) relating to-- ``(i) supplement not supplant existing funds; ``(ii) maintenance of effort; ``(iii) comparability; or ``(iv) the equitable participation of students attending private schools. ``(f) Reports and Evaluations.-- ``(1) Project reports.--Each project shall submit, not later than ninety days after the end of each year of the project, an annual report to the Secretary that-- ``(A) summarizes the principal activities of the project; ``(B) contains school-by-school and other data, as described in the project plan, that show the extent to which the project is meeting its overall goals, including its goals for improving the achievement of all participants, particularly disadvantaged individuals, with respect to achievement in basic and advanced skills, and is meeting the goals for each school or other site; ``(C) describes the impact of the project on disadvantaged children in schools, if any, that are not participating in the demonstration; ``(D) describes the effectiveness of efforts to coordinate programs and services for children and their families as appropriate; and ``(E) provides information on or comparable data regarding the programs described in clause (ii) of section 428B(a)(1)(B) of achievement levels of students served pursuant to such programs previously demonstrated over the preceding three years compared with children or students served under this title. ``(2) Secretary's report.--The Secretary shall submit a report to the Congress every two years that summarizes and analyzes the project reports required by paragraph (1). ``(3) Evaluation reports.--At the end of the six year period described in this section, and at such interim points as the Secretary deems appropriate, the Secretary shall provide to Congress an independent evaluation of the projects assisted under this title, as well as an evaluation of the program assisted under this section by the Department of Education and other affected Federal agencies. Such reports may include recommendations for amendments to program statutes that are based on the experience of projects that successfully raise educational achievement by eliminating or modifying statutory or regulatory provisions that impede educational improvement. ``(g) Definition.--For the purpose of this section, the term disadvantaged students' includes students of limited english proficiency, children with disabilities, students who are currently or formerly migratory, and students who are educationally deprived. ``(h) Budget Neutrality.--The authority provided by this section shall not be exercised in a manner that, for any fiscal year, increases total obligations or outlays of discretionary appropriations for programs subject to such authority, or that increases total obligations or outlays of funding for all direct-spending programs subject to such authority over those that would have occurred absent such authority.''. (b) Sunset Provision.--The amendment made by subsection (a) shall be effective during the six year period beginning on the date of enactment of this Act. | Educational Reform and Flexibility Act of 1993 (Ed-Flex) - Amends the General Education Provisions Act to establish a program for flexibility and accountability in education and related services. Directs the Secretary of Education to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing a limited number of waivers by which the performance of schools and programs can be improved by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Limits such waivers to not more than: (1) six States which have implemented comprehensive regulatory reform plans; and (2) 50 LEAs within each SEA of such States. Authorizes the Secretary to only waive a statutory or regulatory requirement applicable to a program under specified Federal laws relating to elementary, secondary, and vocational education and disadvantaged or homeless students. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers of such requirements applicable to an elementary, secondary, or youth vocational training program administered by such agencies. Limits duration of projects and associated waivers. Requires each project that involves elementary or secondary schools to include participation of an LEA and at least two schools. Requires, to the extent possible, project participation by each grade and academic program in a participating school. Sets forth application and planning requirements. Prohibits waiver of requirements: (1) in awarding new competitive grants to a service provider within the LEA or other applicant participating in such a project; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of specified Federal laws relating to individuals with disabilities. Sets forth requirements for reports, evaluations, budget neutrality, and a sunset provision. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from Violence Act of 2004''. SEC. 2. ACCESS TO FEDERAL DATABASES BY STATE SOCIAL SERVICES OFFICERS FOR CERTAIN PURPOSES. (a) Criminal History Records Checks.-- (1) In general.--The Attorney General shall, upon request of the chief executive of a State, ensure that a covered State social services officer has the authority for online access to the databases of the National Crime Information Center of the Federal Bureau of Investigation and the Interstate Identification Index for the purpose of carrying out one or more criminal history records checks. The authority provided under this subsection is limited to a check of an individual who-- (A) resided, whether temporarily or permanently, with a minor-- (i) at the time of an actual or alleged incident of abuse or neglect of that minor; or (ii) at a time during which an incident of abuse or neglect of that minor may have occurred, as determined by the head of a State agency responsible for social services; or (B) is the subject of an investigation relating to an incident of abuse or neglect of a minor. (2) Access agency.--The access referred to in paragraph (1) shall be provided to such officer only through the control terminal agency relating to such officer's State. (b) Missing Persons Checks.--The Attorney General shall ensure that a covered State social services officer has the authority for ``read only'' electronic access to the databases of the National Crime Information Center of the Federal Bureau of Investigation for the purpose of carrying out one or more checks of records relating to missing persons or warrants. A covered State social service officer shall use such access only for an investigation relating to a missing child and shall share any information obtained through such access with appropriate Federal, State, and local law enforcement agencies to assist in the recovery of that child. (c) Covered Officers.--An individual is a covered State social services officer under subsection (a) or (b), as applicable, if the head of a State agency responsible for social services submits to the Attorney General, through the control terminal agency relating to such officer's State-- (1) a certification that the individual-- (A) is an officer or employee of that agency; (B) has direct charge over minors in the child welfare system of that State; (C) is an appropriate individual to have the authority under subsection (a) or (b), as applicable; and (D) has met all Federal standards for access, including training, certification, and background screening; and (2) such information supporting such certification as the Attorney General may require. (d) Definition.--In this section: (1) The term ``control terminal agency'' means a duly authorized criminal justice agency with direct access to the National Crime Information Center telecommunications network providing statewide (or equivalent) service to its criminal justice users with respect to the various systems managed by the Federal Bureau of Investigation's Criminal Justice Information Services Division. (2) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. SEC. 3. ACCESS TO III BY NATIONAL CENTER FOR MISSING AND EXPLOITED CHILDREN. (a) In General.--Subject to subsection (b), and notwithstanding any other provision of law, the Attorney General shall ensure that the following elements of the National Center for Missing and Exploited Children each have access to the Interstate Identification Index: (1) The Case Analysis Division. (2) The Missing Children's Division. (3) The Exploited Child Unit. (b) Limitation.--In providing access to an element under subsection (a), the Attorney General shall ensure that an officer or employee of that element has such access only if that officer or employee has met all Federal standards for access, including training, certification, and background screening. SEC. 4. PRIVACY PROTECTIONS. (a) Protection of Information.--Information derived as a result of a check under section 2, or as a result of access under section 3, shall not be adjusted, deleted, or altered in any way except as required by law for national security purposes. (b) Release of Information.--A covered State social services officer (under section 2(c)) having information derived as a result of a check under section 2, or an officer or employee (under section 3(b)) having information derived as a result of access under section 3, may release that information only to-- (1) another covered State social services officer (under section 2(c)) or another such officer or employee (under section 3(b)), as the case may be; or (2) another person authorized by law to receive that information. (c) Criminal Penalties.--Any person who knowingly releases information in violation of subsection (b) shall be imprisoned not more than 1 year or fined under title 18, United States Code, or both. | Protecting Our Children from Violence Act of 2004 - Directs the Attorney General, upon request of the chief executive of a State, to ensure that a covered State social services officer has the authority for online access to the Federal Bureau of Investigation's National Crime Information Center (NCIC) databases and the Interstate Identification Index to carry out criminal history records checks. Limits such authority to a check of an individual who: (1) resided with a minor at the time of an actual or alleged incident of abuse or neglect of that minor, or at the time during which such an incident may have occurred; or (2) is the subject of an investigation relating to an incident of abuse or neglect of a minor. Requires the Attorney General to ensure that such an officer has the authority for "read only" electronic access to the NCIC databases for the purpose of carrying out checks of records relating to missing persons or warrants. Directs such officer to use access only for an investigation relating to a missing child and to share any information obtained with appropriate Federal, State, and local law enforcement agencies. Directs the Attorney General to ensure that the Case Analysis Division, the Missing Children's Division, and the Exploited Child Unit of the National Center for Missing and Exploited Children each have access to the Index, subject to specified limitations. Limits the release of information. Sets criminal penalties for knowingly releasing information in violation of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethanol Modernization and Deficit Reduction Act''. SEC. 2. TERMINATION OF ETHANOL TAX CREDITS. (a) Excise Tax Credit and Direct Payments.--Sections 6426(b)(6) and 6427(e)(6)(A) of the Internal Revenue Code of 1986 are each amended by striking ``December 31, 2011'' and inserting ``June 30, 2011''. (b) Income Tax Credit.--Paragraph (1) of section 40(e) of such Code is amended-- (1) by striking ``December 31, 2011'' in subparagraph (A) and inserting ``June 30, 2011'', and (2) by striking ``January 1, 2012'' in subparagraph (B) and inserting ``July 1, 2011''. (c) Effective Date.--The amendments made by this section shall apply to any sale, use, or removal for any period after June 30, 2011. SEC. 3. EXTENSION AND MODIFICATION OF ALTERNATIVE FUEL VEHICLE REFUELING PROPERTY CREDIT. (a) Extension.--Subsection (g) of section 30C of the Internal Revenue Code of 1986 is amended by striking ``placed in service--'' and all that follows and inserting ``placed in service after the earlier of December 31, 2016, or the date on which the Secretary certifies that at least 53,000 qualified alternative fuel refueling properties (other than properties described in subsection (c)(2)(C)) have been placed in service.''. (b) Only Certain Ethanol Blends Eligible for Credit.--Subparagraph (A) of section 30C(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(A) Any fuel-- ``(i) at least 85 percent of the volume of which consists of one or more of the following: natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen, or ``(ii) at least 85 percent of the volume of which consists of-- ``(I) ethanol, or ``(II) ethanol and gasoline or one or more of the fuels described in clause (i), but only if at least 15 percent and not more than 85 percent of the volume of such fuel consists of ethanol.''. (c) Credit for Dual-Use Refueling Property.--Subsection (e) of section 30C of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Dual-use refueling property.-- ``(A) In general.--In the case of any dual-use refueling property, 100 percent of the cost of such property shall be treated as qualified alternative fuel refueling property if the taxpayer certifies, in such time and manner as the Secretary shall prescribe, that such property will be used in more than a de minimis capacity for the purposes described in section 179A(d)(3)(A) (applied as specified in subsection (c)(2)). ``(B) Recapture.--If at any time within 5 years after the date of the certification under subparagraph (A) the dual-use refueling property ceases to be used as required under such subparagraph, 100 percent of the cost of such property shall be subject to recapture under paragraph (5). ``(C) Dual-use refueling property.--For purposes of this paragraph, the term `dual-use refueling property' means property that is both qualified alternative fuel vehicle refueling property and property used-- ``(i) to store or dispense fuels not described in subsection (c)(2), or ``(ii) to store fuels described in subsection (c)(2) for any purpose other than delivery of such fuel into the fuel tank of a motor vehicle.''. (d) Effective Date.--The amendments made by this section shall apply to property placed in service after June 30, 2011. SEC. 4. EXTENSION OF CELLULOSIC BIOFUEL PRODUCER CREDIT THROUGH 2014. Subparagraph (H) of section 40(b)(6) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2013'' and inserting ``January 1, 2015''. SEC. 5. EXTENSION OF SPECIAL DEPRECIATION ALLOWANCE FOR CELLULOSIC BIOFUEL PLANT PROPERTY. Subparagraph (D) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``January 1, 2013'' and inserting ``January 1, 2015''. SEC. 6. ALGAE TREATED AS A QUALIFIED FEEDSTOCK FOR PURPOSES OF THE CELLULOSIC BIOFUEL PRODUCER CREDIT, ETC. (a) In General.--Subclause (I) of section 40(b)(6)(E)(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(I) is derived solely by, or from, qualified feedstocks, and''. (b) Qualified Feedstock; Special Rules for Algae.--Paragraph (6) of section 40(b) of the Internal Revenue Code of 1986, as amended by this Act, is amended by redesignating subparagraphs (F) and (G) as subparagraphs (H) and (I), respectively, and by inserting after subparagraph (E) the following new subparagraphs: ``(F) Qualified feedstock.--For purposes of this paragraph, the term `qualified feedstock' means-- ``(i) any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, and ``(ii) any cultivated algae, cyanobacteria, or lemna. ``(G) Special rules for algae.--In the case of fuel which is derived by, or from, feedstock described in subparagraph (F)(ii) and which is sold by the taxpayer to another person for refining by such other person into a fuel which meets the requirements of subparagraph (E)(i)(II)-- ``(i) such sale shall be treated as described in subparagraph (C)(i), ``(ii) such fuel shall be treated as meeting the requirements of subparagraph (E)(i)(II) in the hands of such taxpayer, and ``(iii) except as provided in this subparagraph, such fuel (and any fuel derived from such fuel) shall not be taken into account under subparagraph (C) with respect to the taxpayer or any other person.''. (c) Algae Treated as a Qualified Feedstock for Purposes of Bonus Depreciation for Biofuel Plant Property.-- (1) In general.--Subparagraph (A) of section 168(l)(2) of the Internal Revenue Code of 1986 is amended by striking ``solely to produce cellulosic biofuel'' and inserting ``solely to produce second generation biofuel (as defined in section 40(b)(6)(E))''. (2) Conforming amendments.--Subsection (l) of section 168 of such Code, as amended by this Act, is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking paragraph (3) and redesignating paragraphs (4) through (8) as paragraphs (3) through (7), respectively, (C) by striking ``Cellulosic'' in the heading of such subsection and inserting ``Second Generation'', and (D) by striking ``cellulosic'' in the heading of paragraph (2) and inserting ``second generation''. (d) Conforming Amendments.-- (1) Section 40 of the Internal Revenue Code of 1986, as amended by this Act, is amended-- (A) by striking ``cellulosic biofuel'' each place it appears in the text thereof and inserting ``second generation biofuel'', (B) by striking ``Cellulosic'' in the headings of subsections (b)(6), (b)(6)(E), and (d)(3)(D) and inserting ``Second generation'', and (C) by striking ``cellulosic'' in the headings of subsections (b)(6)(C), (b)(6)(D), (b)(6)(H), (d)(6), and (e)(3) and inserting ``second generation''. (2) Clause (ii) of section 40(b)(6)(E) of such Code is amended by striking ``Such term shall not'' and inserting ``The term `second generation biofuel' shall not''. (3) Paragraph (1) of section 4101(a) of such Code is amended by striking ``cellulosic biofuel'' and inserting ``second generation biofuel''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to fuels sold or used after the date of the enactment of this Act. (2) Application to bonus depreciation.--The amendments made by subsection (c) shall apply to property placed in service after the date of the enactment of this Act. SEC. 7. BUDGETARY EFFECTS. (a) PAYGO Scorecard.--The budgetary effects of this Act (and the amendments made by this Act) shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As- You-Go Act of 2010. (b) Senate PAYGO Scorecard.--The budgetary effects of this Act (and the amendments made by this Act) shall not be recorded on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress). | Ethanol Modernization and Deficit Reduction Act - Amends the Internal Revenue Code to advance the termination date of the income and excise tax credits for ethanol from December 31, 2011, to June 30, 2011; (2) extend the tax credit for alternative fuel vehicle refueling property expenditures and the cellulosic biofuel producer tax credit; (3) extend the bonus depreciation allowance for cellulosic biofuel plant property; and (4) revise the definition of cellulosic biofuel for purposes of the cellulosic biofuel producer tax credit. Exempts the budgetary effects of this Act from PAYGO scorecard requirements under the Statutory Pay-As-You-Go Act of 2010. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Enforcement Act''. SEC. 2. NO EFFECT ON RIGHTS AND LIABILITIES. Nothing in this Act shall be construed to affect-- (1) the right of an individual or State to receive any child support payment; or (2) the obligation of an individual to pay child support. SEC. 3. ALLOWANCE OF BAD DEBT DEDUCTION FOR UNPAID CHILD SUPPORT PAYMENTS. (a) In General.--Section 166 of the Internal Revenue Code of 1986 (relating to deduction for bad debts) is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) Unpaid Child Support.-- ``(1) In general.--In the case of a custodial parent who, as of the close of the taxable year, is owed child support, the amount of unpaid child support shall be deemed a canceled debt as of such date, and shall be allowed as a deduction for such taxable year. ``(2) Presumption of worthlessness.--Subsection (a) (relating to worthless debts) shall not apply to child support. ``(3) Subsequent payments.--If any unpaid child support with respect to which a deduction was allowed under paragraph (1) is subsequently paid to the custodial parent, the amount of such payment shall not be included in the gross income of the custodial parent, nor shall it be allowed as a deduction to the delinquent debtor. The delinquent debtor shall be neither required nor allowed to file an amended return in any subsequent year to reflect the subsequent payment of unpaid child support. ``(4) Full deduction from ordinary income.--Subsection (d) (relating to the treatment of nonbusiness bad debt as a loss from the sale or exchange of a capital asset) shall not apply to the deductibility of unpaid child support. ``(5) Tax returns.--A custodial parent who wishes to deduct the amount of unpaid child support shall include on the return claiming the deduction the name and taxpayer identification number of each child with respect to whom child support payments to which this subsection applies are required to be paid. ``(6) Information returns.-- ``(A) In general.--A custodial parent who wishes to deduct the amount of unpaid child support shall complete Form 1099-CS (or such other form as the Secretary may prescribe) and provide such form to the Secretary, and (if the address is known) to the delinquent debtor, within 45 days following the close of the taxable year for which the deduction is claimed. Failure to so file such form with the Secretary (or, if the address is known, with the delinquent debtor) shall result in disallowance of the deduction for the taxable year. ``(B) Contents of form.--The Form 1099-CS (or such other form as the Secretary may prescribe) shall contain-- ``(i) the total amount of child support owed (whether or not paid) for such taxable year, ``(ii) the total amount of unpaid child support as of the last day of such taxable year, ``(iii) the name, address (if known), and taxpayer identification number of the delinquent debtor, and ``(iv) notice that the delinquent debtor is required to include such total amount of unpaid child support in gross income for the delinquent debtor's taxable year which includes the last day of the custodial parent's taxable year. ``(C) Debtor's address unknown.--If the delinquent debtor's address is not known to the custodial parent, the Form 1099-CS (or such other form as the Secretary may prescribe) shall indicate that fact. In such a case, the Secretary may send such notice if the address is available to the Secretary, and the notice from the custodial parent to the delinquent debtor under subparagraph (A) shall not be required. ``(7) Determination of whether child support is paid.-- ``(A) Child support enforcement office records as conclusive evidence of payment.--Child support shall be treated as paid if such payment is recorded by the State office of child support enforcement in which the custodial parent is registered. ``(B) Timely mailing as timely payment.--A payment received by the State office of child support enforcement in which the custodial parent is registered after the last day of the custodial parent's taxable year shall be treated for the purpose of this subsection as paid on such day if the postmark date falls on or before such day. The rules of section 7502(f) and regulations issued thereunder shall apply for purposes of this subparagraph. ``(8) Definitions.--For the purposes of this subsection-- ``(A) Child support.--The term `child support' means-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical education expense, insurance premium, or other similar item, which is required to be paid to a custodial parent by an individual under a support instrument for the support of any qualifying child of such individual. `Child support' does not include any amount which is described in section 408(a)(3) of the Social Security Act and which has been assigned to a State. ``(B) Custodial parent.--The term `custodial parent' means an individual who is entitled to receive child support and who has registered with the appropriate State office of child support enforcement charged with implementing section 454 of the Social Security Act. ``(C) Delinquent debtor.--The term `delinquent debtor' means a taxpayer who owes unpaid child support to a custodial parent. ``(D) Qualifying child.--The term `qualifying child' means a child of a custodial parent with respect to whom a dependent deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)). ``(E) Support instrument.--The term `support instrument' means-- ``(i) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(ii) a written separation agreement, or ``(iii) a decree (not described in clause (i)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent. ``(F) Unpaid child support.--The term `unpaid child support' means child support that is payable for months during a custodial parent's taxable year and unpaid as of the last day of such taxable year, provided that such unpaid amount as of such day equals or exceeds one-half of the total amount of child support due to the custodial parent for such year.'' (b) Deduction for Nonitemizers.--Section 62(a) of such Code is amended by inserting after paragraph (18) the following new paragraph: ``(19) Unpaid child support payments.--The deduction allowed by section 166(f).'' (c) Conforming Amendment.--Section 166(d)(2) of such Code is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of the subparagraph (B) and by inserting ``, or'' and by adding at the end the following new subparagraph: ``(C) a debt which constitutes unpaid child support payment under subsection (f).'' SEC. 4. INCLUSION IN INCOME OF AMOUNT OF UNPAID CHILD SUPPORT. (a) In General.--Section 108 of the Internal Revenue Code of 1986 (relating to discharge of indebtedness income) is amended by adding at the end the following new subsection: ``(h) Unpaid Child Support.-- ``(1) In general.--For purposes of this chapter, any unpaid child support of a delinquent debtor for any taxable year shall be treated as amounts includible in gross income of the delinquent debtor for the taxable year. ``(2) Determination of whether child support is unpaid.-- ``(A) In general.--Child support shall be treated as paid if such payment is recorded by the State office of child support enforcement in which the custodial parent is registered. ``(B) Timely mailing as timely payment.--A payment received by the State office of child support enforcement in which the custodial parent is registered after the last day of the custodial parent's taxable year shall be treated for the purpose of this subsection as paid on such day if the postmark date falls on or before such day. The rules of section 7502(f) and regulations issued thereunder shall apply for purposes of this subparagraph. ``(3) Definitions.--For the purposes of this subsection-- ``(A) Child support.--The term `child support' means-- ``(i) any periodic payment of a fixed amount, or ``(ii) any payment of a medical education expense, insurance premium, or other similar item, which is required to be paid to a custodial parent by an individual under a support instrument for the support of any qualifying child of such individual. `Child support' does not include any amount which is described in section 408(a)(3) of the Social Security Act and which has been assigned to a State. ``(B) Custodial parent.--The term `custodial parent' means an individual who is entitled to receive child support and who has registered with the appropriate State office of child support enforcement charged with implementing section 454 of the Social Security Act. ``(C) Delinquent debtor.--The term `delinquent debtor' means a taxpayer who owes unpaid child support to a custodial parent. ``(D) Qualifying child.--The term `qualifying child' means a child of a custodial parent with respect to whom a dependent deduction is allowable under section 151 for the taxable year (or would be so allowable but for paragraph (2) or (4) of section 152(e)). ``(E) Support instrument.--The term `support instrument' means-- ``(i) a decree of divorce or separate maintenance or a written instrument incident to such a decree, ``(ii) a written separation agreement, or ``(iii) a decree (not described in clause (i)) of a court or administrative agency requiring a parent to make payments for the support or maintenance of 1 or more children of such parent. ``(F) Unpaid child support.--The term `unpaid child support' means child support that is payable for months during a custodial parent's taxable year and unpaid as of the last day of such taxable year, provided that such unpaid amount as of such day equals or exceeds one-half of the total amount of child support due to the custodial parent for such year. ``(4) Coordination with other laws.--Amounts treated as income by paragraph (1) shall not be treated as income by reason of paragraph (1) for the purposes of any provision of law which is not an internal revenue law.'' SEC. 5. TAXPAYER INFORMATION REGARDING CHILD SUPPORT NOT BASIS FOR AUDIT. A discrepancy between the tax returns of a custodial parent and a delinquent debtor concerning whether a payment of child support has been made may not be used or relied upon by the Internal Revenue Service in any way in selecting an individual's tax return for a general audit. SEC. 6. EFFECTIVE DATE; IMPLEMENTATION. (a) The amendments made by the Act shall apply to taxable years beginning after December 31, 2002. The Secretary of the Treasury shall publish Form 1099-CS (or such other form that may be prescribed to comply with section 3(a)(6) of this Act) regulations, if any, that may be deemed necessary to carry out the purposes of this Act, not later than 90 days after the date of enactment of this Act. | Child Support Enforcement Act - Amends the Internal Revenue Code (relating to the deduction for bad debts) to allow a custodial parent to claim unpaid child support payments as a deduction.Bars a delinquent debtor from filing an amended return in any subsequent year to reflect the subsequent payment of unpaid child support.Includes unpaid child support in the gross income of the delinquent debtor.Prohibits any discrepancy between the tax returns of a custodial parent and a delinquent debtor concerning whether a child support payment has been made from serving as a basis for selecting an individual's tax return for general audit. |
<greek-th> x <greek-th> x SECTION 1. SHORT TITLE. <greek-th> x This Act may be cited as the ``Kenai Mountains-Turnagain Arm National Heritage Corridor Act''.<greek-th> x SEC. 2. FINDINGS AND PURPOSES. <greek-th> x (a) Findings.--Congress finds the following:<greek-th> x (1) The Kenai Mountains-Turnagain Arm transportation corridor is a major gateway to Alaska and includes a range of transportation routes used first by indigenous people who were followed by pioneers who settled the Nation's last frontier.<greek-th> x (2) The natural history and scenic splendor of the region are equally outstanding; vistas of nature's power include evidence of earthquake subsidence, recent avalanches, retreating glaciers and tidal action along Turnagain Arm, which has the world's second greatest tidal range.<greek-th> x (3) The cultural landscape formed by indigenous people and then by settlement, transportation and modern resource development in this rugged and often treacherous natural setting stands as powerful testimony to the human fortitude, perseverance, and resourcefulness that is America's proudest heritage from the people who settled the frontier.<greek-th> x (4) There is a national interest in recognizing, preserving, promoting, and interpreting these resources.<greek-th> x (5) The Kenai Mountains-Turnagain Arm region is geographically and culturally cohesive because it is defined by a corridor of historic routes--trail, water, railroad, and roadways through a distinct landscape of mountains, lakes, and fjords.<greek-th> x (6) National significance of separate elements of the region include, but are not limited to, the Iditarod National Historic Trail, the Seward Highway National Scenic Byway, and the Alaska Railroad National Scenic Railroad.<greek-th> x (7) National Heritage Corridor designation provides for the interpretation of these routes, as well as the national historic districts and numerous historic routes in the region as part of the whole picture of human history in the wider transportation corridor including early Native trade routes, connections by waterway, mining trail, and other routes.<greek-th> x (8) National Heritage Corridor designation also provides communities within the region with the motivation and means for ``grass roots'' regional coordination and partnerships with each other and with borough, State, and Federal agencies.<greek-th> x (9) National Heritage Corridor designation is supported by the Kenai Peninsula Historical Association, the Seward Historical Commission, the Seward City Council, the Hope and Sunrise Historical Society, the Hope Chamber of Commerce, the Alaska Association for Historic Preservation, the Cooper Landing Community Club, the Alaska Wilderness Recreation and Tourism Association, Anchorage Historic Properties, the Anchorage Convention and Visitors Bureau, the Cook Inlet Historical Society, the Moose Pass Sportsman's Club, the Alaska Historical Commission, the Girdwood Board of Supervisors, the Kenai River Special Management Area Advisory Board, the Bird/ Indian Community Council, the Kenai Peninsula Borough Trails Commission, the Alaska Division of Parks and Recreation, the Kenai Peninsula Borough, the Kenai Peninsula Tourism Marketing Council, and the Anchorage Municipal Assembly.<greek-th> x (b) Purposes.--The purposes of this Act are--<greek-th> x (1) to recognize, preserve, and interpret the historic and modern resource development and cultural landscapes of the Kenai Mountains-Turnagain Arm historic transportation corridor, and to promote and facilitate the public enjoyment of these resources; and<greek-th> x (2) to foster, through financial and technical assistance, the development of cooperative planning and partnerships among the communities and borough, State, and Federal Government entities.<greek-th> x SEC. 3. DEFINITIONS. <greek-th> x In this Act:<greek-th> x (1) Heritage corridor.--The term ``Heritage Corridor'' means the Kenai Mountains-Turnagain Arm National Heritage Corridor established by section 4(a).<greek-th> x (2) Management entity.--The term ``management entity'' means the 11 member Board of Directors of the Kenai Mountains- Turnagain Arm National Heritage Corridor Communities Association, a non-profit corporation, established in accordance with the laws of the State of Alaska.<greek-th> x (3) Management plan.--The term ``management plan'' means the management plan for the Heritage Corridor.<greek-th> x (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior.<greek-th> x SEC. 4. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE CORRIDOR. <greek-th> x (a) Establishment.--There is established the Kenai Mountains- Turnagain Arm National Heritage Corridor.<greek-th> x (b) Boundaries.--The Heritage Corridor shall comprise the lands in the Kenai Mountains and upper Turnagain Arm region generally depicted on the map entitled ``Kenai Peninsula/Turnagain Arm National Heritage Corridor'', numbered Map #KMTA091, and dated August 1999. The map shall be on file and available for public inspection in the offices of the Alaska Regional Office of the National Park Service and in the offices of the Alaska State Heritage Preservation Officer.<greek-th> x SEC. 5. MANAGEMENT ENTITY. <greek-th> x (a) Cooperative Agreement.--To carry out the purposes of this Act, the Secretary shall enter into a cooperative agreement with the management entity. The cooperative agreement shall be prepared with public participation and shall include information relating to the objectives and management of the Heritage Corridor, including the following:<greek-th> x (1) A discussion of the goals and objectives of the Heritage Corridor.<greek-th> x (2) An explanation of the proposed approach to conservation and interpretation of the Heritage Corridor.<greek-th> x (3) A general outline of the protection measures to which the management entity commits.<greek-th> x (b) Limits.--Nothing in this Act authorizes the management entity to assume any management authorities or responsibilities on Federal lands.<greek-th> x (c) Development and Implementation of Plan.--Representatives of other organizations shall be invited and encouraged to participate with the management entity and in the development and implementation of the management plan, including but not limited to: The State Division of Parks and Outdoor Recreation; the State Division of Mining, Land and Water; the Forest Service; the State Historic Preservation Office; the Kenia Peninsula Borough, the Municipality of Anchorage; the Alaska Railroad, the Alaska Department of Transportation; and the National Park Service.<greek-th> x SEC. 6. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY. <greek-th> x (a) Management Plan.--<greek-th> x (1) In general.--Not later than 3 years after the Secretary enters into a cooperative agreement with the management entity, the management entity shall develop a management plan for the Heritage Corridor, taking into consideration Federal, State, borough, and local plans.<greek-th> x (2) Contents.--The management plan shall include, but not be limited to--<greek-th> x (A) comprehensive recommendations for conservation, funding, management, and development of the Heritage Corridor;<greek-th> x (B) a description of agreements on actions to be carried out by public and private organizations to protect the resources of the Heritage Corridor;<greek-th> x (C) a list of specific and potential sources of funding to protect, manage, and develop the Heritage Corridor;<greek-th> x (D) an inventory of the known cultural and historic resources contained in the Heritage Corridor; and<greek-th> x (E) a description of the role and participation of other Federal, State, and local agencies that have jurisdiction on lands within the Heritage Corridor.<greek-th> x (b) Priorities.--The management entity shall give priority to the implementation of actions, goals, and policies set forth in the cooperative agreement with the Secretary and the management plan, including assisting communities within the region in--<greek-th> x (1) carrying out programs that recognize important resource values in the Heritage Corridor;<greek-th> x (2) encouraging economic viability in the affected communities;<greek-th> x (3) establishing and maintaining interpretive exhibits in the Heritage Corridor;<greek-th> x (4) improving and interpreting heritage trails;<greek-th> x (5) increasing public awareness and appreciation for the natural, historical, and cultural resources and modern resource development of the Heritage Corridor;<greek-th> x (6) restoring historic buildings and structures that are located within the boundaries of the Heritage Corridor; and<greek-th> x (7) ensuring that clear, consistent, and appropriate signs identifying public access points and sites of interest are placed throughout the Heritage Corridor.<greek-th> x (c) Public Meetings.--The management entity shall conduct 2 or more public meetings each year regarding the initiation and implementation of the management plan for the Heritage Corridor. The management entity shall place a notice of each meeting in a newspaper of general circulation in the Heritage Corridor and shall make the minutes of the meeting available to the public.<greek-th> x SEC. 7. DUTIES OF THE SECRETARY. <greek-th> x In accordance with the terms and conditions of the cooperative agreement, upon the request of the management entity, and subject to the availability of funds, the Secretary may provide administrative, technical, financial, design, development, and operations assistance to carry out the purposes of this Act.<greek-th> x SEC. 8. SAVINGS PROVISIONS. <greek-th> x (a) Regulatory Authority.--Nothing in this Act shall be construed to grant powers of zoning or management of land use to the management entity.<greek-th> x (b) Effect on Authority of Governments.--Nothing in this Act shall be construed to modify, enlarge, or diminish any authority of the Federal, State, or local governments to manage or regulate any use of land as provided for by law or regulation.<greek-th> x (c) Effect on Business.--Nothing in this Act shall be construed to obstruct or limit business activity on private development or resource development activities.<greek-th> x SEC. 9. PROHIBITION ON THE ACQUISITION OR REAL PROPERTY. <greek-th> x The management entity may not use funds appropriated to carry out the purposes of this Act to acquire real property or interests in real property.<greek-th> x SEC. 10. AUTHORIZATION OF APPROPRIATIONS. <greek-th> x (a) First Year.--For the first year $350,000 is authorized to be appropriated to carry out the purposes of this Act, and is made available upon the Secretary and the management entity entering into a cooperative agreement under section 3.<greek-th> x (b) In General.--There is authorized to be appropriated not more than $1,000,000 to carry out the purposes of this Act for any fiscal year after the first year. Not more than $10,000,000, in the aggregate, may be appropriated for the Heritage Corridor.<greek-th> x (c) Matching Funds.--Federal funding provided under this Act shall be matched at least 25 percent by other funds or in-kind services.<greek-th> x (d) Sunset Provision.--The Secretary may not make any grant or provide any assistance under this Act beyond 15 years from the date that the Secretary and the management entity enter into a cooperative agreement.<greek-th> x <greek-th> x 08 x | Kenai Mountains-Turnagain Arm National Heritage Corridor Act - Establishes in Alaska the Kenai Mountains-Turnagain Arm National Heritage Corridor. Directs the Secretary of the Interior to enter into a cooperative agreement with the Board of Directors of the Kenai Mountains-Turnagain Arm National Heritage Corridor Communities Association to develop a management plan for the Corridor. Authorizes the Secretary to provide assistance to carry out this Act. Prohibits the Association from using appropriated funds to acquire real property. |
SECTION 1. CANADIAN FORCES BASE GAGETOWN REGISTRY. (a) Establishment.--Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish and maintain a registry to be known as the ``Canadian Forces Base Gagetown Health Registry'' (in this section referred to as the ``Registry''). (b) Contents.--Except as provided in subsection (c), the Registry shall include the following information: (1) A list containing the name of each individual who-- (A) while serving as a member of the Armed Forces, was stationed at or underwent training at Canadian Forces Base Gagetown, New Brunswick, Canada, at any time during the period beginning on January 1, 1956, and ending on December 31, 2006; and (B)(i) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code; (ii) files a claim for compensation under chapter 11 of such title on the basis of any disability that may be associated with such service; (iii) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service; (iv) requests from the Secretary a health examination under subsection (d)(1); or (v)(I) receives from the Secretary a health examination similar to the health examination under subsection (d)(1); and (II) submits to the Secretary a request to be included in the Registry. (2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who-- (A) grants to the Secretary permission to include such information in the Registry; or (B) at the time the name of the individual is added to the Registry, is deceased. (c) Individuals Submitting Claims or Making Requests Before Date of Enactment.--If an application, claim, or request referred to in paragraph (1) of subsection (b) was submitted, filed, or made with respect to an individual described in that paragraph before the date of the enactment of this Act, the Secretary shall, to the extent feasible, include in the Registry the information described in that subsection relating to that individual. (d) Examinations.-- (1) In general.--Upon the request of an individual described in subsection (b)(1)(A), the Secretary shall provide the individual with-- (A) a health examination (including any appropriate diagnostic tests); and (B) consultation and counseling with respect to the results of the examination and tests. (2) Consultation and counseling to family members.--In the case of an individual described in subsection (b)(1)(A) who is deceased, upon the request of a spouse, child, or parent of that individual, the Secretary shall provide that spouse, child, or parent with consultation and counseling with respect to the results of the examination and tests under paragraph (1)(A) or the results of an examination similar to that examination with respect to that individual. (e) Outreach.-- (1) Ongoing outreach to individuals listed in the registry.--The Secretary shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of potential exposure to a toxic substance or environmental hazard related to service at Canadian Forces Base Gagetown. (2) Examination outreach.--The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under subsection (d). (f) Department of Defense Information.--The Secretary of Defense shall furnish to the Secretary of Veterans Affairs such information maintained by the Secretary of Defense as the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry. (g) Independent Study.-- (1) In general.--The Secretary of Veterans Affairs shall provide for a study on the potential exposure of individuals to toxic substances or environmental hazards related to service at Canadian Forces Base Gagetown at any time during the period beginning on January 1, 1956, and ending on December 31, 2006. (2) Independent entity.--The study required by paragraph (1) shall be carried out by an entity that-- (A) has experience conducting studies with respect to the exposure of individuals to toxic substances or environmental hazards; and (B) is not affiliated with the Department of Veterans Affairs. (3) Deadline for completion.--The study required by paragraph (1) shall be completed not later than one year after the date of the enactment of this Act. (h) Annual Report.-- (1) In general.--Not later than two years after the date of the enactment of this Act, and each year thereafter, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the Registry. (2) Elements.--Each report required by paragraph (1) shall include the following: (A) The number of veterans included in the Registry. (B) Any trend in claims for compensation under chapter 11 or 13 of title 38, United States Code, with respect to veterans included in the Registry. (C) A description of the outreach efforts made by the Secretary under subsection (e) during the one-year period ending on the date of such report. (D) Such other matters as the Secretary considers appropriate. | Directs the Secretary of Veterans Affairs (VA), not later than one year after the enactment of this Act, to establish and maintain a registry to be known as the Canadian Forces Base Gagetown Health Registry (Registry) containing the name of each individual who, while serving in the Armed Forces, was stationed at or underwent training at Canadian Forces Base Gagetown, New Brunswick, Canada (Gagetown), during the period beginning on January 1, 1956, and ending on December 31, 2006, and who: (1) applies for care or services from the VA; (2) files a claim for compensation on the basis of any disability that may be associated with such service; (3) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation on the basis of such service; (4) requests a health examination from the VA; or (5) receives such examination and requests inclusion in the Registry. Requires the Secretary, upon request, to provide the examination, as well as consultation and counseling regarding examination results to the service member and counseling and consultation to family members of a deceased service member. Directs the Secretary to: (1) notify individuals in the Registry of significant developments in research on the health consequences of potential exposure to a toxic substance or environmental hazard related to service at Gagetown; (2) carry out appropriate outreach activities with respect to such health examinations, consultation, and counseling; (3) provide for a study by an independent entity, not affiiated with the VA, on the potential exposure of individuals to toxic substances or environmental hazards related to service at Gagetown; and (4) submit to the House and Senate Committees on Veterans Affairs an annual report on the Registry. |
SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Prevent a Government Shutdown Act of 2015''. (b) Findings.--Congress finds the following: (1) The Budget Control Act of 2011 set tight discretionary spending caps and required additional deficit reduction to be accomplished either through bipartisan, bicameral negotiations or, as a fallback, through sequestration that would further cut discretionary and mandatory spending levels. The threat of such draconian and arbitrary cuts was intended to encourage lawmakers to negotiate a thoughtfully designed substitute package of revenue increases and targeted spending cuts. (2) The negotiations that followed were unsuccessful and the initial sequester took place in fiscal year 2013. (3) While the threat of a sequester had not led to an agreement, the reality of a sequester did. Lawmakers negotiated a two-year agreement that set higher levels of both defense and non-defense discretionary (NDD) spending for fiscal years 2014 and 2015. (4) A similar agreement is necessary now to avoid deep budget cuts in the new fiscal year, beginning on October 1, 2015. (5) Senator John McCain and Representative Mac Thornberry, the Chairs of the Senate and House Armed Services Committees, have criticized the level of defense spending allowed under sequestration: ``These cuts are seriously undermining the capabilities, readiness, morale and modernization of the armed forces. The senior military leaders of the Army, Navy, Air Force and Marine Corps have all testified to our committees that, with defense spending at sequestration levels, they cannot execute the National Military Strategy.'' (6) The impact of the cuts on NDD spending is becoming increasingly clear. NDD United--an alliance of more than 2,500 organizations trying to protect NDD investments that benefit all Americans--made the case that ``these self-imposed cuts are dragging down our economic recovery, hampering business growth and development, weakening public health preparedness and response, reducing resources for our nation's schools and colleges, compromising federal oversight and fraud recovery, hindering scientific discovery, eroding our infrastructure, and threatening our ability to address emergencies around the world.'' The impact can also be seen in the bills reported by the House Committee on Appropriations for fiscal year 2016. Among other things, those bills would cut the Department of Education by $2.8 billion below the current level, take away housing vouchers from thousands of families, and provide $1.4 billion less than the President requested for the Department of Veterans Affairs. (7) The sequester--in addition to endangering our defense, reducing investments in our future, and risking harm to vulnerable Americans--will weaken the Nation's ongoing economic recovery. A recent analysis by the Congressional Budget Office found that eliminating the sequester would increase Gross Domestic Product by 0.4 percent in 2016 and 0.2 percent in 2017. It would also increase employment by 500,000 next year and 300,000 in 2017. (8) Providing relief from the sequester will also make it possible for Congress to act on appropriations legislation before the start of the fiscal year, averting a Government shutdown if funding is not in place. (9) The last Government shutdown lasted for 16 days in 2013. The Office of Management and Budget later found that the shutdown cost the economy about 120,000 private-sector jobs and shrunk GDP growth in that quarter by 0.2 percent to 0.6 percent. The country lost 6.6 million days' worth of work through furloughs of Federal employees; national parks lost $500 million in visitor spending; $4 billion in tax refunds were delayed; nearly 6,300 children lost access to Head Start; and hundreds of food safety inspections were delayed. (10) Therefore, to prevent another Government shutdown and allow appropriations bills for fiscal year 2016 to fund vital services at necessary levels, immediate negotiations on a budget agreement are needed. An essential component of those negotiations should be to raise the discretionary spending caps for defense and non-defense, eliminating the non-defense sequester and reducing the defense sequester by the same amount. (11) It is preferable that Congress agree to offset the cost of the sequester relief with deficit reduction from closing special interest tax loopholes. However, it is imperative that the sequester relief occur regardless of whether the agreement for offsetting deficit reduction is reached. SEC. 2. BIPARTISAN, BICAMERAL AGREEMENT ON SEQUESTER RELIEF. (a) In General.--A bipartisan measure shall be negotiated, by the individuals appointed under subsection (b), that-- (1) increases the discretionary spending limit for fiscal years 2016 and 2017 in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)), with the increases equally applied to the revised security category and the revised nonsecurity category for each such fiscal year; and (2) includes provisions that reduce the deficit by an amount deemed appropriate. (b) Appointment of Members.--Not later than 1 day after the date of enactment of this Act-- (1) the Speaker of the House of Representatives shall determine the total number of individuals that shall negotiate the measure described under subsection (a); and (2) the Speaker, the Minority Leader of the House of Representatives, the Majority Leader of the Senate, and the Minority Leader of the Senate shall each appoint one quarter of the total number of individuals determined under paragraph (1). (c) Approval and Consideration of Measure.-- (1) Approval.--The measure described in subsection (a) shall require the approval of a majority of the individuals appointed under subsection (b)(2). (2) Consideration.--If approved under paragraph (1), the measure shall be considered under the procedures set forth in section 402 of the Budget Control Act of 2011 (Public Law 112- 25), other than subsection (g), and except that in applying such section, ``September 25, 2015'' shall be substituted for ``December 9, 2011'' and ``September 30, 2015'' shall be substituted for ``December 23, 2011'' in each place it appears. SEC. 3. ALTERNATIVE ADJUSTMENT TO DISCRETIONARY SPENDING LIMITS FOR FISCAL YEAR 2016 AND 2017. (a) Security and Nonsecurity Discretionary Spending Limit Adjustments.--If the measure described under section 2(a) is not enacted into law before October 1, 2015, effective upon October 1, 2015, the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 et seq.) is amended as follows: (1) In section 251(c)-- (A) in paragraph (3)(A), by striking the dollar amount and inserting ``$559,600,000,000''; and (B) in paragraph (4)(A), by striking the dollar amount and inserting ``$573,393,000,000''. (2) In section 251A-- (A) in paragraph (10)(A), by striking the period at the end and inserting ``and for fiscal years 2016 and 2017 by the Prevent a Government Shutdown Act of 2015.''; and (B) in paragraph (10)(B), by striking ``and 2015'' and inserting ``2015, 2016, and 2017''. (b) Application.--Any adjustment made to the discretionary spending limits for fiscal year 2016 in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(c)) by the Office of Management and Budget before the date of enactment of this Act shall have no force or effect. The preceding sentence shall only apply if the measure described under section 2(a) is not enacted into law before October 1, 2015. | Prevent a Government Shutdown Act of 2015 This bill requires the congressional leadership of both parties to appoint an equal number of individuals to negotiate legislation to: (1) increase the security and nonsecurity discretionary spending limits equally for both FY2016 and FY2017, and (2) reduce the deficit by the amount deemed appropriate. If a majority of the appointees approve the measure, Congress must consider the legislation using expedited legislative procedures included in the Budget Control Act of 2011. If the legislation is not enacted prior to October 1, 2015, the bill amends the Balanced Budget and Emergency Deficit Control Act of 1985 to increase the discretionary spending limits by specified amounts and eliminate the automatic spending cuts required in FY2016 and FY2017 by sequestration under current law. |
SECTION 1. SHORT TITLE. This title may be cited as the ``Cryptocurrency Protocol Protection and Moratorium Act'' (also, ``CryptPMA''). SEC. 2. MORATORIUM. (a) Neither the Federal Government nor any State or political subdivision thereof shall impose any statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession or transfer of any algorithmic protocols governing the operation of any virtual, non-physical, algorithm or computer source code-based medium for exchange (collectively, ``cryptocurrency'' as defined herein) for a period beginning June 1, 2015, and extending five years after the enactment of this Act (such period, the ``moratorium period''), except for statutes already enacted and effective prior to the date of enactment of this Act, and further suspending the enactment and effectiveness of any and all pending statutes and regulations until the end of the aforementioned moratorium period, except as otherwise provided in this section. (b) Nothing in this Act shall prevent, impair or impede the operation of any government agency, authority or instrumentality, whether of the Federal Government or of any State or political subdivision thereof, to enforce currently existing criminal, civil or taxation statutes and regulations. SEC. 3. DEFINITIONS. (a) ``Algorithm'' is defined as a procedure for solving a mathematical problem in a finite number of steps performed by a computer. (b) ``Algorithmic chain'' is a series or chain of bits of data comprising a unique string of data which is the basis for the cryptographic proof of a valid transfer or transaction of cryptocurrencies. The algorithmic chain for a cryptocurrency is commonly referred to as a ``blockchain''. (c) The ``cryptographic proof'' for each transaction or transfer is based on one unique algorithmic chain, distinct from all previously existing algorithms and neither replicable nor reusable yet sharing with all other units at least one common source code element in the algorithmic chain (or ``blockchain'') in the transferor's existing bitcoin or bitcoins. (d) ``Protocol'' refers to procedures or guidelines governing the creation, development and operation of a cryptocurrency. (e) ``Service'' is defined as the Internal Revenue Service. (f) The phrase ``using the Internet or other electronic, non- physical medium'' means by placement of material in a computer server- based file archive so that it is publicly accessible, on, through, or over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (g) ``Cryptocurrency'' is a popular term encompassing code-based protocols supporting an electronic, non-physical media for the exchange of value, and for the sake of both clarity and the avoidance of confusion in the mind of the public, based on the prior use of this term by the Internal Revenue Service in its initial guidance (see Notice 2014-21, released March 26, 2014) this term is used herein. However, it is believed ``cryptocurrency'' encompasses the same protocols as those covered by terms such as ``digital currency'', ``virtual currency'' or ``electronic currency''. SEC. 4. DECLARATION OF MORATORIUM. (a) In General.--It is the sense of Congress that no new statutes, regulations or advisory opinions be passed, implemented, enforced or issued governing the creation, use, possession or taxation of cryptocurrencies, the protocols governing each and the data, codes, algorithms or other calculations comprising each, until the expiration of the moratorium as provided in this Act. (b) Public Interest.--It is further the sense of Congress that the development and use of any media for exchange which possesses the characteristic of cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification is a circumstance that is likely to result in economic and other efficiencies for the American people and other participants in the domestic economy, and as such may be crucial to overall economic growth, will enhance the economic well-being of the American people and will otherwise be in the public interest. SEC. 5. DECLARATION OF NEUTRAL TAX TREATMENT. (a) In General.--It is the sense of Congress that the production, possession or use of cryptocurrency, whether in trade, commerce or personal non-commercial transfers, should not be disfavored or discouraged by the Federal tax code or other Federal or State statute or regulation. (b) Tax Treatment.--It is the sense of Congress that the current guidance just promulgated and released by the Service in its Notice 2014-21 is advisory, subject to public comment and not in final form pending the expiration of the comment period. As such, Congress believes that the current guidance is less than optimal for the American people and economy, and directs the Service to issue or revise interim regulations consistent with the following. (c) Treatment as Currency.--It is the sense of Congress that virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of any cryptocurrency. Tax treatment of cryptocurrency as property does not account for the substantial illiquidity and highly limited acceptance and use of cryptocurrency, and substantially and unfairly discourages taxpayers engaging in a trade or business from using cryptocurrency in commerce. This circumstance is likely to discourage economic activity and stifle innovation and growth. At present, a taxpayer accepting cryptocurrency for goods or services will be taxed on the fair market value of the cryptocurrency despite the fact that exchange rates (from cryptocurrency to conventional currency) are both highly volatile and published or available only on a small number of proto-exchanges in the early stages of development, acceptance and awareness by cryptocurrency users. As a result, current tax treatment will measure income on the basis of an illiquid and likely inaccurate fair market value that exceeds the taxpayer's true fair market value and hence income, resulting in the risk of a consistent overtaxation or overpayment that will act as a strong deterrent to or penalty for accepting cryptocurrency in payment. Such tax treatment is inconsistent with the tax treatment of secured notes for payment in trade or commerce, which recognizes a discount from the face value of the note due to the illiquid nature of the payment. (Note: See IRS Pub. 525 at 4.) (d) Revenue in Trade or Business; Taxation Upon Monetizing Event.-- It is the sense of Congress that taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion. (Note: This treatment seeks to achieve the most accurate and fair measure of actual income received, as distinguished from theoretical income in the form of cryptocurrency which, until its conversion to dollars, remains under substantial risk of diminution from illiquidity or other conversion risks or inefficiencies. This treatment is consistent with tax treatment of statutory stock options where the taxable event is not the receipt or exercise of the option, but the sale of the underlying stock for proceeds in cash. The goal here is to have income taxed when the income is actual instead of theoretical and subject to substantial if not total risk of loss through liquidity problems, exchange problems or other barriers to monetization.) Accordingly, as it is the further sense of Congress that income on cryptocurrency received in trade or business should be defined as the net proceeds from conversion of the received cryptocurrency into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. (e) Revenue From Mining or Creation of Cryptocurrency.--It is the sense of Congress that the Service's guidance that taxpayers should have the fair market value of the cryptocurrency they successfully ``mine'' or produce included in gross income is inequitable, overstates actual income by overstating fair market value by not accounting for the liquidity risk or the risk that substantial effort may yield no production, and strongly and unfairly penalizes or discourages such income producing efforts and deters economic growth, activity and innovation. Accordingly, as it is the further sense of Congress that mined produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars, the Service is hereby directed to revise or issue interim regulations consistent herewith. SEC. 6. SEVERABILITY. If any provision of this title, or any amendment made by this title, or the application of that provision to any person or circumstance, is held by a court of competent jurisdiction to violate any provision of the Constitution of the United States, then the other provisions of that title, and the application of that provision to other persons and circumstances, shall not be affected. | Cryptocurrency Protocol Protection and Moratorium Act or the CryptPMA - Prohibits, for a five-year moratorium period beginning June 1, 2015, federal, state, and local governments from imposing statutory restrictions or regulations specifically identifying and governing the creation, use, exploitation, possession, or transfer of any algorithmic protocols governing the operation of any virtual, non-physical algorithm or computer source code-based medium for exchange (cryptocurrency). Defines cryptocurrency as a popular term encompassing code-based protocols supporting an electronic, non-physical medium for the exchange of value. Expresses the sense of Congress that, until the expiration of the five-year moratorium, no new statutes, regulations or advisory opinions be passed, implemented, enforced, or issued governing the creation, use, possession or taxation of cryptocurrencies, including governing protocols, data, codes, algorithms, or other calculations. Expresses the sense of Congress further that: (1) development and use of any medium for exchange which possesses the characteristic of cryptographic proof of and for a transaction of cryptocurrency without the need for or reliance upon third-party intermediaries or verification is in the public interest; and (2) production, possession or use of cryptocurrency, whether in trade, commerce, or personal non-commercial transfers, should not be disfavored or discouraged by either the federal tax code or other governmental statute or regulation. Expresses the sense of Congress that: (1) the current guidance released by the IRS in its Notice 2014-21 is advisory, subject to public comment, and not in final form pending the expiration of the comment period; and (2) less than optimal for the American people and economy. Directs the IRS to issue or revise interim regulations consistent with the sense of Congress that: virtual currencies should be treated as currency instead of property in order to foster an equitable tax treatment and prevent a tax treatment that would discourage the use of cryptocurrency; taxpayers accepting cryptocurrency in trade or commerce should be deemed to realize actual income only when cryptocurrency is monetized through conversion or exchange into dollars or any official government currency, and that fair market value should be calculated as net proceeds from the conversion; and mined or produced cryptocurrency should be taxed as income only when actual income is realized by a transfer and conversion of proceeds into dollars. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women Veterans Health Equity Act of 1996''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Health care for veterans has traditionally been considered in terms of male veterans. (2) Women constitute nearly 5 percent of the total veteran population, a percentage that is growing. (3) There are currently 1,200,000 female veterans in the United States, a number which is steadily increasing. (4) Thirty percent of women using Department of Veterans Affairs facilities report some form of sexual assault or sexual trauma during their military service. SEC. 3. TIMELY AND APPROPRIATE HEALTH CARE SERVICES FOR WOMEN. (a) Ensured Provision of Services.--The Secretary of Veterans Affairs shall ensure that each health-care facility under the direct jurisdiction of the Secretary is able, through services made available either by individuals appointed to positions in the Veterans Health Administration or under contracts or other agreements made under section 7409, 8111, or 8153 of title 38, United States Code, or title II of Public Law 102-585, to provide in a timely and appropriate manner women's health services (as defined in section 1701(10) of title 38, United States Code (as added by section 4) to any veteran described in section 1710(a)(1) of title 38, United States Code, who is eligible for such services. (b) Health Care Services To Be Provided Directly When Cost Effective.--(1) The Secretary shall ensure that each health-care facility under the direct jurisdiction of the Secretary shall provide women's health services directly (rather than by contract or other agreement) when it is cost effective to do so. (2) The Secretary shall ensure that each such facility is provided appropriate equipment, treatment facilities, and staff to carry out paragraph (1) and to ensure that the quality of care provided under that paragraph is in accordance with professional standards. (c) Conforming Repeal.--Section 302 of the Veterans' Health Care Amendments of 1983 (Public Law 98-160; 97 Stat. 1004; 38 U.S.C. 1701 note) is repealed. SEC. 4. WOMEN'S HEALTH SERVICES. (a) Women's Health Services.--Section 1701 of title 38, United States Code, is amended-- (1) in paragraph (6)(A)(i), by inserting ``women's health services,'' after ``preventive health services,''; and (2) by adding at the end the following: ``(10) The term `women's health services' means health care services provided to women. Such term includes counseling and services relating to the following: ``(A) Papanicolaou tests (pap smear). ``(B) Breast examinations and mammography. ``(C) The treatment, management, and prevention of sexually transmitted diseases. ``(D) Hormone replacement therapy. ``(E) Menopause, osteoporosis, senility, and other conditions relating to aging. ``(F) Cardiac care. ``(G) Physical and psychological conditions arising out of acts of sexual violence or sexual intimidation. ``(H) Well-baby care and pediatrics. ``(I) Physical and psychological conditions that result from homelessness.''. (b) Contracts for Women's Health Services.--Section 1703(a) of such title is amended by adding at the end the following: ``(9) Women's health services for veterans on an ambulatory or outpatient basis.''. (c) Repeal of Superseded Authority.--Section 106 of the Veterans Health Care Act of 1992 (Public Law 102-585; 38 U.S.C. 1710 note) is amended-- (1) by striking out subsection (a); and (2) by striking out ``(b) Responsibilities of Directors of Facilities.--'' before ``The Secretary''. SEC. 5. PRIMARY CARE SERVICES. (a) Training of Primary Care Physicians.--The Secretary of Veterans Affairs shall ensure that primary care physicians of the Department of Veterans Affairs are trained and prepared to ask the appropriate questions in regard to the possibility that a patient who is a woman veteran may have experienced sexual assault or sexual trauma while in active military, naval, or air service. (b) Pregnancy Care for Women Veterans With Service-Connected Disability.--The Secretary of Veterans Affairs shall make available to any pregnant veteran who has a service-connected disability pregnancy care services, including pre-natal, delivery, and post-natal care. SEC. 6. OUTREACH SERVICES FOR HOMELESS WOMEN VETERANS. Section 7722(e) of title 38, United States Code, is amended by adding at the end the following new sentence: ``In carrying out this subsection, the Secretary shall take such steps as may be necessary to ensure that homeless women veterans are included in such outreach programs and outreach services. Such programs and services for women veterans shall include the following: ``(1) Crisis counseling and psychological testing for Post- Traumatic Stress Disorder and other manic depressive illnesses. ``(2) Transportation for outreach assistance. ``(3) Priority placement for inpatient services. ``(4) Follow-up and after-care treatment.''. SEC. 7. SAFE AND EFFECTIVE TREATMENT FOR WOMEN PSYCHIATRIC PATIENTS. (a) Safe and Effective Treatment.--The Secretary of Veterans Affairs shall ensure that women veterans who receive psychiatric treatment from the Secretary, particularly in the case of women who are sexually traumatized, receive such treatment (on both an inpatient and outpatient basis) in a safe and effective manner that recognizes the privacy needs of such women. The Secretary shall ensure strict confidentiality for women veterans receiving such treatment. Services to be provided women veterans who require such treatment shall include the following: (1) Private counseling. (2) A comprehensive medical examination and evaluation. (b) Partnerships To Provide Temporary Shelter.--As part of a program of treatment under subsection (a), the Secretary shall establish partnerships with nonprofit entities to provide temporary housing for homeless women veterans until their mental condition is stabilized. SEC. 8. MAMMOGRAPHY QUALITY STANDARDS. (a) In General.--(1) Subchapter II of chapter 73 is amended by adding at the end the following new section: ``Sec. 7319. Mammography quality standards ``(a) A mammogram may not be performed at a Department facility unless that facility is accredited for that purpose by a private nonprofit organization designated by the Secretary. An organization designated by the Secretary under this subsection shall meet the standards for accrediting bodies established under section 354(e) of the Public Health Service Act (42 U.S.C. 263b(e)). ``(b) The Secretary, in consultation with the Secretary of Health and Human Services, shall prescribe quality assurance and quality control standards relating to the performance and interpretation of mammograms and use of mammogram equipment and facilities of the Department of Veterans Affairs consistent with the requirements of section 354(f)(1) of the Public Health Service Act. Such standards shall be no less stringent than the standards prescribed by the Secretary of Health and Human Services under section 354(f) of the Public Health Service Act. ``(c)(1) The Secretary, to ensure compliance with the standards prescribed under subsection (b), shall provide for an annual inspection of the equipment and facilities used by and in Department health care facilities for the performance of mammograms. Such inspections shall be carried out in a manner consistent with the inspection of certified facilities by the Secretary of Health and Human Services under section 354(g) of the Public Health Service Act. ``(2) The Secretary may not provide for an inspection under paragraph (1) to be performed by a State agency. ``(d) The Secretary shall ensure that mammograms performed for the Department under contract with any non-Department facility or provider conform to the quality standards prescribed by the Secretary of Health and Human Services under section 354 of the Public Health Service Act. ``(e) For the purposes of this section, the term `mammogram' has the meaning given such term in paragraph (5) of section 354(a) of the Public Health Service Act (42 U.S.C. 263b(a)).''. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7318 the following new item: ``7319. Mammography quality standards.''. (b) Deadline for Prescribing Standards.--The Secretary of Veterans Affairs shall prescribe standards under subsection (b) of section 7319 of title 38, United States Code, as added by subsection (a), not later than the end of the 120-day period beginning on the date of the enactment of this Act. (c) Implementation Report.--The Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the Secretary's implementation of section 7319 of title 38, United States Code, as added by subsection (a). The report shall be submitted not later than 120 days after the later of (1) the date on which the Secretary prescribes the quality standards required under subsection (b) of that section, or (2) the date of the enactment of this Act. SEC. 9. COORDINATION OF SERVICES. Section 108 of the Women Veterans Health Programs Act of 1992 (title I of Public Law 102-585; 38 U.S.C. 1710) is amended-- (1) by inserting ``(a)'' at the beginning of the text of the section; and (2) by adding at the end the following: ``(b)(1) Each coordinator of women's services under subsection (a) shall serve in that capacity on a full-time basis, with the duties of that position being that official's principal responsibility. ``(2) The Secretary shall ensure that (subject to the availability of appropriations) sufficient resources are provided to each such coordinator to enable that coordinator to carry out the functions of the coordinator under this section and shall ensure that each such coordinator has direct access to the Chief of Staff of each Department medical facility in that coordinator's region.''. SEC. 10. PATIENT PRIVACY FOR WOMEN PATIENTS. (a) Identification of Deficiencies.--The Secretary of Veterans Affairs shall conduct a survey of each medical center under the jurisdiction of the Secretary to identify deficiencies relating to patient privacy afforded to women patients in the clinical areas at each such center which may interfere with appropriate treatment of such patients. (b) Correction of Deficiencies.--The Secretary shall ensure that plans and, where appropriate, interim steps, to correct the deficiencies identified in the survey conducted under subsection (a) are developed and are incorporated into the Department's construction planning processes and given a high priority. (c) Reports to Congress.--The Secretary shall compile an annual inventory, by medical center, of deficiencies identified under subsection (a) and of plans and, where appropriate, interim steps, to correct such deficiencies. The Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives, not later than October 1, 1997, and not later than October 1 each year thereafter through 2000 a report on such deficiencies. The Secretary shall include in such report the inventory compiled by the Secretary, the proposed corrective plans, and the status of such plans. SEC. 11. OUTREACH SERVICES. The Secretary of Veterans Affairs shall carry out a program of advertising in mass media to inform women veterans of the health services available to them through the Department of Veterans Affairs. | Women Veterans Health Equity Act of 1996 - Directs the Secretary of Veterans Affairs to ensure that each Department of Veterans Affairs health-care facility is able to provide timely and appropriate women's health services. Requires such services to be provided directly (rather than by contract or other agreement) when cost-effective. Requires the Secretary to ensure that each such facility is provided appropriate equipment, facilities, and staff for such services and that the quality of such care meets professional standards. (Sec. 4) Specifies the services to be included as women's health services in the Department. Allows such services provided on an ambulatory or outpatient basis to be procured by contract when Department facilities are not capable of furnishing economical hospital care or medical services because of geographical inaccessibility or are not capable of furnishing the care or services required. (Sec. 5) Directs the Secretary to ensure that Department primary care physicians are trained and prepared to appropriately question a woman patient who may have experienced sexual assault or trauma while in active military service. Requires pregnancy care to be provided to any pregnant veteran who has a service-connected disability. (Sec. 6) Directs the Secretary to ensure that homeless women veterans are included in homeless veterans' outreach programs, and that such programs include specified counseling and outreach assistance and follow-up and after-care treatment. (Sec. 7) Requires women veterans to receive safe Department psychiatric treatment which recognizes their privacy needs. Requires strict confidentiality concerning such treatment. Requires such services to include private counseling and a comprehensive medical examination and evaluation. Directs the Secretary to establish partnerships with nonprofit entities to provide temporary housing for homeless women veterans until their mental condition is stabilized. (Sec. 8) Prohibits a mammogram from being performed at a Department facility unless such facility is accredited for such purpose by a private nonprofit organization designated by the Secretary. Directs the Secretary to prescribe quality assurance standards for such mammograms as well as for mammogram equipment and facilities. Requires an annual inspection of such equipment and facilities. Requires contracted mammogram services to conform to such standards. Requires: (1) the standards to be prescribed within 120 days after the enactment of this Act; and (2) a report from the Secretary to the congressional veterans' committees on the implementation of this section. (Sec. 9) Amends the Women Veterans Health Programs Act of 1992 to require each coordinator of women's services established under such Act to serve in such capacity on a full-time basis. Directs the Secretary to ensure that sufficient resources are provided to coordinators to carry out their functions. (Sec. 10) Directs the Secretary to conduct a survey of, and report to the veterans' committees in each of 1997 through 2000 on, each Department medical center to identify deficiencies relating to patient privacy afforded to women patients which may interfere with appropriate treatment. Requires the correction of any deficiencies discovered. (Sec. 11) Directs the Secretary to carry out a program of advertising in mass media to inform women veterans of the health services available through the Department. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Health Access Restoration Act of 1999''. SEC. 2. ADJUSTMENT TO PER BENEFICIARY LIMITS. (a) Increase in Payment Amount to Agencies With Limits Under the National Average.--Section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by section 5101(a) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended-- (1) in clause (v)(I), by inserting ``, clause (ix)'' after ``subject to clause (viii)(I)''; (2) in clause (viii)(I), by striking ``during or after fiscal year 1999'' and inserting ``during fiscal year 1999''; (3) by redesignating clause (ix) as clause (xii); and (4) by inserting after clause (viii) the following new clause: ``(ix) In the case of a provider with a 12-month cost reporting period ending in fiscal year 1994, if the limit imposed under clause (v) (determined without regard to this subclause) for a cost reporting period beginning after fiscal year 1999 is less than the median described in clause (vi)(I) (but determined as if any reference in clause (v) to `98 percent' were a reference to `100 percent'), the payment limit for such provider and period shall be equal to-- ``(I) for cost reporting periods beginning during fiscal year 2000, 90 percent of such median; ``(II) for cost reporting periods beginning during fiscal year 2001, 95 percent of such median; and ``(III) for cost reporting periods beginning during or after fiscal year 2002, such median. Each of the amounts specified in subclauses (I) through (III) are such amounts as adjusted under clause (iii) to reflect variations in wages among different areas.''. (b) Establishment of Per Beneficiary Cap; Waiver.-- (1) In general.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended in subsection (a), is further amended-- (A) in clause (v)(I), by inserting ``, and clause (x)'' after ``clause (ix)''; and (B) by inserting after clause (ix), the following new clause: ``(x) In the case of a provider with a 12-month cost reporting period ending in fiscal year 1994, if the limit imposed under clause (v) (determined without regard to this subclause) for a cost reporting period beginning after fiscal year 1999 exceeds the median described in clause (vi)(I) (but determined as if any reference in clause (v) to `98 percent' were a reference to `100 percent'), the payment limit for such provider and period may not exceed-- ``(I) for cost reporting periods beginning during fiscal year 2000, an amount equal to 250 percent of such median; ``(II) for cost reporting periods beginning during fiscal year 2001, an amount equal to 225 percent of such median; and ``(III) for cost reporting periods beginning during or after fiscal year 2002, an amount equal to 200 percent of such median. Notwithstanding the previous sentence, in the case of such a provider that demonstrates to the Secretary (in such form and using such data as the Secretary requires) that, for a cost reporting period, the provider, or a unit of the provider, specializes in the treatment of individuals who, because of age, diagnosis, or other criteria specified by the Secretary are substantially more costly-than-average to treat, the amount of payment to that provider or unit for such an individual for that period is the limitation determined under clause (v).''. (2) Consultation.--The Secretary of Health and Human Services shall consult with appropriate organizations, including such organizations representing providers of home health services, physicians, and patients in determining the criteria required for special payment provisions under the second sentence of clause (x) and under clause (xi) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), including descriptions of the type of patient, patient condition, unusual variations, and home health service that qualifies for such payment. (c) Waiver of Per Beneficiary Limit for Outliers.-- (1) In general.--Section 1861(v)(1)(L) of such Act (42 U.S.C. 1395x(v)(1)(L)), as amended in subsections (a) and (b), is further amended by inserting after clause (x), the following new clause: ``(xi)(I) Notwithstanding the applicable limit under clause (v), (vi), (viii), (ix), or (x), in the case of a provider that demonstrates to the Secretary that with respect to an individual to whom the provider furnishes home health services that are appropriate to the individual's condition (as determined by the Secretary) at a reasonable cost (as determined by the Secretary), and that such reasonable cost significantly exceeded such applicable limit because of unusual variations in the type or amount of medically necessary care (outliers) required to treat the individual, the Secretary, upon application by the provider, shall pay to such provider for such individual such reasonable cost. ``(II) The Secretary shall establish such criteria as is required for payment under this clause, including a description of the type of patient, patient condition, unusual variations, and home health service that qualifies for such payment. ``(III) In making determinations under subclause (I), the Secretary shall use data from the cost report, or from other data collected by the Secretary, of the provider for such year. ``(IV) A provider may make an application for payment under this clause for a fiscal year no earlier than the end of the provider's cost reporting period beginning in such fiscal year. ``(V) In the case of an application for payment under this clause that is approved by the Secretary, a provider may elect to receive payment on a quarterly basis.''. (2) Effective date.--The amendment made by subsection (a) takes effect six months after the date of the enactment of this Act, and applies with respect to applications by home health agencies for payment of reasonable costs for outliers for cost reporting periods ending on or after such date. (d) Reports to Congress.-- (1) Initial report.--Not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report describing the effect of the special payment provisions provided for under the second sentence of clause (x) and under clause (xi) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)). Such report shall include information with respect to the number of home health agencies that requested payment under such provisions and the number of such agencies that received payment under such provisions. (2) Final report.--Not later than three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that updates the report submitted under paragraph (1), including additional information with respect to the illnesses, and the characteristics of such illnesses, of the patients for whom payment under such special provisions was requested, and the characteristics of the home health agencies furnishing home health services to such patients for such illnesses. SEC. 3. REVISION OF PER VISIT LIMITS. Section 1861(v)(1)(L)(i) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)(i)), as amended by section 5101(b) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277), is amended-- (1) in subclause (IV), by striking ``or''; (2) in subclause (V)-- (A) by inserting ``and before October 1, 1999,'' after ``October 1, 1998,''; and (B) by striking the period at the end and inserting ``, or''; and (3) by adding at the end the following new subclause: ``(V) October 1, 1999, 110 percent of such median.''. SEC. 4. ELIMINATION OF CONTINGENT 15 PERCENT REDUCTION IN PAYMENT LIMITS UNDER THE INTERIM PAYMENT SYSTEM. Section 4603 of the Balanced Budget Act of 1997 (Public Law 105- 33), as amended by section 5101(c)(3) of the Tax and Trade Relief Extension Act of 1998 (Public Law 105-277) (111 Stat. 471), is amended by striking subsection (e). SEC. 5. INFORMATIONAL MATERIALS FOR MEDICARE BENEFICIARIES WITH RESPECT TO HOME HEALTH SERVICES. (a) In General.--The Secretary shall prepare a notice of the rights of individuals entitled to benefits under the medicare program (under title XVIII of the Social Security Act) to appeal a coverage determination with respect to items and services furnished to such individual under the program. In the case of such items and services consisting of home health services furnished by a home health agency, the home health agency shall furnish such notice to such an individual upon discharge by the agency of such individual from such services. (b) Information for Physicians.--The Secretary shall provide guidance for physicians contacted by affected individuals to assist such individuals, including specific guidance in the case of such individuals for whom home health services are discontinued before the recommended treatment is complete, but on behalf of whom payment under the limits established under section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)) has been made in full by the Secretary to the home health agency. The materials shall include telephone numbers and such other information to enable the physician to seek further assistance or clarification from individuals within the Health Care Financing Administration with appropriate expertise. (c) Requests for Additional Resources.--The Secretary may submit to Congress an estimate of additional resources required by the Health Care Financing Administration to comply with the provisions of the section. Any such estimate shall be included in the report required under paragraph (1) of section 2(d). (d) Effective Date.--By not later than six months after the date of the enactment of this Act, the Secretary shall begin distributing to home health agencies furnishing home health services under the medicare program (under title XVIII of the Social Security Act), and to physicians furnishing services under such program, the information prepared under this section. SEC. 6. COMPTROLLER GENERAL STUDY ON MEDICARE HOME HEALTH BENEFIT. (a) Study.-- (1) Cost of services.--The Comptroller General of the United States shall conduct a study on the relationship between the costs to the medicare program (under title XVIII of the Social Security Act) for home health services furnished by home health agencies under the program, and the costs to State and Federal government programs (including the medicare program and the medicaid program (under title XIX of such Act)) for services furnished by rehabilitation agencies, public health agencies, clinics, comprehensive outpatient rehabilitation facilities, skilled nursing facilities under the medicare program, and for long-term care services furnished under the medicaid program (under title XIX of such Act). (2) Determination of saving overall to medicare program.-- The Comptroller General shall also determine whether providing home health services as a benefit under the medicare program has resulted in lower costs overall to the Federal government. (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report describing the results of the study conducted under subsection (a). | Amends the Balanced Budget Act of 1997 to eliminate the 15 percent contingent reduction in payment amounts under the interim prospective payment system (PPS) for home health services. Directs: (1) the Secretary to prepare specified informational materials for assisting Medicare beneficiaries with regard to home health services; and (2) the Comptroller General to study and report to Congress on certain aspects of the Medicare home health benefit, including whether it has resulted in overall lower costs to the Federal Government. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Gabrieleno Band of Mission Indians Federal Recognition Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Gabrieleno Indians, aboriginally known as the kumi- vit, live within their homelands along the drainages of the Santa Ana and San Gabriel Rivers and the San Pedro, Wilmington, and Paso Robles areas of southern California. (2) The Gabrieleno Band of Mission Indians are recognized by anthropologists, historians, and genealogists, as the lineal, social, and political descendants of Native Americans contacted by Spanish and Portuguese explorers and settlers in the 16th and 17th centuries. (3) In the 17th and 18th centuries, the Spanish Mission San Gabriel was established on Gabrieleno Indian homelands causing the loss of their land base and disruption of the Gabrieleno Band of Mission Indians. (4) Today's Gabrieleno Indians are direct lineal descendants of enrollees on the 1928 Indian Census and on the 1933 supplemental roll book pursuant to the Act of May 8, 1928. (5) Gabrieleno tribal culture, manifest in life and burial rites and other social and religious practices, has been handed down generation-to-generation to the present day. (6) The Gabrieleno Band of Mission Indians is an Indian Tribe which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians and does in fact receive such services. (7) The Bureau of Indian Affairs has determined the Gabrieleno tribal blood quantum of each of the enrolled members of the Gabrieleno Band of Mission Indians and, for this and other reasons, the members of the Gabrieleno Band of Mission Indians receive certain Federal and State services that are afforded to them only because they are Indians. (8) The Gabrieleno Band of Mission Indians of California, Inc., was incorporated as a California nonprofit corporation on May 16, 2000, for the purpose of administering the business of the Tribe. (9) The Department of Health and Human Services has determined that the Gabrieleno Band of Mission Indians of California, Inc., is eligible for certain Federal programs because of its tribal and legal status and has provided grants to it in support of tribal governance. (10) The Gabrieleno Band of Mission Indians, Inc., is recognized by other federally recognized tribes in San Bernardino and Riverside Counties of California, as the governing body of the Gabrieleno Band of Mission Indians. (11) The Gabrieleno Band of Mission Indians is desirous of securing its cultural and its social and economic future and land on which to bury the remains of ancestors and for other purposes. SEC. 3. DEFINITIONS. For the purposes of this Act the following definitions apply: (1) Member.--The term ``member'' means an enrolled member of the Gabrieleno Band of Mission Indians, as of the date of the enactment of this Act, or an individual who has been placed on the membership roles in accordance with this Act. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Tribe.--The term ``Tribe'' means the Gabrieleno Band of Mission Indians. SEC. 4. FEDERAL RECOGNITION. Federal recognition is hereby extended to the Gabrieleno Band of Mission Indians. All laws and regulations of the United States of general application to Indians, or nations, tribes, or band of Indians, including the Act of June 18, 1934 (25 U.S.C. 461 et seq.) which are not inconsistent with any specific provision of this Act, shall be applicable to the Tribe and its members. SEC. 5. FEDERAL SERVICES AND BENEFITS. (a) In General.--The Tribe and its members shall be eligible, on and after the date of the enactment of this Act, for all future services and benefits provided by the Federal Government to federally recognized tribes without regard to the existence of a reservation for the Tribe or the location of the residence of any member on or near any Indian reservation. (b) Service Area.--For purposes of the delivery of Federal services to enrolled members of the Tribe, the Tribe's service area shall be coterminous with the Mission Area of the Southern California Agency of the Sacramento Area Office of the Bureau of Indian Affairs. SEC. 6. MEMBERSHIP. Not later than 18 months after the date of the enactment of this Act, the Tribe shall submit to the Secretary a membership roll consisting of all individuals enrolled in the Tribe. The qualifications for inclusion on the membership roll of the Tribe shall be determined by the membership clauses in the Tribe's governing document, in consultation with the Secretary. Upon completion of the roll, the Secretary shall immediately publish notice of the roll in the Federal Register. The Tribe shall ensure that such roll is maintained and kept current. SEC. 7. CONSTITUTION AND GOVERNING BODY. (a) Constitution.-- (1) Adoption.--Not later than 24 months after the date of the enactment of this Act, the Tribe shall conduct, by secret ballot, an election to adopt a constitution and bylaws for the Tribe. (2) Interim governing documents.--Until such time as a new constitution is adopted under paragraph (1), the governing documents in effect on the date of the enactment of this Act shall be the interim governing documents for the Tribe. (b) Officials.--Not later than 6 months after the Tribe adopts a constitution and bylaws pursuant to subsection (a), the Tribe shall elect a governing body in accordance with the procedures set forth in its constitution and bylaws. Until such time as a new governing body is elected, the governing body of the Tribe shall be the governing body selected under the election procedures specified in the interim governing documents of the Tribe. SEC. 8. LAND IN TRUST. (a) Requirement To Take Land Into Trust.--If, not later than 25 years after the date of the enactment of this Act, the Tribe transfers all right, title, and interest in and to any land identified under subsection (b) as its aboriginal homelands to the Secretary, the Secretary shall take such land into trust for the benefit of the Tribe. (b) Identification of Aboriginal Lands.--Not later than 10 years after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall identify those lands which shall be considered the aboriginal homelands of the Tribe for the purposes of subsection (a). SEC. 9. GAMING. Gaming regulated by the Indian Gaming Regulatory Act shall not be conducted on lands taken into trust for the benefit of the Tribe pursuant to this Act. | Gabrieleno Band of Mission Indians Federal Recognition Act - Extends Federal recognition to the Gabrieleno Band of Mission Indians. Makes the Gabrieleno eligible for future services and benefits accompanying Federal recognition without regard to the existence of a reservation or a member's residence.Sets forth requirements for the Tribe with respect to submission of a membership roll, adoption of a constitution, and election of a governing body.Requires the Secretary of the Interior, if the Tribe transfers rights to its aboriginal lands to the Secretary within 25 years after this Act's enactment, to take such land into trust for the Tribe's benefit. Prohibits gaming, as regulated by the Indian Gaming Regulatory Act, on trust lands. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Inflammatory Bowel Disease Research and Awareness Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Crohn's disease and ulcerative colitis are serious inflammatory diseases of the gastrointestinal tract. (2) Crohn's disease may occur in any section of the gastrointestinal tract but is predominately found in the lower part of the small intestine and the large intestine. Ulcerative colitis is characterized by inflammation and ulceration of the innermost lining of the colon. Complete removal of the colon in patients with ulcerative colitis can potentially alleviate and cure symptoms. (3) Because Crohn's disease and ulcerative colitis behave similarly, they are collectively known as inflammatory bowel disease. Both diseases present a variety of symptoms, including severe diarrhea; abdominal pain with cramps; fever; arthritic joint pain, inflammation of the eye, and rectal bleeding. There is no known cause of inflammatory bowel disease, or medical cure. (4) It is estimated that up to 1,400,000 people in the United States suffer from inflammatory bowel disease, 30 percent of whom are diagnosed during their childhood years. (5) Children with inflammatory bowel disease miss school activities because of bloody diarrhea and abdominal pain, and many adults who had onset of inflammatory bowel disease as children had delayed puberty and impaired growth and have never reached their full genetic growth potential. (6) Inflammatory bowel disease patients are at high risk for developing colorectal cancer. (7) The total annual medical costs for inflammatory bowel disease patients are estimated at more than $2,000,000,000. (8) The average time from presentation of symptoms to diagnosis in children is three years. (9) Delayed diagnosis of inflammatory bowel disease frequently results in more-active disease associated with increased morbidity and complications. (10) The National Institutes of Health National Commission on Digestive Diseases issued comprehensive research goals related to inflammatory bowel disease in its April 2009 report to Congress and the American public entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases''. SEC. 3. ENHANCING CDC'S PUBLIC HEALTH ACTIVITIES ON INFLAMMATORY BOWEL DISEASE. Part B of title III of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by inserting after section 320A the following: ``SEC. 320B. INFLAMMATORY BOWEL DISEASE EPIDEMIOLOGY RESEARCH AND PEDIATRIC PATIENT REGISTRY PROGRAM. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall conduct, support, and expand epidemiology research on inflammatory bowel disease in both pediatric and adult populations and establish a registry of pediatric IBD patients. ``(b) Cooperative Agreement.--In carrying out subsection (a), the Secretary shall enter into a cooperative agreement with a nonprofit organization with expertise and experience in conducting inflammatory bowel disease research to develop and administer the epidemiology research and registry program, including-- ``(1) expansion of existing IBD epidemiology program research activities within the National Center for Chronic Disease Prevention and Health Promotion; and ``(2) establishment, within one year of enactment of this section, of a population-based registry of pediatric IBD patients for the purposes of data collection, research, and patient services. ``(c) Pediatric IBD Registry.-- ``(1) Focus.--The pediatric IBD registry established under this section shall focus on, but not be limited to, data collection, storage and analysis regarding-- ``(A) the incidence and prevalence of pediatric IBD in the United States; ``(B) genetic and environmental factors associated with pediatric IBD; ``(C) age, race or ethnicity, gender, and family history of individuals diagnosed with pediatric IBD; and ``(D) treatment approaches and outcomes in pediatric IBD. ``(2) Additional requirements.--In establishing the pediatric IBD registry under this section, the Secretary shall-- ``(A) identify, build-upon, and coordinate with existing public and private surveillance systems related to pediatric IBD; and ``(B) establish a secure communication mechanism within the registry to facilitate patient contact with researchers studying the environmental and genetic causes of pediatric IBD or conducting clinical trials on pediatric IBD. ``(d) Definition.--In this section, the term `IBD' means inflammatory bowel disease. ``(e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $3,500,000 for each of the fiscal years 2010 through 2014. ``SEC. 320C. INCREASING PUBLIC AWARENESS OF INFLAMMATORY BOWEL DISEASE AND IMPROVING HEALTH PROFESSIONAL EDUCATION. ``(a) In General.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible entities for the purpose of increasing awareness of inflammatory bowel disease among the general public and health care providers. ``(b) Use of Funds.--The Secretary may not award a grant under this section to an eligible entity unless the entity agreed to use the grant to develop educational materials and conduct awareness programs focused on inflammatory bowel disease, including with respect to the following subjects: ``(1) Crohn's disease and ulcerative colitis and their symptoms. ``(2) Testing required for appropriate diagnosis and the importance of accurate and early diagnosis. ``(3) Key differences between pediatric and adult disease. ``(4) Specific physical and psychosocial issues impacting pediatric patients, including stunted growth, malnutrition, delayed puberty, and depression. ``(5) Treatment options for both adult and pediatric patients. ``(6) The importance of identifying aggressive disease in children at an early stage in order to implement the most effective treatment protocol. ``(7) Complications of inflammatory bowel disease and related secondary conditions, including colorectal cancer. ``(8) Federal and private information resources for patients and physicians. ``(9) Incidence and prevalence data on pediatric and adult inflammatory bowel disease. ``(c) Report to Congress.--Not later than September 30, 2010, the Secretary shall report to the Committee on Energy and Commerce of the House of Representatives, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate regarding the status of activities under this section. ``(d) Eligible Entity.--To carry out this section, the term `eligible entity' means a nonprofit patient or professional organization with experience in serving adults and children with inflammatory bowel disease. ``(e) Authorization of Appropriations.--For the purpose of carrying out this section, there is authorized to be appropriated $2,000,000 for each of fiscal years 2010 through 2014.''. SEC. 4. SENSE OF CONGRESS ON EXPANSION OF BIOMEDICAL RESEARCH ON INFLAMMATORY BOWEL DISEASE. It is the sense of the Congress that-- (1) the Secretary, acting through the Director of the National Institutes of Health and the Director of the National Institute of Diabetes and Digestive and Kidney Diseases (in this section referred to as the ``Institute'') should aggressively support basic, translational, and clinical research designed to meet the research goals for inflammatory bowel disease (in this section referred to as ``IBD'') included in the National Institutes of Health National Commission on Digestive Diseases report entitled ``Opportunities and Challenges in Digestive Diseases Research: Recommendations of the National Commission on Digestive Diseases'', including by-- (A) establishing an objective basis for determining clinical diagnosis, detailed phenotype, and disease activity in IBD; (B) developing an individualized approach to IBD risk evaluation and management based on genetic susceptibility; (C) modulating the intestinal microflora to prevent or control IBD; (D) effectively modulating the mucosal immune system to prevent or ameliorate IBD; (E) sustaining the health of the mucosal surface; (F) promoting regeneration and repair of injury in IBD; (G) providing effective tools for clinical evaluation and intervention in IBD; and (H) ameliorating or preventing adverse effects of IBD on growth and development in children and adolescents; (2) the Institute should support the training of qualified health professionals in biomedical research focused on IBD, including pediatric investigators; and (3) the Institute should continue its strong collaboration with medical and patient organizations concerned with IBD and seek opportunities to promote research identified in the scientific agendas ``Challenges in Inflammatory Bowel Disease Research'' (Crohn's and Colitis Foundation of America) and ``Chronic Inflammatory Bowel Disease'' (North American Society for Pediatric Gastroenterology, Hepatology and Nutrition). SEC. 5. BIENNIAL REPORTS. Section 403(a)(5) of the Public Health Service Act (42 U.S.C. 283(a)(5)) is amended-- (1) by redesignating subparagraph (L) as subparagraph (M); and (2) by inserting after subparagraph (K) the following: ``(L) Inflammatory bowel disease.''. | Inflammatory Bowel Disease Research and Awareness Act - Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to: (1) conduct, support, and expand epidemiology research on inflammatory bowel disease (IBD) (i.e., Crohn's disease and ulcerative colitis) in pediatric and adult populations and establish a registry of pediatric IBD patients; (2) enter into cooperative agreements to develop and administer such epidemiology research and the pediatric IBD registry; and (3) award grants to increase awareness of IBD among the general public and health care providers. Requires the Director of the National Institutes of Health (NIH) to include information on IBD research in the biennial reports of NIH to Congress. Expresses the sense of Congress that the Directors of NIH and the National Institute of Diabetes and Digestive and Kidney Diseases should support specified research and training goals for inflammatory bowel disease. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Act of 2004''. SEC. 2. FINDINGS. The Congress finds the following: (1) Strong academic health centers are essential to a vigorous clinical research enterprise. (2) Breakthroughs in basic biomedical sciences over the past 5 decades have provided an unprecedented supply of information for improving human health and preventing disease. (3) Translating the information gained through these basic discoveries into knowledge that will impact clinical practice and ultimately human health requires strong clinical research institutions. (4) Without a sound infrastructure to accomplish this translation in a systematic and coherent way, the sum of data and information produced by the basic science enterprise will not result in tangible public benefit. (5) The clinical research environment is increasingly encumbered by facility decay, incompatible databases, shortage of qualified investigators, rising costs, inadequate funding, and mounting unreimbursed regulatory burdens such as human subject research protections and additional record-keeping requirements under the Health Insurance Portability and Accountability Act of 1996. SEC. 3. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the National Institutes of Health. (2) Eligible academic health center.--The term ``eligible academic health center'' means-- (A) an academic institution that receives an annual average of not less than $20,000,000 in grant funds from the Department of Defense, the Department of Veterans Affairs, and the Department of Health and Human Services for basic, applied, or clinical biomedical or behavioral research in the fields of dentistry, medicine, and nursing; or (B) a consortium of such academic institutions. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 4. CLINICAL RESEARCH SUPPORT GRANTS. (a) Authorization.--For the purposes described in subsection (b), the Director shall award a clinical research support grant in the amount determined under subsection (c) to each eligible academic health center that submits an application in accordance with this section. (b) Purpose.--A funding agreement for a grant under this section is that the eligible academic health center involved will use the grant only for the following purposes: (1) To defray the costs of unfunded Federal requirements for the protection of human research subjects, including the costs of complying with the Health Insurance Portability and Accountability Act of 1996 (Pub. Law 104-191) and maintaining institutional review boards. (2) To support activities leading to innovative ways to meet the requirements described in paragraph (1) in an efficient and cost effective manner. (c) Allocation.--Of the amount appropriated to carry out this section for a fiscal year, the Director shall allocate such appropriated amount among the eligible academic health centers receiving a grant under this section in an amount that bears the same relation to such appropriated amount as the investment in clinical research of the grantee involved bears to the total investment in clinical research of all grantees under this section. (d) Applications.--To be eligible for a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (e) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $40,000,000 for each of the fiscal years 2005 through 2009. SEC. 5. CLINICAL RESEARCH INFRASTRUCTURE GRANTS. (a) Authorization.--The Director may award clinical research infrastructure grants on a competitive basis to eligible academic health centers. (b) Use of Funds.--The Director may not award a grant to an eligible academic health center under this section unless the center agrees to use the grant only for the following: (1) Infrastructure that is necessary to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention. (2) The initial testing of human subjects. (3) Addressing the many obstacles impeding the expeditious application of new science, such as-- (A) a lack of up-to-date information technology systems; (B) incompatible databases; (C) the need for training and mentoring required for increasing the supply of qualified clinical investigators; and (D) a shortage of willing participants. (c) Applications.--To be eligible for a grant under this section, an eligible academic health center shall submit an application to the Director in such manner, at such time, and containing such information and assurances as the Director may require. (d) Authorization of Appropriations.--To carry out this section, there is authorized to be appropriated $125,000,000 for each of fiscal years 2005 through 2009. SEC. 6. DEMONSTRATION PROGRAM ON PARTNERSHIPS IN CLINICAL RESEARCH. (a) Grants.--The Secretary may award grants to not more than 5 eligible academic health centers to form partnerships between the center involved and health care providers for carrying out clinical human subject research for the purpose of demonstrating how academic research centers may collaborate with the practicing health care community in such research. (b) Maximum Amount.--The Secretary may not award a grant to any eligible academic health center under this section in an amount that is greater than $5,000,000. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for the period of fiscal years 2005 through 2009. | Clinical Research Act of 2004 - Requires the Director of the National Institutes of Health to award clinical research support grants to eligible academic health centers to: (1) defray the costs of unfunded Federal requirements for the protection of human research costs; and (2) support activities leading to innovative ways to meets such requirements in an efficient and cost-effective manner. Requires that health centers receive a proportionate share of the total grant money awarded based on the amount invested by the grantee in clinical research compared to the total clinical research investment of all grantees. Allows the Director to award clinical research infrastructure grants to eligible academic health centers for: (1) necessary infrastructure to facilitate the transfer of new understandings of disease mechanisms gained in the laboratory into the development of new methodologies for diagnosis, therapy, and prevention; (2) the initial testing of human subjects; and (3) addressing obstacles impeding the expeditious application of new science, including a lack of up-to-date information technology systems and a shortage of willing participants. Allows the Secretary of Health and Human Services to make up to five grants to eligible academic health centers to form partnerships between the centers involved and health care providers for carrying out clinical human subject research to demonstrate how academic research centers may collaborate with the practicing health care community in such research. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Microbicide Development Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) Sexually transmitted diseases (``STDs'') and the human immunodeficiency virus (``HIV'') are producing serious and costly epidemics of infectious disease in populations worldwide. (2) This year, 15,400,000 people in the United States will acquire a new STD. (3) Globally, 36,100,000 people are infected with HIV, with more than 15,000 new infections occurring daily. (4) Racial and ethnic minorities have been disproportionately infected with STDs, especially HIV. For example, although together African American and Latina women represent roughly 25 percent of the total U.S. female population, they account for 77 percent of all reported female HIV cases. (5) STDs cause serious, costly, even deadly conditions for women and their children: infertility, pregnancy complications, cervical cancer, infant mortality, and higher risk of contracting HIV. (6) Estimated annual costs of STDs and their complications in the United States range from $8,400,000,000 in direct medical costs to nearly $20,000,000,000, including out-of- pocket costs and lost productivity. (7) Microbicides are a promising new technology for STD and HIV prevention. (8) Microbicides are user-controlled products that could kill or inactivate the bacteria and viruses that cause STDs and HIV. (9) Microbicides would fill a critical gap in the array of STD-prevention technologies, first as an important backup or alternative to the condom, and second, as a technology that, unlike most vaccines, could offer protection against various STDs, not just HIV. (10) Several potential microbicides are poised for successful development; more than 20 products are in clinical trials and nearly 35 promising compounds exist that could be investigated further. (11) Studies into the market potential for microbicides indicate that they would have broad appeal. One nationally representative survey indicated that at least 21,000,000 sexually active women in the United States would be interested in such products, if they were available. (12) Federal support for microbicide research and development is crucial. (13) At present, there appear to be insufficient perceived economic incentives for pharmaceutical companies to become actively engaged in microbicide research and development. (14) Numerous small biotechnology companies and university researchers are actively engaged in microbicide research, but they are almost totally dependent on public-sector grants to continue their work and test their products. (15) Despite public health need and tremendous scientific opportunity, microbicide research and development currently receives less than 1 percent of the Federal HIV research budget--not nearly enough to keep pace with the raging STD and HIV epidemics. (16) Existing public sector grants for microbicides are too small and too short-term to move product leads forward, and the availability of clinical trial sites is limited by funding constraints. (17) There is a backlog in the research and development pipeline, so that innovative and promising product concepts are languishing, while infection rates are growing. (18) For significant progress to be made, the current amount of Federal investment needs to increase to $75,000,000 in fiscal year 2002, to $100,000,000 in fiscal year 2003, with $100,000,000 yearly in the successive out-years as required, in order to sustain multiyear funding at a productive level. TITLE I--MICROBICIDE RESEARCH AT THE NATIONAL INSTITUTES OF HEALTH SEC. 101. NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES; PROGRAM REGARDING MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV AND OTHER SEXUALLY TRANSMITTED DISEASES. Subpart 6 of part C of title IV of the Public Health Service Act (42 U.S.C. 285f et seq.) is amended by adding at the end the following section: ``microbicides for preventing transmission of hiv and other sexually transmitted diseases ``Sec. 447C. (a) Expansion and Coordination of Activities.--The Director of the Institute shall expand, intensify, and coordinate the activities of the Institute with respect to research on the development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases (in this section referred to as `microbicide research'). ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities under subsection (a) among all appropriate institutes and components of the National Institutes of Health to the extent such institutes and components have responsibilities that are related to the development of microbicides. ``(c) Research Plan.-- ``(1) In general.--The Director of the Institute, acting in consultation with the Director of the Office of AIDS Research, shall develop a comprehensive research plan for the conduct and support of research and development of microbicides (in this section referred to as the `Research Plan'), and shall annually review and as appropriate revise the plan. ``(2) Requirements.--The Research Plan shall-- ``(A) identify current microbicide research and development activities conducted or supported by the National Institutes of Health, including a description of each current grant and contract mechanism explicitly designed to facilitate microbicide research, including support for preclinical product development and clinical trial capacity; and ``(B) describe microbicide research and development opportunities for the five year period beginning six months after the date of the enactment of the Microbicide Development Act of 2001, including professional judgment funding projections, description of objectives with respect to microbicide research, description of the institutes involved and their role in microbicide research, plans for enhancing the capacity of such institutes to carry out the research opportunities, including staffing and resources necessary for carrying out the activities of this section, and discussion of plans for increasing number of investigators in this area of research. ``(3) Consultation.--In developing the Research Plan, the Director of the Institute shall work in close consultation with all appropriate institutes and components at the National Institutes for Health that have responsibilities that are related to the development of microbicides, with the microbicide research community, and with health advocates. ``(4) Submission of initial plan to president and congress.-- ``(A) In general.--The initial Research Plan shall be developed not later than six months after the date of the enactment of the Microbicide Development Act of 2001. The Director of the Institute shall transmit such Plan to the Director of NIH, who shall submit the Plan to the President and the Congress. ``(B) Relation to requirement of biennial nih report.--Subparagraph (A) shall be carried out independently of the process of reporting that is required in section 403. ``(d) Program for Microbicide Development.-- ``(1) In general.--In carrying out subsection (a), the Director of the Institute shall establish a program to support research to develop microbicides that can substantially reduce transmission of HIV and other sexually transmitted diseases. Activities under such program shall provide for an expansion and intensification of the conduct and support of-- ``(A) basic research on the initial mechanisms of infection by sexually transmitted pathogens; ``(B) development of appropriate animal models for evaluating safety and efficacy of microbicides; ``(C) development of formulation and delivery approaches; ``(D) research on targeted designs of microbicides; ``(E) manufacture of candidate products for testing in animals and humans; ``(F) conduct of HIV incidence and microbicide feasibility studies; ``(G) evaluation of microbicides in clinical trials, both domestically and internationally; and ``(H) behavioral research on use, acceptability, and adherence to microbicides. ``(2) Research branch.--The Director of the Institute shall establish, within the Vaccine and Prevention Research Program of the Division of AIDS in the Institute, an organizational unit to be known as the Microbicide Research Branch. Such Branch shall carry out the program under this subsection. ``(e) Construction of Facilities.--The Director of the Institute may make awards of grants and contracts to public and nonprofit private entities for the construction of facilities to conduct microbicide research, including clinical trials. ``(f) Centers for Microbicide Research and Development.-- ``(1) In general.--The Director of the Institute, after consultation with the advisory council for the Institute, and in consultation with the Director of the Office of AIDS Research, shall make awards of grants or contracts to public and nonprofit private entities for the development and operation of not less than four multidisciplinary research centers to conduct microbicide research. ``(2) Requirements.--Each center assisted under this subsection shall-- ``(A) use the facilities of a single institution, or be formed from a consortium of cooperating institutions, meeting such requirements as may be prescribed by the Director of the Institute; and ``(B) conduct basic research on muscosal transmission to design novel microbicide strategies for the prevention of HIV and STD infection, including research into HIV and STD pathogenesis, reproductive tract biology and toxicology, concept testing in animal models, and formulation and delivery design. ``(g) Report to Congress.--Not later than one year after the date of the initial submission of the Research Plan under subsection (c)(1), and annually thereafter, the Director of the Institute shall submit to the Committee on Energy and Commerce in the House of Representatives and the Committee on Health, Education, Labor and Pensions in the Senate a report that describes the activities of the Institute regarding microbicide research. Each such report shall include-- ``(1) an updated Research Plan, including professional judgment funding projections; ``(2) an assessment of the implementation of such plan; ``(3) a description and evaluation of the progress made, during the period for which such report is prepared, in the research on microbicides; ``(4) a summary and analysis of expenditures made, during the period for which the report is made, for activities with respect to microbicides research conducted and supported by the National Institutes of Health, including the number of full- time equivalent employees; and ``(5) such comments and recommendations as the Director of the Institute considers appropriate. ``(h) Coordination With Other Federal Agencies.--The Director of the Institute shall consult with the Director for the Centers for Disease Control and Prevention and the United States Agency for International Development in developing the Research Plan that takes into consideration research on HIV and other sexually transmitted diseases and microbicides carried out at the Centers for Disease Control and Prevention and the United States Agency for International Development. ``(i) Definition.--For purposes of this section, the term `HIV' means the human immunodeficiency virus. Such term includes acquired immune deficiency syndrome. ``(j) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2004.''. TITLE II--MICROBICIDE RESEARCH AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION SEC. 201. MICROBICIDES FOR PREVENTING TRANSMISSION OF HIV AND OTHER SEXUALLY TRANSMITTED DISEASES. 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 section: ``microbicides for preventing transmission of hiv and other sexually transmitted diseases ``Sec. 317Q. (a) Expansion and Coordination of Microbicide Research Activities.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall expand, intensify, and coordinate the activities of such Centers with respect to research on microbicides to prevent the transmission of HIV and other sexually transmitted diseases. ``(b) Grants Regarding Microbicide Research.--In order to contribute to the rapid evaluation of safe and effective microbicides for the prevention of HIV and other sexually transmitted diseases, the Secretary may in carrying out subsection (a) make grants to public and nonprofit private entities for the purpose of-- ``(1) laboratory research in preparation for, and support of, clinical microbicide trials; ``(2) conducting behavioral research in preparation for, and support of, clinical microbicide trials; ``(3) developing and characterizing domestic populations and international cohorts appropriate for Phase I, II, and III clinical trials of candidate topical microbicides; ``(4) conducting Phase I and II clinical trials to assess the safety and acceptability of candidate microbicides; ``(5) conducting Phase III clinical trials to assess the efficacy of candidate microbicides; ``(6) provide technical assistance to, and consultation with, a wide variety of domestic and international entities involved in developing and evaluating topical microbicides, including health agencies, extramural researchers, industry, health advocates, and non-profit organizations; and ``(7) developing and evaluating the diffusion and effects of implementation strategies for use of effective topical microbicides. ``(c) Selection of Agents and Trial Designs; Coordination With Other Agencies.--In coordination and collaboration with the Director of the National Institutes of Health and the Administrator of the United States Agency for International Development, the Secretary shall select agents and trial designs, develop clinical trial capacity as described in subsection (b), share experience, and avoid duplication of effort. ``(d) Annual Reports.--Not later than six months after the date of the enactment of the Microbicide Development Act of 2001, and annually thereafter, the Secretary shall submit to the Energy and Commerce Committee in the House of Representatives and the Health, Education, Labor and Pensions Committee in the Senate a report on the activities carried out under this section by the Secretary. Each such report shall include-- ``(1) description of research with respect to microbicide research and development; ``(2) description and evaluation of the progress made, during the period for which such report is prepared, in the research on microbicides; and ``(3) summary and analysis of expenditures made, during the period for which the report is made, for activities with respect to microbicides conducted and supported by the Centers for Disease Control and Prevention. ``(e) Definition.--For the purposes of this section, the term `HIV' means the human immunodeficiency virus. Such term includes acquired immune deficiency syndrome. ``(f) Authorization of Appropriations.--For the purposes of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2002 through 2004.''. | Microbicide Development Act of 2001 - Amends the Public Health Service Act to direct the Director of the National Institute of Allergy and Infectious Diseases to expand, intensify, and coordinate the activities of the Institute with respect to research on the development of microbicides to prevent the transmission of HIV and other sexually transmitted diseases.Directs the Secretary of Health and Human Services to expand, intensify, and coordinate the activities of such Centers with respect to research on microbicides to prevent the transmission of HIV and other sexually transmitted diseases. |
SECTION 1. SHORT TITLE. This Act may be cited as ``Post-Conflict Trade Recovery Act''. SEC. 2. FINDINGS. Congress finds that-- (1) it is in the mutual interest of the United States and countries emerging from political instability, civil strife, or armed conflict, to promote stable and sustainable growth and development of such countries; (2) democratization and economic progress in countries emerging from political instability, civil strife, or armed conflict are important elements of a policy to address terrorism and endemic instability; (3) preferential trade and market access arrangements are not a substitute for, but a complement to, necessary political and economic reforms that lead to political liberalization and economic freedom; (4) countries in the developing world, and in particular countries emerging from political instability, civil strife, or armed conflict, experience deepening poverty, slow job creation, and a declining share of world trade and investment, while at the same time tend to have population growth rates among the highest in the world; (5) such economic conditions are in part the result of barriers to trade and investment, a failure to engage fully in the global trading system, lack of participation in the World Trade Organization, and, often, a lack of economic diversification and over-reliance on the energy sector; (6) offering enhanced trade preferences to countries emerging from political instability, civil strife, or armed conflict will encourage higher levels of trade and direct investment and help bring such countries more fully into the global trading system; (7) higher levels of trade and investment and greater involvement in the global trading system can lead to increased economic development, which can in turn lead to more jobs for people in countries emerging from political instability, civil strife, or armed conflict; and (8) encouraging the reduction of trade and investment barriers will enhance the benefits of trade and investment for all participating countries, as well as enhance commercial and political ties between the United States and such participating countries. SEC. 3. STATEMENT OF POLICY. Congress supports-- (1) encouraging increased trade and investment between the United States and countries emerging from political instability, civil strife, or armed conflict; (2) reducing tariff and nontariff barriers and other obstacles to trade between the United States and countries emerging from political instability, civil strife, or armed conflict; (3) strengthening and expanding the private sector and accelerating the rate of job creation in countries emerging from political instability, civil strife, or armed conflict; (4) promoting the rule of law, economic reform, political liberalization, respect for human rights, and the eradication of poverty in such countries; (5) facilitating the development of civil societies and political freedom in such countries; (6) promoting sustainable development, and protecting and preserving the environment in a manner consistent with economic development; and (7) encouraging such countries to diversify their economies, implement domestic economic reforms, open to trade, and adopt anticorruption measures, including through accession to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. SEC. 4. DESIGNATION OF ELIGIBLE COUNTRIES. (a) In General.--The President is authorized to designate any country emerging from political instability, civil strife, or armed conflict as a beneficiary country if the President determines that the country-- (1) has established, or is making continual progress toward establishing-- (A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets; (B) the rule of law and the right to due process, a fair trial, and equal protection under the law; (C) political pluralism, a climate free of political intimidation and restrictions on peaceful political activity, and democratic elections that meet international standards of fairness, transparency, and participation; (D) the elimination of barriers to United States trade and investment, including by-- (i) providing national treatment and measures to create an environment conducive to domestic and foreign investment; (ii) protecting intellectual property; and (iii) resolving bilateral trade and investment disputes; (E) economic policies that reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; (F) a system to combat corruption and bribery, such as signing and implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; (G) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work; and (H) policies that provide a high level of environmental protection; (2) does not engage in activities that undermine United States national security or foreign policy interests; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights, including freedom of speech and press, freedom of peaceful assembly and association, and freedom of religion; (4) is not listed by the United States Department of State as a state sponsor of terrorism and cooperates fully in international efforts to combat terrorism; and (5) otherwise meets the eligibility criteria set forth in section 502(b)(2) of the Trade Act of 1974 (19 U.S.C. 2462(b)(2)), other than section 502(b)(2)(B). (b) Rule of Construction.--If a country fails to satisfy one or more of the requirements contained in subparagraphs (A) through (H) of subsection (a)(1), but otherwise meets the requirements of subsection (a), the President may designate the country as a beneficiary country under this Act if the President determines that such designation will be in the national economic or security interest of the United States and transmits to Congress a report that contains the determination and the reasons therefor. (c) Continuing Compliance.--If the President determines that a designated beneficiary country no longer meets the requirements described in subsection (a), the President shall terminate the designation of the country made pursuant to subsection (a) and transmit to Congress a report that contains the determination and the reasons therefor. SEC. 5. DESIGNATION OF ELIGIBLE ARTICLES. (a) Eligible Articles.--Except as provided in sections 503(b)(2) and (3) of the Trade Act of 1974 (19 U.S.C. 2463(b)(2) and (3)), the President is authorized to designate articles as eligible for duty-free treatment from all beneficiary countries for purposes of this section by Executive order or Presidential proclamation after receiving the advice of the International Trade Commission in accordance with subsection (c). (b) Rules of Origin.-- (1) General rule.--The duty-free treatment provided under this section shall apply to any eligible article which is the growth, product, or manufacture of 1 or more beneficiary countries if-- (A) that article is imported directly from a beneficiary country into the customs territory of the United States; and (B) the sum of-- (i) the cost or value of the materials produced in 1 or more beneficiary countries, plus (ii) the direct cost of processing operations performed in such beneficiary country or countries, is not less than 35 percent of the appraised value of such article at the time it is entered. (2) Exclusions.--An article shall not be treated as the growth, product, or manufacture of a beneficiary country by virtue of having merely undergone-- (A) simple combining or packaging operations; or (B) mere dilution with water or mere dilution with another substance that does not materially alter the characteristics of the article. (3) Regulations.--The Secretary of the Treasury, after consulting with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this subsection, including, but not limited to, regulations providing that, in order to be eligible for duty-free treatment under this Act, an article-- (A) must be wholly the growth, product, or manufacture of 1 or more beneficiary countries; or (B) must be a new or different article of commerce which has been grown, produced, or manufactured in 1 or more beneficiary countries. (c) International Trade Commission Advice.--Before designating an article as an eligible article under subsection (a), the President shall publish in the Federal Register and furnish the International Trade Commission with a list of articles that may be considered for designation as eligible articles for purposes of this Act. The President shall comply with the provisions of sections 131, 132, 133, and 134 of the Trade Act of 1974 as if an action under this section were an action taken under section 123 of the Trade Act of 1974 to carry out a trade agreement entered into under section 123. SEC. 6. TERMINATION OF PREFERENTIAL TREATMENT. No duty-free treatment or other preferential treatment extended to beneficiary countries under this Act shall remain in effect after December 31, 2011. | Post-Conflict Trade Recovery Act - Authorizes the President to designate any country emerging from political instability, civil strife, or armed conflict as a beneficiary country if the country: (1) has established, or is making continual progress toward establishing, a market-based economy, the rule of law and the right to due process, political pluralism, and other specified economic and political goals; (2) does not engage in activities that undermine U.S. national security or foreign policy interests; (3) is a signatory of the United Nations Declaration of Human Rights, does not engage in gross violations of internationally recognized human rights, and is making continuing and verifiable progress on the protection of internationally recognized human rights; (4) is not listed by the U.S. Department of State as a state sponsor of terrorism, and cooperates fully in international efforts to combat terrorism; and (5) otherwise meets specified eligibility criteria of the Trade Act of 1974. Provides that if a country fails to meet the requirements of clause (1), but otherwise meets the rest of the requirements, the President may designate the country as a beneficiary country if determined that such designation will be in the national economic or security interest of the United States and reports the determination to Congress and the reason therefor. Authorizes the President to designate articles as eligible for duty-free treatment from all beneficiary countries for purposes of this Act by Executive order or presidential proclamation after receiving the advice of the International Trade Commission. Prescribes the rule of origin for eligible articles imported directly from beneficiary countries. Terminates on December 31, 2011, the duty-free treatment or other preferential treatment extended to beneficiary countries under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``President John F. Kennedy Assassination Records Collection Extension Act of 1994''. SEC. 2. EXTENSION OF ACT. Section 7(o)(1) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended-- (1) by striking ``2 years after the date of enactment of this Act'' and inserting ``September 30, 1996''; and (2) by striking ``2-year''. SEC. 3. AMENDMENTS RELATING TO REVIEW BOARD POWERS. Section 7(j)(1) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended-- (1) in subparagraph (E) by striking ``and'' after the semicolon; (2) in subparagraph (F) by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(G) use the Federal Supply Service in the same manner and under the same conditions as other departments and agencies of the United States; and ``(H) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.''. SEC. 4. AMENDMENTS RELATING TO REVIEW BOARD PERSONNEL. (a) Security Clearance for Review Board Personnel.--Section 8 of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended by adding at the end the following: ``(e) Security Clearance Required.--An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.''. (b) Appointment and Termination of Staff, Generally.--Section 8(b) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended by striking ``(b) Staff.--'' and all that follows through the end of paragraph (1) and inserting the following: ``(b) Staff.--(1) The Review Board, without regard to the civil service laws, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform the duties of the Review Board.''. (c) Review Board Administrative Staff.--Section 8(b)(2) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended-- (1) by striking ``A person'' and inserting ``(A) Except as provided in subparagraph (B), a person''; and (2) by adding at the end the following: ``(B) An individual who is an employee of the Government may be appointed to the staff of the Review Board if in that position the individual will perform only administrative functions.''. (d) Conditional Employment of Staff.--Section 8(b)(3)(B) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended to read as follows: ``(B)(i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security clearance background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted assassination record materials. ``(ii) If a person hired on a conditional basis under clause (i) is denied or otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment.''. (e) Compensation of Staff.--Section 8(c) of the President John F. Kennedy Assassination Records Collection Act of 1992 (21 U.S.C. 2107 note) is amended to read as follows: ``(c) Compensation.--Subject to such rules as may be adopted by the Review Board, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and 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, may-- ``(1) appoint an Executive Director, who shall be paid at a rate not to exceed the rate of basic pay for level V of the Executive Schedule; and ``(2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act.''. SEC. 5. TECHNICAL CORRECTION. Section 6(1) of the President John F. Kennedy Assassination Records Collection Act of 1992 (44 U.S.C. 2107 note) is amended in the matter preceding subparagraph (A) by inserting ``record'' after ``the assassination''. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | President John F. Kennedy Assassination Records Collection Extension Act of 1994 - Extends the President John F. Kennedy Assassination Records Collection Act of 1992. Revises Review Board powers and personnel requirements. Requires security clearances for Review Board employees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Unlawful Internet Gambling Enforcement Clarification and Implementation Act of 2008''. SEC. 2. CONGRESSIONAL FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Prior to the passage of the Unlawful Internet Gambling Enforcement Act of 2006 (hereafter in this section referred to as the ``UIGEA''), Public Law 109-347, on October 13, 2006, Federal law was both vague and outdated regarding Internet gambling activities, as Federal criminal gambling statutes were passed decades before the commercial use of the Internet. (2) To date, all Federal Internet gambling prosecutions have involved sports betting, creating a lack of authoritative court decisions on the applicability of other federal criminal statutes to Internet poker and casino-style gambling. (3) Sports betting, which is illegal in 49 of the 50 States, is viewed as particularly harmful because its potential adverse impact on the integrity of professional and amateur sports, and is the one form of gambling where there is settled Federal case law clarifying it as illegal on the Internet. (4) Many European Internet gambling companies offering services not including sports betting to persons in the United States were fully listed on the London Stock Exchange, and thereby subject to high standards of transparency and scrutiny, but upon receiving clarification of United States law regarding Internet gaming through the enactment of the UIGEA, these companies closed their sites to persons in the United States. (5) Continued legal jeopardy for companies that made a good faith effort to comply voluntarily with clarified United States law following the passage of the UIGEA punishes behavior that the law intended to foster and inadvertently rewards continued noncompliance by other foreign entities. (6) In light of the foregoing and in deference to long- standing constitutional requirements of fair notice and transparency in the criminal law, the Congress finds it necessary to clarify that criminal statutes applicable to gambling do not apply to any person who offered Internet gambling services that did not include sports betting prior to October 13, 2006, and who ceased offering Internet gambling services to persons in the United States upon passage of the UIGEA. (7) To effect the purposes and intent of the UIGEA, it is the sense of the Congress that the Attorney General should focus any prosecutorial efforts on those persons who-- (A) offer Internet sports betting in the United States; or (B) process payments for illegal Internet sports betting in the United States. SEC. 3. UIGEA CLARIFICATION AND IMPLEMENTATION. (a) In General.--Subchapter IV of chapter 53 of title 31, United States Code, is amended by adding at the end the following new section: ``Sec. 5368. Voluntary compliance ``(a) In General.--Notwithstanding any other provision of law-- ``(1) except as provided in paragraphs (2) and (3), no person shall be subject to criminal liability arising out of-- ``(A) the offering, receipt or facilitation of bets or wagers by means of the Internet; ``(B) financial transactions in connection with or involving the consideration for, or proceeds of, bets or wagers by means of the Internet; ``(C) the administration, advising, audit, direction, operation, lending, management, marketing or supplying of a business or services involving activities or transactions referred to in subparagraph (A) or (B); or ``(D) the banking, brokerage, custody, issuance, placement, promotion, sale or transfer of shares or proceeds from a business involving activities or transactions referred to in subparagraph (A), (B), or (C); ``(2) paragraph (1) shall not apply to any person who knowingly-- ``(A) offered illegal bets or wagers to, or received bets or wagers from, any person within the United States by means of the Internet after October 13, 2006; ``(B) in violation of section 1084 of title 18, United States Code, used the Internet for the transmission in interstate or foreign commerce of bets or wagers on any sporting event or sporting contest, or information assisting in the placing of bets or wagers on any sporting event or contest, by any person within the United States; or ``(C) processed or facilitated financial transactions in connection with or involving the consideration for, or proceeds of, involving activities or transactions referred to in subparagraph (A) or (B); and ``(3) paragraph (1) shall not apply to conduct that violated sections 1956 or 1957 of title 18, United States Code, by a financial or monetary transaction, or the transfer or transportation of funds, with the intent to promote unlawful activity other than the offering, receipt, or facilitation of bets or wagers by means of the Internet, or to conceal or disguise the nature, location, source, ownership, or control of the proceeds of unlawful activity other than the offering, receipt, or facilitation of bets or wagers by means of the Internet. ``(b) Criminal Liability Defined.--For purposes of subsection (a), the term `criminal liability' includes actions against real or personal property that arise from or depend upon the allegedly criminal nature of the bet or wager or of the transmission or receipt of funds in connection with that bet or wager.''. (b) Clerical Amendment.--The table of sections for subchapter IV of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5367 the following new item: ``5368. Voluntary compliance.''. SEC. 4. RULE OF CONSTRUCTION. No provision of this Act, or any amendment made by this Act, shall be construed as clarifying or implying that Internet bets or wagers, other than sports bets or wagers, which were accepted subsequent to October 13, 2006, are in violation of Federal law. | Unlawful Internet Gambling Enforcement Clarification and Implementation Act of 2008 - Expresses the sense of Congress that the Attorney General should focus prosecutorial efforts on persons who: (1) offer Internet sports betting in the United States; or (2) process payments for illegal Internet sports betting in the United States. Amends federal law governing prohibited funding of unlawful Internet gambling to declare that no person shall be subject to criminal liability arising out of certain bets or wagers by means of the Internet. Defines criminal liability to include actions against real or personal property that arise from or depend upon the allegedly criminal nature of the bet or wager or of the transmission or receipt of funds in connection with that bet or wager. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Habeas Corpus Reform Act of 1994''. SEC. 2. SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES. (a) In General.