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SEC. 1. SHORT TITLE. This Act may be cited as the ``Taxpayers Right-To-Know Act''. SEC. 2. AGENCY REQUIREMENTS RELATING TO ANNUAL REPORT ON THE COST AND PERFORMANCE OF GOVERNMENT PROGRAMS AND AREAS OF DUPLICATION AMONG PROGRAMS. (a) Requirement to Identify and Describe Programs.--On an annual basis, for purposes of the report required by subsection (b), the head of each agency shall-- (1) identify and describe every program administered by the agency; (2) for each such program-- (A) determine the total administrative expenses of the program; (B) determine the expenditures for services for the program; (C) estimate the number of clients served by the program and beneficiaries who received assistance under the program (if applicable); and (D) estimate-- (i) the number of full-time employees who administer the program; and (ii) the number of full-time equivalents (whose salary is paid in part or full by the Federal Government through a grant or contract, a subaward of a grant or contract, a cooperative agreement, or another form of financial award or assistance) who assist in administering the program; and (3) identify programs within the agency with duplicative or overlapping missions, services, and allowable uses of funds. (b) Report.--Not later than February 1 of each fiscal year, the head of each agency shall create a link on the homepage of the official public website of the agency to a report containing the following: (1) Identification and description of programs.--The information required under subsection (a) with respect to the preceding fiscal year. (2) Performance reviews.--The latest performance reviews (including the program performance reports required under section 1116 of title 31, United States Code) of each program of the agency identified under subsection (a)(1), including performance indicators, performance goals, output measures, and other specific metrics used to review the program and how the program performed on each. (3) Improper payment information.--For all programs and activities that may be susceptible to significant improper payments, as identified by the head of the agency under section 2(a) of the Improper Payments Information Act of 2002 (31 U.S.C. 321 note), the latest improper payment rate and the total estimated amount of improper payments during the preceding fiscal year, including fraudulent payments and overpayments. (4) Expired grant funding.--The total amount of undisbursed grant funding remaining in grant accounts for which the period of availability to the grantee has expired. (5) Recommendations.--Such recommendations as the head of the agency considers appropriate-- (A) to consolidate programs within the agency that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (c) Relationship to Catalog of Domestic Financial Assistance.--With respect to the requirements of subsections (a)(1) and (a)(2)(B), the head of an agency may use the same information provided in the Catalog of Domestic Financial Assistance if applicable. (d) Format.--Each agency shall make reports required by subsection (b) available in a searchable, machine-readable format, and shall expend no funds for the printing of such reports, except when providing such documents to the Congress. SEC. 3. OFFICE OF MANAGEMENT AND BUDGET REQUIREMENTS RELATING TO ANNUAL REPORT ON THE COST AND PERFORMANCE OF GOVERNMENT PROGRAMS AND AREAS OF DUPLICATION AMONG PROGRAMS. (a) Report by Office of Management and Budget.--Not later than February 1 of each fiscal year, the Director of the Office of Management and Budget shall publish on the official public website of the Office of Management and Budget a report containing the following: (1) Identification of duplicative programs.--An identification of programs across agencies with duplicative or overlapping missions, services, and allowable uses of funds. (2) Recommendations.--Such recommendations as the Director considers appropriate-- (A) to consolidate programs across agencies that are duplicative or overlapping; (B) to eliminate waste and inefficiency; and (C) to terminate lower priority, outdated, and unnecessary programs and initiatives. (b) Relationship to President's Budget.--With respect to the requirements of subsection (a)(2), the Director may use the same information provided in the President's annual budget submission, if applicable. SEC. 4. DEFINITIONS. In this Act: (1) Administrative costs.--The term ``administrative costs'' has the meaning as determined by the Director of the Office of Management and Budget under section 504(b)(2) of Public Law 111-85 (31 U.S.C. 1105 note), except the term shall also include, for purposes of that section and this section, with respect to an agency-- (A) costs incurred by the agency as well as costs incurred by grantees, subgrantees, and other recipients of funds from a grant program or other program administered by the agency; and (B) expenses related to personnel salaries and benefits, property management, travel, program management, promotion, reviews and audits, case management, and communication about, promotion of, and outreach for programs and program activities administered by the agency. (2) Services.--The term ``services'' has the meaning provided by the Director of the Office of Management and Budget and shall be limited to only activities, assistance, and aid that provide a direct benefit to a recipient, such as the provision of medical care, assistance for housing or tuition, or financial support (including grants and loans). (3) Agency.--The term ``agency'' has the same meaning given that term in section 551(1) of title 5, United States Code, except that the term also includes offices in the legislative branch other than the Government Accountability Office. (4) Performance indicator, performance goal, output measure, program activity.--The terms ``performance indicator'', ``performance goal'', ``output measure'', and ``program activity'' have the meanings provided by section 1115 of title 31, United States Code. (5) Program.--The term ``program'' has the meaning provided by the Director of the Office of Management and Budget and shall include, with respect to an agency, any organized set of activities directed toward a common purpose or goal undertaken by the agency that includes services, projects, processes, or financial or other forms of assistance, including grants, contracts, cooperative agreements, compacts, loans, leases, technical support, consultation, or other guidance. SEC. 5. CLASSIFIED INFORMATION. Nothing in this Act shall be construed to require the disclosure of classified information. SEC. 6. REGULATIONS AND IMPLEMENTATION. (a) Regulations.--Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall prescribe regulations to implement this Act. (b) Implementation.--This Act shall be implemented beginning with the first full fiscal year occurring after the date of the enactment of this Act. Amend the title so as to read: ``A bill to provide taxpayers with an annual report disclosing the cost and performance of Government programs and areas of duplication among them.''. | Taxpayers Right-To-Know Act - Requires the head of each federal agency, on an annual basis, to: (1) identify and describe every program administered by such agency; (2) determine the total administrative expenses and expenditures for services for each program; (3) estimate the number of clients served by each program and the beneficiaries who received assistance under each program; (4) estimate the number of full-time federal and contract employees who administer each program; and (5) identify federal programs with duplicative or overlapping missions, services, and allowable uses of funds. Requires each agency head to publish on the agency website, not later than February 1 of each fiscal year, the information required by this Act, the latest performance reviews of each agency program, improper payment rates, the total amount of undisbursed grant funding remaining in grant accounts, and recommendations for consolidating duplicative or overlapping programs, eliminating waste and inefficiency, and terminating lower priority, outdated, and unnecessary programs and initiatives. Requires the Director of the Office of Management and Budget (OMB), not later than February 1 of each fiscal year, to publish on the OMB website a report that contains: (1) an identification of programs across agencies with duplicative or overlapping missions, services, and allowable uses of funds; and (2) recommendations to consolidate duplicative programs, eliminate waste and inefficiency, and terminate lower priority, outdated, and unnecessary programs and initiatives. Declares that nothing in this Act shall be construed to require the disclosure of classified information. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Urban Search and Rescue Response System Act of 2016''. SEC. 2. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. (a) In General.--Title III of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141 et seq.) is amended by adding at the end the following: ``SEC. 327. NATIONAL URBAN SEARCH AND RESCUE RESPONSE SYSTEM. ``(a) Definitions.--In this section, the following definitions shall apply: ``(1) Administrator.--The term `Administrator' means the Administrator of the Federal Emergency Management Agency. ``(2) Agency.--The term `Agency' means the Federal Emergency Management Agency. ``(3) Hazard.--The term `hazard' has the meaning given the term in section 602. ``(4) Nonemployee system member.--The term `nonemployee System member' means a System member not employed by a sponsoring agency or participating agency. ``(5) Participating agency.--The term `participating agency' means a State or local government, nonprofit organization, or private organization that has executed an agreement with a sponsoring agency to participate in the System. ``(6) Sponsoring agency.--The term `sponsoring agency' means a State or local government that is the sponsor of a task force designated by the Administrator to participate in the System. ``(7) System.--The term `System' means the National Urban Search and Rescue Response System to be administered under this section. ``(8) System member.--The term `System member' means an individual who is not a full-time employee of the Federal Government and who serves on a task force or on a System management or other technical team. ``(9) Task force.--The term `task force' means an urban search and rescue team designated by the Administrator to participate in the System. ``(b) General Authority.--Subject to the requirements of this section, the Administrator shall continue to administer the emergency response system known as the National Urban Search and Rescue Response System. ``(c) Functions.--In administering the System, the Administrator shall provide for a national network of standardized search and rescue resources to assist States and local governments in responding to hazards. ``(d) Task Forces.-- ``(1) Designation.--The Administrator shall designate task forces to participate in the System. The Administration shall determine the criteria for such participation. ``(2) Sponsoring agencies.--Each task force shall have a sponsoring agency. The Administrator shall enter into an agreement with the sponsoring agency with respect to the participation of each task force in the System. ``(3) Composition.-- ``(A) Participating agencies.--A task force may include, at the discretion of the sponsoring agency, one or more participating agencies. The sponsoring agency shall enter into an agreement with each participating agency with respect to the participation of the participating agency on the task force. ``(B) Other individuals.--A task force may also include, at the discretion of the sponsoring agency, other individuals not otherwise associated with the sponsoring agency or a participating agency. The sponsoring agency of a task force may enter into a separate agreement with each such individual with respect to the participation of the individual on the task force. ``(e) Management and Technical Teams.--The Administrator shall maintain such management teams and other technical teams as the Administrator determines are necessary to administer the System. ``(f) Appointment of System Members Into Federal Service.-- ``(1) In general.--The Administrator may appoint a System member into Federal service for a period of service to provide for the participation of the System member in exercises, preincident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by the Administrator. ``(2) Nonapplicability of certain civil service laws.--The Administrator may make appointments under paragraph (1) without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. ``(3) Relationship to other authorities.--The authority of the Administrator to make appointments under this subsection shall not affect any other authority of the Administrator under this Act. ``(4) Limitation.--A System member who is appointed into Federal service under paragraph (1) shall not be considered an employee of the United States for purposes other than those specifically set forth in this section. ``(g) Compensation.-- ``(1) Pay of system members.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force-- ``(A) to reimburse each employer of a System member on the task force for compensation paid by the employer to the System member for any period during which the System member is appointed into Federal service under subsection (f)(1); and ``(B) to make payments directly to a nonemployee System member on the task force for any period during which the nonemployee System member is appointed into Federal service under subsection (f)(1). ``(2) Reimbursement for employees filling positions of system members.-- ``(A) In general.--Subject to such terms and conditions as the Administrator may impose by regulation, the Administrator shall make payments to the sponsoring agency of a task force to be used to reimburse each employer of a System member on the task force for compensation paid by the employer to an employee filling a position normally filled by the System member for any period during which the System member is appointed into Federal service under subsection (f)(1). ``(B) Limitation.--Costs incurred by an employer shall be eligible for reimbursement under subparagraph (A) only to the extent that the costs are in excess of the costs that would have been incurred by the employer had the System member not been appointed into Federal service under subsection (f)(1). ``(3) Method of payment.--A System member shall not be entitled to pay directly from the Agency for a period during which the System member is appointed into Federal Service under subsection (f)(1). ``(h) Personal Injury, Illness, Disability, or Death.-- ``(1) In general.--A System member who is appointed into Federal service under subsection (f)(1) and who suffers personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such appointment, shall, for the purposes of subchapter I of chapter 81 of title 5, United States Code, be treated as though the member were an employee (as defined by section 8101 of that title) who had sustained the injury in the performance of duty. ``(2) Election of benefits.-- ``(A) In general.--A System member (or, in the case of the death of the System member, the System member's dependent) who is entitled under paragraph (1) to receive benefits under subchapter I of chapter 81 of title 5, United States Code, by reason of personal injury, illness, disability, or death, and to receive benefits from a State or local government by reason of the same personal injury, illness, disability or death shall elect to-- ``(i) receive benefits under such subchapter; or ``(ii) receive benefits from the State or local government. ``(B) Deadline.--A System member or dependent shall make an election of benefits under subparagraph (A) not later than 1 year after the date of the personal injury, illness, disability, or death that is the reason for the benefits, or until such later date as the Secretary of Labor may allow for reasonable cause shown. ``(C) Effect of election.--An election of benefits made under this paragraph is irrevocable unless otherwise provided by law. ``(3) Reimbursement for state or local benefits.--Subject to such terms and conditions as the Administrator may impose by regulation, if a System member or dependent elects to receive benefits from a State or local government under paragraph (2)(A), the Administrator shall reimburse the State or local government for the value of the benefits. ``(4) Public safety officer claims.--Nothing in this subsection shall be construed to bar any claim by, or with respect to, any System member who is a public safety officer, as defined in section 1204 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b), for any benefits authorized under part L of title I of that Act (42 U.S.C. 3796 et seq.). ``(i) Liability.--A System member appointed into Federal service under subsection (f)(1), while acting within the scope of the appointment, shall be considered to be an employee of the Federal Government under section 1346(b) of title 28, United States Code, and chapter 171 of that title, relating to tort claims procedure. ``(j) Employment and Reemployment Rights.--With respect to a System member who is not a regular full-time employee of a sponsoring agency or participating agency, the following terms and conditions apply: ``(1) Service.--Service as a System member shall be considered to be `service in the uniformed services' for purposes of chapter 43 of title 38, United States Code, relating to employment and reemployment rights of individuals who have performed service in the uniformed services (regardless of whether the individual receives compensation for such participation). All rights and obligations of such persons and procedures for assistance, enforcement, and investigation shall be as provided for in such chapter. ``(2) Preclusion.--Preclusion of giving notice of service by necessity of appointment under this section shall be considered to be preclusion by `military necessity' for purposes of section 4312(b) of title 38, United States Code, pertaining to giving notice of absence from a position of employment. A determination of such necessity shall be made by the Administrator and shall not be subject to judicial review. ``(k) Licenses and Permits.--If a System member holds a valid license, certificate, or other permit issued by any State or other governmental jurisdiction evidencing the member's qualifications in any professional, mechanical, or other skill or type of assistance required by the System, the System member is deemed to be performing a Federal activity when rendering aid involving such skill or assistance during a period of appointment into Federal service under subsection (f)(1). ``(l) Preparedness Cooperative Agreements.--Subject to the availability of appropriations for such purpose, the Administrator shall enter into an annual preparedness cooperative agreement with each sponsoring agency. Amounts made available to a sponsoring agency under such a preparedness cooperative agreement shall be for the following purposes: ``(1) Training and exercises, including training and exercises with other Federal, State, and local government response entities. ``(2) Acquisition and maintenance of equipment, including interoperable communications and personal protective equipment. ``(3) Medical monitoring required for responder safety and health in anticipation of and following a major disaster, emergency, or other hazard, as determined by the Administrator. ``(m) Response Cooperative Agreements.--The Administrator shall enter into a response cooperative agreement with each sponsoring agency, as appropriate, under which the Administrator agrees to reimburse the sponsoring agency for costs incurred by the sponsoring agency in responding to a major disaster or emergency. ``(n) Obligations.--The Administrator may incur all necessary obligations consistent with this section in order to ensure the effectiveness of the System. ``(o) Equipment Maintenance and Replacement.--Not later than 180 days after the date of enactment of this section, the Administrator shall submit to the appropriate congressional committees (as defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101)) a report on the development of a plan, including implementation steps and timeframes, to finance, maintain, and replace System equipment.''. (b) Conforming Amendments.-- (1) Applicability of title 5, united states code.--Section 8101(1) of title 5, United States Code, is amended-- (A) in subparagraph (D), by striking ``and'' at the end; (B) by transferring subparagraph (F) to between subparagraph (E) and the matter following subparagraph (E); (C) in subparagraph (F)-- (i) by striking ``United States Code,''; and (ii) by adding ``and'' at the end; and (D) by inserting after subparagraph (F) the following: ``(G) an individual who is a System member of the National Urban Search and Rescue Response System during a period of appointment into Federal service pursuant to section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act;''. (2) Inclusion as part of uniformed services for purposes of userra.--Section 4303 of title 38, United States Code, is amended-- (A) in paragraph (13), by inserting ``, a period for which a System member of the National Urban Search and Rescue Response System is absent from a position of employment due to an appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act'' before ``, and a period''; and (B) in paragraph (16), by inserting ``System members of the National Urban Search and Rescue Response System during a period of appointment into Federal service under section 327 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,'' after ``Public Health Service,''. (c) Technical Amendment.--Section 1086(d) of the National Defense Authorization Act for Fiscal Year 2013 is amended as follows (which amendments shall take effect as if enacted on January 2, 2013)-- (1) in paragraph (1)-- (A) by striking ``paragraph (1)'' and inserting ``paragraph (2)''; and (B) in subparagraph (B) by striking ``filed or'' and inserting ``filed (consistent with pre-existing effective dates) or''; and (2) in paragraph (2)(A), by striking ``amendments made by this Act'' and inserting ``amendments made to section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b) by this Act''. 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 was passed by the House on December 7, 2016. National Urban Search and Rescue Response System Act of 2016 (Sec. 2) This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to direct the Federal Emergency Management Agency (FEMA) to: (1) continue to administer the National Urban Search and Rescue Response System; (2) provide for a national network of standardized search and rescue resources to assist states and local governments in responding to hazards; (3) designate urban search and rescue teams to participate in the system, determine participation criteria, and enter into an agreement with the state or local government agency sponsoring each team with respect to such participation; and (4) maintain management and technical teams necessary to administer the system. FEMA may appoint a system member for a period of federal service to provide for the participation of such member in exercises, pre-incident staging, major disaster and emergency response activities, and training events sponsored or sanctioned by FEMA. FEMA shall enter into: (1) an annual preparedness cooperative agreement under which amounts shall be made available to a sponsoring agency for training and exercises, acquisition and maintenance of equipment, and medical monitoring required for responder safety and health; and (2) a response cooperative agreement under which FEMA shall reimburse a sponsoring agency for costs incurred in responding to a major disaster or emergency. FEMA shall submit a report on the development of a plan to finance, maintain, and replace system equipment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Master Teacher Scholarship Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Programs in title II of the Higher Education Act of 1965 (20 U.S.C. 1021 et seq.) address improving the quality of the teaching workforce and holding institutions of higher education accountable for preparing teachers. However, States are still finding it difficult to provide high-quality teachers in the areas of mathematics and science and for secondary schools. (2) Under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), as amended by the No Child Left Behind Act of 2001 (Public Law 107-110, 115 Stat. 1425), States are required to ensure that all teachers teaching in core academic subjects within the State are highly qualified by not later than the end of the 2005-2006 school year. Yet schools in rural areas and high-poverty schools have trouble attracting and retaining such teachers. (3) Teacher retention is at the main root of teacher shortages, and recruitment initiatives alone will not solve this problem. SEC. 3. DEFINITIONS. In this Act: (1) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves a school that qualifies under section 465(a)(2)(A) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) for loan cancellation for Perkins loan recipients who teach in such schools. (2) Eligible teacher.--The term ``eligible teacher'' means a teacher who is employed by the eligible local educational agency included in the partnership with the teacher preparation program and is-- (A) an elementary school or secondary school special education teacher; or (B) a middle school or secondary school teacher who teaches in the area of mathematics, science, or foreign languages. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. (4) Teacher preparation program.--The term ``teacher preparation program'' means a school of education program at an institution of higher education that provides courses of study leading to a graduate degree. SEC. 4. PROGRAM AUTHORIZED. (a) In General.--The Secretary may award grants to teacher preparation programs for the purpose of enabling the teacher preparation programs to award scholarships to assist eligible teachers in obtaining a graduate level degree from the teacher preparation program. (b) Application.--Each teacher preparation program applying for a grant shall submit, in partnership with an eligible local educational agency, an application to the Secretary describing-- (1) the partnership between the teacher preparation program and the eligible local educational agency; and (2) how the teacher preparation program is designed to meet the needs of the teachers participating in the program and the partnering local educational agency, including mentoring and alignment of the teacher preparation program with the high academic standards that students of the State where the teacher preparation program is located are expected to meet. (c) Use of Funds.-- (1) In general.--Each teacher preparation program receiving a grant under this Act shall use the grant funds to award scholarships to eligible teachers pursuing a graduate degree in the area of mathematics, science, foreign language, or special education. (2) Administrative costs.--Each teacher preparation program receiving a grant under this Act may use not more than 1 percent of the grant funds-- (A) to administer the scholarship program; (B) to recruit teachers to participate in the program; and (C) to assist in designing the program to meet the needs of the teacher and school. (d) Scholarships.--Each individual awarded a scholarship under this Act shall use the scholarship funds only to pay for the tuition and fees associated with obtaining a graduate level degree. SEC. 5. SCHOLARSHIP AGREEMENT. Each eligible teacher awarded a scholarship under this Act shall enter into an agreement with the eligible local educational agency and the teacher preparation program, under which-- (1) the teacher preparation program agrees to award a scholarship of a total of not less than $5,000 and not more than $7,000 to the eligible teacher; and (2) the eligible teacher agrees-- (A) to teach for 5 years after receiving the graduate level degree, in the school the eligible teacher previously taught or in a school designated by the eligible local educational agency; (B) to mentor a novice teacher in the eligible local educational agency for 2 years; and (C) to repay a pro rata portion of the scholarship funds received if the teacher fails to comply with subparagraph (A). SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $30,000,000 for fiscal year 2006 and each of the 5 succeeding fiscal years. | Master Teacher Scholarship Act of 2005 - Authorizes the Secretary of Education to make grants to teacher preparation programs (schools of education at institutions of higher education) to award scholarships to assist eligible teachers in obtaining a graduate level degree from such programs. Makes eligible for such scholarships any teachers who: (1) teach elementary or secondary school special education or teach middle or secondary school mathematics, science, or foreign languages; (2) are employed by a local education agency (LEA) that serves a school qualifying for teacher Perkins loan cancellation, and that is in partnership with the teacher preparation program; and (3) agree to teach, for five years after receiving the degree, at the school they previously taught or one designated by the LEA, and to mentor a novice teacher in the LEA for two years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on Retirement Security Act of 2018''. SEC. 2. ESTABLISHMENT. There is established in the executive branch a commission to be known as the ``Commission on Retirement Security'' (referred to in this Act as the ``Commission''). SEC. 3. MEMBERS OF THE COMMISSION. (a) Number and Appointment.--The Commission shall be comprised of 15 members as follows: (1) The Secretary of Labor (or the Secretary's designee). (2) The Secretary of the Treasury (or the Secretary's designee). (3) The Secretary of Commerce (or the Secretary's designee). (4) Three shall be appointed by the Speaker of the House of Representatives, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (5) Three shall be appointed by the minority leader of the House of Representatives, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (6) Three shall be appointed by the majority leader of the Senate, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (7) Three shall be appointed by the minority leader of the Senate, of whom-- (A) one shall be an expert in economics or behavioral economics, with particular experience in retirement security, aging, benefits, or pensions plan design, finance, serial employment, or the contingent workforce; (B) one shall be a practitioner with expertise or experience engaging with employers, labor unions, and consumers designing and administering retirement plans; and (C) one shall be a current or former Member of Congress. (b) Expertise.--In making appointments under this section, consideration should be given to individuals with expertise in economics, behavioral economics, retirement security, savings incentives, pension plan design, benefit plan design, actuarial science, the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), or consumer protection. (c) Chairperson and Co-Chairperson.-- (1) Chairperson.--The President shall select the chairperson of the Commission from among the Members selected for the Commission. (2) Co-chairperson.--The co-chairperson shall be selected as follows: (A) If, on the date of appointment, the majority leader of the Senate is of a different political party than the President, such majority leader shall select the co-chairperson from among the Members selected for the Commission. (B) If, on the date of appointment, the majority leader of the Senate is of the same political party as the President, the minority leader of the Senate shall select the co-chairperson from among the Members selected for the Commission. (d) Timing of Appointments.--Appointments to the Commission shall be made not later than 45 days after the date of enactment of this Act. (e) Terms; Vacancies.--Each member shall be appointed for the duration of the Commission. Any vacancy in the Commission shall not affect its powers, and shall be filled in the manner in which the original appointment was made. (f) Hearings.--In carrying out its duties under this Act, the Commission is authorized to hold such hearings and take testimony with respect to matters to which it has a responsibility under this Act. The Chairperson, or any member authorized by the Chairperson, may administer oaths or affirmations to witnesses appearing before the Commission. The Commission shall hold, at minimum, not fewer than 4 hearings in a location that is outside of the metropolitan area of Washington, DC, and within the United States. (g) Compensation.--Members of the Commission shall serve without pay. (h) Travel Expenses.--Each member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. SEC. 4. DUTIES OF THE COMMISSION. (a) Study of Retirement Security.--The Commission shall-- (1) conduct a comprehensive study of the state of retirement security in America, which shall include-- (A) a comprehensive review of private benefit programs existing in the United States, with a particular focus on the historical movement from defined benefit to defined contribution models; (B) a comprehensive review of private retirement coverage, individual and household accounts balances, investment trends, costs and net returns, and retention and distribution during retirement; (C) a comprehensive review of societal trends, including wage growth, economic growth, unique small business challenges, serial employment, gig economy, health care costs, life expectancy, and shrinking household size, that could lead future generations to be less financially secure in retirement compared to previous generations; and (D) a comprehensive review of other countries' retirement programs; and (2) submit to Congress recommendations on how to improve or replace existing private retirement programs. (b) Report.--Upon the affirmative vote of at least \3/4\ of the members of the Commission, the Commission shall submit to the President and Congress a detailed statement of its findings and conclusions as a result of the study under subsection (a), together with its recommendations for such legislation or administrative actions as the Commission considers appropriate in light of the results of the study. (c) Deadline.--The report under subsection (b) shall be submitted not later than the date that is 2 years after the date a majority of the members of the Commission are appointed pursuant to section 3. (d) Available Reports.--In conducting its study and developing findings, conclusions, and recommendations for legislation or administrative action, the Commission-- (1) shall take into account available reports and materials; and (2) may consult with the Government Accountability Office. SEC. 5. OPERATION AND POWERS OF THE COMMISSION. (a) Executive Branch Assistance.--The heads of the following agencies shall advise and consult with the Commission on matters within their respective areas of responsibility: (1) The Bureau of the Census. (2) The Internal Revenue Service. (3) The Department of Housing and Urban Development. (4) The Social Security Administration. (5) The Department of Health and Human Services. (6) The Department of Agriculture. (7) The Pension Benefit Guaranty Corporation. (8) Any other agency, as determined by the Commission. (b) Nonapplicability of FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (c) Meetings.--The Commission shall meet not later than 30 days after the date upon which a majority of its members have been appointed and at such times thereafter as the chairperson or co-chairperson shall determine. Detailed minutes of each meeting of the Commission, except for any closed session, shall be kept and shall include a record of the persons present and a complete and accurate description of matters discussed. (d) Rules of Procedure.--The chairperson and co-chairperson shall, with the approval of a majority of the members of the Commission, establish written rules of procedure for the Commission, which shall include a quorum requirement to conduct the business of the Commission. (e) Hearings.--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. Timely public notice of each hearing, including the time, place, and agenda of the meeting, shall be provided by any means that will result in wide publicity in the region of the United States in which it is held. Timely notice of each regular meeting shall be published in the Federal Register. Interested persons shall be permitted to submit written statements regarding the matters on the agenda of such hearings. (f) Contracts.--The Commission may contract with and compensate government and private agencies or persons for the purpose of carrying out this Act. (g) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. SEC. 6. FUNDING. (a) In General.--Subject to subsection (b) and the availability of appropriations at the request of the Secretary of Labor, the agencies described in section 5(a) shall transfer funds, as specified in advance in appropriations Act and in a total amount not to exceed $5,000,000, to the Department of Labor for the purpose of carrying out the activities of the Commission in accordance with this Act. (b) Administrative Support.--The Department of Labor shall provide administrative support to the Commission, which may include providing physical space at, and access to, the headquarters of the Department of Labor located in Washington, DC. (c) Prohibition on New Funding.--No additional funds are authorized to be appropriated to carry out this Act. This Act shall be carried out using amounts otherwise available for the Department of Labor or the agencies described in section 5(a). SEC. 7. PERSONNEL. (a) Director.--The Commission shall have a Director who shall be appointed by the chairperson with the concurrence of the co- chairperson. The Director shall be paid at a rate of pay established by the chairperson and co-chairperson, not to exceed the annual rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Director shall include in budget recommendations a summary of the amounts such Director determines necessary for the expenses of the Commission, including expenses for publications of reports, as appropriate. (b) Staff.--The Director may appoint and fix the pay of additional staff as the Director determines appropriate. No staff of the Commission shall receive compensation at a rate in excess of the rate specified for GS-15 of the General Schedule under section 5332 of title 5, United States Code. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay for a comparable position paid under the General Schedule. (d) Authority To Accept Voluntary Services.--Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission is authorized to accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in the performance of those services for the purposes of the following provisions of law: (1) Chapter 81 of title 5, United States Code, relating to compensation for work-related injuries. (2) Chapter 171 of title 28, United States Code, relating to tort claims. (3) Chapter 11 of title 18, United States Code, relating to conflicts of interest. SEC. 8. TERMINATION. The Commission shall terminate not later than 2 years after the date of enactment of this Act. | Commission on Retirement Security Act of 2018 This bill establishes within the executive branch the Commission on Retirement Security to: (1) conduct a comprehensive study of the state of retirement security in America, and (2) submit to Congress recommendations on how to improve or replace existing private retirement programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention of Truancy Act of 1997''. SEC. 2. FINDINGS. Congress finds that-- (1) in 1994, courts in the United States formally processed 36,400 truancy cases, representing a 35 percent increase since 1990, and a 67 percent increase since 1985, in the formal processing of truancy cases; (2) in 1993, among individuals aged 16 through 24, approximately 3,400,000,000 (11 percent of all individuals in this age group) had not completed high school and were not enrolled in school; (3) the economic and social costs of providing for the increasing population of youth who are at risk of leaving or who have left the educational mainstream are an enormous drain on the resources of Federal, State, and local governments and the private sector; (4) truancy is the first indicator that a young person is giving up and losing his or her way; (5) students who become truant and eventually drop out of school put themselves at a long-term disadvantage in becoming productive citizens; (6) high school drop-outs are two and one-half times more likely to be on welfare than high school graduates; (7) high school drop-outs are almost twice as likely to be unemployed as high school graduates; (8) in 1993, 17 percent of youth under age 18 who entered adult prisons had not completed grade school, one-fourth of such youth had completed 10th grade, and 2 percent of such youth had a high school diploma or its recognized equivalent; (9) truancy contributes to increased use of the foster care and court systems; (10) truancy is a gateway to crime, and high rates of truancy are linked to high daytime burglary rates and high vandalism rates; (11) communities that have instituted truancy prevention programs have seen daytime burglary rates decline by as much as 75 percent; and (12) truancy prevention and reduction programs result in significant increases in school attendance. SEC. 3. GOALS. The goals of this Act are to prevent and reduce truancy. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; secondary school.--The terms ``elementary school'' and ``secondary school'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Parent.--The term ``parent'' means the biological parent, adoptive parent, or legal guardian, of a child. (3) Secretary.--The term ``Secretary'' means the Secretary of Education. SEC. 5. ESTABLISHMENT OF TRUANCY PREVENTION AND CRIME CONTROL DEMONSTRATION PROJECTS. (a) Demonstrations Authorized.--The Secretary shall make grants to partnerships consisting of an elementary school or secondary school, a local law enforcement agency, and a social service and youth serving organization, for the purpose of developing, implementing, or operating projects for the prevention or reduction of truancy. (b) Use of Funds.--Grant funds under this section may be used for programs that prevent or reduce truancy, such as programs that use police officers or patrol officers to pick up truant students, return the students to school, or take the students to centers for assessment. (c) Application and Selection.--Each partnership desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each such application shall-- (1) contain a description of the proposed truancy prevention or reduction project to be established or improved with funds provided under this Act; (2) specify the methods to be used to involve parents in truancy prevention or reduction activities; (3) specify the types of sanctions that students will face for engaging in truant behavior; (4) specify the incentives that will be used for parental responsibility; (5) specify the types of initiatives, if any, that schools will develop to combat the underlying causes of truancy; and (6) specify the linkages that will be made with local law enforcement agencies. (d) Selection Criteria.--The Secretary shall give priority in awarding grants under this Act to partnerships-- (1) serving areas with concentrations of poverty, including urban and rural areas; and (2) that meet any other criteria that the Secretary determines will contribute to the achievement of the goals of this Act. SEC. 6. EVALUATIONS AND REPORTS. (a) Project Evaluations.-- (1) In general.--Each partnership receiving a grant under this section shall-- (A) provide for the evaluation of the project assisted under this Act, which evaluation shall meet such conditions and standards as the Secretary may require; and (B) submit to the Secretary reports, at such times, in such formats, and containing such information, as the Secretary may require. (2) Required information.--A report submitted under subparagraph (1)(B) shall include information on and analysis of the effect of the project with respect to-- (A) prevention of or reduction in truancy; (B) increased school attendance; and (C) reduction in juvenile crime. (b) Reports to Congress.--The Secretary, on the basis of the reports received under subsection (a), shall submit interim reports, and, not later than March 1, 2002, submit a final report, to Congress. Each report submitted under this subsection shall contain an assessment of the effectiveness of the projects assisted under this Act, and any recommendations for legislative action that the Secretary considers appropriate. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act-- (1) $80,000,000 for fiscal year 1998; and (2) such sums as may be necessary for each of the fiscal years 1999, 2000, and 2001. (b) Availability.--Funds appropriated under subsection (a) shall remain available until expended. | Prevention of Truancy Act of 1997 - Directs the Secretary of Education to make demonstration grants for projects for the prevention or reduction of truancy, to partnerships consisting of an elementary school or secondary school, a local law enforcement agency, and a social service and youth serving organization. Gives grant priority to partnerships serving urban and rural areas with concentrations of poverty. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Long-Term Protection Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress hereby finds that-- (1) public confidence in the old-age, survivors, and disability insurance program under the Social Security Act has been undermined by the nature of the political debate which attends the major decisions affecting the program; and (2) that the treatment of the old-age, survivors, and disability insurance program under the Social Security Act as a political issue is of grave concern to-- (A) working Americans who bear the ever-increasing social security tax burden and have growing doubts about the program's stability; and (B) young Americans, who object to the social security tax altogether because they do not believe it will survive long enough for them to derive any benefits from it. (b) Additional Findings.--Congress further finds that-- (1) under current projections through the year 2025, surplus income for the old-age, survivors, and disability insurance program will grow to an amount equal to two years of outlays by the year 2000, and to an amount equal to three and one-third years of outlays by 2015; (2) at the current rate of social security outlays, a reserve of three and one-third years would total over $1,000,000,000,000; (3) a reserve in that amount would be unnecessary, and would be viewed by both the Congress and the American people as excessive taxation. (c) Purposes.--The purposes of this Act are-- (1) to permanently ensure the viability and certainty of the old-age, survivors, and disability insurance program; (2) to guarantee that social security taxes be no more than necessary to meet the program's current obligations, plus an appropriate reserve. SEC. 3. FLOATING OASDI TAX RATES AFTER 1994. (a) Rate of Tax on Employees.--Subsection (a) of section 3101 of the Internal Revenue Code of 1986 (relating to rate of tax on employees) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) General rule.--In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the percentage determined under this subsection of the wages (as defined in section 3121(a)) received by any individual during any calendar year with respect to employment (as defined in section 3121(b)). The percentage determined under this subsection is-- ``(A) in cases of wages received during 1994, 6.2 percent, and ``(B) in cases of wages received during any calendar year after 1994, the percentage determined under this subsection for the prior calendar year, unless paragraph (2) or (3) applies with respect to such wages. ``(2) Percentage in the case of at least a 60-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to wages received during any calendar year (after 1994) if the OASDI trust fund reserve on September 30 of the prior calendar year is-- ``(i) not less than 60.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30, and ``(ii) not less than the OASDI trust fund reserve on the last preceding September 30. ``(B) Determination of percentage.--If this paragraph applies with respect to wages received during any calendar year, the percentage determined under this subsection with respect to such wages shall be equal to the excess of-- ``(i) the percentage determined under this subsection for the prior calendar year, over ``(ii) 0.4 percent. ``(3) Percentage in the case of less than a 55-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to wages received during any calendar year (after 1994) if the OASDI trust fund reserve on September 30 of the prior calendar year is less than 55.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30. ``(B) Determination of percentage.--The percentage determined for any calendar year under this paragraph shall be equal to the sum of-- ``(i) the percentage determined under this subsection for the prior calendar year, plus ``(ii) 0.4 percent.''. (b) Rate of Tax on Employers.--Subsection (a) of section 3111 of such Code (relating to rate of tax on employers) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) General rule.--In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the percentage determined under this subsection of the wages (as defined in section 3121(a)) paid by him during any calendar year with respect to employment (as defined in section 3121(b)). The percentage determined under this subsection is-- ``(A) in cases of wages paid during 1994, 6.2 percent, and ``(B) in cases of wages paid during any calendar year after 1994, the percentage determined under this subsection for the prior calendar year, unless paragraph (2) or (3) applies with respect to such wages. ``(2) Percentage in the case of at least a 60-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to wages paid during any calendar year (after 1994) if the OASDI trust fund reserve on September 30 of the prior calendar year is-- ``(i) not less than 60.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30, and ``(ii) not less than the OASDI trust fund reserve on the last preceding September 30. ``(B) Determination of percentage.--If this paragraph applies with respect to wages paid during any calendar year, the percentage determined under this subsection with respect to such wages shall be equal to the excess of-- ``(i) the percentage determined under this subsection for the prior calendar year, over ``(ii) 0.4 percent. ``(3) Percentage in the case of less than a 55-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to wages paid during any calendar year (after 1994) if the OASDI trust fund reserve on September 30 of the prior calendar year is less than 55.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30. ``(B) Determination of percentage.--The percentage determined for any calendar year under this paragraph shall be equal to the sum of-- ``(i) the percentage determined under this subsection for the prior calendar year, plus ``(ii) 0.4 percent.''. (c) Rate of Self-Employment Tax.--Subsection (a) of section 1401 of such Code (relating to rate of tax on self-employment income for old- age, survivors, and disability insurance) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) General rule.--In addition to other taxes, there shall be imposed for each taxable year, on the self-employment income for such taxable year, a tax equal to the percentage determined under this subsection of the self-employment income for such taxable year. The percentage determined under this subsection is-- ``(A) in cases of self-employment income for the first taxable year beginning after December 31, 1993, 12.4 percent, and ``(B) in cases of self-employment income for each subsequent taxable year, the percentage determined under this subsection for the prior taxable year, unless paragraph (2) or (3) applies with respect to such self-employment income. ``(2) Percentage in the case of at least a 60-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to self-employment income for any taxable year (referred to in paragraph (1)(B)) if the OASDI trust fund reserve on September 30 of the calendar year preceding such taxable year is-- ``(i) not less than 60.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30, and ``(ii) not less than the OASDI trust fund reserve on the last preceding September 30. ``(B) Determination of percentage.--If this paragraph applies with respect to self-employment income for any taxable year, the percentage determined under this subsection with respect to such self- employment income shall be equal to the excess of-- ``(i) the percentage determined under this subsection for the prior taxable year, over ``(ii) 0.8 percent. ``(3) Percentage in the case of less than a 55-percent oasdi trust fund reserve.-- ``(A) Rule governing applicability of paragraph.-- This paragraph applies with respect to self-employment income for any taxable year (referred to in paragraph (1)(B)) if the OASDI trust fund reserve on September 30 of the calendar year preceding such taxable year is less than 55.0 percent of the total amount of the OASDI trust fund expenditures during the fiscal year ending with such September 30. ``(B) Determination of percentage.--The percentage determined for any calendar year under this paragraph shall be equal to the sum of-- ``(i) the percentage determined under this subsection for the prior calendar year, plus ``(ii) 0.8 percent.''. (d) Definitions.-- (1) Amendment to fica provisions.--Section 3121 of such Code (relating to definitions) is amended by adding at the end thereof the following new subsections: ``(y) OASDI Trust Fund Reserve.--For purposes of this chapter, the term `OASDI trust fund reserve', on September 30 of any calendar year, means the sum of-- ``(1) the balance in the Federal Old-Age and Survivors Insurance Trust Fund as of such date, and ``(2) the balance in the Federal Disability Insurance Trust Fund as of such date. ``(z) OASDI Trust Fund Expenditures.--For purposes of this chapter, the term `OASDI trust fund expenditures', during any fiscal year, means the sum of-- ``(1) the total amount which was paid from the Federal Old- Age and Survivors Insurance Trust Fund during such fiscal year for all purposes authorized by section 201 of the Social Security Act, but excluding any transfer payments between such Trust Fund and the Federal Disability Insurance Trust Fund and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into such Trust Fund from that Account, and ``(2) the total amount which was paid from the Federal Disability Insurance Trust Fund during such fiscal year for all purposes authorized by section 201 of such Act, but excluding any transfer payments between such Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into such Trust Fund from that Account.''. (2) Amendment to seca provisions--Section 1402 of such Code (relating to definitions) is amended by adding at the end thereof the following new subsections: ``(k) OASDI Trust Fund Reserve.--The term `OASDI trust fund reserve', on September 30 of any calendar year, means the sum of-- ``(1) the balance in the Federal Old-Age and Survivors Insurance Trust Fund, as of such date, and ``(2) the balance in the Federal Disability Insurance Trust Fund, as of such date. ``(l) OASDI Trust Fund Expenditures.--The term `OASDI trust fund expenditures', during any fiscal year, means the sum of-- ``(1) the total amount which was paid from the Federal Old- Age and Survivors Insurance Trust Fund during such fiscal year for all purposes authorized by section 201 of the Social Security Act, but excluding any transfer payments between such Trust Fund and the Federal Disability Insurance Trust Fund and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into such Trust Fund from that Account, and ``(2) the total amount which was paid from the Federal Disability Insurance Trust Fund during such fiscal year for all purposes authorized by section 201 of such Act, but excluding any transfer payments between such Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund and reducing the amount of any transfers to the Railroad Retirement Account by the amount of any transfers into such Trust Fund from that Account.''. (e) Effective Date.--The amendments made by this section shall apply with respect to wages received and wages paid during calendar years after 1993 and self-employment income for taxable years beginning after December 31, 1993. | Social Security Long-Term Protection Act of 1993 - Amends the Internal Revenue Code to vary the tax rates for the old age, survivors and disability insurance program (title II of the Social Security Act) in 1994 and thereafter, dependent upon the amount in the OASDI trust fund reserve. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rebuilding Local Business Act of 2010''. SEC. 2. REBUILDING COUNTIES. (a) In General.--Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (D), by striking ``or'' at the end; (B) in subparagraph (E), by striking the period at the end and inserting ``; or''; and (C) by adding at the end the following: ``(F) rebuilding counties.''; and (2) in paragraph (4), by adding at the end the following: ``(E) Rebuilding counties.-- ``(i) In general.--The term `rebuilding county' means an initial period rebuilding county or an extension period rebuilding county. ``(ii) Initial period rebuilding county.-- The term `initial period rebuilding county' means a county, parish, or similar political subdivision-- ``(I) for which the Administrator determines that the 1-year unemployment rate average is not less than 110 percent of the 1-year average unadjusted unemployment rate for the United States, based on the most recent data available from the Secretary of Labor; ``(II) that-- ``(aa) as of the date of the determination under subclause (I), is not a HUBZone; or ``(bb) will cease to qualify as a HUBZone not later than 2 years after the date of the determination under subclause (I); and ``(III) during the 3-year period beginning on the date on which the Administrator makes the determination under subclause (I). ``(iii) Extension period rebuilding county.--The term `extension period rebuilding county' means a county, parish, or similar political subdivision-- ``(I) for which the Administrator has made a determination under clause (ii)(I); ``(II) for which the 3-year period described in clause (ii)(III) has ended; ``(III) for which the Administrator determines that the average unemployment rate for the 1-year period ending on the date on which the 3-year period described in clause (ii)(III) ends is not less than 140 percent of the 1-year average unadjusted unemployment rate for the United States, based on the most recent data available from the Secretary of Labor; and ``(IV) during the period beginning on the date on which the Administrator makes the determination under subclause (III) and ending on the earlier of-- ``(aa) the date that is 3 years after the date of the determination under subclause (III); and ``(bb) the date on which the Bureau of the Census publicly releases the initial results of the first decennial census occurring after the date of the determination under subclause (III). ``(iv) 1-year unemployment rate average.-- The term `1-year unemployment rate average' means the average unemployment rate, based on the most recent data available from the Secretary of Labor, during any 1-year period during the period-- ``(I) beginning on the date on which a recession begins, as determined by the National Bureau of Economic Research; and ``(II) ending on the date that is 180 days after the date on which the National Bureau of Economic Research publicly releases the determination under subclause (I).''. (b) Recession of 2007.--For purposes of applying section 3(p)(4) of the Small Business Act, as added by subsection (a), in relation to the recession announced by the National Bureau of Economic Research on December 1, 2008, the term ``1-year unemployment rate average'' means the average unemployment rate during the 1-year period ending on the date of enactment of this Act, based on the most recent data available from the Secretary of Labor. | Rebuilding Local Business Act of 2010 - Amends the Small Business Act to designate as a HUBZone (historically underutilized business zone), for purposes of assistance under such Act: (1) an initial period rebuilding county; and (2) an extension period rebuilding county. Defines an initial period rebuilding county as a county, parish, or similar political subdivision: (1) for which the Administrator of the Small Business Administration (SBA) determines that the one-year unemployment rate is at least 110% of the one-year average unadjusted unemployment rate for the United States; (2) that is not a HUBZone or will cease to qualify as a HUBZone two years after such unemployment determination; and (3) during the three-year period beginning on the date of such unemployment determination. Defines an extension rebuilding county as a county, parish, or political subdivision: (1) in which the Administrator has made the above unemployment determination; (2) for which the above three-year period has ended; (3) for which the Administrator determines that the unemployment rate as of a specified date is at least 140% of the average unadjusted unemployment rate; and (4) for which such designation extends for an additional specified period after the three-year period. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Hospital Opioid Solutions Toolkit Act of 2018'' or the ``HOST Act of 2018''. SEC. 2. DEVELOPING GUIDANCE ON PAIN MANAGEMENT AND OPIOID USE DISORDER PREVENTION FOR HOSPITALS RECEIVING PAYMENT UNDER PART A OF THE MEDICARE PROGRAM. (a) In General.--Not later than January 1, 2019, the Secretary of Health and Human Services (in this section referred to as the ``Secretary'') shall develop and publish on the public website of the Centers for Medicare & Medicaid Services guidance for hospitals receiving payment under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.) on pain management strategies and opioid use disorder prevention strategies with respect to individuals entitled to benefits under such part. (b) Consultation.--In developing the guidance described in subsection (a), the Secretary shall consult with relevant stakeholders, including-- (1) medical professional organizations; (2) providers and suppliers of services (as such terms are defined in section 1861 of the Social Security Act (42 U.S.C. 1395x)); (3) patient advocacy organizations and organizations representing Medicare beneficiaries; and (4) other entities determined appropriate by the Secretary. (c) Contents.--The guidance described in subsection (a) shall include, with respect to hospitals and individuals described in such subsection, the following: (1) Best practices regarding evidence-based screening and practitioner education initiatives relating to screening and treatment protocols for opioid use disorder, including-- (A) methods to identify such individuals at-risk of opioid use disorder, including risk stratification; (B) ways to prevent, recognize, and treat opioid overdoses; and (C) resources available to such individuals, such as opioid treatment programs, peer support groups, and other recovery programs. (2) Best practices for such hospitals to educate practitioners furnishing items and services at such hospital with respect to pain management and substance use disorders, including education on-- (A) the adverse effects of prolonged opioid use; (B) alternative, evidence-based, non- pharmacological pain management treatments; (C) monitoring programs for individuals who have been prescribed opioids; and (D) the prescribing of naloxone along with an initial opioid prescription. (3) Best practices for such hospitals to make such individuals aware of the risks associated with opioid use (which may include use of the notification template described in paragraph (4)). (4) A notification template developed by the Secretary for such individuals who are prescribed an opioid that-- (A) explains the risks and side effects associated with opioid use (including the risks of addiction and overdose) and the importance of adhering to the prescribed treatment regimen, avoiding medications that may have an adverse interaction with such opioid, and storing such opioid safely and securely; (B) highlights multimodal and evidence-based non- opioid alternatives for pain management; (C) encourages such individuals to talk to their health care providers about such alternatives; (D) provides for a method (through signature or otherwise) for such an individual, or person acting on such individual's behalf, to acknowledge receipt of such notification template; (E) is worded in an easily understandable manner and made available in multiple languages determined appropriate by the Secretary; and (F) includes any other information determined appropriate by the Secretary. (5) Best practices for such hospital to track opioid prescribing trends by practitioners furnishing items and services at such hospital, including-- (A) ways for such hospital to establish target levels with respect to opioids prescribed by such practitioners; (B) guidance on checking the medical records of such individuals against information included in prescription drug monitoring programs; (C) strategies to reduce long-term opioid prescriptions; and (D) methods to identify such practitioners who may be over-prescribing opioids. (6) Other information the Secretary determines appropriate, including any such information from the Opioid Safety Initiative established by the Department of Veterans Affairs or the Opioid Overdose Prevention Toolkit published by the Substance Abuse and Mental Health Services Administration. | Hospital Opioid Solutions Toolkit Act of 2018 or the HOST Act of 2018 This bill requires the Centers for Medicare & Medicaid Services to publish guidance for hospitals on pain management and opioid-use disorder prevention strategies for Medicare beneficiaries, including best practices for opioid-use disorder screening, education, and monitoring. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Tax Nondiscrimination Act''. SEC. 2. FOUR-YEAR EXTENSION OF INTERNET TAX MORATORIUM. (a) In General.--Subsection (a) of section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended to read as follows: ``(a) Moratorium.--No State or political subdivision thereof may impose any of the following taxes during the period beginning November 1, 2003, and ending November 1, 2007: ``(1) Taxes on Internet access. ``(2) Multiple or discriminatory taxes on electronic commerce.''. (b) Conforming Amendments.--(1) Section 1101 of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (2) Section 1104(10) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended to read as follows: ``(10) Tax on internet access.-- ``(A) In general.--The term `tax on Internet access' means a tax on Internet access, regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax. ``(B) General exception.--The term `tax on Internet access' does not include a tax levied upon or measured by net income, capital stock, net worth, or property value.''. (3) Section 1104(2)(B)(i) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking ``except with respect to a tax (on Internet access) that was generally imposed and actually enforced prior to October 1, 1998,''. (c) Internet Access Service; Internet Access.-- (1) Internet access service.--Paragraph (3)(D) of section 1101(d) (as redesignated by subsection (b)(1) of this section) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking the second sentence and inserting ``The term `Internet access service' does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access.''. (2) Internet access.--Section 1104(5) of that Act is amended by striking the second sentence and inserting ``The term `Internet access' does not include telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access.''. SEC. 3. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended-- (1) by redesignating section 1104 as section 1105; and (2) by inserting after section 1103 the following: ``SEC. 1104. GRANDFATHERING OF STATES THAT TAX INTERNET ACCESS. ``(a) Pre-October 1998 Taxes.-- ``(1) In general.--Section 1101(a) does not apply to a tax on Internet access that was generally imposed and actually enforced prior to October 1, 1998, if, before that date-- ``(A) the tax was authorized by statute; and ``(B) either-- ``(i) a provider of Internet access services had a reasonable opportunity to know, by virtue of a rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; or ``(ii) a State or political subdivision thereof generally collected such tax on charges for Internet access. ``(2) Termination.-- ``(A) In general.--Except as provided in subparagraph (B), this subsection shall not apply after November 1, 2007. ``(B) State telecommunications service tax.-- ``(i) Date for termination.--This subsection shall not apply after November 1, 2006, with respect to a State telecommunications service tax described in clause (ii). ``(ii) Description of tax.--A State telecommunications service tax referred to in subclause (i) is a State tax-- ``(I) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and ``(II) applied to Internet access through administrative code or regulation issued on or after December 1, 2002.''. ``(b) Pre-November 2003 Taxes.-- ``(1) In general.--Section 1101(a) does not apply to a tax on Internet access that was generally imposed and actually enforced as of November 1, 2003, if, as of that date, the tax was authorized by statute and-- ``(A) a provider of Internet access services had a reasonable opportunity to know by virtue of a public rule or other public proclamation made by the appropriate administrative agency of the State or political subdivision thereof, that such agency has interpreted and applied such tax to Internet access services; and ``(B) a State or political subdivision thereof generally collected such tax on charges for Internet access. ``(2) Termination.--This subsection shall not apply after November 1, 2005.''. SEC. 4. ACCOUNTING RULE. The Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by adding at the end the following: ``SEC. 1106. ACCOUNTING RULE. ``(a) In General.--If charges for Internet access are aggregated with and not separately stated from charges for telecommunications services or other charges that are subject to taxation, then the charges for Internet access may be subject to taxation unless the Internet access provider can reasonably identify the charges for Internet access from its books and records kept in the regular course of business. ``(b) Definitions.--In this section: ``(1) Charges for internet access.--The term `charges for Internet access' means all charges for Internet access as defined in section 1105(5). ``(2) Charges for telecommunications services.--The term `charges for telecommunications services' means all charges for telecommunications services, except to the extent such services are purchased, used, or sold by a provider of Internet access to provide Internet access.''. SEC. 5. EFFECT ON OTHER LAWS. The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by section 4, is amended by adding at the end the following: ``SEC. 1107. EFFECT ON OTHER LAWS. ``(a) Universal Service.--Nothing in this Act shall prevent the imposition or collection of any fees or charges used to preserve and advance Federal universal service or similar State programs-- ``(1) authorized by section 254 of the Communications Act of 1934 (47 U.S.C. 254); or ``(2) in effect on February 8, 1996. ``(b) 911 and E-911 Services.--Nothing in this Act shall prevent the imposition or collection, on a service used for access to 911 or E- 911 services, of any fee or charge specifically designated or presented as dedicated by a State or political subdivision thereof for the support of 911 or E-911 services if no portion of the revenue derived from such fee or charge is obligated or expended for any purpose other than support of 911 or E-911 services. ``(c) Non-Tax Regulatory Proceedings.--Nothing in this Act shall be construed to affect any Federal or State regulatory proceeding that is not related to taxation.''. SEC. 6. EXCEPTION FOR VOICE AND OTHER SERVICES OVER THE INTERNET. The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by section 5, is amended by adding at the end the following: ``SEC. 1108. EXCEPTION FOR VOICE SERVICES OVER THE INTERNET. ``Nothing in this Act shall be construed to affect the imposition of tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol. This section shall not apply to any services that are incidental to Internet access, such as voice-capable e-mail or instant messaging.''. SEC. 6A. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE. The Internet Tax Freedom Act (47 U.S.C. 151 note), as amended by section 6, is amended by adding at the end the following: ``SEC. 1109. EXCEPTION FOR TEXAS MUNICIPAL ACCESS LINE FEE. ``Nothing in this Act shall prohibit Texas or a political subdivision thereof from imposing or collecting the Texas municipal access line fee pursuant to Texas Local Govt. Code Ann. ch. 283 (Vernon 2005) and the definition of access line as determined by the Public Utility Commission of Texas in its `Order Adopting Amendments to Section 26.465 As Approved At The February 13, 2003 Public Hearing', issued March 5, 2003, in Project No. 26412.''. SEC. 7. GAO STUDY OF EFFECTS OF INTERNET TAX MORATORIUM ON STATE AND LOCAL GOVERNMENTS AND ON BROADBAND DEPLOYMENT. The Comptroller General shall conduct a study of the impact of the Internet tax moratorium, including its effects on the revenues of State and local governments and on the deployment and adoption of broadband technologies for Internet access throughout the United States, including the impact of the Internet Tax Freedom Act (47 U.S.C. 151 note) on build-out of broadband technology resources in rural underserved areas of the country. The study shall compare deployment and adoption rates in States that tax broadband Internet access service with States that do not tax such service, and take into account other factors to determine whether the Internet Tax Freedom Act has had an impact on the deployment or adoption of broadband Internet access services. The Comptroller General shall report the findings, conclusions, and any recommendations from the study to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce no later than November 1, 2005. SEC. 8. EFFECTIVE DATE. The amendments made by this Act take effect on November 1, 2003. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Internet Tax Nondiscrimination Act - (Sec. 2) Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2007. Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value. Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to provide Internet access. (Sec. 3) Extends: (1) through November 1, 2007, the Internet access taxing authority of States that had a tax on Internet access prior to October 1, 1998; and (2) through November 1, 2005, the Internet access taxing authority of States that had a tax on Internet access as of November 1, 2003. Terminates after November 1, 2006, the authority of a State to tax Internet access with respect to a State telecommunications service tax: (1) enacted by State law on or after October 1, 1991, and imposing a tax on telecommunications service; and (2) applied to Internet access through administrative code or regulation issued on or after December 1, 2002. (Sec. 4) Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records. (Sec. 5) Specifies that nothing in this Act shall prevent the imposition of fees to preserve and advance Federal universal service (or similar State programs) or 911 or E-911 services. (Sec. 6) Specifies that nothing in this Act shall be construed to affect any Federal or state regulatory proceeding that is not related to taxation or the imposition of a tax on a charge for voice or similar service utilizing Internet Protocol or any successor protocol (except for services that are incidental to Internet access, such as voice-capable e-mail or instant messaging). (Sec. 6A) Exempts the State of Texas, or its political subdivisions, from the Internet tax moratorium with respect to the imposition or collection of the Texas municipal access line fee. (Sec. 7) Directs the Comptroller General to study and report to specified congressional committees on the impact of the Internet tax moratorium on State and local government revenues and on the deployment and adoption of broadband technologies for Internet access throughout the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Impaired Driving Enforcement Act of 2004''. SEC. 2. FINDINGS. Congress finds that-- (1) driving under the influence of, or after having used, illegal drugs has become a significant problem worldwide; (2) in 2002, over 35,000,000 persons in the United States aged 12 or older had used illegal drugs in the past year and almost 11,000,000 of these persons (5 percent of the total population of the United States aged 12 or older and 31 percent of past year illicit drug users) had driven under the influence of, or after having used, illegal drugs in the past year; (3) research has established that abuse of a number of drugs can impair driving performance; (4) according to the National Highway Traffic Safety Administration, illegal drugs (often in combination with alcohol) are used by approximately 10 to 22 percent of drivers involved in all motor vehicles crashes; (5) drug impaired drivers are less frequently detected, prosecuted, or referred to treatment than drunk drivers; (6) there is a lack of uniformity or consistency in the way the 50 States approach drug impaired drivers; (7) too few police officers have been trained to detect drug impaired drivers, and too few prosecutors have been trained to prove drug impaired driving cases beyond a reasonable doubt; (8) per se drug impaired driving laws, like those used for driving under the influence of alcohol, are feasible and represent a sound strategy for dealing with drug impaired drivers and can assist in the prosecution of drug impaired driving offenders; and (9) while it is illegal in all States to drive a motor vehicle while under the influence of alcohol, drugs other than alcohol, or a combination of alcohol and other drugs, there is no consistent method across States for identifying drug impairment and the presence of drugs in the body. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to provide a model for States to implement and enforce a drug impaired driving statute; (2) to ensure drivers in need of drug education or treatment are identified and provided with the appropriate assistance; (3) to advance research and development of testing mechanisms and knowledge about drugged driving and its impact on traffic safety; and (4) to enhance the training of traffic safety officers and prosecutors to detect, enforce, and prosecute drug impaired driving laws. SEC. 4. DEFINITIONS. In this Act, the following definitions apply: (1) Controlled substance.--The term ``controlled substance'' includes substances listed in schedules I through V of section 112(e) of the Controlled Substances Act (21 U.S.C. 812(e)). (2) License.--The term ``license'' means any driver's license or any other license or permit to operate a motor vehicle issued under the laws of, or granted by, a State, including-- (A) any temporary license or instruction permit; (B) the privilege of any person to drive a motor vehicle whether or not the person holds a valid license; and (C) any nonresident's operating privilege. (3) Revocation.--The term ``revocation'' means the termination by formal action of the State of a person's license or privilege to operate a motor vehicle on the highways. (4) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (5) Suspension.--The term ``suspension'' means the temporary withdrawal by formal action of the State of a person's license or privilege to operate a motor vehicle on the highways. (6) Secretary.--The term ``Secretary'' means the Secretary of Transportation. (7) Inhalant.--The term ``inhalant'' means a household or commercial product that can be used by inhaling for intoxicating effect. (8) Drug recognition expert.--The term ``drug recognition expert'' means an individual trained in a specific evaluation procedure that enables the person to determine whether an individual is under the influence of drugs and then to determine the type of drug causing the observable impairment. SEC. 5. MODEL STATUTE. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary shall develop and provide to the States a model statute relating to drug impaired driving which incorporates the provisions described in this section. (b) Mandatory Provisions.--Provisions of the model statute under this section shall include, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle-- (1) while any detectable amount of a controlled substance is present in the person's body, as measured in the person's blood, urine, saliva, or other bodily substance; or (2) due to the presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, in the person's body, the person's mental or physical faculties are affected to a noticeable or perceptible degree. (c) Discretionary Provisions.--Provisions of the model statute under this section may include the following: (1) Sanctions for refusing to submit to a test for the presence of a controlled substance in a person's body which are equivalent to sanctions for a positive test result. (2) Lawful use of any controlled substance listed in schedule II, III, IV, or V of section 112(c) of the Controlled Substances Act (21 U.S.C. 812(c)) that was lawfully prescribed by a physician licensed under State law is an affirmative defense to a charge of drug impaired driving; except that the affirmative defense shall not be available if it is shown that the person's mental or physical faculties were impaired by such use to a noticeable or perceptible degree. (3) An appropriate system of evaluation, counseling, treatment (if required), and supervision for persons convicted of drug impaired driving. (4) A graduated system of penalties for repeat offenses of drug impaired driving, including, at a minimum, that a third or subsequent offense within a 10-year period shall be a felony punishable by imprisonment for more than a year. (5) Authorization for States to suspend or revoke the license of any driver upon receiving a record of the driver's conviction of driving a motor vehicle while under the influence of a controlled substance. (6) Provisions that require a sentence of imprisonment imposed for any drug impaired driving offense be served consecutively, not concurrently, from a sentence imposed for any other criminal act; except that a sentence imposed for the same act of impaired driving may be imposed concurrently if the additional conviction was based on an alternate theory of culpability for the same act. SEC. 6. USE OF GRANTS TO ENFORCE DRUG IMPAIRED DRIVING LAWS. (a) General Authority.--Section 410(a)(1) of title 23, United States Code, is amended by inserting ``and individuals driving while under the influence of a controlled substance (as defined in section 4 of the Drug Impaired Driving Enforcement Act of 2004)'' before the period at the end of the first sentence. (b) Maintenance of Effort.--Section 410(a)(2) of such title is amended by inserting ``and drug impaired driving traffic safety programs'' before ``at or above''. (c) Basic Grant.--Section 410(b)(1) of such title is amended by inserting after subparagraph (G) the following: ``(H) Controlled substance programs.--The State provides for at least one of the following programs: ``(i) Detection of controlled substances.-- A program to detect the unlawful presence of a controlled substance (as defined in section 4 of the Drug Impaired Driving Enforcement Act of 2004) in the body of the operator of a motor vehicle or on the person of any occupant of the vehicle, including the operator. ``(ii) Model statute.--A program that adopts and enforces on a statewide basis, at a minimum, the mandatory provisions of the model drug impaired driving statute developed by the Secretary under section 5 of the Drug Impaired Driving Enforcement Act of 2004. ``(iii) Counseling and treatment.--A program to ensure that individuals who are convicted of drug impaired driving are provided counseling and treatment as necessary. ``(iv) Training.--A program to train law enforcement officers and prosecutors in the detection, investigation, and prosecution of drug impaired driving, including training provided by the National Highway Traffic Safety Administration, the International Association of the Chiefs of Police, or the American Prosecutors Research Institute in drug recognition expert techniques. ``(v) Education and research.--A program to advance research in the area of drug impaired driving and enhance communication of advancements in research, technology, and policy to key policymakers, prosecutors, law enforcement and judges.''. SEC. 7. RESEARCH AND DEVELOPMENT. Section 403(b) of title 23, United States Code, is amended by adding at the end the following: ``(5) New technology to detect drug use. ``(6) Research and development to improve testing technology, including toxicology lab resources and field test mechanisms to enable States to process toxicology evidence in a more timely manner. ``(7) Determining per se impairment levels for controlled substances (as defined in section 4 of the Drug Impaired Driving Enforcement Act of 2004) and the compound effects of alcohol and controlled substances on impairment to facilitate enforcement of per se drug impaired driving laws. Research under this paragraph shall be carried out in collaboration with the National Institute on Drug Abuse of the National Institutes of Health.''. SEC. 8. GOALS FOR TRAINING. Section 403 of title 23, United States Code, is amended by adding at the end the following: ``(g) Training Goals.--For the purpose of enhancing the States' ability to detect, enforce, and prosecute drug impaired driving laws, the Secretary shall-- ``(8) establish and carry out programs to enhance police and prosecutor training efforts for enforcement of laws relating to drug impaired driving and for development of programs to improve enforcement of such laws; ``(9) ensure that drug impaired driving enforcement training or drug recognition expert programs, or both, exist in all 50 States and the District of Columbia by December 31, 2006; ``(10) ensure that at least 10 percent of State and local police officers whose duties, entirely or partly, include traffic monitoring or enforcement are trained to enforce drug impaired driving laws and utilize new technologies or any recognition training by December 31, 2010; and ``(11) ensure that at least 10 percent of State prosecutors are trained to prosecute drug impaired driving laws by December 31, 2010.''. SEC. 9. REPORTING. (a) In General.--Not later than 18 months after the date of enactment of this Act and annually thereafter, the Secretary shall transmit to Congress a report on the progress being made in carrying out this Act, including the amendments made by this Act. (b) Contents.--The Secretary shall include in the report an assessment of the status of uniform drugged driving laws in the United States, new research and technologies in the area of drug impaired driving enforcement. SEC. 10. FUNDING. Out of amounts appropriated to carry out section 403 of title 23, United States Code, for fiscal years 2004 through 2009, the Secretary shall use, at a minimum, $2,000,000 per fiscal year to carry out drug impaired driving traffic safety programs, including the provisions of this Act and the amendments made by this Act. | Drug Impaired Driving Enforcement Act of 2004 - Directs the Secretary of Transportation to develop and provide to the States a model statute relating to drug impaired driving which incorporates certain mandatory and discretionary provisions, including, at a minimum, a provision that the crime of drug impaired driving is committed when a person operates a motor vehicle: (1) while any detectable amount of a controlled substance is present in the person's body; or (2) due to the presence of a controlled substance or a controlled substance in combination with alcohol or an inhalant, or both, the person's mental or physical faculties are affected to a noticeable degree. Specifies discretionary provisions, including: (1) sanctions for refusing to submit to a drug test which are equivalent to sanctions for a positive test result; (2) a system of evaluation, counseling, treatment, and supervision for persons convicted of drug impaired driving; (3) a graduated system of penalties for repeat offenses; and (4) authorization for States to suspend or revoke the license of a driver convicted of driving while under the influence of a controlled substance. Amends Federal highway law to make grants available to States that adopt and implement effective programs to reduce traffic safety problems resulting from individuals driving while under the influence of a controlled substance. Makes basic grants available to States that provide for at least one of five enumerated programs aimed at enforcing laws against drug impaired driving. Authorizes the Secretary to use certain funds for research and development in drug detection and testing technology. Specifies certain training goals to enhance the State's ability to detect, enforce, and prosecute drug impaired driving laws. |
SECTION 1. CONGRESSIONAL FINDINGS. Congress finds as follows: (1) During World War II, more than 75,000 Jews and thousands of other persons were deported from France to Nazi concentration camps, on trains operated for profit by the Societe Nationale des Chemins de Fers Francais (in this Act referred to as ``SNCF''), including deportations to Auschwitz and Buchenwald. Numerous citizens and residents of the United States were among those on the trains or had relatives on the trains. United States servicemen who were pilots shot down over France were also among the persons deported on the SNCF trains to Nazi concentration camps. (2) United States citizens and others have sought redress against SNCF by filing a class action suit in the United States District Court for the Eastern District of New York. The named plaintiffs and class members include United States Army Air Force pilots and United States citizens. (3) The complaint filed alleges that SNCF, a separate corporate entity which remained independent during World War II, operated the deportation trains for a profit, as ordinary commercial transactions. SNCF remained under French civilian control throughout World War II and is alleged to have collaborated willingly with the German Nazi regime. (4) The complaint alleges that SNCF provided the necessary rolling stock, scheduled the departures, and supplied the employees to operate the trains bound for the concentration camps. SNCF allegedly charged an ordinary passenger coach fare for the deportations, calculated per person and per kilometer, and considered these trains as ordinary commercial activities. The plaintiffs further contend that SNCF herded as many people as possible into each car, requiring passengers of all ages and sexes, including the elderly and young children, to stand throughout the trip of several days' duration, with no provision for food or water and no sanitary facilities. The complaint further alleges that SNCF cleaned the trains after each trip, removing the corpses of persons who perished during transit due to the execrable conditions of the train cars. The destination was in each case a camp in which the deportees were to be exterminated, worked to death, or made to suffer terrible and inhuman conditions. (5) The complaint contends that SNCF's actions violated the Principles of the Nuremberg Tribunal, 1950, relating to crimes under international law (earlier recognized by the Martens Clause of the Hague Convention IV of 1907), and aided and abetted the commission of war crimes and crimes against humanity. SNCF has not denied its actions and has never disgorged the money that it was paid for the deportations or otherwise compensated the deportees or their heirs. (6) SNCF's records concerning the deportation trains have not been made available to the plaintiffs, and SNCF archives concerning its wartime activities remain closed to the general public. (7) SNCF moved to dismiss the lawsuit on a claim of sovereign immunity under the Foreign Sovereign Immunities Act of 1976 (28 U.S.C. 1330 and 1602 et seq.), even though it is one of the 500 largest corporations in the world, earns hundreds of millions of dollars from its commercial activities in the United States, and is not accorded sovereign immunity under the laws of France. SNCF's motion to dismiss the lawsuit has been granted by the United States District Court for the Eastern District of New York. Plaintiffs appealed the decision, their appeal was granted, and the case was remanded for further proceedings. (8) This lawsuit presents issues of substantial importance to citizens and veterans of the United States and finds that the courts of the United States are a proper forum for this lawsuit and similar suits. (9) SNCF is attempting to use the Foreign Sovereign Immunities Act of 1976, enacted 30 years after the events at issue occurred, to evade liability for conduct for which it would otherwise be held accountable, rather than accepting responsibility for its actions. Under the rule of separate entities applicable at the time of the events in question, SNCF would not be immune from suit in United States courts. The Foreign Sovereign Immunities Act of 1976 was not intended to expand the reach of immunity in these circumstances. SEC. 2. ACCESS TO UNITED STATES COURTS FOR HOLOCAUST DEPORTEES. (a) Jurisdiction of District Courts.--The United States district courts shall have original jurisdiction, without regard to the amount in controversy, of any civil action for damages for personal injury or death that-- (1) arose from the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944; and (2) is brought by any such person, or any heir or survivor of such person, against a railroad that-- (A) owned or operated the trains on which the persons were so deported; and (B) was organized as a separate legal entity at the time of the deportation, whether or not any of the equity interest in the railroad was owned by a foreign state. (b) Other Laws not Applicable.--Sections 1330 and 1601 through 1611 of title 28, United States Code, or any other law limiting the jurisdiction of the United States courts, whether by statute or under common law, shall not preclude any action under subsection (a). (c) Inapplicability of Statutes of Limitation.--No action described in subsection (a) shall be barred by a defense that the time for bringing such action has expired under a statute of limitations. (d) Applicability.--This section shall apply to any action pending on January 1, 2002, and to any action commenced on or after that date. | Grants U.S. district courts original jurisdiction over any civil action for damages for personal injury or death that: (1) arose from the deportation of persons to Nazi concentration camps between January 1, 1942, and December 31, 1944; and (2) is brought by or on behalf of such person against a railroad that owned or operated the trains on which the persons were deported and that was organized as a separate legal entity. Provides that: (1) no law limiting the jurisdiction of the U.S. courts shall preclude any such action; and (2) no such action shall be barred because a statute of limitations has expired. Makes this Act applicable to any action pending on or commenced after January 1, 2000. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``State Court Interpreter Grant Program Act of 2012''. SEC. 2. FINDINGS. Congress finds that-- (1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency; (2) 21 percent of the population of the United States over 5 years of age speaks a language other than English at home; (3) only qualified and certified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party; (4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference settings; (5) the Federal Government has demonstrated its commitment to equal administration of justice, regardless of English proficiency; (6) regulations implementing title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency; (7) 43 States have developed, or are developing, qualified court interpreter programs; (8) a robust and effective court interpreter program-- (A) actively recruits skilled individuals to serve as court interpreters; (B) trains those individuals in the interpretation of court proceedings; (C) develops and uses a thorough, systematic certification process for court interpreters; (D) has sufficient funding to ensure that a qualified and certified interpreter will be available to the court whenever necessary; and (E) efficiently uses funding to create substantial cost savings; and (9) Federal funding is necessary to-- (A) encourage State courts that do not have court interpreter programs to develop them; (B) assist State courts with nascent court interpreter programs to implement them; (C) assist State courts with limited court interpreter programs to enhance them; and (D) assist State courts with robust court interpreter programs to make further improvements and share successful cost saving programs with other States. SEC. 3. STATE COURT INTERPRETER PROGRAM. (a) Grants Authorized.-- (1) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this section as the ``Administrator'') shall make grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party. (2) Use of grants.--A State court may use a grant awarded under this subsection to-- (A) develop or enhance a court interpreter program for the State court; (B) develop, institute, and administer language certification examinations; (C) recruit, train, and certify qualified court interpreters; (D) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed or enhanced under subparagraph (A); (E) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation; or (F) engage in other related activities, as prescribed by the Attorney General. (b) Application.-- (1) In general.--The highest State court of each State seeking a grant under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require. (2) Contents.--The highest State court of each State submitting an application under paragraph (1) shall include in the application-- (A) a demonstration of need for the development, implementation, or expansion of a State court interpreter program; (B) an identification of each State court in that State that would receive funds from the grant; (C) the amount of funds that each State court identified under subparagraph (B) would receive from the grant; and (D) the procedures that the highest State court would use to directly distribute grant funds to State courts identified under subparagraph (B). (c) State Court Allotments.-- (1) Base allotment.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $100,000 to the highest court of each State that has an application approved under subsection (b). (2) Additional allotment.-- (A) In general.--From amounts appropriated for each fiscal year pursuant to section 5, the Administrator shall allocate $5,000,000 to be distributed among the highest State courts that-- (i) have an application approved under subsection (b); and (ii) are located in a State with extraordinary needs that prevent the development, implementation, or expansion of a State court interpreter program. (B) Determining need.--In determining whether a State has extraordinary needs required under subparagraph (A), the Administrator shall consider-- (i) based on data from the Bureau of the Census, the ratio between the number of people over 5 years of age who speak a language other than English at home and identify as speaking English less than very well-- (I) in that State; and (II) in all of the States that receive an allocation under paragraph (1); and (ii) any efficiency or substantial cost savings expected from a State court interpreter program. (C) Priority consideration.--In allocating amounts under subparagraph (A), the Administrator shall give priority to any State that does not have and has not begun to develop a qualified court interpreter program. (d) Treatment of District of Columbia.--For purposes of this section-- (1) the District of Columbia shall be treated as a State; and (2) the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia. SEC. 4. REPORT. Not later than 1 year after the date on which the first grant is made under section 3, the Administrator shall submit a report to Congress that describes how each highest State court has used the funds from each grant made under section 3 in a manner consistent with section 3(a)(2). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of fiscal years 2013 through 2017 to carry out this Act. | State Court Interpreter Grant Program Act of 2012 - Directs the Administrator of the Office of Justice Programs of the Department of Justice (DOJ) to make grants to state courts to develop and implement programs to assist individuals with limited English proficiency to access and understand state court proceedings in which they are a party. Authorizes the use of grant awards by state courts to: (1) develop or enhance a court interpreter program; (2) develop, institute, and administer language certification examinations; (3) recruit, train, and certify qualified court interpreters; (4) pay for salaries, transportation, and technology necessary to implement the court interpreter program; (5) provide for remote interpretation services to facilitate certified court interpretations when costs prohibit in-person interpretation; or (6) engage in other activities prescribed by the Attorney General. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Transportation and Housing Affordability Transparency Act''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) The average family spends about half of its income on transportation and housing costs. (2) Housing affordability has traditionally been measured as the extent to which a household's income can cover the purchase price of a home or the monthly rent. (3) Households in location-efficient communities can experience substantial savings on transportation costs as a result of lower car ownership, higher transit usage, and more accessible amenities such as stores and restaurants within walking distance. (4) In certain auto-dependent areas, transportation costs can be very high, leaving families with less money for housing, food, healthcare, and other important expenses. (5) Currently, transportation costs and savings are not taken into account in government affordability measures and standards, and information is not generally available to consumers looking to purchase homes. (6) Low-income housing tax credits, downpayment assistance grants, and rental assistance under section 8 of the United States Housing Act of 1937, for example, are all awarded and used without regard to this transportation cost burden. (7) A community's location, character, and design can contribute to overall affordability of the community more than household size and income. (8) Households with annual incomes between $20,000 and $35,000 and located far from job centers spend 70 percent of their incomes on housing and transportation combined. (9) Studies have shown that 63 percent of federally assisted housing units located within one-half mile of public transit may no longer be affordable to low- and moderate-income families by 2012. At the same time, of the more than 250,000 affordable apartments within one-half mile of public transit in 20 metropolitan areas studied, more than two-thirds of the Federal subsidies that keep these apartments affordable will expire within the next 5 years. (10) Existing and future affordable housing stock should be taken into account by local agencies when planning economic development and transit projects, to ensure that the combined housing and transportation costs remain affordable. (11) The preservation of existing affordable housing stock, particularly if it is located within one-half mile of public transit or other neighborhood amenities, should be a priority for local, State, and Federal agencies. (12) Potential homebuyers should have information about the transportation costs associated with their housing choices to enable fully informed decisionmaking. (13) Incorporating transportation costs into affordability measures can enable stakeholders, citizens, and decisionmakers at all levels of government coordinate and target investment decisions, strategies, and plans to lower transportation burdens. (b) Purposes.--The purposes of this Act are as follows: (1) To provide consumers with information about the costs of housing based on its location. (2) To recognize transportation costs as a key element of housing affordability. (3) To ensure transparency in housing and transportation costs for consumers, housing providers, local and regional planning agencies, Federal agencies, and other stakeholders. (4) To enable the Department of Housing and Urban Development, as appropriate, to incorporate transportation costs associated with the location of housing, including neighborhood characteristics such as density, walkability, the availability of quality transit service, and convenient access to amenities, into affordability measures and standards. (5) To help communities recognize the importance of providing transportation and housing choices for their residents. SEC. 3. TRANSPORTATION AFFORDABILITY INDEX. (a) Development.-- (1) In general.--The Secretary of Housing and Urban Development shall, through a public process, develop a transportation affordability index that measures the transportation costs associated with the location of a home, both on a neighborhood and regional basis. (2) Agreements.--In developing the index, the Secretary may enter into agreements with existing entities for access to, and may rely upon, previously developed databases, consistent with Federal procurement guidelines. (3) Additional location-specific costs.--The Secretary shall conduct research and analysis as to other location- specific costs associated with a home and determine the feasibility of including such costs into the index to be developed under this subsection. (b) Participation.--In developing the transportation affordability index, the Secretary shall consult with the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Rural Housing Service of the Department of Agriculture, real estate, development, housing, and transportation professionals, local and State governments, low-income housing advocates, researchers, and other appropriate parties. (c) Factors.--The transportation affordability index developed under this section for a household, property, community, or region shall take into consideration appropriate factors, including at least the following factors: (1) Location and, to the extent practicable, frequency of service for bus, rail, light rail, streetcar, ferry service, and other public transportation options within \1/4\, \1/2\, and 1 mile of the property. The Secretary shall consult with the Secretary of Transportation on ways to better incorporate the frequency of bus, transit and other public transportation options into the index. (2) If available, the average daily vehicle miles traveled for the census block group in which the property is located. (3) The availability within, and accessibility to, services within \1/2\ mile of the property, including grocery stores, parks, bicycle lanes or paths or other bicycle facilities, community centers, restaurants, coffee shops, medical facilities, laundry/cleaners, libraries, schools, plazas/town squares, banks, and day care facilities, and other services. (4) Proximity of the property to local and regional employment centers. (5) Net residential density, as measured by households per residential acre. (6) Any other factor that the Secretary determines would help improve the availability of information about transportation costs of housing (d) Availability.--Upon development of the transportation affordability index under this section, the Secretary shall make the index-- (1) publicly available through the Internet; (2) available to Multiple Listing Services for real estate in a format that provides for incorporation into such Services; (3) available to regional and metropolitan planning organizations for use in regional transportation plans and models; (4) available to local housing and planning agencies for possible use in developing Consolidated Plans for formula grant programs of the Department of Housing and Urban Development; (5) available to States, local governments, nonprofit organizations, and other entities that provide financial literacy counseling to households; and (6) available to transportation management agencies and other entities that engage in transportation demand management programs. (e) Report to Congress; Workshops; Pilot Projects.--The Secretary shall-- (1) provide a report to the Congress, not later than 120 days of the date of the enactment of this Act, that identifies in detail-- (A) the opportunities for, and the barriers to, the development of the transportation affordability index and related housing affordability measures; (B) the means and methods the Secretary intends to adopt for overcoming such barriers; (C) an implementation plan for developing, piloting, and adopting alternative housing affordability measures; and (D) the potential uses of the index established pursuant to section 3 to guide housing programs; (2) convene public workshops or other suitable events to solicit input into the process from the public and stakeholders; (3) conduct one or more pilot projects as may be necessary to test the feasibility of incorporating transportation costs into current definitions of affordability; and (4) collect and publicly disseminate information about which public housing projects and other HUD-assisted housing projects are located within \1/2\ mile of bus, rail, light rail, street car, or ferry service. (f) Periodic Updates.--The Secretary shall update the transportation affordability index under this section at least once every five years, or more frequently if feasible. SEC. 4. INCORPORATION INTO AFFORDABILITY MEASURES AND STATE AND LOCAL PLANS. To the maximum extent practicable and in a manner consistent with current research, the Secretary of Housing and Urban Development shall, in consultation with the Secretary of Transportation, carry out the following: (1) Federal housing programs.--The Secretary shall incorporate transportation costs associated with the location of housing into affordability measures and standards in connection with housing programs administered by the Secretary, where feasible and consistent with the intent of such programs. This paragraph shall not be construed to increase the rent burden of any tenant assisted by any housing program or override any specific definition of a housing affordability measure or standard required by or provided under Federal law. (2) State housing plans.--The Secretary shall provide information and resources to States to assist and encourage States to incorporate transportation costs into their housing and land use plans, including encouraging State housing agencies to use the index in administering the allocation of Federal low-income housing tax credits and to provide the information to recipients of vouchers for housing assistance. (3) Regional and local plans.--The Secretary shall work with regional and local government entities to integrate housing, transportation and, to the extent feasible, other costs associated with location into long-range transportation, land use, housing and community development, or investment plans. (4) Other organizations.--The Secretary shall consult with organizations that use, or may wish to use, affordability indexes to incorporate transportation costs into the housing affordability indexes of the organizations. (5) Federal agencies.