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SECTION 1. MODIFICATION OF AUTHORITIES FOR STATE APPROVING AGENCIES. (a) Technical Amendment to Scope of Approval.--Section 3670 of title 38, United States Code, is amended-- (1) by striking subsection (b); and (2) in subsection (a), by striking ``(a)''. (b) Modification of Provisions Relating to Approval of Courses.-- (1) Modification of requirement that standards for programs of apprenticeship be approved under the national apprenticeship act.--Subsection (c)(1)(A) of section 3672 of such title is amended by striking ``pursuant to section 2 of the Act of August 16, 1937 (popularly known as the `National Apprenticeship Act') (29 U.S.C. 50a),''. (2) Modification of requirement to promote development of apprenticeship programs.--Subsection (d) of such section is amended-- (A) in paragraph (1)-- (i) by striking ``and State approving agencies''; and (ii) by striking ``shall utilize the services of'' and inserting ``may utilize the services of State approving agencies and''; and (B) in paragraph (2), by striking ``shall'' and inserting ``may''. (3) Modification of requirements relating to approval of program of education exclusively by correspondence.--Subsection (e) of such section is amended by striking ``only if'' and all that follows through the period and inserting ``under such criteria as the Secretary prescribes pursuant to section 3675.''. (c) Restatement of Requirement for Coordination of Approval Activities.-- (1) In general.--Subsection (a) of section 3673 of such title is amended to read as follows: ``(a) In General.--The Secretary shall take appropriate measures to ensure the coordination of approval activities performed by State approving agencies under this chapter and chapters 34 and 35 of this title and approval activities performed by the Department of Labor, the Department of Education, and other entities to reduce overlap and improve efficiency with respect to the activities.''. (2) Conforming amendments.--Such section is further amended-- (A) in subsection (b), by inserting ``Furnishing Materials.--'' before ``The Secretary''; and (B) in the heading by striking ``Cooperation'' and inserting ``Coordination of approval activities''. (3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3673 and inserting the following: ``3673. Coordination of approval activities.''. (d) Additional Discretion for the Secretary of Veterans Affairs for Reimbursing State Approving Agencies for Expenses.--Section 3674 of such title is amended to read as follows: ``Sec. 3674. Reimbursement of expenses ``(a) In General.--(1) Subject to subsections (b) and (c), the Secretary is authorized to enter into contracts or agreements with State and local agencies to pay such State and local agencies for reasonable and necessary expenses of salary and travel incurred by employees of such agencies and an allowance for administrative expenses in accordance with such criteria as the Secretary determines appropriate for activities performed pursuant to this chapter for purposes of chapters 30 through 35 of this title and chapters 1606 and 1607 of title 10. ``(2) Each such contract or agreement shall be conditioned upon such terms and conditions as the Secretary determines appropriate for services performed pursuant to this chapter, including the condition that the State approving agency shall collect and report annually to the Secretary, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives information on-- ``(A) the amount of resources expended on such services performed pursuant to that contract; and ``(B) the qualification and performance standards for State approving agency personnel responsible for such services. ``(b) Source of Payments.--Subject to subsection (c), the Secretary shall make payments authorized under subsection (a) to State and local agencies first out of amounts available for the payment of readjustment benefits and then from other amounts made available to make the payments. ``(c) Limitation on Authorization of Appropriations.--(1) The total amount authorized and available under this section for any fiscal year may not exceed $19,000,000, except that the total amount made available for purposes of this section from amounts available for the payment of readjustment benefits may not exceed the following: ``(A) $19,000,000 for fiscal year 2007. ``(B) $13,000,000 for fiscal year 2008, and each subsequent fiscal year. ``(2) For any fiscal year in which the total amount that would be made available under this section would exceed the amount applicable to that fiscal year under paragraph (1) except for the provisions of this subsection, the Secretary shall provide that each agency shall receive the same percentage of the amount applicable to that fiscal year under paragraph (1) as the agency would have received of the total amount that would have been made available without the limitation of this subsection.''. (e) Evaluations of Agency Performance; Qualifications and Performance of Agency Personnel.--Section 3674A of such title is amended-- (1) by striking subsection (b); (2) in subsection (a), by striking ``(a)''; (3) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (4) by inserting before paragraph (2), as redesignated by paragraph (3) of this subsection, the following new paragraph (1): ``(1) establish performance measures-- ``(A) to assess the effectiveness of all services for which a State approving agency is reimbursed pursuant to section 3674 of this title that are based on the outcomes of the services; and ``(B) to assess the effectiveness of the State approving agency in coordinating with other entities, including the Department of Labor and the Department of Education, to reduce overlap and improve efficiency in approval activities;''; (5) by amending paragraph (2), as redesignated by paragraph (3) of this subsection, to read as follows: ``(2) conduct an annual evaluation of each State approving agency on the basis of the performance measures established under paragraph (1);''; and (6) in paragraph (3), as redesignated by paragraph (3) of this subsection, by striking ``under paragraph (1)'' and inserting ``under paragraph (2)''. (f) Approval of Courses.-- (1) In general.--Section 3675 of such title is amended to read as follows: ``Sec. 3675. Approval of courses ``(a) Standards.--The Secretary shall establish standards of approval for accredited and nonaccredited courses offered by an educational institution that the Secretary determines are necessary to carry out the provisions of this chapter. Such standards shall be based on the following, as appropriate: ``(1) Student achievement. ``(2) Curricula, program objectives, and faculty. ``(3) Facilities, equipment, and supplies. ``(4) Institutional objectives, capacity, and administration. ``(5) Student support services. ``(6) Recruiting and admissions practices. ``(7) Record of student complaints. ``(8) Process related requirements, such as application requirements. ``(9) Such other criteria as the Secretary considers appropriate. ``(b) Approval.--A State approving agency may approve courses offered by an educational institution when the standards established under subsection (a) have been satisfied by such educational institution. In performing such approval function, the State approving agency may, to the extent permitted by the Secretary, rely upon determinations made by other entities, including the Department of Labor and the Department of Education. ``(c) Disapproval.--Approval granted under this section may be revoked by the Secretary or a State approving agency under conditions established by the Secretary.''. (2) Conforming amendment.--Section 3452(h) of such title is amended by striking ``an entrepreneurship course (as defined in section 3675(c)(2) of this title)'' and inserting ``a non- degree, non-credit course of business education that enables or assists a person to start or enhance a small business concern (as defined pursuant to section 3(a) of the Small Business Act (15 U.S.C. 362(a)))''. (3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item related to section 3675 and inserting the following new item: ``3675. Approval of courses.''. (g) Modification of Provisions Relating to Approval of Nonaccredited Courses.-- (1) In general.--Section 3676 of such title is repealed. (2) Conforming amendments.--(A) Section 3677 of such title is redesignated as section 3676. (B) Section 3672(d)(1) of such title is amended by striking ``sections 3677'' and inserting ``sections 3676''. (C) Section 3687(a)(2) of such title is amended by striking ``section 3677'' and inserting ``section 3676''. (3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3676 and inserting the following: ``3676. Approval of training on the job.''. (h) Notice of Approval.-- (1) In general.--Section 3678 of such title is amended to read as follows: ``SEC. 3677. NOTICE OF DETERMINATIONS BY STATE APPROVING AGENCIES. ``A State approving agency shall provide to the Secretary, an educational institution, or such other entities as the Secretary considers appropriate such notification as the Secretary may consider necessary regarding determinations made by the State approving agency pursuant to section 3675 of this title.''. (2) Conforming amendment.--Section 3689(d) of such title is amended by striking ``3678'' and inserting ``3677''. (3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the items relating to section 3677 and 3678 and inserting the following: ``3677. Notice of determinations by State approving agencies.''. (i) Modification of Provisions Relating to Disapproval of Courses.-- (1) In general.--Section 3679 of such title is repealed. (2) Conforming amendment.--Section 3689(d) of such title is amended by striking ``3679,''. (3) Clerical amendment.--The table of sections at the beginning of chapter 36 of such title is amended by striking the item relating to section 3679. (j) Effective Date.--The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this section. | Revises provisions concerning Department of Veterans Affairs (VA) use of state approving agencies (agencies) for approving courses of education for veterans under the Montgomery GI Bill veterans' educational assistance program. Authorizes (current law requires) the Secretary of Veterans Affairs to promote the development of veterans' apprenticeship and on-job training programs. Authorizes the Secretary to determine the criteria and contract conditions for reimbursing agencies for salary and travel costs incurred on behalf of the VA, including the condition that the agencies report annually to the Secretary and the congressional veterans' committees on resources expended and personnel qualification and performance standards. Limits the annual authorized amount for the VA for such expenses. Requires the Secretary to establish performance measures to assess the effectiveness of agencies in: (1) the services for which they are reimbursed; and (2) coordinating with other entities to reduce overlap and improve efficiency in approval activities. Requires the Secretary to establish standards of approval for accredited and nonaccredited courses offered by an educational institution, based on specified measures. Authorizes an agency, in approving courses for which such standards have been met, to rely upon determinations made by other entities, including the Departments of Labor and Education. Allows approval to be revoked by the Secretary or the agency, under conditions established by the Secretary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Caring for Children Act''. TITLE I--CHILD CARE TRAINING THROUGH DISTANCE LEARNING SEC. 101. GRANTS FOR THE DEVELOPMENT OF A CHILD CARE TRAINING INFRASTRUCTURE. (a) Authority to Award Grants.--The Secretary of Health and Human Services shall award grants to eligible entities to develop distance learning child care training technology infrastructures and to develop model technology-based training courses for child care providers and child care workers, to be provided through distance learning programs made available through the infrastructure. The Secretary shall, to the maximum extent possible, ensure that such grants are awarded in those regions of the United States with the fewest training opportunities for child care providers. (b) Eligibility Requirements.--To be eligible to receive a grant under subsection (a), an entity shall-- (1) develop the technological and logistical aspects of the infrastructure described in this section and have the capability of implementing and maintaining the infrastructure; (2) to the maximum extent possible, develop partnerships with secondary schools, institutions of higher education, State and local government agencies, and private child care organizations for the purpose of sharing equipment, technical assistance, and other technological resources, including-- (A) developing sites from which individuals may access the training; (B) converting standard child care training courses to programs for distance learning; and (C) promoting ongoing networking among program participants; and (3) develop a mechanism for participants to-- (A) evaluate the effectiveness of the infrastructure, including the availability and affordability of the infrastructure, and the training offered through the infrastructure; and (B) make recommendations for improvements to the infrastructure. (c) Application.--To be eligible to receive a grant under subsection (a), an entity shall submit an application to the Secretary at such time and in such manner as the Secretary may require, and that includes-- (1) a description of the partnership organizations through which the distance learning programs will be made available; (2) the capacity of the infrastructure in terms of the number and type of distance learning programs that will be made available; (3) the expected number of individuals to participate in the distance learning programs; and (4) such additional information as the Secretary may require. (d) Limitation on Fees.--No entity receiving a grant under this section may collect fees from an individual for participation in a distance learning program funded in whole or in part under this section that exceed the pro rata share of the amount expended by the entity to provide materials for the program and to develop, implement, and maintain the infrastructure (minus the amount of the grant awarded under this section). (e) Rule of Construction.--Nothing in this section shall be construed as requiring a child care provider to subscribe to or complete a distance learning program made available under this section. SEC. 102. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $50,000,000 for each of fiscal years 2006 through 2010. TITLE II--REMOVAL OF BARRIERS TO INCREASING THE SUPPLY OF QUALITY CHILD CARE SEC. 201. SMALL BUSINESS CHILD CARE GRANT PROGRAM. (a) Establishment.--The Secretary of Health and Human Services (referred to in this section as the ``Secretary'') shall establish a program to award grants to States, on a competitive basis, to assist States in providing funds to encourage the establishment and operation of employer operated child care programs. (b) Application.--To be eligible to receive a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the funds required under subsection (e) will be provided. (c) Amount of Grant.--The Secretary shall determine the amount of a grant to a State under this section based on the population of the State as compared to the population of all States receiving grants under this section. (d) Use of Funds.-- (1) In general.--A State shall use amounts provided under a grant awarded under this section to provide assistance to small businesses located in the State to enable the small businesses to establish and operate child care programs. Such assistance may include-- (A) technical assistance in the establishment of a child care program; (B) assistance for the startup costs related to a child care program; (C) assistance for the training of child care providers; (D) scholarships for low-income wage earners; (E) the provision of services to care for sick children or to provide care to school aged children; (F) the entering into of contracts with local resource and referral or local health departments; (G) assistance for care for children with disabilities; or (H) assistance for any other activity determined appropriate by the State. (2) Application.--To be eligible to receive assistance from a State under this section, a small business shall prepare and submit to the State an application at such time, in such manner, and containing such information as the State may require. (3) Preference.-- (A) In general.--In providing assistance under this section, a State shall give priority to applicants that desire to form a consortium to provide child care in a geographic area within the State where such care is not generally available or accessible. (B) Consortium.--For purposes of subparagraph (A), a consortium shall be made up of 2 or more entities that may include businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. (4) Limitation.--With respect to grant funds received under this section, a State may not provide in excess of $250,000 in assistance from such funds to any single applicant. (e) Matching Requirement.--To be eligible to receive a grant under this section a State shall provide assurances to the Secretary that, with respect to the costs to be incurred by an entity receiving assistance in carrying out activities under this section, the entity will make available (directly or through donations from public or private entities) non-Federal contributions to such costs in an amount equal to-- (1) for the first fiscal year in which the entity receives such assistance, not less than 50 percent of such costs ($1 for each $1 of assistance provided to the entity under the grant); (2) for the second fiscal year in which the entity receives such assistance, not less than 66\2/3\ percent of such costs ($2 for each $1 of assistance provided to the entity under the grant); and (3) for the third fiscal year in which the entity receives such assistance, not less than 75 percent of such costs ($3 for each $1 of assistance provided to the entity under the grant). (f) Requirements of Providers.--To be eligible to receive assistance under a grant awarded under this section a child care provider shall comply with all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect in the State. (g) State-Level Activities.--A State may not retain more than 3 percent of funds for State administration and other State-level activities. (h) Administration.-- (1) State responsibility.--A State shall have responsibility for administering a grant awarded for the State under this section and for monitoring entities that receive assistance under such grant. (2) Audits.--A State shall require each entity receiving assistance under the grant awarded under this section to conduct an annual audit with respect to the activities of the entity. Such audits shall be submitted to the State. (3) Misuse of funds.-- (A) Repayment.--If the State determines, through an audit or otherwise, that an entity receiving assistance under a grant awarded under this section has misused the assistance, the State shall notify the Secretary of the misuse. The Secretary, upon such a notification, may seek from such an entity the repayment of an amount equal to the amount of any such misused assistance plus interest. (B) Appeals process.--The Secretary shall by regulation provide for an appeals process with respect to repayments under this paragraph. (i) Reporting Requirements.-- (1) 2-year study.-- (A) In general.--Not later than 2 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine-- (i) the capacity of entities to meet the child care needs of communities within States; (ii) the kinds of partnerships that are being formed with respect to child care at the local level to carry out programs funded under this section; and (iii) who is using the programs funded under this section and the income levels of such individuals. (B) Report.--Not later than 28 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (2) 4-year study.-- (A) In general.--Not later than 4 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine the number of child care facilities funded through entities that received assistance through a grant awarded under this section that remain in operation and the extent to which such facilities are meeting the child care needs of the individuals served by such facilities. (B) Report.--Not later than 52 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in accordance with subparagraph (A). (j) Definition.--In this section, the term ``small business'' means an employer who employed an average of at least 2 but not more than 50 employees on business days during the preceding calendar year. (k) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated to carry out this section, $50,000,000 for the period of fiscal years 2006 through 2010. (2) Evaluations and administration.--With respect to the total amount appropriated for such period in accordance with this subsection, not more than $2,500,000 of that amount may be used for expenditures related to conducting evaluations required under, and the administration of, this section. (l) Termination of Program.--The program established under subsection (a) shall terminate on September 30, 2011. | Caring for Children Act - Directs the Secretary of Health and Human Services to award grants to eligible entities to develop: (1) distance learning child care training technology infrastructures; and (2) model technology-based training courses for child care providers and child care workers, to be provided through distance learning programs made available through the infrastructure. Requires, to the maximum extent possible, that such grants be awarded in regions with the fewest training opportunities for child care providers. Directs the Secretary to establish a demonstration program of competitive grants to States to help them provide funds to encourage the establishment and operation of small business employer-operated child care programs. Requires a State to give priority for such assistance to applicants that desire to form a consortium to provide child care in an area where such care is not generally available or accessible. Allows such consortia to include businesses, nonprofit agencies or organizations, local governments, or other appropriate entities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``SNAP Education and Outreach Act of 2009''. SEC. 2. GRANTS TO IMPROVE OUTREACH AND ENROLLMENT FOR THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM. (a) Outreach and Enrollment Grants; National Campaign.-- (1) In general.--From the amounts appropriated under subsection (g), subject to paragraph (2), the Secretary of Agriculture shall award grants to eligible entities during the period of fiscal years 2010 through 2014 to conduct outreach, enrollment, and renewal assistance efforts that are designed to increase the enrollment and participation of eligible individuals and families under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008. (2) Ten percent set aside for national enrollment campaign.--An amount equal to 10 percent of such amounts shall be used by the Secretary for expenditures during such period to carry out a national enrollment campaign in accordance with subsection (h). (b) Priority for Award of Grants.-- (1) In general.--In awarding grants under subsection (a), the Secretary shall give priority to eligible entities that-- (A) propose to target geographic areas with high rates of-- (i) eligible but unenrolled individuals; or (ii) racial and ethnic minorities, including those proposals that address cultural and linguistic barriers to enrollment; who are not participating in the supplemental nutrition assistance program; or (B) propose to target-- (i) households containing elderly or disabled individuals to expand access to nutrition; (ii) families with children with special coordination with both the special supplemental nutrition assistance program for women, infants, and children (WIC) and the school nutrition program to ensure seamlessness; (iii) homeless populations, including both sheltered and nonsheltered families and individuals; (iv) persons applying for or receiving unemployment benefits; (v) families with physically or mentally disabled children in the household (including families whose children receive Medicaid under a State plan waiver); (vi) special attention to working families with children in the household who attend day care programs; (vii) recipients or applicants seeking or receiving training for employment or advancement to reduce or eliminate dependency; or (viii) applicants and recipients of disability benefits from government agencies; (C) encourage supplemental nutrition assistance program enrollees participation in nutrition education programs; or (D) provide case management assistance through the application process; and (2) Outreach.--Submit the most demonstrable evidence required under paragraphs (1) and (2) of subsection (c). (c) Application.--An eligible entity that desires to receive a grant under subsection (a) shall submit an application to the Secretary in such form and manner, and containing such information, as the Secretary determines to be appropriate. Such application shall include-- (1) evidence demonstrating that the entity includes members who have access to, and credibility with, ethnic or low-income populations in the communities in which activities funded under the grant are to be conducted; (2) evidence demonstrating that the entity has the ability to address barriers to enrollment, including a lack of knowledge of eligibility criteria, stigma concerns, or other barriers to applying for and receiving governmental food assistance and nutrition education; (3) specific quality or outcomes performance measures to evaluate the effectiveness of activities funded by a grant awarded under this section; and (4) an assurance that the eligible entity shall-- (A) conduct an assessment of the effectiveness of such activities against the performance measures; (B) cooperate with the collection and reporting of enrollment data and other information in order for the Secretary to conduct such assessments; (C) in the case of an eligible entity that is not the State or a State agency, provide the State with enrollment data and other information as necessary for the State to make necessary projections of eligible individuals and families; and (D) provide an assessment of legislative and administrative barriers to increasing eligible enrollment and recommendations for improvement. (d) Dissemination of Enrollment Data and Information Determined From Effectiveness Assessments; Annual Report.--The Secretary shall-- (1) make publicly available the enrollment data and information collected and reported in accordance with subsection (c)(4)(B); (2) make publicly available and provide to the grantee the approval rate for applications submitted by the targeted population (whether geographic and or demographic in nature) and specifically those applications submitted through the grantee; and (3) submit an annual report to Congress on the outreach and enrollment activities conducted with funds appropriated under this section. This report shall also contain a compiling of the assessments required under subsection (c)(4)(D) along with the Secretary's findings and legislative suggestions to maximize eligible enrollment. (e) No Match Required for Any Eligible Entity Awarded a Grant.--No eligible entity awarded a grant under subsection (a) shall be required to provide any matching funds as a condition for receiving the grant. (f) Definitions.--In this section: (1) Eligible entity.--The term ``eligible entity'' means any of the following: (A) A State with an approved supplemental nutrition assistance plan under the Food and Nutrition Act of 2008. (B) A local government or State agency. (C) An Indian tribe or tribal consortium, a tribal organization, an urban Indian organization receiving funds under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.), or an Indian Health Service provider. (D) A Federal health safety net organization. (E) A national, State, local, or community-based public or nonprofit private organization, including organizations that use community health workers or community-based doula programs. (F) A faith-based organization or consortum, to the extent that a grant awarded to such an entity is consistent with the requirements of section 1955 of the Public Health Service Act (42 U.S.C. 300x-65) relating to a grant award to nongovernmental entities. (2) Federal health safety net organization.--The term ``Federal health safety net organization'' means-- (A) a federally qualified health center (as defined in section 1905(l)(2)(B)) of the Social Security Act; (B) a hospital defined as a disproportionate share hospital for purposes of section 1923 of the Social Security Act; (C) a covered entity described in section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)); and (D) any other entity or consortium that serves children under a federally funded program, including the special supplemental nutrition program for women, infants, and children (WIC) established under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), Head Start and Early Head Start programs under the Head Start Act (42 U.S.C. 9801 et seq.), the school lunch program established under the Richard B. Russell National School Lunch Act, and an elementary or secondary school. (3) Indians; indian tribe; tribal organization; urban indian organization.--The terms ``Indian'', ``Indian tribe'', ``tribal organization'', and ``urban Indian organization'' have the meanings given such terms in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603). (4) Community health worker.--The term ``community health worker'' means an individual who promotes health or nutrition within the community in which the individual resides-- (A) by serving as a liaison between communities and health care agencies; (B) by providing guidance and social assistance to community residents; (C) by enhancing community residents' ability to effectively communicate with health care providers; (D) by providing culturally and linguistically appropriate health or nutrition education; (E) by advocating for individual and community health or nutrition needs; and (F) by providing referral and followup services. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (g) Authorization.--There is authorized $100,000,000 for the period of fiscal years 2010 through 2014, for the purpose of awarding grants under this section. (h) National Enrollment Campaign.--From the amounts made available under subsection (a)(2), the Secretary shall develop and implement a national enrollment campaign to improve the eligible enrollment of underserved populations in the supplemental nutrition assistance program. Such campaign may include-- (1) the establishment of partnerships with the Secretary and other Federal agencies that are conducting similar national efforts that would contain significant overlapping of target populations; (2) the integration of this program and other Department of Agriculture efforts to increase supplemental nutrition assistance program enrollment percentage; (3) increased financial and technical support for enrollment hotlines maintained by the Secretary to ensure that all States participate in such hotlines; (4) the development of special outreach materials for Native Americans or for individuals with limited English proficiency; and (5) such other outreach initiatives as the Secretary determines would increase public awareness of the supplemental nutrition assistance program. | SNAP Education and Outreach Act of 2009 - Directs the Secretary of Agriculture to provide grants to eligible entities for outreach and enrollment efforts to increase supplemental nutrition assistance program participation. Obligates 10% of such amounts for a national enrollment campaign. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family and Medical Leave Enhancement Act of 2001''. SEC. 2. ELIGIBLE EMPLOYEE. Section 101(2)(B)(ii) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(2)(B)(ii)) is amended by striking ``less than 50'' each place it occurs and inserting ``fewer than 25''. SEC. 3. ADDITIONAL LEAVE FOR PARENTAL INVOLVEMENT. (a) Leave Requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(3) Entitlement to additional leave for parental involvement.-- ``(A) In general.--Subject to section 103(f), in addition to leave available under paragraph (1), an eligible employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) Definitions.--As used in this paragraph: ``(i) School.--The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law. ``(ii) Community organization.--The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 101(12), such as a scouting or sports organization.''. (b) Schedule.--Section 102(b)(1) of such Act (29 U.S.C. 2612(b)(1)) is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 102(d)(2)(A) of such Act (29 U.S.C. 2612(d)(2)(A)) is amended-- (1) by striking ``under'' and inserting the following: ``under-- ``(i)''; and (2) inserting before the period at the end the following: ``; or ``(ii) subsection (a)(3)(A) for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 102(e)(1) of such Act (29 U.S.C. 2612(e)(1)) is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employer with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 103 of such Act (29 U.S.C. 2613) is amended by adding at the end the following: ``(f) Certification for Parental Involvement Leave.--An employer may require that a request for leave under section 102(a)(3)(A) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe.''. SEC. 4. PARENTAL INVOLVEMENT LEAVE FOR CIVIL SERVANTS. (a) Leave Requirement.--Section 6382(a) of title 5, United States Code, is amended by adding at the end the following: ``(3)(A) Subject to section 6383(f), in addition to leave available under paragraph (1), an employee shall be entitled to a total of 4 hours of leave during any 30-day period, and a total of 24 hours of leave during any 12-month period to participate in or attend an activity that-- ``(i) is sponsored by a school or community organization; and ``(ii) relates to a program of the school or organization that is attended by a son or daughter or a grandchild of the employee. ``(B) For the purpose of this paragraph: ``(i) The term `school' means an elementary school or secondary school (as such terms are defined in the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)), a Head Start program assisted under the Head Start Act (42 U.S.C. 9831 et seq.), and a child care facility licensed under State law.''. ``(ii) The term `community organization' means a private nonprofit organization that is representative of a community or a significant segment of a community and provides activities for individuals described in subparagraph (A) or (B) of section 6381(6), such as a scouting or sports organization.''. (b) Schedule.--Section 6382(b)(1) of such title is amended by inserting after the second sentence the following: ``Leave under subsection (a)(3)(A) may be taken intermittently or on a reduced leave schedule.''. (c) Substitution of Paid Leave.--Section 6382(d) of such title is amended by inserting before ``, except'' the following: ``, or for leave provided under subsection (a)(3)(A) any of the employee's accrued or accumulated annual leave under subchapter I for any part of the 24-hour period of such leave under such subsection''. (d) Notice.--Section 6382(e)(1) of such title is amended by adding at the end the following: ``In any case in which an employee requests leave under subsection (a)(3)(A), the employee shall provide the employing agency with not less than 7 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subsection.''. (e) Certification.--Section 6383 of such title is amended by adding at the end the following: ``(f) An employing agency may require that a request for leave under section 6382(a)(3)(A) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe.''. SEC. 5. CLARIFICATION OF LEAVE ENTITLEMENT. Section 102(a)(1) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) and section 6382(a)(1) of title 5, United States Code, are each amended by adding at the end the following: ``(E) In order to meet routine family medical needs, including transportation of a son or daughter or a grandchild for medical and dental appointments for annual checkups and vaccinations. ``(F) In order to meet the routine medical care needs of elderly individuals who are related to the eligible employee, including visits to nursing homes and group homes.''. SEC. 6. DEFINITION OF GRANDCHILD. (a) Non-Civil-Service Employees.--Section 101 of the Family and Medical Leave Act (29 U.S.C. 2611) is amended by adding at the end the following new paragraph: ``(14) Grandchild.--The term `grandchild' means a son or daughter of an employee's child.''. (b) Civil Service Employees.--Section 6381 of title 5, United States Code, is amended-- (1) in paragraph (5)(B), by striking ``and'' at the end; (2) in paragraph (6)(B), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(7) the term `grandchild' means a son or daughter of an employee's child.''. | Family and Medical Leave Enhancement Act of 2001 - Amends the Family and Medical Leave Act of 1993 (FMLA) to expand the Act's coverage by reducing from 50 to 25 the threshold minimum number of employees of an employer necessary for the Act to apply.Allows employees covered by FMLA to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's or grandchildren's educational and extracurricular activities.Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees.Provides that leave under FMLA may be taken to meet: (1) routine family medical needs, including transportation of children or grandchildren for medical and dental appointments for annual checkups and vaccinations; and (2) the routine medical care needs of elderly relatives of the eligible employee, including visits to nursing homes and group homes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Certification and Licensure of Teachers Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) the measure of a good teacher is how much and how well the teacher's students learn; (2) the main teacher quality problem in 1998 was the lack of subject matter knowledge; (3) knowledgeable and eager individuals of sound character and various professional backgrounds should be encouraged to enter the kindergarten through grade 12 classrooms as teachers; (4) many talented professionals who have demonstrated a high level of subject area competence outside the education profession may wish to pursue careers in education, but have not fulfilled the traditional requirements to be certified or licensed as teachers; (5) States should have maximum flexibility and incentives to create alternative teacher certification and licensure programs in order to recruit well-educated people into the teaching profession; and (6) alternative routes can enable qualified individuals to fulfill State teacher certification or licensure requirements and will allow school systems to utilize the expertise of professionals and improve the pool of qualified individuals available to local educational agencies as teachers. (b) Purpose.--It is the purpose of this Act to improve the supply of well-qualified elementary school and secondary school teachers by encouraging and assisting States to develop and implement programs for alternative routes to teacher certification or licensure requirements. SEC. 3. ALLOTMENTS. (a) Allotments to States.-- (1) In general.--From the amount appropriated to carry out this Act for each fiscal year, the Secretary shall allot to each State the lesser of-- (A) the amount the State applies for under section 4; or (B) an amount that bears the same relation to the amount so appropriated as the total population of children ages 5 through 17 in the State bears to the total population of such children in all the States (based on the most recent data available that is satisfactory to the Secretary). (2) Reallocation.--If a State does not apply for the State's allotment, or the full amount of the State's allotment, under paragraph (1), the Secretary may reallocate the excess funds to 1 or more other States that demonstrate, to the satisfaction of the Secretary, a current need for the funds. (b) Special Rule.--Notwithstanding section 421(b) of the General Education Provisions Act (20 U.S.C. 1225(b)), funds awarded under this Act shall remain available for obligation by a recipient for a period of 2 calendar years from the date of the grant. SEC. 4. STATE APPLICATIONS. (a) In General.--Any State desiring to receive an allotment under this Act shall, through the State educational agency, submit an application at such time, in such manner, and containing such information, as the Secretary may reasonably require. (b) Requirements.--Each application shall-- (1) describe the programs, projects, and activities to be undertaken with assistance provided under this Act; and (2) contain such assurances as the Secretary considers necessary, including assurances that-- (A) assistance provided to the State educational agency under this Act will be used to supplement, and not to supplant, any State or local funds available for the development and implementation of programs to provide alternative routes to fulfilling teacher certification or licensure requirements; (B) the State educational agency has, in developing and designing the application, consulted with-- (i) representatives of local educational agencies, including superintendents and school board members (including representatives of their professional organizations if appropriate); (ii) elementary school and secondary school teachers, including representatives of their professional organizations; (iii) schools or departments of education within institutions of higher education; (iv) parents; and (v) other interested individuals and organizations; and (C) the State educational agency will submit to the Secretary, at such time as the Secretary may specify, a final report describing the activities carried out with assistance provided under this Act and the results achieved with respect to such activities. (c) GEPA Provisions Inapplicable.--Sections 441 and 442 of the General Education Provisions Act (20 U.S.C. 1232d and 1232e), except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to this Act. SEC. 5. USE OF FUNDS. (a) Use of Funds.-- (1) In general.--A State educational agency shall use funds provided under this Act to support programs, projects, or activities that develop and implement new, or expand and improve existing, programs that enable individuals to move to a teaching career in elementary or secondary education from another occupation through an alternative route to teacher certification or licensure. (2) Types of assistance.--A State educational agency may carry out such programs, projects, or activities directly, through contracts, or through grants to local educational agencies, intermediate educational agencies, institutions of higher education, or consortia of such agencies or institutions. (b) Uses.--Funds received under this Act may be used for-- (1) the design, development, implementation, and evaluation of programs that enable qualified professionals who have demonstrated a high level of subject area competence outside the education profession and are interested in entering the education profession to fulfill State teacher certification or licensure requirements; (2) the establishment of administrative structures necessary for the development and implementation of programs to provide alternative routes to fulfilling State teacher certification or licensure requirements; (3) training of staff, including the development of appropriate support programs, such as mentor programs, for teachers entering the school system through alternative routes to teacher certification or licensure; (4) the development of recruitment strategies; (5) the development of reciprocity agreements between or among States for the certification or licensure of teachers; or (6) other programs, projects, and activities that-- (A) are designed to meet the purpose of this Act; and (B) the Secretary determines appropriate. SEC. 6. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; secretary; and state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', ``Secretary'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Institution of higher education.--The term ``institution of higher education'' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (3) State.--The term ``State'' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $15,000,000 for fiscal year 2000 and each of the 4 succeeding fiscal years. | Sets forth requirements for allotments to States, reallotments, State applications, and uses of funds. Authorizes appropriations. |
SECTION. 1. PAYMENTS TO MEDICARE MANAGED CARE PLANS. (a) In General.--Section 1876(a) of the Social Security Act (42 U.S.C. 1395mm(a)) is amended to read as follows: ``(a)(1)(A) The Secretary shall annually determine, and shall announce (in a manner intended to provide notice to interested parties) not later than August 1 before the calendar year concerned-- ``(i) a per capita rate of payment for individuals who are enrolled under this section with an eligible organization which has entered into a risk-sharing contract and who are entitled to benefits under part A and enrolled under part B, and ``(ii) a per capita rate of payment for individuals who are so enrolled with such an organization and who are enrolled under part B only. For purposes of this section, the term ``risk-sharing contract'' means a contract entered into under subsection (g) and the term ``reasonable cost reimbursement contract'' means a contract entered into under subsection (h). ``(B) The annual per capita rate of payment for each Medicare payment area (as defined in paragraph (5)) shall be equal to the adjusted capitation rate (as defined in paragraph (4)), adjusted by the Secretary for-- ``(i) individuals who are enrolled under this section with an eligible organization which has entered into a risk-sharing contract and who are enrolled under part B only; and ``(ii) such risk factors as age, disability status, gender, institutional status, and such other factors as the Secretary determines to be appropriate so as to ensure actuarial equivalence. The Secretary may add to, modify, or substitute for such factors, if such changes will improve the determination of actuarial equivalence. ``(C) In the case of an eligible organization with a risk-sharing contract, the Secretary shall make monthly payments in advance and in accordance with the rate determined under subparagraph (B) and except as provided in subsection (g)(2), to the organization for each individual enrolled with the organization under this section. ``(D) The Secretary shall establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization. Such rate of payment shall be actuarially equivalent to rates paid to other enrollees in the payment area (or such other area as specified by the Secretary). ``(E)(i) The amount of payment under this paragraph may be retroactively adjusted to take into account any difference between the actual number of individuals enrolled in the plan under this section and the number of such individuals estimated to be so enrolled in determining the amount of the advance payment. ``(ii)(I) Subject to subclause (II), the Secretary may make retroactive adjustments under clause (i) to take into account individuals enrolled during the period beginning on the date on which the individual enrolls with an eligible organization (which has a risk- sharing contract under this section) under a health benefit plan operated, sponsored, or contributed to by the individual's employer or former employer (or the employer or former employer of the individual's spouse) and ending on the date on which the individual is enrolled in the plan under this section, except that for purposes of making such retroactive adjustments under this clause, such period may not exceed 90 days. ``(II) No adjustment may be made under subclause (I) with respect to any individual who does not certify that the organization provided the individual with the explanation described in subsection (c)(3)(E) at the time the individual enrolled with the organization. ``(F)(i) At least 45 days before making the announcement under subparagraph (A) for a year, the Secretary shall provide for notice to eligible organizations of proposed changes to be made in the methodology or benefit coverage assumptions from the methodology and assumptions used in the previous announcement and shall provide such organizations an opportunity to comment on such proposed changes. ``(ii) In each announcement made under subparagraph (A) for a year, the Secretary shall include an explanation of the assumptions (including any benefit coverage assumptions) and changes in methodology used in the announcement in sufficient detail so that eligible organizations can compute per capita rates of payment for individuals located in each county (or equivalent medicare payment area) which is in whole or in part within the service area of such an organization. ``(2) With respect to any eligible organization which has entered into a reasonable cost reimbursement contract, payments shall be made to such plan in accordance with subsection (h)(2) rather than paragraph (1). ``(3) Subject to subsections (c)(2)(B)(ii) and (c)(7), payments under a contract to an eligible organization under paragraph (1) or (2) shall be instead of the amounts which (in the absence of the contract) would be otherwise payable, pursuant to sections 1814(b) and 1833(a), for services furnished by or through the organization to individuals enrolled with the organization under this section. ``(4)(A) For purposes of this section, the `adjusted capitation rate' for a medicare payment area (as defined in paragraph (5)) is equal to the greatest of the following: ``(i) The sum of-- ``(I) the area-specific percentage for the year (as specified under subparagraph (B) for the year) of the area-specific adjusted capitation rate for the year for the medicare payment area, as determined under subparagraph (C), and ``(II) the national percentage (as specified under subparagraph (B) for the year) of the input-price- adjusted national adjusted capitation rate for the year, as determined under subparagraph (D), multiplied by a budget neutrality adjustment factor determined under subparagraph (E). ``(ii) An amount equal to-- ``(I) in the case of 1998, 80 percent of the input- price-adjusted national adjusted capitation rate for the year, as determined under subparagraph (D); and ``(II) in the case of a succeeding year, the amount specified in this clause for the preceding year increased by the national average per capita growth percentage specified under subparagraph (F) for that succeeding year. ``(iii) An amount equal to-- ``(I) in the case of 1998, 102 percent of the annual per capita rate of payment for 1997 for the medicare payment area (determined under this subsection), as in effect on the day before the date of enactment of this subclause; and ``(II) in the case of a subsequent year, 102 percent of the adjusted capitation rate under this subsection for the area for the previous year. ``(B) For purposes of subparagraph (A)(i)-- ``(i) for 1998, the `area-specific percentage' is 90 percent and the `national percentage' is 10 percent, ``(ii) for 1999, the `area-specific percentage' is 85 percent and the `national percentage' is 15 percent, ``(iii) for 2000, the `area-specific percentage' is 80 percent and the `national percentage' is 20 percent, ``(iv) for 2001, the `area-specific percentage' is 75 percent and the `national percentage' is 25 percent, and ``(v) for a year after 2001, the `area-specific percentage' is 70 percent and the `national percentage' is 30 percent. ``(C) For purposes of subparagraph (A)(i), the area-specific adjusted capitation rate for a medicare payment area-- ``(i) for 1998, is the average of the annual per capita rates of payment for the area for 1994 through 1997, after adjusting the 1994 and 1995 rates of payment to 1997 dollars, increased by the national average per capita growth percentage for 1997 (as defined in subparagraph (F)); or ``(ii) for a subsequent year, is the area-specific adjusted capitation rate for the previous year determined under this subparagraph for the area, increased by the national average per capita growth percentage for such subsequent year. ``(D)(i) For purposes of subparagraph (A)(i) and subparagraph (A)(ii), the input-price-adjusted national adjusted capitation rate for a medicare payment area for a year is equal to the sum, for all the types of medicare services (as classified by the Secretary), of the product (for each such type of service) of-- ``(I) the national standardized adjusted capitation rate (determined under clause (ii)) for the year, ``(II) the proportion of such rate for the year which is attributable to such type of services, and ``(III) an index that reflects (for that year and that type of services) the relative input price of such services in the area compared to the national average input price of such services. In applying subclause (III), the Secretary shall, subject to clause (iii), apply those indices under this title that are used in applying (or updating) national payment rates for specific areas and localities. ``(ii) In clause (i)(I), the `national standardized adjusted capitation rate' for a year is equal to-- ``(I) the sum (for all medicare payment areas) of the product of (aa) the area-specific adjusted capitation rate for that year for the area under subparagraph (C), and (bb) the average number of standardized medicare beneficiaries residing in that area in the year; divided by ``(II) the total average number of standardized medicare beneficiaries residing in all the medicare payment areas for that year. ``(iii) In applying this subparagraph for 1998-- ``(I) medicare services shall be divided into 2 types of services: part A services and part B services; ``(II) the proportions described in clause (i)(II) for such types of services shall be-- ``(aa) for part A services, the ratio (expressed as a percentage) of the national average annual per capita rate of payment for part A for 1997 to the total average annual per capita rate of payment for parts A and B for 1997, and ``(bb) for part B services, 100 percent minus the ratio described in item (aa); ``(III) for part A services, 70 percent of payments attributable to such services shall be adjusted by the index used under section 1886(d)(3)(E) to adjust payment rates for relative hospital wage levels for hospitals located in the payment area involved; and ``(IV) for part B services-- ``(aa) 66 percent of payments attributable to such services shall be adjusted by the index of the geographic area factors under section 1848(e) used to adjust payment rates for physicians' services furnished in the payment area, and ``(bb) of the remaining 34 percent of the amount of such payments, 70 percent shall be adjusted by the index described in subclause (III). The Secretary may continue to apply the rules described in this clause (or similar rules) for 1999. ``(E) For each year, the Secretary shall compute a budget neutrality adjustment factor so that the aggregate of the payments under this section shall be equal to the aggregate payments that would have been made under this section if the area-specific percentage for the year had been 100 percent and the national percentage had been 0 percent. ``(F) In this section, the `national average per capita growth percentage' is equal to the percentage growth in medicare fee-for- service per capita expenditures, which the Secretary shall project for each year. ``(5)(A) In this section, except as provided in subparagraph (C), the term `medicare payment area' means a county, or equivalent area specified by the Secretary. ``(B) In the case of individuals who are determined to have end stage renal disease, the medicare payment area shall be specified by the Secretary. ``(C)(i) Upon written request of the Chief Executive Officer of a State for a contract year (beginning after 1997) made at least 7 months before the beginning of the year, the Secretary shall adjust the system under which medicare payment areas in the State are otherwise determined under subparagraph (A) to a system which-- ``(I) has a single statewide medicare payment area, ``(II) is a metropolitan based system described in clause (iii), or ``(III) which consolidates into a single medicare payment area noncontiguous counties (or equivalent areas described in subparagraph (A)) within a State. Such adjustment shall be effective for payments for months beginning with January of the year following the year in which the request is received. ``(ii) In the case of a State requesting an adjustment under this subparagraph, the Secretary shall adjust the payment rates otherwise established under this section for medicare payment areas in the State in a manner so that the aggregate of the payments under this section in the State shall be equal to the aggregate payments that would have been made under this section for medicare payment areas in the State in the absence of the adjustment under this subparagraph. ``(iii) The metropolitan based system described in this clause is one in which-- ``(I) all the portions of each metropolitan statistical area in the State or in the case of a consolidated metropolitan statistical area, all of the portions of each primary metropolitan statistical area within the consolidated area within the State, are treated as a single medicare payment area, and ``(II) all areas in the State that do not fall within a metropolitan statistical area are treated as a single medicare payment area. ``(iv) In clause (iii), the terms `metropolitan statistical area', `consolidated metropolitan statistical area', and `primary metropolitan statistical area' mean any area designated as such by the Secretary of Commerce. ``(6) Subject to subsections (c)(2)(B)(ii) and (c)(7), if an individual is enrolled under this section with an eligible organization having a risk-sharing contract, only the eligible organization shall be entitled to receive payments from the Secretary under this title for services furnished to the individual.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 1997. | Amends title XVIII (Medicare) of the Social Security Act to revise the formulae for payments to health maintenance organizations and competitive medical plans. Provides for a metropolitan based system under which: (1) all portions of each metropolitan statistical area in a State are treated as a single Medicare payment area; and (2) all areas in that State that do not fall within a metropolitan statistical area are treated as a single Medicare payment area. Requires the Secretary of Health and Human Services to determine the annual per capita rate of payment for each Medicare payment area by adjusting the adjusted capitation rate for: (1) individuals (not, as currently, a class of individuals) who are enrolled with an eligible organization which has entered into a risk-sharing contract and who are enrolled under Medicare part B (Supplementary Medical Insurance) only; and (2) such risk factors as age, disability status, gender, institutional status, and other appropriate factors so as to ensure actuarial equivalence. Requires the Secretary to establish a separate rate of payment to an eligible organization with respect to any individual determined to have end-stage renal disease and enrolled with the organization. Prescribes a general formula for the adjusted capitation rate of a Medicare payment area based on an area-specific adjusted capitation rate and an input-price-adjusted national adjusted capitation rate. Specifies area-specific and national percentages for contract years 1998 through 2001 and after. Requires the Secretary, upon written request of the Chief Executive Officer of a State for a contract year, to adjust the system under which Medicare payment areas in the State are otherwise determined to a system which: (1) has a single Statewide Medicare payment area; (2) is a metropolitan based system; or (3) consolidates into a single Medicare payment area noncontiguous counties (or equivalent areas) within the State. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Western Area Power Administration Transparency Act''. SEC. 2. WESTERN AREA POWER ADMINISTRATION PILOT PROJECT. (a) In General.--Not later than 120 days after the date of enactment of this Act, the Administrator of the Western Area Power Administration (referred to in this section as the ``Administrator'') shall establish a pilot project, as part of the continuous process improvement program and to provide increased transparency for customers, to publish on a publicly available website of the Western Area Power Administration, a database of the following information, beginning with fiscal year 2008, relating to the Western Area Power Administration: (1) By power system and in a consistent format, rates charged to customers for power and transmission service. (2) By power system, the amount of capacity or energy sold. (3) By region, a detailed accounting, at the functional level and the budget activity level, of all expenditures, capital costs, and staffing costs, including-- (A) indirect costs, including overhead costs; (B) direct charges and direct allocations; (C) the number of contract staff; (D) costs related to independent consultants; (E) the number of full-time equivalents; and (F) charges to the region from the headquarters office of the Western Area Power Administration for all annual and capital costs. (4) For the headquarters office of the Western Area Power Administration, a detailed accounting at the functional level and the budget activity level, of all expenditures and capital costs, including-- (A) indirect costs, including overhead costs; (B) direct charges and direct allocations; (C) the number of contract staff; (D) costs related to independent consultants; (E) the number of full-time equivalents; (F) a summary of any expenditures described in this paragraph, with the total amount paid by each region and power system; and (G) expenses incurred on behalf of other Federal agencies or programs or third parties for the administration of programs not related to the marketing, transmission, or wheeling of Federal hydropower resources, including-- (i) indirect costs, including overhead costs; (ii) direct charges and allocations; (iii) the number of contract staff; and (iv) the number of full-time equivalents. (5) Capital expenditures, including-- (A) capital investments delineated by the year in which each investment is placed into service; and (B) the sources of capital for each investment. (b) Annual Summary.-- (1) In general.--Not later than 120 days after the end of each fiscal year in which the pilot project is being carried out under this section, the Administrator shall make available on a publicly available website-- (A) updates to documents made available on the date of the initial publication of the information on the website under subsection (a); (B) an identification of the magnitude of annual changes in the information published on the website under subsection (a); (C) a description of the reasons for the changes identified under subparagraph (B); (D) subject to paragraph (2), the total amount of the unobligated balances retained by the Western Area Power Administration at the end of the prior fiscal year within each marketing area and headquarters by-- (i) purpose or function; (ii) source of funding; (iii) anticipated program allotment; and (iv) underlying authority for each source of funding; and (E) the anticipated level of unobligated balances that the Western Area Power Administration expects to retain at the end of the fiscal year in which the annual summary is published, as delineated by each of the categories described in clauses (i) through (iv) of subparagraph (D). (2) Limitation.--Amounts in the Upper Colorado River Basin Fund established by section 5(a) of the Act of April 11, 1956 (commonly known as the ``Colorado River Storage Project Act'') (43 U.S.C. 620d(a)), shall not considered to be an unobligated balance retained by the Western Area Power Administration for purposes of paragraph (1)(D). (c) Termination.--The pilot project under this section shall terminate on the date that is 7 years after the date of enactment of this Act. Passed the House of Representatives February 7, 2018. Attest: KAREN L. HAAS, Clerk. | . Western Area Power Administration Transparency Act (Sec.2)This bill directs the Western Area Power Administration (WAPA)to establish a pilot project to provide increased transparency for its customers. WAPA must publicly display on its website specific information dating back to FY2008, including rates charged by power systems to customers for power and transmission services, the amount of capacity or energy sold by power systems, and a detailed accounting at the functional and budget activity level of all its expenditures and capital costs by region and for the headquarters office. Additionally, WAPA must annually update the information it provides on the website, including the changes it publishes, the reasons for the changes, and the amount of the unobligated balances it retains at the end of the prior fiscal year within each marketing area and at headquarters. The pilot project shall terminate in seven years. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997''. SEC. 2. PROHIBITION ON PAYMENTS UNDER DEFENSE CONTRACTS FOR RESTRUCTURING COSTS OF A DEFENSE CONTRACTOR MERGER OR ACQUISITION. (a) Prohibition.--No funds appropriated or otherwise made available to the Department of Defense may be obligated or expended under section 2324 of title 10, United States Code, for payment of any restructuring cost associated with a merger or acquisition that is incurred by a contractor under contract with the Department of Defense. (b) Applicability.--(1) The prohibition in subsection (a) applies with respect to any merger or acquisition occurring on or after the date of the enactment of this Act. (2) In the case of a merger or acquisition that occurred before the date of the enactment of this Act, funds appropriated or otherwise made available to the Department of Defense may be used to process or pay a claim for restructuring costs associated with the merger or acquisition only if the relevant contract or advance agreement specifies that payment for such costs may be made under the contract or agreement using funds appropriated or otherwise made available to the Department of Defense. (c) Conforming Repeal.