--Part IV of title 28, United States Code, is amended by inserting immediately following chapter 153 the following new title: ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES ``Sec. ``2256. Application of chapter to prisoners in State custody subject to capital sentence and appointment of counsel. ``2257. Mandatory stays of execution and successive petitions. ``2258. Filing of habeas corpus petition. ``2259. Certificate of probable cause inapplicable. ``2260. Counsel in capital cases. ``Sec. 2256. Application of chapter to prisoners in State custody subject to capital sentence and appointment of counsel ``(a) Applicability of Chapter to Cases.--This chapter shall apply to cases arising under section 2254 of this title brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if subsection (b) is satisfied. ``(b) Applicability of Chapter to States.--This chapter is applicable if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel consistent with section 2260 of this title. ``(c) Rule for Previous Counsel.--No counsel appointed pursuant to subsection (b) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation. ``(d) Ineffectiveness of Counsel.--The ineffectiveness or incompetence of counsel appointed under this chapter during State or Federal collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under this chapter or section 2254 of this title. This limitation shall not preclude the appointment of different counsel at any phase of State or Federal post-conviction proceedings. ``Sec. 2257. Mandatory stays of execution and successive petitions ``(a) In General.--Upon the entry in the appropriate State court of record of an order pursuant to section 2260 of this title, a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to section 2254 of this title. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay. ``(b) Duration of Stay.--A stay of execution granted pursuant to subsection (a) shall expire if-- ``(1) a State prisoner fails to file a habeas corpus petition under section 2254 of this title within the time required in section 2258 of this title; ``(2) upon completion of district court and court of appeals review under section 2254 of this title the petition for relief is denied and-- ``(A) the time for filing a petition for certiorari has expired and no petition has been filed; ``(B) a timely petition for certiorari was filed and the Supreme Court denied the petition; or ``(C) a timely petition for certiorari was filed and upon consideration of the case, the Supreme Court disposed of it in a manner that left the capital sentence undisturbed; or ``(3) a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254 of this title-- ``(A) before a court of competent jurisdiction; ``(B) in the presence of counsel; and ``(C) after having been advised of the consequences of his decision. ``(c) Successive Petitions.--If one of the conditions provided in subsection (b) is satisfied, no Federal court thereafter shall have the authority to enter a stay of execution or grant relief in a capital case unless-- ``(1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in State or Federal courts, and the failure to raise the claim is-- ``(A) the result of State action in violation of the Constitution or laws of the United States; ``(B) the result of the Supreme Court recognition of a new Federal right that is retroactively applicable; or ``(C) based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review; and ``(2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense or offenses for which the death penalty was imposed, or in the validity of the sentence of death. ``Sec. 2258. Filing of habeas corpus petition ``(a) Filing of Petitions.--Any petition for habeas corpus relief under section 2254 of this title must be filed in the appropriate district court not later than 180 days after the date of filing in the appropriate State court of record of an order issued appointing collateral counsel in compliance with section 2260 of this title. ``(b) Time Requirements.--The time requirements established by this section shall be tolled-- ``(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner seeks review of a capital sentence that has been affirmed on direct appeal by the court of last resort of the State or has otherwise become final for State law purposes; ``(2) during any period in which a State prisoner under capital sentence has a properly filed request for postconviction review pending before a State court of competent jurisdiction; if all State filing rules are met in a timely manner, this period shall run continuously from the date that the State prisoner initially files for post-conviction review until final disposition of the case by the State court of last resort; and ``(3) during an additional period not to exceed 90 days, if counsel for the State prisoner-- ``(A) moves for an extension of time in the United States district court that would have proper jurisdiction over the case upon the filing of a habeas corpus petition under section 2254 of this title; and ``(B) makes a showing of good cause for counsel's inability to file the habeas corpus petition within the 180-day period established by this section. The tolling rule established by this subsection shall not apply during the pendency of a petition for certiorari before the Supreme Court following such State post-conviction review. ``Sec. 2259. Certificate of probable cause inapplicable ``The requirement of a certificate of probable cause in order to appeal from the district court to the court of appeals does not apply to habeas corpus cases subject to this chapter except when a second or successive petition is filed. ``Sec. 2260. Counsel in capital cases ``(a) In General.--A mechanism for the provision of counsel services to indigents sufficient to invoke the provisions of this chapter shall-- ``(1) provide for counsel to-- ``(A) indigents charged with offenses for which capital punishment is sought; ``(B) indigents who have been sentenced to death and who seek appellate or collateral review in State court; and ``(C) indigents who have been sentenced to death and who seek certiorari review in the United States Supreme Court; and ``(2) provide for the entry and filing of an order in an appropriate State court of record appointing one or more counsel to represent the prisoner except upon a judicial determination (after a hearing, if necessary) that-- ``(A) the prisoner is not indigent; or ``(B) the prisoner knowingly and intelligently waives the appointment of counsel. ``(b) Standards for Counsel.-- ``(1) In general.--(A) Except as provided in paragraph (2), at least one attorney appointed pursuant to this chapter before trial, if applicable, and at least one attorney appointed pursuant to this chapter after trial, if applicable, shall have been certified by a statewide certification authority. The States may elect to create one or more certification authorities (but not more than three such certification authorities) to perform the responsibilities set forth in subparagraph (B). ``(B) The certification authority for counsel at any stage of a capital case shall be-- ``(i) a special committee, constituted by the State court of last resort or by State statute, relying on staff attorneys of a defender organization, members of the private bar, or both; ``(ii) a capital litigation resource center, relying on staff attorneys, members of the private bar, or both; or ``(iii) a statewide defender organization, relying on staff attorneys, members of the private bar, or both. ``(C) The certification authority shall-- ``(i) certify attorneys qualified to represent persons charged with capital offenses or sentenced to death; ``(ii) draft and annually publish procedures and standards by which attorneys are certified and rosters of certified attorneys; and ``(iii) periodically review the roster of certified attorneys, monitor the performance of all attorneys certified, and withdraw certification from any attorney who fails to meet high performance standards in a case to which the attorney is appointed, or fails otherwise to demonstrate continuing competence to represent prisoners in capital litigation. ``(2) Exception for states without state systems.--In a State that has a publicly-funded public defender system that is not organized on a statewide basis, the requirements of paragraph (1) shall be deemed to have been satisfied if at least one attorney appointed pursuant to this chapter before trial shall be employed by a State funded public defender organization, and if the highest court of the State finds on an annual basis that the standards and procedures established and maintained by such organization (which have been filed by such organization and reviewed by such court on an annual basis) insure that the attorneys working for such organization demonstrate continuing competence to represent indigents in capital litigation. ``(c) Noncomplying States.-- ``(1) Before trial.--If a State has not elected to comply with the provisions of subsection (b), in the case of an appointment made before trial, at least one attorney appointed under this chapter must have been admitted to practice in the court in which the prosecution is to be tried for not less than 5 years, and must have not less than 3 years' experience in the trial of felony prosecutions in that court. ``(2) After trial.--If a State has not elected to comply with the provisions of subsection (b), in the case of an appointment made after trial, at least one attorney appointed under this chapter must have been admitted to practice in the court of last resort of the State for not less than 5 years, and must have had not less than 3 years' experience in the handling of appeals in that State courts in felony cases. ``(d) Different Attorney.--Notwithstanding any other provision of this section, a court, for good cause, and upon the defendant's request, may appoint another attorney whose background, knowledge or experience would otherwise enable the attorney to properly represent the defendant, with due consideration of the seriousness of the possible penalty and the unique and complex nature of the litigation. ``(e) Payment for Additional Services.--Upon a finding in ex parte proceedings that investigative, expert or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or issues relating to sentence, the court shall authorize the defendant's attorney to obtain such services on behalf of the defendant and shall order the payment of reasonable fees and expenses therefor, under subsection (f). Upon finding that timely procurement of such services could not practically await prior authorization, the court may authorize the provision of any payment of services nunc pro tunc. ``(f) Attorney Compensation.--Notwithstanding the rates and maximum limits generally applicable to criminal cases and any other provision of law to the contrary, the court shall fix the compensation to be paid to an attorney appointed under this subsection (other than State employees) and the fees and expenses to be paid for investigative, expert, and other reasonably necessary services authorized under subsection (c), at such rates or amounts as the court determines to be reasonably necessary to carry out the requirements of this subsection.''. (b) Amendments to Table of Chapters.--The table of chapters for part IV of title 28, United States Code, is amended by inserting after the item for chapter 153 the following: ``154. Special habeas corpus procedures in capital cases.... 2256''. | Habeas Corpus Reform Act of 1994 - Amends the Federal judicial code to provide special habeas corpus procedures in cases brought by prisoners in State custody subject to a capital sentence if a State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable fees and litigation expenses of competent counsel for such persons who are indigents charged with offenses for which capital punishment is sought or indigents who have been sentenced to death and who seek appellate or collateral review in State court or certiorari review in the U.S. Supreme Court. Requires a warrant or order setting an execution date for a State prisoner, upon the entry in the appropriate State court of record of an order apointing counsel, to be stayed upon application to any court that would have jurisdiction over any proceedings filed pursuant to pertinent provisions of the judicial code. Specifies conditions under which a stay shall expire. Denies a Federal court the authority to enter a stay of execution or grant relief in a capital case if any of such conditions are satisfied, unless: (1) the basis for the stay and request for relief is a claim not previously presented by the prisoner in State or Federal courts and the failure to raise the claim is either the result of State action in violation of the Constitution or Federal law, the result of Supreme Court recognition of a new Federal right that is retroactively applicable, or based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the jury's determination of guilt of the offense for which the death penalty was imposed or in the validity of the sentence of death. Sets forth provisions regarding: (1) time requirements and the tolling rule for the filing of such habeas corpus petitions; (2) inapplicability of the requirement of a certificate of probable cause in order to appeal a habeas corpus case subject to this Act; and (3) counsel appointed in capital cases (including rules regarding previous counsel, ineffectiveness of counsel, certification standards or qualifications for counsel appointed pursuant to this Act, and attorney compensation). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans-Specific Education for Tomorrow's Medical Doctors Act'' or the ``VET MD Act''. SEC. 2. PILOT PROGRAM FOR CLINICAL OBSERVATION BY PRE-MED STUDENTS. (a) Establishment.--The Secretary of Veterans Affairs shall carry out a pilot program to provide undergraduate students a clinical observation experience at medical centers of the Department of Veterans Affairs. (b) Duration.--The Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning not later than August 15, 2019. (c) Goals.--The Secretary shall ensure that the pilot program under subsection (a) meets the following goals: (1) Increases the awareness, knowledge, and empathy of future medical professionals toward the medical conditions common to veterans. (2) Increases the diversity of the recruitment pool of future physicians of the Department. (3) Provides a diverse clinical observation experience commensurate with the standard expectations for medical school applications. (4) Expands clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in medicine. (d) Medical Center Selection.--The Secretary shall select not fewer than five medical centers of the Department to carry out the pilot program under subsection (a). In selecting such medical centers, the Secretary shall ensure regional diversity among such selected medical centers. (e) Clinical Observation Sessions.-- (1) Sessions.--The Secretary shall ensure that each medical center of the Department selected under subsection (d) provides clinical observation sessions as follows: (A) Each session shall allow for, to the extent practicable, not fewer than 20 students to participate in the session, which shall consist of not fewer than 60 observational hours. (B) Each center shall carry out three sessions per calendar year, from four to six months in duration with minimal overlap. (C) A majority of the observational hours shall be spent observing a practicing physician. The other observational hours shall be spent in a manner that ensures a robust, well rounded experience that exposes the students to a variety of aspects of medical care and health care administration. (2) Consideration of areas with staffing shortages.--In carrying out paragraph (1)(C), the Secretary may consider providing clinical observation sessions with physicians employed in occupations with large staffing shortages, such as occupations relating to women's health and psychiatric care and occupations identified under section 7412 of title 38, United States Code. (f) Students.-- (1) Selection.--The Secretary shall select to participate in the pilot program under subsection (a) undergraduate students who are-- (A) citizens of the United States; and (B) enrolled in an accredited science or medical program of study. (2) Priority.--In making such selection, the Secretary shall give priority to-- (A) students who, at the time of the completion of their secondary education, resided in a health professional shortage area (as defined in section 332 of the Public Health Service Act (42 U.S.C. 254e)); and (B) students who are the first in their immediate family to attend an undergraduate institution. (g) Other Matters.--The Secretary shall-- (1) establish a formal status to facilitate the access to medical centers of the Department by student observers participating in the pilot program; (2) establish standardized legal, privacy, and ethical requirements for the student observers, including with respect to-- (A) ensuring that no student observer provides any care to patients; and (B) ensuring the suitability of a student to participate in the pilot program to ensure that the student poses no risk to patients; (3) create a standardized application, assessment, selection and processing requirements, and procedures for student observers; (4) create an online information page and application portal on the Internet website of the Department; (5) identify participating medical centers and clinicians; (6) notify the Committees on Veterans' Affairs of the House of Representatives and the Senate of the medical centers selected under subsection (d) in a timely manner to facilitate program awareness; (7) publish the locations of such centers, and other information on the pilot program, not later than 180 days before the date on which applications are required to be submitted by potential student observers; and (8) establish procedures to follow up with each student observer to ascertain if the student was accepted into medical school. (h) Report.--Not later than 60 days before the completion of the pilot program under subsection (a), the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on the results of the pilot program, including-- (1) the number and demographics of all applicants, those accepted to participate in the pilot program, and those who completed the pilot program; and (2) the results of a reflection survey designed by the Secretary to assess the experience of the student observers. | Veterans-Specific Education for Tomorrow's Medical Doctors Act or the VET MD Act This bill directs the Department of Veterans Affairs (VA) to carry out a three-year pilot program at at least five VA medical centers to provide undergraduate students a clinical observation experience. The VA shall ensure that such program: increases the awareness, knowledge, and empathy of future medical professionals toward the medical conditions common to veterans; increases the diversity of the recruitment pool of future VA physicians; provides a diverse clinical observation experience commensurate with the standard expectations for medical school applications; and expands clinical observation opportunities for all students by encouraging students of all backgrounds to consider a career in medicine. The VA shall select undergraduate students who are U.S. citizens enrolled in an accredited science or medical program of study to participate in the program, with priority to students who resided in a health professional shortage area and who are the first in their immediate family to attend an undergraduate institution. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996''. TITLE I--EMERGENCY SUPPLEMENTAL APPROPRIATIONS The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 1996: CHAPTER 1 DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DEPARTMENT OF AGRICULTURE Farm Service Agency emergency conservation program For necessary expenses to carry into effect the program authorized in sections 401, 402, and 404 of title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201-2205) for expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Natural Resources Conservation Service watershed and flood prevention operations For an additional amount for ``Watershed and Flood Prevention Operations'' to repair damages to waterways and watersheds resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. If the Secretary of Agriculture determines that the cost of land and farm structures restoration exceeds the fair market value of an affected cropland, the Secretary may use sufficient amounts, not to exceed $25,000,000, from funds provided under this heading to accept bids from willing sellers to provide conservation easements for such cropland inundated by floods as provided for by the Wetlands Reserve Program, authorized by subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837). Rural Housing Service rural housing insurance fund program account For an additional amount for ``Rural Housing Insurance Fund Program Account'' for the additional cost of direct loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, to be available from funds in the rural housing insurance fund as follows: $25,000,000 for section 502 direct loans and $25,000,000 for section 504 housing repair loans, to remain available until expended. very low-income housing repair grants For an additional amount for ``Very Low-Income Housing Repair Grants'' to make housing repairs under section 504 of the Housing Act of 1949 required by damages resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Rural Utilities Service rural utilities assistance program For an additional amount for the ``Rural Utilities Assistance Program'' for the cost of direct loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, to assist in the recovery from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. Such funds may be made available for emergency community water assistance grants as authorized by section 306B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926b). Commodity Credit Corporation For an additional amount for the ``Commodity Credit Corporation'' to cover 1996 crop losses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. CHAPTER 2 DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED AGENCIES DEPARTMENT OF COMMERCE Economic Development Administration economic development assistance programs For an additional amount for ``Economic Development Assistance Programs'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. RELATED AGENCY Small Business Administration disaster loans program account For an additional amount for ``Disaster Loans Program Account'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $45,000,000 for the cost of direct loans and $5,000,000 for administrative expenses to carry out the disaster loan program, to remain available until expended. CHAPTER 3 ENERGY AND WATER DEVELOPMENT DEPARTMENT OF DEFENSE--CIVIL DEPARTMENT OF THE ARMY Corps of Engineers--Civil operation and maintenance, general For an additional amount for ``Operation and Maintenance, General'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $37,500,000, to remain available until expended. flood control and coastal emergencies For an additional amount for ``Flood Control and Coastal Emergencies'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $37,500,000, to remain available until expended. CHAPTER 4 DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Community Planning and Development community development grants For an additional amount for ``Community Development Grants'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $125,000,000, to remain available until expended. INDEPENDENT AGENCY Federal Emergency Management Agencies disaster relief For an additional amount for ``Disaster Relief'' for emergency expenses resulting from Hurricane Fran and other natural disasters of 1996, $25,000,000, to remain available until expended. TITLE II--GENERAL PROVISIONS SEC. 201. EMERGENCY DESIGNATION. The Congress hereby designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. Such amount shall be available only to the extent of a specific dollar amount for such program or activity that is included in an official budget request submitted by the President to the Congress and that is designated as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985. SEC. 202. WAIVER OF CERTAIN RESTRICTIONS. (a) In General.--In administering funds provided in title I, the head of the department or agency involved may waive (or specify an alternative requirement for) any provision of any statute or regulation that the department or agency administers in connection with the obligation by the department or agency (or the use by any recipient) of such funds, upon a finding that such waiver or alternative requirement is necessary to facilitate the obligation and use of such funds and will not be inconsistent with the overall purpose of the statute or regulation. (b) Exceptions.--Subsection (a) shall not apply to any requirement relating to civil rights, fair housing and nondiscrimination, the environment, or labor standards. | TABLE OF CONTENTS: Title I: Emergency Supplemental Appropriations Title II: General Provisions Emergency Disaster Assistance Supplemental Appropriations Act for Fiscal Year 1996 - Title I: Emergency Supplemental Appropriations - Makes emergency supplemental appropriations for FY 1996 to provide relief from the damages caused by Hurricane Fran and other natural disasters of 1996. Chapter 1: Department of Agriculture, Rural Development, Food and Drug Administration, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Agriculture, for the Farm Service Agency's emergency conservation program; (2) the Natural Resources Conservation Service, for watershed and flood prevention operations; (3) the Rural Housing Service, for Rural Housing Insurance Fund Program Account direct loans, and for very low-income housing repair grants; (4) the Rural Utilities Service, for the rural utilities assistance program; and (5) the Commodity Credit Corporation, for covering 1996 crop losses. Chapter 2: Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies - Makes such FY 1996 emergency supplemental appropriations to: (1) the Department of Commerce, for the Economic Development Administration's economic development assistance programs; and (2) the Small Business Administration, for the Disaster Loans Program Account. Chapter 3: Energy and Water Development - Makes such FY 1996 emergency appropriations to the Department of Defense-Civil, Department of the Army, Corps of Engineers-Civil, for: (1) general operation and maintenance; and (2) flood control and coastal emergencies. Chapter 4: Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies - Makes such FY 1996 emergency appropriations to: (1) the Department of Housing and Urban Development for community development grants; and (2) the Federal Emergency Management Agencies for disaster relief. Title II: General Provisions - Designates each amount provided for a program or activity in title I as an emergency requirement for all purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Makes such amount available only to the extent of a specific dollar amount for such program or activity that is: (1) included in an official budget request submitted by the President to the Congress; and (2) designated as an emergency requirement for all purposes of that Act. (Sec. 202) Authorizes Federal department or agency heads to waive certain restrictions in administering funds provided under title I. |
SECTION 1. REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS. (a) Definitions.--Section 134(b) of title 23, United States Code, is amended-- (1) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and (2) by inserting after paragraph (4) the following: ``(5) Regional transportation planning organization.--The term `regional transportation planning organization' means the policy board of an organization established or designated under section 135(k).''. (b) Additional Requirements.--Section 135(e) of such title is amended-- (1) in the matter preceding paragraph (1) by striking ``consider''; (2) by striking paragraph (1) and inserting the following: ``(1) with respect to nonmetropolitan areas, cooperate with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations;''; (3) in paragraph (2) by striking ``the concerns'' and inserting ``consider the concerns''; and (4) in paragraph (3)-- (A) by striking ``coordination of'' and inserting ``coordinate''; and (B) by striking ``the transportation improvement program'' and inserting ``transportation improvement programs''. (c) Long-Range Statewide Transportation Plan.--Section 135(f)(2) of such title is amended-- (1) by striking subparagraph (B) and inserting the following: ``(B) Nonmetropolitan areas.--With respect to nonmetropolitan areas, the statewide transportation plan shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.''; and (2) in subparagraph (D)(i), by striking ``and local agencies responsible for'' and inserting ``regional, and local agencies responsible for economic development, emergency management, transportation planning,''. (d) Statewide Transportation Improvement Program.--Section 135(g) of such title is amended-- (1) in paragraph (2), by striking subparagraph (B) and inserting the following: ``(B) Nonmetropolitan areas.--With respect to each nonmetropolitan area in the State, the program shall be developed in cooperation with affected nonmetropolitan local officials with responsibility for transportation through regional transportation planning organizations.''; and (2) in the first sentence of paragraph (5), by inserting ``through regional transportation planning organizations'' before the period at the end. (e) Funding.--Section 135(h) of such title is amended by striking ``section 104(f)'' and inserting ``sections 104(f) and 505''. (f) Designation of Regional Transportation Planning Organizations.--Section 135 of such title is amended by adding at the end the following: ``(k) Designation of Regional Transportation Planning Organizations.-- ``(1) In general.--To carry out the transportation planning process required under this section, States shall establish, designate, and use amounts made available to the State to carry out this section to fund regional transportation planning organizations to enhance the planning, coordination, and implementation of statewide transportation plans and programs, with an emphasis on addressing the needs of nonmetropolitan areas of the State. ``(2) Structure.--Each regional transportation planning organization shall be established as a multi-jurisdictional organization of nonmetropolitan local officials or their designees who volunteer for such organization and representatives of local transportation systems who volunteer for such organization. ``(3) Memorandum of understanding.--Each regional transportation planning organization shall be formed by a memorandum of understanding between the State and nonmetropolitan local officials or as otherwise provided under State law. ``(4) Function.--Each regional transportation planning organization shall work cooperatively to plan, coordinate, and implement transportation systems in nonmetropolitan areas. ``(5) Requirements.--Each regional transportation planning organization shall establish, at a minimum-- ``(A) a policy committee, the majority of which shall be comprised of nonmetropolitan local officials, or their designees, and which shall include, as appropriate, additional representatives from the State, private business, transportation service providers, economic development practitioners, and the public in the region; and ``(B) a fiscal and administrative agent, such as an existing regional planning and development organization, to provide professional planning, management, and administrative support. ``(6) Duties.--The regional transportation planning organization shall-- ``(A) ensure that nonmetropolitan local officials are meaningfully involved in the statewide transportation planning process; ``(B) develop and maintain, in cooperation with the State, regional long-range multimodal transportation plans; ``(C) develop a regional transportation improvement program for consideration by the State; ``(D) foster the coordination of local planning, land use, and economic development plans with State, regional, and local transportation plans and programs; ``(E) provide technical assistance to local officials; ``(F) participate in national, multi-State, and State policy and planning development processes to ensure the regional and local input of nonmetropolitan areas; ``(G) provide a forum for public participation in the statewide and regional transportation planning processes; ``(H) consider and share plans and programs with neighboring regional transportation planning organizations, metropolitan planning organizations, and, as appropriate, tribal organizations; and ``(I) conduct other duties, as necessary, to support and enhance the statewide planning process described in subsection (d).''. | Requires states, at a minimum, to cooperate with affected nonmetropolitan local officials responsible for transportation through regional transportation planning organizations to develop and implement long-range statewide transportation plans and statewide transportation improvement programs, with emphasis on addressing the transportation needs of nonmetropolitan areas of the state. Defines a regional transportation planning organization as a multi-jurisdictional organization composed of nonmetropolitan local officials (or their designees) and representatives of local transportation systems who all volunteer for such organization. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Pancreatic Islet Cell Transplantation Act of 2003''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Findings. Sec. 3. Organ procurement organization certification. Sec. 4. Interagency Committee on Islet Cell Transplantation. Sec. 5. Study of islet cell transplantation. Sec. 6. Medicare pancreatic islet cell transplant demonstration project. Sec. 7. Authorization of appropriations. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Approximately 1,000,000 individuals in the United States have juvenile, or Type 1, diabetes. (2) In individuals with juvenile diabetes, the body's immune system attacks the pancreas and destroys islet cells that produce insulin. (3) Insulin is not a cure, and individuals with juvenile diabetes face the constant threat of devastating complications, a drastic reduction in quality of life, and a shortened life span. (4) The development of the ``Edmonton Protocol'' and subsequent variations of that protocol, involving the transplant of insulin-producing pancreatic islet cells into individuals with juvenile diabetes, have brought us within reach of a cure. (5) Islet cell transplants have been hailed as the most promising development in diabetes since the discovery of insulin. (6) Currently 80 percent of the approximately 200 patients who have received islet cell transplants using variations of the Edmonton Protocol have maintained normal glucose levels without insulin injections after 1 year. (7) One of the key hurdles in expanding the number of patients enrolled in these protocols is the insufficient number of pancreases available for islet cell transplantation. (8) While a significant percentage of individuals with type 1 diabetes will experience kidney failure and become Medicare- eligible through the end stage renal disease program, insufficient data exist to conduct an assessment to determine the efficacy of simultaneous islet-kidney transplants and islet transplants after kidney transplants for individuals with type 1 diabetes. (9) The Federal Government should promote policies and regulations to increase the supply of pancreases for research, to coordinate efforts and information in the emerging area of islet cell transplantation, to collect the data necessary to move islet cell transplantation from an experimental procedure to a standard therapy covered by insurance, and to create a medicare demonstration project to determine the efficacy of simultaneous islet-kidney transplants and islet transplants after kidney transplants for medicare beneficiaries with type 1 diabetes. SEC. 3. ORGAN PROCUREMENT ORGANIZATION CERTIFICATION. Section 371 of the Public Health Service Act (42 U.S.C. 273) is amended by adding at the end the following: ``(c) Pancreases procured by an organ procurement organization and used for islet cell transplantation or research shall be counted for purposes of certification or recertification under subsection (b).''. SEC. 4. INTERAGENCY COMMITTEE ON ISLET CELL TRANSPLANTATION. (a) Establishment.--There is established within the Department of Health and Human Services the Interagency Committee on Islet Cell Transplantation (in this section referred to as the ``Committee''). (b) Membership.--The Committee shall be composed of the following: (1) 1 member appointed by the Director of the National Institute on Diabetes and Digestive Kidney Diseases, which member shall serve as chairperson of the Committee. (2) 1 member appointed by the Director of the National Institute of Allergy and Infectious Diseases. (3) 1 member appointed by the Director of the National Institute of Environmental Health Sciences. (4) 1 member appointed by the Administrator of the Health Resources and Services Administration. (5) 1 member appointed by the Administrator of the Centers for Medicare and Medicaid Services. (6) 1 member appointed by the Secretary of Defense. (7) 1 member appointed by the Secretary of Veterans Affairs. (8) 1 member appointed by the Administrator of the National Aeronautics and Space Administration. (9) Such members as the Secretary of Health and Human Services, in consultation with the chairperson of the Committee, determines appropriate and appoints to represent agencies (including the national research institutes of the National Institutes of Health) that are not listed in paragraphs (1) through (8). (c) Duties.-- (1) Study.--The Committee shall conduct a study of-- (A) the adequacy of Federal research funding for taking advantage of scientific opportunities relating to islet cell transplantation; (B) current policies and regulations affecting the supply of pancreases for islet cell transplantation; (C) the effect of xenotransplantation on advancing islet cell transplantation; (D) the effect of United Network for Organ Sharing variances on pancreas retrieval and islet cell transplantation; and (E) the existing mechanisms to collect and coordinate outcome data from existing islet cell transplantation trials. (2) Recommendations.--The Committee shall develop recommendations concerning the matters studied under paragraph (1). (3) Report.--Not later than 1 year after the date of enactment of this Act and annually thereafter, the Committee shall submit a report to the Secretary of Health and Human Services and the appropriate committees of the Congress containing a detailed statement of the findings and conclusions of the Committee, together with recommendations for such legislation and administrative actions as the committee considers appropriate to increase the supply of pancreases available for islet cell transplantation. SEC. 5. STUDY OF ISLET CELL TRANSPLANTATION. (a) In General.--The Secretary of Health and Human Services shall request that the Institute of Medicine conduct, or contract with another entity to conduct, a study on the impact of islet cell transplantation on the health-related quality of life and the economic outcomes for individuals with juvenile diabetes, and the cost- effectiveness of such treatment. (b) Matters Studied.--The study authorized under this section shall examine and consider the health-related quality of life of juvenile diabetes patients before and after pancreatic cell transplantation. Outcome measures shall include-- (1) clinical outcomes, including episodes of hypoglycemia unawareness and the long-term development of diabetes-related clinical complications, including nephropathy, neuropathy, retinopathy, and vascular disease; (2) health-related quality of life outcomes, including patient levels of worry with respect to fear of hypoglycemia episodes, the ability to perform basic life and work-associated functions, and the impact on the quality of life of family members and caregivers; and (3) the cost-effectiveness of pancreatic islet cell transplantation, as compared to both standard medical management (such as continued daily insulin injections) and whole pancreas transplantation, for patients with juvenile diabetes. (c) Cost-Effectiveness Analysis.--Cost-effectiveness analysis, as described in subsection (b)(3), shall include standard health profile instruments to assess post-treatment costs and benefits, including-- (1) direct measures, such as-- (A) post-transplant health care resource utilization; and (B) long-term health care resource utilization due to diabetes complications, including nephropathy, neuropathy, retinopathy, and vascular disease which can extend to include sight loss and limb loss; and (2) indirect measures, such as-- (A) time lost at work; and (B) productivity analysis. SEC. 6. MEDICARE PANCREATIC ISLET CELL TRANSPLANT DEMONSTRATION PROJECT. (a) Establishment.--In order to test the efficacy of pancreatic islet cell transplantation, not later than 120 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall establish a demonstration project which provides over a 5-year period for payment under the medicare program under title XVIII of the Social Security Act for pancreatic islet cell transplantation in the case of medicare beneficiaries who have type 1 (juvenile) diabetes and have end stage renal disease. (b) Evaluation and Report.--The Secretary shall conduct an evaluation of the outcomes of the demonstration project. Not later than 120 days after the date of completion of the demonstration project, the Secretary shall submit to Congress a report on the project, including recommendations for such legislative and administrative action as the Secretary deems appropriate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. | Pancreatic Islet Cell Transplantation Act of 2003 - Amends the Public Health Service Act to include pancreases procured by an organ procurement organization and used for islet cell transplantation or research to be counted toward organ procurement organization certification.Establishes the Interagency Committee on Islet Cell Transplantation within the Department of Health and Human Services (HHS). Requires the Committee to study related issues, including Federal research funding, the effect of specified policies on transplantation, and data collection.Instructs the Secretary of HHS to request the Institute of Medicine to provide a study of the impact of islet cell transplantation on juvenile diabetes patients, including their health and the treatment's cost-effectiveness.Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish a demonstration project to assess the efficacy of pancreatic cell islet transplantation for individuals who: (1) have Type I (juvenile) diabetes; and (2) have end-stage renal disease; and (3) are Medicare beneficiaries. Establishes reporting requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act'' or the ``LISTEN Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Conducting electronic surveillance of al Qaeda and other international terrorist groups is integral to protecting people in the United States from terrorism. Electronic surveillance can assist in the detection and prevention of terrorist plots. (2) Electronic surveillance may, at times, involve surveillance of persons in the United States. Such electronic surveillance is lawful if conducted in accordance with the Fourth Amendment to the Constitution and the Foreign Intelligence Surveillance Act of 1978 or chapters 119 or 121 of title 18, United States Code. (3) It is essential that in protecting the United States from enemies, the President does not compromise the civil liberties that the President is charged with safeguarding. In 2004, Justice Sandra Day O'Connor explained in a plurality opinion for the Supreme Court in Hamdi v. Rumsfeld, ``We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation's citizens''. (4) Section 8 of article I of the Constitution of the United States provides that ``Congress shall have the Power . . . to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers and all other Powers vested in this Constitution in the Government of the United States, or in any Department or Officer thereof''. (5) In passing the Foreign Intelligence Surveillance Act of 1978, Congress expressly determined that the Foreign Intelligence Surveillance Act of 1978 and chapters 119 and 121 of title 18, United States Code, are the exclusive means by which surveillance can be conducted in the United States. (6) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) authorizes the Federal Government to conduct electronic surveillance of persons in the United States for purposes of gathering intelligence and counterintelligence. The Act contains emergency procedures under which electronic surveillance may begin up to 72 hours before the Federal Government presents to the Foreign Intelligence Surveillance Court an application for a court order approving electronic surveillance. (7) The Fourth Amendment to the Constitution of the United States declares that ``The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized''. (8) A determination of reasonableness under the Fourth Amendment must ultimately be made by an independent magistrate, not by an executive branch official. (9) The Authorization for Use of Military Force (Public Law 107-40), passed by Congress on September 14, 2001, does not constitute legal authorization for electronic surveillance not authorized by chapters 119 or 121 of title 18, United States Code, or the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). SEC. 3. REITERATION OF CHAPTERS 119 AND 121 OF TITLE 18, UNITED STATES CODE, AND THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 AS THE EXCLUSIVE MEANS BY WHICH DOMESTIC ELECTRONIC SURVEILLANCE MAY BE CONDUCTED. Notwithstanding any other provision of law, chapters 119 and 121 of title 18, United States Code, and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall be the exclusive means by which electronic surveillance may be conducted. SEC. 4. COMPLIANCE WITH FISA REQUIREMENTS. (a) Ensuring Compliance.--The President shall ensure that all electronic surveillance of persons in the United States is conducted in accordance with chapters 119 or 121 of title 18, United States Code, or title I of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (b) Procedures.--The President shall ensure that the procedures for applying for an order for electronic surveillance under title I of the Foreign Intelligence Surveillance Act of 1978 continue to be adequate for the timely and efficient electronic surveillance of appropriate targets. (c) Report.-- (1) In general.--If at any time the President determines that the procedures described in subsection (b) are not adequate for the timely and efficient electronic surveillance of appropriate targets in accordance with title I of the Foreign Intelligence Surveillance Act of 1978, the President shall submit to the relevant congressional committees a report containing findings and recommendations with respect to emergency applications and, to the extent deemed necessary by the President, routine applications for an order under such title on-- (A) the level of resources and personnel needed at the National Security Agency and the Department of Justice to handle such applications to the Foreign Intelligence Surveillance Court; (B) the need for new information technology systems to facilitate the near real-time approval of such applications to the Foreign Intelligence Surveillance Court; (C) how to streamline the processing of information that must be presented to the Foreign Intelligence Surveillance Court for such an application; (D) how to expedite review within the National Security Agency, the Department of Justice, or other appropriate agencies or departments of such applications before such an application is submitted to the Attorney General; (E) whether a senior official reporting to the Attorney General, such as the Deputy Attorney General or the Assistant Attorney General for National Security, should be authorized to approve such applications; and (F) the need for any legislative changes to improve such procedures. (2) Date of submission.--The report under paragraph (1) shall be submitted to the relevant congressional committees not later than 30 days after the date on which the President determines under such paragraph that the procedures described in subsection (b) are not adequate for the timely electronic surveillance of appropriate targets in the United States. (d) Rule of Construction.--Nothing in this section shall be construed to authorize the President to conduct electronic surveillance other than in accordance with title I of the Foreign Intelligence Surveillance Act of 1978 or chapters 119 or 121 of title 18, United States Code. SEC. 5. AUTHORIZATION FOR INCREASED RESOURCES TO PROCESS FOREIGN INTELLIGENCE SURVEILLANCE ACT APPLICATIONS. There are authorized to be appropriated to the National Security Agency and the Department of Justice for the activities of the Office of Intelligence Policy and Review such sums as may be necessary to meet the increased personnel and information technology demands to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court. SEC. 6. DEFINITIONS. In this Act: (1) Electronic surveillance.--The term ``electronic surveillance'' has the meaning given the term in section 101(f) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(f)). (2) Foreign intelligence surveillance court.--The term ``Foreign Intelligence Surveillance Court'' has the meaning given the term in section 301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3)). (3) Relevant congressional committees.--The term ``relevant congressional committees'' means the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate. | Lawful Intelligence and Surveillance of Terrorists in an Emergency by NSA Act or LISTEN Act - States that specified provisions of federal criminal law concerning wire and electronic communications and their interception and the Foreign Intelligence Surveillance Act of 1978 (FISA) shall be the exclusive means by which domestic electronic surveillance may be conducted. Directs the President to ensure that: (1) all electronic surveillance of persons in the United States is conducted within those exclusive means; and (2) the procedures for applying for an order for electronic surveillance under FISA continue to be adequate for the timely and efficient electronic surveillance of appropriate targets. Requires: (1) the President to report to the congressional intelligence and judiciary committees upon a determination that such procedures are inadequate; and (2) the report to contain findings and recommendations with respect to emergency or routine applications for such orders. Authorizes appropriations to the National Security Agency (NSA) and the Department of Justice (DOJ) for activities of the Office of Intelligence Policy and Review to ensure the timely and efficient processing of applications to the Foreign Intelligence Surveillance Court. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Privacy Protection Act''. SEC. 2. INCREASING PARENTAL INVOLVEMENT AND PROTECTING STUDENT PRIVACY. Title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end the following: ``Part I--Increasing Parental Involvement and Protecting Student Privacy ``SEC. 14901. INTENT. ``It is the purpose of this part to provide parents with notice of and opportunity to make informed decisions regarding commercial activities occurring in their children's classrooms. ``SEC. 14902. COMMERCIALIZATION POLICIES AND PRIVACY FOR STUDENTS. ``(a) Policy Development.--A State educational agency or local educational agency that receives funds under this Act shall develop a policy regarding in-school commercialization activities in consultation with parents and provide notice to parents regarding such policy and any changes to such policy, including locally developed exceptions under subsection (e). ``(b) Funding Prohibition.--Except as provided in subsection (c), no State educational agency or local educational agency that receives funds under this Act may-- ``(1) disclose data or information the agency gathered from a student to a person or entity that seeks disclosure of the data or information for the purpose of benefiting the person or entity's commercial interests; or ``(2) permit by contract a person or entity to gather from a student, or assist a person or entity in gathering from a student, data or information, if the purpose of gathering the data or information is to benefit the commercial interests of the person or entity. ``(c) Parental Consent.-- ``(1) Disclosure.--A State educational agency or local educational agency that is a recipient of funds under this Act may disclose data or information under subsection (b)(1) if the agency, prior to the disclosure-- ``(A) explains to the student's parent, in writing, what data or information will be disclosed, to which person or entity the data or information will be disclosed, the amount of class time, if any, that will be consumed by the disclosure, and how the person or entity will use the data or information; and ``(B) obtains the parent's written permission for the disclosure. ``(2) Gathering.--A State educational agency or local educational agency that is a recipient of funds under this Act may permit by contract, or assist, the gathering of data or information under subsection (b)(2) if the agency, prior to the gathering-- ``(A) explains to the student's parent, in writing, what data or information will be gathered including whether any of the information is personally identifiable, which person or entity will gather the data or information, the amount of class time if any, that will be consumed by the gathering, and how the person or entity will use the data or information; and ``(B) obtains the parent's written permission for the gathering. ``(d) Definitions.--In this part: ``(1) Student.--The term `student' means a student under the age of 18. ``(2) Commercial interest.--The term `commercial interest' does not include the interest of a person or entity in gathering data or information from a student for the purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as-- ``(A) college and other post-secondary education recruiting; ``(B) book clubs and other programs providing access to low cost books or other related literary products; ``(C) curriculum and instructional materials used by elementary and secondary schools to teach if-- ``(i) the information is not used to sell, advertise, or develop another product; and ``(ii) the curriculum and instructional materials are used in accordance with applicable Federal, State, and local policies; and ``(D) the development and administration of tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of aggregate data if-- ``(i) the information is not used to sell, advertise, or develop another product; and ``(ii) the tests are conducted in accordance with applicable Federal, State, and local policies. ``(e) Locally Developed Exceptions.--A local educational agency, in consultation with parents, may develop appropriate exceptions to the consent requirements contained in this part. ``(f) Funding.--A State educational agency or local educational agency may use funds provided under part A of title VI to enhance parental involvement in areas affecting children's in-school privacy.''. | Student Privacy Protection Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require State and local educational agencies (SEAs and LEAs) that receive ESEA funds to: (1) develop policies regarding in-school commercialization activities in consultation with parents; and (2) provide notice to parents regarding such policies and any changes to such policies, including locally developed exceptions.Prohibits such SEAs and LEAs, unless they have given an explanation and obtained parents' written permission, from: (1) disclosing data or information gathered from a student to persons or entities that seek such disclosure to benefit their commercial interests; or (2) assisting or permitting by contract such persons or entities in gathering such information for such purpose. Allows locally-developed exceptions to such consent requirements.Allows SEAs and LEAs to use certain ESEA funds to enhance parental involvement in areas affecting children's in-school privacy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Space Tourism Promotion Act of 2001''. SEC. 2. FINDINGS. The Congress finds that-- (1) humans have long had a yearning to travel in space and experience conditions beyond Earth's atmosphere; (2) forty years of human space flight experience have demonstrated the feasibility of safe travel to and from space as well as the ability of humans to live and work in space; (3) the Nation's human space flight program has developed technologies and operational procedures that the private sector could make use of to enable American citizens to experience space travel; (4) space tourism has the potential to become a significant industry and a powerful stimulus for advances in space transportation; (5) the Federal Government could play an important role in stimulating the development of space tourism by means of guaranteed loans, tax credits, expeditious establishment of a straightforward and predictable regulatory structure, and research and development in technologies that may enable the private sector to develop operational passenger-carrying space transportation systems and on-orbit habitations; (6) as the agency of the Federal Government primarily responsible for the development of America's commercial sector, the Department of Commerce, and in particular its Office of Space Commercialization, should have the lead role in encouraging the growth of space tourism; (7) as the agency of the Federal Government currently responsible for regulating America's commercial space transportation industry, the Federal Aviation Administration, and in particular its Office of Commercial Space Transportation, should have the lead role in establishing the regulatory structure necessary to ensure the safety of United States space tourism; (8) as the agency of the Federal Government responsible for carrying out the major share of the Nation's civil space activities, the National Aeronautics and Space Administration should continue its traditional role of conducting research and development related to new space technologies and systems and facilitating their transfer to the private sector; (9) it is an appropriate role for the Federal Government to undertake measures to encourage the development of space tourism in the United States; and (10) at the same time, it is an inappropriate role and a misallocation of taxpayer-provided resources for the Federal Government to compete with the private sector in the provision of transportation vehicles or facilities for space tourism. SEC. 3. DEFINITIONS. In this Act-- (1) terms that are defined in the Federal Credit Reform Act of 1990 have the meaning given those terms in that Act; and (2) the term ``space tourism'' means travel to, from, or within outer space, or to the surface of a body in space other than Earth, or habitation in outer space, for the purpose of recreation. SEC. 4. LOAN GUARANTEES. (a) Authority.-- (1) In general.--The Secretary of Commerce may guarantee up to 85 percent of the value of loans for the purpose of developing transportation systems, habitation facilities, or other infrastructure required for space tourism. (2) Limitation.--The maximum aggregate amount of loan commitments that may be guaranteed under this section by the Secretary of Commerce at any one time shall be $2,000,000,000. (3) Administrative fee.--The Secretary of Commerce is authorized to collect from any borrower, and to the extent provided for in advance in appropriations Acts to use, an amount not to exceed 0.5 percent of the amount borrowed, for covering the administrative expenses and other annual costs to the Department of Commerce of the loan guarantee. (b) Terms and Conditions.--A loan guaranteed under this section shall be on such terms and conditions as the Secretary of Commerce may prescribe. (c) Term of Loans.--Loans guaranteed under this section shall be for a term of not to exceed 20 years, or 100 percent of the useful life of the substantial portion of the physical assets to be financed by the loans, whichever is shorter, as determined by the Secretary of Commerce. (d) Lien on Interests in Assets.--Upon providing a loan guarantee to a borrower under this section, the Secretary of Commerce shall have liens which shall be superior to all other liens on assets of the borrower equal to 85 percent of the unpaid balance of the loan subject to the guarantee. (e) Protection.--No loan shall be guaranteed under this section unless the Secretary of Commerce determines that the borrower is responsible and that adequate provision is made for servicing the loan on reasonable terms and for protecting the interests of the United States. (f) Validity.--A loan guarantee under this section shall be conclusive evidence that such guarantee has been properly obtained, and that the underlying loan qualifies for such guarantee. In an action for fraud or material misrepresentation by the holder of a loan guaranteed under this section, such guarantee shall be presumed to be valid, legal, and enforceable. (g) Forbearance.--The Secretary of Commerce may approve an agreement, between the parties to a loan guaranteed under this section, that provides for forbearance for the benefit of the borrower if the forbearance will result in no cost to the Federal Government. (h) Administration and Oversight Responsibility.--The Office of Space Commercialization shall be responsible for the administration and oversight of this section on behalf of the Department of Commerce. SEC. 5. CAPITAL GAINS EXCLUSION. (a) In General.--Part I of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by adding at the end the following new section: ``SEC. 1203. EXCLUSION OF GAINS FOR QUALIFIED SPACE TOURISM CORPORATIONS. ``(a) In General.--Gross income shall not include gain on the sale or exchange of any stock of a qualified space tourism corporation held for more than one year. ``(b) Qualified Space Tourism Corporation.--For purposes of subsection (a), the term `qualified space tourism corporation' means, with respect to any taxable year, a domestic corporation which is a C corporation if-- ``(1) such corporation is organized exclusively for providing to unrelated persons any service of space tourism (as defined in section 3 of the Space Tourism Promotion Act of 2001), and ``(2) such corporation derives at least 75 percent of its gross receipts from the active conduct of a trade or business of providing a service described in paragraph (1). ``(c) Certain Purchases by Corporations of Its Own Stock.--For purposes of this section, rules similar to the rules of section 1202(c)(3) shall apply. ``(d) Related Person.--Persons shall be treated as related to each other if such persons would be treated as a single employer under the regulations prescribed under section 52(b). In the case of a corporation which is a member of an affiliated group of corporations filing a consolidated return, such corporation shall be treated as providing services related to space tourism to an unrelated person if such services are provided to such a person by another member of such group. ``(e) Termination.--This section shall not apply to sales or exchanges after December 31, 2011.''. (b) Clerical Amendment.--The table of sections for part I of subchapter P of such Code is amended by adding at the end the following new item: ``Sec. 1203. Exclusion of gains for qualified space tourism corporations.'' (c) Effective Date.--The amendments made by this section shall apply to sales and exchanges in taxable years beginning after December 31, 2001. SEC. 6. ESTABLISHMENT OF REGULATORY STANDARDS. (a) In General.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations to govern-- (1) activities necessary to ensure the safe operation of passenger-carrying launch and reentry vehicles and spacecraft for space tourism, to the extent to which regulatory procedures have not previously been established by law; and (2) activities related to the provision of and safe operation of habitable facilities in outer space for space tourism purposes. (b) Orbital Debris Avoidance.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation shall issue regulations to prevent, to the extent practicable, the growth of orbital debris resulting from activities associated with space tourism. (c) Legal Regime.--Activities taking place on space tourism habitation facilities and passenger-carrying launch and reentry vehicles and spacecraft for space tourism licensed or otherwise regulated by the Secretary of Transportation shall be governed by the laws of the United States. SEC. 7. USE OF FEDERAL FACILITIES. (a) Prohibition Against Certain Uses of Federal Facilities.-- (1) In general.--Launch, reentry, and space travel vehicles owned by the Federal Government shall not be used for the transport of any individuals other than those engaged in or supporting the conduct of official business of the United States or the conduct of scientific or engineering research and development, except in emergency situations. (2) International space station.--The United States portion of the International Space Station shall not be visited or occupied by any individuals other than those engaged in or supporting the conduct of official business of the United States or the conduct of scientific or engineering research and development, and those authorized by relevant international agreements, except in emergency situations. (b) Use of Other Federal Facilities.--The use of other Federal facilities and infrastructure, such as launch ranges and data relay satellites, shall be made available to commercial entities engaged in space tourism on a cost-reimbursable basis to the extent that excess capacity exists at the time the commercial entity requests the use of such facilities and infrastructure. | Space Tourism Promotion Act of 2001 - Authorizes the Secretary of Commerce to guarantee up to 85 percent of the value of loans for developing transportation systems, habitation facilities, or other infrastructure required for space tourism.Amends the Internal Revenue Code of 1986 to exclude from gross income gain on the sale or exchange of any stock of a qualified space tourism corporation held for more than a year.Requires the Secretary of Transportation to issue regulations to: (1) govern activities necessary to ensure the safe operation of passenger-carrying launch and reentry vehicles and spacecraft for space tourism and activities related to the provision and safe operation of habitable facilities in outer space for space tourism; and (2) prevent the growth of orbital debris resulting from activities associated with space tourism.Prohibits: (1) the use of launch, reentry, and space travel vehicles owned by the Government for the transport of any individuals other than those engaged in or supporting the conduct of official business or scientific or engineering research and development (R&D), except in emergencies; and (2) the U.S. portion of the International Space Station from being visited or occupied by any individuals other than those engaged in or supporting the conduct of such business or R&D and those authorized by relevant international agreements, except in emergencies.Requires the use of other Federal facilities and infrastructure, such as launch ranges and data relay satellites, to be made available to commercial entities engaged in space tourism on a cost-reimbursable basis to the extent that excess capacity exists. |
SECTION 1. DIVIDENDS AND INTEREST OF INDIVIDUALS TAXED AT CAPITAL GAIN RATES. (a) In General.--Section 1(h) of the Internal Revenue Code of 1986 (relating to maximum capital gains rate) is amended by adding at the end the following new paragraph: ``(13) Dividends and interest taxed as net capital gain.-- ``(A) In general.--For purposes of this subsection, the term `net capital gain' means net capital gain (determined without regard to this paragraph), increased by qualified dividend income and qualified interest income. ``(B) Qualified dividend income.--For purposes of this paragraph-- ``(i) In general.--The term `qualified dividend income' means dividends received from domestic corporations during the taxable year. ``(ii) Certain dividends excluded.--Such term shall not include-- ``(I) any dividend from a corporation which for the taxable year of the corporation in which the distribution is made, or the preceding taxable year, is a corporation exempt from tax under section 501 or 521, ``(II) any amount allowed as a deduction under section 591 (relating to deduction for dividends paid by mutual savings banks, etc.), and ``(III) any dividend described in section 404(k). ``(iii) Minimum holding period.--Such term shall not include any dividend on any share of stock with respect to which the holding period requirements of section 246(c) are not met. ``(C) Qualified interest income.--For purposes of this paragraph, the term `qualified interest income' means-- ``(i) interest on deposits with a bank (as defined in section 581), ``(ii) amounts (whether or not designated as interest) paid, in respect of deposits, investment certificates, or withdrawable or repurchasable shares, by-- ``(I) a mutual savings bank, cooperative bank, domestic building and loan association, industrial loan association or bank, or credit union, or ``(II) any other savings or thrift institution which is chartered and supervised under Federal or State law, the deposits or accounts in which are insured under Federal or State law or which are protected and guaranteed under State law, ``(iii) interest on-- ``(I) evidences of indebtedness (including bonds, debentures, notes, and certificates) issued by a domestic corporation in registered form, and ``(II) to the extent provided in regulations prescribed by the Secretary, other evidences of indebtedness issued by a domestic corporation of a type offered by corporations to the public, ``(iv) interest on obligations of the United States, a State, or a political subdivision of a State (not excluded from gross income of the taxpayer under any other provision of law), and ``(v) interest attributable to participation shares in a trust established and maintained by a corporation established pursuant to Federal law. ``(D) Special rules.-- ``(i) Amounts taken into account as investment income.--Qualified dividend income and qualified interest income shall not include any amount which the taxpayer takes into account as investment income under section 163(d)(4)(B). ``(ii) Nonresident aliens.--In the case of a nonresident alien individual, subparagraph (A) shall apply only-- ``(I) in determining the tax imposed for the taxable year pursuant to section 871(b) and only in respect of amounts which are effectively connected with the conduct of a trade or business within the United States, and ``(II) in determining the tax imposed for the taxable year pursuant to section 877. ``(iii) Treatment of dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of dividends from regulated investment companies and real estate investment trusts, see sections 854 and 857.'' (b) Exclusion of Dividends and Interest From Investment Income.-- Subparagraph (B) of section 163(d)(4) of the Internal Revenue Code of 1986 (defining net investment income) is amended by adding at the end the following flush sentence: ``Such term shall include qualified dividend income (as defined in section 1(h)(13)(B)) or qualified interest income (as defined in section 1(h)(13)(C)) only to the extent the taxpayer elects to treat such income as investment income for purposes of this subsection.'' (c) Treatment of Dividends From Regulated Investment Companies.-- (1) Subsection (a) of section 854 of the Internal Revenue Code of 1986 (relating to dividends received from regulated investment companies) is amended by inserting ``section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and'' after ``For purposes of''. (2) Paragraph (1) of section 854(b) of such Code (relating to other dividends) is amended by redesignating subparagraph (B) as subparagraph (C) and by inserting after subparagraph (A) the following new subparagraph: ``(B) Maximum rate under section 1(h).-- ``(i) In general.--If the sum of the aggregate dividends received, and the aggregate interest described in section 1(h)(13)(C) received, by a regulated investment company during any taxable year is less than 95 percent of its gross income, then, in computing the maximum rate under section 1(h)(13), rules similar to the rules of subparagraph (A) shall apply. ``(ii) Gross income.--For purposes of clause (i), in the case of 1 or more sales or other dispositions of stock or securities, the term `gross income' includes only the excess of-- ``(I) the net short-term capital gain from such sales or dispositions, over ``(II) the net long-term capital loss from such sales or dispositions.'' (3) Subparagraph (C) of section 854(b)(1) of such Code, as redesignated by paragraph (2), is amended by striking ``subparagraph (A)'' and inserting ``subparagraph (A) or (B)''. (4) Paragraph (2) of section 854(b) of such Code is amended by inserting ``the maximum rate under section 1(h)(13) and'' after ``for purposes of''. (d) Treatment of Dividends Received From Real Estate Investment Trusts.--Section 857(c) of the Internal Revenue Code of 1986 (relating to restrictions applicable to dividends received from real estate investment trusts) is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) In general.--For purposes of section 1(h)(13) (relating to maximum rate of tax on dividends and interest) and section 243 (relating to deductions received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered a dividend. ``(2) Treatment as interest.-- ``(A) In general.--For purposes of section 1(h)(13), in the case of a dividend (other than a capital gain dividend, as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part for the taxable year in which it paid-- ``(i) such dividend shall be treated as interest if the aggregate interest received by the real estate investment trust for the taxable year equals or exceeds 75 percent of its gross income, or ``(ii) if clause (i) does not apply, the portion of such dividend which bears the same ratio to the amount of such dividend as the aggregate interest received bears to gross income shall be treated as interest. ``(B) Adjustments to gross income and aggregate interest received.--For purposes of subparagraph (B)-- ``(i) gross income does not include the net capital gain, ``(ii) gross income and aggregate interest received shall each be reduced by so much of the deduction allowable by section 163 for the taxable year (other than for interest on mortgages on real property owned by the real estate investment trust) as does not exceed aggregate interest received by the taxable year, and ``(iii) gross income shall be reduced by the sum of the taxes imposed by paragraphs (4), (5), and (6) of section 857(b). ``(C) Aggregate interest received.--For purposes of this subsection, aggregate interest received shall be computed by taking into account only interest which is described in section 1(13)(C). ``(D) Notice to shareholders.--The amount of any distribution by a real estate investment trust which may be taken into account as interest for purposes of section 1(h)(13) shall not exceed the amount so designated by the trust in a written notice to its shareholders mailed not later than 45 days after the close of its taxable year.'' (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. | Amends the Internal Revenue Code to provide that dividends and interest income shall be taxed as net capital gain. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Financial Literacy for Homeowners Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) While expanded access to credit from both prime and subprime lenders has contributed to the highest homeownership rates in the Nation's history, there is growing evidence that some lenders are engaging in predatory lending practices-- excessive front-end fees, single-premium credit life insurance, and exorbitant prepayment penalties--that make homeownership much more costly for families that can least afford it. (2) Borrowers with fair to good credit ratings may be able to obtain loans in the ``prime'' mortgage market, with the lowest interest rates and costs. (3) Borrowers with blemished credit histories obtain mortgage loans in the ``subprime'' mortgage market, with higher interest rates and loan fees than are obtainable in the prime market. Some subprime lenders have been making loans on terms that are regarded as ``predatory''. (4) Predatory lending involves home mortgages, mortgage refinancing, home equity loans, and home repair loans with unjustifiably high interest rates, excessive fees, balloon payments, prepayment penalties, and the imposition of other unreasonable, and sometimes fraudulent, terms. (5) Predatory loans are said to have grown rapidly in minority neighborhoods, often stripping away wealth that may have taken owners decades or a lifetime to accumulate. (6) Some communities that have lacked access to traditional institutions were being victimized by second mortgage lenders, home improvement contractors, and finance companies who peddled high interest rate home equity loans with high loan fees to cash-poor homeowners. Borrowers, who may not have fully understood the terms of the loans, and who may not have been offered adequate disclosures of the loan terms, often have struggled to meet overwhelming mortgage payments and too often ultimately lost their homes through foreclosure. (7) A joint report by the Department of Housing and Urban Development and the Department of the Treasury, issued June 21, 2000, entitled ``Curbing Predatory Home Mortgage Lending'', urged the Congress to adopt legislation that would restrict abusive terms and conditions on high-cost loans, prohibit harmful sales practices in mortgage markets, improve consumer literacy and disclosures, prohibit government-sponsored enterprises from purchasing loans with predatory features, and establish predatory lending as a factor in evaluations for the Community Reinvestment Act of 1977. (8) The joint report proposed a four-point plan to address predatory lending practices, which included improving consumer literacy and disclosures by requiring lenders to recommend that applicants for high-cost loans avail themselves of home mortgage counseling, to disclose credit scores to all borrowers upon request, and to give borrowers more timely and more accurate information on loan costs and terms. (9) A number of government agencies have become involved in addressing various aspects of the predatory lending issue in an attempt to reduce the number of lenders that use high-pressure telemarketing sales techniques and mislead borrowers about increases in interest rates and monthly payments on adjustable rate mortgages. (10) Predatory lending threatens to undo the work of many nonprofit organizations that have worked with lenders and local governments to improve distressed neighborhoods. More needs to be done to assist borrowers who already have predatory loans, to educate consumers about the dangers and pitfalls of entering into a home loan, and to refer consumers to appropriate governmental agencies or consumer protection organizations for assistance. SEC. 3. GRANT PROGRAM FOR EDUCATION AND COUNSELING REGARDING PREDATORY LENDING. (a) In General.--The Secretary of the Treasury may make grants under this section to States, units of general local government, and nonprofit organizations, which shall be used only for costs of carrying out eligible anti-predatory lending activities under subsection (b). (b) Eligible Anti-Predatory Lending Activities.--Amounts from a grant under this section may be used only for carrying out the following activities: (1) Education programs.--For education programs to inform and educate consumers, particularly those most vulnerable to being taken advantage of by predatory and unscrupulous lending practices relating to home loans (such as low-income borrowers and senior citizens), regarding home mortgages, mortgage refinancing, home equity loans, and home repair loans with unjustifiably high interest rates, excessive fees, balloon payments, prepayment penalties, and the imposition of other unreasonable, and sometimes fraudulent, terms. (2) Counseling programs.--For programs, provided only by organizations certified by the Secretary as competent to provide homeownership counseling, that counsel homeowners and prospective homeowners regarding predatory and unscrupulous lending practices relating to home loans. (3) Referral services.--For services that provide referrals, for homeowners and prospective homeowners-- (A) to education and counseling programs described in paragraphs (1) and (2); or (B) to appropriate agencies or authorities responsible for handling consumer complaints, allegations, or requests for assistance regarding predatory and unscrupulous lending practices relating to home loans or for investigating the circumstances surrounding home loans for possible violations of law. (c) Eligibility and Application.--To be eligible for a grant under this section, a State, unit of general local government, or nonprofit organization shall submit to the Secretary an application for a grant in such form and including such information as the Secretary shall require, which shall include such information as the Secretary considers appropriate to ensure that the grant amounts are used for activities eligible under subsection (b). (d) Maximum Grant Amount.--The maximum amount of grant funds that may be provided under this section to any single grantee for any single fiscal year shall be $1,000,000. (e) Selection of Applicants.--The Secretary shall provide for States, units of general local government, and nonprofit organizations to submit applications for grants under this section. The Secretary shall select applications to receive such grants according to selection criteria, which the Secretary shall establish. SEC. 4. TOLL-FREE TELEPHONE NUMBER FOR PREDATORY LENDING COMPLAINTS. The Secretary shall, using any amounts reserved under section 7(1), provide for the establishment, operation, and publication of a nationwide toll-free telephone number to receive consumer complaints regarding predatory and unscrupulous lending practices relating to home loans, provide information about predatory lending, refer borrowers who already have predatory loans to the appropriate governmental agencies or consumer protection organizations for assistance, and coordinate between existing State and nonprofit community organizations to create a resource database of information for consumers. Such toll-free telephone line shall provide for receipt of such consumer complaints and provision of such information at all times only through an actual person and not by pre-recorded or recorded means. SEC. 5. PREDATORY LENDING ADVISORY COUNCIL. (a) Establishment.--There is established in the Department of the Treasury a Predatory Lending Advisory Council (in this section referred to as the ``Council'') to advise the Secretary on policies and issues relating to predatory and unscrupulous lending practices relating to home loans. (b) Membership.--The Council shall be composed of 13 members appointed by the Secretary, who shall include-- (1) 4 members who are representatives of community-based organizations that work with consumers, lenders, and State and local governments to improve distressed neighborhoods, assist borrowers who already have predatory loans, educate consumers about the dangers and pitfalls of entering into a home loan, and refer consumers to appropriate governmental agencies or consumer protection organizations for assistance; (2) 3 members who are officials of State agencies or offices for consumer affairs or consumer protection; (3) 3 members who are private homeowners who are familiar with home mortgages, mortgage refinancing, home equity loans, and home repair loans; and (4) 3 members who are representatives of the private real estate industry, such as realtors, mortgage brokers, and bankers. (c) Terms and Vacancies.--Members of the Council shall serve terms of two years, except that, of the initial members appointed, half shall serve terms of one year and half shall serve terms of two years. A vacancy in the Council shall be filled in the manner in which the original appointment was made. (d) Travel Expenses.--Members of the Council shall serve without compensation but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (e) Chairperson.--The Secretary shall designate a chairperson of the Council at the time of appointment. (f) Meetings and Hearings.--The Council shall meet upon the call of the chairperson, except that the council shall meet not fewer than 3 times per year. The Council shall have the authority, when a majority of the members deem necessary, to hold public hearings and to take testimony and receive evidence from individuals and organizations. (g) Advisory Functions.--The Council shall provide advice to the Secretary regarding-- (1) the grant program under section 3, including advice regarding criteria for selection of applications to receive grant amounts; (2) the establishment, operation, and publication of the toll-free telephone number under section 4; (3) coordination of activities of the Secretary regarding prevention of predatory and unscrupulous lending practices relating to home loans with such activities of lending institutions; and (4) any other matters regarding predatory and unscrupulous lending practices relating to home loans that the Secretary considers appropriate. (h) Study of Defaults and Foreclosures.--The Council shall conduct an extensive study of the root causes of default and foreclosure of home loans, using as much empirical data as are available. The Council shall submit a report to the Secretary and the Congress, not later than 12 months after the full membership of the Council is first appointed, regarding the results of the study, which shall include recommendations for consumer protection legislation regarding predatory and unscrupulous lending practices relating to home loans. SEC. 6. DEFINITIONS. For purposes of this Act, the following definitions shall apply: (1) Home loan.--The term ``home loan'' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one- to four-family residential property or a manufactured home, regardless of where made, including the renewal or refinancing of any such loan. Such term includes a home equity line of credit or home improvement loan or other similar agreement. (2) Nonprofit organization.--The term ``nonprofit organization'' has the meaning given such term in section 104(5) of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704(5)), except that subparagraph (D) of such section shall not apply for purposes of this Act. (3) Predatory or unscrupulous lending practice.--The term ``predatory or unscrupulous lending practice'' includes-- (A) making any loan that-- (i) is solely based on the borrower's home equity; (ii) is made without regard to the borrower's ability to repay the obligation; and (iii) is unaffordable to the borrower, as may be evidenced by a failure to fully understand the terms of the loans, a failure to offer adequate disclosures of the loan terms, a difficulty in meeting overwhelming mortgage payments, loss of a home through foreclosure, or otherwise; (B) inducing a borrower to refinance a loan repeatedly and charging additional points and fees, even though refinancing may not be in the borrower's interest; and (C) engaging in fraud or deception to conceal the true nature of the loan obligation from an unsuspecting or unsophisticated borrower. (4) Secretary.--The term ``Secretary'' means the Secretary of the Treasury. (5) State.--The term ``State'' means each of the several States, the Commonwealth of Puerto Rico, the District of Columbia, the Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territories of the Pacific, or any other possession of the United States. (6) Unit of general local government.--The term ``unit of general local government'' means any city, town, township, parish, village, or other general purpose political subdivision of a State. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for carrying out this Act $55,000,000 for each of fiscal years 2008 through 2012, of which-- (1) not more than $2,000,000 in each such fiscal year shall be for carrying out section 4; and (2) not more than $5,000,000 in each such fiscal year shall be for carrying out section 5. SEC. 8. REGULATIONS. The Secretary may issue any regulations necessary to carry out this Act. | Financial Literacy for Homeowners Act - Authorizes the Secretary of the Treasury to make grants to state and local governments and nonprofit organizations to implement anti-predatory lending activities, including: (1) consumer education programs; (2) certified home ownership counseling programs; and (3) referral services for homeowners and prospective homeowners. Directs the Secretary provide for establishment, operation, and publication of a nationwide toll-free telephone number to receive consumer complaints regarding predatory and unscrupulous lending practices relating to home loans. Establishes the Predatory Lending Advisory Council to: (1) advise the Secretary; and (2) study and report to the Secretary and Congress on the root causes of default and foreclosure of home loans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Securing the Talent America Requires for the 21st Century Act of 2012'' or the ``STAR Act of 2012''. SEC. 2. DEFINITIONS. (a) STEM Field.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by inserting after paragraph (52) the following new paragraph: ``(53) STEM field.--The term `STEM field' means a field of study or occupation included on the 2012 STEM Designated Degree Program List published by the Department of Homeland Security and referred to in section 214.2(f)(11)(C)(2) of title 8, Code of Federal Regulations, (or any similar successor regulation) or any field of study or occupation added to such list by the Secretary of Homeland Security.''. (b) United States Research Institution.--Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)), as amended by subsection (a), is further amended by adding at the end, the following new paragraph: ``(54) United states research institution.--The term `United States research institution' means an institution of higher education that-- ``(A) is described in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); ``(B) received, or is part of a system of institutions of higher education that received, at least $5,000,000 in direct Federal science and engineering funding for research and development in the preceding fiscal year; or ``(C) has been in existence for at least 10 years.''. SEC. 3. LABOR MARKET PROVISIONS. (a) Labor Certification and Qualification for Certain Immigrants.-- Section 212(a)(5)(A)(ii) of such Act (8 U.S.C. 1182(a)(5)(A)(ii)) is amended-- (1) in subclause (I), by striking ``, or'' at the end and inserting a semicolon; (2) in subclause (II), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(III) holds a Master's degree in a STEM field from a United States research institution if the alien will be employed by an employer who engages in a competitive recruitment and selection process and determines that the alien was found to be more qualified than any willing and able United States worker who applied for the job.''. (b) Designation as Shortage Occupations.--A job described in an immigrant petition under paragraph (1) or (2) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) that is filed on behalf of an alien who holds a doctorate degree from a United States research institution in a STEM field (as that term is defined in paragraph (53) of section 101(a) of the Immigration and Nationality Act, as added by section 2(a)) shall be deemed a Schedule A shortage occupation and the petitioner may apply for a certification directly with the appropriate office of the Department of Homeland Security. (c) Labor Certification.--Section 212(a)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) is amended by adding at the end the following: ``(v) Continued validity of labor market test.--A certification made under clause (i) with respect to an individual who seeks to immigrate under section 203(b)(2)(A)(i) shall remain valid if the individual files an immigrant petition under section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)). Recruitment conducted to satisfy clause (i) shall remain valid for an application submitted under clause (ii)(III).''. SEC. 4. ALLOCATION OF VISAS. (a) Worldwide Level of Immigration.--Section 201(d)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(d)(2)) is amended by adding at the end the following: ``(D) In addition to the increase provided under subparagraph (C), the number computed under this paragraph for fiscal year 2013 and subsequent fiscal years shall be increased by 55,000, to be used in accordance with section 203(b)(2)(A)(i).''. (b) Preference Allocation for Employment-Based Immigrants.--Section 203(b)(2)(A) of such Act is amended-- (1) by striking ``Visas shall be''; and inserting the following: ``(i) Advanced degree holders and aliens of exceptional ability.--Visas shall be''; and (2) by adding at the end the following: ``(ii) STEM visa holder.--Visas allocated under section 203(b)(2) shall be made available first to aliens who graduate from a United States research institution with a doctorate or master's degree in a STEM field and who intend to work in a related field. Visas made available under this clause shall not be counted for purposes of computing any percentage of the worldwide level under this subsection.''. (c) Utilizing Visas.--Section 202(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1152(a)(5)) is amended by adding at the end the following: ``(C) Carry over visas.--The total number of visas available under paragraph (1), (2), (3), (4) or (5) of section 203(b) shall be increased by the difference between the number of visas available under section 203(b) in the prior fiscal year and the amount used during that fiscal year.''. SEC. 5. RETAINING STUDENTS IN STEM FIELDS. (a) Dual Intent.--Section 101(a)(15)(F)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) is amended by striking ``an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who'' and inserting ``an alien who is a bona fide student qualified to pursue a full course of study, who (except for a student who intends to pursue a Master's or higher degree in a STEM field from a United States research institution) has a residence in a foreign country which the alien has no intention of abandoning, and who''. (b) Conforming Amendments.-- (1) Presumption of status.--Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking ``(other than a nonimmigrant'' and inserting ``(other than a nonimmigrant described in section 101(a)(15)(F) if the student intends to pursue a Master's or higher degree in a STEM field from a United States research institution)''. (2) Intention to abandon foreign residence.--Section 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by inserting ``(F) (if the student intends to pursue a Master's or higher degree in a field of science, technology, engineering or mathematics from a qualifying research institution)'' before ``(H)(i)(b)''. SEC. 6. RETAINING SKILLED WORKERS SUBJECT TO VISA BACKLOG. (a) In General.--Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended-- (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2) by striking ``(a) The status of'' and inserting the following: ``(a) In General.-- ``(1) Adjustment of status.--The status of''; and (3) by adding at the end the following: ``(2) Supplemental fee.--An application that is based on a petition approved or approvable under subparagraph (E) or (F) of section 204(a)(1) may be filed without regard to the limitation set forth in paragraph (1)(C) if a supplemental fee of $500 is paid by the principal alien at the time the application is filed. A supplemental fee may not be required for any dependent alien accompanying or following to join the principal alien. ``(3) Visa availability.--An application for adjustment filed under this paragraph may not be approved until such time as an immigrant visa becomes available.''. (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended by inserting before the period at the end ``and the fees collected under section 245(a)(2).''. SEC. 7. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM. (a) Worldwide Level of Diversity Immigrants.--Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended-- (1) in subsection (a)-- (A) by inserting ``and'' at the end of paragraph (1); (B) by striking ``; and'' at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3); and (2) by striking subsection (e). (b) Allocation of Diversity Immigrant Visas.--Section 203 of such Act (8 U.S.C. 1153) is amended-- (1) by striking subsection (c); (2) in subsection (d), by striking ``(a), (b), or (c),'' and inserting ``(a) or (b),''; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''; and (5) in subsection (g), by striking ``(a), (b), and (c)'' and inserting ``(a) and (b)''. (c) Procedure for Granting Immigrant Status.--Section 204 of such Act (8 U.S.C. 1154) is amended-- (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking ``(a), (b), or (c)'' and inserting ``(a) or (b)''. (d) Use of Visas.--There shall be 55,000 immigrant visas available for the aliens described in clause (ii) of section 203(b)(2)(A) of such Act (8 U.S.C. 1182(a)(5)(A)), as added by section 4. | Securing the Talent America Requires for the 21st Century Act of 2012 or the STAR Act of 2012 - Amends the Immigration and Nationality Act to allocate 55,000 annual immigrant visas for eligible STEM field (science, technology, engineering, and mathematics) advanced degree graduates of qualifying U.S. research institutions who have job offers in related fields. Exempts from regular labor certification requirements an alien who holds a master's degree in a STEM field from a U.S. research institution if the alien will be employed by an employer who engages in a competitive recruitment and selection process and determines that the alien is more qualified than any U.S. worker who applied for the job. Deems as a shortage occupation a job described in an employment-based immigrant preference petition filed on behalf of an alien who holds a doctorate degree from a U.S. research institution in a STEM field. Permits the petitioner to apply for a certification directly with the Department of Homeland Security (DHS). Includes among employment-based immigrant preferences aliens who graduate from a U.S. research institution with a doctorate or master's degree in a STEM field and intend to work in a related field. Excludes an alien student who intends to pursue an advanced STEM field degree in a U.S. research institution from the foreign student visa requirement that an alien student has a foreign residence which he or she has no intention of abandoning. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public-Private Partnership Advisory Council to End Human Trafficking Act''. SEC. 2. FINDINGS. Congress finds the following: (1) According to a 2014 report by the International Labour Organization, an estimated 20,900,000 people are enslaved in human trafficking worldwide. (2) Slavery is estimated to be a $150,000,000,000 worldwide industry. (3) The Department of State defines ``trafficking in persons'' and ``human trafficking'' as umbrella terms for the act of recruiting, harboring, transporting, providing, or obtaining a person for compelled labor or commercial sex acts through the use of force, fraud, or coercion. (4) Nearly 2,000,000 of the enslaved people are children being forced into sex slavery. (5) Conservative estimates by the International Labour Office indicate that a child sex slave may be raped as many as 10 to 15 times per night. (6) Although many developed regions and countries in the world meet the standards of the Trafficking Victims Protection Act (referred to in this Act as ``TVPA''), there are many developing countries that-- (A) do not attempt to meet the minimum standards of the TVPA; or (B) lack the necessary resources or infrastructure to employ effective anti-trafficking measures. (7) Although slavery is not legal in any country of the world, it is taking place in every country and no country is immune to the consequences of modern slavery. SEC. 3. DEFINITIONS. In this Act: (1) Council.--The term ``Council'' means the Public-Private Partnership Advisory Council to End Human Trafficking. (2) Group.--The term ``Group'' means the Senior Policy Operating Group established under section 105(g) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(g)). (3) Task force.--The term ``Task Force'' means the President's Interagency Task Force to Monitor and Combat Trafficking established under section 105(a) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7103(a)). SEC. 4. PUBLIC-PRIVATE PARTNERSHIP ADVISORY COUNCIL TO END HUMAN TRAFFICKING. (a) Establishment.--There is established the Public-Private Partnership Advisory Council to End Human Trafficking, which shall provide advice and recommendations to the Group and the Task Force. (b) Membership.-- (1) Composition.--The Council shall be composed of not fewer than 8 and not more than 14 representatives of nongovernmental organizations and nonprofit groups who have significant knowledge and experience in anti-human trafficking or rehabilitation and aftercare of human trafficking victims and survivors. (2) Representation of nonprofit and nongovernmental organizations.--To the extent practicable, members of the Council shall be representatives of nonprofit groups and nongovernmental organizations who shall accurately reflect the diverse backgrounds of public-private partnerships for anti- trafficking, including-- (A) anti-trafficking efforts; and (B) rehabilitation and aftercare of human trafficking victims and survivors. (3) Appointment.--Not later than 180 days after the date of the enactment of this Act, the President shall appoint-- (A) 1 member of the Council, after consultation with the President pro tempore of the Senate; (B) 1 member of the Council, after consultation with the Minority Leader of the Senate; (C) 1 member of the Council, after consultation with the Speaker of the House of Representatives; (D) 1 member of the Council, after consultation with the Minority Leader of the House of Representatives; and (E) the remaining members of the Council. (4) Term; reappointment.--Each member of the Council-- (A) shall serve for a term of 2 years; and (B) may be reappointed by the President to serve 1 additional 2-year term. (5) Employee status.--Members of the Council-- (A) shall not be considered employees of the Federal Government for any purpose; and (B) shall not receive compensation. (c) Functions.--The Council shall-- (1) be a nongovernmental advisory body to the Group; (2) meet, at its own discretion or at the request of the Group, not less frequently than annually, to review Federal Government policy and programs intended to combat human trafficking, including programs relating to the provision of services for victims; (3) serve as a point of contact for Federal agencies reaching out to human trafficking nonprofit groups and nongovernmental organizations for input on programming and policies relating to human trafficking in the United States; (4) formulate assessments and recommendations to ensure that the policy and programming efforts of the Federal Government conform, to the extent practicable, to the best practices in the field of human trafficking prevention and rehabilitation and aftercare of human trafficking victims; and (5) meet with the Group not less frequently than annually, and not later than 45 days before a meeting with the Task Force, to formally present the findings and recommendations of the Council. (d) Nonapplicability of FACA.--The Council shall not be subject to the requirements under the Federal Advisory Committee Act (5 U.S.C. App.). SEC. 5. REPORTS. Not later than 1 year after the date of the enactment of this Act and annually thereafter until the date described in section 6, the Council shall submit a report containing the findings derived from the reviews conducted pursuant to section 3(c)(2) to-- (1) the Committee on Appropriations of the Senate; (2) the Committee on Foreign Relations of the Senate; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on the Judiciary of the Senate; (5) the Committee on Appropriations of the House of Representatives; (6) the Committee on Foreign Affairs of the House of Representatives; (7) the Committee on Homeland Security of the House of Representatives; (8) the Committee on the Judiciary of the House of Representatives; (9) the chair of the Task Force; and (10) the members of the Group. SEC. 6. SUNSET. The Council shall terminate on September 30, 2020. | Public-Private Partnership Advisory Council to End Human Trafficking Act This bill establishes the Public-Private Partnership Advisory Council to End Human Trafficking. The council must provide advice and recommendations to the Senior Policy Operating Group and the President's Interagency Task Force to Monitor and Combat Trafficking. |