--The Secretary shall work with the Administrator of the Environmental Protection Agency, the Secretary of Transportation, the Secretary of Agriculture, the Secretary of the Treasury, and other Federal agencies to, where practicable, incorporate the transportation affordability index established pursuant to section 3 into their programs. SEC. 5. EVALUATION. To the extent amounts are made available for carrying out this section, the Secretary of Housing and Urban Development shall, not later than 3 years after the date of the enactment of this Act, conduct a study to evaluate the effectiveness of the transportation affordability index established pursuant to section 3 in achieving the purposes of this Act, including field evaluations of its use. Such evaluation shall be updated annually and shall be made publicly available. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Development of Index.--There is authorized to be appropriated $3,000,000 for fiscal year 2011, to remain available until expended, for costs of developing the transportation affordability index required under section 3. (b) Maintenance and Improvement of Index and Activities To Incorporate Index.--There is authorized to be appropriated $2,000,000 for each of fiscal years 2012 through 2020 for-- (1) costs of maintaining and improving the effectiveness and use of the transportation affordability index established pursuant to section 3; (2) costs of the Secretary of Housing and Urban Development of complying with section 4; and (3) costs associated with annual updates to the evaluation required by section 5. Of any amounts appropriated pursuant to this subsection for any fiscal year, 30 percent shall be available for outreach to Multiple Listing Service programs and regional and local entities described in section 3(d) to promote the use of the transportation affordability index. (c) Initial Evaluation.--There is authorized to be appropriated $1,000,000 for fiscal year 2013 for costs of conducting the initial evaluation under section 5. | Transportation and Housing Affordability Transparency Act - Requires the Secretary of Housing and Urban Development (HUD) to develop publicly a transportation affordability index that measures the transportation costs associated with the location of a home, both on a neighborhood and regional basis. Requires HUD to make the index publicly available through the Internet, as well as to Multiple Listing Services for real estate, regional and metropolitan planning organizations, local housing and planning agencies, and states, local governments, nonprofit organizations, and transportation management agencies. Requires HUD to: (1) incorporate transportation costs associated with the location of housing into affordability measures and standards for HUD housing programs; (2) provide related information and resources to states to encourage them to incorporate transportation costs into their housing and land use plans; (3) work with regional and local government entities to integrate housing, transportation, and other costs associated with location into long-range transportation, land use, housing and community development, or investment plans; and (4) work with federal agencies to incorporate the transportation affordability index. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Credit Card Interchange Fees Act of 2008''. SEC. 2. PROHIBITION ON CERTAIN UNFAIR CREDIT AND FUND TRANSFER PRACTICES. (a) In General.--The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended by adding at the end the following new chapter: ``CHAPTER 6--PROHIBITION ON UNFAIR PRACTICES IN ELECTRONIC PAYMENT SYSTEM NETWORKS ``Sec. 191. Definitions. ``Sec. 192. Additional charges on merchants and consumers for premium payment cards prohibited. ``Sec. 193. Certain creditor or credit card network-imposed restrictions on merchants prohibited. ``Sec. 194. Fair and transparent transactions. ``Sec. 195. Enforcement. ``SEC. 191. DEFINITIONS. ``For purposes of this title, the following definitions shall apply: ``(1) Charge card.--The term charge card has the same meaning as in section 127(c)(4)(E). ``(2) Debit card.--The term `debit card' means any card or other device issued by a financial institution (as defined in section 903(8)) to a consumer for use in initiating electronic fund transfers (as defined in section 903(6)) from the account of the consumer at such financial institution for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ``(3) Electronic payment system network.--The term `electronic payment system network' means a network that provides, through licensed members, processors, or agents-- ``(A) for the issuance of payment cards (by credit card issuers in the case of a credit card, charge card issuers in the case of a charge card, or financial institutions (as defined in section 903(8)) in the case of debit cards) bearing any logo of the network; ``(B) the proprietary services and infrastructure that route information and data to facilitate transaction authorization, clearance, and settlement that merchants must access in order to accept payment cards bearing any logo of the network as payment for goods and services; and ``(C) for the screening and acceptance of merchants into the network in order to allow such merchants to accept payment cards bearing any logo of the network as payment for goods and services. ``(4) Licensed member.--The term `licenced member', in connection with any electronic payment system network, includes-- ``(A) any creditor or charge card issuer that is authorized to issue credit cards or charge cards bearing any logo of the network; ``(B) any financial institution (as defined in section 903(8)) that is authorized to issue debit cards to consumers who maintain accounts at such institution; and ``(C) any person, including any financial institution, on occasion referred to as an `acquirer' that is authorized-- ``(i) to screen and accept merchants into any program under which any payment card bearing any logo of such network may be accepted by the merchant for payment for goods or services; ``(ii) to process transactions on behalf of any such merchant for payment; and ``(iii) to complete financial settlement of any such transaction on behalf of such merchant. ``(5) Merchant.--The term `merchant' means any person in the business of selling or providing any good or service for consideration. ``(6) Payment card.--The term `payment card' means a credit card , a charge card, or a debit card. ``SEC. 192. ADDITIONAL CHARGES ON MERCHANTS AND CONSUMERS FOR PREMIUM PAYMENT CARDS PROHIBITED. ``(a) In General.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, require or permit any merchant to pay any interchange, processing, or other fee in connection with any payment card transaction initiated through a premium payment card in any amount in excess of the amount of any such interchange, processing, or other fee that would be imposed in connection with such payment card transactions if initiated through a nonpremium payment card. ``(b) Premium Definition.--For purposes of subsection (a), the following definitions shall apply: ``(1) Premium payment card.--The term `premium payment card' means a payment card that provides rewards or other cardholder benefits or services for the use of the card other than those benefits offered to any customer within the electronic payment system network. ``(2) Nonpremium payment card.--The term `nonpremium payment card' means a payment card bearing any logo of an electronic payment system network that is not a premium payment card. ``SEC. 193. CERTAIN CREDITOR OR CREDIT CARD NETWORK-IMPOSED RESTRICTIONS ON MERCHANTS PROHIBITED. ``(a) Pricing Display Restrictions.--With respect to any credit card which may be used for extensions of credit through an electronic payment system network in connection with sales transactions in which the merchant is a person other than the card issuer, the electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, restrict the merchant's discretion as to how to display or advertise the merchant's prices. ``(b) Honor All Cards Rule.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, prohibit any merchant that otherwise accepts payment cards bearing any logo of the network from refusing to accept any particular type of card due to its cost, except that the seller may be prohibited from refusing to accept a payment card issued by a particular creditor or financial institution without respect to any cost differences. ``(c) Steering Consumers.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, inhibit the ability of any merchant to direct consumers to the merchant's preferred form of payment. ``(d) Single Entity Rule.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, require any merchant to accept payment cards at 1 or more business locations in order to be able to accept payment cards at another business location. ``(e) Chargebacks for Transactions on Certain POS Terminals That Exceed the Allowable Amount on Such Devices.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, allow or require a chargeback to any merchant for any payment involving any payment and transfer initiated by the consumer at a point-of-sale terminal operated by the merchant on the basis that the amount of the transaction exceeded any preauthorized or predetermined amount for such terminal. ``(f) Merchants Permitted To Establish Minimum or Maximum Amounts for Payment by Payment Cards.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, prohibit any merchant from setting any maximum amount or minimum amount for the use of a payment card bearing any logo of such network by a consumer to pay for a transaction with such merchant. ``(g) Restrictions on Network Routing Prohibited.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, prohibit any merchant from directing the routing of payment card transactions for processing in the way chosen by the merchant. ``(h) Fees for Failing To Provide a Particular Number of Transactions Prohibited.--An electronic payment system network may not, directly or through any agent, processor, or licensed member of the network, by contract, or otherwise, impose any fee on any merchant for the failure of the merchant to meet any minimum number of transactions in which the consumers pay for such transactions using a payment card bearing any logo of such network. ``SEC. 194. FAIR AND TRANSPARENT TRANSACTIONS. ``(a) Disclosure of Contract Terms.--An electronic payment system network, and any agent, processor, or licensed member of the network, may not establish or maintain, directly or indirectly by contract or through a licensing arrangement, any agreement with a merchant, unless the network, agent, processor, or licensed member has made available to the merchant all of the rules, terms, and conditions to which such merchant will be bound under such agreement, including the complete operating rules of the relevant payment system using payment cards bearing any logo of such network, without restrictions on the merchant's use of any such information. ``(b) Review of Rules, Terms, and Agreements.--The Federal Trade Commission shall-- ``(1) prescribe regulations to-- ``(A) ensure that all of the rules, terms, and conditions to which a merchant or consumer is subject under an agreement with an electronic payment system network, or any agent, processor, or licensed member of the network, directly or indirectly, by contract or through a licensing arrangement, are not unfair or deceptive to consumers and merchants and are not anticompetitive; and ``(B) prohibit any unfair or deceptive act or practice or anticompetitive act or practice that may otherwise be permitted under or result from any rule, term, or condition described in subparagraph (A); and ``(2) regularly review all of the rules, terms, and conditions described in paragraph (1)(A) established by each electronic payment system network, or any agent, processor, or licensed member of the network. ``(c) Interchange and Other Fees.-- ``(1) Collection and dissemination of information.--The Board shall collect, publish, and disseminate to the public-- ``(A) complete information on the interchange, processing and other fees charged by each electronic payment system network, or any agent, processor, or licensed member of the network, in connection with any aspect of transactions initiated by consumers using payment cards bearing any logo of such network, including fees imposed by the payment card issuer in connection with any such transaction; and ``(B) all of the rules, terms, and conditions to which a merchant or a consumer is subject under an agreement with an electronic payment system network, or any agent, processor, or licensed member of the network, directly or indirectly by contract or through a licensing arrangement for transactions indicated by consumers using payment cards bearing any logo of such network. ``(2) Regulations.--For purposes of this subsection, the Board may prescribe regulations and issue orders requiring any electronic payment system network, and any agent, processor, or licensed member of any such network, to submit any information, including rules, agreements, and contracts, that the Board determines to be necessary or appropriate for the Board to meet the requirements of paragraph (1). ``SEC. 195. ENFORCEMENT. ``Subsections (a), (b), and (h) of section 130 shall be applied for purposes of this chapter by substituting the term `an electronic payment system network, or any agent, processor, or licensed member of any such network' for `creditor' each place such term appears in such subsections.''. (b) Technical and Conforming Amendments.-- (1) Section 127(a) of the Truth in Lending Act (U.S.C. 1637(a)) is amended by inserting after paragraph (8) the following new paragraph: ``(9) In the case of any account under which a credit card issued in connection with the account bears the logo of any electronic payment system network, the amounts of any fees charged by the network, or any agent, processor, or licensed member of the network, in connection with any aspect of transactions initiated by the consumers using such credit card, including any interchange, processing, or other fees.''. (2) Section 127(b) of the Truth in Lending Act (U.S.C. 1637(b)) is amended by adding at the end the following new paragraph: ``(13) In the case of any account under which a credit card issued in connection with the account bears the logo of any electronic payment system network, if any fee was charged by the network, or any agent, processor, or licensed member of the network, in connection with any aspect of a transaction which resulted in an extension of credit reported on such statement, the amount of such fee, including any interchange, processing, or other fee.''. (3) Section 127(c)(1)(A) of the Truth in Lending Act (U.S.C. 1637(c)(1)(A)) is amended by adding at the end the following new clause: ``(v) Interchange and other fees.--In the case of an application or solicitation to open an account under which a credit card issued in connection with the account would bear the logo of any electronic payment system network, the amounts of any fees charged by the network, or any agent, processor, or licensed member of the network, in connection with any aspect of any transaction initiated by the consumer using such credit card, including any interchange, processing, or other fees.''. (4) Section 127(c)(4)(A) of the Truth in Lending Act (U.S.C. 1637(c)(4)(A)) is amended by adding at the end the following new clause: ``(iv) In the case of an application or solicitation to open an account under which a charge card issued in connection with the account would bear the logo of any electronic payment system network, the amounts of any fees charged by the network, or any agent, processor, or licensed member of the network, in connection with any aspect of transactions initiated by the consumer using such charge card, including any interchange, processing, or other fees.''. (5) Section 130(a) of the Truth in Lending Act (U.S.C. 1640(a)) is amended by striking ``chapter 4 or 5'' and inserting ``chapter 4, 5, or 6''. (6) Section 130(b) of the Truth in Lending Act (U.S.C. 1640(b)) is amended by inserting ``or 6'' after ``chapter 5''. (7) Section 130(g) of the Truth in Lending Act (U.S.C. 1640(g)) is amended by striking ``chapter 4 or 5'' and inserting ``chapter 4, 5, or 6''. (8) Section 906(c) of the Electronic Fund Transfer Act (U.S.C. 1693d(c)) is amended-- (A) in paragraph (3), by striking ``and'' after the semicolon at the end; (B) in paragraph (4), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(5) in the case of an account under which an electronic fund transfer may be initiated by the consumer by means of any card or other device issued by the financial institution which bears the logo of any electronic payment system network, if any fee was charged by the network, or any agent, processor, or licensed member of the network, in connection with any aspect of a transaction which resulted in an electronic fund transfer reported on such statement, the amount of such fee, including any interchange, processing, or other fee.''. (c) Clerical Amendment.--The table of chapters for the Truth in Lending Act is amended by inserting after the item relating to chapter 5 the following new item: ``6. Prohibition on Unfair Practices in Electronic Payment System Networks................................................................ ......................................191''. | Credit Card Interchange Fees Act of 2008 - Amends the Truth in Lending Act to prohibit specified electronic payment system network practices, including the imposition of: (1) additional charges on merchants and consumers for premium payment cards; (2) certain restrictions on merchants, including chargebacks for transactions on point of sale terminals that exceed the allowable amount on such devices; (3) restrictions upon network routing; and (4) fees for failure of the merchant to provide a particular number of transactions. Requires an electronic payment system network to disclose its contract terms to the merchant, including its complete operating rules, without restricting the merchant's use of such information. Directs the Federal Trade Commission (FTC) to prescribe regulations to: (1) ensure that the rules, terms, and conditions to which a merchant or consumer is subject under an agreement with an electronic payment system network are neither unfair nor deceptive to consumers and merchants, nor anticompetitive; (2) prohibit any unfair or deceptive act or practice or anticompetitive act or practice that may result from such rule, term, or condition; and (3) regularly review such rules, terms, and conditions. Directs the Board of Governors of the Federal Reserve System to collect and disseminate to the public: (1) complete information on fees charged by each electronic payment system network in connection with consumer-initiated transactions; and (2) the rules, terms, and conditions to which a merchant or a consumer is subject under an agreement with an electronic payment system network for transactions using payment cards. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Retired Pay Fairness Act of 2009''. SEC. 2. LIMITATIONS ON RECOUPMENT OF SEPARATION PAY, SPECIAL SEPARATION BENEFITS, AND VOLUNTARY SEPARATION INCENTIVE FROM MEMBERS SUBSEQUENTLY RECEIVING RETIRED OR RETAINER PAY. (a) Separation Pay and Special Separation Benefits.--Section 1174(h)(1) of title 10, United States Code, is amended-- (1) by inserting ``(A)'' after ``(1)''; (2) in subparagraph (A), as so designated, by striking ``so much of such pay as is based on the service for which he received separation pay under this section or separation pay, severance pay, or readjustment pay under any other provision of law'' and inserting ``an amount, in such schedule of monthly installments as the Secretary of Defense shall specify taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member's dependents,''; and (3) by adding at the end the following new subparagraphs: ``(B) The amount deducted under subparagraph (A) from a payment of retired or retainer pay may not exceed 25 percent of the amount of the member's retired or retainer pay for that month unless the member requests or consents to deductions at an accelerated rate. The Secretary of Defense shall consult with the member regarding the repayment rate to be imposed, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member's dependents. ``(C) The deduction of amounts from the retired or retainer pay of a member under this paragraph may not commence until the date that is 90 days after the date on which the Secretary of Defense notifies the member of the deduction of such amounts under this paragraph. Any notice under this subparagraph shall be designed to provide clear and comprehensive information on the deduction of amounts under this paragraph, including information on the determination of the amount and period of installments under this paragraph. ``(D) The Secretary of Defense may waive the deduction of amounts from the retired or retainer pay of a member under this paragraph if the Secretary determines that deduction of such amounts would result in a financial hardship for the member.''. (b) Voluntary Separation Incentive.--Section 1175(e)(3) of such title is amended-- (1) in subparagraph (A), by striking ``so much of such pay as is based on the service for which he received the voluntary separation incentive'' and inserting ``an amount, in such schedule of monthly installments as the Secretary of Defense or the Secretary of Homeland Security, as applicable, shall specify taking into account the financial ability of the member to pay and avoiding the imposition of undue financial hardship on the member and member's dependents,''; (2) by redesignating subparagraph (B) as subparagraph (C); (3) by inserting after subparagraph (A) the following new subparagraph: ``(B) The amount deducted under subparagraph (A) from a payment of retired or retainer pay may not exceed 25 percent of the amount of the member's retired or retainer pay for that month unless the member requests or consents to deductions at an accelerated rate. The Secretary of Defense or the Secretary of Homeland Security, as applicable, shall consult with the member regarding the repayment rate to be imposed, taking into account the financial ability of the member to pay and avoiding the imposition of an undue hardship on the member and the member's dependents.''; and (4) by adding at the end the following new subparagraphs: ``(D) The deduction of amounts from the retired or retainer pay of a member under this paragraph may not commence until the date that is 90 days after the date on which the Secretary of Defense or the Secretary of Homeland Security, as applicable, notifies the member of the deduction of such amounts under this paragraph. Any notice under this subparagraph shall be designed to provide clear and comprehensive information on the deduction of amounts under this paragraph, including information on the determination of the amount and period of installments under this paragraph. ``(E) The Secretary of Defense or the Secretary of Homeland Security, as applicable, may waive the deduction of amounts from the retired or retainer pay of a member under this paragraph if the Secretary determines that deduction of such amounts would result in a financial hardship for the member.''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act and apply to deductions made from the retired or retainer pay of members of the uniformed services for that month and subsequent months. | Military Retired Pay Fairness Act of 2009 - Provides limitations on the recoupment of separation pay, special separation benefits, and voluntary separation incentive payments from members of the Armed Forces subsequently receiving military retired or retainer pay. Authorizes the Secretary of Defense or Homeland Security, as applicable, to waive such recoupments in cases of financial hardship. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep Americans Safe Act''. SEC. 2. DEFINITIONS. Section 921(a) of title 18, United States Code, is amended by inserting after paragraph (29) the following: ``(30) The term `large capacity ammunition feeding device'-- ``(A) means a magazine, belt, drum, feed strip, helical feeding device, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and ``(B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. ``(31) The term `qualified law enforcement officer' has the meaning given the term in section 926B.''. SEC. 3. RESTRICTIONS ON LARGE CAPACITY AMMUNITION FEEDING DEVICES. (a) In General.--Section 922 of title 18, United States Code, is amended by inserting after subsection (u) the following: ``(v)(1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. ``(2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Keep Americans Safe Act. ``(3) Paragraph (1) shall not apply to-- ``(A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off-duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off-duty); ``(B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; ``(C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device-- ``(i) sold or transferred to the individual by the agency upon such retirement; or ``(ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or ``(D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. ``(4) For purposes of paragraph (3)(A), the term `campus law enforcement officer' means an individual who is-- ``(A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); ``(B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; ``(C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and ``(D) recognized, commissioned, or certified by a government entity as a law enforcement officer.''. (b) Identification Markings for Large Capacity Ammunition Feeding Devices.--Section 923(i) of title 18, United States Code, is amended by adding at the end the following: ``A large capacity ammunition feeding device manufactured after the date of enactment of the Keep Americans Safe Act shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe.''. (c) Seizure and Forfeiture of Large Capacity Ammunition Feeding Devices.--Section 924(d) of title 18, United States Code, is amended-- (1) in paragraph (1)-- (A) by inserting ``or large capacity ammunition feeding device'' after ``firearm or ammunition'' each place the term appears; (B) by inserting ``or large capacity ammunition feeding device'' after ``firearms or ammunition'' each place the term appears; and (C) by striking ``or (k)'' and inserting ``(k), or (v)''; (2) in paragraph (2)(C), by inserting ``or large capacity ammunition feeding devices'' after ``firearms or quantities of ammunition''; and (3) in paragraph (3)(E), by inserting ``922(v),'' after ``922(n),''. SEC. 4. PENALTIES. Section 924(a)(1)(B) of title 18, United States Code, is amended by striking ``or (q)'' and inserting ``(q), or (v)''. SEC. 5. USE OF BYRNE GRANTS FOR BUY-BACK PROGRAMS FOR LARGE CAPACITY AMMUNITION FEEDING DEVICES. Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended by adding at the end the following: ``(I) Compensation for surrendered large capacity ammunition feeding devices, as that term is defined in section 921 of title 18, United States Code, under buy- back programs for large capacity ammunition feeding devices.''. SEC. 6. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby. | Keep Americans Safe Act This bill amends the federal criminal code to make it a crime to knowingly import, sell, manufacture, transfer, or possess a large capacity ammunition feeding device (LCAFD). The bill does not prohibit, with respect to an LCAFD: importation, sale, manufacture, transfer, or possession related to certain law enforcement efforts, or authorized tests or experiments; importation, sale, transfer, or possession related to securing nuclear materials; and possession by a retired law enforcement officer. The bill permits continued possession of, but prohibits sale or transfer of, a grandfathered LCAFD. Newly manufactured LCAFDs must display serial number identification and the date of manufacture. The bill also amends the Omnibus Crime Control and Safe Streets Act of 1968 to allow a state or local government to use Edward Byrne Memorial Justice Assistance Grant Program funds to compensate individuals who surrender an LCAFD under a buy-back program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``MEJA Expansion and Enforcement Act of 2007''. SEC. 2. LEGAL STATUS OF CONTRACT PERSONNEL. (a) Clarification of the Military Extraterritorial Jurisdiction Act.-- (1) Inclusion of contractors.--Subsection (a) of section 3261 of title 18, United States Code, is amended-- (A) by striking ``or'' at the end of paragraph (1); (B) by striking the comma at the end of paragraph (2) and inserting ``; or''; and (C) by inserting after paragraph (2) the following: ``(3) while employed under a contract (or subcontract at any tier) awarded by any department or agency of the United States, where the work under such contract is carried out in an area, or in close proximity to an area (as designated by the Department of Defense), where the Armed Forces is conducting a contingency operation,''. (2) Definition.--Section 3267 of title 18, United States Code, is amended by adding at the end the following: ``(5) The term `contingency operation' has the meaning given such term in section 101(a)(13) of title 10.''. (b) Department of Justice Inspector General Report.-- (1) Report required.--Not later than 180 days after the date of the enactment of this Act, the Inspector General of the Department of Justice shall submit to Congress a report in accordance with this subsection. (2) Content of report.--The report under paragraph (1) shall include-- (A) a description of the status of Department of Justice investigations of alleged violations of section 3261 of title 18, United States Code, to have been committed by contract personnel, which shall include-- (i) the number of complaints received by the Department of Justice; (ii) the number of investigations into complaints opened by the Department of Justice; (iii) the number of criminal cases opened by the Department of Justice; and (iv) the number and result of criminal cases closed by the Department of Justice; (B) findings and recommendations about the number of criminal cases prosecuted by the Department of Justice involving violations of section 3261 of title 18, United States Code; and (C) with respect to covered contracts where the work under such contracts is carried out in Iraq or Afghanistan-- (i) a list of each charge brought against contractors or contract personnel performing work under such a covered contract, including-- (I) a description of the offense with which a contractor or contract personnel were charged; and (II) the disposition of such charge; and (ii) a description of any legal actions taken by the United States Government against contractors or contract personnel as a result of-- (I) a criminal charge brought against such contractors or contract personnel; or (II) a complaint received regarding the activities of such contractors or contract personnel. (3) Format of report.--The report under paragraph (1) shall be submitted in unclassified format, but may contain a classified annex as appropriate. SEC. 3. FEDERAL BUREAU OF INVESTIGATION INVESTIGATIVE UNIT FOR CONTINGENCY OPERATIONS. (a) Establishment of Theater Investigative Unit.--The Director of the Federal Bureau of Investigation shall ensure that there are adequate personnel through the creation of Theater Investigative Units to investigate allegations of criminal violations of section 3261 of title 18, United States Code, by contract personnel. (b) Responsibilities of Theater Investigative Unit.--The Theater Investigative Unit established for a theater of operations shall-- (1) investigate reports that raise reasonable suspicion of criminal misconduct by contract personnel; (2) investigate reports of fatalities resulting from the potentially unlawful use of force by contract personnel; and (3) upon conclusion of an investigation of alleged criminal misconduct, refer the case to the Attorney General of the United States for further action, as appropriate in the discretion of the Attorney General. (c) Responsibilities of Federal Bureau of Investigation.-- (1) Resources.--The Director of the Federal Bureau of Investigation shall ensure that each Theater Investigative Unit has adequate resources and personnel to carry out its responsibilities. (2) Notification.--The Director of the Federal Bureau of Investigation shall notify Congress whenever a Theater Investigative Unit is established or terminated in accordance with this section. (3) Security.--The Director of the Federal Bureau of Investigation shall request security assistance from the Secretary of Defense in any case in which a Theater Investigative Unit does not have the resources or is otherwise unable to provide adequate security to ensure the safety of such Unit. The Director may not request or provide for security for a Theater Investigate Unit from any individual or entity other than the Federal Bureau of Investigation or the Secretary of Defense. (d) Assistance on Request of Attorney General.--In consultation with the Director of the Federal Bureau of Investigation, the Attorney General may request assistance from the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, or the head of any other Executive agency, notwithstanding any statute, rule, or regulation to the contrary, including the assignment of additional personnel and resources to a Theater Investigative Unit. (e) Annual Report.--Not later than one year after the date on which the Director of the Federal Bureau of Investigation ensures compliance with the provisions of this Act pursuant to section 5(c), and annually thereafter, the Director of the Federal Bureau of Investigation shall submit to Congress a report containing-- (1) the number of reports received by Theater Investigative Units relating to suspected criminal misconduct by contractors or contract personnel; (2) the number of reports received by Theater Investigative Units relating to fatalities resulting from the use of force by contractors or contract personnel; (3) the number of cases referred by Theater Investigative Units to the Attorney General for further investigation or other action; and (4) any recommended changes to Federal law that the Director considers necessary to perform the duties of the Director under this Act. SEC. 4. DEFINITIONS. In this Act: (1) Covered contract.--The term ``covered contract'' means an agreement-- (A) that is-- (i) a prime contract awarded by an agency; (ii) a subcontract at any tier under any prime contract awarded by an agency; or (iii) a task order issued under a task or delivery order contract entered into by an agency; and (B) according to which the work under such contract, subcontract, or task order is carried out in a region outside the United States in which the Armed Forces are conducting a contingency operation. (2) Agency.--The term ``agency'' has the meaning given the term ``Executive agency'' in section 105 of title 5, United States Code. (3) Contingency operation.--The term ``contingency operation'' has the meaning given the term section 101(13) of title 10, United States Code. (4) Contractor.--The term ``contractor'' means an entity performing a covered contract. (5) Contract personnel.--The term ``contract personnel'' means persons assigned by a contractor (including subcontractors at any tier) to perform work under a covered contract. SEC. 5. EFFECTIVE DATE. (a) Applicability.--The provisions of this Act shall apply to all covered contracts and all covered contract personnel in which the work under the contract is carried out in an area, or in close proximity to an area (as designated by the Department of Defense), where the Armed Forces is conducting a contingency operation on or after the date of the enactment of this Act. (b) Immediate Effectiveness.--The provisions of this Act shall enter into effect immediately upon the enactment of this Act. (c) Implementation.--With respect to covered contracts and covered contract personnel discussed in subsection (a)(1), the Director of the Federal Bureau of Investigation, and the head of any other agency to which this Act applies, shall have 90 days after the date of the enactment of this Act to ensure compliance with the provisions of this Act. SEC. 6. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to affect intelligence activities that are otherwise permissible prior to the enactment of this Act. Passed the House of Representatives October 4, 2007. Attest: LORRAINE C. MILLER, Clerk. | MEJA Expansion and Enforcement Act of 2007 - Provides that persons who, while employed under a federal agency contract in, or in close proximity to, an area where the Armed Forces are conducting a contingency operation, engage in conduct that would constitute an offense punishable by imprisonment for more than one year if engaged in within U.S. jurisdiction, shall be punished as provided for that offense. Requires the Inspector General of the Department of Justice (DOJ) to report to Congress on: (1) the status of DOJ's investigations of alleged violations committed by contract personnel; (2) findings and recommendations about the number of criminal cases prosecuted by DOJ involving such violations; and (3) with respect to covered contracts where the work is carried out in Iraq or Afghanistan, a list of each charge brought against contractors or contract personnel and a description of any legal actions taken by the United States as a result of such a criminal charge or a complaint. Requires the Director of the Federal Bureau of Investigation (FBI) to ensure that there are adequate personnel, through the creation of Theater Investigative Units, to investigate allegations of such criminal violations by contract personnel. Requires such a Unit to refer a case, if appropriate, to the Attorney General for further action. Requires the Director to request security assistance from the Secretary of Defense in any case in which a Unit does not have the resources or is otherwise unable to provide adequate security to ensure its safety. Authorizes the Attorney General to request assistance from the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, or the head of any other agency, including the assignment of additional personnel and resources to a Unit. Requires the Director to report annually to Congress on the number of reports received by Units relating to suspected criminal misconduct by contractors or to fatalities resulting from the use of force by contractors, the number of cases referred by the Units to the Attorney General for further investigation or action, and any recommended changes to federal law that the Director considers necessary to perform the duties of the Director under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``American Falls Reservoir District Number 2 Conveyance Act''. SEC. 2. DEFINITIONS. In this Act: (1) Agreement.--The term ``Agreement'' means Agreement No. 5-07-10-L1688 between the United States and the District, entitled ``Agreement Between the United States and the American Falls Reservoir District No. 2 to Transfer Title to the Federally Owned Milner-Gooding Canal and Certain Property Rights, Title and Interest to the American Falls Reservoir District No. 2''. (2) District.--The term ``District'' means the American Falls Reservoir District No. 2, located in Jerome, Lincoln, and Gooding Counties, Idaho. (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 3. AUTHORITY TO CONVEY TITLE. (a) In General.--In accordance with all applicable law and the terms and conditions set forth in the Agreement, the Secretary may convey-- (1) to the District all right, title, and interest in and to the land and improvements described in Appendix A of the Agreement, subject to valid existing rights; (2) to the city of Gooding, located in Gooding County, Idaho, all right, title, and interest in and to the 5.0 acres of land and improvements described in Appendix D of the Agreement; and (3) to the Idaho Department of Fish and Game all right, title, and interest in and to the 39.72 acres of land and improvements described in Appendix D of the Agreement. (b) Compliance With Agreement.--All parties to the conveyance under subsection (a) shall comply with the terms and conditions of the Agreement, to the extent consistent with this Act. SEC. 4. TRANSFER. As soon as practicable after the date of enactment of this Act, the Secretary shall direct the Director of the National Park Service to include in and manage as a part of the Minidoka Internment National Monument the 10.18 acres of land and improvements described in Appendix D of the Agreement. SEC. 5. COMPLIANCE WITH OTHER LAWS. (a) In General.--On conveyance of the land and improvements under section 3(a)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) in the operation of each facility transferred. (b) Applicable Authority.--Nothing in this Act modifies or otherwise affects the applicability of Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)) to project water provided to the District. SEC. 6. REVOCATION OF WITHDRAWALS. (a) In General.--The portions of the Secretarial Orders dated March 18, 1908, October 7, 1908, September 29, 1919, October 22, 1925, March 29, 1927, July 23, 1927, and May 7, 1963, withdrawing the approximately 6,900 acres described in Appendix E of the Agreement for the purpose of the Gooding Division of the Minidoka Project, are revoked. (b) Management of Withdrawn Land.--The Secretary, acting through the Director of the Bureau of Land Management, shall manage the withdrawn land described in subsection (a) subject to valid existing rights. SEC. 7. LIABILITY. (a) In General.--Subject to subsection (b), upon completion of a conveyance under section 3, the United States shall not be liable for damages of any kind for any injury arising out of an act, omission, or occurrence relating to the land (including any improvements to the land) conveyed under the conveyance. (b) Exception.--Subsection (a) shall not apply to liability for damages resulting from an injury caused by any act of negligence committed by the United States (or by any officer, employee, or agent of the United States) before the date of completion of the conveyance. (c) Federal Tort Claims Act.--Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code. SEC. 8. FUTURE BENEFITS. (a) Responsibility of the District.--After completion of the conveyance of land and improvements to the District under section 3(a)(1), and consistent with the Agreement, the District shall assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land). (b) Eligibility for Federal Funding.-- (1) In general.--Except as provided in paragraph (2), the District shall not be eligible to receive Federal funding to assist in any activity described in subsection (a) relating to land and improvements transferred under section 3(a)(1). (2) Exception.--Paragraph (1) shall not apply to any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary. SEC. 9. NATIONAL ENVIRONMENTAL POLICY ACT. Before completing any conveyance under this Act, the Secretary shall complete all actions required under-- (1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); (2) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); (3) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and (4) all other applicable laws (including regulations). SEC. 10. PAYMENT. (a) Fair Market Value Requirement.--As a condition of the conveyance under section 3(a)(1), the District shall pay the fair market value for the withdrawn lands to be acquired by them, in accordance with the terms of the Agreement. (b) Grant for Building Replacement.--As soon as practicable after the date of enactment of this Act, and in full satisfaction of the Federal obligation to the District for the replacement of the structure in existence on that date of enactment that is to be transferred to the National Park Service for inclusion in the Minidoka Internment National Monument, the Secretary, acting through the Commission of Reclamation, shall provide to the District a grant in the amount of $52,996, in accordance with the terms of the Agreement. | American Falls Reservoir District Number 2 Conveyance Act - Authorizes the Secretary of the Interior to convey all right, title, and interest in specified land to the: (1) American Falls Reservoir District No. 2 (District) located in Jerome, Lincoln, and Gooding Counties, Idaho; (2) city of Gooding; and (3) Idaho Department of Fish and Game. Requires the District to pay fair market value for the land. Relieves the United States of liability for damages of any kind relating to the land, unless they result from injury caused by negligence of the United States. Requires the Director of the National Park Service to manage specified land as part of the Minidoka Internment National Monument. Revokes the Department of Interior's previous orders that withdrew specified land from the Gooding Division of the Minidoka project and requires the Director of the Bureau of Land Management (BLM) to manage the land. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Resource Governance Act of 2001''. SEC. 2. FINDINGS. Congress finds that-- (1) energy prices have risen dramatically, leading to significant harm to particular sectors of the economy; (2) an affordable domestic energy supply is vital to the continued growth and vitality of our Nation's economy; (3) an uninterrupted supply of oil and other energy is necessary to protect the United States national security interests; and (4) the United States continued dependence on foreign sources of energy, particularly on the Organization of Petroleum Exporting Countries (OPEC), for the majority of its petroleum and energy needs is harmful to our national security and will not guarantee lower fuel prices and protect our economy. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established the National Energy Self-Sufficiency Commission (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) Duties.--The duties of the Commission are-- (1) to investigate and study issues and problems relating to issues involving the importation of and dependence on foreign sources of energy; (2) to evaluate proposals and current arrangements with respect to such issues and problems with the goal of seeking out ways to make the United States self-sufficient in the production of energy by the year 2011; (3) to explore whether alternate sources of energy such as ethanol, solar power, electricity, natural gas, coal, hydrogen, wind energy, and any other forms of alternative power sources should be considered, including other potential and actual sources; (4) to investigate the affordability of oil exploration and drilling in areas which currently are not being used for drilling, whether because of the cost of doing so, because of current law, or because of environmental regulation that may prohibit such drilling; (5) to appear at any congressional oversight hearing before the proper congressional oversight committee to testify as to the progress and operation of the Commission and its findings; (6) to consider tax credits and other financial incentives, along with expanded drilling in areas such as the Arctic National Wildlife Refuge and offshore, to help promote and establish the viability and research of alternative forms of energy and domestic oil exploration; (7) to prepare and submit to the Congress and the President a report in accordance with section 9; and (8) to take into account the adverse environmental impact of its proposals. (b) Limitation.--This Act shall not permit the Commission to recommend an increase in taxes or other revenues or import restrictions on oil or other commodities. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 9 members as follows: (1) 3 members appointed by the President, 1 of whom shall be designated as chairman by the President. (2) 2 members appointed by the Majority Leader of the Senate. (3) 1 member appointed by the Minority Leader of the Senate. (4) 2 members appointed by the Speaker of the House of Representatives. (5) 1 member appointed by the Minority Leader of the House of Representatives. (b) Term.--Members of the Commission shall be appointed for the life of the Commission. (c) Quorum.--5 members of the Commission shall constitute a quorum, but a lesser number may conduct meetings. (d) Appointment Deadline.--The first appointments made under subsection (a) shall be made within 60 days after the date of enactment of this Act. (e) First Meeting.--The first meeting of the Commission shall be called by the chairman and shall be held within 90 days after the date of enactment of this Act. (f) Vacancy.--A vacancy on the Commission resulting from the death or resignation of a member shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (g) Continuation of Membership.--If any member of the Commission who was appointed to the Commission as a Member of Congress or as an officer or employee of a government leaves that office, or if any member of the Commission who was not appointed in such a capacity becomes an officer or employee of a government, the member may continue as a member of the Commission for not longer than the 90-day period beginning on the date the member leaves that office or becomes such an officer or employee, as the case may be. SEC. 6. COMPENSATION. (a) Pay.-- (1) Nongovernment employees.--Each member of the Commission who is not otherwise employed by the United States Government shall be entitle to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which he or she is engaged in the actual performance of duties as a member of the Commission. (2) Government employees.--A member of the Commission who is an officer or employee of the United States Government shall serve without additional compensation. (b) Travel.--Members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS. (a) Staff.-- (1) Appointment.--The chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other personnel as are necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation.--The chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter II of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (b) Experts and Consultants.--The Commission may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. SEC. 8. POWERS OF THE COMMISSION. (a) Hearings and Meetings.--The Commission or, on authorization of the Commission, a member of the Commission may hold such hearings, sit and act at such time and places, take such testimony, and receive such evidence as the Commission considers appropriate. The Commission or a member of the Commission may administer oaths or affirmations to witnesses appearing before it. (b) Official Data.--The Commission may secure directly from any Federal department, agency, or court information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the head of a Federal department or agency or chief judge of a Federal court shall furnish such information to the Commission. (c) Facilities and Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such facilities and support services as the Commission may request. Upon request of the Commission, the head of a Federal department or agency may make any of the facilities or services of the agency available to the Commission to assist the Commission in carrying out its duties under this Act. (d) Expenditures and Contracts.--The Commission or, on authorization of the Commission, a member of the Commission may make expenditures and enter into contracts for the procurement of such supplies, services, and property as the Commission or member considers appropriate for the purposes of carrying out the duties of the Commission. Such expenditures and contracts may be made only to such extent or in such amounts as are provided in appropriation Acts. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal departments and agencies of the United States. (f) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 9. REPORT. The Commission shall submit to the Congress and the President a report not later than 2 years after the date of its first meeting. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for such legislative or administrative action as it considers appropriate. SEC. 10. TERMINATION. The Commission shall cease to exist on the date that is 30 days after the date on which it submits its report under section 9. SEC. 11. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated $3,500,000 to carry out this Act for each fiscal year for the duration of the Commission. | National Resource Governance Act of 2001 - Establishes the National Energy Self-Sufficiency Commission, which shall: (1) investigate issues involving U.S. dependence on foreign energy sources; (2) evaluate proposals to make the United States self-sufficient in energy production by the year 2011; (3) explore alternative energy sources; (4) investigate areas currently not being used for oil exploration and drilling for environmental reasons; (5) consider tax credits and other financial incentives; and (6) expand drilling in areas such as the Arctic National Wildlife Refuge and offshore.Prohibits the Commission from recommending an increase in taxes or other revenues, or import restrictions on oil or other commodities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rail Transportation Security Act''. SEC. 2. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT. (a) In General.-- (1) Assessment.--The Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for-- (A) improving the security of rail infrastructure and facilities, terminals, tunnels, rail bridges, rail switching areas, and other areas identified by the Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service; (B) deploying chemical and biological weapon detection equipment; (C) training employees in terrorism response activities; and (D) identifying the immediate and long-term economic impact of measures that may be required to address those risks. (2) Existing private and public sector efforts.--The assessment shall include a review of any actions already taken or prospective actions necessary to address identified security issues by both public and private entities. (b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Secretary shall consult with rail management, rail labor, facility owners and operators, and public safety officials (including officials responsible for responding to emergencies). (c) Report.-- (1) Contents.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure a report, without compromising national security, containing the assessment and prioritized recommendations required by subsection (a). (2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary. (d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $515,000,000 for fiscal year 2005 to carry out this section, implement the measures contained in the Secretary's prioritized recommendations, and award grants for purposes identified in the assessment in subsection (a), such sums to remain available until expended. SEC. 3. RAIL SECURITY. (a) Rail Police Officers.--Section 28101 is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''. (b) Review of Rail Regulations.--Within 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Department of Homeland Security, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail safety and security. SEC. 4. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS. (a) Requirement for Study.--Not later than December 1, 2004, the Comptroller General shall carry out a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries. (b) Purpose.--The purpose of the study shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective. (c) Report.--The Comptroller General shall submit a report on the results of the study to Congress. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study. SEC. 5. PASSENGER, BAGGAGE, AND CARGO SCREENING. (a) Requirement for Study and Report.--The Secretary of Homeland Security shall-- (1) study the cost and feasibility of requiring security screening for all passengers, baggage, and mail, express, and other cargo on Amtrak trains; and (2) report the results of the study, together with any recommendations that the Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives one year after the date of enactment of this Act. (b) Pilot Program.--As part of the study under subsection (a), the Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 of the 10 busiest passenger rail stations served by Amtrak (measured by the average number of boardings of Amtrak passenger trains) and at up to five additional rail stations served by Amtrak that are selected by the Secretary. In selecting the additional train stations the Secretary shall attempt to achieve a distribution of participating stations in terms of geographic location and size. SEC. 6. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY. Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title. SEC. 7. LIFE SAFETY AND INFRASTRUCTURE. (a) Life Safety Needs.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005: (1) $677,000,000 for the 6 New York tunnels built in 1910 to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers. (2) $57,000,000 for the Baltimore & Potomac tunnel built in 1872 to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades. (3) $40,000,000 for the Washington, D.C. Union Station tunnels built in 1904 under the Supreme Court and House and Senate Office Buildings to improve ventilation, communication, lighting, and passenger egress upgrades. (b) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak for fiscal year 2005, $3,000,000 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels, such funds to remain available until expended. | Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; (2) deploying chemical and biological weapon detection equipment; (3) training employees in terrorism response activities; and (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains; and (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer-Employee Cooperation Act of 1999''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships are based on trust, mutual respect, open communications, bilateral and consensual problem solving, and shared accountability. Labor-management cooperation fully utilizes the strengths of both parties to best serve the interests of the public, operating as a team to carry out the public safety mission in a quality work environment. In many public safety agencies it is the union that provides the institutional stability as elected leaders and appointees come and go. (2) The health and safety of the Nation and the best interest of public safety employers and employees can be best protected by the settlement of issues through the processes of collective bargaining. (3) The Federal Government needs to encourage conciliation, mediation, and voluntary arbitration to aid and encourage employers and the representatives of their employees to reach and maintain agreements concerning rates of pay, hours, and working conditions, and to make all reasonable efforts through negotiations to settle their differences by mutual agreement reached through collective bargaining or by such methods as may be provided for in any applicable agreement for the settlement of disputes. (4) The absence of adequate cooperation between public safety employers and employees has implications for the security of employees and can affect interstate and intrastate commerce. Additionally, the lack of such labor-management cooperation detrimentally impacts the upgrading of police and fire services of local communities, the health and well-being of public safety officers, and the morale of the fire and police departments. These factors could have significant commercial repercussions. Moreover, providing minimal standards for collective bargaining negotiations in the public safety industry will prevent industrial strife between labor and management that interferes with the normal flow of commerce. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``Authority'' means the Federal Labor Relations Authority. (2) The term ``public safety officer'' means an employee of a public safety agency who is a law enforcement officer, a firefighter, or emergency medical services personnel. The term includes an individual who is temporarily transferred to a supervisory or administrative position, but does not include a permanent management or supervisory employee. (3) The term ``firefighter'' means an individual employed by a fire department who-- (A) primarily performs work directly related to the control and extinguishment of fires; (B) is responsible for the maintenance and use of firefighting apparatus and equipment, fire prevention and investigation, communications and dispatch; or (C) provides emergency medical care. (4) The term ``emergency medical services personnel'' means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (5) The term ``law enforcement officer'' has the same meaning given such term in section 1204(5) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5)). (6) The term ``law enforcement agency'' means a State or local public agency that is charged by law with the duty to prevent or investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes. (7) The term ``supervisory employee'' means an individual employed by a public safety employer who-- (A) has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove public safety, officers, to adjust their grievances or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (B) devotes a majority of time at work exercising such authority. (8) The term ``management employee'' means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (9) The terms ``employer'' and ``public safety employer'' mean any State, political subdivision of a State, the District of Columbia, or any territory or possession of the United States that employs public safety officers. SEC. 4. RIGHTS AND RESPONSIBILITIES; DETERMINATION. (a) Rights and Responsibilities.--In making a determination described in subsection (b), the Authority shall consider whether State law provides rights and responsibilities that include-- (1) granting public safety officers the right to form and join a labor organization that does not include management and supervisory employees and that is, or seeks to be, recognized as the exclusive bargaining agent of such employees; (2) requiring public safety employers to recognize the employees' labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding; (3) allowing bargaining over hours, wages, terms, and conditions of employment; (4) prohibiting bargaining over issues which are traditional and customary management functions; (5) protecting all existing collective bargaining agreements, memoranda of understanding, certifications, recognitions, and elections; (6) requiring fact finding in the event of an interest impasse; (7) allowing the parties voluntarily to agree to submit disagreements to arbitration; (8) requiring enforcement through State courts of all rights, responsibilities, and protections provided in this section and of any written contract or memorandum of understanding; and (9) prohibiting strikes and lockouts. (b) Determination.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Authority shall issue a determination as to whether a State substantially provides for the rights and responsibilities described in subsection (a). (2) Subsequent determinations.--A determination issued pursuant to paragraph (1) shall remain in effect until an employer or labor organization submits a written request to the Authority to issue a subsequent such determination. The Director shall issue the determination not later than 30 days after receipt of such a request. (c) Failure To Meet Requirements.--A State that does not substantially provide for the rights and responsibilities described in subsection (a) shall be subject to the regulations and procedures described in section 5 until a subsequent determination is made. SEC. 5. ROLE OF AUTHORITY. (a) In General.--Not later than one year after the date of the enactment of this Act, the Authority shall issue regulations in accordance with the rights and responsibilities described in section 4(a) establishing collective bargaining procedures for public safety employers and officers in States that do not substantially provide for the rights and responsibilities described in section 4(a). (b) Role of the Federal Labor Relations Authority.--The Authority shall, to the extent provided in this Act and in accordance with regulations prescribed by the Authority-- (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; (5) resolve exceptions to arbitrator's awards; and (6) take such other actions as are necessary and appropriate to effectively administer the provisions of this Act. (c) Enforcement.--A public safety employer, officer, and labor organization each shall have the right to seek enforcement of this section through appropriate State courts. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. A public safety employer, officer, or labor organization may not engage in lockouts or strikes. SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. A certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents (management officials) in effect on the day before the date of enactment of this Act shall not be invalidated by the enactment of this Act. SEC. 8. CONSTRUCTION AND COMPLIANCE. (a) Construction.--Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any law of any State or political subdivision of any State or jurisdiction that provides greater or equal collective bargaining rights for public safety employees. (b) Compliance.--No State shall preempt laws or ordinances of any of its political subdivisions which provide greater or equal collective bargaining rights for public safety employees in order to comply with this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. | Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. (Sec. 5) Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. (Sec. 6) Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. (Sec. 7) Provides that existing collective bargaining units and agreements shall not be invalidated by this Act. (Sec. 9) Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Demilitarization for Development Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The world's governments spend $868,000,000,000 each year to support military forces of more than 27,000,000 soldiers. (2) This expenditure for achieving security has itself become a serious threat to security, absorbing 12 percent of all government expenditures at a time when citizens in both developed and developing countries face sharp cuts in programs--such as health, education, research, and job training--that provide the human building blocks for our common future. (3) The United States and other developed nations bear significant responsibility for excessive military expenditures, accounting for 75 percent of world military spending and for 90 percent of arms transfers to developing nations, with the United States being the world's leader in both categories. (4) The United States and other developed nations jointly have a controlling vote in the International Monetary Fund, the International Bank for Reconstruction and Development, and other international financial institutions that have subsidized excessive military spending in numerous countries by exempting the military portions of a country's budget from audit and assessment. (5) Developing nations also bear significant responsibility for excessive military expenditures, spending $221,000,000,000 each year, or 4 times all receipts of foreign aid from all sources. (6) In the developing world, where more than 900,000,000 people cannot read or write, military spending exceeds spending on education. (7) In the developing world, where 1,000,000,000 people never see a health professional and where more than 2,000,000 children die each year of preventable infectious diseases, military spending is more than twice as high as spending on health. (8) The lack of transparency, to both a country's citizens and to international financial institutions, of the military budget and of military ownership or other forms of involvement in the civilian economy provides refuge for corruption and undercuts the international financial institutions' efforts to promote ``good governance''. (9) Ownership of businesses and investment funds and other types of financial interests of armed forces in the civilian sector of the economy in countries as diverse as Chile, China, Ecuador, Guatemala, and Indonesia distorts prices and reduces competition, and also increases the political power of armed forces, thereby posing a threat to the transition to economic and political freedom in the developing world that is a primary goal of United States foreign policy. (10) Top-ranking United States and international officials, including the Secretary of the Treasury, the President of the World Bank, and the Managing Director of the International Monetary Fund, have publicly recognized the urgent need to reduce world military spending, and pledged to make policy changes in their institutions to promote reductions. (11) Congress and the President have also made the reduction of world military spending a goal of United States foreign policy, and provided for the use of the financial resources and technical capabilities of the international financial institutions to achieve that goal, by enacting-- (A) section 60 of the Bretton Woods Agreements Act, which requires the United States Executive Director at the International Monetary Fund to report on methods to promote reductions in military spending; (B) the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993, which, in its statement of managers, urges United States executive directors at all the international financial institutions to use the United States voice and vote to promote reductions in military spending; (C) section 570 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994, which requires the State Department to report on countries' efforts to reduce military spending, including regional force reduction talks; and (D) section 1502 of the International Financial Institutions Act, which requires United States executive directors at the international financial institutions to take into account, when deciding on loan proposals, the proposed recipient's commitment to providing accurate military spending data and ending military involvement in the civilian economy. (12) Despite these high-level statements and requirements in law, no significant progress has been made in establishing either a mechanism for regional talks on mutual military reductions or mechanisms within the international financial institutions for-- (A) verifying through accepted auditing procedures the accuracy of reported military budgets; (B) receiving and assessing the justification for various expenditures within military budgets as well as the overall trends and amounts of such expenditures; and (C) ending military ownership and financial interests in the civilian economy. (13) Dr. Oscar Arias, former President of Costa Rica and 1987 Nobel Peace Laureate, has joined with 67 citizens' groups around the world to propose a practical plan to achieve the goals of these high-level statements and requirements in law, The Year 2000 Campaign to Redirect World Military Spending to Human Development, which contains the following 6 proposals: (A) The Security Council and General Assembly of the United Nations call on all nations to commit to meeting with their neighbors to identify and implement confidence-building measures and mutual reductions in military threats that will reduce the likelihood of future conflicts. These nations will seek to achieve substantial reductions in military forces and expenditures by the year 2000. (B) Special envoys be appointed by the United Nations Secretary-General to organize these demilitarization talks in various regions of the world. (C) Every nation meet with its regional envoy to present plans for regional security at reduced force levels. These nations will also participate in negotiations guided by the envoy in order to identify military capacities and implement mutual force reductions. Such negotiations will reduce the threat that nations pose to each other due to the size, proximity, and technological sophistication of their armed forces. (D) With savings from reduced military spending, all nations, in cooperation with grassroots organizations, implement economic reforms related to demilitarization, such as the conversion of military to non-military production, landmine clearance, community reconstruction, and the reintegration of demobilized soldiers. (E) In support of the steps taken toward demilitarization by developing countries, industrialized nations condition their bilateral and multilateral aid to promote demilitarization. They will exchange debt forgiveness for military conversion efforts, provide special funding for programs to assist the demilitarization process, promote full transparency and reductions in military budgets, and bring about the end of military involvement in the civilian economy. (F) All arms-exporting nations agree to a Code of Conduct on arms transfers that would bar exports to nondemocratic governments, countries engaged in armed aggression in violation of international law, countries that do not fully participate in the United Nations Register of conventional arms, and governments permitting gross violations of internationally recognized human rights. (14) Citizens around the world are signing The Arias Peace Pledge and communicating to their governments their support for the proposals of The Year 2000 Campaign to Redirect World Military Spending to Human Development. (15) The United Nations General Assembly is expected to consider crucial components of this 6-point plan. SEC. 3. PURPOSE. The purpose of this Act is to enhance international security by using the resources and expertise of the international financial institutions and the United Nations to redirect world military spending to human development. SEC. 4. SPECIAL ENVOYS FOR MUTUAL DISARMAMENT. The President shall instruct the United States Ambassador to the United Nations to support in the Security Council, the General Assembly, and other United Nations bodies, resolutions and other efforts to-- (1) appoint special envoys for conflict prevention to organize and conduct, in cooperation with appropriate multilateral institutions, mutual disarmament talks in every region of the world in which all nations would participate, and to report to international financial institutions on the degree of cooperation of governments with these talks; (2) commit each member state to agree to meet with its regional special envoy within 3 months of appointment to deliver and discuss its proposal for regional (and, where appropriate, international) confidence-building measures, including mutual reductions in the size, proximity, and technological sophistication of its and other nations' armed forces, that would lead to significant cuts in threat levels and military spending; and (3) commit each member state to agree to continue meeting with the special envoy and such regional bodies and states as the special envoy shall suggest to complete negotiations on such confidence-building measures, with the goal of making significant cuts in military spending by the year 2000. SEC. 5. ALTERNATIVE SECURITY PLAN. Within 3 months after the date of the enactment of this Act, the President shall prepare and deliver to the Congress and to the Secretary General of the United Nations a report as described in section 4(2) that would detail the changes in other nations' forces and United States forces that would permit by the year 2000 a 50 percent reduction in United States military spending. SEC. 6. UNITED STATES POLICY AT INTERNATIONAL FINANCIAL INSTITUTIONS. (a) Higher Priority for Demilitarization.--Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1) is amended by adding at the end the following: ``SEC. 1503. PROMOTION OF, AND REPORTING ON, DEMILITARIZATION ACTIVITIES. ``The Secretary of the Treasury shall instruct the United States executive directors at the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to promote, and to report annually to the Congress on, the establishment of lending facilities, debt forgiveness programs, and increased funding in lending facilities for demilitarization activities, including auditing of military budgets and reduction of military involvement in the civilian economy, the conversion of military to nonmilitary production, landmine clearance, community reconstruction, and the reintegration of demobilized soldiers.''. (b) Conditionality of Loans.--Title XV of the International Financial Institutions Act (22 U.S.C. 262o-262o-1), as amended by subsection (a) of this section, is amended by adding at the end the following: ``SEC. 1504. TRANSPARENCY OF MILITARY EXPENDITURES. ``Beginning 3 years after the date of the enactment of this section, the Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2)) to use the voice and vote of the United States to oppose any proposal that the institution make a loan to the government of any country, other than to address basic human needs, unless the President of the United States determines that-- ``(1) the recipient government has in place a functioning system for, and, in the immediately preceding year, has conducted, an independent civilian audit of all receipts and expenditures in its military budget and other portions of its national budget that fund activities of the armed forces and security forces; ``(2) the recipient government has provided a summary of the audit to the institution; ``(3) the institution has taken independent steps to confirm that the audit is accurate; and ``(4) the recipient government has prepared and reported to the institution an accounting of all ownership and financial interest in revenue-generating enterprises by military institutions and individuals acting on their behalf.''. (c) Report.--The Secretary of the Treasury shall, drawing on other Executive Branch resources as appropriate, prepare an annual report to the Congress that-- (1) describes and evaluates steps being taken by the International Monetary Fund and the International Bank for Reconstruction and Development to comply with section 1504 of the International Financial Institutions Act, and of steps being taken by the Executive Branch to implement this legislation; and (2) identifies specific additional measures that need to be taken by the institutions to achieve full compliance, and an action plan to ensure these measures are adopted. SEC. 7. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) the United States should not provide economic assistance, military assistance, or approve arms transfers or related training, to any foreign government at any time during which the United States is opposing loans to that foreign government at international financial institutions pursuant to section 1504 of the International Financial Institutions Act; (2) the President should designate the United States Agency for International Development to be the lead agency for the determinations made pursuant to such section; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues such as those raised in this Act into the loan review process of such international financial institutions. | Demilitarization for Development Act - Directs the President to instruct the United Nations (UN) Ambassador to support UN efforts to: (1) appoint special conflict prevention envoys to conduct mutual disarmament talks in every region of the world in which all nations would participate; (2) commit each member state to meet with its regional special envoy to discuss its proposal for regional and international confidence-building measures (including reductions in armed forces); and (3) commit each member state to continue meeting with the special envoy and suggested regional bodies and states to complete negotiations on such measures, in order to make significant military spending cuts by the year 2000. Directs the President to detail to the Congress and the UN Secretary General the changes in military forces that would permit a 50 percent reduction in U.S. military spending by the year 2000. Amends the International Financial Institutions Act to require the Secretary of the Treasury to instruct the U.S. executive directors at certain international financial institutions to: (1) promote and report to the Congress on the establishment of lending facilities, debt forgiveness programs, and increased funding in lending facilities for demilitarization activities; and (2) use their voice and vote to oppose any loans to a foreign government other than for basic human needs unless the President has determined that the recipient government has in place and has used a functioning system for independent civilian audits of its military budget, and has accounted for all ownership and financial interest in revenue-generating enterprises by military institutions and individuals acting on their behalf. Expresses the sense of the Congress that: (1) the United States should provide neither economic nor military assistance, nor approve arms transfers or related training to any foreign government while it opposes loans to such government at international financial institutions pursuant to the International Financial Institutions Act; (2) the President should designate the U.S. Agency for International Development to be the lead agency for making such determinations; and (3) the President should report annually to the Congress on the progress made by international financial institutions in integrating military spending issues into their loan review process. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Carbon Capture and Storage Early Deployment Act''. SEC. 2. DEFINITIONS. (1) Secretary.--The term ``Secretary'' means the Secretary of Energy. (2) Distribution utility.--The term ``distribution utility'' means an electric utility that has a legal, regulatory, or contractual obligation to deliver electricity directly to retail consumers. (3) Electric utility.--The term ``electric utility'' has the meaning provided by section 3(22) of the Federal Power Act (16 U.S.C. 796(22)). (4) Fossil fuel-based electricity.--The term ``fossil fuel- based electricity'' means electricity that is produced from the combustion of fossil fuels. (5) Fossil fuel.--The term ``fossil fuel'' means coal, petroleum, natural gas or any derivative of coal, petroleum, or natural gas. (6) Corporation.--The term ``Corporation'' means the Carbon Storage Research Corporation established in accordance with this Act. (7) Qualified industry organization.--The term ``qualified industry organization'' means any association or group of owners or operators of distribution utilities delivering fossil fuel-based electricity who collectively represent at least 20 percent of the volume of fossil fuel-based electricity delivered by distribution utilities to consumers in the United States. SEC. 3. CARBON STORAGE RESEARCH CORPORATION. (a) Establishment.--Qualified industry organizations may conduct, at their own expense, a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Such referendum shall be conducted by an independent auditing firm agreed to by the qualified industry organizations. Voting rights in such referendum shall be based on the quantity of fossil fuel-based electricity delivered to consumers in the previous calendar year or other representative period. Upon approval of those persons representing two- thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers, the Corporation shall be established. All distribution utilities voting in the referendum shall certify to the independent auditing firm the quantity of fossil fuel-based electricity represented by their vote. (b) Termination.--The Corporation shall be authorized to collect assessments and conduct operations pursuant to this Act for a 10-year period from the date 6 months after the date of enactment of this Act. After such 10-year period, the Corporation is no longer authorized to collect assessments and shall be dissolved on the date 15 years after such date of enactment, unless the period is extended by an Act of Congress. (c) Governance.--The Corporation shall operate as a division or affiliate of the Electric Power Research Institute (EPRI) and be managed by a Board of not more than 12 members responsible for its operations, including compliance with this Act. The Institute, working in consultation with industry organizations representing investor-owned utilities, utilities owned by a Federal or State agency or municipality, and rural electric cooperatives, shall appoint the Board. The Board shall include at least one representative of each of the following: (1) Investor-owned utilities. (2) Utilities owned by a Federal or State agency or a municipality. (3) Rural electric cooperatives. (4) Fossil fuel producers. (d) Compensation.--Corporation Board members shall receive no compensation for their services, nor shall Corporation Board members be reimbursed for expenses relating to their service. (e) Terms.--Corporation Board members shall serve terms of 4 years and may serve not more than 2 full consecutive terms. Members filling unexpired terms may serve not more than a total of 8 consecutive years. Former members of the Corporation Board may be reappointed to the Corporation Board if they have not been members for a period of 2 years. Initial appointments to the Corporation Board shall be for terms of 1, 2, 3, and 4 years, staggered to provide for the selection of 3 members each year. (f) Status of Corporation.--The Corporation shall not be considered to be an agency, department, or instrumentality of the United States, and no officer or director or employee of the Corporation shall be considered to be an officer or employee of the United States Government, for purposes of title 5 or title 31 of the United States Code, or for any other purpose, and no funds of the Corporation shall be treated as public money for purposes of chapter 33 of title 31, United States Code, or for any other purpose. SEC. 4. FUNCTIONS AND ADMINISTRATION OF THE CORPORATION. (a) In General.--Except as provided in subsection (d), the Corporation shall use all funds derived from assessments under section 5 to issue grants and contracts to private, academic, and governmental entities with the purpose of accelerating the commercial demonstration or availability of carbon dioxide capture and storage technologies and methods, including technologies which capture and store, or capture and convert, carbon dioxide. Grants and awards shall be made on a competitive basis reflecting best overall value and prospect for achieving the purposes of this Act. Board Members shall not participate in making grants or awards to entities with whom they are affiliated. The Corporation may use such funds to purchase carbon dioxide through reverse auctions or other acquisition methods, when needed to conduct tests of carbon dioxide storage sites, in the case of established projects that are storing carbon dioxide emissions or for other purposes consistent with the purposes of this Act. The Corporation shall support large-scale demonstrations of carbon capture and Storage technologies capable of advancing the technologies to commercial readiness. Pilot-scale and similar small-scale projects are not eligible for support by the Corporation. Supported projects should encompass a range of different coal and other fossil fuel varieties, be geographically diverse, involve diverse storage media, and employ capture and storage, or capture and conversion, technologies potentially suitable either for new or for retrofit applications. The Board shall also establish policies regarding the ownership of intellectual property developed as a result of Corporation grants and other forms of technology support. Such policies shall encourage individual ingenuity and invention. (b) Relationship to Department of Energy and Academic Organizations.--The Board may approve grants or contracts to support programs or projects under the auspices of the Department of Energy or its affiliated national laboratories and other fossil energy research entities, including the Regional Carbon Sequestration Partnerships, where such support promises to accelerate the commercial development and demonstration of carbon capture and storage, or carbon capture and conversion, technologies. Grant and contract support also may be provided to projects or programs managed by academic organizations or consortia, where such support promises to accelerate the commercial development and demonstration of carbon capture and storage technologies. (c) Administration.--The members of the Board of Directors of the Corporation shall elect a Chairman and other officers as necessary, may establish committees and subcommittees of the Corporation, and shall adopt rules and bylaws for the conduct of business and the implementation of this Act. The Corporation Board shall consult with the Electric Power Research Institute Advisory Council and the Secretary and the Director of the Department's National Energy Technology Laboratory to obtain advice and recommendations on plans, programs, project selection criteria, and projects to be funded by the Corporation. The Board shall appoint an Executive Director and professional support staff who may be employees of the Electric Power Research Institute. (d) Administrative Expenses.--Up to 5 percent of the funds collected in any fiscal year under section 5 may be used for the administrative expenses of operating the Corporation (not including costs incurred in the determination and collection of the assessments pursuant to section 5). (e) Budget.--Before August 1 each year, the Corporation shall publish for public review and comment a budget plan for the next calendar year, including the probable costs of all programs, projects, and contracts and a recommended rate of assessment sufficient to cover such costs. The Secretary may recommend programs and activities the Secretary considers appropriate. (f) Records; Audits.--The Corporation shall keep minutes, books, and records that clearly reflect all of the acts and transactions of the Corporation and make public such information. The books of the Corporation shall be audited by a certified public accountant at least once each fiscal year and at such other times as the Corporation may designate. Copies of each audit shall be provided to the Congress, all members of the Corporation, all qualified industry organizations, and to other members of the industry upon request. If the audit determines that the Corporation's practices fail to meet generally accepted accounting principles the assessment collection authority of the Corporation under section 5 shall be suspended until a certified public accountant renders a subsequent opinion that the failure has been corrected. (g) Public Access.--(1) The Corporation Board's meetings shall be open to the public and shall occur after at least 30 days advance public notice. Meetings of the Board of Directors may be closed to the public where the agenda of such meetings includes only confidential matters pertaining to project selection, the award of grants or contracts, personnel matter, or the receipt of legal advice. (2) The minutes of all meetings of the Corporation shall be made available to and readily accessible by the public. (h) Annual Report.--Each year the Corporation shall prepare and make publicly available a report which includes an identification and description of all programs and projects undertaken by the Corporation during the previous year as well as those planned for the coming year. The report shall also detail the allocation or planned allocation of Corporation resources for each such program and project. SEC. 5. ASSESSMENTS. (a) Amount.--(1) In all calendar years following its establishment, the Corporation shall collect an assessment on distribution utilities for all fossil fuel-based electricity delivered directly to retail consumers. The assessments shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity, and initially shall be not less than the following amounts for coal, natural gas, and oil: Rate of assessment Fuel type: per kilowatt hour: Coal............................................... $0.00043 Natural Gas........................................ $0.00022 Oil................................................ $0.00032 (2) The Corporation is authorized to adjust the assessments on fossil fuel-based electricity to reflect changes in the expected quantities of such electricity from different fuel types, such that the assessments generate not less than $1.0 billion and not more than $1.1 billion annually. The Corporation is authorized to supplement assessments through additional financial commitments. (b) Investment of Funds.--Pending disbursement pursuant to a program, plan, or project, the Corporation may invest funds collected through assessments under this section, and any other funds received by the Corporation, only in obligations of the United States or any agency thereof, in general obligations of any State or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States. (c) Reversion of Unused Funds.--If the Corporation does not disburse, dedicate or assign 75 percent or more of the available proceeds of the assessed fees in any calendar year 7 or more years following its establishment, due to an absence of qualified projects or similar circumstances, it shall reimburse the remaining undedicated or unassigned balance of such fees, less administrative and other expenses authorized by this Act, to the distribution utilities upon which such fees were assessed, in proportion to their collected assessments. SEC. 6. COMPLIANCE WITH CORPORATION ASSESSMENTS. The Corporation may bring an action in the appropriate court of the United States to compel compliance with an assessment levied by the Corporation under this Act. A successful action for compliance under this section may also require payment by the defendant of the costs incurred by the Corporation in bringing such action. SEC. 7. MIDCOURSE REVIEW. Not later than 5 years following establishment of the Corporation, the Comptroller General of the United States shall prepare an analysis, and report to Congress, assessing the Corporation's activities, including project selection and methods of disbursement of assessed fees, impacts on the prospects for commercialization of carbon capture and storage technologies, and adequacy of funding. The report shall also make such recommendations as may be appropriate in each of these areas. The Corporation shall reimburse the Government Accountability Office for the costs associated with performing this midcourse review. SEC. 8. RECOVERY OF COSTS. (a) In General.--All costs that are incurred by a distribution utility to comply with the requirements of this Act shall be deemed necessary and reasonable costs and shall be fully and contemporaneously recoverable in all jurisdictions. A distribution utility whose transmission, delivery, or sales of electric energy are subject to any form of rate regulation shall not be denied the opportunity to recover the full amount of the costs associated with complying with this Act, notwithstanding any other law, regulation, rule, administrative order, or any agreement, including any settlement agreement, between the distribution utility and any regulatory authority, including any State regulatory authority, or any other party. (b) Ratepayer Rebates.--Regulatory authorities that approve cost recovery pursuant to section 8(a) may order rebates to ratepayers to the extent that distribution utilities are reimbursed undedicated or unassigned balances pursuant to section 5(c). SEC. 9. LOBBYING RESTRICTIONS. No funds collected by the Corporation shall be used in any manner for influencing legislation or elections, except that the Corporation may recommend to the Secretary and the Congress changes in this Act or other statutes that would further the purposes of this Act. SEC. 10. DAVIS-BACON COMPLIANCE. The Corporation shall ensure that entities receiving grants, contracts, or other financial support from the Corporation for the project activities authorized by this Act are in compliance with the Davis-Bacon Act (40 U.S.C. 276a--276a-5). | Carbon Capture and Storage Early Deployment Act - Authorizes qualified industry organizations to conduct a referendum among the owners or operators of distribution utilities delivering fossil fuel-based electricity for the creation of a Carbon Storage Research Corporation. Requires the Corporation to be established as a division or affiliate of the Electric Power Research Institute upon approval of those persons representing two-thirds of the total quantity of fossil fuel-based electricity delivered to retail consumers. Requires the Corporation, annually, to collect an assessment on such distribution utilities that shall reflect the relative carbon dioxide emission rates of different fossil fuel-based electricity. Sets initial rates of assessment for coal, natural gas, and oil. Authorizes the Corporation to adjust the assessments to reflect changes in the expected quantities of such electricity from different fuel types such that the assessments generate between $1.0 billion and $1.1 billion annually. Authorizes the Corporation to collect assessments and conduct operations for 10 years. Dissolves the Corporation after 15 years. Provides for the Corporation to use funds derived from assessments to: (1) issue grants and contracts to private, academic, and governmental entities to accelerate the commercial demonstration or availability of carbon dioxide capture and storage technologies and methods; and (2) purchase carbon dioxide through reverse auctions or other acquisition methods when needed to conduct tests of carbon dioxide store sites in the case of established projects that are storing carbon dioxide emissions. Requires: (1) the Corporation to support large-scale demonstrations of carbon capture and storage (CCS) technologies capable of advancing the technologies to commercial readiness; and (2) the Corporation's Board to establish policies regarding the ownership of intellectual property developed as a result of Corporation support that encourage individual ingenuity and invention. Authorizes Corporation grants or contracts for programs or projects of the Department of Energy (DOE) or its affiliated national laboratories and other fossil energy research entities and of academic organizations or consortia to accelerate the commercial development and demonstration of CCS or carbon capture and conversion technologies. Provides for recovery of a distribution facility's costs of complying with this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Jobs Opportunity and Business Stability Act of 2009''. SEC. 2. CREDIT FOR SMALL BUSINESSES THAT INCREASE EMPLOYMENT. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45R. CREDIT FOR SMALL BUSINESSES THAT INCREASE EMPLOYMENT. ``(a) General Rule.--In the case of an eligible small business employer, the increased small business employment credit determined under this section shall be-- ``(1) for any taxable year beginning in 2010, an amount equal to 15 percent of the excess of-- ``(A) the aggregate wages paid during 2010, over ``(B) 102 percent of the aggregate wages paid during 2009, and ``(2) for any taxable year beginning in 2011, an amount equal to 10 percent of the excess of-- ``(A) the aggregate wages paid during 2011, over ``(B) 102 percent of the aggregate wages paid during 2010. ``(b) Minimum Preceding Year Wages.--For purposes of subsection (a)-- ``(1) the amount taken into account under paragraph (1)(B) thereof shall not be less than 50 percent of the amount described in paragraph (1)(A) thereof, and ``(2) the amount taken into account under paragraph (2)(B) thereof shall not be less than 50 percent of the amount described in paragraph (2)(A) thereof. ``(c) Total Wages Must Increase.--The amount of credit determined under this section for any taxable year shall not exceed the amount which would be so determined for such year (without regard to subsection (b)) if-- ``(1) the aggregate amounts taken into account as wages were determined without any dollar limitation, and ``(2) `105 percent' were substituted for `102 percent' in the appropriate subparagraph of subsection (a). ``(d) Eligible Small Business Employer.--For purposes of this section, the term `eligible small business employer' means, with respect to any taxable year, any employer if-- ``(1) such employer employed an average of less than 20 employees on business days during the preceding taxable year, and ``(2) such employer (and any predecessor) met the gross receipts test of section 448(c) for the preceding taxable year. ``(e) Wages.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), the term `wages' has the meaning given to such term by section 3121(a) with respect to the tax imposed by section 3101(a). ``(2) Railway labor.--In the case of remuneration subject to the tax imposed by 3201(a), the term `wages' means so much of compensation (as defined in section 3231(e)) for the calendar year as does not exceed the contribution and benefit base determined under section 230 of the Social Security Act for such calendar year. ``(f) Certain Rules To Apply.--Rules similar to the following rules shall apply for purposes of this section: ``(1) Section 51(f) (relating to remuneration must be for trade or business employment). ``(2) Section 51(k) (relating to treatment of successor employers; treatment of employees performing services for other persons). ``(3) Subsections (a) and (b) of section 52 (relating to controlled groups). ``(g) Election To Have Credit Not Apply.-- ``(1) In general.--A taxpayer may elect to have this section not apply for any taxable year. ``(2) Time for making election.--An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions).''. (b) Denial of Double Benefit.--Subsection (a) of section 280C of such Code is amended by inserting ``45R(a),'' after ``45P(a),''. (c) Credit Made Part of General Business Credit.-- (1) In general.--Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (34), by striking the period at the end of paragraph (35) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(36) in the case of an eligible small business employer (as defined in section 45R(e)), the increased small business employment credit determined under section 45R(a).''. (2) Deduction for certain unused business credits.-- Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, and'', and by adding after paragraph (13) the following new paragraph: ``(14) the increased small business employment credit determined under section 45R(a).''. (d) Credit To Be Refundable.--Subsection (c) of section 38 of such Code (relating to limitation based on amount of tax) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph: ``(5) Special rules for increased small business employment credit.--In the case of the credit determined under section 45R-- ``(A) this section and section 39 shall be applied separately with respect to such credit, and ``(B) in applying paragraph (1) to such credit-- ``(i) the tentative minimum tax shall be treated as being zero, and ``(ii) the limitation under paragraph (1) (as modified by clause (i)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the credit determined under section 45R), and ``(iii) the amount of the credit determined under section 45R in excess of the limitation under paragraph (1) (as modified by clause (ii)) shall be treated as a credit under subpart C.''. (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45Q the following new item: ``Sec. 45R. Credit for small businesses that increase employment.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. (g) Public Information Campaign.--The Secretary of the Treasury (or the Secretary's delegate) shall undertake a public information campaign to make employers aware of the credit added by this Act. (h) Study To Provide Comparable Benefits to Nonprofit Organizations.--The Secretary of the Treasury (or the Secretary's delegate) shall conduct a study on ways to provide benefits to nonprofit organizations which are comparable to the credit added by the Act. The results of such study shall be submitted to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than 90 days after the date of the enactment of this Act. | Jobs Opportunity and Business Stability Act of 2009 - Amends the Internal Revenue Code to allow certain small business owners with fewer than 20 employees and annual gross receipts not exceeding $5,000,000 a refundable tax credit for increasing their payrolls in 2010 and 2011 by specified percentages. Directs the Secretary of the Treasury to study and report to Congress on ways to provide benefits to nonprofit organizations that are comparable to the tax credit provided by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Continued Free Association with Palau Act of 2012''. SEC. 2. APPROVAL OF AGREEMENT. Title I of Public Law 99-658 (48 U.S.C. 1931 et seq.) is amended by adding at the end the following: ``SEC. 105. COMPACT 15TH ANNIVERSARY SECTION 432 REVIEW AGREEMENT. ``(a) In General.--The Agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010 (in this section referred to as the `Agreement'), in connection with section 432 of the Compact of Free Association between the Government of the United States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law 99-658) (in this section referred to as the `Compact of Free Association'), are approved-- ``(1) except for the extension of Article X of the Agreement Regarding Federal Programs and Services, and Concluded Pursuant to Article II of Title Two and section 232 of the Compact of Free Association; and ``(2) subject to the provisions of this section. ``(b) Funding Provisions.-- ``(1) Infrastructure maintenance.--The amounts to be provided by the United States and Palau in fiscal year 2011 under section 2(a) of the Agreement shall be provided in fiscal year 2013, in addition to the amounts otherwise to be provided under that section in that fiscal year. ``(2) Fiscal consolidation fund.--The amounts to be provided by the United States under section 3 of the Agreement in fiscal years 2011 and 2012 shall be provided in fiscal years 2012 and 2013, respectively, and the amount so provided by the United States under that section in fiscal year 2012 shall be reduced by $411,000. ``(3) Infrastructure projects.--The amounts to be provided by the United States under section 5 of the Agreement in fiscal years 2011 through 2016 shall be provided in fiscal years 2012 through 2017, respectively. ``(c) Approval of Amendments to Compact Subsidiary Agreements.-- Congress consents to the amendments to the Compact subsidiary agreements referred to in sections 7 and 8 of the Agreement . ``(d) Application of Related Law.--Section 105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix) shall be applied by substituting `2024' for `2009'. ``(e) Authorization of Appropriations.-- ``(1) Postal services.--There are authorized to be appropriated to the Department of the Interior $1,500,000 for each of fiscal years 2012 through 2024 for postal services related to Palau, the Federated States of Micronesia, and the Marshall Islands, to remain available until expended. The Department of the Interior may transfer funds made available pursuant to this paragraph to the United States Postal Service so long as domestic postage may be used for mail to Palau, the Federated States of Micronesia, and the Marshall Islands. ``(2) Continuation of other appropriations.--Appropriations to the Federal entities referred to in paragraphs (1), (3), and (4) of section 221(a) of the Compact of Free Association, and the successors to such Federal entities, to which appropriations have been made available in fiscal year 2011, may be made through fiscal year 2024 to carry out the purposes of those paragraphs, and shall remain available until expended. ``(3) Full faith and credit.--Section 236 of the Compact applies to the commitments of the United States under sections 1, 2(a), 3, 4(a), and 5 of the Compact Review Agreement, and to the amounts necessary to conduct the audits required by Appendix D to the Compact Review Agreement, to the same extent as such section 236 applies to the Compact. Section 215 of the Compact shall be applied to such commitments and amounts by substituting `2011' for `1981'. ``(f) Oversight and Report to Appropriate Congressional Committees.-- ``(1) Finding.--The Congress finds that the Government of Palau is eligible for certain United States domestic programs. ``(2) Annual report.-- ``(A) Report.--The Secretary of the Interior, because of the Secretary's jurisdiction with respect to the administration of financial assistance under the Compact, shall, not later than March 1 of each year, submit to the Committee on Energy and Natural Resources of the Senate and to the Committee on Foreign Affairs and the Committee on Natural Resources of the House of Representatives, a report on the use and effectiveness of financial, technical, and other assistance provided to Palau under any United States domestic program described in paragraph (1). ``(B) Consultation.--In preparing each report required by subparagraph (A) with respect to a domestic program, the Secretary of the Interior shall consult with the Federal agency or agencies with jurisdiction over that domestic program.''. SEC. 3. OFFSETS. (a) Repeal of Prior Authorization for Civil Administration of Trust Territory of the Pacific Islands.--Section 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423) is repealed. (b) Global Health Programs.--Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the end the following: ``SEC. 136. LIMITATION ON USE OF FUNDS. ``(a) Limitation.--None of the funds made available to carry out this chapter or chapter 10 for global health activities for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to the People's Republic of China for such activities. ``(b) Amount of Reduction.--The total amount that may be obligated for global health activities for a fiscal year in subsection (a) is $2,000,000 less than the total amount made available for such activities for such fiscal year. ``(c) Applicability.--This section applies notwithstanding any other provision of law enacted after the enactment of this section.''. (c) Climate Change Funds.--Chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to the economic support fund) (22 U.S.C. 2346 et seq.) is amended by adding at the end the following: ``SEC. 535. LIMITATION ON USE OF FUNDS. ``(a) Limitation.--None of the funds made available to carry out this chapter for climate change activities for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to the People's Republic of China for such activities. ``(b) Amount of Reduction.--The total amount that may be obligated for climate change activities for a fiscal year in subsection (a) is $4,500,000 less than the total amount made available for such activities for such fiscal year. ``(c) Applicability.--This section applies notwithstanding any other provision of law enacted after the enactment of this section.''. (d) Prohibition on Funding for Development Innovation Ventures (DIV) Program.--Section 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 2427) is amended by adding at the end the following: ``(c)(1) None of the funds made available for fiscal years 2012 and 2013 to the United States Agency for International Development may be used for the Development Innovation Ventures (DIV) program or any successor program. ``(2) The total amount that may be obligated by the United States Agency for International Development for a fiscal year in subsection (a) is $28,200,000 less than the total amount made available for such Agency for such fiscal year. ``(3) This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection.''. (e) IMET.--Section 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a) is amended-- (1) by striking ``There are authorized'' and inserting the following: ``(a) In General.--There are authorized''; and (2) by adding at the end the following: ``(b) Limitation on Use of Funds.-- ``(1) Limitation.--None of the funds made available to carry out this chapter for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 may be used to provide assistance to Argentina. ``(2) Amount of reduction.--The total amount that may be obligated under this chapter for a fiscal year in subsection (a) is $4,500,000 less than the total amount made available for such activities for such fiscal year. ``(3) Applicability.--This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection.''. (f) UNESCO.--Chapter 3 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 301 et seq.) is amended by adding at the end the following: ``SEC. 308. LIMITATION ON USE OF FUNDS. ``(a) Limitation.--None of the funds made available for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 for United States assessed contributions to the United Nations may be used for such contributions to the United Nations Educational, Scientific and Cultural Organization. ``(b) Amount of Reduction.--The total amount that may be obligated for a fiscal year in subsection (a) for United States assessed contributions to the United Nations is $4,500,000 less than the total amount made available for such contributions for such fiscal year. ``(c) Applicability.--This section applies notwithstanding any other provision of law enacted after the enactment of this section.''. (g) United States Institute of Peace.--Section 1710 of the United States Institute of Peace (22 U.S.C. 4609) is amended by adding at the end the following: ``(e) Limitation on Obligation of Funds.-- ``(1) Limitation.--The total amount that may be obligated to carry out this title for fiscal year 2012 and each fiscal year thereafter through fiscal year 2024 is $6,811,000 less than the total amount made available for such purpose for such fiscal year. ``(2) Applicability.--This subsection applies notwithstanding any other provision of law enacted after the enactment of this subsection.''. | Continued Free Association with Palau Act of 2012 - Approves, with specified exceptions, the agreement and appendices signed by the United States and the Republic of Palau on September 3, 2010, in connection with the Compact of Free Association between the United States and Palau. Extends funding for: (1) infrastructure maintenance and projects, (2) the Fiscal Consolidation Fund (at a reduced level for FY2012), and (3) specified federal entities. Assents to specified amendments to the Compact subsidiary agreements. Authorizes appropriations to the Department of the Interior for postal services related to Palau, the Federated States of Micronesia, and the Marshall Islands. States that Congress finds that Palau is eligible for certain U.S. domestic programs. Prohibits specified funds from being used for: (1) assistance to China or Argentina, (2) the development innovation ventures program, and (3) contributions to the United Nations Educational, Scientific and Cultural Organization (UNESCO). |