--Subsection (a) of section 818 of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 10 U.S.C. 2324 note) is repealed. (d) Reports by Secretary of Defense.--Subsection (e) of such section is amended-- (1) in the matter preceding paragraph (1), by striking out ``and 1997'' and inserting in lieu thereof ``1997, 1998, 1999, and 2000''; and (2) by adding at the end of paragraph (3) the following: ``(F) An analysis of the dollar amount of any windfalls achieved by the combining defense contractors which results from the reduction of overhead on fixed- price type contracts from the Department of Defense that existed before the business combination. ``(G) A list of each major weapons system purchased by the Department of Defense since July 21, 1993, for which actual prices have actually been reduced that are attributable to the contractors' restructuring efforts. ``(H) The total number of pending restructuring proposals submitted to the Department of Defense as of the date of the report and the total dollar amount of the requests for restructuring costs contained in those proposals.''. (e) Comptroller General Report.--Subsection (g)(3) of such section is amended by adding at the end the following: ``The report shall include an estimate and detailed description of the net effect on the Federal budget of reimbursing defense contractors for their merger- related restructuring costs, including the following: ``(A) The payment by the Department of Defense of restructuring costs resulting from business combinations of defense contractors. ``(B) The reduction of Federal tax revenues from unemployment resulting from business combinations of defense contractors who have been reimbursed for their merger-related restructuring costs. ``(C) The increase in Federal expenditures in other Federal adjustment programs from unemployment resulting from business combinations of defense contractors who have been reimbursed for their merger-related restructuring costs, including food stamps, housing and energy assistance, and any other programs the Comptroller General determines that unemployed persons are likely to use at a rate higher than employed persons. ``(D) The increase in Federal grants of cash and in-kind assistance to States and local communities that have experienced significant layoffs or facility relocation (or both) resulting from the business combination, that are attributable to losses in the State and local tax base and increased the use of State and local government services similar to those described in subparagraph (C). ``(E) The effect of reduced competition resulting from business combinations on the prices the Department of Defense pays for military equipment and services.''. (f) Definitions.--Such section is further amended by adding at the end the following new subsection: ``(h) Definitions.--For purposes of this section: ``(1) The term `windfall' means the savings, either actually realized or anticipated, by the combining defense contractors as a result of reducing overhead through merger- related restructuring which are foregone by the Government because certain defense contracts are fixed-price type contracts that existed before the business combination and cannot be adjusted to reflect the contractor's reduced overhead. ``(2) The term `significant layoffs' means a situation in which the number of layoffs exceed 500 full-time equivalent employees or in which one of the combining defense contractors previously represented the fifth largest employer or greater in the relevant State or local community.''. | Payoffs-for-Layoffs Corporate Welfare Elimination Act of 1997 - Prohibits any funds appropriated or otherwise made available to the Department of Defense (DOD) from being obligated or expended for payment of any restructuring cost associated with a merger or acquisition incurred by a DOD contractor. Provides for the handling of contractor claims for such costs with respect to a merger or acquisition occurring before the enactment of this Act. Amends the National Defense Authorization Act for Fiscal Year 1995 to: (1) repeal a provision made inconsistent by this Act; (2) extend through FY 2000 a requirement of a report from the Secretary of Defense to the Congress concerning DOD savings achieved under a corporate restructuring; (3) require in such report certain additional information concerning DOD's past experience with contractors for which DOD agreed to allow such costs; and (4) require a current report from the Comptroller General to the Congress to include an estimate and description of the net effect on the Federal budget of reimbursing defense contractors for such costs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bankruptcy Judgeship Act of 2016''. SEC. 2. PERMANENT JUDGESHIPS. The following authorized bankruptcy judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title: (1) Two additional bankruptcy judgeships for the district of Delaware. (2) Two additional bankruptcy judgeships for the eastern district of Michigan. (3) Two additional bankruptcy judgeships for the middle district of Florida. SEC. 3. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS. (a)(1) The 4 temporary bankruptcy judgeships authorized for the district of Delaware pursuant to section 1223(b)(1)(C) of Public Law 109-8 (2005) (28 U.S.C. 152 note) are converted to permanent bankruptcy judgeships under section 152(a)(2) of title 28, United States Code. (2) The temporary bankruptcy judgeship authorized for the district of Delaware pursuant to section 3(a)(3) of Public Law 102-361 (1992), as amended by section 307 of title III of Public Law 104-317 (1996) (28 U.S.C. 152 note), is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (b) The 2 temporary bankruptcy judgeships authorized for the southern district of Florida pursuant to section 1223(b)(1)(D) of Public Law 109-8 (2005) (28 U.S.C. 152 note) are converted to permanent bankruptcy judgeships under section 152(a)(2) of title 28, United States Code. (c) Two of the temporary bankruptcy judgeships authorized for the district of Maryland pursuant to section 1223(b)(1)(F) of Public Law 109-8 (2005) (28 U.S.C. 152 note) are converted to permanent bankruptcy judgeships under section 152(a)(2) of title 28, United States Code. (d) The temporary bankruptcy judgeship authorized for the eastern district of Michigan pursuant to section 1223(b)(1)(G) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (e) The temporary bankruptcy judgeship authorized for the district of Nevada pursuant to section 1223(b)(1)(T) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (f) The temporary bankruptcy judgeship authorized for the eastern district of North Carolina pursuant to section 1223(b)(1)(M) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (g)(1) The temporary bankruptcy judgeship authorized for the district of Puerto Rico pursuant to section 1223(b)(1)(P) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (2) The temporary bankruptcy judgeship authorized for the district of Puerto Rico pursuant to section 3(a)(7) of Public Law 102-361 (1992), as amended by section 307 of title III of Public Law 104-317 (1996) (28 U.S.C. 152 note), is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (h) The temporary bankruptcy judgeship authorized for the western district of Tennessee pursuant to section 1223(b)(1)(Q) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. (i) The temporary bankruptcy judgeship authorized for the eastern district of Virginia pursuant to section 1223(b)(1)(R) of Public Law 109-8 (2005) (28 U.S.C. 152 note) is converted to a permanent bankruptcy judgeship under section 152(a)(2) of title 28, United States Code. SEC. 4. TECHNICAL AMENDMENTS. Section 152(a)(2) of title 28, United States Code, is amended-- (1) in the item relating to the district of Delaware, by striking ``1'' and inserting ``8''; (2) in the item relating to the middle district of Florida, by striking ``8'' and inserting ``10''; (3) in the item relating to the southern district of Florida, by striking ``5'' and inserting ``7''; (4) in the item relating to the district of Maryland, by striking ``4'' and inserting ``6''; (5) in the item relating to the eastern district of Michigan, by striking ``4'' and inserting ``7''. (6) in the item relating to the district of Nevada, by striking ``3'' and inserting ``4''; (7) in the item relating to the eastern district of North Carolina, by striking ``2'' and inserting ``3''; (8) in the item relating to the district of Puerto Rico, by striking ``2'' and inserting ``4''; (9) in the item relating to the western district of Tennessee, by striking ``4'' and inserting ``5''; and (10) in the item relating to the eastern district of Virginia, by striking ``5'' and inserting ``6''. SEC. 5. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act. | Bankruptcy Judgeship Act of 2016 This bill amends the federal judicial code to: convert certain temporary bankruptcy judges to permanent bankruptcy judges and authorize the appointment of additional bankruptcy judges in Delaware and Michigan; convert temporary bankruptcy judges to permanent bankruptcy judges in specified judicial districts in Florida, Maryland, Nevada, North Carolina, Puerto Rico, Tennessee, and Virginia; and authorize the appointment of additional bankruptcy judges in the middle district of Florida. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy and Revenue Enrichment Act of 2011''. SEC. 2. DEFINITIONS. In this Act: (1) Department.--The term ``Department'' means the Department of Energy. (2) Enrichment plant.--The term ``enrichment plant'' means a uranium enrichment plant owned by the Department of Energy with respect to which the Nuclear Regulatory Commission has made a determination of compliance under section 1701(b)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2297f(b)(2)). (3) Qualified operator.--The term ``qualified operator'' means a company that has experience in operating an enrichment plant under Nuclear Regulatory Commission authorization and has the ability and workforce to enrich the depleted uranium that is owned by the Department of Energy. (4) Reenrichment.--The term ``reenrichment'' means increasing the weight percent of U-235 in uranium in order to make the uranium usable. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 3. REENRICHMENT CONTRACT. (a) In General.-- (1) Requirement.--The Secretary shall enter into a contract with a qualified operator for a 24-month pilot program for the reenrichment at an enrichment plant of the depleted uranium described in section 2(3) that the Secretary finds economically viable. The Secretary shall seek to maximize the financial return to the Federal Government in negotiating the terms of such contract. (2) Amount of enrichment.--The Secretary shall, during each year of the pilot program under this subsection, conduct uranium reenrichment under such program in an amount (measured in separative work units) equal to approximately 25 percent of the aggregate uranium enrichment conducted in the United States during calendar year 2010. (3) Economic viability.--For purposes of paragraph (1), uranium shall be considered economically viable if the cost to the United States of the reenrichment thereof, including the costs of the contract entered into under paragraph (1), are less than the revenue anticipated from the sale of the reenriched uranium. (b) Commencement of Reenrichment Activities.--Reenrichment activities under the contract entered into under subsection (a) shall commence as soon as possible, but no later than June 1, 2012. (c) Sale of Reenriched Uranium.--The Secretary may from time to time sell the reenriched uranium generated pursuant to the contract entered into under subsection (a). (d) Allocation and Use of Proceeds.--Any funds received by the Secretary from the sale of reenriched uranium generated pursuant to the contract entered into under subsection (a) shall be allocated as follows: (1) First, such funds shall be available to the Secretary, without further appropriation and without fiscal year limitation, to carry out this section, including amounts required to be paid under the contract entered into under subsection (a). (2) Any amounts not required for the purposes described in paragraph (1) shall be transferred to the Uranium Enrichment Decontamination and Decommissioning Fund established in section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g), to be available for use, without further appropriation and without fiscal year limitation. SEC. 4. DEPLETED URANIUM. (a) Title and Responsibility for Disposition.--The Secretary shall assume title to, and responsibility for the disposition of, all depleted uranium generated pursuant to the contract entered into under section 3(a). (b) Funding for Reenrichment.--To provide funding for payments under the contract entered into under section 3(a), the Secretary may-- (1) assume title to, and responsibility for the disposition of, depleted uranium in addition to the depleted uranium specified in subsection (a); and (2) transfer to the qualified operator title to uranium generated as a result of the reenrichment pursuant to the contract entered into under section 3(a). SEC. 5. LIMITATION ON FEDERAL URANIUM SALES. (a) Initial Period.--Notwithstanding section 3112(d) of the USEC Privatization Act (42 U.S.C. 2297h-10(d)), during the 24-month pilot program and the subsequent 24 months after that program is complete, the Secretary may not during any calendar year sell an amount of uranium that exceeds 15 percent of the United States' domestic uranium supply for that year. (b) Subsequent Period.--After the expiration of the 48-month period described in subsection (a), the Secretary may not during any calendar year sell an amount of uranium that exceeds 10 percent of the United States' domestic uranium supply for that year, except to the extent that the Secretary determines that such sales will have no significant effect on uranium markets. | Energy and Revenue Enrichment Act of 2011 - Directs the Secretary of Energy (DOE) to contract with a qualified operator for a 24-month pilot program for the reenrichment at an enrichment plant of certain depleted uranium, beginning no later than June 1, 2012. Authorizes the Secretary to sell the reenriched uranium generated under the contract and allocate the proceeds according to a certain scheme. Directs the Secretary to assume title to, and responsibility for, the disposition of depleted uranium so generated. Prohibits the Secretary from selling, each year during the pilot program and the subsequent 24 months after program completion, an amount of uranium exceeding 15% of the U.S. domestic uranium supply. Prohibits the sale of more than 10% of the U.S. domestic uranium supply during any year after such 48-month period, unless such sales will have no significant effect on uranium markets. |
SECTION 1. AUTHORITY FOR ACQUISITION OF AND DEVELOPMENT WITHIN CERTAIN URBAN RENEWAL PROJECT AREAS. (a) Definitions.--As used in this section, the term-- (1) ``date of reconveyance'' means the date on which the disposable real property is reconveyed to the Cambridge Redevelopment Authority; (2) ``NTSC'' means the John A. Volpe National Transportation Systems Center; (3) ``Authority'' means the Cambridge Redevelopment Authority of the city of Cambridge, Massachusetts; (4) ``CRA controls'' means the restrictions, requirements, and other provisions affecting the use and ownership of property within the Kendall Square Urban Renewal Project Area contained-- ``(A) in the Urban Renewal Plan; ``(B) the Land Disposition Contract; ``(C) the deed or deeds or transfer of any such property from the Authority to the United States; ``(D) zoning and building laws of the city of Cambridge, Massachusetts; and ``(E) any other applicable provisions or agreements previously approved by the Federal Government; (5) ``disposable real property'' means certain land and the building thereon within parcel 1 of the Kendall Square Urban Renewal Project Area, generally shown as tract 1 on a plan entitled ``Master Action Plan, Kendall Square Urban Renewal Project Area, parcel 1, tracts 1, 2 and 2A, September 2000, scale: 1''=80''', prepared by Fay, Spofford and Thorndike, Inc., Engineers, Burlington, Massachusetts, presently owned by the United States subject to CRA controls; (6) ``tract 1'' means that tract of land containing 5.8 acres and the building thereon shown as tract 1 on the plan entitled ``Master Action Plan, Kendall Square Urban Renewal Project Area, parcel 1, tracts 1, 2, and 2A, September 2000, scale: 1''=80''', prepared by Fay, Spofford and Thorndike, Inc., Engineers, Burlington, Massachusetts; (7) ``tract 2 and tract 2A'' means those tracts of land and the buildings thereon shown as tract 2 and as tract 2A, containing 8.5 acres of land and the buildings thereon, on a plan entitled ``Master Action Plan, Kendall Square Urban Renewal Project Area, parcel 1, tracts 1, 2, and 2A, September 2000, scale: 1''=80''', prepared by Fay, Spofford and Thorndike, Inc., Engineers, Burlington, Massachusetts; (8) ``Urban Renewal Plan'' means the Urban Renewal Plan for the Kendall Square Urban Renewal Project Area dated October 1965, as amended; (9) ``Land Disposition Contract'' means the Land Disposition Contract between the Authority and the United States, dated June 13, 1966, as amended and supplemented; and (10) ``Moderate-income family'' means a family whose income does not exceed 80 percent of the median income for the area. (b) Extensions of Plan and Restrictions.--The provisions of the Urban Renewal Plan applicable to property in the Kendall Square Urban Renewal Area conveyed by the Authority to the United States and such restrictions, agreements, and covenants in the deeds of conveyance of such property which would otherwise terminate on August 30, 2010, shall be extended by the Authority until August 30, 2020, as may be required by Federal or State housing subsidies and changes in permitted uses to allow public open space, housing, and accessory uses. The appropriate instruments to effectuate such extensions on behalf of and in the name of the United States upon receipt from the Authority shall be executed and delivered. (c) Reconveyance Required; Conditions and Consequences.-- (1) Reconveyance.--Notwithstanding provisions of any other law and any provisions of the Land Disposition Contract to the contrary, the disposable real property shall be reconveyed, not later than 6 months after the date of enactment of this Act, from the Government to the Authority, and in consideration therefore-- (A) the Authority shall prepare and carry out a master plan for the development and reuse of the disposable real property that includes the making of appropriate demolition, alterations, installation of public improvements, and sale or lease of tract 1 for the purpose of open space and housing (of which, a total of 30 percent of the dwelling units shall be for low- and moderate-income families, who, with respect to the lease of such units, shall not be required to pay more than 30 percent of their annual income for the yearly rental thereof); (B) the Authority shall, upon the reconveyance of the disposable real property to it under this subsection, shall be responsible to make a payment to the Government, calculated on the basis of the number of market rate housing units constructed times a factor of $15,000 per unit, by a nonrecourse note of the Authority in such principal amount, payable in or within 5 years from the date of reconveyance, which note shall be secured by a first mortgage on such disposable real property and shall provide for partial release or releases upon payment of reasonably equitable portions of the outstanding unpaid principal; and (C) the Authority shall cooperate with the Department of Transportation to secure additional space, if needed, within the Kendall Square Urban Renewal Project Area for the expansion of the facilities and functions of the Department. (2) Provisions of office space, parking and related facilities.-- (A) Feasibility study.--In order to carry out the purpose of this Act, the Secretary of Transportation shall make available $500,000 for the purposes of undertaking a feasibility study to determine the amount of new general office space in new buildings on parcel 1 to be used-- (i) by contractors engaged in NTSC work activities; (ii) by NTSC for expansion space; and (iii) for lease to other private firms seeking space in the Kendall Square area. (B) Ground lease.--The Secretary is authorized to enter into a long-term ground lease with the Authority for the purpose of providing buildable lots to accommodate office uses the amount of which to be determined by the feasibility study described in subparagraph (A) and based on office market conditions in the locality. Office space, biotechnology office and manufacturing facilities shall be located on Parcel 1 south of Potter Street and shall involve, exclusively, entities having development rights in the Kendall Square Urban Renewal Area. Further, the Secretary shall grant to the Authority a permanent easement on tract 2 for the construction and operation of an electric utility station. (C) Structured parking.--The Secretary shall make available $12,500,000 for the purpose of providing structured parking to be used by the NTSC and its contractors' employees to be constructed in accordance with the ground lease described in subparagraph (B). Such structured parking may be incorporated into an office building structure. In the event that the construction of office buildings is not feasible, funds shall be used to construct a multilevel parking deck for employee parking. (D) Demolition.--The Secretary of Transportation shall make available to the Authority $3,000,000 for the purpose of demolishing the existing shipping and receiving facility (building 6), relocating and incorporating the existing functions and occupants in the high-rise building (building 1), and for site preparation. (E) Open space and amenities.--The Secretary of Transportation and the Secretary of Housing and Urban Development are directed to make available funds to the Authority in the amount of $2,000,000 for the purpose of developing approximately 165,000 square feet of open space for a full-size soccer field and related amenities and a replacement playground to serve the NTSC day care program which will be relocated from its present location. Further, the Secretaries are directed to identify and make available to the Authority sufficient housing subsidies to finance not less than 75 dwelling units of housing that qualifies as affordable housing under the provisions of section 215 of the Home Investment Partnerships Act (42 U.S.C. 12745). If an abutting tract of land is developed for housing, the Secretary of Housing and Urban Development shall identify and make available subsidies to finance not less than an additional 75 units of affordable housing units. (F) Pedestrian passageway.--The Secretary of Transportation shall make available through the Federal Transit Administration funds to design and construct a safe pedestrian passageway from the rapid transit facility (Kendall Square Station) to the NTSC facilities. (G) Housing program.--The Secretary of Housing and Urban Development shall assist the Authority and the city of Cambridge to implement a program to create housing on parcel 1 and the existing residential neighborhoods in East Cambridge and Area 4, north and west of NTSC, respectively. (H) Preparation.--The Authority may take such actions as are appropriate to ensure that it is prepared to enter into ground leases with the Government for the purpose of developing office buildings and a parking structure as described in subparagraphs (B) and (C) and shall take such actions as are appropriate to ensure that not later than 1 year of the date of enactment of this Act, not less than 500 parking spaces on parcel 1 of the Kendall Square Urban Renewal Project Area are available for use by employees of the NTSC, its contractors and tenants, and that such parking is located on parcel 1. The Authority shall cooperate with any implementing actions taken by the Department of Transportation to ensure that-- (i) the existing shipping and receiving facility is demolished; and (ii) the functions from such facility are relocated. (3) Authority to execute instruments.--In making the reconveyance provided for in paragraph (1), the Government may execute any instruments, including contracts and deeds necessary or appropriate to carry out the provisions of this section. (4) United states relieved of obligations.--Upon the reconveyance of the disposable real property to the Authority, the United States shall be relieved by the Authority of any obligation to develop the disposable real property under the Land Disposition Contract. (d) Effects on Other Rights and Obligations Prohibited.--Nothing in this section shall affect any of the rights and obligations of any party, or the responsibilities and authority of the Authority and the United States applicable to any other portions of the Kendall Square Urban Renewal Project Area. Nothing in subsection (c) shall limit the Authority from seeking or obtaining available Federal, State, or local financial assistance in order to comply with the requirements of subsection (c). | Extends the provisions of the Urban Renewal Plan and restrictions applicable to property in the Kendall Square Urban Renewal Area conveyed by the Cambridge Redevelopment Authority, Cambridge, Massachusetts, to the United States.Requires: (1) the Government to reconvey to the Authority certain disposable real property within the Area; and (2) the Authority to make a payment to the Government, carry out a housing and open space master plan within such Area, and cooperate with the Department of Transportation to secure additional space to expand Department facilities within the Area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Pipeline Research, Development, and Demonstration Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) natural gas and hazardous liquid pipelines are a key component of the energy infrastructure of the United States; (2) many of these pipelines are aging facilities and therefore more susceptible to failure; (3) these facilities, with their unprotected rights-of-way, are also highly vulnerable to terrorist attacks and other disruptions; (4) interruptions in service on major pipelines, whether a result of pipeline failure or purposeful action, can have enormous consequences for the economy and security of the United States; (5) new energy sources such as hydrogen will require a new generation of pipelines; and (6) a more coordinated research, development, demonstration, and standardization program is needed to ensure the use of existing technologies and the development of new technologies to increase the safety and security of these critical facilities. SEC. 3. PIPELINE INTEGRITY RESEARCH, DEVELOPMENT, AND DEMONSTRATION. (a) Establishment of Cooperative Program.-- (1) In general.--The heads of the participating agencies shall develop and implement a program of research, development, demonstration, and standardization to ensure the integrity of pipeline facilities. (2) Elements.--The program shall include research, development, demonstration, and standardization activities related to-- (A) materials research and inspection; (B) stress and fracture analysis, and detection of cracks, corrosion, abrasion, and other abnormalities inside pipelines that lead to pipeline failure; (C) leak detection technologies, including detection of leaks at very low volumes; (D) flow metering and methods of analyzing content of pipeline throughput; (E) pipeline security, including improving the surveillance of pipeline rights-of-way; (F) risk assessment methodology; (G) information systems surety; and (H) other elements the heads of the participating agencies consider appropriate. (3) Activities and capabilities report.--Not later than 6 months after the date of the enactment of this Act, the participating agencies shall transmit to the Congress a report on the activities and capabilities of the participating agencies, including the national laboratories, and any other Federal agencies that are relevant to or could contribute to research, development, demonstration, and standardization activities under the program plan prepared under this section. (b) Program Plan.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the participating agencies shall prepare and transmit to Congress a 5-year program plan to guide activities under this section. Such program plan shall be submitted to the Pipeline Integrity Technical Advisory Committee established under subsection (c) for review, and the report to Congress shall include the comments of the Advisory Committee. The 5-year program plan shall describe related activities of Federal agencies that are not participating agencies. (2) Consultation.--In preparing the program plan, the participating agencies shall consult with appropriate representatives of State and local government and the private sector, including the gas, crude oil, and petroleum product pipeline industries, to help establish program priorities and to select and prioritize appropriate project proposals. (3) Advice from other entities.--In preparing the program plan, the participating agencies may also seek the advice of other Federal agencies, utilities, manufacturers, institutions of higher learning, pipeline research institutions, national laboratories, environmental organizations, pipeline safety advocates, professional and technical societies, and any other appropriate entities. (c) Pipeline Integrity Technical Advisory Committee.-- (1) Establishment.--The participating agencies shall establish and manage a Pipeline Integrity Technical Advisory Committee (in this subsection referred to as the ``Advisory Committee''). The Advisory Committee shall be established not later than 6 months after the date of the enactment of this Act. (2) Duties.--The Advisory Committee shall-- (A) advise the participating agencies on the development and implementation of the program plan prepared under subsection (b); and (B) have a continuing role in evaluating the progress and results of research, development, demonstration, and standardization activities carried out under this section. (3) Membership.-- (A) Appointment.--The Advisory Committee shall be composed of-- (i) 3 members appointed by the Secretary of Energy; (ii) 3 members appointed by the Secretary of Transportation; and (iii) 3 members appointed by the Director of the National Institute of Standards and Technology. In making such appointments, the participating agencies shall seek recommendations from the National Academy of Sciences. (B) Qualifications.--Members appointed to the Advisory Committee shall have experience or be technically qualified, by training or knowledge, in the operations of either the hazardous liquid or gas pipeline industries, and have experience in the research and development of pipeline or related technologies. (C) Compensation.--The members of the Advisory Committee shall serve without compensation, but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. (4) Meetings.--The Advisory Committee shall meet at least 4 times each year. (5) Termination.--The Advisory Committee shall terminate 5 years after its establishment. (d) Reports to Congress.--Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the participating agencies shall each transmit to the Congress a report on the status and results to date of the implementation of their portion of the program plan prepared under subsection (b). SEC. 4. MEMORANDUM OF UNDERSTANDING. Not later than 120 days after the date of the enactment of this Act, the participating agencies shall enter into a memorandum of understanding detailing their respective responsibilities under this Act, consistent with the activities and capabilities identified under section 3(a)(3). Each of the participating agencies shall have the primary responsibility for ensuring that the elements of the program plan within their jurisdiction are implemented in accordance with this Act. The Department of Transportation's responsibilities shall reflect its expertise in pipeline inspection and information systems surety. The Department of Energy's responsibilities shall reflect its expertise in low-volume leak detection and surveillance technologies. The National Institute of Standards and Technology's responsibilities shall reflect its expertise in standards and materials research. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated-- (1) to the Secretary of Energy $10,000,000; (2) to the Secretary of Transportation $5,000,000; and (3) to the National Institute of Standards and Technology $5,000,000, for each of the fiscal years 2002 through 2006 for carrying out this Act. SEC. 6. DEFINITION. For purposes of this Act, the term ``participating agencies'' means the Department of Energy, the Department of Transportation, and the National Institute of Standards and Technology. | Energy Pipeline Research, Development, and Demonstration Act - Directs the heads of the Department of Energy, the Department of Transportation, and the National Institute of Standards and Technology (participating agencies) to develop and implement a cooperative Federal research, development, demonstration, and standardization program to ensure the integrity of pipeline facilities.Establishes a Pipeline Integrity Technical Advisory Committee to advise participating agencies on the development and implementation of a five-year program plan to guide research, development, demonstration, and standardization activities under this Act. Requires participating agencies to enter into a memorandum of understanding (MOU) detailing their respective responsibilities under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Keep America's Oil Here Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) The United States is taking a number of steps to reduce domestic consumption of oil. (2) In 2007, the Congress passed the Energy Independence and Security Act of 2007 (Public Law 110-140), which increased fuel economy standards to at least 35 miles per gallon by 2020 and established renewable fuel standards to ensure that enough renewable fuel is produced by 2022 to reduce the need for 1.6 million barrels of oil per day. These programs to reduce our domestic oil consumption have yet to be fully implemented. (3) The administration of President Obama is accelerating the implementation of the fuel economy standards and greenhouse gas emission standards. (4) In 2010, the President issued a rule that required increased fuel economy and decreased global warming emissions for light-duty vehicles produced in model years 2012-2016. This rule is in the process of being implemented, and will reduce the need for an additional 1.9 million barrels of oil per day by 2030 and reduce the need for 2.3 million barrels of oil per day by 2040. (5) In 2012, the President issued a final rule to implement increased fuel economy and reduced global warming emissions for light duty vehicles produced in model years 2017 through 2025. This rule, once fully implemented, will reduce the need for an additional 1.5 million barrels of oil per day by 2030 and reduce the need for 2.4 million barrels of oil per day by 2040. (6) These actions will help reduce domestic consumption of crude oil, which is an exhaustible natural resource. These measures represent only a portion of Federal Government efforts to assist economic growth and reduce economic pressures relating to high oil prices. (7) As the result of actions undertaken by the Congress and the executive branch, domestic oil production has ramped up considerably. Crude oil production in the United States is at its highest level in 15 years, while production of oil and natural gas liquids combined is at its highest level in 20 years. Domestic oil production is expected to continue rising through 2020. Restrictions on exports of oil produced on public lands are a necessary and appropriate complement to energy efficiency measures and will help to ensure a reliable and affordable supply of such oil and refined products from such oil. SEC. 3. NO FOREIGN SALES OF OIL PRODUCED ON FEDERAL LANDS. The Secretary of the Interior may accept bids on any new oil and gas leases of Federal lands (including submerged lands) under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products produced from such crude oil, shall be offered for sale only in the United States. SEC. 4. WAIVER. The President may provide for waiver of the application of section 3 with respect to a lease in a case in which-- (1) the President determines that such a waiver is in the national interest because it-- (A) will not lead to an increase in domestic consumption of crude oil obtained from countries hostile to United States interests or that have political and economic instability that compromises energy supply security; (B) will not lead to higher costs to oil refiners that purchase the crude oil than such refiners would have to pay for crude oil in the absence of such a waiver; and (C) will not lead to higher gasoline costs paid by consumers than consumers would have to pay in the absence of such a waiver; (2) an exchange of crude oil or refined petroleum products provides for no net loss of crude oil or refined petroleum products, respectively, consumed domestically; (3) a waiver is necessary under the Constitution, a law, or an international agreement; or (4) a standing trade agreement with a North American trading partner allows for such exports, and all crude oil and refined petroleum products exported under such a waiver will be consumed in North America. SEC. 5. SUNSET. (a) In General.--This Act, including any certification made pursuant to this Act, shall have no force or effect after the expiration of the 10-year period beginning on the date of enactment of this Act. (b) Report.--Two years before the end of the period referred to in subsection (a), the Secretary of the Interior and the Comptroller General of the United States shall each submit a report to the Congress on the impact of this Act on oil production on Federal lands, consumption of oil and refined petroleum products in the United States, and prices and markets for oil and refined petroleum products in the United States. SEC. 6. REFINED PETROLEUM PRODUCT DEFINED. In this Act the term ``refined petroleum product'' means any of the following: (1) Finished reformulated or conventional motor gasoline. (2) Finished aviation gasoline. (3) Kerosene-type jet fuel. (4) Kerosene. (5) Distillate fuel oil. (6) Residual fuel oil. (7) Lubricants. (8) Waxes. (9) Petroleum coke. (10) Asphalt and road oil. | Keep America's Oil Here Act - Authorizes the Secretary of the Interior to accept bids on any new oil and gas leases of federal lands (including submerged lands) only from bidders certifying that all crude oil produced under such leases, and all refined petroleum products made from such crude oil, shall be offered for sale only in the United States. Authorizes the President to waive such limited leasing authorization upon specified determinations, including that waiver is in the national interest because it will not lead to: (1) an increase in domestic consumption of crude oil obtained from countries hostile to U.S. interests or that have political and economic instability compromising energy supply security, (2) higher costs to oil refiners purchasing the crude oil than the refiners would have to pay in the absence of such a waiver, and (3) higher gasoline costs paid by consumers than they would have to pay in the absence of such a waiver. Declares this Act without force or effect 10 years after enactment of this Act. Instructs the Secretary of the Interior and the Comptroller General to report separately to Congress on the impact of this Act upon: (1) oil production on federal lands, (2) consumption of oil and refined petroleum products in the United States, and (3) prices and markets for oil and refined petroleum products in the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Southeast Federal Center Public- Private Development Act of 2000''. SEC. 2. SOUTHEAST FEDERAL CENTER DEFINED. In this Act, the term ``Southeast Federal Center'' means the site in the southeast quadrant of the District of Columbia that is under the control and jurisdiction of the General Services Administration and extends from Issac Hull Avenue on the east to 1st Street on the west, and from M Street on the north to the Anacostia River on the south, excluding an area on the river at 1st Street owned by the District of Columbia and a building west of Issac Hull Avenue and south of Tingey Street under the control and jurisdiction of the Department of the Navy. SEC. 3. SOUTHEAST FEDERAL CENTER DEVELOPMENT AUTHORITY. (a) In General.--The Administrator of General Services may enter into agreements (including leases, contracts, cooperative agreements, limited partnerships, joint ventures, trusts, and limited liability company agreements) with a private entity to provide for the acquisition, construction, rehabilitation, operation, maintenance, or use of the Southeast Federal Center, including improvements thereon, or such other activities related to the Southeast Federal Center as the Administrator considers appropriate. (b) Terms and Conditions.--An agreement entered into under this section-- (1) shall have as its primary purpose enhancing the value of the Southeast Federal Center to the United States; (2) shall be negotiated pursuant to such procedures as the Administrator considers necessary to ensure the integrity of the selection process and to protect the interests of the United States; (3) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general purpose office space in a facility covered under the agreement; (4) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of any lease of the facility to the United States; (5) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible; (6) shall provide-- (A) that the United States will not be liable for any action, debt, or liability of any entity created by the agreement; and (B) that such entity may not execute any instrument or document creating or evidencing any indebtedness unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and (7) shall include such other terms and conditions as the Administrator considers appropriate. (c) Consideration.--An agreement entered into under this section shall be for fair consideration, as determined by the Administrator. Consideration under such an agreement may be provided in whole or in part through in-kind consideration. In-kind consideration may include provision of space, goods, or services of benefit to the United States, including construction, repair, remodeling, or other physical improvements of Federal property, maintenance of Federal property, or the provision of office, storage, or other usable space. (d) Authority To Convey.--In carrying out an agreement entered into under this section, the Administrator is authorized to convey interests in real property, by lease, sale, or exchange, to a private entity. (e) Obligations To Make Payments.--Any obligation to make payments by the Administrator for the use of space, goods, or services by the General Services Administration on property that is subject to an agreement under this section may only be made to the extent that necessary funds have been made available, in advance, in an annual appropriations Act, to the Administrator from the Federal Buildings Fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (f) National Capital Planning Commission.-- (1) Statutory construction.--Nothing in this section may be construed to limit or otherwise affect the authority of the National Capital Planning Commission with respect to the Southeast Federal Center. (2) Vision plan.--An agreement entered into under this section shall ensure that redevelopment of the Southeast Federal Center is consistent, to the extent practicable (as determined by the Administrator, in consultation with the National Capital Planning Commission), with the objectives of the National Capital Planning Commission's vision plan entitled ``Extending the Legacy: Planning America's Capital in the 21st Century'', adopted by the Commission in November 1997. (g) Relationship to Other Laws.-- (1) In general.--The authority of the Administrator under this section shall not be subject to-- (A) section 321 of the Act of June 30, 1932 (40 U.S.C. 303b); (B) sections 202 and 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484); (C) section 7(a) of the Public Buildings Act of 1959 (40 U.S.C. 606(a)); or (D) any other provision of law (other than Federal laws relating to environmental and historic preservation) inconsistent with this section. (2) Unutilized or underutilized property.--Any facility covered under an agreement entered into under this section may not be considered to be unutilized or underutilized for purposes of section 501 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11411). SEC. 4. REPORTING REQUIREMENT. (a) In General.--Before entering into an agreement under section 3, the Administrator of General Services shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Governmental Affairs of the Senate a report on the proposed agreement. (b) Contents.--A report transmitted under this section shall include a summary of a cost-benefit analysis of the proposed agreement and a description of the provisions of the proposed agreement. (c) Review by Congress.--A proposed agreement under section 3 may not become effective until the end of a 30-day period of continuous session of Congress following the date of the transmittal of a report on the agreement under this section. For purposes of the preceding sentence, continuity of a session of Congress is broken only by an adjournment sine die, and there shall be excluded from the computation of such 30-day period any day during which either House of Congress is not in session during an adjournment of more than 3 days to a day certain. SEC. 5. USE OF PROCEEDS. (a) In General.--Net proceeds from an agreement entered into under section 3 shall be deposited into, administered, and expended, subject to appropriations Acts, as part of the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). In this subsection, the term ``net proceeds from an agreement entered into under section 3'' means the proceeds from the agreement minus the expenses incurred by the Administrator with respect to the agreement. (b) Recovery of Expenses.--The Administrator may retain from the proceeds of an agreement entered into under section 3 amounts necessary to recover the expenses incurred by the Administrator with respect to the agreement. Such amounts shall be deposited in the account in the Treasury from which the Administrator incurs expenses related to disposals of real property. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Requires the Administrator, before entering into a final agreement, to report to specified congressional committees. Requires a 30-day waiting period after such submission before the agreement may become effective. Requires any net proceeds (after expenses) under an agreement to be deposited into the Federal Buildings Fund established under the Federal Property and Administrative Services Act of 1949. |
SECTION 1. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS. Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is amended by adding at the end the following: ``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS. ``(a) Discontinuance of Regulation by the Commission.-- Notwithstanding sections 4(e) and 23(b), the Commission shall discontinue exercising licensing and regulatory authority under this Part over qualifying project works in the State of Alaska, effective on the date on which the Commission certifies that the State of Alaska has in place a regulatory program for water-power development that-- ``(1) protects the public interest, the purposes listed in paragraph (2), and the environment to the same extent provided by licensing and regulation by the Commission under this Part and other applicable Federal laws, including the Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.); ``(2) gives equal consideration to the purposes of-- ``(A) energy conservation; ``(B) the protection, mitigation of damage to, and enhancement of, fish and wildlife (including related spawning grounds and habitat); ``(C) the protection of recreational opportunities, ``(D) the preservation of other aspects of environmental quality, ``(E) the interests of Alaska Natives, and ``(F) other beneficial public uses, including irrigation, flood control, water supply, and navigation; and ``(3) requires, as a condition of a license for any project works-- ``(A) the construction, maintenance, and operation by a licensee at its own expense of such lights and signals as may be directed by the Secretary of the Department in which the Coast Guard is operating, and such fishways as may be prescribed by the Secretary of the Interior or the Secretary of Commerce, as appropriate; ``(B) the operation of any navigation facilities which may be constructed as part of any project to be controlled at all times by such reasonable rules and regulations as may be made by the Secretary of the Army; and ``(C) conditions for the protection, mitigation, and enhancement of fish and wildlife based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies. ``(b) Definition of `Qualifying Project Works'.--For purposes of this section, the term ``qualifying project works'' means project works-- ``(1) that are not part of a project licensed under this Part or exempted from licensing under this Part or section 405 of the Public Utility Regulatory Policies Act of 1978 prior to the date of enactment of this section; ``(2) for which a preliminary permit, a license application, or an application for an exemption from licensing has not been accepted for filing by the Commission prior to the date of enactment of subsection (c) (unless such application is withdrawn at the election of the applicant); ``(3) that are part of a project that has a power production capacity of 5,000 kilowatts or less; ``(4) that are located entirely within the boundaries of the State of Alaska; and ``(5) that are not located in whole or in part on any Indian reservation, a conservation system unit (as defined in section 102(4) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(4))), or segment of a river designated for study for addition to the Wild and Scenic Rivers System. ``(c) Election of State Licensing.--In the case of nonqualifying project works that would be a qualifying project works but for the fact that the project has been licensed (or exempted from licensing) by the Commission prior to the enactment of this section, the licensee of such project may in its discretion elect to make the project subject to licensing and regulation by the State of Alaska under this section. ``(d) Project Works on Federal Lands.--With respect to projects located in whole or in part on a reservation, a conservation system unit, or the public lands, a State license or exemption from licensing shall be subject to-- ``(1) the approval of the Secretary having jurisdiction over such lands; and ``(2) such conditions as the Secretary may prescribe. ``(e) Consultation With Affected Agencies.--The Commission shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce before certifying the State of Alaska's regulatory program. ``(f) Application of Federal Laws.--Nothing in this section shall preempt the application of Federal environmental, natural resources, or cultural resources protection laws according to their terms. ``(g) Oversight by the Commission.--The State of Alaska shall notify the Commission not later than 30 days after making any significant modification to its regulatory program. The Commission shall periodically review the State's program to ensure compliance with the provisions of this section. ``(h) Resumption of Commission Authority.--Notwithstanding subsection (a), the Commission shall reassert its licensing and regulatory authority under this Part if the Commission finds that the State of Alaska has not complied with one or more of the requirements of this section. ``(i) Determination by the Commission.-- ``(1) Upon application by the Governor of the State of Alaska, the Commission shall within 30 days commence a review of the State of Alaska's regulatory program for water-power development to determine whether it complies with the requirements of subsection (a). ``(2) The Commission's review required by paragraph (1) shall be completed within one year of initiation, and the Commission shall within 30 days thereafter issue a final order determining whether or not the State of Alaska's regulatory program for water-power development complies with the requirements of subsection (a). ``(3) If the Commission fails to issue a final order in accordance with paragraph (2), the State of Alaska's regulatory program for water-power development shall be deemed to be in compliance with subsection (a).''. SEC. 2. VOLUNTARY LICENSING OF HYDROELECTRIC PROJECTS ON FRESH WATERS IN THE STATE OF HAWAII. Section 4(e) of the Federal Power Act is amended by striking ``several States, or upon'' and inserting ``several States (except fresh waters in the State of Hawaii, unless a license would be required by section 23 of the Act), or upon''. SEC. 3. LIMITED EXEMPTION FOR TRANSMISSION FACILITIES ASSOCIATED WITH THE EL VADO HYDROELECTRIC PROJECT. (a) Part I of the Federal Power Act, and the jurisdiction of the Federal Energy Regulatory Commission under such part I, shall not apply to the transmission line facilities associated with the El Vado Hydroelectric project (FERC project No. 5226) which are described in subsection (b). (b) The facilities to which the exemption under subsection (a) applies are those transmission facilities located near the Rio Chama, a tributary of the Rio Grande, in Rio Arriba County, New Mexico, referred to as the El Vado transmission line, a three phase 12-mile long 69 kV power line installed within a 50-foot wide right-of-way in Rio Arriba County, New Mexico, originating at the El Vado project's switchyard and connecting to the Spills 69 kV switching station operated by the Northern Arriba Electric Cooperative Inc. SEC. 4. FERC EXTENSION OF COMMENCEMENT OF CONSTRUCTION DEADLINE FOR HYDROELECTRIC PROJECTS. The second sentence in section 13 of the Federal Power Act (15 U.S.C. 806) is amended to read as follows: ``The period for the commencement of construction may be extended by the Commission for not longer than ten years from the issuance date of the license when not incompatible with the public interest, and the period for the completion of construction carried on in good faith and with reasonable diligence may be extended by the Commission when not incompatible with the public interest.''. SEC. 5. TECHNICAL CORRECTION. Section 6 of the Federal Power Act (16 U.S.C. 799) is amended by adding at the end the following: Licenses may be revoked only for the reasons and in the manner prescribed under the provisions of this Act, and may be altered or surrendered only upon mutual agreement between the license and the Commission after thirty days' public notice. Passed the Senate June 25, 1998. Attest: GARY SISCO, Secretary. | Amends the Federal Power Act to direct the Federal Energy Regulatory Commission (FERC) to discontinue its licensing and regulatory authority over certain new, small (power production capacity of 5,000 kilowatts or less) qualifying hydroelectric project works in Alaska, effective upon FERC certification that Alaska has a regulatory program in place for water-power development meeting specified criteria. Prescribes such criteria as: (1) protection of certain public and environmental interests to the same extent provided by FERC and specified Federal law; (2) equal consideration given to energy conservation, fish and wildlife protection, recreational opportunities, environmental quality, the interests of Alaska Natives, and beneficial public uses; and (3) licensing requirements for construction, operation and maintenance of lights, signals, and fishways by a licensee at its own expense, operation of navigation facilities subject to Secretary of the Army regulations, and fish and wildlife protection and enhancement based upon Federal and State agency recommendations. Authorizes the licensee of a project works licensed before enactment of this Act to elect to subject such works to licensing and regulation by Alaska in accordance with this Act. Declares that, with respect to project works on an Indian reservation, a conservation system unit, or Federal public lands, a State license or exemption from license shall be subject to the approval of the Secretary having jurisdiction over such lands, and such conditions as the Secretary may prescribe. Requires FERC to consult with the Secretaries of the Interior, of Agriculture, and of Commerce before certifying Alaska's regulatory program. Requires the State of Alaska to notify FERC within 30 days after making any significant modification to its regulatory program. Requires FERC to reassert its regulatory and licensing authority if Alaska has not complied with one or more requirements of this Act. Prescribes FERC compliance review procedures. (Sec. 2) Excludes from FERC voluntary licensing jurisdiction any hydroelectric projects upon fresh waters in Hawaii, unless a license would be required because: (1) the waters are navigable; or (2) the projects affect interstate commerce, are located on Federal lands, or use water from a government dam. (Sec. 3) Exempts from FERC licensing requirements certain transmission line facilities associated with the El Vado Hydroelectric Project in New Mexico. (Sec. 4) Extends the deadline for commencement of construction of hydroelectric projects from two years to ten years from date of license issuance. (Sec. 5) Restores the provision that licenses may be revoked only in accordance with the Federal Power Act, and may be altered or surrendered upon mutual agreement between the licensee and FERC after public notice. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Radio Free Asia Act of 1993''. SEC. 2. FINDINGS. The Congress finds that-- (1) it is the policy of the United States to promote the right of all people, enshrined in the Universal Declaration of Human Rights, to ``seek, receive and impart information and ideas through any media and regardless of frontiers''; (2) pursuant to this policy, the United States has for decades actively supported the dissemination of accurate information and the promotion of democratic ideals among the peoples of nations throughout the world; (3) prominent in the implementation of this policy has been United States support for the Radio Free Europe, Radio Liberty, and Radio Marti, which have broadcast accurate and timely information to the oppressed people of Eastern Europe, the former Soviet Union, and Cuba, respectively, about events in those countries; (4) the introduction of similar radio broadcasting to the People's Republic of China, a country where all media remain under strict government control, would sharply increase the dissemination among China's citizens of accurate information and ideas relating to developments within China itself; (5) the establishment of similar broadcasting to the other totalitarian states of Asia would also increase the dissemination of news and information to the people of those countries; and (6) such broadcasting to the totalitarian nations of Asia, conducted in accordance with the highest professional standards, would serve the goals of United States foreign policy by promoting freedom in those nations and would bring closer the day when all the world's major powers are cooperating democracies. SEC. 3. SUPPORT FOR RADIO BROADCASTING TO ASIA. The Board for International Broadcasting Act of 1973 (22 U.S.C. 2871 et seq.) is amended by adding at the end thereof the following new section: ``radio broadcasting to asia ``Sec. 15. (a) The Board for International Broadcasting is authorized to designate one organization constituted on the model of RFE/RL, Incorporated, as eligible to receive funds under this Act for purposes of carrying out radio broadcasting to the People's Republic of China, Burma, and Cambodia, Laos, North Korea, Tibet, and Vietnam. Such broadcasts shall be designated `Radio Free Asia'. ``(b) In implementing subsection (a), the Board for International Broadcasting shall consider the recommendations of the Commission on Broadcasting to the People's Republic of China established by section 243 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 705). ``(c)(1) The authorities, responsibilities, requirements, and limitations provided in this Act for the Board, the Comptroller General of the United States, the Secretary of State, and the Board of Directors, of the RFE/RL, Incorporated, with respect to RFE/RL, Incorporated, in Eastern Europe and the former Soviet Union, shall apply with respect to an organization designated under subsection (a) and the broadcasts by that organization in Asia. ``(2) Paragraph (1) does not apply to the requirements of section 10 and the authority provided in section 12.''. SEC. 4. BOARD FOR INTERNATIONAL BROADCASTING. (a) Increased Membership.--Section 3(b) of such Act (22 U.S.C. 2872(b)) is amended in paragraph (1)-- (1) by striking out ``ten members, one of whom shall be an ex officio member'' and inserting in lieu thereof ``fourteen, two of whom shall be ex officio members''; (2) by striking out ``nine'' in the second sentence and inserting in lieu thereof ``twelve''; (3) by striking out ``five'' in the third sentence and inserting in lieu thereof ``seven''; and (4) by striking out the fourth sentence and inserting in lieu thereof the following: ``The chief operating executive of RFE/RL, Incorporated, and the chief operating executive of a similar organization designated under section 15 shall each be ex officio members of the Board and may participate in the activities of the Board, but may not vote in the determinations of the Board.''. (b) Terms of Presidential Appointees.--Paragraph (3) of such section 3(b) is amended to read as follows: ``(3)(A) Except as provided in subparagraphs (B) and (C), the term of office of each member of the Board appointed by the President shall be three years. ``(B) The terms of office of the individuals initially appointed as the four additional voting members of the Board who are provided for by the Board for International Broadcasting Authorization Act, Fiscal Years 1982 and 1983, shall be one, two, or three years (as designated by the President at the time of their appointment) so that the terms of one-third of the voting members of the Board expire each year. ``(C) Of the members initially appointed as the three additional voting members of the Board provided for by the amendments made by section 4(a) of the Radio Free Asia Act of 1993, one member shall be appointed for an initial term of one year, one member shall be appointed for an initial term of two years, and one member shall be appointed for an initial term of three years. ``(D) The President shall appoint, by and with the advice and consent of the Senate, members to fill vacancies occurring prior to the expiration of a term, in which case the members so appointed shall serve for the remainder of such term. ``(E) Any member whose term has expired may serve until his or her successor has been appointed and qualified.''. (c) Terms of Ex Officio Members.--Paragraph (4) of such section 3(b) is amended-- (1) by striking out ``The ex officio member'' and inserting in lieu thereof ``Each ex officio member''; and (2) by inserting before the period at the end the following: ``, or as chief operative executive of a similar organization designated under section 15, as the case may be''. SEC. 5. CONFORMING AMENDMENTS. Section 2 of such Act (22 U.S.C. 2871) is amended-- (1) in paragraph (4), by striking out ``as an independent broadcast media'' and inserting in lieu thereof ``and the establishment of an organization similar to RFE/RL, Incorporated, for conducting radio broadcasting to the totalitarian nations of Asia, as independent broadcast media''; and (2) by striking out paragraph (5) and inserting in lieu thereof the following: ``(5) that it is desirable to establish a Board for International Broadcasting in order-- ``(A) to provide an effective instrumentality for the continuation of assistance to RFE/RL, Incorporated, and for the furnishing of assistance to an organization similar to RFE/RL, Incorporated, that conducts radio broadcasting to the totalitarian nations of Asia; and ``(B) to encourage a constructive dialog with the peoples of the former Union of Soviet Socialist Republics, Eastern Europe, Afghanistan (until the government in Kabul is replaced by a government achieved through a free act of self-determination), the People's Republic of China, Burma, Cambodia, Laos, North Korea, Tibet, and Vietnam.''. | Radio Free Asia Act of 1993 - Amends the Board for International Broadcasting Act of 1973 to authorize the Board for International Broadcasting to designate one organization constituted on the model of Radio Free Europe/Radio Liberty (RFE/RL), Incorporated, to carry out radio broadcasting to China, Tibet, Burma (a.k.a. Myanmar), Cambodia, Laos, North Korea, and Vietnam. Designates such broadcasts as Radio Free China. Increases the number of Board members. Limits terms of Board members who are presidential appointees to three years. Sets forth additional provisions concerning membership terms. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Insurance Protection for Victims of Domestic Violence Act of 1996''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE. The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following new title: ``TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO VICTIMS OF DOMESTIC VIOLENCE ``SEC. 2701. LIMITATIONS ON UNDERWRITING. ``An insurer may not deny or cancel health insurance, or vary the terms and conditions of health insurance-- ``(1) to an individual on the basis that the individual or family member-- ``(A) is, has been, or may be the subject of an act of domestic violence; ``(B) has had prior injuries that resulted from an act of domestic violence; ``(C) seeks, has sought, or should have sought medical or psychological treatment for protection against an act of domestic violence; or ``(D) seeks, has sought, or should have sought shelter from an act of domestic violence; or ``(2) to or for a group or employer on the basis that the group includes or the employer employs, or provides or subsidizes insurance for, an individual described in paragraph (1). ``SEC. 2702. LIMITATION ON DISCLOSURE OF INFORMATION. ``(a) Prohibition.