290 (106 Congress) is repealed. (d) Expiration.-- (1) Gramm-rudman-hollings.--Section 275(b) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 note) is amended-- (A) by striking ``2002'' and inserting ``2007''; and (B) by striking ``2006'' and inserting ``2011''. (2) Congressional budget act.--Section 904(e) of the Congressional Budget Act of 1974 (2 U.S.C. 621 note) is amended by striking ``2002'' and inserting ``2007''. SEC. 3. EXTENSION OF PAY-AS-YOU-GO REQUIREMENT. Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902) is amended -- (1) in subsections (a) and (b)(1), by striking ``enacted before October 1, 2002,'' and inserting ``enacted before October 1, 2007''; and (2) in subsection (b) by inserting at the end thereof the following: ``(3) Exception.--Notwithstanding any other provision of law, there shall be no sequestration under this section for any fiscal year in which a surplus exists (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990).''. SEC. 4. POINT OF ORDER TO REQUIRE COMPLIANCE WITH THE DISCRETIONARY SPENDING LIMITS AND PAY-AS-YOU-GO. Section 312(b) of the Congressional Budget Act of 1974 (2 U.S.C. 643(b)) is amended to read as follows: ``(b) Discretionary Spending Limit And Pay-As-You-Go Point of Order in the Senate.-- ``(1) In general.--Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any bill or resolution or any separate provision of a bill or resolution (or amendment, motion, or conference report on that bill or resolution) that would-- ``(A) exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 or any suballocation of such limits among subcommittees under section 302(b); or ``(B) for direct spending or revenue legislation, would cause or increase a deficit (as measured in conformance with section 13301 of the Budget Enforcement Act of 1990) for any one of the following three applicable time periods: ``(i) the first year covered by the most recently adopted concurrent resolution on the budget; ``(ii) the period of the first 5 fiscal years covered by the most recently adopted concurrent resolution on the budget; or ``(iii) the period of the 5 fiscal years following the first five fiscal years covered in the most recently adopted concurrent resolution on the budget. ``(2) Budget resolutions.--Except as otherwise provided in paragraph (6), it shall not be in order in the Senate to consider any concurrent resolution on the budget (or amendment, motion, or conference report on that concurrent resolution) that would exceed any of the discretionary spending limits set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985. ``(3) Point of order against a specific provision.--If the Presiding Officer sustains a point of order under paragraph (1) with respect to any separate provision of a bill or resolution, that provision shall be stricken from the measure and may not be offered as an amendment from the floor. ``(4) Form of the point of order.--A point of order under this section may be raised by a Senator as provided in section 313(e). ``(5) Conference reports.--If a point of order is sustained under this section against a conference report the report shall be disposed of as provided in section 313(d). ``(6) Exceptions.--This subsection shall not apply if a declaration of war by the Congress is in effect or if a joint resolution pursuant to section 258 of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.''. SEC. 5. ENFORCEMENT AGAINST BUDGET EVASION. (a) In General.--Title III of the Congressional Budget Act of 1974 is amended by inserting at the end the following: ``budget evasion point of order ``Sec. 316. (a) Discretionary Spending Limits.--It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 251 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the spending limits set forth in that section. ``(b) Pay-As-You-Go.--It shall not be in order to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that waives or suspends the enforcement of section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 or otherwise would alter the balances of the pay-as-you-go scorecard pursuant to that section. ``(c) Directed Scoring.--It shall not be in order in the Senate to consider any bill or resolution (or amendment, motion, or conference report on that bill or resolution) that directs the scorekeeping of any bill or resolution. ``(d) Waiver and Appeal.--This section may be waived or suspended in the Senate only by an affirmative vote of three-fifths of the Members, duly chosen and sworn. An affirmative vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order raised under this section.''. (b) Table of Contents.--The table of contents for the Congressional Budget Act of 1974 is amended by inserting after the item for section 315 the following: ``316. Budget evasion point of order.''. | Budget Enforcement Act of 2002 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to extend through FY 2007 the discretionary spending limits (spending caps) for specified nondefense categories in new budget authority and outlays.Extends the provisions of such Act for an additional five years, including the pay-as-you-go requirement. Prohibits sequestration in any surplus year.Amends the Congressional Budget Act of 1974 concerning budget evasion points of order against legislation which evades specified budget enforcement mechanisms such as the discretionary spending limits, pay-as-you-go, and directed scoring. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Product Safety Notification and Recall Effectiveness Act of 2003''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The Consumer Product Safety Commission conducts approximately 300 recalls of hazardous, dangerous, and defective consumer products each year. (2) In developing comprehensive corrective action plans with recalling companies, the Consumer Product Safety Commission staff greatly relies upon the media and retailers to alert consumers to the dangers of unsafe consumer products, because the manufacturers do not generally possess contact information regarding the purchasing consumers. Based upon information received from companies maintaining customer registration lists, such contact information is known for generally less than 7 percent of the total consumer products produced and distributed. (3) The Consumer Product Safety Commission has found that the consumers of the other 93 percent of consumer products produced and distributed do not return purchaser identification cards because of requests for marketing and personal information in the cards, and the likelihood of receiving unsolicited marketing materials. (4) The Consumer Product Safety Commission has conducted research demonstrating that direct consumer contact is one of the most effective ways of motivating consumer response to a consumer product recall. (5) Companies that maintain consumer product purchase data, such as product registration cards, warranty cards, and rebate cards, are able to effectively notify consumers of a consumer product recall. (6) The Consumer Product Safety Commission staff has found that a consumer product safety owner card, without marketing questions or requests for personal information, that accompanied products such as small household appliances and juvenile products would increase consumer participation and information necessary for direct notification in consumer product recalls. (7) The National Highway Traffic Safety Administration has, since March 1993, required similar simplified, marketing-free product registration cards on child safety seats used in motor vehicles, and has found that this has been successful in increasing recall compliance rates. (b) Purpose.--The purpose of this Act is to reduce the number of deaths and injuries from defective and hazardous consumer products through improved recall effectiveness, by-- (1) requiring the Consumer Product Safety Commission to promulgate a consumer products safety standard to require manufacturers of juvenile products, small household appliances, and certain other consumer products, to include a simplified product safety owner card with those consumer products at the time of original purchase by consumers, or develop effective electronic registration of the first purchasers of such products, to develop a customer database for the purpose of notifying consumers about recalls of those products; and (2) encouraging manufacturers, private labelers, retailers, and others to use creativity and innovation to create and maintain effective methods of notifying consumers in the event of a consumer product recall. SEC. 3. DEFINITIONS. For purposes of this Act: (1) Terms defined in consumer product safety act.--The definitions set forth in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) shall apply to this Act. (2) Covered consumer product.--The term ``covered consumer product'' means-- (A) a juvenile product; (B) a small household appliance; and (C) such other consumer product as the Commission considers appropriate for achieving the purpose of this Act. (3) Juvenile product.--The term ``juvenile product''-- (A) means a durable consumer product intended for use, or that may be reasonably expected to be used, by children under the age of 5 years; and (B) includes, but is not limited to-- (i) full-size cribs and nonfull-size cribs; (ii) toddler beds; (iii) high chairs, booster chairs, and hook-on chairs; (iv) bath seats; (v) gates and other enclosures for confining a child; (vi) playpens; (vii) stationary activity centers; (viii) strollers; (ix) walkers; (x) swings; (xi) child carriers; (xii) bassinets and cradles; and (xiii) children's toys. (4) Product safety owner card.--The term ``product safety owner card'' means a standardized product identification card supplied with a consumer product by the manufacturer of the product, at the time of original purchase by the first purchaser of such product for purposes other than resale, that only requests that the consumer of such product provide to the manufacturer a minimal level of personal information needed to enable the manufacturer to contact the consumer in the event of a recall of the product. (5) Small household appliance.--The term ``small household appliance'' means a consumer product that is a toaster, toaster oven, blender, food processor, coffee maker, or other similar small appliances. SEC. 4. CONSUMER PRODUCTS SAFETY STANDARD REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN CONSUMER PRODUCTS. (a) In General.--The Commission shall promulgate a consumer products safety standard under section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)) that requires that the manufacturer of a covered consumer product shall establish and maintain a system for providing notification of recalls of such product to consumers of such product. (b) Requirement to Create Database.-- (1) In general.--The standard shall require that the system include use of product safety owner cards, Internet registration, or an alternative method specified by the standard, to create a database of information regarding consumers of covered consumer products, for the sole purpose of notifying such consumers of recalls of such products. (2) Use of technology.--Alternative methods specified in the standard may include use of on-line product registration and consumer notification, consumer information data bases, electronic tagging and bar codes, embedded computer chips in consumer products, or other electronic and design strategies to notify consumers about product recalls, that the Commission determines will increase the effectiveness of recalls of covered consumer products. (c) Use of Commission Staff Proposal.--The standard shall be substantially the same as the Commission staff draft entitled ``Advanced Notice of Proposed Rulemaking entitled Purchaser Owner Card Program'', dated June 19, 2001. (d) Deadlines.--The Commission-- (1) shall issue a proposed standard under this section by not later than 90 days after the date of the enactment of this Act; and (2) shall promulgate a final standard under this section by not later than 270 days after the date of the enactment of this Act. | Product Safety Notification and Recall Effectiveness Act of 2003 - Instructs the Consumer Product Safety Commission to promulgate a consumer product safety standard that requires the manufacturer of a covered consumer product to establish and maintain a consumer notification system for product recalls.Prescribes database requirements. |
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``California Coastal National Monument Expansion Act of 2012''. (b) Definitions.--In this Act: (1) Monument.--The term ``Monument'' means the California Coastal National Monument established by Presidential Proclamation 7264, issued January 11, 2000. (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (3) Map.--The term ``map'' means the map created by the Bureau of Land Management, entitled ``California Coastal National Monument Addition'' and dated April 23, 2012. (4) Point arena-stornetta public lands.--The term ``Point Arena-Stornetta Public Lands'' means the Federal lands comprising approximately 1,255 acres in Mendocino County, California, as generally depicted on the map titled ``California Coastal National Monument Addition'' and dated April 23, 2012. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds as follows: (1) The Point Arena-Stornetta Public Lands contain significant natural resources, including important wildlife habitat, several riparian corridors, extensive wetlands, ponds and other water sources, cypress groves, meadows, and sand dunes that should be preserved for present and future generations. (2) The ocean and coastal ecosystems adjacent to the Point Arena-Stornetta Public Lands are internationally recognized as significant centers of coastal upwelling that support the diverse, abundant and productive marine ecosystems and wildlife underlying the local economy and identity of coastal communities. (3) The Point Arena-Stornetta Public Lands tell an important story about California's coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Point Arena-Stornetta Public Lands was traditionally used by Indian people, including the Pomo Indian tribes. (5) The Point Arena-Stornetta Public Lands are historically associated with adjacent lands managed for the enjoyment of current and future generations, including the Arena Rock Marine Natural Preserve, and Manchester Beach State Park. (6) The Point Arena-Stornetta Public Lands represent a model partnership where future management can be successfully accomplished among the Federal Government, State of California, Mendocino County, local communities, and private groups. (7) Permanent protection of the Point Arena-Stornetta Public Lands will provide important economic benefits to surrounding communities, and has broad public support. (8) The Point Arena-Stornetta Public Lands would make a significant addition to the California Coastal National Monument and National Landscape Conservation System administered by the Department of the Interior's Bureau of Land Management. (9) Statutory protection is needed for Point Arena- Stornetta Public Lands to ensure that it remains a part of our historic, cultural, and natural heritage and a source of inspiration for the people of the United States. (b) Purpose.--The purpose of this Act is to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Point Arena-Stornetta Public Lands, while allowing certain recreational and research activities to continue. SEC. 3. EXPANSION OF CALIFORNIA COASTAL NATIONAL MONUMENT. (a) In General.--The boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, is expanded to include the Federal land shown on the map. These lands shall be managed under the provisions of Presidential Proclamation 7264. (b) Map and Legal Description.-- (1) As soon as practicable after the date of the enactment of this Act, the Secretary shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and boundary description of lands added to the Monument by this Act. (2) Force and effect.--The map and boundary description filed under subsection (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any minor errors in the maps and boundary descriptions. (3) Availability of map and boundary description.--The map and boundary description filed under subsection (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management. SEC. 4. ADMINISTRATION. (a) In General.--The Secretary shall manage these lands as a part of the California Coastal National Monument established under the provisions of Presidential Proclamation 7264. (b) Management Plan.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall finalize an amendment to the Monument management for the long-term protection and management of the lands added to the Monument by this Act. The plan amendment shall be developed with full public participation and shall describe the appropriate uses and management of the lands consistent with this Act. (c) Motorized and Mechanized Transport.--Except as needed for emergency or authorized administrative purposes, the use of motorized and mechanized vehicles in the monument shall be permitted only on roads and trails designated for their use. (d) Incorporation of Lands and Interests.-- (1) Authority.--The Secretary may acquire non-Federal land or interests in land within or adjacent to the lands added to the Monument by this Act only through exchange, donation, or purchase from a willing seller. (2) Management.--Any lands or interests in land within or adjacent to the lands added to the Monument by this Act acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Monument. (e) Overflights.--Nothing in this Act shall be construed to-- (1) restrict or preclude overflights, including low-level overflights, military, commercial, and general aviation overflights that can be seen or heard within to the lands added to the Monument by this Act; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over to the lands added to the Monument by this Act; or (3) modify regulations governing low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary. (f) Law Enforcement.--Nothing in this act effects the Department of Homeland Security law enforcement authorities. (g) Native American Uses.--Nothing in this act enlarges or diminishes the rights of any Indian tribe or Indian religious community. (h) Buffer Zones.-- (1) In general.--The expansion of the Monument is not intended to lead to the creation of protective perimeters or buffer zones around the lands included in the Monument by this Act. (2) Activities outside the monument.--The fact that activities outside the Monument can be seen or heard within the lands added to the Monument by this Act shall not, of itself, preclude such activities or uses up to the boundary of the Monument. (i) National Landscape Conservation System.--The Secretary shall manage the Monument as part of the National Landscape Conservation System. | California Coastal National Monument Expansion Act of 2012 - Expands the boundary of the California Coastal National Monument, established by Presidential Proclamation 7264, to include the Point Arena-Stornetta public lands in Mendocino County, California. Requires management of such lands: (1) under the provisions of such Proclamation, and (2) as part of the Monument. Instructs the Secretary of the Interior to finalize an amendment to the management of the Monument for the long-term protection and management of the lands added to the Monument under this Act. Permits the use of motorized and mechanized vehicles in the Monument only on roads and trails designated for their use. Specifies this Act's effect on: (1) aviation overflights, special use airspace, or military flight training routes; (2) low-level overflights above the adjacent Gulf of the Farallones National Marine Sanctuary; (3) Department of Homeland Security (DHS) law enforcement authorities; (4) the rights of Indian tribes and Indian religious communities; and (5) protective perimeters and buffer zones. Requires management of the Monument as part of the National Landscape Conservation System. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Neighbor to Neighbor Act''. SEC. 2. DEDUCTION FOR PORTION OF CHARITABLE CONTRIBUTIONS TO BE ALLOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. (a) In General.--Section 170 of the Internal Revenue Code of 1986 (relating to charitable, etc., contributions and gifts) is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: ``(m) Deduction for Individuals Not Itemizing Deductions.-- ``(1) In general.--In the case of an individual who does not itemize the individual's deductions for the taxable year, the amount allowable under subsection (a) shall be taken into account as a direct charitable deduction under section 63. ``(2) Limitation.--The portion of the amount allowable under subsection (a) to which paragraph (1) applies for the taxable year shall not exceed the amount in effect for such taxable year under section 63(c)(2)(C) (section 63(c)(2)(A) in the case of a joint return under section 6013).''. (b) Direct Charitable Deduction.-- (1) In general.--Section 63(b) of such Code (relating to individuals who do not itemize their deductions) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the direct charitable deduction.''. (2) Definition.--Section 63 of such Code (relating to taxable income defined) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: ``(g) Direct Charitable Deduction.--For purposes of this section, the term `direct charitable deduction' means that portion of the amount allowable under section 170(a) which is taken as a direct charitable deduction for the taxable year under section 170(m).''. (3) Conforming amendment.--Section 63(d) of such Code (defining itemized deductions) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the direct charitable deduction.''. (c) Time When Contributions Deemed Made.--Section 170(f) of such Code (relating to disallowance of deduction in certain cases and special rules) is amended by adding at the end the following new paragraph: ``(10) Time when contributions deemed paid.--For purposes of this section, in the case of an individual, a taxpayer shall be deemed to have paid a charitable contribution on the last day of the preceding taxable year if the contribution is paid on account of such taxable year and is paid not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof).''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 3. CHARITABLE DEDUCTION EXCEPTION TO OVERALL LIMITATION ON ITEMIZED DEDUCTIONS. (a) In General.--Subsection (c) of section 68 of the Internal Revenue Code of 1986 (relating to exception for certain itemized deductions) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following: ``(4) the deduction under section 170 (relating to charitable, etc., contributions and gifts).''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 4. REPEAL OF SPECIAL LIMITATION ON CONTRIBUTIONS OF CAPITAL GAIN PROPERTY. (a) In General.--Paragraph (1) of section 170(b) of the Internal Revenue Code of 1986 (relating to percentage limitations on charitable contributions by individuals) is amended-- (1) by striking subparagraphs (C) and (D), and (2) by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively. (b) Conforming Amendments.-- (1) Subparagraph (B) of section 170(e)(5) of such Code is amended-- (A) in clause (ii) by striking ``(as defined in subsection (b)(1)(C)(iv))'', and (B) by adding at the end the following new flush sentence: ``For purposes of clause (ii), the term `capital gain property' means with respect to any contribution, any capital asset the sale of which at its fair market value at the time of the contribution would have resulted in gain which would have been long-term capital gain. For purposes of the preceding sentence, any property which is property used in the trade or business (as defined in section 1231(b)) shall be treated as a capital asset.''. (2) Section 545(b)(2) of such Code is amended by striking ``section 170(b)(1)(A), (B), and (D)'' and inserting ``section 170(b)(1)(A) and (B)''. (3) Section 556(b)(2) of such Code is amended by striking ``section 170(b)(1)(A), (B), and (D)'' and inserting ``section 170(b)(1)(A) and (B)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 5. EXTENSION OF CARRYOVER PERIOD FOR EXCESS CONTRIBUTIONS. (a) In General.--The following provisions of section 170 of the Internal Revenue Code of 1986 are each amended by striking ``5'' and inserting ``10'': (1) Subsection (d)(1)(A) (general rule for carryovers of excess contributions by individuals). (2) Subsection (d)(2)(A) (general rule for carryovers of excess contributions by corporations). (3) Subsection (b)(1)(B) (relating to percent limitation on other contributions by individuals). (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. SEC. 6. TAX-FREE DISTRIBUTIONS FROM INDIVIDUAL RETIREMENT ACCOUNTS FOR CHARITABLE PURPOSES. (a) In General.--Subsection (d) of section 408 of the Internal Revenue Code of 1986 (relating to individual retirement accounts) is amended by adding at the end the following new paragraph: ``(8) Distributions for charitable purposes.-- ``(A) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account to an organization described in section 170(c). ``(B) Special rules relating to charitable remainder trusts, pooled income funds, and charitable gift annuities.-- ``(i) In general.--No amount shall be includible in gross income by reason of a qualified charitable distribution from an individual retirement account-- ``(I) to a charitable remainder annuity trust or a charitable remainder unitrust (as such terms are defined in section 664(d)), ``(II) to a pooled income fund (as defined in section 642(c)(5)), or ``(III) for the issuance of a charitable gift annuity (as defined in section 501(m)(5)). The preceding sentence shall apply only if no person holds an income interest in the amounts in the trust, fund, or annuity attributable to such distribution other than one or more of the following: the individual for whose benefit such account is maintained, the spouse of such individual, or any organization described in section 170(c). ``(ii) Determination of inclusion of amounts distributed.--In determining the amount includible in the gross income of any person by reason of a payment or distribution from a trust referred to in clause (i)(I) or a charitable gift annuity (as so defined), the portion of any qualified charitable distribution to such trust or for such annuity which would (but for this subparagraph) have been includible in gross income-- ``(I) shall be treated as income described in section 664(b)(1), and ``(II) shall not be treated as an investment in the contract. ``(iii) No inclusion for distribution to pooled income fund.--No amount shall be includible in the gross income of a pooled income fund (as so defined) by reason of a qualified charitable distribution to such fund. ``(C) Qualified charitable distribution.--For purposes of this paragraph, the term `qualified charitable distribution' means any distribution from an individual retirement account-- ``(i) which is made on or after the date that the individual for whose benefit the account is maintained has attained age 59\1/2\, and ``(ii) which is made directly from the account to-- ``(I) an organization described in section 170(c), or ``(II) a trust, fund, or annuity referred to in subparagraph (B). ``(D) Denial of deduction.--The amount allowable as a deduction under section 170 to the taxpayer for the taxable year shall be reduced (but not below zero) by the sum of the amounts of the qualified charitable distributions during such year which would be includible in the gross income of the taxpayer for such year but for this paragraph.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2000. SEC. 7. REPEAL OF EXCISE TAX ON NET INVESTMENT INCOME OF TAX-EXEMPT FOUNDATIONS. (a) Repeal.--Subsection (a) of section 4940 of the Internal Revenue Code of 1986 (relating to excise tax based on investment income) is repealed. (b) Conforming Amendments.-- (1) Section 4940 of such Code is amended-- (A) by redesignating subsections (b), (c), and (d) as subsections (a), (b), and (c), respectively, (B) by striking subsection (e), and (C) in subsection (a), as redesignated by paragraph (1), by striking ``(A) the tax imposed under subsection (a) (computed as if such subsection applied to such private foundation for the taxable year),'' and inserting ``(A) an amount equal to 2 percent of the net investment income of such foundation for the taxable year,''. (2) Section 4942(f)(3)(A) of such Code is amended by striking ``section 4940(c)(3)(B)'' and inserting ``section 4940(b)(3)(B)''. (3) Section 4945(d)(4)(A) of such Code is amended by striking ``section 4940(d)(2)'' and inserting ``section 4940(c)(2)''. (4) Section 4948(a) of such Code is amended by striking ``section 4940(c)(2)'' and inserting ``section 4940(b)(2)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Neighbor to Neighbor Act - Amends the Internal Revenue Code respecting charitable contributions to: (1) allow non-itemizing taxpayers a limited charitable deduction; (2) exclude charitable deductions from the income-based limitation on itemized deductions: (3) repeal the special limitation on charitable contributions of capital gain property; (4) extend the excess contribution carryover period; and (5) allow tax-free distributions from individual retirement accounts (IRAs) for qualifying charitable purposes.Repeals the excise tax on the net income of tax-exempt foundations. |
SECTION 1. FINDINGS. Congress finds the following: (1) The National Technical Information Service (referred to in this Act as ``NTIS''), the National Archives and Records Administration, the Government Accountability Office (referred to in this section as ``GAO''), and the Library of Congress all collect, categorize, and distribute government information. (2) NTIS was established in 1950, more than 40 years before the creation of the Internet. (3) NTIS is tasked with collecting and distributing government-funded scientific, technical, engineering, and business-related information and reports. (4) GAO found that NTIS sold only 8 percent of the 2,500,000 reports in its collection between 1995 and 2000. (5) A November 2012 GAO review of NTIS made the following conclusions: (A) ``Of the reports added to NTIS's repository during fiscal years 1990 through 2011, GAO estimates that approximately 74 percent were readily available from other public sources.''. (B) ``These reports were often available either from the issuing organization's website, the Federal Internet portal (http://www.USA.gov) or from another source located through a web search.''. (C) ``The source that most often had the report [GAO] was searching for was another website located through http://www.Google.com.''. (D) ``95 percent of the reports available from sources other than NTIS were available free of charge.''. (6) No Federal agency should use taxpayer dollars to purchase a report from the National Technical Information Service that is available through the Internet for free. (7) As far back as 1999, Secretary of Commerce William Daley-- (A) admitted that the National Technical Information Service would eventually outlive its usefulness and be unable to sustain its revenue-losing profit model; (B) explained that ``declining sales revenues soon would not be sufficient to recover all of NTIS' operating costs''; and (C) attributed this ``decline to other agencies' practice of making their research results available to the public for free through the Web''. (8) According to the November 2012 GAO report-- (A) ``NTIS product expenditures exceeded revenues for 10 out of the past 11 fiscal years.''; (B) ``The agency lost, on average, about $1.3 million over the last 11 years on its products.''; and (C) ``The decline in revenue for its products continues to call into question whether NTIS's basic statutory function of acting as a self-financing repository and disseminator of scientific and technical information is still viable.''. (9) NTIS has compensated for its lost revenue by charging other Federal agencies for various services that are not associated with NTIS's primary mission. (10) Future technological advances will ensure that the services offered by NTIS are even more superfluous for essential government functions than they are today. SEC. 2. NATIONAL TECHNICAL INFORMATION SERVICE. (a) Repeal.--Effective on the date that is 1 year after the date of the enactment of this Act, the National Technical Information Act of 1988 (subtitle B of title II of Public Law 100-519; 15 U.S.C. 3704b) is repealed. (b) Transfer of Critical Functions.-- (1) Consultation requirement.--The Secretary of Commerce, the Archivist of the United States, the Comptroller General of the United States, and the Commissioner of Social Security shall consult with the Director of the Office of Management and Budget to determine if any function of the National Technical Information Service is critical to the economy of the United States. (2) GAO certification.--The Comptroller General shall determine which of the critical functions identified pursuant to paragraph (1) are not being carried out by any other agency or instrumentality of the Federal Government. (3) Transfers authorized.--Before the effective date set forth in subsection (a), the Secretary of Commerce may transfer the responsibility for any critical function of NTIS (as identified under paragraph (1)) that is not otherwise being carried out (as determined under paragraph (2)) to another office within the Department of Commerce. (c) Abolition of Functions.--Except for the functions transferred pursuant to subsection (b), all functions of the National Technical Information Service immediately before the repeal date described in subsection (a) are abolished on such repeal date. SEC. 3. SECRETARY OF COMMERCE CERTIFICATION. Before the effective date set forth in section 2(a), the Secretary of Commerce shall submit a written certification to the Committee on Finance of the Senate and the Committee on Energy and Commerce of the House of Representatives that all of the operations of the National Technical Information Service have been terminated. | Repeals the National Technical Information Act of 1988, effective one year after the enactment of this Act (thus abolishes the National Technical Information Service [NTIS]). Directs: (1) the Secretary of Commerce, the Archivist of the United States, the Comptroller General (GAO), and the Commissioner of Social Security to consult with the Director of the Office of Management and Budget (OMB) to determine if any NTIS function is critical to the U.S. economy; (2) the Comptroller General to determine which of any such critical functions are not being carried out by any other agency or instrumentality of the federal government; and (3) the Secretary of Commerce, prior to the effective date of this Act, to submit to the House Committee on Energy and Commerce and the Senate Committee on Finance a written certification that all NTIS operations have been terminated. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act''. SEC. 2. FINDINGS. Congress finds the following: (1) September 2007, marks the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. (2) In 1957, Little Rock Central High School was the site of the first major national test for the implementation of the historic decision of the United States Supreme Court in Brown, et al. v. Board of Education of Topeka, et al., 347 U.S. 483 (1954). (3) The courage of the ``Little Rock Nine'' (Ernest Green, Elizabeth Eckford, Melba Pattilo, Jefferson Thomas, Carlotta Walls, Terrence Roberts, Gloria Ray, Thelma Mothershed and Minnie Jean Brown), who stood in the face of violence, was influential to the Civil Rights movement and changed American history by providing an example on which to build greater equality. (4) The desegregation of Little Rock Central High School by the 9 African American students was recognized by Dr. Martin Luther King, Jr. as such a significant event in the struggle for civil rights that in May 1958, he attended the graduation of the first African American from Little Rock Central High School. (5) A commemorative coin will bring national and international attention to the lasting legacy of this important event. SEC. 3. COIN SPECIFICATIONS. (a) Denominations.--The Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall mint and issue not more than 500,000 $1 coins, each of which shall-- (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal Tender.--The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic Items.--For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. SEC. 4. DESIGN OF COINS. (a) Design Requirements.--The design of the coins minted under this Act shall be emblematic of the desegregation of the Little Rock Central High School and its contribution to civil rights in America. (b) Designation and Inscriptions.--On each coin minted under this Act there shall be-- (1) a designation of the value of the coin; (2) an inscription of the year ``2007''; and (3) inscriptions of the words ``Liberty'', ``In God We Trust'', ``United States of America'', and ``E Pluribus Unum''. (c) Selection.--The design for the coins minted under this Act shall be-- (1) selected by the Secretary, after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee established under section 5135 of title 31, United States Code. SEC. 5. ISSUANCE OF COINS. (a) Quality of Coins.--Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint Facility.--Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Commencement of Issuance.--The Secretary may issue coins minted under this Act beginning January 1, 2007, except that the Secretary may initiate sales of such coins, without issuance, before such date. (d) Termination of Minting Authority.--No coins shall be minted under this Act after December 31, 2007. SEC. 6. SALE OF COINS. (a) Sale Price.--Notwithstanding any other provision of law, the coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins, the surcharge required under section 7(a) for the coins, and the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing). (b) Bulk Sales.--The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders at a Discount.-- (1) In general.--The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount.--Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. SEC. 7. SURCHARGES. (a) Surcharge Required.--All sales shall include a surcharge of $10 per coin. (b) Distribution.--Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be equally divided and promptly paid by the Secretary to-- (1) the Jefferson National Parks Association for the purpose of providing support for programs and other developmental activities at the Little Rock Central High National Historic Site and support for the ongoing mission of the Little Rock Central High National Historic Site; and (2) the Secretary of the Interior for site improvements at the Little Rock Central High National Historic Site, including the establishment of cooperative agreements to preserve and restore the historic character of the vicinity in the historic site's boundaries. (c) Audits.--The Jefferson National Parks Association shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received by the Association under subsection (b). (d) Supplemental Funds.--The surcharges provided to the Secretary of the Interior under this section are intended by the Congress to supplement amounts provided to such Secretary in appropriation Acts for the Little Rock Central High National Historic Site and are not intended to be a substitute for such appropriated amounts. | Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the desegregation of the Little Rock Central High School and its contribution to civil rights in America, beginning January 1, 2007. Terminates such minting authority after December 31, 2007. States that all sales shall include a surcharge of $10 per coin, to be equally divided and paid to: (1) the Jefferson National Parks Association for the purpose of providing support for programs and other developmental activities at the Little Rock Central High National Historic Site and support for the ongoing mission of the Little Rock Central High National Historic Site; and (2) the Secretary of the Interior for site improvements at the Little Rock Central High National Historic Site, including the establishment of cooperative agreements to preserve and restore the historic character of the vicinity in the historic site's boundaries. States that Congress intends for such surcharges to supplement amounts provided to the Secretary in appropriation Acts for the Little Rock Central High National Historic Site, and are not intended to be a substitute for such appropriated amounts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``2004 District of Columbia Omnibus Authorization Act''. SEC. 2. REQUIRING SUBMISSION OF PLAN BY SCHOOL BOARD FOR ALLOCATION OF FUNDS UNDER MAYOR'S PROPOSED BUDGET. Section 452 of the District of Columbia Home Rule Act (sec. 1- 204.52, D.C. Official Code) is amended-- (1) in the first sentence, by striking ``With respect to'' and inserting ``(a) Role of Mayor and Council.--With respect to''; (2) in the second sentence, by striking ``This section'' and inserting ``This subsection''; and (3) by adding at the end the following new subsection: ``(b) Plan for Allocation of Funds Under Proposed Budget.-- ``(1) Submission of plan to council.--Not later than March 1 of each year or the date on which the Mayor makes the proposed annual budget for a year available under section 442 (whichever occurs later), the Board of Education shall submit to the Council a plan for the allocation of the Mayor's proposed budget among various object classes and responsibility centers (as defined under regulations of the Board). ``(2) Contents.--The plan submitted under this subsection shall include a detailed presentation of how much money will be allocated to each school, including-- ``(A) a specific description of the amount of funds available to the school for which spending decisions are under the control of the school; and ``(B) a specific description of other responsibility center funds which will be spent in a manner directly benefiting the school, including funds which will be spent for personnel, equipment and supplies, property maintenance, and student services.''. SEC. 3. MULTIYEAR CONTRACTING AUTHORITY AND LEASING AGREEMENTS FOR DISTRICT OF COLUMBIA COURTS. (a) Authority.--Subchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after section 11-1742 the following new section: ``Sec. 11-1742a. Multiyear contracting authority and leasing agreements ``(a) Severable Services Contracts for Periods Crossing Fiscal Years.--The Executive Officer may enter into a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under section 303L of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253l). ``(b) Multiyear Leasing Agreements.-- ``(1) Authority.--The Executive Officer may enter into a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate the District of Columbia courts. ``(2) Terms.--A lease agreement under this subsection shall be on terms the Executive Officer considers to be in the interest of the Federal Government and the District of Columbia and necessary for the accommodation of the District of Columbia courts. However, the lease agreement may not bind the District of Columbia courts for more than 10 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31, United States Code. ``(c) Multiyear Contracts.-- ``(1) Authority.--The Executive Officer may enter into a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under section 304B of title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254c). In applying such authority-- ``(A) in section 304B(a)(2)(B)-- ``(i) `the best interests of the District of Columbia and the Federal Government' shall be substituted for `the best interests of the United States'; and ``(ii) `the courts' programs' shall be substituted for `the agency's programs'; ``(B) the second sentence of section 304B(b), and subsection (e), shall not apply; and ``(C) in section 304B(c), `$5,000,000' shall be substituted for `$10,000,000'. ``(2) Cancellation or termination for insufficient funding after first year.--In the event that funds are not made available for the continuation of a multiyear contract for services into a subsequent fiscal year, the contract shall be canceled or terminated, and the costs of cancellation or termination may be paid from-- ``(A) appropriations originally available for the performance of the contract concerned; ``(B) appropriations currently available for procurement of the type of services concerned, and not otherwise obligated; or ``(C) funds appropriated for those payments.''. (b) Clerical Amendment.--The table of sections for subchapter III of chapter 17 of title 11, District of Columbia Code, is amended by inserting after the item relating to section 11-1742 the following new item: ``11-1742a. Multiyear contracting authority and leasing agreements.''. SEC. 4. ESTABLISHMENT OF ACADEMIC YEAR AS FISCAL YEAR FOR DISTRICT OF COLUMBIA SCHOOLS. Section 441 of the District of Columbia Home Rule Act (sec. 1- 204.41, D.C. Official Code) is amended-- (1) in the first sentence, by striking ``The fiscal year'' and inserting ``(a) In General.--Except as provided in subsection (b), the fiscal year''; (2) by striking the third sentence; and (3) by adding at the end the following new subsection: ``(b) Exceptions.-- ``(1) Armory board.--The fiscal year for the Armory Board shall begin on the first day of January and shall end on the thirty-first day of December of each calendar year. ``(2) Schools.--Effective with respect to fiscal year 2007 and each succeeding fiscal year, the fiscal year for the District of Columbia Public Schools (including public charter schools) and the University of the District of Columbia shall begin on the first day of July and end on the thirtieth day of June of each calendar year.''. SEC. 5. EXTENSION OF DEADLINE FOR COUNCIL TO ADOPT BUDGET TO ACCOUNT FOR DAYS OF RECESS. Section 446(a) of the District of Columbia Home Rule Act (sec. 1- 204.46(a), D.C. Official Code), as amended by section 101(a), is amended by striking ``50 calendar days'' and inserting ``56 calendar days''. SEC. 6. EXEMPTION OF DISTRICT GOVERNMENT EMPLOYEES ON COMPRESSED SCHEDULE FROM FEDERAL OVERTIME REQUIREMENTS. (a) In General.--Section 7 of the Fair Labor Standards Act (29 U.S.C. 207) shall not apply to the hours of an employee of the District of Columbia government which constitute a compressed schedule. (b) Compressed Schedule Defined.--In this section, the term ``compressed schedule'' means-- (1) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and (2) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays. (c) Effective Date.--This section shall apply with respect to hours occurring on or after the date of the enactment of this Act. SEC. 7. AVAILABILITY OF ENFORCED ANNUAL LEAVE OR ENFORCED LEAVE WITHOUT PAY AS DISCIPLINARY ACTION FOR CORPORATION COUNSEL ATTORNEYS. (a) In General.--Section 856(a) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (sec. 1-608.56(a), D.C. Official Code) is amended by striking ``or reduction in grade,'' and inserting ``reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. SEC. 8. REGULATION OF DISTRICT OF COLUMBIA BANKS BY FEDERAL DEPOSIT INSURANCE CORPORATION. (a) Federal Deposit Insurance Act.