SECTION 1. FINDINGS. Congress makes the following findings: (1) The military health care system of the Department of Defense and the Veterans Health Administration of the Department of Veterans Affairs are national institutions that collectively manage more than 1,500 hospitals, clinics, and health care facilities worldwide to provide services to more than 11,000,000 beneficiaries. (2) In the post-Cold War era, these institutions are in a profound transition that involves challenging opportunities. (3) During the period from 1988 to 1998, the number of military medical personnel has declined by 15 percent and the number of military hospitals has been reduced by one-third. (4) During the two years since 1996, the Department of Veterans Affairs has revitalized its structure by decentralizing authority into 22 Veterans Integrated Service Networks. (5) In the face of increasing costs of medical care, increased demands for health care services, and increasing budgetary constraints, the Department of Defense and the Department of Veterans Affairs have embarked on a variety of dynamic and innovative cooperative programs ranging from shared services to joint venture operations of medical facilities. (6) In 1984, there was a combined total of 102 Department of Veterans Affairs and Department of Defense facilities with sharing agreements. By 1997, that number had grown to 420. During the six years from fiscal year 1992 through fiscal year 1997, shared services increased from slightly over 3,000 services to more than 6,000 services ranging from major medical and surgical services, laundry, blood, and laboratory services to unusual speciality care services. (7) The Department of Defense and the Department of Veterans Affairs are conducting four health care joint ventures in New Mexico, Nevada, Texas, Oklahoma, and are planning to conduct four more such ventures in Alaska, Florida, Hawaii, and California. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the Department of Defense and the Department of Veterans Affairs are to be commended for the cooperation between the two departments in the delivery of medical care, of which the cooperation involved in the establishment and operation of the Department of Defense and the Department of Veterans Affairs Executive Council is a praiseworthy example; (2) the two departments are encouraged to continue to explore new opportunities to enhance the availability and delivery of medical care to beneficiaries by further enhancing the cooperative efforts of the departments; and (3) enhanced cooperation is encouraged for-- (A) the general areas of access to quality medical care, identification and elimination of impediments to enhanced cooperation, and joint research and program development; and (B) the specific areas in which there is significant potential to achieve progress in cooperation in a short term, including computerization of patient records systems, participation of the Department of Veterans Affairs in the TRICARE program, pharmaceutical programs, and joint physical examinations. SEC. 3. JOINT SURVEY ON POPULATIONS SERVED. (a) Survey Required.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a survey of their respective medical care beneficiary populations to identify, by category of beneficiary (defined as the Secretaries consider appropriate), the expectations of, requirements for, and behavior patterns of the beneficiaries with respect to medical care. The two Secretaries shall develop the protocol for the survey jointly, but shall obtain the services of an entity independent of the Department of Defense and the Department of Veterans Affairs for carrying out the survey. (b) Matters To Be Surveyed.--The survey shall include the following: (1) Demographic characteristics, economic characteristics, and geographic location of beneficiary populations with regard to catchment or service areas. (2) The types and frequency of care required by veterans, retirees, and dependents within catchment or service areas of Department of Defense and Veterans Affairs medical facilities and outside those areas. (3) The numbers of, characteristics of, and types of medical care needed by the veterans, retirees, and dependents who, though eligible for medical care in Department of Defense or Department of Veterans Affairs treatment facilities or other federally funded medical programs, choose not to seek medical care from those facilities or under those programs, and the reasons for that choice. (4) The obstacles or disincentives for seeking medical care from such facilities or under such programs that veterans, retirees, and dependents perceive. (5) Any other matters that the Secretary of Defense and the Secretary of Veterans Affairs consider appropriate for the survey. (c) Report.--The Secretary of Defense and the Secretary of Veterans Affairs shall submit a report on the results of the survey to the appropriate committees of Congress. The report shall contain the matters described in subsection (b) and any proposals for legislation that the Secretaries recommend for enhancing Department of Defense and Department of Veterans Affairs cooperative efforts with respect to the delivery of medical care. SEC. 4. REVIEW OF IMPEDIMENTS TO COOPERATION. (a) Review Required.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a review to identify impediments to cooperation between the Department of Defense and the Department of Veterans Affairs regarding the delivery of medical care. The matters reviewed shall include the following: (1) All laws, policies, and regulations, and any attitudes of beneficiaries of the health care systems of the two departments, that have the effect of preventing the establishment, or limiting the effectiveness, of cooperative health care programs of the departments. (2) The requirements and practices involved in the credentialling and licensure of health care providers. (3) The perceptions of beneficiaries in a variety of categories (defined as the Secretaries consider appropriate) regarding the various Federal health care systems available for their use. (b) Report.--The Secretaries shall jointly submit a report on the results of the review to the appropriate committees of Congress. The report shall include any proposals for legislation that the Secretaries recommend for eliminating or reducing impediments to interdepartmental cooperation that are identified during the review. SEC. 5. PARTICIPATION OF DEPARTMENT OF VETERANS AFFAIRS IN TRICARE. (a) Review Required.--The Secretary of Defense shall review the TRICARE program to identify opportunities for increased participation by the Department of Veterans Affairs in that program. The ongoing collaboration between Department of Defense officials and Department of Veterans Affairs officials regarding increasing the participation shall be included among the matters reviewed. (b) Semiannual Report.--The Secretary of Defense and the Secretary of Veterans Affairs shall jointly submit to the appropriate committees of Congress a semiannual report on the status of the review and on efforts to increase the participation of the Department of Veterans Affairs in the TRICARE program. No report is required under this subsection after the submission of a semiannual report in which the Secretaries declare that the Department of Veterans Affairs is participating in the TRICARE program to the extent that can reasonably be expected to be attained. SEC. 6. PHARMACEUTICAL BENEFITS AND PROGRAMS. (a) Examination Required.--(1) The Federal Pharmaceutical Steering Committee shall-- (A) undertake a comprehensive examination of existing pharmaceutical benefits and programs for beneficiaries of Federal medical care programs, including matters relating to the purchasing, distribution, and dispensing of pharmaceuticals and the management of mail order pharmaceuticals programs; and (B) review the existing methods for contracting for and distributing medical supplies and services. (2) The committee shall submit a report on the results of the examination to the appropriate committees of Congress. (b) Report.--The committee shall submit a report on the results of the examination to the appropriate committees of Congress. SEC. 7. STANDARDIZATION OF PHYSICAL EXAMINATIONS FOR DISABILITIES. The Secretary of Defense and the Secretary of Veterans Affairs shall submit to the appropriate committees of Congress a report on the status of the efforts of the Department of Defense and the Department of Veterans Affairs to standardize physical examinations administered by the two departments for the purpose of determining or rating disabilities. SEC. 8. APPROPRIATE COMMITTEES OF CONGRESS DEFINED. For the purposes of this Act, the appropriate committees of Congress are as follows: (1) The Committee on Armed Services and the Committee on Veterans' Affairs of the Senate. (2) The Committee on National Security and the Committee on Veterans' Affairs of the House of Representatives. SEC. 9. DEADLINES FOR SUBMISSION OF REPORTS. (a) Report on Joint Survey of Populations Served.--The report required by section 3(c) shall be submitted not later than January 1, 2000. (b) Report on Review of Impediments to Cooperation.--The report required by section 4(b) shall be submitted not later than May 1, 1999. (c) Semiannual Report on Participation of Department of Veterans Affairs in TRICARE.--The semiannual report required by section 5(b) shall be submitted not later than January 1 and June 1 of each year. (d) Report on Examination of Pharmaceutical Benefits and Programs.--The report on the examination required under section 6 shall be submitted not later than 60 days after the completion of the examination. (e) Report on Standardization of Physical Examinations for Disabilities.--The report required by section 7 shall be submitted not later than June 1, 1999. | Expresses the sense of the Congress that: (1) the Department of Defense (DOD) and the Department of Veterans Affairs (VA) should be commended for their cooperative efforts in the delivery of medical care; (2) DOD and VA should continue to explore new opportunities to enhance the availability and delivery of medical care to beneficiaries by further enhancing such cooperative efforts; and (3) such enhanced cooperation is encouraged for the general areas of access to quality medical care, identification and elimination of impediments to cooperation, and joint research and program development and for the specific areas in which there is significant potential to achieve progress in cooperation in a short term, including computerization of patient records systems, VA participation in TRICARE, pharmaceutical programs, and joint physical examinations. Directs the DOD and VA Secretaries to jointly conduct: (1) a survey of their respective medical care beneficiary populations to identify the expectations of, requirements for, and behavior patterns of such beneficiaries with respect to medical care; and (2) a review of impediments to cooperation in the delivery of medical care. Requires reports to the congressional defense and veterans' affairs committees (the committees). Requires the Secretary of Defense to review and report semiannually to the committees on opportunities for increased VA participation in TRICARE. Directs the Federal Pharmaceutical Steering Committee to: (1) undertake a comprehensive examination of existing pharmaceutical benefits and programs for beneficiaries of Federal medical care programs; (2) review the existing methods for contracting for and distributing medical supplies and services; and (3) report examination results to the committees. Directs the Secretaries to submit to the committees a report on the status of DOD and VA efforts to standardize physical examinations administered to determine or rate disabilities. Provides deadlines for required reports. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Emission Allowance Market Transparency Act of 2007''. SEC. 2. EMISSION ALLOWANCE MARKET TRANSPARENCY. (a) Purpose.--The purpose of this section is to facilitate price transparency in markets for the sale of emission allowances (including markets for real-time, forward, futures, and options) to the maximum extent practicable, taking into consideration-- (1) the public interest; (2) the integrity of those markets; (3) fair competition; and (4) protection of consumers. (b) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Emission allowance.--The term ``emission allowance'' means any allowance, credit, or other permit issued pursuant to any Federal law (including regulations) to any individual or entity for use in offsetting the emissions of any pollutant (including any greenhouse gas) by the individual or entity. (c) Duties of Administrator.-- (1) Regulations.--The Administrator shall promulgate such regulations as the Administrator determines to be necessary to achieve the purpose of this section, including regulations that provide for the dissemination, on a timely basis, of information regarding the availability and prices of emission allowances with respect to-- (A) the Administrator; (B) State regulatory authorities; (C) buyers and sellers of the emission allowances; and (D) the public. (2) Obtaining information.-- (A) In general.--Subject to subparagraph (B), the Administrator may-- (i) obtain the information described in paragraph (1) directly from any emission allowance market participant; or (ii) enter into an agreement under which another entity obtains and makes public that information. (B) Limitation.--Any activity carried out by the Administrator or another entity to obtain information pursuant to subparagraph (A) shall be subject to applicable rules designed to prevent the disclosure of information the disclosure of which would be detrimental to the operation of an effective emission allowance market, as determined by the Administrator. (3) Use of existing price publishers and service providers.--In carrying out this subsection, the Administrator shall-- (A) take into consideration the degree of relevant price transparency provided by price publishers and providers of trade processing services in operation on the date of enactment of this Act; and (B) use information and services provided by those publishers and providers to the maximum extent practicable. (d) Actions by Individuals and Entities.-- (1) Prohibitions.--It shall be unlawful for any individual or entity-- (A) to knowingly provide to the Administrator (or another entity acting pursuant to an agreement described in subsection (c)(2)(A)(ii)) any false information relating to the price or quantity of emission allowances sold, purchased, transferred, banked, or borrowed by the individual or entity, with the intent to fraudulently affect the data being compiled by the Administrator or other entity; (B) directly or indirectly, to use in connection with the purchase or sale of an emission allowance any manipulative or deceptive device or contrivance (within the meaning of section 10(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78j(b))), in contravention of such rules and regulations as the Administrator may prescribe to protect the public interest or consumers; or (C) to cheat or defraud, or attempt to cheat or defraud, another market participant, client, or customer. (2) Monitoring.--The Administrator shall monitor trading to prevent false reporting, manipulation, and fraud under this section. (3) Effect of subsection.--Nothing in this subsection creates any private right of action. (e) Excessive Speculation.-- (1) Finding.--Congress finds that excessive speculation relating to emission allowances-- (A) can cause sudden or unreasonable fluctuations or unwarranted changes in the price of emission allowances; and (B) imposes an unnecessary burden on-- (i) the development of a well-functioning emission allowance market; (ii) the planning decisions of businesses and industry; and (iii) consumers. (2) Prevention of burdens.-- (A) In general.--To prevent, decrease, or eliminate the burdens associated with excessive speculation relating to emission allowances, the Administrator, in accordance with subparagraph (B) and after providing notice and an opportunity for public comment, shall adopt position limitations or position accountability for speculators as the Administrator determines to be necessary on-- (i) the quantity of trading transactions allowed to be conducted, and the positions eligible to be held, by any individual or entity in any emission allowance market; and (ii) any emission allowance auction conducted pursuant to Federal law (including regulations). (B) Consultation.--In carrying out subparagraph (A), the Administrator shall consult with-- (i) the Commodity Futures Trading Commission; (ii) the Federal Trade Commission; and (iii) the Federal Energy Regulatory Commission. (C) Nonapplicability to bona fide hedging transactions or positions.-- (i) In general.--No regulation promulgated pursuant to this paragraph shall apply to a transaction or position described in subparagraph (A)(i) that is a bona fide hedging transaction or position, as determined by the Administrator. (ii) Regulations for definitions.--The Administrator shall promulgate such regulations as the Administrator determines to be necessary to define the term ``bona fide hedging transaction or position'' for purposes of clause (i), including regulations that permit individuals or entities to hedge any legitimate anticipated business need for any subsequent period during which an appropriate futures contract is open and available on an exchange or other emission allowance market or auction. (f) Penalties.--An individual or entity that, as determined by the Administrator, violates an applicable provision of this section or a regulation promulgated pursuant to this section shall be subject to a fine of $1,000,000, or imprisonment for not more than 10 years, or both, for each violation. (g) Jurisdiction of Commodity Futures Trading Commission.--Nothing in this section abrogates the jurisdiction of the Commodity Futures Trading Commission with respect to any contract, agreement, or transaction for future delivery of an emission allowance (including a carbon dioxide credit). | Emission Allowance Market Transparency Act of 2007 - Directs the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to facilitate price transparency in markets for the sale of emission allowances (any allowance, credit, or other permit issued for use in offsetting the emissions of any pollutant by an individual or entity), including regulations to provide for the timely dissemination of information regarding the availability and prices of emission allowances with respect to the Administrator, state regulatory authorities, buyers and sellers of emission allowances, and the public. Directs the Administrator to use information and services provided by publishers and providers of trade processing services to the maximum extent practicable. Prohibits: (1) knowingly providing to the Administrator false information relating to the price or quantity of emission allowances sold, purchased, transferred, banked, or borrowed with the intent to fraudulently affect the data; (2) using, in connection with the purchase or sale of an emission allowance, any manipulative or deceptive device or contrivance in contravention of regulations prescribed to protect the public interest or consumers; or (3) cheating or defrauding another market participant, client, or customer. Directs the Administrator to monitor trading to prevent false reporting, manipulation, and fraud. Requires the Administrator, to prevent excessive speculation, to adopt limitations on: (1) the quantity of trading transactions allowed and the positions that may be held in any emission allowance market; and (2) emission allowance auctions. Sets penalties for violations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Fab Lab Network Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) Scientific discoveries and technical innovations are critical to the economic and national security of the United States. (2) Maintaining the leadership of the United States in science, technology, engineering, and mathematics will require a diverse population with the skills, interest, and access to tools required to advance these fields. (3) Just as earlier digital revolutions in communications and computation provided individuals with the Internet and personal computers, a digital revolution in fabrication will allow anyone to make almost anything, anywhere. (4) These creations include communications devices, solar powered housing, consumer products, and new kinds of machines and tools for advanced manufacturing. (5) The Center for Bits and Atoms of the Massachusetts Institute of Technology (CBA) has contributed significantly to the advancement of these goals through its work in creating and advancing digital fabrication facilities, or ``fab labs'' in the United States and abroad. (6) MakerSpaces, TechShops, and other creative platforms also facilitate access to digital fabrication capabilities. (7) CBA's fab labs provide a model for a new kind of national laboratory that links local facilities for advanced manufacturing to expand access and empower communities. (8) A coordinated national public-private partnership will be the most effective way to accelerate the provision of this infrastructure for learning skills, developing inventions, creating businesses, and producing personalized products. SEC. 3. FEDERAL CHARTER FOR NATIONAL FAB LAB NETWORK. Title 36, United States Code, is amended by adding at the end the following new chapter: ``CHAPTER 3011--NATIONAL FAB LAB NETWORK ``Sec. 301101. Organization ``(a) Federal Charter.--The Fab Foundation is hereby granted a Federal charter as the National Fab Lab Network (in this chapter referred to as the `NFLN'). Except as otherwise provided, the NFLN shall have perpetual succession. ``(b) Definition of Fab Lab.--In this chapter, the term `fab lab' refers to a facility that is-- ``(1) equipped with a standard integrated suite of fabrication tools that can convert digital designs into functional physical things; ``(2) equipped with scanning tools to convert physical things into digital designs; and ``(3) made freely accessible to the general public, allowing for necessary fees. ``Sec. 301102. Purposes and goals ``The purposes and goals of the NFLN are-- ``(1) to create a national network of connected local fab labs to empower individuals and communities in the United States; ``(2) to foster the use of distributed digital fabrication tools to promote science, technology, engineering and math skills, increase invention and innovation, create businesses and jobs, and fulfill personal, professional, and community needs; ``(3) to serve as a resource to assist stakeholders with the effective operation of fab labs; ``(4) to provide a platform for education, research, and for catalyzing new methods in STEM education; ``(5) to create new ways of educating the workforce that will enable workers to compete in a 21st Century global marketplace; and ``(6) to seek to establish at least one fab lab per every 700,000 individuals in the United States in the first ten years of its operation, corresponding to availability in all 435 Congressional districts and to provide guidelines for their sustainable operation. ``Sec. 301103. Membership and organization ``Except as provided in this Act, eligibility for membership in the NFLN and the rights and privileges of members are as provided in the constitution and bylaws of the NFLN. ``Sec. 301104. Governing body ``Directors, officers, and other staff of the NFLN, and their powers and duties are as provided in the bylaws of the NFLN. ``Sec. 301105. Powers ``The NFLN may-- ``(1) coordinate the creation of a national network of local fab labs in the United States; ``(2) issue guidelines for the sustainable operation of fab labs; ``(3) serve as a resource for organizations and communities seeking to create fab labs by providing information, assessing suitability, advising on the lab lifecycle, and maintaining descriptions of prospective and operating sites; ``(4) accept funds from private individuals, corporations, government agencies, or other organizations; ``(5) distribute funds to other non-profit organizations to establish and operate fab labs as members of the NFLN; ``(6) facilitate communication between other non-profit organizations seeking to join the NFLN with operational entities that can source and install fab labs, provide training, assist with operations, account for spending, and assess impact; ``(7) communicate the benefits available through membership in the NFLN to communities and the public; ``(8) facilitate and participate in synergistic programs, including workforce training, job creation, research broader impacts, and the production of civic infrastructure; ``(9) amend a constitution and bylaws for the management of its property and the regulation of its affairs; ``(10) choose directors, officers, trustees, managers, employees, and agents as the activities of the NFLN require; ``(11) make contracts; ``(12) acquire, own, lease, encumber, and transfer property as necessary or convenient to carry out the purposes of the corporation; ``(13) borrow money, issue instruments of indebtedness, and secure its obligations by granting security interests in its property; ``(14) charge and collect membership dues and subscription fees; and ``(15) sue and be sued. ``Sec. 301106. Restrictions ``(a) Stock and Dividends.--The corporation may not issue securities of any kind or declare or pay a dividend. ``(b) Distribution of Income or Assets.--The income or assets of the corporation may not inure to the benefit of, or be distributed to, a director, officer, or member during the life of the charter granted by this Act. This paragraph does not prevent the payment of reasonable compensation to an officer or reimbursement for actual necessary expenses in amounts approved by the board of directors. ``(c) Loans.--The corporation may not make a loan to a director, officer, or employee. ``(d) Claim of Governmental Approval or Authority.--The corporation may not claim congressional approval or the authority of the United States Government for any of its activities. ``Sec. 301107. Records ``The NFLN shall keep-- ``(1) correct and complete records of account; ``(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and ``(3) at its principal office, a record of the names and addresses of its members entitled to vote. ``Sec. 301108. Duty to maintain tax exempt status ``The NFLN shall exist as a nonprofit entity under Section 501(c)(3) of the Internal Revenue Code of 1986. ``Sec. 301109. Inspections ``A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time. ``Sec. 301110. Liability for acts of officers and agents ``The NFLN is liable for the acts of its officers and agents acting within the scope of their authority. ``Sec. 301111. Annual report ``The NFLN shall submit an annual report to Congress, including specifically to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.''. | National Fab Lab Network Act of 2015 Grants a federal charter to the Fab Foundation for the National Fab Lab Network. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Directed Energy Coordination and Consolidation Act of 2000''. SEC. 2. COORDINATION AND FACILITATION OF DEVELOPMENT OF DIRECTED ENERGY TECHNOLOGIES, SYSTEMS, AND WEAPONS. (a) Findings.--Congress makes the following findings: (1) Directed energy systems are available to address many current challenges with respect to military weapons, including offensive weapons and defensive weapons. (2) Directed energy weapons offer the potential to maintain an asymmetrical technological edge over adversaries of the United States for the foreseeable future. (3) It is in the national interest that funding for directed energy science and technology programs be increased in order to support priority acquisition programs and to develop new technologies for future applications. (4) It is in the national interest that the level of funding for directed energy science and technology programs correspond to the level of funding for such large-scale demonstration programs in order to ensure the growth of directed energy science and technology programs and to ensure the successful development of other weapons systems utilizing directed energy systems. (5) The industrial base for several critical directed energy technologies is in fragile condition and lacks appropriate incentives to make the large-scale investments that are necessary to address current and anticipated Department of Defense requirements for such technologies. (6) It is in the national interest that the Department of Defense utilize and expand upon directed energy research currently being conducted by the Department of Energy, other Federal agencies, the private sector, and academia. (7) It is increasingly difficult for the Federal Government to recruit and retain personnel with skills critical to directed energy technology development. (8) The implementation of the recommendations contained in the High Energy Laser Master Plan of the Department of Defense will address these critical issues and is in the national interest. (9) Implementation of the management structure outlined in the Master Plan will facilitate the development of revolutionary capabilities in directed energy weapons by achieving a coordinated and focused investment strategy under a new management structure featuring a joint technology office with senior-level oversight provided by a technology council and a board of directors. (b) Coordination and Oversight Under High Energy Laser Master Plan.--(1) Subchapter II of Chapter 8 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 204. Joint Technology Office ``(a) Establishment.--(1) There is in the Department of Defense a Joint Technology Office (in this section referred to as the `Office'). ``(2) The Office shall be part of the National Directed Energy Center at Kirtland Air Force Base, New Mexico. ``(3) The Office shall be under the authority, direction, and control of the Deputy Under Secretary of Defense for Science and Technology. ``(b) Staff.--(1) The head of the Office shall be a civilian employee of the Department of Defense in the Senior Executive Service who is designated by the Secretary of Defense for that purpose. The head of the Office shall be known as the `Director of the Joint Technology Office'. ``(2) The Secretary of Defense shall provide the Office such civilian and military personnel and other resources as are necessary to permit the Office to carry out its duties under this section. ``(c) Duties.--The duties of the Office shall be to-- ``(1) develop and oversee the management of a Department of Defense-wide program of science and technology relating to directed energy technologies, systems, and weapons; ``(2) serve as a point of coordination for initiatives for science and technology relating to directed energy technologies, systems, and weapons from throughout the Department of Defense; ``(3) develop and manage a program (to be known as the `National Directed Energy Technology Alliance') to foster the exchange of information and cooperative activities on directed energy technologies, systems, and weapons between and among the Department of Defense, other Federal agencies, institutions of higher education, and the private sector; and ``(4) carry out such other activities relating to directed energy technologies, systems, and weapons as the Deputy Under Secretary of Defense for Science and Technology considers appropriate. ``(d) Coordination Within Department of Defense.--(1) The Director of the Office shall assign to appropriate personnel of the Office the performance of liaison functions with the other Defense Agencies and with the military departments. ``(2) The head of each military department and Defense Agency having an interest in the activities of the Office shall assign personnel of such department or Defense Agency to assist the Office in carrying out its duties. In providing such assistance, such personnel shall be known collectively as `Technology Area Working Groups'. ``(e) Technology Council.--(1) There is established in the Department of Defense a council to be known as the `Technology Council' (in this section referred to as the `Council'). ``(2) The Council shall be composed of 7 members as follows: ``(A) The Deputy Under Secretary of Defense for Science and Technology, who shall be chairperson of the Council. ``(B) The senior science and technology executive of the Department of the Army. ``(C) The senior science and technology executive of the Department of the Navy. ``(D) The senior science and technology executive of the Department of the Air Force. ``(E) The senior science and technology executive of the Defense Advanced Research Projects Agency. ``(F) The senior science and technology executive of the Ballistic Missile Defense Organization. ``(G) The senior science and technology executive of the Defense Threat Reduction Agency. ``(3) The duties of the Council shall be-- ``(A) to review and recommend priorities among programs, projects, and activities proposed and evaluated by the Office under this section; ``(B) to make recommendations to the Board regarding funding for such programs, projects, and activities; and ``(C) to otherwise review and oversee the activities of the Office under this section. ``(f) Technology Board of Directors.--(1) There is established in the Department of Defense a board to be known as the `Technology Board of Directors' (in this section referred to as the `Board'). ``(2) The Board shall be composed of 8 members as follows: ``(A) The Under Secretary of Defense for Acquisition and Technology, who shall serve as chairperson of the Board. ``(B) The Director of Defense Research and Engineering, who shall serve as vice-chairperson of the Board. ``(C) The senior acquisition executive of the Department of the Army. ``(D) The senior acquisition executive of the Department of the Navy. ``(E) The senior acquisition executive of the Department of the Air Force. ``(F) The Director of the Defense Advanced Research Projects Agency. ``(G) The Director of the Ballistic Missile Defense Organization. ``(H) The Director of the Defense Threat Reduction Agency. ``(3) The duties of the Board shall be-- ``(A) to review and make funding recommendations regarding the programs, projects, and activities proposed and evaluated by the Office under this section; and ``(B) to otherwise review and oversee the activities of the Office under this section.''. (2) The table of sections at the beginning of subchapter II of chapter 8 of such title is amended by adding at the end the following new section: ``204. Joint Technology Office.''. (3) The Secretary of Defense shall locate the Joint Technology Office under section 204 of title 10, United States Code (as added by this subsection), at the National Directed Energy Center at Kirtland Air Force Base, New Mexico, not later than January 1, 2001. (c) Technology Area Working Groups Under High Energy Laser Master Plan.--(1) The Secretary of Defense shall provide for the implementation of the portion of the High Energy Laser Master Plan relating to technology area working groups. (2) In carrying out activities under this subsection, the Secretary of Defense shall require the Secretary of the military department concerned to provide within such department, with such department acting as lead agent, technology area working groups as follows: (A) Within the Department of the Army-- (i) a technology area working group on solid state lasers; and (ii) a technology area working group on advanced technology. (B) Within the Department of the Navy, a technology area working group on free electron lasers. (C) Within the Department of the Air Force-- (i) a technology area working group on chemical lasers; (ii) a technology area working group on beam control; (iii) a technology area working group on lethality/ vulnerability; and (iv) a technology area working group on high power microwaves. (d) Enhancement of Industrial Base.--(1) The Secretary of Defense shall develop and undertake initiatives, including investment initiatives, for purposes of enhancing the industrial base for directed energy technologies and systems. (2) Initiatives under paragraph (1) shall be designed to-- (A) stimulate the development by institutions of higher education and the private sector of promising directed energy technologies and systems; and (B) stimulate the development of a workforce skilled in such technologies and systems. (3) Of the amounts authorized to be appropriated by subsection (h), $20,000,000 shall be available for the initiation of development of the Advanced Tactical Laser (L) under the direction of the Joint Non-Lethal Weapons Directorate. (e) Enhancement of Test and Evaluation Capabilities.--(1) The Secretary of Defense shall evaluate and implement proposals for modernizing the High Energy Laser Test Facility at White Sands Missile Range, New Mexico, in order to enhance the test and evaluation capabilities of the Department of Defense with respect to directed energy weapons. (2) Of the amounts authorized to be appropriated or otherwise made available to the Department of Defense for each of fiscal years 2001 and 2002, not more than $2,000,000 shall be made available in each such fiscal year for purposes of the deployment and test at the High Energy Laser Test Facility at White Sands Missile Range of free electron laser technologies under development at Los Alamos National Laboratory, New Mexico. (f) Cooperative Programs and Activities.--(1) The Secretary of Defense shall evaluate the feasibility and advisability of entering into cooperative programs or activities with other Federal agencies, institutions of higher education, and the private sector, including the national laboratories of the Department of Energy, for the purpose of enhancing the programs, projects, and activities of the Department of Defense relating to directed energy technologies, systems, and weapons. (2) The Secretary shall enter into any cooperative program or activity determined under the evaluation under paragraph (1) to be feasible and advisable for the purpose set forth in that paragraph. (3) Of the amounts authorized to be appropriated by subsection (h), $50,000,000 shall be available for cooperative programs and activities entered into under paragraph (2). (g) Participation of Joint Technology Council in Activities.--The Secretary of Defense shall, to the maximum extent practicable, carry out activities under subsections (c), (d), (e), and (f), through the Joint Technology Council established pursuant to section 204 of title 10, United States Code (as added by subsection (b) of this section). (h) Funding for Fiscal Year 2001.--(1)(A) There is hereby authorized to be appropriated for the Department of Defense for fiscal year 2001, $150,000,000 for science and technology activities relating to directed energy technologies, systems, and weapons. (B) Amounts authorized to be appropriated for fiscal year 2001 by subparagraph (A) are in addition to any other amounts authorized to be appropriated for such fiscal year for the activities referred to in that subparagraph. (2) The Director of the Joint Technology Office established pursuant to section 204 of title 10, United States Code, shall allocate amounts appropriated pursuant to the authorization of appropriations in paragraph (1) among appropriate program elements of the Department of Defense in accordance with such procedures as the Director shall establish. (3) In establishing procedures for purposes of the allocation of funds under paragraph (2), the Director shall provide for the competitive selection of programs, projects, and activities to be the recipients of such funds. (i) Directed Energy Defined.--In this section, the term ``directed energy'', with respect to technologies, systems, or weapons means technologies, systems, or weapons that provide for the directed transmission of energies across the energy and frequency spectrum, including high energy lasers and high power microwaves. | Requires the Office to: (1) develop and oversee the management of a DOD-wide program of science and technology relating to directed energy (such as high-energy laser) technologies, systems, and weapons; (2) coordinate initiatives for such science and technology; (3) develop and manage the National Directed Energy Technology Alliance, a program to foster the exchange of directed energy information between DOD, other Federal agencies, institutions of higher education, and the private sector; and (4) carry out related activities as considered appropriate by the Under Secretary. Establishes the Technology Council to review and recommend priorities among proposed directed energy programs, projects, and activities. Establishes the Technology Board of Directors, to whom the Council shall make recommendations regarding funding for directed energy programs, projects, and activities. Directs the Secretary of Defense to: (1) implement the portion of the High Energy Laser Master Plan relating to technology area working groups; and (2) require the Secretary of the military department concerned to provide technology area working groups for various laser research and technology development. Directs the Secretary to: (1) develop and undertake initiatives for enhancing the defense industrial base for directed energy technologies and systems; (2) evaluate and implement proposals for modernizing the High Energy Laser Test Facility at the White Sands Missile Range, New Mexico; (3) evaluate the feasibility and advisability of entering into cooperative programs or activities with other Federal agencies, institutions of higher education, and the private sector for enhancing programs, projects, and activities relating to directed energy technologies, systems, and weapons; and (4) carry out all such activities through the Council. Authorizes appropriations for FY 2001, to be allocated by the Office Director among appropriate activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Infrastructure Act of 2001''. SEC. 2. ALLOWANCE OF CREDIT FOR EMPLOYER EXPENSES FOR CHILD CARE ASSISTANCE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following: ``SEC. 45E. EMPLOYER-PROVIDED CHILD CARE CREDIT. ``(a) In General.--For purposes of section 38, the employer- provided child care credit determined under this section for the taxable year is an amount equal to the sum of-- ``(1) 25 percent of the qualified child care expenditures, and ``(2) 10 percent of the qualified child care resource and referral expenditures, of the taxpayer for such taxable year. ``(b) Dollar Limitation.--The credit allowable under subsection (a) for any taxable year shall not exceed $150,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified child care expenditure.-- ``(A) In general.--The term `qualified child care expenditure' means any amount paid or incurred-- ``(i) to acquire, construct, rehabilitate, or expand property-- ``(I) which is to be used as part of a qualified child care facility of the taxpayer, ``(II) with respect to which a deduction for depreciation (or amortization in lieu of depreciation) is allowable, and ``(III) which does not constitute part of the principal residence (within the meaning of section 121) of the taxpayer or any employee of the taxpayer, ``(ii) for the operating costs of a qualified child care facility of the taxpayer, including costs related to the training of employees, to scholarship programs, and to the providing of increased compensation to employees with higher levels of child care training, ``(iii) under a contract with a qualified child care facility to provide child care services to employees of the taxpayer, or ``(iv) to reimburse an employee for expenses for child care which enables the employee to be gainfully employed including expenses related to-- ``(I) day care and before and after school care, ``(II) transportation associated with such care, and ``(III) before and after school and holiday programs including educational and recreational programs and camp programs. ``(B) Fair market value.--The term `qualified child care expenditures' shall not include expenses in excess of the fair market value of such care. ``(2) Qualified child care facility.-- ``(A) In general.--The term `qualified child care facility' means a facility-- ``(i) the principal use of which is to provide child care assistance, and ``(ii) which meets the requirements of all applicable laws and regulations of the State or local government in which it is located, including the licensing of the facility as a child care facility. Clause (i) shall not apply to a facility which is the principal residence (within the meaning of section 121) of the operator of the facility. ``(B) Special rules with respect to a taxpayer.--A facility shall not be treated as a qualified child care facility with respect to a taxpayer unless-- ``(i) enrollment in the facility is open to employees of the taxpayer during the taxable year, ``(ii) if the facility is the principal trade or business of the taxpayer, at least 30 percent of the enrollees of such facility are dependents of employees of the taxpayer, and ``(iii) the use of such facility (or the eligibility to use such facility) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(3) Qualified child care resource and referral expenditure.-- ``(A) In general.--The term `qualified child care resource and referral expenditure' means any amount paid or incurred under a contract to provide child care resource and referral services to an employee of the taxpayer. ``(B) Nondiscrimination.--The services shall not be treated as qualified unless the provision of such services (or the eligibility to use such services) does not discriminate in favor of employees of the taxpayer who are highly compensated employees (within the meaning of section 414(q)). ``(d) Recapture of Acquisition and Construction Credit.-- ``(1) In general.--If, as of the close of any taxable year, there is a recapture event with respect to any qualified child care facility of the taxpayer, then the tax of the taxpayer under this chapter for such taxable year shall be increased by an amount equal to the product of-- ``(A) the applicable recapture percentage, and ``(B) the aggregate decrease in the credits allowed under section 38 for all prior taxable years which would have resulted if the qualified child care expenditures of the taxpayer described in subsection (c)(1)(A) with respect to such facility had been zero. ``(2) Applicable recapture percentage.-- ``(A) In general.--For purposes of this subsection, the applicable recapture percentage shall be determined from the following table: The applicable recapture ``If the recapture event occurs in: percentage is: Years 1-3............................ 100 Year 4............................... 85 Year 5............................... 70 Year 6............................... 55 Year 7............................... 40 Year 8............................... 25 Years 9 and 10....................... 10 Years 11 and thereafter.............. 0. ``(B) Years.--For purposes of subparagraph (A), year 1 shall begin on the first day of the taxable year in which the qualified child care facility is placed in service by the taxpayer. ``(3) Recapture event defined.--For purposes of this subsection, the term `recapture event' means-- ``(A) Cessation of operation.--The cessation of the operation of the facility as a qualified child care facility. ``(B) Change in ownership.-- ``(i) In general.--Except as provided in clause (ii), the disposition of a taxpayer's interest in a qualified child care facility with respect to which the credit described in subsection (a) was allowable. ``(ii) Agreement to assume recapture liability.--Clause (i) shall not apply if the person acquiring such interest in the facility agrees in writing to assume the recapture liability of the person disposing of such interest in effect immediately before such disposition. In the event of such an assumption, the person acquiring the interest in the facility shall be treated as the taxpayer for purposes of assessing any recapture liability (computed as if there had been no change in ownership). ``(4) Special rules.-- ``(A) Tax benefit rule.--The tax for the taxable year shall be increased under paragraph (1) only with respect to credits allowed by reason of this section which were used to reduce tax liability. In the case of credits not so used to reduce tax liability, the carryforwards and carrybacks under section 39 shall be appropriately adjusted. ``(B) No credits against tax.--Any increase in tax under this subsection shall not be treated as a tax imposed by this chapter for purposes of determining the amount of any credit under subpart A, B, or D of this part. ``(C) No recapture by reason of casualty loss.--The increase in tax under this subsection shall not apply to a cessation of operation of the facility as a qualified child care facility by reason of a casualty loss to the extent such loss is restored by reconstruction or replacement within a reasonable period established by the Secretary. ``(e) Special Rules.--For purposes of this section-- ``(1) Aggregation rules.--All persons which are treated as a single employer under subsections (a) and (b) of section 52 shall be treated as a single taxpayer. ``(2) Pass-thru in the case of estates and trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. ``(3) Allocation in the case of partnerships.--In the case of partnerships, the credit shall be allocated among partners under regulations prescribed by the Secretary. ``(f) No Double Benefit.-- ``(1) Reduction in basis.--For purposes of this subtitle-- ``(A) In general.--If a credit is determined under this section with respect to any property by reason of expenditures described in subsection (c)(1)(A), the basis of such property shall be reduced by the amount of the credit so determined. ``(B) Certain dispositions.--If, during any taxable year, there is a recapture amount determined with respect to any property the basis of which was reduced under subparagraph (A), the basis of such property (immediately before the event resulting in such recapture) shall be increased by an amount equal to such recapture amount. For purposes of the preceding sentence, the term `recapture amount' means any increase in tax (or adjustment in carrybacks or carryovers) determined under subsection (d). ``(2) Other deductions and credits.--No deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the credit determined under this section.''. (b) Conforming Amendments.-- (1) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking ``plus'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``, plus'', and by adding at the end the following: ``(14) the employer-provided child care credit determined under section 45E.''. (2) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following: ``Sec. 45E. Employer-provided child care credit.'' (3) Section 1016(a) of such Code is amended by striking ``and'' at the end of paragraph (26), by striking the period at the end of paragraph (27) and inserting ``, and'', and by adding at the end the following: ``(28) in the case of a facility with respect to which a credit was allowed under section 45E, to the extent provided in section 45E(f)(1).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Child Care Infrastructure Act of 2001 - Amends the Internal Revenue Code to allow an employer-provided child care credit for qualified expenses to: (1) build, rehabilitate, or expand a qualified child care facility; (2) operate a qualified child care facility; (3) contract with a qualified child care facility to provide child care services to employees; or (4) reimburse an employee for expenses for child care which enables the employee to be gainfully employed. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Obstetrician and Gynecologist Medical Access Now Act of 2009''. SEC. 2. WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. (a) Group Health Plans.-- (1) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 715. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) Direct Access Required.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating obstetrician and gynecologist or directly from a participating family practice physician and surgeon designated by the plan or issuer as providing obstetrical and gynecological services. A group health plan or health insurance issuer, in connection with the offering of group health insurance coverage, shall not require a participant or beneficiary to obtain prior approval from another physician, another provider, the plan or issuer, or any other person prior to obtaining direct access to obstetrical and gynecological physician services. ``(2) Construction.--Paragraph (1) shall not be construed as preventing a plan or issuer-- ``(A) from establishing reasonable requirements for the participating obstetrician and gynecologist or family practice physician and surgeon to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition, treatment, and any need for followup care; or ``(B) from establishing reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network, medical group, or independent practice association, so long as these provisions-- ``(i) are consistent with the intent of such paragraph; ``(ii) are those customarily applied to other physicians and surgeons, such as primary care physicians and surgeons, to whom the participant or beneficiary has direct access; and ``(iii) are not to be more restrictive for the provision of obstetrical and gynecological physician services. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 715''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 715. Standard relating to women's access to obstetrical and gynecological services''. (2) Public health service act amendments.--(A) Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2708. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 715(a) of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers offering group health insurance coverage, as if included in this subpart. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 715(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (3) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended-- (i) in the table of sections, by inserting after the item relating to section 9813 the following new item: ``Sec. 9814. Standard relating to women's access to obstetrical and gynecological services''; and (ii) by inserting after section 9813 the following: ``SEC. 9814. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``The provisions of section 715(a) of the Employee Retirement Income Security Act of 1974 shall apply to group health plans, and health insurance issuers offering group health insurance coverage, as if included in this subchapter.''. (B) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9814''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2753 the following new section: ``SEC. 2754. STANDARD RELATING TO WOMEN'S ACCESS TO OBSTETRICAL AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2708(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 715(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning more than 180 days after the date of the enactment of this Act. (2) Individual health insurance coverage.--The amendment made by subsection (b) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) the date that is 180 days after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. | Women's Obstetrician and Gynecologist Medical Access Now Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan to allow a participant or beneficiary the option to seek obstetrical and gynecological physician services directly from a participating provider without a referral. States that this Act does not prevent a plan or issuer from establishing: (1) reasonable requirements for a participating provider to communicate with the participant's or beneficiary's primary care physician and surgeon regarding the participant's or beneficiary's condition and treatment; or (2) reasonable provisions governing utilization protocols and the use of obstetricians and gynecologists, or family practice physicians and surgeons, participating in the plan or issuer network. Applies such requirements to coverage offered in the individual market. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Boosting America's Exports Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commercial service.--The term ``Commercial Service'' means the United States and Foreign Commercial Service of the Department of Commerce. (2) Director general.--The term ``Director General'' means the Assistant Secretary for Global Markets and Director General of the United States and Foreign Commercial Service. (3) Small- and medium-sized enterprises.--The term ``small- and medium-sized enterprises'' or ``SMEs'' means-- (A) subject to subparagraph (B), firms with less than 500 employees; and (B) in the case of a farm, a farm with fewer than 500 employees that generates less than $250,000 in income. (4) Under secretary.--The term ``Under Secretary'' means the Under Secretary of Commerce for International Trade. (5) USEAC.--The term ``United States Export Assistance Center'' or ``USEAC'' means a United States Export Assistance Center established by the Commercial Service to provide assistance to United States firms in exporting their goods and services. SEC. 3. ASSESSMENT OF U.S. EXPORT ASSISTANCE CENTERS. (a) In General.--The Under Secretary shall conduct an assessment of the location of and services provided by the United States Export Assistance Centers in relation to the location of SMEs that are exporters or potential exporters of products or services. The Under Secretary shall, not later than 1 year after the date of the enactment of this Act, complete the assessment and submit to Congress a report on the assessment. In the report, the Under Secretary shall identify those locations of USEACs that should be closed or moved based on low productivity, and those locations where a USEAC should be located based on need. (b) Implementation.--The Under Secretary shall implement the changes recommended in the report submitted to Congress under subsection (a) not later than 2 years after the date of the enactment of this Act. The Under Secretary may establish up to 30 new USEACs on the basis of the report. SEC. 4. ACTIVITIES OF COMMERCIAL SERVICE. (a) Increased Activities.--The Under Secretary shall take the necessary steps, through actions by the Commercial Service, to increase the exports, by volume and types of products and services, by small- and medium-sized enterprises. In order to achieve that goal, the Director General shall set goals and measure exports by SMEs in each calendar year, in particular exports by SMEs that had not exported previously, including measuring-- (1) the total volume of exports, by product and type of services, including as compared to the volume of such exports in the preceding calendar year; (2) the number of non-exporting SMEs contacted through recruitment efforts of the Commercial Service; (3) the number of new SMEs exporting in the calendar year; and (4) customer service, such as response times and customer satisfaction, to SMEs that contact USEACs, in particular non- exporting SMEs. (b) Personnel for USEACs.--The Under Secretary shall ensure that the following is carried out upon the implementation of the report submitted under section 3: (1) Functions of personnel.--Personnel at each USEAC shall identify and conduct outreach to potential exporters that are SMEs, attend relevant business conferences and trade shows to advertise the availability of the resources of the USEAC to SMEs, and perform other tasks designed to help non-exporting SMEs become exporters. (2) Additional personnel.--The Under Secretary shall, in the case of those USEACs that the report submitted to Congress under section 3 recommends remain open, increase the personnel at those USEACs (by an average of not more than 5 for each USEAC) to the extent necessary to enhance the ability of the USEACs, through outreach and provision of services to SMEs, to increase exports by SMEs, in particular non-exporting SMEs. (3) Trade specialists.--The Director General shall ensure that specialists in an increased number of areas are on the staff of USEACs in order to serve an increased number of SMEs. (4) Collaboration with other entities.--The Director General shall ensure that staff at each USEAC is assigned to conduct outreach to and collaborate with entities of the States and other non-Federal entities with respect to export promotion activities designed to increase exports by SMEs. (5) Administrative personnel.--The Director General shall ensure that USEACs have personnel dedicated to administrative duties as needed in order to enable other personnel to work more on client-oriented tasks. SEC. 5. ANNUAL REPORT TO CONGRESS. The Under Secretary shall submit to Congress an annual report on the implementation of this Act, including the actions of the Director General under section 4. | Boosting America's Exports Act This bill directs the International Trade Administration (ITA) of the Department of Commerce to assess the location of and services provided by U.S. Export Assistance Centers (USEACs) in relation to the location of small- and medium-sized enterprises (SMEs) that export U.S. products and services in order to identify: those USEACs that should be closed or moved based on low productivity, and those locations where a USEAC should be located based on need. The ITA shall take necessary steps, through actions by the U.S. and Foreign Commercial Service of the Department of Commerce, to increase exports by SMEs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Landslide Loss Reduction Act''. SEC. 2. FINDINGS. Congress finds the following: (1) While landslides can and do occur in every State and territory of the United States, the type, including sink holes, ground fissures, and subsidence, the severity, and frequency of landslides vary from place to place, depending on the terrain, geology, seismicity and climate. (2) Landslides in the United States cause an estimated $3,000,000,000 in damage each year, and that estimation could be improved through better tracking of landslide occurrences and losses. (3) The most recent official estimate of deaths from landslides in the United States was in 1985, and it found that landslides kill an estimated 25 to 50 people each year. (4) On March 22, 2014, a massive landslide near Oso, Washington, killed 43 people, engulfed 42 homes, and severely damaged public infrastructure and private property. (5) There is no collective landslide inventory for most counties, States, or the United States, nor is there an agreed- upon methodology for creating one, since the availability of Light Detection and Ranging (LIDAR), a powerful tool for creating landslide inventories, is uneven and the quality is highly variable. (6) Because landslide hazard analysis continues to evolve, developing analysis methods is an important element of technical assistance for nongovernmental entities and State and local governments. SEC. 3. NATIONAL LANDSLIDE HAZARDS REDUCTION PROGRAM. (a) Establishment.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall establish a national program to identify landslide hazards and reduce losses from landslides through activities under this section. (b) USGS Program Activities.--The Secretary of the Interior, acting through the Director of the United States Geological Survey, shall-- (1) develop a national strategy for research on landslides and landslide hazards; (2) develop and maintain a landslide hazard assessment system to identify, map, and assess landslide hazards; (3) in coordination with the State Geological Surveys, USGS shall conduct Federal-State working groups to establish regional priorities for identifying, mapping, and assessing landslide hazards as well as develop and implement guidelines for geologists and geological and geotechnical engineers; (4) develop and maintain a national landslide hazard inventory database; (5) compile, maintain, and evaluate data on-- (A) the nationwide impact of landslides on health and safety, the economy, and the environment; and (B) landslide hazard stabilization and reduction of losses from landslides; and (6) in coordination with the Assistant Administrator for Weather Services for the National Oceanic and Atmospheric Administration and Director, National Weather Service, the Administrator of the Federal Emergency Management Agency, and State Geological Surveys, develop and disseminate guidelines and training materials for planners and decisionmakers on the use of the landslide hazard assessment system and on reducing losses from landslides. (c) National Weather Service Activities.--The Secretary of Commerce, acting through the Assistant Administrator for Weather Services for the National Oceanic and Atmospheric Administration and Director, National Weather Service, in consultation with others qualified to provide advice, as necessary, shall develop and disseminate landslide-related curricula and training modules for State and local elected and appointed officials and Federal, State, local, and tribal emergency managers. (d) Interagency Coordinating Committee on Landslides.-- (1) In general.--There is established an Interagency Coordinating Committee on Landslides (in this subsection referred to as the ``Committee'') chaired by the Director of the United States Geological Survey. (2) Membership.--The Committee shall be composed of the Directors, or their designees, of-- (A) the Federal Emergency Management Agency; (B) the National Science Foundation; (C) the National Institute of Standards and Technology; (D) the Office of Science and Technology Policy; (E) the National Weather Service; and (F) the Office of Management and Budget. (3) Meetings.--The Committee shall meet not less than 3 times a year at the call of the chair. (4) Purpose and duties.--The Committee shall-- (A) oversee the planning, management, and coordination of the program established under subsection (a); (B) develop, not later than 6 months after the date of the enactment of this Act, and update periodically-- (i) a strategic plan that establishes goals and priorities for such program; and (ii) a detailed management plan to implement such strategic plan; and (C) develop a coordinated interagency budget for such program. (5) Annual report.--The Committee shall transmit an annual report to Congress which shall include-- (A) the budget developed under paragraph (4)(C), reported by agency and by each goal established under paragraph (4)(B)(i); (B) a description of the activities of the Committee under this subsection and the results of such activities during the previous year; and (C) a description of the extent to which any recommendations of the Advisory Committee have been implemented. (6) Advisory committee.-- (A) In general.--The Director of the United States Geological Survey shall establish an Advisory Committee on Landslides (in this subsection referred to as the ``Advisory Committee''). (B) Membership.--There shall be at least 11 members of the Advisory Committee, none of whom may be an individual described in subparagraphs (A) through (F) of section 7342(a)(1) of title 5, United States Code. The Advisory Committee shall include representatives of-- (i) State geologists; (ii) research and academic institutions who are qualified to provide advice on landslide hazards reduction and represent all related scientific, architectural, and engineering disciplines; (iii) industry standards development organizations; and (iv) State, local, and tribal emergency management agencies. (C) Recommendations.--The Advisory Committee may submit recommendations to the Committee, which shall consider any recommendations so submitted. (e) Grant Programs.-- (1) Cooperative landslide hazard mapping and assessment program.-- (A) In general.--The Secretary of the Interior shall make grants, administered through the United States Geological Survey, on a competitive basis to support the efforts of State and local governments to map and assess landslide hazards within the jurisdictions of such governments. (B) Priority.-- (i) In general.--The Secretary shall consult annually with State Geological Surveys to establish priorities for the grant program established under this paragraph. (ii) Matching fund prioritization.--The Secretary shall prioritize a grant for a project under this paragraph to an entity that provides such assurances as the Secretary considers necessary that the entity will receive up to 50 percent of the total cost of the project from non-Federal sources. (C) Authorization of appropriations.--There are authorized to be appropriated to the Secretary $8,000,000 for fiscal year 2017 and each fiscal year thereafter to carry out this paragraph. (2) Partnerships for landslide loss reduction program.-- (A) In general.--The Secretary of the Interior, working with the National Science Foundation, shall make grants, on a competitive basis, to support efforts by institutions of higher education, State and local governments, and nongovernmental entities to research landslides. (B) Authorization of appropriations.--There are authorized to be appropriated $10,400,000 for fiscal year 2017 and each fiscal year thereafter to carry out this paragraph. (3) Annual reports.--The Secretary of the Interior shall annually submit to Congress a report on the grants awarded under this subsection with respect to a year, including the following information: (A) A list of activities under such grants during such year. (B) The results of such activities. | National Landslide Loss Reduction Act This bill requires the U.S. Geological Survey (USGS) to establish a national program to identify landslide hazards and reduce losses from landslides. The USGS shall: develop a national strategy for research on landslides and landslide hazards; develop and maintain a landslide hazard assessment system and a national landslide hazard inventory database; in coordination with state geological surveys, conduct federal-state working groups to establish regional priorities for identifying, mapping, and assessing hazards and develop and implement guidelines for geologists and geological and geotechnical engineers; compile, maintain, and evaluate data on landslide hazard stabilization and reduction of losses and on the nationwide impact of landslides on health and safety, the economy, and the environment; and in coordination with the National Oceanic and Atmospheric Administration (NOAA), the National Weather Service (NWS), the Federal Emergency Management Agency (FEMA), and state geological surveys, develop and disseminate guidelines and training materials (in coordination with specified entities) for planners and decision makers on the use of the system and reducing losses from landslides. NOAA and the NWS shall develop and disseminate landslide-related curricula and training modules for state and local officials and emergency managers. The bill establishes an Interagency Coordinating Committee on Landslides and an Advisory Committee on Landslides. The Department of the Interior shall make grants to support: (1) state and local government efforts to map and assess landslide hazards; and (2) efforts by institutions of higher education, state and local governments, and nongovernmental entities to research landslides. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Crimes Against Children and Elderly Persons Increased Punishment Act''. SEC. 2. ENHANCED PENALTIES FOR VULNERABLE VICTIMS. Section 240002 of the Violent Crime Control and Law Enforcement Act of 1994 is amended to read as follows: ``SEC. 240002. ENHANCED PENALTIES FOR VULNERABLE VICTIMS. ``(a) In General.--The United States Sentencing Commission shall amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than 5 levels above the offense level otherwise provided for a crime of violence, including those crimes of violence involving the environment, if the crime of violence is against a child, elderly person, or other vulnerable person. If the crime of violence is also a sex crime against a child, the enhancement provided under the preceding sentence shall be 6 instead of 5 levels. ``(b) Definitions.--As used in this section-- ``(1) the term `crime of violence' has the meaning given that term in section 16 of title 18, United States Code; ``(2) the term `child' means a person who is 14 years of age, or younger; ``(3) the term `elderly person' means a person who is 65 years of age or older; and ``(4) the term `vulnerable person' means a person whom the defendant knew or should have known was unusually vulnerable due to age, physical or mental condition, or otherwise particularly susceptible to the criminal conduct, or is a victim of an offense under section 2241(e) of title 18, United States Code.''. SEC. 3. SHORT TITLE. Section 4 may be cited as the ``Amber Hagerman Child Protection Act of 1996''. SEC. 4. INCREASED PENALTIES FOR FEDERAL SEX OFFENSES AGAINST CHILDREN. (a) Aggravated Sexual Abuse of a Minor.--Section 2241(c) of title 18, United States Code, is amended-- (1) by inserting ``whoever in interstate or foreign commerce or'' before ``in the special''; (2) by inserting ``crosses a State line with intent to engage in a sexual act with a person who has not attained the age of 12 years, or'' after ``Whoever''; and (3) by adding at the end of the following: ``If the defendant has previously been convicted of another Federal offense under this subsection or under section 2243(a), or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.''. (b) Sexual Abuse of a Minor.--Section 2243(a) of title 18, United States Code, is amended-- (1) by inserting ``whoever in interstate for foreign commerce or'' before ``in the special''; (2) by inserting ``crosses a State line with intent to engage in a sexual act with a person who, or'' after ``Whoever''; and (3) by adding at the end the following: ``If the defendant has previously been convicted of another Federal offense under this subsection or under section 2241(c), or of a State offense that would have been an offense under either such provision had the offense occurred in a Federal prison, unless the death penalty is imposed, the defendant shall be sentenced to life in prison.''. SEC. 5. FEDERAL JURISDICTION OVER RAPE AND SEXUAL ASSAULT CASES. Section 2241 of title 18, United States Code, is amended by adding at the end the following: ``(e) Punishment for Sexual Predators.--(1) Whoever, in a circumstance described in paragraph (2) of this subsection-- ``(A) violates this section; or ``(B) engages in conduct that would violate this section, if the conduct had occurred in the special maritime and territorial jurisdiction of the United States, and-- ``(i) that conduct is in interstate or foreign commerce; ``(ii) the person engaging in that conduct crossed a State line with intent to engage in the conduct; or ``(iii) the person engaging in that conduct thereafter engages in conduct that is a violation of section 1073(1) with respect to an offense that consists of the conduct so engaged in; shall be imprisoned for life. ``(2) The circumstance referred to in paragraph (1) of this subsection is that the defendant has previously been convicted of another State or Federal offense for conduct which-- ``(A) is an offense under this section or section 2242 of this title; or ``(B) would have been an offense under either of such sections if the offense had occurred in the special maritime or territorial jurisdiction of the United States.''. SEC. 6. PROHIBITIONS RELATING TO BODY ARMOR. (a) Short Title.--This section may be cited as the ``James Guelff Body Armor Act of 1996''. (b) Sentencing Enhancement.--The United States Sentencing Commission shall amend the Federal sentencing guidlines to provide an appropriate sentencing enhancement for any crime of violence against a vulnerable person (which for the purposes of this section shall include a law enforcement officer) as defined in section 240002 of the Violent Crime Control and Law Enforcement Act of 1994 in which the defendant used body armor. (c) For purposes of this section-- (1) the term ``body armor'' means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment; and (2) the term ``law enforcement officer'' means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. SEC. 7. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE IN POSSESSION OF A FIREARM WITH A LASER SIGHTING DEVICE. Not later than May 1, 1997, the United States Sentencing Commission shall, pursuant to its authority under section 994 of title 28, United States Code, amend the sentencing guidelines (and, if the Commission considers it appropriate, the policy statements of the Commission) to provide that a defendant convicted of a crime of violence against a child, elderly person, or other vulnerable person (as such terms are defined in section 240002(b) of the Violent Crime Control and Law Enforcement Act of 1994) shall receive an appropriate sentence enhancement if, during the crime-- (1) the defendant possessed a firearm equipped with a laser sighting device; or (2) the defendant possessed a firearm, and the defendant (or another person at the scene of the crime who was aiding in the commission of the crime) possessed a laser sighting device capable of being readily attached to the firearm. Passed the House of Representatives May 7, 1996. Attest: ROBIN H. CARLE, Clerk. | Crimes Against Children and Elderly Persons Increased Punishment Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to direct the United States Sentencing Commission to amend the Federal sentencing guidelines to provide a sentencing enhancement of not less than: (1) five levels above the offense level otherwise provided for a crime of violence, including crimes of violence involving the environment, if such crime is against a child, elderly person, or other vulnerable person; or (2) six levels above if the crime is also a sex crime against a child. Amber Hagerman Child Protection Act of 1996 - Amends the Federal criminal code to apply prohibitions and penalties for aggravated sexual abuse of a person under age 12 and for sexual abuse of a person between the ages of 12 and 16 to any person who: (1) crosses a State line with intent to engage in a sexual act with such minor; or (2) knowingly engages, or attempts to engage, in such an act in interstate or foreign commerce. Directs that a defendant previously convicted of another Federal offense of sexual abuse or aggravated sexual abuse of a minor or of a State offense that would have been such an offense had it occurred in a Federal prison be sentenced to life imprisonment, unless the death penalty is imposed. (Sec. 5) Requires imposition of life imprisonment upon anyone who violates provisions regarding aggravated sexual abuse (or engages in conduct that would be a violation of such provisions if the offense had occurred in the special maritime and territorial jurisdiction of the United States) after previously having been convicted of another State or Federal sexual abuse offense (or conduct which would have been such an offense if the offense had occurred in such jurisdiction) if: (1) such conduct occurs in interstate or foreign commerce; (2) the defendant crossed a State line with intent to engage in the conduct; or (3) the defendant fled prosecution of such offense. (Sec. 6) James Guelff Body Armor Act of 1996 - Directs the Commission to amend sentencing guidelines to provide an appropriate sentencing enhancement for any crime of violence against a vulnerable person (including a law enforcement officer) in which the defendant used body armor. (Sec. 7) Directs the Commission to amend sentencing guidelines (and, if appropriate, policy statements) to require an enhanced sentence for a defendant convicted of committing a crime of violence against a vulnerable person while in possession of a firearm with a laser sighting device. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair VA Accountability Act''. SEC. 2. SUSPENSION AND REMOVAL OF DEPARTMENT OF VETERANS AFFAIRS EMPLOYEES FOR PERFORMANCE OR MISCONDUCT THAT IS A THREAT TO PUBLIC HEALTH OR SAFETY. (a) In General.--Chapter 7 of title 38, United States Code, is amended by adding after section 713 the following new section: ``Sec. 715. Employees: suspension and removal for performance or misconduct that is a threat to public health or safety ``(a) Suspension and Removal.--Subject to subsections (b) and (c), the Secretary may-- ``(1) suspend without pay an employee of the Department of Veterans Affairs if the Secretary determines the performance or misconduct of the employee is a clear and direct threat to public health or safety; and ``(2) remove an employee suspended under paragraph (1) when, after such investigation and review as the Secretary considers necessary, the Secretary determines that removal is necessary in the interests of public health or safety. ``(b) Procedure.--An employee suspended under subsection (a)(1) is entitled, after suspension and before removal, to-- ``(1) within 30 days after suspension, a written statement of the specific charges against the employee, which may be amended within 30 days thereafter; ``(2) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits; ``(3) a hearing, at the request of the employee, by a Department authority duly constituted for this purpose; ``(4) a review of the case by the Secretary, before a decision adverse to the employee is made final; and ``(5) written statement of the decision of the Secretary. ``(c) Relation to Other Disciplinary Rules.--The authority provided under this section shall be in addition to the authority provided under section 713 and title 5 with respect to disciplinary actions for performance or misconduct. ``(d) Back Pay for Whistleblowers.--If any employee of the Department of Veterans Affairs is subject to a suspension or removal under this section and such suspension or removal is determined by an appropriate authority under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice described under section 2302(b)(8) or (9) of title 5, such employee shall receive back pay equal to the total amount of basic pay that such employee would have received during the period that the suspension and removal (as the case may be) was in effect, less any amounts earned by the employee through other employment during that period. ``(e) Definitions.--In this section, the term `employee' means any individual occupying a position within the Department of Veterans Affairs under a permanent or indefinite appointment and who is not serving a probationary or trial period.''. (b) Clerical and Conforming Amendments.-- (1) Clerical.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 713 the following new item: ``715. Employees: suspension and removal for performance or misconduct that is a threat to public health or safety.''. (2) Conforming.--Section 4303(f) of title 5, United States Code, is amended-- (A) by striking ``or'' at the end of paragraph (2); (B) by striking the period at the end of paragraph (3) and inserting ``, or''; and (C) by adding at the end the following: ``(4) any suspension or removal under section 715 of title 38.''. (c) Report on Suspensions and Removals.--Not later than one year after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report on suspensions and removals of employees of the Department made under section 715 of title 38, United States Code, as added by subsection (a). Such report shall include, with respect to the period covered by the report, the following: (1) The number of employees who were suspended under such section. (2) The number of employees who were removed under such section. (3) A description of the threats to public health or safety that caused such suspensions and removals. (4) The number of such suspensions or removals, or proposed suspensions or removals, that were of employees who filed a complaint regarding-- (A) an alleged prohibited personnel practice committed by an officer or employee of the Department and described in section 2302(b)(8) or 2302(b)(9)(A)(i), (B), (C), or (D) of title 5, United States Code; or (B) the safety of a patient at a medical facility of the Department. (5) Of the number of suspensions and removals listed under paragraph (4), the number that the Inspector General considers to be retaliation for whistleblowing. (6) The number of such suspensions or removals that were of an employee who was the subject of a complaint made to the Department regarding the health or safety of a patient at a medical facility of the Department. (7) Any recommendations by the Inspector General, based on the information described in paragraphs (1) through (6), to improve the authority to make such suspensions and removals. SEC. 3. PROHIBITION ON CERTAIN FORMER EMPLOYEE'S ACCEPTANCE OF COMPENSATION FROM CONTRACTOR. (a) In General.--Chapter 7 of title 38, United States Code, is further amended by adding after section 715, as added by section 2, the following new section: ``Sec. 717. Prohibition on certain former employee's acceptance of compensation from contractors of the Department ``(a) In General.--An individual who was formerly employed in a senior executive position at the Department may not accept compensation from a covered contractor as an employee, officer, director, or consultant of the covered contractor during the one-year period beginning on the date on which the individual was last employed in a senior executive position at the Department. ``(b) Definitions.--In this section: ``(1) The term `covered contractor' means a contractor carrying out a contract entered into with the Department, including pursuant to a subcontract. ``(2) The term `senior executive position' has the meaning given such term in section 713(g) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is further amended by adding at the end the following new item: ``717. Prohibition on certain former employee's acceptance of compensation from contractors of the Department.''. SEC. 4. LIMITATION ON CONTRACTING WITH ENTITIES EMPLOYING CERTAIN RECENTLY SEPARATED DEPARTMENT EMPLOYEES. (a) In General.--Subchapter II of chapter 81 of title 38, United States Code, is amended by adding at the end the following new section: ``Sec. 8129. Limitation on contracting with entities employing certain recently separated Department employees ``(a) In General.--The Secretary may not enter into a contract with any entity if the entity employs an individual who is prohibited from accepting compensation from a contractor under section 717 of this title. ``(b) Certification.--Before entering into a contract with any entity, the Secretary shall require the entity to submit to the Secretary certification that the entity does not employ, and will not employ during the period covered by the contract, any individual who is prohibited from accepting compensation from a contractor under section 717 of this title. ``(c) Definitions.--In this section, the term `senior executive position' has the meaning given such term in section 713(g)(3) of this title.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by adding after the item relating to section 8128 the following new item: ``8129. Limitation of contracting with entities employing certain recently separated Department employees.''. SEC. 5. LIMITATION ON ADMINISTRATIVE LEAVE FOR EMPLOYEES WITHIN THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.--Chapter 7 of title 38, United States Code, is further amended by adding after section 717, as added by section 3, the following new section: ``Sec. 719. Administrative leave limitation and report ``(a) Limitation Applicable to Employees Within the Department of Veterans Affairs.--(1) The Secretary may not place any covered individual on administrative leave, or any other type of paid non-duty status without charge to leave, for more than a total of 14 days during any 365-day period. ``(2) The Secretary may waive the limitation under paragraph (1) and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual placed on such leave or status under paragraph (1) if the Secretary submits to the Committees on Veterans' Affairs of the Senate and House of Representatives a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave and the reasons for the extension of such leave or status. Such explanation shall include the name of the covered individual, the location where the individual is employed, and the individual's job title. ``(3) In this subsection, the term `covered individual' means an employee of the Department-- ``(A) who is subject to an investigation for purposes of determining whether such individual should be subject to any disciplinary action under this title or title 5; or ``(B) against whom any disciplinary action is proposed or initiated under this title or title 5. ``(b) Report on Administrative Leave.--(1) Not later than 30 days after the end of each quarter of any calendar year, the Secretary shall submit to the Committees on Veterans' Affairs of the House of Representatives and the Senate a report listing the name of any employee of the Department (if any) who has been placed on administrative leave, or any other type of paid non-duty status, for a period longer than 7 days during such quarter. ``(2) Any report submitted under subsection (a) shall include, with respect to any employee listed in such report, the position occupied by the employee, the number of days of such leave, and the reason that such employee was placed on such leave.''. (b) Application.-- (1) Administrative leave limitation.--Section 719(a) of title 38, United States Code (as added by subsection (a)), shall apply to any action of removal or transfer under section 713 of such title or title 5, United States Code, commencing on or after the date of enactment of this section. (2) Report.--The report under section 719(b) of such title (as added by subsection (a)) shall begin to apply in the quarter that ends after the date that is 6 months after the date of enactment of this section. (c) Clerical Amendment.--The table of sections at the beginning of such chapter 7 is amended by adding at the end the following new item: ``719. Administrative leave limitation and report.''. | Fair VA Accountability Act This bill authorizes the Department of Veterans Affairs (VA) to: (1) suspend a VA employee without pay if the employee's performance or misconduct is a clear and direct threat to public health or safety; and (2) remove a suspended employee when, after investigation and review, removal is determined necessary in the interests of public health or safety. A suspended employee is entitled, after suspension and before removal, to: a written statement of the specific charges against him or her within 30 days after suspension; an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits; a hearing, at the employee's request, by a VA authority duly constituted for this purpose; a case review by the VA before a decision adverse to the employee is made final; and a written statement of the VA's decision. A VA employee who is subject to a suspension or removal that is determined under applicable law, rule, regulation, or collective bargaining agreement to be a prohibited personnel practice shall receive back pay equal to the total amount of basic pay that such employee would have received during the period that the suspension and removal was in effect, less any amounts earned by the employee through other employment during that period. An individual who was formerly employed in a senior executive position at the VA may not accept compensation from a covered contractor as an employee, officer, director, or consultant of the contractor during the one-year period beginning on the date on which the individual was last employed at the VA in a senior executive position. The VA: (1) may not enter into a contract with any entity that employs such an individual, and (2) shall require an entity to certify that it does not employ and will not employ any such individual during the period covered by the contract. The VA may: not place any covered individual on administrative leave or any other type of paid non-duty status without charge to leave for more than 14 days during any 365-day period; and waive such limitation and extend the administrative leave or other paid non-duty status without charge to leave of a covered individual if the VA submits to the appropriate committees a detailed explanation of the reasons the individual was placed on administrative leave or other paid non-duty status without charge to leave, and the reasons for the extension of such leave or status. A "covered individual" means a VA employee: (1) who is subject to an investigation to determine whether the individual should be subject to any disciplinary action, or (2) against whom any disciplinary action is proposed or initiated. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Job Creation Act of 2010''. TITLE I--GENERAL PROVISIONS AFFECTING SMALL BUSINESS SEC. 101. EXTENSION OF INCREASED EXPENSING FOR SMALL BUSINESSES. (a) In General.--Paragraph (7) of section 179(b) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``or 2009'' and inserting ``2009, or 2010'', and (2) by striking ``and 2009'' in the heading thereof and inserting ``2009, or 2010''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2009. SEC. 102. ONE YEAR ELIMINATION OF THE CAPITAL GAINS TAX FOR SMALL BUSINESSES. (a) In General.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to partial exclusion for gain from certain small business stock) is amended by adding at the end the following new paragraph: ``(4) Special rule for 2010.--In the case of qualified small business stock acquired after December 31, 2009, and before January 1, 2011-- ``(A) paragraph (1) shall be applied by substituting `100 percent' for `50 percent', and ``(B) paragraph (2) shall not apply.''. (b) Conforming Amendments.--Section 1202(a)(3) of such Code is amended-- (1) by striking ``2011'' and inserting ``2010'', and (2) by striking ``and 2010'' in the heading. (c) Effective Date.--The amendments made by this section shall apply to stock acquired after December 31, 2009. SEC. 103. UNEMPLOYMENT BENEFITS EXCLUDED FROM INCOME TAX FOR 2010. (a) In General.--Section 85 of the Internal Revenue Code of 1986 (relating to unemployment compensation) is amended by adding at the end the following new subsection: ``(d) Special Rule for 2009.--Subsection (a) shall not apply in the case of any taxable year beginning in 2010.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2009. SEC. 104. REDUCTION IN TROUBLED ASSET PURCHASES THAT MAY BE OUTSTANDING AS TARP FUNDS ARE REPAID. Section 106(d) of the Emergency Economic Stabilization Act of 2008 is amended by adding at the end the following new sentence: ``The maximum amount of purchase authority for troubled assets that is authorized to be outstanding at any one time under section 115 shall be reduced by the amount of any payment into the Treasury under the preceding sentence after the date of the enactment of the Job Creation Act of 2010.''. TITLE II--FEDERAL RULES OF CIVIL PROCEDURE IMPROVEMENTS SEC. 201. ATTORNEY ACCOUNTABILITY. Rule 11(c) of the Federal Rules of Civil Procedure is amended-- (1) by amending the first sentence to read as follows: ``If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, shall impose upon the attorney, law firm, or parties that have violated this subdivision or are responsible for the violation, an appropriate sanction, which may include an order to pay the other party or parties for the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper, that is the subject of the violation, including a reasonable attorney's fee.''; (2) in paragraph (1)(A)-- (A) by striking ``Rule 5'' and all that follows through ``corrected.'' and inserting ``Rule 5.''; and (B) by striking ``the court may award'' and inserting ``the court shall award''; and (3) in paragraph (2), by striking ``shall be limited to what is sufficient'' and all that follows through the end of the paragraph (including subparagraphs (A) and (B)) and inserting ``shall be sufficient to deter repetition of such conduct or comparable conduct by others similarly situated, and to compensate the parties that were injured by such conduct. The sanction may consist of an order to pay to the party or parties the amount of the reasonable expenses incurred as a direct result of the filing of the pleading, motion, or other paper that is the subject of the violation, including a reasonable attorney's fee.''. SEC. 202. APPLICABILITY OF RULE 11 TO STATE CASES AFFECTING INTERSTATE COMMERCE. In any civil action in State court, the court, upon motion, shall determine within 30 days after the filing of such motion whether the action substantially affects interstate commerce. Such court shall make such determination based on an assessment of the costs to the interstate economy, including the loss of jobs, were the relief requested granted. If the court determines such action substantially affects interstate commerce, the provisions of Rule 11 of the Federal Rules of Civil Procedure shall apply to such action. SEC. 203. PREVENTION OF FORUM-SHOPPING. (a) In General.--Subject to subsection (b), a personal injury claim filed in State or Federal court may be filed only in the State and, within that State, in the county (or if there is no State court in the county, the nearest county where a court of general jurisdiction is located), or Federal district in which-- (1) the person bringing the claim, including an estate in the case of a decedent and a parent or guardian in the case of a minor or incompetent-- (A) resides at the time of filing; or (B) resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the personal injury claim allegedly occurred; (3) the defendant's principal place of business is located, if the defendant is a corporation; or (4) the defendant resides, if the defendant is an individual. (b) Determination of Most Appropriate Forum.--If a person alleges that the injury or circumstances giving rise to the personal injury claim occurred in more than one county (or Federal district), the trial court shall determine which State and county (or Federal district) is the most appropriate forum for the claim. If the court determines that another forum would be the most appropriate forum for a claim, the court shall dismiss the claim. Any otherwise applicable statute of limitations shall be tolled beginning on the date the claim was filed and ending on the date the claim is dismissed under this subsection. (c) Definitions.--In this section: (1) The term ``personal injury claim''-- (A) means a civil action brought under State law by any person to recover for a person's personal injury, illness, disease, death, mental or emotional injury, risk of disease, or other injury, or the costs of medical monitoring or surveillance (to the extent such claims are recognized under State law), including any derivative action brought on behalf of any person on whose injury or risk of injury the action is based by any representative party, including a spouse, parent, child, or other relative of such person, a guardian, or an estate; (B) does not include a claim brought as a class action; and (C) does not include a claim against a debtor in a case pending under title 11 of the United States Code that is a personal injury tort or wrongful death claim within the meaning of section 157(b)(5) of title 28, United States Code. (2) The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, but not any governmental entity. (3) The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and any other territory or possession of the United States. (d) Applicability.--This section applies to any personal injury claim filed in Federal or State court on or after the date of the enactment of this Act. SEC. 204. RULE OF CONSTRUCTION. Nothing in section 202 or in the amendments made by section 201 shall be construed to bar or impede the assertion or development of new claims or remedies under Federal, State, or local civil rights law. SEC. 205. THREE-STRIKES RULE FOR SUSPENDING ATTORNEYS WHO COMMIT MULTIPLE RULE 11 VIOLATIONS. (a) Mandatory Suspension.--Whenever a Federal district court determines that an attorney has violated Rule 11 of the Federal Rules of Civil Procedure, the court shall determine the number of times that the attorney has violated that rule in that Federal district court during that attorney's career. If the court determines that the number is three or more, the Federal district court-- (1) shall suspend that attorney from the practice of law in that Federal district court for one year; and (2) may suspend that attorney from the practice of law in that Federal district court for any additional period that the court considers appropriate. (b) Appeal; Stay.--An attorney has the right to appeal a suspension under subsection (a). While such an appeal is pending, the suspension shall be stayed. (c) Reinstatement.--To be reinstated to the practice of law in a Federal district court after completion of a suspension under subsection (a), the attorney involved must first petition the court for reinstatement under such procedures and conditions as the court may prescribe. SEC. 206. PRESUMPTION OF RULE 11 VIOLATION FOR REPEATEDLY RELITIGATING SAME ISSUE. Whenever a party presents to a Federal court a pleading, written motion, or other paper, that includes a claim or defense that the party has already litigated and lost on the merits in any forum in final decisions not subject to appeal on three consecutive occasions, and the claim or defense, respectively, involves the same plaintiff and the same defendant on each occasion, there shall be a rebuttable presumption that the presentation of such paper is in violation of Rule 11 of the Federal Rules of Civil Procedure. SEC. 207. ENHANCED SANCTIONS FOR DOCUMENT DESTRUCTION IN PENDING FEDERAL COURT PROCEEDINGS. Whoever willfully and intentionally influences, obstructs, or impedes, or attempts to influence, or obstruct, or impede, a pending Federal court proceeding through the willful and intentional destruction of documents sought pursuant to the rules of such Federal court proceeding and highly relevant to that proceeding-- (1) shall be punished with mandatory civil sanctions of a degree commensurate with the civil sanctions available under Rule 11 of the Federal Rules of Civil Procedure, in addition to any other civil sanctions that otherwise apply; and (2) shall be held in contempt of court; and if an attorney, referred to one or more appropriate State bar associations for disciplinary proceedings. SEC. 208. BAN ON CONCEALMENT OF UNLAWFUL CONDUCT. (a) In General.--In any Rule 11 of the Federal Rules of Civil Procedure proceeding, a court may not order that a court record not be disclosed unless the court makes a finding of fact that identifies the interest that justifies the order and determines that interest outweighs any interest in the public health and safety that the court determines would be served by disclosing the court record. (b) Applicability.--This section applies to any record formally filed with a court, but shall not include any records subject to-- (1) the attorney-client privilege or any other privilege recognized under Federal or State law that grants the right to prevent disclosure of certain information unless the privilege has been waived; or (2) applicable State or Federal laws that protect the confidentiality of crime victims, including victims of sexual abuse. | Job Creation Act of 2010 - Amends the Internal Revenue Code to: (1) extend through 2010 the increased expensing allowance for depreciable business assets; (2) exclude from gross income in 2010 100% of the gain from the sale of small business stock; and (3) exclude from gross income in 2010 all unemployment compensation. Amends the Emergency Economic Stabilization Act of 2008 (EESA) to require all amounts repaid under the Troubled Asset Relief Program (TARP) to reduce the program's purchase authority. Amends Rule 11 of the Federal Rules of Civil Procedure (sanctions for filing a frivolous lawsuit) to: (1) require courts to award reasonable expenses, including attorney's fees, to a prevailing party in a Rule 11 proceeding (currently discretionary); and (2) eliminate the 21-day period allowed for withdrawing or correcting a claim deemed frivolous. Requires state courts to apply Rule 11 to actions in state courts that substantially affect interstate commerce. Limits venue for personal injury claims filed in state or federal courts to the county or district: (1) in which the plaintiff or defendant resides; (2) where the plaintiff resided at the time of the alleged injury; or (3) the district in which the defendant's principal place of business is located. Imposes additional sanctions: (1) on attorneys who are found to violate Rule 11 three or more times; and (2) for willful and intentional destruction of documents relevant to a pending action in federal court. Establishes a rebuttable presumption of a Rule 11 violation if a plaintiff attempts to litigate a claim that has already been litigated and lost on the merits. Prohibits a court in a Rule 11 proceeding from ordering the nondisclosure of the record of the proceeding unless the court makes a specific finding of fact that justifies such an order. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Small Property and Casualty Insurance Company Equity Act of 1993''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. SMALL COMPANY DEDUCTION. (a) Section 832(c) is amended by striking ``and'' at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ``; and'', and by adding at the end thereof the following new paragraph: ``(14) the small insurance company deduction allowed by subsection (h).'' (b) Section 832 is amended by adding at the end thereof the following new subsections: ``(h) Small Insurance Company Deduction.--In the case of taxable years beginning after December 31, 1992-- ``(1) In general.--There shall be allowed as a deduction for the taxable year 60 percent of so much of the tentative taxable income for such taxable year as does not exceed $3,000,000 (hereinafter in this section referred to as the `small insurance company deduction'). ``(2) Phaseout between $3,000,000 and $15,000,000.--The amount of the small insurance company deduction determined under paragraph (1) for any taxable year shall be reduced (but not below zero) by 15 percent of so much of the tentative taxable income for such taxable year as exceeds $3,000,000. ``(3) Small insurance company deduction not allowable to company with assets of $500,000,000 or more.-- ``(A) In general.--The small insurance company deduction shall not be allowed for any taxable year to any insurance company which, at the close of such taxable year, has assets equal to or greater than $500,000,000. ``(B) Assets.--For purposes of this paragraph, the term `assets' means all assets of the company. ``(C) Valuation of assets.--For purposes of this paragraph, the amount attributable to-- ``(i) real property and stock shall be the fair market value thereof, and ``(ii) any other asset shall be the adjusted basis of such asset for purposes of determining gain on sale or other disposition. ``(D) Special rule for interests in partnerships and trusts.--For purposes of this paragraph-- ``(i) an interest in a partnership or trust shall not be treated as an asset of the company, but ``(ii) the company shall be treated as actually owning its proportionate share of the assets held by the partnership or trust (as the case may be). ``(i) Tentative Taxable Income.--For purposes of subsection (h)-- ``(1) In general.--The term `tentative taxable income' means taxable income determined without regard to the small insurance company deduction. ``(2) Exclusion of items attributable to noninsurance businesses.--The amount of the tentative taxable income for any taxable year shall be determined without regard to all items attributable to noninsurance businesses. ``(3) Noninsurance businesses.-- ``(A) In general.--The term ``noninsurance business'' means any activity which is not an insurance business. ``(B) Certain activities treated as insurance businesses.--For purposes of subparagraph (A), any activity which is not an insurance business shall be treated as an insurance business if-- ``(i) it is of a type traditionally carried on by insurance companies for investment purposes, but only if the carrying on of such activity (other than in the case of real estate) does not constitute the active conduct of a trade or business, or ``(ii) it involves the performance of administrative services in connection with plans providing property or casualty insurance benefits. ``(C) Limitation of amount of loss from noninsurance business which may offset income from insurance business.--In computing the taxable income of any insurance company subject to tax imposed by section 831, any loss from a noninsurance business shall be limited under the principles of section 1503(c). ``(j) Special Rule for Controlled Groups.-- ``(1) Small insurance company deduction determined on controlled group basis.--For purposes of subsections (h) and (i)-- ``(A) all insurance companies which are members of the same controlled group shall be treated as 1 insurance company, and ``(B) any small insurance company deduction determined with respect to such group shall be allocated among the insurance companies which are members of such group in proportion to their respective tentative taxable incomes. ``(2) Noninsurance members included for asset test.--For purposes of subsection (h)(3), all members of the same controlled group (whether or not insurance companies) shall be treated as 1 company. ``(3) Controlled group.--For purposes of this subsection, the term `controlled group' means any controlled group of corporations (as defined in section 1563(a)); except that subsections (a)(4) and (b)(2)(D) of section 1563 shall not apply. ``(4) Adjustments to prevent excess detriment or benefit.-- Under regulations prescribed by the Secretary, proper adjustments shall be made in the application of this subsection to prevent any excess detriment or benefit (whether from year- to-year or otherwise) arising from the application of this subsection.'' SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to taxable years beginning after December 31, 1992. | Small Property and Casualty Insurance Company Equity Act of 1993 - Amends the Internal Revenue Code to allow a small insurance company deduction of the tentative taxable income of certain companies involved with property or casualty insurance. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Women's Health Information Act of 1993''. SEC. 2. FINDINGS. The Congress finds as follows: (1) A report by the General Accounting Office indicates that the Department and Health and Human Services, which is responsible for providing health information to the public, lacks an overall strategy for providing such information to women. (2) Such Department has no overall strategy to ensure that the most needed and useful health information is distributed to the public. (3) Health information activities of the Department are left to the discretion of the agencies of the Public Health Service, each of which largely plans the production and dissemination of information independently of the other agencies of the Service. (4) Even when health information for the public is produced and disseminated by the Department, it is not always easily accessible to the public. (5) With respect to health information, the agencies of such Department cannot determine whether the efforts of the agencies are appropriately targeted to raise women's awareness and increase their knowledge about conditions that confront them. SEC. 3. INTERAGENCY COMMITTEE ON HEALTH COMMUNICATIONS. (a) In General.--The Secretary of Health and Human Services shall establish an Interagency Committee on Health Communications (in this section referred to as the ``Committee''). (b) Duties.-- (1) In general.--The Committee shall provide advice to the Secretary of Health and Human Services on developing, overseeing, and coordinating Federal promotion and education activities, including such activities within the Public Health Service. (2) Women's health.--In carrying out paragraph (1), the Committee shall give priority to carrying activities regarding women's health. (c) Chair.--The Committee shall be chaired by the Assistant Secretary for Health. (d) Composition.-- (1) In general.--Subject to paragraph (2), the Committee shall be composed of one representative from each agency with authority to speak for the agency, in order to address activities and goal-setting with regard to communications specific to women's health. Decisions shall be implemented either individually or collectively as required. (2) Women's health.--The Director of the Office of Women's Health at the Public Health Service shall serve as a member of the Committee to ensure that the efforts of the Committee and the Public Health Service reflect pertinent recommendations and objectives to improve women's health. (e) Meetings.-- (1) In general.--The Committee shall, as appropriate, meet not fewer than 4 times a year in order to promote collaboration, enhance cooperation, and develop effective strategies in this effort. (2) Annual forum.--The Assistant Secretary for Health shall convene a forum once a year to hear testimony by interested public and private individuals and organizations regarding priorities for areas of women's health, and shall respond to the testimony and make recommendations regarding the testimony. (f) Report.--The Assistant Secretary of Health shall issue a yearly report on the progress of the Committee's efforts to establish a coordinated strategy of health promotion and disease prevention activities at the Public Health Service. SEC. 4. DISSEMINATION EFFORTS OF WOMEN'S HEALTH INFORMATION WITHIN PUBLIC HEALTH SERVICE. (a) Clearinghouse on Women's Health.--The Assistant Secretary for Health shall establish the Clearinghouse on Women's Health to compile, archive, and disseminate information concerning women's health and to publish a yearly summary of such materials to be made available upon request. (b) Other Activities.-- (1) In general.--The Secretary of Health and Human Services may make a grant, or enter into a contract with one or more organizations representing women-- (A) to make available information concerning Federal programs, services, informational resources, and benefits related to women's health; (B) establish a toll-free hotline; and (C) assess demand for publications and costs on an annual basis, and develop publications as needed. (2) Fees regarding toll-free hotline.--The Clearinghouse may, as necessary, charge an appropriate fee for information provided by the toll-free hotline. Exceptions shall be made for individuals or organizations that are financially unable to pay such fees. (c) Advertising Campaign.--The Secretary of Health and Human Services shall conduct an outreach and advertising campaign to women and health professionals regarding the existence of the clearinghouse and the toll-free number. (d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1994 through 1999. SEC. 5. STUDY ON EFFECTIVENESS OF HEALTH COMMUNICATIONS. The Secretary of Health and Human Services shall convene a study of the Agency for Health Care Policy and Research to evaluate the overall effectiveness of health communications, including the efficacy of existing policies and techniques utilized by the Public Health Service to develop and disseminate such information. The study shall involve evaluation of effort, mode, use of toll-free numbers, and assessment of organization and competency. The study shall also include an analysis of efforts regarding reaching underserved populations. The Agency for Health Care Policy and Research shall make recommendations to the Assistant Secretary for Health on the most effective strategy for reaching the public and presenting health communications. | Women's Health Information Act of 1993 - Directs the Secretary of Health and Human Services to establish an Interagency Committee on Health Communications to provide advice to the Secretary on developing, overseeing, and coordinating Federal health promotion and education activities, including such activities within the Public Health Service. Requires the Committee to give priority to activities concerning women's health. Provides for the establishment of a Clearinghouse on Women's Health to compile and disseminate information concerning women's health. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Senior Citizen Hall of Fame Act of 1996''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the senior population (65 and older) of the United States is projected to be 35,000,000 by the year 2000 (which would equal 13 percent of the population); (2) the total population of the United States is projected to exceed 300,000,000 by the year 2000; (3) the senior population is projected to be 40,000,000 by the year 2010 (which would equal 13.3 percent of the population); (4) the senior population will accelerate significantly with the entry of baby-boomers into the senior population so that by the year 2030, the senior population will increase to 70,000,000; (5) the minority population is projected to represent 25 percent of the elderly population by the year 2030 (including Hispanic Americans, African Americans, Native Americans, Native Alaskans, Asian Americans, and Pacific Islanders); (6) the older population is getting larger, in 1993 the 75- 84 age group (10,800,000 individuals) was 14 times larger than in 1900, and the 85 plus age group was 27 times larger; (7) 5,500 individuals per day in the United States celebrate their 65th birthday; (8) the matured judgment, the keen insight, the historical retrospect, the forth right vision, and the gifted leadership of the aging, are invaluable to the national life of the United States; (9) older Americans embrace the national patriotism, the solidarity of the American heritage, and the allegiance in love and devotion to the United States, and is transmitting these noble virtues to future generations; and (10) the American dream is that all people are created equal in a nation where righteousness, mercy, and justice are the cornerstones of democracy. (b) Purpose.--It is the purpose of this Act to-- (1) encourage and authorize the establishment of a National Senior Citizen Hall of Fame Commission; (2) encourage the establishment of a Senior Citizen Hall of Fame in the 50 States, the District of Columbia, and the territorial possessions; (3) through the Commission and the State Senior Citizen Halls of Fame, bestow the honor, recognition, and memorial upon deserving citizens for outstanding achievements, services, and contributions to the lives of older Americans; and (4) utilize the Alabama Senior Citizens Hall of Fame, its constitution, and bylaws with respect to such entity as a model in establishing State Senior Citizens Hall of Fame. SEC. 3. ESTABLISHMENT OF COMMISSION. (a) Establishment.--There is established a Commission to be known as the National Senior Citizen Hall of Fame Commission (in this Act referred to as the ``Commission''). (b) Membership.-- (1) Composition.--The Commission shall be composed of not more than 56 members of whom one shall be appointed by the Citizen Hall of Fame of each State. (2) Date.--The initial appointments of the members of the Commission shall be made not later than January 1, 1997. (3) Definition.--As used in paragraph (1), the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands. (c) Period of Appointment; Vacancies.--Members of the Commission shall be appointed for an annual 1-year term commencing on January 1 and ending on December 31. Any vacancy in the Commission shall not affect its powers, and shall be filled in the same manner as the original appointment. (d) Initial Meeting.--Not later than 30 days after the date on which a majority of the members of the Commission have been appointed, the Commission shall hold its first meeting. (e) Meetings.--The Commission shall meet at the call of the Chairperson. (f) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold meetings. (g) Chairperson and Vice Chairperson.--The Commission shall select a Chairperson and Vice Chairperson from among its members. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall act to bestow honor and recognition upon deserving citizens for their outstanding accomplishments, service, and contributions to the lives of older Americans. The Commission may provide commendations, certificates of merit, or other forms of awards to bestow such an honor as the Commission determines appropriate. SEC. 5. POWERS OF THE COMMISSION. (a) Meetings.--The Commission may hold such meetings and sit and act at such times and places as the Commission considers advisable to carry out the purposes of this Act. (b) Task Forces.--The Commission may establish such committees and task forces as the Commission determines necessary to carry out its business and achieve the objectives of the Commission. (c) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated such sums as may be necessary to enable the Commission to carry out the purposes of this Act. (b) Availability.--Any sums appropriated under the authorization contained in this section shall remain available, without fiscal year limitation, until expended. | National Senior Citizen Hall of Fame Act of 1996 - Establishes the National Senior Citizen Hall of Fame to bestow honor and recognition upon deserving citizens for their outstanding accomplishments, service, and contributions to the lives of older Americans. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Military Family Financial Benefits Act of 2007''. SEC. 2. MODIFICATION OF ELIGIBLE RECIPIENTS OF DEATH GRATUITY WITH RESPECT TO MEMBERS OF THE ARMED FORCES. Paragraph (2) of section 1477(a) of title 10, United States Code, is amended to read as follows: ``(2) His children (as prescribed by subsection (b)) or such guardians or caretakers of his children (as so prescribed) as he shall specify, in such proportions as he shall specify.''. SEC. 3. ANNUITIES FOR GUARDIANS OR CARETAKERS OF DEPENDENT CHILDREN UNDER SURVIVOR BENEFIT PLAN. (a) Election.--Section 1448(b) of title 10, United States Code, is amended-- (1) in the subsection caption, by striking ``and Former Spouse'' and inserting ``, Former Spouse, and Guardian or Caretaker''; and (2) by adding at the end the following new paragraph: ``(6) Guardian or caretaker coverage.-- ``(A) General rule.--A person who is not married and has one or more dependent children upon becoming eligible to participate in the Plan may elect to provide an annuity under the Plan to a natural person (other than a natural person with an insurable interest in the person under paragraph (1) or a former spouse) who acts as a guardian or caretaker to such child or children. In the case of a person providing a reserve- component annuity, such an election shall include a designation under subsection (e). ``(B) Termination of coverage.--Subparagraphs (B) through (E) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraphs apply to an election under subparagraph (A) of paragraph (1). ``(C) Election of new beneficiary upon death of previous beneficiary.--Subparagraph (G) of paragraph (1) shall apply to an election under subparagraph (A) of this paragraph in the same manner as such subparagraph (G) applies to an election under subparagraph (A) of paragraph (1), except that any new beneficiary elected under such subparagraph (G) by reason of this subparagraph shall be a guardian or caretaker of the dependent child or children of the person making such election.''. (b) Payment of Annuity.--Section 1450 of such title is amended-- (1) in subsection (a), by adding at the end the following new paragraph: ``(5) Guardian or caretaker coverage.--The natural person acting as a guardian or caretaker of the dependent child or children of the person designated under section 1448(b)(6) of this title, unless the election to provide an annuity to the natural person has been changed as provided in subsection (f).''; and (2) in the subsection caption of subsection (f), by striking ``or Former Spouse'' and inserting ``, Former Spouse, or Guardian or Caretaker''. (c) Amount of Annuity.--Section 1451(b) of such title is amended-- (1) in the subsection caption, by inserting ``or Guardian or Caretaker'' after ``Insurable Interest''; and (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' each place it appears in paragraphs (1) and (2). (d) Reduction in Retired Pay.--Section 1452(c) of such title is amended-- (1) in the subsection caption, by inserting ``or Guardian or Caretaker'' after ``Insurable Interest''; and (2) by inserting ``or 1450(a)(5)'' after ``1450(a)(4)'' each place it appears in paragraphs (1) and (3). SEC. 4. IMPROVEMENTS OF PRE-DEPLOYMENT COUNSELING AND SERVICES FOR MEMBERS OF THE ARMED FORCES. (a) Panel.--The Secretary of Defense shall appoint, from among individuals in the private sector qualified for such purpose, a panel of individuals to-- (1) review the pre-deployment counseling and services provided by the military departments to unmarried members of the Armed Forces with dependent children; (2) identify best practices among such counseling and services; and (3) recommend such improvements in such counseling and services (including improvements in such best practices) as the panel considers appropriate. (b) Required Actions.--In carrying out its duties under subsection (a), the panel appointed under that subsection shall-- (1) identify best practices in the pre-deployment counseling and services provided by the military departments to unmarried members of the Armed Forces with dependent children, including best practices with respect to counseling and services on-- (A) death benefits available to survivors of members of the Armed Forces; (B) dependency and indemnity compensation benefits available under chapter 13 of title 38, United States Code; (C) Servicemembers' Group Life Insurance under subchapter III of chapter 19 of title 38, United States Code; (D) traumatic injury protection under section 1980A of title 38, United States Code; (E) the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code; (F) benefits payable under the Social Security Act; and (G) the preparation, maintenance, and administration of family care plans, including elements of such plans relating to death benefits, wills and powers of attorney, trusts, maintenance and safeguarding during deployment, and acknowledgment of specific guardian and caretaker duties (including beneficiary designation), and administrative requirements (including command endorsement) relating to such plans; (2) identify best practices in the pre-deployment counseling and services provided by the military departments to unmarried members of the Armed Forces without dependent children, and married members of the Armed Forces (whether with or without dependent children), including best practices with respect to counseling and services on each of the matters set forth in subparagraphs (A) through (F) of paragraph (1); (3) identify best practices among the military departments in the deployment and availability of counseling and services for such members at so-called ``Pre-Deployment Centers'', including best practices with respect to-- (A) the availability of counseling on legal matters; (B) the availability of counseling on financial matters; (C) the involvement of family support groups in such counseling; (D) the availability of screening necessary for current or future determinations regarding post- traumatic stress disorder (PTSD); (E) the availability of counseling for suicide prevention; and (F) the provision and scope of training for pre- deployment counselors; (4) identify, from among the best practices identified under paragraphs (1), (2), and (3), best practices to be adopted across the military departments in order to ensure the uniform availability to such members of meaningful and effective pre-deployment counseling and services; and (5) make such recommendations in any practices identified under paragraph (4) as the panel considers appropriate to enhance the counseling and services identified under that paragraph. (c) Report.--Not later than 120 days after the date of the enactment of this Act, the panel appointed under subsection (a) shall submit to the Secretary and the congressional defense committees a report on its actions under this section. The report shall set forth in comprehensive detail the best practices identified under subsection (b)(4) and any recommendations for improvements in such best practices made under subsection (b)(5). (d) Implementation.--Not later than 120 days after the date of the receipt of the report required by subsection (c), the Secretary shall ensure the implementation by the military departments of the best practices identified under subsection (b)(4), together with any improvements recommended under subsection (b)(5). (e) Congressional Defense Committees Defined.--In this section, the term ``congressional defense committees'' means-- (1) the Committees on Armed Services and Appropriations of the Senate; and (2) the Committees on Armed Services and Appropriations of the House of Representatives. | Protecting Military Family Financial Benefits Act of 2007 - Allows an unmarried member of the Armed Forces with one or more dependent children, upon becoming eligible to participate in the Survivor Benefit Plan (SBP), to elect to provide an SBP annuity to an individual who acts as a guardian or caretaker to the dependent child or children. Directs the Secretary of Defense to appoint a panel to review and identify best practices among pre-deployment counseling and services provided by the military departments to unmarried members of the Armed Forces with dependent children. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fire-Safe Communities Act''. SEC. 2. DEFINITIONS. In this Act, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Federal Emergency Management Agency. (2) Applicable model ordinance.--The term ``applicable model ordinance'' means either-- (A) the Federal model ordinance required by section 3(a); or (B) a State model ordinance described in section 3(d). (3) Appropriate review panel.--The term ``appropriate review panel'' means a panel of individuals who-- (A)(i) are fire protection experts; or (ii) have significant expertise in fire management, fire policy, community planning, or issues related to a fire hazard area; and (B) are appointed by the Administrator. (4) Director.--The term ``Director'' means the Director of the National Institute of Standards and Technology. (5) Fire hazard area.--The term ``fire hazard area'' means an area at significant risk from wildland fire as determined by the applicable State forestry agency or equivalent State agency. (6) Fire-safe communities.--The term ``fire-safe community'' means-- (A) a subdivision of a State that has adopted local ordinances that are consistent with each element set out in section 3(b); or (B) a municipality at risk that has adopted local ordinances that are consistent with some but not all of the elements set out in section 3(b), if the Administrator determines that local conditions make the incorporation of such elements impractical or counterproductive for such municipality. (7) Municipality at risk.--The term ``municipality at risk'' means a subdivision of a State that is located in a fire hazard area. SEC. 3. MODEL ORDINANCES FOR COMMUNITIES IN FIRE HAZARD AREAS. (a) In General.--Not later than 18 months after the date of the enactment of this Act, the Director shall publish a Federal model ordinance for municipalities at risk that contains the elements described in subsection (b). (b) Elements.--A model ordinance required by subsection (a) shall include the following elements with respect to fire prevention and management: (1) Specifications for construction materials and techniques for use in such communities. (2) Guidelines for the placement of utilities, defensible space, and vegetation management. (3) Enforcement mechanisms for compliance with defensible space requirements. (4) Zoning and site design standards for new residential construction, including the width and placement of surrounding fuel breaks and description of unsafe areas to locate new homes, such as the top of highly dangerous canyons that funnel wildfire heat. (5) Specifications for water supplies for firefighting. (6) Requirements for adequate firefighting protection, including requirements for fire stations and equipment. (7) Guidelines for the participation of fire professionals in the development of local fire protection models. (8) Standards for roads, culverts, and bridges. (9) Guidelines for the marking of buildings and homes. (c) Development of Federal Model Ordinance.-- (1) Consultation.--In developing the model ordinance required by subsection (a), the Director-- (A) shall consult with the Administrator, the Chief of the Forest Service, and the Director of the Bureau of Land Management; and (B) may consult with others, including private entities that write fire codes. (2) Existing standards.--The Director may incorporate into the Federal model ordinance all or part of existing consensus- based standards for fire hazard areas, or other model codes (such as the International Wildland-Urban Interface Code or National Fire Protection Association standards). (d) State Model Ordinances.--A State may adopt model ordinances incorporating appropriate elements set out in subsection (b) for the communities of such State. (e) Authorization of Appropriations.--There is authorized to be appropriated $7,500,000 to carry out subsection (a). SEC. 4. FIRE MANAGEMENT ASSISTANCE GRANTS FOR FIRE-SAFE COMMUNITIES. (a) In General.-- (1) Fire management assistance grant program.--The Administrator may modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-Federal share of funds, as set forth in paragraph (2). (2) Non-federal share.--If a municipality at risk has adopted an applicable model ordinance and is making significant progress toward implementing that model ordinance, the Administrator may reduce the required amount for such non- Federal share to 10 percent of the grant amount. (b) Rulemaking.--Not later than 18 months after the date of the enactment of this Act, the Administrator shall complete a rulemaking-- (1) to define ``significant progress toward implementing that model ordinance'' as used in subsection (a); and (2) to establish other procedures and requirements for decreasing the non-Federal share for the Fire Management Assistance Grant Program pursuant to subsection (a). (c) Fire Management Assistance Grant Program Defined.--In this section, the term ``Fire Management Assistance Grant Program'' means the fire management assistance grant program carried out pursuant to section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187). SEC. 5. GRANTS FOR RESPONSIBLE DEVELOPMENT. (a) In General.--Subject to the availability of funds for this purpose, the Administrator shall provide grants to municipalities at risk-- (1) to encourage responsible development in State- identified fire-prone regions; and (2) to mitigate the catastrophic effects of fires. (b) Use of Funds.--Grants awarded under this section may be used as follows: (1) By fire-safe communities to implement or enforce local ordinances consistent with an applicable model ordinance. (2) To carry out programs to provide education to community planners and local fire departments on code enforcement and fire-resistant planning, zoning, and home construction. (3) To enforce requirements related to residential construction or brush clearing requirements. (4) To create fire maps using geographic information system technology and provide training in such technology. (5) To provide education to the public on fire-safe practices. (c) Maximum Grant Awards.--The amount of a grant awarded under this section may not be more than $1,000,000. (d) Applications.-- (1) In general.--An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require. (2) Matching requirement.-- (A) In general.--Subject to subparagraph (B), the Administrator shall require that a municipality that receives a grant under this subsection provide non- Federal funds in an amount equal to 25 percent of the amount of such grant. (B) Waiver.--The Administrator may waive the requirement of subparagraph (A) in extraordinary circumstances. (3) Review.--Applications for grants under this section shall be reviewed by an appropriate review panel established by the Administrator. (e) Schedule.--A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and each fiscal year thereafter. SEC. 6. GRANTS FOR FIRE-HAZARD ASSESSMENT MAPS. (a) In General.--The Administrator shall provide grants to States to create or update fire-hazard assessment maps. (b) Use of Funds.--Grants awarded under this section may be used as follows: (1) To develop or update maps that assess fire hazard in a State. (2) To conduct studies and to provide equipment, personnel, or other resources necessary to develop or update such maps. (c) Maximum Grant Awards.-- (1) Amount.--The amount of a grant awarded under this section may not be more than $1,000,000. (2) Requirement for matching funds.--A State that receives a grant under this section shall provide an equal amount of State funds to create or update fire-hazard assessment maps. (d) Applications.-- (1) In general.--An application for a grant under this section shall be made at such time and in such manner as the Administrator shall require. (2) Review.--Applications for grants under this section shall be reviewed by an appropriate review panel established by the Administrator. (e) Schedule.--A grant awarded under this section shall be expended not later than 3 years after the date the grant is awarded. (f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $15,000,000 for fiscal year 2008 and each fiscal year thereafter. SEC. 7. FOREST SERVICE AND DEPARTMENT OF THE INTERIOR GRANTS FOR COMMUNITY FIRE PROTECTION. (a) Grants by Department of the Interior; Inclusion of Non-Forested Areas.--Subsection (a) of section 10A of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106c) is amended-- (1) in the matter preceding paragraph (1)-- (A) by inserting ``and the Secretary of the Interior'' after ``The Secretary''; and (B) by striking ``and equivalent State officials'' and inserting ``equivalent State officials, and local officials''; (2) in paragraph (3)-- (A) by striking ``trees and forests'' and inserting ``trees, forests, and rangelands''; and (B) by inserting ``and rangeland'' after ``overall forest''; and (3) in paragraph (4)-- (A) by inserting ``and rangeland'' after ``all forest''; and (B) by inserting ``and other vegetation'' after ``forest cover''. (b) Community and Private Land Fire Assistance Program.--Subsection (b) of such section is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``and'' at the end; (B) in subparagraph (D), by striking ``wildfires.'' and inserting ``wildfires; and''; and (C) by adding at the end the following new subparagraph: ``(E) to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances.''; (2) by striking paragraph (2) and inserting the following new paragraph: ``(2) Administration and implementation.--The Program shall be administered by the Chief of the Forest Service and the Secretary of the Interior and implemented through State foresters or equivalent State officials.''; (3) in paragraph (3)-- (A) in the matter preceding subparagraph (A), by striking ``Secretary,'' and inserting ``Secretary and the Secretary of the Interior''; (B) by redesignating subparagraphs (F), (G), and (H) as subparagraphs (G), (H), and (I), respectively; and (C) by inserting after subparagraph (E) the following new subparagraph: ``(F) programs to build the capacity of local governments to design and maintain fire-resistant communities;''; (4) in paragraph (4), by inserting ``or the Secretary of the Interior'' after ``by the Secretary''; and (5) in paragraph (5), by inserting ``and the Secretary of the Interior'' after ``The Secretary''. (c) Pilot Program for Fire-Safe Communities.--Such section 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) Pilot Program for Fire-Safe Communities To Coordinate Across Jurisdictional Boundaries.-- ``(1) Authority.--The Secretary and the Secretary of the Interior may carry out a pilot program to assess the feasibility and advisability of providing assistance to fire- safe communities located near Federal land to assist in Federal efforts to prevent and manage fires. ``(2) Grants.--The Secretary and the Secretary of the Interior may carry out the pilot program through the award of grants for purposes of the pilot program. ``(3) Use of grant funds.--A recipient of a grant under the pilot program may use the grant for any of the following: ``(A) To implement or enforce local ordinances consistent with the Federal model ordinance or applicable State model ordinance. ``(B) To complete cooperative fire agreements that articulate the roles and responsibilities for Federal, State, and local government entities in local wildfire suppression and protection. ``(C) To develop or implement community wildfire protection plans to better focus resources to address priority areas for hazardous fuels reduction projects. ``(D) To expand education programs to raise the awareness of homeowners and citizens of wildland fire protection practices. ``(E) To implement training programs for firefighters on wildland firefighting techniques and approaches. ``(F) To acquire equipment acquisition to facilitate wildland fire preparedness. ``(4) Matching requirement.-- ``(A) In general.--Subject to subparagraph (B), a person who receives a grant under the pilot program shall provide non-Federal funds in an amount equal to 25 percent of the amount of such grant. ``(B) Waiver.--The Secretary or the Secretary of the Interior may waive the requirements of subparagraph (A) in extraordinary circumstances. ``(5) Fire-safe community defined.--In this subsection, the term `fire-safe community' has the meaning given that term in section 2 of the Fire-Safe Communities Act.''. (d) Authorization of Appropriations.--Subsection (e) of such section, as redesignated by subsection (c), is amended-- (1) in the matter preceding paragraph (1), by striking ``to the Secretary''; (2) in paragraph (1), by striking ``and'' at the end; and (3) by striking paragraph (2) and inserting the following new paragraphs: ``(2) to the Secretary-- ``(A) $35,000,000 for each of fiscal years 2008 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter; and ``(3) to the Secretary of the Interior-- ``(A) $15,000,000 for each of fiscal years 2008 through 2013; and ``(B) such sums as are necessary for each fiscal year thereafter.''. (e) Conforming Amendment.--Subsection (d) of such section, as redesignated by subsection (c), is amended by inserting ``and the Secretary of the Interior'' after ``section, the Secretary''. | Fire-Safe Communities Act - Requires the Director of the National Institute of Standards and Technology (NIST) to publish a federal model ordinance for municipalities at risk (subdivisions located in a fire hazard area) that includes specified elements regarding fire prevention and management, such as: (1) specifications for construction materials and techniques for use in such communities; and (2) standards for roads, culverts, and bridges. Authorizes the Administrator of the Federal Emergency Management Agency (FEMA) to modify, for a municipality at risk, the requirements of the Fire Management Assistance Grant Program related to the provision of a non-federal share of funds, so that if such a municipality has adopted an applicable model ordinance and is making significant progress toward implementing it, the Administrator may reduce the required non-federal share to 10% of the grant amount. Directs the Administrator to provide grants to: (1) municipalities at risk to encourage responsible development in state-identified fire-prone regions and to mitigate the catastrophic effects of fires; and (2) states to create or update fire-hazard assessment maps. Amends the Cooperative Forestry Assistance Act of 1978 to: (1) include as a purpose of the Community and Private Land Fire Assistance Program to enhance the capacity of local governments to integrate fire-resistant community and home design into local planning, zoning, building code, and brush clearing ordinances; and (2) authorize a pilot program to assess the feasibility and advisability of providing assistance to fire-safe communities located near federal land. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sentencing Improvement Act of 1993''. SEC. 2. FLEXIBILITY IN APPLICATION OF MANDATORY MINIMUM SENTENCE PROVISIONS IN CERTAIN CIRCUMSTANCES. (a) Amendment of Title 18, United States Code.--Section 3553 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(f) Exception to Certain Statutory Minimum Sentencing Provisions.-- ``(1) Sentencing under this section.--In the case of an offense described in paragraph (2), the court shall, notwithstanding the requirement of a mandatory minimum sentence, impose a sentence in accordance with this section and the sentencing guidelines and any pertinent policy statement issued by the United States Sentencing Commission. ``(2) Offenses.--An offense is described in this paragraph if-- ``(A) the defendant is subject to a mandatory minimum term of imprisonment for violating, attempting to violate, or conspiring to violate section 401 or 404 of the Controlled Substances Act (21 U.S.C. 841 and 844) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960); ``(B) the defendant does not have more than 1 criminal history point under the sentencing guidelines; ``(C) the defendant did not cause, attempt to cause, or credibly threaten to cause the death of, or serious bodily injury to, any person during the course of the offense; ``(D) the defendant did not carry or otherwise possess a firearm or explosive during the course of the offense and did not direct another person to do so; ``(E) the defendant was not an organizer, leader, manager, or supervisor of others (as determined under the sentencing guidelines) in the offense; and ``(F) the offense did not result in death or serious bodily injury as a result of-- ``(i) the use of the controlled substance; or ``(ii) the act of any person which was reasonably foreseeable and for which the defendant is legally accountable.''. (b) Conforming Amendments.--(1) Section 401(b) of the Controlled Substances Act (21 U.S.C. 841(b)) is amended by inserting ``or section 3553(f) of title 18, United States Code,'' after ``420 of this title'' the first time it appears. (2) Section 404(a) of the Controlled Substances Act (21 U.S.C. 844(a)) is amended by striking the penultimate sentence and inserting the following: ``A mandatory minimum sentence required by this section shall not apply in the case of a person subject to section 3553(f) of title 18, United States Code.''. (3) Section 1010(a) of the Controlled Substances Import and Export Act (21 U.S.C. 960(a)) is amended by inserting ``, except as provided in section 3553(f) of title 18, United States Code'' before the period. (4) Section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) is amended by adding at the end thereof the following new paragraph: ``(3) This section shall not apply to any determination of a defendant's criminal history under the sentencing guidelines, including any determination of criminal history that, under section 3553(f) of title 18, United States Code, disqualifies the defendant from consideration for a sentence below an otherwise applicable mandatory minimum.''. (c) Harmonization.--The United States Sentencing Commission-- (1) may make such amendments as it deems necessary and appropriate to harmonize the sentencing guidelines and policy statements with section 3553(f) of title 18, United States Code, as added by subsection (a), and promulgate policy statements to assist the courts in interpreting that provision; (2) shall review the consideration of defendants' criminal histories under the guidelines and make such amendments to the sentencing guidelines and policy statements as the Commission determines necessary and appropriate to ensure that-- (A) defendants with significant criminal histories resulting from foreign convictions are sentenced commensurate with the seriousness of their prior criminal records to the extent that consideration of such foreign convictions is constitutional and practical; (B) defendants with juvenile adjudications involving significant acts of misconduct are sentenced commensurate with the seriousness of such misconduct to the extent that consideration of such misconduct is practical and relevant to the purposes of sentencing; and (C) the assignment to a defendant of a single criminal history point adequately reflects the seriousness of such a defendant's prior criminal conduct; and (3) may promulgate any such amendments under the procedures set forth in section 21(a) of the Sentencing Act of 1987 (Public Law 100-182; 101 Stat. 1271), as though the authority under that section had not expired. (d) Sentencing Commission Study.--The United States Sentencing Commission shall monitor the operation of this Act and the amendments made by this Act and, not later than 18 months following the date of enactment of this Act, provide a report to Congress describing-- (1) sentences imposed under the Act; (2) the findings pursuant to the review mandated by subsection (c)(2); and (3) any recommendations for changes in the Act that the Commission believes are warranted. (e) Effective Date.--The amendments made by subsections (a) and (b) and any amendments to the sentencing guidelines and policy statements made by the United States Sentencing Commission pursuant to subsection (c) shall apply with respect to sentences imposed for offenses committed on or after the date of enactment of this Act. | Sentencing Improvement Act of 1993 - Amends the Federal criminal code to provide for the application of the sentencing guidelines (and any pertinent policy statement issued by the U.S. Sentencing Commission) for certain nonviolent drug offenses in which a mandatory minimum term of imprisonment would otherwise be required (nonviolent drug offense provision). Directs the Sentencing Commission to review the consideration of defendants' criminal histories under the guidelines and amend the guidelines and policy statements to ensure that: (1) defendants with significant criminal histories resulting from foreign convictions are sentenced commensurate with the seriousness of their prior criminal records to the extent that consideration of such foreign convictions is constitutional and practical; (2) defendants with juvenile adjudications involving significant acts of misconduct are sentenced commensurate with the seriousness of such misconduct to the extent that consideration of such misconduct is practical and relevant to the purposes of sentencing; and (3) the assignment to a defendant of a single criminal history point adequately reflects the seriousness of such a defendant's prior criminal conduct. Authorizes the Sentencing Commission to: (1) make such amendments as it deems necessary and appropriate to harmonize the sentencing guidelines and policy statements with the nonviolent drug offense provision; (2) promulgate policy statements to assist the courts in interpreting that provision; and (3) promulgate any such amendments that came to light under the criminal histories review under the procedures set forth under the Sentencing Act of 1987 as if the authority to do so under such Act had not expired. Requires the Sentencing Commission to monitor the operation of this Act and report to the Congress describing: (1) sentences imposed under the Act; (2) the findings pursuant to the criminal histories review; and (3) any recommendations for changes in the Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Youth Apprenticeship Opportunity Act of 1993''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that-- (1) a significant proportion of youth in the United States lack the necessary skills to meet employer requirements for entry level positions; (2) significant numbers of our youth are doing poorly in school and will eventually drop out because school seems irrelevant to them; (3) the American workplace is changing in response to new technology and heightened international competition, and the jobs of the future will demand different and higher level skills for which too many of our youth are not currently trained; (4) in contrast to many competitor nations, the United States has virtually no programs to provide support for youth in making the transition from school to gainful employment; (5) the vast majority of American workers who do not attend or complete college lack the skills necessary to secure satisfying and gainful employment; (6) work-based learning models are effective approaches to preparing youth, beginning at the secondary school level, for high-wage, high-skilled employment; (7) three-fourths of American youth do not earn college degrees, and many of those who do not could benefit from a more structured method of attaining job skills, knowledge and abilities; (8) the United States lacks a comprehensive approach towards helping youth make the transition from school to the workplace; (9) as a consequence of these policies, real wages have declined and there is rising inequality in wages between those who are well-trained and those who are not; (10) since global economic competition is making it impossible for the United States to maintain a high standard of living for the majority of its people without changes in human capital policy, the choice facing the United States is either to become a Nation of high skills or one of declining living standards; (11) if the United States is to become a Nation of high skills and high performance work organization, there must be a fundamental change in the approach of the United States to work, education, and training; and (12) to accomplish that change, American business, labor, Federal, State, and local governments, and the education community must join together and invest the time, talent, and resources necessary to provide American youth the opportunity to participate in high quality youth apprenticeships that will lead to satisfying and gainful employment opportunities. (b) Purposes.--The purposes of this Act are to-- (1) establish a nationally recognized system for the youth apprenticeship approach to learning, while allowing States to customize the model to economic, demographic, and other local conditions; (2) establish a process that engages the business community in partnerships with education to develop the capacity of workplaces to serve as learning sites in order to ensure that youth apprentices acquire academic and work-based competencies and become skilled, flexible entry-level workers; (3) encourage businesses and labor organizations to participate in youth apprenticeship programs; (4) encourage the public sector to participate in youth apprenticeship programs; (5) motivate the nation's young people to remain in school, improve their basic skills, and become productive citizens by providing the opportunity to gain marketable skills while establishing a relationship with a prospective employer; (6) prepare the youth of the United States for employment in high-wage, high-skilled occupations; (7) provide for high achievement standards in order to instill pride, self-esteem, and purpose in youth apprentices; (8) establish a systematic transition for youth apprentice students from school to work by linking the academic curriculum with a curriculum of work-site experience and learning; and (9) enhance the youth apprentice's prospects for immediate employment after leaving school in positions that provide significant opportunity for continued education and career development. SEC. 3. DEFINITIONS. For the purpose of this Act, the following definitions apply-- (1) the term ``youth apprenticeship program'' means a program that-- (A) integrates academic instruction and work-based learning; (B) provides for work-site learning and paid work experience; (C) is offered to students beginning in the 11th grade; (D) is intended to---- (i) result in receipt of a high school diploma and an approved certificate of competency; and (ii) lead, as appropriate, to entry into a postsecondary program, a program registered under the National Apprenticeship Act, or permanent employment; and (E) otherwise meets the requirements of this Act. (2) The term ``youth apprenticeship agreement'' means the written agreement between the employer, local educational agency, student, and parent which defines the parties' respective roles and responsibilities under the program. (3) The term ``youth apprentice'' means a student who is at least 16 years of age, who is currently enrolled in a public secondary school as defined in paragraph (21) of section 1471 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2891(21), and who is participating in a youth apprenticeship program which meets the requirements of this Act. (4) The term ``employer'' means any person or organization employing a youth apprentice under youth apprenticeship program which meets the requirements of this Act. (5) The term ``State'' means any of the several States, the District of Columbia, American Samoa, the Federated States of Micronesia, Guam, the Republic of the Marshall Islands, the Commonwealth of the Northern Mariana Islands, Palau, the Commonwealth of Puerto Rico, and the Virgin Islands. (6) The term ``State Board'' has the meaning provided in section 521 of the Carl D. Perkins Vocational and Applied Technology Act (Carl D. Perkins Act) (20 U.S.C. 2301 et seq.). (7) The term ``local educational agency'' has the meaning provided in section 521(22) of the Carl D. Perkins Vocational and Applied Technology Act (Carl D. Perkins Act) (20 U.S.C. 2471). (8) The term ``skilled mentor'' means the individual at the work site who instructs the apprentice, critiques performance, challenges the apprentice to perform well, and works in cooperation with classroom teachers. (9) The term ``institution of higher education'' has the meaning provided in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (10) The term ``work-site training'' means hands-on work that is performed for an employer under the supervision of a skilled mentor which, when integrated with appropriate occupational and academic instruction, will lead to proficiency in an occupational area and for which financial compensation is provided. SEC. 4. STATE PROGRAM RESPONSIBILITIES AND ADMINISTRATION. (a) No later than fiscal year 1995 and in each year thereafter, each State Board that receives funds pursuant to this Act shall make grants to local educational agencies in a manner that ensures-- (1) the widest possible participation among interested 11th and 12th grade students; and (2) that grants to local educational agencies will be of sufficient size, scope, and quality to assure the development of high quality youth apprenticeship programs; (b) State Boards are also encouraged to consider designating an institution(s) of higher education to serve as a youth apprenticeship research and curriculum center to work with the State Board, local schools, community colleges, employers, and any other organizations or individuals that the State Board may deem appropriate, to develop appropriate curricula, occupational standards and assessments, and to provide technical assistance as necessary in the development and implementation of youth apprenticeship programs; and (c) Not more than 5 percent of the funds authorized to be appropriated in fiscal year 1995 and for any year thereafter may be used for administrative expenses in carrying out the purposes of this Act. SEC. 5. LOCAL EDUCATIONAL AGENCY RESPONSIBILITIES. (a) Each local educational agency that receives a grant under this Act must implement a youth apprenticeship program that-- (1) Integrates occupational, technical, and academic instruction; (2) Integrates work-site training and classroom instruction throughout the initial 2 years (grades 11 and 12) of the apprenticeship program; (3) Provides career counseling and any other career exploration opportunities that may be appropriate to ensure that students and parents are made aware of apprenticeship options before such students complete the 10th grade; (4) Offers apprenticeships to students beginning in the 11th grade with the option to pursue an additional 1 or 2 years of instruction and training in a community or technical college; (5) Ensures that a sufficient number of credits obtained during the postsecondary portion of youth apprenticeship programs are transferable so that students may pursue a 4-year college degree; (6) Ensures that each participating student enters into a written youth apprenticeship agreement that is signed by a school official, the employer, the student, and parent or guardian; (7) Ensures that employers will devote the staff, facilities, and equipment necessary to provide youth apprentices with adequate work-site supervision, quality instruction, and hands-on training on an ongoing basis; (8) Ensures that youth apprentices are provided with adequate and safe equipment and a safe and healthful workplace in conformity with all applicable Federal and State health and safety standards; (9) Provides instruction sufficient to enable youth apprentices to satisfy State requirements for a high school diploma together with an appropriate skills certificate, upon completion of the 12th grade; (10) Provides youth apprentice who successfully completes the requisite 1 or 2 years of postsecondary instruction and training the opportunity to obtain an associate degree or a mastery of skills certificate; (11) Ensures that students receive financial compensation from employers for work performed; and (12) Establishes an entity at the local level, such as a steering committee comprised of representatives of education, industry, labor, and the community, to assist in the planning and oversight of youth apprenticeship programs. (b) In designing and implementing their youth apprenticeship programs, local educational agencies are encouraged to consider-- (1) Forming school advisory committees whose members include both vocational and academic teachers to provide appropriate assistance and counseling to students who are either engaged in or considering participation in a youth apprenticeship program; (2) Using the tech-prep education program model, as authorized by part E, title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2394 et seq.), for the academic instruction component and for any classroom instruction for the occupational/technical training components of a youth apprenticeship program, in order to enhance opportunities for youth apprentices to enter into programs leading to an associate degree or certificate in an occupational field or program; and (3) Using State and local vocational educational and job training funds in support of youth apprenticeship programs. SEC. 6. RESPONSIBILITIES OF THE SECRETARY OF EDUCATION. The Secretary of Education shall-- (a) make grants to States in a manner consistent with Part A of title I of the Carl D. Perkins Vocational and Applied Technology Act (20 U.S.C. 2301 et seq.) for the design and implementation of youth apprenticeship programs provided for under this Act; (b) establish, no later than January 1, 1994, an Information Clearinghouse on Youth Apprenticeships as set forth in section 8 of this Act; (c) identify, no later than January 1, 1994, no less than 3 successful youth apprenticeship programs that might serve as model programs; (d) conduct studies and, no later than January 1, 1996, submit a report to the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources on-- (1) the extent to which states are implementing youth apprenticeship programs that meet the requirements of this Act; (2) the numbers of students participating in youth apprenticeship programs, on a state-by-state basis; (3) the extent to which youth apprenticeship programs are impacting drop-out rates; and (4) any other issues the Secretary deems appropriate; (e) after consultation with the Secretary of Labor, make recommendations, no later than January 1, 1996, to the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources on further statutory changes that may be necessary to-- (1) facilitate the successful implementation of youth apprenticeship programs; (2) ensure the availability of youth apprenticeship programs to all students who may benefit from such programs; (3) facilitate coordination with other Federal educational and occupational training programs, including, but not limited to programs specified in section 9 of this Act; (4) ensure that students engaged in youth apprenticeships are receiving the academic instruction necessary to enable them to go on to obtain a 4-year college degree; and (5) promulgate regulations, as appropriate; (f) Not more than 3 percent of the funds authorized to be appropriated for any fiscal year may be used for administrative expenses in carrying out this Act. SEC. 7. RESPONSIBILITIES OF THE SECRETARY OF LABOR. The Secretary of Labor shall-- (a) provide technical assistance to the Secretary of Education upon request; (b) assist in the development of recommendations to be made to the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources as set forth under section 6, paragraph (e) of this Act; and (c) conduct a study, in consultation with the Secretary of Education, on the feasibility of establishing national occupational standards to measure the achievement levels and/or mastery of skills demonstrated by students who complete youth apprenticeships--such study shall consider the feasibility of establishing such standards for youth apprentices who successfully complete the initial 2 years of the program as well as for youth apprentices who successfully complete an additional 1 or 2 years of postsecondary instruction and training. The results of this study shall be provided to the House Committee on Education and Labor and the Senate Committee on Labor and Human Resources no later than January 1, 1995. SEC. 8. INFORMATION CLEARINGHOUSE ON YOUTH APPRENTICESHIPS. There shall be established within the Department of Education an Information Clearinghouse on Youth Apprenticeships. The functions of the clearinghouse are to-- (a) house information on youth apprenticeship programs, including the model youth apprenticeship programs identified by the Secretary pursuant to section 6, paragraph (c) of this Act; and (b) disseminate information, upon request from State Boards or local educational agencies, including information necessary for the replication of the model youth apprenticeship programs. SEC. 9. COORDINATION WITH OTHER FEDERAL EDUCATION AND TRAINING PROGRAMS. (a) Vocational Education.-- (1) Section 235(c) of the Carl D. Perkins Vocational and Applied Technology Act (Carl D. Perkins Act) (20 U.S.C. 2301 et seq.) is amended-- (A) by redesignating respectively subparagraphs (G) through (N), as (H) through (O); and (B) by inserting the following new subparagraph (G)-- ``(G) youth apprenticeship programs;''. (2) A tech-prep education program, authorized by part E, title III of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2394 et seq.), may serve as the classroom portion of the academic and work-based learning components for the job training component of a youth apprenticeship program. (b) Job Training.-- (1) Youth apprenticeship programs are education and training programs for purposes of state education coordination and grants under section 123 of the Job Training Partnership Act (29 U.S.C. 1533). (2) To the extent consistent with law, and otherwise appropriate, youth programs carried out under Part A and Part B of title II of the Job Training Partnership Act should be merged with programs carried out under this Act. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. (a) There are authorized to be appropriated $100,000,000 for fiscal year 1994 and such sums as may be necessary for fiscal years 1995 through 1998 to carry out the purposes of this Act. | National Youth Apprenticeship Opportunity Act of 1993 - Establishes a national system of support for State youth apprenticeship programs that: (1) integrate academic and work-based learning; (2) provide for work-site learning and paid work experience; (3) are offered to students (16 years old or older) beginning in the 11th grade; and (4) are intended to result in receipt of a high school diploma and an approved certificate of competency, and, as appropriate, entry into a postsecondary program, a program registered under the National Apprenticeship Act, or permanent employment. Requires State boards of vocational education that receive funds under this Act to make grants to local educational agencies (LEAs) for such programs. Sets forth program responsibilities of LEA grantees. Directs the Secretary of Education (the Secretary) to: (1) make such program grants to States; (2) establish, in the Department of Education, an Information Clearinghouse on Youth Apprenticeships; and (3) identify at least three successful youth apprenticeship programs to serve as models. Directs the Secretary of Labor to: (1) provide technical assistance to the Secretary upon request; and (2) study and report to specified congressional committees on the feasibility of establishing national occupational standards to measure achievement and skills mastery demonstrated by students who complete youth apprenticeships. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Credit Protection Act''. SEC. 2. OUTREACH TO VETERANS REGARDING EFFECT OF CERTAIN DELAYED PAYMENTS BY DEPARTMENT OF VETERANS AFFAIRS CHIEF BUSINESS OFFICE. (a) Outreach.--The Secretary of Veterans Affairs shall conduct outreach, including through national and local veterans service organizations, to inform veterans of how to resolve credit issues caused by delayed payment of a claim for emergency hospital care, medical services, or other emergency health care furnished through a non-Department of Veterans Affairs provider. The Secretary shall establish a toll-free telephone number for veterans to report such credit issues to the Chief Business Office of the Department of Veterans Affairs. (b) Annual Report.-- (1) In general.--The Secretary of Veterans Affairs shall annually submit to Congress a report on the effectiveness of the Chief Business Office in providing timely payment of proper invoices for emergency hospital care, medical services, or other emergency health care furnished through non-Department of Veterans Affairs providers by the required payment date during both the five-year period preceding the date of the report and the one-year period preceding such date. For any part of the period covered by a report under this subsection that occurred before October 1, 2014, the report shall evaluate the provision of such payments by the Veterans Integrated Service Networks. (2) Matters included.--The reports under paragraph (1) shall include, for each period covered by the report, the following: (A) The number of veterans who contacted the Secretary regarding a delayed payment that negatively affected, or will potentially negatively affect, the credit of the veteran. (B) The total amount of interest penalties paid by the Secretary of Veterans Affairs under section 3902 of title 31, United States Code, by reason of a delayed payment. (C) The number of proper invoices submitted, listed in a table for each quarter and fiscal year of each such period that includes-- (i) the total amount owed by the Secretary under the proper invoices; (ii) the payment status of each proper invoice, as of the date of the report; and (iii) the period that elapsed until each proper invoice was paid, including an explanation of any delayed payment. (D) Any comments regarding delayed payments made by medical providers. (E) A description of the best practices that the Chief Business Office can carry out to provide timely payment of a proper invoice, including a plan to improve such timely payments. (c) Quarterly Reports on Pending Claims.--The Chief Business Office of the Department of Veterans Affairs shall submit to Congress quarterly reports on the number of pending claims for reimbursement for emergency hospital care, medical services, and other emergency health care furnished through non-Department of Veterans Affairs providers. Each such report shall include each of the following: (1) The total number of such pending claims for each hospital system of the Department, as of the last day of the quarter covered by the report. (2) The total number of veterans who submitted such a pending claim in each State, as of such day. (3) The aggregate amount of all such pending claims in each State, as of such day. (4) As of such day-- (A) the number of such pending claims that have been pending for 30 days or longer; (B) the number of such pending claims that have been pending for 90 days or longer; and (C) the number of such pending claims that have been pending for 365 days or longer. (5) For each hospital system, for the quarter covered by the report-- (A) the number of claims for reimbursement for emergency hospital care, medical services, and other emergency health care furnished through non-Department of Veterans Affairs providers approved during such quarter; (B) the number of such claims denied during such quarter; and (C) the number of such claims denied listed by each denial reason group. (d) Comptroller General Study.-- (1) In general.--The Comptroller General of the United States shall conduct a study that evaluates the effectiveness of the Chief Business Office in providing timely payment of a proper invoice for emergency hospital care, medical services, or other emergency health care furnished through non-Department of Veterans Affairs providers by the required payment date. (2) Submittal.--The Comptroller General shall submit to Congress a report on the study conducted under paragraph (1), including the total amount of interest penalties paid by the Secretary of Veterans Affairs under section 3902 of title 31, United States Code, by reason of a delayed payment. (e) Definitions.--In this section: (1) The term ``delayed payment'' means a proper invoice that is not paid by the Secretary of Veterans Affairs until after the required payment date. (2) The term ``proper invoice'' has the meaning given that term in section 3901(a) of title 31, United States Code. (3) The term ``required payment date'' means the date that payment is due for a contract pursuant to section 3903(a) of title 31, United States Code. | Veterans' Credit Protection Act Directs the Department of Veterans Affairs (VA) to: (1) conduct outreach to inform veterans of how to resolve credit issues caused by a delayed payment of a claim for emergency hospital care, medical services, or other emergency health care furnished through a non-VA provider; and (2) establish a toll-free telephone number for veterans to report such issues to the Chief Business Office of the VA. Requires the VA to report annually on the effectiveness of such Office in providing timely payment of proper invoices for emergency hospital care, medical services, or other emergency health care furnished through non-VA providers by the required payment date during both the preceding five-year period and the preceding one-year period. Requires the report, for any part of the period covered by such a report that occurred before October 1, 2014, to evaluate the provision of such payments by the Veterans Integrated Service Networks. Requires such report to include: the number of veterans who contacted the VA regarding delayed payments that could negatively affect their credit; the total amount of interest penalties paid by the VA by reason of delayed payments; the number of proper invoices submitted, the amount owed for and the payment status of such invoices, and the periods that elapsed before such invoices were paid; any comments regarding delayed payments made by medical providers; and a description of the best practices to provide timely payment of a proper invoice, including a plan to improve such timely payments. Directs: (1) the Office to submit to Congress quarterly reports on the number of pending claims for reimbursement for emergency hospital care, medical services, and other emergency health care furnished through non-VA providers; and (2) the Comptroller General to conduct a study that evaluates the effectiveness of the Office in providing timely payment of a proper invoice for such care by the required payment date. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevention and Deterrence of Crimes Against Children Act of 2005''. SEC. 2. ASSURED PUNISHMENT FOR VIOLENT CRIMES AGAINST CHILDREN. (a) Special Sentencing Rule.--Subsection (d) of section 3559 of title 18, United States Code, is amended to read as follows: ``(d) Mandatory Minimum Terms of Imprisonment for Violent Crimes Against Children.--A person who is convicted of a Federal crime of violence against the person of an individual who has not attained the age of 18 years shall, unless a greater mandatory minimum sentence of imprisonment is otherwise provided by law and regardless of any maximum term of imprisonment otherwise provided for the offense-- ``(1) if the crime of violence results in the death of a person who has not attained the age of 18 years, be sentenced to death or life in prison; ``(2) if the crime of violence is a kidnapping, sexual assault, or maiming, or results in serious bodily injury (as defined in section 1365) be imprisoned for life or any term of years not less than 30; ``(3) if the crime of violence results in bodily injury (as defined in section 1365), be imprisoned for life or for any term of years not less than 20; ``(4) if a dangerous weapon was used during and in relation to the crime of violence, be imprisoned for life or for any term of years not less than 15; and ``(5) in any other case, be imprisoned for life or for any term of years not less than 10.''. SEC. 3. ENSURING FAIR AND EXPEDITIOUS FEDERAL COLLATERAL REVIEW OF CONVICTIONS FOR KILLING A CHILD. (a) Limits on Cases.--Section 2254 of title 28, United States Code, is amended by adding at the end the following: ``(j)(1) A court, justice, or judge shall not have jurisdiction to consider any claim relating to the judgment or sentence in an application described under paragraph (2), unless the applicant shows that the claim qualifies for consideration on the grounds described in subsection (e)(2). Any such application that is presented to a court, justice, or judge other than a district court shall be transferred to the appropriate district court for consideration or dismissal in conformity with this subsection, except that a court of appeals panel must authorize any second or successive application in conformity with section 2244 before any consideration by the district court. ``(2) This subsection applies to an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a individual who has not attained the age of 18 years. ``(3) For an application described in paragraph (2), the following requirements shall apply in the district court: ``(A) Any motion by either party for an evidentiary hearing shall be filed and served not later than 90 days after the State files its answer or, if no timely answer is filed, the date on which such answer is due. ``(B) Any motion for an evidentiary hearing shall be granted or denied not later than 30 days after the date on which the party opposing such motion files a pleading in opposition to such motion or, if no timely pleading in opposition is filed, the date on which such pleading in opposition is due. ``(C) Any evidentiary hearing shall be-- ``(i) convened not less than 60 days after the order granting such hearing; and ``(ii) completed not more than 150 days after the order granting such hearing. ``(D) A district court shall enter a final order, granting or denying the application for a writ of habeas corpus, not later than 15 months after the date on which the State files its answer or, if no timely answer is filed, the date on which such answer is due, or not later than 60 days after the case is submitted for decision, whichever is earlier. ``(E) If the district court fails to comply with the requirements of this paragraph, the State may petition the court of appeals for a writ of mandamus to enforce the requirements. The court of appeals shall grant or deny the petition for a writ of mandamus not later than 30 days after such petition is filed with the court. ``(4) For an application described in paragraph (2), the following requirements shall apply in the court of appeals: ``(A) A timely filed notice of appeal from an order issuing a writ of habeas corpus shall operate as a stay of that order pending final disposition of the appeal. ``(B) The court of appeals shall decide the appeal from an order granting or denying a writ of habeas corpus-- ``(i) not later than 120 days after the date on which the brief of the appellee is filed or, if no timely brief is filed, the date on which such brief is due; or ``(ii) if a cross-appeal is filed, not later than 120 days after the date on which the appellant files a brief in response to the issues presented by the cross- appeal or, if no timely brief is filed, the date on which such brief is due. ``(C)(i) Following a decision by a panel of the court of appeals under subparagraph (B), a petition for panel rehearing is not allowed, but rehearing by the court of appeals en banc may be requested. The court of appeals shall decide whether to grant a petition for rehearing en banc not later than 30 days after the date on which the petition is filed, unless a response is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the response is filed or, if no timely response is filed, the date on which the response is due. ``(ii) If rehearing en banc is granted, the court of appeals shall make a final determination of the appeal not later than 120 days after the date on which the order granting rehearing en banc is entered. ``(D) If the court of appeals fails to comply with the requirements of this paragraph, the State may petition the Supreme Court or a justice thereof for a writ of mandamus to enforce the requirements. ``(5)(A) The time limitations under paragraphs (3) and (4) shall apply to an initial application described in paragraph (2), any second or successive application described in paragraph (2), and any redetermination of an application described in paragraph (2) or related appeal following a remand by the court of appeals or the Supreme Court for further proceedings. ``(B) In proceedings following remand in the district court, time limits running from the time the State files its answer under paragraph (3) shall run from the date the remand is ordered if further briefing is not required in the district court. If there is further briefing following remand in the district court, such time limits shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, the date on which such brief is due. ``(C) In proceedings following remand in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date the remand is ordered if further briefing is not required in the court of appeals. If there is further briefing in the court of appeals, the time limit specified in paragraph (4)(B) shall run from the date on which a responsive brief is filed or, if no timely responsive brief is filed, from the date on which such brief is due. ``(6) The failure of a court to meet or comply with a time limitation under this subsection shall not be a ground for granting relief from a judgment of conviction or sentence, nor shall the time limitations under this subsection be construed to entitle a capital applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.''. (b) Victims' Rights in Habeas Cases.--Section 3771(b) of title 18, United States Code, is amended by adding at the end the following: ``The rights established for crime victims by this section shall also be extended in a Federal habeas corpus proceeding arising out of a State conviction to victims of the State offense at issue.'' (c) Application to Pending Cases.-- (1) In general.--The amendment made by this section apply to cases pending on the date of the enactment of this Act as well as to cases commenced on and after that date. (2) Special rule for time limits.--In a case pending on the date of the enactment of this Act, if the amendment made by subsection (a) provides that a time limit runs from an event or time that has occurred before that date, the time limit shall instead run from that date. | Prevention and Deterrence of Crimes Against Children Act of 2005 - Rewrites provisions of the federal criminal code regarding penalties for crimes against children to require a person convicted of a federal crime of violence against an individual under age 18 to be sentenced to: (1) death or life imprisonment if the crime results in the death of a person under age 18; (2) life or at least 30 years imprisonment if the crime is a kidnaping, sexual assault, or maiming, or results in serious bodily injury; (3) life or at least 20 years imprisonment if the crime results in bodily injury; (4) life or at least 15 years imprisonment if a dangerous weapon was used during and in relation to the crime; and (5) life or at least ten years imprisonment in any other case. Denies a court, justice, or judge jurisdiction to consider claims relating to the judgment or sentence in an application for writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court for a crime that involved the killing of a person under age 18. Sets timetables for proceedings. Extends certain rights associated with habeas corpus proceedings to victims of the State offense at issue. Makes this Act applicable to pending cases. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens' Privacy Commission Act of 2001''. SEC. 2. FINDINGS. Congress finds the following: (1) Americans are increasingly concerned about their civil liberties and the security, collection, use, and distribution of their personal information by government, including medical records and genetic information, educational records, health records, tax records, library records, driver's license numbers, and other records. (2) The shift from a paper based government to an information technology reliant government calls for a reassessment of the most effective way to balance personal privacy and information use, keeping in mind the potential for unintended effects on technology development and privacy needs. (3) Concerns have been raised about the adequacy of existing government privacy laws and the adequacy of their enforcement in light of new technologies. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Citizens' Privacy Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES OF COMMISSION. (a) Study.--The Commission shall conduct a study of issues relating to protection of individual privacy and the appropriate balance to be achieved between protecting individual privacy and allowing appropriate uses of information, including the following: (1) The collection, use, and distribution of personal information by Federal, State, and local governments. (2) Current efforts and proposals to address the collection, use, and distribution of personal information by Federal and State governments, including-- (A) existing statutes and regulations relating to the protection of individual privacy, including section 552a of title 5, United States Code (commonly referred to as the Privacy Act of 1974) and section 552 of that title (commonly referred to as the Freedom of Information Act); and (B) privacy protection efforts undertaken by the Federal Government, State governments, foreign governments, and international governing bodies. (3) The extent to which individuals in the United States can obtain redress for privacy violations by government. (b) Field Hearings.--The Commission shall conduct at least 3 field hearings in different geographical regions of the United States. (c) Report.-- (1) In general.--Not later than 18 months after the appointment of all members of the Commission-- (A) a majority of the members of the Commission shall approve a report; and (B) the Commission shall submit the approved report to the Congress and the President. (2) Contents.--The report shall include a detailed statement of findings, conclusions, and recommendations regarding government collection, use and disclosure of personal information, including the following: (A) Findings on potential threats posed to individual privacy. (B) Analysis of purposes for which sharing of information is appropriate and beneficial to the public. (C) Analysis of the effectiveness of existing statutes, regulations, technology advances, third-party verification, and market forces in protecting individual privacy. (D) Recommendations on whether additional legislation or regulation is necessary, and if so, specific suggestions on proposals to reform or augment current laws and regulations relating to citizens' privacy. (E) Analysis of laws, regulations, or proposals which may impose unreasonable costs or burdens, raise constitutional concerns, or cause unintended harm in other policy areas, such as security, law enforcement, medical research and treatment, employee benefits, or critical infrastructure protection. (F) Cost analysis of legislative or regulatory changes proposed in the report. (G) Recommendations on non-legislative solutions to individual privacy concerns, including new technology, education, best practices, and third party verification. (H) Recommendations on alternatives to government collection of information, including private sector retention. (I) Review of the effectiveness and utility of third-party verification. (d) Additional Report.--Together with the report under subsection (c), the Commission shall submit to the Congress and the President any additional report of dissenting opinions or minority views by a member of the Commission. (e) Interim Report.--The Commission may submit to the Congress and the President an interim report approved by a majority of the members of the Commission. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 11 members appointed as follows: (1) 2 members appointed by the President. (2) 2 members appointed by the Majority Leader of the Senate. (3) 2 members appointed by the Minority Leader of the Senate. (4) 2 members appointed by the Speaker of the House of Representatives. (5) 2 members appointed by the Minority Leader of the House of Representatives. (6) 1 member, who shall serve as Chairperson of the Commission, appointed jointly by the President, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives. (b) Diversity of Views.--The appointing authorities under subsection (a) shall seek to ensure that the membership of the Commission has a diversity of experiences and expertise on the issues to be studied by the Commission, such as views and experiences of Federal, State, and local governments, the media, the academic community, consumer groups, public policy groups and other advocacy organizations, civil liberties experts, and business and industry (including small business, the information technology industry, the health care industry, and the financial services industry). (c) Date of Appointment.--The appointment of the members of the Commission shall be made not later than 30 days after the date of the enactment of this Act. (d) Terms.--Each member of the Commission shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled in the same manner in which the original appointment was made. (f) Compensation; Travel Expenses.--Members of the Commission shall serve without pay, 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. (g) Quorum.--A majority of the members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Meetings.-- (1) In general.--The Commission shall meet at the call of the Chairperson or a majority of its members. (2) Initial meeting.--Not later than 45 days after the date of the enactment of this Act, the Commission shall hold its initial meeting. SEC. 6. DIRECTOR; STAFF; EXPERTS AND CONSULTANTS. (a) Director.-- (1) In general.--Not later than 40 days after the date of enactment of this Act, the Chairperson of the Commission shall appoint a Director without regard to the provisions of title 5, United States Code, governing appointments to the competitive service. (2) Pay.--The Director shall be paid at the rate payable for level III of the Executive Schedule established under section 5314 of such title. (b) Staff.--The Director may appoint staff as the Director determines appropriate. (c) Applicability of Certain Civil Service Laws.-- (1) In general.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (2) Pay.--The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, but at rates not in excess of the maximum rate for grade GS-15 of the General Schedule under section 5332 of that title. (d) Experts and Consultants.--The Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.-- (1) In general.--Upon request of the Director, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Commission to assist it in carrying out this Act. (2) Notification.--Before making a request under this subsection, the Director shall give notice of the request to each member of the Commission. SEC. 7. POWERS OF COMMISSION. (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) Powers of Members and Agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Information.-- (1) In general.--Except as provided in paragraph (2), if the Chairperson of the Commission submits a request to a Federal department or agency for information necessary to enable the Commission to carry out this Act, the head of that department or agency shall furnish that information to the Commission. (2) Exception for national security.--If the head of that department or agency determines that it is necessary to guard that information from disclosure to protect the national security interests of the United States, the head shall not furnish that information to the Commission. (d) Website.--The Commission shall establish a website to facilitate public participation and the submission of public comments. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (f) Administrative Support Services.--Upon the request of the Director, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out this Act. (g) Gifts and Donations.--The Commission may accept, use, and dispose of gifts or donations of services or property to carry out this Act, but only to the extent or in the amounts provided in advance in appropriation Acts. (h) Contracts.--The Commission may contract with and compensate persons and government agencies for supplies and services, without regard to section 3709 of the Revised Statutes (41 U.S.C. 5). (i) Subpoena Power.-- (1) In general.--The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the Commission is empowered to investigate by section 4. The attendance of witnesses and the production of evidence may be required by such subpoena from any place within the United States and at any specified place of hearing within the United States. (2) Failure to obey a subpoena.--If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (3) Service of subpoenas.--The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. (4) Service of process.--All process of any court to which application is made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. SEC. 8. PRIVACY PROTECTIONS. (a) Destruction or Return of Information Required.--Upon the conclusion of the matter or need for which individually identifiable information was disclosed to the Commission, the Commission shall either destroy the individually identifiable information or return it to the person or entity from which it was obtained, unless the individual that is the subject of the individually identifiable information has authorized its disclosure. (b) Disclosure of Information Prohibited.--The Commission-- (1) shall protect individually identifiable information from improper use; and (2) may not disclose such information to any person, including the Congress or the President, unless the individual that is the subject of the information has authorized such a disclosure. (c) Proprietary Business Information and Financial Information.-- The Commission shall protect from improper use, and may not disclose to any person, proprietary business information and proprietary financial information that may be viewed or obtained by the Commission in the course of carrying out its duties under this Act. (d) Individually Identifiable Information Defined.--In this section, the term ``individually identifiable information'' means any information, whether oral or recorded in any form or medium, that identifies an individual, or with respect to which there is a reasonable basis to believe that the information can be used to identify an individual. SEC. 9. BUDGET ACT COMPLIANCE. Any new contract authority authorized by this Act shall be effective only to the extent or in the amounts provided in advance in appropriation Acts. SEC. 10. TERMINATION. The Commission shall terminate 30 days after submitting a report under section 4(c). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission $3,000,000 to carry out this Act. (b) Availability.--Any sums appropriated pursuant to the authorization in subsection (a) shall remain available until expended. | Citizens' Privacy Commission Act of 2001 - Establishes the Citizen's Privacy Commission to study and report to Congress and the President on issues relating to protection of individual privacy and the appropriate balance to be achieved between protecting such privacy and allowing appropriate uses of information, including: (1) the collection, use, and distribution of personal information by government; (2) privacy protection efforts and proposals of government; and (3) individual redress for privacy violations by government.Prescribes privacy protections to be employed by the Commission. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Black Lung Benefits Act Amendments of 1993''. SEC. 2. CLAIMS PROCEDURE. The Black Lung Benefits Act is amended by adding at the end the following new part: ``PART D--SPECIAL PROVISIONS ``SEC. 441. CLAIMS. ``(a) Standard.--If a claim is filed after the date of the enactment of this section under part C for death or total disability of a miner due to pneumoconiosis, such miner shall be presumed to have been totally disabled by pneumoconiosis or to have died because of pneumoconiosis if the conditions described in any one of the following paragraphs are met: ``(1) A single positive chest roentgenogram (x-ray), biopsy, or autopsy of such miner indicates the existence of pneumoconiosis. ``(2) A single set of ventilatory studies of such miner indicates the presence of a chronic respiratory or pulmonary disease that meets or exceeds the severity standards of regulations of the Secretary of Health and Human Services published at 20 C.F.R. 410.490(b)(1)(ii). ``(3) A single set of blood gas studies of such miner indicates the presence of an impairment in the transfer of oxygen from the lungs to the blood that meets or exceeds the severity standards of regulations of the Secretary of Labor published at 20 C.F.R. 727.203(a)(3). ``(4) Other medical evidence involving such miner, including the documented opinion of a physician exercising reasonable medical judgment, indicates the presence of a respiratory disease or pulmonary impairment that would prevent the miner from performing his usual coal mine work. The person who submits such claim shall not be required to prove the matters described in paragraph (1), (2), (3), or (4) by a preponderance of the evidence or by any higher evidentiary standard. ``(b) Causation.-- ``(1) If a claim is filed after the date of the enactment of this section under part C for death or total disability due to pneumoconiosis and if the miner with respect to whom the claim was filed worked 10 or more years in a coal mine and presents evidence which proves the evidence of the matter described in any paragraph of subsection (a), there shall be a rebuttable presumption that the miner's pneumoconiosis arose out of the miner's coal mine employment. No evidence shall be excluded in determining the length of a miner's coal mine employment. In the absence of complete Social Security Administration records, affidavits from the miner's co-workers shall be accepted as sufficient proof of the coal miner's period of employment. ``(2) If a miner is unable to prove 10 years of employment in a coal mine, the miner may prove that the miner's pneumoconiosis is due to the miner's coal mine employment through other evidence. ``(c) Rebuttal of Presumption.-- ``(1) The presumption under subsection (a) that a miner is totally disabled by pneumoconiosis may be rebutted only if-- ``(A) there is evidence that establishes that the claimant is in fact doing the claimant's usual coal mine work, or ``(B) in light of all relevant evidence, it is established that the miner is able to do the miner's usual coal mine work or comparable and gainful work. A physician's opinion that the miner is not totally disabled shall not rebut such presumption when invoked by qualifying ventilatory studies or arterial blood gas testing. ``(2) In connection with a rebuttal of a presumption under subsection (a), the Secretary of Labor may submit not more than 1 opinion from an examining or consulting physician and not more than 3 x-ray readings to supplement such evidence. ``(3) The presumption under subsection (b) may be rebutted only by clear and convincing proof that the miner's pneumoconiosis, established by a condition described in subsection (a), did not arise, in whole or in part, out of the miner's coal mine employment. ``SEC. 442. APPLICATION OF SECTION 441. ``(a) In General.--Section 441 shall apply to all claims filed under part C on and after the date of the enactment of this Act, except that the Secretary of Labor shall review any claim that-- ``(1) was filed under part B or part C, and ``(2) is either pending on the date of enactment of this Act or has been denied on or before such date, to determine if the evidence establishes eligibility under the presumption of section 441(a). The Secretary shall review each such claim regardless of whether the claimant also filed any subsequent claim under part B or C or such claim resulted in an award of benefits. The Secretary's review of a claim which resulted in the award of benefits may not result in the reversal or forfeiture of such benefits. The Secretary shall promptly notify each claimant having a claim subject to review under this subsection that the claim shall be reviewed by the Secretary in accordance with this subsection. ``(b) Procedure.-- ``(1) In carrying out the review of a claim under subsection (a), the Secretary shall not allow the claimant or any other party to submit additional medical or other evidence if the Secretary determines that the evidence on file meets the criteria of eligibility set forth in section 441(a). If the Secretary determines that the evidence on file does not meet the criteria of eligibility set forth in section 441(a), the Secretary shall provide an opportunity for the claimant to present additional medical or other evidence to substantiate the claimant's claim under such criteria and shall notify the claimant of that opportunity. The Secretary shall not be permitted to supplement the evidence in any claim reviewed under subsection (a). Each claim reviewed under this section shall be afforded the administrative and judicial review that is afforded claims that are not subject to this section. ``(2) If a claim is determined under subsection (a) to meet the eligibility requirements of section 441(a), the individual for which the claim was submitted shall be awarded benefits prospectively (unless, at the time of such determination, the individual is receiving black lung benefits prospectively pursuant to an award made in connection with a separate claim) and retroactively for any period beginning on or after January 1, 1974, for which the claimant (1) has not received benefits, and (2) is eligible under the statutory and regulatory provisions governing the retroactive payment of benefits for claims that are not subject to the special review required by subsection (a). ``SEC. 443. PAYMENT OF BENEFITS. Benefits payable under any claim which is determined under section 441 or 442 to be eligible for benefits shall be paid from the fund. ``SEC. 444. JUDICIAL REVIEW. ``A claimant who files a claim after the date of enactment of this Act and whose claim is denied by the Department of Labor's Benefits Review Board pursuant to the procedure of section 21(b) of the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 921(b)), may petition for review in the United States District Court for the district in which the claimant last worked as a coal miner or where the claimant resides at the time the appeal is filed, whichever the claimant chooses. Section 205(g) of the Social Security Act (42 U.S.C. 405(g)) shall govern all such petitions for review, except that (1) each reference therein to the Secretary shall be interpreted as meaning the Secretary of Labor, and (2) if the claim was denied because of the application of a regulation which violates this Act or any other Federal law, the period in which a claimant may petition for review shall not apply. A petition for review under this section may not be denied because the claimant has not exhausted the administrative remedies available to the claimant. ``SEC. 445. SURVIVORS AND DEPENDENTS. ``(a) In General.--The Secretary shall award the survivor or dependent of a deceased miner benefits under a claim under part C if the conditions in any one of the following paragraphs are met: ``(1) The deceased miner worked 25 years or more in one or more coal mines. ``(2) The miner's death was due in whole or in part to pneumoconiosis. ``(3) The miner was receiving benefits for pneumoconiosis at the time of the miner's death. ``(4) The miner had a claim for benefits for pneumoconiosis pending at the time of the miner's death-- ``(A) in which the existing medical evidence or such evidence combined with any additional medical evidence submitted by survivors or dependents demonstrates a level of impairment sufficient to qualify for benefits under section 441(a), or ``(B) in which the medical evidence was not sufficient to qualify for benefits under section 441(a) but lay evidence (i) demonstrates by a preponderance of the evidence the existence of a respiatory disease or pulmonary impairment that would prevent the miner from performing the miner's usual coal mine work, and (ii) such disease or impairment is established in accordance with section 441(b)(2) as resulting from the miner's coal mine work. ``(b) Definition.--For purposes of this section, survivors and dependents are those individuals who filed claims under part C after the date of enactment of this Act or whose claims under part B or C are eligible for review under section 442. ``SEC. 446. GENERAL PROVISIONS. ``(a) Multiple Claims.--If a claimant has had a claim denied under this Act, the Secretary shall permit the claimant to file an additional claim under this part without a showing of a material change in the claim. Such an additional claim shall be considered de novo on the merits. ``(b) Appeals by the Secretary.--The Secretary may not file an appeal from a decision of the Deputy Commissioner, the Office of Administrative Law Judges, the Benefits Review Board, or a district court of the United States with respect to a claim under this part which is adverse to the Secretary. ``(c) Reopening Claims.--No claim under this part under which the claimant was awarded benefits and with respect to which no appeal is pending may be reopened by the Secretary unless the Secretary offers reasonable evidence to suspect fraud in connection with the adjudication of the claim.''. SEC. 3. CONFORMING AMENDMENT. Section 224(a)(2)(B) of the Social Security Act (42 U.S.C. 424a(a)(2)(B)) is amended by striking out ``and (iv)'' and inserting in lieu thereof ``(iv)'' and by inserting at the end the following: ``and (v) benefits payable under the Black Lung Benefits Act,''. SEC. 4. BENEFIT REPAYMENTS. Part C of the Black Lung Benefits Act is amended by adding at the end the following: ``Sec. 436. (a) In the administration of the benefits payable under this part, if a claimant receives benefits under this part under a claim but before final adjudication of the claim for benefits is made and if the final adjudication is that the claimant is ineligible for benefits, the payment of such benefits to the claimant shall not be considered an overpayment of benefits and the claimant shall not be legally responsible for the return of such benefits. ``(b) If, before the date of the enactment of this section, a claimant received benefits under this part under a claim but before a final adjudication of the claim for benefits was made, the claimant will not be required to repay such benefits. If, before the date of the enactment of this section, a claimant who received benefits under this part under a claim but before final adjudication of the claim for benefits was made was required under regulations of the Secretary to repay the benefits as an overpayment of benefits, the Secretary shall refund to the claimant the amount repaid by the claimant.''. SEC. 5. WIDOW'S BENEFITS. (a) In General.--In the administration of the Black Lung Benefits Act-- (1) a widow of a miner who received or is receiving benefits under that Act shall not be disqualified to receive such benefits if the widow remarries, and (2) a widow of a miner shall be entitled to receive such benefits without regard to the length of time the widow was married to the miner. Any regulations of the Secretary of Labor which disqualify a widow described in paragraph (1) or impose a minimum marriage period as described in paragraph (2) shall on and after the date of the enactment of this Act have no legal effect. Applications.--Any widow who on the date of the enactment of this Act is entitled to receive benefits under the Black Lung Benefits Act because of subsection (a) shall file a claim for such benefits within 3 years of the date of the enactment of this Act. | Black Lung Benefits Act Amendments of 1993 - Amends the Black Lung Benefits Act to provide special procedures for certain pneumoconiosis claims. Sets forth new standards for evidence in death and total disability claims, especially as to causation by coal mine employment. Applies that such new eligibility standards to: (1) all new claims; and (2) all pending and prior denied claims, after review under new standards. Provides that all benefits payable under any claim determined under such new eligibility standards shall be paid from the Black Lung Disability Trust Fund, which is financed by the coal industry (thus eliminating coal operators as defendants with legal counsel in black lung disability cases). Sets forth new rules for judicial review of black lung claims. Requires award of black lung benefits to survivors or dependents of a deceased miner if any of specified conditions are met. Permits claimants who have had a black lung claim denied to submit an additional claim, without a showing of a material change, for de novo consideration on the merits. Prohibits the Secretary of Labor from: (1) appealing adverse decisions on black lung claims; or (2) reopening a black lung claim under which benefits were awarded and with respect to which no appeal is pending, unless the Secretary offers reasonable evidence to suspect fraud. Provides that, when benefits are paid after an initial determination of eligibility, repayment of such benefits will not be required even upon a final determination of ineligibility. Requires that a miner's widow: (1) not be disqualified from receiving benefits upon remarriage; and (2) be entitled to receive benefits regardless of the length of marriage to the miner. Amends the Social Security Act to preclude exempt black lung benefits from offsetting certain social security benefits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community-Based Residency Training Act of 2009''. SEC. 2. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS. Part C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by adding at the end the following: ``SEC. 749. TRAINING OF MEDICAL RESIDENTS IN COMMUNITY-BASED SETTINGS. ``(a) Program.--The Secretary shall establish a program for the training of medical residents in community-based settings consisting of awarding grants and contracts under this section. ``(b) Development and Operation of Community-Based Programs.--The Secretary shall make grants to, or enter into contracts with, eligible entities-- ``(1) to plan and develop a new primary care residency training program, which may include-- ``(A) planning and developing curricula; ``(B) recruiting and training residents and faculty; and ``(C) other activities designated to result in accreditation of such a program; or ``(2) to operate or participate in an established primary care residency training program, which may include-- ``(A) planning and developing curricula; ``(B) recruitment and training of residents; and ``(C) retention of faculty. ``(c) Eligible Entity.--To be eligible to receive a grant or contract under subsection (b), an entity must be designated as eligible to receive payment for the direct costs of medical education under section 1886(k) of the Social Security Act. ``(d) Preferences.--In awarding grants and contracts under paragraph (1) or (2) of subsection (b), the Secretary shall give preference to entities that-- ``(1) support teaching programs that address the health care needs of vulnerable populations; or ``(2) are a Federally qualified health center (as defined in section 1861(aa)(4) of the Social Security Act) or a rural health clinic (as defined in section 1861(aa)(2) of such Act). ``(e) Additional Preferences for Established Programs.--In awarding grants and contracts under subsection (b)(2), the Secretary shall give preference to entities that have a demonstrated record of training-- ``(1) a high or significantly improved percentage of health professionals who provide primary care; ``(2) individuals who are from disadvantaged backgrounds (including racial and ethnic minorities underrepresented among primary care professionals); or ``(3) individuals who practice in settings having the principal focus of serving underserved areas or populations experiencing health disparities (including serving patients eligible for medical assistance under title XIX of the Social Security Act or for child health assistance under title XXI of such Act or those with special health care needs). ``(f) Period of Awards.-- ``(1) In general.--The period of a grant or contract under this section-- ``(A) shall not exceed 3 years for awards under subsection (b)(1); and ``(B) shall not exceed 5 years for awards under subsection (b)(2). ``(2) Special rules.-- ``(A) An award of a grant or contract under subsection (b)(1) shall not be renewed. ``(B) The period of a grant or contract awarded to an entity under subsection (b)(2) shall not overlap with the period of any grant or contact awarded to the same entity under subsection (b)(1). ``(g) Report.--The Secretary shall submit to the Congress an annual report on the program carried out under this section. ``(h) Definitions.--In this section: ``(1) Health disparities.--The term `health disparities' includes health and health care disparities and means population-specific differences in the presence of disease, health outcomes, or access to health care. For purposes of the preceding sentence, a population may be delineated by race, ethnicity, primary language, sex, sexual orientation, gender identity, disability, socioeconomic status, or rural, urban, or other geographic setting, and any other population or subpopulation determined by the Secretary to experience significant gaps in disease, health outcomes, or access to health care. ``(2) Primary care resident.--The term `primary care resident' has the meaning given the term in section 1886(h)(5)(H) of the Social Security Act. ``(3) Primary care residency training program.--The term `primary care residency training program' means a program that-- ``(A) is an approved medical residency training program described in section 1886(h)(5)(A) of the Social Security Act for primary care residents; and ``(B) in the case of entities seeking awards under subsection (b)(2), is accredited, or operates in partnership with a program that is accredited, by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association. ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated the following: ``(1) $40,800,000 for fiscal year 2011. ``(2) $43,010,000 for fiscal year 2012. ``(3) $45,050,000 for fiscal year 2013. ``(4) $47,260,000 for fiscal year 2014. ``(5) $49,640,000 for fiscal year 2015.''. | Community-Based Residency Training Act of 2009 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish a program for the training of medical residents in community-based settings. Requires the Secretary to make grants to, or enter into contracts with, eligible entities (i.e., entities designated as eligible to receive payment for the direct costs of medical education under provisions of the Social Security Act pertaining to payment to nonhospital providers) to: (1) plan and develop a new primary care residency training program; and (2) operate or participate in an established primary care residency training program. Directs the Secretary to give preference to entities that: (1) support teaching programs that address the health care needs of vulnerable populations; (2) are a federally qualified health center or a rural health clinic; or (3) have a demonstrated record of training a high or significantly improved percentage of health professionals who provide primary care, individuals who are from disadvantaged backgrounds, or individuals who practice in settings having the principal focus of serving underserved areas or populations experiencing health disparities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Empowerment Zone Act of 2009''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Designation of health empowerment zones. Sec. 5. Assistance to those seeking designation. Sec. 6. Benefits of designation. Sec. 7. Definition. Sec. 8. Authorization of appropriations. SEC. 3. FINDINGS. (a) Findings.--The Congress finds the following: (1) Numerous studies and reports, including the National Healthcare Disparities Report and Unequal Treatment, the 2002 Institute of Medicine Report, document the extensiveness to which health disparities exist across the country. (2) These studies have found that, on average, racial and ethnic minorities are disproportionately afflicted with chronic and acute conditions--such as cancer, diabetes, and hypertension--and suffer worse health outcomes, worse health status, and higher mortality rates than their White counterparts. (3) Several recent studies also show that health disparities are a function of not only access to health care, but also the social determinants of health--including the environment, the physical structure of communities, nutrition and food options, educational attainment, employment, race, ethnicity, geography, and language preference--that directly and indirectly affect the health, health care, and wellness of individuals and communities. (4) Integrally involving and fully supporting the communities most affected by health inequities in the assessment, planning, launch, and evaluation of health disparity elimination efforts is among the leading recommendations made to adequately address and ultimately reduce health disparities. (5) Recommendations also include supporting the efforts of community stakeholders from a broad cross section--including, but not limited to local businesses, local departments of commerce, education, labor, urban planning, and transportation, and community-based and other nonprofit organizations--to find areas of common ground around health disparity elimination and collaborate to improve the overall health and wellness of a community and its residents. SEC. 4. DESIGNATION OF HEALTH EMPOWERMENT ZONES. (a) In General.--At the request of an eligible community partnership, the Secretary may designate an eligible area as a health empowerment zone. (b) Eligibility Criteria.-- (1) Eligible community partnership.--A community partnership is eligible to submit a request under this section if the partnership-- (A) demonstrates widespread public support from key individuals and entities in the eligible area, including State and local governments, nonprofit organizations, and community and industry leaders, for designation of the eligible area as a health empowerment zone; and (B) includes representatives of-- (i) a broad cross section of stakeholders and residents from communities in the eligible area experiencing disproportionate disparities in health status and health care; and (ii) organizations, facilities, and institutions that have a history of working within and serving such communities. (2) Eligible area.--An area is eligible to be designated as a health empowerment zone under this section if one or more communities in the area experience disproportionate disparities in health status and health care. In determining whether a community experiences such disparities, the Secretary shall consider the data collected by the Department of Health and Human Services focusing on the following areas: (A) Access to high-quality health services. (B) Arthritis, osteoporosis, and chronic back conditions. (C) Cancer. (D) Chronic kidney disease. (E) Diabetes. (F) Injury and violence prevention. (G) Maternal, infant, and child health. (H) Medical product safety. (I) Mental health and mental disorders. (J) Nutrition and overweight. (K) Disability and secondary conditions. (L) Educational and community-based health programs. (M) Environmental health. (N) Family planning. (O) Food safety. (P) Health communication. (Q) Health disease and stroke. (R) HIV/AIDS. (S) Immunization and infectious diseases. (T) Occupational safety and health. (U) Oral health. (V) Physical activity and fitness. (W) Public health infrastructure. (X) Respiratory diseases. (Y) Sexually transmitted diseases. (Z) Substance abuse. (AA) Tobacco use. (BB) Vision and hearing. (c) Procedure.-- (1) Request.--A request under subsection (a) shall-- (A) describe the bounds of the area to be designated as a health empowerment zone and the process used to select those bounds; (B) demonstrate that the partnership submitting the request is an eligible community partnership described in subsection (b)(1); (C) demonstrate that the area is an eligible area described in subsection (b)(2); (D) include a comprehensive assessment of disparities in health status and health care experience by one or more communities in the area; (E) set forth-- (i) a vision and a set of values for the area; and (ii) a comprehensive and holistic set of goals to be achieved in the area through designation as a health empowerment zone; and (F) include a strategic plan for achieving the goals described in subparagraph (E)(ii). (2) Approval.--Not later than 60 days after the receipt of a request for designation of an area as a health empowerment zone under this section, the Secretary shall approve or disapprove the request. (d) Minimum Number.--The Secretary-- (1) shall designate not more than 110 health empowerment zones under this section; and (2) shall designate at least one health empowerment zone in each of the several States, the District of Columbia, and each territory or possession of the United States. SEC. 5. ASSISTANCE TO THOSE SEEKING DESIGNATION. At the request of any organization or entity seeking to submit a request under section 4(a), the Secretary shall provide technical assistance, and may award a grant, to assist such organization or entity-- (1) to form an eligible community partnership described in subsection (b)(1); (2) to complete a health assessment, including an assessment of health disparities under subsection (c)(1)(D); or (3) to prepare and submit a request, including a strategic plan, in accordance with section 4. SEC. 6. BENEFITS OF DESIGNATION. (a) Priority.--In awarding any competitive grant, a Federal official shall give priority to any applicant that-- (1) meets the eligibility criteria for the grant; (2) proposes to use the grant for activities in a health empowerment zone; and (3) demonstrates that such activities will directly and significantly further the goals of the strategic plan approved for such zone under section 4. (b) Grants for Initial Implementation of Strategic Plan.-- (1) In general.--Upon designating an eligible area as a health empowerment zone at the request of an eligible community partnership, the Secretary shall, subject to the availability of appropriations, make a grant to the community partnership for implementation of the strategic plan for such zone. (2) Grant period.--A grant under paragraph (1) for a health empowerment zone shall be for a period of 2 years and may be renewed, except that the total period of grants under paragraph (1) for such zone may not exceed 10 years. (3) Limitation.--In awarding grants under this subsection, the Secretary shall not give less priority to an applicant or reduce the amount of a grant because the Secretary rendered technical assistance or made a grant to the same applicant under section 5. (4) Reporting.--The Secretary shall require each recipient of a grant under this subsection to report to the Secretary not less than every 6 months on the progress in implementing the strategic plan for the health empowerment zone. SEC. 7. DEFINITION. In this Act, the term ``Secretary'' means the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Office of Minority Health, and in cooperation with the Director of the Office of Community Services and the Director of the National Center for Minority Health and Health Disparities. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. To carry out this Act, there is authorized to be appropriated $100,000,000 for fiscal year 2010. | Health Empowerment Zone Act of 2009 - Authorizes the Secretary of Health and Human Services (HHS), at the request of a broad-based community partnership, to designate a community that experiences disproportionate disparities in health status and health care as a health empowerment zone. Requires federal officials to give priority in awarding competitive grants to grants used in or benefiting a health empowerment zone. Directs the Secretary to provide: (1) technical assistance (or grants) to entities seeking to form a community partnership or obtain a health empowerment zone designation for a community; and (2) grants to community partnerships for implementation of the strategic plan for a health empowerment zone. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Iranian Energy Sector and Proliferation Sanctions Act''. SEC. 2. EXPANSION OF SANCTIONS WITH RESPECT TO THE ENERGY SECTOR OF IRAN. (a) Sense of Congress.--It is the sense of the Congress that-- (1) as noted in United Nations Security Council Resolution 1929 (2010), the revenues derived by the Government of Iran from the energy sector of Iran may be used to fund Iran's proliferation-sensitive nuclear activities; and (2) the energy sector of Iran should be regarded as a zone of proliferation concern with which no legitimate international business should be conducted. (b) Imposition of Sanctions With Respect to Certain Entities in the Energy Sector of Iran.-- (1) In general.--Except as specifically provided in this section, beginning on the date that is 60 days after the date of the enactment of this Act, the President shall impose sanctions pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) with respect to any person that conducts any transaction with, or invests in, any entity described in paragraph (2). (2) Entity described.--An entity described in this paragraph is-- (A) any entity that-- (i) is organized under the laws of Iran or otherwise subject to the jurisdiction of the Government of Iran; and (ii)(I) is involved in the development, production, extraction, or transportation of petroleum, refined petroleum products, natural gas, or petrochemical products, without regard to whether such development, production, extraction, or transportation occurs in Iran; or (II) provides financing or other services with respect to such development, production, extraction, or transportation; and (B) any entity that provides goods, services, or technology to an entity described in subparagraph (A). (3) Services defined.--For purposes of this subsection, the term ``services'' includes transportation, insurance, reinsurance, software, hardware, financial, professional consulting, engineering, specialized energy information, and support services. (c) Applicability of Sanctions With Respect to Crude Oil Purchases From Iran.--Sanctions imposed pursuant to subsection (b) shall not apply with respect to a person that purchases crude oil from Iran, or with respect to a person that provides goods, services, or technology to facilitate or enable such a purchase, if an exemption under paragraph (4)(D) of section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1648) to the imposition of sanctions under paragraph (1) of that section applies with respect to the country with primary jurisdiction over the person that purchases crude oil from Iran at the time of the purchase. (d) Waiver.--The President may waive the imposition of sanctions under subsection (b) for a period of not more than 120 days, and may renew that waiver for additional periods of not more than 120 days, if the President-- (1) determines that such a waiver is vital to the national security of the United States; and (2) submits to Congress a report-- (A) providing a justification for the waiver; and (B) that includes any concrete cooperation the President has received or expects to receive as a result of the waiver. (e) Report.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Comptroller General of the United States shall submit to the appropriate congressional committees a report that identifies each entity described in subsection (b)(2). (2) Form of report.--Each report submitted under this subsection shall be submitted in unclassified form, but may contain a classified annex. (f) Rule of Construction.--Nothing in this section shall be construed to require or authorize the imposition of sanctions with respect to any person that participates in, or provides services to, a joint venture established before January 1, 2002, with respect to the development of petroleum resources outside of Iran. (g) Definitions.--In this section-- (1) the term ``appropriate congressional committees'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note); (2) the term ``petrochemical product'' includes any aromatic, olefin, or synthesis gas, and any derivative of such a gas, including ethylene, propylene, butadiene, benzene, toluene, xylene, ammonia, methanol, and urea; and (3) the ``refined petroleum products'' has the meaning given the term in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172; 50 U.S.C. 1701 note). | Iranian Energy Sector and Proliferation Sanctions Act - Directs the President to impose specified sanctions against a person that conducts any transaction with, or invests in, any entity that: (1) is organized under Iranian law or otherwise subject to Iranian jurisdiction and is involved in the production, extraction, or transportation of petroleum, refined petroleum products, natural gas, or petrochemical products, or provides financing or other services with respect to such activities; and (2) provides to such entity technology, goods, or services (including transportation, insurance, computer, financial, consulting, and engineering services). Exempts from such sanctions certain crude oil purchases from Iran if a specified exemption under the National Defense Authorization Act for Fiscal Year 2012 applies to the country with primary jurisdiction over the purchaser. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Supporting Families in Substance Abuse Treatment Act''. SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS FOR CHILDREN WITH PARENTS IN A LICENSED RESIDENTIAL FAMILY-BASED TREATMENT FACILITY FOR SUBSTANCE ABUSE. (a) In General.--Section 472 of the Social Security Act (42 U.S.C. 672) is amended-- (1) in subsection (a)(2)(C), by striking ``or'' and inserting ``, with a parent residing in a licensed residential family-based treatment facility, but only to the extent permitted under subsection (j), or in a''; and (2) by adding at the end the following: ``(j) Children Placed With a Parent Residing in a Licensed Residential Family-Based Treatment Facility for Substance Abuse.-- ``(1) In general.--Notwithstanding the preceding provisions of this section, a child who is eligible for foster care maintenance payments under this section shall be eligible for the payments for a period of not more than 12 months during which the child is placed with a parent who is in a licensed residential family-based treatment facility for substance abuse, but only if-- ``(A) the recommendation for the placement is specified in the child's case plan before the placement; ``(B) the treatment facility provides, as part of the treatment for substance abuse, parenting skills training, parent education, and individual and family counseling; and ``(C) the substance abuse treatment, parenting skills training, parent education, and individual and family counseling is provided under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions to address the consequences of trauma and facilitate healing. ``(2) Payment amount.--The amount the State may receive under section 474(a)(1) for a child placed with a parent who is in a licensed residential family-based treatment facility for substance abuse shall not exceed the amount the State would otherwise be eligible to receive under such section based on where the child would be appropriately placed in a setting described in section 472(a)(2)(C) if such treatment setting were not available. ``(3) Application.--With respect to children for whom foster care maintenance payments are made under paragraph (1), only the children who satisfy the requirements of paragraphs (1)(B) and (3) of subsection (a) shall be considered to be children with respect to whom foster care maintenance payments are made under this section for purposes of subsection (h) or section 473(b)(3)(B).''. (b) Conforming Amendment.--Section 474(a)(1) of such Act (42 U.S.C. 674(a)(1)) is amended by inserting ``subject to section 472(j),'' before ``an amount equal to the Federal'' the first place it appears. SEC. 3. EFFECTIVE DATE. (a) Effective Dates.--Subject to subsection (b), the amendments made by this Act shall take effect on October 1, 2017. (b) Transition Rule.-- (1) In general.--In the case of a State plan under part E of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. (2) Application to programs operated by indian tribal organizations.--In the case of an Indian tribe, tribal organization, or tribal consortium which the Secretary of Health and Human Services determines requires time to take action necessary to comply with the additional requirements imposed by the amendments made by this Act (whether the tribe, organization, or tribal consortium has a plan under section 479B of the Social Security Act or a cooperative agreement or contract entered into with a State), the Secretary shall provide the tribe, organization, or tribal consortium with such additional time as the Secretary determines is necessary for the tribe, organization, or tribal consortium to take the action to comply with the additional requirements before being regarded as failing to comply with the requirements. Passed the House of Representatives June 20, 2017. Attest: KAREN L. HAAS, Clerk. | Supporting Families in Substance Abuse Treatment Act (Sec. 2) This bill amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to provide that the removal and foster care placement of a child shall meet the requirements for foster care maintenance payments on the child's behalf if the child has been placed with a parent residing in a licensed residential family-based treatment facility. Placement with such a parent shall meet these requirements only if: the placement recommendation is specified in the child's case plan before the placement; the treatment facility offers, as part of substance abuse treatment, parenting skills training, parent education, and individual and family counseling; and this training and counseling are delivered under an organizational structure and treatment framework that involves understanding, recognizing, and responding to the effects of all types of trauma, and in accordance with recognized principles of a trauma-informed approach and trauma-specific interventions, to address the consequences of trauma and facilitate healing. The bill specifies the amount the state may receive for a child placed with a parent who is in a licensed residential family-based treatment facility for substance abuse. |