--Except as provided in paragraph (2), regardless of the manner in which information was received, an insurer may not disclose or be compelled (by subpoena or any other means) to disclose information concerning the status of an individual as a victim of domestic violence (including the relationship of a medical condition to an incident or pattern of domestic violence), or the status of an individual as a family member, employer, associate, or person in a relationship with an individual who is the victim of domestic violence, unless the individual involved provides a written authorization. ``(b) Exception.--Notwithstanding paragraph (1), information concerning the abuse status of an individual may be disclosed if such disclosure-- ``(1) is required under the specific order of a Federal or State court; or ``(2) is required by the State Insurance Commissioner. ``SEC. 2703. ESTABLISHMENT OF STANDARDS. ``(a) Role of National Association of Insurance Commissioners.-- ``(1) In general.--The Secretary shall request the National Association of Insurance Commissioners to develop, in consultation with nonprofit domestic violence victim advocacy organizations, within 9 months after the date of the enactment of this title, model standards that incorporate the limitations on underwriting set forth in section 2701, and provide procedures for enforcement for such provisions, including a private right of action. ``(2) Review of standards.--If the Association develops recommended regulations specifying the standards within the period, the Secretary shall review the standards. The review shall be completed within 90 days after the date the regulations are developed. Unless the Secretary determines within the period that such standards do not meet the requirements, such standards shall serve as the standards under this title, with such amendments as the Secretary determines to be necessary. ``(b) Contingency.--If the Association does not develop the model regulations within the 9 month period beginning on the date of the enactment of this title, or the Secretary determines that the regulations do not specify standards that meet the requirements described in subsection (a), the Secretary shall specify, within 15 months after the date of the enactment of this title, standards to carry out the requirements. ``(c) Application of Standards.-- ``(1) In general.--Each State shall submit to the Secretary, by the deadline specified in paragraph (2), a report on actions the State is taking to implement and enforce the standards established under this section with respect to insurers and health insurance coverage offered or renewed not later than such deadline. ``(2) Deadline for report.--Each State shall file the report described in paragraph (1) not later than 1 year after the date that standards are established under subsection (a) or, in the event of the failure of the Association to develop timely model regulations, under subsection (b). ``(d) Federal Role.-- ``(1) Notice of deficiency.--If the Secretary determines that a State has failed to submit a report by the deadline specified by subsection (c), or finds that the State has not implemented and provided adequate enforcement of the standards established under subsection (a) or (b), the Secretary shall notify the State and provide the State a period of 60 days in which to submit the report. ``(2) Implementation of alternative enforcement mechanism.-- ``(A) In general.--If, after the 60-day period, the Secretary finds that such a failure has not been corrected, the Secretary shall within 30 days provide for a mechanism for the implementation and enforcement of such standards in the State as the Secretary determines to be appropriate. ``(B) Civil penalty.--Under any implementation and enforcement mechanism established by the Secretary pursuant to this paragraph, the Secretary shall have the authority to impose on an insurer a civil monetary penalty in the amount of $10,000 for each day during which such insurer violates the requirements described in section 2701, or the standards developed under this section. Liability for such penalty shall begin to accrue on the 30th day after the Secretary has provided such insurer with notice of its noncompliance, if the insurer has failed to correct the deficiency by such date. ``(C) Effective period.--Any such implementation and enforcement mechanism established by the Secretary shall take effect with respect to insurers, and health insurance coverage offered or renewed, on or after 3 months after the date of the Secretary's finding under paragraph (1), and until the date the Secretary finds that such a failure has been corrected. ``(3) Federal civil right of action.-- ``(A) In general.--Any individual aggrieved as a result of conduct prohibited by section 2701 may bring a civil action in the appropriate United States district court against the insurer. ``(B) Relief.--Upon proof of such conduct by a preponderance of the evidence, the insurer shall be subject to a civil penalty that may include temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys. With respect to compensatory damages, the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation. ``SEC. 2704. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT. ``(a) Application.--Subject to subsection (b), the prohibitions in section 2701 and the standards developed under section 2702 shall apply to group health plans providing health coverage in the same manner as they apply to insurers providing health insurance coverage. The penalty described in section 2702(d)(2)(B) may be imposed by the Secretary of Labor on group health plans that are not in compliance with the requirements of sections 2701 and 2702. ``(b) Substitution of Federal Officials.--For purposes of subsection (a), any reference in section 2702 to-- ``(1) a State or the Secretary of Health and Human Services is deemed to be a reference to the Secretary of Labor; and ``(2) an insurer or health insurance coverage is deemed to be a reference to a group health plan and health coverage, respectively. ``(c) Enforcement.--For purposes of part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131 et seq.) the provisions of this title insofar as they relate to group health plans shall be deemed to be provisions of title I of such Act irrespective of exclusions under section 4(b) of such Act. ``(d) Regulatory Authority.--With respect to the regulatory authority of the Secretary of Labor under this title pursuant to subsection (c), section 505 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1135) shall apply. ``SEC. 2705. DEFINITIONS. ``For purposes of this title: ``(1) Act of domestic violence.--The term `act of domestic violence' means the occurrence of one or more of the following acts between family or household members, current or former sexual or intimate partners, or persons sharing biological parenthood-- ``(A) attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, or sexual abuse as such term is defined in section 2242 of title 18, United States Code; ``(B) placing, by physical menace, another individual in reasonable fear of imminent serious bodily injury; ``(C) infliction of false imprisonment; or ``(D) physically or sexually abusing minor children. ``(2) Association.--The term `Association' means the National Association of Insurance Commissioners. ``(3) Insurer.-- ``(A) In general.--The term `insurer' means a health benefit plan or a health care provider that conducts activities related to the protection of public health. ``(B) Health benefit plan.--The term `health benefit plan' means any public or private entity or program that provides for payments for health care, including-- ``(i) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167)) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; and ``(ii) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract. ``(C) Health care provider.--The term `health care provider' means a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395u)), a physician, a supplier, or any other person furnishing health care, including a Federal or State program that provides directly for the provision of health care to beneficiaries.''. | Insurance Protection for Victims of Domestic Violence Act of 1996 - Amends the Public Health Service Act to create a new title prohibiting health insurers from: (1) discriminating against an individual or group because the individual or a family member is the subject of domestic violence; or (2) disclosing or being compelled (subject to exception) to disclose information concerning the status of an individual as a victim of domestic violence. Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action. Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``21st Century Energy Workforce Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the energy sector is the third-largest industry in the United States; (2) 1,500,000 new skilled workers will be needed in the energy sector over the next 15 years; and (3) a skilled workforce is a critical component of ensuring the growth of the energy sector in the United States. SEC. 3. DEFINITIONS. In this Act: (1) Apprenticeship program.--The term ``apprenticeship program'' means-- (A) an apprenticeship program registered with the Department of Labor as of the date of enactment of this Act that has a completion rate for participants of not less than 60 percent; or (B) an apprenticeship program not registered with the Department of Labor as of the date of enactment of this Act, but that the Secretary determines should be eligible for a grant under section 5. (2) Board.--The term ``Board'' means the National Center of Excellence for the 21st Century Workforce Advisory Board established under section 4(a). (3) Community college.--The term ``community college'' means a junior or community college (as defined in section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 1058(f))). (4) Program.--The term ``program'' means the pilot program established under section 5(a). (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (6) Veterans service organization.--The term ``veterans service organization'' means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. SEC. 4. NATIONAL CENTER OF EXCELLENCE FOR THE 21ST CENTURY WORKFORCE. (a) In General.--The Secretary shall establish a nationwide advisory board, to be known as the ``National Center of Excellence for the 21st Century Workforce Advisory Board'', to foster strategic vision, guidance, and networks for the energy industry. (b) Representatives.--The members of the Board shall consist of energy sector stakeholders, including-- (1) representatives of relevant industries; (2) experts in labor, economics, and workforce development; (3) representatives of States and units of local government; (4) representatives of elementary and secondary education and postsecondary education; and (5) representatives of labor organizations. (c) Purposes.--The purposes of the Board are-- (1) to support and develop training and science education programs that-- (A) meet the industry and labor needs of the energy sector; and (B) provide opportunities for students to become qualified for placement in traditional and clean energy sector jobs; (2) to align apprenticeship programs and industry certifications to further develop succession planning in the energy sector; (3) to integrate educational standards to develop foundational skills for elementary and secondary education and postsecondary education to create a pipeline between education and career; and (4) to support the replication of existing model energy curricula. SEC. 5. ENERGY WORKFORCE PILOT GRANT PROGRAM. (a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall establish a pilot program to award grants on a competitive basis to eligible entities for job training to obtain an industry-recognized credential. (b) Eligibility.--To be eligible to receive a grant under this section, an entity shall be a public or nonprofit organization that-- (1) includes an advisory board of proportional participation, as determined by the Secretary, of relevant organizations, including-- (A) relevant energy industry organizations, including public and private employers; (B) labor organizations; and (C) elementary and secondary education and postsecondary education organizations; (2) demonstrates experience in implementing and operating job training and education programs; (3) demonstrates the ability to recruit and support individuals who plan to work in the energy industry in the successful completion of relevant job training and education programs; and (4) provides students who complete the job training and education program with an industry-recognized credential. (c) Applications.--Eligible entities desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Priority.--In selecting eligible entities to receive grants under this section, the Secretary shall prioritize applicants that-- (1) house the job training and education programs in-- (A) a community college or institution of higher education that includes basic science and math education in the curriculum of the community college, institution of higher education; or (B) an apprenticeship program, and with respect to such apprenticeship programs described in section 3(1)(B), the Secretary shall further prioritize such programs that can demonstrate to the Secretary a completion rate for participants of not less than 60 percent; (2) work with the Secretary of Defense or veterans organizations to transition members of the Armed Forces and veterans to careers in the energy sector; (3) apply as a State or regional consortia to leverage best practices already available in the State or region in which the community college or institution of higher education is located; (4) have a State-supported entity included in the application; (5) include an apprenticeship program as part of the job training and education program; (6) develop a mentorship program for energy professionals and elementary and secondary education students; (7) provide support services and career coaching; (8) provide introductory energy workforce development training; or (9) provide industry-affiliated pre-apprenticeship programs, including intensive skill-building programs and intensive short-term programs. (e) Additional Consideration.--In making grants under this section, the Secretary shall consider regional diversity. (f) Limitation on Applications.--An eligible entity may not submit, either individually or as part of a joint application, more than 1 application for a grant under this section during any 1 fiscal year. (g) Limitations on Amount of Grant.--The amount of a grant for any 1 year shall not exceed $1,000,000. (h) Costs.-- (1) Federal share.--The Federal share of the cost of a job training and education program carried out using a grant under this section shall be not greater than 65 percent. (2) Non-federal share.-- (A) In general.--The non-Federal share of the cost of a job training and education program carried out using a grant under this section shall consist of not less than 50 percent cash. (B) Limitation.--Not greater than 50 percent of the non-Federal contribution of the total cost of a job training and education program carried out using a grant under this section shall be in the form of in- kind contributions of goods or services fairly valued. (i) Reduction of Duplication.--Prior to submitting an application for a grant under this section, each applicant shall consult with the applicable agencies of the Federal Government and coordinate the proposed activities of the applicant with existing State and local programs. (j) Technical Assistance.--The Secretary shall provide technical assistance and capacity building to national and State energy partnerships, including the entities described in subsection (b)(1), to leverage the existing job training and education programs of the Department of Energy. (k) Report.--The Secretary shall submit to Congress and make publicly available on the website of the Department of Energy an annual report on the program established under this section, including a description of-- (1) the entities receiving grants; (2) the activities carried out using the grants; (3) best practices used to leverage the investment of the Federal Government; (4) the rate of employment for participants after completing a job training and education program carried out using a grant; and (5) an assessment of the results achieved by the program. (l) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2017 through 2020. | 21st Century Energy Workforce Act This bill directs the Department of Energy (DOE) to establish a National Center of Excellence for the 21st Century Workforce Advisory Board to: (1) support and develop training and science education programs, (2) align apprenticeship programs and industry certifications to further develop succession planning in the energy sector, (3) integrate educational standards to develop foundational skills for elementary and secondary education and postsecondary education to create a pipeline between education and career, and (4) support the replication of existing model energy curricula. DOE shall also establish a pilot program to award grants on a competitive basis to eligible entities for job training to obtain an industry-recognized credential. Grant amounts are limited to $1 million for any one year. The federal share of the cost of a job training and education program using a grant shall be up to 65%, while the non-federal share may not be less than 50% cash. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Charitable Donation Antitrust Immunity Act of 1997''. SEC. 2. IMMUNITY FROM ANTITRUST LAWS. The Charitable Gift Annuity Antitrust Relief Act of 1995 (15 U.S.C. 37 et seq.) is amended-- (1) by amending section 2 to read as follows: ``SEC. 2. IMMUNITY FROM ANTITRUST LAWS. ``(a) Inapplicability of Antitrust Laws.--Except as provided in subsection (d), the antitrust laws, and any State law similar to any of the antitrust laws, shall not apply to charitable gift annuities or charitable remainder trusts. ``(b) Immunity.--Except as provided in subsection (d), any person subjected to any legal proceeding for damages, injunction, penalties, or other relief of any kind under the antitrust laws, or any State law similar to any of the antitrust laws, on account of setting or agreeing to rates of return or other terms for, negotiating, issuing, participating in, implementing, or otherwise being involved in the planning, issuance, or payment of charitable gift annuities or charitable remainder trusts shall have immunity from suit under the antitrust laws, including the right not to bear the cost, burden, and risk of discovery and trial, for the conduct set forth in this subsection. ``(c) Treatment of Certain Annuities and Trusts.--Any annuity treated as a charitable gift annuity, or any trust treated as a charitable remainder trust, either-- ``(1) in any filing by the donor with the Internal Revenue Service; or ``(2) in any schedule, form, or written document provided by or on behalf of the donee to the donor; shall be conclusively presumed for the purposes of this Act to be respectively a charitable gift annuity or a charitable remainder trust, unless there has been a final determination by the Internal Revenue Service that, for fraud or otherwise, the donor's annuity or trust did not qualify respectively as a charitable gift annuity or charitable remainder trust when created. ``(d) Limitation.--Subsections (a) and (b) shall not apply with respect to the enforcement of a State law similar to any of the antitrust laws, with respect to charitable gift annuities, or charitable remainder trusts, created after the State enacts a statute, not later than December 8, 1998, that expressly provides that subsections (a) and (b) shall not apply with respect to such charitable gift annuities and such charitable remainder trusts.''; and (2) in section 3-- (A) by striking paragraph (1); (B) by redesignating paragraph (2) as paragraph (1); (C) by inserting after paragraph (1), as so redesignated, the following: ``(2) Charitable remainder trust.--The term `charitable remainder trust' has the meaning given it in section 664(d) of the Internal Revenue Code of 1986 (26 U.S.C. 664(d)).''; (D) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (E) by inserting after paragraph (3) the following: ``(4) Final determination.--The term `final determination' includes an Internal Revenue Service determination, after exhaustion of donor's and donee's administrative remedies, disallowing the donor's charitable deduction for the year in which the initial contribution was made because of the donee's failure to comply at such time with the requirements of section 501(m)(5) or 664(d), respectively, of the Internal Revenue Code of 1986 (26 U.S.C. 501(m)(5), 664(d)).''. SEC. 3. APPLICATION OF ACT. This Act, and the amendments made by this Act, shall apply with respect to all conduct occurring before, on, or after the date of the enactment of this Act and shall apply in all administrative and judicial actions pending on or commenced after the date of the enactment of this Act. SEC. 4. STUDY AND REPORT. (a) Study and Report.--The Attorney General shall carry out a study to determine the effect of this Act on markets for noncharitable annuities, charitable gift annuities, and charitable remainder trusts. The Attorney General shall prepare a report summarizing the results of the study. (b) Details of Study and Report.--The report referred to in subsection (a) shall include any information on possible inappropriate activity resulting from this Act and any recommendations for legislative changes, including recommendations for additional enforcement resources. (c) Submission of Report.--The Attorney General shall submit the report referred to in subsection (a) to the Chairman and the ranking member of the Committee on the Judiciary of the House of Representatives, and to the Chairman and the ranking member of the Committee on the Judiciary of the Senate, not later than 27 months after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Charitable Donation Antitrust Immunity Act of 1997 - Amends the Charitable Gift Annuity Antitrust Relief Act of 1995 to make the antitrust laws and similar State laws inapplicable to charitable gift annuities or remainder trusts, except as provided under this Act. Grants immunity from suits to persons subjected to legal proceedings for relief of any kind under Federal or State antitrust laws on account of being involved in the planning, issuance, or payment of such annuities or remainder trusts. Presumes that annuities or trusts treated as charitable gift annuities or remainder trusts in filings with the Internal Revenue Service (IRS) or in written documents provided by or on behalf of the donee to the donor are charitable gift annuities or remainder trusts unless the IRS has made a final determination, for fraud or otherwise, that an annuity or trust did not qualify as such. Makes immunity from antitrust laws under this Act inapplicable with respect to enforcement of a State law pertaining to such annuities or trusts created after the State enacts a statute, no later than December 8, 1998, that provides that such immunity is inapplicable. Applies this Act retroactively to conduct occurring before, and administrative and judicial actions pending on, the enactment date. Requires the Attorney General to carry out a study and report to the House and Senate Judiciary Committees on this Act's effect on markets for noncharitable annuities and charitable gift annuities and remainder trusts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Synthetics Trafficking and Overdose Prevention Act of 2017'' or the ``STOP Act of 2017''. SEC. 2. FORMAL ENTRY REQUIREMENTS--POSTAL SERVICE AS CONSIGNEE. Subparagraph (B) of section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)) is amended to read as follows: ``(B)(i) When an entry of merchandise is made under this section, the required documentation or information shall be filed or electronically transmitted-- ``(I) by the owner or purchaser of the merchandise; or ``(II) when appropriately designated by the owner, purchaser, or consignee of the merchandise, by a person holding a valid license under section 641. ``(ii) The Postmaster General shall be deemed the consignee for merchandise, as defined by section 498(c), imported through the mail, and the Postmaster General shall, at the Postmaster General's sole expense, designate a person holding a valid license under section 641 to file the required documentation or information or ensure that the owner or purchaser of the merchandise or a person holding a valid license under section 641 that is designated by the owner or purchaser files the required documentation or information. ``(iii) When a consignee declares on entry that he or she is the owner or purchaser of merchandise, U.S. Customs and Border Protection may, without liability, accept the declaration. ``(iv) For the purposes of this Act, the importer of record must be one of the parties who is eligible to file the documentation or information required by this section.''. SEC. 3. INFORMAL ENTRIES. Section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) is amended by adding at the end the following: ``(c) Application to Postal Shipments.-- ``(1) Definitions.--In this subsection: ``(A) Document.--The term `document' means a piece of written, drawn, printed, or digital information, excluding objects of merchandise, that-- ``(i) is conveyed in an envelope that is less than or equal to 165 millimeters in width, 245 millimeters in length, and 5 millimeters in depth; and ``(ii) weighs 100 grams or less when conveyed. ``(B) Merchandise.--The term `merchandise' has the same meaning as that term is defined in section 401 but does not include a document. ``(2) Requirement.--Notwithstanding any other provision of law, for merchandise meeting the requirements of subsection (a), the Postmaster General shall comply with the entry requirements of section 484. ``(3) Regulations.--Any regulation issued pursuant to this subsection shall apply identical entry procedures for merchandise imported through the mail as are applied for merchandise imported via a private carrier.''. SEC. 4. DE MINIMIS SHIPMENTS. Section 321 of the Tariff Act of 1930 (19 U.S.C. 1321) is amended by adding at the end the following: ``(c)(1) For imported articles that qualify for the administrative exemption under subsection (a)(2) and that arrive at international mail facilities in the United States, the Postmaster General shall be deemed the consignee for such articles that are considered merchandise, as the term is defined in section 498(c). ``(2) In addition to the parties that are authorized to comply with the entry requirements of sections 498 and 484, the Postmaster General, as a consignee, may, using reasonable care, enter such merchandise that qualifies for the administrative exemption under subsection (a)(2).''. SEC. 5. CUSTOMS FEES. (a) In General.--Paragraph (6) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(6)) is amended to read as follows: ``(6)(A) For the arrival of shipments of merchandise (as the term is defined in section 498(c) of the Trade Act of 1930) or any other item that is valued at $2,000 or less (or such higher amount as the Secretary of the Treasury may set by regulation pursuant to section 498 of the Tariff Act of 1930 (19 U.S.C. 1498) and subject to adjustment under subsection (l)) arriving at an international mail facility: ``(i) $1 per individual airway bill or bill of lading (subject to adjustment under subsection (l)); or ``(ii) if such merchandise is formally entered, the fee provided for in paragraph (9), if applicable. ``(B) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the payment required by subparagraph (A) shall be the only payment required for reimbursement of U.S. Customs and Border Protection in connection with the processing of an individual airway bill or bill of lading in accordance with such subparagraph and for providing services at international mail facilities, except that U.S. Customs and Border Protection may require such facilities to cover expenses of the agency for adequate office space, equipment, furnishings, supplies, and security. ``(C) The payment required by subparagraphs (A) and (B) shall be paid on a quarterly basis by the Postmaster General in accordance with regulations prescribed by the Secretary of the Treasury. The payments shall be allocated as follows: ``(i) 50 percent of the amount of payments received in this paragraph shall, in accordance with section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), be deposited in the Customs User Fee Account and shall be used to directly reimburse each appropriation for the amount paid out of that appropriation for the costs incurred in providing services to international mail facilities. Amounts deposited in accordance with the preceding sentence shall be available until expended for the provision of customs services to international mail facilities. ``(ii) Notwithstanding section 524 of the Tariff Act of 1930 (19 U.S.C. 1524), 50 percent of the amount of payments received under this paragraph shall be paid to the Secretary of the Treasury, which is in lieu of the payment of fees under paragraph (10).''. (b) Technical Amendments.--Paragraph (10) of section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)(10)) is amended-- (1) by striking ``or'' in subparagraph (B); (2) by striking the period at the end of subparagraph (C)(iii) and inserting a comma and ``or''; (3) by inserting after subparagraph (C)(iii) the following: ``(D) an international mail facility.''; and (4) in the undesignated material at the end by striking the period and inserting ``or referred to in subparagraph (D) see paragraph (6).''. SEC. 6. MANDATORY ADVANCED ELECTRONIC INFORMATION FOR POSTAL SHIPMENTS. Subparagraph (K) of section 343(a)(3) of the Trade Act of 2002 (Public Law 107-210; 19 U.S.C. 2071 note) is amended to read as follows: ``(K) The Secretary shall require the Postmaster General to transmit or to ensure the transmission of the information required in paragraphs (1) and (2) to U.S. Customs and Border Protection for all shipments by the United States Postal Service which includes shipments that the United States Postal Service receives from foreign postal operators (shipments from foreign postal operators may be transported by private carriers). All regulations issued pursuant to this provision are required to impose the same information requirements on the United States Postal Service and private carriers.''. SEC. 7. MANIFEST PENALTIES APPLIED TO THE UNITED STATES POSTAL SERVICE. (a) Penalties for Violations of the Arrival, Reporting, Entry, and Clearance Requirements.--Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended by adding at the end the following new subsection: ``(e) Civil Penalties Arising From Violations for Postal Shipments.--With respect to civil penalties provided for in subsections (b) and (d) above, the Postmaster General shall be liable for the penalty if the violation was caused by a foreign postal operator or the United States Postal Service.''. (b) Penalties for Falsity or Lack of Manifest.--Section 584 of the Tariff Act of 1930 (19 U.S.C. 1584) is amended by adding at the end the following new subsection: ``(c) Person Directly or Indirectly Responsible Shall Include the Postmaster General.--For purposes of subsection (a), the Postmaster General may be the person directly or indirectly responsible for a discrepancy if the discrepancy is the result of-- ``(1) an omission by a foreign postal operator or the United States Postal Service; or ``(2) false information regarding the shipment that was provided to the carrier by a foreign postal operator or the United States Postal Service.''. SEC. 8. LIMITATION ON INTERNATIONAL POSTAL ARRANGEMENTS. (a) Existing Agreements.-- (1) In general.--In the event that any provision in this Act is found to be in violation of obligations of the United States under the Universal Postal Union, the Secretary of State shall negotiate to amend the relevant provisions of the agreement so that the United States is no longer in violation of the agreement. (2) Construction.--Nothing in this subsection may be construed to require or permit any delay in the implementation of this Act. (b) Future Agreements.--The Secretary of State may not conclude any international postal arrangement pursuant to the authority set out in section 407 of title 39, United States Code, that is inconsistent with this Act or any amendment made by this Act. SEC. 9. APPLICATION OF OTHER CUSTOMS LAWS. (a) In General.--U.S. Customs and Border Protection shall ensure that all merchandise, as that term is defined in subsection (c) of section 498 of the Tariff Act of 1930 (19 U.S.C. 1498), imported to the United States through the mail shall be subject to the same import procedures, legal restrictions, and certifications as merchandise imported by private carriers. (b) Regulations.--The Secretary of the Treasury shall issue regulations pursuant to this Act to ensure that merchandise imported through the mail is in accordance with Federal law. SEC. 10. COST RECOUPMENT. The Postmaster General shall ensure that all costs associated with complying with this Act, as well as all penalties assessed against the Postmaster General, are charged directly to foreign shippers, foreign postal operators, or United States ultimate consignees. SEC. 11. EFFECTIVE DATE; REGULATIONS. (a) Effective Date.--This Act shall become effective upon the date of the enactment of this Act. (b) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall prescribe all regulations required under this Act. | Synthetics Trafficking and Overdose Prevention Act of 2017 or the STOP Act of 2017 This bill amends the Tariff Act of 1930 to make the Postmaster General the consignee (i.e., the entity financially responsible for the receipt of a shipment) for merchandise, excluding documents, imported through the mail into the United States. The Postmaster General must designate licensed customs brokers to file required documents or information for such shipments. The bill amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to impose a customs user fee on postal shipments or any other item valued at $2,000 or less arriving at an international mail facility. The bill amends the Trade Act of 2002 to direct the Department of the Treasury to require the Postmaster General to provide for the advanced electronic transmission to the U.S. Customs and Border Protection of certain information for all postal shipments made by the U.S. Postal Service (USPS), including postal shipments it receives from foreign postal operators. The Postmaster General: shall be liable for civil penalties for postal shipment violations committed by a foreign postal operator or the USPS; may be directly or indirectly responsible for discrepancies resulting from omissions made or false information provided by a foreign postal operator or the USPS; and shall ensure that all costs and penalties associated with complying with this bill are recouped from foreign shippers, foreign postal operators, or U.S. ultimate consignees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018'' or the ``PEERING Act of 2018''. SEC. 2. NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION GRANTS. (a) Grants.--On and after the first day of the first fiscal year beginning after the date on which the Assistant Secretary establishes rules and timelines under subsection (d), the Assistant Secretary shall award grants to entities to acquire real property and necessary equipment to-- (1) establish a new internet exchange facility in a core based statistical area in which, at the time the grant is made, there are no existing internet exchange facilities; or (2) expand operations at an existing internet exchange facility in a core based statistical area in which, at the time the grant is made, there is only one internet exchange facility. (b) Eligibility.--An entity may not receive a covered grant unless the entity certifies to the Assistant Secretary that the entity has sufficient interest from third-party entities that will use the internet exchange facility to be funded by the grant once the facility is established or operations are expanded, as applicable. (c) Federal Share.--The Federal share of the total cost of the establishment or expansion of operations at an internet exchange facility for which a covered grant is received may not exceed 50 percent. (d) Applications.-- (1) Rules and timelines.--Not later than 1 year after the date of the enactment of this Act, the Assistant Secretary shall establish rules and timelines for applications for covered grants. (2) Third-party review.--To prevent fraud in the covered grant program, the Assistant Secretary shall enter into a contract with an independent third party under which the third party reviews an application for a covered grant not later than 60 days after the date on which the application is submitted to ensure that only an entity that is eligible for a covered grant receives a covered grant. (e) Rule of Construction.--Nothing in this section shall be construed to authorize the Assistant Secretary to regulate, issue guidance for, or otherwise interfere with the activities at an internet exchange facility. (f) No Additional Funds Authorized.--No additional funds are authorized to be appropriated to carry out this section. This section shall be carried out using amounts otherwise authorized. SEC. 3. USE OF E-RATE AND RURAL HEALTH CARE UNIVERSAL SERVICE SUPPORT. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended by adding at the end the following: ``(m) Use of E-Rate and Rural Health Care Support for Costs Relating to Internet Exchange Facility Connection.-- ``(1) In general.--Notwithstanding any other provision of law or regulation, including subpart F or G of part 54 of title 47, Code of Federal Regulations, a recipient of support under such subpart F or G may receive support under such subpart-- ``(A) to contract with a broadband internet service provider to obtain connection to an internet exchange facility; or ``(B) for the costs of maintaining a point of presence at an internet exchange facility. ``(2) Rule of construction.--Nothing in this subsection shall be construed to authorize the Commission to regulate, issue guidance for, or otherwise interfere with the activities at an internet exchange facility. ``(3) Internet exchange facility defined.--In this subsection, the term `internet exchange facility' means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks.''. SEC. 4. DEFINITIONS. In this Act: (1) Assistant secretary.--The term ``Assistant Secretary'' means the Assistant Secretary of Commerce for Communications and Information. (2) Core based statistical area.--The term ``core based statistical area'' has the meaning given such term by the Office of Management and Budget in the Notice of Decision entitled ``2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas'', published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to such Notice. (3) Covered grant.--The term ``covered grant'' means a grant awarded under section 2(a). (4) Internet exchange facility.--The term ``internet exchange facility'' means physical infrastructure through which internet service providers and content delivery networks exchange internet traffic between their networks. | Promoting Exchanges for Enhanced Routing of Information so Networks are Great Act of 2018 or the PEERING Act of 2018 This bill requires the Department of Commerce to award grants for entities to acquire real property and necessary equipment to establish a new Internet exchange facility in areas where there are no existing Internet exchange facilities, or to expand operations at an existing Internet exchange facility where there is only one Internet exchange facility. An Internet exchange facility is the physical infrastructure through which Internet service providers and content delivery networks exchange Internet traffic between their networks. The bill amends the Communications Act of 1934 to allow schools, libraries, and rural health care providers that receive funds to pay for telecommunications to use the funds to contract with a broadband provider to obtain a connection at an Internet exchange facility or to pay the costs for maintaining a connection at such a facility. |
SECTION. 1. SHORT TITLE. This Act may be cited as the ``Consumer Product Safety Commission Enhanced Enforcement Act of 2000''. SEC. 2. REPAIR, REPLACEMENT, OR REFUND. (a) Section 15(d) of the Consumer Product Safety Act (15 U.S.C. 2064(d)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or retailer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph(1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or retailer to take whichever of those actions the manufacturer, distributor, or retailer elects.''. (b) Section 15(b) of the Federal Hazardous Substances Act (15 U.S.C. 1274(b)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under paragraph (1), (2), or (3) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in paragraph (1), (2), or (3) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in paragraph (1), (2), or (3) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.'' (c) Section 15(c)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1274(c)(2)) is amended-- (1) by striking ``If'' in the first sentence and inserting ``Subject to the last 2 sentences of this subsection, if''; and (2) by adding at the end the following: ``If the Commission determines (after affording opportunity for an informal hearing) that the action that the manufacturer, distributor, or dealer has elected to take under subparagraph (A), (B), or (C) is not in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever other action specified in subparagraph (A), (B), or (C) that the Commission determines to be in the public interest. If the Commission determines that both of the remaining actions specified in subparagraph (A), (B), or (C) are in the public interest, the Commission shall order the manufacturer, distributor, or dealer to take whichever of those actions the manufacturer, distributor, or dealer elects.''. SEC. 3. CIVIL PENALTIES. (a) Section 20(a) of the Consumer Product Safety Act (15 U.S.C. 2069(a)) is amended to read as follows: ``(a) Amount of Penalty.-- ``(1) Any person who knowingly violates section 19 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of paragraph (1), (2), (4), (5), (6), (7), (8), (9), (10), or (11) of section 19(a) shall constitute a separate offense with respect to each consumer product involved. A violation of section 19(a)(3) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required thereby, and, if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) shall not apply to violations of paragraph (1) or (2) of section 19(a)-- ``(A) if the person who violated such paragraph is not the manufacturer or private labeler or a distributor of the product involved, and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the product violated such paragraph; or ``(ii) notice from the Commission that such distribution or sale would be a violation of such paragraph. ``(3)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. (b) Section 5(c) of the Federal Hazardous Substances Act (15 U.S.C. 1264(c)) is amended to read as follows: ``(c) Civil Penalties.-- ``(1) Any person who knowingly violates section 4 shall be subject to a civil penalty not to exceed $7,000 for each such violation. Subject to paragraph (2), a violation of subsection (a), (b), (c), (d), (f), (g), (i), (j), or (k) of section 4 shall constitute a separate offense with respect to each substance involved. A violation of section 4(e) shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by section 4(e), and if such violation is a continuing one, each day of such violation shall constitute a separate offense. ``(2) The second sentence of paragraph (1) of this subsection shall not apply to violations of subsection (a) or (c) of section 4-- ``(A) if the person who violated such subsection is not the manufacturer, importer, or private labeler or a distributor of the substance involved; and ``(B) if such person did not have either-- ``(i) actual knowledge that such person's distribution or sale of the substance violated such subsection, or ``(ii) notice from the Commission that such distribution or sale would be a violation of such subsection. ``(3) In determining the amount of any penalty to be sought upon commencing an action seeking to assess a penalty for a violation of section 4, the Commission shall consider the nature of the substance, the severity of the risk of injury, the occurrence or absence of injury, the amount of the substance distributed, and the appropriateness of such penalty in relation to the size of the business of the person charged. ``(4) Any civil penalty under this subsection may be compromised by the Commission. In determining the amount of such compromised penalty or whether it should be remitted or mitigated and in what amount, the Commission shall consider the appropriateness of such penalty to the size of the business of the persons charged, the nature of the substance involved, the severity of the risk of injury, the occurrence or absence of injury, and the amount of the substance distributed. The amount of such penalty when finally determined, or the amount agreed on compromise, may be deducted from any sums owing by the United States to the person charged. ``(5) As used in the first sentence of paragraph (1), the term `knowingly' means-- ``(A) having actual knowledge, or ``(B) the presumed having of knowledge deemed to be possessed by a reasonable person who acts in the circumstances, including knowledge obtainable upon the exercise of due care to ascertain the truth of representations. ``(6)(A) The penalty amount authorized in paragraph (1) shall be adjusted for inflation by increasing the amount referred to in paragraph (1) by the cost-of-living adjustment for the preceding 5 years. Any increase determined under the preceding sentence shall be rounded up to-- ``(i) in the case of a penalty amount less than or equal to $10,000, the nearest multiple of $1,000; ``(ii) in the case of a penalty amount greater than $10,000, the nearest multiple of $5,000. ``(B) Not later than December 1, 2005, and December 1 of each 5th calendar year thereafter, the Commission shall prescribe and publish in the Federal Register the authorized penalty amount that shall apply for violations that occur after January 1 of the year immediately following such publication. ``(C) For purposes of subparagraph (A): ``(i) The term `Consumer Price Index' means the Consumer Price Index for all urban consumers published by the Department of Labor. ``(ii) The term `cost-of-living adjustment for the preceding 5 years' means the percentage by which-- ``(I) the Consumer Price Index for the month of June of the calendar year preceding the adjustment exceeds ``(II) the Consumer Price Index for the month of June preceding the date on which the maximum authorized penalty was last adjusted.''. SEC. 4. CRIMINAL PENALTIES. (a) Section 21 of the Consumer Product Safety Act (15 U.S.C. 2070) is amended to read as follows: ``(a) Any person who knowingly violates section 19 shall be fined under title 18, United States Code, or be imprisoned not more than 1 year, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code). Any person who knowingly and willfully violates section 19 of this Act shall be fined under title 18, United States Code, or be imprisoned not more than 3 years, or both, if such person is an individual, or fined under title 18, United States Code, if such person is an organization. ``(b) Any individual director, officer, or agent of a corporation who authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of subsection (a) shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a).''. (b) Section 5(a) of the Federal Hazardous Substances Act (15 U.S.C. 1264(a)) is amended to read as follows: ``(a) Criminal Penalties.--Any person who violates any of the provisions of section 4 shall be guilty of a misdemeanor and shall on conviction thereof be subject to a fine under title 18, United States Code, or to imprisonment for not more than one year, or both, if such person is an individual, or to a fine under title 18, United States Code, if such person is an organization (as the term `organization' is defined in section 18 of title 18, United States Code); but for offenses committed willfully, or for second and subsequent offenses, the penalty shall be imprisonment for not more than 3 years, or a fine under title 18, United States Code, or both, if such person is an individual, or a fine under title 18, United States Code, if such person is an organization.''. | Revises civil and criminal penalties, removing the existing cap on the maximum civil penalty that can be assessed to companies that market products in a related series of violations of Federal consumer product safety regulations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prepare All Kids Act of 2007''. SEC. 2. HIGH QUALITY FULL-DAY PREKINDERGARTEN PROGRAMS. Chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 357) is amended by inserting after subchapter C the following: ``Subchapter D--High Quality Full-Day Prekindergarten Programs ``SEC. 661. FINDINGS AND PURPOSE. ``(a) Findings.--Congress makes the following findings: ``(1) Investments in children and early education should be a national priority. ``(2) The cost of high quality preschool is prohibitive for poor families and is a significant financial strain for many working- and middle-class families. ``(3) State-funded preschool is the most rapidly expanding segment of the United States educational system, but in many States a lack of stable funding poses an enormous threat to the provision or continuation of high quality preschool. ``(4) The provision of high quality prekindergarten is a cost-effective investment for children and for the Nation. Research shows that for every $1 invested in high quality early childhood programs, taxpayers save more than $17 in crime, welfare, education, and other costs. ``(5) Fewer than half the Nation's poor preschool-age children attend preschool. The result is a significant preparation gap between poor and middle-class children and between minority and white children. ``(6) High quality early education increases academic success for schoolchildren who received that education by-- ``(A) increasing high school graduation rates; ``(B) improving children's performance on standardized tests; ``(C) reducing grade repetition; and ``(D) reducing the number of children placed in special education. ``(7) High quality early education promotes responsible behavior by teens and adults who received that education by-- ``(A) reducing crime, delinquency, and unhealthy behaviors such as smoking and drug use; ``(B) lowering rates of teen pregnancy; ``(C) leading to greater employment and higher wages for adults; and ``(D) contributing to more stable families. ``(b) Purpose.--The purpose of this Act is to assist States in-- ``(1) making voluntary high quality full-day prekindergarten programs available and economically affordable for the families of all children for at least 1 year preceding kindergarten; and ``(2) making the prekindergarten programs available to a target population of children from families with incomes at or below 200 percent of the poverty line, for whom the prekindergarten programs will be free of charge. ``SEC. 662. DEFINITIONS. ``(a) In this Act: ``(1) Full-day.--The term `full-day', used with respect to a program, means a program with a minimum of a 6-hour schedule per day. ``(2) Poverty line.--The term `poverty line' has the meaning given the term in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) and includes any revision required by that section. ``(3) Prekindergarten.--The term `prekindergarten' means a program that-- ``(A) serves children who are ages 3 through 5; ``(B) supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) helps prepare children for a successful transition to kindergarten. ``(4) Prekindergarten teacher.--The term `prekindergarten teacher' means an individual who-- ``(A) has a bachelor of arts degree with a specialization in early childhood education or early childhood development; or ``(B) during the 6-year period following the first date on which the individual is employed as such a teacher under this Act, is working toward that degree. ``(5) Qualified prekindergarten provider.--The term `qualified prekindergarten provider' includes a provider of a prekindergarten program, a Head Start agency, a provider of a child care program, a school, and a for-profit or nonprofit organization that-- ``(A) is in existence on the date of the qualification determination; and ``(B) has met applicable requirements under State or local law that are designed to protect the health and safety of children and that are applicable to child care providers. ``(6) Secretary.--The term `Secretary' means the Secretary of Health and Human Services. ``SEC. 663. PROGRAM AUTHORIZATION. ``(a) Prekindergarten Incentive Fund.--The Secretary, in collaboration and consultation with the Secretary of Education, shall create a Prekindergarten Incentive Fund, to be administered by the Secretary of Health and Human Services. ``(b) Grants.--In administering the Fund, the Secretary shall award grants to eligible States, to pay for the Federal share of the cost of awarding subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs. ``SEC. 664. STATE APPLICATIONS AND REQUIREMENTS. ``(a) Designated State Agency.--To be eligible to receive a grant under this Act, a State shall designate a State agency to administer the State program of assistance for prekindergarten programs funded through the grant, including receiving and administering funds and monitoring the programs. ``(b) State Application.--In order for a State to be eligible to receive a grant under this Act, the designated State agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including-- ``(1) an assurance that, for prekindergarten programs funded through the grant, the State will ensure that the qualified prekindergarten providers target children from families with incomes at or below 200 percent of the poverty line, and provide prekindergarten programs to children from those families free of charge; ``(2) an assurance that the State will award subgrants for prekindergarten programs that are sufficient to provide a high quality prekindergarten experience; ``(3) an assurance that not less than 25 percent of the qualified prekindergarten providers receiving such subgrants will be providers of community-based programs; ``(4) a description of the number of children in the State who are eligible for the prekindergarten programs and the needs that will be served through the prekindergarten programs; ``(5) a description of how the State will ensure that the subgrants are awarded to a wide range of types of qualified prekindergarten providers; ``(6) a description of how the designated State agency will collaborate and coordinate activities with State-funded providers of prekindergarten programs, providers of federally funded programs such as Head Start agencies, local educational agencies, and child care providers; ``(7) a description of how the State will ensure, through a monitoring process, that qualified prekindergarten providers receiving the subgrants continue to place priority on the target population of children described in paragraph (1), provide programs that meet the standards of high quality early education, and use funds appropriately; ``(8) a description of how the State will meet the needs of working parents; and ``(9) a description of how the State will assist in providing professional development assistance to prekindergarten teachers and teacher aides. ``(c) Federal Share.--The Federal share of the cost described in section 663(b) shall be 50 percent. The State shall provide the non- Federal share of the cost in cash. ``(d) Supplementary Federal Funding.--Funds made available under this Act may be used only to supplement and not supplant other Federal, State, local, or private funds that would, in the absence of the funds made available under this Act, be made available for early childhood programs. ``(e) Maintenance of Effort.--A State that receives a grant under this Act for a fiscal year shall maintain the expenditures of the State for early childhood programs at a level not less than the level of such expenditures of the State for the preceding fiscal year. ``SEC. 665. STATE SET ASIDES AND EXPENDITURES. ``(a) Infant and Toddler Set Aside.--Notwithstanding sections 662 and 663, a State shall set aside not less than 10 percent of the funds made available through a grant awarded under this Act for the purpose of funding high quality early childhood development programs for children who are ages 0 through 3. Funds made available under this subsection may also be used for professional development for teachers and teacher aides in classrooms for children who are ages 0 through 3. ``(b) Extended Day and Extended Year Set Aside.--Notwithstanding section 663, a State shall set aside not less than 10 percent of the funds made available through a grant awarded under this Act for the purpose of extending the hours of early childhood programs to create extended day and extended year programs. ``(c) Administrative Expenses.--Not more than 5 percent of the funds made available through such a grant may be used for administrative expenses, including monitoring. ``SEC. 666. LOCAL APPLICATIONS. ``To be eligible to receive a subgrant under this Act, a qualified prekindergarten provider shall submit an application to the designated State agency at such time, in such manner, and containing such information as the agency may reasonably require, including-- ``(1) a description of how the qualified prekindergarten provider will meet the diverse needs of children in the community to be served, including children with disabilities, whose native language is not English, or with other special needs, children in the State foster care system, and homeless children; ``(2) a description of how the qualified prekindergarten provider will serve eligible children who are not served through similar services or programs; ``(3) a description of a plan for involving families in the prekindergarten program; ``(4) a description of how children in the prekindergarten program, and their parents and families, will receive assistance through supportive services provided within the community; ``(5) a description of how the qualified prekindergarten provider collaborates with providers of other programs serving children and families, including Head Start agencies, providers of child care programs, and local educational agencies, to meet the needs of children, families, and working families, as appropriate; and ``(6) a description of how the qualified prekindergarten provider will collaborate with local educational agencies to ensure a smooth transition for participating students from the prekindergarten program to kindergarten and early elementary education. ``SEC. 667. LOCAL PREKINDERGARTEN PROGRAM REQUIREMENTS. ``(a) Mandatory Uses of Funds.--A qualified prekindergarten provider that receives a subgrant under this Act shall use funds received through the grant to establish, expand, or enhance prekindergarten programs for children who are ages 3 through 5, including-- ``(1) providing a prekindergarten program that supports children's cognitive, social, emotional, and physical development and approaches to learning, and helps prepare children for a successful transition to kindergarten; ``(2) purchasing educational equipment, including educational materials, necessary to provide a high quality prekindergarten program; and ``(3) extending part-day prekindergarten programs to full- day prekindergarten programs. ``(b) Permissible Use of Funds.--A qualified prekindergarten provider that receives a subgrant under this Act may use funds received through the grant to-- ``(1) pay for transporting students to and from a prekindergarten program; and ``(2) provide professional development assistance to prekindergarten teachers and teacher aides. ``(c) Program Requirements.--A qualified prekindergarten provider that receives a subgrant under this Act shall carry out a high quality prekindergarten program by-- ``(1) maintaining a maximum class size of 20 children, with at least 1 prekindergarten teacher per classroom; ``(2) ensuring that the ratio of children to prekindergarten teachers and teacher aides shall not exceed 10 to 1; ``(3) utilizing a prekindergarten curriculum that is research- and evidence-based, developmentally appropriate, and designed to support children's cognitive, social, emotional, and physical development, and approaches to learning; ``(4) providing a program with a minimum of a 6-hour schedule per day; and ``(5) ensuring that prekindergarten teachers meet the requirements of this Act. ``SEC. 668. REPORTING. ``(a) Qualified Prekindergarten Provider Reports.--Each qualified prekindergarten provider that receives a subgrant from a State under this Act shall submit an annual report, to the designated State agency, that reviews the effectiveness of the prekindergarten program provided. Such annual report shall include-- ``(1) data specifying the number and ages of enrolled children, and the family income, race, gender, disability, and native language of such children; ``(2) a description of-- ``(A) the curriculum used by the program; ``(B) how the curriculum supports children's cognitive, social, emotional, and physical development and approaches to learning; and ``(C) how the curriculum is appropriate for children of the culture, language, and ages of the children served; and ``(3) a statement of all sources of funding received by the program, including Federal, State, local, and private funds. ``(b) State Reports.--Each State that receives a grant under this Act shall submit an annual report to the Secretary detailing the effectiveness of all prekindergarten programs funded under this Act in the State. ``(c) Report to Congress.--The Secretary shall submit an annual report to Congress that describes the State programs of assistance for prekindergarten programs funded under this Act. ``SEC. 669. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this Act-- ``(1) $5,000,000,000 for fiscal year 2008; ``(2) $6,000,000,000 for fiscal year 2009; ``(3) $7,000,000,000 for fiscal year 2010; ``(4) $8,000,000,000 for fiscal year 2011; and ``(5) $9,000,000,000 for fiscal year 2012.''. | Prepare All Kids Act of 2007 - Amends the Omnibus Budget Reconciliation Act of 1981 to direct the Secretary of Health and Human Services to establish a Prekindergarten Incentive Fund from which matching grants shall be awarded to states and, through them, subgrants to qualified prekindergarten providers to establish, expand, or enhance voluntary high quality full-day prekindergarten programs serving children ages three through five. Requires prekindergarten providers to target children from families with incomes at or below 200% of the poverty line and provide them with program services free of charge. Directs state grantees to set aside: (1) at least 10% of a grant for quality early childhood development programs for children ages zero through three; and (2) at least 10% of a grant to extend the hours of early childhood programs to create extended day and year programs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Handgun Safety Act of 1997''. SEC. 2. HANDGUN SAFETY. (a) Definition of Locking Device.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(34) The term `locking device' means-- ``(A) a device that, if installed on a firearm and secured by means of a key or a mechanically-, electronically-, or electromechanically-operated combination lock, prevents the firearm from being discharged without first deactivating or removing the device by means of a key or mechanically-, electronically-, or electromechanically-operated combination lock; or ``(B) a locking mechanism incorporated into the design of a firearm that prevents discharge of the firearm by any person who does not have access to the key or other device designed to unlock the mechanism and thereby allow discharge of the firearm.''. (b) Unlawful Acts.--Section 922 of title 18, United States Code, is amended by inserting after subsection (x) the following: ``(y) Locking Devices and Warnings.-- ``(1) In general.--Except as provided in paragraph (2), beginning 90 days after the date of enactment of the Handgun Safety Act of 1997, it shall be unlawful for any licensed manufacturer, licensed importer, or licensed dealer to sell, deliver, or transfer any handgun-- ``(A) to any person other than a licensed manufacturer, licensed importer, or licensed dealer, unless the transferee is provided with a locking device for that handgun; or ``(B) to any person, unless the handgun is accompanied by the following warning, which shall appear in conspicuous and legible type in capital letters, and which shall be printed on a label affixed to the gun and on a separate sheet of paper included within the packaging enclosing the handgun: ```THE USE OF A LOCKING DEVICE OR SAFETY LOCK IS ONLY ONE ASPECT OF RESPONSIBLE FIREARM STORAGE. FIREARMS SHOULD BE STORED UNLOADED AND LOCKED IN A LOCATION THAT IS BOTH SEPARATE FROM THEIR AMMUNITION AND INACCESSIBLE TO CHILDREN. `FAILURE TO PROPERLY LOCK AND STORE YOUR FIREARM MAY RESULT IN CIVIL OR CRIMINAL LIABILITY UNDER STATE LAW. IN ADDITION, FEDERAL LAW PROHIBITS THE POSSESSION OF A HANDGUN BY A MINOR IN MOST CIRCUMSTANCES.' ``(2) Exceptions.--Paragraph (1) does not apply to-- ``(A) the-- ``(i) manufacture for, transfer to, or possession by, the United States or a State or a department or agency of the United States, or a State or a department, agency, or political subdivision of a State, of a handgun; or ``(iii) the transfer to, or possession by, a law enforcement officer employed by an entity referred to in clause (i) of a handgun for law enforcement purposes (whether on or off-duty); or ``(B) the transfer to, or possession by, a rail police officer employed by a rail carrier and certified or commissioned as a police officer under the laws of a State of a handgun for purposes of law enforcement (whether on or off-duty).''. (c) Civil Penalties.--Section 924 of title 18, United States Code, is amended-- (1) in subsection (a)(1), by striking ``or (f)'' and inserting ``(f), or (p)''; and (2) by adding at the end the following: ``(p) Penalties Relating to Locking Devices and Warnings.-- ``(1) In general.-- ``(A) Suspension or revocation of license; civil penalties.--With respect to each violation of subparagraph (A) or (B) of section 922(y)(1) by a licensee, the Secretary may, after notice and opportunity for hearing-- ``(i) suspend or revoke any license issued to the licensee under this chapter; or ``(ii) subject the licensee to a civil penalty in an amount equal to not more than $10,000. ``(B) Review.--An action of the Secretary under this paragraph may be reviewed only as provided in section 923(f). ``(2) Administrative remedies.--The suspension or revocation of a license or the imposition of a civil penalty under paragraph (1) does not preclude any administrative remedy that is otherwise available to the Secretary.''. SEC. 3. STUDY ON STANDARDS FOR LOCKING DEVICES. Not later than 1 year after the date of enactment of this Act, the National Institute of Justice shall-- (1) conduct a study to determine the feasibility of developing minimum quality standards for locking devices (as that term is defined in section 921(a) of title 18, United States Code (as amended by this Act)); and (2) submit to the Attorney General of the United States and the Secretary of the Treasury a report, which shall include the results of the study under paragraph (1) and any recommendations for legislative or regulatory action. | Handgun Safety Act of 1997 - Amends Federal criminal law to define (firearm) "locking device." Makes it unlawful for a licensed manufacturer, importer, or dealer to sell, deliver, or transfer a handgun without a locking device or a specified related warning, with exceptions for law enforcement and governmental entities. Sets forth civil penalties (in addition to any administrative penalties) for related violations, including suspension or loss of license. Directs the National Institute of Justice to study and report to the Attorney General and the Secretary of the Treasury on the feasibility of developing minimum quality standards for locking devices. |