--(1) Section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813) is amended-- (A) in subsection (a)(1)(A), by striking ``, State bank, and District bank'' and inserting ``and State bank''; (B) in subsection (a), by striking paragraph (4); (C) in subsection (q)(1), by striking ``, any District bank,''; (D) in subsection (q)(2)(A), by striking ``(except a District bank)''; and (E) in subsection (q)(3), by striking ``(except a District bank),''. (2) Section 7(a)(1) of such Act (12 U.S.C. 1817(a)(1)) is amended by striking ``(except a District bank)''. (3) Section 10(b)(2)(A) of such Act (12 U.S.C. 1820(b)(2)(A)) is amended by striking ``(except a District bank)''. (4) Section 11 of such Act (12 U.S.C. 1821) is amended-- (A) in subsection (c)(2)(A)(i), by striking ``or District bank''; (B) in subsection (c)(2)(A)(ii)-- (i) by striking ``or District bank''; and (ii) by striking ``or the code of law for the District of Columbia''; and (C) in subsection (c)(3)(A), by striking ``(other than a District depository institution)''. (5) Section 18 of such Act (12 U.S.C. 1828) is amended-- (A) in section (c)(2)(A), by striking ``or a District bank''; (B) in subsection (c)(2)(B), by striking ``(except a District bank)''; (C) in subsection (c)(2)(C), by striking ``a District Bank or''; (D) in subsection (d)(1), by striking ``(except a District bank)'' each place such term appears; (E) in subsection (f), by striking ``or a District bank''; (F) in subsection (i)(1), by striking ``(except a District bank)''; (G) in subsection (i)(2), by striking subparagraph (A) and by redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively; (H) in subsection (i)(2)(A) (as so redesignated by subparagraph (G)), by striking ``(except a District bank)''; and (I) in subsection (i)(2)(B) (as so redesignated by subparagraph (G)), by striking ``(except a District bank)''. (b) National Housing Act.--Section 203(s)(5) of the National Housing Act (12 U.S.C. 1709(s)(5)) is amended by striking ``or District bank''. (c) Bank Holding Company Act.--The Bank Holding Company Act of 1956 is amended-- (1) in section 2(c) (12 U.S.C. 1841(c)), by striking paragraph (3); and (2) in section 3(b)(1) (12 U.S.C. 1842(b)(1)), by striking ``or a District bank''. (d) Bank Protection Act of 1968.--Section 2(1) of the Bank Protection Act of 1968 (12 U.S.C. 1881(1)) is amended by striking ``and district banks''. (e) Depository Institution Management Interlocks Act.--The Depository Institution Management Interlocks Act (12 U.S.C. 3201 et seq.) is amended-- (1) in section 207(1), by striking ``and banks located in the District of Columbia''; and (2) in section 209(1), by striking ``and banks located in the District of Columbia''. (f) Securities Exchange Act of 1934.--The Securities Exchange Act of 1934 is amended-- (1) in section 3(a)(34) (15 U.S.C. 78c(34)), by striking ``or a bank operating under the Code of Law for the District of Columbia'' each place such term appears in clause (i) of subparagraphs (A), (B), (C), (D), and (F); (2) in section 3(a)(34)(G)(i) (15 U.S.C. 78c(34)(G)(i)), by striking ``, a bank in the District of Columbia examined by the Comptroller of the Currency,''; (3) in section 3(a)(34)(H)(i) (15 U.S.C. 78c(34)(H)(i)), by striking ``or a bank in the District of Columbia examined by the Comptroller of the Currency''; (4) in section 12(i)(1) (15 U.S.C. 78l(i)(1)), by striking ``and banks operating under the Code of Law for the District of Columbia''; (5) in section 17(f)(4)(A) (15 U.S.C. 78q(f)(4)(A)), by striking ``and banks operating under the Code of Law for the District of Columbia''; and (6) in section 17(f)(4)(B) (15 U.S.C. 78q(f)(4)(B)), by striking ``or a bank operating under the Code of Law for the District of Columbia''. (g) National Bank Receivership Act.--The National Bank Receivership Act is amended by striking section 6. (h) Federal Reserve Act.--The last sentence of the 3rd undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 321) is amended by striking ``(except within the District of Columbia)''. (i) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 9. EFFECTIVE DATE. Except as otherwise provided, this Act and the amendments made by this Act shall apply with respect to fiscal year 2005 and each succeeding fiscal year. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | 2004 District of Columbia Omnibus Authorization Act - (Sec. 2) Amends the District of Columbia Home Rule Act to require the Board of Education, by March 1 of each year or the date on which the Mayor of the District of Columbia makes the proposed annual budget for a year available (whichever occurs later), to submit to the District Council a plan for the allocation of the Mayor's proposed budget among various object classes and responsibility centers. Specifies the content of such plan. (Sec. 3) Amends the District of Columbia Code to authorize the District's Executive Officer, under certain conditions, to enter into: (1) a contract for procurement of severable services in the same manner and to the same extent as the head of an executive agency may enter into such a contract under the Federal Property and Administrative Services Act of 1949; (2) a lease agreement for the accommodation of the District of Columbia courts in a building which is in existence or being erected by the lessor to accommodate them; and (3) a multiyear contract for the acquisition of property or services in the same manner and to the same extent as an executive agency may enter into such a contract under the Act. Provides for cancellation or termination of a multiyear contract for services in the event that funds are not made available for its continuation into a subsequent fiscal year. (Sec. 4) Requires: (1) the fiscal year for the Armory Board to begin on January 1 and end on December 31 of each calendar year; and (2) the fiscal year for the DC Public Schools (including public charter schools) and the University of the District of Columbia, starting FY 2007, to begin on July 1 and to end on June 30 of each calendar year. (Sec. 5) Extends from 50 to 56 calendar days the deadline by which the Council, after receipt of the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual budget for the District government. (Sec. 6) Makes overtime requirements under the Fair Labor Standards Act inapplicable to the hours of a District government employee which constitute a compressed schedule. (Sec. 7) Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to subject a Legal Service Attorney, other than a Senior Executive Attorney, to additional disciplinary action such as placing of the attorney on enforced annual leave or enforced leave without pay for unacceptable performance or for any reason that is not arbitrary or capricious. (Sec. 8) Amends the Federal Deposit Insurance Act, National Housing Act, Bank Holding Company Act, Bank Protection Act of 1968, Depository Institution Management Interlocks Act, Securities Exchange Act of 1934, the Federal Reserve Act, and the National Bank Receivership Act to provide for regulation of District of Columbia-chartered banks by the Federal Deposit Insurance Corporation in lieu of the Office of the Comptroller. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Lakes Fish and Wildlife Restoration Act of 2006''. SEC. 2. FINDINGS. Congress finds that-- (1) the Great Lakes have fish and wildlife communities that are structurally and functionally changing; (2) successful fish and wildlife management focuses on the lakes as ecosystems, and effective management requires the coordination and integration of efforts of many partners; (3) it is in the national interest to undertake activities in the Great Lakes Basin that support sustainable fish and wildlife resources of common concern provided under the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force); (4) additional actions and better coordination are needed to protect and effectively manage the fish and wildlife resources, and the habitats upon which the resources depend, in the Great Lakes Basin; (5) as of the date of enactment of this Act, actions are not funded that are considered essential to meet the goals and objectives in managing the fish and wildlife resources, and the habitats upon which the resources depend, in the Great Lakes Basin; and (6) the Great Lakes Fish and Wildlife Restoration Act (16 U.S.C. 941 et seq.) allows Federal agencies, States, and tribes to work in an effective partnership by providing the funding for restoration work. SEC. 3. DEFINITIONS. Section 1004 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941b) is amended-- (1) by striking paragraphs (1), (4), and (12); (2) by redesignating paragraphs (2), (3), (5), (6), (7), (8), (9), (10), (11), (13), and (14) as paragraphs (1), (2), (3), (4), (5), (6), (7), (9), (10), (11), and (12), respectively; (3) in paragraph (4) (as redesignated by paragraph (2)), by inserting before the semicolon at the end the following: ``, and that has Great Lakes fish and wildlife management authority in the Great Lakes Basin''; and (4) by inserting after paragraph (7) (as redesignated by paragraph (2)) the following: ``(8) the term `regional project' means authorized activities of the United States Fish and Wildlife Service related to fish and wildlife resource protection, restoration, maintenance, and enhancement that benefit the Great Lakes basin;''. SEC. 4. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS. Section 1005 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941c) is amended to read as follows: ``SEC. 1005. IDENTIFICATION, REVIEW, AND IMPLEMENTATION OF PROPOSALS AND REGIONAL PROJECTS. ``(a) In General.--Subject to subsection (b)(2), the Director-- ``(1) shall encourage the development and, subject to the availability of appropriations, the implementation of fish and wildlife restoration proposals and regional projects; and ``(2) in cooperation with the State Directors and Indian Tribes, shall identify, develop, and, subject to the availability of appropriations, implement regional projects in the Great Lakes Basin to be administered by Director in accordance with this section. ``(b) Identification of Proposals and Regional Projects.-- ``(1) Request by the director.--The Director shall annually request that State Directors and Indian Tribes, in cooperation or partnership with other interested entities and in accordance with subsection (a), submit proposals or regional projects for the restoration of fish and wildlife resources. ``(2) Requirements for proposals and regional projects.--A proposal or regional project under paragraph (1) shall be-- ``(A) submitted in the manner and form prescribed by the Director; and ``(B) consistent with-- ``(i) the goals of the Great Lakes Water Quality Agreement, as amended; ``(ii) the 1954 Great Lakes Fisheries Convention; ``(iii) the 1980 Joint Strategic Plan for Management of Great Lakes Fisheries, as revised in 1997, and Fish Community Objectives for each Great Lake and connecting water as established under the Joint Strategic Plan; ``(iv) the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.); ``(v) the North American Waterfowl Management Plan and joint ventures established under the plan; and ``(vi) the strategies outlined through the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force). ``(3) Sea lamprey authority.--The Great Lakes Fishery Commission shall retain authority and responsibility to formulate and implement a comprehensive program to eradicate or minimize sea lamprey populations in the Great Lakes Basin. ``(c) Review of Proposals.-- ``(1) Establishment of committee.--There is established the Great Lakes Fish and Wildlife Restoration Proposal Review Committee, which shall operate under the guidance of the United States Fish and Wildlife Service. ``(2) Membership and appointment.-- ``(A) In general.--The Committee shall consist of 2 representatives of each of the State Directors and Indian Tribes, of whom-- ``(i) 1 representative shall be the individual appointed by the State Director or Indian Tribe to the Council of Lake Committees of the Great Lakes Fishery Commission; and ``(ii) 1 representative shall have expertise in wildlife management. ``(B) Appointments.--Each representative shall serve at the pleasure of the appointing State Director or Tribal Chair. ``(C) Observer.--The Great Lakes Coordinator of the United States Fish and Wildlife Service shall participate as an observer of the Committee. ``(D) Recusal.--A member of the Committee shall recuse himself or herself from consideration of proposals that the member, or the entity that the member represents, has submitted. ``(3) Functions.--The Committee shall-- ``(A) meet at least annually; ``(B) review proposals and special projects developed in accordance with subsection (b) to assess the effectiveness and appropriateness of the proposals and special projects in fulfilling the purposes of this title; and ``(C) recommend to the Director any of those proposals and special projects that should be funded and implemented under this section. ``(d) Implementation of Proposals and Regional Projects.-- ``(1) In general.--After considering recommendations of the Committee and the goals specified in section 1006, the Director shall-- ``(A) select proposals and regional projects to be implemented; and ``(B) subject to the availability of appropriations and subsection (e), fund implementation of the proposals and regional projects. ``(2) Selection criteria.--In selecting and funding proposals and regional projects, the Director shall take into account the effectiveness and appropriateness of the proposals and regional projects in fulfilling the purposes of other laws applicable to restoration of the fish and wildlife resources and habitat of the Great Lakes Basin. ``(e) Cost Sharing.-- ``(1) In general.--Except as provided in paragraphs (2) and (4), not less than 25 percent of the cost of implementing a proposal selected under subsection (d) (excluding the cost of establishing sea lamprey barriers) shall be paid in cash or in- kind contributions by non-Federal sources. ``(2) Regional projects.--Regional projects selected under subsection (d) shall be exempt from cost sharing if the Director determines that the authorization for the project does not require a non-Federal cost-share. ``(3) Exclusion of federal funds from non-federal share.-- The Director may not consider the expenditure, directly or indirectly, of Federal funds received by any entity to be a contribution by a non-Federal source for purposes of this subsection. ``(4) Effect on certain indian tribes.--Nothing in this subsection affects an Indian tribe affected by an alternative applicable cost sharing requirement under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450 et seq.).''. SEC. 5. GOALS OF UNITED STATES FISH AND WILDLIFE SERVICE PROGRAMS RELATED TO GREAT LAKES FISH AND WILDLIFE RESOURCES. Section 1006 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941d) is amended by striking paragraph (1) and inserting the following: ``(1) Restoring and maintaining self-sustaining fish and wildlife resources.''. SEC. 6. ESTABLISHMENT OF OFFICES. Section 1007 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941e) is amended-- (1) by striking subsection (a) and inserting the following: ``(a) Great Lakes Coordination Office.-- ``(1) In general.--The Director shall establish a centrally located facility for the coordination of all United States Fish and Wildlife Service activities in the Great Lakes Basin, to be known as the `Great Lakes Coordination Office'. ``(2) Functional responsibilities.--The functional responsibilities of the Great Lakes Coordination Office shall include-- ``(A) intra- and interagency coordination; ``(B) information distribution; and ``(C) public outreach. ``(3) Requirements.--The Great Lakes Coordination Office shall-- ``(A) ensure that information acquired under this Act is made available to the public; and ``(B) report to the Director of Region 3, Great Lakes Big Rivers.''; (2) in subsection (b)-- (A) in the first sentence, by striking ``The Director'' and inserting the following: ``(1) In general.--The Director''; (B) in the second sentence, by striking ``The office'' and inserting the following: ``(2) Name and location.--The office''; and (C) by adding at the end the following: ``(3) Responsibilities.--The responsibilities of the Lower Great Lakes Fishery Resources Office shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Lower Great Lakes.''; and (3) in subsection (c)-- (A) in the first sentence, by striking ``The Director'' and inserting the following: ``(1) In general.--The Director''; (B) in the second sentence, by striking ``The office'' and inserting the following: ``(2) Name and location.--The office''; and (C) by adding at the end the following: ``(3) Responsibilities.--The responsibilities of the Upper Great Lakes Fishery Resources Offices shall include operational activities of the United States Fish and Wildlife Service related to fishery resource protection, restoration, maintenance, and enhancement in the Upper Great Lakes.''. SEC. 7. REPORTS. Section 1008 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941f) is amended to read as follows: ``SEC. 1008. REPORTS. ``(a) In General.--Not later than December 31, 2011, the Director shall submit to the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes-- ``(1) actions taken to solicit and review proposals under section 1005; ``(2) the results of proposals implemented under section 1005; and ``(3) progress toward the accomplishment of the goals specified in section 1006. ``(b) Annual Reports.--Not later than December 31 of each of fiscal years 2007 through 2012, the Director shall submit to the 8 Great Lakes States and Indian Tribes a report that describes-- ``(1) actions taken to solicit and review proposals under section 1005; ``(2) the results of proposals implemented under section 1005; ``(3) progress toward the accomplishment of the goals specified in section 1006; ``(4) the priorities proposed for funding in the annual budget process under this title; and ``(5) actions taken in support of the recommendations of the Great Lakes Regional Collaboration authorized under Executive Order 13340 (69 Fed. Reg. 29043; relating to the Great Lakes Interagency Task Force). ``(c) Study.-- ``(1) In general.--Not later than December 16, 2009, the Director, in consultation with State fish and wildlife resource management agencies, Indian Tribes, and the Great Lakes Fishery Commission, shall-- ``(A) conduct a comprehensive study of the status, and the assessment, management, and restoration needs, of the fish and wildlife resources of the Great Lakes Basin, including a comprehensive review of the accomplishments that have been achieved under this title through fiscal year 2008; and ``(B) submit to the President of the Senate and the Speaker of the House of Representatives-- ``(i) the study described in subparagraph (A); and ``(ii) a comprehensive report on the findings of the study. ``(d) Report.--Not later than June 30, 2006, the Director shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives the 2002 report required under this section as in effect on the day before the date of enactment of the Great Lakes Fish and Wildlife Restoration Act of 2006.''. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. Section 1009 of the Great Lakes Fish and Wildlife Restoration Act of 1990 (16 U.S.C. 941g) is amended to read as follows: ``SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the Director for each of fiscal years 2007 through 2012-- ``(1) $12,000,000, of which-- ``(A) $11,400,000 shall be allocated to implement fish and wildlife restoration proposals as selected by the Director under section 1005(e); and ``(B) the lesser of 5 percent or $600,000 shall be allocated to the United States Fish and Wildlife Service to cover costs incurred in administering the proposals by any entity; ``(2) $6,000,000, which shall be allocated to implement regional projects by the United States Fish and Wildlife Service, as selected by the Director under section 1005(e); and ``(3) $2,000,000, which shall be allocated for the activities of the Great Lake Coordination Office in East Lansing, Michigan, of the Upper Great Lakes Fishery Resources Office, and the Lower Great Lakes Fishery Resources Office under section 1007.''. | Great Lakes Fish and Wildlife Restoration Act of 2006 - Amends the Great Lakes Fish and Wildlife Restoration Act of 1990 to require the Director of the U.S. Fish and Wildlife Service (FWS) to implement fish and wildlife restoration proposals and regional projects if funding is available. Defines "regional projects" as authorized activities of FWS related to fish and wildlife resource protection, restoration, maintenance, and enhancement that benefit the Great Lakes basin. Requires the Great Lakes Fish and Wildlife Restoration Proposal Review Committee to operate under the guidance of FWS (currently, under the guidance of the Council of Lake Committees of the Great Lakes Fishery Commission) and revises Committee membership requirements. Revises the goals of FWS programs related to the Great Lakes fish and wildlife resources to include restoring and maintaining self-sustaining fish and wildlife resources. Requires the Great Lakes Coordination Office to: (1) ensure that information acquired under such Act is made available to the public; and (2) report to the FWS Director of Region Three, Great Lakes Big Rivers. Includes within the responsibilities of the Lower Great Lakes Fishery Resources Office and the Upper Great Lakes Fishery Resources Offices FWS operational activities related to fishery resource protection, restoration, maintenance, and enhancement in the offices' respective regions. Requires the Director to: (1) submit annual reports to the eight Great Lakes States and Indian Tribes; and (2) conduct a comprehensive study of the status, assessment, management, and restoration needs of the fish and wildlife resources of the Great Lakes Basin. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stopping Ongoing Lender Delays Act'' or the ``SOLD Act''. SEC. 2. TRUTH IN LENDING ACT AMENDMENTS. Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is amended by inserting before section 130 (15 U.S.C. 1640) the following new section: ``SEC. 129I. RESPONSES REQUIRED FOR MORTGAGOR REQUESTS FOR REFINANCING. ``(a) In General.-- ``(1) Written response to mortgagor requests required.-- ``(A) In general.--Each servicer shall respond in writing to a mortgagor of a residential mortgage loan who has submitted a written request that meets the requirements of subsection (b), not later than the end of the 30-calendar day period beginning on the date of receipt of such request, subject to paragraphs (2) and (3). ``(B) Applicability.--Subparagraph (A) shall apply, except as provided in subsection (b), and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle. ``(2) Content.--A written response by a servicer under paragraph (1) shall specify-- ``(A) a decision on whether such request has been denied or approved, or that such request has been approved subject to specified changes; or ``(B) that additional time is required, in which case the servicer shall provide a new decision date. ``(3) Single extension of new decision date authorized.--A servicer may, upon written notice to the mortgagor, extend a new decision date provided under paragraph (2)(B) a single time, for a period of not longer than 30 additional calendar days. ``(b) Inapplicability to Certain Existing Mortgages.--Subsection (a) shall not apply with respect to any residential mortgage with respect to which the mortgagor and the mortgagee or servicer have entered into a written agreement before the date of enactment of this Act explicitly providing a procedure or terms for approval of a short sale. ``(c) Mortgagor Submission.--Subsection (a) shall apply in any case in which the mortgagor under a residential mortgage loan submits to the servicer thereof-- ``(1) a written offer for a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest that secures the mortgage loan; and ``(2) all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer). ``(d) Civil Actions Authorized.--An aggrieved individual may bring an action in a court of competent jurisdiction, asserting a violation of this section. Aggrieved individuals may be awarded all appropriate relief, including equitable relief, and a monetary award of $1,000 per violation, plus reasonable attorneys' fees, or such higher amount as may be appropriate in the case of an established pattern or practice of such failures. ``(e) Definitions.-- ``(1) Residential mortgage loan.--The term `residential mortgage loan' means any consumer credit transaction that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or on residential real property that includes a dwelling, other than a consumer credit transaction under an open end credit plan or an extension of credit relating to a plan described in section 101(53D) of title 11, United States Code. ``(2) Servicer.--The term `servicer' has the same meaning as in section 129A, except that such term includes a person who makes or holds a residential mortgage loan (including a pool of residential mortgage loans), if such person also services the loan. ``(3) Short sale.--The term `short sale' means the sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures a residential mortgage loan that-- ``(A) will result in proceeds in an amount that is less than the remaining amount due under the mortgage loan; and ``(B) requires authorization by the securitization vehicle or other investment vehicle or holder of the mortgage loan, or the servicer acting on behalf of such a vehicle or holder.''. | Stopping Ongoing Lender Delays Act or SOLD Act - Amends the Truth in Lending Act to require each servicer of a home mortgage to respond in writing within 30 days to a mortgagor of a residential mortgage loan who hasrequested in writing a short sale of the dwelling or residential real property that is subject to the mortgage, deed of trust, or other security interest securing the mortgage loan. Authorizes an aggrieved individual to bring a civil action for damages and equitable relief for any violation of this Act. Declares this Act inapplicable to certain residential mortgages entered into before its enactment whose mortgage agreements explicitly provide a procedure or terms for a short sale approval. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Cuba Trademark Protection Act of 2003''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Trademarks and trade names are vital assets of the many United States companies that engage in international trade. (2) Worldwide sales of branded products of United States companies contribute in important ways to the livelihood of American workers and the well-being and continued healthy growth of numerous United States businesses. These sales depend, in turn, on the security of the United States trademarks and trade names protected by reciprocal treaties and agreements for the protection of intellectual property. (3) Among such treaties and agreements are the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade Organization, the Inter-American Convention for Trademark and Commercial Protection, and the Madrid Protocol. (4) The United States should ensure that the trademark and trade names of United States companies continue to be protected abroad by working to ensure that countries comply with intellectual property rights treaties and agreements. At the same time, the United States should adhere to its obligations under such treaties and agreements. (5) Hundreds of United States companies have registered their trademarks in Cuba in order to ensure the exclusive right to use those trademarks when the United States trade embargo on that country is lifted. Indeed, following the enactment of the Trade Sanctions Reform and Export Enhancement Act of 2000, many United States companies are already exporting branded food products to Cuba. (6) The United States District Court for the Southern District of New York ruled that section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 abrogates, with respect to Cuba, the Inter-American Convention on Trademarks and Commercial Protection, and the court's ruling was affirmed by the United States Court of Appeals for the Second Circuit. (7) Cuba's international remedy under customary international law, as codified by Article 60 of the 1969 Vienna Convention on Treaties, for a breach by the United States of the Inter-American Convention, is to suspend or revoke the protections Cuba currently affords United States trademarks and trade names. (8) In order to preserve the rights of United States nationals holding trademarks in Cuba, the United States must repeal section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999, and should take the necessary steps to promote the long-term protection of trademarks, trade names, and domain names held by United States nationals in that country. (9) The recent actions by the Government of Cuba to prosecute and imprison unfairly critics of the government are unacceptable and should be met with strong condemnation. (10) Promoting greater respect for the rule of law in Cuba, including through the provisions of this Act, will it is hoped diminish the likelihood for actions taken in the future that undermine operation of the rule of law or disregard fundamental fairness in administrative and juridical proceedings. (b) Purpose.--The purpose of this Act is to promote global intellectual property rights protections by ensuring that the United States and the Republic of Cuba continue to comply with their obligations under international trademark agreements and understandings. SEC. 3. ADHERENCE TO INTERNATIONAL AGREEMENTS AND UNDERSTANDINGS. (a) Consultations With Cuba.--The President shall direct the Secretary of State to initiate consultations with the Republic of Cuba not later than December 31, 2003, in order to obtain assurances that the Republic of Cuba will-- (1) continue to adhere to-- (A) the Paris Convention for the Protection of Industrial Property; (B) the Inter-American Convention for Trademark and Commercial Protection; and (C) the Madrid Agreement Concerning the International Registration of Marks and Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; (2) implement the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the General Assembly of the World Intellectual Property Organization (Pub 833 E) in September 1999; and (3) commit that the manager of the Country-Code Top-Level Domain (ccTLD) will subscribe to the Uniform Dispute Resolution Procedure (UDRP) approved by the Internet Corporation for Assigned Names and Numbers (ICANN) and provide to United States nationals nondiscriminatory access to such procedures. (b) Consultation With Secretary of Commerce.--The Secretary of State shall initiate and conduct the consultations under subsection (a) in consultation with the Secretary of Commerce. (c) Reports to Congress.--The Secretary of State and the Secretary of Commerce shall submit to the Congress a report on the progress and results of the consultations under subsection (a) not later than 6 months after the date of the enactment of this Act and not later than every 6 months thereafter. (d) Repeal of Prohibition on Transactions or Payments With Respect to Certain United States Intellectual Property.-- (1) Repeal.--Section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 (as contained in section 101(b) of division A of Public Law 105-277; 112 Stat. 2681-88) is repealed. (2) Regulations.--The Secretary of the Treasury shall issue such regulations as are necessary to carry out the repeal made by paragraph (1), including removing any prohibition on transactions or payments to which subsection (a)(1) of section 211 of the Department of Commerce and Related Agencies Appropriations Act, 1999 applied. SEC. 4. REGISTRY OF U.S. TRADEMARKS AND WELL-KNOWN MARKS IN CUBA. (a) Registry of U.S. Trademarks.--Not later than December 31, 2003, the Director of the Patent and Trademark Office shall establish a registry of trademarks each of which is owned by a United States national and was registered in, or submitted for registration to, the Republic of Cuba on or after January 1, 1959. (b) Registry of well-known marks.-- (1) Establishment.--Not later than December 31, 2003, the Director of the Patent and Trademark Office shall establish a registry of trademarks each of which is owned by a United States national and met the requirements for a well-known mark in the Republic of Cuba under Article 6bis of the Paris Convention for the Protection of Industrial Property as of December 31, 1958, and the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks adopted by the General Assembly of the World Intellectual Property Association (Pub 833 E) in September 1999. (2) Requirements for inclusion on registry.--The Director of the Patent and Trademark Office shall require any applicant seeking to register a well-known mark on the registry established under paragraph (1) to supply documentation to establish that the mark met the requirements set forth in paragraph (1). (c) Accessibility.--The Director of the Patent and Trademark Office shall ensure that each registry established under subsections (a) and (b)-- (1) is accessible to the public through the Internet; (2) allows trademark examiners and applicants seeking to register trademarks on the registry to send and receive communications electronically; (3) allows the United States Patent and Trademark Office to process, maintain, and search electronically the contents and history of each application to register a trademark, and trademark registration, included in the registry; and (4) allows the public to access and search electronically the contents and history of each such application and trademark registration. SEC. 5. AMENDMENTS TO CUBAN ASSET CONTROL REGULATIONS. The Secretary of the Treasury shall amend the Cuban Assets Control Regulations (part 515 of title 31, Code of Federal Regulations) so that-- (1) the following transactions by any person who is not a designated national are authorized: (A) the filing and renewal of a blocked foreign domain name, the transfer or receipt of a blocked foreign domain name, and the filing and prosecution of proceedings to determine rights to a blocked foreign domain name and the prosecution of defenses to such proceedings; and (B) the filing and renewal of a blocked foreign trade name, the transfer or receipt of a blocked foreign trade name, and the filing and prosecution of proceedings related to a blocked foreign trade name and the prosecution of defenses to such proceedings; (2)(A) the transfer or receipt of any trademark, trade name, or domain name subject to United States law in which a designated national has an interest is authorized; and (B) the filing and prosecution of opposition and infringement proceedings related to any trademark or trade name in which a designated national has an interest, the filing and prosecution of proceedings to determine rights to any domain name in which a designated national has an interest, and the prosecution of defenses to such proceedings, are authorized; and (3) the payment of fees to the government of any foreign country, either directly or through an attorney or representative, is authorized for research of registries, directories, and government records with respect to blocked foreign trademarks, blocked foreign trade names, or blocked foreign domain names, and the protection and enforcement thereof. SEC. 6. CONFORMING AMENDMENTS. (a) International Conventions.--Section 44 of the Trademark Act of 1946 (15 U.S.C. 1126) is amended by adding at the end the following: ``(j)(1) Any designated national shall be entitled to the benefits of this Act to the extent necessary to give effect to any provision of any convention or treaty relating to trade or commercial names, or relating to the repression of unfair competition, to which the United States and the Republic of Cuba are parties, or to any reciprocal rights relating to trade or commercial names or the repression of unfair competition, that are extended by the Republic of Cuba to nationals of the United States by law. The absence of commercial activities within the United States shall not constitute a lack of standing or any other reason for the dismissal of any action brought by any such designated national pursuant to this subsection. ``(2) No other provision of this section shall be construed to limit the applicability of paragraph (1). ``(3) As used in this subsection, the term `designated national' has the meaning given that term in subpart C of part 515 of title 31, Code of Federal Regulations, as in effect on April 28, 2003, and includes any national of a foreign country that is a successor-in- interest to that designated national.''. (b) Civil Actions.--Section 43(a) of the Trademark Act of 1946 (15 U.S.C. 1125(a)) is amended by adding at the end the following: ``(4)(A) For purposes of this subsection, any person who is engaged in the bona fide production, distribution, marketing, or sale of spirits outside the United States and who lawfully uses a mark or geographical indication in connection with such spirits shall be considered to be or likely to be damaged by a mark or geographical indication-- ``(i) which, when used on or in connection with other spirits, identifies a place other than origin of such other spirits; and ``(ii) of which the first use in commerce on or in connection with such other spirits was made on or after one year after the date on which the WTO Agreement (as defined in section 2(9) of the Uruguay Round Agreements Act) entered into force with respect to the United States. The preceding sentence shall also apply to any person in any proceeding under section 13 or 14 of this Act. ``(B) As used in this paragraph, the term `spirits' means any article provided for in heading 2207 or 2208 of the Harmonized Tariff Schedule of the United States.''. SEC. 7. AUTHORITY OF COURTS. United States courts shall have the authority to recognize, enforce, or otherwise validate any assertion by a designated national of rights in any mark or trade name based on common law rights or registration or under subsection (b) or (e) of section 44 of the Trademark Act of 1946. In this subsection, the term ``designated national'' includes any national of a foreign country that is a successor-in-interest to that designated national. SEC. 8. DEFINITIONS. In this Act: (1) Blocked foreign domain name.--The term ``blocked foreign domain name'' means a domain name in which a designated national has an interest, including any domain name issued by a designated national. (2) Blocked foreign trade name.--The term ``blocked foreign trade name'' means any trade name in which a designated national has an interest, including any such trade name issued by a designated national. (3) Blocked foreign trademark.--The term ``blocked foreign trademark'' has the meaning given that term in section 515.528(c) of title 31, Code of Federal Regulations, as in effect on April 28, 2003. (4) Designated national.--The term ``designated national'' has the meaning given that term in subpart C of part 515 of title 31, Code of Federal Regulations, as in effect on April 28, 2003. (5) Director of the patent and trademark office.--The term ``Director of the Patent and Trademark Office'' means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. (6) Domain name; mark; trademark.--The terms ``domain name'', ``mark'', and ``trademark'' have the meanings given those terms in section 45 of the Trademark Act of 1946. (7) Interest.--The term ``interest'' has the meaning given that term in section 515.312 of title 31, Code of Federal Regulations, as in effect on April 28, 2003. (8) Trademark act of 1946.--The term ``Trademark Act of 1946'' means the Act entitled ``An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946 (15 U.S.C. 1051 et seq.). (9) Trade name.--The term ``trade name'' means a trade name or commercial name as those terms are defined in section 45 of the Trademark Act of 1946. (10) United states national.--The term ``United States national'' means-- (A) any United States citizen; or (B) any other legal entity which is organized under the laws of the United States, or of any State, the District of Columbia, or any commonwealth, territory, or possession of the United States, and which has its principal place of business in the United States. | United States-Cuba Trademark Protection Act of 2003 - Requires the President to direct the Secretary of State to obtain assurances that the Republic of Cuba will: (1) adhere to specified international agreements for the protection of intellectual property; (2) implement the Joint Recommendation Concerning Provisions on the Protection of Well-Known Marks; and (3) subscribe to dispute resolution procedures approved by the Internet Corporation for Assigned Names and Numbers. Repeals provisions of the Department of Commerce and Related Agencies Appropriations Act, 1999 prohibiting certain transactions, payments, or U.S. court recognition with respect to confiscated marks, trade names, or commercial names. Requires the Director of the Patent and Trademark Office to establish an electronic and publicly accessible registry of U.S. trademarks and well-known marks in Cuba. Amends the Cuban Assets Control Regulations to authorize: (1) specified transactions and proceedings regarding blocked foreign domain and trade names by any person who is not a designated national; (2) the transfer or receipt of any trademark, trade name, or domain name subject to U.S. law in which a designated national has an interest, as well as related proceedings; and (3) the payment of fees to foreign governments for research with respect to blocked foreign trademarks, trade names, and domain names, and related enforcement. Makes conforming amendments to the Trademark Act of 1946. Gives U.S. courts authority to validate any assertion by a designated national of rights in any mark or trade name based on common law rights or registration under specified provisions of the Trademark Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Tighten Washington's Belt Act of 2010''. SEC. 2. DEFINITIONS. As used in this Act: (1) Account.--The term ``account'' means-- (A) for discretionary budget authority, an item for which appropriations are made in any appropriation Act; and (B) for items not provided for in appropriation Acts, direct spending and outlays therefrom identified in the program and finance schedules contained in the appendix to the Budget of the United States for the current year. (2) Breach.--The term ``breach'' means, for any fiscal year, the amount by which discretionary budget authority enacted for that year exceeds the spending limit for budget authority for that year. (3) Budget authority; new budget authority; and outlays.-- The terms ``budget authority'', ``new budget authority'', and ``outlays'' have the meanings given to such terms in section 3 of the Congressional Budget and Impoundment Control Act of 1974 (2 U.S.C. 622). (4) Budget year.--The term ``budget year'' means, with respect to a session of Congress, the fiscal year of the Government that starts on October 1 of the calendar year in which that session begins. (5) CBO.--The term ``CBO'' means the Director of the Congressional Budget Office. (6) Current.--The term ``current'' means-- (A) with respect to the Office of Management and Budget estimates included with a budget submission under section 1105(a) of title 31, United States Code, the estimates consistent with the economic and technical assumptions underlying that budget; (B) with respect to estimates made after that budget submission that are not included with it, the estimates consistent with the economic and technical assumptions underlying the most recently submitted President's budget; and (C) with respect to the Congressional Budget Office, estimates consistent with the economic and technical assumptions as required by section 202(e)(1) of the Congressional Budget Act of 1974. (7) Current year.--The term ``current year'' means, with respect to a budget year, the fiscal year that immediately precedes that budget year. (8) Discretionary budget authority.--The term ``discretionary budget authority'' means budgetary authority (except to fund mandatory programs) provided in appropriation Acts. (9) Discretionary spending limit.--The term ``discretionary spending limit'' shall mean the amounts specified in section 6. (10) OMB.--The term ``OMB'' means the Director of the Office of Management and Budget. (11) Sequestration.--The term ``sequestration'' with respect to discretionary budget authority, means the cancellation or reduction of budget authority (except budget authority to fund mandatory programs) provided in appropriation Acts. SEC. 3. ADMINISTRATION AND EFFECT OF SEQUESTRATION. (a) Presidential Order.-- (1) In general.--Fifteen days after the end of session, OMB shall issue a discretionary sequestration report. If in its Sequestration Report, OMB estimates that any sequestration is required, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. (2) CBO.--Ten days after the end of session, CBO shall issue a discretionary sequestration report. (3) Special rule.--If the date specified for the submission of a Presidential order under paragraph (1) falls on a Sunday or legal holiday, such order shall be issued on the following day. (b) Effects of Sequestration.--The effects of sequestration shall be as follows: (1) Budgetary resources sequestered from any account shall be permanently cancelled, except as provided in paragraph (5). (2) Except as otherwise provided, the same percentage sequestration shall apply to all programs, projects, and activities within a budget account (with programs, projects, and activities as delineated in the appropriation Act or accompanying report for the relevant fiscal year covering that account). (3) Administrative regulations or similar actions implementing a sequestration shall be made within 120 days of the sequestration order. To the extent that formula allocations differ at different levels of budgetary resources within an account, program, project, or activity, the sequestration shall be interpreted as producing a lower total appropriation, with the remaining amount of the appropriation being obligated in a manner consistent with program allocation formulas in substantive law. (4) Except as otherwise provided, obligations or budgetary resources in sequestered accounts shall be reduced only in the fiscal year in which a sequester occurs. (5) Budgetary resources sequestered in special fund accounts and offsetting collections sequestered in appropriation accounts shall not be available for obligation during the fiscal year in which the sequestration occurs, but shall be available in subsequent years to the extent otherwise provided in law. (c) Submission and Availability of Reports.--Each report required by this section shall be submitted, in the case of CBO, to the House of Representatives, the Senate, and OMB and, in the case of OMB, to the House of Representatives, the Senate, and the President on the day it is issued. On the following day a notice of the report shall be printed in the Federal Register. SEC. 4. GAO COMPLIANCE REPORT. Upon request of the Committee on the Budget of the House of Representatives or the Senate, the Comptroller General shall submit to the Congress and the President a report on-- (1) the extent to which each order issued by the President under this Act complies with all of the requirements contained in this Act, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not; and (2) the extent to which each report issued by OMB or CBO under this section complies with all of the requirements contained in this Act, either certifying that the report fully and accurately complies with such requirements or indicating the respects in which it does not. SEC. 5. DISCRETIONARY SEQUESTRATION REPORTS. (a) Discretionary Sequestration Reports.-- (1) Reporting requirements.--On the dates specified in section 3(a), OMB and CBO shall each issue a Discretionary Sequestration Report, updated to reflect laws enacted through those dates. (2) Discretionary spending.--The Discretionary Sequestration Reports for each of fiscal year 2011 through 2015 shall set forth estimates for each of the following: (A) The applicable discretionary spending limits. (B) The new budget authority and the breach, if any. (C) The sequestration percentages necessary to eliminate the breach. (D) For the budget year, for each account to be sequestered, the level of enacted, sequesterable budget authority and resulting estimated outlays to be sequestered. (3) Explanation of differences.--The OMB report shall explain any differences between OMB and CBO estimates for any breach and any required discretionary sequestration percentages. The OMB report shall also explain differences in the amount of sequesterable resources for any budget account to be reduced if such difference is greater than $5,000,000. (b) Economic and Technical Assumptions.--In all reports required by this section, OMB shall use the same economic and technical assumptions as used in the most recent budget submitted by the President under section 1105(a) of title 31, United States Code. (c) Adjustments.--When OMB submits a report under this section for a fiscal year, OMB shall calculate, and the subsequent reports and budgets submitted by the President under section 1105(a) of title 31, United States Code shall include, adjustments to discretionary spending limits (and those limits as adjusted) for the fiscal year and each succeeding year. SEC. 6. LIMITS. (a) Discretionary Spending Limits.--As used in this Act, the term ``discretionary spending limit'' means-- (1) with respect to fiscal year 2011, $1,120,488,000 in new budget authority; (2) with respect to fiscal year 2012, $1,008,439,000 in new budget authority; (3) with respect to fiscal year 2013, $907,596,000 in new budget authority; (4) with respect to fiscal year 2014, $816,836,000 in new budget authority; (5) with respect to fiscal year 2015, $735,152,000 in new budget authority; and (6) with respect to fiscal years following 2015, the President shall recommend and the Congress shall consider legislation setting limits for those fiscal years. (b) Enforcement.-- (1) Sequestration.--On the date specified in section 3(a), there shall be a sequestration to eliminate a budget-year breach. (2) Eliminating a breach.--Each account shall be reduced by a dollar amount calculated by multiplying the enacted level of budget authority for that year in that account at that time by the uniform percentage necessary to eliminate a breach of the discretionary spending limit. (3) Part-year appropriations.--If, on the date the report is issued under paragraph (1), there is in effect an Act making continuing appropriations for part of a fiscal year for any budget account, then the dollar sequestration calculated for that account under paragraph (2) shall be subtracted from-- (A) the annualized amount otherwise available by law in that account under that or a subsequent part- year appropriation; and (B) when a full-year appropriation for that account is enacted, from the amount otherwise provided by the full-year appropriation. (4) Look-back.--If, after June 30, an appropriation for the fiscal year in progress is enacted that causes a breach for that year (after taking into account any previous sequestration), the discretionary spending limit for the next fiscal year shall be reduced by the amount of that breach. (5) Within-session sequestration reports and order.--If an appropriation for a fiscal year in progress is enacted (after Congress adjourns to end the session for that budget year and before July 1 of that fiscal year) that causes a breach, 10 days later CBO shall issue a report containing the information required in section 5(c). Fifteen days after enactment, OMB shall issue a report containing the information required in section 5(c). On the same day as the OMB report, the President shall issue an order fully implementing without change all sequestrations required by the OMB calculations set forth in that report. This order shall be effective on issuance. (c) Estimates.