SECTION 1. E-VERIFY PROGRAM. (a) Short Title.--This section may be cited as the ``Employee Verification Amendment Act of 2009''. (b) Extension of Program.--Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking ``at the end of the 11-year period beginning on the first day the pilot program is in effect.'' and inserting ``on September 30, 2014.''. (c) Protection of Social Security Administration Programs.-- (1) Funding under agreement.--Effective for fiscal years beginning on or after October 1, 2008, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall-- (A) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), including (but not limited to)-- (i) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 404, but only that portion of such costs that are attributable exclusively to such responsibilities; and (ii) responding to individuals who contest a tentative nonconfirmation provided by the basic pilot confirmation system established under such section; (B) provide such funds quarterly in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); and (C) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Office of Inspector General of the Social Security Administration and the Department of Homeland Security. (2) Continuation of employment verification in absence of timely agreement.--In any case in which the agreement required under paragraph (1) for any fiscal year beginning on or after October 1, 2008, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under paragraph (1) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the basic pilot confirmation system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under paragraph (1) for such fiscal year. Until such time as the agreement required under paragraph (1) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement. (d) GAO Study of Basic Pilot Confirmation System.-- (1) In general.--As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding erroneous tentative nonconfirmations under the basic pilot confirmation system established under section 404(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note). (2) Matters to be studied.--In the study required under paragraph (1), the Comptroller General shall determine and analyze-- (A) the causes of erroneous tentative nonconfirmations under the basic pilot confirmation system; (B) the processes by which such erroneous tentative nonconfirmations are remedied; and (C) the effect of such erroneous tentative nonconfirmations on individuals, employers, and Federal agencies. (3) Report.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under paragraph (1) to the Committee on Ways and Means and the Committee on the Judiciary of the House of Representatives and the Committee on Finance and the Committee on the Judiciary of the Senate. (e) GAO Study of Effects of Basic Pilot on Small Entities.-- (1) In general.--Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report containing the Comptroller General's analysis of the effects of the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) on small entities (as defined in section 601 of title 5, United States Code). The report shall detail-- (A) the costs of compliance with such program on small entities; (B) a description and an estimate of the number of small entities enrolled and participating in such program or an explanation of why no such estimate is available; (C) the projected reporting, recordkeeping and other compliance requirements of such program on small entities; (D) factors that impact small entities' enrollment and participation in such program, including access to appropriate technology, geography, entity size, and class of entity; and (E) the steps, if any, the Secretary of Homeland Security has taken to minimize the economic impact of participating in such program on small entities. (2) Direct and indirect effects.--The report shall cover, and treat separately, direct effects (such as wages, time, and fees spent on compliance) and indirect effects (such as the effect on cash flow, sales, and competitiveness). (3) Specific contents.--The report shall provide specific and separate details with respect to-- (A) small businesses (as defined in section 601 of title 5, United States Code) with fewer than 50 employees; and (B) small entities operating in States that have mandated use of the basic pilot program. SEC. 2. EB-5 REGIONAL CENTER PILOT PROGRAM. Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``shall set aside'' and all that follows through ``eligible for admission'' and inserting ``shall set aside 3,000 visas annually for fiscal years through fiscal year 2014 to include such aliens as are eligible for admission''. SEC. 3. SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM. Subclauses (II) and (III) of section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) are amended by striking ``September 30, 2009,'' each place such term appears and inserting ``September 30, 2014,''. SEC. 4. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES. Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ``September 30, 2009'' and inserting ``September 30, 2014''. | Employee Verification Amendment Act of 2009 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to extend the employment eligibility confirmation pilot programs (which includes the E-Verify basic pilot program) until September 30, 2014. Directs the Commissioner of Social Security and the Secretary of Homeland Security to enter into a fiscal year agreement which shall: (1) provide funds to the Commissioner for such programs' full costs in quarterly advances; and (2) require an annual accounting and reconciliation of costs incurred and funds provided. Provides for funding continuation in the absence of an agreement. Requires that the Government Accountability Office (GAO) conduct studies regarding: (1) erroneous tentative nonconfirmations under the E-Verify program; and (2) such program's effects on small entities. Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 to extend the alien investor (EB-5) regional center program through FY2014. Amends the Immigration and Nationality Act to extend the special immigrant program for non-minister religious workers until September 30, 2014. Amends the Immigration and Nationality Technical Corrections Act of 1994 to extend the J-1 visa waiver (Conrad state 30/medical services in underserved areas) program until September 30, 2014. |
SECTION 1. EXPENSING FOR CERTAIN PROPERTY PLACED IN SERVICE DURING 2008 AND 2009. (a) In General.--Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(m) Special Allowance for Certain Qualified Property Placed in Service During 2008 and 2009.-- ``(1) In general.--In the case of any qualified property-- ``(A) the depreciation deduction provided by section 167(a) for the taxable year in which such property is placed in service shall include an allowance equal to 100 percent of the adjusted basis of the qualified property, and ``(B) the adjusted basis of the qualified property shall be reduced by the amount of such deduction before computing the amount otherwise allowable as a depreciation deduction under this chapter for such taxable year and any subsequent taxable year. ``(2) Qualified property.--For purposes of this subsection, the term `qualified property' means property-- ``(A) which is 3-year property, 5-year property, or 7-year property, ``(B) the original use of which commences with the taxpayer on or after the starting date, ``(C) which is-- ``(i) acquired by the taxpayer on or after the starting date and before the ending date, but only if no written binding contract for the acquisition was in effect before the starting date, or ``(ii) acquired by the taxpayer pursuant to a written binding contract which was entered into on or after the starting date and before the ending date, and ``(D) which is placed in service by the taxpayer before the ending date. ``(3) Exceptions.-- ``(A) Alternative depreciation property.--This subsection shall not apply to any property to which the alternative depreciation system under subsection (g) applies, determined-- ``(i) without regard to paragraph (7) of subsection (g) (relating to election to have system apply), and ``(ii) after application of section 280F(b) (relating to listed property with limited business use). ``(B) Election out.--If a taxpayer makes an election under this subparagraph with respect to any class of property for any taxable year, this subsection shall not apply to all property in such class placed in service during such taxable year. ``(4) Special rules.-- ``(A) Self-constructed property.--In the case of a taxpayer manufacturing, constructing, or producing property for the taxpayer's own use, the requirements of paragraph (2)(C) shall be treated as met if the taxpayer begins manufacturing, constructing, or producing the property after the starting date and before the ending date. ``(B) Sale-leasebacks.--For purposes of subparagraph (C) and paragraph (2)(B), if property is-- ``(i) originally placed in service on or after the starting date by a person, and ``(ii) sold and leased back by such person within 3 months after the date such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date on which such property is used under the leaseback referred to in subclause (II). ``(C) Syndication.--For purposes of paragraph (2)(B), if-- ``(i) property is originally placed in service on or after the starting date by the lessor of such property, ``(ii) such property is sold by such lessor or any subsequent purchaser within 3 months after the date such property was originally placed in service (or, in the case of multiple units of property subject to the same lease, within 3 months after the date the final unit is placed in service, so long as the period between the time the first unit is placed in service and the time the last unit is placed in service does not exceed 12 months), and ``(iii) the user of such property after the last sale during such 3-month period remains the same as when such property was originally placed in service, such property shall be treated as originally placed in service not earlier than the date of such last sale. ``(D) Limitations related to users and related parties.--This subsection shall not apply to any property if-- ``(i) the user of such property (as of the date on which such property is originally placed in service) or a person which is related (within the meaning of section 267(b) or 707(b)) to such user or to the taxpayer had a written binding contract in effect for the acquisition of such property at any time before the starting date, or ``(ii) in the case of property manufactured, constructed, or produced for such user's or person's own use, the manufacture, construction, or production of such property began at any time before the starting date. ``(5) Coordination with section 280f.--For purposes of section 280F-- ``(A) Automobiles.--In the case of a passenger automobile (as defined in section 280F(d)(5)) which is qualified property, the Secretary shall increase the limitation under section 280F(a)(1)(A)(i) by $7,650. ``(B) Listed property.--The deduction allowable under paragraph (1) shall be taken into account in computing any recapture amount under section 280F(b)(2). ``(6) Deduction allowed in computing minimum tax.--For purposes of determining alternative minimum taxable income under section 55, the deduction under subsection (a) for qualified property shall be determined under this section without regard to any adjustment under section 56. ``(7) Starting date; ending date.--For purposes of this paragraph-- ``(A) Starting date.--The term `starting date' means January 1, 2008. ``(B) Ending date.--The term `ending date' means January 1, 2010.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after December 31, 2007. | Amends the Internal Revenue Code to allow a current year tax deduction of the cost of business equipment placed in service in 2008 and 2009 for which cost recovery periods of three, five, or seven years are currently allowed. |
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2016, and for other purposes, namely: SECTION 1. SHORT TITLE. This Act may be cited as the ``Opioid and Heroin Epidemic Emergency Supplemental Appropriations Act''. TITLE I--LAW ENFORCEMENT PROGRAMS DEPARTMENT OF JUSTICE Office of Justice Programs state and local law enforcement assistance For an additional amount for ``State and local law enforcement assistance'', for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of such Act shall not apply for purposes of this Act) for expenses relating to drug treatment and enforcement programs, law enforcement programing, and drug addiction prevention and education programs, $200,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Community Oriented Policing Services community oriented policing services programs For an additional amount for ``Community Oriented Policing Services Programs'' for competitive grants to State law enforcement agencies in States with high rates of primary treatment admissions for heroin or other opioids, $10,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration substance abuse treatment For an additional amount for ``Substance Abuse Treatment'', $240,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)): Provided further, That of the amount provided-- (1) $225,000,000 is for the Substance Abuse Prevention and Treatment block grant program under subpart II of part B of title XIX of the Public Health Service Act; (2) $10,000,000 is for the Medication Assisted Treatment for Prescription Drug and Opioid Addiction program of the Programs of Regional and National Significance within the Center for Substance Abuse Treatment; and (3) $5,000,000 is for the Recovery Community Services program of the Programs of Regional and National Significance within the Center for Substance Abuse Treatment. substance abuse prevention For an additional amount for ``Substance Abuse Prevention'', $20,000,000 for the Strategic Prevention Framework/Partnership for Success Strategic Prevention Framework Rx of the Programs of Regional and National Significance within the Center for Substance Abuse Prevention, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). mental health For an additional amount for ``Mental Health'' for the Project AWARE program of the Programs of Regional and National Significance within the Center for Mental Health Services, $5,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Centers for Disease Control and Prevention injury prevention and control For an additional amount for ``Injury Prevention and Control'' for expanding State-level prescription drug abuse prevention efforts such as improving prescription drug monitoring programs, data collection, and collaboration among States, $50,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). National Institutes of Health national institute on drug abuse For an additional amount for the ``National Institute on Drug Abuse'' for carrying out section 301 and title IV of the Public Health Service Act with respect to drug abuse, $30,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). Office of the Secretary public health and social services emergency fund For an additional amount for the ``Public Health and Social Services Emergency Fund'' to better coordinate and respond to the national heroin and opioid drug abuse crisis at the discretion of the Secretary of Health and Human Services, $40,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). | Opioid and Heroin Epidemic Emergency Supplemental Appropriations Act This bill provides FY2016 supplemental appropriations for the Department of Justice (DOJ) and the Department of Health and Human Services (HHS) to address heroin and opioid drug abuse. The funds are designated as an emergency requirement, which exempts the funds from discretionary spending limits and other budget enforcement rules. For DOJ, the bill provides funds for State and Local Law Enforcement Assistance and Community Oriented Policing Services (COPS) programs. For HHS, the bill provides funds for: the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, the National Institutes of Health, and the Public Health and Social Services Emergency Fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Budget Process Accountability Act''. SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIREMENT TO MAINTAIN HEALTH COVERAGE. (a) Exemption for Individuals in Areas With Fewer Than 2 Issuers Offering Plans on an Exchange.--Section 5000A(e) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(6) Individuals in areas with fewer than 2 issuers offering plans on an exchange.-- ``(A) In general.--Any applicable individual for any period during a calendar year if there are fewer than 2 health insurance issuers offering qualified health plans on an Exchange for such period in the county in which the applicable individual resides. ``(B) Aggregation rules.--For purposes of subparagraph (A), all health insurance issuers treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single health insurance issuer.''. (b) Effective Date.--The amendments made by this section shall apply to months beginning after the date of the enactment of this Act. SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH. Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended-- (1) by striking the subparagraph heading and inserting the following: ``(D) Members of congress, congressional staff, and political appointees in the exchange.--''; (2) in clause (i), in the matter preceding subclause (I)-- (A) by striking ``and congressional staff with'' and inserting ``, congressional staff, the President, the Vice President, and political appointees with''; and (B) by striking ``or congressional staff shall'' and inserting ``, congressional staff, the President, the Vice President, or a political appointee shall''; (3) in clause (ii)-- (A) in subclause (II), by inserting after ``Congress,'' the following: ``of a committee of Congress, or of a leadership office of Congress,''; and (B) by adding at the end the following: ``(III) Political appointee.--The term `political appointee' means any individual who-- ``(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ``(bb) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5, United States Code; or ``(cc) is employed in a position in the executive branch of the Government of a confidential or policy- determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.''; and (4) by adding at the end the following: ``(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointee for coverage under this paragraph. ``(iv) Limitation on amount of tax credit or cost sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections. ``(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange. ``(vi) Clarification.--The terms `small employer' (as defined under section 1304(b)(2)) and `qualified employers' (as defined under subsection (f)) do not include the Congress, with respect to enrollments in an Exchange and a SHOP Exchange.''. | Budget Process Accountability Act This bill amends the Internal Revenue Code to exempt individuals from the requirement to maintain minimum essential health care coverage if they reside in a county where fewer than two health insurers offer insurance on the health insurance exchange. This bill amends the Patient Protection and Affordable Care Act to extend the requirement for participation in a health insurance exchange to the President, Vice President, executive branch political appointees, and employees of congressional committees and leadership offices of Congress. Currently, this requirement applies to Members of Congress and their staff. The government is prohibited from contributing to or subsidizing the health insurance coverage of officials and employees subject to this requirement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Trade Adjustment Assistance Equity for Service Workers Act of 2004''. SEC. 2. EXTENSION OF TRADE ADJUSTMENT ASSISTANCE TO SERVICES SECTOR. (a) Adjustment Assistance for Workers.--Section 221(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 2271(a)(1)(A)) is amended by striking ``firm)'' and inserting ``firm, and workers in a service sector firm or subdivision of a service sector firm or public agency)''. (b) Group Eligibility Requirements.--Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1), by striking ``agricultural firm)'' and inserting ``agricultural firm, and workers in a service sector firm or subdivision of a service sector firm or public agency)''; (B) in paragraph (1), by inserting ``or public agency'' after ``of the firm''; and (C) in paragraph (2)-- (i) in subparagraph (A)(ii), by striking ``like or directly competitive with articles produced'' and inserting ``or services like or directly competitive with articles produced or services provided''; (ii) by striking the period at the end of subparagraph (B) and inserting ``; or''; and (iii) by adding after subparagraph (B) the following: ``(C)(i) there has been a shift, by such workers' firm, subdivision, or public agency to a foreign country, in provision of services, like or directly competitive with services which are provided by such firm, subdivision, or public agency; or ``(ii) such workers' firm, subdivision, or public agency has obtained or is likely to obtain such services from a foreign country.''; (2) in subsection (b)-- (A) in the matter preceding paragraph (1), by striking ``agricultural firm)'' and inserting ``agricultural firm, and workers in a service sector firm or subdivision of a service sector firm or public agency)''; (B) in paragraph (2), by inserting ``or service'' after ``related to the article''; and (C) in paragraph (3)(A), by inserting ``or services'' after ``component parts''; (3) in subsection (c)-- (A) in paragraph (3)-- (i) by inserting ``or services'' after ``value-added production processes''; (ii) by striking ``or finishing'' and inserting ``, finishing, or testing''; (iii) by inserting ``or services'' after ``for articles''; and (iv) by inserting ``(or subdivision)'' after ``such other firm''; and (B) in paragraph (4)-- (i) by striking ``for articles'' and inserting ``, or services, for articles or services''; and (ii) by inserting ``(or subdivision)'' after ``such other firm''; and (4) by adding at the end the following new subsection: ``(d) Basis for Secretary's Determinations.-- ``(1) Increased imports.--For purposes of subsection (a)(2)(A)(ii), the Secretary may determine that increased imports of like or directly competitive services exist if the workers' firm or subdivision or customers of the workers' firm or subdivision accounting for not less than 20 percent of the sales of the workers' firm or subdivision certify to the Secretary that they are obtaining such articles or services from a foreign country. ``(2) Obtaining services abroad.--For purposes of subsection (a)(2)(C)(ii), the Secretary may determine that the workers' firm, subdivision, or public agency has obtained or is likely to obtain like or directly competitive services from a foreign country based on a certification thereof from the workers' firm, subdivision, or public agency. ``(3) Authority of the secretary.--The Secretary may obtain the certifications under paragraphs (1) and (2) through questionnaires or in such other manner as the Secretary determines is appropriate.''. (c) Training.--Section 236(a)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2296(a)(2)(A)) is amended by striking ``$220,000,000'' and inserting ``$440,000,000''. (d) Definitions.--Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended-- (1) in paragraph (1)-- (A) by inserting ``or public agency'' after ``of a firm''; and (B) by inserting ``or public agency'' after ``or subdivision''; (2) in paragraph (2)(B), by inserting ``or public agency'' after ``the firm''; (3) by redesignating paragraphs (8) through (17) as paragraphs (9) through (18), respectively; and (4) by inserting after paragraph (6) the following: ``(7) The term `public agency' means a department or agency of a State or local government or of the Federal Government. ``(8) The term `service sector firm' means an entity engaged in the business of providing services.''. (e) Technical Amendment.--Section 245(a) of the Trade Act of 1974 (19 U.S.C. 2317(a)) is amended by striking ``, other than subchapter D''. SEC. 3. TRADE ADJUSTMENT ASSISTANCE FOR FIRMS AND INDUSTRIES. (a) Firms.-- (1) Assistance.--Section 251 of the Trade Act of 1974 (19 U.S.C. 2341) is amended-- (A) in subsection (a), by inserting ``or service sector firm'' after ``(including any agricultural firm''; (B) in subsection (c)(1)-- (i) in the matter preceding subparagraph (A), by inserting ``or service sector firm'' after ``any agricultural firm''; (ii) in subparagraph (B)(ii), by inserting ``or service'' after ``of an article''; and (iii) in subparagraph (C), by striking ``articles like or directly competitive with articles which are produced'' and inserting ``articles or services like or directly competitive with articles or services which are produced or provided''; and (C) by adding at the end the following: ``(e) Basis for Secretary Determination.-- ``(1) Increased imports.--For purposes of subsection (c)(1)(C), the Secretary may determine that increases of imports of like or directly competitive services exist if customers of the firm accounting for not less than 20 percent of the sales of the firm certify to the Secretary that they are obtaining such articles or services from a foreign country. ``(2) Authority of the secretary.--The Secretary may obtain the certifications under paragraph (1) through questionnaires or in such other manner as the Secretary determines is appropriate. The subpoena power described in section 249 shall be extended to the Secretary of Commerce for purposes of carrying out this subsection.''. (2) Authorization of appropriations.--Section 256(b) of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking ``$16,000,000'' and inserting ``$32,000,000''. (3) Definition.--Section 261 of the Trade Act of 1974 (19 U.S.C. 2351) is amended-- (A) by striking ``For purposes of'' and inserting ``(a) Firm.--For purposes of''; and (B) by adding at the end the following: ``(b) Service Sector Firm.--For purposes of this chapter, the term `service sector firm' means a firm engaged in the business of providing services.''. (b) Industries.--Section 265(a) of the Trade Act of 1974 (19 U.S.C. 2355(a)) is amended by inserting ``or service'' after ``new product''. (c) Clerical Amendment.--(1) Section 249 of the Trade Act of 1974 (19 U.S.C. 2321) is amended-- (A) by amending the section heading to read as follows: ``SEC. 249. SUBPOENA AUTHORITY. ''; and (B) by striking ``subpena'' each place it appears and inserting ``subpoena''. (2) The item relating to section 249 in the table of contents of the Trade Act of 1974 is amended to read as follows: ``249. Subpoena authority.''. SEC. 4. MONITORING AND REPORTING. Section 282 of the Trade Act of 1974 (19 U.S.C. 2393) is amended-- (1) in the first sentence-- (A) by striking ``The Secretary'' and inserting ``(a) Monitoring Programs.--The Secretary''; (B) by inserting ``and services'' after ``imports of articles''; (C) by inserting ``and domestic provision of services'' after ``domestic production''; (D) by inserting ``or providing services'' after ``producing articles''; and (E) by inserting ``, or provision of services,'' after ``changes in production''; and (2) by adding at the end the following: ``(b) Collection of Data and Reports on Services Sector.-- ``(1) Secretary of labor.--Not later than 3 months after the date of the enactment of the Trade Adjustment Assistance Equity for Service Workers Act of 2004, the Secretary of Labor shall implement a system to collect data on adversely affected service workers that includes the number of workers by State, industry, and cause of dislocation of each worker. ``(2) Secretary of commerce.--Not later than 6 months after such date of enactment, the Secretary of Commerce shall, in consultation with the Secretary of Labor, conduct a study and report to the Congress on ways to improve the timeliness and coverage of data on trade in services, including methods to identify increased imports due to the relocation of United States firms to foreign countries, and increased imports due to United States firms obtaining services from firms in foreign countries.''. | Trade Adjustment Assistance Equity for Service Workers Act of 2004 - Amends the Trade Act of 1974 to extend trade adjustment assistance (TAA) to workers in a service sector firm or its subdivision or public agency. Revises group eligibility requirements for TAA to include: (1) a shift, by a public agency to a foreign country in provision of services, like or directly competitive with services which are provided by the workers' firm, subdivision, or public agency; and (2) the situation where the workers' firm, subdivision, or public agency obtains or is likely to obtain such services from a foreign country. Requires the Secretary of Labor to certify as eligible to apply for TAA any adversely affected secondary workers in a service sector firm or its subdivision or public agency. Specifies criteria for determination of the existence of increased imports of like or directly competitive articles or services. Increases from $220 million to $440 million the amount of fiscal year payments for training of adversely affected workers under the Act. Authorizes the Secretary of Labor to provide technical assistance for the establishment of industrywide programs for new service development. Modifies the trade monitoring system to include imports of services. |
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Native American Sacred Lands Act''. (b) Definitions.--For the purposes of this Act, the following definitions shall apply: (1) Federal land.--The term ``Federal land'' means any land or interests in land owned by the United States, including leasehold interests held by the United States, except Indian trust lands. (2) Indian tribe.--The term ``Indian tribe'' has the meaning given such term by section 4(e) of the Indian Self- Determination and Education Assistance Act. (3) Native hawaiian organization.--The term ``Native Hawaiian organization'' has the meaning given that term in section 301(18) of the National Historic Preservation Act (16 U.S.C. 470w(18)). (4) Native science.--The term ``Native science''-- (A) means the oral knowledge of Native Americans gained throughout history by observation and experience; (B) embodies traditional tribal lifestyles and values; (C) is based on the fundamental belief of the sanctity of all life; (D) is guided by principles that include interdependency, reciprocity, and the significance of place; (E) is a living, spiritual knowledge of the relationships between the land, natural resources, and the environment; and (F) is transferred from one generation to the next often through oral tradition and practice. (5) Sacred land.--The term ``sacred land'' means any geophysical or geographical area or feature which is sacred by virtue of its traditional cultural or religious significance or ceremonial use, or by virtue of a ceremonial or cultural requirement, including a religious requirement that a natural substance or product for use in Indian tribal or Native Hawaiian organization ceremonies be gathered from that particular location. (6) Undertaking.--The term ``undertaking'' has the same meaning given that term in section 301(7) of the National Historic Preservation Act (16 U.S.C. 470w(7)). (7) Significant damage.--The term ``significant damage'' means any action or activity which results in the loss of the sacred meaning and value of the site to the affected Indian tribe or Native Hawaiian organization. SEC. 2. PROTECTION OF SACRED LANDS. Each department or agency of the United States with administrative jurisdiction over the management of Federal land shall-- (1) accommodate meaningful access to and ceremonial use of Indian sacred lands by Indian religious practitioners; (2) avoid significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations prior to taking significant actions or developing policies affecting Native American sacred lands. SEC. 3. DESIGNATING INDIAN SACRED LANDS UNSUITABLE FOR DEVELOPMENT. (a) In General.--Federal land shall be designated unsuitable for any or certain types of undertakings if the head of the department or agency with administrative jurisdiction over that Federal land decides, in accordance with this section, that by a preponderance of the evidence the undertaking is likely to cause significant damage to Indian sacred lands. (b) Petition.-- (1) In general.--Any Indian tribe or Native Hawaiian organization shall have the right to petition any department or agency of the United States with administrative jurisdiction over Federal land to have Federal land under the jurisdiction of that department or agency designated as unsuitable for any or certain types of undertaking. (2) Supporting evidence.--Such a petition shall contain allegations of facts with supporting evidence which would tend to establish the allegations. Oral history and Native science shall be given no less weight than any other evidence. After an Indian tribe or Native Hawaiian organization has filed a petition under this section, and before the hearing as required by this subsection, any person may file allegations of facts, with supporting evidence, that are relevant to the petition. (c) Hearing.-- (1) In general.--Not later than 90 days after the receipt of such petition, the department or agency with administrative jurisdiction over that Federal land involved shall hold a public hearing on the subject of the petition in the locality of that Federal land after public notice, including publication of the date, time, and location of the hearing. (2) Written decision.--Not later than 60 days after a hearing held pursuant to this subsection, the head of the department or agency with administrative jurisdiction over that Federal land shall issue and furnish to the petitioner and any other parties to the hearing a written decision regarding the petition and the reasons for the decision. (d) Appeal.--Not later than 60 days after a written decision is issued pursuant to subsection (c)(2), any petitioner or person filing under section 3(b)(2) may appeal the decision to the appropriate Federal agency appeals board or through a civil action in accordance with subsection (e). A decision regarding a petition shall not be considered final for the purposes of this section until-- (1) the deadline for filing an appeal to the decision has past and no appeal has been filed; or (2) if an appeal was timely filed, the appeal has been heard and decided. (e) Civil Actions; Jurisdiction; Relief.-- (1) In general.--The United States district courts shall have original jurisdiction over any civil action or claim against the Secretary of the Interior or the head of another Federal agency, as appropriate, arising under this section. In an action brought under this paragraph, the district courts may order appropriate relief, including money damages, injunctive relief against any action by an officer of the United States or any agency thereof contrary to this Act, or regulations promulgated thereunder, or mandamus to compel an officer or employee of the United States, or any agency thereof, to perform a duty provided under this Act or regulations promulgated hereunder. (2) Application of equal access to justice act.--The Equal Access to Justice Act (Public Law 96-481; Act of October 1, 1980; 92 Stat. 2325; 5 U.S.C. 594; 28 U.S.C. 2412) shall apply to actions brought under this Act. (f) Effect of Decision of Unsuitability.-- (1) In general.--A final decision that Federal land identified by a petition considered pursuant to subsection (b) is unsuitable for any or certain types of undertakings shall be immediately effective and the undertaking shall be prohibited. (2) Withdrawal of lands.--Subject to valid and existing rights, the Secretary of the Interior shall (with the consent of the department or agency other than the Department of the Interior in the case of Federal land not under the administration of the Secretary of the Interior) withdraw Federal land included in a decision of unsuitability under this section pursuant to section 204 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714). The Secretary's decision under this section shall constitute the documentation required to be provided under section 204(c)(12) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) and in compliance with section 4. (3) Land use plans.--Any decision of unsuitability made for Federal land under the administrative jurisdiction of the Secretary of the Interior or the Secretary of Agriculture (with respect to National Forest System lands) shall be incorporated into the appropriate land use plan when such plan is adopted, revised, or significantly amended pursuant to the Federal Land Policy and Management Act of 1976 or, as the case may be, the Forest and Rangeland Renewable Resources Planning Act of 1974. SEC. 4. CONFIDENTIALITY. (a) In General.--Notwithstanding section 5 of title 5, United States Code (commonly known as the Freedom of Information Act) or any other law, no information obtained as a result of or in connection with a petition filed or a hearing held under this Act that contains a reference pertaining to a specific detail of a Native American traditional cultural practice or religion, or the significance of an Indian or Native Hawaiian sacred land, or the location of that sacred land, shall be released except as provided in subsection (c). (b) Release of Information.-- (1) Initial violation.--Any person who intentionally releases any information knowing that it is required to be held confidential pursuant to this section shall, upon conviction, be fined not more than $10,000, or imprisoned not more than 1 year, or both. (2) Subsequent violations.--In the case of a second or subsequent violation of this section, a person shall, upon conviction, be fined not more than $100,000, or imprisoned not more than 5 years, or both. (c) Exception.--This section shall not apply in any case in which all persons filing pursuant to section 3(b), including the petitioner, waive the application of this section. SEC. 5. GRANTS. (a) Authority to Provide Grants.--The Secretary may provide grants to Indian tribes to assist the Indian tribes in carrying out activities related to this Act. Such activities may include the acquisition or management of sacred lands deemed unsuitable for undertaking under this Act. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section. SEC. 6. TRANSFER OF LAND. (a) Authority.--The head of the department or agency with administrative jurisdiction over Federal land which is sacred land may take the Federal land into trust for the benefit of the Indian tribe or Indian tribes for which the land is considered sacred on the condition that the Indian tribe or Indian tribes for which it is taken into trust manage the land in perpetuity to protect that sacredness. (b) Reverter.--If the head of the department or agency that has taken Federal land into trust under this section determines that the land is not being managed in perpetuity to protect its sacredness as required by subsection (a), the land shall be removed from trust and shall be managed under this Act by the the head of the department or agency that transferred land under subsection (a). SEC. 7. COOPERATIVE AGREEMENTS. The head of the department or agency with administrative jurisdiction over Federal land which is sacred land may enter into cooperative agreements with one or more Indian tribes for which the land is considered sacred to provide for the Indian tribe or Indian tribes to manage-- (1) that Federal land; and (2) any adjacent Federal land, if including the adjacent Federal land would facilitate management of the sacred land by the Indian tribe or Indian tribes. SEC. 8. REGULATIONS. (a) Consultation With Indian Tribes.--In developing regulations under this Act, the Secretary shall use-- (1) an effective process to permit elected tribal officials, traditional Native American practitioners, and other representatives of Indian tribal governments to provide meaningful and timely input in that development; and (2) where appropriate, consensual mechanisms, including negotiated rulemaking. (b) Effective Date.--This Act shall become effective on the date of the enactment of this Act. Any failure of the Secretary to promulgate regulations under this section shall not affect such effective date. SEC. 9. CONSULTATION UNDER OTHER LAWS. Nothing in this Act shall affect any consultation process under the National Historic Preservation Act or any other Federal law. | Native American Sacred Lands Act - Requires managers of Federal land to: (1) accommodate meaningful access and use by Indian religious practitioners; (2) prevent significant damage to Indian sacred lands; and (3) consult with Indian tribes and Native Hawaiian organizations before taking significant actions concerning such lands. Prohibits undertakings likely to cause significant damage to Indian sacred lands.Grants Indian tribes and Native Hawaiian organizations the right to petition the department or agency with administrative jurisdiction to have Federal lands designated as unsuitable for certain undertakings. Permits appeals through the Federal agency appeals board or in U. S. district courts. Provides relief through monetary damages, injunctions, or mandamus.Provides for the withdrawal of lands determined to be unsuitable. Requires Federal land use plans to be modified accordingly. Protects the confidentiality of information in a petition as it pertains to traditional cultural practice, religion, or the significance and location of sacred land. Establishes criminal penalties for violations of such confidentiality. Authorizes the Secretary of the Interior to make grants to assist Indian tribes in activities under this Act (including the acquisition or management of sacred lands deemed unsuitable for undertaking under this Act). Authorizes the head of the department or agency with administrative jurisdiction over Federal sacred land to enter into cooperative agreements with tribes and take the land into trust for the benefit of the Indian tribe if the tribe manages the land to protect its sacredness. Requires the Secretary to consult with Indian tribes in developing regulations. |
SECTION 1. REIMBURSEMENT FOR ADOPTION EXPENSES. (a) In General.--Subpart G of part III of title 5, United States Code, is amended by adding at the end the following: ``CHAPTER 90--MISCELLANEOUS EMPLOYEE BENEFITS ``9001. Adoption benefits. ``Sec. 9001. Adoption benefits ``(a) For the purpose of this section-- ``(1) the term `agency' means-- ``(A) an Executive agency; ``(B) an agency in the judicial branch; and ``(C) an agency in the legislative branch (other than any included under subparagraph (A)); ``(2) the term `employee' does not include any individual who, pursuant to the exercise of any authority under section 8913(b), is excluded from participating in the health insurance program under chapter 89; and ``(3) the term `adoption expenses', as used with respect to a child, means any reasonable and necessary expenses directly relating to the adoption of such child, including-- ``(A) fees charged by an adoption agency; ``(B) placement fees; ``(C) legal fees; ``(D) counseling fees; ``(E) medical expenses, including those relating to obstetrical care for the biological mother, medical care for the child, and physical examinations for the adopting parent or parents; ``(F) foster-care charges; and ``(G) transportation expenses. ``(b) The head of each agency shall by regulation establish a program under which any employee of such agency who adopts a child shall be reimbursed for any adoption expenses incurred by such employee in the adoption of such child. ``(c) Under the regulations, reimbursement may be provided only-- ``(1) after the adoption becomes final, as determined under the laws of the jurisdiction governing the adoption; ``(2) if, at the time the adoption becomes final, the child is under 18 years of age and unmarried; and ``(3) if appropriate written application is filed within such time, complete with such information, and otherwise in accordance with such procedures as may be required. ``(d)(1) Reimbursement for an employee under this section with respect to any particular child-- ``(A) shall be payable only if, or to the extent that, similar benefits paid (or payable) under one or more programs established under State law or another Federal statute have not met (or would not meet) the full amount of the adoption expenses incurred; and ``(B) may not exceed $2,000. ``(2)(A) In any case in which both adopting parents are employees eligible for reimbursement under this section, each parent shall be eligible for an amount determined in accordance with paragraph (1), except as provided in subparagraph (B). ``(B) No amount shall be payable under this section if, or to the extent that, payment of such amount would cause the sum of the total amount payable to the adoptive parents under this section, and the total amount paid (or payable) to them under any program or programs referred to in paragraph (1)(A), to exceed the lesser of-- ``(i) the total adoption expenses incurred; or ``(ii) $5,000. ``(3) The guidelines issued under subsection (g) shall include provisions relating to interagency cooperation and other appropriate measures to carry out this subsection. ``(e) Any amount payable under this section shall be paid from the appropriation or fund used to pay the employee involved. ``(f) An application for reimbursement under this section may not be denied based on the marital status of the individual applying. ``(g)(1) The Office of Personnel Management may issue any general guidelines which the Office considers necessary to promote the uniform administration of this section. ``(2) The regulations prescribed by the head of each Executive agency under this section shall be consistent with any guidelines issued under paragraph (1). ``(3) Upon the request of any agency, the Office may provide consulting, technical, and any other similar assistance necessary to carry out this section.''. (b) Conforming Amendments.--(1) The heading of subpart G of part III of title 5, United States Code, is amended to read as follows: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''. (2) The analysis for part III of title 5, United States Code, is amended-- (A) by striking the item relating to subpart G and inserting in lieu thereof the following: ``SUBPART G--ANNUITIES, INSURANCE, AND MISCELLANEOUS BENEFITS''; and (B) by adding after the item relating to chapter 89 the following: ``90. Miscellaneous Employee Benefits....................... 9001''. SEC. 2. APPLICABILITY TO POSTAL EMPLOYEES. Section 1005 of title 39, United States Code, is amended by adding at the end the following: ``(g) Section 9001 of title 5 shall apply to the Postal Service. Regulations prescribed by the Postal Service to carry out this subsection shall be consistent with any guidelines issued under subsection (g)(1) of such section.''. SEC. 3. EFFECTIVE DATE. This Act shall take effect on October 1, 1997, and shall apply with respect to any adoption which becomes final (determined in the manner described in section 9001(c)(1) of title 5, United States Code, as added by this Act) on or after that date. | Amends Federal law concerning Government organization and employees to require the head of each Federal agency, including the U.S. Postal Service, by regulation to establish a program for the reimbursement of adoption expenses incurred by an employee of such agency in the adoption of a child. Prohibits denial of an application on the basis of the applicant's marital status. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Judicial Transparency and Ethics Enhancement Act of 2007''. SEC. 2. INSPECTOR GENERAL FOR THE JUDICIAL BRANCH. (a) Creation and Duties.--Part III of title 28, United States Code, is amended by adding at the end the following: ``CHAPTER 60--INSPECTOR GENERAL FOR THE JUDICIAL BRANCH ``Sec. ``1021. Establishment. ``1022. Appointment, term, and removal of Inspector General. ``1023. Duties. ``1024. Powers. ``1025. Reports. ``1026. Whistleblower protection. ``Sec. 1021. Establishment ``There is established for the judicial branch of the Government the Office of Inspector General for the Judicial Branch (hereinafter in this chapter referred to as the `Office'). ``Sec. 1022. Appointment, term, and removal of Inspector General ``(a) Appointment.--The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. ``(b) Term.--The Inspector General shall serve for a term of four years and may be reappointed by the Chief Justice of the United States for any number of additional terms. ``(c) Removal.--The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. ``Sec. 1023. Duties ``With respect to the Judicial Branch, other than the United States Supreme Court, the Office shall-- ``(1) conduct investigations of alleged misconduct in the Judicial Branch under chapter 16, that may require oversight or other action within the Judicial Branch or by Congress; ``(2) conduct and supervise audits and investigations; ``(3) prevent and detect waste, fraud, and abuse; and ``(4) recommend changes in laws or regulations governing the Judicial Branch. ``Sec. 1024. Powers ``(a) Powers.--In carrying out the duties of the Office, the Inspector General shall have the power-- ``(1) to make investigations and reports; ``(2) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the course of business by the Judicial Conference of the United States, the judicial councils of circuits, the Administrative Office of the United States Courts, and the United States Sentencing Commission; ``(3) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents, which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; ``(4) to administer to or take from any person an oath, affirmation, or affidavit; ``(5) to employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; ``(6) to obtain services as authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for grade GS-18 of the General Schedule by section 5332 of title 5, United States Code; and ``(7) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. ``(b) Chapter 16 Matters.--The Inspector General shall not commence an investigation under section 1023(1) until the denial of a petition for review by the judicial council of the circuit under section 352(c) of this title or upon referral or certification to the Judicial Conference of the United States of any matter under section 354(b) of this title. ``(c) Limitation.--The Inspector General shall not have the authority-- ``(1) to investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge or court; or ``(2) to punish or discipline any judge or court. ``Sec. 1025. Reports ``(a) When To Be Made.--The Inspector General shall-- ``(1) make an annual report to the Chief Justice and to Congress relating to the activities of the Office; and ``(2) make prompt reports to the Chief Justice and to Congress on matters that may require action by them. ``(b) Sensitive Matter.--If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. ``(c) Duty To Inform Attorney General.--In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. ``Sec. 1026. Whistleblower protection ``(a) In General.--No officer, employee, agent, contractor or subcontractor in the Judicial Branch may discharge, demote, threaten, suspend, harass or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a judge or any other employee in the Judicial Branch, which may assist the Inspector General in the performance of duties under this chapter. ``(b) Civil Action.--An employee injured by a violation of subsection (a) may, in a civil action, obtain appropriate relief.''. (b) Clerical Amendment.--The table of chapters for part III of title 28, United States Code, is amended by adding at the end the following new item: ``60. Inspector General for the Judicial Branch.''. | Judicial Transparency and Ethics Enhancement Act of 2007 - Amends the federal judicial code to establish the Office of Inspector General for the Judicial Branch of the U.S. government, to be headed by an Inspector General appointed by the Chief Justice. Sets a term of four years, which may be extended by additional reappointments. Authorizes the Chief Justice to remove an Inspector General from office. Requires the Office, except with respect to the Supreme Court, to: (1) conduct investigations of alleged misconduct in the Judicial Branch; (2) conduct and supervise audits and investigations; and (3) prevent and detect waste, fraud, and abuse. Provides for whistleblower protection. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Parental Rights and Responsibilities Act of 1995''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) the Supreme Court has regarded the right of parents to direct the upbringing of their children as a fundamental right implicit in the concept of ordered liberty within the 14th amendment to the Constitution of the United States, as specified in Meyer v. Nebraska, 262 U.S. 390 (1923) and Pierce v. Society of Sisters, 268 U.S. 510 (1925); (2) the role of parents in the raising and rearing of their children is of inestimable value and deserving of both praise and protection by all levels of government; (3) the tradition of western civilization recognizes that parents have the responsibility to love, nurture, train, and protect their children; (4) some decisions of Federal and State courts have treated the right of parents not as a fundamental right but as a nonfundamental right, resulting in an improper standard of judicial review being applied to government conduct that adversely affects parental rights and prerogatives; (5) parents face increasing intrusions into their legitimate decisions and prerogatives by government agencies in situations that do not involve traditional understandings of abuse or neglect but simply are a conflict of parenting philosophies; (6) governments should not interfere in the decisions and actions of parents without compelling justification; and (7) the traditional 4-step process used by courts to evaluate cases concerning the right of parents described in paragraph (1) appropriately balances the interests of parents, children, and government. (b) Purposes.--The purposes of this Act are-- (1) to protect the right of parents to direct the upbringing of their children as a fundamental right; (2) to protect children from abuse and neglect as the terms have been traditionally defined and applied in statutory law, such protection being a compelling government interest; (3) while protecting the rights of parents, to acknowledge that the rights involve responsibilities and specifically that parents have the responsibility to see that their children are educated, for the purposes of literacy and self-sufficiency, as specified by the Supreme Court in Wisconsin v. Yoder, 406 U.S. 205 (1972); (4) to preserve the common law tradition that allows parental choices to prevail in a health care decision for a child unless, by neglect or refusal, the parental decision will result in danger to the child's life or result in serious physical injury of the child; (5) to fix a standard of judicial review for parental rights, leaving to the courts the application of the rights in particular cases based on the facts of the cases and law as applied to the facts; and (6) to reestablish a 4-step process to evaluate cases concerning the right of parents described in paragraph (1) that-- (A) requires a parent to initially demonstrate that-- (i) the action in question arises from the right of the parent to direct the upbringing of a child; and (ii) a government has interfered with or usurped the right; and (B) shifts the burdens of production and persuasion to the government to demonstrate that-- (i) the interference or usurpation is essential to accomplish a compelling governmental interest; and (ii) the method of intervention or usurpation used by the government is the least restrictive means of accomplishing the compelling interest. SEC. 3. DEFINITIONS. As used in this Act: (1) Appropriate evidence.--The term ``appropriate evidence'' means-- (A) for a case in which a government seeks a temporary or preliminary action or order, except cases which terminate parental custody or visitation, evidence that demonstrates probable cause; and (B) for a case in which the government seeks a final action or order, or in which it seeks to terminate parental custody or visitation, clear and convincing evidence. (2) Child.--The term ``child'' has the meaning provided by State law. (3) Parent.--The term ``parent'' has the meaning provided by State law. (4) Right of a parent to direct the upbringing of a child.-- (A) In general.--The term ``right of a parent to direct the upbringing of a child'' includes, but is not limited to a right of a parent regarding-- (i) directing or providing for the education of the child; (ii) making a health care decision for the child, except as provided in subparagraph (B); (iii) disciplining the child, including reasonable corporal discipline, except as provided in subparagraph (C); and (iv) directing or providing for the religious teaching of the child. (B) No application to parental decisions on health care.--The term ``right of a parent to direct the upbringing of a child'' shall not include a right of a parent to make a decision on health care for the child that, by neglect or refusal, will result in danger to the life of the child or in serious physical injury to the child. (C) No application to abuse and neglect.--The term ``right of a parent to direct the upbringing of a child'' shall not include a right of a parent to act or refrain from acting in a manner that constitutes abuse or neglect of a child, as the terms have traditionally been defined. (5) State.--The term ``State'' includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States. SEC. 4. PROHIBITION ON INTERFERING WITH OR USURPING RIGHTS OF PARENTS. No Federal, State, or local government, or any official of such a government acting under color of law, shall interfere with or usurp the right of a parent to direct the upbringing of the child of the parent. SEC. 5. STRICT SCRUTINY. No exception to section 4 shall be permitted, unless the government or official is able to demonstrate, by appropriate evidence, that the interference or usurpation is essential to accomplish a compelling governmental interest and is narrowly drawn or applied in a manner that is the least restrictive means of accomplishing the compelling interest. SEC. 6. CLAIM OR DEFENSE. Any parent may raise a violation of this Act in an action in a Federal or State court, or before an administrative tribunal, of appropriate jurisdiction as a claim or a defense. SEC. 7. DOMESTIC RELATIONS CASES AND DISPUTES BETWEEN PARENTS. This Act shall not apply to-- (1) domestic relations cases concerning the appointment of parental rights between parents in custody disputes; or (2) any other dispute between parents. SEC. 8. ATTORNEY'S FEES. Subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988 (b) and (c)) (concerning the award of attorney's and expert fees) shall apply to cases brought or defended under this Act. A person who uses this Act to defend against a suit by a government described in section 4 shall be construed to be the plaintiff for the purposes of the application of such subsections. | Parental Rights and Responsibilities Act of 1995 - Prohibits any Federal, State, or local government or any official of such a government from interfering with or usurping the right of a parent to govern the upbringing of a child of the parent. Disallows any exception to this Act unless the government or official is able to demonstrate, by appropriate evidence, that such interference or usurpation is valid to accomplish a compelling government interest, in which case only the least amount of interference may be used. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) As of 2012, more than 41,000,000 Americans are age 65 or older. More than 75 percent of them suffer from chronic conditions which require person-centered, coordinated care that helps them to live in a home- or community-based setting. In 2012, the Government Accountability Office found that 34 percent of Americans age 60 and older reported needing assistance performing Activities of Daily Living. (2) Direct-care workers (referred to in this section as ``DCWs'') provide an estimated 70 to 80 percent of the paid hands-on long-term care and personal assistance received by elders and people with disabilities or other chronic conditions in the United States. These workers help their clients bathe, dress, and negotiate a host of other daily tasks. They are a lifeline for those they serve, as well as for families and friends struggling to provide quality care. (3) Eldercare and disability services positions account for nearly one-third of the 18,000,000 health care jobs in the United States. The direct-care workforce alone accounts for more than 4,000,000 jobs, expected to add 1,600,000 new positions by 2020. (4) The majority of DCWs are now employed in home- and community-based settings, and not in institutional settings such as nursing care facilities or hospitals. By 2020, home- and community-based DCWs are likely to outnumber facility workers by more than 2 to 1. (5) A 2008 Institute of Medicine report, entitled ``Re- tooling for an Aging America: Building the Health Care Workforce'', called for new models of care delivery and coordination, and dedicated a chapter to the central importance of the direct-care workforce in a ``re-tooled'' eldercare delivery system. (6) An Institute of Medicine report on the future of nursing, released in October of 2010, recommended nurses should practice to the full extent of their education and training. The report also states that all health care professionals should work collaboratively in team-based models, and that the goal should be to encourage care models that use every member of the team to the full capacity of his or her training and skills. (7) The Patient Protection and Affordable Care Act (Public Law 111-148) emphasizes the need for improving care and lowering costs by better coordination of care and integration of services, particularly for consumers with multiple chronic conditions. This will require developing new models of care for those receiving long-term services and supports. SEC. 3. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. Part A of title IV of the Older Americans Act of 1965 (42 U.S.C. 3032 et seq.) is amended by adding at the end the following: ``SEC. 423. DEMONSTRATION PROGRAM ON CARE COORDINATION AND SERVICE DELIVERY. ``(a) Establishment of Demonstration Program.-- ``(1) In general.--The Assistant Secretary shall carry out a demonstration program in accordance with this section. Under such program, the Assistant Secretary shall award grants to eligible entities to carry out demonstration projects that focus on care coordination and service delivery redesign for older individuals with chronic illness or at risk of institutional placement by-- ``(A) designing and testing new models of care coordination and service delivery that thoughtfully and effectively deploy advanced aides to improve efficiency and quality of care for frail older individuals; and ``(B) giving direct-care workers opportunities for career advancement through additional training, an expanded role, and increased compensation. ``(2) Direct-care worker.--In this section, the term `direct-care worker' has the meaning given that term in the 2010 Standard Occupational Classifications of the Department of Labor for Home Health Aides [31-1011], Psychiatric Aides [31- 1013], Nursing Assistants [31-1014], and Personal Care Aides [39-9021]. ``(b) Demonstration Projects.--The demonstration program shall be composed of 6 demonstration projects, as follows: ``(1) Two demonstration projects shall focus on using the abilities of direct-care workers to promote smooth transitions in care and help to prevent unnecessary hospital readmissions. Under these projects, direct-care workers shall be incorporated as essential members of interdisciplinary care coordination teams. ``(2) Two demonstration projects shall focus on maintaining the health and improving the health status of those with multiple chronic conditions and long-term care needs. Under these projects, direct-care workers shall assist in monitoring health status, ensuring compliance with prescribed care, and educating and coaching the older individual involved and any family caregivers. ``(3) Two demonstration projects shall focus on training direct-care workers to take on deeper clinical responsibilities related to specific diseases, including Alzheimer's and dementia, congestive heart failure, and diabetes. ``(c) Eligible Entity.--In this section, the term `eligible entity' means a consortium that consists of-- ``(1) at least 1-- ``(A) long-term care and rehabilitation facility; or ``(B) home personal care service provider; and ``(2) at least 1-- ``(A) hospital or health system; ``(B) labor organization or labor-management partnership; ``(C) community-based aging service provider; ``(D) patient-centered medical home; ``(E) federally qualified health center; ``(F) managed care entity, including a managed health and long-term care program; ``(G) entity that provides health services training; ``(H) State-based public entity engaged in building new roles and related curricula for direct-care workers; or ``(I) any other entity that the Assistant Secretary deems eligible based on integrated care criteria. ``(d) Application.--To be eligible to receive a grant under this section, an eligible entity shall submit to the Assistant Secretary an application at such time, in such manner, and containing such information as the Secretary may require, which shall include-- ``(1) a description of the care coordination and service delivery models of the entity, detailed on a general, organizational, and staff level; ``(2) a description of how the demonstration project carried out by the entity will improve care quality, including specific objectives and anticipated outcomes that will be used to measure success; and ``(3) a description of how the coordinated care team approach with an enhanced role for the direct-care worker under the demonstration project will increase efficiency and cost effectiveness compared to past practice. ``(e) Planning Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity that receives a grant under this section shall receive a grant for planning activities related to the demonstration project to be carried out by the entity, including-- ``(A) designing the implementation of the project; ``(B) identifying competencies and developing curricula for the training of participating direct-care workers; ``(C) developing training materials and processes for other members of the interdisciplinary care team; ``(D) articulating a plan for identifying and tracking cost savings gained from implementation of the project and for achieving long-term financial sustainability; and ``(E) articulating a plan for evaluating the project. ``(2) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $600,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 1 year after the grant is awarded. ``(f) Implementation Awards Under Demonstration Program.-- ``(1) In general.--Each eligible entity may receive a grant for implementation activities related to the demonstration project to be carried out by the entity, if the Assistant Secretary determines the entity-- ``(A) has successfully carried out the activities under the grant awarded under subsection (e); ``(B) offers a feasible plan for long-term financial sustainability; ``(C) has constructed a meaningful model of advancement for direct-care workers; and ``(D) aims to provide training to a sizeable number of direct-care workers and to serve a sizeable number of older individuals. ``(2) Use of funds.--The implementation activities described under paragraph (1) shall include-- ``(A) training of all care team members in accordance with the design of the demonstration project; and ``(B) evaluating the competency of all staff based on project design. ``(3) Evaluation and report.-- ``(A) Evaluation.--Each recipient of a grant under paragraph (1), in consultation with an independent evaluation contractor, shall evaluate-- ``(i) the impact of training and deployment of direct-care workers in advanced roles, as described in this section, within each participating entity on outcomes, such as direct-care worker job satisfaction and turnover, beneficiary and family caregiver satisfaction with services, rate of hospitalization of beneficiaries, and additional measures determined by the Secretary; ``(ii) the impact of such training and deployment on the long-term services and supports delivery system and resources; ``(iii) statement of the potential of the use of direct-care workers in advanced roles to lower cost and improve quality of care in the Medicaid program; and ``(iv) long-term financial sustainability of the model used under the grant and the impact of such model on quality of care. ``(B) Reports.--Not later than 180 days after completion of the demonstration program under this section, each recipient of a grant under paragraph (1) shall submit to the Secretary a report on the implementation of activities conducted under the demonstration project, including-- ``(i) the outcomes, performance benchmarks, lessons learned from the project; ``(ii) a statement of cost savings gained from implementation of the project and how the cost savings have been reinvested to improve direct-care job quality and quality of care; and ``(iii) results of the evaluation conducted under subparagraph (A) with respect to such activities, together with such recommendations for legislation or administrative action for expansion of the demonstration program on a broader scale as the Secretary determines appropriate. ``(4) Amount and term.-- ``(A) Total amount.--The amount awarded under paragraph (1) for all grants shall not exceed $2,900,000. ``(B) Term.--Activities carried out under a grant awarded under paragraph (1) shall be completed not later than 3 years after the grant is awarded.''. | Improving Care for Vulnerable Older Citizens through Workforce Advancement Act of 2017 This bill amends the Older Americans Act of 1965 to direct the Administration on Aging to award grants for eligible consortia of health care providers and facilities to carry out six separate demonstration projects that focus on care coordination and service delivery for older individuals who have chronic illness or are at risk of institutional placement. Specifically, demonstration projects shall focus on: (1) using the abilities of direct-care workers to promote smooth transitions in care and help prevent unnecessary hospital readmissions, (2) maintaining and improving the health status of those with multiple chronic conditions and long-term needs, and (3) training direct-care workers to take on deeper clinical responsibilities. |
SECTION 1. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION OFFICIALS OR ELECTION WORKERS FROM COVERAGE. (a) Limitation on Mandatory Coverage of State Election Officials and Election Workers Without State Retirement System.-- (1) Amendment to social security act.--Section 210(a)(7)(F)(iv) of the Social Security Act (42 U.S.C. 410(a)(7)(F)(iv)) (as amended by section 11332(a) of the Omnibus Budget Reconciliation Act of 1990) is amended by striking ``$100'' and inserting ``$1,000 with respect to service performed during 1994, and the exempt remuneration amount determined under section 218(c)(8)(B) with respect to service performed thereafter''. (2) Amendment to fica.--Section 3121(b)(7)(F)(iv) of the Internal Revenue Code of 1986 (as amended by section 11332(b) of the Omnibus Budget Reconciliation Act of 1990) is amended by striking ``$100'' and inserting ``$1,000 with respect to service performed during 1994, and the exempt remuneration amount determined under section 218(c)(8)(B) of the Social Security Act with respect to service performed thereafter''. (b) Conforming Amendments Relating to Medicare Qualified Government Employment.-- (1) Amendment to social security act.--Section 210(p)(2)(E) of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended by striking ``$100'' and inserting ``$1,000 with respect to service performed during 1994, and the exempt remuneration amount determined under section 218(c)(8)(B) with respect to service performed thereafter''. (2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the Internal Revenue Code of 1986 is amended by striking ``$100'' and inserting ``$1,000 with respect to service performed during 1994, and the exempt remuneration amount determined under section 218(c)(8)(B) of the Social Security Act with respect to service performed thereafter''. (c) Authority for States To Modify Coverage Agreements With Respect to Election Officials and Election Workers.--Section 218(c)(8) of the Social Security Act (42 U.S.C. 418(c)(8)) is amended-- (1) by striking ``on or after January 1, 1968,'' and inserting ``at any time''; (2) by striking ``$100'' and inserting ``$1,000 with respect to service performed during 1994, and the exempt remuneration amount determined under subparagraph (B) with respect to service performed thereafter''; and (3) by striking the last sentence and inserting the following new sentence: ``Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed in and after the calendar year in which the modification is mailed or delivered by other means to the Secretary.''. (d) Indexation of Exempt Remuneration Amount.-- (1) In general.--Section 218(c)(8) of the Social Security Act (as amended by subsection (c)) is further amended-- (A) by inserting ``(A)'' after ``(8)''; and (B) by adding at the end the following new subparagraphs: ``(B) The Secretary shall, on or before November 1 of 1994, and of every year thereafter, determine and publish in the Federal Register the exempt remuneration amount which shall be effective with respect to service performed during the following calendar year. ``(C) The exempt remuneration amount determined under subparagraph (B) shall be the larger of-- ``(i) the dollar amount in effect under subparagraph (A) with respect to service performed during the calendar year in which the determination under subparagraph (B) is made, or ``(ii) the product of-- ``(I) $1,000, and ``(II) the indexing ratio described in subparagraph (D). ``(D) For purposes of subparagraph (C)(ii)(II), the indexing ratio is the ratio of-- ``(i) the deemed average total wages (as defined in section 209(k)(1)) for the calendar year before the calendar year in which the determination under subparagraph (B) is made, to ``(ii) the average of the total wages (as defined in regulations of the Secretary and computed without regard to the limitations specified in section 209(a)(1)) reported to the Secretary of the Treasury or his delegate for 1992 (as published in the Federal Register in accordance with section 215(a)(1)(D)), with such product, if not a multiple of $100, being rounded to the next higher multiple of $100 where such product is a multiple of $50 but not of $100 and to the nearest multiple of $100 in any other case.''. (2) Conforming amendment.--Section 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is amended by inserting ``218(c)(8)(D)(i),'' after ``215(b)(3)(A)(ii),''. (e) Effective Date.--The amendments made by subsections (a), (b), and (c) shall apply with respect to service performed on or after January 1, 1994. | Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to increase the amount of remuneration State and local governments may pay certain election personnel without exceeding the threshold that would bring such personnel under social security coverage. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Microfinance Capacity-Building Act of 2008''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. Congress finds and declares the following: (1) Microfinance is considered one of the great success stories of United States foreign aid because of its ability to reach the poor, especially women, with programs that have a high impact and are highly sustainable. (2) Studies conducted in India, Kenya, and the Philippines found average annual returns on microbusiness investments ranging from 177 to 847 percent, demonstrating the enormous capacity the poor have to work and save their way out of poverty. (3) An estimated 113 million clients are currently being served with microcredit, and the Microcredit Summit Campaign has set a goal of reaching 175 million of the world's poorest families by 2015. (4) The lack of human capital is widely recognized as the single greatest constraint to the growth of leading microfinance networks and other practitioners providing direct financial services to the poor. (5) According to some industry estimates, in order to meet the anticipated demand for microfinance, the industry will have to hire 1.6 million new loan officers in Africa, Asia, Latin America, and the Near East, assuming a loan officer to client ratio of 1 to 300. (6) Conservative estimates state that $2 billion in private investment capital is currently being leveraged for microfinance. Substantially more could be mobilized and invested in some of the world's poorest countries but remains untapped due to the lack of institutional capacity and qualified leaders. (7) The lack of human capacity is particularly severe in sub-Saharan Africa due to the relative immaturity of the microfinance industry, a small pool of trained and certified bankers and finance experts, and the prevalence of HIV/AIDS. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that the microfinance capacity-building activities supported by subsection (d) of section 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a), as added by section 4 of this Act, is intended to drive innovation and provide comprehensive solutions that address the lack of human capital in developing countries, particularly in sub-Saharan Africa. Such activities should provide a regional and sub-regional approach to maximizing economies of scale and should focus predominately on educating and training African nationals in order to build capacity in the microfinance industry in developing countries, particularly in sub-Saharan African countries. SEC. 4. CAPACITY-BUILDING FOR MICROFINANCE SERVICE PROVIDERS. (a) In General.--Section 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 2211a) is amended by adding at the end the following: ``(d) Capacity Building for Microfinance Service Providers.-- ``(1) Authorization.--In carrying out the programs authorized under subsection (a), the Administrator shall establish a grant program to provide assistance on a non- reimbursable basis to private, non-profit networks of microfinance institutions that provide direct financial services, which may include credit of all types, savings, insurance, remittances and cash transfers, to the poor and very poor in developing countries. ``(2) Activities supported.--Assistance provided under paragraph (1) shall, to the maximum extent practicable, be used to carry out traditional and nontraditional education and training for individuals working in the microfinance industry in developing countries, particularly in sub-Saharan African countries. Such education and training may include curriculum development, distance learning, job shadowing, mentoring, training of trainers, scholarships for undergraduate and graduate courses, and purchasing and leasing equipment, including software and other technology, to support activities-- ``(A) to improve the effectiveness of institutional governance structures and quality of senior management, including directors, chief executive officers, chief operating officers, chief financial officers, and other senior staff; ``(B) to strengthen the knowledge and ability of senior and middle managers to establish and implement effective financial and nonfinancial services, including the development and implementation of products and services, risk management, human resources, accounting, process analysis and auditing systems; ``(C) to improve the technical knowledge and ability of microfinance employees, which may include branch managers, loan officer supervisors, loan officers, tellers, insurance agents, and other field staff, regarding delivery of financial services to clients; ``(D) to improve the collection and transmission of training, procedures, and best practices among financial institutions and employees; and ``(E) to identify new staff and ensure the recruitment and retention of trained staff members through the development of incentive programs and educational components. ``(3) Eligibility.--To be eligible for assistance under paragraph (1), a network of microfinance institutions described in paragraph (1) shall-- ``(A) deliver direct financial services to the poor and very poor in at least five developing countries through a network of local microfinance institutions that are owned or formally affiliated and accredited by the network in accordance with its financial and social performance standards; ``(B) operate as a private nonprofit organization; and ``(C) agree to match, in cash contributions from non-federal sources and on a 2 dollar-to-1 dollar basis, the amount of the grant provided to the network under paragraph (1). ``(4) Considerations.--In making a determination to provide assistance under paragraph (1), the Administrator shall ensure that participating networks of microfinance institutions include-- ``(A) not less than 50 percent women in the activities supported under this subsection; and ``(B) 100 percent individuals from developing countries in the activities supported under this subsection. ``(5) Preference.--In making a determination to provide assistance under paragraph (1), the Administrator shall give preference to networks of microfinance institutions that promote the inclusion of women in senior management positions. ``(6) Reporting and evaluation.--(A) The Administrator, acting through the Director, shall establish a reporting and evaluation system to assess the effectiveness of recipient microfinance institutions in carrying out activities under paragraph (2). ``(B) A recipient microfinance institution shall report on the number of (i) individuals educated and trained, (ii) certificates awarded, (iii) university credit units awarded, (iv) degrees awarded, and (v) education and training curriculum units created. ``(C) Data reported by recipient microfinance institutions under clauses (i) through (iv) of subparagraph (B) shall be disaggregated by sex, country of origin, country of employment, and job title or position held. ``(7) Authorization of appropriations.-- ``(A) In general.--To carry out this subsection, there are authorized to be appropriated-- ``(i) $6,000,000 for fiscal year 2009; ``(ii) $12,000,000 for fiscal year 2010; ``(iii) $15,000,000 for fiscal year 2011; ``(iv) $12,000,000 for fiscal year 2012; and ``(v) $5,000,000 for fiscal year 2013. ``(B) Minimum allocation.--Not less than 60 percent of the funds appropriated pursuant to the authorization of appropriations under subparagraph (A) for a fiscal year shall be used to support capacity-building activities in sub-Saharan Africa.''. (b) Conforming Amendment.--Such section is further amended in the heading by adding at the end before the period the following: ``; capacity building for microfinance service providers in sub-saharan africa''. | Microfinance Capacity-Building Act of 2008 - Amends the Foreign Assistance Act of 1961 to direct the United States Agency for International Development (USAID) to provide grants to eligible private non-profit microfinance institution networks that provide direct financial services (including credit, savings, insurance, remittances and cash transfers) to the poor and very poor in developing countries, particularly in sub-Saharan African countries. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century WPA Act''. SEC. 2. DEFINITIONS. In this Act: (1) Administration.--The term ``Administration'' means the Works Progress Administration established under section 3. (2) Eligible departments.--The term ``eligible Departments'' means the Department of Health and Human Services, the Department of Energy, the Department of Agriculture, the Department of the Interior, the Department of Housing and Urban Development, the Department of Transportation, the Department of Commerce, the Department of Education, the Department of Homeland Security, and the Environmental Protection Agency. (3) Eligible individual.--The term ``eligible individual'' means an individual who has been unemployed for at least the 60-day period prior to-- (A) in the case of employment under a work project approved by the Administration under section 4, the commencement of such project; (B) in the case of a fellowship under section 5, the commencement of such fellowship; and (C) in the case of a grant under section 6, the hiring of such individual under the grant. (4) Secretary.--The term ``Secretary'' means the Secretary of Labor. SEC. 3. ESTABLISHMENT OF WORKS PROGRESS ADMINISTRATION. (a) Establishment.--There is established within the Department of Labor a Works Progress Administration to be headed by the Secretary. (b) Purpose.--The purpose of the Administration is to-- (1) receive works project proposals submitted by Federal departments and agencies under section 4(a)(1); and (2) select works projects proposals that meet the criteria under section 4(a)(2), as being eligible for assistance under this Act. SEC. 4. WPA PROJECTS. (a) Project Proposals.-- (1) Submission.--Not later than 30 days after the date of enactment of this Act, and subsequently at such times as the Administration shall request, the Secretary of Health and Human Services, the Secretary of Energy, the Secretary of Agriculture, the Secretary of Interior, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Secretary of Commerce, the Secretary of Education, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agency shall submit to the Administration proposals for works projects within the jurisdiction of each such Secretary or Administrator that satisfy the criteria described in paragraph (2). (2) Criteria.--The criteria described in this paragraph are the following with respect to the work project involved: (A) The project would produce a high number of employee hours per dollar of the total project cost. (B) Individuals with the required skills necessary to carry out the project can be readily recruited and employed from among the eligible individuals described in section 2(3). (C) The project would provide a continuing contribution to economic growth after the project is completed. (D) The project could be staffed by employees with minimal delay. (3) Types of projects.--Works projects under this subsection may include-- (A) residential and commercial building weatherization projects; (B) residential and commercial water use efficiency improvement projects; (C) highway, bridge, and rail repair and maintenance projects; (D) manufacturing projects; (E) school, library, and firehouse construction projects; (F) soil erosion and pesticide runoff prevention projects; (G) trail maintenance projects; and (H) other projects that are proposed by the eligible departments and determined appropriate by the Administration. (b) Requirements.--Project proposals submitted to the Administration under subsection (a)(1) shall include-- (1) a description of the project and a full schedule of estimated costs; (2) an estimate of the number of employment hours required to complete the project; (3) a hiring timetable relating to the employment of various staffing levels under the project; (4) an estimated project completion date; and (5) such other information as the eligible department determines appropriate. (c) Selection of Proposals.--The Administration shall approve those proposals submitted under subsection (a)(1) that meet the criteria under subsection (a)(2) and provide funding for such project from amounts appropriated under section 8. (d) Project Administration.--An eligible department that has submitted a works project proposal under subsection (a)(1) shall have primary responsibility for the administration and completion of the project. (e) Contracting.--An eligible department shall be a party to any contract that governs a works project that is approved and funded in any manner under this Act. SEC. 5. WPA FELLOWSHIPS. (a) In General.--An eligible employer that is unable to hire an individual to fill an employment position that has been vacant for at least 90 days shall be eligible to enter into an agreement under this section with the Administration to provide training to a WPA fellow with respect to such position so that such fellow may become qualified to be employed by the employer to fill such position. (b) Eligible Employer.--To be eligible to enter into an agreement under subsection (a), an employer shall submit an application to the Administration at such time, in such manner, and containing such information as the Secretary may require, including-- (1) a description of the employment position for which the employer is seeking a WPA fellow; and (2) a certification that the employer has been unable to fill such position during at least the 90-day period prior to the date of the application. (c) Fellows.--An eligible individual may submit an application to the Administration to participate in the WPA fellowship program. Such application shall include such information as the Secretary shall require. The Administration shall maintain a list of eligible individuals who have submitted applications under this subsection, along with a description of the skills of each such individual. (d) Terms of Fellowship.-- (1) Detailing to employer.--An eligible individual who is selected to participate in the WPA fellowship program under this section shall be an employee of the Administration who is detailed by the Secretary to fill the employment position of an eligible employer under this section. (2) Training period.--A WPA fellow that is detailed to an employer under paragraph (1) shall be provided with training by such employer with respect to the employment position for a period of not to exceed 12 months, except that the employer may at any time during such 12-month period employ such fellow to fill such employment position. At the conclusion of such 12- month period, the employer shall employ such fellow or terminate the services of the fellow. SEC. 6. PUBLIC SAFETY HIRING GRANTS. The Secretary may transfer amounts appropriated under section 8-- (1) to the Attorney General for use under the grant program under section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) for the hiring of eligible individuals; and (2) to the Federal Emergency Management Agency for use under the Staffing For Adequate Fire & Emergency Response Grant program under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2200 et seq.) for the hiring of eligible individuals. SEC. 7. REPORTING AND OVERSIGHT. (a) In General.--Not later than 6 months after the date of enactment of this Act, and biannually thereafter (on June 30 and December 31 of each year), the Administration shall submit to Congress a report that describes-- (1) the number of works project proposals submitted to the Administration under section 4; (2) the number of works projects approved by the Administration during the reporting period; (3) the number of works projects completed by the date of the report; and (4) with respect to each approved work project, a project description that includes information about whether the project is complete and such other information as the Administration determines appropriate. (b) Audits.--The Government Accountability Office shall conduct an annual audit of-- (1) the performance and activities of the Administration; (2) the performance and completion of work projects; and (3) the performance of the eligible departments with respect to such projects. SEC. 8. APPROPRIATIONS. Out of funds of the Treasury not otherwise appropriated, there is appropriated to carry out this Act, $250,000,000,000 for the period of fiscal years 2012 through 2013. SEC. 9. SUNSET. The authority of the Administration to provide assistance for works projects under this Act shall terminate upon the date on which the Secretary certifies that the national unemployment rate is below 6 percent. SEC. 10. SURCHARGE ON HIGH INCOME INDIVIDUALS. (a) In General.--Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: ``PART VIII--SURCHARGE ON HIGH INCOME INDIVIDUALS ``Sec. 59B. Surcharge on high income individuals. ``SEC. 59B. SURCHARGE ON HIGH INCOME INDIVIDUALS. ``(a) General Rule.--In the case of a taxpayer other than a corporation, there is hereby imposed (in addition to any other tax imposed by this subtitle) a tax equal to 5.4 percent of so much of the modified adjusted gross income of the taxpayer as exceeds $1,000,000 ($2,000,000 in the case of any taxpayer making a joint return under section 6013). ``(b) Modified Adjusted Gross Income.--For purposes of this section, the term `modified adjusted gross income' means adjusted gross income reduced by any deduction (not taken into account in determining adjusted gross income) allowed for investment interest (as defined in section 163(d)). In the case of an estate or trust, adjusted gross income shall be determined as provided in section 67(e). ``(c) Special Rules.-- ``(1) Nonresident alien.--In the case of a nonresident alien individual, only amounts taken into account in connection with the tax imposed under section 871(b) shall be taken into account under this section. ``(2) Citizens and residents living abroad.--The dollar amount in effect under subsection (a) shall be decreased by the excess of-- ``(A) the amounts excluded from the taxpayer's gross income under section 911, over ``(B) the amounts of any deductions or exclusions disallowed under section 911(d)(6) with respect to the amounts described in subparagraph (A). ``(3) Charitable trusts.--Subsection (a) shall not apply to a trust all the unexpired interests in which are devoted to one or more of the purposes described in section 170(c)(2)(B). ``(4) Not treated as tax imposed by this chapter for certain purposes.--The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter or for purposes of section 55. ``(d) Deficit Reduction.--Amounts collected under this section shall be used to reduce the Federal deficit.''. (b) Clerical Amendment.--The table of parts for subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``part viii. surcharge on high income individuals.''. (c) Section 15 Not To Apply.--The amendment made by subsection (a) shall not be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2011. | 21st Century WPA Act - Establishes within the Department of Labor a Works Progress Administration (WPA). Requires eligible federal departments to submit to the WPA proposals for works projects that produce a high number of employee hours per dollar of the total project cost, and meet certain other criteria. Permits such projects to include: (1) residential and commercial building weatherization projects; (2) residential and commercial water use efficiency improvement projects; (3) highway, bridge, and rail repair and maintenance projects; (4) manufacturing projects; (5) school, library, and firehouse construction projects; (6) soil erosion and pesticide runoff prevention projects; and (7) trail maintenance projects. Makes an employer who is unable to hire an individual to fill a job position that has been vacant for 90 days eligible to enter into an agreement with the WPA to provide training to a WPA fellow in order to become qualified to fill such position. Prescribes WPA fellowship program requirements. Authorizes the Secretary of Labor to transfer amounts appropriated under this Act to the Attorney General and to the Federal Emergency Management Agency (FEMA) for grants for the hiring of eligible public safety individuals. Amends the Internal Revenue Code to impose a 5.4% surcharge on individual taxpayers whose modified adjusted gross income exceeds $1 million ($2 million for joint returns). Dedicates amounts collected from such surcharge to federal deficit reduction. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013'' or ``New Fair Deal CEO's Act of 2013''. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is the following: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--SUGAR Sec. 101. Elimination of sugar price support and production adjustment programs and related sugar corporate welfare programs. Sec. 102. Elimination of sugar tariff and over-quota tariff rate. TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROGRAMS Sec. 201. Termination of NOAA Fishery promotion and development subsidies. Sec. 202. Termination of NOAA fisheries finance program. TITLE III--FEDERAL RAILROAD ADMINISTRATION PROGRAMS Sec. 301. High-speed rail. Sec. 302. Railroad rehabilitation and improvement. Sec. 303. Railroad research and development. TITLE IV--MARITIME ADMINISTRATION PROGRAMS Sec. 401. Termination of title IX guaranteed loan program. Sec. 402. Termination of ocean freight differential subsidies. TITLE V--APPALACHIAN REGIONAL COMMISSION Sec. 501. Termination of Appalachian Regional Commission. TITLE VI--ECONOMIC DEVELOPMENT ADMINISTRATION Sec. 601. Termination of Economic Development Administration. TITLE VII--GENERAL PROVISIONS Sec. 701. Conclusion of business. TITLE I--SUGAR SEC. 101. ELIMINATION OF SUGAR PRICE SUPPORT AND PRODUCTION ADJUSTMENT PROGRAMS AND RELATED SUGAR CORPORATE WELFARE PROGRAMS. (a) Repeal of Sugar Price Support Authority.--Section 156 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272) is repealed. (b) Termination of Marketing Quotas and Allotments.-- (1) In general.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa et seq.) is repealed. (2) Conforming amendment.--Section 344(f)(2) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (c) Exclusion of Sugar From General USDA Price Support Powers.-- (1) Section 32 activities.--Section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) is amended in the second sentence of the first paragraph-- (A) in paragraph (1), by inserting ``(other than sugar beets and sugarcane)'' after ``commodities''; and (B) in paragraph (3), by inserting ``(other than sugar beets and sugarcane)'' after ``commodity''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``, sugar beets, and sugarcane'' after ``tobacco''. (3) Price support for nonbasic agricultural commodities.-- Section 201(a) of the Agricultural Act of 1949 (7 U.S.C. 1446(a)) is amended by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''. (4) Commodity credit corporation storage payments.--Section 167 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7287) is repealed. (5) Storage facility loans.