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Defense Alternative Use Committee Act''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Establishment of alternative use committees at defense facilities. Sec. 5. Functions of alternative use committees. Sec. 6. Administrative provisions. Sec. 7. Elements of conversion plans. Sec. 8. Penalties. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) during the past three decades the United States has made heavy economic, scientific, and technical commitments for defense; (2) these commitments led to the development of specialized skills and business practices not directly applicable in the civilian sector of the economy; (3) as these commitments are modified to take account of changing requirements for national security and domestic needs, careful preparation is necessary if serious economic dislocations are to be avoided; and (4) the economic ability of the Nation and of management, labor, and capital to adjust to changing national security needs is consistent with the general welfare of the United States. (b) Purpose.--It is the purpose of this Act to provide the means through which the United States can promote orderly economic adjustment which will-- (1) minimize the dislocation of workers, communities, and industries; (2) assure that such dislocations do not compound recessionary trends; and (3) encourage conversion of technologies and managerial and worker skills developed in defense production to projects which serve the civilian sector. SEC. 3. DEFINITIONS. For purposes of this Act: (1) The term ``defense agency'' means the Department of Defense, the Nuclear Weapons Division of the Department of Energy, the National Aeronautics and Space Administration, the Coast Guard, and any other agency of the Federal Government to the extent it conducts defense-related activities. (2) The term ``defense contract'' means-- (A) any contract entered into between a defense contractor and a defense agency to furnish defense material or services to that agency; and (B) any contract entered into between a defense contractor and any foreign country or person acting on behalf of a foreign country to furnish defense material or services to or for such country pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) or similar law. (3) The term ``defense contractor'' means any person engaged in the furnishing of defense material or services pursuant to the terms of the defense contract, including subcontractors, component manufacturers, suppliers, service contractors and service suppliers. (4) The term ``defense facility'' means-- (A) any private plant or other establishment (or part thereof) used under a defense contract or engaged in the production, repair, modification, storage, or handling of defense material; or (B) any Government-owned or Government-leased facility, including military installations, bases, forts, shipyards, and depots. (5) The term ``defense materials or services'' means-- (A) any item of weaponry, munitions, equipment, or specialized supplies or services intended for use by a defense agency or for sale to or for the use of a foreign country which has primarily military applications; or (B) the research, development, production, test, inspection, or repair of any material described in subparagraph (A) for use by a defense agency or pursuant to a defense contract. (6) The term ``displace'', with respect to any worker (including a civilian employee of a defense agency and an employee of a defense contractor engaged in the provision of defense materials or services under a defense contract), means the separation, on a permanent or temporary basis, of the worker from employment with the facility or agency. SEC. 4. ESTABLISHMENT OF ALTERNATIVE USE COMMITTEES AT DEFENSE FACILITIES. (a) Condition of Defense Contracts.--The head of each defense agency shall require as a condition of each defense contract with a private defense contractor for the provision of defense materials or services to that agency that the defense contractor agree to establish an alternative use committee pursuant to this section at each defense facility that employs at least 100 employees and is used under the contract. The President shall require as a condition on the eligibility for export of defense materials or services under section 38 of the Arms Export Control Act (22 U.S.C. 2778) or similar law that the private defense contractor involved in such export agree to establish an alternative use committee pursuant to this section at each defense facility that employs at least 100 employees and is used under the defense contract involved. (b) Federal Facilities.--In the case of a Government defense facility (as defined in section 3(4)(B)), the head of the facility shall establish an alternative use committee pursuant to this section composed of not less than eight members, with equal representation of the facility management and the civilian employees of the installation (including representatives of union bargaining units and democratically elected representatives of unorganized civilians). (c) Membership and Purposes.--An alternative use committee for a defense facility shall be composed of not less than eight members, with equal representation of the facility's management and labor (including representatives of union bargaining units and democratically elected representatives of unorganized workers). The committee shall undertake economic conversion planning and preparation for the employment of the employees at the defense facility and the utilization of the equipment and facilities in the event of a reduction or closure of any defense facility or the curtailment, conclusion, or disapproval of any defense contract. (d) Community Representatives.--The chief executive officer of any unit of general local government within which a defense facility is located may appoint nonvoting representatives of the alternative use community for that facility to participate in activities of the alternative use committee in an advisory capacity. The representatives appointed under this subsection shall not include individuals employed at the facility. The number of such representatives shall not exceed a number equal to one-half the total number of voting representatives on the committee. (e) Prohibitions Against Discrimination Against Representatives of Unorganized Labor.--The representatives of the unorganized civilian workers on any alternative use committee shall not be discriminated against in any manner for their participation in the committee. (f) Funds.--Funds for performing the planning and reporting requirements imposed by this Act, including market research, independent studies, and the employment of specialized personnel, shall be paid from funds derived from the defense contract or, in the case of a Government defense facility, the operating account of the facility. Office space shall be provided to the alternative use committee by the management of the facility without charge. (g) Application of Section.--This section shall apply with respect to each defense contract referred to in subsection (a) that is entered into by the agency after the date of the enactment of this Act SEC. 5. FUNCTIONS OF ALTERNATIVE USE COMMITTEES. (a) Evaluation of Defense Facility Assets.--The alternative use committee established for a defense facility shall evaluate the assets of the defense facility and the resources and requirements of the local community in terms of physical property, manpower skills and expertise, accessibility, environment, and economic needs. (b) Development of Conversion Plans.--Consistent with section 7, the alternative use committee established for a defense facility shall develop and review at least biennially a plan for the conversion of the facility to efficient, nondefense-related productive activity to be carried out in the event the facility is closed or adversely affected by the termination of a defense contract or the disapproval of a license to sell or export defense materials or services. (c) Retraining and Reemployment.--The alternative use committee shall arrange for the provision of occupational retraining and reemployment counseling services for all employees to be displaced by the implementation of a conversion plan or the closing of the facility as soon as the date of commencement of the implementation of that plan or the permanent closing of that facility is known. (d) Dissolution.--A alternative use committee shall dissolve itself and return all assets to the control of the management of the defense facility involved immediately upon final completion of the conversion. SEC. 6. ADMINISTRATIVE PROVISIONS. (a) Staff.--The alternative use committees may hire staff personnel as well as any specialists it may determine necessary. (b) Information.--The alternative use committees may obtain a complete and detailed inventory of all land, building, capital equipment, and other equipment, including its condition, and are authorized to obtain information of a general nature regarding the occupations and skills of civilian employees, and information concerning existing collective-bargaining contracts. Any defense agency or contractor and any department, agency, or other instrumentality of the Government shall provide any such inventory or information upon request from an alternative use committee. SEC. 7. ELEMENTS OF CONVERSION PLANS. (a) Elements of Plan.--Conversion plans developed by an alternative use committee shall-- (1) be so designed as to maximize the extent to which the personnel required for the efficient operation of the converted facility can be drawn from personnel with the types and levels of skill approximating skill levels and types possessed by civilian personnel employed at the defense facility prior to its conversion; (2) specify the numbers of civilian personnel, by type and level of skill, employed at the facility prior to conversion, whose continued employment is not consistent with the efficient operation of the non-defense-related converted facility; (3) specify the numbers of positions, by level and type of skill, if any, that will be needed at the converted facility because personnel employed at the preconverted facility do not possess the levels or types of skills required; (4) indicate in detail what new plant and equipment and modifications to existing plant and equipment are required for the converted facility; and (5) include an estimate of financing requirements and a financial plan for the conversion; and (6) provide for completion of the entire conversion process within a period of not less than two years. (b) Extension of Existing Agreements.--No plan shall be approved by an alternative use committee unless the plan provides for extension of wage, labor contract provisions, and other benefits to workers at a defense facility until conversion to non-defense-related operations is completed. SEC. 8. PENALTIES. If the head of a defense agency determines that a defense contractor fails to establish an alternative use committee or refuses or fails to carry out the provisions of a conversion plan prepared by an alternative use committee of the defense contractor (as determined by the head of the defense agency concerned), the defense contractor shall lose eligibility for defense contracts for a period of three years, for contract termination payments, and for tax credits. | Defense Alternative Use Committee Act - Directs the head of each defense agency to require each contractor, as a condition of each defense contract for the provision of defense materials or services, to agree to establish an alternative use committee (committee) at each defense facility used under the contract that employs at least 100 employees. Requires the head of each Government defense facility to establish a committee of at least eight members, with equal representation between management and employees, to undertake economic conversion planning and preparation for the employment of its employees and utilization of its equipment and facilities in the event of a reduction or closure of such facility or the curtailment, conclusion, or disapproval of any defense contract. Provides for: (1) the appointment of community representatives to the committees; (2) prohibitions against discrimination against representatives of unorganized labor on such committees; and (3) funds for committee activities. Requires each committee to evaluate the assets of its facility and develop and review at least biennially a plan for the conversion of such facility to nondefense-related productive activity, to arrange for employee retraining and reemployment, and to dissolve itself after final defense facility conversion. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Healthy Local Policies for Schools Act of 2010'' or the ``HELP Schools Act of 2010''. SEC. 2. FINDINGS. Congress finds that-- (1) childhood obesity increased threefold among children and adolescents in the 30 years preceding the date of enactment of this Act; (2) about 12,000,000 children and adolescents ages 2 to 19 are considered obese; (3) obesity-related diseases cost the United States economy more than $147,000,000,000 every year; (4) both low levels of physical activity and an increase in caloric intake have contributed to the unprecedented epidemic of childhood obesity; (5) overweight adolescents have a 70 to 80 percent chance of becoming overweight adults, increasing the risk for chronic disease, disability, and death; (6) children and adolescents are-- (A) not meeting dietary recommendations; (B) underconsuming important food groups and nutrients needed for growth and development; and (C) overconsuming saturated fat, trans fat, sodium, and added sugars; (7) nutrition education and promotion helps foster a school environment that-- (A) supports healthy eating; (B) helps initiate and sustain healthy eating behaviors; (C) increases acceptance and consumption of healthy school meals; (D) increases participation in school meal programs; (E) enhances school meal quality; and (F) supports development and implementation of local wellness policies; (8) nutrition education and promotion is a critical component of most major health promotion and disease prevention programs; (9) research shows that school-based nutrition programs and services both improve health and contribute to the academic achievement of school children; (10) research shows that fit children achieve more academically and have better school attendance and fewer disciplinary problems; (11) a comprehensive study of local wellness policies across the United States found that-- (A) many policies were underdeveloped and fragmented; and (B) the vast majority of students were enrolled in a school district that did not-- (i) require evaluation of the implementation or effectiveness of the wellness policy of the district; or (ii) include any provisions for reviewing and revising the wellness policy; (12) the same study reported that between 5 and 6 percent of students were enrolled in a school district that had identified a potential source of funding to support implementation of the wellness policy of the district; (13) the nutrition education and promotion initiatives for school children in effect as of the date of enactment of this Act lack coordination, funding, and sustainability; (14) the Physical Activity Guidelines for Americans of the Department of Health and Human Services recommend that children engage in at least 60 minutes of physical activity on most, and preferably all, days of the week; (15) children spend many waking hours at school and therefore need to be active during the school day to meet the recommendations of the Physical Activity Guidelines for Americans; and (16) as of the date of enactment of this Act-- (A) only 3.8 percent of elementary schools, 7.9 percent of middle schools, and 2.1 percent of high schools provide daily physical education or the equivalent for the entire school year; and (B) 22 percent of schools do not require students to take any physical education at all. SEC. 3. LOCAL WELLNESS POLICIES. Section 5 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1754) is amended to read as follows: ``SEC. 5. LOCAL WELLNESS POLICIES. ``(a) Definitions.--In this section: ``(1) Extended school day.--The term `extended school day' means-- ``(A) the official school day; and ``(B) the time before and after the official school day during which events or activities are primarily under the control of the school or a third party on behalf of the school. ``(2) Local wellness policy.--The term `local wellness policy' means a nutrition and physical activity wellness policy of a local educational agency established under section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265). ``(b) Requirements.--Not later than the first day of the school year beginning 1 year after the date of enactment of the HELP Schools Act of 2010, each local educational agency participating in a program authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) shall strengthen the local school wellness policy of the local educational agency by ensuring, at a minimum, that the policy-- ``(1) includes goals for nutrition promotion and education, physical education, physical activity, food marketing and advertising on the school campus, and other school-based activities designed to promote participation in child nutrition programs and student wellness through the extended school day, in a manner that the local educational agency determines to be appropriate; ``(2) includes an implementation plan to achieve the goals of the local wellness policy; ``(3) ensures that guidelines for reimbursable school meals are not less restrictive than regulations and guidance issued by the Secretary pursuant to subsections (a) and (b) of section 10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and sections 9(f)(1) and 17(a) of this Act, as those regulations and guidance apply to schools; ``(4) ensures that nutritional guidelines for foods and beverages sold in schools that are not part of reimbursable school meals are in compliance with the standards established by the Secretary; and ``(5) includes a plan for measuring implementation of the local wellness policy, including the designation of a local wellness policy committee under subsection (d). ``(c) Transparency.-- ``(1) In general.--In carrying out this section, each local educational agency shall make readily available and widely disseminate to relevant stakeholders-- ``(A) the local wellness policy of the local education agency, including the implementation plan described in subsection (b)(5); ``(B) any assessments of the implementation of the local wellness policy; ``(C) any updates to the local wellness policy; and ``(D) appropriate local and State contact information. ``(2) Availability requirement.--Not later than the first day of the school year following the date of enactment of the HELP Schools Act of 2010, each local educational agency shall make readily available the policy and plan described in paragraph (1)(A). ``(3) Assessment of implementation.-- ``(A) Assessment of implementation.--Not later than 2 years after the date of enactment of the HELP Schools Act of 2010, and every 3 years thereafter, each local educational agency shall complete and make readily available the results of an assessment of the implementation of the local wellness policy of the local educational agency that includes-- ``(i) the extent to which schools under the jurisdiction of the local educational agency are in compliance with the local wellness policy of the agency; ``(ii) the extent to which the local wellness policy of the local educational agency compares with model local wellness policies recommended under subsection (e)(2)(A)(ii); and ``(iii)(I) a description of the progress made in attaining the goals of the local wellness policy described in subsection (b); and ``(II) any revisions to the local wellness policy to more effectively address those goals. ``(d) Local Wellness Policy Committee.-- ``(1) In general.--Not later than 180 days after the date of enactment of the HELP Schools Act of 2010, each local educational agency shall designate a standing Local Wellness Policy Committee (referred to in this subsection as the `Committee'). ``(2) Representation.-- ``(A) Required representatives.--The Committee of each local educational agency shall be comprised of at least 1 representative from the local educational agency from each of the following categories of stakeholders: ``(i) Principals. ``(ii) Teachers. ``(iii) Parents of students. ``(iv) Students. ``(v) The school food authority. ``(vi) The school board of the local educational agency. ``(vii) The physical education program. ``(viii) School health professionals, such as school nurses, school counselors, social workers, or health education teachers. ``(B) Authorized representatives.--A Committee may also include a registered dietitian, pediatrician, dentist, a representative of the local health department, or other representatives of the local community. ``(3) Terms and conditions.--Each local educational agency shall determine the terms and conditions under which each member of the Committee of the local educational agency serves. ``(4) Duties.--Duties and responsibilities of each Committee shall include-- ``(A) ensuring that the local educational agency served by the Committee meets the requirements described in this section; ``(B) fostering integration of the local wellness policy of the local educational agency with existing coordinated school health programs, and other health- related activities in the schools and community served by the local educational agency; and ``(C) making Committee proceedings and other pertinent information relating to the activities of the Committee readily available. ``(e) Technical Assistance and Outreach.-- ``(1) In general.--The Secretary, in consultation with the Secretary of Education and the Secretary of Health and Human Services, acting through the Centers for Disease Control and Prevention, shall assist in the adoption of effective local wellness policies by local educational agencies in accordance with this section. ``(2) Outreach.--In carrying out paragraph (1), the Secretary shall perform outreach to key State and local stakeholders to promote effective local wellness policies and provide technical assistance that-- ``(A) includes-- ``(i) a hotline, online resources, and trainings on designing, implementing, promoting, disseminating, and evaluating local wellness policies and overcoming barriers to the adoption of local wellness policies; and ``(ii) model local wellness policies and best practices recommended by Federal agencies, State agencies, and nongovernmental organizations; and ``(B) is for guidance purposes only and not binding or otherwise designed to be mandate to schools, local educational agencies, school food authorities, or State child nutrition programs. ``(3) Funding.-- ``(A) In general.--On October 1, 2010, and on each October 1 thereafter through October 1, 2014, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this paragraph $1,000,000, to remain available until expended. ``(B) Receipt and acceptance.--The Secretary shall be entitled to receive, shall accept, and shall use to carry out this paragraph the funds transferred under subparagraph (A), without further appropriation. ``(f) Study and Report.-- ``(1) In general.--The Secretary, in conjunction with the Director of the Centers for Disease Control and Prevention, shall prepare a report on the implementation, strength, and effectiveness of the local wellness policies carried out in accordance with this section. ``(2) Study of local wellness policies.--The study described in paragraph (1) shall include-- ``(A) an analysis of the strengths and weaknesses of local wellness policies and how the policies compare with model local wellness policies recommended under subsection (e)(2)(A)(ii); and ``(B) an assessment of the impact of the local wellness policies in addressing the requirements of subsection (b). ``(3) Report.--Not later than January 1, 2014, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Education and Labor of the House of Representatives a report that describes the findings of the study.''. SEC. 4. REPEAL. Section 204 of the Child Nutrition and WIC Reauthorization Act of 2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed. SEC. 5. BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture. Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy. Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community. Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Job Opportunities and Business Success Act of 2011''. SEC. 2. DEFINITION OF INDUSTRY OR SECTOR PARTNERSHIP. Section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) is amended-- (1) by redesignating paragraphs (18) through (53) as paragraphs (19) through (54), respectively; and (2) by inserting after paragraph (17) the following: ``(18) Industry or sector partnership.--The term `industry or sector partnership' means a partnership of a State or local board and one or more industries and other entities that can help determine the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the State or local economy.''. SEC. 3. FUNCTIONS OF THE LOCAL BOARD. Section 117 of the Workforce Investment Act of 1998 (29 U.S.C. 2832) is amended-- (1) in subsection (b)-- (A) in subparagraph (A) of paragraph (2)-- (i) by striking ``include--'' and all that follows through ``representatives'' and inserting ``include representatives''; (ii) by striking clauses (ii) through (vi); (iii) by redesignating subclauses (I) through (III) as clauses (i) through (iii), respectively; (iv) by striking clause (ii) (as so redesignated) and inserting the following: ``(ii) represent businesses, including large and small businesses, with immediate and long-term employment opportunities in in-demand industries and other occupations important to the local economy; and''; and (v) by striking the semicolon at the end of clause (iii) (as so redesignated) and inserting ``; and''; and (B) in paragraph (4), by striking ``A majority'' and inserting ``A \2/3\ majority''; (2) by amending subsection (d) to read as follows: ``(d) Functions of Local Board.--The functions of the local board shall include the following: ``(1) Local plan.--Consistent with section 118, each local board, in partnership with the chief elected official for the local area involved, shall develop and submit a local plan to the Governor. ``(2) Workforce research and regional labor market analysis.-- ``(A) In general.--The local board shall-- ``(i) conduct, and regularly update, an analysis of-- ``(I) the economic conditions in the local area; ``(II) the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy; ``(III) the knowledge and skills of the workforce in the local area; and ``(IV) workforce development activities (including education and training) in the local area; and ``(ii) assist the Governor in developing the statewide workforce and labor market information system described in section 15(e) of the Wagner-Peyser Act. ``(B) Existing analysis.--A local board may use existing analysis by the local economic development agency or related entity in order to carry out requirements of subparagraph (A)(i). ``(3) Employer engagement.--The local board shall lead efforts to engage employers in the local area, including small employers and employers in in-demand industries and occupations important to the local economy, including by-- ``(A) ensuring that workforce investment activities meet the needs of employers and support economic growth in the local area, by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; ``(B) developing effective linkages (including the use of intermediaries) with employers in the local area to support employer utilization of the local workforce development system and to support local workforce investment activities; and ``(C) developing and implementing industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy and to address critical skill gaps within and across industries. ``(4) Budget and administration.-- ``(A) Budget.-- ``(i) In general.--The local board shall develop a budget for the activities of the local board in the local area, consistent with the requirements of this subsection. ``(ii) Training reservation.--In developing a budget under clause (i), the local board shall reserve a percentage of funds to carry out the activities specified in section 134(d)(4). The local board shall use the analysis conducted under paragraph (2)(A)(i) to determine the appropriate percentage to reserve under this clause. ``(B) Administration.-- ``(i) Grant recipient.-- ``(I) In general.--The chief elected official in a local area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local area under sections 128 and 133, unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear such liability. ``(II) Designation.--In order to assist in administration of the grant funds, the chief elected official or the Governor, where the Governor serves as the local grant recipient for a local area, may designate an entity to serve as a local grant subrecipient for such funds or as a local fiscal agent. Such designation shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds as described in subclause (I). ``(III) Disbursal.--The local grant recipient or an entity designated under subclause (II) shall disburse the grant funds for workforce investment activities at the direction of the local board, pursuant to the requirements of this title. The local grant recipient or entity designated under subclause (II) shall disburse the funds immediately on receiving such direction from the local board. ``(ii) Staff.--The local board may employ staff to assist in carrying out the functions described in this subsection. ``(iii) Grants and donations.--The local board may solicit and accept grants and donations from sources other than Federal funds made available under this Act. ``(5) Selection of operators and providers.-- ``(A) Selection of one-stop operators.--Consistent with section 121(d), the local board, with the agreement of the chief elected official-- ``(i) shall designate or certify one-stop operators as described in section 121(d)(2)(A); and ``(ii) may terminate for cause the eligibility of such operators. ``(B) Identification of eligible service providers.--Consistent with this subtitle, the local board shall identify eligible service providers, including providers of services described in section 134(d)(4), in the local area. ``(6) Program oversight.--The local board, in partnership with the chief elected official, shall be responsible for-- ``(A) conducting oversight for local employment and training activities authorized under section 134(d); ``(B) conducting oversight of the one-stop delivery system in the local area authorized under section 121; and ``(C) ensuring the appropriate use and management of the funds provided for such activities under this title. ``(7) Negotiation of local performance measures.--The local board, the chief elected official, and the Governor shall negotiate and reach agreement on local performance measures as described in section 136(c). ``(8) Technology improvements.--The local board shall develop strategies for technology improvements to facilitate access to services authorized under this subtitle and carried out in the local area, including in remote areas.''; (3) in subsection (e)-- (A) by inserting ``electronic means and'' after ``regular basis through''; and (B) by striking ``and the award of grants or contracts to eligible providers of youth activities,''; (4) by striking subsection (h) and redesignating subsection (i) as subsection (h); and (5) in subsection (i) (as so redesignated), by striking ``and paragraphs (1) and (2) of subsection (h)'' each place it appears. SEC. 4. CONTENTS OF THE LOCAL PLAN. Section 118(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2832(b)) is amended to read as follows: ``(b) Contents.--The local plan shall include-- ``(1) a description of the analysis of the local area's economic and workforce conditions conducted under section 117(d)(2)(A)(i), and an assurance that the local board will use such analysis to carry out the activities under this subtitle; ``(2) a description of the one-stop delivery system in the local area, including-- ``(A) a description of how the local board will ensure the continuous improvement of eligible providers of services through the system and ensure that such providers meet the employment needs of local employers and participants; and ``(B) a description of how the local board will facilitate access to services provided through the one- stop delivery system consistent with section 117(d)(8); ``(3) a description of the strategies and services that will be used in the local area-- ``(A) to more fully engage employers, including small employers and employers in in-demand industries and occupations important to the local economy; ``(B) to meet the needs of businesses in the local area; and ``(C) to better coordinate workforce development programs with economic development; ``(4) a description of how the local board will convene (or help to convene) industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms for a range of workers employed or potentially employed by a targeted industry cluster-- ``(A) to encourage industry growth and competitiveness and to improve worker training, retention, and advancement in targeted industry clusters; ``(B) to address the immediate and long-term skilled workforce needs of in-demand industries and other occupations important to the local economy, and ``(C) to address critical skill gaps within and across industries; ``(5) a description of how the funds reserved under section 117(d)(4)(A)(ii) will be used to carry out activities described in section 134(d)(4); ``(6) a description of how the local board will coordinate workforce investment activities carried out in the local area with statewide activities, as appropriate; ``(7) a description of how the local area will-- ``(A) coordinate activities with the local area's disability community to make available comprehensive, high-quality services to individuals with disabilities; ``(B) consistent with section 188 and Executive Order 13217 (42 U.S.C. 12131 note), serve the employment and training needs of individuals with disabilities; and ``(C) consistent with sections 504 and 508 of the Rehabilitation Act of 1973, include the provision of outreach, intake, assessments, and service delivery, the development of performance measures, the training of staff, and other aspects of accessibility to programs and services under this subtitle; ``(8) a description of the local levels of performance negotiated with the Governor and chief elected official pursuant to section 136(c), to be-- ``(A) used to measure the performance of the local area; and ``(B) used by the local board for measuring performance of the local fiscal agent (where appropriate), eligible providers, and the one-stop delivery system, in the local area; ``(9) a description of the process used by the local board, consistent with subsection (c), to provide an opportunity for public comment prior to submission of the plan; ``(10) an identification of the entity responsible for the disbursal of grant funds described in subclause (III) of section 117(d)(4)(B)(i), as determined by the chief elected official or the Governor under such section; and ``(11) such other information as the Governor may require.''. | Local Job Opportunities and Business Success Act of 2011 - Amends the Workforce Investment Act of 1998 to limit the required composition of local workforce investment boards (local boards) to business representatives. Requires two-thirds of the members of a local board to be business owners or officers. Requires local boards to conduct and regularly update analyses of: (1) local economic conditions, (2) immediate and long-term skilled workforce needs in the area, (3) the knowledge and skills of the local workforce, and (4) local workforce development activities. Requires local boards to lead efforts to engage employers in the area to ensure that workforce investment activities meet their needs and support local economic growth. Includes as part of those efforts the development or implementation of industry or sector partnerships that lead to collaborative planning, resource alignment, and training efforts across multiple firms to address the immediate and long-term skilled workforce needs of the local economy. Requires local boards to develop strategies for using technological improvements to facilitate access to workforce development services. Eliminates the requirement that each local board appoint a youth council as a subgroup of the board and select providers of youth activities on the basis of its recommendations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Turbo Enterprise Zone Act''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that: (1) It is the Federal Government's responsibility to create the conditions in which enterprise can once again flourish in our inner cities, and to help create jobs where now there is only unemployment. (2) Enterprise zones will reduce taxes, regulations, and other government burdens on economic activity in the Nation's most economically depressed areas. If properly implemented, this concept can and will work over a period of several years. Because the problem in our inner cities is more urgent and more immediate, however, it requires a more aggressive reform, designated the ``turbo enterprise zone''. (3) To suit the current emergency, the enterprise zone concept is supercharged: first, it is targeted on especially hard-hit areas bereft of current tax revenue production; and, second, the incentives are extraordinary. Specifically, local governments will be asked to ``green line'' the most depressed areas. Within the green line, city, county, State, and Federal governments will cooperate to implement a zero tax rate regime for 5 years: No sales taxes, payroll withholding taxes, property taxes, excise taxes, or income taxes. To obtain these benefits, 90 percent of a business's employees and managers must live within the green line. (4) Under current circumstances, the hardest-hit areas of our Nation's inner cities are tax burdens rather than tax producers. By offering striking incentives for capital to locate within the turbo enterprise zone, however, it is realistically to be anticipated that enormous economic activity will occur in this area within the 5-year period. As a consequence, at the end of that time, it is anticipated that a sturdy tax-generating infrastructure will be firmly in place. (b) Purpose.--The purpose of this Act is to inspire renewed confidence in the blighted areas within America's inner cities, without requiring enormous amounts of new taxes and borrowing. SEC. 3. NO FEDERAL TAXES IN TURBO ENTERPRISE ZONES FOR 5 YEARS. (a) Income, Employment, and Self-Employment Taxes.--No tax shall be imposed under subtitle A or C of the Internal Revenue Code of 1986 with respect to-- (1) any income received or accrued by-- (A) any individual who is a qualified resident of a turbo enterprise zone, or (B) any qualified business, or (2) any remuneration paid by a qualified business for services performed by a qualified resident. This subsection shall not apply for purposes of determining benefits under the Social Security Act. (b) Excise Taxes.--No tax shall be imposed under subtitle D or E of such Code with respect to any taxable event transacted in a turbo enterprise zone by a qualified business or by a qualified resident for his own account. (c) Turbo Enterprise Zone.--For purposes of this section-- (1) In general.--The term ``turbo enterprise zone'' means any area in the United States if-- (A) such area is specifically designated for purposes of this section by the State and each local government having jurisdiction over such area as being-- (i) afflicted with especially high unemployment, to the extent such information is available; (ii) subject to severe economic blight as measured by per capita income and number of persons below the Federal poverty level; and (iii) nonproductive of material tax revenues to the city, county, State, or Federal governments; and (B) the designation of such area is approved by the Secretary of Housing and Urban Development. (2) Approval of designation.--The Secretary of Housing and Urban Development shall approve any designation under paragraph (1) if such Secretary determines that-- (A) the area meets the criteria specified in paragraph (1)(A), and (B) there is in effect (subject to and effective upon the condition of approval by the Secretary as provided in this section) by the State and each of local government having jurisdiction over such area an irrevocable 5-year waiver of all tax levies of any kind (including but not limited to property taxes, sales taxes, payroll withholding taxes, income taxes, excise taxes, and license fees) that would otherwise be applicable to or collectible by qualified residents and qualified businesses. (d) Qualified Resident.--For purposes of this section, the term ``qualified resident'' means any individual whose domicile and principal residence is, and has been for at least 6 continuous months, located within a turbo enterprise zone. (e) Qualified Business.--For purposes of this section, the term ``qualified business'' means any firm which meets the following criteria: (1) the principal place of business of such firm is within a turbo enterprise zone; (2) 90 percent of the remuneration paid by such firm to employees, consultants, contract labor, or other individual providers is to qualified residents; and (3) 90 percent of the number of employees of such firm are qualified residents. (f) Application of Section.-- (1) In general.--This section shall irrevocably apply to any turbo enterprise zone during the 5-year period beginning on the date the Secretary of Housing and Urban Development approves the designation of such zone under subsection (c)(2). (2) Extension of 5-year period.-- (A) In general.--If, as of the close of the 5-year period referred in paragraph (1) with respect to any turbo enterprise zone, the Secretary of Housing and Urban Development determines that-- (i) during such period the average percentage increase in per capita income for such zone is at least twice the average percentage increase in per capita income for the surrounding area, and (ii) the governmental units referred to in subsection (c)(2)(B) have extended the waiver referred to in such subsection for at least an additional 2 years, then this section shall remain in effect for an additional 2 years with respect to such zone. (B) Additional extensions permitted.--If, as of the close of any extension of the 5-year period referred to in paragraph (1) with respect to any turbo enterprise zone, the Secretary of Housing and Urban Development determines that-- (i) during the preceding 2-year extension the average percentage increase in per capita income for such zone is at least twice the average percentage increase in per capita income for the surrounding area, and (ii) the governmental units referred to in subsection (c)(2)(B) have extended the waiver referred to in such subsection for at least an additional 2 years, then this section shall remain in effect for an additional 2 years with respect to such zone. (C) Extensions limited to 6 years.--Extensions under this paragraph shall not exceed 6 years. (g) Participation by State and Local Governments.--It is the sense of the Congress that each State and local government having jurisdiction over areas significantly and adversely affected by unemployment, gang violence, riots, and looting should take immediate steps to eliminate all taxes on qualified residents and qualified businesses for the 5-year period described in subsection (f). (h) Treatment of Carryovers During Period Taxes Suspended.--For purposes of determining the application of any deduction, credit, or capital loss carryover under the Internal Revenue Code of 1986, the taxable income of the taxpayer on whom no tax is imposed by reason of this section for any period shall be treated as zero for such period. SEC. 4. HIRING INCENTIVES FOR BUSINESSES LOCATED IN TURBO ENTERPRISE ZONE THAT ARE MANUFACTURING PRODUCTS OR PROVIDING SERVICES OUTSIDE SUCH A ZONE. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new section: ``SEC. 45. TURBO ENTERPRISE ZONE EMPLOYMENT CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of a qualified productive business, the turbo enterprise zone employment credit for any taxable year is an amount equal to the applicable percentage of the qualified first-year wages for the taxable year. ``(b) Limitation.--The credit allowed under subsection (a) with respect to the qualified first-year wages paid to an employee shall not exceed $1,000. ``(c) Definitions.--For purposes of this section-- ``(1) Qualified productive business.--The term `qualified productive business' means any qualified business that-- ``(A) is engaged in the manufacture or production of any tangible personal property in a turbo enterprise zone for use outside such a zone, or ``(B) is providing services performed outside such a zone by qualified residents. ``(2) Applicable percentage.--The term `applicable percentage' means, with respect to any taxable year, the percentage of the gross receipts of the taxpayer for such year which is attributable to-- ``(A) property manufactured or produced by the taxpayer in a turbo enterprise zone and sold for use outside such a zone, or ``(B) services performed outside such a zone by qualified residents. ``(3) Qualified first-year wages.--The term `qualified first-year wages' means wages (as defined in section 51(d)) paid by the taxpayer to a qualified resident that are attributable to service by such resident during the 1-year period beginning on the day such resident begins work for the employer. ``(4) Qualified business; qualified resident.--The terms `qualified business' and `qualified resident' have the respective meanings given such terms by section 3 of the Turbo Enterprise Zone Act. ``(5) Turbo enterprise zone.--The term `turbo enterprise zone' has the meaning given such term by section 3 of the Turbo Enterprise Zone Act. ``(d) Application of Section.--This section shall apply to qualified residents of a turbo enterprise zone that are hired during the period that no tax is imposed on the employer by reason of section 3 of the Turbo Enterprise Zone Act.'' (b) Credit To Be Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (6), by striking the period at the end of paragraph (7) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(8) in the case of a qualified productive business (as defined in section 45), the turbo enterprise zone employment credit under section 45(a).'' (c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Sec. 45. Turbo enterprise zone employment credit.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Turbo Enterprise Zone Act - Provides for the waiver of Federal income, employment, self-employment, and excise taxes and State, county, and local jurisdiction taxes on qualified residents and qualified businesses in turbo enterprise zones during a five-year period. Describes such zones as any area designated as being: (1) afflicted with especially high unemployment; (2) subject to severe economic blight as measured by per capita income and the number of persons below the Federal poverty level; and (3) nonproductive of material tax revenues to the city, county, State, or Federal governments. Requires designations to be approved by the Secretary of Housing and Urban Development. Provides for an extension of such period if necessary. Suspends the treatment of any deduction, credit, or capital loss carryover during such period. Allows a turbo enterprise zone employment credit equal to the applicable percentage of qualified first-year wages to a qualified productive business that: (1) is engaged in the manufacture or production of any tangible personal property in a turbo enterprise zone for use outside such a zone; or (2) is providing services performed outside such a zone by qualified residents. Limits such credit to $1,000 for the first-year wages paid to an employee. Makes such credit applicable to qualified residents of a turbo enterprise zone who are hired during the five-year period. Make such credit a part of the general business credit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Employment Protection Act of 1997''. SEC. 2. DEFINITIONS. In this Act: (1) Employee; employer; employment agency; labor organization; member.--The terms ``employee'', ``employer'', ``employment agency'', and ``labor organization'' have the meanings given the terms in section 701 of the Civil Rights Act of 1964 (42 U.S.C. 2000e). The terms ``employee'' and ``member'' include an applicant for employment and an applicant for membership in a labor organization, respectively. (2) Genetic information.--The term ``genetic information'', used with respect to an individual, means information (including information regarding carrier status and information derived from a laboratory test that identifies mutations in specific genes or chromosomes, a physical medical examination, a family history, and a direct analysis of genes or chromosomes) about a gene, gene product, or inherited characteristic that derives from the individual or a family member of the individual. (3) Genetic services.--The term ``genetic services'' means genetic evaluation, genetic testing, genetic counseling, and related services. SEC. 3. EMPLOYER PRACTICES. It shall be an unlawful employment practice for an employer-- (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to the compensation, terms, conditions, or privileges of employment of the individual, because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services; (2) to limit, segregate, or classify the employees of the employer in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services; or (3) to request or require the collection for the employer or disclosure to the employer of genetic information with respect to an individual unless the employer shows that-- (A) the employer made the request or requirement after making an offer of employment to the individual; (B) the information is job-related for the position in question and consistent with business necessity; and (C) the knowing and voluntary written consent of the individual has been obtained for the request or requirement, and the collection or disclosure. SEC. 4. EMPLOYMENT AGENCY PRACTICES. It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services. SEC. 5. LABOR ORGANIZATION PRACTICES. It shall be an unlawful employment practice for a labor organization-- (1) to exclude or to expel from the membership of the organization, or otherwise to discriminate against, any individual because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services; (2) to limit, segregate, or classify the members of the organization, or to classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities, or would limit the employment opportunities or otherwise adversely affect the status of the individual as an employee, because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services; or (3) to cause or attempt to cause an employer to discriminate against an individual in violation of this section. SEC. 6. TRAINING PROGRAMS. It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to discriminate against any individual because of genetic information with respect to the individual, including an inquiry by the individual regarding genetic services, in admission to, or employment in, any program established to provide apprenticeship or other training or retraining. SEC. 7. CONFIDENTIALITY. If an employer, labor organization, or employment agency possesses genetic information about an employee, the employer, labor organization, or employment agency-- (1) shall maintain the information on separate forms and in separate medical files, and treat the information as a confidential medical record, except that, if the employee provides knowing and voluntary written consent-- (A) the employer may inform a supervisor or manager of the employee regarding a necessary restriction on the work or duties of, or a necessary accommodation for, the employee; (B) the employer may inform first aid and safety personnel (when appropriate, within the meaning of section 102(d)(3)(B)(ii) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112(d)(3)(B)(ii))); and (C) the employer shall provide relevant information to a government official investigating compliance with this Act, on request; (2) shall disclose the information to the employee at the request of the employee; and (3) shall not otherwise disclose the information. SEC. 8. CIVIL ACTION. (a) In General.--An employee or member of a labor organization may bring an action in a Federal or State court of competent jurisdiction against an employer, employment agency, labor organization, or joint labor-management committee who violates this Act. (b) Class Actions.--The employee or member may bring the action for and in behalf of-- (1) the employee or member; or (2) the employee or member, and other employees or members of the labor organization who are similarly situated. (c) Remedy.--The court in which the action is brought may award any appropriate legal or equitable relief. SEC. 9. CONSTRUCTION. Nothing in this Act shall be construed to limit the rights or protections of an employee or member of a labor organization under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). | Genetic Employment Protection Act of 1997 - Prohibits discrimination in employment on the basis of genetic information with respect to an individual, including an inquiry by the individual regarding genetic services. Sets forth confidentiality and civil action provisions. |
SECTION 1. TEMPORARY DUTY SUSPENSION FOR CERTAIN PIGMENTS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new headings: `` 9902.32.11 Hostaperm Yellow H4G (CAS No. No change No change On or before 031837-42-0; Pigment Yellow 12/31/98 151) (provided for in subheading 3204.17.50)...... Free 9902.32.12 PV Fast Yellow H3R (CAS No. No change No change On or before 074441-05-7; Pigment Yellow 12/31/98 181) (provided for in subheading 3204.17.30)...... Free 9902.32.13 Hostaperm yellow H3G (CAS No. No change No change On or before 068134-22-5; Pigment Yellow 12/31/98 154) (provided for in subheading 3204.17.30)...... Free 9902.32.14 Hostaperm Yellow H6G (CAS No. No change No change On or before 035636-63-6; Pigment Yellow 12/31/98 175) (provided for in subheading 3204.17.30)...... Free 9902.32.15 PV Fast Yellow HG (CAS No. No change No change On or before 077804-81-0; Pigment Yellow 12/31/98 180) (provided for in subheading 3204.17.30)...... Free 9902.32.16 PV Fast Yellow HGR (CAS No. No change No change On or before 129423-54-7; Pigment Yellow 12/31/98 191) (provided for in subheading 3204.17.30)...... Free 9902.32.17 PV Fast Red HF4B (CAS No. No change No change On or before 059487-23-9; Pigment Red 12/31/98 187) (provided for in subheading 3204.17.30)...... Free 9902.32.18 PV Red HG (CAS No. 043035-18- No change No change On or before 3; Pigment Red 247) 12/31/98 (provided for in subheading 3204.17.30)................. Free 9902.32.19 PV Red HB (CAS No. 043035-18- No change No change On or before 3; Pigment Red 247) 12/31/98 (provided for in subheading 3204.17.30)................. Free 9902.32.20 PV Fast Orange H4G-L (CAS No. No change No change On or before 078245-94-0; Pigment Orange 12/31/98 72) (provided for in subheading 3204.17.30)...... Free 9902.32.21 Permanent Yellow NCG-71 (CAS No change No change On or before No. 005979-28-2; Pigment 12/31/98 Yellow 16) (provided for in subheading 3204.17.10)...... Free 9902.32.22 PV Carmine HF4C (CAS No. No change No change On or before 051920-12-8; Pigment Red 12/31/98 185) (provided for in subheading 3204.17.10)...... Free 9902.32.23 Novoperm Red HF28-01 (CAS No. No change No change On or before 031778-10-6; Pigment Red 12/31/98 208) (provided for in subheading 3204.17.10)...... Free 9902.32.24 Novoperm Red HF3S (CAS No. No change No change On or before 061847-48-1; Pigment Red 12/31/98 188) (provided for in subheading 3204.17.10)...... Free 9902.32.25 Novoperm Red HF3S-70 (CAS No. No change No change On or before 061847-48-1; Pigment Red 12/31/98 188) (provided for in subheading 3204.17.10)...... Free (b) Effective Date.--The amendment made by this section applies 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. | Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1998, the duties on various specified red and yellow pigments. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ensuring Adversarial Process in the FISA Court Act''. SEC. 2. PUBLIC INTEREST ADVOCATES FOR PROCEEDINGS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. (a) Appointment by Privacy and Civil Liberties Oversight Board.-- (1) In general.--Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)) is amended by adding at the end the following new paragraph: ``(5) Appointment of public interest advocates.-- ``(A) Appointment.--The Board shall appoint attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). ``(B) Requirements.--In making appointments under subparagraph (A), the Board shall-- ``(i) consult with the Attorney General; ``(ii) appoint attorneys with expertise and experience in cases involving privacy and civil liberties who are not employees of the Federal Government; ``(iii) consider candidates with demonstrated expertise in and commitment to constitutional and legal protections for privacy and civil liberties; ``(iv) consider the availability of candidates to appear before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, or the Supreme Court in urgent matters; ``(v) consider the ability of candidates to obtain and maintain an appropriate security clearance to participate fully in matters before the Foreign Intelligence Surveillance Court, a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review, and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); and ``(vi) provide notice to the Attorney General and the presiding judge of the Foreign Intelligence Surveillance Court of all appointments under subparagraph (A). ``(C) Duties.--Attorneys appointed under subparagraph (A) shall carry out the duties of the public interest advocate as described in subsection (i) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). ``(D) Technical experts.-- ``(i) Appointment.--The Board shall appoint technical and subject-matter experts, not employed by the Federal Government, to be available to assist public interest advocates in performing the duties of such advocates under this paragraph. ``(ii) Qualifications.--In making appointments under clause (i), the Board shall consider individuals with expertise in technical issues likely to arise in cases relating to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), including computer networks, telecommunications, encryption, and cybersecurity. ``(E) Compensation.--The Attorney General shall, from funds made available to the Department of Justice, compensate each attorney appointed under subparagraph (A) at the daily equivalent of the annual rate of basic pay for level III of the Executive Schedule for each day (including travel time) during which such attorney is engaged in the actual performance of duties under subsection (i) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803). ``(F) Travel expenses.--The Attorney General shall, from funds made available to the Department of Justice, provide each attorney appointed under subparagraph (A) with travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. ``(G) Security clearances.--The President shall ensure that attorneys appointed under subparagraph (A) and technical and subject-matter experts appointed under subparagraph (D)(i) are expeditiously provided appropriate security clearances to carry out the duties of the attorneys to the extent possible under the appropriate procedures and requirements and provided that such attorneys meet the criteria for receiving such security clearances. ``(H) Definitions.--In this paragraph: ``(i) Foreign intelligence surveillance court.--The term `Foreign Intelligence Surveillance Court' means the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). ``(ii) Foreign intelligence surveillance court of review.--The term `Foreign Intelligence Surveillance Court of Review' means the court established under section 103(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(b)). ``(iii) Petition review pool.--The term `petition review pool' means the petition review pool established under section 103(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(e)).''. (2) Initial appointment.--Not later than 180 days after the date of the enactment of this Act, the Privacy and Civil Liberties Oversight Board shall appoint at least one attorney to serve as a public interest advocate under paragraph (5) of section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)), as added by subsection (a) of this section. (b) Appointment by Foreign Intelligence Surveillance Court.-- Section 103 of the Foreign Intelligence Surveillance Court of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: ``(i)(1) In any matter before a covered court involving a significant interpretation or construction of a provision of this Act, including any novel legal, factual, or technological issue or an issue relating to the Fourth Amendment to the Constitution of the United States, the court shall appoint one or more public interest advocates appointed under paragraph (5) of section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(d)) to represent the privacy and civil liberties interests of the people of the United States in the matter before the court. ``(2) A court that appoints a public interest advocate for a matter before the court under paragraph (1) shall-- ``(A) provide notice to the Attorney General and the Privacy and Civil Liberties Oversight Board of the appointment; and ``(B) provide the Privacy and Civil Liberties Oversight Board with a summary of the issues in such matter that warranted such appointment. ``(3) A public interest advocate appointed under paragraph (1)-- ``(A) shall participate fully in the matter before the court for which such public interest advocate was appointed with the same rights and privileges as the Federal Government; ``(B) shall represent the interests of the people of the United States in preserving privacy and civil liberties in such matter, including with respect to the impact of such matter on the rights of the people of the United States under the Fourth Amendment to the Constitution of the United States; ``(C) shall have access to all relevant evidence in such matter and may petition the court to order the Federal Government to produce documents, materials, or other evidence necessary to perform the duties of the public interest advocate; ``(D) may file timely motions and briefs, in accordance with the procedures of the court, and shall be given the opportunity by the court to respond to motions or filings made by the Federal Government in accordance with such procedures; and ``(E) may request a rehearing or en banc consideration of a decision of the court. ``(4)(A) In matters before the court established under subsection (a) in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion, the court may by certification at any time, including following the rendering of a final judgment, request review by the court established under subsection (b). ``(B) In matters before the court established under subsection (b) in which a public interest advocate has been appointed and the court believes the case involves a question of law in which there is substantial ground for difference of opinion, the court may by certification at any time, including following the rendering of a final judgment, request review by the Supreme Court. ``(C) In any matter in which a court makes a certification for review of any ruling or question of law as provided in subparagraph (A) and (B), the United States and the public interest advocate shall be given opportunity to provide written briefs or arguments related to the decision by the court established under subsection (b) or the Supreme Court to review a ruling. ``(5) A covered court may, sua sponte and upon a finding that the court would benefit from additional views, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before such court. Such court may issue appropriate orders to facilitate the participation of amicus curiae. ``(6) The Attorney General shall ensure that each public interest advocate appointed under paragraph (1) for a matter before a covered court has access to office space and materials necessary to fully participate in such matter, including, as necessary, access to appropriately secured computers, communication devices, and facilities. ``(7) In this subsection, the term `covered court' means the court established under subsection (a), the court established under subsection (b), a judge of the petition review pool established under subsection (e), or the Supreme Court.''