-- (1) CBO estimates.--As soon as practicable after Congress completes action on any legislation providing discretionary appropriations, CBO shall provide an estimate to OMB of that legislation. (2) OMB estimates.--Not later than 7 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of enactment of any discretionary appropriations, OMB shall transmit a report to the House of Representatives and to the Senate containing-- (A) the CBO estimate of that legislation; (B) an OMB estimate of that legislation using current economic and technical assumptions; and (C) an explanation of any difference between the 2 estimates. (3) Differences.--If during the preparation of the report under paragraph (2), OMB determines that there is a difference between the OMB and CBO estimates, OMB shall consult with the Committees on the Budget of the House of Representatives and the Senate regarding that difference and that consultation, to the extent practicable, shall include written communication to such committees that affords such committees the opportunity to comment before the issuance of that report. (4) Assumptions and guidelines.--OMB and CBO shall prepare estimates under this paragraph in conformance with scorekeeping guidelines determined after consultation among the House and Senate Committees on the Budget, CBO, and OMB. (5) Deferrals and rescissions.--Deferrals and rescissions proposed under the Impoundment Control Act of 1974 for the budget year shall not be taken into account in determining such budget base. SEC. 7. EXEMPTIONS FROM SEQUESTRATION. (a) In General.--Except as provided in subsection (b), all discretionary budget authority shall be subject to the sequestration procedures under this Act. (b) Exemptions.-- (1) The following shall be exempt from reduction under any order issued under this Act: (A) Benefits and compensation provided to active duty military and to veterans defined as discretionary spending. (B) Provisions of discretionary spending legislation the President designates as an emergency requirement and the Congress so designates in statute. (C) Any salaries or other expenditures that may not be reduced on account of constitutional requirements. (2) In budget.--The exemptions provided in paragraph (1) shall be the only exemptions to sequestration procedures under this Act, unless otherwise provided by law. | Tighten Washington's Belt Act of 2010 - Requires the Office of Management and Budget (OMB), within 15 days after the end of a session, to issue a Discretionary Sequestration Report and, if in such report OMB estimates that any sequestration is required, the President to issue an order (effective on issuance) fully implementing without change all such sequestrations. Requires the Congressional Budget Office (CBO), within 10 days after the end of session, also to issue a Discretionary Sequestration Report. Subjects to permanent cancellation any budgetary resources sequestered from any account, except those in special fund accounts or offsetting collections sequestered in appropriation accounts. Applies the same percentage sequestration to all programs, projects, and activities within a budget account. Requires the Comptroller General, upon request of the congressional budget committees, to report to Congress and the President on the extent to which each such issued presidential order or OMB or CBO report complies with all of the requirements contained in this Act, either certifying that the order fully and accurately complies with such requirements or indicating the respects in which it does not. Requires Discretionary Sequestration Reports for each of FY2011-FY2015 to set forth estimates for: (1) the applicable discretionary spending limits; (2) the new budget authority and the breach, if any; (3) the sequestration percentages necessary to eliminate the breach; and (4) the level of enacted sequesterable budget authority, and resulting estimated outlays to be sequestered for each account. Requires the OMB report to explain: (1) any differences between OMB and CBO estimates for any breach and any required discretionary sequestration percentages; and (2) differences in the amount of sequesterable resources for any budget account to be reduced if such difference is greater than $5 million. Establishes discretionary spending limits for FY2011-FY2015. Sets forth sequestration enforcement mechanisms. Subjects all discretionary budget authority to such sequestration procedures, except: (1) benefits and compensation provided to active duty military and to veterans defined as discretionary spending; (2) provisions of discretionary spending legislation the President and Congress designate as emergency requirements; and (3) salaries or other expenditures that may not be reduced on account of constitutional requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Career And Technical Innovation Fund Act of 2012''. SEC. 2. CAREER AND TECHNICAL INNOVATION FUND. (a) In General.--The Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.) is amended by adding at the end the following: ``TITLE IV--CAREER AND TECHNICAL INNOVATION FUND ``SEC. 401. PURPOSES. ``The purposes of this title are to strengthen the ability of career and technical education programs to prepare students to meet the needs of the future workforce by-- ``(1) funding the identification, development, evaluation, and expansion of new and innovative, research- and evidence- based career and technical education practices, programs, and strategies in order to-- ``(A) significantly increase student achievement on the core indicators of performance as outlined in section 113; ``(B) reduce gaps in program participation and completion rates among populations of career and technical education students; and ``(C) improve the effectiveness of career and technical education teachers, leaders, and counselors; ``(2) funding the development of innovative career and technical programs of study, as described in section 122(c)(1)(A), in new and emerging industries at the regional (or local) level; ``(3) developing rigorous evidence of the effectiveness of innovative strategies on career and technical education student outcomes and career and technical education program outcomes; and ``(4) supporting the rapid development, expansion, adoption, and implementation of tools and resources that improve the efficiency, effectiveness, or pace of adoption of such career and technical education practices, programs, and strategies. ``SEC. 402. NATIONAL ACTIVITIES. ``The Secretary may reserve not more than 5 percent of funds appropriated to carry out this title for any fiscal year to carry out activities of national significance. Such activities shall include-- ``(1) capacity building; ``(2) technical assistance; ``(3) evaluation; and ``(4) dissemination of best practices developed with grant funds provided under this title. ``SEC. 403. PROGRAM AUTHORIZED; LENGTH OF GRANTS; PRIORITIES. ``(a) Program Authorization.-- ``(1) In general.--The Secretary shall use funds made available to carry out this title for a fiscal year to award grants, on a competitive basis, to eligible entities. ``(2) Eligible entity.-- ``(A) In general.--In this title, the term `eligible entity' means a group or consortium that includes not less than 2 of the following (at least 1 of which shall be an entity described in clause (i), (ii), (iii), or (iv)): ``(i) A local educational agency or a consortium of such agencies. ``(ii) An area career and technical education school or a consortium of such schools. ``(iii) An institution of higher education whose most common degree awarded is an associate's degree, or a consortium of such institutions. ``(iv) A postsecondary vocational institution, as defined in section 102(c) of the Higher Education Act of 1965, or a consortium of such institutions. ``(v) An entity that carries out apprenticeship programs registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act (29 U.S.C. 50 et seq; 50 Stat. 664, chapter 663)). ``(vi) An institution of higher education whose most common degree awarded is a bachelor's or higher degree, or a consortium of such institutions. ``(vii) A business or industry representative partner that provides training. ``(B) Other partners.--An eligible entity may also include a State board or local board (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801)), an eligible agency, a community-based organization, a nonprofit organization, or other business or industry representative. ``(C) Record of success.--In order to be eligible to receive a grant under this title, at least 1 of the members of the eligible entity shall have a recent record of success in improving career and technical education outcomes, career and technical education program outcomes, or both, in the area addressed in the application. ``(b) Duration of Grants.--The Secretary-- ``(1) shall award grants under this title for a period of not more than 3 years; and ``(2) may extend such grants for not more than an additional 2-year period if the grantee demonstrates to the Secretary that it is achieving its program objectives and, as applicable, has improved education outcomes for career and technical education students. ``(c) Rural Set-Aside.--The Secretary shall ensure that not less than 22 percent of the funds awarded under subsection (a) for any fiscal year are for projects that meet the following requirements, except that the Secretary shall not be required to make such awards unless a sufficient number of otherwise eligible high-quality applications are received: ``(1) Eligible entities that include local educational agencies.--If the eligible entity includes a local educational agency or a consortium of such agencies, both of the following requirements shall be met: ``(A) The eligible entity includes-- ``(i) a local educational agency with an urban-centric district locale code of 32, 33, 41, 42, or 43, as determined by the Secretary; ``(ii) a consortium of such local educational agencies; or ``(iii) an educational service agency or a nonprofit organization with demonstrated expertise in serving students from rural areas. ``(B) A majority of the schools to be served by the project are designated with a school locale code of 41, 42, or 43, or a combination of such codes, as determined by the Secretary, and-- ``(i) are served by a local educational agency serving a geographic area in which 20 percent or more of the children 5 through 17 years of age are from families with incomes below the poverty level; ``(ii) are served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or ``(iii) are served by a local educational agency located in a county that has a total population density of fewer than 10 persons per square mile. ``(2) Eligible entities that do not include local educational agencies.--If the eligible entity does not include a local educational agency or a consortium of such agencies, the eligible entity shall demonstrate that it will serve individuals-- ``(A) at least 20 percent of whom are from families with incomes below the poverty level; ``(B) who reside in an area served by a local educational agency in which the total number of students in average daily attendance at all of the schools served by the local educational agency is fewer than 600; or ``(C) who reside in a county that has a total population density of fewer than 10 persons per square mile. ``(d) Standards of Evidence.--An eligible entity that desires a grant under this title shall demonstrate that the activities the entity proposes to carry out with funds under this title are likely to succeed in improving student outcomes. Evidence shall include a rationale based on research findings or a reasonable hypothesis that the activities proposed by the eligible entity will improve student outcomes. ``SEC. 404. APPLICATIONS. ``Each eligible entity that desires to receive a grant under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each application shall-- ``(1) describe the project for which the applicant is seeking a grant and how the evidence supporting that project meets the standards of evidence, as described in section 403(d); ``(2) describe how the applicant will address at least 1 of the areas described in section 405(a)(1); ``(3) describe how the project will support the goal of innovation as outlined in the purposes of this title; ``(4) provide an estimate of the number of students that the applicant plans to serve under the proposed project, including the percentage of those students who are from special populations; ``(5) describe the applicant's plan for continuing the proposed project after funding under this title ends; ``(6) describe the applicant's partnership and communication with business, industry, and labor, as appropriate; ``(7) provide evidence of the eligible entity's ability to carry out the project, which may include information on other successful efforts to increase student achievement; ``(8) provide a description of the applicant's plan for independently evaluating the effectiveness of activities carried out with funds under this title; ``(9) provide an assurance that the applicant will-- ``(A) cooperate with evaluations, as requested by the Secretary; ``(B) make data available to third parties for validation and further study, in accordance with applicable data privacy laws, including section 444 of the General Education Provisions Act (20 U.S.C. 1232g, commonly known as the `Family Educational Rights and Privacy Act of 1974'); ``(C) participate in communities of practice; and ``(D) disseminate information about project activities; ``(10) provide a description of how the innovative project will support and coordinate with any funds received by project partners under title I, and with the activities outlined in State and local plans under title I; and ``(11) include an assurance from the applicable eligible agency that the project is aligned with State goals. ``SEC. 405. USES OF FUNDS. ``(a) Uses of Funds.-- ``(1) In general.--Each eligible entity that receives a grant under this title shall use the grant funds to carry out 1 or more of the following activities: ``(A) Designing and implementing programs of study aligned to labor market needs in new or emerging industries or occupations. ``(B) More seamlessly integrating academic and career and technical education components through new or improved education delivery models. ``(C) Implementing new assessment systems within career and technical education programs that measure career readiness skills for students, particularly focusing on measures of employability skills and industry-recognized credentials. ``(D) Incorporating new and emerging workforce skills into current career and technical education curriculum to ensure all programs are aligned to industry needs. ``(E) Ensuring students have access to up-to-date career pathway and labor market information through new or expanded comprehensive career education programs that link to existing labor market data. ``(F) Developing new programs to help students transition from secondary education to postsecondary education, or from completion of one postsecondary program to another postsecondary program awarding a higher-level credential. ``(G) Increasing the use of technology within career and technical education programs. ``(H) Redesigning current programs through the comprehensive use of innovative delivery models, curriculum, professional development, and other key elements. ``(I) Designing programs specifically targeted to disadvantaged populations, such as high school dropouts or dislocated workers. ``(J) Incorporating comprehensive work-based learning programs into the programs of study described in subparagraph (A). ``(2) Additional uses of funds.--In addition to the activities described in paragraph (1), each eligible entity that receives a grant under this title may use the grant funds-- ``(A) to improve the effectiveness of career and technical education teachers, administrators, or counselors through innovative recruitment, retention, or professional development efforts; and ``(B) for an independent evaluation of the innovative practices carried out with the grant. ``(b) Authority to Subgrant.-- ``(1) In general.--If an eligible entity that receives a grant under this title includes a member that is a nonprofit organization, such nonprofit organization may use the grant funds to award subgrants to other entities to provide support to 1 or more schools or local educational agencies. ``(2) Compliance with requirements of grantees.--Each entity awarded a subgrant under paragraph (1) shall comply with the requirements of this title relating to grantees, as appropriate. ``SEC. 406. PERFORMANCE MEASURES. ``The Secretary shall establish performance measures for the programs and activities carried out under this title. These measures, at a minimum, shall track the grantee's progress in improving outcomes for each subgroup of students included in the definition of special populations that is served by the grantee, including, as applicable, by-- ``(1) each of the core indicators of performance, as outlined in section 113; ``(2) improving career and technical education teacher and school leader effectiveness; or ``(3) any other indicator as the grantee may determine relative to the specific project proposed. ``SEC. 407. REPORTING. ``Each eligible entity that receives a grant under this title shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report that includes information on the entity's progress on the performance measures established under section 406, and the data supporting such progress. ``SEC. 408. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 2013 through 2017.''. (b) Table of Contents.--The table of contents in section 1(b) of the Carl D. Perkins Career and Technical Education Act of 2006 is amended by inserting after the item relating to section 324 the following: ``TITLE IV--CAREER AND TECHNICAL INNOVATION FUND ``Sec. 401. Purposes. ``Sec. 402. National activities. ``Sec. 403. Program authorized; length of grants; priorities. ``Sec. 404. Applications. ``Sec. 405. Uses of funds. ``Sec. 406. Performance measures. ``Sec. 407. Reporting. ``Sec. 408. Authorization of appropriations.''. | Career And Technical Innovation Fund Act of 2012 - Amends the Carl D. Perkins Career and Technical Education Act of 2006 to authorize the Secretary of Education to reserve a specified amount of funds appropriated for FY2013-FY2017 for certain activities of national significance, including: (1) capacity building, (2) technical assistance, (3) evaluation, and (4) dissemination of best practices. Directs the Secretary to award competitive grants, for a period of three years, to local educational agencies, area career and technical education schools, postsecondary vocational institutions and institutions of higher education, entities that carry out apprenticeship programs, and other partners to carry out specified programs and activities that meet certain performance standards to improve the effectiveness of career and technical education programs and teachers as well as increase student achievement to meet the needs of the future workforce. Requires the Secretary to set aside a specified amount of funds awarded to eligible entities for any fiscal year for projects to improve student outcomes in rural areas. Prescribes grant eligibility requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Independent Contractor Proper Classification Act of 2007''. SEC. 2. REFORMATION OF SAFE HARBOR TO CLOSE ITS USE AS A TAX LOOPHOLE. (a) Allowance of Prospective Reclassifications.-- (1) In general.--Section 530(a) of the Revenue Act of 1978, as amended by section 269(c)(1) of the Tax Equity and Fiscal Responsibility Act of 1982, is amended by adding at the end the following new paragraph: ``(5) Allowance of reclassifications.--Paragraph (1) shall not apply with respect to the treatment by a taxpayer of any individual for employment tax purposes for any period beginning after a determination by the Secretary of the Treasury that the individual should be treated as an employee of the taxpayer.''. (2) Effective date.--The amendment made by this subsection shall apply to determinations made after the date of the enactment of this Act. (b) Elimination of Ban on IRS Issuing Regulations or Revenue Rulings on Employee/independent Contractor Status.-- (1) In general.--Section 530 of the Revenue Act of 1978, as amended by section 269(c)(2) of the Tax Equity and Fiscal Responsibility Act of 1982, section 1706(a) of the Tax Reform Act of 1986, section 1122(a) of the Small Business Job Protection Act of 1996, and section 864(a) of the Pension Protection Act of 2006, is amended by striking subsection (b) and by redesignating subsections (c), (d), (e), and (f) as subsections (b), (c), (d), and (e), respectively. (2) Effective date.--The amendments made by this subsection shall take effect on the date of the enactment of this Act. (c) Elimination of Ability of Employers To Rely on Industry Practice as a Basis for Claiming Safe Harbor.-- (1) In general.--Section 530(a)(2) of the Revenue Act of 1978 is amended-- (A) by striking the semicolon at the end of subparagraph (A) and inserting ``; or'', (B) by striking the semicolon at the end of subparagraph (B) and inserting a period, and (C) by striking subparagraph (C). (2) Conforming amendments.-- (A) Section 530(d)(2) of the Revenue Act of 1978, as redesignated by subsection (b)(1), is amended-- (i) by striking the comma at the end of subparagraph (A) and inserting a period, (ii) by striking subparagraphs (B) and (C), and (iii) by striking ``subsection (a)(2)'' in the matter preceding subparagraph (A) and all that follows through ``a taxpayer'' and inserting ``subsection (a)(2), a taxpayer''. (B) Section 530(d)(4)(B) of such Act (as so redesignated) is amended by striking ``subparagraph (A), (B), or (C)'' and inserting ``subparagraph (A) or (B)''. (3) Effective date.--The amendments made by this subsection shall apply to periods beginning after the date which is 60 days after the date of the enactment of this Act. SEC. 3. REVIEW OF CLASSIFICATION STATUS. (a) In General.--Section 530 of the Revenue Act of 1978, as amended by section 2(b)(1), is amended by adding at the end the following new subsections: ``(f) Petitions for Review of Status.-- ``(1) In general.--Under procedures established by the Secretary of the Treasury not later than 90 days after the date of the enactment of this subsection, any individual who performs services for a taxpayer may petition (either personally or through a designated representative or attorney) for a determination of the individual's status for employment tax purposes. ``(2) Administrative procedures.--The procedures established under paragraph (1) shall provide for-- ``(A) a determination of status not later than 90 days after the filing of the petition with respect to employment in any industry (such as the construction industry) in which employment is transient, casual, or seasonal, ``(B) an administrative appeal of any determination that an individual is not an employee of the taxpayer, ``(C) the award of expenses, including expert witness fees and reasonable attorneys' fees for the individual against the taxpayer in any case in which the individual achieves reclassification, and ``(D) the assessment of such expenses against the taxpayer by the Secretary of the Treasury on behalf of such individual. ``(3) Prohibition against retaliation.-- ``(A) In general.--No taxpayer may discharge an individual, refuse to contract with an individual, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of the services provided by the individual because the individual (or any designated representative or attorney on behalf of such individual) filed a petition under paragraph (1). ``(B) Enforcement action.--An individual who alleges discharge or other discrimination by any taxpayer in violation of subparagraph (A) may seek relief under the procedures and remedies established under section 42121 of title 49, United States Code. ``(C) Rights retained by individual.--Nothing in this paragraph shall be deemed to diminish the rights, privileges, or remedies of any individual under any Federal or State law, or under any collective bargaining agreement. ``(g) Results of Misclassification Determinations.--In any case in which the Secretary of the Treasury determines that a taxpayer has misclassified an individual as not an employee for employment tax purposes, the Secretary of the Treasury shall-- ``(1) if necessary, perform an employment tax audit of such taxpayer, ``(2) inform the Department of Labor about such misclassification, ``(3) notify the individual of any eligibility for the refund of self-employment taxes under chapter 2 of the Internal Revenue Code of 1986, and ``(4) apply the provisions of section 3509 of the Internal Revenue Code of 1986 and direct the taxpayer to take affirmative action to abate the violation.''. (b) Effective Date.--The amendment made by this section shall take effect on the date of the enactment of this Act. SEC. 4. COORDINATION, ENFORCEMENT, AND COMPLIANCE. (a) Annual Reports.--The Secretary of the Treasury and the Secretary of Labor shall each issue annual reports on worker misclassification, including-- (1) information on the number and type of enforcement actions against, and audits of, employers who have misclassified workers, (2) relief obtained as a result of such actions against, and audits of, employers who have misclassified workers, (3) an overall estimate of the number of employers misclassifying workers, the number of workers affected, and the industries involved, (4) the impact of such misclassification on the Federal tax system, and (5) the aggregate number of worker misclassification cases with respect to which each Secretary has provided information to the other Secretary and the outcome of actions taken, if any, by each Secretary in each worker misclassification case with respect to which the Secretary has received such information. As part of the annual report, the Secretary of the Treasury shall include information on the outcomes of the petitions filed under section 530(f) of the Revenue Act of 1978 and the Secretary of Labor shall include information on the outcomes of the complaints and actions described in subsection (b)(1)(A) and the investigations required in subsection (b)(1)(B). (b) Enforcement Activities.-- (1) Department of labor.-- (A) Wage and hour enforcement.--The Secretary of Labor shall identify and track complaints and enforcement actions involving misclassification of independent contractors for the purposes of the laws enforced by the Wage and Hour Division of the Department of Labor. (B) Investigations of industries with worker misclassifications.--The Secretary of Labor shall conduct investigations of industries in which worker misclassification is present as determined by information (other than return information (as defined in section 6103(b)(2)) received from the Secretary of the Treasury and any other relevant information, including reports from other Federal agencies and State workforce, labor, and revenue agencies. (2) Authorization of appropriations.--There is authorized such sums as are necessary for the Department of the Treasury and the Department of Labor to carry out the purposes of the provisions of, and amendments made by, this Act. (3) Information sharing.--The Secretary of the Treasury and the Secretary of Labor shall exchange information on worker misclassification cases and shall provide such information with relevant State agencies. Upon receipt of such information, the Secretary of the Treasury and the Secretary of Labor shall determine whether further investigation is warranted in each case. SEC. 5. NOTICE TO EMPLOYEES AND INDEPENDENT CONTRACTORS AND MAINTENANCE OF INFORMATION REGARDING INDEPENDENT CONTRACTORS. (a) Notice of Right To Challenge Classification.--The Secretary of Labor shall provide for the placement of information on any poster required under the Fair Labor Standards Act informing workers of their right to seek a status determination from the Internal Revenue Service. (b) Employer Notices to Independent Contractors.--Each employer shall notify any individual who is hired by the employer as an independent contractor within the scope of the employer's trade or business, at the time of hire, of the Federal tax obligations of an independent contractor, the labor and employment law protections that do not apply to independent contractors, and the right of such independent contractor to seek a status determination from the Internal Revenue Service. The Secretary of the Treasury and the Secretary of Labor shall develop model materials for providing such notice. (c) Maintenance of Information Regarding Independent Contractors.-- Each employer shall maintain for 3 years a list of the independent contractors retained by the employer, including name, address, Social Security number and Federal tax identification number, and shall make the records available for inspection during investigations. | Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors. Requires the Secretary to establish a procedure for workers to petition for a determination of their status as employees or independent contractors. Prohibits employers from retaliating against workers filing a petition. Requires the Secretary to take certain actions upon determining that an employee has been misclassified as an independent contractor, including informing the Department of Labor of such misclassification. Requires the Secretaries of the Treasury and Labor to issue annual reports and exchange information on worker misclassification cases. Directs the Secretary of Labor to: (1) identify and track complaints involving worker misclassification for purposes of enforcing wage and hour laws; and (2) investigate industries identified by the Internal Revenue Service (IRS) as misclassifying workers. Directs the Secretary of Labor to include on workplace posters required by the Fair Labor Standards Act a notice informing workers of their right to seek a status determination (i.e., whether they are employees or independent contractors) from the IRS. Requires employers to: (1) notify their independent contractors of their federal tax obligations, the labor and employment protections inapplicable to independent contractors, and their right to seek a status determination from the IRS; and (2) maintain for three years a list of their independent contractors, including names and tax identification numbers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Dam Safety Act of 2012''. SEC. 2. PURPOSE. The purpose of this Act and the amendments made by this Act is to reduce the risks to life and property from dam failure in the United States through the reauthorization of an effective national dam safety program that brings together the expertise and resources of the Federal and non-Federal communities in achieving national dam safety hazard reduction. SEC. 3. ADMINISTRATOR. (a) In General.--The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking ``Director'' each place it appears and inserting ``Administrator''. (b) Conforming Amendment.--Section 2 of the National Dam Safety Program Act (33 U.S.C. 467) is amended-- (1) by striking paragraph (3); (2) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (3) by inserting before paragraph (2) (as redesignated by paragraph (2)) the following: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency.''. SEC. 4. INSPECTION OF DAMS. Section 3(b)(1) of the National Dam Safety Program Act (33 U.S.C. 467a(b)(1)) is amended by striking ``or maintenance'' and inserting ``maintenance, condition, or provisions for emergency operations''. SEC. 5. NATIONAL DAM SAFETY PROGRAM. (1) Objectives.--Section 8(c) of the National Dam Safety Program Act (33 U.S.C. 467f(c)) is amended by striking paragraph (4) and inserting the following: ``(4) develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents;''. (2) Board.--Section 8(f)(4) of the National Dam Safety Program Act (33 U.S.C. 467f(f)(4)) is amended by inserting ``, representatives from nongovernmental organizations,'' after ``State agencies''. SEC. 6. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended-- (1) by redesignating sections 11, 12, and 13 as sections 12, 13, and 14, respectively; and (2) by inserting after section 10 (33 U.S.C. 467g-1) the following: ``SEC. 11. PUBLIC AWARENESS AND OUTREACH FOR DAM SAFETY. ``The Administrator, in consultation with other Federal agencies, State and local governments, dam owners, the emergency management community, the private sector, nongovernmental organizations and associations, institutions of higher education, and any other appropriate entities shall carry out a nationwide public awareness and outreach program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents.''. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (1) National dam safety program.-- (A) Annual amounts.--Section 14(a)(1) of the National Dam Safety Program Act (33 U.S.C. 467j(a)(1)) (as so redesignated) is amended by striking ``$6,500,000'' and all that follows through ``2011'' and inserting ``$9,200,000 for each of fiscal years 2012 through 2016''. (B) Maximum amount of allocation.--Section 14(a)(2)(B) of the National Dam Safety Program Act (33 U.S.C. 467j(a)(2)(B)) (as so redesignated) is amended-- (i) by striking ``The amount'' and inserting the following: ``(i) In general.--The amount''; and (ii) by adding at the end the following: ``(ii) Fiscal year 2013 and subsequent fiscal years.--For fiscal year 2013 and each subsequent fiscal year, the amount of funds allocated to a State under this paragraph may not exceed the amount of funds committed by the State to implement dam safety activities.''. (2) National dam inventory.--Section 14(b) of the National Dam Safety Program Act (33 U.S.C. 467j(b)) (as so redesignated) is amended by striking ``$650,000'' and all that follows through ``2011'' and inserting ``$500,000 for each of fiscal years 2012 through 2016''. (3) Public awareness.--Section 14 of the National Dam Safety Program Act (33 U.S.C. 467j) (as so redesignated) is amended-- (A) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (B) by inserting after subsection (b) the following: ``(c) Public Awareness.--There is authorized to be appropriated to carry out section 11 $1,000,000 for each of fiscal years 2012 through 2016.''. (4) Research.--Section 14(d) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$1,600,000'' and all that follows through ``2011'' and inserting ``$1,450,000 for each of fiscal years 2012 through 2016''. (5) Dam safety training.--Section 14(e) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$550,000'' and all that follows through ``2011'' and inserting ``$750,000 for each of fiscal years 2012 through 2016''. (6) Staff.--Section 14(f) of the National Dam Safety Program Act (as so redesignated) is amended by striking ``$700,000'' and all that follows through ``2011'' and inserting ``$1,000,000 for each of fiscal years 2012 through 2016''. | Dam Safety Act of 2012 - Authorizes appropriations for the National Dam Safety Program for FY2012-FY2016. Requires the head of a federal agency, on request, to provide a state dam safety agency with information on the condition and provisions for emergency operations of any dam the failure of which would affect the state. Includes as an objective of the National Dam Safety Program the development and implementation of a comprehensive dam safety hazard education and public awareness program to assist the public in preparing for, mitigating, responding to, and recovering from dam incidents. Directs the Administrator of the Federal Emergency Management Agency (FEMA) to carry out such a public awareness and outreach program nationwide. Authorizes the Administrator to invite representatives from nongovernmental organizations to participate in meetings of the National Dam Safety Review Board. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Railroad Shipper Protection Act of 1997''. SEC. 2. FINDINGS. The Congress finds that-- (1) the railroad industry has consolidated dramatically since passage of the Staggers Rail Act of 1980 (94 Stat. 1895 et seq.), leaving the railroad industry with only a few major carriers and providing shippers with limited competitive options; (2) the financial health of the railroad industry has improved substantially since the passage of the Staggers Rail Act of 1980; (3) due partly to the continued consolidation of the railroad industry, captive rail shippers-- (A) continue to exist; and (B) are increasing in number; and (4) rail shippers, including captive rail shippers, will benefit from increased competition among railroads and a streamlined process under which the Surface Transportation Board determines the reasonableness of captive rail shipper rates. SEC. 3. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (2) Surface transportation board.--The term ``Surface Transportation Board'' or ``Board'' means the Surface Transportation Board established under section 701 of title 49, United States Code. SEC. 4. PURPOSES. The purposes of this Act are-- (1) to clarify the rail transportation policy of the United States; (2) to ensure rail competition for shippers in geographic areas in which rail competition is physically available; (3) to ensure reasonable rates for captive rail shippers; and (4) to remove unnecessary regulatory burdens from the rate reasonableness process of the Surface Transportation Board. SEC. 5. CLARIFICATION OF RAIL TRANSPORTATION POLICY. Section 10101 of title 49, United States Code, is amended-- (1) by inserting ``(a) In General.--'' before ``In regulating''; and (2) by adding at the end the following: ``(b) Primary Objectives.--The primary objectives of the rail transportation policy of the United States shall be-- ``(1) to ensure effective competition among rail carriers at origin and destination; and ``(2) to maintain reasonable rates in the absence of effective competition.''. SEC. 6. REQUIREMENT OF RAILROADS TO ESTABLISH RATES TO FACILITATE RAIL TO RAIL COMPETITION. (a) Establishment of Rate.--Section 11101(a) of title 49, United States Code, is amended by inserting after the first sentence the following: ``Upon the request of a shipper, a rail carrier shall establish a rate for transportation requested by the shipper between any 2 points on the system of that rail carrier where traffic originates, terminates, or may be interchanged. A rate established under the preceding sentence shall apply to the shipper that makes the request for the rate without regard to whether the rate established is for part of a through transportation route between an origin and a destination or whether the shipper has made arrangements for transportation over any other part of that through route.''. (b) Review of Reasonableness of Rate.--Section 10701(d) of title 49, United States Code, is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) If a rail carrier establishes a rate for transportation between any 2 points on the system of that rail carrier where rail traffic originates, terminates, or may be interchanged, the shipper may challenge the reasonableness of-- ``(A) that rate; or ``(B) the aggregate rate between origin and destination (if the rate established is for part of a through route).''. SEC. 7. SIMPLIFIED STANDARD FOR MARKET DOMINANCE. Section 10707(d) of title 49, United States Code, is amended-- (1) by striking paragraph (2); (2) by striking ``(1)(A)'' and inserting ``(3)''; (3) by striking ``(B) For purposes'' and inserting ``(4) For purposes''; and (4) by inserting before paragraph (3), as redesignated, the following: ``(1) In making a determination under this section, the Board shall find that the rail carrier establishing the challenged rate referred to in subsection (b) has market dominance over the transportation to which the rate applies if that rail carrier-- ``(A) is the only rail carrier serving the origin, destination, or intermediate portion of the route involved; and ``(B) does not prove to the Board that the rate charged results in a revenue-variable cost percentage for that transportation that is less than 180 percent. ``(2) In making a market dominance determination under this section in any case in which 2 or more rail carriers provide service at an origin or destination, the Board shall consider only transportation competition at that origin or destination.''. SEC. 8. REVENUE ADEQUACY DETERMINATIONS. (a) Rail Transportation Policy.--Section 10101(3) of title 49, United States Code, is amended by striking ``, as determined by the Board;''. (b) Authority for Revenue Adequacy Determination.--Section 10704(a) of title 49, United States Code, is amended-- (1) by striking ``(a)(1)'' and inserting ``(a)''; and (2) by striking paragraphs (2) and (3). SEC. 9. REDUCTION OF PROCEDURAL BARRIERS FACED BY SMALL SHIPPERS. (a) Administrative Relief.--Not later than 180 days after the date of enactment of this Act, the Surface Transportation Board shall-- (1) review the rules and procedures applicable to rate complaints and other complaints filed with the Board by small shippers; (2) identify any such rules or procedures that are unduly burdensome to small shippers; and (3) take such action, including rulemaking, as is appropriate to reduce or eliminate the aspects of the rules and procedures that the Board determines under paragraph (2) to be unduly burdensome to small shippers. (b) Legislative Relief.--The Board shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives if the Board determines that additional changes in the rules and procedures described in subsection (a) are appropriate and require commensurate changes in statutory law. In making that notification, the Board shall make recommendations concerning those changes. | Railroad Shipper Protection Act of 1997 - Amends Federal transportation law to declare as primary objectives for U.S. rail transportation policy: (1) ensuring effective competition among rail carriers at origin and destination; and (2) maintaining reasonable rates in the absence of such competition. Requires a rail carrier, upon request from a shipper, to establish a rail transportation rate between any two points on the carrier's system where traffic originates, terminates, or may be interchanged. Authorizes such shipper to then challenge the reasonableness of the rate established or the aggregate rate between origin and destination (if the rate established is for part of a through rate). Requires the Surface Transportation Board to find that the rail carrier establishing a challenged rail rate has market dominance over the transportation to which the rate applies if such carrier: (1) is the only carrier serving the origin, destination, or intermediate portion of the route involved; or (2) does not prove to the Board that the rate charged results in a revenue-variable cost percentage for that transportation that is less than 180 percent. Terminates Board authority to determine the revenue adequacy of rail carriers. Directs the Board to: (1) review and take appropriate action with respect to the rules and procedures applicable to rate complaints and other complaints filed with the Board by small shippers; and (2) notify specified congressional committees if it determines that additional (legislative) changes in such rules and procedures are appropriate. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Inclusion Act''. SEC. 2. LEAVE TO CARE FOR A DOMESTIC PARTNER, PARENT-IN-LAW, ADULT CHILD, SIBLING, GRANDPARENT, GRANDCHILD, OR OTHER INDIVIDUAL RELATED BY BLOOD OR AFFINITY. (a) Definitions.-- (1) Inclusion of grandparents, grandchildren, parents-in- law, siblings, and domestic partners.--Section 101 of such Act is further amended by adding at the end the following: ``(20) Domestic partner.--The term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State; or ``(B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employer by such employee as that employee's domestic partner. ``(21) Grandchild.--The term `grandchild' means the son or daughter of an employee's son or daughter. ``(22) Grandparent.--The term `grandparent' means a parent of a parent of an employee. ``(23) Parent-in-law.--The term `parent-in-law' means a parent of the spouse or domestic partner of an employee. ``(24) Sibling.--The term `sibling' means any person who is a son or daughter of an employee's parent. ``(25) Son-in-law and daughter-in-law.--The terms `son-in- law' and `daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.''. (2) Inclusion of adult children and children of a domestic partner.--Section 101(12) of such Act (29 U.S.C. 2611(12)) is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 102 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612) is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual''; (2) in subsection (a)(1)(E), by striking ``spouse, or a son, daughter, or parent of the employee'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; (3) in subsection (a)(3), by striking ``spouse, son, daughter, parent, or next of kin of a covered servicemember'' and inserting ``spouse or domestic partner, son, daughter, son- in-law, daughter-in-law, parent, parent-in-law, grandparent, or sibling, or next of kin of a covered servicemember, or any other individual related by blood or affinity to a covered servicemember who close association with such servicemember is the equivalent of a family relationship''; (4) in subsection (e)(2)(A), by striking ``spouse, parent, or covered servicemember of the employee'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or covered servicemember of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; (5) in subsection (e)(3), by striking ``spouse, or a son, daughter, or parent, of the employee'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, or sibling, of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; and (6) in subsection (f)-- (A) in the matter preceding subparagraph (A), by inserting ``or domestic partners'' after ``husband and wife''; and (B) in subparagraph (B), by inserting ``or parent- in-law'' after ``parent''. (c) Certification.--Section 103 of the Family and Medical Leave Act of 1993 (29 U.S.C. 2613) is amended-- (1) in subsection (a), by striking ``spouse, or parent of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, or sibling of the employee, or of the next of kin of an individual in the case of leave taken under such paragraph (3), as appropriate, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; (2) in subsection (b)(4)(A), by striking ``spouse, or parent and an estimate of the amount of time that such employee is needed to care for the son, daughter, spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, sibling, or such other individual''; and (3) in subsection (b)(7), by striking ``parent, or spouse'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''. (d) Employment and Benefits Protection.--Section 104(c)(3) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2614(c)(3)) is amended-- (1) in subparagraph (A)(i), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; and (2) in subparagraph (C)(ii), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''. SEC. 3. FEDERAL EMPLOYEES. (a) Definitions.-- (1) Inclusion of domestic partners, parents-in-law, adult children, siblings, grandparents, grandchildren, or other individuals related by blood or affinity.--Section 6381 of title 5, United States Code, is amended-- (A) in paragraph (11) by striking ``; and'' and inserting a semicolon; (B) in paragraph (12), by striking the period and inserting a semicolon; and (C) by adding at the end the following: ``(13) the term `domestic partner' means-- ``(A) the person recognized as the domestic partner of the employee under any domestic partner registry or civil union laws of the State or political subdivision of a State; or ``(B) in the case of an unmarried employee, an unmarried adult person who is in a committed, personal relationship with the employee, is not a domestic partner to any other person, and who is designated to the employing agency by such employee as that employee's domestic partner; ``(14) the term `parent-in-law' means a parent of the spouse or domestic partner of an employee; ``(15) the term `grandchild' means the son or daughter of an employee's son or daughter; ``(16) the term `grandparent' means a parent of a parent of an employee; ``(17) the term `sibling' means any person who is a son or daughter of an employee's parent; and ``(18) the terms `son-in-law and daughter-in-law', used with respect to an employee, means any person who is a spouse or domestic partner of a son or daughter of the employee.''. (2) Inclusion of adult children and children of a domestic partner.--Section 6381(6) of such title is amended-- (A) by inserting ``a child of an individual's domestic partner,'' after ``a legal ward,''; and (B) by striking ``who is--'' and all that follows and inserting ``and includes an adult child''. (b) Leave Requirement.--Section 6382 of title 5, United States Code, is amended-- (1) in subsection (a)(1)(C), by striking ``spouse, or a son, daughter, or parent of the employee, if such spouse, son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandparent, grandchild, or sibling, of the employee, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if such spouse, domestic partner, son, daughter, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual''; (2) in subsection (a)(1)(E), by striking ``spouse, or a son, daughter, or parent'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship''; (3) in subsection (a)(3), by striking ``spouse, son, daughter, parent,'' and inserting ``spouse or domestic partner, son, daughter, son-in-law, daughter-in-law, parent, parent-in- law, grandparent, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship,''; (4) in subsection (e)(2)(A), by striking ``spouse, parent,'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship,''; and (5) in subsection (e)(3), by striking ``spouse, or a son, daughter, or parent,'' and inserting ``spouse or domestic partner, or a son, daughter, parent, parent-in-law, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship,''. (c) Certification.--Section 6383 of title 5, United States Code, is amended-- (1) in subsection (a), by striking ``spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in- law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship,''; and (2) in subsection (b)(4)(A), by striking ``spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent'' and inserting ``spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse or domestic partner, parent, parent-in-law, grandparent, grandchild, sibling, or such other individual''. | Family and Medical Leave Inclusion Act This bill amends the Family and Medical Leave Act of 1993 to entitle an eligible employee to leave to care for a domestic partner or his or her child, parent-in-law, adult child, sibling, grandparent, grandchild, or any other person related by blood or affinity whose close association with the employee is the equivalent of a family relationship, if that person has a serious health condition. This bill applies the same leave allowance to federal employees. |
Subsets and Splits