--Section 1402(c) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7971(c)) is repealed. (6) Feedstock flexibility program for bioenergy producers.--Section 9010 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8110) is repealed. (d) Implementation and Transition Provisions.-- (1) In general.--Notwithstanding any other provision of law-- (A) a processor of any of the 2013 or subsequent crops of sugarcane or sugar beets shall not be eligible for a loan under any provision of law with respect to the crop; and (B) the Secretary of Agriculture may not make price support available, whether in the form of a loan, payment, purchase, or other operation, for any of the 2013 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary. (2) Continued liability.--This section and the amendments made by this section shall not affect the liability of any person under any provision of law as in effect before the application of this section and the amendments made by this section. SEC. 102. ELIMINATION OF SUGAR TARIFF AND OVER-QUOTA TARIFF RATE. (a) Elimination of Tariff on Raw Cane Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.13 through 1701.13.50 and subheadings 1701.14 through 1701.14.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.13, as in effect on the day before the date of the enactment of this section: `` 1701. 13.00 Cane sugar......... Free ................... 39.85 cents/kg ''. (b) Elimination of Tariff on Beet Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking subheadings 1701.12 through 1701.12.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.12, as in effect on the day before the date of the enactment of this section: `` 1701.12.00 Beet sugar......... Free ................... 42.05 cents/kg '' . (c) Elimination of Tariff on Certain Refined Sugar.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking the superior text immediately preceding subheading 1701.91.05 and by striking subheadings 1701.91.05 through 1701.91.80 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.13.05, as in effect on the day before the date of the enactment of this section: `` 1701.91.02 Containing added Free ................... 42.05 cents/kg '' coloring but not ; containing added flavoring matter.. (2) by striking subheadings 1701.99 through 1701.99.50 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1701.99, as in effect on the day before the date of the enactment of this section: `` 1701.99.00 Other.............. Free ................... 42.05 cents/kg '' ; (3) by striking the superior text immediately preceding subheading 1702.90.05 and by striking subheadings 1702.90.05 through 1702.90.20 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 1702.60.22: `` 1702.90.02 Containing soluble Free 42.05 cents/kg '' non-sugar solids ; (excluding any foreign substances, including but not limited to molasses, that may have been added to or developed in the product) equal to 6 percent or less by weight of the total soluble solids............ and (4) by striking the superior text immediately preceding subheading 2106.90.42 and by striking subheadings 2106.90.42 through 2106.90.46 and inserting in numerical sequence the following new subheading, with the article description for such subheading having the same degree of indentation as the article description for subheading 2106.90.39: `` 2106.90.40 Syrups derived from Free 42.50 cents/kg '' cane or beet . sugar, containing added coloring but not added flavoring matter.. (d) Conforming Amendments.--Chapter 17 of the Harmonized Tariff Schedule of the United States is amended by striking additional U.S. notes 5, 7, 8, and 9. (e) Administration of Tariff-Rate Quotas.--Section 404(d)(1) of the Uruguay Round Agreements Act (19 U.S.C. 3601(d)(1)) is amended-- (1) by inserting ``or'' at the end of subparagraph (B); (2) by striking ``; or'' at the end of subparagraph (C) and inserting a period; and (3) by striking subparagraph (D). (f) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. TITLE II--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PROGRAMS SEC. 201. TERMINATION OF NOAA FISHERY PROMOTION AND DEVELOPMENT SUBSIDIES. Title II of the Fish and Seafood Promotion Act of 1986 (16 U.S.C. 4001 et seq.) is repealed. SEC. 202. TERMINATION OF NOAA FISHERIES FINANCE PROGRAM. (a) Termination.--Section 53702(b) of title 46, United States Code, is amended by adding at the end the following: ``(3) Termination of fishery loan program.--No obligation involving a fishing vessel, fishery facility, aquaculture facility, individual fishing quota, or fishing capacity reduction program may be issued or guaranteed under this chapter after the date of this paragraph.''. TITLE III--FEDERAL RAILROAD ADMINISTRATION PROGRAMS SEC. 301. HIGH-SPEED RAIL. Chapter 261 of title 49, United States Code, is repealed. SEC. 302. RAILROAD REHABILITATION AND IMPROVEMENT. Title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821, et seq.) is repealed. SEC. 303. RAILROAD RESEARCH AND DEVELOPMENT. Section 20108(a) and (b), and section 20117(d) and (e), of title 49, United States Code, are repealed. TITLE IV--MARITIME ADMINISTRATION PROGRAMS SEC. 401. TERMINATION OF TITLE IX GUARANTEED LOAN PROGRAM. (a) Repeal.--Chapter 537 of title 46, United States Code, is repealed. (b) Clerical Amendment.--The analysis at the beginning of subtitle V of such title is amended by striking the item relating to such chapter. (c) Conforming Amendments.--Such title is further amended-- (1) in section 31308, by inserting ``as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013,'' after ``chapter 537 of this title,''; (2) in section 31326(b), by inserting ``as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013,'' after ``chapter 537 of this title,'' each place it appears; (3) in section 51704(b), by inserting ``as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013,'' after ``chapter 537 of this title,''; (4) in section 553301(a)(2), by inserting ``as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013,'' after ``chapter 537 of this title,''; and (5) in section 57101(b), by inserting ``(as in effect before the date of the enactment of the New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013)'' after ``537''. SEC. 402. TERMINATION OF OCEAN FREIGHT DIFFERENTIAL SUBSIDIES. (a) Repeal.--Sections 55316 and 55317 of title 46, United States Code, are repealed. (b) Clerical Amendment.--The analysis at the beginning of chapter 553 of such title is amended by striking the item relating to such sections. TITLE V--APPALACHIAN REGIONAL COMMISSION SEC. 501. TERMINATION OF APPALACHIAN REGIONAL COMMISSION. (a) Termination.--The Appalachian Regional Commission is terminated. (b) Repeal.--Subtitle IV of title 40, United States Code, is repealed. TITLE VI--ECONOMIC DEVELOPMENT ADMINISTRATION SEC. 601. TERMINATION OF ECONOMIC DEVELOPMENT ADMINISTRATION. (a) Termination.--The Economic Development Administration is terminated. (b) Repeal.--The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is repealed. TITLE VII--GENERAL PROVISIONS SEC. 701. CONCLUSION OF BUSINESS. (a) Conclusion of Business.--The President shall take such actions as may be necessary and appropriate to conclude the outstanding affairs of each program and activity terminated by this Act and the amendments made by this Act. (b) Limitation on Statutory Construction.--This section may not be construed to prevent the expenditure of any funds received under any program or activity terminated by this Act and the amendments made by this Act. Such funds shall be subject to the laws and regulations that would have applied to the funds if this Act had not been enacted. | New Fair Deal Consolidating and Eliminating Outdated Subsidies Act of 2013 or New Fair Deal CEO's Act of 2013 - Amends the Federal Agriculture Improvement and Reform Act of 1996 to repeal the sugar price support and production adjustment programs, and terminate sugar marketing quotas and allotments. Eliminates tariffs on: (1) raw sugar cane, (2) beet sugar, and (3) certain refined sugar. Repeals the Fish and Seafood Promotion Act of 1986. Amends federal shipping law to terminate the authority of the Secretary of Commerce or the Administrator of the Maritime Administration to guarantee the payment of principal and interest on direct loans for fisheries. Repeals: (1) the high-speed rail corridor development program, (2) the authority of the Secretary of Transportation (DOT) (Secretary) under the Railroad Revitalization and Regulatory Reform Act of 1976 to provide direct loans and loan guarantees for railroad rehabilitation and improvement projects, and (3) the Secretary's authority to carry out railroad safety research and development programs. Repeals the Maritime Guaranteed Loan Program. Repeals the Secretary's authority to reimburse (subsidize) the Secretary of Agriculture and the Commodity Credit Corporation (CCC) for increased ocean freight and ocean freight differential transportation charges incurred in the export of agricultural commodities and their products. Terminates: (1) the Appalachian Regional Commission, and (2) the Economic Development Administration (EDA) of the Department of Commerce. Repeals the Public Works and Economic Development Act of 1965. Requires the President to take necessary action to conclude the outstanding affairs of each program and activity terminated by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Integrity of the United States Courts Act of 2003''. SEC. 2. JUDICIAL REVIEW OF BINATIONAL PANEL AND COMMITTEE DECISIONS. (a) In General.--Subtitle A of title IV of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431 et seq.) is amended by inserting after section 404 the following new section: ``SEC. 404A. REVIEW OF BINATIONAL PANEL AND COMMITTEE DETERMINATIONS. ``(a) Basis for Review in Court of International Trade.-- ``(1) In general.--If, within 30 days after publication in the Federal Register of notice that a binational panel or committee has issued a determination following a review under article 1904 of a decision of a competent investigating authority in the United States, a Party or person, referred to in paragraph 5 of article 1904, alleges that-- ``(A)(i) the determination of the panel or committee, as the case may be, was based on a misinterpretation of United States law, ``(ii) a member of a panel or committee was guilty of gross misconduct, bias, or a serious conflict of interest, or otherwise materially violated the rules of conduct established for panelists or committee members, respectively, ``(iii) the panel or committee seriously departed from a fundamental rule of procedure, or ``(iv) the panel or committee manifestly exceeded its powers, authority, or jurisdiction set out in article 1904, such as failing to apply the appropriate standard of review, and ``(B) any element described in subparagraph (A) has materially affected the decision of the panel or committee and threatens the integrity of the binational panel or committee review process, then such party or person may file an appeal with the United States Court of International Trade, seeking review of the binational panel or committee determination pursuant to section 516A of the Tariff Act of 1930. ``(2) Review in court of international trade where binational panel or committee does not act.-- ``(A) In general.--If a request for a panel or committee review has been made under article 1904, and a panel or committee, as the case may be, is not convened within 120 days after the request, a person, referred to in paragraph 5 of article 1904, may commence an action in the United States Court of International Trade contesting the determination with respect to which the request was filed. The commencement of such an action shall be in accordance with paragraph (1) or (2) of section 516A(a) of the Tariff Act of 1930, notwithstanding the 30-day limitation on the commencement of actions set forth in such section 516A. ``(B) Requests by other persons.--After an action is commenced under subparagraph (A), any other person may commence an action in accordance with the requirements of paragraph (1) or (2) of section 516A(a) of the Tariff Act of 1930 within 30 days after the date the initial action is filed under this paragraph, but only with respect to a claim that such person raised before the panel or committee. ``(b) Decisions of the Court.-- ``(1) In general.--In an appeal filed under subsection (a)(1) for review of a binational panel or committee determination, the Court of International Trade shall, after examining the legal and factual analysis underlying the findings and conclusions of the decision of the panel or committee, as the case may be, determine whether any of the elements described in subsection (a)(1)(A) has been established. If the court finds that any of the elements has been established, the court shall vacate the original panel or committee decision and enter judgment accordingly. If the elements are not established, the court shall affirm the original binational panel or committee decision. Decisions of the Court of International Trade under this paragraph shall be binding on the parties with respect to the matters between the parties that were before the panel or committee, as the case may be. ``(2) Decisions where panel or committee not convened.--In the case of an action for review of a determination filed under subsection (a)(2), the Court of International Trade shall conduct such review under section 516A(b) of the Tariff Act of 1930. Decisions of the Court of International Trade under this paragraph shall be binding on all parties with respect to the matters between the parties that would have been before a panel or committee had the panel or committee been convened. ``(c) Exclusive Jurisdiction.--If a Party or person, referred to in paragraph 5 of article 1904, timely files a notice of appeal to the Court of International Trade pursuant to this section, the United States Court of International Trade shall have exclusive jurisdiction over the matter, and the determination of the United States Court of International Trade shall not be subject to review by an extraordinary challenge committee or binational panel. ``(d) Applicability.--This section applies to determinations by a binational panel or committee under NAFTA that involves an antidumping duty or countervailing duty determination of a competent investigating authority in the United States.''. (b) Conforming Amendment.--The table of contents of the North American Free Trade Implementation Act is amended by inserting after the item relating to section 404 the following: ``404A. Review of binational panel and committee determinations.''. SEC. 3. JURISDICTION OF THE COURT OF INTERNATIONAL TRADE. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended-- (1) in subsection (a)(2)-- (A) in subparagraph (A)(i)(I), by striking ``or (viii)'' and inserting ``(viii), (ix), or (x)''; and (B) in subparagraph (B), by adding at the end the following: ``(ix) A final determination of a binational panel convened pursuant to article 1904 of the NAFTA. ``(x) A final determination described in section 404A(a)(2) of the North American Free Trade Agreement Implementation Act.''; (2) in subsection (a)(5), in the matter preceding subparagraph (A), by inserting ``(other than a determination described in subsection (g)(3)(A)(vii))'' after ``apply''; and (3) in subsection (g)(3)(A)-- (A) in clause (v), by striking ``or'' at the end; (B) in clause (vi), by striking the period and inserting ``, or''; and (C) by adding at the end the following: ``(vii) a determination of which either a Party or person, referred to in paragraph 5 of article 1904 of the NAFTA, has requested review pursuant to section 404A of the North American Free Trade Agreement Implementation Act.''. SEC. 4. APPLICATION TO CANADA AND MEXICO. Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act, the amendments made by this Act shall apply with respect to goods from Canada and Mexico. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to-- (1) any final determination of a binational panel or committee convened pursuant to article 1904 of the North American Free Trade Agreement, notice of which is published in the Federal Register on or after the date of enactment of this Act; and (2) any request for panel or committee review to which section 404A(a)(2) of the North American Free Trade Agreement Implementation Act applies that is pending on or after the date of enactment of this Act. | Integrity of the United States Courts Act of 2003 - Amends the North American Free Trade Agreement Implementation Act to permit a party or person to file with the U.S. Court of International Trade an appeal of a determination of a binational panel or committee, alleging that a panel or committee determination was based on a misinterpretation of U.S. law, a member of a binational panel or committee is guilty of gross misconduct, bias, or serious conflict of interest, or that the panel or committee seriously departed from a fundamental rule of procedure or exceeded its own authority, and such actions have materially affected panel or committee determinations with respect to antidumping and countervailing duty cases and threaten the integrity of the panel or committee review process. Authorizes a person to commence an action in the U.S. Court of International Trade if such person has requested a panel or committee review of an antidumping or countervailing duty determination, but such panel or committee is not convened within 120 days. Amends the Tariff Act of 1930 to grant the U.S. Court of International Trade jurisdiction over the review of a final determination of a binational panel or an investigating authority.Declares that the amendments made by this Act with respect to antidumping and countervailing duty law shall apply to goods from Canada and Mexico. |
SECTION 1. WELCOME HOME VIETNAM VETERANS DAY. (a) Findings.--Congress finds that-- (1) the Vietnam War was fought in the Republic of South Vietnam from 1961 to 1975, and involved North Vietnamese regular forces and Viet Cong guerrilla forces in armed conflict with United States Armed Forces, allies of the United States, and the Army of the Republic of Vietnam; (2) the United States Armed Forces became involved in Vietnam because the United States Government wanted to provide direct military support to the Government of South Vietnam to defend itself against the growing Communist threat from North Vietnam; (3) members of the United States Armed Forces began serving in an advisory role to the Government of the Republic of South Vietnam in 1961; (4) as a result of the Gulf of Tonkin incidents on August 2 and 4, 1964, Congress overwhelmingly passed the Gulf of Tonkin Resolution (Public Law 88-408), on August 7, 1964, which provided the authority to the President of the United States to prosecute the war against North Vietnam; (5) in 1965, United States Armed Forces ground combat units arrived in Vietnam; (6) by the end of 1965, there were 80,000 United States troops in Vietnam, and by 1969, a peak of approximately 543,000 troops was reached; (7) on January 27, 1973, the Treaty of Paris was signed, which required the release of all United States prisoners-of- war held in North Vietnam and the withdrawal of all United States Armed Forces from South Vietnam; (8) on March 29, 1973, the United States Armed Forces completed the withdrawal of combat units and combat support units from South Vietnam; (9) on April 30, 1975, North Vietnamese regular forces captured Saigon, the capitol of South Vietnam, effectively placing South Vietnam under Communist control; (10) more than 58,000 members of the United States Armed Forces lost their lives in Vietnam and more than 300,000 members of the Armed Forces were wounded; (11) in 1982, the Vietnam Veterans Memorial was dedicated in the District of Columbia to commemorate those members of the United States Armed Forces who died or were declared missing- in-action in Vietnam; (12) the Vietnam War was an extremely divisive issue among the people of the United States and a conflict that caused a generation of veterans to wait too long for the United States public to acknowledge and honor the efforts and services of such veterans; (13) members of the United States Armed Forces who served bravely and faithfully for the United States during the Vietnam War were often wrongly criticized for the policy decisions made by 4 presidential administrations in the United States; (14) the establishment of a ``Welcome Home Vietnam Veterans Day'' would be an appropriate way to honor those members of the United States Armed Forces who served in South Vietnam and throughout Southeast Asia during the Vietnam War; and (15) March 29 would be an appropriate day to establish as ``Welcome Home Vietnam Veterans Day''. (b) Welcome Home Vietnam Veterans Day.--Chapter 1 of title 36, United States Code, is amended by adding at the end the following: ``Sec. 145. Welcome Home Vietnam Veterans Day ``The President may issue each year a proclamation-- ``(1) designating March 29 as Welcome Home Vietnam Veterans Day; ``(2) honoring and recognizing the contributions of veterans who served in the United States Armed Forces in Vietnam during war and during peace; ``(3) encouraging States and local governments to establish a Welcome Home Vietnam Veterans Day; and ``(4) encouraging the people of the United States to observe Welcome Home Vietnam Veterans Day with appropriate ceremonies and activities that-- ``(A) provide the appreciation veterans of the Vietnam War deserve, but did not receive upon returning home from the war; ``(B) demonstrate the resolve that never again shall the people of the United States disregard and denigrate a generation of veterans; ``(C) promote awareness of the faithful service and contributions of the veterans of the Vietnam War during military service as well as to the communities of the veterans since returning home; ``(D) promote awareness of the importance of entire communities empowering veterans and the families of veterans in helping the veterans readjust to civilian life after military service; and ``(E) promote opportunities for veterans of the Vietnam War to assist younger veterans returning from the wars in Iraq and Afghanistan in rehabilitation from wounds, both seen and unseen, and to support the reintegration of younger veterans into civilian life.''. (c) Conforming Amendment.--The table of sections for chapter 1 of title 36, United States Code, is amended by adding at the end the following: ``145. Welcome Home Vietnam Veterans Day.''. | Authorizes the President to annually issue a proclamation: (1) designating March 29 as Welcome Home Vietnam Veterans Day, (2) honoring and recognizing the contributions of veterans who served in Vietnam during war and peace, (3) encouraging state and local governments to establish a Welcome Home Vietnam Veterans Day, and (4) encouraging the people of the United States to observe such Day with appropriate ceremonies and activities. |
SECTION 1. ESTATE TAX VALUATION OF CERTAIN HISTORIC PROPERTY. (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 2032A the following new section: ``SEC. 2032B. VALUATION OF CERTAIN HISTORIC PROPERTY. ``(a) Value Based on Net Earnings of Historic Property.--If-- ``(1) the decedent was (at the time of his death) a citizen or resident of the United States, and ``(2) the executor executes an agreement which meets the requirements of subsection (c), then, for the purposes of this chapter, the value of qualified historic property shall be based on the net earnings (as defined in subsection (b)(3)) derived from such property. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified historic property.--The term `qualified historic property' means-- ``(A) any building (and its structural components)-- ``(i) which is designated as a National Historic Landmark under section 101 of the National Historic Preservation Act at the time of the decedent's death and for a continuous period of at least 25 years prior to the decedent's death, and ``(ii) which was originally used for residential or farming purposes, ``(B) any other real property to the extent reasonably necessary for ingress, egress, public enjoyment, and visitation of the property described in subparagraph (A) (but not including any real property used primarily for the sale, production, or manufacturing of products or for lodging purposes), and ``(C) personal property included within, or associated with, property described in subparagraph (A) or (B) if such personal property-- ``(i) is held by the decedent holding such building, ``(ii) has been so included within, or associated with, such property so described throughout the 25-year period ending on the date of the decedent's death, and ``(iii) is covered by the agreement referred to in subsection (a)(2) which covers such building, owned by the decedent throughout the 25-year period ending on the date of the decedent's death. ``(2) Treatment of historic property held by a corporation.--In the case of a corporation all of the stock in which was held on the date of the decedent's death by the decedent or members of the decedent's family (as defined in section 2032A(e)(2))-- ``(A) stock in such corporation shall be treated for purposes of this section as qualified historic property to the extent that the value of such stock is attributable to qualified historic property held by such corporation, but ``(B) the requirements of subsection (c) shall be met only if each member of the decedent's family holding such stock on such date signs the agreement referred to in subsection (a)(2). ``(3) Net earnings.--The term `net earnings' means income derived from qualified historic property (determined without regard to any interest, depreciation, or tax expense) times 7. ``(4) Determination of time periods.--In determining the period for which the decedent has held any property or stock, there shall be included the period for which such property or stock was held by members of the decedent's family (as defined in section 2032A(e)(2)). ``(c) Requirements for Agreement.-- ``(1) In general.--For purposes of subsection (a)(2), an agreement meets the requirements of this subsection if-- ``(A) such agreement is a written agreement signed by each person in being who has an interest (whether or not in possession) in the building described in subsection (b)(1)(A), ``(B) such agreement provides that the only activities carried on at such building are activities which are substantially related (aside from the need for income or funds or the use made of the profits derived) to-- ``(i) the public visitation of such building and the property described in subsection (b)(1)(B) with respect to such property), and ``(ii) the maintenance and preservation of such building and property for such public visitation, and ``(C) such agreement provides that such building will be open to the public for a period of at least 25 years beginning on the date on which the return of the tax imposed by this chapter is filed. ``(2) Open to the public.--For the purposes of paragraph (1)(C)-- ``(A) a property shall be treated as being open to the public for any year if-- ``(i) a substantial portion of the property is open for public visitation for at least 8 hours per day and 6 days per week during at least any 40 weeks of such year, ``(ii) the executor notifies the State historic agency that the property is open and available for public visitation, ``(iii) public access to the property is achievable without undue and deliberate difficulty or cost purposely intended to discourage the visitation of the property, ``(iv) 1 or more of the signatories to the agreement or professional or trained volunteer staff representing such signatories are available to facilitate the visitation of the property through at least 2 methods and practices common to the tourism industry, including telephone, website, mailing address, or ticket booth, and ``(v) there is an ongoing effort to ensure the general public is aware that the property is available for visitation, and ``(B) the 25-year period referred to in such paragraph shall be suspended during reasonable periods of renovation. Communication under subparagraph (A)(v) shall not necessarily require expenditure of monies for advertising, but should include periodic contact with groups such as State and local historic agencies and tourism boards. ``(d) Tax Treatment of Dispositions and Failure To Comply With Agreement.-- ``(1) Imposition of additional estate tax.--If, during the 25-year period referred to in subsection (c)(1)(C)-- ``(A) any person signing the written agreement referred to in subsection (a)(2) disposes of any interest in the building subject to such agreement, or ``(B) there is a violation of any provision of such agreement (as determined under regulations prescribed by the Secretary), then there is hereby imposed an additional estate tax. ``(2) Exception for certain transferees who agree to be bound by agreement.--No tax shall be imposed under paragraph (1) by reason of any disposition if the person acquiring such interest-- ``(A) is a qualified organization (as defined in section 170 (b)(1)(A)) or is a member of the family (as defined in section 2032A(e)(2)) of the person disposing of such interest, and ``(B) agrees to be bound by the agreement referred to in subsection (a)(2) and to be liable for any tax under this subsection in the same manner as the person disposing of such interest. ``(3) Amount of additional tax.--The amount of the additional tax imposed by paragraph (1) with respect to any property shall be an amount equal to the excess of-- ``(A) what would (but for subsection (a)) have been the tax imposed by section 2001 (reduced by the credits allowable), over ``(B) the tax imposed by section 2001 (as so reduced). ``(4) Due date.--The additional tax imposed by this subsection shall be due and payable on the day which is 9 months after the date of the disposition or violation referred to in paragraph (1). ``(5) Liability for tax.--Any person signing the agreement referred to in subsection (a)(2) (other than the executor) shall be personally liable for the additional tax imposed by this subsection. If more than 1 person is liable under this subsection, all such persons shall be jointly and severally liable. ``(6) Certain other rules to apply.--Rules similar to the rules of sections 1016(c), 2013(f), and 2032A(f) shall apply for purposes of this subsection.''. (b) Coordination With Gift Tax.--Section 2512 of the Internal Revenue Code of 1986 (relating to valuation of gifts) is amended by adding at the end the following new subsection: ``(c) For the purposes of this chapter, the value of qualified historic property (as defined in section 2032B(b)(1)) transferred for less than an adequate and full consideration shall be valued under section 2032B.''. (c) Technical Amendments.-- (1) Subparagraph (A) of section 2056A(b)(10) of the Internal Revenue Code of 1986 is amended by inserting ``2032B,'' after ``2032A,''. (2) The table of sections for part III of subchapter A of chapter 11 of such Code is amended by inserting after the item relating to section 2032A the following new item: ``Sec. 2032B. Valuation of certain historic property.''. (d) Effective Date.--The amendments made by this section shall apply with respect to the estates of decedents dying after the date of the enactment of this Act. Notwithstanding the preceding sentence, for the purposes of section 901 of the Economic Growth and Tax Reconciliation Act of 2001, the amendments made by this section shall be treated as being enacted before the date of the enactment of such Act. | Amends the Internal Revenue Code to allow decedent estates to base the value of qualified historic property on the net earnings of such property for estate and gift tax purposes. Defines "qualified historic property" as any building designated as a national historic landmark for at least 25 years prior to the death of a decedent and originally used for residential or farming purposes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Life Sciences Jobs and Investment Act of 2010''. SEC. 2. INCREASED CREDIT FOR INITIAL LIFE SCIENCES RESEARCH. (a) In General.--Subsection (h) of section 41 of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and inserting after subsection (g) the following new subsection: ``(h) Special Rules for Increased Initial Life Sciences Research.-- ``(1) In general.--In the case of qualified initial life sciences research expenses for any taxable year with respect to which the taxpayer elects the application of this subsection-- ``(A) Increased credit.--Subsection (a) shall be applied by substituting `40 percent' for `20 percent'. ``(B) Amounts paid with respect to qualified life sciences research to certain research consortia, eligible small businesses, universities, and federal laboratories.--Subsection (b)(3)(A) shall be applied by substituting `100 percent' for `65 percent', in the case of amounts paid or incurred to persons described in subclauses (I) and (III) of subsection (b)(3)(C)(ii) or subclause (I), (II), or (III) of subsection (b)(3)(D)(i), with respect to qualified life sciences research. ``(C) Alternative simplified credit in case of initial qualified life science research.-- ``(i) Subsection (c)(5)(A) shall be applied by substituting `28 percent' for `14 percent', and ``(ii) subsection (c)(5)(B) shall be applied by substituting `12 percent' for `6 percent'. ``(2) Definitions.--For purposes of this subsection-- ``(A) Qualified initial life sciences research expenses.-- ``(i) In general.--The term `qualified initial life sciences research expenses' means so much of the amounts taken into account under subsection (a) as-- ``(I) are attributable to qualified life sciences research, and ``(II) do not exceed $150,000,000. ``(ii) Excluded expenses.--Such term does not include any amount paid or incurred by the taxpayer to compensate any covered employee (as defined in section 162(m)(3)) for services, to pay dividends to the shareholders of the taxpayer, or to pay interest or principal on any debt security of the taxpayer. ``(iii) Substantiation of compliance.-- ``(I) In general.--The taxpayer must substantiate its compliance with clause (ii) with written documents and such other credible evidence as the Secretary may reasonably require, and shall bear the burden of proof with respect to such substantiation. ``(II) Certification.--The chief executive officer and the independent director serving as head of the audit committee of the taxpayer, or comparable entity officials, shall attest in writing to the taxpayer's compliance with the requirements of clause (ii). ``(B) Qualified life sciences research.-- ``(i) In general.--The term `qualified life sciences research' means any qualified research-- ``(I) with respect to the branch of knowledge or study of biology, biochemistry, biophysics, bioengineering, biotechnology, microbiology, genetics, or physiology (in each case as such knowledge or study relates to human beings), and ``(II) that is considered scientific research and development for purposes of North American Industry Classification System code 5417. ``(ii) Exceptions.--Such term does not include sociology or psychology. ``(3) Coordination with 965A.--This subsection shall not apply with respect to any taxpayer for any taxable year for which an election is in effect under section 965A (relating to limited deduction for life sciences jobs and investment in United States). ``(4) Election.--Any election under this subsection shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(5) Termination.--This subsection shall not apply to any taxable year beginning after December 31, 2015.''. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 3. INCENTIVES TO INVEST IN LIFE SCIENCES JOBS, RESEARCH, AND FACILITIES. (a) In General.--Subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 965A. LIMITED DEDUCTION FOR LIFE SCIENCES JOBS AND INVESTMENT IN UNITED STATES. ``(a) Deduction.-- ``(1) In general.--In the case of a corporation which is a United States shareholder and for which the election under this section is in effect for the taxable year, there shall be allowed as a deduction an amount equal to 100 percent of the cash dividends which are received during such taxable year by such shareholder from controlled foreign corporations. ``(2) Dividends paid indirectly from controlled foreign corporations.--If, within the taxable year for which the election under this section is in effect, a United States shareholder receives a cash distribution from a controlled foreign corporation which is excluded from gross income under section 959(a), such distribution shall be treated for purposes of this section as a cash dividend to the extent of any amount included in income by such United States shareholder under section 951(a)(1)(A), including as a result of any cash dividend during such taxable year to-- ``(A) such controlled foreign corporation from another controlled foreign corporation that is in a chain of ownership described in section 958(a), or ``(B) any other controlled foreign corporation in such chain of ownership from another controlled foreign corporation in such chain of ownership, but only to the extent of cash distributions described in section 959(b) which are made during such taxable year to the controlled foreign corporation from which such United States shareholder received such distribution. ``(b) Limitations.-- ``(1) In general.--The amount of dividends taken into account under subsection (a) shall not exceed the lesser of-- ``(A) $150,000,000, or ``(B) the amount shown on the applicable financial statement as earnings permanently reinvested outside the United States. The amounts described in subparagraph (B) shall be treated as being zero if there is no such statement or such statement fails to show a specific amount of such earnings. ``(2) Requirement to invest in life sciences.--Subsection (a) shall not apply to any dividend received by a United States shareholder unless the amount of the dividend is invested solely in the United States and solely for the purpose of-- ``(A) the new hiring of additional scientists, researchers, and comparable personnel engaged in qualified life sciences research, ``(B) payments to persons described in section 41(h)(1)(B) and to other qualified organizations which are used by such persons or organizations for qualified life sciences research, or ``(C) the building or leasing of new facilities to be used primarily in the conduct of qualified life sciences research. ``(3) Prohibited uses.--Subsection (a) shall not apply to the amount of any dividend which is used by the taxpayer to pay remuneration for services of any covered employee (as defined in section 162(m)(3)), to pay dividends to the shareholders of the taxpayer, or to pay interest or principal on any debt security of the taxpayer. ``(4) No reserve.--Subsection (a) shall not apply to any dividend if the taxpayer's compliance with this section is uncertain and requires a provision or reserve on the taxpayer's applicable financial statements. ``(5) Separate account.--Subsection (a) shall not apply to any dividend unless the amount of the dividend is held in a separate account, trust, or other arrangement that segregates the amount from other funds of the taxpayer until the amount is used solely for the purposes described in paragraph (2). ``(c) Substantiation of Compliance.-- ``(1) In general.--The taxpayer must substantiate its compliance with subsection (b) with written documents and such other credible evidence as the Secretary may reasonably require, and shall bear the burden of proof with respect to such substantiation. ``(2) Certification.--The chief executive officer and the independent director serving as head of the audit committee of the taxpayer, or comparable entity officials, shall attest in writing to the taxpayer's compliance with each of the requirements of subsection (b). ``(d) Definitions.--For purposes of this section-- ``(1) Qualified life sciences research.--The term `qualified life sciences research' shall have the meaning given such term by section 41(h). ``(2) Qualified organization.--The term `qualified organization' means any organization described in subparagraph (A), (B), or (C) of section 41(e)(6). ``(3) Applicable financial statement; dividend.--The terms `applicable financial statement' and `dividend' shall have the respective meanings given such terms by section 965(c). ``(e) Special Rules.--For purposes of this section-- ``(1) rules similar to the rules of paragraph (3) of section 965(b) shall apply, except that such paragraph shall be applied by substituting `December 31, 2009' for `October 3, 2004', and ``(2) rules similar to the rules of paragraphs (4) and (5) of section 965(c) shall apply, except that such paragraph (5) shall be applied-- ``(A) by substituting `$150,000,000' for `$500,000,000', and ``(B) without regard to the reference to subparagraph (C) of section 965(b)(1). ``(f) Denial of Foreign Tax Credit.-- ``(1) In general.--No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to any dividend with respect to which an election is in effect under this section and which is included in income under section 951(a)(1)(A). ``(2) Denial of related deductions.--No deduction shall be allowed under this chapter for any tax for which credit is not allowable by reason of paragraph (1). ``(g) Election.--Any election under this section shall be made in such manner as may be prescribed by the Secretary, and shall be made with respect to a taxable year not later than the due date (including extensions of time) for filing the taxpayer's return for such taxable year. ``(h) Termination.--This section shall not apply to any taxable year beginning after December 31, 2015.''. (b) Clerical Amendment.--The table of sections for subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``Sec. 965A. Limited deduction for life sciences jobs and investment in United States.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of enactment. SEC. 4. COMPLIANCE AND REPORT TO CONGRESS. The Commissioner of Internal Revenue shall take such steps as are necessary to ensure full compliance with the provisions under section 41(h) and section 965A of the Internal Revenue Code of 1986 (as added by this Act). The Commissioner of Internal Revenue shall provide reports to Congress on the status of such compliance and related enforcement not later than 90 days following the final due date of tax filings for the first taxable year in which an entity may elect application of section 41(h) or of section 965A of the Internal Revenue Code of 1986 (as so added). | Life Sciences Jobs and Investment Act of 2010 - Amends the Internal Revenue Code to allow: (1) an increased research tax credit for qualified initial life sciences research expenses; and (2) certain corporations a tax deduction for dividends received which are reinvested in the United States to hire scientists and researchers engaged in life science research, fund life science research at research consortia, eligible small businesses, universities, and federal laboratories, or build or lease new facilities to be used primarily for qualified life sciences research. Terminates such tax incentives after 2015. Defines "qualified initial life sciences research expenses" as amounts, up to $150 million, attributable to the study of biology, biochemistry, biophysics, bioengineering, microbiology, genetics, or physiology, but excluding sociology or psychology. Directs the Commissioner of Internal Revenue to take necessary steps to ensure full compliance with the provisions of this Act and to report to Congress on the status of such compliance and related enforcement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Reforestation Tax Act of 1993''. SEC. 2. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. (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. PARTIAL INFLATION ADJUSTMENT FOR TIMBER. ``(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, the term `qualified timber gain' means the lesser of-- ``(1) the net capital gain for the taxable year, or ``(2) the net capital gain for the taxable year determined by taking into account only gains and losses from timber. ``(c) Qualified Percentage.--For purposes of this section, the term `qualified percentage' means the percentage (not exceeding 50 percent) determined by multiplying-- ``(1) 3 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 after paragraph (14) the following new paragraph: ``(15) Partial inflation adjustment for timber.--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. Partial inflation adjustment for timber.''. (e) Effective Date.--The amendments made by this section shall apply to sales or exchanges after December 31, 1992. SEC. 3. APPLICATION OF PASSIVE LOSS LIMITATIONS TO TIMBER ACTIVITIES. (a) In General.--Treasury regulations sections 1.469-5T(b)(2) (ii) and (iii) shall not apply to any closely held timber activity if the nature of such activity is such that the aggregate hours devoted to management of the activity for any year is generally less than 100 hours. (b) Definitions.--For purposes of subsection (a)-- (1) Closely held activity.--An activity shall be treated as closely held if at least 80 percent of the ownership interests in the activity is held-- (A) by 5 or fewer individuals, or (B) by individuals who are members of the same family (within the meaning of section 2032A(e)(2) of the Internal Revenue Code of 1986). An interest in a limited partnership shall in no event be treated as a closely held activity for purposes of this section. (2) Timber activity.--The term ``timber activity'' means the planting, cultivating, caring, cutting, or preparation (other than milling) for market, of trees. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1992. SEC. 4. AMORTIZATION OF REFORESTATION EXPENDITURES AND REFORESTATION TAX CREDIT. (a) Increase in Maximum Amortizable Amount.-- (1) In general.--Paragraph (1) of section 194(b) of the Internal Revenue Code of 1986 (relating to maximum dollar amount) is amended by striking ``$10,000 ($5,000'' and inserting ``$20,000 ($10,000''. (2) Inflation adjustment.--Subsection (b) of section 194 of such Code (relating to limitations) is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Inflation adjustment.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 1993, each dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(i) such dollar amount, multiplied by ``(ii) the cost-of-living adjustment under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1992' for `calendar year 1989' in subparagraph (B) of such section. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (3) Applicability to reforestation credit.--Paragraph (1) of section 48(b) of such Code (relating to reforestation credit) is amended by striking ``section 194(b)(1)'' and inserting ``paragraphs (1) and (2) of section 194(b)''. (b) Decrease in Amortization Period.-- (1) In general.--Section 194(a) of such Code is amended by striking ``84 months'' and inserting ``60 months''. (2) Conforming amendment.--Section 194(a) of such Code is amended by striking ``84-month period'' and inserting ``60- month period''. (c) Availability of Deduction and Credit to Trusts.--Subsection (b) of section 194 of such Code (as amended by subsection (a)(2) of this section) is amended-- (1) by striking paragraph (4), (2) in paragraph (5)-- (A) by inserting ``and trusts'' after ``Estates'', and (B) by inserting ``and trusts'' after ``estates'', and (3) by redesignating paragraph (5) as paragraph (4). (d) Effective Date.-- (1) Amortization provisions.--Except as provided in paragraph (2), the amendments made by this section shall apply to additions to capital account made after December 31, 1992. (2) Tax credit provisions.--In the case of the reforestation credit under section 48(b) of the Internal Revenue Code of 1986, the amendments made by this section shall apply to property acquired after December 31, 1992. | Reforestation Tax Act of 1993 - Amends the Internal Revenue Code to provide taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours. Increases the amount allowable as a deduction for amortization of reforestation expenditures and provides an inflation adjustment after calendar year 1994. Applies such inflation adjustment to the reforestation credit. Shortens the amortization period from 84 to 60 months. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Combating Methamphetamine Act of 2004''. SEC. 2. FINDINGS. Congress finds the following: (1) Methamphetamine (meth) is an extremely dangerous and highly addictive drug. (2) Methamphetamine use contributes to the perpetration of violent crimes, particularly burglary, child abuse, and crimes of substantial cost and personal pain to the victims, including identity theft. (3) Methamphetamine labs produce hazardous conditions because of their use of chemicals such as anhydrous ammonia, ether, sulfuric acid, and other toxins which are volatile, corrosive and poisonous. When these substances are illegally disposed of in rivers, streams, and other dump areas, explosions and serious environmental damage can and does result. (4) Since 2001, Federal funding was provided through the Department of Justice COPS and Byrne Grant programs to address methamphetamine enforcement and clean up. Since 2002, although the methamphetamine problem has been growing and spreading across the United States affecting more States each year, funding has been cut each successive year, from $70,500,000 in 2002, to only $54,000,000 in 2004. (5) As methamphetamine has impacted more States each year, the dwindling Federal funds have been parsed into smaller amounts. Each State deserves greater Federal support and a permanent funding mechanism to combat the challenging problem of methamphetamine abuse. (6) Permanent Federal funding support for meth enforcement and clean-up is critical to the efforts of State and local law enforcement to reduce the use, manufacture, and sale of methamphetamine, and thus, reduce the crime rate. (7) It is necessary for the Federal Government to establish a long-term commitment to combating methamphetamine use, sale, and manufacture by creating a permanent funding mechanism to assist States. SEC. 3. COMBATING THE USE OF METHAMPHETAMINE. Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: ``PART HH--COMBATING USE OF METHAMPHETAMINE ``SEC. 2991. AUTHORITY TO MAKE GRANTS TO ADDRESS PUBLIC SAFETY AND METHAMPHETAMINE MANUFACTURING, SALE, AND USE. ``(a) Purpose and Program Authority.-- ``(1) Purpose.--It is the purpose of this part to assist States-- ``(A) to carry out programs to address the manufacture, sale, and use of methamphetamine drugs; and ``(B) to improve the ability of State and local government institutions of to carry out such programs. ``(2) Grant authorization.--The Attorney General, through the Bureau of Justice Assistance in the Office of Justice Programs may make grants to States to address the manufacture, sale, and use of methamphetamine to enhance public safety. ``(3) Grant projects to address methamphetamine manufacture sale and use.--Grants made under subsection (a) may be used for programs, projects, and other activities to-- ``(A) arrest individuals violating laws related to the use, manufacture, or sale of methamphetamine; ``(B) undertake methamphetamine clandestine lab seizures and environmental clean up; ``(C) provide for community-based education, awareness, and prevention; ``(D) provide child support and family services related to assist users of methamphetamine and their families; ``(E) facilitate intervention in methamphetamine use; ``(F) facilitate treatment for methamphetamine addiction; ``(G) provide Drug Court and Family Drug Court services to address methamphetamine; ``(H) provide community policing to address the problem of methamphetamine use; ``(I) support State and local health department and environmental agency services deployed to address methamphetamine; ``(J) prosecute violations of laws related to the use, manufacture, or sale of methamphetamine; and ``(K) procure equipment, technology, or support systems, or pay for resources, if the applicant for such a grant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in the reduction in the use, sale, and manufacture of methamphetamine. ``(b) Eligibility.--To be eligible to receive a grant under this part, a State shall submit to the Attorney General assurances that the State has implemented, or will implement prior to receipt of a grant under this section laws, policies, and programs that restrict the wholesale and limit sale of products used as precursors in the manufacture of methamphetamine. ``SEC. 2992. APPLICATIONS. ``(a) In General.--No grant may be made under this part unless an application has been submitted to, and approved by, the Attorney General. ``(b) Application.--An application for a grant under this part shall be submitted in such form, and contain such information, as the Attorney General may prescribe by regulation or guidelines. ``(c) Contents.--In accordance with the regulations or guidelines established by the Attorney General, each application for a grant under this part shall-- ``(1) include a long-term statewide strategy that-- ``(A) reflects consultation with appropriate public and private agencies, tribal governments, and community groups; ``(B) represents an integrated approach to addressing the use, manufacture, and sale of methamphetamine that includes-- ``(i) arrest and clandestine lab seizure; ``(ii) training for law enforcement, fire and other relevant emergency services, health care providers, and child and family service providers; ``(iii) intervention; ``(iv) child and family services; ``(v) treatment; ``(vi) drug court; ``(vii) family drug court; ``(viii) health department support; ``(ix) environmental agency support; ``(x) prosecution; and ``(xi) evaluation of the effectiveness of the program and description of the efficacy of components of the program for the purpose of establishing best practices that can be widely replicated by other States; and ``(C) where appropriate, incorporate Indian Tribal participation to the extent that an Indian Tribe is impacted by the use, manufacture, or sale of methamphetamine; ``(2) identify related governmental and community initiatives which complement or will be coordinated with the proposal; ``(3) certify that there has been appropriate coordination with all affected State and local government institutions and that the State has involved counties and other units of local government, when appropriate, in the development, expansion, modification, operation or improvement of programs to address the use, manufacture, or sale of methamphetamine; ``(4) certify that the State will share funds received under this part with counties and other units of local government, taking into account the burden placed on these units of government when they are required to address the use, manufacture, or sale of methamphetamine; ``(5) assess the impact, if any, of the increase in police resources on other components of the criminal justice system; ``(6) explain how the grant will be utilized to enhance government response to the use, manufacture, and sale of methamphetamine; ``(7) demonstrate a specific public safety need; ``(8) explain the applicant's inability to address the need without Federal assistance; ``(9) specify plans for obtaining necessary support and continuing the proposed program, project, or activity following the conclusion of Federal support; and ``(10) certify that funds received under this part will be used to supplement, not supplant, other Federal, State, and local funds. ``SEC. 2993. PLANNING GRANTS. ``(a) Eligible Entity.--The Attorney General through the Bureau of Justice Assistance in the Office of Justice Programs, may make grants under this section to States, Indian tribal governments, and multi- jurisdictional or regional consortia thereof to develop a comprehensive, cooperative strategy to address the manufacture, sale, and use of methamphetamine to enhance public safety. ``(b) Authorization.--The Attorney General is authorized to provide grants under this section not exceeding $100,000 per eligible entity for such entity to-- ``(1) define the problem of the use, manufacture, or sale of methamphetamine within the jurisdiction of the entity; ``(2) describe the public and private organization to be involved in addressing methamphetamine use, manufacture, or sale; and ``(3) describe the manner in which these organizations will participate in a comprehensive, cooperative, and integrated plan to address the use, manufacture, or sale of methamphetamine. ``SEC. 2994. ENFORCEMENT GRANTS. ``Of the total amount appropriated for this part in any fiscal year, the amount remaining after setting aside the amount to be reserved to carry out section 2993 shall be allocated to States as follows: ``(1) 0.25 percent or $250,000, whichever is greater, shall be allocated to each of the States. ``(2) Of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all the States. ``SEC. 2995. NATIONAL ACTIVITIES. ``The Attorney General is authorized-- ``(1) to collect systematic data on the effectiveness of the programs assisted under this part in reducing the use, manufacture, and sale of methamphetamine; ``(2) to establish a national clearinghouse of information on effective programs to address the use, manufacture, and sale of methamphetamine that shall disseminate to State and local agencies describing-- ``(A) the results of research on efforts to reduce the use, manufacture, and sale of methamphetamine; and ``(B) information on effective programs, best practices and Federal resources to-- ``(i) reduce the use, manufacture, and sale of methamphetamine; and ``(ii) address the physical, social, and family problems that result from the use of methamphetamine through the activities of intervention, treatment, drug courts, and family drug courts; ``(3) to establish a program within the Department of Justice to facilitate the sharing of knowledge in best practices among States addressing the use, manufacture and sale of methamphetamine through State-to-State mentoring, or other means; and ``(4) to provide technical assistance to State agencies and local agencies implementing programs and securing resources to implement effective programs to reduce the use, manufacture, and sale of methamphetamine. ``SEC. 2996. FUNDING. ``(a) Grants for the Purpose of Combating the Use of Methamphetamine.--There are authorized to be appropriated to carry out this part-- ``(1) $100,000,000 for each fiscal year 2005 and 2006; and ``(2) $200,000,000 for each fiscal year 2007, 2008, and 2009. ``(b) National Activities.--For the purposes of section 2995, there are authorized to be appropriated such sums as are necessary.''. | Combating Methamphetamine Act of 2004 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General, through the Bureau of Justice Assistance (BJA), to make grants to States to address the manufacture, sale, and use of methamphetamine (methamphetamine use) to enhance public safety. Lists eligible programs, projects, and activities, including: (1) arresting individuals violating methamphetamine laws; (2) undertaking clandestine methamphetamine lab seizures and environmental cleanup; (3) providing community-based education, awareness, and prevention; and (4) providing Drug Court and Family Drug Court services to address methamphetamine use. Sets forth grant application requirements. Authorizes the Attorney General, through BJA, to make grants to States, Indian tribal governments, and multijurisdictional or regional consortia thereof to develop a comprehensive, cooperative strategy to address methamphetamine use to enhance public safety. Earmarks specified sums (according to a specified formula) to each State. Authorizes the Attorney General to: (1) collect systematic data on the effectiveness of the programs assisted under this Act in reducing methamphetamine use; (2) establish a national clearinghouse of information on effective programs to address such use that shall disseminate to State and local agencies a description of the results of research on reduction efforts and information on effective programs, best practices, and Federal resources; (3) establish a program within the Department of Justice to facilitate the sharing of knowledge in best practices among States addressing such use; and (4) provide technical assistance to State and local agencies implementing effective programs to reduce methamphetamine use. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Sewage Sludge in Food Production Consumer Notification Act''. SEC. 2. NOTIFICATION TO CONSUMERS OF FOOD PRODUCTS PRODUCED ON LAND ON WHICH SEWAGE SLUDGE HAS BEEN APPLIED. (a) Adulterated Food Under Federal Food, Drug, and Cosmetic Act.-- Section 402 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342) is amended by adding at the end the following: ``(j)(1) Effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is a food (intended for human consumption and offered for sale) that was produced, or contains any ingredient that was produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the production of the food or ingredient on the land commenced; ``(B) the food bears a label that clearly indicates that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied; or ``(C) in the case of a raw agricultural commodity or other food generally offered for sale without labeling, a sign is posted within close proximity of the food to notify consumers that the food, or an ingredient of the food, was produced on land on which sewage sludge was applied. ``(2) In this paragraph, the term `sewage sludge' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations).''. (b) Adulterated Food Under Egg Products Inspection Act.--Section 4 of the Egg Products Inspection Act (21 U.S.C. 1033) is amended-- (1) in paragraph (a)-- (A) by striking ``or'' at the end of subparagraph (7); (B) by striking the period at the end of subparagraph (8) and inserting ``; or''; and (C) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; or ``(B) the container bears a label that clearly indicates that the egg or egg product was derived from poultry that-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(aa) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (c) Adulterated Food Under Federal Meat Inspection Act.--Section 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended-- (1) in paragraph (m)-- (A) by striking ``or'' at the end of subparagraph (8); (B) by striking the period at the end of subparagraph (9) and inserting ``; or''; and (C) by adding at the end the following: ``(10) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from livestock that grazed, or consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the livestock began grazing on the land or the date on which the production of the animal feed on the land commenced; ``(B) the carcass, part thereof, meat or meat food product bears a label that clearly indicates that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a carcass, part thereof, meat or meat food product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the livestock-- ``(i) grazed on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(x) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (d) Adulterated Food Under Poultry Products Inspection Act.-- Section 4 of the Poultry Products Inspection Act (21 U.S.C. 453) is amended-- (1) in paragraph (g)-- (A) by striking ``or'' at the end of subparagraph (7); (B) by striking the period at the end of subparagraph (8) and inserting ``; or''; and (C) by adding at the end the following: ``(9) effective one year after the date of the enactment of the Sewage Sludge in Food Production Consumer Notification Act, if it is derived from poultry that were raised, or that consumed animal feed produced, on land on which sewage sludge was applied, unless-- ``(A) the application of sewage sludge to the land terminated more than one year before the date on which the poultry began to be raised on the land or the date on which the production of the animal feed on the land commenced; ``(B) the poultry product bears a label that clearly indicates that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied; or ``(C) in the case of a poultry product generally offered for sale without labeling, a sign is posted within close proximity of the item to notify consumers that the poultry contained in the product-- ``(i) were raised on land on which sewage sludge was applied; or ``(ii) consumed animal feed produced on land on which sewage sludge was applied.''; and (2) by adding at the end the following: ``(cc) The term `sewage sludge' has the meaning given to such term in section 402(j)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 342(j)(2)).''. (e) Relation to National Organic Program.-- (1) In general.--Nothing in this section or the amendments made by this section shall be construed to modify the prohibition contained in part 205 of title 7, Code of Federal Regulations, on the use of sewage sludge, including ash, grit, or screenings from the production of sewage sludge, in organic food production under the National Organic Program of the Department of Agriculture. (2) Definition.--In this subsection, the term ``sewage sludge'' has the meaning given to such term in section 503.9(w) of title 40, Code of Federal Regulations (or any successor regulations), except that such term includes ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during preliminary treatment of domestic sewage in a treatment works. | Sewage Sludge in Food Production Consumer Notification Act This bill amends the Federal Food, Drug, and Cosmetic Act, the Egg Products Inspection Act, the Federal Meat Inspection Act, and the Poultry Products Inspection Act to require consumers to be notified regarding food produced from crops, poultry, or livestock on land in which sewage sludge was applied. Sewage sludge is solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Under the bill, if consumers are not notified regarding food produced on land on which sewage sludge was applied, the food is considered adulterated food subject to Food and Drug Administration or Department of Agriculture recalls. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Water Affordability Act of 2015''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CLEAN WATER AFFORDABILITY Sec. 101. Integrated planning process. Sec. 102. Updating of guidance. Sec. 103. Capitalization grant agreements. TITLE II--WET WEATHER MANAGEMENT Sec. 201. Technology-based controls for peak wet weather management. Sec. 202. Wet weather water quality-based standards. Sec. 203. Peak wet weather waste water management techniques. TITLE I--CLEAN WATER AFFORDABILITY SEC. 101. INTEGRATED PLANNING PROCESS. (a) In General.--Section 402(a) of the Federal Water Pollution Control Act (33 U.S.C. 1342(a)) is amended by adding at the end the following: ``(6) Integrated permits.-- ``(A) Definition of publicly owned permittee.--In this paragraph, the term `publicly owned permittee' means either-- ``(i) a treatment works (as defined in section 212) that is publicly owned; or ``(ii) a municipal separate storm sewer system referred to in this section. ``(B) Planning approach.--The Administrator shall establish a comprehensive and integrated planning approach to the obligations under this section of a publicly owned permittee-- ``(i) under which permit obligations may be implemented according to a schedule that-- ``(I) accounts for the financial capability of the publicly owned permittee; ``(II) prioritizes permit obligations according to the most cost- effective and environmentally beneficial outcomes; ``(III) accounts for the preexisting maintenance, operational, and regulatory obligations of the publicly owned permittee under this section; and ``(IV) enables the publicly owned permittee to implement innovative approaches to meet those obligations; and ``(ii) that accounts for changed circumstances in the obligations of the publicly owned permittee, such as-- ``(I) new innovative treatment approaches; ``(II) new regulatory requirements; and ``(III) changes in financial capability.''. (b) Duration of Permits.--Section 402(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1342(b)(1)(B)) is amended by inserting before the semicolon at the end the following: ``, except that a permit with a term of more than 5 years but not more than 25 years may be approved if the permittee has an approved integrated plan established under subsection (a)(6)''. SEC. 102. UPDATING OF GUIDANCE. (a) Definitions.--In this section, the following definitions apply: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Affordability.--The term ``affordability'' means, with respect to payment of a utility bill, a measure of whether an individual customer or household can pay the bill without undue hardship or unreasonable sacrifice in the essential lifestyle or spending patterns of the individual or household, as determined by the Administrator. (3) Financial capability.--The term ``financial capability'' means the financial capability of a community to make investments necessary to make water quality-related improvements, taking into consideration the criteria described in subsection (b)(2)(A). (4) Guidance.--The term ``guidance'' means the guidance published by the Administrator entitled ``Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development'' and dated February 1997, as applicable to combined sewer overflows and sanitary sewer overflows. (b) Updating.-- (1) In general.--Not later than 1 year after the date of enactment of this Act, the Administrator shall update the guidance to ensure that the evaluations by the Administrator of financial capability assessment and schedule development meet the criteria described in paragraph (2). (2) Criteria.--The criteria described in this paragraph are that, under the updated guidance-- (A) in assessing the financial capability of a community-- (i) greater emphasis should be placed on local economic conditions; (ii) for regional systems, consideration should be given to the economic conditions of political jurisdictions and significant demographic groups within each region; (iii) prescriptive formulas for use in calculating financial capability and thresholds for expenditure should not be considered to be the only indicator of the financial capability of a community; (iv) site-specific local conditions should be taken into consideration in analyzing financial capability; (v) a single measure of financial capability or affordability (such as median household income) should be viewed in the context of other economic measures, rather than as a threshold to be achieved; and (vi)(I) consideration should be given to the economic outlook of a community, including the potential impact of program requirements over time, in the development of implementation schedules; and (II) the assessment should take into consideration other essential community investments relating to water quality improvements; (B) with respect to the timing of implementation of water quality-related improvements-- (i) environmental improvement implementation schedules should be structured to mitigate the potential adverse impact on distressed populations resulting from the costs of the improvements; (ii) implementation schedules should reflect local community financial conditions and economic impacts; (iii) implementation schedules should allow permittees up to 30 years to implement water quality-related improvements in appropriate cases in which the cost of implementing the improvements places a high financial burden on the permittee; and (iv) existing implementation schedules should be modified in appropriate cases taking into consideration the criteria set forth in this subparagraph; (C) with respect to implementation-- (i) a determination of local financial capability may be achieved through an evaluation of an array of factors the relative importance of which may vary across regions and localities; and (ii) an appropriate methodology should give consideration to such various factors as are appropriate to recognize the prevailing and projected economic concerns in a community; and (D) the residential indicator should be revised to include-- (i) a consideration of costs imposed upon ratepayers for essential utilities; (ii) increased consideration and quantification of local community-imposed costs in regional systems; (iii) a mechanism to assess impacts on communities with disparate economic conditions throughout the entire service area of a utility; (iv) a consideration of the industrial and population trends of a community; (v) recognition that-- (I) the median household income of a service area reflects a numerical median rather than the distribution of incomes within the service area; and (II) more representative methods of determining affordability, such as shelter costs, essential utility payments, State affordability criteria, and State and local tax efforts, should be considered; (vi) a consideration of low-income ratepayer percentages; and (vii) impacts relating to program delivery, such as water quality infrastructure market saturation and program management. (3) Implementation.--The updated guidance should indicate that, in a case in which a previously approved long-term control plan or associated enforceable agreement does not prohibit modification of the plan or terms of the agreement (including financial capability considerations), and all parties are in agreement that a change is needed or that the plan or agreement does not prohibit reopening to address changes in the economic or financial status of the community since the effective date of the plan or agreement, reconsideration and modification of financial capability determinations and implementation schedules based on the criteria described in paragraph (2) is appropriate. (4) Applicability.--The Administrator shall apply the updated guidance, including the criteria described in paragraph (2), to each determination and analysis of affordability, financial capability, or widespread and substantial economic impact related to implementation of a program under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (c) Publication and Submission.--Upon completion of the updating of guidance under subsection (b), the Administrator shall publish in the Federal Register and submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the updated guidance. SEC. 103. CAPITALIZATION GRANT AGREEMENTS. Section 602(b) of the Federal Water Pollution Control Act (33 U.S.C. 1382(b)) is amended-- (1) by striking ``and'' at the end of paragraph (9); (2) by striking the period at the end of paragraph (10) and inserting ``; and''; and (3) by adding at the end the following: ``(11) the State will use at least 15 percent of the amount of each capitalization grant received by the State under this title after September 30, 2016, to provide assistance to municipalities of fewer than 10,000 individuals that meet the affordability criteria established by the State under section 603(i)(2) for activities included on the State's priority list established under section 603(g), to the extent that there are sufficient applications for such assistance.''. TITLE II--WET WEATHER MANAGEMENT SEC. 201. TECHNOLOGY-BASED CONTROLS FOR PEAK WET WEATHER MANAGEMENT. (a) Applicability of Effluent Limitations.--Section 301(b)(1)(B) of the Federal Water Pollution Control Act (33 U.S.C. 1311(b)(1)(B)) is amended by striking the semicolon and inserting ``, which effluent limitations shall apply at the final point of discharge from the treatment facility and not to flows within the treatment facility;''. (b) Modification of Effluent Limitations During Peak Wet Weather.-- Section 301 of such Act (33 U.S.C. 1311) is amended by adding at the end the following: ``(q) Modification of Effluent Limitations During Peak Wet Weather.--The Administrator, with concurrence of the State, may issue permits pursuant to section 402 that modify the requirements of subsection (b)(1)(B) with respect to the discharge of any pollutant from a collection system servicing a publicly owned treatment works during periods of peak wet weather, if the applicant demonstrates to the satisfaction of the Administrator that the applicant has a peak wet weather management plan approved by the Administrator or State that-- ``(1) defines the peak wet weather event during which the plan will apply; and ``(2) describes the management practices to be used by the applicant during peak wet weather events pursuant to guidelines established by the Administrator under section 304(d)(2).''. SEC. 202. WET WEATHER WATER QUALITY-BASED STANDARDS. Section 303(c)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1313(c)(2)) is amended by adding at the end the following: ``(C)(i) States may adopt peak wet weather-related water quality standards for receiving waters during periods of peak wet weather events (as determined pursuant to section 304(d)(2)). ``(ii) The Administrator, after consultation with States and not later than 12 months after the date of enactment of this subparagraph, and from time to time thereafter, shall develop and publish guidance to States on developing and implementing peak wet weather-related water quality standards to accommodate peak wet weather discharges.''. SEC. 203. PEAK WET WEATHER WASTE WATER MANAGEMENT TECHNIQUES. Section 304(d) of the Federal Water Pollution Control Act (33 U.S.C. 1314(d)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: ``(2) Peak wet weather flow practices and techniques.-- ``(A) Information and guidelines.--The Administrator, after consultation with appropriate Federal and State agencies and other interested parties, shall publish not later than 12 months after the date of enactment of the Clean Water Affordability Act of 2015, and from time to time thereafter, information and guidelines for peak wet weather waste water management practices available for use during periods of peak wet weather events by a collection system servicing a publicly owned treatment works to-- ``(i) prevent damage to the treatment facility; ``(ii) maximize the delivery of flow to the treatment facility; and ``(iii) provide for appropriate cost- effective controls during peak wet weather events. ``(B) Contents of guidelines.--The guidelines shall include options for the types of technologies and management approaches available to manage peak wet weather-related wastewater flows, including-- ``(i) technologies and management approaches relating to facility and collection system storage methods (including in-system treatment methods throughout the collection system); ``(ii) facility and collection systems operations and maintenance systems; ``(iii) monitoring and reporting systems; and ``(iv) alternative treatment methods and technologies that can achieve applicable water quality.''. | Clean Water Affordability Act of 2015 This bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to require the Environmental Protection Agency (EPA) to establish a comprehensive and integrated planning approach to the permit obligations under the National Pollutant Discharge Elimination System (NPDES) program of a publicly owned treatment works (POTW) or a municipal separate storm sewer system. A state may extend the term of a NPDES permit to up to 25 years under a state-administered NPDES program, if the permittee has an approved integrated plan. The EPA must update the guidance entitled "Combined Sewer Overflows--Guidance for Financial Capability Assessment and Schedule Development," to ensure that the evaluations by the EPA of financial capability assessment and schedule development meet specified criteria. States must set aside 15% of the amount of each capitalization grant they receive for water pollution control revolving funds to provide assistance to municipalities of fewer than 10,000 individuals that meet specified affordability criteria for activities on the state's priority list of POTW construction projects. Effluent limitations must be applied at the final point of discharge from a POTW treatment facility and not to flows within the facility. The EPA may issue NPDES permits with modified effluent limits for discharges of pollutants from a collection system servicing a POTW during periods of peak wet weather if a state concurs and the permit applicant has an approved peak wet weather management plan. States may adopt peak wet weather-related water quality standards for receiving waters during periods of peak wet weather events. The EPA must develop and publish guidance with respect to peak wet weather-related water quality standards and waste water management practices. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Temporary Extension Act of 2010''. SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS. (a) In General.--(1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (A) by striking ``February 28, 2010'' each place it appears and inserting ``April 5, 2010''; (B) in the heading for subsection (b)(2), by striking ``february 28, 2010'' and inserting ``april 5, 2010''; and (C) in subsection (b)(3), by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (2) Section 2002(e) of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 438), is amended-- (A) in paragraph (1)(B), by striking ``February 28, 2010'' and inserting ``April 5, 2010''; (B) in the heading for paragraph (2), by striking ``february 28, 2010'' and inserting ``april 5, 2010''; and (C) in paragraph (3), by striking ``August 31, 2010'' and inserting ``October 5, 2010''. (3) Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended-- (A) by striking ``February 28, 2010'' each place it appears and inserting ``April 5, 2010''; and (B) in subsection (c), by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (4) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``July 31, 2010'' and inserting ``September 4, 2010''. (b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (B), by striking ``and'' at the end; (2) in subparagraph (C), by striking ``1009'' and inserting ``1009(a)(1)''; and (3) by inserting after subparagraph (C) the following new subparagraph: ``(D) the amendments made by section 2(a)(1) of the Temporary Extension Act of 2010; and''. SEC. 3. EXTENSION AND IMPROVEMENT OF PREMIUM ASSISTANCE FOR COBRA BENEFITS. (a) Extension of Eligibility Period.--Subsection (a)(3)(A) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended by striking ``February 28, 2010'' and inserting ``March 31, 2010''. (b) Clarifications Relating to Section 3001 of ARRA.-- (1) Clarification regarding cobra continuation resulting from reductions in hours.--Subsection (a) of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5) is amended-- (A) in paragraph (3)(C), by inserting before the period at the end the following: ``or consists of a reduction of hours followed by such an involuntary termination of employment during such period (as described in paragraph (17)(C))''; and (B) by adding at the end the following: ``(17) Special rules in case of individuals losing coverage because of a reduction of hours.-- ``(A) New election period.-- ``(i) In general.--For the purposes of the COBRA continuation provisions, in the case of an individual described in subparagraph (C) who did not make (or who made and discontinued) an election of COBRA continuation coverage on the basis of the reduction of hours of employment, the involuntary termination of employment of such individual on or after the date of the enactment of this paragraph shall be treated as a qualifying event. ``(ii) Counting cobra duration period from previous qualifying event.--In any case of an individual referred to in clause (i), the period of such individual's continuation coverage shall be determined as though the qualifying event were the reduction of hours of employment. ``(iii) Construction.--Nothing in this paragraph shall be construed as requiring an individual referred to in clause (i) to make a payment for COBRA continuation coverage between the reduction of hours and the involuntary termination of employment. ``(iv) Preexisting conditions.--With respect to an individual referred to in clause (i) who elects COBRA continuation coverage pursuant to such clause, rules similar to the rules in paragraph (4)(C) shall apply. ``(B) Notices.--In the case of an individual described in subparagraph (C), the administrator of the group health plan (or other entity) involved shall provide, during the 60-day period beginning on the date of such individual's involuntary termination of employment, an additional notification described in paragraph (7)(A), including information on the provisions of this paragraph. Rules similar to the rules of paragraph (7) shall apply with respect to such notification. ``(C) Individuals described.--Individuals described in this subparagraph are individuals who are assistance eligible individuals on the basis of a qualifying event consisting of a reduction of hours occurring during the period described in paragraph (3)(A) followed by an involuntary termination of employment insofar as such involuntary termination of employment occurred on or after the date of the enactment of this paragraph.''. (2) Codification of current interpretation.--Subsection (a)(16) of such section is amended-- (A) by striking clause (ii) of subparagraph (A) and inserting the following: ``(ii) such individual pays, the amount of such premium, after the application of paragraph (1)(A), by the latest of-- ``(I) 60 days after the date of the enactment of this paragraph, ``(II) 30 days after the date of provision of the notification required under subparagraph (D)(ii), or ``(III) the end of the period described in section 4980B(f)(2)(B)(iii) of the Internal Revenue Code of 1986.''; and (B) by striking subclause (I) of subparagraph (C)(i), and inserting the following: ``(I) such assistance eligible individual experienced an involuntary termination that was a qualifying event prior to the date of enactment of the Department of Defense Appropriations Act, 2010; and''. (3) Clarification of period of assistance.--Subsection (a)(2)(A)(ii)(I) of such section is amended by striking ``of the first month''. (4) Enforcement.--Subsection (a)(5) of such section is amended by adding at the end the following: ``In addition to civil actions that may be brought to enforce applicable provisions of such Act or other laws, the appropriate Secretary or an affected individual may bring a civil action to enforce such determinations and for appropriate relief. In addition, such Secretary may assess a penalty against a plan sponsor or health insurance issuer of not more than $110 per day for each failure to comply with such determination of such Secretary after 10 days after the date of the plan sponsor's or issuer's receipt of the determination.''. (5) Amendments relating to section 3001 of arra.-- (A) Subsection (g)(9) of section 35 of the Internal Revenue Code of 1986 is amended by striking ``section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009''. (B) Section 139C of such Code is amended by striking ``section 3002 of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001 of title III of division B of the American Recovery and Reinvestment Act of 2009''. (C) Section 6432 of such Code is amended-- (i) in subsection (a), by striking ``section 3002(a) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a) of title III of division B of the American Recovery and Reinvestment Act of 2009''; (ii) in subsection (c)(3), by striking ``section 3002(a)(1)(A) of such Act'' and inserting ``section 3001(a)(1)(A) of title III of division B of the American Recovery and Reinvestment Act of 2009''; and (iii) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively, and inserting after subsection (d) the following new subsection: ``(e) Employer Determination of Qualifying Event as Involuntary Termination.--For purposes of this section, in any case in which-- ``(1) based on a reasonable interpretation of section 3001(a)(3)(C) of division B of the American Recovery and Reinvestment Act of 2009 and administrative guidance thereunder, an employer determines that the qualifying event with respect to COBRA continuation coverage for an individual was involuntary termination of a covered employee's employment, and ``(2) the employer maintains supporting documentation of the determination, including an attestation by the employer of involuntary termination with respect to the covered employee, the qualifying event for the individual shall be deemed to be involuntary termination of the covered employee's employment.''. (D) Subsection (a) of section 6720C of such Code is amended by striking ``section 3002(a)(2)(C) of the Health Insurance Assistance for the Unemployed Act of 2009'' and inserting ``section 3001(a)(2)(C) of title III of division B of the American Recovery and Reinvestment Act of 2009''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the provisions of section 3001 of division B of the American Recovery and Reinvestment Act of 2009 to which they relate, except that-- (1) the amendments made by subsection (b)(1) shall apply to periods of coverage beginning after the date of the enactment of this Act; (2) the amendments made by subsection (b)(2) shall take effect as if included in the amendments made by section 1010 of division B of the Department of Defense Appropriations Act, 2010; and (3) the amendments made by subsections (b)(3) and (b)(4) shall take effect on the date of the enactment of this Act. SEC. 4. EXTENSION OF SURFACE TRANSPORTATION PROGRAMS. (a) In General.--Except as provided in subsection (b), for purposes of the continued extension of surface transportation programs and related authority to make expenditures from the Highway Trust Fund and other trust funds under sections 157 through 162 of the Continuing Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), the date specified in section 106(3) of that resolution (Public Law 111-68; 123 Stat. 2045) shall be deemed to be March 28, 2010. (b) Exception.--Subsection (a) shall not apply if an extension of the programs and authorities described in that subsection for a longer term than the extension contained in the Continuing Appropriations Resolution, 2010 (Public Law 111-68; 123 Stat. 2050), is enacted before the date of enactment of this Act. SEC. 5. INCREASE IN THE MEDICARE PHYSICIAN PAYMENT UPDATE. Paragraph (10) of section 1848(d) of the Social Security Act, as added by section 1011(a) of the Department of Defense Appropriations Act, 2010 (Public Law 111-118), is amended-- (1) in subparagraph (A), by striking ``February 28, 2010'' and inserting ``March 31, 2010''; and (2) in subparagraph (B), by striking ``March 1, 2010'' and inserting ``April 1, 2010''. SEC. 6. EXTENSION OF MEDICARE THERAPY CAPS EXCEPTIONS PROCESS. Section 1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)) is amended by striking ``December 31, 2009'' and inserting ``March 31, 2010''. SEC. 7. EXTENSION OF USE OF 2009 POVERTY GUIDELINES. Section 1012 of the Department of Defense Appropriations Act, 2010 (Public Law 111-118) is amended by striking ``March 1, 2010'' and inserting ``March 31, 2010''. SEC. 8. EXTENSION OF NATIONAL FLOOD INSURANCE PROGRAM. Section 129 of the Continuing Appropriations Resolution, 2010 (Public Law 111-68), as amended by section 1005 of Public Law 111-118, is further amended by striking ``by substituting'' and all that follows through the period at the end, and inserting ``by substituting March 28, 2010, for the date specified in each such section.''. SEC. 9. EXTENSION OF SMALL BUSINESS LOAN GUARANTEE PROGRAM. (a) In General.--Section 502(f) of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 153) is amended by striking ``February 28, 2010'' and inserting ``March 28, 2010''. (b) Appropriation.--There is appropriated, out of any funds in the Treasury not otherwise appropriated, for an additional amount for ``Small Business Administration - Business Loans Program Account'', $60,000,000, to remain available through March 28, 2010, for the cost of-- (1) fee reductions and eliminations under section 501 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 151) for loans guaranteed under section 7(a) of the Small Business Act (15 U.S.C. 636(a)), title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.), or section 502 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as amended by this section; and (2) loan guarantees under section 502 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 152), as amended by this section, Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974. SEC. 10. SATELLITE TELEVISION EXTENSION. (a) Amendments to Section 119 of Title 17, United States Code.-- (1) In general.--Section 119 of title 17, United States Code, is amended-- (A) in subsection (c)(1)(E), by striking ``February 28, 2010'' and inserting ``March 28, 2010''; and (B) in subsection (e), by striking ``February 28, 2010'' and inserting ``March 28, 2010''. (2) Termination of license.--Section 1003(a)(2)(A) of Public Law 111-118 is amended by striking ``February 28, 2010'', and inserting ``March 28, 2010''. (b) Amendments to Communications Act of 1934.--Section 325(b) of the Communications Act of 1934 (47 U.S.C. 325(b)) is amended-- (1) in paragraph (2)(C), by striking ``February 28, 2010'' and inserting ``March 28, 2010''; and (2) in paragraph (3)(C), by striking ``March 1, 2010'' each place it appears in clauses (ii) and (iii) and inserting ``March 29, 2010''. SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. (a) In General.--The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go-Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage. (b) Emergency Designation for Congressional Enforcement.--This Act, with the exception of section 5, is designated as an emergency for purposes of pay-as-you-go principles. In the Senate, this Act is designated as an emergency requirement pursuant to section 403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. (c) Emergency Designation for Statutory PAYGO.--This Act, with the exception of section 5, is designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Temporary Extension Act of 2010 - (Sec. 2) Amends the Supplemental Appropriations Act, 2008 with respect to the state-established individual emergency unemployment compensation account (EUCA). Extends the final date for entering a federal-state agreement under the Emergency Unemployment Compensation (EUC) program through April 5, 2010. Postpones the termination of the program until September 4, 2010. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until April 5, 2010: (1) federal-state agreements increasing regular unemployment compensation payments to individuals; and (2) requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and September 4, 2010, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Requires specified transfers from the general fund of the Treasury to the EUCA to fund the extension of the EUC program. (Sec. 3) Amends the American Recovery and Reinvestment Act of 2009 (ARRA) to extend through March 31, 2010, the eligibility of a qualified beneficiary for COBRA (health insurance continuation benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985) continuation coverage and premium assistance. Redefines "premium assistance eligible individual'' for COBRA continuation coverage to treat as a qualifying event for such coverage the involuntary termination of employment after enactment of this Act of any qualified beneficiary who did not make (or who made and discontinued) an election of such coverage on the basis of a reduction of hours of employment. (Sec. 4) Extends specified appropriations and funds made available and authority granted pursuant to the Continuing Appropriations Resolution, 2010 for continued extension or reauthorization of certain surface transportation programs through the earlier of March 28, 2010, or enactment into law of an Act to extend or reauthorize such programs. Declares that such extension shall not apply if an extension of such programs and authorities for a longer term is enacted before enactment of this Act. (Sec. 5) Amends title XVIII (Medicare) of the Social Security Act to extend through March 31, 2010: (1) the 0% update to the conversion factor in the Medicare physican payment computation; and (2) the Medicare physical therapy services caps exceptions process. (Sec. 7) Amends the Department of Defense Appropriations Act, 2010 to extend the use of 2009 poverty guidelines through March 31, 2010. Prohibits the Secretary of Health and Human Services (HHS) from publishing updated poverty guidelines for 2010 until after such date. (Sec. 8) Amends the Continuing Appropriations Resolution, 2010 to extend through March 28, 2010, the national flood insurance program. (Sec. 9) Amends the ARRA to extend through March 28, 2010, the small business loan guarantee program. Authorizes appropriations. (Sec. 10) Extends through March 28, 2010, the adjustment of royalty fees for the secondary transmission of the primary analog transmissions of network stations and superstations. Extends through such date the moratorium on copyright liability for subscribers not receiving a signal of Grade A intensity of a local network television broadcast station and receiving signals of network stations affiliated with the same network, if such subscribers had satellite service of such network signal terminated between July 11, 1998, and October 31, 1999. Amends the Communications Act of 1934 to extend through March 28, 2010, the exemption of a subscriber from the originating station consent requirement for retransmission of broadcasting station signals if the subscriber receives the retransmitted signals directly to a home satellite antenna, is located outside the station's local market, and resides in an unserved household. Extends through March 29, 2010, the requirement that certain Federal Communications Commission (FCC) regulations prohibit: (1) a television broadcast station that provides retransmission consent from engaging in exclusive contracts for carriage or failing to negotiate in good faith; and (2) a multichannel video programming distributor from failing to negotiate in good faith for retransmission consent. (Sec. 11) Designates this Act, except Sec. 5, as an emergency in the House of Representatives pursuant to the Statutory Pay-As-You-Go Act of 2010, and in the Senate as an emergency requirement. |