. | Ensuring Adversarial Process in the FISA Court Act - Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to require the Privacy and Civil Liberties Oversight Board (an independent agency that reviews executive branch actions taken to protect the nation from terrorism in order to ensure a balance with privacy and civil liberties) to appoint: (1) attorneys to serve as public interest advocates in proceedings before the Foreign Intelligence Surveillance Court (FISC), a judge of the petition review pool, the Foreign Intelligence Surveillance Court of Review (FISCR), and the Supreme Court under the Foreign Intelligence Surveillance Act of 1978 (FISA); and (2) technical and subject-matter experts (including experts of computer networks, telecommunications, encryption, and cybersecurity), not employed by the federal government, to be available to assist such advocates in performing their duties. Requires such courts, in any matter involving a significant interpretation or construction of FISA, to appoint at least one public interest advocate who will: (1) participate fully with the same rights and privileges as the federal government; (2) represent the interests of the people of the United States in preserving privacy and civil liberties, including with respect to rights under the Fourth Amendment to the Constitution; and (3) have access to all relevant evidence as well as the authority to petition the court to order the government to produce other necessary evidence. Authorizes such advocates to file motions and briefs, respond to motions or filings made by the federal government, and request rehearings or en banc consideration of a decision. Permits the FISC to request review by the FISCR, and permits the FISCR to request review by the Supreme Court, when matters before such courts in which a public interest advocate has been appointed involve a question of law in which there is substantial ground for difference of opinion. Requires the United States and the public interest advocate, when a court has requested such a review, to be given an opportunity to provide written briefs or arguments related to a decision by the FISCR or the Supreme Court to review a ruling. Allows each relevant court, upon a finding that it would benefit from additional views, to permit participation by amicus curiae. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Neotropical Migratory Bird Habitat Enhancement Act''. SEC. 2. FINDINGS. The Congress finds the following: (1) Neotropical migratory bird populations in nations within the range of neotropical migratory birds have continued to decline to the point that the long-term survival of various species in the wild is in jeopardy. (2) 90 North American bird species are listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973, and 124 species of migratory birds are currently on the United States Fish an Wildlife Service's List of Migratory Nongame Birds of Management Concern. (3) The United States, through 4 bilateral treaties, has responsibility of maintaining healthy populations of 778 species of migratory nongame birds and 58 species of migratory game birds that migrate between the Caribbean, Latin America, and North America. (4) The Government of Mexico presently lists approximately 390 birds species as endangered, threatened, vulnerable, or rare. (5) Healthy bird populations provide important economic benefits, such as control of detrimental insects on agricultural crops, thus preventing the loss of millions of dollars each year to farming and timber interests. (6) Neotropical migratory birds travel across many international borders, therefore the conservation of these species requires that safeguards be established at both the beginning and end of the migration routes, as well as at essential stopover areas along the way. (7) Because the challenges facing the conservation of neotropical migratory birds are so great, resources to date have not been sufficient to cope with continued loss of habitat and the consequent reduction of neotropical migratory bird populations. (8) To reduce, remove, or otherwise effectively address these treaties through the long-term viability of populations of neotropical migratory birds in the wild will require the joint commitment and efforts of nations within the range of neotropical migratory birds and the private sector. (9) A Neotropical Migratory Bird Conservation fund would much-needed support for projects aimed at protecting critical habitat for declining migratory bird species,in an innovative way that promotes conservation partnerships and cost sharing through joint Federal and non-Federal support mechanisms. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To perpetuate healthy populations of neotropical migratory birds. (2) To assist in the conservation and protection of neotropical migratory birds by supporting the conservation programs of neotropical migratory bird range states and the CITES Secretariat. (3) To provide financial resources for those programs. SEC. 4. DEFINITIONS. In this Act: (1) The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and its appendices. (2) The term ``Commission'' means the Migratory Bird Conservation Commission established by the Migratory Bird Conservation Act (16 U.S.C. 715 et seq.). (3) The term ``conservation'' means the use of methods and procedures necessary to bring neotropical migratory birds to the point at which there are sufficient populations in the wild to ensure that the various species of such birds do not become extinct, including all activities associated with scientific resource management, such as conservation, protection, restoration, acquisition, and management of habitat; research and monitoring of known populations; CITES enforcement; law enforcement through community participation; conflict resolution initiatives; and community outreach and education. (4) The term ``Fund'' means the Neotropical Migratory Bird Conservation Fund established under section 6(a). (5) The term ``Secretary'' means the Secretary of the Interior. SEC. 5. NEOTROPICAL MIGRATORY BIRD CONSERVATION ASSISTANCE. (a) Assistance Authorized.-- (1) In general.--The Secretary, subject to the availability of funds and in consultation with the Commission, shall use amounts in the Fund to provide financial assistance for projects for the conservation of neotropical migratory birds for which final project proposals are approved by the Secretary in accordance with this section. (2) Priority.--The Secretary shall provide that assistance in accordance with the following priority: (A) First, for projects proposed by relevant wildlife management authorities referred to in subsection (b). (B) Second, for projects proposed by the CITES Secretariat. (C) Third, for projects proposed by any other person. (b) Project Proposal.--Any relevant wildlife management authority of a nation within the range of neotropical migratory birds whose activities directly or indirectly affect neotropical migratory bird populations, the CITES Secretariat, or any person with demonstrated expertise in the conservation of neotropical migratory birds, may submit to the Secretary a project proposal under this section. Each proposal shall include the following: (1) The name of the individual responsible for conducting the project. (2) A succinct statement of the purposes of the project. (3) A description of the qualifications of the individuals who will conduct the project. (4) An estimate of the funds and time required to complete the project. (5) Evidence of support of the project by appropriate governmental entities of countries in which the project will be conducted, if the Secretary determines that the support is required for the success of the project. (6) Information regarding the source and amount of matching funding available to the applicant. (7) Any other information the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--Within 30 days after receiving a final project proposal, the Secretary shall provide a copy of the proposal to the Commission. The Secretary shall review each final project proposal to determine if it meets the criteria set forth in subsection (d). (2) Consultation; approval or disapproval.--Not later than 6 months after receiving a final project proposal, and subject to the availability of funds, the Secretary, after consulting with the Commission, shall-- (A) request written comments on the proposal from each country within which the project is to be conducted; (B) after requesting those comments, approve or disapprove the proposal; and (C) provide written notification of that approval or disapproval to the person who submitted the proposal, the Commission, and each of those countries. (d) Criteria for Approval.--The Secretary may approve a final project proposal under this section if the project will enhance programs for conservation of neotropical migratory birds by assisting efforts to-- (1) implement conservation programs; (2) develop sound scientific information on the condition of neotropical migratory bird habitat, neotropical migratory bird population numbers and trends, or the threats to such habitat, numbers, or trends; or (3) promote cooperative projects on those topics with other foreign governments, affected local communities, nongovernmental organizations, or others in the private sector. (e) Project Sustainability.--To the maximum extent practical, in determining whether to approve project proposals under this section, the Secretary shall give consideration to projects which will enhance sustainable integrated conservation development programs to ensure effective, long-term conservation of neotropical migratory birds. (f) Project Reporting.--Each person who receives assistance under this section for a project shall provide periodic reports, as the Secretary considers necessary, to the Secretary and the Commission. Each report shall include all information required by the Secretary, after consulting with the Commission, for evaluating the progress and success of the project. (g) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give priority to those projects for which there exists some measure of matching funds. SEC. 6. NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a separate account to be known as the ``Neotropical Migratory Bird Conservation Fund'', which shall consist of amounts deposited into the Fund by the Secretary of the Treasury under subsection (b). (b) Deposits Into the Fund.--The Secretary of the Treasury shall deposit into the Fund-- (1) all amounts received by the Secretary in the form of donations under subsection (d); and (2) other amounts appropriated to the Fund. (c) Use.-- (1) In general.--Subject to paragraph (2), the Secretary may use amounts in the Fund without further appropriation to provide assistance under section 5. (2) Administration.--Of amounts in the Fund available for each fiscal year, the Secretary may use not more than 3 percent to administer the Fund. (d) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 5. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 1999, 2000, 2001, and 2002 to carry out this Act, which may remain available until expended. | Neotropical Migratory Bird Habitat Enhancement Act - Directs the Secretary of the Interior to use funds from the Neotropical Migratory Bird Conservation Fund established under this Act to provide financial assistance for projects for the conservation of neotropical migratory birds for which final project proposals are approved by the Secretary. Requires the Secretary to give priority for such assistance to projects proposed by: (1) first, relevant wildlife management authorities of nations within the range of such birds whose activities directly or indirectly affect such bird populations; (2) second, the Secretariat of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; and (3) third, any other person. Specifies information to be included in project proposals. Provides for: (1) project review and approval or disapproval by the Secretary after consultation with the Migratory Bird Conservation Commission; and (2) approval criteria, including that a project enhance programs for the conservation of such birds. Requires periodic reports from each person receiving assistance under this Act. Authorizes appropriations to the Fund for FY 1999 through 2002. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bovine Growth Hormone Milk Labeling Act''. SEC. 2. DEFINITIONS. Section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) is amended by adding at the end the following: ``(gg) The term `bovine growth hormone' means-- ``(A) a substance described as bovine somatotropin, bST, BST, bGH, or BGH; and ``(B) a growth hormone, intended for use in bovine animals, that has been produced through recombinant DNA techniques. ``(hh) The term `cow' means a bovine animal.''. SEC. 3. LABELING. Section 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following: ``(s)(1) If it is milk that-- ``(A) is intended for human consumption; and ``(B)(i) is produced by cows that have been injected with bovine growth hormone; or ``(ii) has been commingled with milk produced by such cows, unless the labeling of the milk bears the following statement: `This milk was produced by cows injected with bovine growth hormone.'. ``(2) If it is milk that is intended for human consumption, other than milk described in paragraph (1), unless the labeling of the milk bears the following statement: `This milk was not produced by cows injected with bovine growth hormone.'. ``(3) If it is a milk product that is intended for human consumption and is derived from milk described in paragraph (1), unless the labeling of the milk product bears the following statement: `This milk product was derived from milk produced by cows injected with bovine growth hormone.'. ``(4) If it is a milk product that is intended for human consumption and is not derived from milk described in paragraph (1), unless the labeling of the milk product bears the following statement: `This milk product was not derived from milk produced by cows injected with bovine growth hormone.'''. SEC. 4. RECORDS. (a) Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following: ``(u) The failure to prepare and maintain records required by section 512A, or to comply with a requirement of regulations promulgated under such section.''. (b) Records.--Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 (21 U.S.C. 360b) the following: ``SEC. 512A. BOVINE GROWTH HORMONE. ``(a) Records.-- ``(1) In general.--A person who sells bovine growth hormone, purchases the hormone, distributes the hormone, or injects the hormone into a cow shall prepare and maintain records that comply with the regulations issued by the Secretary under paragraph (2). ``(2) Regulations regarding records.-- ``(A) Persons covered.--Not later than 30 days after the date of enactment of the Bovine Growth Hormone Milk Labeling Act, the Secretary shall issue regulations that require-- ``(i) persons who sell bovine growth hormone; ``(ii) persons who purchase bovine growth hormone; ``(iii) persons who distribute bovine growth hormone; and ``(iv) persons who inject bovine growth hormone into cows, to create and maintain records that contain the applicable information specified in subparagraph (B). ``(B) Information.--Regulations issued under this paragraph shall require records to contain a description of-- ``(i) the quantity and source of the bovine growth hormone obtained (by manufacture, purchase, or any other means); ``(ii) the date on which the hormone was obtained; and ``(iii) the identity of each person to whom the hormone was sold or otherwise distributed, the cows into which any portion of the hormone was injected, and each person who has an operator or ownership interest in the cows. ``(b) Other Regulations.--Not later than 30 days after the date of enactment of the Bovine Growth Hormone Milk Labeling Act, the Secretary shall issue regulations that establish-- ``(1) requirements with respect to the sale, distribution, and administration of bovine growth hormone; and ``(2) such other requirements with respect to the use of bovine growth hormone as the Secretary may determine to be necessary to carry out the objectives of this Act.''. | Bovine Growth Hormone Milk Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require that all milk and milk products labels indicate whether or not the product is derived from cows injected with bovine growth hormone. Sets forth related bovine growth hormone recordkeeping requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Mexican Gray Wolf Recovery Plan Act''. SEC. 2. DEFINITIONS. In this Act: (1) Director.--The term ``Director'' means the Director of the United States Fish and Wildlife Service. (2) Mexican gray wolf.--The term ``Mexican gray wolf'' means the subspecies classified as the Mexican gray wolf (Canis lupus baileyi) of the species gray wolf (Canis lupus) (as of the date of enactment of this Act). (3) Prey.--The term ``prey'' means wild ungulates and other wild animals. SEC. 3. RECOVERY PLAN FOR MEXICAN GRAY WOLVES. (a) In General.--Not later than 180 days after the date of enactment of this Act, the Director shall publish a revised recovery plan for the Mexican gray wolf populations in the States of Arizona and New Mexico. (b) Contents.--The recovery plan described in subsection (a) shall include-- (1) the requirements described in section 4(f)(1)(B) of the Endangered Species Act (16 U.S.C. 1533(f)(1)(B)), unless otherwise provided in this subsection; (2) an assertion that State and individual interests and cooperation are crucial components to the recovery of the Mexican gray wolf; (3) the input of State entities and individuals, including-- (A) State wildlife authorities; (B) livestock producers; (C) ranchers; (D) managers or owners of-- (i) natural resources; or (ii) private land; (E) recreation interests; (F) affected county governments; and (G) other interested State parties; (4) recovery goals for the Mexican gray wolf in the States of Arizona and New Mexico, as determined by the agreements between the Director, the States of Arizona and New Mexico, and State interests, that-- (A) comply with section 4(f)(1)(B)(ii) of the Endangered Species Act (16 U.S.C. 1533(f)(1)(B)(ii)); and (B) include an enforceable maximum population of the Mexican gray wolf that-- (i) ensures that-- (I) the population of Mexican gray wolves in the States of Arizona and New Mexico does not reach an unsustainable level; and (II) the range of Mexican gray wolves in the States of Arizona and New Mexico is acceptable to a majority of the State entities and individuals described in paragraph (3); and (ii) is not more than a number of Mexican gray wolves that is agreed on by, and acceptable to, the State entities and individuals described in paragraph (3) in accordance with paragraphs (5) and (6); (5) the decrease of wild ungulate species in the States of Arizona and New Mexico due to the Mexican gray wolf, as determined to be acceptable to the State entities and individuals described in paragraph (3); (6) a description of the acceptable and unacceptable impacts on-- (A) wild game; (B) livestock; and (C) recreation in the States of Arizona and New Mexico due to-- (i) the Mexican gray wolf population; and (ii) the management of the Mexican gray wolf; (7) a range for the Mexican gray wolf during and after recovery that-- (A) ensures a suitable habitat and prey base; (B) does not allow the Mexican gray wolf to disperse north of Interstate 40 in the States of Arizona and New Mexico; and (C) focuses on areas that can support a robust wild ungulate population; (8) a description of the efforts that the Director will make to share with Mexico all Federal and State knowledge, history, and expertise relating to Mexican gray wolf recovery efforts to ensure that any recovery effort by Mexico is successful; and (9) a statement by the Director that, if the Director does not comply with subsection (a), as determined by the State wildlife authority of the State of Arizona or New Mexico, the Director will allow the State wildlife authority to submit a proposal to assume or supplement the management of the Mexican gray wolf in the relevant State. (c) Management by the State.-- (1) Noncompliance by the director.-- (A) In general.--If the Director does not comply with subsection (a), the State wildlife authority of the State of Arizona or New Mexico may make a determination of noncompliance. (B) Proposal.--Not later than 90 days after the date on which the State wildlife authority of the State of Arizona or New Mexico makes a determination under subparagraph (A), the State wildlife authority of each State in which the Mexican gray wolf is present may submit to the Director a proposal to assume or supplement the management of the Mexican gray wolf. (C) Approval of proposal.--On the date on which the Director receives from a State wildlife authority a proposal referred to in subparagraph (B), the Director shall approve the proposal. (2) Management by state wildlife authority.--Not later than 90 days after the date on which the Director approves a proposal under paragraph (1)(C), the Director shall allow the State wildlife authority to assume or supplement the management of the Mexican gray wolf in the relevant State. (3) Agreements.--If a State wildlife authority assumes or supplements the management of the Mexican gray wolf under paragraph (2), the State wildlife authority shall manage the Mexican gray wolf in accordance with the agreement between the State and the Director that-- (A) was made in the development of the recovery plan described in subsection (a); and (B) included in the recovery plan under subsection (b). (4) Eligibility for funding.--In the case of the management of the Mexican gray wolf by a State wildlife authority under paragraph (2), the State wildlife authority shall be eligible to apply for funding from-- (A) the cooperative endangered species conservation fund established under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); (B) the State and tribal wildlife conservation grant program established under title I of division A of Public Law 111-88 (123 Stat. 2909); and (C) the Federal aid to wildlife restoration fund established under section 3(a)(1) of the Pittman- Robertson Wildlife Restoration Act (16 U.S.C. 669b(a)(1)). SEC. 4. EXCEEDANCE OF POPULATION. (a) In General.--In the case of an exceedance of the acceptable and enforceable maximum population of Mexican gray wolves referred to in section 3(b)(4)(B), the Director shall use a scientifically sound method to reduce the population of the Mexican gray wolf, including the removal of the appropriate number of Mexican gray wolves from the State of Arizona or New Mexico and relocation of those Mexican gray wolves within the range referred to in section 3(b)(7). (b) Wild Ungulate Herds.--In the case of a decline of a wild ungulate herd by more than the decrease referred to in section 3(b)(5), the Director shall carry out a management action for the Mexican gray wolf, including the removal of an appropriate number of Mexican gray wolves from the area in which the wild ungulate herd is located for relocation within the range referred to in section 3(b)(7). SEC. 5. DELISTING OF MEXICAN GRAY WOLVES. (a) In General.--Effective beginning on the date on which the Director determines that the population goal for the Mexican gray wolf referred to in section 3(b)(4) has been reached-- (1) the Mexican gray wolf shall no longer be included on any list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and (2) management of the Mexican gray wolf shall be assumed by each State in which the Mexican gray wolf is present. (b) No Judicial Review.--The determination by the Director to remove the Mexican gray wolf from any list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), shall not be subject to judicial review. (c) State Determination.--Before the date on which the Director delists the Mexican gray wolf under subsection (a), subject to sections 3 and 4, each State in which the Mexican gray wolf is present shall determine a number of Mexican gray wolves below which, or other specific criteria by which, the Director may make a determination to include the Mexican gray wolf on a list of endangered species, threatened species, or experimental populations under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533). (d) Monitoring.--The Director shall carry out monitoring activities under section 4(g) of the Endangered Species Act of 1973 (16 U.S.C. 1533(g)) to determine the number of Mexican gray wolves in the States of Arizona and New Mexico. (e) No Further Listing.-- (1) In general.--Subject to subsection (c) and paragraph (2), after the date on which the Director has delisted the Mexican gray wolf under subsection (a), the Director shall not make any determination that results in the inclusion of the Mexican gray wolf on any list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (2) Exception.--Notwithstanding paragraph (1) and subject to subsection (c), the Director may include the Mexican gray wolf on a list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), if the population numbers, impacts, and range described in the recovery plan described in section 3(a) are not maintained. (f) No Further Recovery Plans.--After the date on which the Director publishes the recovery plan described in section 3(a), the Director shall not publish any recovery plan for the Mexican gray wolf, unless the Director makes a determination described in subsection (c) or (e)(2). SEC. 6. RECLASSIFICATION OF MEXICAN GRAY WOLF. This Act shall apply to the Mexican gray wolf notwithstanding any reclassification of the Mexican gray wolf as a subspecies, a distinct population segment, or a species other than the subspecies classified as the Mexican gray wolf (Canis lupus baileyi) of the species gray wolf (Canis lupus) (as of the date of enactment of this Act). | Mexican Gray Wolf Recovery Plan Act of 2016 This bill: requires the U.S. Fish and Wildlife Service (USFWS) to publish a revised recovery plan for the Mexican gray wolf populations in Arizona and New Mexico; outlines what must be contained in the plan, including input from states and individuals, a maximum population of the wolf, and a specified range for the wolf; establishes a process for the state wildlife authority of Arizona or New Mexico to assume or supplant the USFWS' authority to manage such wolf in the relevant states if certain conditions are met; requires USFWS to reduce the population of such wolf within the specified range when the wolf's population exceeds the maximum population; and sets forth requirements for removing such wolf from the list of endangered species, threatened species, or experimental populations under the Endangered Species Act of 1973 if the population recovery goal outlined in the plan is met. |
SECTION 1. CONVEYANCE OF POINT ARENA LIGHT STATION. (a) Authority To Convey.-- (1) In general.--At such time as the Secretary determines the Point Arena Light Station to be excess to the needs of the Coast Guard, the Secretary shall convey to the Point Arena Lighthouse Keepers, Inc., by an appropriate means of conveyance, all right, title, and interest of the United States in and to the Point Arena Light Station, located in Mendocino County, California, except that the Coast Guard shall retain all right, title, and interest in any historical artifact, including any lens or lantern, on the property conveyed pursuant to this section, or belonging to the property, whether located on the property or elsewhere. (2) Identification of property.--The Secretary may identify, describe, and determine the property to be conveyed pursuant to this section. (3) Retention of lens in california.--The Secretary shall retain within the boundaries of the State of California the lens belonging to the Point Arena Light Station. (b) Terms of Conveyance.-- (1) In general.--A conveyance of property pursuant to this section shall be made-- (A) without the payment of consideration; and (B) subject to such terms and conditions as the Secretary may consider appropriate. (2) Reversionary interest.--In addition to any term or condition established pursuant to paragraph (1), any conveyance of property comprising the Point Arena Light Station pursuant to subsection (a) shall be subject to the condition that all right, title, and interest in and to the property so conveyed shall immediately revert to the United States if the property, or any part thereof, ceases to be maintained as a nonprofit center for public benefit for the interpretation and preservation of the maritime history of Point Arena, California. (3) Maintenance of navigation functions.--Any conveyance of property pursuant to this section shall be subject to such conditions as the Secretary considers to be necessary to assure that-- (A) the light, antennas, sound signal, and associated lighthouse equipment located on the property conveyed, which are active aids to navigation, shall continue to be operated and maintained by the United States for as long as they are needed for this purpose; (B) the Point Arena Lighthouse Keepers, Inc., or any successors or assigns, may not interfere or allow interference in any manner with such aids to navigation without express written permission from the Secretary; (C) there is reserved to the United States the right to relocate, replace, or add any aids to navigation, or make any changes to the Point Arena Light Station as may be necessary for navigation purposes; (D) the United States shall have the right, at any time, to enter the property conveyed without notice for the purpose of maintaining navigation aids; (E) the United States shall have an easement of access to such property for the purpose of maintaining the navigational aids in use on the property; and (F) the Point Arena Light Station shall revert to the United States at the end of the 30-day period beginning on any date on which the Secretary provides written notice to the Point Arena Lighthouse Keepers, Inc., that the Point Arena Light Station is needed for national security purposes. (4) Maintenance of property.--Any conveyance of property under this section shall be subject to the condition that the Point Arena Lighthouse Keepers, Inc., shall maintain the Point Arena Light Station in accordance with the provisions of the National Historic Preservation Act (16 U.S.C. 470 et seq.) and other applicable laws. (5) Obligation limitation.--The Point Arena Lighthouse Keepers, Inc., or any successors or assigns, shall not have any obligation to maintain any active aid to navigation equipment on property conveyed pursuant to this section. (c) Maintenance Standard.--The Point Arena Lighthouse Keepers, Inc., or any successor or assign, at its own cost and expense, shall maintain, in a proper, substantial, and workmanlike manner, all properties conveyed. (d) Definitions.--For purposes of this section-- (1) the term ``Point Arena Light Station'' means the Coast Guard property and improvements located at Point Arena, California, including the light tower building, fog signal building, 2 small shelters, 4 residential quarters, and a restroom facility; and (2) the term ``Secretary'' means the Secretary of the department in which the Coast Guard is operating. | Mandates conveyance, when determined to be excess to Coast Guard needs, of the Point Arena Light Station, California, to the Point Arena Lighthouse Keepers, Inc. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Equitable Communication Site Fee Act of 1994''. SEC. 2. RADIO AND TELEVISION USE FEE. The Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) is amended-- (1) by redesignating sections 510 and 511 as sections 511 and 512, respectively; and (2) by inserting after section 509, the following new section 510: ``SEC. 510. USE FEES FOR USERS OF COMMUNICATIONS SITES ON PUBLIC LANDS. ``(a) Definitions.--For the purposes of this section-- ``(1) the term `ADI TV households' means the area of dominant influence for television, an exclusive geographic area based on measurable television viewing patterns, as described in section 73.3555(e)(3)(i) of title 47, Code of Federal Regulations, or any succeeding regulation; ``(2) the term `commercial mobile radio communications site' means a multipurpose communications site that is-- ``(A) operated for profit; ``(B) operated by a site owner, manager, or permittee who leases space to a variety of users, including individuals and businesses of all sizes, for the purpose of providing-- ``(i) land mobile radio communications services; ``(ii) paging services; ``(iii) cellular telephone services; ``(iv) private or commercial mobile services; ``(v) radio or television broadcasting services; ``(vi) microwave transmissions; and ``(vii) satellite receiver stations; and other related and compatible users and services; and ``(C) is located on a site managed by either the United States Forest Service or the Bureau of Land Management under the terms of a lease, permit, or right-of-way; ``(3) the term `FM translator station' means a station in the broadcast service operated for the purpose of retransmitting the signals of an FM radio broadcast station or another FM broadcast translator station without significantly altering any characteristic of the incoming signal other than its frequency and amplitude, for the purpose of providing FM broadcast service to the general public; ``(4) the term `holder' means an individual, partnership, corporation, association, or other business entity, and any Federal, State, or governmental entity that has applied for, and received, a site use authorization; ``(5) the term `MSA population' means the metropolitan market survey area for radio in an exclusive geographic area based on measurable listening patterns; ``(6) the term `private radio communication site' means a communications site that-- ``(A) is operated by an entity to provide internal telecommunications capabilities; ``(B) is operated by an individual, industry, or other entity with private telecommunications service requirements; ``(C) provides land mobile, aeronautical, maritime, microwave, or satellite radio services; and ``(D) is located on a site managed by either the National Forest Service or the Bureau of Land Management under the terms of a lease, permit, or right-of-way; ``(7) the term `radio broadcast communications site' means a site on which is located a commercial broadcast station that-- ``(A) is licensed for the dissemination of aural communications intended to be received by the general public; ``(B) is operated on a channel in either-- ``(i) the AM broadcast band of frequencies, which extends from 535 to 1705 kHz; or ``(ii) the FM broadcast band, which extends from 88 to 108 MHz; ``(C) is located on a site managed by either the United States Forest Service or the Bureau of Land Management under the terms of a lease, permit, or right-of-way; and ``(D) does not include the operation of-- ``(i) FM translators; ``(ii) FM boosters; ``(iii) AM synchronous transmitters; or ``(iv) passive repeaters that operate pursuant to part 74 of title 47, Code of Federal Regulations, or succeeding regulation; ``(8) the term `Secretaries' means the Secretary of Agriculture and the Secretary of the Interior; ``(9) the term `site use authorization' means a permit, term permit, lease, easement, or right-of-way that authorizes occupancy, use, rights, or privileges on public land for the transmission or reception of radio, television, telephone, telegraph, and other electronic signals and other means of communication; ``(10) the term `television broadcast communications site' means a site on which is located a commercial broadcast station that-- ``(A) is licensed for the transmission of simultaneous visual and aural signals intended to be received by the general public; ``(B) is operated on a channel in the television broadcast band, which extends from 54 to 806 MHz; ``(C) is located on a site managed by either the United States Forest Service or the Bureau of Land Management under the terms of a lease, permit, or right-of-way; and ``(D) does not include the operation of-- ``(i) low power television stations; ``(ii) UHF or VHF television translator stations; or ``(iii) passive repeaters that operate pursuant to part 74 of title 47, Code of Federal Regulations, or succeeding regulation; and ``(11) the term `television translator station' means a station in the broadcast service operated on a VHF or UHF channel for the purpose of retransmitting the programs and signals of a television broadcast station, without significantly altering any characteristic of the original signal other than its frequency and amplitude, for the purpose of providing television reception to the general public. ``(b) Broadcast Communications Sites.-- ``(1) Establishment of fee.--The Secretary of Agriculture, with respect to National Forest System land administered by the Forest Service, and the Secretary of the Interior, with respect to public lands administered by the Bureau of Land Management, shall establish and collect an annual fee for the use of radio and television communications sites and commercial mobile radio communications sites located on public lands in accordance with the following fee schedules: ``(A) Television and radio broadcast communications sites.-- ``Television Rental Fee Schedule ------------------------------------------------------------------------ ``ADI TV Households (Rank) Rental Fee ------------------------------------------------------------------------ 1-10 $42,000 ------------------------------------------------------------------------ 11-30 21,000 ------------------------------------------------------------------------ 31-70 10,500 ------------------------------------------------------------------------ 71-120 5,250 ------------------------------------------------------------------------ 121-210 2,625 ------------------------------------------------------------------------ Non-ADI 2,500. ------------------------------------------------------------------------ ``Radio Rental Fee Schedule ------------------------------------------------------------------------ ``MSA Population (Rank) Radio Rental Fee ------------------------------------------------------------------------ 1-10 $29,400 ------------------------------------------------------------------------ 11-30 14,700 ------------------------------------------------------------------------ 31-90 7,350 ------------------------------------------------------------------------ 91-160 3,675 ------------------------------------------------------------------------ 161-261 1,838 ------------------------------------------------------------------------ Unrated 1,500. ------------------------------------------------------------------------ ``(B) Commercial mobile radio communications sites.-- ``Nonbroadcast Fee Schedule ------------------------------------------------------------------------ ``Population Served Rental Fee ------------------------------------------------------------------------ 1,000,000+ $12,000 ------------------------------------------------------------------------ 500,000-999,999 5,000 ------------------------------------------------------------------------ 250,000-499,999 3,500 ------------------------------------------------------------------------ 150,000-249,999 2,000 ------------------------------------------------------------------------ 75,000-149,999 1,000 ------------------------------------------------------------------------ 30,000-74,999 500 ------------------------------------------------------------------------ 29,999 and fewer 300. ------------------------------------------------------------------------ ``(2) Annual review.--The fees established under this section shall be reviewed annually by the Forest Service and the Bureau of Land Management. ``(3) Adjustment.-- ``(A) In general.--Subject to subparagraphs (B) and (C), the fee established under this section shall be adjusted annually to reflect changes in the Consumer Price Index published by the Department of Labor. ``(B) Limitations.-- ``(i) The fee charged for a television or radio broadcast communications site for any given year shall not increase less than 3 percent or more than 5 percent of the fee charged to the holder in the preceding year. ``(ii) The fee charged for a commercial mobile radio communications site for any given year shall not increase less than 1 percent or more than 3 percent of the fee charged to the holder in the preceding year. ``(C) Notice.--Not later than 60 days before the effective date of an adjustment under this paragraph, the Secretaries shall transmit to Congress notice of such adjustment. ``(4) Limitation on fee.--During the first year in which the schedule established pursuant to paragraph (1) is in effect, if the amount of the fee charged for a holder pursuant to the schedule is-- ``(A) greater than the amount that the holder paid for the use of the site on January 1, 1993, plus $1,000, the holder shall pay an amount equal to the sum of-- ``(i) the amount the holder paid for the use of the site on January 1, 1993; and ``(ii) $1,000; or ``(B) less than the amount the holder paid for the use of the site on January 1, 1993, the holder shall pay the greater amount until such time as the fee charged under the schedule equals or exceeds the amount charged on January 1, 1993. ``(5) Additional users.--In the case of a television or radio communications site-- ``(A) if a holder is permitted under the terms of the site use authorization to grant access to the site to users other than the holder, the Secretary concerned shall charge an annual fee in an amount equal to 25 percent of the gross income the holder receives from additional users during each year; ``(B) each site use authorization shall require the holder to provide to the Secretary concerned a certified list identifying all additional users of the site and gross revenues received from each additional user; and ``(C) additional users shall not be required to obtain separate authorization to use the site. ``(6) Translator stations.--The Secretary of the Interior, with respect to public lands administered by each of its internal bureaus, including the Bureau of Land Management, shall establish and collect an annual fee for the use of television translator stations and FM translator stations located on public lands, in accordance with the regulations governing the collection of such fees on National Forest System land administered by the National Forest Service of the Department of Agriculture. ``(7) Regulations.--The Secretaries shall promulgate and implement appropriate regulations to carry out this section. The regulations shall implement consistent policies and procedures between the Department of Agriculture and the Department of the Interior. ``(8) Advisory groups.-- ``(A) Establishment.--Not later than 10 years after the date of enactment of this section, the Secretaries shall establish a broad-based advisory group for each of-- ``(i) the television and radio broadcast industries; and ``(ii) the commercial mobile radio industry. ``(B) Members.--The members of each advisory group shall include representatives from the relevant communications industries. ``(C) Duties.--The advisory groups shall review the fee schedule and other criteria for determining fair market value for the use of communications sites on public land. ``(D) Report.--Not later than 1 year after the date on which the advisory groups are established under this paragraph, the advisory groups shall report their findings to Congress. ``(c) Advisory Committee for Private Radio Communications Site Users.-- ``(1) Establishment.--The Chief Forester of the National Forest Service and the Director of the Bureau of Land Management shall jointly establish a broad-based advisory committee. The advisory committee shall be comprised of an equal number of representatives from-- ``(A) private radio communications site users from public and private communications sites; ``(B) the National Forest Service; and ``(C) the Bureau of Land Management. ``(2) Duties.--The advisory committee shall-- ``(A) review recommendations for acceptable criteria for determining fair market values and next best alternative uses; ``(B) review existing methodology for determining fair market value and next best alternative uses; ``(C) assess the validity of the methodology, taking into account all reasonable alternatives; and ``(D) evaluate and recommend appropriate fee waivers or discounts for public services by communications site users who provide for the public convenience, interest, and necessity, as required for licensing under the Communications Act of 1934. ``(3) Report.--Not later than 8 months after the date of enactment of the Equitable Communication Site Fee Act of 1994, the advisory committee shall report its finding to the Committees on Appropriations of the Senate and the House of Representatives.''. | Equitable Communication Site Fee Act of 1994 - Amends the Federal Land Policy and Management Act of 1976 to direct the Secretaries of Agriculture and the Interior to establish and collect annual fees for the use of radio, television, and commercial mobile radio communications sites located on public lands. Sets forth fee schedules, with required annual fee review by the National Forest Service (Service) and the Bureau of Land Management (Bureau), and provides for annual fee adjustments, with limitations. Requires additional fees for additional site users. Directs the Secretary of the Interior to establish and collect an annual fee for the use of television translator stations and FM translator stations located on public lands. Directs the: (1) Secretaries to establish an advisory group for each of the television, radio, and commercial mobile radio industries to determine the fair market value for the use of communications sites on public lands; and (2) Chief Forester of the Service and the Bureau Director to jointly establish an advisory committee to determine fair market values and next best alternative uses for private radio communications site users from public and private communications sites. Requires reports from each of the advisory committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``DOD Cloud Security Act''. SEC. 2. ASSESSMENT OF DEPARTMENT OF DEFENSE CLOUD SECURITY REQUIREMENTS. (a) Comptroller General Responsibilities.--The Comptroller General of the United States shall-- (1) review and summarize the best practices relating to cloud security by reviewing the practices of other Federal departments and agencies and commercial cloud providers; (2) assess the cloud capacity of the Department of Defense and such other departments and agencies by assessing how and to what extent the Department has adopted commercial cloud; and (3) assess the opportunities for the Department to utilize cloud computing in lieu of or in addition to conventional computing. (b) Chief Information Officer Responsibilities.--The Chief Information Officer of the Department of Defense shall-- (1) determine the security requirements that are necessary for any cloud service to store Department of Defense information, including-- (A) by individually detailing security requirements for each Department of Defense impact level and security classification level; and (B) by providing a justification to the Committees on Armed Services of the Senate and House of Representatives for any discrepancy between security requirements for different provider types; (2) conduct a threat-based assessment of whether security controls resident in commercial cloud services and the cloud services of other Federal departments and agencies meet the security requirements determined under paragraph (2), including-- (A) by determining what services can and cannot be provided by commercial cloud vendors, based on such security requirements; (B) by providing justification for why such determinations were made by citing, as appropriate, industry responses to requests for information and capability statement that confirm the conclusions of the Department of Defense; and (C) by requesting that commercial vendors submit their plans for how they can adapt their systems to the unique and dynamic cyber defense requirements of the Department of Defense; (3) require any government-owned, operated, or unique system that is or will be designed to provide cloud capabilities for the Department of Defense to be certified and accredited through the same process, and to the same standards, that is used to certify and accredit commercial service providers; and (4) ensure that, as part of any Department of Defense pilot demonstrations with commercial cloud vendors-- (A) an analysis is conducted of-- (i) requiring the Defense Information Systems Agency to work with commercial service providers to extend the Department of Defense Information Network to commercial service providers that are issued provisional authority to operate for Department of Defense impact levels 1 and 2 in order to leverage the commercial service providers for secure connections to the Department of Defense Information Network; (ii) the benefits and challenges relating to how the secure connections would be enabled and delivered as a service by the DISA cloud broker to the commercial service providers who have achieved provisional authority to operate for Department of Defense impact levels 1 and 2; (iii) requiring the Defense Information Systems Agency to address the ability of commercial service providers to provide service for Department of Defense impact levels 3 through 5 using logical separation; (iv) the ability of commercial service providers to provide innovative solutions to the separation of customer data and supporting resources that do not rely on physical separation; (v) the benefits and challenges regarding the consideration of such solutions for equivalence to physical separation; and (vi) the benefits and challenges of hybrid solutions for providing cloud services; and (B) the Chief Information Officer provides to the Committees on Armed Services of the Senate and House of Representatives a briefing on the matters referred to in subparagraph (A) by not later than 30 days after the conclusion of such pilot demonstration. | DOD Cloud Security Act - Directs the Comptroller General to: (1) review and summarize the best practices relating to cloud security by reviewing the practices of other federal agencies and commercial cloud providers, (2) assess the cloud capacity of the Department of Defense (DOD) and other departments by assessing how and to what extent DOD has adopted commercial cloud practices, and (3) assess the opportunities for DOD to utilize cloud computing in lieu of or in addition to conventional computing. Requires the Chief Information Officer of DOD to: (1) determine the security requirements that are necessary for any cloud service to store DOD information; (2) conduct a threat-based assessment of whether security controls resident in commercial cloud services and the cloud services of other federal agencies meet DOD's security requirements; (3) require any government-owned, operated, or unique system that is or will be designed to provide cloud capabilities for DOD to be certified and accredited through the same process used for commercial service providers; (4) ensure that, as part of any DOD pilot demonstrations with commercial cloud vendors, an analysis is conducted of the Defense Information Systems Agency working with commercial service providers operating for DOD; and (5) ensure that a briefing is provided to specified congressional committees within 30 days after the conclusion of such pilot demonstrations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Native American Alcohol and Substance Abuse Program Consolidation Act of 2002''. SEC. 2. STATEMENT OF PURPOSE. The purposes of this Act are-- (1) to enable Indian tribes to consolidate and integrate alcohol and other substance abuse prevention, diagnosis, and treatment programs, and mental health and related programs, to provide unified and more effective and efficient services to Indians afflicted with alcohol and other substance abuse problems; (2) to recognize that Indian tribes can best determine the goals and methods for establishing and implementing prevention, diagnosis, and treatment programs for their communities, consistent with the policy of self-determination; (3) to encourage and facilitate the implementation of an automated clinical information system to complement the Indian health care delivery system; (4) to authorize the use of Federal funds to purchase, lease, license, or provide training for, technology for an automated clinical information system that incorporates clinical, as well as financial and reporting, capabilities for Indian behavioral health care programs; (5) to encourage quality assurance policies and procedures, and empower Indian tribes through training and use of technology, to significantly enhance the delivery of, and treatment results from, Indian behavioral health care programs; (6) to assist Indian tribes in maximizing use of public, tribal, human, and financial resources in developing effective, understandable, and meaningful practices under Indian behavioral health care programs; and (7) to encourage and facilitate timely and effective analysis and evaluation of Indian behavioral health care programs. SEC. 3. DEFINITIONS. (a) In General.--In this Act: (1) Automated clinical information system.--The term ``automated clinical information system'' means an automated computer software system that can be used to manage clinical, financial, and reporting information for Indian behavioral health care programs. (2) Federal agency.--The term ``Federal agency'' has the meaning given the term ``agency'' in section 551 of title 5, United States Code. (3) Indian.--The term ``Indian'' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). (4) Indian behavioral health care program.--The term ``Indian behavioral health care program'' means a federally funded program, for the benefit of Indians, to prevent, diagnose, or treat, or enhance the ability to prevent, diagnose, or treat-- (A) mental health problems; or (B) alcohol or other substance abuse problems. (5) Indian tribe.--The terms ``Indian tribe'' and ``tribe'' have the meaning given the term ``Indian tribe'' in section 4 of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450b) and include entities as provided for in subsection (b)(2). (6) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (7) Substance abuse.--The term ``substance abuse'' includes-- (A) the illegal use or abuse of a drug or an inhalant; and (B) the abuse of tobacco or a related product. (b) Indian Tribe.-- (1) In general.--In any case in which an Indian tribe has authorized another Indian tribe, an intertribal consortium, a tribal organization, or an Indian health center to plan for or carry out programs, services, functions, or activities (or portions thereof) on its behalf under this Act, the authorized Indian tribe, intertribal consortium, tribal organization, or Indian health center shall have the rights and responsibilities of the authorizing Indian tribe (except as otherwise provided in the authorizing resolution or in this Act). (2) Inclusion of other entities.--In a case described in paragraph (1), the term ``Indian tribe'', as defined in subsection (a)(3), shall include the additional authorized Indian tribe, intertribal consortium, tribal organization, or Indian health center. SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. (a) In General.--The Secretary, in cooperation with the Secretary of Labor, the Secretary of the Interior, the Secretary of Education, the Secretary of Housing and Urban Development, the Attorney General, and the Secretary of Transportation, as appropriate, shall, upon receipt of a plan acceptable to the Secretary that is submitted by an Indian tribe, authorize the tribe to carry out a demonstration project to coordinate, in accordance with the plan, the Indian behavioral health care programs of the tribe in a manner that integrates the program services involved into a single, coordinated, comprehensive program that uses, to the extent necessary, an automated clinical information system to better manage administrative and clinical services, costs, and reporting requirements through the consolidation and integration of administrative and clinical functions. (b) Use of Funds for Technology.--Notwithstanding any requirement applicable to an Indian behavioral health care program of an Indian tribe that is integrated under a demonstration project carried out under subsection (a), the Indian tribe may use funds made available under the program to purchase, lease, license, or provide training for, technology for an automated clinical information system. SEC. 5. PROGRAMS AFFECTED. The programs that may be integrated in a demonstration project under a plan submitted under section 4 are-- (1) any Indian behavioral health care program under which an Indian tribe is eligible for the receipt of funds under a statutory or administrative formula; (2) any Indian behavioral health care program under which an Indian tribe is eligible for receipt of funds through competitive or other grants, if-- (A)(i) the Indian tribe has provided notice to the appropriate agency regarding the intentions of the tribe to include the Indian behavioral health care program in the plan that the tribe submits to the Secretary; and (ii) the affected agency has consented to the inclusion of the grant in the plan; or (B)(i) the Indian tribe has elected to include the Indian behavioral health care program in its plan; and (ii) the administrative requirements contained in the plan are essentially the same as the administrative requirements applicable to a grant under the Indian behavioral health care program; and (3) any Indian behavioral health care program under which an Indian tribe is eligible for receipt of funds under any other funding scheme. SEC. 6. PLAN REQUIREMENTS. A plan of an Indian tribe submitted under section 4 shall-- (1) identify the programs to be integrated; (2) be consistent with the purposes of this Act authorizing the services to be integrated into the demonstration project; (3) describe a comprehensive strategy that-- (A) identifies the full range of existing and potential alcohol and substance abuse and mental health treatment and prevention programs available on and near the tribe's service area; and (B) may include site and technology assessments and any necessary computer hardware installation and support; (4) describe the manner in which services are to be integrated and delivered and the results expected under the plan, including, if implemented, the manner and expected results of implementation of an automated clinical information system; (5) identify the projected expenditures under the plan in a single budget; (6) identify the agency or agencies in the tribe to be involved in the delivery of the services integrated under the plan; (7) identify any statutory provisions, regulations, policies, or procedures that the tribe believes need to be waived in order to implement its plan; and (8) be approved by the governing body of the tribe. SEC. 7. PLAN REVIEW. (a) Consultation.--Upon receipt of a plan from an Indian tribe under section 4, the Secretary shall consult with-- (1) the head of each Federal agency providing funds to be used to implement the plan; and (2) the tribe submitting the plan. (b) Identification of Waivers.--The parties consulting on the implementation of the plan under subsection (a) shall identify any waivers of statutory requirements or of Federal agency regulations, policies, or procedures necessary to enable the tribal government to implement its plan. (c) Waivers.--Notwithstanding any other provision of law, the head of the affected Federal agency shall have the authority to waive any statutory requirement, regulation, policy, or procedure promulgated by the Federal agency that has been identified by the tribe or the Federal agency under subsection (b) unless the head of the affected Federal agency determines that such a waiver is inconsistent with-- (1) the purposes of this Act; or (2) any statutory requirement applicable to the program to be integrated under the plan that is specifically applicable to Indian programs. SEC. 8. PLAN APPROVAL. (a) In General.--Not later than 90 days after the receipt by the Secretary of a tribe's plan under section 4, the Secretary shall inform the tribe, in writing, of the Secretary's approval or disapproval of the plan, including any request for a waiver that is made as part of the plan. (b) Disapproval.--If a plan is disapproved under subsection (a), the Secretary shall inform the tribal government, in writing, of the reasons for the disapproval and shall give the tribe an opportunity to amend its plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by the Indian tribe. SEC. 9. FEDERAL RESPONSIBILITIES. (a) Responsibilities of the Indian Health Service.-- (1) Memorandum of understanding.--Not later than 180 days after the date of enactment of this Act, the Secretary, the Secretary of the Interior, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Attorney General, and the Secretary of Transportation shall enter into an interdepartmental memorandum of agreement providing for the implementation of the plans authorized under this Act. (2) Lead agency.--The lead agency under this Act shall be the Indian Health Service. (3) Responsibilities.--The responsibilities of the lead agency under this Act shall include-- (A) the development of a single reporting format related to each plan for a demonstration project, which shall be used by a tribe to report on the activities carried out under the plan; (B) the development of a single reporting format related to the projected expenditures for the individual plan, which shall be used by a tribe to report on all plan expenditures; (C) the development of a single system of Federal oversight for the plan, which shall be implemented by the lead agency; (D) the provision of, or arrangement for provision of, technical assistance to a tribe appropriate to support and implement the plan, delivered under an arrangement subject to the approval of the tribe participating in the project, except that a tribe shall have the authority to accept or reject the plan for providing the technical assistance and the technical assistance provider; and (E) the convening by an appropriate official of the lead agency (whose appointment is subject to the confirmation of the Senate) and a representative of the Indian tribes that carry out projects under this Act, in consultation with each of the Indian tribes that participate in projects under this Act, of a meeting not less than twice during each fiscal year for the purpose of providing an opportunity for all Indian tribes that carry out projects under this Act to discuss issues relating to the implementation of this Act with officials of each agency specified in paragraph (1). (b) Report Requirements.--The single reporting format shall be developed by the Secretary under subsection (a)(3), consistent with the requirements of this Act. Such reporting format, together with records maintained on the consolidated program at the tribal level shall contain such information as will-- (1) allow a determination that the tribe has complied with the requirements incorporated in its approved plan; and (2) provide assurances to the Secretary that the tribe has complied with all directly applicable statutory requirements and with those directly applicable regulatory requirements that have not been waived. SEC. 10. NO REDUCTION IN AMOUNTS. In no case shall the amount of Federal funds available to a participating tribe involved in any project be reduced as a result of the enactment of this Act. SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED. The Secretary, the Secretary of the Interior, the Secretary of Labor, the Secretary of Education, the Secretary of Housing and Urban Development, the Attorney General, or the Secretary of Transportation, as appropriate, is authorized to take such action as may be necessary to provide for the interagency transfer of funds otherwise available to a tribe in order to further the purposes of this Act. SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE. (a) Administration of Funds.-- (1) In general.--Program funds shall be administered under this Act in such a manner as to allow for a determination that funds from specific programs (or an amount equal to the amount used from each program) are expended on activities authorized under such program. (2) Separate records not required.--Nothing in this section shall be construed as requiring a tribe to maintain separate records tracing any services or activities conducted under its approved plan under section 4 to the individual programs under which funds were authorized, nor shall the tribe be required to allocate expenditures among individual programs. (b) Overage.--All administrative costs under a plan under this Act may be commingled, and participating Indian tribes shall be entitled to the full amount of such costs (under each program or department's regulations), and no overage shall be counted for Federal audit purposes so long as the overage is used for the purposes provided for under this Act. SEC. 13. FISCAL ACCOUNTABILITY. Nothing in this Act shall be construed to interfere with the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to chapter 75 of title 31, United States Code. SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO INTEGRATION. (a) Preliminary Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the implementation of the program authorized under this Act. (b) Final Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Indian Affairs of the Senate and the Committee on Resources of the House of Representatives on the results of the implementation of the program authorized under this Act. The report shall identify statutory barriers to the ability of tribes to integrate more effectively their alcohol and substance abuse services in a manner consistent with the purposes of this Act. SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ALCOHOL AND DRUG TREATMENT OR MENTAL HEALTH PROGRAMS. Any State with an alcohol and substance abuse or mental health program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of subchapter IV of chapter 33 of title 5, United States Code, may determine appropriate to help ensure the success of such program. Passed the Senate September 17, 2002. Attest: JERI THOMSON, Secretary. | Native American Alcohol and Substance Abuse Program Consolidation Act of 2002 - Directs the Secretary of Health and Human Services (HHS) to authorize a tribe with an approved plan to carry out a demonstration project to coordinate its federally funded Indian behavioral health care program, covering alcohol and substance abuse and mental health problems.Requires a project to integrate program services into a single, comprehensive program using an automated clinical information system. Permits funds to be used for the information system.Requires the Secretary to cooperate with the Secretaries of Labor, the Interior, Education, Housing and Urban Development, and Transportation, and the Attorney General who shall enter into an interdepartmental memorandum of agreement for the implementation of approved plans.Makes the Indian Health Service the lead agency (rather than the Bureau of Indian Affairs).Stipulates that funding under this Act is in addition to existing tribal funding. Provides for interagency fund transfers.Requires the Secretary of HHS to report to the appropriate congressional committees on the program and any statutory barriers to services integration.Makes any State with an alcohol and substance abuse or mental health program targeted to Indian tribes eligible to receive no-cost Federal personnel assignments if it would help the program's success. |
That section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended to read as follows: ``(j) Countries Supporting International Terrorism.-- ``(1) Prohibition on exports.--(A) No export or reexport described in subparagraph (B) may be made to any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism. ``(B) The exports and reexports referred to in subparagraph (A) are-- ``(i) of any goods or technology the export of which is controlled under this Act pursuant to the Wassenaar Arrangement, the Missile Technology Control Regime, or the Australia Group, or controlled under this Act pursuant to section 309(c) of the Nuclear Non- Proliferation Act of 1978, ``(ii) of any other goods or technology the export of which is controlled under this Act pursuant to multilateral export control regimes in which the United States participates, and ``(iii) of any goods or technology which could make a significant contribution to the military potential of a country described in subparagraph (A), including its military logistics capability, or could enhance the ability of such country to support acts of international terrorism, other than food, medicine, or medical supplies that the President determines will be used only for humanitarian purposes. An individual validated license shall be required for the export under this paragraph of any such food, medicine, or medical supplies. ``(C) Subsections (a)(3) and (b) shall not apply to exports prohibited or restricted under this subsection. ``(D)(i) The Secretary shall maintain a list of goods and technology described in subparagraph (B)(iii). The Secretary shall review the list of items on that list at least annually. At the conclusion of the review, the Secretary shall determine whether to remove items from the list, change the specifications of items on the list, or add items to the list, in order to ensure that the items on the list meet the requirements of subparagraph (B)(iii). ``(ii) The procedures set forth in section 5(c)(3) shall apply to reviews under clause (i) of the list of items described in subparagraph (B)(iii) to the same extent as such section applies to reviews of the control list under section 5. ``(2) Notification of congress of licenses issued.--The Secretary and the Secretary of State shall notify the Speaker of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate at least 30 days before issuing any license under this Act for exports to a country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism. ``(3) Publication of determinations.--Each determination of the Secretary of State under paragraph (1)(A) shall be published in the Federal Register. ``(4) Rescission of determinations.--A determination made by the Secretary of State under paragraph (1)(A) may not be rescinded unless the President submits to the Speaker of the House of Representatives and the chairman of the Committee on Banking, Housing, and Urban Affairs and the chairman of the Committee on Foreign Relations of the Senate-- ``(A) before the proposed rescission would take effect, a report certifying that-- ``(i) there has been a fundamental change in the leadership and policies of the government of the country concerned; ``(ii) that government is not supporting acts of international terrorism; and ``(iii) that government has provided assurances that it will not support acts of international terrorism in the future; or ``(B) at least 45 days before the proposed rescission would take effect, a report justifying the rescission and certifying that-- ``(i) the government concerned has not provided any support for international terrorism during the preceding 6-month period; and ``(ii) the government concerned has provided assurances that it will not support acts of international terrorism in the future. ``(5) Waiver of prohibitions.--The President may waive the prohibitions contained in paragraph (1)(A) with respect to a specific transaction if-- ``(A) the President determines that the transaction is essential to the national security interests of the United States; and ``(B) not less than 30 days prior to the proposed transaction, the President-- ``(i) consults with the Committee on International Relations of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate regarding the proposed transaction; and ``(ii) submits to the Speaker of the House of Representatives and the chairman of the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing-- ``(I) the name of any country involved in the proposed transaction, the identity of any recipient of the items to be provided pursuant to the proposed transaction, and the anticipated use of those items; ``(II) a description of the items involved in the proposed transaction (including their market value) and the actual sale price at each step in the transaction; ``(III) the reasons why the proposed transaction is essential to the national security interests of the United States and the justification for the proposed transaction; ``(IV) the date on which the proposed transaction is expected to occur; and ``(V) the name of every United States Government department, agency, or other entity involved in the proposed transaction, and every foreign government involved in the proposed transaction. To the extent possible, the information specified in clause (ii) of subparagraph (B) shall be provided in unclassified form. ``(6) Multilateral regimes.--The Secretary of State, in consultation with appropriate departments and agencies, shall have a continuing duty to seek support by other countries and by effective multilateral control regimes of controls imposed by this subsection. ``(7) Effect on other laws.--The provisions of this subsection do not affect any other provision of law to the extent such other provision imposes greater restrictions on exports to any country the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism than are imposed under this subsection.''. | Amends the Export Administration Act of 1979 to prohibit the export or reexport of certain controlled goods or technology (other than food, medicine, or medical supplies) to countries whose governments have repeatedly supported acts of international terrorism. Specifies goods or technology controlled under the Wassenaar Arrangement, the Missile Technology Control Regime, the Australia Group, the Nuclear Non-Proliferation Act of 1978, multilateral export control regimes in which the United States participates, as well as any goods or technology which could make a significant contribution to the military potential of a country. Authorizes the President to waive such prohibition if: (1) the export transaction is essential to the national interests of the United States; and (2) the President consults with the Congress according to a certain procedure. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness to All Fallen Vietnam War Service Members Act of 2002''. SEC. 2. FINDINGS. Congress finds as follows: (1) Public Law 96-297 (94 Stat. 827) authorized the Vietnam Veterans Memorial Fund, Inc., (the ``Memorial Fund'') to construct a memorial ``in honor and recognition of the men and women of the Armed Forces of the United States who served in the Vietnam war''. (2) The Memorial Fund determined that the most fitting tribute to those who served in the Vietnam war would be to permanently inscribe the names of the members of the Armed Forces who died during the Vietnam war, or who remained missing at the conclusion of the war, on a memorial wall. (3) The Memorial Fund relied on the Department of Defense to compile the list of individuals whose names would be inscribed on the memorial wall and the criteria for inclusion on such list. (4) The Memorial Fund established procedures under which mistakes and omissions in the inscription of names on the memorial wall could be corrected. (5) Under such procedures, the Department of Defense established eligibility requirements that must be met before the Memorial Fund will make arrangements for the name of a veteran to be inscribed on the memorial wall. (6) The Department of Defense determines the eligibility requirements and has periodically modified such requirements. (7) As of February 1981, in order for the name of a veteran to be eligible for inscription on the memorial wall, the veteran must have-- (A) died in Vietnam between November 1, 1955, and December 31, 1960; (B) died in a specified geographic combat zone on or after January 1, 1961; (C) died as a result of physical wounds sustained in such combat zone; or (D) died while participating in, or providing direct support to, a combat mission immediately en route to or returning from such combat zone. (8) Public Law 106-214 (114 Stat. 335) authorizes the American Battle Monuments Commission to provide for the placement of a plaque within the Vietnam Veterans Memorial ``to honor those Vietnam veterans who died after their service in the Vietnam war, but as a direct result of that service, and whose names are not otherwise eligible for placement on the memorial wall''. (9) The names of a number of veterans who died during the Vietnam war are not eligible for inscription on the memorial wall or the plaque. (10) Examples of such names include the names of the 74 servicemembers who died aboard the USS Frank E. Evans (DD-174) on June 3, 1969, while the ship was briefly outside the combat zone participating in a training exercise. SEC. 3. STUDY AND REPORT. (a) Study.--The Secretary of Defense shall conduct a study that-- (1) identifies the veterans (as defined in section 101(2) of title 38, United States Code) who died on or after November 1, 1955, as a direct or indirect result of military operations in southeast Asia and whose names are not eligible for inscription on the memorial wall of the Vietnam Veterans Memorial; (2) evaluates the feasibility and equitability of revising the eligibility requirements applicable to the inscription of names on the memorial wall to be more inclusive of such veterans; and (3) evaluates the feasibility and equitability of creating an appropriate alternative means of recognition for such veterans. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report based on the study conducted under subsection (a). Such report shall include-- (1) the reasons (organized by category) that the names of the veterans identified under subsection (a)(1) are not eligible for inscription on the memorial wall under current eligibility requirements, and the number of veterans affected in each category; (2) a list of the alternative eligibility requirements considered under subsection (a)(2); (3) a list of the alternative means of recognition considered under subsection (a)(3); and (4) the conclusions and recommendations of the Secretary of Defense with regard to the feasibility and equitability of each alternative considered. (c) Consultations.--In conducting the study under subsection (a) and preparing the report under subsection (b), the Secretary of Defense shall consult with-- (1) the Secretary of Veterans Affairs; (2) the Secretary of the Interior; (3) the Vietnam Veterans Memorial Fund, Inc.; (4) the American Battle Monuments Commission; (5) the Vietnam Women's Memorial, Inc.; and (6) the National Capital Planning Commission. | Fairness to All Fallen Vietnam War Service Members Act of 2002 - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them. |
SECTION 1. EXCLUSION FROM UNRELATED BUSINESS TAXABLE INCOME FOR CERTAIN SPONSORSHIP PAYMENTS. (a) In General.--Section 513 of the Internal Revenue Code of 1986 (relating to unrelated business taxable income) is amended by adding at the end thereof the following new subsection: ``(i) Treatment of Certain Sponsorship Payments.-- ``(1) In general.--The term `unrelated trade or business' does not include the activity of soliciting and receiving qualified sponsorship payments with respect to any qualified public event. ``(2) Qualified sponsorship payments.--For purposes of this subsection, the term `qualified sponsorship payment' means any payment by any person engaged in a trade or business with respect to which there is no arrangement or expectation that such person will receive any substantial return benefit other than-- ``(A) the use of the name or logo of such person's trade or business in connection with any qualified public event under arrangements (including advertising) in connection with such event which acknowledge such person's sponsorship or promote such person's products or services, or ``(B) the furnishing of facilities, services, or other privileges in connection with such event to individuals designated by such person. ``(3) Qualified public event.-- ``(A) In general.--For purposes of this subsection, the term `qualified public event' means any event conducted by an organization described in paragraph (3), (4), (5), or (6) of section 501(c) or by an organization described in section 511(a)(2)(B) if such event is-- ``(i) a public event the conduct of which is substantially related (aside from the need of the organization for income or funds or the use it makes of the profits derived) to the exempt purposes of the organization conducting such event, or ``(ii) any public event not described in clause (i) but only if such event is the only event of that type conducted by such organization during a calendar year and such event does not exceed 30 consecutive days. An event shall be treated as a qualified public event with respect to all organizations referred to in the preceding sentence which receive sponsorship payments with respect to such event if such event is a qualified public event with respect to 1 of such organizations; except that a payment shall be treated as not being from an unrelated trade or business by reason of this sentence only to the extent that such payment is used to meet the expenses of such event or for the benefit of the organization with respect to which such event is a qualified public event (determined without regard to this sentence). ``(B) Exempt purpose.--For purposes of subparagraph (A), the term `exempt purpose' means any purpose or function constituting the basis for the organization's exemption under section 501 (or, in the case of an organization described in section 511(a)(2)(B), the exercise or performance of any purpose or function described in section 501(c)(3)). ``(4) Regulations.--The Secretary shall prescribe such regulations as may be necessary to prevent the avoidance of the purposes of this subsection through the use of entities under common control.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to events conducted after December 31, 1992. SEC. 2. TREATMENT OF CERTAIN AMOUNTS RECEIVED BY OLYMPIC ORGANIZATIONS. In the case of a qualified amateur sports organization described in section 501(j)(2) of the Internal Revenue Code of 1986 or an organization which would be so described but for the cultural events it organizes in connection with national or international amateur sports competitions-- (1) for purposes of section 512(b) of such Code, the term ``royalty'' includes any income received (directly or indirectly) by such organization if a substantial part of the consideration for such income is the right to use trademarks, designations, or similar properties indicating a connection with the Olympic Games to be conducted in 1996 or related events or the participation of the United States Olympic Team at such Games or events, and (2) nothing in section 514 or 512(b) of such Code shall be construed as treating any amount treated as royalty under paragraph (1) as an item of income from an unrelated trade or business. | Amends the Internal Revenue Code to declare that unrelated trade or business does not include the activity of soliciting and receiving qualified sponsorship payments (payments received by tax-exempt organizations from corporations and other sponsors in connection with certain athletic and other public events) for purposes of the tax on unrelated business income of charitable, etc., organizations. Excludes royalties received by certain tax-exempt olympic organizations for the 1996 Olympics as income from an unrelated trade or business. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Investor Protection Act of 2002''. SEC. 2. LIABILITY STANDARDS IN PRIVATE SECURITIES LITIGATION. (a) In General.--Section 21D(f) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4(f)) is amended to read as follows: ``(f) Civil Liability.-- ``(1) Joint and several liability for damages.--Any covered person against whom a final judgment is entered in a private action arising under this title shall be liable for damages jointly and severally. ``(2) Settlement discharge.-- ``(A) In general.--A covered person who settles any private action arising under this title at any time before final verdict or judgment shall be discharged from all claims for contribution brought by other persons. ``(B) Bar order.--Upon entry of a settlement described in subparagraph (A) by the court, the court shall enter a bar order constituting the final discharge of all obligations to the plaintiff of the settling covered person arising out of the action, which order shall bar all future claims for contribution arising out of the action-- ``(i) by any person against the settling covered person; and ``(ii) by the settling covered person against any person, other than a person whose liability has been extinguished by the settlement of the settling covered person. ``(C) Reduction.--If a covered person enters into a settlement with the plaintiff prior to final verdict or judgment, the verdict or judgment shall be reduced by the greater of-- ``(i) an amount that corresponds to the percentage of responsibility of that covered person; or ``(ii) the amount paid to the plaintiff by that covered person. ``(3) Contribution.-- ``(A) In general.--A covered person who is jointly and severally liable for damages in any private action arising under this title may recover contribution from any other person who, if joined in the original action, would have been liable for the same damages. A claim for contribution shall be determined based on the percentage of responsibility of the claimant and of each person against whom a claim for contribution is made, as determined by the court. ``(B) Statute of limitations for contribution.--In any private action arising out of this title determining liability, an action for contribution shall be brought not later than 6 months after the date of entry of a final, nonappealable judgment in the action. ``(4) Applicability.--Nothing in this subsection shall be construed to create, affect, or in any manner modify, the standard for liability associated with any action arising under the securities laws. ``(5) Definitions.--For purposes of this subsection-- ``(A) the term `covered person' means-- ``(i) a defendant in any private action arising under this title; or ``(ii) a defendant in any private action arising under section 11 of the Securities Act of 1933, who is an outside director of the issuer of the securities that are the subject of the action; and ``(B) the term `outside director' shall have the meaning given such term by rule or regulation of the Commission.''. (b) Conforming Amendment to the Securities Act of 1933.--Section 11(f)(2)(A) of the Securities Act of 1933 (15 U.S.C. 77k(f)(2)(A)) is amended by striking ``in accordance'' and all that follows through the period and inserting ``in accordance with section 21D(f) of the Securities Exchange Act of 1934.''. (c) Applicability.--The amendments made by this section shall not affect or apply to any private action arising under the securities laws commenced before and pending on the date of enactment of this Act. SEC. 3. PERSONS WHO AID AND ABET VIOLATIONS. (a) Commission Authority.--Section 20(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78t(e)) is amended by striking ``knowingly'' and inserting ``recklessly''. (b) Private Litigation.--Section 21D of the Securities Exchange Act of 1934 (15 U.S.C. 78u-4) is amended by adding at the end the following: ``(g) Persons That Aid or Abet Violations.--Any person that recklessly provides substantial assistance to another person in violation of a provision of this title, or of any rule or regulation issued under this title, shall be deemed to be in violation of such provision to the same extent as the person to whom such assistance is provided.''. SEC. 4. STATUTE OF LIMITATIONS. Title I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following new section: ``SEC. 37. STATUTE OF LIMITATIONS. ``(a) In General.--Except as otherwise specifically provided in this title, and notwithstanding section 9(e), an implied private right of action arising under this title may be brought not later than the earlier of-- ``(1) 5 years after the date on which the alleged violation occurred; or ``(2) 3 years after the date on which the alleged violation was discovered. ``(b) Effective Date.--The limitations period provided by this section shall apply to all proceedings commenced after the date of enactment of the Investor Protection Act of 2002.''. SEC. 5. REPEAL OF CERTAIN CLASS ACTION LIMITATIONS. (a) Securities Exchange Act of 1934.--Section 28 of the Securities Exchange Act of 1934 (15 U.S.C. 78bb) is amended-- (1) in subsection (a), by striking ``Except as provided in subsection (f), the'' and inserting ``The''; and (2) by striking subsection (f). (b) Securities Act of 1933.--Section 16 of the Securities Act of 1933 (15 U.S.C. 77p) is amended to read as follows: ``SEC. 16. REMEDIES ADDITIONAL. ``The rights and remedies provided by this title shall be in addition to any and all other rights and remedies that may exist at law or in equity.''. | Investor Protection Act of 2002 - Amends the Securities Exchange Act of 1934 regarding liability standards in private securities litigation to repeal: (1) the scienter requirement limiting joint and several liability for damages to covered persons who knowingly committed a violation of the securities laws; and (2) the allowance of proportionate liability, under which a covered person is liable solely for the portion of a judgment that corresponds to the person's percentage of responsibility for a securities violation. (Thus makes any covered person against whom a final judgment is entered in private securities litigation liable for one hundred percent of damages jointly and severally, even if the securities violation was not committed knowingly.)Deems any person that recklessly provides substantial assistance to (aids or abets) another person in violation of Federal securities laws to be in violation of such laws to the same extent as the person to whom such assistance is provided.Establishes a statute of limitations for an implied private right of action of: (1) five years after an alleged violation occurred; or (2) three years after it was discovered.Repeals the prohibition against all but specified types of private class actions alleging either misrepresentation or omission of a material fact or manipulative or deceptive practices in connection with securities sales or purchases (thus permitting private class actions without limitation). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Department of Veterans Affairs Claims Backlog Reduction Act of 2007''. SEC. 2. FINDINGS. Congress finds the following: (1) There are more than 500,000 veterans who have claims pending with the Department of Veterans Affairs for benefits, and approximately 100,000 of such claims are over one year old without resolution. (2) 37 States have established, over time, a nationwide system of County Veterans Service Officers, which now includes more than 2,400 full-time employees and numerous part-time employees, to assist veterans to file claims with the Veterans Administration, as well as to provide information on the various State benefits available to veterans. (3) The County Veterans Service Officers are an arm of local government and therefore, the Department of Veterans Affairs, the various State Veterans Agencies or Departments, and County Veterans Service Officers should cooperate more closely, as governmental agencies, and share information so that all such agencies can better assist the Nation's veterans. (4) The majority of County Veterans Service Officers are accredited by the Department of Veterans Affairs, or by the appropriate State Department of Veterans Affairs, or both, in addition to being accredited by various veterans' service organizations. (5) These County Veterans Service Officers represent a highly trained and dedicated work force that stands ready to assist the Department of Veterans Affairs. SEC. 3. DEFINITIONS. In this Act: (1) The term ``claimant'' means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term ``County Veterans Service Officer'' means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or county veterans benefit program. (3) The term ``injury or illness claim'' means a claim for benefits that is documented as being service-connected. (4) The term ``presumptive claim'' means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term ``statutory claims'' means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term ``specific claims'' includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ``ready to be rated'' means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term ``State'' has the meaning given that term in section 101(20) of title 38, United States Code. SEC. 4. PILOT PROGRAM TO REDUCE BACKLOG OF VETERANS' CLAIMS. (a) Pilot Program.--The Secretary of Veterans Affairs shall conduct a pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs. (b) Scope of Pilot Program.-- (1) Location of program.--The Secretary shall conduct the pilot program with the County Veterans Services Officers located in the following States: (A) The State of California. (B) The State of Florida. (C) The State of Ohio. (D) The State of South Carolina. (E) The State of Texas. (2) Expansion of program to other states.--The Secretary may expand the pilot program to include the County Veterans Services Officers located in a State not listed in paragraph (1), upon the request of a County Veterans Services Officer located in such State. (3) Duration of program.--The pilot program shall be conducted during the three-year period beginning on the date of the enactment of this Act. (c) Reduction of Backlog of Veterans' Claims.-- (1) Referral of claims to county veterans service officers.-- (A) Identification of claims backlog.--In conducting the pilot program, the Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require further development to be considered ready to be rated. (B) Referral of certain claims.--The Secretary shall refer those claims identified under subparagraph (A) as requiring further development to a County Veterans Service Officer for such development. (C) Selection of county veterans service officer.-- In referring a claim under subparagraph (B), the Secretary shall select a County Veterans Service Officer for development of such claim based upon the Officer's geographical proximity to the claimant. (D) Information required to develop claim.--A claim referred to a County Veterans Service Officer for development under the pilot program shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to be rated. (2) Filing of claims with county veterans service officers.--Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers under the pilot program. Receipt of such a claim by a County Veterans Service Officer under the program shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. (d) Development of Claims.-- (1) Development of claims by county veterans service officer.--When a County Veterans Service Officer receives a claim referred under subsection (c)(1) or receives a claim under subsection (c)(2), the officer shall make personal contact with the claimant, explain the situation, and further develop the claim, with the permission of the claimant. (2) County veterans service officer as representative of claimant.--In developing a claim under this subsection, a County Veterans Service Officer shall act as the advocate of the claimant. In the event of a conflict between the claimant and the Department of Veterans Affairs, the responsibility of the officer is to represent the claimant. (3) Authority to fully develop claim.--A County Veterans Service Officer to whom a claim is referred under subsection (c)(1) or who receives a claim under subsection (c)(2) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (4) Procedure.--Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under subsection (c)(1)(D) and a statement from the County Veterans Service Officer indicating that the claim is ready to be rated. (5) Fully developed claims.--For purposes of this subsection, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that are necessary and available to the officer to develop the claim in accordance with the specification under subsection (c)(1)(D) and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. (6) Cooperation with a veterans service organization.--For purposes of the pilot program, if a claimant whose claim is being developed under this section has established a power of attorney through a veterans service organization, the County Veterans Service Officer shall work through and in cooperation with such veterans service organization to develop the claim. (e) Information Sharing.-- (1) Access to benefits delivery network.--Under the pilot program, veterans' information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Officers in order to provide County Veterans Service Officers with online access to client information contained in the Department of Veterans Affairs database. (2) Availability of electronic files.--Subject to the requirements of subchapter III of Chapter 57 of title 38, United States Code, the Secretary shall make available to a County Veterans Service Officer all appropriate electronic files concerning the claimant for whom the officer is developing a claim. (3) Use of information.--Information provided or made available under this subsection shall be used by County Veterans Service Officers to develop veterans' claims under the pilot program and for no other purpose. (f) Report.--Not later than 180 days after the completion of the pilot program under this section, the Secretary shall submit to Congress a report on the program containing the following information: (1) The original backlog number per State participating in the program. (2) The final backlog number per State at the completion of the program. (3) The total reduction of the backlog in each State participating in the program. (4) The number of claims, per State, referred by the Department of Veterans Affairs to County Veterans Service Officers for development. (5) The number of such claims, per State, returned to the Department of Veterans Affairs as ready to be rated, after being referred to a County Veterans Service Officer under subsection (c)(1). (6) The number of new claims, per State, filed with a County Veterans Service Officer under subsection (c)(2), transmitted to the Department of Veterans Affairs as fully developed. SEC. 5. FUNDING. There are authorized to be appropriated, for each State participating in the pilot program under section 4, such sums as may be necessary to carry out the pilot program. | Department of Veterans Affairs Claims Backlog Reduction Act of 2007 - Directs the Secretary of Veterans Affairs to conduct a three-year pilot program to reduce the backlog of claims for benefits pending with the Department of Veterans Affairs (VA). Requires the Secretary to: (1) conduct the pilot program with County Veterans Service Officers in California, Florida, Ohio, South Carolina, and Texas; and (2) refer certain claims requiring further development to such Officers. Requires such Officers to: (1) act as claimant advocates in developing such claims; and (2) have access to client information contained in the VA's Benefits Delivery Network. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``UNRWA Integrity Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was established in 1949 as a temporary agency to provide relief services to Palestinian refugees and is the only United Nations agency dedicated to one specific group of refugees. (2) Unlike the United Nations High Commissioner for Refugees which seeks to find ``lasting solutions'' to the plight of refugees, UNRWA makes no effort to resettle Palestinian refugees. (3) Since 1950, the United States has contributed more than $2 billion to UNRWA. (4) In 2005, the United States contributed $108 million to UNRWA, constituting approximately one-fourth of UNRWA's 2005 budget. (5) UNRWA has never permitted an independent third party audit by an internationally-recognized auditing firm. (6) The last audit conducted by UNRWA's own Board of Auditors and certified by the United Nations Board of Auditors provided only summary totals which were vague and in addition left at least $43 million in expenditures completely undefined. SEC. 3. LIMITATIONS ON UNITED STATES VOLUNTARY CONTRIBUTIONS TO UNRWA. (a) Amendment.--Section 301 of the Foreign Assistance Act of 1961 (22 U.S.C. 2221) is amended by inserting after subsection (a) the following new subsection: ``(b) Voluntary Contributions to UNRWA.-- ``(1) Limitation.-- ``(A) In general.--Subject to subparagraph (B), voluntary contributions by the United States to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), or to any successor or related entity, may be provided only during a period for which a certification described in paragraph (2) is in effect. ``(B) Waiver.--The President may waive the limitation requirement of subparagraph (A) for a period not to exceed 180 days if the President determines that it is the national security interests of the United States to do so and notifies Congress of such determination. ``(2) Certification.--A certification described in this paragraph is a certification transmitted by the President to Congress that contains a determination of the President that UNRWA-- ``(A) is not an impediment to achieving a lasting solution for Palestinian refugees in the West Bank and Gaza and moving such refugees to post-refugee status; ``(B) is subject to comprehensive financial audits by an internationally-recognized third party independent auditing firm; ``(C) does not knowingly provide employment, refuge, freedom of movement, cash assistance, food assistance, housing rehabilitation assistance, or any other type of social services assistance to members of foreign terrorist organizations; and ``(D) does not promote anti-Semitism or the denial of the right of Israel to exist. ``(3) Recertifications.--Not later than 180 days after the date on which the President transmits to Congress an initial certification under paragraph (2), and every 180 days thereafter-- ``(A) the President shall transmit to Congress a recertification that the requirements contained in paragraph (2) are continuing to be met; or ``(B) if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor. ``(4) Congressional notification.--Voluntary contributions by the United States to the regular budget of UNRWA, or to any successor or related entity, may not be provided until 15 days after the date on which the President has provided notice thereof to the Committee on International Relations and the Committee on Appropriations of the House of Representatives and to the Committee on Foreign Relations and the Committee on Appropriations of the Senate in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act. ``(5) Definition.--In this subsection, the term `foreign terrorist organization' means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).''. (b) Effective Date.--The requirements of subsection (b) of section 301 of the Foreign Assistance Act of 1961, as added by subsection (a) of this section, apply with respect to voluntary contributions by the United States to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), or to any successor or related entity, for fiscal year 2007 and each subsequent fiscal year. SEC. 4. REPORT. Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on-- (1) the extent to which Palestinian refugees and United States interests are served by activities of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), including a determination as to whether-- (A) UNRWA contributes to a solution to the refugee problem or perpetuates the refugee problem; and (B) UNRWA programs encourage or discourage Palestinians from moving out of refugee camps and pursuing an economically independent existence; (2) the extent to which UNRWA includes in its educational materials or other programs anti-Semitic elements or elements that promote the denial of the right of Israel to exist; (3) a long-term plan for providing jobs and housing for Palestinian refugees and for phasing out services provided by UNRWA; (4) a plan for ensuring that educational materials used at UNRWA-administered schools do not promote anti-Semitism or the denial of the right of Israel to exist; and (5) the efforts of the Secretary to encourage other donors to UNRWA to support the plans described in paragraphs (3) and (4). | UNRWA Integrity Act - Amends the Foreign Assistance Act of 1961 to provide that voluntary U.S. contributions to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) may be provided only during a period for which the President certifies to Congress that UNRWA: (1) is not an impediment to achieving a lasting solution for Palestinian refugees in the West Bank and Gaza and moving such refugees to post-refugee status; (2) is subject to comprehensive, independent financial audits; (3) does not knowingly provide employment, refuge, freedom of movement, cash assistance, food assistance, housing rehabilitation assistance, or any other type of social services assistance to members of foreign terrorist organizations; and (4) does not promote anti-Semitism or the denial of Israel's right to exist. Authorizes a maximum 180-day waiver of such limitation for U.S. national security interests. Requires recertification not later than 180 days after the initial certification and every 180 days thereafter. Requires a report by the Secretary of State to Congress respecting the extent to which UNRWA: (1) serves Palestinian refugee and U.S. interests; and (2) includes in its educational materials anti-Semitic or anti-Israel elements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ending Common Core and Expanding School Choice Act''. SEC. 2. STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN. (a) In General.--Part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) is amended to read as follows: ``PART A--STATE EDUCATIONAL AGENCY GRANTS TO ELIGIBLE CHILDREN ``SEC. 1111. ALLOCATIONS TO STATES. ``(a) In General.--For each fiscal year, the Secretary shall allocate the amount appropriated to carry out this part among State education agencies based on the number of eligible children residing in each State. ``(b) Eligible Child.--In this section, the term `eligible child' means a child aged 5 to 17, inclusive, from a family with an income below the poverty level on the basis of the most recent satisfactory data published by the Department of Commerce. ``(c) Criteria of Poverty.--In determining the families with incomes below the poverty level for the purposes of this section, a State educational agency shall use the criteria of poverty used by the Census Bureau in compiling the most recent decennial census, as the criteria have been updated by increases in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics. ``SEC. 1112. FUNDS FOLLOWING ELIGIBLE CHILDREN. ``(a) Calculation of Per Pupil Amount.--For each fiscal year, the State educational agency shall calculate the per pupil amount by dividing the amount made available to the agency under section 1111 by the number of eligible children (as defined in section 1111(b)) residing in the State. ``(b) Use of Funds.--Each State educational agency shall use each per pupil amount calculated under subsection (a) for qualified elementary and secondary education expenses and in a manner directed by State law. ``(c) Funds Distributed to Parents.--In a case in which State law directs a State educational agency to distribute all or a portion of a per pupil amount to a parent of an eligible child, the agency also shall determine, consistent with State law, how the agency will verify that funds are being used in accordance with this section and whether to require the parent to establish an educational savings account or other dedicated account to maintain such funds. ``(d) Definition.--In this section, the term `qualified elementary and secondary education expenses', when used with respect to a child, means any of the following: ``(1) Expenses within the budget of the local educational agency having jurisdiction over the geographic area in which the child resides. ``(2) Expenses within the budget of the public or charter school the child may attend without paying tuition or fees. ``(3) Tuition and fees required to be paid in order for the child to attend a public or charter school in the State in which the child resides. ``(4) Tuition and fees required to be paid in order for the child to attend an accredited or otherwise State-approved private school in the State in which the child resides. ``(5) Fees required to be paid for the child to participate in a State-approved supplemental educational services program. ``SEC. 1113. RULES OF CONSTRUCTION. ``(a) In General.--No officer or employee of the Federal Government shall, through grants, contracts, or other cooperative agreements, mandate, direct, or control a State, local educational agency, or school's specific instructional content, academic standards and assessments, curricula, or program of instruction (including any requirement, direction, or mandate to adopt the Common Core State Standards developed under the Common Core State Standards Initiative, any other academic standards common to a significant number of States, or any assessment, instructional content, or curriculum aligned to such standards), nor shall anything in this Act be construed to authorize such officer or employee to do so. ``(b) No Requirement To Implement Assessments, Standards, or Accountability Systems.--An officer or employee of the Federal Government shall not require a State educational agency, local educational agency, school, or Indian Tribe to implement an annual assessment, academic standard, or accountability system, or condition funds made available under this part upon such implementation.''. (b) Conforming Amendments.-- (1) Repeal of state assessment grants.--Part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1201 et seq.) is repealed. (2) Authorization of appropriations.--Section 1002 of such Act (20 U.S.C. 6302) is amended-- (A) by striking the subsection heading for subsection (a) and inserting ``State Educational Agency Grants for Eligible Children''; and (B) by striking subsection (b). | Ending Common Core and Expanding School Choice Act This bill amends the Elementary and Secondary Education Act of 1965 to: (1) eliminate the standards, assessments, and academic accountability requirements for state and local educational agencies that receive funds under the Act for the education of disadvantaged children, (2) require such funds to be allocated based on the number of children residing in each state who are living in poverty, and (3) allow educational agencies to distribute per pupil amounts from such funds to parents for qualified elementary and secondary education expenses. The bill prohibits federal officers or employees from mandating academic standards, assessments, curricula, or accountability systems. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Forest Ecosystem Stewardship Demonstration Act of 1995''. SEC. 2. FINDINGS, PURPOSES, AND DEFINITIONS. (a) Findings.--Congress makes the following finding: (1) In many of the units of the National Forest System, current conditions--such as unnatural fuel loads, high tree density, threat of catastrophic fires, disease, and insect infestations, habitat loss, and loss of historic species, stand diversity and integrity--adversely affect the biodiversity, health, and sustainability of the forest ecosystems of such units. (2) A new and innovative contracting process for the National Forest System is required to meet Federal goals of improving forest resource conditions through implementation of ecosystem management. (3) Ecosystem management is not just a biological concept. It is the convergence of a set of activities that is simultaneously ecologically sound, economically viable, and socially responsible. (4) The improvement of the health and natural functioning of the forest resource is vital to the long-term viability of species found on National Forest System lands. (5) Ecosystem restoration and conservation work performed with revenues from forest activities would improve employment opportunities in communities near units of the National Forest System to the benefit of long-term economic sustainability and community viability. (b) Purposes.--The purposes of this Act are as follows: (1) To improve and restore the health of forest resources through implementation of ecosystem management. (2) To provide for employment opportunities and economic health and viability for rural communities near units of the National Forest System. (3) To provide for flexibility in procurement and funding practices to enter into stewardship contracts to achieve management objectives and requirements prescribed in the following provisions of law: (A) The Act of June 4, 1897 (commonly known as the Organic Administration Act; 16 U.S.C. 473-475, 477-482, 551). (B) The Multiple-Use Sustained Yield Act of 1960 (16 U.S.C. 528-531). (C) The Forest and Rangeland Renewable Resources Act of 1974 (16 U.S.C. 1600-1614). (D) Section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). (E) The Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500). (F) The Federal Grants and Agreements Act of 1977 (31 U.S.C. 6303-6308). (G) National Forest Fund Act of March 4, 1907 (16 U.S.C. 499). (c) Definitions.--For purposes of this Act: (1) Account.--The term ``Account'' means the Stewardship Account established under section 4. (2) Design specification contract.--The term ``design specification contract'' is used to describe contracts in which the contracting entity specifically identifies all the tasks to be performed, and the contractor performs per the designed specifications. (3) Forest stewardship council.--The term ``Forest Stewardship Council'' means any one of the local councils established under section 3(f) of this Act to, in cooperation with resource managers: prioritize and select stewardship projects, set operational goals in the context of current national forest management policies and local forest plans, evaluate contractor performance and accomplishments, recommend progress payments for work successfully completed by contractors, and make recommendations for the improvement of the stewardship contract process. (4) Performance specification contract.--The term ``performance specification contract'' is used to describe contracts in which the contracting entity identifies the parameters of the project, and the contractor identifies the method to accomplish the work. (5) Resource activities.--The term ``resource activities'' includes area access, site preparation, replanting, fish and wildlife habitat restoration or enhancement, silvicultural treatments, watershed improvement, fuel treatments (including prescribed burning), and road closure or obliteration. (6) Resource manager.--The term ``resource manager'' refers to the line officer responsible for management decisions associated with project implementation on a national forest. (7) Roadside sale.--The term ``roadside sale'' refers to the sale by the Forest Service to the highest bidder(s) of all contract-designated products of the forest removed as part of the management activities conducted under a stewardship contract. (Non-designated products may be assigned to the contractor for salvage.) A roadside sale is a completely separate transaction from the awarding of the stewardship contract itself. (8) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (9) Statement of work contract.--The term ``statement of work contract'' is used to describe contracts in which the contracting entity gives a general overview of the project, and the bidding contractor provides the specifics on how he/she envisions the project and the end result he/she would obtain using his/her particular approach to land stewardship. (10) Stewardship contract.--The term ``stewardship contract'' means a contract for carrying out resource activities for the improvement and restoration of forest ecosystems of units of the National Forest System and to encourage or enhance the economic sustainability and the viability of rural and regional communities. A stewardship contract could use a design specification format (definition 2, above), a performance specification format (definition 4, above), a statement of work format (definition 9, above), or some combination thereof. SEC. 3. USE OF STEWARDSHIP CONTRACTS. (a) Use Authorized.--The Secretary shall establish and implement in the Forest Service a demonstration program through which forest- and/or district-level resource managers use stewardship contracts to carry out resource activities in a comprehensive manner to restore and preserve the ecological integrity and productivity of forest ecosystems within the National Forest System and to encourage or enhance the economic sustainability and the viability of nearby rural communities. The resource activities undertaken should be consistent with the precepts of ecosystem management and with the forest's management plan for achieving the desired future conditions of the area being treated. (b) Use Limited.--Within the limits of available financial resources, each forest within the National Forest System may use stewardship contracts to carry out ecosystem management projects, if those contracts: (1) Provide for payment to the contractor based on the number of acres satisfactorily treated in accordance with an approved plan to create a desired future condition on the land. (2) Are used for projects where the harvest of timber is secondary to creating specific resource conditions (e.g., wildlife habitat enhancement, watershed improvement, insect and disease control). (3) Are not used for projects involving the construction of new permanent roads or entries into roadless areas. (4) Will result in the removal of no more than 300,000 board feet of merchantable timber per project. (5) Provide for the roadside sale of all contract- designated merchantable timber which is extracted. (6) Are awarded competitively to qualified contractors with no more than 25 employees. (7) Include stewardship skill and experience qualification requirements which have been established by the local Forest Stewardship Council and approved by the Forest Service. (8) Are monitored not only by the Forest Service, but also by the local Forest Stewardship Council. (9) Provide for periodic progress payments to contractors based on successful completion of contract activities on a per acre basis. The acceptability of the contractor's work shall be determined by the Forest Service, taking into account the recommendation of the local Forest Stewardship Council. (c) Demonstration Research Objectives.--The Secretary shall insure that in the carrying out of the provisions of this Act enough flexibility is provided to resource managers to enable them to test various approaches to solving questions left unresolved in previous demonstrations of stewardship and end results contracts authorized in fiscal year 1991 and 1992 through the Department of the Interior and Related Appropriation Acts. These questions include, but are not limited to: (1) The need for the bonding of stewardship contractors and/or possible alternatives which could reduce the financial burden on small businesses. (2) Preferred methods of marketing timber or other products of the forest removed as a result of stewardship contract activities. (3) The standards to be used in evaluating the quality and acceptability of the work performed by a stewardship contractor. (4) The desirability of multi-year contracts for stewardship projects. (5) The relative merits of using design specifications, performance specifications, or statements of work in offering, awarding, and evaluating stewardship contracts. (6) The costs, benefits, problems, and opportunities resulting from increased community involvement in the design and monitoring of stewardship contracts. (7) The benefits and problems resulting from restricting stewardship contracts to very small (no more than 25 employees) contractors. (8) The extent to which local economic sustainability and rural community viability are affected by the use of stewardship contracts. (9) The difference between estimated and actual revenues derived from roadside sales of timber. (10) The level of utilization of timber and other products of the forest derived from stewardship contract projects as compared with conventional timber sales. (11) The extent to which stewardship contracting contributes to the achievement of forest ecosystem management plans. (12) The extent to which the revenues from stewardship contracts cover the cost of such contracts or are offset by the costs which could reasonably be expected to result if the contracts are not carried out (e.g., fire suppression costs in areas with heavy fuel loads). (13) The administrative costs or savings involved in the use of stewardship contracts. (14) The benefits and/or disadvantages of using local Forest Stewardship Councils as part of the stewardship contracting process. (15) The benefits and/or disadvantages of various methods of selecting members, organizing, administering, and conducting the business of local Forest Stewardship Councils. (d) Development and Use of Contracts.--Each resource manager of a unit of the National Forest System may enter into stewardship contracts with qualified non-Federal entities (as established in regulations relating to procurement by the Federal Government or as determined by the Secretary.) The local Forest Stewardship Council, in cooperation with the Forest Service resource manager, shall select the type of stewardship contract that is most suitable to local conditions. Contracts should clearly describe the desired future condition for each resource managed under the contract and the evaluation criteria to be used to determine acceptable performance. The length of a stewardship contract shall be consistent with the requirements of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a). (e) Selection of Areas for Contracts.--In selecting areas within units of the National Forest System to be subject to stewardship contracts, the Secretary, resource managers, and local Forest Stewardship Councils shall base the selection on the need to improve forest health, maintain and improve soil and water quality, and improve fisheries and wildlife habitat. Priorities for activities within individual units will be established by local resource managers, in consultation with the appropriate local Forest Stewardship Council. (f) Establishment of Local Forest Stewardship Councils.--Local Forest Stewardship Councils shall be established for each unit of the National Forest System which offers stewardship contracts. The role of a Forest Stewardship Council will be to, in cooperation with the resource managers, prioritize and select stewardship projects, set operational goals in the context of current national forest management policies and local forest plans, evaluate contractor performance and accomplishments, recommend progress payments for work successfully completed by contractors, and make recommendations for the improvement of the stewardship contract process. Each participating National Forest System unit shall establish, after soliciting the comments of local citizens, the size of the local council, the method of selection or election of council members, the terms of service of members, and the council administrative budget, if any. At least 51 percent of members of any Forest Stewardship Council shall be drawn from the private sector, in a manner which insures representation of a broad range of public interests. The functioning of the Forest Stewardship Councils must assure a continuing and open process and must in no way interfere with the broad public involvement in Federal resource management decision making required under the National Environmental Policy Act of 1976. (g) Application of Contracts.--Subject to subsection (h), the revenue received from the sale of timber or any other products of the forest resulting to the Federal Government as a result of work carried out under a stewardship contract shall be deposited into a Stewardship Account as established in section 4(a). (h) Effect on Other Revenue Requirements.--Twenty-five percent of the revenues received from roadside sale of products extracted through stewardship contract activities shall remain available for payments to States, as required under the Act of May 23, 1908, and section 13 of the Act of March 1, 1991 (16 U.S.C. 500). The Secretary shall first collect revenues to make such payments before exercising the authority provided in subsection g. SEC. 4. STEWARDSHIP CONTRACT RECEIPTS AND EXPENDITURES. (a) Receipts.--Monetary receipts received as payment for contract- designated timber and other products of the forest extracted through stewardship contract activities shall be deposited in a designated fund to be known as the ``Stewardship Account''. Amounts in the Account shall be used to make payments to States under the Act of May 23, 1908, and section 13 of the Act of March 1, 1911 (16 U.S.C. 500), and to fund resource activities. Amounts in the Account are hereby appropriated and shall be available to the Secretary until expended, except that those amounts found by the Secretary to be in excess of the needs of the Secretary shall be transferred to miscellaneous receipts in the Treasury of the United States. Any additional revenues made available through direct appropriations to the Forest Service for stewardship contracting and ecosystem management purposes also shall be deposited in the Account. (b) Expenditures.--Not less than 80 percent of amounts in the Account available for resource activities shall be used for the direct costs of such resource activities. The revenues received from sales of contract-designated products resulting from stewardship contracts shall be returned to the national forest from which they were generated, to be used to fund additional stewardship contracts. To the extent that additional revenues are received in the Account from direct appropriations by the Congress of funds for stewardship contract activities, such funds shall be made available to those forest units using stewardship contracts through a process to be developed by the Secretary. (c) Reporting.--As part of the annual report of the Secretary to Congress, the Secretary shall include an accounting of revenues, expenditures, and accomplishments related to the stewardship contracts. SEC. 5. RELATION TO OTHER LAWS. All stewardship contracts shall comply with existing applicable laws, and nothing in this Act may be construed as modifying the provisions of any other law except as explicitly provided in this Act. SEC. 6. EFFECTIVE DATE. This Act shall be effective upon passage. SEC. 7. TERMINATION DATE. Unless extended by a subsequent act of the Congress, this Act shall terminate five years from its effective date. | Forest Ecosystem Stewardship Demonstration Act of 1995 - Directs the Secretary of Agriculture to establish and implement a Forest Service demonstration program of stewardship contracts (as defined in this Act) to restore and preserve forest ecosystems and to sustain neighboring rural communities' economic viability. Requires Local Forest Stewardship Councils to be established for each National Forest System offering stewardship contracts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhancing State Energy Security Planning and Emergency Preparedness Act of 2017''. SEC. 2. STATE ENERGY SECURITY PLANS. (a) In General.--Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following: ``SEC. 367. STATE ENERGY SECURITY PLANS. ``(a) In General.--Federal financial assistance made available to a State under this part may be used for the implementation, review, and revision of a State energy security plan that assesses the State's existing circumstances and proposes methods to strengthen the ability of the State, in consultation with owners and operators of energy infrastructure in such State, to-- ``(1) secure the energy infrastructure of the State against all physical and cybersecurity threats; ``(2) mitigate the risk of energy supply disruptions to the State and enhance the response to, and recovery from, energy disruptions; and ``(3) ensure the State has a reliable, secure, and resilient energy infrastructure. ``(b) Contents of Plan.--A State energy security plan described in subsection (a) shall-- ``(1) address all fuels, including petroleum products, other liquid fuels, coal, electricity, and natural gas, as well as regulated and unregulated energy providers; ``(2) provide a State energy profile, including an assessment of energy production, distribution, and end-use; ``(3) address potential hazards to each energy sector or system, including physical threats and cybersecurity threats and vulnerabilities; ``(4) provide a risk assessment of energy infrastructure and cross-sector interdependencies; ``(5) provide a risk mitigation approach to enhance reliability and end-use resilience; and ``(6) address multi-State, Indian Tribe, and regional coordination planning and response, and to the extent practicable, encourage mutual assistance in cyber and physical response plans. ``(c) Coordination.--In developing a State energy security plan under this section, the energy office of the State shall, to the extent practicable, coordinate with-- ``(1) the public utility or service commission of the State; ``(2) energy providers from the private sector; and ``(3) other entities responsible for maintaining fuel or electric reliability. ``(d) Financial Assistance.--A State is not eligible to receive Federal financial assistance under this part, for any purpose, for a fiscal year unless the Governor of such State submits to the Secretary, with respect to such fiscal year-- ``(1) a State energy security plan described in subsection (a) that meets the requirements of subsection (b); or ``(2) after an annual review of the State energy security plan by the Governor-- ``(A) any necessary revisions to such plan; or ``(B) a certification that no revisions to such plan are necessary. ``(e) Technical Assistance.--Upon request of the Governor of a State, the Secretary may provide information and technical assistance, and other assistance, in the development, implementation, or revision of a State energy security plan. ``(f) Sunset.--This section shall expire on October 31, 2022.''. (b) Authorization of Appropriations.--Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended-- (1) by striking ``$125,000,000'' and inserting ``$90,000,000''; and (2) by striking ``2007 through 2012'' and inserting ``2018 through 2022''. (c) Technical and Conforming Amendments.-- (1) Conforming amendments.--Section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323) is amended-- (A) by redesignating subsection (f) as subsection (e); and (B) by striking subsection (e). (2) Technical amendment.--Section 366(3)(B)(i) of the Energy Policy and Conservation Act (42 U.S.C. 6326(3)(B)(i)) is amended by striking ``approved under section 367''. (3) Reference.--The item relating to ``Department of Energy--Energy Conservation'' in title II of the Department of the Interior and Related Agencies Appropriations Act, 1985 (42 U.S.C. 6323a) is amended by striking ``sections 361 through 366'' and inserting ``sections 361 through 367''. (4) Table of sections.--The table of sections for part D of title III of the Energy Policy and Conservation Act is amended by adding at the end the following: ``Sec. 367. State energy security plans.''. Passed the House of Representatives July 18, 2017. Attest: KAREN L. HAAS, Clerk. | Enhancing State Energy Security Planning and Emergency Preparedness Act of 2017 (Sec.2)This bill amends the Energy Policy and Conservation Act to provide financial assistance to states for the implementation, review, and revision of a state energy security plan that assesses the state's existing circumstances and proposes methods to strengthen the ability of the state to have a reliable, secure, and resilient energy infrastructure. A state energy security plan must: address all fuels, including petroleum products, other liquid fuels, coal, electricity, and natural gas, as well as regulated and unregulated energy providers; provide a state energy profile, including an assessment of energy production, distribution, and end-use; address potential hazards to each energy sector or system, including physical threats and cybersecurity threats and vulnerabilities; provide a risk assessment of energy infrastructure and cross-sector interdependencies; provide a risk mitigation approach to enhance reliability and end-use resilience; and address multi-state, Indian tribe, and regional coordination planning and response and encourage mutual assistance in cyber and physical response plans. In developing an energy security plan, a state must coordinate with entities responsible for maintaining fuel or electric reliability, including public utilities and private energy providers. Upon request of a state, the Department of Energy (DOE) may provide assistance in the development, implementation, or revision of a state energy security plan. DOE's authority to carry out this bill's provisions expires on October 31, 2022. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Pharmacy Consumer Protection Act''. SEC. 2. INTERNET SALES OF PRESCRIPTION DRUGS. (a) In General.--Chapter 5 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 503A the following section: ``SEC. 503B. INTERNET SALES OF PRESCRIPTION DRUGS. ``(a) In General.--A person may not introduce a prescription drug into interstate commerce or deliver the prescription drug for introduction into such commerce pursuant to a sale of the drug by such person if-- ``(1) the purchaser of the drug submitted the purchase order for the drug, or conducted any other part of the sales transaction for the drug, through an Internet site; and ``(2) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet each of the requirements specified in subsection (b) (other than a site or pages on a site that are not intended to be accessed by purchasers or prospective purchasers). ``(b) Requirements.--With respect to an Internet site, the requirements referred to in paragraph (2) of subsection (a) for a person to whom such subsection applies are as follows: ``(1) The site shall include a page that provides the following information: ``(A) The name of such person; the address of the principal place of business of the person with respect to sales of prescription drugs through the Internet; and the telephone number for such place of business. ``(B) Each State in which the person is authorized by law to dispense prescription drugs. ``(C) The name of each individual who serves as a pharmacist for purposes of the site, and each State in which the individual is authorized by law to dispense prescription drugs. ``(D) If the person provides for medical consultations through the site for purposes of providing prescriptions, the name of each individual who provides such consultations; each State in which the individual is licensed or otherwise authorized by law to provide such consultations; and the type or types of health professions for which the individual holds such licenses or other authorizations. ``(2) Each other page of the site (if any) shall include either a link to the page referred to in paragraph (1) or the information described in such paragraph. ``(3) A link to which paragraph (2) applies shall be clearly visible on the page involved, shall not be of a size smaller than other links on the page (if any), and shall include in the caption for the link either the word `licensing' or the word `licenses'. ``(c) Primary Enforcement Authority for States.-- ``(1) In general.--With respect to the purchase of a prescription drug, if a State has in effect requirements for Internet sites that are no less stringent than the requirements established in subsection (b) for such sites, and has adequate procedures for the enforcement of the requirements, the State has primary enforcement responsibility for any violation involving such a purchase made from within the State. ``(2) Determination.--The Secretary shall by regulation establish a procedure through which a State can, upon the request of the State, obtain from the Secretary a determination of whether under paragraph (1) the State has primary enforcement responsibility. Not later than 180 days after the date of the enactment of the Internet Pharmacy Consumer Protection Act, the Secretary shall issue a proposed rule for purposes of the preceding sentence. ``(d) Definitions.--For purposes of this section: ``(1) The term `Internet' means collectively the myriad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. ``(2) The term `link', with respect to the Internet, means one or more letters, words, numbers, symbols, or graphic items that appear on a page of an Internet site for the purpose of serving, when activated, as a method for executing an electronic command-- ``(A) to move from viewing one portion of a page on such site to another portion of the page; ``(B) to move from viewing one page on such site to another page on such site; or ``(C) to move from viewing a page on one Internet site to a page on another Internet site. ``(3) The term `page', with respect to the Internet, means a document or other file accessed at an Internet site. ``(4) The term `prescription drug' means a drug subject to section 503(b). ``(5)(A) The terms `site' and `address', with respect to the Internet, mean a specific location on the Internet that is determined by Internet protocol numbers. Such term includes the domain name, if any. ``(B) The term `domain name' means a method of representing an Internet address without direct reference to the Internet Protocol numbers for the address, including methods that use the designations `.com', `.edu', `.gov', and `.org'. ``(C) The term `Internet Protocol numbers' includes any successor protocol for determining a specific location on the Internet.''. (b) Inclusion as Prohibited Act.--Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by inserting after paragraph (k) the following: ``(l) The introduction or delivery for introduction into interstate commerce of a prescription drug in violation of section 503B.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 take effect upon the expiration of the 60-day period beginning on the date of the enactment of this Act, without regard to whether a final rule to implement such amendments has been promulgated by the Secretary of Health and Human Services under section 701(a) of the Federal Food, Drug, and Cosmetic Act. The preceding sentence may not be construed as affecting the authority of such Secretary to promulgate such a final rule. | Internet Pharmacy Consumer Protection Act - Amends the Federal Food, Drug, and Cosmetic Act to prohibit any person from introducing a prescription drug into interstate commerce or delivering such a drug for introduction into commerce pursuant to a sale if: (1) any part of the sales transaction for the drug is conducted through an Internet site; and (2) such site, or any other Internet site used by such person for purposes of sales of a prescription drug, fails to meet specified requirements regarding inclusion of a page (and links thereto) providing the identities of the seller and the persons serving as pharmacists or medical consultants and the States in which the seller and such persons are authorized to dispense drugs or provide consultations.Provides that a State that has in effect requirements for Internet sites that are no less stringent and that has adequate procedures for their enforcement shall have primary enforcement responsibility for any violation involving such a purchase made from within the State. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Local Law Enforcement Hate Crimes Prevention Act of 2005''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The incidence of violence motivated by the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim poses a serious national problem. (2) Such violence disrupts the tranquility and safety of communities and is deeply divisive. (3) State and local authorities are now and will continue to be responsible for prosecuting the overwhelming majority of violent crimes in the United States, including violent crimes motivated by bias. These authorities can carry out their responsibilities more effectively with greater Federal assistance. (4) Existing Federal law is inadequate to address this problem. (5) The prominent characteristic of a violent crime motivated by bias is that it devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected. (6) Such violence substantially affects interstate commerce in many ways, including-- (A) by impeding the movement of members of targeted groups and forcing such members to move across State lines to escape the incidence or risk of such violence; and (B) by preventing members of targeted groups from purchasing goods and services, obtaining or sustaining employment, or participating in other commercial activity. (7) Perpetrators cross State lines to commit such violence. (8) Channels, facilities, and instrumentalities of interstate commerce are used to facilitate the commission of such violence. (9) Such violence is committed using articles that have traveled in interstate commerce. (10) For generations, the institutions of slavery and involuntary servitude were defined by the race, color, and ancestry of those held in bondage. Slavery and involuntary servitude were enforced, both prior to and after the adoption of the 13th amendment to the Constitution of the United States, through widespread public and private violence directed at persons because of their race, color, or ancestry, or perceived race, color, or ancestry. Accordingly, eliminating racially motivated violence is an important means of eliminating, to the extent possible, the badges, incidents, and relics of slavery and involuntary servitude. (11) Both at the time when the 13th, 14th, and 15th amendments to the Constitution of the United States were adopted, and continuing to date, members of certain religious and national origin groups were and are perceived to be distinct ``races''. Thus, in order to eliminate, to the extent possible, the badges, incidents, and relics of slavery, it is necessary to prohibit assaults on the basis of real or perceived religions or national origins, at least to the extent such religions or national origins were regarded as races at the time of the adoption of the 13th, 14th, and 15th amendments to the Constitution of the United States. (12) Federal jurisdiction over certain violent crimes motivated by bias enables Federal, State, and local authorities to work together as partners in the investigation and prosecution of such crimes. (13) The problem of crimes motivated by bias is sufficiently serious, widespread, and interstate in nature as to warrant Federal assistance to States and local jurisdictions. SEC. 3. DEFINITION OF HATE CRIME. In this Act, the term ``hate crime'' has the same meaning as in section 280003(a) of the Violent Crime Control and Law Enforcement Act of 1994 (28 U.S.C. 994 note). SEC. 4. SUPPORT FOR CRIMINAL INVESTIGATIONS AND PROSECUTIONS BY STATE AND LOCAL LAW ENFORCEMENT OFFICIALS. (a) Assistance Other Than Financial Assistance.-- (1) In general.--At the request of a law enforcement official of a State or Indian tribe, the Attorney General may provide technical, forensic, prosecutorial, or any other form of assistance in the criminal investigation or prosecution of any crime that-- (A) constitutes a crime of violence (as defined in section 16 of title 18, United States Code); (B) constitutes a felony under the laws of the State or Indian tribe; and (C) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim, or is a violation of the hate crime laws of the State or Indian tribe. (2) Priority.--In providing assistance under paragraph (1), the Attorney General shall give priority to crimes committed by offenders who have committed crimes in more than 1 State and to rural jurisdictions that have difficulty covering the extraordinary expenses relating to the investigation or prosecution of the crime. (b) Grants.-- (1) In general.--The Attorney General may award grants to assist State, local, and Indian law enforcement officials with the extraordinary expenses associated with the investigation and prosecution of hate crimes. (2) Office of justice programs.--In implementing the grant program, the Office of Justice Programs shall work closely with the funded jurisdictions to ensure that the concerns and needs of all affected parties, including community groups and schools, colleges, and universities, are addressed through the local infrastructure developed under the grants. (3) Application.-- (A) In general.--Each State that desires a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and accompanied by or containing such information as the Attorney General shall reasonably require. (B) Date for submission.--Applications submitted pursuant to subparagraph (A) shall be submitted during the 60-day period beginning on a date that the Attorney General shall prescribe. (C) Requirements.--A State or political subdivision of a State or tribal official applying for assistance under this subsection shall-- (i) describe the extraordinary purposes for which the grant is needed; (ii) certify that the State, political subdivision, or Indian tribe lacks the resources necessary to investigate or prosecute the hate crime; (iii) demonstrate that, in developing a plan to implement the grant, the State, political subdivision, or tribal official has consulted and coordinated with nonprofit, nongovernmental victim services programs that have experience in providing services to victims of hate crimes; and (iv) certify that any Federal funds received under this subsection will be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subsection. (4) Deadline.--An application for a grant under this subsection shall be approved or disapproved by the Attorney General not later than 30 business days after the date on which the Attorney General receives the application. (5) Grant amount.--A grant under this subsection shall not exceed $100,000 for any single jurisdiction within a 1 year period. (6) Report.--Not later than December 31, 2006, the Attorney General shall submit to Congress a report describing the applications submitted for grants under this subsection, the award of such grants, and the purposes for which the grant amounts were expended. (7) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $5,000,000 for each of fiscal years 2006 and 2007. SEC. 5. GRANT PROGRAM. (a) Authority to Make Grants.--The Office of Justice Programs of the Department of Justice shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State and local programs designed to combat hate crimes committed by juveniles, including programs to train local law enforcement officers in identifying, investigating, prosecuting, and preventing hate crimes. (b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. SEC. 6. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND LOCAL LAW ENFORCEMENT. There are authorized to be appropriated to the Department of the Treasury and the Department of Justice, including the Community Relations Service, for fiscal years 2006, 2007, and 2008 such sums as are necessary to increase the number of personnel to prevent and respond to alleged violations of section 249 of title 18, United States Code, as added by section 7. SEC. 7. PROHIBITION OF CERTAIN HATE CRIME ACTS. (a) In General.--Chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 249. Hate crime acts ``(a) In General.-- ``(1) Offenses involving actual or perceived race, color, religion, or national origin.--Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person-- ``(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(i) death results from the offense; or ``(ii) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.-- ``(A) In general.--Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B), willfully causes bodily injury to any person or, through the use of fire, a firearm, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity or disability of any person-- ``(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and ``(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if-- ``(I) death results from the offense; or ``(II) the offense includes kidnaping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ``(B) Circumstances described.--For purposes of subparagraph (A), the circumstances described in this subparagraph are that-- ``(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim-- ``(I) across a State line or national border; or ``(II) using a channel, facility, or instrumentality of interstate or foreign commerce; ``(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A); ``(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or ``(iv) the conduct described in subparagraph (A)-- ``(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or ``(II) otherwise affects interstate or foreign commerce. ``(b) Certification Requirement.--No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, the Deputy Attorney General, the Associate Attorney General, or any Assistant Attorney General specially designated by the Attorney General that-- ``(1) he or she has reasonable cause to believe that the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of any person was a motivating factor underlying the alleged conduct of the defendant; and ``(2) he or his designee or she or her designee has consulted with State or local law enforcement officials regarding the prosecution and determined that-- ``(A) the State does not have jurisdiction or does not intend to exercise jurisdiction; ``(B) the State has requested that the Federal Government assume jurisdiction; ``(C) the State does not object to the Federal Government assuming jurisdiction; or ``(D) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence. ``(c) Definitions.--In this section-- ``(1) the term `explosive or incendiary device' has the meaning given the term in section 232 of this title; ``(2) the term `firearm' has the meaning given the term in section 921(a) of this title; and ``(3) the term `gender identity' for the purposes of this chapter means actual or perceived gender-related characteristics. ``(d) Rule of Evidence.--In a prosecution for an offense under this section, evidence of expression or associations of the defendant may not be introduced as substantive evidence at trial, unless the evidence specifically relates to that offense. However, nothing in this section affects the rules of evidence governing impeachment of a witness.''. (b) Technical and Conforming Amendment.--The analysis for chapter 13 of title 18, United States Code, is amended by adding at the end the following: ``249. Hate crime acts.''. SEC. 8. STATISTICS. Subsection (b)(1) of the first section of the Hate Crimes Statistics Act (28 U.S.C. 534 note) is amended by inserting ``gender and gender identity,'' after ``race,''. SEC. 9. 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 the provisions of such to any person or circumstance shall not be affected thereby. | Local Law Enforcement Hate Crimes Prevention Act of 2005 - Authorizes the Attorney General to provide technical, forensic, prosecutorial, or other assistance in the criminal investigation or prosecution of any crime that: (1) constitutes a crime of violence under federal law or a felony under state or Indian tribal law; and (2) is motivated by prejudice based on the actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability of the victim or is a violation of the hate crime laws of the state or tribe. Directs the Attorney General to give priority for assistance to crimes committed by offenders who have committed crimes in more than one state and to rural jurisdictions that have difficulty covering the extraordinary investigation or prosecution expenses. Authorizes the Attorney General to award grants to assist state, local, and Indian law enforcement officials with such extraordinary expenses. Directs the Office of Justice Programs to: (1) work closely with funded jurisdictions to ensure that the concerns and needs of all affected parties are addressed; and (2) award grants to state and local programs designed to combat hate crimes committed by juveniles. Prohibits specified offenses involving actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity, or disability. Amends the Hate Crimes Statistics Act to require the crime data to be collected and published by the Attorney General to include data about crimes that manifest evidence of prejudice based on gender and gender identity. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Remote Sensing Applications Act of 2004''. SEC. 2. FINDINGS. The Congress finds that-- (1) although urban land use planning, growth management, and other functions of State, local, regional, and tribal agencies are rightfully within their jurisdiction, the Federal Government can and should play an important role in the development and demonstration of innovative techniques to improve comprehensive land use planning and growth management; (2) the United States is making a major investment in acquiring remote sensing and other geospatial information from both governmental and commercial sources; (3) while much of the data is being acquired for scientific and national security purposes, it also can have important applications to help meet societal goals; (4) it has already been demonstrated that Landsat data and other earth observation data can be of enormous assistance to Federal, State, local, regional, and tribal agencies for urban land use planning, coastal zone management, natural and cultural resource management, and disaster monitoring; (5) remote sensing, coupled with the emergence of geographic information systems and satellite-based positioning information, offers the capability of developing important new applications of integrated sets of geospatial information to address societal needs; (6) the full range of applications of remote sensing and other forms of geospatial information to meeting public sector requirements has not been adequately explored or exploited; (7) the Land Remote Sensing Policy Act of 1992, Presidential Decision Directive 23 of 1994, and the Commercial Space Act of 1998 all support and promote the development of United States commercial remote sensing capabilities; (8) many State, local, regional, tribal, and Federal agencies are unaware of the utility of remote sensing and other geospatial information for meeting their needs, even when research has demonstrated the potential applications of that information; (9) even when aware of the utility of remote sensing and geospatial technologies in the area of wildland fire management to detect and monitor a wildland fire in real-time from the early stages of fire growth, many State, local, regional, and tribal agencies are hampered by a lack of overall strategy guiding interagency management of resources and technology, according to a September 2003 Government Accounting Office report; (10) remote sensing and other geospatial information, especially when used in a coordinated approach, can be particularly useful to State, local, regional, and tribal agencies in the area of urban planning, especially in their efforts to plan for and manage the impacts of growth, development, and sprawl, as well as in wildland fire management and environmental impact and disaster relief planning and management; (11) the United States Geological Survey, in coordination with other agencies, can play a unique role in demonstrating how data acquired for scientific purposes, when combined with other data sources and processing capabilities, can be applied to assist State, local, regional, and tribal agencies and the private sector in decisionmaking in such areas as agriculture, weather forecasting, and forest management; and (12) in addition, the United States Geological Survey, in conjunction with other agencies, can play a unique role in stimulating the development of the remote sensing and other geospatial information sector through pilot projects to demonstrate the value of integrating governmental and commercial remote sensing data with geographic information systems and satellite-based positioning data to provide useful applications products. SEC. 3. DEFINITIONS. In this Act-- (1) the term ``Director'' means the Director of the United States Geological Survey; (2) the term ``geospatial information'' means knowledge of the nature and distribution of physical and cultural features on the landscape based on analysis of data from airborne or spaceborne platforms or other types and sources of data; and (3) the term ``institution of higher education'' has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). SEC. 4. PILOT PROJECTS TO ENCOURAGE PUBLIC SECTOR APPLICATIONS. (a) In General.--The Director shall establish a program of grants for competitively awarded pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. (b) Preferred Projects.--In awarding grants under this section, the Director shall give preference to projects that-- (1) make use of existing public or commercial data sets; (2) integrate multiple sources of geospatial information, such as geographic information system data, satellite-provided positioning data, and remotely sensed data, in innovative ways; (3) include funds or in-kind contributions from non-Federal sources; (4) involve the participation of commercial entities that process raw or lightly processed data, often merging that data with other geospatial information, to create data products that have significant value added to the original data; and (5) taken together demonstrate as diverse a set of public sector applications as possible. (c) Opportunities.--In carrying out this section, the Director shall seek opportunities to assist-- (1) in the development of commercial applications potentially available from the remote sensing industry; (2) State, local, regional, and tribal agencies in applying remote sensing and other geospatial information technologies for growth management; and (3) State, local, regional, and tribal agencies in obtaining and utilizing satellite, aviation, and sensor capabilities for wildland fire detection, analysis, and observation. (d) Duration.--Assistance for a pilot project under subsection (a) shall be provided for a period not to exceed 3 years. (e) Report.--Each recipient of a grant under subsection (a) shall transmit a report to the Director on the results of the pilot project within 180 days of the completion of that project. (f) Workshop.--Each recipient of a grant under subsection (a) shall, not later than 180 days after the completion of the pilot project, conduct at least one workshop for potential users to disseminate the lessons learned from the pilot project as widely as feasible. (g) Regulations.--The Director shall issue regulations establishing application, selection, and implementation procedures for pilot projects, and guidelines for reports and workshops required by this section. SEC. 5. PROGRAM EVALUATION. (a) Advisory Committee.--The Director shall establish an advisory committee, consisting of individuals with appropriate expertise in State, local, regional, and tribal agencies, the university research community, and the remote sensing and other geospatial information industry, to monitor the program established under section 4. The advisory committee shall consult with the Federal Geographic Data Committee and other appropriate industry representatives and organizations. Notwithstanding section 14 of the Federal Advisory Committee Act, the advisory committee established under this subsection shall remain in effect until the termination of the program under section 4. (b) Effectiveness Evaluation.--Not later than December 31, 2008, the Director shall transmit to the Congress an evaluation of the effectiveness of the program established under section 4 in exploring and promoting the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs. Such evaluation shall have been conducted by an independent entity. SEC. 6. DATA AVAILABILITY. The Director shall ensure that the results of each of the pilot projects completed under section 4 shall be retrievable through an electronic, Internet-accessible database. SEC. 7. EDUCATION. The Director shall establish an educational outreach program to increase awareness at institutions of higher education and State, local, regional, and tribal agencies of the potential applications of remote sensing and other geospatial information. SEC. 8. COST SENSITIVITY STUDY. The Director shall conduct a study of the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. The study shall identify applications that are likely to be most affected by reductions in the cost of remote sensing imagery. Not later than 2 years after the date of the enactment of this Act, the Director shall transmit to the Congress the results of the study conducted under this section. SEC. 9. REPORT. Not later than 6 months after the date of enactment of this Act, the Director shall submit to the Congress a report on how agencies are implementing the recommendations contained in the September 2003 General Accounting Office report entitled ``Geospatial Information: Technologies Hold Promise for Wildland Fire Management, but Challenges Remain''. SEC. 10. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the United States Geological Survey, $15,000,000 for each of the fiscal years 2005 through 2009 to carry out this Act. | Remote Sensing Applications Act of 2004 - Requires the Director of the U.S. Geological Survey to: (1) establish a program of grants for pilot projects to explore the integrated use of sources of remote sensing and other geospatial information to address State, local, regional, and tribal agency needs; (2) establish an advisory committee to monitor the program; (3) transmit to Congress an independent evaluation of program effectiveness; and (4) ensure that project results are retrievable through an Internet-accessible database. Requires the Director to seek opportunities to assist: (1) in the development of commercial applications potentially available from the remote sensing industry; and (2) State, local, regional, and tribal agencies in applying remote sensing and geospatial information technologies for growth management. Requires the Director to: (1) establish an educational outreach program to increase awareness at institutions of higher education and such agencies of the potential applications of remote sensing and geospatial information; and (2) study the effect of remote sensing imagery costs on potential State, local, regional, and tribal agency applications. |
TO SPECIFY ITS CONSTITUTIONAL AUTHORITY, CURRENT LAW. Chapter 2 of title 1, United States Code, is amended by inserting after section 105 the following: ``Sec. 105a. Text of bill or resolution to specify its constitutional authority ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress shall contain a provision citing the specific powers granted to Congress in the Constitution of the United States to enact the proposed bill or resolution, including all the provisions thereof. ``(2) Failure to comply.--Any bill or resolution not in compliance with subsection (a)(1) shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to any bill or resolution presented for consideration on the floor of either House of Congress, including those bills or resolutions reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress, or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution not complying with subsection (A)(i) shall not be submitted for a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105b. Text of bill or resolution to set forth current law ``(a) Requirement.-- ``(1) In general.--Any bill or resolution introduced in either House of Congress, designed to amend or modify the effect of, or which would have the effect of amending or modifying the effect of, any current provision of law, including the expiration date of any law, shall set forth-- ``(A) the current version of the entire section of the Act of Congress being amended, verbatim; ``(B) the amendments being proposed by the bill; and ``(C) the current section of law as it would read as modified by the amendments proposed, except that this subparagraph shall not apply to any bill or resolution which would strike the text of an entire section of an Act of Congress. ``(2) Failure to comply.--Any bill or resolution not complying with this subsection shall not be accepted by the Clerk of the House of Representatives or the Secretary of the Senate. ``(b) Floor Consideration.-- ``(1) In general.--The requirements of subsection (a)(1) shall apply to all bills or resolutions presented for consideration on the floor of either House of Congress, including those reported from a committee of either House of Congress, produced by conference between the 2 Houses of Congress or offered as a manager's amendment. ``(2) Failure to comply.--Any bill or resolution not complying with this subsection shall not be submitted to a vote on final passage. ``(c) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105c. Procedures prior to vote on bill or resolution ``(a) In General.--A vote on final passage of a bill (except for private bills) or resolution may not occur in either House of Congress, unless-- ``(1) the full text of the bill or resolution is published at least 7 days before the vote on an official Internet website of each House of Congress, easily available to and readily usable by the public, using an open format that is platform independent, machine readable, and available without restrictions respecting searching, retrieval, downloading, and indexing, separate and apart from the calendar of the Senate or the House of Representatives; ``(2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the official Internet website described in paragraph (1) not less than 6 days before the Monday of the calendar week during which the vote is scheduled to take place, with failure to take the vote during the noticed week requiring a new notice; and ``(3) reading of its full text verbatim by the Clerk of the House of Representatives or Secretary of the Senate to the respective body of each House called to order and physically assembled with a constitutionally required quorum to do business being present throughout the time of the full textual reading of said bill, except that if a bill or resolution is enrolled by either House of Congress, for any subsequent consideration of the enrolled bill or resolution-- ``(A) the full text need not be reread before the House of Congress which passed the bill; and ``(B) the full text verbatim of any amendment to the text of the enrolled bill or resolution shall be read. ``(b) Affidavit.-- ``(1) In general.--Before voting in favor of final passage of any bill (except a private bill) or resolution, a Member of the Senate and a Member of the House of Representatives shall sign an affidavit executed under penalty of perjury as provided in section 1621 of title 18, United States Code, that the Member either-- ``(A) was present throughout the entire reading of each such bill or resolution, and listened attentively to such reading in its entirety; ``(B) prior to voting for passage of such bill, read attentively each such bill in its entirety; or ``(C) some combination of clause (i) or (ii). ``(2) Vote against passage.--A Member of the Senate or a Member of the House of Representatives shall not be required to sign an affidavit described in paragraph if the Member votes against the passage of a bill or resolution. ``(3) Records.--Copies of each affidavit described in paragraph (1) signed by a Member of the Senate and a Member of the House of Representatives shall be maintained by the Secretary of the Senate and the Clerk of the House of Representatives, respectively. ``(c) Journal.--With respect to each vote on final passage of a bill (except for a private bill) or resolution, each House of Congress shall cause to be recorded in the journal of its proceedings that the publishing, notice, reading, and affidavit requirements under this section have been met. ``(d) No Waiver or Modification.--Neither House of Congress, nor Congress jointly, by concurrent resolution, or by unanimous consent, or by any other order, resolution, vote, or other means, may dispense with, or otherwise waive or modify, the requirements set forth in this section. ``Sec. 105d. Enforcement clause ``(a) In General.--An Act of Congress that does not comply with sections 105a, 105b, and 105c shall have no force or effect and no legal, equitable, regulatory, civil, or criminal action may be brought under such an Act of Congress. ``(b) Cause of Action.--Without regard to the amount in controversy, a cause of action under sections 2201 and 2202 of title 28, United States Code, against the United States seeking appropriate relief (including an injunction against enforcement of any law, the passage of which did not conform to the requirements of sections 105a, 105b, and 105c) may be brought by-- ``(1) any person aggrieved by any action of any officer or employee in the executive branch of the Federal Government under any Act of Congress that does not comply with sections 105a, 105b, and 105c; ``(2) any Member of Congress aggrieved by the failure of the House of Congress of which the Member is a Member to comply with sections 105a, 105b, and 105c; and ``(3) any person individually aggrieved by the failure of the Senator of the State in which the aggrieved person resides or Member of the House of Representatives for the District in which the aggrieved person resides to fulfill the obligations of the Senator or Member of the House of Representatives under sections 105a, 105b, and 105c.''. SEC. 5. SEVERABILITY CLAUSE. If any provision of this Act or an amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be invalid for any reason in any court of competent jurisdiction, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any other person or circumstance, shall not be affected. | Read the Bills Act - Requires any bill or resolution introduced in either chamber of Congress to contain a provision citing the specific powers granted to Congress in the Constitution to enact the proposed measure, including all of its provisions. Requires any measure introduced in either chamber, designed to amend or modify the effect of, or which would have such an effect, any current provision of law, including its expiration date, to set forth: (1) the current version of the entire section of the Act of Congress being amended, verbatim; (2) the amendments being proposed by the bill; and (3) the current section of law as it would read as modified by such amendments. Excludes measures which would strike the text of an entire section of an Act of Congress. Prohibits the Clerk of the House of Representatives or the Secretary of the Senate from accepting legislation if it is noncompliant with these requirements. Applies such requirements to any legislation presented for consideration on the floor of either chamber. Prohibits any noncompliant measure from being submitted for a vote on final passage. Prohibits either chamber of Congress jointly from waiving or modifying these requirements. Bars a vote on final passage of a measure (except private bills) from occurring in either chamber, unless: (1) the full text of the measure is published at least seven days before the vote on an official website of each chamber, (2) public notice of the specific calendar week during which the vote is scheduled to take place is posted on the respective website within six days before the Monday of such week, and (3) there is a reading of its full text verbatim by the Clerk or the Secretary to the respective chamber. Requires a Member of Congress, before voting in favor of final passage of any measure (except a private bill) to sign an affidavit, executed under penalty of perjury, that the Member either: (1) was present throughout the entire reading of each such measure, and listened attentively to such reading in its entirety; (2) before such vote, read attentively each such bill in its entirety; or (3) did a combination of both. Prohibits either chamber or Congress jointly from waiving or modifying this requirement. Declares that an Act of Congress noncompliant with this Act shall have no force or effect. Bars any legal, equitable, regulatory, civil, or criminal action from being brought under such Act. Grants the following aggrieved individuals the right to bring an action against the United States to seek appropriate relief, including an injunction against the enforcement of any law, the passage of which did not conform to this Act: (1) persons aggrieved by an action of any executive officer or employee, (2) Members of Congress, and (3) persons individually aggrieved by the failure of his or her Senator or Member of the House of Representatives to fulfill their obligation under this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Targeted Gun Dealer Enforcement Act of 1999''. SEC. 2. REGULATION OF LICENSED DEALERS. (a) Prohibition on Straw Purchases.-- (1) In general.--Section 922(a)(6) of title 18, United States Code, is amended by inserting ``, or with respect to the identity of the person in fact purchasing or attempting to purchase such firearm or ammunition,'' before ``under the''. (2) Penalties.--Section 924(a)(3) of title 18, United States Code, is amended by adding at the end the following: ``Notwithstanding the preceding sentence, a violation in relation to section 922(a)(6) or 922(d) by a licensed dealer, licensed importer, licensed manufacturer, or licensed collector shall be subject to the penalties under paragraph (2) of this subsection.''. (b) Notification of State Law Regarding Carrying Concealed Firearms.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) Notification of State Requirements.--It shall be unlawful for a licensed dealer to transfer a firearm to any person, unless the dealer notifies that person whether applicable State law requires persons to be licensed to carry concealed firearms in the State, or prohibits the carrying of concealed firearms in the State.''. (c) Revocation or Suspension of License; Civil Penalties.--Section 923 of title 18, United States Code, is amended by striking subsections (e) and (f) and inserting the following: ``(e) Revocation or Suspension of License; Civil Penalties.-- ``(1) In general.--The Secretary may, after notice and opportunity for hearing-- ``(A) suspend or revoke any license issued under this section, if the holder of such license-- ``(i) willfully violates any provision of this chapter or any rule or regulation prescribed by the Secretary under this chapter; or ``(ii) fails to have secure gun storage or safety devices available at any place in which firearms are sold under the license to persons who are not licensees (except that in any case in which a secure gun storage or safety device is temporarily unavailable because of theft, casualty loss, consumer sales, backorders from a manufacturer, or any other similar reason beyond the control of the licensee, the licensed dealer shall not be considered to be in violation of the requirement to make available such a device); ``(B) suspend or revoke the license issued under this section to a dealer who willfully transfers armor piercing ammunition; and ``(C) assess and collect a civil penalty of not more than $10,000 per violation against any holder of a license, if the Secretary is authorized to suspend or revoke the license of that holder under subparagraph (A) or (B). ``(2) Liability.--The Secretary may at any time compromise, mitigate, or remit the liability with respect to any willful violation of this subsection or any rule or regulation prescribed by the Secretary under this subsection. ``(3) Review.--An action of the Secretary under this subsection may be reviewed only as provided in subsection (f). ``(4) Notification requirement.--Not less than once every 6 months, the Secretary shall notify each licensed manufacturer and each licensed dealer of the name, address, and license number of each dealer whose license was suspended or revoked under this section during the preceding 6-month period. ``(f) Rights of Applicants and Licensees.-- ``(1) In general.--If the Secretary denies an application for, or revokes or suspends a license, or assesses a civil penalty under this section, the Secretary shall provide written notice of such denial, revocation, suspension, or assessment to the affected party, stating specifically the grounds upon which the application was denied, the license was suspended or revoked, or the civil penalty was assessed. Any notice of a revocation or suspension of a license under this paragraph shall be given to the holder of such license before the effective date of the revocation or suspension, as applicable. ``(2) Appeal process.-- ``(A) Hearing.--If the Secretary denies an application for, or revokes or suspends a license, or assesses a civil penalty under this section, the Secretary shall, upon request of the aggrieved party, promptly hold a hearing to review the denial, revocation, suspension, or assessment. A hearing under this subparagraph shall be held at a location convenient to the aggrieved party. ``(B) Notice of decision; appeal.--If, after a hearing held under subparagraph (A), the Secretary decides not to reverse the decision of the Secretary to deny the application, revoke or suspend the license, or assess the civil penalty, as applicable-- ``(i) the Secretary shall provide notice of the decision of the Secretary to the aggrieved party; ``(ii) during the 60-day period beginning on the date on which the aggrieved party receives a notice under clause (i), the aggrieved party may file a petition with the district court of the United States for the judicial district in which the aggrieved party resides or has a principal place of business for a de novo judicial review of such denial, revocation, suspension, or assessment; ``(iii) in any judicial proceeding pursuant to a petition under clause (ii)-- ``(I) the court may consider any evidence submitted by the parties to the proceeding, regardless of whether or not such evidence was considered at the hearing held under subparagraph (A); and ``(II) if the court decides that the Secretary was not authorized to make such denial, revocation, suspension, or assessment, the court shall order the Secretary to take such actions as may be necessary to comply with the judgment of the court. ``(3) Stay pending appeal.--If the Secretary suspends or revokes a license under this section, upon the request of the holder of the license, the Secretary shall stay the effective date of the revocation, suspension, or assessment.''. (d) Effect of Conviction.--Section 925(b) of title 18, United States Code, is amended by striking ``until any conviction pursuant to the indictment becomes final'' and inserting ``until the date of any conviction pursuant to the indictment''. (e) Regulation of High-Volume Crime Gun Dealers.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(8) High-volume crime gun dealers.-- ``(A) Definition.--In this paragraph, the term `high-volume crime gun dealer' means any licensed dealer with respect to which a designation under subparagraph (B)(i) is in effect, as provided in subparagraph (B)(ii). ``(B) Designation of high-volume crime gun dealers.-- ``(i) In general.--The Secretary shall designate a licensed dealer as a high-volume crime gun dealer-- ``(I) as soon as practicable, if the Secretary determines that the licensed dealer sold, delivered, or otherwise transferred to 1 or more persons not licensed under this chapter not less than 25 firearms that, during the preceding calendar year, were used during the commission or attempted commission of a criminal offense under Federal, State, or local law, or were possessed in violation of Federal, State, or local law; or ``(II) immediately upon the expiration date of a suspension of the license of that dealer for a willful violation of this chapter, if such violation involved 1 or more firearms that were subsequently used during the commission or attempted commission of a criminal offense under Federal, State, or local law. ``(ii) Effective period of designation.--A designation under clause (i) shall remain in effect during the period beginning on the date on which the designation is made and ending on the later of-- ``(I) the expiration of the 18-month period beginning on that date; or ``(II) the date on which the license issued to that dealer under this section expires. ``(C) Notification requirement.--Upon the designation of a licensed dealer as a high-volume crime gun dealer under subparagraph (B), the Secretary shall notify the appropriate United States attorney's office, the appropriate State and local law enforcement agencies (including the district attorney's offices and the police or sheriff's departments), and each State and local agency responsible for the issuance of business licenses in the jurisdiction in which the high-volume crime gun dealer is located of such designation. ``(D) Reporting and recordkeeping requirements.-- Notwithstanding any other provision of this paragraph-- ``(i) not later than 10 days after the date on which a handgun is sold, delivered, or otherwise transferred by a high-volume crime gun dealer to a person not licensed under this chapter, the high-volume crime gun dealer shall submit to the Secretary and to the department of State police or State law enforcement agency of the State or local jurisdiction in which the sale, delivery, or transfer took place, on a form prescribed by the Secretary, a report of the sale, delivery, or transfer, which report shall include-- ``(I) the manufacturer or importer of the handgun; ``(II) the model, type, caliber, gauge, and serial number of the handgun; and ``(III) the name, address, date of birth, and height and weight of the purchaser or transferee, as applicable; ``(ii) each high-volume crime gun dealer shall submit to the Secretary, on a form prescribed by the Secretary, a monthly report of each firearm received and each firearm disposed of by the dealer during that month, which report shall include only the name of the manufacturer or importer and the model, type, caliber, gauge, serial number, date of receipt, and date of disposition of each such firearm, except that the initial report submitted by a dealer under this clause shall include such information with respect to the entire inventory of the high-volume crime gun dealer; and ``(iii) a high-volume crime gun dealer may not destroy any record required to be maintained under paragraph (1)(A). ``(E) Inspection.--Notwithstanding paragraph (1), the Secretary may inspect or examine the inventory and records of a high-volume crime gun dealer at any time without a showing of reasonable cause or a warrant for purposes of determining compliance with the requirements of this chapter. ``(F) Recordkeeping by local police departments.-- Notwithstanding paragraph (3)(B), a State or local law enforcement agency that receives a report under subparagraph (D)(i) may retain a copy of that record for not more than 5 years. ``(G) License renewal.--Notwithstanding subsection (d)(2), the Secretary shall approve or deny an application for a license submitted by a high-volume crime gun dealer before the expiration of the 120-day period beginning on the date on which the application is received. ``(H) Effect of failure to comply.-- ``(i) In general.--Notwithstanding subsection (e), the Secretary shall, after notice and an opportunity for a hearing-- ``(I) suspend for not less than 90 days any license issued under this section to a high- volume crime gun dealer who willfully violates any provision of this section (including any requirement of this paragraph); ``(II) revoke any license issued under this section to a high-volume crime gun dealer who willfully violates any provision of this section (including any requirement of this paragraph) and who has committed a prior willful violation of any provision of this section (including any requirement of this paragraph); and ``(III) revoke any license issued under this section to a high-volume crime gun dealer who willfully violates any provision of section 922 or 924. ``(ii) Stay pending appeal.--Notwithstanding subsection (f)(3), the Secretary may not stay the effective date of a suspension or revocation under this subparagraph pending an appeal.''. SEC. 3. ENHANCED ABILITY TO TRACE FIREARMS. (a) Voluntary Submission of Dealer's Records.--Section 923(g)(4) of title 18, United States Code, is amended to read as follows: ``(4) Voluntary submission of dealer's records.-- ``(A) Business discontinued.-- ``(i) Successor.--When a firearms or ammunition business is discontinued and succeeded by a new licensee, the records required to be kept by this chapter shall appropriately reflect that fact and shall be delivered to the successor. Upon receipt of those records, the successor licensee may retain the records of the discontinued business or submit the discontinued business records to the Secretary. ``(ii) No successor.--When a firearms or ammunition business is discontinued without a successor, records required to be kept by this chapter shall be delivered to the Secretary within 30 days after the business is discontinued. ``(B) Old records.--A licensee maintaining a firearms business may voluntarily submit the records required to be kept by this chapter to the Secretary if such records are at least 20 years old. ``(C) State or local requirements.--If State law or local ordinance requires the delivery of records regulated by this paragraph to another responsible authority, the Secretary may arrange for the delivery of records to such other responsible authority.'' (b) Centralization and Maintenance of Records.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(9) Centralization and maintenance of records by secretary.--Notwithstanding any other provision of law, the Secretary-- ``(A) may receive and centralize any information or records submitted to the Secretary under this chapter and maintain such information or records in whatever manner will enable their most efficient use in law enforcement investigations; and ``(B) shall retain a record of each firearms trace conducted by the Secretary, unless the Secretary determines that there is a valid law enforcement reason not to retain the record.''. (c) Licensee Reports of Secondhand Firearms.--Section 923(g) of title 18, United States Code, is amended by adding at the end the following: ``(10) Licensee reports of secondhand firearms.--A licensed importer, licensed manufacturer, and licensed dealer shall submit to the Secretary, on a form prescribed by the Secretary, a monthly report of each firearm received from a person not licensed under this chapter during that month, which report shall not include any identifying information relating to the transferor or any subsequent purchaser.''. SEC. 4. GENERAL REGULATION OF FIREARMS TRANSFERS. (a) Transfers of Crime Guns.--Section 924(h) of title 18, United States Code, is amended by inserting ``or having reasonable cause to believe'' after ``knowing''. (b) Increased Penalties for Trafficking in Firearms With Obliterated Serial Numbers.--Section 924(a) of title 18, United States Code, is amended-- (1) in paragraph (1)(B), by striking ``(k),''; and (2) in paragraph (2), by inserting ``(k),'' after ``(j),''. SEC. 5. AMENDMENT OF FEDERAL SENTENCING GUIDELINES. The United States Sentencing Commission shall amend the Federal sentencing guidelines to reflect the amendments made by this Act. | Targeted Gun Dealer Enforcement Act of 1999 - Amends the Brady Handgun Violence Prevention Act to prohibit, and set penalties for, making certain false or fictitious statements with respect to the identity of the person purchasing or attempting to purchase a firearm or ammunition. Prohibits a licensed dealer from transferring a firearm without notifying the transferee whether applicable State law requires persons to be licensed to carry concealed firearms in the State or prohibits the carrying of concealed firearms in the State. Rewrites Brady Act provisions to allow the Secretary of the Treasury to suspend or revoke a license and to assess and collect a civil penalty of up to $10,000 per violation, subject to specified requirements and procedures. Directs the Secretary to designate a licensed dealer as a "high-volume crime gun dealer": (1) upon determining that the dealer sold, delivered, or otherwise transferred to one or more unlicensed persons at least 25 firearms that, during the preceding calendar year, were used during the commission or attempted commission of a criminal offense under, or were possessed in violation of, Federal, State, or local law; or (2) immediately upon the expiration date of a suspension of that dealer's license for a willful violation that involved one or more firearms that were subsequently used during the commission or attempted commission of a criminal offense under Federal, State, or local law. Sets forth provisions regarding: (1) the effective period of such designation; (2) requirements for designation notification by the Secretary to the appropriate U.S. attorney's office, appropriate State and local law enforcement agencies, and State and local agencies responsible for issuing business licenses in the jurisdiction; (3) dealer reporting and record keeping requirements regarding the transfer of a handgun; (4) inspection of such dealer at any time without a showing of reasonable cause or a warrant for purposes of determining compliance with requirements of this Act; (5) handgun transfer record keeping requirements for local police departments; (6) time requirements for license renewal decisions; and (7) suspension of the license of a high-volume crime gun dealer for violations. Sets penalties for failure to comply with requirements of this Act. (Sec. 3) Amends the Brady Act to authorize a successor licensee to retain the records of a discontinued firearms or ammunition business or submit them to the Secretary. Authorizes the Secretary to receive and centralize any information or records submitted and to maintain such information or records in whatever manner will enable their most efficient use in law enforcement investigations. Directs the Secretary to retain a record of each firearms trace conducted by the Secretary unless the Secretary determines that there is a valid law enforcement reason not to retain the record. Requires a licensed importer, manufacturer, and dealer to submit to the Secretary a monthly report of each firearm received from an unlicensed person, excluding any identifying information relating to the transferor or any subsequent purchaser. (Sec. 4) Prohibits, and sets penalties for, knowingly transferring a firearm having reasonable cause to believe that it will be used to commit a crime of violence or drug trafficking crime. Increases penalties for trafficking in firearms with obliterated serial numbers. (Sec. 5) Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to reflect the amendments made by this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bulletproof Vest Partnership Grant Act of 2000''. SEC. 2. FINDINGS. Congress finds that-- (1) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had the protection of an armor vest; (2) according to studies, between 1985 and 1994, 709 law enforcement officers in the United States were feloniously killed in the line of duty; (3) the Federal Bureau of Investigation estimates that the risk of fatality to law enforcement officers while not wearing an armor vest is 14 times higher than for officers wearing an armor vest; (4) according to studies, between 1985 and 1994, bullet- resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; and (5) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply, despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT ARMOR VESTS. (a) Matching Funds.--Section 2501(f) (42 U.S.C. 3796ll(f)) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking ``The portion'' and inserting the following: ``(1) The portion''; (2) by striking ``subsection (a)'' and all that follows through the period at the end of the first sentence and inserting ``subsection (a)-- ``(A) may not exceed 50 percent; and ``(B) shall equal 50 percent, if-- ``(i) such grant is to a unit of local government with fewer than 100,000 residents; ``(ii) the Director of the Bureau of Justice Assistance determines that the quantity of vests to be purchased with such grant is reasonable; and ``(iii) such portion does not cause such grant to violate the requirements of subsection (e).''; and (3) by striking ``Any funds'' and inserting the following: ``(2) Any funds''. (b) Allocation of Funds.--Section 2501(g) (42 U.S.C. 3796ll(g)) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended to read as follows: ``(g) Allocation of Funds.--Funds available under this part shall be awarded, without regard to subsection (c), to each qualifying unit of local government with fewer than 100,000 residents. Any remaining funds available under this part shall be awarded to other qualifying applicants.''. (c) Applications.--Section 2502 (42 U.S.C. 3796ll-1) of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by inserting after subsection (c) the following new subsection: ``(d) Applications in Conjunction With Purchases.--If an application under this section is submitted in conjunction with a transaction for the purchase of armor vests, grant amounts under this section may not be used to fund any portion of that purchase unless, before the application is submitted, the applicant-- ``(1) receives clear and conspicuous notice that receipt of the grant amounts requested in the application is uncertain; and ``(2) expressly assumes the obligation to carry out the transaction regardless of whether such amounts are received.''. (d) Definition of Armor Vest.--Paragraph (1) of section 2503 (42 U.S.C. 3796ll-2) of such Act is amended-- (1) by striking ``means body armor'' and inserting the following: ``means-- ``(A) body armor''; and (2) by inserting after the semicolon at the end the following: ``or ``(B) body armor which has been tested through such voluntary compliance testing program, and found to meet or exceed the requirements of NIJ Standard 0115.00, or any subsequent revision of such standard;''. (e) Interim Definition of Armor Vest.--For purposes of part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended by this Act, the meaning of the term ``armor vest'' (as defined in section 2503 of such Act (42 U.S.C. 37966ll-2)) shall, until the date on which a final NIJ Standard 0115.00 is first fully approved and implemented, also include body armor which has been found to meet or exceed the requirements for protection against stabbing established by the State in which the grantee is located. (f) Authorization of Appropriations.--Section 1001(a)(23) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(23)) is amended by striking the period at the end and inserting the following: ``, and $50,000,000 for each of fiscal years 2002 through 2004.''. Passed the House of Representatives July 26, 2000. Attest: JEFF TRANDAHL, Clerk. | Directs that: (1) funds available be awarded, without regard to specified "preferential consideration" provisions, to each qualifying unit of local government with fewer than 100,000 residents; and (2) any remaining funds available be awarded to other qualifying applicants.Provides that if an application is submitted in conjunction with a transaction for the purchase of armor vests, grant amounts may not be used to fund any portion of that purchase unless, before the application is submitted, the applicant: (1) receives clear and conspicuous notice that receipt of the grant amounts requested in the application is uncertain; and (2) expressly assumes the obligation to carry out the transaction regardless of whether such amounts are received.Redefines "armor vest" to include body armor which has been tested through a specified voluntary compliance testing program and found to meet or exceed the requirements of NIJ Standard 0115.00, or any subsequent revision of such standard. Directs that, until the date on which such standard is first fully approved and implemented, such term shall also include body armor which has been found to meet or exceed the requirements for protection against stabbing established by the State in which the grantee is located.Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Prevent Terrorists from Reuniting with Terrorist Cells Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Congress passed the Authorization to use Military Force in the wake of the devastating attacks on United States soil on September 11, 2001. (2) Many persons captured during Operation Enduring Freedom and otherwise were transferred to Naval Station, Guantanamo Bay, Cuba (hereinafter in this section referred to as ``Guantanamo Bay''). (3) The detention facility at Guantanamo Bay is the only complex in the world that can safely hold individuals that pose a high-security risk to the United States. (4) Such facility is a secure location away from population centers, provides maximum security required to prevent escape, provides multiple levels of confinement opportunities based on compliance of the detainee, and provides medical care not available to a majority of the population of the world. (5) As of the date of the enactment of this Act, there are 198 individuals detained at Guantanamo Bay. (6) These detainees include terrorist trainers, terrorist financiers, bomb makers, Osama bin Laden's bodyguards, terrorist recruiters and facilitators, and would-be suicide bombers. (7) Detainees remaining at Guantanamo Bay fall into the following three categories: (A) Detainees who have been cleared for release, but for whom the United States has not been able to find a foreign country willing to accept them. (B) Detainees who have been tried, had charges referred to trial, or are awaiting for referral to trial, including for alleged violations of the law of war. (C) Detainees who either pose a high threat to the United States or who have been placed in preventive detention to stop them from returning to the battlefield. (8) Although 779 individuals have been transferred to Guantanamo Bay since early 2002, the substantial majority of Guantanamo Bay detainees have ultimately been transferred to a third country for continued detention or release. (9) Since 2002, of the 779 total detainees, more than 550 have departed Guantanamo Bay for other countries, including Albania, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Denmark, Egypt, France, Iran, Iraq, Jordan, Kuwait, Kazakhstan, Libya, Maldives, Mauritania, Morocco, Pakistan, Qatar, Russia, Saudi Arabia, Spain, Sweden, Sudan, Tajikistan, Turkey, Uganda, the United Kingdom, United States, and Yemen. (10) In the Department of State publication entitled ``Country Reports on Terrorism 2008'', printed on April 30, 2009, there are listed 22 nations and regions that are considered to be terrorist safe havens and 4 nations considered to be state sponsors of terrorism. (11) As of the date of the enactment of this Act, individuals who were detained at Guantanamo Bay have been transferred for detention or release to 4 of the 22 regions or nations considered terrorist safe havens and 2 of the 4 nations listed as State Sponsors of terrorism. (12) Iraq is recognized as a nation with terrorist activity by the Department of State, and at least 7 individuals who were detained at Guantanamo Bay have been transferred to or released into Iraq. (13) Afghanistan is recognized as a terrorist safe haven by the Department of State, and at least 199 individuals who were detained at Guantanamo Bay have been transferred to or released into Afghanistan. (14) Pakistan is recognized as a terrorist safe haven by the Department of State, and at least 63 individuals who were detained at Guantanamo Bay have been transferred to or released into Pakistan. (15) Iran is recognized as ``the most active state sponsor of terrorism'' by the Department of State, and at least 2 individuals who were detained at Guantanamo Bay have been transferred to or released into Iran. (16) Sudan is recognized as a state sponsor of terrorism by the Department of State, and at least 9 individuals who were detained at Guantanamo Bay have been transferred to or released into Sudan. (17) Yemen is recognized as a terrorist safe haven by the Department of State, and at least 21 individuals who were detained at Guantanamo Bay have been transferred to or released into Yemen. (18) There are approximately 90 Yemeni nationals who are detained at Guantanamo Bay as of the date of the enactment of this Act, approximately 45 of which have been qualified for repatriation. (19) Said Ali al-Shihri, who is suspected of involvement in the bombing of the United States Embassy in Yemen on September 17, 2008, was released from detention at Guantanamo Bay to Saudi Arabia in 2007, passed through a Saudi rehabilitation program, and has resurfaced as the new deputy leader of al Qaeda in Yemen. (20) On December 25, 2009, there was an attempted terrorist attack on American soil when Umar Farouk Abdulmutallab detonated an explosive device that fortunately malfunctioned. (21) Al Qaeda in Yemen has declared that it trained Abdulmutallab, who now has sworn charges against him, in terrorist activity. (22) Although President Obama has temporarily halted the transfer of Guantanamo Bay detainees to Yemen, detainees are still permitted to be transferred to other nations recognized by the Department of State as being complicit in terrorist activity, being that they are terrorist safe havens or state sponsors of terrorism. (23) According to the Department of Defense special report entitled ``Ex-Guantanamo Detainees Who Have Returned to the Fight'' published on April 7, 2009, 14 percent of the former Guantanamo Bay detainees have been confirmed or suspected of reengaging in terrorist activities. (24) The special report also says ``of the more than 530 Guantanamo detainees transferred from Department of Defense custody at Guantanamo Bay, 27 were confirmed and 47 were suspected of reengaging in terrorist activity. Between December 2008 and March 2009, nine detainees were added to the confirmed list, six of whom were previously on the suspected list.''