SECTION 1. UNITED STATES-ISRAEL ENERGY COOPERATION. (a) Findings.--Section 917(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(a)) is amended-- (1) in paragraph (1), by striking ``renewable'' and inserting ``covered''; (2) in paragraph (4)-- (A) by striking ``possible many'' and inserting ``possible-- ``(A) many''; (B) by inserting ``and'' after the semicolon at the end; and (C) by adding at the end the following: ``(B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation;''; (3) in paragraph (6)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking ``and'' after the semicolon at the end; (4) in paragraph (7)-- (A) by striking ``renewable'' and inserting ``covered''; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: ``(8) United States-Israel energy cooperation, and the development of natural resources by Israel, are strategic interests of the United States; ``(9) Israel is a strategic partner of the United States in water technology; ``(10) the United States can play a role in assisting Israel with regional safety and security issues; ``(11) the National Science Foundation of the United States should collaborate with the Israel Science Foundation and the United States-Israel Binational Science Foundation; ``(12) the United States and Israel should strive to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas; ``(13) the United States supports the goals of the Alternative Fuels Administration of Israel; ``(14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sector of the United States and Israel on energy security issues, including-- ``(A) identifying policy priorities associated with the development of natural resources of Israel; ``(B) discussing best practices to secure cyber energy infrastructure; ``(C) best practice sharing; ``(D) leveraging natural gas to positively impact regional stability; ``(E) issues relating to the energy-water nexus, including improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, water treatment in gas and oil production processes, and other water treatment refiners; ``(F) technical and environmental management of deep-water exploration and production; ``(G) coastal protection and restoration; ``(H) academic outreach and engagement; ``(I) private sector and business development engagement; ``(J) regulatory consultations; ``(K) leveraging alternative transportation fuels and technologies; and ``(L) any other areas determined appropriate by United States and Israel; and ``(15) the United States acknowledges the achievements and importance of the Binational Industrial Research and Development Foundation (BIRD) and the United States-Israel Binational Science Foundation (BSF) and supports continued multiyear funding to ensure the continuity of the programs of the Foundations.''. (b) Types of Energy.--Section 917(b)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(2)) is amended-- (1) in subparagraph (F), by striking ``and'' after the semicolon at the end; (2) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(H) natural gas energy, including natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation and the United States-Israel Binational Industrial Research and Development Foundation; ``(I) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners; and ``(J) conventional and unconventional oil and gas technologies.''. (c) Eligible Applicants.--Section 917(b)(3) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)(3)) is amended by striking ``energy efficiency or renewable'' and inserting ``covered''. (d) Authorization of Appropriations; International Partnerships.-- Section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) is amended-- (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: ``(c) International Partnerships.-- ``(1) In general.--The Secretary may, subject to appropriations, enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department, including National Laboratories of the Department, and the Government of Israel and its ministries, offices, and institutions. ``(2) Federal share.--The Secretary may not pay more than 50 percent of Federal share of the costs described in paragraph (1). ``(3) Annual reports.--The Secretary may submit to the appropriate committees of Congress an annual report that describes-- ``(A) actions taken to carry out this subsection; and ``(B) any projects under this subsection for which the Secretary requests funding. ``(d) United States-Israel Center.--The Secretary may establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas.''. (e) Termination.--Subsection (e) of section 917 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337) (as redesignated by subsection (d)(2)) is amended by striking ``the date that is 7 years after the date of enactment of this Act'' and inserting ``September 30, 2024''. | Amends the Energy Independence and Security Act of 2007, with respect to United States-Israel energy cooperation, to authorize the Secretary of Energy (DOE) to make grants to eligible applicants, including projects involving joint ventures of the U.S. and Israeli governments, to promote: (1) natural gas energy, including natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation; (2) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment refiners; and (3) conventional and unconventional oil and gas technologies. Authorizes the Secretary to enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between DOE, including its National Laboratories, and the government of Israel and its ministries, offices, and institutions. Limits the federal share of costs under such agreements to 50%. Authorizes the Secretary to establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas. Extends the grant program through FY2024. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel Establishment Act of 2009''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Commission. Sec. 3. Purposes. Sec. 4. Composition. Sec. 5. Duties. Sec. 6. Powers. Sec. 7. Applicability of Federal Advisory Committee Act. Sec. 8. Staff. Sec. 9. Compensation; travel expenses. Sec. 10. Security clearances. Sec. 11. Reports. Sec. 12. Authorization of appropriations. Sec. 13. Termination. SEC. 2. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel'' (referred to in this Act as the ``Commission''). SEC. 3. PURPOSES. The purposes of the Commission are-- (1) to evaluate potential improvements in the approach of the United States to high-level radioactive waste and spent nuclear fuel management in the event that the proposed Yucca Mountain high-level waste repository is never operational or constructed for any spent nuclear fuel, high-level waste, or other radioactive waste disposal; and (2) to submit to the appropriate committees of Congress a report that contains a description of the findings, conclusions, and recommendations of the Commission to improve the approach of the United States for the management of defense waste, spent nuclear fuel, high-level waste, and commercial radioactive waste. SEC. 4. COMPOSITION. (a) Members.--The Commission shall be composed of 9 members who meet each qualification described in subsection (b), of whom-- (1) 2 shall be appointed by the majority leader of the Senate, in consultation with the chairperson of each appropriate committee of the Senate; (2) 2 shall be appointed by the minority leader of the Senate, in consultation with the ranking member of each appropriate committee of the Senate; (3) 2 shall be appointed by the Speaker of the House of Representatives, in consultation with the chairperson of each appropriate committee of the House of Representatives; (4) 2 shall be appointed by the minority leader of the House of Representatives, in consultation with the ranking member of each appropriate committee of the House of Representatives; and (5) 1 shall be appointed jointly by the majority leader of the Senate and the Speaker of the House of Representatives. (b) Qualifications.-- (1) Nongovernmental appointees.--An individual appointed to the Commission may not be-- (A) engaged in any high-level radioactive waste or spent nuclear fuel activities under contract with the Department of Energy; or (B) an officer or employee of-- (i) the Federal Government; (ii) an Indian tribe; (iii) a State; or (iv) a unit of local government. (2) Other qualifications.--Individuals appointed to the Commission shall, to the maximum extent practicable, be prominent United States citizens, with national recognition and significant depth of experience in engineering, fields of science relevant to used nuclear fuel management, energy, governmental service, environmental policy, law, public administration, or foreign affairs. (3) Deadline for appointment.--All members of the Commission shall be appointed by not later than 90 days after the date of enactment of this Act. (c) Chairperson.--The individual appointed under subsection (a)(5) shall serve as Chairperson of the Commission. (d) Initial Meeting.--The Commission shall meet and begin the operations of the Commission as soon as practicable after the date of enactment of this Act. (e) Administration.-- (1) Meetings.--After the initial meeting of the Commission, the Commission shall meet on the call of the Chairperson or a majority of the members of the Commission. (2) Quorum.--Five members of the Commission shall constitute a quorum. (3) Vacancies.--Any vacancy on the Commission-- (A) shall not affect the powers of the Commission; and (B) shall be filled in the same manner in which the original appointment was made. SEC. 5. DUTIES. (a) In General.--The Commission shall-- (1) conduct an evaluation to advise Congress on the feasibility, cost, risks, and legal, public health, and environmental impacts (including such impacts on local communities) of alternatives to the spent fuel and high-level waste strategies of the Federal Government including-- (A) transferring from the Department of Energy responsibility for the high-level radioactive waste and spent fuel management program of the United States to a Government corporation established for that purpose; (B) endowing such a Federal Government corporation with authority and funding necessary to provide for storage and management of high-level radioactive waste and spent nuclear fuel; (C) cost-sharing options between the Federal Government and private industry for the development of nuclear fuel management technology and licensing; (D) establishing Federal or private centralized interim storage facilities in communities that are willing to serve as hosts; (E) research and development leading to deployment of advanced fuel cycle technologies (including reprocessing, transmutation, and recycling technologies) that are not vulnerable to weapons proliferation; (F) transferring to the Department of Energy title to-- (i) spent nuclear fuel inventories at reactor sites in existence as of the date of enactment of this Act; and (ii) future nuclear fuel inventories at reactor sites; (G) while long-term solutions for spent nuclear fuel management are developed, requiring the transfer of spent nuclear fuel inventories-- (i) to at-reactor dry casks in a manner to ensure public safety and the security of the inventories; and (ii) after the date on which the spent nuclear fuel inventory has been stored in a cooling pond for a period of not less than 7 years; (H) permanent, deep geologic disposal for civilian and defense wastes, and interim strategies for the treatment of defense wastes; and (I) additional management and technological approaches, including improved security of spent nuclear fuel storage installations, as the Commission determines to be appropriate for consideration; (2) consult with Federal agencies (including the Nuclear Waste Technical Review Board and the National Academy of Sciences), interested individuals, States, local governments, organizations, and businesses as the Commission determines to be necessary to carry out the duties of the Commission; (3) submit recommendations on the disposition of the existing fees charged to nuclear energy ratepayers, and the recommended disposition of the available balances consistent with the recommendations of the Commission regarding the management of spent nuclear fuel; and (4) analyze the financial impacts of the recommendations of the Commission described in paragraph (3) on the contractual liability of the Federal Government under section 302 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222). (b) Report.--The Commission shall submit to Congress a final report in accordance with this Act containing such findings, conclusions, and recommendations as the Commission considers appropriate. SEC. 6. POWERS. (a) Hearings and Evidence.--The Commission or, on the authority of the Commission, any subcommittee may, for the purpose of carrying out this Act, hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers to be appropriate. (b) Contracting.--The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge the duties of the Commission under this Act. (c) Information From Federal Agencies.-- (1) In general.--The Commission may secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government, information, suggestions, estimates, and statistics for the purposes of this Act. (2) Furnishing of information.--Each department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics in a timely manner directly to the Commission, on request made by the Chairperson of the Commission, or any member designated by a majority of the Commission. (3) Receipt, handling, storage, and dissemination.-- Information shall only be received, handled, stored, and disseminated by members of the Commission and staff of the Commission in a manner that is consistent with applicable law (including regulations and Executive orders). (d) Assistance From Federal Agencies.-- (1) General services administration.--The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the duties of the Commission. (2) Other departments and agencies.--In addition to the assistance prescribed in paragraph (1), departments and agencies of the Federal Government may provide to the Commission such services, funds, facilities, staff, and other support services as the Commission may reasonably request and as may be authorized by law. (e) Postal Services.--The Commission may use the United States mails in the same manner and under the same conditions as departments and agencies of the Federal Government. SEC. 7. APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Commission. SEC. 8. STAFF. (a) In General.-- (1) Appointment and compensation.--The Chairperson, in accordance with rules agreed on by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out the duties of the Commission, 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, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of that title. (2) Personnel as federal employees.-- (A) In general.--The staff director and any personnel of the Commission who are employees 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. (B) Members of commission.--Subparagraph (A) does not apply to members of the Commission. (b) Detailees.-- (1) In general.--Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission. (2) Rights.--The detailee shall retain the rights, status, and privileges of the regular employment of the detailee without interruption. (c) Consultant Services.--The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of that title. SEC. 9. COMPENSATION; TRAVEL EXPENSES. (a) Compensation.--Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Commission. (b) Travel Expenses.--While away from the home or regular place of business of a member of the Commission in the performance of services for the Commission, a member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. SEC. 10. SECURITY CLEARANCES. The appropriate Federal agencies or departments shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the maximum extent practicable pursuant to existing procedures and requirements, except that no person shall be provided with access to classified information under this Act without the appropriate security clearances. SEC. 11. REPORTS. (a) Interim Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall make available to the public for comment an interim report containing such findings, conclusions, and recommendations as have been agreed to by a majority of the Commission members. (b) Final Report.--Not later than 2 years after the date of the first meeting of the Commission, the Commission shall submit to Congress a final report, the contents of which shall-- (1) contain the items described in subsection (a), as agreed to by a majority of the members of the Commission; (2) contain the opinion of each member of the Commission who does not approve of any item contained in the final report (including an explanation of the opinion and any alternative recommendation); and (3) take into account public comments received under subsection (a). SEC. 12. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended. SEC. 13. TERMINATION. (a) In General.--The authority provided to the Commission by this Act terminates on the last day of the 180-day period beginning on the date on which the final report is submitted under section 11(b). (b) Administrative Activities Before Termination.--During the 180- day period referred to in subsection (a), the Commission may conclude the activities of the Commission, including providing testimony to committees of Congress concerning reports of the Commission and disseminating the final report of the Commission. | National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel Establishment Act of 2009 - Establishes the National Commission on High-Level Radioactive Waste and Spent Nuclear Fuel to evaluate alternatives to high-level radioactive waste and spent nuclear fuel strategies of the federal government. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stem Cell Research Enhancement Act of 2007''. SEC. 2. HUMAN EMBRYONIC STEM CELL RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 289 et seq.) is amended by inserting after section 498C the following: ``SEC. 498D. HUMAN EMBRYONIC STEM CELL RESEARCH. ``(a) In General.--Notwithstanding any other provision of law (including any regulation or guidance), the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section (regardless of the date on which the stem cells were derived from a human embryo) . ``(b) Ethical Requirements.--Human embryonic stem cells shall be eligible for use in any research conducted or supported by the Secretary if the cells meet each of the following: ``(1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. ``(2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded. ``(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. ``(c) Guidelines.--Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall issue final guidelines to carry out this section. ``(d) Reporting Requirements.--The Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.''. SEC. 3. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL RESEARCH. Part H of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.), as amended by section 2, is further amended by inserting after section 498D the following: ``SEC. 498E. ALTERNATIVE HUMAN PLURIPOTENT STEM CELL RESEARCH. ``(a) In General.--In accordance with section 492, the Secretary shall conduct and support basic and applied research to develop techniques for the isolation, derivation, production, or testing of stem cells that, like embryonic stem cells, are capable of producing all or almost all of the cell types of the developing body and may result in improved understanding of or treatments for diseases and other adverse health conditions, but are not derived from a human embryo. ``(b) Guidelines.--Not later than 90 days after the date of the enactment of this section, the Secretary, after consultation with the Director, shall issue final guidelines to implement subsection (a), that-- ``(1) provide guidance concerning the next steps required for additional research, which shall include a determination of the extent to which specific techniques may require additional basic or animal research to ensure that any research involving human cells using these techniques would clearly be consistent with the standards established under this section; ``(2) prioritize research with the greatest potential for near-term clinical benefit; and ``(3) consistent with subsection (a), take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. ``(c) Reporting Requirements.--Not later than January 1 of each year, the Secretary shall prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the fiscal year, including a description of the research conducted under this section. ``(d) Rule of Construction.--Nothing in this section shall be construed to affect any policy, guideline, or regulation regarding embryonic stem cell research, human cloning by somatic cell nuclear transfer, or any other research not specifically authorized by this section. ``(e) Definition.-- ``(1) In general.--In this section, the term `human embryo' shall have the meaning given such term in the applicable appropriations Act. ``(2) Applicable act.--For purposes of paragraph (1), the term `applicable appropriations Act' means, with respect to the fiscal year in which research is to be conducted or supported under this section, the Act making appropriations for the Department of Health and Human Services for such fiscal year, except that if the Act for such fiscal year does not contain the term referred to in paragraph (1), the Act for the previous fiscal year shall be deemed to be the applicable appropriations Act. ``(f) Authorization of Appropriations.--There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2010, to carry out this section.''. | Stem Cell Research Enhancement Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following ethical requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos would never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements. Requires the Secretary to develop techniques for the isolation, derivation, production, or testing of stem cells that are capable of producing all or almost all of the cell types of the developing body and may result in improved understanding of treatments for diseases and other adverse health conditions, but that are not derived from a human embryo. Requires the Secretary to: (1) provide guidance concerning the next steps required for additional research; (2) prioritize research with the greatest potential for near-term clinical benefit; and (3) take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Susquehanna National Heritage Area Act''. SEC. 2. DEFINITIONS. In this Act: (1) Heritage area.--The term ``Heritage Area'' means the Susquehanna National Heritage Area established by section 3(a). (2) Local coordinating entity.--The term ``local coordinating entity'' means the local coordinating entity for the Heritage Area designated by section 4(a). (3) Management plan.--The term ``management plan'' means the plan developed by the local coordinating entity under section 5(a). (4) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (5) State.--The term ``State'' means the State of Pennsylvania. SEC. 3. SUSQUEHANNA NATIONAL HERITAGE AREA. (a) Establishment.--There is established the Susquehanna National Heritage Area in the State. (b) Boundaries.--The Heritage Area shall include Lancaster and York Counties, Pennsylvania. SEC. 4. DESIGNATION OF LOCAL COORDINATING ENTITY. (a) Local Coordinating Entity.--The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the State, shall be the local coordinating entity for the Heritage Area. (b) Authorities of Local Coordinating Entity.--The local coordinating entity may, for purposes of preparing and implementing the management plan-- (1) prepare reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (2) make grants to the State, political subdivisions of the State, nonprofit organizations, and other persons; (3) enter into cooperative agreements with the State, political subdivisions of the State, nonprofit organizations, and other organizations; (4) hire and compensate staff; (5) obtain funds or services from any source, including funds and services provided under any Federal program or law, in which case the Federal share of the cost of any activity assisted using Federal funds provided for National Heritage Areas shall not be more than 50 percent; and (6) contract for goods and services. (c) Duties of Local Coordinating Entity.--To further the purposes of the Heritage Area, the local coordinating entity shall-- (1) prepare a management plan for the Heritage Area in accordance with section 5; (2) give priority to the implementation of actions, goals, and strategies set forth in the management plan, including assisting units of government and other persons in-- (A) carrying out programs and projects that recognize and protect important resource values in the Heritage Area; (B) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (C) establishing and maintaining interpretive exhibits in the Heritage Area; (D) developing heritage-based recreational and educational opportunities for residents and visitors in the Heritage Area; (E) increasing public awareness of and appreciation for the natural, historic, and cultural resources of the Heritage Area; (F) restoring historic buildings that are-- (i) located in the Heritage Area; and (ii) related to the themes of the Heritage Area; and (G) installing throughout the Heritage Area clear, consistent, and appropriate signs identifying public access points and sites of interest; (3) consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the Heritage Area in developing and implementing the management plan; (4) conduct public meetings at least semiannually regarding the development and implementation of the management plan; and (5) for any fiscal year for which Federal funds provided for National Heritage Areas are expended for the Heritage Area-- (A) submit to the Secretary an annual report that describes-- (i) the accomplishments of the local coordinating entity; (ii) the expenses and income of the local coordinating entity; and (iii) the entities to which the local coordinating entity made any grants; (B) make available for audit all records relating to the expenditure of the Federal funds and any matching funds; and (C) require, with respect to all agreements authorizing the expenditure of Federal funds by other organizations, that the receiving organizations make available for audit all records relating to the expenditure of the Federal funds. (d) Prohibition on Acquisition of Real Property.-- (1) In general.--The local coordinating entity shall not use Federal funds provided for National Heritage Areas to acquire real property or any interest in real property. (2) Other sources.--Nothing in this Act precludes the local coordinating entity from using funds from other sources for authorized purposes, including the acquisition of real property or any interest in real property. SEC. 5. MANAGEMENT PLAN. (a) In General.--Not later than 3 years after the date on which funds are first made available to carry out this Act, the local coordinating entity shall prepare and submit to the Secretary a management plan for the Heritage Area. (b) Contents.--The management plan for the Heritage Area shall-- (1) include comprehensive policies, strategies, and recommendations for the conservation, funding, management, and development of the Heritage Area; (2) include a description of actions and commitments that governments, private organizations, and citizens will take to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the Heritage Area; (3) describe a program of implementation for the management plan that includes-- (A) performance goals and ongoing performance evaluation; (B) plans for resource protection, enhancement and interpretation; and (C) specific commitments for implementation that have been made by the local coordinating entity or any government, organization, business or individual; (4) include an interpretative plan for the Heritage Area; (5) take into consideration existing State, county, and local plans; (6) specify the existing and potential sources of funding to protect, manage, and develop the Heritage Area; (7) include an inventory of the natural, historic, cultural, educational, scenic, and recreational resources of the Heritage Area relating to the themes of the Heritage Area that should be preserved, restored, managed, developed, or maintained; and (8) include an analysis of, and recommendations for, ways in which Federal, State, and local programs, may best be coordinated to further the purposes of this Act, including recommendations for the role of the National Park Service in the Heritage Area. (c) Approval and Disapproval of Management Plan.-- (1) In general.--Not later than 180 days after the date on which the local coordinating entity submits the management plan to the Secretary, the Secretary shall approve or disapprove the proposed management plan. (2) Considerations.--In determining whether to approve or disapprove the management plan, the Secretary shall consider whether-- (A) the local coordinating entity is representative of the diverse interests of the Heritage Area, including governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations; (B) the local coordinating entity has provided adequate opportunities (including public meetings) for public and governmental involvement in the preparation of the management plan; (C) the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historic, and cultural resources of the Heritage Area; and (D) the management plan is supported by the appropriate State and local officials, the cooperation of which is needed to ensure the effective implementation of the State and local aspects of the management plan. (3) Disapproval and revisions.-- (A) In general.--If the Secretary disapproves a proposed management plan, the Secretary shall-- (i) advise the local coordinating entity, in writing, of the reasons for the disapproval; and (ii) make recommendations for revision of the proposed management plan. (B) Approval or disapproval.--The Secretary shall approve or disapprove a revised management plan not later than 180 days after the date on which the revised management plan is submitted. (d) Approval of Amendments.--The Secretary shall review and approve or disapprove substantial amendments to the management plan in accordance with subsection (c). SEC. 6. RELATIONSHIP TO OTHER FEDERAL AGENCIES. (a) In General.--Nothing in this Act affects the authority of a Federal agency to provide technical or financial assistance under any other law. (b) Consultation and Coordination.--The head of any Federal agency planning to conduct activities that may have an impact on the Heritage Area is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the extent practicable. (c) Other Federal Agencies.--Nothing in this Act-- (1) modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency; (2) limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of the Heritage Area; or (3) modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency. SEC. 7. PRIVATE PROPERTY AND REGULATORY PROTECTIONS. Nothing in this Act-- (1) abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within the Heritage Area; (2) requires any property owner to permit public access (including access by Federal, State, or local agencies) to the property of the property owner, or to modify public access or use of property of the property owner under any other Federal, State, or local law; (3) alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, or local agency, or conveys any land use or other regulatory authority to the local coordinating entity; (4) authorizes or implies the reservation or appropriation of water or water rights; (5) affects the licensing or relicensing of facilities by the Federal Energy Regulatory Commission within the proposed Heritage Area or upstream or downstream from the proposed Heritage Area on the Susquehanna River, including FERC Project No. 405-104; (6) diminishes the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within the Heritage Area; or (7) creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property. SEC. 8. EVALUATION; REPORT. (a) In General.--Not later than 3 years before the date specified under section 9, the Secretary shall-- (1) conduct an evaluation of the accomplishments of the Heritage Area; and (2) prepare a report in accordance with subsection (c). (b) Evaluation.--An evaluation conducted under subsection (a)(1) shall-- (1) assess the progress of the local coordinating entity with respect to-- (A) accomplishing the purposes of this Act for the Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the Heritage Area; (2) analyze the Federal, State, local, and private investments in the Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the Heritage Area for purposes of identifying the critical components for sustainability of the Heritage Area. (c) Report.-- (1) In general.--Based on the evaluation conducted under subsection (a)(1), the Secretary shall prepare a report that includes recommendations for the future role of the National Park Service, if any, with respect to the Heritage Area. (2) Submission to congress.--On completion of the report, the Secretary shall submit the report to-- (A) the Committee on Energy and Natural Resources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. SEC. 9. TERMINATION OF AUTHORITY. The authority of the Secretary to provide assistance under this Act terminates on the date that is 15 years after the date of enactment of this Act. Passed the House of Representatives June 5, 2018. Attest: KAREN L. HAAS, Clerk. | Susquehanna National Heritage Area Act This bill establishes the Susquehanna National Heritage Area in Pennsylvania, which shall include Lancaster and York counties. The Susquehanna Heritage Corporation is designated as the local coordinating entity for the area. The bill prohibits the corporation from using federal funds for the acquisition of real property or any interest in real property. The corporation shall prepare and submit a management plan for the area that includes a description of actions and commitments that will be taken to protect, enhance, and interpret the natural, historic, scenic, and cultural resources of the heritage area. The bill terminates the authority of the Department of the Interior to provide assistance with respect to the area after 15 years. |
SEC. 1. SHORT TITLE. This Act may be cited as the ``Federal Land Recreational Visitor Protection Act of 2005''. SEC. 2. DEFINITIONS. In this Act: (1) Program.--The term ``program'' means the avalanche protection program established under section 3(a). (2) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. SEC. 3. AVALANCHE PROTECTION PROGRAM. (a) Establishment.--The Secretary, in consultation with the Secretary of the Interior, shall establish a coordinated avalanche protection program-- (1) to provide early identification of the potential for avalanches that could endanger the safety of recreational users of public land, including skiers, backpackers, snowboarders, and campers and visitors to units of the National Park System; and (2) to reduce the risks and mitigate the effects of avalanches on visitors, recreational users, neighboring communities, and transportation corridors. (b) Coordination.-- (1) In general.--In developing and implementing the program, the Secretary shall consult with the Secretary of the Interior, and coordinate the program, to ensure adequate levels of protection for recreational users of public land under the jurisdiction of the Secretary of the Interior, including units of the National Park System, National Recreation Areas, wilderness and backcountry areas, components of the National Wild and Scenic Rivers System, and other areas that are subject to the potential threat of avalanches. (2) Resources.--In carrying out this section, the Secretary and the Secretary of the Interior-- (A) shall, to the maximum extent practicable, use the resources of the National Avalanche Center of the Forest Service; and (B) may use such other resources as the Secretary has available in the development and implementation of the program. (c) Advisory Committee.-- (1) In general.--The Secretary and the Secretary of the Interior shall jointly establish an advisory committee to assist in the development and implementation of the program. (2) Membership.-- (A) In general.--The Advisory Committee shall consist of 11 members, appointed by the Secretaries, who represent authorized users of artillery, other military weapons, or weapons alternatives used for avalanche control. (B) Representatives.--The membership of the Advisory Committee shall include representatives of-- (i) Federal land management agencies and concessionaires or permittees that are exposed to the threat of avalanches; (ii) State departments of transportation that have experience in dealing with the effects of avalanches; and (iii) Federal- or State-owned railroads that have experience in dealing with the effects of avalanches. (d) Central Depository.--The Secretary, the Secretary of the Interior, and the Secretary of the Army shall establish a central depository for weapons, ammunition, and parts for avalanche control purposes, including an inventory that can be made available to Federal and non-Federal entities for avalanche control purposes under the program. (e) Grants.-- (1) In general.--The Secretary and the Secretary of the Interior may make grants to carry out projects and activities under the program-- (A) to assist in the prevention, forecasting, detection, and mitigation of avalanches for the safety and protection of persons, property, and at-risk communities; (B) to maintain essential transportation and communications affected or potentially affected by avalanches; (C) to assist avalanche artillery users to ensure the availability of adequate supplies of artillery and other unique explosives required for avalanche control in or affecting-- (i) units of the National Park System; and (ii) other Federal land used for recreation purposes; and (iii) adjacent communities, and essential transportation corridors, that are at risk of avalanches; and (D) to assist public or private persons and entities in conducting research and development activities for cost-effective and reliable alternatives to minimize reliance on military weapons for avalanche control. (2) Priority.--For each fiscal year for which funds are made available under section 4, the Secretary shall give priority to projects and activities carried out in avalanche zones-- (A) with a high frequency or severity of avalanches; or (B) in which deaths or serious injuries to individuals, or loss or damage to public facilities and communities, have occurred or are likely to occur. (f) Surplus Ordnance.--Section 549(c)(3) of title 40, United States Code, is amended-- (1) in subparagraph (A), by striking ``or'' after the semicolon at the end; (2) in subparagraph (B), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(C) in the case of surplus artillery ordnance that is suitable for avalanche control purposes, to a user of such ordnance.''. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this Act $15,000,000 for each of fiscal years 2006 through 2010. Passed the Senate July 26, 2005. Attest: EMILY J. REYNOLDS, Secretary. | Federal Land Recreational Visitor Protection Act of 2005 - Directs the Secretary of Agriculture to establish an avalanche protection program to: (1) provide early identification of the potential for avalanches that could endanger the safety of recreational users of public land and visitors to units of the National Park System (NPS); and (2) reduce the risks and mitigate the effects of avalanches on visitors, recreational users, neighboring communities, and transportation corridors. Requires the Secretary and the Secretary of the Interior to: (1) use the resources of the National Avalanche Center of the Forest Service to carry out this Act; and (2) establish an advisory committee to assist in the development and implementation of the program. Directs such Secretaries and the Secretary of the Army to establish a central depository for weapons, ammunition, and parts for avalanche control purposes, including an inventory that can be made available to federal and non-federal entities. Authorizes the Secretaries of Agriculture and the Interior to make grants to carry out projects and activities under the program to: (1) assist in the prevention, forecasting, detection, and mitigation of avalanches; (2) maintain essential transportation and communications; (3) assist avalanche artillery users to ensure the availability of adequate supplies of artillery and other explosives required for avalanche control in or affecting NPS units, other federal land used for recreation, and adjacent communities, and essential transportation corridors; and (4) assist research and development activities for alternatives to minimize reliance on military weapons for avalanche control. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring One Level of Aviation Safety Act of 2009''. SEC. 2. IMPLEMENTATION OF RECOMMENDATIONS OF THE NATIONAL TRANSPORTATION SAFETY BOARD. (a) Implementation of Certain Recommendations.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall implement the following recommendations of the National Transportation Safety Board: (1) Recommendations A-03-53 through A-03-54, dated December 2, 2003 (relating to inspections for general aviation aircraft and low-airspeed alert systems for all aircraft). (2) Recommendation A-05-14, dated May 13, 2005 (relating to programs for flight crewmembers who have demonstrated deficiencies in performance or training). (3) Recommendations A-06-48 through A-06-51, dated July 10, 2006 (relating to aircraft operations in cold or icy conditions). (4) Recommendation A-07-8, dated January 23, 2007 (relating to developing programs of education for air carrier pilots). (b) Determinations With Respect to Pending and Future Recommendations.-- (1) In general.--Not later than 180 days after the National Transportation Safety Board provides the Administrator of the Federal Aviation Administration with a safety recommendation, the Administrator shall submit to Congress a notification-- (A) indicating whether or not the Administrator has determined to implement the recommendation; and (B)(i) if the Administrator determines to implement the recommendation, describing the actions the Administrator plans to take to implement the recommendation; or (ii) if the Administrator determines not to implement the recommendation, describing the reasons for that determination. (2) Pending recommendations.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress the notification described in paragraph (1) with respect to each recommendation of the National Transportation Safety Board-- (A) made before the date of the enactment of this Act; and (B) that is not implemented before such date of enactment. SEC. 3. CERTIFICATION OF RECEIPT OF FEDERAL AVIATION ADMINISTRATION AIRWORTHINESS DIRECTIVES AND OTHER ORDERS BY AIR CARRIERS. Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan that contains-- (1) a certification process under which each air carrier will certify to the Administration that the air carrier has received an airworthiness directive or other order issued by the Administration; and (2) a plan for ensuring the compliance of air carriers with such directives and orders. SEC. 4. SAFETY INSPECTIONS OF REGIONAL AIR CARRIERS. (a) In General.--The Administrator of the Federal Aviation Administration shall, not less frequently than once each year, perform random, unannounced, on-site inspections of regional air carriers to ensure that such air carriers are complying with all applicable safety standards of the Administration. (b) Regional Air Carriers Defined.--The Administrator of the Federal Aviation Administration shall determine which air carriers are regional air carriers for purposes of subsection (a). SEC. 5. ESTABLISHMENT OF SAFETY STANDARDS WITH RESPECT TO THE TRAINING, HIRING, AND OPERATION OF AIRCRAFT BY PILOTS. (a) Completion of Rulemaking on Training Programs.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009 (74 Fed. Reg. 1280; relating to training programs for flight crewmembers and aircraft dispatchers). (b) Establishment of National Standard With Respect to Minimum Number of Flight Hours Required to Hire Commercial Aircraft Pilots.-- Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall revise regulations under part 61 of title 14, Code of Federal Regulations, to increase the minimum number of hours of flight experience required for pilots to conduct flight operations under parts 121 and 135 of title 14, Code of Federal Regulations. SEC. 6. REGULATIONS TO ADDRESS PILOT FATIGUE. (a) Regulations on Work Hours for Pilots.--Not later than 180 days after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations specifying limitations on hours of flight time allowed for pilots to address problems relating to pilot fatigue. (b) Fatigue Management Plans.--Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations-- (1) providing guidance to air carriers to develop plans to ensure that pilots are not operating aircraft while fatigued; (2) requiring air carriers to submit such plans to the Administration not later than 180 days after the Administrator issues the final rule with respect to the regulations and to update such plans on a regular basis; and (3) establishing standards and procedures for the submission of such plans and the review of such plans by the Administration. SEC. 7. ACCESS BY AIR CARRIERS TO INFORMATION ABOUT PRACTICAL TEST FAILURES BY PILOTS. Section 44703(h)(1)(A) of title 49, United States Code, is amended-- (1) in clause (i), by striking ``; and'' and inserting a semicolon; (2) by redesignating clause (ii) as clause (iii); and (3) by inserting after clause (i) the following: ``(ii) any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under part 61 of title 14, Code of Federal Regulations; and''. SEC. 8. OVERSIGHT OF PILOT TRAINING SCHOOLS. Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a plan for overseeing pilot schools certified under part 141 of title 14, Code of Federal Regulations, that includes-- (1) ensuring that the curriculum and course outline requirements for such schools under subpart C of such part are being met; and (2) conducting on-site inspections of each such school not less frequently than once every 2 years. | Ensuring One Level of Aviation Safety Act of 2009 - Directs the Administrator of the Federal Aviation Administration (FAA) to: (1) implement certain aviation safety recommendations of the National Transportation Safety Board (NTSB); and (2) notify Congress, within 180 days after the NTSB provides the Administrator with a safety recommendation, of determinations with respect to future and pending NTSB recommendations. Directs the Administrator to: (1) submit to Congress a plan that contains a process for each air carrier to certify to the FAA that it has received an airworthiness directive or other FAA issued order, including a plan for ensuring air carrier compliance with such directives and orders; and (2) perform, at least annually, random, unannounced, onsite inspections of regional air carriers to ensure their compliance with FAA safety standards. Requires the Administrator to: (1) issue a final rule with respect to the Notice of Proposed Rulemaking published in the Federal Register on January 12, 2009, regarding training programs for flight crewmembers and aircraft dispatchers; (2) revise federal aviation safety regulations to increase the minimum number of hours of flight experience required for pilots to conduct flight operations; (3) prescribe regulations to limit the number of hours allowed for pilots to address pilot fatigue problems as well as to provide guidance to air carriers to develop, and submit to the FAA, fatigue management plans; and (4) submit to Congress a plan for overseeing federally-certified pilot training schools. Requires an air carrier, before allowing an individual to begin service as a pilot, to request and receive from the FAA records pertaining to any failed attempt of the individual to pass a practical test required to obtain a certificate or type rating under federal regulations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Invest in America Now Act of 2012''. SEC. 2. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR CERTAIN BUSINESS ASSETS. (a) Extension of 100 Percent Bonus Depreciation for 2012.-- (1) In general.--Paragraph (5) of section 168(k) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``January 1, 2012'' each place it appears and inserting ``January 1, 2013'', and (B) by striking ``January 1, 2013'' and inserting ``January 1, 2014''. (2) Conforming amendments.-- (A) The heading for paragraph (5) of section 168(k) of such Code is amended by striking ``pre-2012 periods'' and inserting ``pre-2013 periods''. (B) Clause (ii) of section 460(c)(6)(B) of such Code is amended by striking ``January 1, 2011 (January 1, 2012'' and inserting ``January 1, 2013 (January 1, 2014''. (3) Effective dates.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall apply to property placed in service after December 31, 2011. (B) Conforming amendment.--The amendment made by paragraph (2)(B) shall apply to property placed in service after December 31, 2010. (b) Expansion of Election To Accelerate AMT Credits in Lieu of Bonus Depreciation.-- (1) In general.--Paragraph (4) of section 168(k) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) Election to accelerate amt credits in lieu of bonus depreciation.-- ``(A) In general.--If a corporation elects to have this paragraph apply for any taxable year-- ``(i) paragraph (1) shall not apply to any eligible qualified property placed in service by the taxpayer in such taxable year, ``(ii) the applicable depreciation method used under this section with respect to such property shall be the straight line method, and ``(iii) the limitation imposed by section 53(c) for such taxable year shall be increased by the bonus depreciation amount which is determined for such taxable year under subparagraph (B). ``(B) Bonus depreciation amount.--For purposes of this paragraph-- ``(i) In general.--The bonus depreciation amount for any taxable year is an amount equal to 20 percent of the excess (if any) of-- ``(I) the aggregate amount of depreciation which would be allowed under this section for eligible qualified property placed in service by the taxpayer during such taxable year if paragraph (1) applied to all such property, over ``(II) the aggregate amount of depreciation which would be allowed under this section for eligible qualified property placed in service by the taxpayer during such taxable year if paragraph (1) did not apply to any such property. The aggregate amounts determined under subclauses (I) and (II) shall be determined without regard to any election made under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without regard to subparagraph (A)(ii). ``(ii) Limitation.--The bonus depreciation amount for any taxable year shall not exceed the lesser of-- ``(I) 50 percent of the minimum tax credit under section 53(b) for the first taxable year ending after December 31, 2011, reduced (but not below zero) by the sum of the bonus depreciation amounts for all taxable years ending after such date for which an election under this paragraph was made which precede the taxable year for which the determination is made (other than amounts determined with respect to property placed in service by the taxpayer on or before such date), or ``(II) the minimum tax credit under section 53(b) for such taxable year determined by taking into account only the adjusted minimum tax for taxable years ending before January 1, 2012 (determined by treating credits as allowed on a first-in, first-out basis). ``(iii) Aggregation rule.--All corporations which are treated as a single employer under section 52(a) shall be treated-- ``(I) as 1 taxpayer for purposes of this paragraph, and ``(II) as having elected the application of this paragraph if any such corporation so elects. ``(C) Eligible qualified property.--For purposes of this paragraph, the term `eligible qualified property' means qualified property under paragraph (2), except that in applying paragraph (2) for purposes of this paragraph-- ``(i) `March 31, 2008' shall be substituted for `December 31, 2007' each place it appears in subparagraph (A) and clauses (i) and (ii) of subparagraph (E) thereof, ``(ii) `April 1, 2008' shall be substituted for `January 1, 2008' in subparagraph (A)(iii)(I) thereof, and ``(iii) only adjusted basis attributable to manufacture, construction, or production-- ``(I) after March 31, 2008, and before January 1, 2010, and ``(II) after December 31, 2010, and before January 1, 2013, shall be taken into account under subparagraph (B)(ii) thereof. ``(D) Credit refundable.--For purposes of section 6401(b), the aggregate increase in the credits allowable under part IV of subchapter A for any taxable year resulting from the application of this paragraph shall be treated as allowed under subpart C of such part (and not any other subpart). ``(E) Other rules.-- ``(i) Election.--Any election under this paragraph may be revoked only with the consent of the Secretary. ``(ii) Partnerships with electing partners.--In the case of a corporation making an election under subparagraph (A) and which is a partner in a partnership, for purposes of determining such corporation's distributive share of partnership items under section 702-- ``(I) paragraph (1) shall not apply to any eligible qualified property, and ``(II) the applicable depreciation method used under this section with respect to such property shall be the straight line method. ``(iii) Certain partnerships.--In the case of a partnership in which more than 50 percent of the capital and profits interests are owned (directly or indirectly) at all times during the taxable year by one corporation (or by corporations treated as 1 taxpayer under subparagraph (B)(iii)), for purposes of subparagraph (B), each partner shall take into account its distributive share of the amounts determined by the partnership under subclauses (I) and (II) of clause (i) of such subparagraph for the taxable year of the partnership ending with or within the taxable year of the partner. The preceding sentence shall apply only to amounts determined with respect to property placed in service after December 31, 2011. ``(iv) Special rule for passenger aircraft.--In the case of any passenger aircraft, the written binding contract limitation under paragraph (2)(A)(iii)(I) shall not apply for purposes of subparagraphs (B)(i)(I) and (C).''. (2) Effective date.--The amendment made by this subsection shall apply to taxable years ending after December 31, 2011. (3) Transitional rule.--In the case of a taxable year beginning before January 1, 2012, and ending after December 31, 2011, the bonus depreciation amount determined under paragraph (4) of section 168(k) of the Internal Revenue Code of 1986 for such year shall be the sum of-- (A) such amount determined under such paragraph as in effect on the date before the date of enactment of this Act-- (i) taking into account only property placed in service before January 1, 2012, and (ii) multiplying the limitation under subparagraph (C)(ii) of such paragraph (as so in effect) by a fraction the numerator of which is the number of days in the taxable year before January 1, 2012, and the denominator of which is the number of days in the taxable year, and (B) such amount determined under such paragraph as amended by this Act-- (i) taking into account only property placed in service after December 31, 2011, and (ii) multiplying the limitation under subparagraph (B)(ii) of such paragraph (as so in effect) by a fraction the numerator of which is the number of days in the taxable year after December 31, 2011, and the denominator of which is the number of days in the taxable year. SEC. 3. LIMITATION ON SECTION 199 DEDUCTION ATTRIBUTABLE TO OIL, NATURAL GAS, OR PRIMARY PRODUCTS THEREOF. (a) Denial of Deduction.--Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(E) Special rule for certain oil and gas income.--In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term `domestic production gross receipts' shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, or any primary product (within the meaning of subsection (d)(9)) thereof.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2011. | Invest in America Now Act of 2012 - Amends the Internal Revenue Code to: (1) extend through 2012 the 100% bonus depreciation allowance for business assets; (2) increase the amount of alternative minimum tax (AMT) credits that corporate taxpayers may elect to accelerate in a taxable year in lieu of claiming bonus depreciation; and (3) deny major integrated oil companies a tax deduction for income attributable to the domestic production, transportation, or distribution of oil, natural gas, and primary products thereof. |
SECTION 1. AUTHORIZATION OF MAJOR MEDICAL FACILITY PROJECTS AND MAJOR MEDICAL FACILITY LEASES. (a) Projects Authorized.--The Secretary of Veterans Affairs may carry out the major medical facility projects for the Department of Veterans Affairs, and may carry out the major medical facility leases for that Department, for which funds are requested in the budget of the President for fiscal year 1995. The authorization in the preceding sentence applies to projects and leases which have not been authorized, or for which funds have not been appropriated, in any fiscal year before fiscal year 1995 and to projects and leases which have been authorized, or for which funds were appropriated, in fiscal years before fiscal year 1995. (b) Additional Projects.--(1) In addition to the projects authorized in subsection (a), the Secretary may carry out the following major medical facility projects in the amounts specified for such projects: (A) The projects that are proposed in the documents submitted to Congress by the Secretary of Veterans Affairs in conjunction with the budget of the President for fiscal year 1995 to be financed with funds from the proposed Health Care Investment Fund. (B) Construction of a nursing home facility at the Department of Veterans Affairs Medical Center in Charleston, South Carolina, $7,300,000. (C) Construction of an outpatient care addition at the Department of Veterans Affairs medical center in Phoenix, Arizona, $50,000,000. (2) The authorizations in subparagraphs (A), (B), and (C) of paragraph (1) apply to projects which have not been authorized, or for which funds have not been appropriated, in any fiscal year before fiscal year 1995 and to projects which have been authorized, or for which funds were appropriated, in fiscal years before fiscal year 1995. (c) Projects for Which Funds Appropriated.--In addition to the projects authorized in subsections (a) and (b), the Secretary may carry out the following major medical facility projects for which funds were appropriated in chapter 7 of the Emergency Supplemental Appropriations Act of 1994 (title I of Public Law 103-211; 108 Stat. 10) in the amounts specified: (1) Construction of an ambulatory care/support services facility at the Department of Veterans Affairs Medical Center in Sepulveda, California, $53,700,000. (2) Other major medical facility projects required to repair, restore, or replace earthquake-damaged facilities at the Department of Veterans Affairs Medical Center in Sepulveda, California, $50,000,000. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 1995-- (1) $395,000,000 for the major medical facility projects authorized in subsections (a) and (b) of section 1; and (2) $15,900,000 for the major medical facility leases authorized in section 1(a). (b) Limitation.--The projects authorized in subsections (a) and (b) of section 1 may only be carried out using-- (1) funds appropriated for fiscal year 1995 pursuant to the authorization of appropriations in subsection (a); (2) funds appropriated for Construction, Major Projects for a fiscal year before fiscal year 1995 that remain available for obligation; and (3) funds appropriated for Construction, Major Projects for fiscal year 1995 for a category of activity not specific to a project. (c) Limitation on Certain Projects.--The projects authorized in subsection (c) of section 1 may only be carried out using-- (1) funds appropriated to the Construction, Major Projects account under chapter 7 of the Emergency Supplemental Appropriations Act of 1994 (title I of Public Law 103-211; 108 Stat. 10) and funds transferred by the President to the Construction, Major Projects account pursuant to chapter 8 of that Act (108 Stat. 14); (2) funds appropriated to the Medical Care account by chapter 7 of the Emergency Supplemental Appropriations Act of 1994 that are transferred to the Construction, Major Projects account; (3) funds appropriated to the Construction, Major Projects account for a fiscal year before fiscal year 1994 that remain available for obligation; and (4) funds appropriated to the Construction, Major Projects account for fiscal year 1994 for a category of activity not specific to a project. SEC. 3. WAIVER OF CONGRESSIONAL WAITING PERIOD REQUIREMENT FOR A SPECIFIED ADMINISTRATIVE REORGANIZATION. (a) Waiver.--The Secretary of Veterans Affairs may undertake the administrative reorganization described in subsection (b) of this section without regard to the waiting period requirement of section 510(b) of title 38, United States Code. (b) Covered Administrative Reorganization.--The administrative reorganization referred to in subsection (a) of this section is a reorganization at the Department of Veterans Affairs Medical Center in Sepulveda, California, necessitated by the January 1994 earthquake damage at that location, as described in the letters dated April 25, 1994, and the accompanying detailed plan and justification, submitted by the Secretary of Veterans Affairs to the chairmen of the Committees on Veterans' Affairs of the Senate and the House of Representatives pursuant to section 510(b) of title 38, United States Code. Passed the Senate August 19 (legislative day, August 18), 1994. Attest: Secretary. | Authorizes the Secretary of Veterans Affairs to carry out the major medical facility projects and leases for which funds are requested in the FY 1995 budget of the Department of Veterans Affairs. Authorizes additional major medical facility projects, in specified amounts, as well as projects for which funds were appropriated under the Emergency Supplemental Appropriations Act of 1994. Authorizes appropriations for FY 1995 for such projects and leases, with specified limitations. Authorizes the Secretary to undertake an administrative reorganization at the Department Medical Center in Sepulveda, California, as necessitated by the January 1994 earthquake there, without regard to a congressional waiting period requirement. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protection of Lawful Commerce in Arms Act''. SEC 2. AMENDMENT TO ORGANIC ACT. The Act entitled ``An Act to establish the Department of Commerce and Labor'', approved February 14, 1903 (15 U.S.C. 1501 et seq.), is amended by redesignating section 13 as section 14 and by inserting after section 12 the following: ``SEC. 13. RESTRICTION ON COMMERCE. ``(a) Secretary of Commerce List.--The Secretary of Commerce shall establish and maintain a list consisting of each person that notifies the Secretary under subsection (b) that it is a manufacturer or seller in interstate or foreign commerce of a firearm or ammunition product or is a trade association representing such manufacturers or sellers. The list shall contain the name of the person, the chief executive officer of the person, and the address and location of the headquarters of the person. The Secretary shall maintain and update the list and may publish the list in the Federal Register. ``(b) Notification.--Each person that-- ``(1) is a manufacturer in interstate or foreign commerce of a firearm or ammunition product, and is licensed to engage in business as such manufacturer to the extent required under chapter 44 of title 18, United States Code, ``(2) is a seller in interstate or foreign commerce of a firearm or ammunition product, and is licensed to engage in business as such seller to the extent required under chapter 44 of title 18, United States Code, or ``(3) is a trade association representing such manufacturers or sellers, may notify the Secretary of its existence and provide to the Secretary the information described in subsection (a). ``(c) Freedom From Restriction.--Conduct that-- ``(1)(A) is carried out by a manufacturer in interstate or foreign commerce of a firearm or ammunition product, involves such firearm or ammunition product, and is described in paragraph (4) of subsection (d); ``(B) is carried out by a seller in interstate or foreign commerce of a firearm or ammunition product, involves a firearm or ammunition product, and is described in paragraph (6) of subsection (d); or ``(C) is carried out by a trade association in the course of organizing, advising, or representing its members who are manufacturers in interstate or foreign commerce of a firearm or ammunition product, or who are sellers in interstate or foreign commerce of a firearm or ammunition product, with respect to conduct of such manufacturers or sellers described in paragraph (4) or (6) of subsection (d), as the case may be; and ``(2) is lawful under chapter 44 of title 18, United States Code, or under applicable State law; shall not be a basis for imposing a restriction on interstate or foreign commerce on a person on the list described in subsection (a) as a result of harm caused by the criminal or other unlawful misuse of such firearm or ammunition product by any other person. ``(d) Definitions.--In this section: ``(1) Ammunition product.--The term `ammunition product' means `ammunition' as defined in section 921(a)(17) of title 18, United States Code, and includes a component part of such ammunition product that has been shipped or transported in interstate or foreign commerce. ``(2) Firearm product.--The term `firearm product' means `firearm' as defined in subparagraph (A) or (B) section 921(a)(3) of title 18, United States Code, and includes any `antique firearm' as defined in section 921(a)(16) of such title, and includes a component part of such a firearm that has been shipped or transported in interstate or foreign commerce. ``(3) Interstate or foreign commerce.--The term `interstate or foreign commerce' has the meaning given that term in section 921(a)(2) of title 18, United States Code. ``(4) Manufacturer.--The term `manufacturer in interstate or foreign commerce of a firearm or ammunition product' means-- ``(A) a person who, in the course of a business in interstate or foreign commerce to import, make, produce, create, assemble, design, or formulate a firearm or ammunition product, imports, makes, produces, creates, assembles, designs, or formulates a firearm or ammunition product, or engages another person to import, make, produce, create, assemble, design, or formulate a firearm or ammunition product; ``(B) a seller in interstate or foreign commerce of a firearm or ammunition product made by another person, but only with respect to an aspect of the firearm or ammunition product that the seller makes, produces, creates, assembles, designs, or formulates; and ``(C) any seller in interstate or foreign commerce of a firearm or ammunition product on which, or on the packaging of which, the seller is also represented as the manufacturer of the firearm or ammunition product. ``(5) Restriction on interstate or foreign commerce.--The term `restriction on interstate or foreign commerce'-- ``(A) means-- ``(i) civil damages or equitable relief, or ``(ii) any other limitation or condition, awarded or ordered by a Federal, State, or local court, that restricts the ability of a person listed under subsection (a) to freely engage in interstate or foreign commerce with respect to firearm or ammunition products, or of a trade association listed under subsection (a) to freely engage in lawful activities on behalf of its membership; and ``(B) does not include any damages, equitable relief, or other limitation or condition arising from-- ``(i) breach of contract or warranty in connection with the purchase of a firearm or ammunition product; or ``(ii) physical injuries or property damage resulting directly from the failure to function or improper functioning of a firearm or ammunition product, when used as intended, due to a defect in design or manufacture. ``(6) Seller.--The term `seller in interstate or foreign commerce of a firearm or ammunition product' means a person who-- ``(A) in the course of a business conducted in interstate or foreign commerce for such purpose, sells, distributes, rents, leases, prepares, blends, packages, labels, or otherwise is involved in placing a firearm or ammunition product in the stream of commerce; or ``(B) in the course of a business conducted in interstate or foreign commerce for such purpose, installs, repairs, refurbishes, reconditions, or maintains an aspect of a firearm or ammunition product. ``(7) State.--The term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ``(8) Trade association.--The term `trade association' means any association or business organization (whether or not incorporated under the laws of any State), 2 or more members of which are manufacturers or sellers in interstate or foreign commerce of a firearm or ammunition product. ``(e) Limitation on Use of List.--No officer, agency, or instrumentality of the United States may use the list established and maintained under this section for any purpose other than the enforcement of the provisions of this section, nor shall the list be used or allowed to be used in any way that would result in the creation of any registry of firearms, firearm owners, or firearm purchasers by the United States, or by any State or any political subdivision thereof.''. | Protection of Lawful Commerce in Arms Act - Amends the Organic Act establishing the Department of Commerce to direct the Secretary of Commerce to establish and maintain a list of each person that notifies the Secretary that it is a manufacturer or seller that is: (1) licensed to engage in interstate or foreign commerce of a firearm (including antique firearm) or ammunition product; or (2) is a trade association representing such manufacturers or sellers. Declares that any lawful conduct carried out by a manufacturer or seller in interstate or foreign commerce of a firearm or ammunition product, or lawful conduct carried out by a trade association in the course of representing such manufacturers or sellers, shall not be the basis for imposing a restriction on such commerce (the award of civil damages, equitable relief, or any other specified limitation) as a result of harm caused by the criminal or other unlawful misuse of such firearm or ammunition product by any other person. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Offsets Disclosure Act of 1999''. SEC. 2. FINDINGS AND DECLARATION OF POLICY. (a) Findings.--Congress makes the following findings: (1) A fair business environment is necessary to advance international trade, economic stability, and development worldwide, is beneficial for American workers and businesses, and is in the United States national interest. (2) In some cases, mandated offset requirements can cause economic distortions in international defense trade and undermine fairness and competitiveness, and may cause particular harm to small- and medium-sized businesses. (3) The use of offsets may lead to increasing dependence on foreign suppliers for the production of United States weapons systems. (4) The offset demands required by some purchasing countries, including some close allies of the United States, equal or exceed the value of the base contract they are intended to offset, mitigating much of the potential economic benefit of the exports. (5) Offset demands often unduly distort the prices of defense contracts. (6) In some cases, United States contractors are required to provide indirect offsets which can negatively impact nondefense industrial sectors. (7) Unilateral efforts by the United States to prohibit offsets may be impractical in the current era of globalization and would severely hinder the competitiveness of the United States defense industry in the global market. (8) The development of global standards to manage and restrict demands for offsets would enhance United States efforts to mitigate the negative impact of offsets. (b) Declaration of Policy.--It is the policy of the United States to develop a system for monitoring the use of offsets in international defense trade, to promote fairness in such trade, and to ensure that foreign participation in the production of United States weapons systems does not harm the economy of the United States. SEC. 3. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the executive branch should pursue efforts to address trade fairness by establishing reasonable, business-friendly standards for the use of offsets in international business transactions between the United States and its trading partners and competitors; (2) the Secretary of State, the Secretary of Commerce, and the United States Trade Representative, or their designees, should raise with other industrialized nations at every suitable venue the need for transparency and reasonable standards to govern the role of offsets in international defense trade; and (3) the United States Government should enter into discussions regarding the establishment of multilateral standards for the use of offsets in international defense trade through the appropriate multilateral fora, including such organizations as the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization. SEC. 4. DEFINITIONS. In this title: (1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Relations of the Senate; and (B) the Committee on International Relations of the House of Representatives. (2) G-8.--The term ``G-8'' means the group consisting of France, Germany, Japan, the United Kingdom, the United States, Canada, Italy, and Russia established to facilitate economic cooperation among the eight major economic powers. (3) Offset.--The term ``offset'' means the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services, including benefits such as coproduction, licensed production, subcontracting, technology transfer, in- country procurement, marketing and financial assistance, and joint ventures. (4) Transatlantic economic partnership.--The term ``Transatlantic Economic Partnership'' means the joint commitment made by the United States and the European Union to reinforce their close relationship through an initiative involving the intensification and extension of multilateral and bilateral cooperation and common actions in the areas of trade and investment. (5) Wassenaar arrangement.--The term ``Wassenaar Arrangement'' means the multilateral export control regime in which the United States participates that seeks to promote transparency and responsibility with regard to transfers of conventional armaments and sensitive dual-use items. (6) World trade organization.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement. (7) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994. SEC. 5. REPORTING OF OFFSET AGREEMENTS. (a) Initial Reporting of Offset Agreements.-- (1) Government-to-government sales.--Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended in the fourth sentence, by striking ``(if known on the date of transmittal of such certification)'' and inserting ``and a description of any offset agreement, including the dollar amount of the agreement''. (2) Commercial sales.--Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended in the second sentence, by striking ``(if known on the date of transmittal of such certification)'' and inserting ``and a description of any offset agreement, including the dollar amount of the agreement''. (b) Report on Offset Obligations.--Not later than January 1, 2000, and annually thereafter, the President shall submit a report to Congress identifying all contracts or agreements entered into in order to fulfill any offset obligations made in conjunction with transactions reported in section 36 (b) or (c) of the Arms Export Control Act. The report shall contain all the information required in section 36 (b) and (c) of the Arms Export Control Act, as well as any additional information that may not have been available at the time of the initial notification. SEC. 6. EXPANDED PROHIBITION ON INCENTIVE PAYMENTS. (a) In General.--Section 39A(a) of the Arms Export Control Act (22 U.S.C. 2779a(a)) is amended-- (1) by inserting ``or licensed'' after ``sold''; and (2) by inserting ``or export'' after ``sale''. (b) Definition of United States Person.--Section 39A(d)(3)(B)(ii) of the Arms Export Control Act (22 U.S.C. 2779a(d)(3)(B)(ii)) is amended by inserting ``or by an entity described in clause (i)'' after ``subparagraph (A)''. SEC. 7. ESTABLISHMENT OF REVIEW COMMISSION. (a) In General.--There is established a National Commission on the Use of Offsets in Defense Trade (in this section referred to as the ``Commission'') to address all aspects of the use of offsets in international defense trade. (b) Commission Membership.--Not later than 60 days after the date of enactment of this Act, the President, with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker and Minority Leader of the House of Representatives, shall appoint 10 people to serve as members of the Commission. Commission membership shall include-- (1) representatives from the private sector, including-- (A) one each from-- (i) a labor organization, (ii) a United States defense manufacturing company dependent on foreign sales, (iii) a United States company dependent on foreign sales that is not a defense manufacturer, and (iv) a United States company that specializes in international investment, and (B) two members from academia with widely recognized expertise in international economics; and (2) four members from the executive branch, including a member from-- (A) the Office of Management and Budget, (B) the Department of Commerce, (C) the Department of Defense, and (D) the Department of State. The member designated from the Office of Management and Budget shall serve as Chairperson of the Commission. The President shall ensure that the Commission is nonpartisan and that the full range of perspectives on the subject of offsets in the defense industry is adequately represented. (c) Duties.--The Commission shall be responsible for reviewing and reporting on-- (1) the full range of current practices by foreign governments requiring offsets in purchasing agreements and the extent and nature of offsets offered by United States and foreign defense industry contractors; (2) the impact of the use of offsets on defense subcontractors and nondefense industrial sectors affected by indirect offsets; and (3) the role of offsets, both direct and indirect, on domestic industry stability, United States trade competitiveness and national security. (d) Commission Report.--Not later than 12 months after the Commission is established, the Commission shall submit a report to the appropriate congressional committees. In addition to the items described under subsection (c), the report shall include-- (1) an analysis of-- (A) the collateral impact of offsets on industry sectors that may be different than those of the contractor providing the offsets, including estimates of contracts and jobs lost as well as an assessment of damage to industrial sectors; (B) the role of offsets with respect to competitiveness of the United States defense industry in international trade and the potential damage to the ability of United States contractors to compete if offsets were prohibited or limited; and (C) the impact on United States national security, and upon United States nonproliferation objectives, of the use of coproduction, subcontracting, and technology transfer with foreign governments or companies that result from fulfilling offset requirements with particular emphasis on the question of dependency upon foreign nations for the supply of critical components or technology; (2) proposals for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental effects of offsets; and (3) an identification of the appropriate executive branch agencies to be responsible for monitoring the use of offsets in international defense trade. (e) Period of Appointment; Vacancies.--Members shall be appointed for the life of the Commission. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (f) 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. (g) Meetings.--The Commission shall meet at the call of the Chairman. (h) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (2) Travel expenses.--The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (3) Staff.-- (A) In general.--The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (B) Compensation.--The Chairman of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services.-- The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (i) Termination.--The Commission shall terminate 30 days after the transmission of the report from the President as mandated in section 8(b). SEC. 8. MULTILATERAL STRATEGY TO ADDRESS OFFSETS. (a) In General.--The President shall initiate a review to determine the feasibility of establishing, and the most effective means of negotiating, a multilateral treaty on standards for the use of offsets in international defense trade, with a goal of limiting all offset transactions that are considered injurious to the economy of the United States. (b) Report Required.--Not later than 90 days after the date on which the Commission submits the report required under section 7(d), the President shall submit to the appropriate congressional committees a report containing the President's determination pursuant to subsection (a), and, if the President determines a multilateral treaty is feasible or desirable, a strategy for United States negotiation of such a treaty. One year after the date the report is submitted under the preceding sentence, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report detailing the progress toward reaching such a treaty. (c) Required Information.--The report required by subsection (b) shall include-- (1) a description of the United States efforts to pursue multilateral negotiations on standards for the use of offsets in international defense trade; (2) an evaluation of existing multilateral fora as appropriate venues for establishing such negotiations; (3) a description on a country-by-country basis of any United States efforts to engage in negotiations to establish bilateral treaties or agreements with respect to the use of offsets in international defense trade; and (4) an evaluation on a country-by-country basis of any foreign government efforts to address the use of offsets in international defense trade. (d) Comptroller General Review.--The Comptroller General of the United States shall monitor and periodically report to Congress on the progress in reaching a multilateral treaty. | Defense Offsets Disclosure Act of 1999 - Declares that U.S. policy is to develop a workable system to monitor the use of offsets in the defense industry (the entire range of industrial and commercial benefits provided to foreign governments as an inducement or condition to purchase military goods or services), to promote fairness in international trade, and to ensure an appropriate level of foreign participation in production of U.S. weapons systems. Expresses the sense of Congress that: (1) the executive branch should pursue efforts to address trade fairness by establishing transparent standards for the use of offsets in international business transactions among U.S. trading partners and competitors; (2) the Secretary of State, the Secretary of Commerce, and the United States Trade Representative should raise the need for transparency and other standards bilaterally with other industrialized nations at every venue; and (3) the U.S. Government should enter into discussions for the establishment of multilateral standards for the control of the use of offsets in international defense trade through the appropriate multilateral fora, including the Transatlantic Economic Partnership, the Wassenaar Arrangement, the G-8, and the World Trade Organization. Amends the Arms Export Control Act to require certain numbered certifications to Congress with respect to any letter of offer to sell (Government-to-Government sale), or license for export (commercial sale), major defense equipment in the amount of $14 million or more, or defense articles or services in the amount of $50 million or more. Requires each numbered certification to include a description of any offset agreement, including its dollar amount. Directs the President to report to Congress on all measures taken to fulfill offset obligations under such agreements. Extends to exports of defense articles or services the current prohibition against incentive payments by U.S. suppliers to satisfy any offset agreement with a foreign country to which such articles or services are sold. Directs the President to initiate a feasibility review, then report to the appropriate congressional committees on a strategy for U.S. negotiations of multilateral agreements with designated foreign countries that provide standards for the use of offsets with respect to the sale or licensing of defense articles or services, including a timetable for entering into such multilateral agreements, and any progress toward reaching an agreement. Establishes a National Commission on the Use of Offsets in Defense Trade to address all aspects of the use of offsets in international defense trade. Requires the Commission to report to the appropriate congressional committees with respect to such offset agreements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Drug Kingpins Bankruptcy Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) It should be the policy of the United States to impose economic and financial sanctions on foreign international narcotics traffickers and their organizations. (2) Presidential Decision Directive 42, issued on October 21, 1995, ordered agencies of the executive branch of the United States Government to, inter alia, increase the priority and resources devoted to the direct and immediate threat international crime presents to national security, work more closely with other governments to develop a global response to this threat, and use aggressively and creatively all legal means available to combat international crime. (3) Executive Order No. 12978 of October 21, 1995, exercised the authorities of the International Emergency Economic Powers Act (IEEPA) to effectively target and sanction four ``Specifically Designated Narcotics Traffickers'' and their organizations which operate from Colombia. (4) Similar sanctions should be applied to additional international foreign narcotics traffickers operating worldwide. SEC. 3. PURPOSE. The purpose of this Act is to provide for the use of authorities in the International Emergency Economic Powers Act to sanction additional specially designated narcotics traffickers operating worldwide. SEC. 4. DESIGNATION OF CERTAIN FOREIGN INTERNATIONAL NARCOTICS TRAFFICKERS. (a) Preparation of List of Names.--Not later than January 1, 2000, and not later than January 1 of each year thereafter, the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, shall submit to the Director of National Drug Control Policy a list of those individuals who play a significant role in international narcotics trafficking as of the date the list is submitted. (b) Review by Director of National Drug Control Policy.--Not later than February 1, 2000, and not later than February 1 of each year thereafter, the Director of National Drug Control Policy shall transmit to the President the list submitted that year to the Director under subsection (a) to the President, together with his recommendations for the inclusion in, or exclusion from, the list of specific individuals. (c) Exclusion of Certain Persons From List.--Notwithstanding any other provision of this section, neither the list described in subsections (a) and (b) nor the accompanying recommendations of the Director of National Drug Control Policy under subsection (b) shall include the name of any individual if the Director of Central Intelligence determines that the disclosure of that person's role in international narcotics trafficking could compromise United States intelligence sources or methods. The Director of Central Intelligence shall advise the President when a determination is made to withhold an individual's identity under this subsection. (d) Designation of Individuals as Threats to the United States.-- The President shall determine not later than March 1 of each year whether or not to designate persons on the list transmitted to the President that year as persons constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. The President shall notify the Secretary of the Treasury of any person designated under this subsection. If the President determines not to designate any person on such list as such a threat, the President shall submit a report to Congress setting forth the reasons therefor. (e) Changes in Designations of Individuals.-- (1) Additional individuals designated.--If at any time after March 1 of a year, but prior to January 1 of the following year, the President determines that a person is playing a significant role in international narcotics trafficking and has not been designated under subsection (d) as a person constituting an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the President may so designate the person. The President shall notify the Secretary of the Treasury of any person designated under this paragraph. (2) Removal of designations of individuals.--Whenever the President determines that a person designated under subsection (d) or paragraph (1) of this subsection no longer poses an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the person shall no longer be considered as designated under that subsection. (f) References.--Any person designated under subsection (d) or (e) may be referred to in this Act as a ``specially designated narcotics trafficker''. SEC. 5. BLOCKING ASSETS. (a) Finding.--Congress finds that a national emergency exists with respect to any individual who is a specially designated narcotics trafficker. (b) Blocking of Assets.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)) and in regulations, orders, directives, or licenses that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the date of designation of a person as a specially designated narcotics trafficker, there are hereby blocked all property and interests in property that are, or after that date, come within the United States, or that are, or after that date come, within the possession or control of any United States person, of-- (1) any specially designated narcotics trafficker; (2) any person who materially assists in, provides financial or technological support for, or provides goods or services in support of, the narcotics trafficking activities of a specially designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, to be owned or controlled by, or to act for or on behalf of, a specially designated narcotics trafficker. (c) Prohibited Acts.--Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act or in any regulation, order, directive, or license that may be issued pursuant to this Act, and notwithstanding any contract entered into or any license or permit granted prior to the date of designation of a person as a specially designated narcotics trafficker, the following acts are prohibited: (1) Any transaction or dealing by a United States person, or within the United States, in property or interests in property of any specially designated narcotics trafficker. (2) Any transaction or dealing by a United States person, or within the United States, that evades or avoids, has the purpose of evading or avoiding, or attempts to violate, subsection (b). (d) Law Enforcement and Intelligence Activities Not Affected.-- Nothing in this section is intended to prohibit or otherwise limit the authorized law enforcement or intelligence activities of the United States, or the law enforcement activities of any State or subdivision thereof. (e) Implementation.--The Secretary of the Treasury, in consultation with the Attorney General, Director of Central Intelligence, Secretary of Defense, and Secretary of State, is authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by the International Emergency Economic Powers Act as may be necessary to carry out this section. The Secretary of the Treasury may redelegate any of these functions to any other officer or agency of the United States Government. Each agency of the United States shall take all appropriate measures within its authority to carry out this section. (f) Enforcement.--Violations of licenses, orders, or regulations under this Act shall be subject to the same civil or criminal penalties as are provided by section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) for violations of licenses, orders, and regulations under that Act. (g) Definitions.--In this section: (1) Entity.--The term ``entity'' means a partnership, association, corporation, or other organization, group, or subgroup. (2) Narcotics trafficking.--The term ``narcotics trafficking'' means any activity undertaken illicitly to cultivate, produce, manufacture, distribute, sell, finance, or transport, or otherwise assist, abet, conspire, or collude with others in illicit activities relating to, narcotic drugs, including, but not limited to, heroin, methamphetamine and cocaine. (3) Person.--The term ``person'' means an individual or entity. (4) United states person.--The term ``United States person'' means any United States citizen or national, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. SEC. 6. INITIAL LISTING OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS. (a) Initial Designation.--For the purposes of this Act, and without regard to sections 4 and 5, the President shall, not later than 30 days after the date of the enactment of this Act, designate as specially designated narcotics traffickers for purposes of this Act those persons listed in subsection (b) who have been indicted in the United States on narcotics trafficking charges, and whose extradition has been requested by, or for whom a provisional arrest warrant has been issued by, United States Government officials. (b) List.--The persons referred to in subsection (a) are the following: (1) Wei Hsueh-Kang, also known as Prasit Chiwinitparya, and Charchai Chiwinnitipanya, born on June 29, 1952, a resident of Myanmar. (2) Khun Sa, also known as Chang Chi-Fu, born on February 17, 1933, a resident of Myanmar. (3) Jose de Jesus Amezcua-Contreras, a citizen of Mexico, born on July 31, 1963. (4) Luis Ignacio Amezcua-Contreras, a citizen of Mexico, born on February 22, 1964. (5) Ramon Arellano-Felix, a citizen of Mexico, born on August 31, 1964. (6) Rafael Caro-Quintero, a citizen of Mexico, born on October 24, 1952. (7) Vicente Carrillo-Fuentes, a citizen of Mexico, born on October 16, 1962. (8) Oscar Malherbe De Leon, a citizen of Mexico, born on January 10, 1964. (9) Arturo Paez-Martinez, a citizen of Mexico, born on August 31, 1967. (10) Charles Miller, also known as Eustace O'Connor, a citizen of St. Kitts, born on March 29, 1960. (11) Lorquet Saint-Hilaire, a citizen of Haiti, born on March 23, 1969. (12) Jhon Raul Castro, a citizen of Colombia, born on September 5, 1963. SEC. 7. DENIAL OF VISAS TO AND INADMISSIBILITY OF SPECIALLY DESIGNATED NARCOTICS TRAFFICKERS. (a) Prohibition.--The Secretary of State shall deny a visa to, and the Attorney General may not admit to the United States-- (1) any specially designated narcotics trafficker; or (2) any alien who the consular officer or the Attorney General knows or has reason to believe-- (A) is a spouse or minor child of a specially designated narcotics trafficker; or (B) is a person described in paragraph (2) or (3) of section 5(b). (b) Exceptions.--Subsection (a) shall not apply-- (1) where the Secretary of State finds, on a case-by-case basis, that the entry into the United States of the person is necessary for medical reasons; (2) upon the request of the Attorney General, Director of Central Intelligence, Secretary of the Treasury, or the Secretary of Defense; or (3) for purposes of the prosecution of a specially designated narcotics trafficker. | Declares that Congress finds that a national emergency exists with respect to any individual who is designated a narcotics trafficker. Provides for the blocking (freeze) of assets that come within the possession or control of the United States, and are assets of: (1) any designated narcotics trafficker; (2) any person who materially assists in the narcotics trafficking activities of a designated narcotics trafficker; and (3) any person determined by the Secretary of the Treasury to be owned or controlled by, or to act for or on behalf of, a designated narcotics trafficker. Sets forth specified prohibited acts, including any transaction or dealing by a U.S. person (or within the United States): (1) in property or interests in property of a designated narcotics trafficker; and (2) that evades or attempts to violate the requirements of this Act. Authorizes the Secretary of the Treasury to take such actions (including the promulgation of rules and regulations) and to employ all powers granted to the President by the International Emergency Economic Powers Act to carry out this Act. Directs the President to designate as specially designated narcotic traffickers certain named persons who have been indicted in the United States on narcotics trafficking charges and whose extradition has been requested by U.S. Government officials. Directs the Secretary of State to deny a visa to, and the Attorney General not to admit to the United States, any: (1) designated narcotics trafficker; or (2) alien who the consular officer or the Attorney General knows or has reason to believe is a spouse or minor child of such trafficker, or is a person who materially assists, or is owned or controlled by, a designated narcotics trafficker. Sets forth specified exceptions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuel Vehicle Development Act''. SEC. 2. ALTERNATIVE FUEL VEHICLES. (a) Maximum Fuel Economy Increase for Alternative Fuel Automobiles.--Section 32906(a) of title 49, United States Code, is amended by striking ``(except an electric automobile)'' and inserting ``(except an electric automobile or, beginning with model year 2016, an alternative fueled automobile that does not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1))''. (b) Minimum Driving Ranges for Dual Fueled Passenger Automobiles.-- Section 32901(c)(2) of title 49, United States Code, is amended-- (1) in subparagraph (B), by inserting ``, except that beginning with model year 2016, alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1) shall have a minimum driving range of 150 miles'' after ``at least 200 miles''; and (2) in subparagraph (C), by adding at the end the following: ``Beginning with model year 2016, if the Secretary prescribes a minimum driving range of 150 miles for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of subsection (a)(1), subparagraph (A) shall not apply to dual fueled automobiles (except electric automobiles).''. (c) Manufacturing Provision for Alternative Fuel Automobiles.-- Section 32905(d) of title 49, United States Code, is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking ``For any model'' and inserting the following: ``(1) Model years 1993 through 2015.--For any model''; (3) in paragraph (1), as redesignated, by striking ``2019'' and inserting ``2015''; and (4) by adding at the end the following: ``(2) Model years after 2015.--For any model of gaseous fuel dual fueled automobile manufactured by a manufacturer after model year 2015, the Administrator shall calculate fuel economy as a weighted harmonic average of the fuel economy on gaseous fuel as measured under subsection (c) and the fuel economy on gasoline or diesel fuel as measured under section 32904(c). The Administrator shall apply the utility factors set forth in the table under section 600.510-12(c)(2)(vii)(A) of title 40, Code of Federal Regulations. ``(3) Model years after 2016.--Beginning with model year 2017, the manufacturer may elect to utilize the utility factors set forth under subsection (e)(1) for the purposes of calculating fuel economy under paragraph (2).''. (d) Electric Dual Fueled Automobiles.--Section 32905 of title 49, United States Code, is amended-- (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following: ``(e) Electric Dual Fueled Automobiles.-- ``(1) In general.--At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of-- ``(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(c); and ``(B) the percentage utilization of the model on electricity, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(a)(2). ``(2) Alternative utilization.--The Administrator may adapt the utility factor established under paragraph (1) for alternative fueled automobiles that do not use a fuel described in subparagraph (A), (B), (C), or (D) of section 32901(a)(1). ``(3) Alternative calculation.--If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).''. (e) Conforming Amendment.--Section 32906(b) of title 49, United States Code, is amended by striking ``section 32905(e)'' and inserting ``section 32905(f)''. SEC. 3. HIGH OCCUPANCY VEHICLE FACILITIES. Section 166 of title 23, United States Code, is amended-- (1) in subparagraph (b)(5), by striking subparagraph (A) and inserting the following: ``(A) Inherently low-emission vehicles.--If a State agency establishes procedures for enforcing the restrictions on the use of a HOV facility by vehicles listed in clauses (i) and (ii), the State agency may allow the use of the HOV facility by-- ``(i) alternative fuel vehicles; and ``(ii) new qualified plug-in electric drive motor vehicles (as defined in section 30D(d)(1) of the Internal Revenue Code of 1986).''; and (2) in subparagraph (f)(1), by inserting ``solely'' before ``operating''. SEC. 4. STUDY. Not later than 180 days after the date of the enactment of this Act, the Secretary of Energy, after consultation with the Secretary of Transportation, shall submit a report to Congress that-- (1) describes options to incentivize the development of public compressed natural gas fueling stations; and (2) analyzes a variety of possible financing tools, which could include-- (A) Federal grants and credit assistance; (B) public-private partnerships; and (C) membership-based cooperatives. | Alternative Fuel Vehicle Development Act - Creates incentives for the manufacture of dual-fueled automobiles that use alternative fuels other than methanol, denatured ethanol, and other alcohols (non-alcohol, dual-fueled automobiles). Removes the cap on credits under the Corporate Average Fuel Economy (CAFE) program for non-alcohol, dual-fueled automobiles. (The cap on CAFE credits limits the total increase of a manufacturer's average fuel economy attributable to dual-fueled automobiles.) Reduces the minimum driving range for non-alcohol, dual-fueled automobiles. Disallows any petition to lower the driving range below 150 miles for those automobiles. Revises the formula the Administrator of the Environmental Protection Agency (EPA) uses to calculate fuel economy for dual-fueled automobiles operating with gaseous fuel, such as natural gas or hydrogen. Requires the EPA to apply utility factors based on the driving range for such automobiles. Allows the EPA to use a different methodology to calculate the fuel economy for dual-fueled, electric automobiles. Makes permanent the state's authority to exempt alternative fuel vehicles from high occupancy vehicle (HOV) lane restrictions. Makes eligible only those alternative fuel vehicles operating solely on alternative fuel, including electric vehicles. Requires the Secretary of Energy (DOE) to report on incentives and financing tools to develop public compressed natural gas fueling stations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Nursing and Patient Care Act of 2001''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Federal Government has a substantial interest in assuring that delivery of health care services to patients in health care facilities is adequate and safe. (2) Research, including a recent study by the Harvard School of Public Health, documents that higher nurse staffing levels result in better patient outcomes, yet health care providers report substantial difficulties in recruiting and retaining sufficient nursing staff, as evidenced by the approximately 500,000 licensed nurses who are not practicing nursing. (3) While job dissatisfaction and overtime work are contributing to the departure of nurses from their profession, as highlighted by a recent report of the Comptroller General of the United States, health care providers continue to make use of mandatory overtime as a staffing method. (4) The widespread practice of requiring nurses to work extended shifts and forego days off causes nurses to frequently provide care in a state of fatigue, contributing to medical errors and other consequences that compromise patient safety. (5) Limitations on mandatory overtime will ensure that health care facilities throughout the country operate in a manner that safeguards public safety and guarantees the delivery of quality health care services and facilitates the retention and recruitment of nurses. SEC. 3. LIMITATIONS ON MANDATORY OVERTIME FOR NURSES. (a) Provider Agreements.--Section 1866 of the Social Security Act (42 U.S.C. 1395cc) is amended-- (1) in subsection (a)(1)-- (A) in subparagraph (R), by striking ``and'' at the end; (B) in subparagraph (S), by striking the period and inserting ``, and''; and (C) by inserting after subparagraph (S), the following: ``(T) to comply with the requirements of subsection (j) (relating to limitations on mandatory overtime for nurses).''; and (2) by adding at the end the following new subsection: ``(j) Limitations on Mandatory Overtime for Nurses.--For purposes of subsection (a)(1)(T), the requirements of this subsection are the following: ``(1) Prohibition on mandatory overtime.--Except as provided in this subsection, a provider of services shall not, directly or indirectly, require a nurse to work in excess of any of the following: ``(A) The scheduled work shift or duty period of the nurse. ``(B) 12 hours in a 24-hour period. ``(C) 80 hours in a consecutive 14-day period. ``(2) Exceptions.-- ``(A) In general.--Subject to subparagraph (B), the requirements of paragraph (1) shall not apply to a provider of services during a declared state of emergency if the provider is requested, or otherwise is expected, to provide an exceptional level of emergency or other medical services to the community. ``(B) Limitations.--With respect to a provider of services to which subparagraph (A) applies, a nurse may only be required to work for periods in excess of the periods described in paragraph (1) if-- ``(i) the provider has made reasonable efforts to fill the immediate staffing needs of the provider through alternative means; and ``(ii) the duration of the work requirement does not extend past the earlier of-- ``(I) the date on which the declared state of emergency ends; or ``(II) the date on which the provider's direct role in responding to the medical needs resulting from the declared state of emergency ends. ``(3) Report of violations.-- ``(A) Right to report.-- ``(i) In general.--A nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection. ``(ii) Procedure.--The Secretary shall establish a procedure under which a nurse may file a complaint under clause (i). ``(B) Investigation of complaint.--The Secretary shall investigate complaints of violations filed by a nurse under subparagraph (A). ``(C) Actions.--If the Secretary determines that a provider of services has violated the provisions of this subsection, the Secretary shall require the provider to establish a plan of action to eliminate the occurrence of such violation, and may seek civil money penalties under paragraph (7). ``(4) Nurse nondiscrimination protections.-- ``(A) In general.--A provider of services shall not penalize, discriminate, or retaliate in any manner with respect to any aspect of employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment against a nurse who refuses to work mandatory overtime or who in good faith, individually or in conjunction with another person or persons-- ``(i) reports a violation or suspected violation of this subsection to a public regulatory agency, a private accreditation body, or the management personnel of the provider of services; ``(ii) initiates, cooperates, or otherwise participates in an investigation or proceeding brought by a regulatory agency or private accreditation body concerning matters covered by this subsection; or ``(iii) informs or discusses with other employees, with representatives of those employees, or with representatives of associations of health care professionals, violations or suspected violations of this subsection. ``(B) Retaliatory reporting.--A provider of services may not file a complaint or a report against a nurse with the appropriate State professional disciplinary agency because the nurse refused to comply with a request to work mandatory overtime. ``(C) Good faith.--For purposes of this paragraph, a nurse is deemed to be acting in good faith if the nurse reasonably believes-- ``(i) that the information reported or disclosed is true; and ``(ii) that a violation has occurred or may occur. ``(5) Notice.-- ``(A) Requirement to post notice.--Each provider of services shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying rights of nurses under this section. ``(B) Right to file complaint.--Such sign shall include a statement that a nurse may file a complaint with the Secretary against a provider of services who violates the provisions of this subsection and information with respect to the manner of filing such a complaint. ``(6) Posting of nurse schedules.--A provider of services shall regularly post in a conspicuous manner the nurse schedules (for such periods of time that the Secretary determines appropriate by type or class of provider of services) for the department or unit involved, and shall make available upon request to nurses assigned to the department or unit the daily nurse schedule for such department or unit. ``(7) Civil money penalty.-- ``(A) In general.--The Secretary may impose a civil money penalty of not more than $10,000 for each knowing violation of the provisions of this subsection committed by a provider of services. ``(B) Patterns of violations.--Notwithstanding subparagraph (A), the Secretary shall provide for the imposition of more severe civil money penalties under this paragraph for providers of services that establish patterns of repeated violations of such provisions. ``(C) Administration of penalties.--The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a). The Secretary shall publish on the Internet site of the Department of Health and Human Services the names of providers of services against which civil money penalties have been imposed under this paragraph, the violation for which the penalty was imposed, and such additional information as the Secretary determines appropriate. With respect to a provider of services that has had a change in ownership, as determined by the Secretary, penalties imposed on the provider of services while under previous ownership shall no longer be published by the Secretary on such Internet site after the 1-year period beginning on the date of change in ownership. ``(8) Rule of construction.--Nothing in this subsection shall be construed as precluding a nurse from voluntarily working more than any of the periods of time described in paragraph (1) so long as such work is done consistent with professional standards of safe patient care. ``(9) Definitions.--In this subsection: ``(A) Mandatory overtime.--The term `mandatory overtime' means hours worked in excess of the periods of time described in paragraph (1), except as provided in paragraph (2), pursuant to any request made by a provider of services to a nurse which, if refused or declined by the nurse involved, may result in an adverse employment consequence to the nurse, including discharge, discipline, loss of promotion, or retaliatory reporting of the nurse to the State professional disciplinary agency involved. ``(B) Overtime.--The term `overtime' means time worked in excess of the periods of time described in paragraph (1). ``(C) Nurse.--The term `nurse' means a registered nurse or a licensed practical nurse. ``(D) Provider of services.--The term `provider of services' means-- ``(i) a hospital, ``(ii) a hospital outpatient department, ``(iii) a critical access hospital, ``(iv) an ambulatory surgical center, ``(v) a home health agency, ``(vi) a rehabilitation agency, ``(vii) a clinic, including a rural health clinic, or ``(viii) a Federally qualified health center. ``(E) Declared state of emergency.--The term `declared state of emergency' means an officially designated state of emergency that has been declared by the Federal Government or the head of the appropriate State or local governmental agency having authority to declare that the State, county, municipality, or locality is in a state of emergency, but does not include a state of emergency that results from a labor dispute in the health care industry or consistent understaffing. ``(F) Standards of safe patient care.--The term `standards of safe patient care' means the recognized professional standards governing the profession of the nurse involved.''. (b) Effective Date.--The amendments made by this section shall take effect 1 year after the date of enactment of this Act. SEC. 4. REPORTS. (a) Standards on Safe Working Hours for Nurses.-- (1) Study.--The Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall conduct a study to establish appropriate standards for the maximum number of hours that a nurse, who furnishes health care to patients, may work without compromising the safety of such patients. Such standards may vary by provider of service and by department within a provider of services, by duties or functions carried out by nurses, by shift, and by other factors that the Director determines appropriate. The Director may contract with an eligible entity or organization to carry out the study under this paragraph. (2) Report.--Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under paragraph (1), and shall include recommendations for such appropriate standards of maximum work hours. (b) Report on Mandatory Overtime in Federally Operated Medical Facilities.-- (1) Study.-- (A) In general.--The Director of the Office of Management and Budget shall conduct a study to determine the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the provisions of section 1866(j) of the Social Security Act, as added by section 3. (B) Federally operated medical facilities defined.--In this subsection, the term ``federally operated medical facilities'' means acute care hospitals, freestanding clinics, and home health care clinics that are operated by the Department of Veterans Affairs, the Department of Defense, or any other department or agency of the United States. (2) Report.--Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to Congress a report on the study conducted under paragraph (1) and shall include recommendations for the implementation of policies within federally operated medical facilities with respect to overtime requirements for nurses that are consistent with such section 1866(j), as so added. | Safe Nursing and Patient Care Act of 2001 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to place limitations on the mandatory overtime hours a nurse may be required to work in certain providers of services. |
SECTION 1. ESTABLISHMENT OF COMMISSION ON CRIME AND VIOLENCE. (a) Establishment.--There is established a commission to be known as the ``National Commission on Crime and Violence in America'' (referred to as the ``Commission''). (b) Membership.-- (1) In general.--The Commission shall be composed of 22 members, of whom-- (A) 6 shall be appointed by the President; (B) 8 shall be appointed by the Speaker of the House of Representatives, of whom 2 shall be appointed on the recommendation of the minority leader; and (C) 8 shall be appointed by the President pro tempore of the Senate, of whom 6 shall be appointed on the recommendation of the majority leader and 2 shall be appointed on the recommendation of the minority leader. (2) Goals in making appointments.--In appointing members of the Commission, the President, Speaker, President pro tempore, and the majority and minority leaders shall seek to ensure that-- (A) the membership of the Commission reflects the racial, ethnic, and gender diversity of the United States; and (B) members are specially qualified to serve on the Commission by reason of their education, training, expertise, or experience in-- (i) sociology; (ii) psychology; (iii) law; (iv) law enforcement; (v) social work; and (vi) ethnography and urban poverty, including health care, housing, education, and employment. (3) Deadline.--Members of the Commission shall be appointed within 60 days after the date of enactment of this Act. (4) Term.--Members shall serve on the Commission through the date of its termination under section 7. (5) Meetings.--The Commission-- (A) shall have its headquarters in the District of Columbia; and (B) shall meet at least once each month for a business session. (6) Quorum.--Twelve members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (7) Chairperson and vice chairperson.--Not later than 15 days after the members of the Commission are appointed, the members shall designate a Chairperson and Vice Chairperson of the Commission. (8) Vacancies.--A vacancy in the Commission shall be filled not later than 30 days after the Commission is informed of the vacancy in the manner in which the original appointment was made. (9) Compensation.-- (A) No pay, allowance, or benefit.--Members of the Commission shall receive no pay, allowances, or benefits by reason of their service on the Commission. (B) Travel expenses.--A 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. SEC. 2. DUTIES. The Commission shall-- (1) review the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence; (2) examine the impact that changes to Federal and State law have had in controlling crime and violence; (3) examine the impact of changes in Federal immigration laws and policies and increased development and growth along United States international borders on crime and violence in the United States, particularly among our Nation's youth; (4) examine the problem of youth gangs and provide recommendations on how to reduce youth involvement in violent crime; (5) examine the extent to which assault weapons and high power firearms have contributed to violence and murder in the United States; (6) convene hearings in various parts of the country to receive testimony from a cross section of criminal justice professionals, business leaders, elected officials, medical doctors, and other citizens that wish to participate; (7) review all segments of the criminal justice system, including the law enforcement, prosecution, defense, judicial, corrections components, in developing the crime control and antiviolence plan; (8) develop a comprehensive and effective crime control and antiviolence plan that will serve as a blueprint for action in the 1990's; (9) bring attention to successful models and programs in crime prevention, crime control, and antiviolence; (10) reach out beyond the traditional criminal justice community for ideas when developing the comprehensive crime control and antiviolence plan; (11) recommend improvements in the coordination of Federal, State, local, and international border crime control efforts; (12) make a comprehensive study of the economic and social factors leading to or contributing to crime and violence and specific proposals for legislative and administrative actions to reduce crime and violence and the elements that contribute to crime and violence; and (13) recommend means of allocating finite correctional facility space and resources to the most serious and violent offenders, with the goal of achieving the most cost-effective crime control and protection of the community and public safety, after-- (A) examining the issue of disproportionate incarceration rates among black males and any other minority group disproportionately represented in Federal and State correctional populations; and (B) considering increased use of alternatives to incarceration that offer a reasonable prospect of equal or better crime control at equal or less cost than incarceration. SEC. 4. STAFF AND SUPPORT SERVICES. (a) Director.-- (1) Appointment.--After consultation with the members of the Commission, the Chairperson shall appoint a director of the Commission (referred to as the ``Director''). (2) Compensation.--The Director shall be paid the rate of basic pay for level V of the Executive Schedule. (b) Staff.--With the approval of the Commission, the Director may appoint such personnel as the Director considers to be appropriate. (c) Civil Service Laws.--The staff of the Commission shall be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and shall 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. (d) Experts and Consultants.--With the approval of the Commission, the Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (e) Staff of Federal Agencies.--Upon the request of the Commission, the head of any Federal agency may detail, on a reimbursable basis, personnel of that agency to the Commission to assist in carrying out its duties. (f) Physical Facilities.--The Administrator of the General Services Administration shall provide suitable office space for the operation of the Commission. The facilities shall serve as the headquarters of the Commission and shall include all necessary equipment and incidentals required for proper functioning. SEC. 5. POWERS. (a) Hearings.--The Commission may conduct public hearings or forums at its discretion, at any time and place it is able to secure facilities and witnesses, for the purpose of carrying out its duties. (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.--The Commission may secure from any Federal agency or entity in the executive or legislative branch such materials, resources, statistical data, and other information as is necessary to enable it to carry out this Act. Upon request of the Chairperson or Vice Chairperson of the Commission, the head of a Federal agency or entity shall furnish the information to the Commission to the extent permitted by law. (d) Gifts, Bequests, and Devises.--The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the Commission. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. SEC. 6. REPORTS. (a) Monthly Reports.--The Commission shall submit monthly activity reports to the President and the Congress. (b) Interim Report.--Not later than 1 year before the date of its termination, the Commission shall submit an interim report to the President and the Congress containing-- (1) a detailed statement of the findings and conclusions of the Commission; (2) recommendations for legislative and administrative action based on the Commission's activities to date; (3) an estimation of the costs of implementing the recommendations made by the Commission; and (3) a strategy for disseminating the report to Federal, State, and local authorities. (c) Final Report.--Not later than the date of its termination, the Commission shall submit to the Congress and the President a final report with a detailed statement of final findings, conclusions, recommendations, and estimation of costs and an assessment of the extent to which recommendations included in the interim report under subsection (b) have been implemented. (d) Printing and Public Distribution.--Upon receipt of each report of the Commission under this section, the President shall-- (1) order the report to be printed; and (2) make the report available to the public. SEC. 7. TERMINATION. The Commission shall terminate on the date that is 2 years after the date on which members of the Commission have met and designated a Chairperson and Vice Chairperson. | Establishes a National Commission on Crime and Violence in America. Includes among the duties of the Commission to: (1) review the effectiveness of traditional criminal justice approaches in preventing and controlling crime and violence; (2) convene hearings in various parts of the country; (3) develop a comprehensive and effective crime control and antiviolence plan that will serve as a blueprint for action in the 1990's and which reaches out beyond the traditional criminal justice community for ideas; and (4) study the economic and social factors leading to or contributing to, and specific proposals for legislative and administrative actions to reduce, crime and violence. |
SECTION 1. SHORT TITLE. (a) Short Title.--This Act may be cited as the ``Consumer Automobile Lease Advertising Act of 1998''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Consumer Credit Protection Act. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) There has been a continuing trend toward leasing of automobiles by consumers as an alternative to installment credit sales, with automobile leases now constituting over one- third of all new automobile transactions. (2) Current automobile leasing practices do not provide consumers with consistent or adequate information to permit comparison shopping among lease offerings. Important information about lease costs and terms are not available until the consumer visits an automobile dealership, are typically provided only as part of lease negotiations, and often are not fully disclosed until the signing of the lease documents. (3) Automobile lease advertisements tend to confuse and mislead consumers by highlighting the most attractive terms of leases, by minimizing or omitting additional costs, terms or penalties, and by advertising monthly payment amounts based on lease terms that are different from those customarily offered to or selected by consumers. (4) With leases accounting for a large and growing percentage of all new automobile transactions, there is increasing need for automobile manufacturers, automobile dealers and other firms involved in leasing to provide more relevant and easily understood information in advertising and in writing at the auto dealership to permit consumers to evaluate intelligently the attractiveness of leases offered by an automobile dealership, to compare terms of leases offered and advertised by competing dealerships, and to compare the benefits of automobile leases with alternative purchase transactions. (b) Purpose.--The purpose of the amendments made by this Act is to simplify and standardize automobile lease advertising in order to provide consumers with more relevant and easily understood information regarding the terms and costs of lease offerings earlier in the leasing process to permit consumers to compare lease and purchase options and to comparison shop among competing lease opportunities. SEC. 3. APPLICABLE CONSUMER LEASES. Section 181(1) of the Consumer Credit Protection Act (15 U.S.C. 1667(1)) is amended-- (1) by striking ``$25,000'' and inserting ``$50,000''; and (2) by adding at the end of the following: ``The limit on the contractual obligation which comes within such term shall be adjusted annually based upon the change reported in the Consumer Price Index by the Department of Labor in June of the preceding year.''. SEC. 4. GENERAL LEASE ADVERTISING. (a) Amendments.--Section 184(a) (15 U.S.C. 1667c) is amended-- (1) by striking ``(a)'' and inserting ``(a)(1)''; (2) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively; (3) by adding at the end the following: ``(2) Information required to be disclosed under paragraph (1) shall be in the same language that principally is used in the advertisement. ``(3) Identification in a television advertisement of the advertised transaction as a lease, as required by paragraph (1)(A), shall be included in both the audio and video portions of the television advertisement. ``(4) The requirements of this subsection shall apply to all aspects of advertising, including television, radio and videotaped advertisements, print advertisements in publications, newsletters and fliers, advertisements on computer programs and on the internet, and advertisements by toll-free telephone numbers.''. (b) Conforming Amendments.--Section 184(c) (15 U.S.C. 1667c(c)) is amended by striking ``subsection (a)'' each time it occurs and inserting ``subsection (a)(1)'' and in paragraph (1) by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A) and (B)''. SEC. 5. ALTERNATIVE LEASE DISCLOSURES. Section 184(c) (15 U.S.C. 1667c(C)) is amended-- (1) by striking ``Radio'' in the subsection heading and inserting ``Broadcast''; (2) by striking ``radio broadcast'' each place it occurs and inserting ``radio or television broadcast''; (3) in paragraph (1)(A), by striking ``paragraphs (1) and (2)'' and inserting ``subparagraphs (A), (B), and (F) of subsection (a)(1)''; (4) in paragraph (2)(A)(iii), by striking ``provide the'' and inserting the following: ``provide a recorded message which provides, in a uniform manner and in a form which is easily understood and capable of being repeated, the''; (5) in paragraph (2)(A), by striking ``and'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``; and'', and by adding after clause (iii) the following: ``(iv) exclude from the information provided by such toll-free telephone all marketing and sales promotional information.''; and (6) by amending paragraph (2)(B) to read as follows: ``(B) Written information.--A toll-free number established in accordance with subparagraph (A) shall include an option that permits consumers to request the information required to be provided under subparagraph (A)(iii) in written form and by mail.''. SEC. 6. ADVERTISEMENT FOR AUTOMOBILE LEASE. Section 184 (15 U.S.C. 1667c) is amended by adding at the end the following: ``(d) Advertisement for Automobile Lease.-- ``(1) Certain practices prohibited.--No advertisement to promote or assist, directly or indirectly, any lease for an automobile shall-- ``(A) state that no downpayment is required on the lease when the lessor requires a capitalized cost reduction payment, acquisition fee, vehicle trade-in or other significant payment upon initiation of the lease, except that payment of the first monthly payment on the lease and any refundable deposit shall not be considered a downpayment; and ``(B) include the amount of any monthly or periodic payment, downpayment, lease term, interest rate, or other terms of leases that the lessor-- ``(i) does not routinely or customarily offer or make available to customers, or does not intend to make available generally to customers as part of any offer or promotion, for vehicles of the same make, model and year as the vehicle advertised; or ``(ii) makes available only to selected customers or to customers with preferred credit ratings. ``(2) Lease payment amounts.-- ``(A) An advertisement to promote a lease for an automobile that states a lease payment amount, or must state a lease payment amount under subsection (a)(1)(D), shall calculate such payment amount on the basis of a lease payment formula which the Board shall set forth in regulation and which shall be based on the following information-- ``(i) the total capitalized cost of the vehicle model advertised which shall not be reduced or adjusted by any down payment amount, capitalized cost reduction, vehicle trade-in amount or other required payment; ``(ii) a lease term of twenty-four (24) months; and ``(iii) a mileage allowance of 24,000 miles, or 12,000 miles for each year of the lease term, before any excess mileage charge may be imposed. ``(B) An advertisement to promote a lease for personal use of an automobile that states a lease payment amount for a vehicle model as provided under subparagraph (A) shall state clearly and conspicuously that the stated lease payment amount applies to a consumer lease with a term of twenty-four (24) months, with no downpayment or trade-in amount and with an annual mileage allowance of 12,000 miles. ``(C) An advertisement to promote a lease for an automobile that states a lease payment for a vehicle model as provided under subparagraph (A) may state a lease payment amount for the same vehicle model that is different than that required to be stated under subparagraph (A): Provided, however, That-- ``(i) the lease payment amount is not presented more prominently than the lease payment amount required to be stated under subparagraph (A); and ``(ii) the advertisement clearly and conspicuously identifies the lease terms or payment amounts that explain the difference between the lease payment amount and the payment amount required to be stated under subparagraph (A).''. SEC. 7. AVAILABILITY OF WRITTEN INFORMATION. Section 184 (15 U.S.C. 1667c), as amended by section 6, is amended by adding at the end the following: ``(e) Availability of Written Information.-- ``(1) Advertised leases.--In connection with any advertisement by an automobile dealer to promote or assist a consumer lease for an automobile that includes a lease payment amount, as provided in subsection (d)(2), or any national or regional advertisement to promote an automobile lease or vehicle promotion that includes a lease payment amount and that the dealer participates in and offers to consumers, such dealer shall-- ``(A) provide separately for each automobile which is promoted in such advertisement or promotion a statement that is dated and typed or set in type and that sets out accurately and in a clear and conspicuous manner a summary of the relevant payment amounts and other terms applicable to the advertised lease or vehicle promotion that shall include-- ``(i) a description of the vehicle model advertised, including any accessory or option; ``(ii) a statement of the charges, fees and payments to be included in the capitalized cost of the vehicle model advertised, and the total capitalized cost of the vehicle model; ``(iii) the total number of scheduled lease payments; ``(iv) the information used to calculate any advertised monthly lease payment amount, which shall include fees or charges not included in the vehicle capitalized cost, interest charges and vehicle residual value; and ``(v) the total amount due at lease inception, including all charges or fees to be paid at or before lease signing and upon delivery of the leased automobile; and ``(B) make such statement available for review by the public by-- ``(i) placing such statement in a conspicuous and prominent location in the dealership; and ``(ii) providing a copy of such statement to any customer who requests it. ``(2) Customer incentives.--An automobile dealer engaged in automobile leasing shall make available to the public in a conspicuous and prominent location in the dealership a statement that is dated and that sets out clearly and accurately for each vehicle model offered by the dealer, as applicable, the incentives, special offers or promotions available for the benefit of consumers in conjunction with consumer lease, purchase and installment credit transactions, that shall include-- ``(A) special interest rates that are offered by automobile manufacturers, financial institutions and leasing companies; ``(B) special incentives, including cash rebates and vehicle residual percentages that are offered by automobile manufacturers directly to consumers; and ``(C) special incentives and lease terms, including vehicle discounts, residual value percentages and other vehicle promotions that are offered to consumers by the dealer.''. SEC. 8. DEFINITIONS. Section 184 (15 U.S.C. 1667c), as amended by sections 6 and 7, is further amended by adding at the end the following: ``(f) Clearly and Conspicuously.-- ``(1) In general.--For purposes of this section, the term `clearly and conspicuously' means-- ``(A) in print advertisements, the required disclosures and explanations of lease terms shall appear in type size, shade, contract, prominence, and location as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(B) in the video portion of television or videotaped advertisements, the required disclosures shall appear on the screen in a type size, shade, contrast, prominence, and location and for a duration as to be readily noticeable, readable, and comprehensible to an ordinary consumer; ``(C) in the audio portion of television, videotaped, and radio advertisements, the required disclosures shall be delivered in a volume, cadence, and location and for a duration as to be readily noticeable, hearable, and comprehensible to an ordinary consumer; and ``(D) in advertisements on the internet, the required disclosures shall appear in a type, size, shade, contract, prominence, and location as to be readily readable and comprehensible to users and shall be separated from marketing and promotional information and easily accessible under the label or heading `Important Information for Consumers'. ``(2) Limitation.--Nothing contrary to, inconsistent with, or in mitigation of, the required disclosures shall be used in any advertisement in any medium and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communications of the disclosures.'' SEC. 9. ADMINISTRATIVE ENFORCEMENT. Chapter 5 of the Consumer Credit Protection Act is further amended by adding the following new section: ``Sec. 187. Administrative Enforcement ``Compliance with section 184 of this Chapter shall be enforced by the Federal Trade Commission, except to the extent that enforcement of the requirements imposed under such section is specifically committed to another agency under section 108(a) of this title. For purposes of the exercise by the Commission of its functions and powers under the Federal Trade Commission Act, a violation of section 184 shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions of and powers of the Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with such section, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests in the Federal Trade Commission Act, including the power to enforce the provisions of such section in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.'' SEC. 10. CIVIL LIABILITY. Section 130(a)(2) of the Truth in Lending Act (15 U.S.C. 1640) is amended by striking ``or'' at the end of subparagraph (A), by inserting ``or'' at the end of subparagraph (B), and by adding after subparagraph (B) the following: ``(C) in the case of calculating the total civil liability for violation of any requirement of chapter 5, the liability under this subparagraph shall not be greater than $10,000;''. SEC. 11. REGULATIONS. The Federal Reserve Board, not later than 6 months after the date of the enactment of this Act, shall issue regulations to implement the amendments made by this Act. The Board shall also issue regulations, together with staff commentary if appropriate, to update and clarify the requirements and definitions for lease disclosures and any other issue relating to consumer leasing to carry out the intent of the amendments made by this Act, to implement any initiative to prevent the circumvention of the amendments made by this Act, and to facilitate compliance with the requirements in the amendments. | Consumer Automobile Lease Advertising Act of 1998 - Amends the Consumer Credit Protection Act to increase from $25,000 to $50,000 the maximum amount of a contractual obligation of a consumer lease to which the Act applies. Mandates annual adjustment of such limit based upon changes reported in the Consumer Price Index by the Department of Labor. Prescribes additional lease advertising disclosure requirements for advertising media, including radio and television broadcasting and toll-free telephones. Prohibits specified automobile lease advertising practices, including: (1) statements that no downpayment is required when the lessor actually requires certain payments upon lease initiation; and (2) lease terms that are available only to selected customers. Mandates that: (1) advertised lease payment amounts for automobiles be calculated on the basis of a formula prescribed by the Board of Governors of the Federal Reserve System (Board), and be accompanied by specified time and mileage disclosures; and (2) automobile dealerships place additional disclosures within a prominent location in the dealership. Empowers the Federal Trade Commission to enforce this Act. Amends the Truth in Lending Act to set forth a maximum civil penalty for noncompliance with such Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fair Trade in Seafood Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) According to the Food and Agriculture Organization of the United Nations, 85 percent of the world's fisheries are overexploited, fully exploited, significantly depleted, or recovering from overexploitation, the highest percentage ever on record. (2) A primary reason for the global fisheries crisis is government subsidies that create perverse incentives for continued fishing in the face of declining catches. (3) Despite the dire conditions of the world's marine resources, some of the countries that engage in the most fishing continue to provide significant subsidies to their fishing fleets. (4) Fisheries subsidies are estimated to be approximately 20 percent of the value of the world catch and have helped create a global fishing fleet that is up to 250 percent larger than that needed to fish sustainably. (5) Many long-range foreign fleets are supported by government subsidies for fuel, other operational expenses, and vessel construction that allow their fleets to fish longer, at greater distances, and more intensively than is commercially or environmentally warranted. Those fleets would not be viable without the support of government subsidies. (6) Many developing countries are particularly affected by fisheries subsidies provided by other governments because the developing countries are unable to compete against subsidized industrial fleets. (7) Fisheries subsidies offered by the governments of other countries give the fleets of those countries an unfair advantage over United States fishermen by reducing the costs of operations and increasing the number, size, and power of vessels competing for fish. Foreign fisheries subsidies also undermine opportunities for United States fishermen in potential export markets. (8) Without committed global leadership to reduce ``overfishing subsidies'', there is a significant risk that the oceans will become too depleted to fish, resulting in a catastrophic blow to the world economy and environment. (9) As one of the world's largest importers of seafood and one of the top five exporters of seafood, the United States has a particular responsibility to lead trade negotiations to address fisheries subsidies and make the establishment of strong new rules on fisheries subsidies a core priority in United States trade negotiations. (10) Paragraphs 28 and 31 of the Ministerial Declaration of the World Trade Organization adopted at Doha November 14, 2001, which launched the Doha Development Agenda, called for negotiations to clarify and improve disciplines on trade- distorting government fisheries subsidies. (11) Paragraphs 9 through 11 of Annex D of the Ministerial Declaration of the World Trade Organization adopted at Hong Kong December 18, 2005, reinforced the Doha fisheries subsidies mandate, noting that ``there is broad agreement that the Group should strengthen disciplines on subsidies in the fisheries sector, including through the prohibition of certain forms of fisheries subsidies that contribute to overcapacity and over- fishing'' and calling on ``Participants promptly to undertake further detailed work to, inter alia, establish the nature and extent of those disciplines, including transparency and enforceability''. (12) The negotiations on fisheries subsidies in the World Trade Organization and negotiations for the Trans-Pacific Partnership Agreement are two of the most important, and promising, international efforts to stop global overfishing and represent meaningful efforts to directly address a key environmental issue that directly impacts international trade. (13) On November 12, 2011, the leaders of the 9 countries in negotiations for the Trans-Pacific Partnership Agreement-- Australia, Brunei Darussalam, Chile, Malaysia, New Zealand, Peru, Singapore, Vietnam, and the United States--announced the achievement of the broad outlines of an ambitious, 21st-century agreement. According to a statement released by those leaders, the agreed outline calls for ``[a] meaningful outcome on environment [that] will ensure that the agreement appropriately addresses important trade and environment challenges and enhances the mutual supportiveness of trade and environment. The TPP countries share the view that the environment text should include effective provisions on trade-related issues that would help to reinforce environmental protection and are discussing an effective institutional arrangement to oversee implementation and a specific cooperation framework for addressing capacity building needs.''. Various proposals, including a proposal by the United States, to bring disciplines to government-subsidized fishing are under active discussion as part of the negotiations on the environment chapter of the Trans-Pacific Partnership Agreement. (14) The United States continues to make achievement of an agreement on disciplines on government fisheries subsidies a priority in negotiations in the World Trade Organization and for the Trans-Pacific Partnership Agreement. On December 16, 2011, at the Eighth Ministerial Conference of the World Trade Organization in Geneva, the United States Trade Representative issued a statement urging ``continued work toward an ambitious outcome on fisheries subsidies under the WTO''. Noting the acute impact of declining catches on developing countries, the Trade Representative further stated, ``We stand ready to explore new negotiating approaches that can move us towards the elimination of harmful subsidies that contribute to overcapacity and overfishing. . . . WTO Members have a duty to address one of the root causes of overfishing and overcapacity--the fisheries subsidies that encourage fishing enterprises to fish longer, harder, and farther than would otherwise be sustainable without subsidy aid. . . . The United States is ready to continue this work in the WTO and in other appropriate fora--including free trade agreements such as the Trans-Pacific Partnership and other bilateral, regional and multilateral initiatives.''. (15) A strong fisheries subsidies agreement by the World Trade Organization and in the Trans-Pacific Partnership Agreement would set an historic precedent by showing that international trade can directly benefit the environment while promoting exports and open markets. SEC. 3. TRADE NEGOTIATING OBJECTIVES OF THE UNITED STATES WITH RESPECT TO GOVERNMENT FISHERIES SUBSIDIES. It shall be a principal negotiating objective of the United States in negotiations for a trade agreement-- (1) to eliminate fisheries subsidies provided by governments that unfairly distort markets to the detriment of United States commercial fishing interests and that perpetuate unsustainable fishing practices; and (2) to ensure that any commitments with respect to such subsidies are enforceable under appropriate trade laws. SEC. 4. EFFECTIVE DATE. This Act takes effect on the date of the enactment of this Act and applies with respect to negotiations for a trade agreement that-- (1) include any negotiations relating to the elimination or reduction of government fisheries subsidies; and (2) are entered into-- (A) on or after such date of enactment; or (B) before such date of enactment if the negotiations continue on or after such date of enactment. | Fair Trade in Seafood Act - Declares that it shall be a principal objective of the United States in negotiations for a trade agreement to: (1) eliminate or reduce fisheries subsidies provided by foreign countries that unfairly distort markets to the detriment of U.S. commercial fishing interests and perpetuate unsustainable fishing practices, and (2) ensure that any commitments with respect to such subsidies are enforceable under appropriate trade laws. |
SECTION 1. NATIONAL STANDARD FOR THE CARRYING OF CERTAIN CONCEALED FIREARMS BY NONRESIDENTS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following: ``Sec. 926B. National standard for the carrying of certain concealed firearms by nonresidents ``(a) Notwithstanding any provision of the law of any State or political subdivision thereof, a person who is not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and is carrying a valid license or permit which is issued by a State and which permits the person to carry a concealed firearm (other than a machinegun or destructive device) may carry in another State a concealed firearm (other than a machinegun or destructive device) that has been shipped or transported in interstate or foreign commerce, subject to subsection (b). ``(b)(1) If such other State issues licenses or permits to carry concealed firearms, the person may carry a concealed firearm in the State under the same restrictions which apply to the carrying of a concealed firearm by a person to whom the State has issued such a license or permit. ``(2) If such other State does not issue licenses or permits to carry concealed firearms, the person may not, in the State, carry a concealed firearm in a police station, in a public detention facility, in a courthouse, in a public polling place, at a meeting of a State, county, or municipal governing body, in a school, at a professional or school athletic event not related to firearms, in a portion of an establishment licensed by the State to dispense alcoholic beverages for consumption on the premises, or inside the sterile or passenger area of an airport, except to the extent expressly permitted by State law.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item relating to section 926A the following: ``926B. National standard for the carrying of certain concealed firearms by nonresidents.''. SEC. 2. EXEMPTION OF QUALIFIED CURRENT AND FORMER LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED HANDGUNS. (a) In General.--Chapter 44 of title 18, United States Code, is amended by inserting after section 926B, as added by section 1(a) of this Act, the following: ``Sec. 926C. Carrying of concealed handguns by qualified current and former law enforcement officers ``(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer or a qualified former law enforcement officer and who is carrying appropriate written identification of such status may carry a concealed handgun. ``(b) As used in this section: ``(1) The term `qualified law enforcement officer' means an officer, agent, or employee of a public agency who-- ``(A) is a law enforcement officer; ``(B) is authorized by the agency to carry a firearm in the course of duty; ``(C) is not the subject of any disciplinary action by the agency; and ``(D) meets such requirements as have been established by the agency with respect to firearms. ``(2) The term `qualified former law enforcement officer' means an individual who-- ``(A) retired from service with a public agency as a law enforcement officer, other than for reasons of mental disability; ``(B) immediately before such retirement, was a qualified law enforcement officer; ``(C) has a nonforfeitable right to benefits under the retirement plan of the agency; ``(D) meets such requirements as have been established by the State in which the individual resides with respect to training in the use of firearms; and ``(E) is not prohibited by Federal law from receiving a firearm. ``(3) The term `law enforcement officer' means an individual authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law, and includes corrections, probation, parole, and judicial officers. ``(4) The term `appropriate written identification' means, with respect to an individual, a document which-- ``(A) was issued to the individual by the public agency with which the individual serves or served as a law enforcement officer; and ``(B) identifies the holder of the document as a current or former officer, agent, or employee of the agency.''. (b) Clerical Amendment.--The table of sections for such chapter is amended by inserting after the item added by section 1(b) of this Act the following: ``926C. Carrying of concealed handguns by qualified current and former law enforcement officers.''. (c) Effective Date.--The amendments made by this section shall take effect 180 days after the date of the enactment of this Act. | Amends the Federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one State and who is not prohibited from carrying a firearm under Federal law to carry a concealed firearm (that has been transported in interstate commerce) in another State in accordance with the restrictions of that State (if any) or as specified under this Act. Exempts qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Health Care Reporting Act of 2004''. SEC. 2. REPORTING OF SANCTIONS. Section 422 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11132) is amended-- (1) in the section heading by striking ``Boards of medical examiners'' and inserting ``State licensing boards''; (2) in paragraphs (1) and (2) of subsection (a)-- (A) by striking ``physician's'' each place it appears and inserting ``physician's or other health care practitioner's''; and (B) by striking ``physician'' each place it appears and inserting ``physician or other health care practitioner''; and (3) in subsections (a) and (b), by striking ``Board of Medical Examiners'' each place it appears and inserting ``State licensing board''. SEC. 3. REPORTING OF CERTAIN PROFESSIONAL REVIEW ACTIONS. Section 423 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11133) is amended-- (1) by striking ``Board of Medical Examiners'' each place it appears and inserting ``State licensing board''; (2) in subsection (a)-- (A) by striking paragraph (2) and inserting the following: ``(2) Mandatory reporting on other licensed health care practitioners.--A health care entity shall report to the appropriate State licensing boards and to the agency designated under section 424(b), the information described in paragraph (3) in the case of a licensed health care practitioner who is not a physician, if the entity would be required to report such information under paragraph (1) with respect to the practitioner if the practitioner were a physician.''; (B) by redesignating paragraph (3)(C) as paragraph (3)(D); and (C) by striking paragraph (3)(B) and inserting the following: ``(B) a description of any adverse action, including dismissal and review action, taken by a hospital or other health care entity against a health care practitioner who is employed by, has privileges at, is under contract with, or otherwise works at the health care entity for conduct that may be construed to violate any Federal or State law, including laws governing licensed health care professional practice standards, ``(C) information on a health care practitioner who voluntarily resigns during, or as a result of, a pending dismissal or review action, and''; (3) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (4) by inserting after subsection (a), the following: ``(b) Standard for Reporting of Adverse Actions.--Adverse actions reported under subsection (a)(2) shall be made in accordance with the rights and procedures afforded to physicians under section 412.''; (5) in subsection (c) (as so redesignated), in the subsection heading, by striking ``Board of Medical Examiners'' and inserting ``State licensing board''; (6) in subsection (d)(1) (as so redesignated), by striking ``subsection (a)(1)'' and inserting ``paragraphs (1) and (2) of subsection (a) and subsection (b)''; (7) in subsection (d)(2) (as so redesignated), in the paragraph heading, by striking ``Board of Medical Examiners'' and inserting ``State licensing board''; (8) in subsection (e) (as so redesignated), in the subsection heading, by striking ``Board of Medical Examiners'' and inserting ``State licensing board''; and (9) by adding at the end the following: ``(f) Civil Penalties.-- ``(1) In general.--The Secretary shall provide for the imposition of no more than $50,000 per violation for health care entities that fail to comply with this section. ``(2) Repeated violations.--The Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for health care entities that establish patterns of repeated violations of this section.''. SEC. 4. CIVIL PENALTIES. Section 425 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11135) is amended-- (1) in paragraphs (1) and (2) of subsection (a), and subsections (b) and (c), by striking ``hospital'' each place it appears and inserting ``health care entity or agency employing a physician or other licensed health care practitioner''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``each hospital'' and inserting ``each health care entity and agency employing a physician or other licensed health care practitioner''; and (ii) by inserting ``and from the appropriate State licensing board,'' after ``(or the agency designated under section 424(b)),''; (B) in paragraph (1), by inserting ``or employment'' after ``clinical privileges''; and (C) in paragraph (2), by inserting ``or employed'' after ``clinical privileges''; (3) in subsection (c), by striking ``hospital's'' and inserting ``the health care entity's or agency's'' and (4) by adding at the end the following: ``(d) Civil Penalties.-- ``(1) In general.--The Secretary shall provide for the imposition of no more than $50,000 per violation for a health care entity or agency employing a physician or other licensed health care practitioner that fails to comply with this section. ``(2) Repeated violations.--The Secretary shall provide for civil penalties in addition to the amount listed in paragraph (1) for a health care entity or agency employing a physician or other licensed health care practitioner that establishes patterns of repeated violations of this section.''. SEC. 5. PROFESSIONAL REVIEW. Section 411 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11111) is amended by adding at the end the following: ``(d) Civil Liability Immunity for Health Care Entities.-- ``(1) In general.--A health care entity that discloses information about a former or current employee pursuant to section 423 is immune from civil liability for such disclosure and its consequences unless it is demonstrated that the employer-- ``(A) knowingly disclosed false information; or ``(B) violated any right of the former or current employee that is protected under Federal or State laws. ``(2) Application.--This subsection applies to any employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with section 423. ``(e) Protection of Health Care Practitioners.--A health care entity shall not penalize, discriminate, or retaliate in any manner with respect to employment, including discharge, promotion, compensation, or terms, conditions, or privileges of employment, against an employee who, in good faith, reports conduct that may be construed to violate a Federal or State law, including laws governing licensed health care professional practice standards, to a State authority, licensing authority, peer review organization, or employer.''. SEC. 6. HEALTH CARE ENTITY; SKILLED NURSING FACILITY. Section 431 of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151) is amended-- (1) in paragraph (4)(i), by inserting ``or skilled nursing facility'' after ``hospital''; (2) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (3) by inserting after paragraph (12) the following: ``(13) The term `skilled nursing facility' means an entity described in section 1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a)).''. SEC. 7. SANCTIONS AGAINST AND BACKGROUND CHECKS OF HEALTH CARE PRACTITIONERS AND PROVIDERS. Section 1921 of the Social Security Act (42 U.S.C. 1396r-2) is amended-- (1) in the section heading, by inserting ``and Criminal Background Checks of'' after ``Against''; and (2) in subsection (a)-- (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: ``(2) Information concerning criminal background of licensed health care practitioners.--The State shall have in effect a system of reporting criminal background information on licensed health care practitioners to the agency designated under section 424(b) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11134(b)).''. SEC. 8. DATE OF IMPLEMENTATION. The Secretary of Health and Human Services shall, through the promulgation of appropriate regulations, implement the provisions of this Act within 1 year after the date of enactment of this Act. | Safe Health Care Reporting Act of 2004 - Amends the Health Care Quality Improvement Act of 1986 to require State licensing boards (currently, boards of medical examiners) to report to the National Practitioner Data Bank regarding: (1) any sanctions taken against a physician or health care practitioner (currently, against a physician); and (2) known instances of health care entities failing to report required information. Requires (current law authorizes) health care entities to report specified information to State licensing boards and the Data Bank regarding any action that adversely affects the clinical privileges of a health care practitioner who is not a physician if the entity would be required to report such information if the practitioner were a physician. Allows the Secretary to impose fines for violations of reporting requirements by health care entities. Requires health care entities and other agencies that employ physicians or other licensed health care providers (currently, requires hospitals) to request from the Data Bank and the State licensing board reported information on licensed health care practitioners who apply to be on the medical staff or who apply for clinical privileges or employment. Provides immunity from civil liability for health care entities that disclose information about employees pursuant to mandatory reporting requirements unless the employer knowingly disclosed false information or violated any legal right of the employee. Prohibits health care entities from retaliating against any employee who, in good faith, reports conduct that may be construed to violate a Federal or State law to a State authority, licensing authority, peer review organization, or employer. Amends title XIX (Medicaid) of the Social Security Act to require States to implement a system to report criminal background information to the Data Bank. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Better Options for Kids Act of 2014''. SEC. 2. JUVENILE JUSTICE. Section 520A of the Public Health Service Act (42 U.S.C. 290bb-32) is amended by adding at the end the following: ``(g) Preference for Juvenile Justice Programs.-- ``(1) In general.--In awarding competitive grants under this section to programs for youth involved in the criminal justice system or youth at risk of becoming involved in the criminal justice system, the Secretary, acting through the Administrator and in consultation with the Director of the Office of Safe and Healthy Students of the Department of Education and the Administrator of the Office of Juvenile Justice and Delinquency Prevention of the Department of Justice, shall give preference to applications from-- ``(A) States that-- ``(i) demonstrate greater educational continuity, lower rates of juvenile court involvement, and reduced recidivism, by implementing, or planning to use the grant funds to implement, the required evidence-based policies described in paragraph (2); ``(ii) demonstrate existing partnerships or proposed partnerships-- ``(I) through which the State will establish a coordinated process for service delivery and develop the ability to share information; ``(II) that involve interagency agreements or strategic plans; and ``(III) established through a memorandum of understanding or strategic plan signed by State, tribal, and local agency partners, as applicable, articulating the commitment of the partners to a system of shared accountability and contributions to achieving and measuring specific desired results; ``(iii) have certified, through the chief executive officer of the State, a commitment to the partnerships described in clause (ii) and the responsibility of the State for the specific desired results of such partnerships; and ``(B) entities within such States. ``(2) Required evidence-based policies.--To receive the preference under paragraph (1), a State or entity shall demonstrate through the grant application that the State, or, in the case of an application from an entity described in paragraph (1)(B), the State in which such entity is located and provides services, has implemented, or will use the grant funds to implement the following evidence-based policies: ``(A) The State provides training or funds training for local educational agencies in the use of discipline strategies and positive school climate strategies that minimize the use of suspensions, expulsions, and other actions that remove students from instruction and that show evidence of effectiveness for improving the learning environment in the school, including schoolwide positive behavioral interventions and supports. ``(B) The State requires or provides incentives to local educational agencies (as defined under section 9101 of the Elementary and Secondary Education Act) to execute a written memorandum of understanding or other type of collaborative agreement with any law enforcement agency that assigns school resource officers or other officers assigned to schools prohibiting the involvement of such officers in regular student disciplinary matters and sets forth a description of the roles and responsibilities of the officers on school grounds. ``(C) The State prohibits or limits court referrals for juvenile school-based status offenses, including cases involving a valid court order. ``(D) The State has shifted, or has a plan to shift, significant funding formerly dedicated to secure detention of minors into community-based alternatives to incarceration. ``(E) The State has adopted, or will adopt, a reentry policy to ensure that youth in correctional facilities can continue their education immediately and without delay upon release from such facilities by providing for prompt reenrollment into the most appropriate grade or educational setting based on their individual needs and designed to maximize their educational success. ``(3) Report.--Not later than 90 days after the date of enactment of the Better Options for Kids Act of 2014, the Secretary shall submit to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives a report that specifies the programs to which the preference under this subsection applies. ``(4) Sunset.--The application preference under this subsection shall cease to have force and effect 5 years after the date of enactment of this section.''. | Better Options for Kids Act of 2014 - Amends the Public Health Service Act to direct the Administrator of the Substance Abuse and Mental Health Services Administration, in awarding priority mental health needs grants to programs for youth involved in, or at risk of becoming involved in, the criminal justice system, to give preference to states that: (1) demonstrate greater educational continuity, lower rates of juvenile court involvement, and reduced recidivism through implementation of certain evidence-based policies; (2) demonstrate partnerships through which the state will establish a coordinated process for service delivery and develop the ability to share information and which involve interagency agreements or strategic plans; and (3) have certified a commitment to such partnerships and to the state's responsibility for the desired results. Terminates such grant preference five years after enactment of this Act. Requires a state, to receive such preference, to demonstrate that it has implemented, or will use grant funds to implement, evidence-based policies under which the state: provides or funds training for local educational agencies (LEAs) in the use of discipline and positive school climate strategies that minimize the use of suspensions, expulsions, and other actions that remove students from instruction and that show evidence of effectiveness for improving the learning environment; requires or provides incentives to LEAs to execute with any law enforcement agency that assigns officers to schools a collaborative agreement that prohibits the involvement of such officers in regular student disciplinary matters and describes their roles and responsibilities; prohibits or limits court referrals for juvenile school-based status offenses; has shifted, or has a plan to shift, significant funding formerly dedicated to secure detention of minors into community-based alternatives to incarceration; and has adopted, or will adopt, a reentry policy to ensure that youth in correctional facilities can continue their education immediately and without delay upon release by providing for prompt re-enrollment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Rural America Digital Accessibility Act''. SEC. 2. GRANTS TO FACILITATE DEPLOYMENT OF BROADBAND TELECOMMUNICATIONS CAPABILITIES TO UNDERSERVED RURAL AREAS. (a) In General.--In order to facilitate the deployment by the private sector of broadband telecommunications networks and capabilities (including wireless and satellite networks and capabilities) to underserved rural areas, the Secretary of Commerce (in this section, referred to as the ``Secretary'') may-- (1) make grants to eligible recipients for that purpose; (2) guarantee loans, either whole or in part, of eligible recipients the proceeds of which are to be used for that purpose; or (3) carry out activities under both paragraphs (1) and (2). (b) Eligible Recipients.--For purposes of this section, an eligible recipient of a grant or loan guarantee under subsection (a) is any person or entity selected by the Secretary in accordance with such procedures as the Secretary shall establish. (c) Underserved Rural Areas.--The Secretary shall identify the areas that constitute underserved rural areas for purposes of this section. (d) Emphasis on Particular Capabilities.--In selecting a person or entity as an eligible recipient of a grant or loan guarantee under subsection (a), the Secretary shall give particular emphasis to persons or entities that propose to use the grant or the proceeds of the loan guaranteed, as the case may be, to leverage non-Federal resources to do one or more of the following: (1) Provide underserved rural areas with access to Internet service by local telephone. (2) Demonstrate new models or emerging technologies to bring broadband telecommunications services to underserved rural areas on a cost-effective basis. (3) Use broadband telecommunications services to stimulate economic development, such as providing connections between and among industrial parks located in such areas and providing high-speed telecommunications service links to small business incubators. (e) Consultation.--The Secretary may consult with the Federal Communications Commission in carrying out activities under this section. (f) Limitation on Amount.--The amount of any grants made under this section, and the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of any loans guaranteed under this section, may not, in the aggregate, exceed $100,000,000. (g) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for purposes of grants and loan guarantees under this section $100,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter. SEC. 3. RESEARCH ON ENHANCEMENT OF BROADBAND TELECOMMUNICATIONS SERVICES. (a) In General.--The Director of the National Science Foundation (in this section, referred to as the ``Director'') shall carry out research on the following: (1) Means of enhancing or facilitating the availability of broadband telecommunications services in rural areas and other remote areas. (2) Means of facilitating or enhancing access to the Internet through broadband telecommunications services. (b) Scope of Authority.--The Director may carry out research under subsection (a) within the National Science Foundation or pursuant to such grants, agreements, or other arrangements as the Director considers appropriate. (c) Results of Research.--The Director shall make available to the public, in such manner as the Director considers appropriate, the results of any research carried out under this section. (d) Authorization of Appropriations.--There is authorized to be appropriated for the National Science Foundation for purposes of activities under this section $25,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter. SEC. 4. TAX CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. (a) In General.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Nonrefundable Credit for Holders of Qualified Technology Bonds ``Sec. 54. Credit to holders of qualified technology bonds. ``SEC. 54. CREDIT TO HOLDERS OF QUALIFIED TECHNOLOGY BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified technology bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year the amount determined under subsection (b). ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any qualified technology bond is the amount equal to the product of-- ``(A) the credit rate determined by the Secretary under paragraph (2) for the month in which such bond was issued, multiplied by ``(B) the face amount of the bond held by the taxpayer on the credit allowance date. ``(2) Determination.--During each calendar month, the Secretary shall determine a credit rate which shall apply to bonds issued during the following calendar month. The credit rate for any month is the percentage which the Secretary estimates will permit the issuance of qualified technology bonds without discount and without interest cost to the issuer. ``(c) Limitation Based on Amount of Tax.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(2) the sum of the credits allowable under this part (other than this subpart and subpart C). ``(d) Qualified Technology Bond.--For purposes of this part-- ``(1) In general.--The term `qualified technology bond' means any bond issued as part of an issue if-- ``(A) 95 percent of more of the proceeds of such issue are to be used for any or a series of qualified projects, ``(B) the bond is issued by a State or local government within the jurisdiction of which such project is located, ``(C) the issuer designates such bond for purposes of this section, ``(D) certifies that it has obtained the written approval of the Secretary of Commerce for such project, and ``(E) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Qualified project.-- ``(A) In general.--The term `qualified project' means a project-- ``(i) to expand broadband telecommunications services in an area within the jurisdiction of a State or local government, ``(ii) which is nominated by such State or local government for a designation as a qualified project, and ``(iii) which the Secretary of Commerce, after consultation with the Secretary of Housing and Urban Development designates as a qualified project or a series of qualified projects. ``(B) Designation preferences.--With respect to designations under this section, preferences shall be given to-- ``(i) nominations of projects involving underserved urban or rural areas lacking access to high-speed Internet connections, and ``(ii) nominations reflecting partnerships and comprehensive planning between State and local governments and the private sector. ``(e) Limitation on Amount of Bonds Designated.-- ``(1) National limitation.--There is a national technology bond limitation for each calendar year. Such limitation is $100,000,000 for 2002, 2003, 2004, 2005, and 2006, and, except as provided in paragraph (4), zero thereafter. ``(2) Allocation of limitation.--The national technology bond limitation for a calendar year shall be allocated by the Secretary among the qualified projects designated for such year. ``(3) Designation subject to limitation amount.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under subsection (d)(1) with respect to any qualified project shall not exceed the limitation amount allocated to such project under paragraph (2) for such calendar year. ``(4) Carryover of unused limitation.--If for any calendar year-- ``(A) the national technology limitation amount, exceeds ``(B) the amount of bonds issued during such year which are designated under subsection (d)(1) with respect to qualified projects, the national technology limitation amount for the following calendar year shall be increased by the amount of such excess. ``(f) Other Definitions.--For purposes of this subpart-- ``(1) Bond.--The term `bond' includes any obligation. ``(2) Credit allowance date.--The term `credit allowance date' means, with respect to any issue, the last day of the 1- year period beginning on the date of issuance of such issue and the last day of each successive 1-year period thereafter. ``(3) State.--The term `State' means the several States and the District of Columbia. ``(g) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (c)) and the amount so included shall be treated as interest income. ``(h) Other Special Rules.-- ``(1) Partnership; s corporation; and other pass-thru entities.--Under regulations prescribed by the Secretary, in the case of a partnership, trust, S corporation, or other pass- thru entity, rules similar to the rules of section 41(g) shall apply with respect to the credit allowable under subsection (a). ``(2) Bonds held by regulated investment companies.--If any qualified technology bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(3) Treatment for estimated tax purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified technology bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(4) Reporting.--Issuers of qualified technology bonds shall submit reports similar to the reports required under section 149(e).''. (b) Reporting.--Subsection (d) of section 6049 of the Internal Revenue Code of 1986 (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified technology bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 54(g) and such amounts shall be treated as paid on the credit allowance date (as defined in section 54(f)(2)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.''. (c) Clerical Amendments.-- (1) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subpart H. Nonrefundable Credit for Holders of Qualified Technology Bonds.''. (2) Section 6401(b)(1) of such Code is amended by striking ``and G'' and inserting ``G, and H''. (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 2001. SEC. 5. GRANTS FOR TECHNOLOGY EXTENSION. (a) Purpose.--It is the purpose of this section-- (1) to encourage meaningful use of the most advanced available technologies by small businesses and medium-sized businesses to the maximum extent possible to improve the productivity of those businesses and thereby to promote economic growth; and (2) to promote regional partnerships between educational institutions and businesses to develop such technologies and products in the surrounding areas. (b) Grant Program.--To achieve the purpose of this section, the Secretary of Commerce (in this section, referred to as the ``Secretary'') shall carry out a program to provide, through grants, financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small businesses and medium-sized businesses. (c) Eligibility.--An entity is eligible to receive a grant as a regional center under this section if the entity-- (1) is affiliated with a United States-based institution or organization that is operated on a not-for-profit basis, or any combination of two or more of such institutions or organizations; (2) offers to enter into an agreement with the Secretary to function as a regional center for the commercial use of advanced technologies for the purpose of this section within a region determined appropriate by the Secretary; and (3) demonstrates that it has the capabilities necessary to achieve the purpose of this section through its operations as a center within that region. (d) Selection of Applicants.-- (1) Competitive process.--The Secretary shall use a competitive process for the awarding of grants under this section and, under that process, select recipients of the grants on the basis of merit, with priority given to underserved areas. (2) Applications for grants.--The Secretary shall prescribe the form and content of applications required for grants under this section. (e) Specific Activities of Regional Centers.--A regional center may use the proceeds of a grant under this section for any activity that carries out the purpose of this section, including such activities as the following: (1) Assist small businesses and medium-sized businesses to address their most critical needs for the application of the latest technology, improvement of infrastructure, and use of best business practices. (2) In conjunction with institutions of higher education and laboratories located in the region, transfer technologies to small businesses and medium-sized businesses located in such region to create jobs and increase production in surrounding areas. (f) Additional Administrative Authorities.-- (1) Cost-sharing.--The Secretary may require the recipient of a grant to defray, out of funds available from sources other than the Federal Government, a specific level of the operating expenses of the regional center for which the grant is made. (2) Additional terms and conditions.--The Secretary, in awarding a grant, may impose any other terms and conditions for the use of the proceeds of the grant that the Secretary determines appropriate for carrying out the purposes of this section and to protect the interests of the United States. (g) Definitions of Small Business and Medium-Sized Business.-- (1) Secretary to prescribe.--The Secretary shall prescribe the definitions of the terms ``small business'' and ``medium- sized business'' for the purpose of this section. (2) Small business standards.--In defining the term ``small business'', the Secretary shall apply the standards applicable for the definition of the term ``small-business concern'' under section 3 of the Small Business Act (15 U.S.C. 632). (h) Regulations.--The Secretary shall prescribe regulations for the grant program administered under this section. (i) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Commerce for carrying out this section $125,000,000 for fiscal year 2002, and such sums as are necessary for each fiscal year thereafter. | Rural America Digital Accessibility Act - Authorizes the Secretary of Commerce to make grants or guarantee loans in order to facilitate the deployment by the private sector of broadband telecommunications networks and capabilities (including wireless and satellite services) to underserved rural areas. Limits to $100 million the total amount of such grants and loan guarantees.Requires the Director of the National Science Foundation to research the enhancement or facilitation of broadband telecommunications services in rural and other remote areas, as well as Internet access through such services.Amends the Internal Revenue Code to provide a tax credit to holders of qualified technology bonds (bonds representing an investment in projects to expand such telecommunications services). Sets a national technology bond limitation of $100 million for each of FY 2002 through 2006, and zero thereafter (with an exception) to be allocated by the Secretary among the qualified projects designated each year.Directs the Secretary to provide financial assistance for the establishment and support of regional centers for the commercial use of advanced technologies by small and medium-sized businesses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Prescription Drug Integrity Act of 2013''. SEC. 2. PREVENTION OF FRAUD AND ABUSE IN MEDICARE PRESCRIPTION DRUG PLANS. (a) Procedures for PDP Sponsors To Identify Fraud and Abuse.-- Section 1860D-4(c) of the Social Security Act (42 U.S.C. 1395w-104(c)) is amended-- (1) in paragraph (1)(D)-- (A) by inserting ``, designed to'' after ``program''; and (B) by inserting ``, that includes the procedures described in paragraph (4)'' after ``waste''; and (2) by adding at the end the following: ``(4) Procedures to prevent fraud and abuse.-- ``(A) PDP sponsor procedures.--A PDP sponsor shall have in place procedures designed to-- ``(i) identify an individual that has obtained coverage for a covered part D drug at a frequency or amount not medically necessary, as determined in accordance with utilization guidelines established by the Secretary; ``(ii) subject to procedures developed by the Secretary, limit coverage for some or all classes of covered part D drugs for an individual identified under clause (i) to drugs prescribed by one or more designated prescribers or dispensed by one or more designated dispensers, or both, for a reasonable period of time following the date the individual is notified of such identification; ``(iii) provide to the Secretary the name, and other information that the Secretary may require, of individuals identified pursuant to clause (i); ``(iv) as directed by the Secretary, limit coverage for some or all classes of covered part D drugs for an individual identified pursuant to clause (i) by a PDP sponsor with whom such individual was previously enrolled; and ``(v) deny payment of a claim for a controlled substance in schedule II or III as established under Controlled Substances Act unless the PDP sponsor has verified at point- of-sale that the prescriber and dispenser are authorized by the Administrator of the Drug Enforcement Administration to prescribe or dispense such controlled substances. ``(B) Authorization for the secretary to share information.--The Secretary may share information with respect to an individual provided under subparagraph (A)(iii) with a PDP sponsor enrolling such individual.''. (b) Dual Eligibles.--Section 1860D-1(b)(3)(D) of the Social Security Act (42 U.S.C. 1395w-101(b)(3)(D)) is amended by inserting ``, subject to such limits as the Secretary may establish for individuals identified pursuant to section 1860D-4(c)(4)(A)(i)'' after ``the Secretary''. (c) Exclusion and Denial of Payment for Inappropriate Prescribing and Dispensing.-- (1) Exclusion for inappropriate prescribing or dispensing.--Section 1128(b) of the Social Security Act (42 U.S.C. 1320a-7(b)) is amended by adding at the end the following: ``(17) Inappropriate prescribing or dispensing.--Any individual or entity that the Secretary determines has prescribed or dispensed under title XVIII-- ``(A) a covered part D drug to an individual under a prescription drug plan or a MA-PD plan, as such terms are defined for purposes of part D of such title, that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or ``(B) any drug under such title at a frequency or amount that-- ``(i) represents a practice or pattern of abusive prescribing or dispensing; or ``(ii) presents a risk to enrollee health or safety.''. (2) Denial of payment for inappropriate prescribing or dispensing.--Section 1860D-2(e)(3) of the Social Security Act (42 U.S.C. 1395w-102(e)(3)) is amended-- (A) in subparagraph (A), by striking ``; or'' and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ``; or''; (C) by inserting after subparagraph (B) the following: ``(C) which is prescribed or dispensed by an individual or entity that the Secretary determines, subject to such review, redetermination, and appeal as the Secretary provides, has prescribed or dispensed to an individual under a prescription drug plan or a MA-PD plan a covered part D drug-- ``(i) that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or ``(ii) at a frequency or amount that presents a risk to the health or safety of an enrollee or that represents a practice or pattern of abusive prescribing or dispensing.''; and (D) by adding at the end the following: ``The exclusion of a prescriber or dispenser under subparagraph (C) shall be for such period of time as the Secretary shall specify.'' (d) Registration of Authorization for Individuals To Prescribe and Dispense Controlled Substances.--Section 303 of the Controlled Substances Act (21 U.S.C. 823) is amended by adding at the end the following: ``(i) Unique Health Identifiers for Members of Group Practices.-- ``(1) In general.--The Attorney General shall-- ``(A) compile and maintain a list of the unique health identifiers of prescribers and dispensers that are members of a group practice registered under this section and have authority to prescribe or dispense controlled substances in schedules II and III; and ``(B) make the list compiled under subparagraph (A) available to all PDP sponsors. ``(2) Definitions.--In this section: ``(A) Group practice.--The term `group practice' has the meaning given such term in section 1877(h)(4) of the Social Security Act. ``(B) Unique health identifier.--The term `unique health identifier' has the meaning given such term in section 1173(b) of the Social Security Act. ``(C) PDP sponsor.--The term `PDP sponsor' has the meaning given such term in section 1860D-41(a)(13) of the Social Security Act.''. (e) Use of Recovery Audit Contractor Recoveries To Prevent Fraud and Waste.--Section 1893(h)(1)(C) of the Social Security Act (42 U.S.C. 1395ddd(h)(1)(C)) is amended-- (1) by striking ``the Secretary shall retain'' and inserting ``the Secretary-- ``(i) shall retain''; (2) in clause (i), as added by paragraph (1)-- (A) by inserting ``, in addition to any other funds that may be available,'' after ``available''; and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(ii) may retain an additional portion of the amounts recovered (not to exceed 25 percent of such amounts recovered) which shall be available, in addition to any other funds that may be available, to such program management account until expended for purposes of carrying out the amendments made by the Medicare Prescription Drug Integrity Act of 2013.''. (f) Implementation.--The Secretary of Health and Human Services may implement the amendments made by subsections (a), (b), and (c)(2) by regulations, guidance, or otherwise. (g) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect on the date of the enactment of this Act. (2) Delayed effective date for certain provisions.--The amendments made by subsection (a) shall apply with respect to plan years beginning after the date that is 8 months after the date of the enactment of this Act, except that subparagraph (A)(v) of section 1860D-4(c)(4) of the Social Security Act, as added by subsection (a)(2), shall apply with respect to plan years beginning after the date that is 6 months after the date on which the Secretary of Health and Human Services determines PDP sponsors, as defined in section 1860D-41(a)(13) of the Social Security Act (42 U.S.C. 1395w-151(a)(13)), have access at the point-of-sale to the information necessary to determine valid prescribing and dispensing authority. | Medicare Prescription Drug Integrity Act of 2013 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to require a prescription drug plan (PDP) sponsor to have in place procedures designed to prevent fraud and abuse in PDPs. Authorizes the Secretary of Health and Human Services (HHS), with respect to establishing special enrollment periods for full-benefit dual eligible individuals, to set coverage limits for individuals who have obtained coverage for a covered Medicare part D drug at a frequency or amount not medically necessary. Amends SSA title IX to allow the Secretary to exclude from participation in any federal health care program any individual or entity that has engaged in the inappropriate prescribing or dispensing of a covered Medicare part D drug. Amends SSA title XVIII part D to allow a PDP or a MedicareAdvantage-PD (MA-PD) plan to exclude from qualified prescription drug coverage, and deny payment for, any covered part D drug: (1) prescribed or dispensed inappropriately to an individual under a PDP or a MA-PD plan that could not have been prescribed or dispensed to the individual on the date of such prescribing or dispensing; or (2) any drug at a frequency or amount that represents a practice or pattern of abusive prescribing or dispensing, or presents a risk to enrollee health or safety. Amends the Controlled Substances Act to direct the Attorney General to: (1) compile a list of the unique health identifiers of prescribers and dispensers that are members of a group practice registered and authorized to prescribe or dispense controlled substances in schedules II and III, and (2) make the list available to all PDP sponsors. Amends SSA title XVIII with respect to the use of recovery audit contractors under the Medicare Integrity Program to identify underpayments and overpayments and recoup the latter. Authorizes the Secretary to retain an additional portion of up to 25% of the amounts recovered for purposes of carrying out this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Systematic Foreclosure Prevention and Mortgage Modification Act''. SEC. 2. SYSTEMATIC FORECLOSURE PREVENTION AND MORTGAGE MODIFICATION PLAN ESTABLISHED. (a) In General.--The Chairperson of the Federal Deposit Insurance Corporation shall establish a systematic foreclosure prevention and mortgage modification program by-- (1) paying servicers $1,000 to cover expenses for each loan modified according to the required standards; and (2) sharing up to 50 percent of any losses incurred if a modified loan should subsequently re-default. (b) Program Components.--The program established under subsection (a) shall include the following components: (1) Eligible borrowers.--The program shall be limited to loans secured by owner-occupied properties. (2) Exclusion for early payment default.--To promote sustainable mortgages, government loss sharing shall be available only after the borrower has made a minimum of 6 payments on the modified mortgage. (3) Standard net present value test.--In order to promote consistency and simplicity in implementation and audit, a standard test comparing the expected net present value of modifying past due loans compared to the net present value of foreclosing on them will be applied. Under this test, standard assumptions shall be used to ensure that a consistent standard for affordability is provided based on a 31 percent borrower mortgage debt-to-income ratio. (4) Systematic loan review by participating servicers.-- Participating servicers shall be required to undertake a systematic review of all of the loans under their management, to subject each loan to a standard net present value test to determine whether it is a suitable candidate for modification, and to modify all loans that pass this test. The penalty for failing to undertake such a systematic review and to carry out modifications where they are justified would be disqualification from further participation in the program until such a systematic program was introduced. (5) Modifications.--Modifications may include any of the following: (A) Reduction in interest rates and fees. (B) Forbearance of principal. (C) Extension of the term to maturity. (D) Other similar modifications. (6) Reduced loss share percentage for ``underwater loans''.--For loan-to-value ratios above 100 percent, the government loss share shall be progressively reduced from 50 percent to 20 percent as the current loan-to-value ratio rises, except that loss sharing shall not be available if the loan-to- value ratio of the first lien exceeds 150 percent. (7) Simplified loss share calculation.--In order to ensure the administrative efficiency of this program, the calculation of loss share basis would be as simple as possible. In general terms, the calculation shall be based on the difference between the net present value, as defined by the Chairperson of the Federal Deposit Insurance Corporation, of the modified loan and the amount of recoveries obtained in a disposition by refinancing, short sale, or real estate owned sale, net of disposal costs as estimated according to industry standards. Interim modifications shall be allowed. (8) De minimis test.--To lower administrative costs, a de minimis test shall be used to exclude from loss sharing any modification that does not lower the monthly payment at least 10 percent. (9) 8-year limit on loss sharing payment.--The loss sharing guarantee shall terminate at the end of the 8-year period beginning on the date the modification was consummated. (c) Regulations.--The Corporation shall prescribe such regulations as may be necessary to implement this Act and prevent evasions thereof. (d) Troubled Assets.--The costs incurred by the Federal Government in carrying out the loan modification program established under this section shall be covered out of the funds made available to the Secretary of the Treasury under section 118 of the Emergency Economic Stabilization Act of 2008. (e) Modifications to Program.--The Chairperson of the Federal Deposit Insurance Corporation may make any modification to the program established under subsection (a) that the Chairperson determines are appropriate for the purpose of maximizing the number of foreclosures prevented. (f) Report.--Before the end of the 6-month period beginning on the date of the enactment of this Act, the Chairperson of the Federal Deposit Insurance Corporation shall submit a progress report to the Congress containing such findings and such recommendations for legislative or administrative action as the Chairperson may determine to be appropriate. | Systematic Foreclosure Prevention and Mortgage Modification Act - Directs the Chairperson of the Federal Deposit Insurance Corporation (FDIC) to establish a systematic foreclosure prevention and mortgage modification program by: (1) paying mortgage servicers $1,000 to cover expenses for each loan modified according to specified standards; and (2) sharing up to 50% of any losses incurred if a modified loan should subsequently re-default. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Disciplinary Fairness Act of 2017''. SEC. 2. FINDINGS. Congress finds the following: (1) Too many juveniles are introduced to the formal criminal justice system for minor behavioral infractions at school. (2) Common behavioral infractions at school often result in suspension, expulsion, or incarceration of the juvenile students involved. (3) Zero-tolerance school discipline policies increase the number of incarcerated juveniles. (4) Research shows that juveniles who are incarcerated are significantly less likely to complete secondary school, experience less human capital development and diminished earnings potential, and are more likely to recidivate and be incarcerated as adults. SEC. 3. SCHOOL DISCIPLINE POLICY. The Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) is amended by inserting after title V the following new title: ``TITLE VI--SCHOOL DISCIPLINE POLICY ``SEC. 601. ESTABLISHMENT OF OFFICE. ``(a) In General.--There is hereby established within the Office of Juvenile Justice and Delinquency Prevention an Office of School and Discipline Policy (referred to in this title as the `Office'), headed by a Director appointed by the Administrator of the Office of Juvenile Justice and Delinquency Prevention. ``(b) Purpose.--The purpose of the Office shall be to reduce the number of juveniles who are incarcerated and develop a criminal record based on activity that occurs while the juvenile is at school. ``SEC. 602. DUTIES. ``The Office shall-- ``(1) collect and publish data, in collaboration with the Office for Civil Rights of the Department of Education, relating to the arrest and incarceration of juvenile students for violations of school rules or policies; ``(2) work with States, units of local government, local educational agencies, and non-governmental organizations in order to expand the use of alternatives to detention and incarceration programming in schools in order to reduce the number of juvenile students who are arrested and incarcerated for violating school rules or policies; and ``(3) collect and publish data, in collaboration with the Office of Justice Programs, relating to the relationship between the presence of a school resource officer at a school and the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies. ``SEC. 603. SCHOOL DISCIPLINE POLICY GRANT PROGRAM. ``(a) Grants Authorized.--The Director may make grants to States, units of local government, and local educational agencies in order to further the purpose described in section 601(b). ``(b) Application.--A State, unit of local government, or local educational agency seeking a grant under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may reasonably require. ``(c) Preference.--The Director shall give preference in awarding grants to an applicant that demonstrates that it has, at the time of submitting an application, begun to take steps to further the purpose described in section 601(b). ``(d) Uses of Funds.--A State, unit of local government or local educational agency that receives a grant under this section shall use such funds for programs that reduce the rate of juvenile students who are arrested and incarcerated for violations of school rules or policies, and any other activity that the Director determines will further the purpose described in section 601(b). ``SEC. 604. DEFINITIONS. ``In this title: ``(1) The term `school' means an elementary school or a secondary school as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(2) The term `school resource officer' has the meaning given such term in section 1709 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-8). ``(3) The term `local educational agency' has the meaning given such term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). ``(4) The term `juvenile student' means a juvenile who is enrolled in school. ``SEC. 605. AUTHORIZATION OF APPROPRIATIONS. ``There is authorized to be appropriated such sums as may be necessary for fiscal years 2017 and 2018 to carry out this title.''. SEC. 4. CONDITIONS FOR STATES TO RECEIVE ``COPS ON THE BEAT'' GRANTS. Section 1702(c) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) in paragraph (10), by striking ``and'' at the end; (2) in paragraph (11), by striking the period at the end and inserting ``; and''; and (3) by inserting after paragraph (11), the following new paragraph: ``(12) in the case of an applicant that is a State or unit of local government, provide assurances that-- ``(A) the administration of juvenile justice in the applicant's jurisdiction is consistent with any requirements of the United States Constitution and the 4th, 5th, and 14th amendments to the Constitution, including assurances that-- ``(i) before a juvenile is arrested, the arresting law enforcement officer must have probable cause specific to that juvenile; and ``(ii) juveniles who are arrested must receive adequate procedural due process, including-- ``(I) adequate and timely notice to the juvenile and the juvenile's guardian regarding any court proceedings related to the incident for which the juvenile was arrested; ``(II) representation by an attorney in any court proceeding as a result of which the juvenile could face incarceration; ``(III) protections against self- incrimination; and ``(IV) an opportunity to cross- examine any witness testifying against the juvenile; and ``(B) any contract governing the terms of probation for a juvenile shall not contain any clauses that-- ``(i) the juvenile cannot understand; and ``(ii) in the case of a juvenile student (as such term is defined in section 604 of the Juvenile Justice and Delinquency Prevention Act of 1974), could result in incarceration for violations of school rules or policies.''. SEC. 5. AUTHORITY FOR THE ATTORNEY GENERAL TO ACCESS CERTAIN RECORDS RELATING TO JUVENILE JUSTICE. Section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14141) is amended by adding at the end the following: ``(c) Access to Certain Records Relating to Juvenile Justice.--The Attorney General may issue subpoenas requiring the production of any documents relating to any matter which the Attorney General is authorized to investigate under subsection (a).''. SEC. 6. DEPARTMENT OF EDUCATION GRANT PROGRAM. (a) Program Authorized.--From the amounts appropriated to carry out this section, the Secretary of Education (acting through the Office of Civil Rights of the Department of Education) shall make grants to eligible entities to fund training for school personnel in elementary schools and secondary schools on de-escalation techniques to teach the personnel procedures and tactics to mitigate delinquent student behavior which may avoid a referral to law enforcement officials. (b) Application.--To receive a grant under this section, an eligible entity shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary may require, including information that demonstrates that the eligible entity-- (1) is fully compliant with all applicable Federal school discipline data reporting requirements, including, if applicable, the reporting requirements of section 618 of the Individuals with Disabilities Education Act of 1965 (20 U.S.C. 1418(a)); and (2) has provided complete information to all applicable data surveys of Department of Education, including the Office for Civil Rights. (c) Limitation.--An elementary school or secondary school may only receive assistance under this section during a grant period from 1 eligible entity receiving a grant under this section during the grant period. (d) Definitions.--For purposes of this section: (1) Eligible entity.--The term ``eligible entity'' means a State, unit of general local government, or juvenile justice agency. (2) General esea terms.--The terms ``elementary schools'', ``secondary schools'', and ``State'' have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) School personnel.--The term ``school personnel'' has the meaning given the term in section 4151 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7161). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2017 and 2018 to carry out this section. | Student Disciplinary Fairness Act of 2017 This bill amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish within the Department of Justice (DOJ) an Office of School and Discipline Policy to reduce the number of juveniles who are incarcerated and develop a criminal history based on activity that occurs at school. The bill amends the Omnibus Crime Control and Safe Streets Act of 1968 to require applicants for grants under the Community Oriented Policing Services program to provide assurances that the administration of juvenile justice in their jurisdictions is consistent with constitutional guarantees, including due process and equal protection, and that probation terms for a juvenile meet certain conditions. It amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize DOJ to issue subpoenas during investigations of law enforcement agencies for alleged patterns or practices of conduct that violate constitutional rights. Finally, the bill directs the Department of Education's Office of Civil Rights to make grants to states, local governments, and juvenile justice agencies to train teachers and administrators on de-escalation techniques to mitigate delinquent student behavior. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act''. SEC. 2. ESTABLISHMENT. There is established a commission known as the Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations (hereinafter in this Act referred to as the ``Commission''). SEC. 3. DUTIES. (a) In General.--The Commission shall-- (1) conduct a survey of the private sector to determine which Federal regulations are duplicative or impede competition; (2) conduct in-depth reviews of regulations promulgated by the executive agencies; (3)(A) review existing Government Accounting Office reports, Congressional Budget Office reports, Inspector General reports, and other existing governmental and nongovernmental recommendations for reducing duplicative or noncompetitive Federal regulations; and (B) based on the review conducted pursuant to subparagraph (A), periodically submit to the President and the Congress a report on those recommendations, with estimated savings, that the Commission determines are most significant, and include in the report a determination of whether such recommendations can be implemented by Executive order or whether it requires legislative action; and (4) submit to the President and the Congress recommendations for streamlining Federal regulations and reducing costs and unnecessary paperwork that result from such regulations for both the Federal Government and the private sector. (b) Particular Areas to Be Examined.--In fulfilling the duties required by (a), the Commission shall identify and address-- (1) opportunities for increased efficiency and reduced costs in regulations promulgated by the Federal Government that can be realized by executive action or legislation without jeopardizing safety or environmental quality; (2) specific reforms of the regulatory process that would yield savings, increase accountability and efficiency, and enhance public confidence in the regulatory process; and (3) specific areas in the Federal Government where potential savings would justify further study. SEC. 4. MEMBERSHIP. (a) Number and Appointment.--The membership of the Commission shall be as follows: (1) Thirteen members shall be appointed by the President from among individuals who are not officers or employees of a Federal, State, of local government and who are especially qualified to serve on the Commission by virtue of their education, training or experience. (2) The majority leader and minority leader of the Senate and the Speaker and minority leader of the House of Representatives may submit recommendations to the President concerning appointments to the Commission. (3) Not more than seven members of the Commission shall be of the same political party. (b) Continuation of Membership.--If a member of the Commission becomes an officer or employee of a Federal, State, or local government, such individual may continue as a member of the Commission for not longer than the thirty-day period beginning on the date such individual becomes such an officer or employee. (c) Appointment of Original Members.--Appointments shall be made within thirty days of enactment of this Act. (d) Terms.--Each member shall be appointed for the life of the Commission. (e) Vacancies.--A vacancy in the Commission shall be filled within thirty days in the manner in which the original appointment was made. (f) 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 subsidence, in accordance with sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--Five members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairperson.--The Chairperson of the Commission shall be elected by the members of the Commission from among the members. (i) Meetings.--The Commission shall meet at least once each month 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 Chairperson of the Commission and paid at a rate determined by the Commission. (b) Staff.--With the approval of the Commission, the Director of the Commission may appoint such personnel as the Director considers appropriate. 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. (b) Delegation of Authority.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Information.--The Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairperson of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Contractual 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). (e) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. SEC. 7. REPORTS. (a) Periodic Reports.--Pursuant to section 3(a)(3), the Commission shall issue periodic reports to the President and the Congress. (b) Final Report.--Not later than two years after the date of enactment of this Act, the Commission shall submit to the President and the Congress a final report setting forth the findings and conclusions of the Commission and specific recommendations for legislative and administrative actions that the Commission determines to be appropriate. SEC. 8. FUNDING. The Commission shall be funded, staffed and equipped, to the extent practicable and permitted by law, by the private sector without cost to the Federal Government. To accomplish this objective, it is expected that the Secretary of Commerce will engage in a joint project with a nonprofit organization, pursuant to the first section of Public Law 91- 412 (15 U.S.C. 1525) for the purpose of aiding the Commission in exercising its power and performing its duties under this Act. SEC. 9. TERMINATION. (a) In General.--Except as provided in subsection (b), the Commission shall terminate not later than the expiration of the thirty- day period beginning on the date on which the Commission submits its final report under section 7(b). (b) Extension of Life of Commission.--The President may extend the life of the Commission for a six month period beginning on the date on which the Commission terminates under subsection (a), and for successive six month periods thereafter. | Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations Act - Establishes the Blue Ribbon Commission to Eliminate Duplicative and Noncompetitive Federal Regulations. Requires the Commission to: (1) survey the private sector to determine which Federal regulations are duplicative or impede competition; (2) conduct in-depth reviews of regulations promulgated by executive agencies; (3) review existing General Accounting Office, Congressional Budget Office, and Inspector General reports and other governmental and nongovernmental recommendations for reducing duplicative or noncompetitive Federal regulations, and, based on such review, periodically report to the President and the Congress on those recommendations, with estimated savings, that the Commission determines are most significant; and (4) submit to the President and the Congress recommendations for streamlining Federal regulations and reducing costs and unnecessary paperwork that result from such regulations for both the Federal Government and the private sector. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Spending Reductions through Innovations in Therapies Agenda Act of 2012'' or the ``SPRINT Act''. SEC. 2. FINDINGS. Congress finds as follows: (1) Half of health care expenses in the United States are spent on 5 percent of the population. Many of the most expensive health conditions to treat are also the leading causes of death. (2) Improving a patient's quality of life by developing innovative treatments that improve health outcomes and lead to a cure will improve productivity in the United States, reduce government spending, and enhance public health. (3) More than a quarter of all Americans--and 2 out of 3 older Americans--have multiple chronic conditions, and treatment for these individuals accounts for 66 percent of the health care budget of the United States. (4) Alzheimer's disease and related dementias, for instance, have a disproportionate health and economic impact on patients, particularly those suffering from multiple chronic conditions. In 2004, Medicare payments per person for beneficiaries aged 65 and older with Alzheimer's disease and other dementias were almost 3 times as high as average Medicare payments for other Medicare beneficiaries in the same age group. In addition, Alzheimer's patients often depend on full- time at home or institutional care. Medicaid payments per person for Medicare beneficiaries aged 65 and older with Alzheimer's disease and other dementias were more than 9 times as great as average Medicaid payments for other Medicare beneficiaries in the same age group. (5) The Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) cover about 70 percent of the total costs of caring for people with Alzheimer's disease. In 2011, Medicare is expected to spend approximately $93,000,000,000 for the care of individuals with Alzheimer's disease and other dementias, and this amount is projected to increase to $627,000,000,000 in 2050. Medicaid costs are expected to increase nearly 400 percent, from $34,000,000,000 in 2011 to $178,000,000,000 in 2050. (6) Researchers believe sustained and targeted investment in outcomes oriented research for the leading causes of death will improve health treatments and make cures more obtainable. (7) The United States Government has, in the past, successfully addressed major research challenges by committing resources in high-risk and high-reward basic and applied research. SEC. 3. SPRINT PROGRAM. Part A of title II of the Public Health Service Act (42 U.S.C. 202 et seq.) is amended by adding at the end the following: ``SEC. 230. SPRINT PROGRAM. ``(a) Definitions.--In this section: ``(1) Advanced research and development.--The term `advanced research and development' means activities that predominantly are conducted after basic research through early clinical development of novel therapies, naturally occurring compounds, and repurposed or reformulated drugs, biological products, and devices in use to treat chronic conditions. ``(2) Biological product.--The term `biological product' has the meaning given such term in section 351. ``(3) Device; drug.--The terms `device' and `drug' have the meanings given such terms in section 201 of the Federal Food, Drug, and Cosmetic Act. ``(4) Early-stage company.--The term `early-stage company' means a business enterprise with a limited operating history, such as a start-up enterprise. ``(5) Federal health care program.--The term `Federal health care program' has the meaning given such term in section 1128B(f) of the Social Security Act. ``(6) Growth company.--The term `growth company' means a business enterprise that grows at a greater rate than the United States economy as a whole and that usually directs a relatively high proportion of income back into the business. ``(7) High-cost chronic condition.--The term `high-cost chronic condition' means a condition as determined by the Secretary under subsection (c)(1). ``(8) Therapy.--The term `therapy' means any drug, device, biological product, or diagnostic identified by the Secretary to treat, prevent, diagnose, delay-onset, cure, or aid recovery of a high-cost chronic condition. ``(b) Establishment of Program.--The Secretary shall establish the Spending Reductions through Innovations in Therapies Program (referred to in this section as the `SPRINT Program') to support development of therapies to reduce spending by Federal health care programs for high- cost chronic conditions. ``(c) High-Cost Chronic Conditions.-- ``(1) In general.--The Secretary shall determine the high- cost chronic conditions that shall be the focus of the SPRINT Program. In making such determination, the Secretary shall select chronic conditions, from the top 10 leading causes of death designated by the Centers for Disease Control and Prevention, that have-- ``(A) the highest current and projected cost to Federal health care programs and high long-term care costs; ``(B) a likelihood of reducing the day-to-day functioning of an individual and impairing the ability of the individual to carry out activities of daily living, which can result in the individual becoming dependent on caregivers; ``(C) a death rate that has increased and is projected to increase significantly in future years; and ``(D) a lack of existing therapies to prevent, control, or cure the condition or delay cognitive decline, if applicable. ``(2) Allocation.--In carrying out the SPRINT Program, the Secretary shall allocate funding towards the chronic conditions as determined in paragraph (1). ``(d) Goals.--The SPRINT Program shall be guided by national plans and strategies, as appropriate, and shall-- ``(1) accelerate advanced research and development of therapies for high-cost chronic conditions; and ``(2) encourage innovation in technologies that may assist advanced research and development to reduce the time and cost of therapy development. ``(e) Duties.--The Secretary shall carry out the following duties under this section: ``(1) Convene meetings and working groups with representatives from relevant industries, academia, other Federal agencies, States, patients, patient and consumer advocacy organizations, international agencies (as appropriate), and other interested persons as the Secretary deems necessary. ``(2) Ensure that the activities described in paragraph (1) are coordinated among agencies within the Department of Health and Human Services. ``(3) Partner with a nonprofit strategic investment entity or entities that will advise the Department of Health and Human Services regarding, and may make on behalf of such Department, investments in public entities, nonprofit entities, early-stage companies, or growth companies with expertise in advanced research and development of therapies for high-cost chronic conditions that can demonstrate a reasonable likelihood of reducing net spending under the Medicare program under title XVIII of the Social Security Act and the Medicaid program under title XIX of such Act within 10 years after the date of enactment of the Spending Reductions through Innovations in Therapies Agenda Act of 2012. ``(4) Award contracts, grants, cooperative agreements, or enter into other transactions, such as prize payments, to accelerate advanced research and development of therapies that have the potential to prevent, diagnose, delay-onset, cure, aid recovery, or improve health outcomes for high-cost chronic conditions, through the SPRINT Award Program under subsection (f). ``(5) Reduce the time and cost barriers between laboratory discoveries and clinical trials for therapies used to treat high-cost chronic conditions. ``(6) Facilitate innovative and expedited review by the Food and Drug Administration of the therapies developed under subsection (f), which may include-- ``(A) facilitating regular and ongoing communication between the sponsors of such drugs, devices, diagnostics, and biological products and the Food and Drug Administration regarding the status of activities related to such drugs, devices, diagnostics, and biological products; ``(B) ensuring that such activities are coordinated with the approval requirements of the Food and Drug Administration, with the goal of expediting the development and approval of therapies; and ``(C) developing regulatory science, processes, and mechanisms to provide clear, efficient pathways for developing and manufacturing therapies for high-cost chronic conditions. ``(f) SPRINT Award Program.-- ``(1) In general.--There is established a SPRINT Award Program, under which the Secretary may, in consultation or partnership with a nonprofit strategic investment entity, award contracts, grants, cooperative agreements, or enter into other transactions, such as prize payments, to support advanced research and the development of therapies, in order to carry out paragraphs (4) and (6) of subsection (e). Awards granted through the SPRINT Award Program shall be funded by the SPRINT Program. ``(2) Eligibility; application.-- ``(A) Eligibility.--To be eligible to receive an award under this section, an entity shall be a public, nonprofit, early stage company, or growth company, which may include a private or public research institution, an institution of higher education, a medical center, a biotechnology company, a pharmaceutical company, a medical device company, an academic research institution, or other organization specializing in advanced research and development, and shall submit an application to the Secretary as described in subparagraph (B). ``(B) Application.--An entity desiring an award under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, such as-- ``(i) a detailed description of the project for which the entity seeks an award; ``(ii) a timetable for carrying out such project; ``(iii) an assurance that the entity will submit interim reports and a final report at the conclusion of the award period, as determined appropriate by the Secretary under paragraph (3); ``(iv) a description of how the project will lead to the development of therapies aimed at preventing, curing, reversing, or slowing the progression of an underlying chronic condition; and ``(v) a description of how the project will support efforts to reduce long-term Federal spending on health care. ``(3) Awardee reporting requirements.--An entity that receives an award under this subsection shall submit reports to the Secretary which may include-- ``(A) interim reports describing the progress in carrying out the project and compliance with all conditions of receipt of such award; ``(B) a final report at the conclusion of the award period describing-- ``(i) the outcomes of the project, including whether the entity achieved the goals set forth in the application; ``(ii) the protocols the entity followed to carry out the research and comply with the research and ethical standards of the National Institutes of Health, if applicable; and ``(iii) the standards and regulatory requirements of the Food and Drug Administration at all stages of development, manufacturing, review, approval, and safety surveillance, if applicable; and ``(C) such additional information required by the Secretary. ``(4) Termination of funding.--The Secretary may modify or terminate a contract, grant, cooperative agreement, other transaction, or prize to an awardee that does not meet milestones that are conditions of the contract, grant, cooperative agreement, other transaction, or prize. ``(5) Consultation with nonprofit strategic investment entity.--In making awards under this subsection, the Secretary may consult or partner with a nonprofit strategic investment entity or entities that-- ``(A) operate independently of the Department of Health and Human Services and consist of experts in neurology, biomedical research, drug and medical technology innovation and discovery, economics, and venture financing; and ``(B) have a record of-- ``(i) promoting the development of therapies; and ``(ii) supporting novel technologies that have the potential to improve the development of therapies. ``(6) Matching funds.-- ``(A) In general.--The Secretary may not make an award under this section unless the recipient involved agrees to make available non-Federal contributions, in cash or in-kind, toward the costs of the project in an amount equal to not less than $2 for each $1 of Federal funds provided in the award. Such contributions may be made directly or through donations from public or private entities. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such contributions. ``(B) Exception.--The Secretary may waive or modify the matching requirement under subparagraph (A) on a case-by-case basis for each award if the Secretary determines that the goals and objectives of the SPRINT Award Program cannot adequately be carried out unless such requirement is waived. ``(g) Non-Duplication of Efforts.--The Secretary shall ensure that the activities under this section complement and extend other efforts of the Department of Health and Human Services. ``(h) Gifts in Support of the SPRINT Award Program.--The Secretary may accept on behalf of the United States money gifts and bequests made unconditionally to the SPRINT Award Program under subsection (f) for the benefit of the Award Program or any activity financed through such Award Program. ``(i) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $50,000,000 for fiscal year 2013, and such sums as may be necessary for each of fiscal years 2014 through 2017. Funds appropriated under this section shall be available until expended.''. SEC. 4. EVALUATION AND REPORT. (a) Evaluation.--The Secretary of Health and Human Services shall evaluate the projects funded under section 230 of the Public Health Service Act (as added by section 3) as necessary and shall make publicly available and disseminate the results of such evaluations on as wide a basis as practicable. (b) Reports.--Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary of Health and Human Services shall submit to Congress a report that-- (1) describes the specific projects supported under section 230 of the Public Health Service Act (as added by section 3) and progress towards meeting science-based metrics; (2) provides recommendations for Congress to improve the effectiveness of the programs under such section 230; (3) explains why the Secretary waived or modified matching funds requirements for an award under subsection (f) of such section 230, if applicable; and (4) describes how advanced research and development supported through the SPRINT Program under such section 230 is directed towards reducing Federal spending on high-cost chronic conditions (as defined in such section). | Spending Reductions through Innovations in Therapies Agenda Act of 2012 or the SPRINT Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services (HHS) to establish the Spending Reductions through Innovations in Therapies Program (SPRINT Program) to support development of therapies to reduce spending by federal health care programs for high-cost chronic conditions. Requires the Program to: (1) accelerate advanced research and development of such therapies, and (2) encourage innovation in technologies that may assist such research to reduce the time and cost of therapy development. Requires the Secretary to select the high-cost chronic conditions that shall be the focus of the Program from conditions among the top 10 leading causes of death designated by the Centers for Disease Control and Prevention (CDC) that have: (1) the highest current and projected cost to federal health care programs and high long-term care costs; (2) a likelihood of impairing the ability of an individual to carry out activities of daily living, which can result in the individual becoming dependent on caregivers; (3) a death rate that has increased and is projected to increase significantly in future years; and (4) a lack of existing therapies to prevent, control, or cure the condition or delay cognitive decline. Sets forth the duties of the Secretary, including to: (1) partner with certain nonprofit strategic investment entities, (2) reduce the time and cost barriers between laboratory discoveries and clinical trials for therapies used to treat high-cost chronic conditions, and (3) facilitate innovative and expedited review by the Food and Drug Administration (FDA) of the therapies developed. Establishes a SPRINT Award Program, under which the Secretary may award contracts or grants to public, nonprofit, early stage companies or growth companies to support advanced research and the development of therapies. Sets forth matching fund requirements. Requires the Secretary to evaluate projects funded. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Care Lending Pilot Act of 2009''. SEC. 2. DEFINITIONS. In this Act-- (1) the terms ``Administration'' and ``Administrator'' mean the Small Business Administration and the Administrator thereof, respectively; (2) the term ``program'' means the loan program under section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act; (3) the term ``small business concern'' has the meaning given the term ``small-business concern'' in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662); and (4) the term ``State'' has the meaning given that term in section 103 of the Small Business Investment Act of 1958 (15 U.S.C. 662). SEC. 3. CHILD CARE LENDING PILOT PROGRAM. (a) In General.--Section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) is amended-- (1) in the matter preceding paragraph (1)-- (A) by striking ``The Administration may, in addition to its'' and inserting the following: ``(a) Authorization.--The Administration may, in addition to the''; (B) by striking ``and such loans'' and inserting ``. Such loans''; and (C) by striking ``: Provided, however, That the foregoing powers shall be subject to the following restrictions and limitations:'' and inserting a period; (2) by inserting before paragraph (1) the following: ``(b) Restrictions and Limitations.--The authority under subsection (a) shall be subject to the following restrictions and limitations:''; and (3) in subsection (b)(1), as so designated-- (A) by striking ``The proceeds'' and inserting the following: ``(A) In general.--The proceeds''; (B) by striking ``such loan'' and inserting ``loan described in subsection (a)''; and (C) by adding at the end the following: ``(B) Loans to small, nonprofit child care businesses.-- ``(i) In general.--Notwithstanding paragraph (1), the proceeds of any loan described in subsection (a) may be used by a development company to assist a small, nonprofit child care business, if-- ``(I) the loan is used for a sound business purpose that has been approved by the Administrator; ``(II) the small, nonprofit child care business meets all of the eligibility requirements applicable to for-profit businesses under this title, except for status as a for-profit business; ``(III) 1 or more individuals has personally guaranteed the loan; ``(IV) the small, nonprofit child care business has clear and singular title to the collateral for the loan; and ``(V) the small, nonprofit child care business has sufficient cash flow from the operations of the business to meet the obligations on the loan and the normal and reasonable operating expenses of the business. ``(ii) Limitation on volume.--Not more than 7 percent of the total number of loans guaranteed in any fiscal year under this title may be used for purposes described in this subparagraph. ``(iii) Definition.--In this subparagraph, the term `small, nonprofit child care business' means an establishment that-- ``(I) is organized in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; ``(II) is primarily engaged in providing child care for infants, toddlers, pre-school, or pre- kindergarten children (or any combination thereof), and may provide care for older children when the children are not in school and offer pre-kindergarten educational programs; ``(III) including its affiliates, has-- ``(aa) a tangible net worth of not more than $7,000,000; and ``(bb) an average net income (excluding any carryover losses) for the 2 completed fiscal years before the date of the application of not more than $2,500,000; and ``(IV) is licensed as a child care provider by the State in which the establishment is located.''. (b) Sunset.-- (1) In general.--Effective October 1, 2012, section 502(b)(1) of the Small Business Investment Act of 1958 (15 U.S.C. 696(b)(1)) is amended-- (A) by striking subparagraph (B); and (B) by striking ``Use of proceeds.--'' and all that follows through ``The proceeds'' and inserting ``Use of proceeds.--The proceeds''. (2) Applicability.--Notwithstanding paragraph (1), section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act, shall apply to any loan authorized under that subparagraph that is applied for, approved, or disbursed during the period beginning on the date of enactment of this Act and ending on September 30, 2012. SEC. 4. REPORTS. (a) Small Business Administration.-- (1) In general.--Not later than 6 months after the date of enactment of this Act, and every 6 months thereafter until March 31, 2013, the Administrator shall submit a report on the implementation of the program to-- (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (2) Contents.--Each report under paragraph (1) shall contain-- (A) the date on which the program is implemented; (B) the date on which the rules are issued under section 5; and (C) the number and dollar amount of loans under section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) applied for, approved, and disbursed during the 6-month period before the date of the report-- (i) to assist nonprofit child care businesses under the program; and (ii) to assist for-profit child care businesses. (b) Government Accountability Office.-- (1) In general.--Not later than March 31, 2012, the Comptroller General of the United States shall submit a report on the program to-- (A) the Committee on Small Business and Entrepreneurship of the Senate; and (B) the Committee on Small Business of the House of Representatives. (2) Contents.--The report under paragraph (1) shall contain information gathered during the first 2 years of the program, including-- (A) an evaluation of the timeliness of the implementation of the program; (B) a description of the effectiveness and ease with which development companies, lenders, and small business concerns have participated in the program; (C) a description and assessment of how the program was marketed; (D) the number of small child care businesses in each State and in the United States, categorized by status as a for-profit or nonprofit business, that-- (i) applied for a loan under section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696) (and, for each such business, whether the business was a new or expanding small child care business; (ii) were approved for a loan under section 502 of that Act; and (iii) received a loan disbursement under section 502 of that Act (and, for each such business, whether the business was a new or expanding small child care business); and (E) categorized by status as a for-profit or nonprofit business-- (i) with respect to small child care businesses described under subparagraph (D)(iii), the number of such businesses in each State, as of the year of enactment of this Act; (ii) the total amount loaned to small child care businesses under section 502 of the Small Business Investment Act of 1958 (15 U.S.C. 696); (iii) the total number of loans to small child care businesses under section 502 of that Act; (iv) the average amount and term of loans to small child care businesses under section 502 of that Act; (v) the currency rate, delinquencies, defaults, and losses of loans to small child care businesses under section 502 of that Act; (vi) the number and percent of children who receive subsidized assistance that are served using a loan to a small child care business under section 502 of that Act; and (vii) the number and percent of children who are low income that are served using a loan to a small child care business under section 502 of that Act. (3) Access to information.-- (A) In general.--The Administrator shall collect and maintain such information as may be necessary to carry out this subsection from development companies and small child care businesses, and such companies and businesses shall comply with a request for information from the Administration for that purpose. (B) Provision of information to government accountability office.--The Administration shall provide information collected under this paragraph to the Comptroller General of the United States for purposes of the report required under this subsection. SEC. 5. RULEMAKING AUTHORITY. Not later than 120 days after the date of enactment of this Act, the Administrator shall issue final rules to carry out the loan program authorized under section 502(b)(1)(B) of the Small Business Investment Act of 1958, as added by this Act. | Child Care Lending Pilot Act of 2009 - Amends the Small Business Investment Act of 1958 to allow proceeds of loans made through the Small Business Administration (SBA) to be used by certified local development companies to assist a small, nonprofit child care business if: (1) the loan is used for a sound business purpose approved by the SBA; (2) each business meets eligibility requirements applicable to for-profit businesses; (3) one or more individuals has personally guaranteed the loan; (4) each business has clear title to the collateral for the loan; and (5) each business has sufficient cash flow to meet loan obligations and reasonable operating expenses. Prohibits more than 7% of the total number of loans guaranteed in any fiscal year for certified development companies from being awarded under such program. |
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