. (25) It has been reported that the recidivism rate for Guantanamo Bay detainees that have been transferred or released from the detention facility at Guantanamo Bay, Cuba, has risen from 14 percent to 20 percent since the special report was published. (26) The threat to the national security interests of the United States and the welfare of its people is at a greater risk when Guantanamo Bay detainees are transferred or released into nations recognized as terrorist safe havens or state sponsors of terrorism. (27) The world is globally connected and mobile and allows for the transport of individuals across national and international boundaries with minimal or no supervision. SEC. 3. LIMITATION ON TRANSFER AND RELEASE OF INDIVIDUALS DETAINED AT NAVAL STATION, GUANTANAMO BAY, CUBA. No individual who is detained at Naval Station, Guantanamo Bay, Cuba, as of the date of the enactment of this Act, may be transferred or repatriated, for the purposes of release or detention, into a nation or region that is recognized by the Department of State or the Department of Defense as a haven of any manner, kind, or fashion for terrorist activity or that has been classified as a state sponsor of terrorism. | Prevent Terrorists from Reuniting with Terrorist Cells Act - Prohibits the transfer or repatriation for release or detention of any individual detained at Naval Station, Guantanamo Bay, Cuba, to a nation or region that is recognized by the Department of State or the Department of Defense (DOD) as a haven for terrorist activity or that has been classified as a state sponsor of terrorism. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Governmental Pension Plan Equalization Act of 2003''. SEC. 2. CLARIFICATION OF ``GOVERNMENTAL PLAN'' DEFINITIONS. (a) Amendment to Internal Revenue Code of 1986.--Section 414(d) of the Internal Revenue Code of 1986 (definition of governmental plan) is amended by adding at the end thereof the following new sentence: ``The term `governmental plan' also includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40)), a subdivision of an Indian tribal government (determined in accordance with section 7871(d)), an agency or instrumentality of an Indian tribal government or a subdivision thereof, or an entity established under tribal, Federal, or State law which is wholly owned or controlled by any of the foregoing.''. (b) Amendment to Employee Retirement Income Security Act of 1974.-- Section 3(32) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(32)) is amended by adding at the end the following new sentence: ``The term `governmental plan' also includes a plan established or maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency or instrumentality of an Indian tribal government or subdivision thereof, or an entity established under tribal, Federal, or State law which is wholly owned or controlled by any of the foregoing.''. SEC. 3. EXTENSION TO ALL GOVERNMENTAL PLANS OF CURRENT MORATORIUM ON APPLICATION OF CERTAIN NONDISCRIMINATION RULES APPLICABLE TO STATE AND LOCAL PLANS. (a) In General.-- (1) Subparagraph (G) of section 401(a)(5) and subparagraph (H) of section 401(a)(26) of the Internal Revenue Code of 1986 are each amended by striking ``section 414(d))'' and all that follows and inserting ``section 414(d)).''. (2) Subparagraph (G) of section 401(k)(3) of such Code and paragraph (2) of section 1505(d) of the Taxpayer Relief Act of 1997 are each amended by striking ``maintained by a State or local government or political subdivision thereof (or agency or instrumentality thereof)''. (b) Conforming Amendments.-- (1) The heading for section 401(a)(5)(G) of such Code is amended to read as follows: ``(G) Governmental plans.--''. (2) The heading for section 401(a)(26)(H) of such Code is amended to read as follows: ``(H) Exception for governmental plans.--''. (3) Section 401(k)(3)(G) of such Code is amended by inserting ``Governmental plan.--'' after ``(G)''. SEC. 4. CLARIFICATION THAT TRIBAL GOVERNMENTS ARE SUBJECT TO THE SAME DEFINED BENEFIT PLAN RULES AND REGULATIONS APPLIED TO STATE AND OTHER LOCAL GOVERNMENTS, THEIR POLICE AND FIREFIGHTERS. (a) Amendments to Internal Revenue Code of 1986.-- (1) Police and firefighters.--Subparagraph (H) section 415(b)(2) of the Internal Revenue Code of 1986 (defining participant) is amended-- (A) in clause (i) by inserting ``, Indian tribal government (as defined in section 7701(a)(40)),'' after ``State'', and (B) in clause (ii)(I) by inserting ``, Indian tribal government,'' after ``State'' both places it appears. (2) State and local government plans.-- (A) In general.--Subparagraph (A) of section 415(b)(10) of such Code (relating to limitation to equal accrued benefit) is amended by inserting ``, Indian tribal government (as defined in section 7701(a)(40)),'' after ``State''. (B) Conforming amendment.--The heading for section 415(b)(10) of such Code is amended to read as follows: ``(10) Special rule for state, indian tribal, and local government plans.--''. (3) Government pick up contributions.--Paragraph (2) of section 414(h) of such Code (relating to designation by units of government) is amended by inserting ``, Indian tribal government (as defined in section 7701(a)(40)),'' after ``State''. (b) Amendments to Employee Retirement Income Security Act of 1974.--Section 4021(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1321(b)) is amended-- (1) in paragraph (12), by striking ``or'' at the end; (2) in paragraph (13), by striking ``plan.'' and inserting ``plan; or''; and (3) by adding at the end the following new paragraph: ``(14) established and maintained for its employees by an Indian tribal government (as defined in section 7701(a)(40) of the Internal Revenue Code of 1986), a subdivision of an Indian tribal government (determined in accordance with section 7871(d) of such Code), an agency or instrumentality of an Indian tribal government or subdivision thereof, or an entity established under tribal, Federal, or State law which is wholly owned or controlled by any of the foregoing.''. SEC. 5. EFFECTIVE DATE. The amendments made by this Act shall apply to years beginning before, on, or after the date of the enactment of this Act. | Governmental Pension Plan Equalization Act of 2003 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to specify that rules for governmental plans also apply to plans established for their employees by Indian tribal governments or their subdivisions, agencies, instrumentalities, or entities which they wholly-own or control. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Medicare Investments for Seniors Everywhere Act (ProMISE Act)''. SEC. 2. ADDITIONAL REIMBURSEMENTS FOR MEDICARE PROVIDERS IN LOW- REIMBURSEMENT STATES. Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``additional reimbursements for providers in low-reimbursement states ``Sec. 1897. (a) Additional Reimbursement.-- ``(1) In general.--Subject to section 1898(c), in the case of an affected health care provider (as defined in subsection (c)) that is located in a low-reimbursement State (as defined in subsection (b)) and that furnishes items or services for which payment may be made under part A or part B, in addition to the amount otherwise paid under such part, there also shall be paid to the provider under such part from the Federal Hospital Insurance Trust Fund (in the case of payments under part A) or from the Federal Supplementary Medical Insurance Fund (in the case of payments under part B) an amount equal to the payment adjustment percentage (specified in paragraph (2)) of the payment amount for the service under such part. ``(2) Payment adjustment percentage.--In the case of a provider located in a State for which the medicare reimbursement ratio-- ``(A) is at least 94 percent, the payment adjustment percentage is 1 percent; ``(B) is at least 93 percent, but less than 94 percent, the payment adjustment percentage is 2 percent; ``(C) is at least 92 percent, but less than 93 percent, the payment adjustment percentage is 3 percent; ``(D) is at least 91 percent, but less than 92 percent, the payment adjustment percentage is 4 percent; or ``(E) is less than 91 percent, the payment adjustment percentage is 5 percent. ``(b) Low-Reimbursement State; Medicare Reimbursement Ratio Defined.--For purposes of this section: ``(1) Low-reimbursement state.--The term `low-reimbursement State' means one of the 50 States or the District of Columbia in which the medicare reimbursement ratio (as defined in paragraph (2)) is less than 95 percent. ``(2) Medicare reimbursement ratio.--The term `medicare reimbursement ratio' means, with respect to a State or the District of Columbia, the ratio (expressed as a percentage) of-- ``(A) the adjusted average per capita cost (as determined under section 1876(a)(4)) for benefits under parts A and B of this title (without regard to any payment under this section) in the State or District; to ``(B) the United States per capita cost (as so determined) for the 50 States and the District of Columbia. ``(c) Affected Health Care Providers Covered.--For purposes of this section the term `affected health care provider' means a facility or professional that is within one of the following classes of health care providers or organizations: ``(1) Hospitals. ``(2) Physicians. ``(3) Skilled nursing facilities. ``(4) Home health agencies. ``(5) Medicare+Choice organizations offering Medicare+Choice plans. ``(d) Effective Period.--This section shall apply to payments-- ``(1) for hospitals, skilled nursing facilities, and home health agencies, for fiscal years beginning with fiscal year 2004; or ``(2) for physicians and Medicare+Choice organizations, for calendar years beginning with 2004. ``(e) Relation to Managed Care: Avoiding Duplication of Increases.--Payments under this section to affected health care providers other than Medicare+Choice organizations in an area shall not be taken into account for purposes of applying part C in that area.''. SEC. 3. MEDICARE FINANCIAL INCENTIVE PROGRAM FOR HIGH QUALITY, LOW-COST HEALTH CARE. Title XVIII of the Social Security Act is further amended by adding at the end the following new section: ``financial incentive program for high quality, low-cost health care ``Sec. 1898. (a) Ranking of States by Quality and Cost.-- ``(1) In general.--The Secretary shall provide for the ranking of States on measures of both quality and cost of health care services under this title. ``(2) Process.-- ``(A) In general.--Within 1 year after the date of the enactment of this section, the Secretary shall submit to Congress a proposal for establishing such measures of quality. The Secretary shall consult with stakeholders in developing such proposal. ``(B) Action.--If the Congress does not enact a law within 90 legislative days after receiving such proposal, the proposal shall become effective. ``(3) Cost.--In developing the measure based on cost, the Secretary shall rely on the Secretary's measure of average medicare spending per recipient in each State. ``(4) Annual evaluations.--The Secretary shall conduct annually evaluations of States quality and cost of health care services under this title. ``(b) Additional Bonus Payment.-- ``(1) In general.--Subject to subsection (c), in the case of a hospital or physician that is located in a State that is ranked under subsection (a) among the top quartile of States in quality and cost and that furnishes items or services for which payment may be made under part A or part B, in addition to the amount otherwise paid under such part, there also shall be paid to the provider under such part from the Federal Hospital Insurance Trust Fund (in the case of payments under part A) or from the Federal Supplementary Medical Insurance Fund (in the case of payments under part B) an amount equal to 5 percent of the payment amount for the service under such part. ``(2) Authority to cover other providers.--The Secretary may expand paragraph (1) to apply to other health care providers and practitioners under this title, but shall not effect such an expansion without reporting to Congress. ``(c) Aggregate Percentage Adjustment Limitation.--In no case shall the sum of the percentage increase under subsection (b) and the payment adjustment percentage under section 1897(a)(2) with respect to a State exceed 100 percent minus the medicare reimbursement ratio (as defined in section 1897(b)(2)) for that State. Any such percentage increase or adjustment shall be reduced on a pro-rata basis to the extent required to comply with the previous sentence.''. | Protecting Medicare Investments for Seniors Everywhere Act (ProMISE Act) - Amends title XVIII (Medicare) of the Social Security Act to provide for: (1) additional reimbursements for Medicare providers in low-reimbursement States (where the Medicare reimbursement ratio of the adjusted average State per capita cost for part A and partr B benefits to the U.S. per capita cost is under 95 percent); and (2) a financial incentive program of bonus payments to providers in States with high quality, low-cost health care. |
SECTION 1. SHORT TITLE. This Act may be cited as ``Tim Fagan's Law'' or the ``Counterfeit Drug Enforcement Act of 2005''. SEC. 2. SALE OR TRADE OF PRESCRIPTION DRUGS KNOWINGLY CAUSED TO BE ADULTERATED OR MISBRANDED; MISREPRESENTATION AS APPROVED DRUGS. (a) Criminal Penalty.--Section 303(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333(a)) is amended by adding at the end the following paragraphs: ``(3) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(a), 301(b), or 301(c) with respect to a drug that is subject to section 503(b)(1)(B), if the person knowingly caused the drug to be adulterated or misbranded and sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be adulterated or misbranded, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both. ``(4) Notwithstanding paragraph (1) or (2), in the case of a person who violates section 301(d) with respect to a drug, if the person caused the drug to be misrepresented as a drug that is subject to section 503(b)(1)(B) and for which an approved application is in effect under section 505 and the person sells or trades the drug, or the person purchases or trades for the drug knowing or having reason to know that the drug was knowingly caused to be so misrepresented, the person shall be fined in accordance with title 18, United States Code, or imprisoned for any term of years or for life, or both.''. (b) Notification of Food and Drug Administration by Manufacturers.--Section 505(k) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(k)) is amended by adding at the end the following paragraph: ``(3) A manufacturer of a drug that receives or otherwise becomes aware of information that reasonably suggests that a violation described in paragraph (3) or (4) of section 303(a) may have occurred with respect to the drug shall report such information to the Secretary not later than 48 hours after first receiving or otherwise becoming aware of the information.''. SEC. 3. USE OF TECHNOLOGIES FOR PREVENTING COUNTERFEITING OF DRUGS. Section 502 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the following: ``(x) If it is a drug and it is not manufactured in accordance with any regulations of the Secretary requiring the use of technologies that the Secretary has determined are technically feasible and will assist in preventing violations of this Act to which paragraphs (3) and (4) of section 303(a) apply (relating to the knowing adulteration or misbranding of drugs and the knowing misrepresentation of drugs).''. SEC. 4. WHOLESALE DISTRIBUTION OF DRUGS; STATEMENTS REGARDING PRIOR SALE, PURCHASE, OR TRADE. (a) Striking of Exemptions for Manufacturers and Authorized Distributors of Record.--Section 503(e) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(e)) is amended-- (1) in paragraph (1)-- (A) by striking ``and who is not the manufacturer or an authorized distributor of record of such drug''; (B) by striking ``to an authorized distributor of record or''; and (C) by striking subparagraph (B) and inserting the following: ``(B) The Secretary shall by regulation establish requirements that supersede subparagraph (A) (referred to in this subparagraph as `alternative requirements') to identify the chain of custody of a drug subject to subsection (b) from the manufacturer of the drug throughout the wholesale distribution of the drug to a pharmacist who intends to sell the drug at retail if the Secretary determines that-- ``(i) the alternative requirements, which may include standardized anti-counterfeiting or track-and-trace technologies, will identify such chain of custody or the identity of the discrete package of the drug from which the drug is dispensed with equal or greater certainty to the requirements of subparagraph (A); and ``(ii) the alternative requirements are economically and technically feasible.''; and (2) in paragraph (3), by striking ``and subsection (d)--'' in the matter preceding subparagraph (A) and all that follows through ``the term `wholesale distribution' means'' in subparagraph (B) and inserting the following: ``and subsection (d), the term `wholesale distribution' means''. (b) Conforming Amendment.--Section 503(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(d)) is amended by adding at the end the following: ``(4) Each manufacturer of a drug subject to subsection (b) shall maintain at its corporate offices a current list of the authorized distributors of record of such drug. ``(5) For purposes of this subsection, the term `authorized distributors of record' means any distributor that a manufacturer designates as an authorized distributor of record and whose name the manufacturer makes publicly available.''. (c) Effective Date.-- (1) In general.--The amendments made by subsections (a) and (b) shall take effect on January 1, 2010. (2) High-risk drugs.-- (A) In general.--Notwithstanding paragraph (1), the Secretary of Health and Human Services (referred to in this section as the ``Secretary'') may apply the amendments made by subsections (a) and (b) before January 1, 2010, with respect to a prescription drug if the Secretary-- (i) determines that the drug is at high risk for being counterfeited; and (ii) publishes the determination and the basis for the determination in the Federal Register. (B) Pedigree not required.--Notwithstanding a determination under subparagraph (A) with respect to a prescription drug, the amendments described in such subparagraph shall not apply with respect to a wholesale distribution of such drug if the drug is distributed by the manufacturer of the drug to a person that distributes the drug to a retail pharmacy for distribution to the consumer or patient, with no other intervening transactions. (C) Limitation.--The Secretary may make the determination under subparagraph (A) with respect to not more than 50 drugs before January 1, 2010. (3) Alternative requirements.--The Secretary shall issue regulations to establish the alternative requirements, referred to in the amendment made by subsection (a)(1), that take effect not later than-- (A) January 1, 2008, with respect to a prescription drug determined under paragraph (2)(A) to be at high risk for being counterfeited; and (B) January 1, 2010, with respect to all other prescription drugs. (4) Intermediate requirements.--With respect to the prescription drugs described under paragraph (3)(B), the Secretary shall by regulation require the use of standardized anti-counterfeiting or track-and-trace technologies on such prescription drugs at the case and pallet level effective not later than January 1, 2008. SEC. 5. COUNTERFEIT DRUGS; INCREASED FUNDING FOR INSPECTIONS, EXAMINATIONS, AND INVESTIGATIONS. For the purpose of increasing the capacity of the Food and Drug Administration to conduct inspections, examinations, and investigations under the Federal Food, Drug, and Cosmetic Act with respect to violations described in paragraphs (3) and (4) of section 303(a) of such Act (as added by this Act), there is authorized to be appropriated $60,000,000 for each of the fiscal years 2006 through 2010, in addition to other authorizations of appropriations that are available for such purpose. SEC. 6. PUBLIC EDUCATION REGARDING COUNTERFEIT DRUGS. (a) In General.--The Secretary of Health and Human Services shall carry out a program to educate the public and health care professionals on counterfeit drugs, including techniques to identify drugs as counterfeit. (b) Authorization of Appropriations.--For the purpose of carrying out subsection (a), there is authorized to be appropriated $5,000,000 for each of the fiscal years 2006 through 2010, in addition to other authorizations of appropriations that are available for such purpose. SEC. 7. RECALL AUTHORITY REGARDING DRUGS. Subchapter A of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 351 et seq.) is amended by inserting after section 506C the following: ``SEC. 506D. RECALL AUTHORITY. ``(a) Order To Cease Distribution of Drug; Notification of Health Professionals.-- ``(1) In general.--If the Secretary finds that there is a reasonable probability that a drug intended for human use would cause serious, adverse health consequences or death, the Secretary shall issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug)-- ``(A) to immediately cease distribution of the drug; and ``(B) to immediately notify health professionals of the order and to instruct such professionals to cease administering or prescribing the drug. ``(2) Informal hearing.--An order under paragraph (1) shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than 10 days after the date of the issuance of the order, on the actions required by the order and on whether the order should be amended to require a recall of the drug involved. If, after providing an opportunity for such a hearing, the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(b) Order To Recall Drug.-- ``(1) In general.--If, after providing an opportunity for an informal hearing under subsection (a)(2), the Secretary determines that the order should be amended to include a recall of the drug with respect to which the order was issued, the Secretary shall, except as provided in paragraphs (2) and (3), amend the order to require a recall. The Secretary shall specify a timetable in which the drug recall will occur and shall require periodic reports to the Secretary describing the progress of the recall. ``(2) Certain actions.--An amended order under paragraph (1)-- ``(A) shall not include recall of a drug from individuals; and ``(B) shall provide for notice to individuals subject to the risks associated with the use of the drug. ``(3) Assistance of health professionals.--In providing the notice required by paragraph (2)(B), the Secretary may use the assistance of health professionals who administered the drug involved to individuals or prescribed the drug for individuals. If a significant number of such individuals cannot be identified, the Secretary shall notify such individuals pursuant to section 705(b).''. SEC. 8. AUTHORITY TO ISSUE SUBPOENAS WITH RESPECT TO PREVENTING THREATS TO THE PUBLIC HEALTH. Section 303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 333) is amended by adding at the end the following subsection: ``(g) The Secretary and the Attorney General shall develop and implement a procedure through which the Chief Counsel in the Food and Drug Administration is authorized to issue subpoenas regarding investigations under this Act of acts or omissions that may constitute a threat to the public health, including investigations of alleged violations to which paragraph (3) or (4) of subsection (a) apply and alleged violations with respect to which the Secretary is considering the use of authorities under section 304.''. | Tim Fagan's Law or the Counterfeit Drug Enforcement Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to establish a criminal fine and/or imprisonment for a person who: (1) knowingly causes a prescription drug to be adulterated, misbranded, or misrepresented as an approved prescription drug and sells or trades the drug; or (2) purchases or trades for such drug knowing or having reason to know that the drug was knowingly adulterated, misbranded, or misrepresented. Requires a manufacturer of a drug to notify the Secretary of Health and Human Services within 48 hours after first receiving or becoming aware of information that reasonably suggests that such a violation may have occurred. Deems a drug to be misbranded if it is not manufactured in accordance with the use of technologies that the Secretary determines are technically feasible and will assist in preventing such violations. Requires the Secretary to establish alternative requirements to the extent that such requirements provide greater certainty on the chain of custody and are economically and technically feasible. Increases funding for Food and Drug Administration (FDA) inspections, examinations, and investigations. Requires the Secretary to educate the public and health care professionals on counterfeit drugs. Directs the Secretary: (1) upon a finding of reasonable probability that a drug intended for human use would cause serious health consequences or death, to issue an order requiring the appropriate person (including the manufacturers, importers, distributors, or retailers of the drug) to cease distribution of the drug and to notify and instruct health professionals to cease administering or prescribing the drug; and (2) amend the order to include a recall if necessary. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Marriage Penalty Relief Act''. SEC. 2. COMBINED RETURN TO WHICH UNMARRIED RATES APPLY. (a) In General.--Subpart B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to income tax returns) is amended by inserting after section 6013 the following new section: ``SEC. 6013A. COMBINED RETURN WITH SEPARATE RATES. ``(a) General Rule.--A husband and wife may make a combined return of income taxes under subtitle A under which-- ``(1) a separate taxable income is determined for each spouse by applying the rules provided in this section, and ``(2) the tax imposed by section 1 is the aggregate amount resulting from applying the separate rates set forth in section 1(c) to each such taxable income. ``(b) Treatment of Income.--For purposes of this section-- ``(1) earned income (within the meaning of section 911(d)), and any income received as a pension or annuity which arises from an employer-employee relationship, shall be treated as the income of the spouse who rendered the services, ``(2) income from property shall be divided between the spouses in accordance with their respective ownership rights in such property (equally in the case of property held jointly by the spouses), and ``(3) any exclusion from income shall be allowable to the spouse with respect to whom the income would be otherwise includible. ``(c) Treatment of Deductions.--For purposes of this section-- ``(1) except as otherwise provided in this subsection, the deductions described in section 62(a) shall be allowed to the spouse treated as having the income to which such deductions relate, ``(2) the deductions allowable by section 151(b) (relating to personal exemptions for taxpayer and spouse) shall be determined by allocating 1 personal exemption to each spouse, ``(3) section 63 shall be applied as if such spouses were not married, except that the election whether or not to itemize deductions shall be made jointly by both spouses and apply to each, and ``(4) each spouse's share of all other deductions shall be determined by multiplying the aggregate amount thereof by the fraction-- ``(A) the numerator of which is such spouse's gross income, and ``(B) the denominator of which is the combined gross incomes of the 2 spouses. Any fraction determined under paragraph (4) shall be rounded to the nearest percentage point. ``(d) Treatment of Credits.--For purposes of this section-- ``(1) In general.--Except as provided in paragraph (2), each spouse's share of credits allowed to both spouses shall be determined by multiplying the aggregate amount of the credits by the fraction determined under subsection (c)(4). ``(2) Earned income credit.--The earned income credit under section 32 shall be determined as if each spouse were a separate taxpayer, except that-- ``(A) the earned income and the modified adjusted gross income of each spouse shall be determined under the rules of subsections (b), (c), and (e), and ``(B) qualifying children shall be allocated between spouses proportionate to the earned income of each spouse (rounded to the nearest whole number). ``(e) Special Rules Regarding Income Limitations.-- ``(1) Exclusions and deductions.--For purposes of making a determination under subsection (b) or (c), any eligibility limitation with respect to each spouse shall be determined by taking into account the limitation applicable to a single individual. ``(2) Credits.--For purposes of making a determination under subsection (d)(1), in no event shall an eligibility limitation for any credit allowable to both spouses be less than twice such limitation applicable to a single individual. ``(f) Special Rules for Alternative Minimum Tax.--If a husband and wife elect the application of this section-- ``(1) the tax imposed by section 55 shall be computed separately for each spouse, and ``(2) for purposes of applying section 55-- ``(A) the rules under this section for allocating items of income, deduction, and credit shall apply, and ``(B) the exemption amount for each spouse shall be the amount determined under section 55(d)(1)(B). ``(g) Treatment as Joint Return.--Except as otherwise provided in this section or in the regulations prescribed hereunder, for purposes of this title (other than sections 1 and 63(c)) a combined return under this section shall be treated as a joint return. ``(h) Phase-In of Benefit.-- ``(1) In general.--In the case of any taxable year beginning before January 1, 2004, the tax imposed by section 1 or 55 shall in no event be less than the sum of-- ``(A) the tax determined after the application of this section, plus ``(B) the applicable percentage of the excess of-- ``(i) the tax determined without the application of this section, over ``(ii) the amount determined under subparagraph (A). ``(2) Applicable percentage.--For purposes of paragraph (1), the applicable percentage shall be determined in accordance with the following table: The applicable ``For taxable years beginning in: percentage is: 2002.......................................... 50 2003.......................................... 10. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this section.''. (b) Unmarried Rate Made Applicable.--So much of subsection (c) of section 1 of the Internal Revenue Code of 1986 as precedes the table is amended to read as follows: ``(c) Separate or Unmarried Return Rate.--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a return which is not a combined return under section 6013A, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table:''. (c) Penalty for Substantial Understatement of Income From Property.--Section 6662 of the Internal Revenue Code of 1986 (relating to imposition of accuracy-related penalty) is amended-- (1) by adding at the end of subsection (b) the following: ``(6) Any substantial understatement of income from property under section 6013A.'', and (2) by adding at the end the following new subsection: ``(i) Substantial Understatement of Income From Property Under Section 6013A.--For purposes of this section, there is a substantial understatement of income from property under section 6013A if-- ``(1) the spouses electing the treatment of such section for any taxable year transfer property from 1 spouse to the other spouse in such year, ``(2) such transfer results in reduced tax liability under such section, and ``(3) the significant purpose of such transfer is the avoidance or evasion of Federal income tax.''. (d) Protection of Social Security and Medicare Trust Funds.-- (1) In general.--Nothing in this section shall be construed to alter or amend the Social Security Act (or any regulation promulgated under that Act). (2) Transfers.-- (A) Estimate of secretary.--The Secretary of the Treasury shall annually estimate the impact that the enactment of this section has on the income and balances of the trust funds established under sections 201 and 1817 of the Social Security Act (42 U.S.C. 401 and 1395i). (B) Transfer of funds.--If, under subparagraph (A), the Secretary of the Treasury estimates that the enactment of this section has a negative impact on the income and balances of such trust funds, the Secretary shall transfer, not less frequently than quarterly, from the general revenues of the Federal Government an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of the enactment of this section. (e) Clerical Amendment.--The table of sections for subpart B of part II of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6013 the following: ``Sec. 6013A. Combined return with separate rates.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Marriage Penalty Relief Act - Amends the Internal Revenue Code (the Code) to permit a husband and wife to make a combined return of income taxes under which: (1) a separate taxable income is determined for each spouse by applying the rules provided in this Act; and (2) the tax imposed by section 1 (tax rates on individuals) of the Code is the aggregate amount resulting from applying the separate rates set forth in section 1(c) (rates applicable to unmarried individuals) to each such taxable income. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Crisis Policy Commission Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds that-- (1) the people of the United States will find it increasingly difficult to pay for their medical care if the cost of such care continues to increase; (2) in 1988, an estimated 37,000,000 individuals in the United States lacked health insurance and another 50,000,000 were underinsured, leading to high levels of uncompensated medical care; (3) there exists a tremendous need in the United States for access to basic medical care services; (4) as the average age of individuals in the United States increases, there will be a growing demand for health care; (5) in 1988, the average cost of a stay of 1 year in a long-term health care facility was $25,000; (6) adequate long-term health care insurance is unavailable; (7) the medical care system of the Department of Veterans Affairs is not adequate to deal with the health care needs of American veterans; (8) 11 percent of the gross national product of the United States is made up of spending for medical care; (9) medical malpractice tort reform is necessary because the high cost of malpractice insurance inflates medical costs; (10) there is a shortage of prenatal, infant delivery, and well-baby care services in the United States even though it has been proven that such services reduce medical costs over the long term; (11) a large percentage of health care expenditures are made for extraordinary medical procedures performed near the end of individuals' lives rather than for preventative measures early in their lives; (12) Federal income tax incentives for employer-paid group health insurance need to be improved; (13) businesses that offer only self-insured health care coverage for their employees need to have such coverage regulated to guarantee adequate coverage, as such coverage is the fastest growing segment of health care insurance; (14) concern exists regarding the continued solvency of the medicare system with physicians becoming reluctant to participate because Federal payment rates are too low; and (15) health care in many rural areas is inadequate and some rural hospitals are closing. SEC. 3. ESTABLISHMENT. There is established a commission to be known as the ``Health Care Crisis Policy Commission'' (in this Act referred to as the ``Commission''). SEC. 4. DUTIES. The Commission shall conduct a study of the problems of the cost and delivery of medical care in the United States. In conducting the study, the Commission shall-- (1) examine the escalating costs of medical care and health care insurance and its effect on the availability of medical care to individuals in the United States; (2) investigate alternatives for providing medical care to individuals who do not have health care insurance or who do not have adequate health care insurance; (3) evaluate how the private sector could most effectively offer adequate health care insurance to all employed individuals in the United States; (4) review the demands that will be placed on the Nation's health care system in the future as the population of the United States ages; (5) examine the costs of long-term institutional and home health care and the affordability and availability of insurance for such care; (6) evaluate the health care delivery system of the Department of Veterans Affairs; (7) investigate reforms that could be made to the medical malpractice liability system and the effect such system has on medical malpractice insurance and on the cost of health care; (8) examine the need for prenatal, delivery, and well-baby health care and how such care impacts on the cost of health care in the long term; (9) review the Federal income tax incentives used by businesses for employer-sponsored group health insurance; (10) research the trend of businesses to be self-insured in their health insurance coverage and how such coverage is regulated; (11) examine the delivery of health care in the rural areas of the United States and the reasons for the closing of many of the hospitals in those areas; (12) evaluate the financial stability and effectiveness of, and physician reimbursements from, title XVIII of the Social Security Act (42 U.S.C. 1395-1395ccc; commonly known as medicare); (13) investigate financing options and costs for each health care delivery system recommended by the Commission as an alternative to the systems used in the United States as of the date of the enactment of this Act; (14) investigate systems of organizing and delivering health care and types of incentives that could be used to improve the efficiency of the provision of health care while improving the quality of care; and (15) investigate other areas relating to the efficient and cost-effective delivery of health care that the Commission believes it is necessary to investigate. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of 15 members appointed as follows: (1) 5 members appointed by the President. (2) 5 members appointed by the Speaker of the House of Representatives. (3) 5 members appointed by the majority leader of the Senate. (b) Qualifications for and Limitations on Appointment.--Each member shall be knowledgeable about the delivery or the financing of health care, or both, or in the economics, administration, or legal aspects of health care. Each member shall be selected from among consumers of health care, health care providers, employers, health care financial institutions, or organizations that represent such persons. Not more than 1 member appointed under each paragraph of subsection (a) may be-- (1) an officer or employee of the Federal Government; (2) an officer or employee of a State or local government; or (3) a Member of the Congress. (c) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Political Affiliation.--Not more than 3 members of the Commission appointed under each paragraph of subsection (a) may be of the same political party. (e) Terms.--Each member shall be appointed for the life of the Commission. (f) Basic Pay.-- (1) Rates of pay.--Except as provided in paragraph (2), members of the Commission shall each be paid at a rate equal to the rate of basic pay payable for level IV of the Executive Schedule for each day (including travel time) during which they are engaged in the actual performance of duties vested in the Commission. (2) Pay of federal employees and members of congress.-- Members of the Commission who are full-time officers or employees of the Federal Government or Members of the Congress shall receive no additional pay, allowances, or benefits, except those provided in paragraph (3), by reason of their service on the Commission. (3) Travel expenses.--Each member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in the same manner as is permitted under sections 5702 and 5703 of title 5, United States Code. (g) Quorum.--8 members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (h) Chairman and Vice Chairman.--The chairman and vice chairman of the Commission shall be elected by the members of the Commission. (i) Meetings.--The Commission shall meet at the call of the chairman of the Commission or a majority of its members. SEC. 6. STAFF; EXPERTS AND CONSULTANTS. (a) In General.--The chairman of the Commission shall, in accordance with the provisions of title 5, United States Code, governing appointments in the competitive service, and other applicable laws and regulations, hire such staff as is necessary to carry out the duties of the Commission. (b) Pay.--The staff of the Commission shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The chairman may procure temporary and intermittent services of experts and consultants under section 3109(b) of title 5, United States Code. (d) Staff of Federal Agencies.--Upon request of the Commission, the head of any Federal agency is authorized to detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act. SEC. 7. POWERS. (a) Hearings and Sessions.-- (1) In general.--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. (2) Open meetings.--The Commission shall be considered an agency for the purposes of section 552b of title 5, United States Code (relating to the requirement that meetings of Federal agencies be open to the public). (b) Powers of Members and Agents.--Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this section. (c) Obtaining Official Data.--All officers and employees of Federal agencies shall cooperate with the Commission in the performance of the duties of the Commission. Subject to sections 552 and 552a of title 5, United States Code (relating to the availability of information of Federal agencies to the public), the Commission may secure directly from any Federal agency information necessary to enable it to carry out this Act. Upon request of the Chairman of the Commission, the head of the Federal agency shall furnish the information to the Commission. (d) Gifts.--The Commission may accept, use, and dispose of gifts or donations of services or property. (e) Mails.--The Commission may use the United States mails in the same manner and under the same conditions as other Federal agencies. (f) Administrative Support Services.--The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. SEC. 8. REPORT. The Commission shall transmit to the President and to the Congress a report not later than 2 years after the date of enactment of this Act. The report shall contain a detailed statement of the findings and conclusions of the study conducted pursuant to section 4, together with the recommendations of the Commission for such legislation and administrative actions, at the Federal, State, and local level, and for actions that should be undertaken by the private sector, as the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall cease to exist 10 days after submitting its final report pursuant to section 8. SEC. 10. BUDGET COMPLIANCE. Any spending authority (as defined in subparagraphs (A) and (C) of section 401(c)(2) of the Congressional Budget Act of 1974 (2 U.S.C. 651(c)(2)(A))) authorized by this Act shall be effective only to such extent or in such amounts as are provided in appropriation Acts. | Health Care Crisis Policy Commission Act - Establishes the Health Care Crisis Policy Commission to study and report on the problems of the cost and delivery of medical care in the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Timing Resilience and Security Act of 2017''. SEC. 2. BACKUP GLOBAL POSITIONING SYSTEM. (a) In General.--Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall provide for the establishment, sustainment, and operation of a land-based, resilient, and reliable alternative timing system to-- (1) reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (in this section referred to as ``GPS''); and (2) to ensure the availability of uncorrupted and non- degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable. (b) Establishment of Requirements.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall establish requirements for the procurement of the system required by subsection (a) as a complement to and backup for the timing component of GPS in accordance with the timing requirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114- 328; 130 Stat. 2595). (2) Requirements.--The Secretary of Transportation shall ensure, to the maximum extent practicable, that the system established under subsection (a)-- (A) be wireless; (B) be terrestrial; (C) provide wide-area coverage; (D) deliver a precise, high-power 100 kilohertz signal; (E) be synchronized with coordinated universal time; (F) be resilient and extremely difficult to disrupt or degrade; (G) be able to penetrate underground and inside buildings; (H) be capable of deployment to remote locations; (I) take full advantage of the infrastructure and spectrum of the existing, unused government long-range navigation system (commonly known as ``LORAN''); (J) be developed, constructed, and operated incorporating applicable private sector expertise; (K) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems; (L) be made available by the Secretary of Transportation for use by other Federal and non-Federal Government agencies for public purposes at no cost; (M) be capable of adaptation and expansion to provide position and navigation capabilities; (N) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and (O) incorporate such other elements as the Secretary considers appropriate. (c) Implementation Plan.-- (1) Plan required.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following: (A) A plan to develop, construct, and operate the system required by subsection (a). (B) A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS. (2) Deadline for commencement of operation.--The system required by subsection (a) shall be in operation by not later than two years after the date of the enactment of this Act. (3) Minimum duration of operational capability.--The system required by subsection (a) shall be designed to be fully operational for not less than 20 years. (d) LORAN Facilities.-- (1) In general.--If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying real property and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the system required by subsection (a), the Commandant of the Coast Guard shall transfer such property, spectrum, and equipment to the Secretary. (2) CERCLA not affected.--This subsection shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the Federal Government facilities described in paragraph (1). (e) Agreement.-- (1) In general.--The Secretary of Transportation, in consultation with the Secretary of Homeland Security, may enter into a cooperative agreement (as that term is defined in section 6305 of title 31, United States Code) with an entity upon such terms and conditions as the Secretary of Transportation determines will fulfill the purpose and requirements of this section and be in the public interest. Such agreement shall, at a minimum, require the Secretary of Transportation to-- (A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense; (B) require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section; (C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies; (D) require the entity to share revenue so as to provide for an equitable share of the revenue received with the Secretary by the entity from the sale of timing services to third parties, taking into account the entity's capital investment and its costs to operate, maintain, and upgrade the system; (E) require the entity-- (i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides facilities necessary for the system under subsection (d); and (ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and (F) require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency. (2) Competition required.--The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10, United States Code, in selecting an entity to enter into a cooperative agreement pursuant to this subsection. (3) Authorization to purchase services.--The Secretary may, subject to the availability of appropriations, purchase timing system services from the entity, once the system achieves operational status, for use by the Department of Transportation and for provision to other Federal and non-Federal agencies as described in this section. The costs of such services may be offset, in whole or in part, pursuant to the revenue sharing provision required by paragraph (1)(D). (4) Determination.--The Secretary may not enter into a cooperative agreement under this subsection unless the Secretary determines that the agreement is in the best financial interest of the Federal Government. The Secretary shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination not later than 30 days after the date of the determination. (5) Definition.--In this subsection the term ``entity'' means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection. | National Timing Resilience and Security Act of 2017 This bill requires the Department of Transportation to provide for the establishment, sustainment, and operation of a complement to and backup for the timing component of the Global Positioning System (GPS). (GPS satellites contain atomic clocks that provide precise time data and allow GPS receivers to synchronize to those clocks.) The system must: (1) reduce critical dependencies on the GPS network; (2) ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users if GPS timing signals are corrupted or otherwise unavailable; and (3) be land-based, operational in 2 years, and capable of operation for 20 years. |
. Any ADR used to resolve a health care liability action or claim shall contain provisions relating to statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are consistent with the provisions relating to such matters in this Act. SEC. 7. DEFINITIONS. As used in this Act: (1) Actual damages.--The term ``actual damages'' means damages awarded to pay for economic loss. (2) ADR.--The term ``ADR'' means an alternative dispute resolution system established under Federal or State law that provides for the resolution of health care liability claims in a manner other than through health care liability actions. (3) Claimant.--The term ``claimant'' means any person who brings a health care liability action and any person on whose behalf such an action is brought. If such action is brought through or on behalf of an estate, the term includes the claimant's decedent. If such action is brought through or on behalf of a minor or incompetent, the term includes the claimant's legal guardian. (4) Clear and convincing evidence.--The term ``clear and convincing evidence'' is that measure or degree of proof that will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. Such measure or degree of proof is more than that required under preponderance of the evidence but less than that required for proof beyond a reasonable doubt. (5) Collateral source payments.--The term ``collateral source payments'' means any amount paid or reasonably likely to be paid in the future to or on behalf of a claimant, or any service, product, or other benefit provided or reasonably likely to be provided in the future to or on behalf of a claimant, as a result of an injury or wrongful death, pursuant to-- (A) any State or Federal health, sickness, income- disability, accident or workers' compensation Act; (B) any health, sickness, income-disability, or accident insurance that provides health benefits or income-disability coverage; (C) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the cost of medical, hospital, dental, or income disability benefits; and (D) any other publicly or privately funded program. (6) Drug.--The term ``drug'' has the meaning given such term in section 201(g)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)). (7) Economic damages.--The term ``economic damages'' means objectively verifiable monetary losses incurred as a result of the provision of, use of, or payment for (or failure to provide, use, or pay for) health care services or medical products such as past and future medical expenses, loss of past and future earnings, cost of obtaining domestic services, loss of employment, loss due to death, burial costs, and loss of business or employment opportunities. (8) Harm.--The term ``harm'' means any legally cognizable wrong or injury for which punitive damages may be imposed. (9) Health benefit plan.--The term ``health benefit plan'' means-- (A) a hospital or medical expense incurred policy or certificate, (B) a hospital or medical service plan contract, (C) a health maintenance subscriber contract, or (D) a Medicare+Choice product (offered under part C of title XVIII of the Social Security Act), that provides benefits with respect to health care services. (10) Health care liability action.--The term ``health care liability action'' means a civil action brought in a State or Federal court or pursuant to alternative dispute resolution against a health care provider, an entity which is obligated to provide or pay for health benefits under any health benefit plan (including any person or entity acting under a contract or arrangement to provide or administer any health benefit), or the manufacturer, distributor, supplier, marketer, promoter, or seller of a medical product, in which the claimant alleges a claim (including third party claims, cross claims, counter claims, or contribution claims) based upon the provision of (or the failure to provide or pay for) health care services or the use of a medical product, regardless of the theory of liability on which the claim is based or the number of plaintiffs, defendants, or causes of action. (11) Health care liability claim.--The term ``health care liability claim'' means a claim in which the claimant alleges that injury was caused by the provision of (or the failure to provide) health care services or medical products. (12) Health care provider.--The term ``health care provider'' means any person that is engaged in the delivery of health care services in a State and that is required by the laws or regulations of the State to be licensed or certified by the State to engage in the delivery of such services in the State. (13) Health care service.--The term ``health care service'' means any service for which payment may be made under a health benefit plan including services related to the delivery or administration of such service. (14) Medical product.--The term ``medical product'' means a drug (as defined in section 201(g)(1)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) or a medical device (as defined in section 201(h)) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(h)), including any component or raw material used in a drug or device but excluding health care services. (15) Noneconomic damages.--The term ``noneconomic damages'' means damages paid to an individual for pain and suffering, inconvenience, emotional distress, mental anguish, loss of consortium, injury to reputation, humiliation, and other nonpecuniary losses. (16) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (17) Prevailing party.--The term ``prevailing party'' means a party to a health care liability action who obtains a final judgment (other than by settlement) exclusive of interest on all or a portion of the claims asserted during the litigation. (18) Product seller.-- (A) In general.--Subject to subparagraph (B), the term ``product seller'' means a person who, in the course of a business conducted for that purpose-- (i) sells, distributes, rents, leases, prepares, blends, packages, labels, or is otherwise involved in placing, a product in the stream of commerce, or (ii) installs, repairs, or maintains the harm-causing aspect of a product. (B) Exclusion.--Such term does not include-- (i) a seller or lessor of real property; (ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill, or services; or (iii) any person who-- (I) acts in only a financial capacity with respect to the sale of a product; or (II) leases a product under a lease arrangement in which the selection, possession, maintenance, and operation of the product are controlled by a person other than the lessor. (19) Punitive damages.--The term ``punitive damages'' means damages awarded against any person not to compensate for actual injury suffered, but to punish or deter such person or others from engaging in similar behavior in the future. (20) State.--The term ``State'' means each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. SEC. 8. EFFECTIVE DATE. This Act will apply to any health care liability action brought in a Federal or State court and to any health care liability claim subject to an ADR system, that is initiated on or after the date of enactment of this Act, except that any health care liability claim or action arising from an injury occurring prior to the date of enactment of this Act shall be governed by the applicable statute of limitations provisions in effect at the time the injury occurred. | (Sec. 3) Establishes a statute of limitations for health care liability actions of two years from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than five years after the date the alleged injury occurred. (Sec. 4) Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages attributable to such defendant in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages, as determined by the trier of fact. Limits total noneconomic damages for an injury to $250,000, regardless of the number of parties against whom the action is brought, or the number of actions. Requires for the award of punitive damages that the claimant establish by clear and convincing evidence that the harm suffered was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device which caused the claimant's harm where: (1) the drug or device was subject to premarket approval by the Food and Drug Administration (FDA) with respect to the safety of the formulation or performance of the aspect of such drug or device which caused the claimant's harm, or the adequacy of the packaging or labeling of such drug or device which caused the harm, and such drug, device, packaging, or labeling was approved by the Food and Drug Administration; or (2) the drug is generally recognized as safe and effective pursuant to conditions established by the FDA and applicable regulations, including packaging and labeling regulations. Allows punitive damages in any case in which, before or after premarket approval: (1) the defendant intentionally and wrongfully withheld from or misrepresented to the FDA any information about the drug or device which was material and relevant to the harm suffered, and whose submission was required by the Federal Food, Drug, and Cosmetic Act or the Public Health Service Act; or (2) the defendant made an illegal payment to an FDA official or employee for the purpose of securing or maintaining such approval. Prohibits punitive damages against a drug manufacturer or product seller in a health care liability action for harm alleged to relate to the adequacy of the packaging or labeling of a drug required by regulation to have tamper-resistant packaging, unless the court finds by clear and convincing evidence that such packaging or labeling is substantially out of compliance with such regulations. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000. Permits defendants to introduce evidence of collateral source payments. Declares that no provider of collateral source payments shall recover, in a judgment or in a settlement, any amount against the claimant or receive any lien or credit against the claimant's recovery or be equitably or legally subrogated to the right of the claimant in a health care liability action. (Sec. 5) Entitles the prevailing party in an action to attorney's fees from the non-prevailing party, if: (1) the claimant seeks noneconomic damages in excess of $250,000 (or the cap on noneconomic damages, adjusted for inflation) or three times the economic damages, whichever is less; and (2) the request for such damages in such amount is made before the determination of liability of one party or another by verdict or order of judgment. Prohibits the sum of the attorney's fees to which the prevailing party is entitled from exceeding the attorney's fees of the non-prevailing party. Authorizes a court to limit such fees if their amount is deemed unjust. Specifies limits to contingent fees. (Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for statute of limitations, noneconomic damages, joint and several liability, punitive damages, collateral source rule, periodic payments, and award of attorney's fees which are identical to the provisions of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Middle Class Assistance Act of 2008''. SEC. 2. ABOVE-THE-LINE DEDUCTION FOR STATE AND LOCAL REAL PROPERTY TAXES ON PRINCIPAL RESIDENCES OF TAXPAYERS WHO ELECT NOT TO DEDUCT STATE AND LOCAL INCOME AND GENERAL SALES TAXES. (a) In General.--Subsection (a) of section 62 of the Internal Revenue Code of 1986 (defining adjusted gross income) is amended by inserting after paragraph (21) the following new paragraph: ``(22) Deduction for state and local real property taxes on principal residences of taxpayers who do not deduct state and local income and general sales taxes.-- ``(A) In general.--In the case of an eligible individual, the deduction allowed by section 164 for State and local real property taxes to the extent such taxes are attributable to-- ``(i) property located in the United States, and ``(ii) for a period that such individual (or such individual's spouse) owned and used the property as their principal residence (within the meaning of section 121). ``(B) Eligible individual.--For purposes of subparagraph (A), the term `eligible individual' means any taxpayer who elects for the taxable year to apply section 164 without regard to-- ``(i) the reference to State and local income taxes in section 164(a), and ``(ii) the election under section 164(b)(5) (relating to election to deduct State and local sales taxes in lieu of State and local income taxes).''. (b) No Affect on Amt.--Subparagraph (A) of section 56(b)(1) of such Code is amended by adding at the end the following new sentence: ``Section 62(a)(22) shall not apply for purposes of the preceding sentence.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. SEC. 3. REFUNDABLE CREDIT FOR INCREASED 2008 HOME HEATING OIL COSTS. (a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by adding at the end the following new section: ``SEC. 6431. REFUNDABLE CREDIT FOR INCREASED 2008 HOME HEATING OIL COSTS. ``(a) In General.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for the first taxable year of the taxpayer ending on or after December 31, 2008, an amount equal to the taxpayer's increased 2008 home heating oil costs. ``(b) Limitations.-- ``(1) Maximum credit.--The credit allowed by this section for the taxable year shall not exceed $500. ``(2) Limitation based on adjusted gross income.--The dollar amount applicable under paragraph (1) (determined after the application of subsection (e)(2)) shall be reduced (but not below zero) by the amount which bears the same ratio to such applicable dollar amount (as so determined) as the excess of the taxpayer's adjusted gross income over $200,000 bears to $10,000. ``(c) Eligible Individual.-- ``(1) In general.--For purposes of this section, the term `eligible individual' means any individual whose principal residence is located in the United States. ``(2) Exception.--Such term shall not include-- ``(A) any nonresident alien individual, and ``(B) any individual with respect to whom a deduction under section 151 is allowable to another taxpayer for a taxable year beginning in the calendar year in which the individual's taxable year begins. ``(d) Increased 2008 Heating Oil Costs.--For purposes of this section-- ``(1) In general.--The term `increased 2008 heating oil costs' means the excess (if any) of-- ``(A) the amount paid by the taxpayer for heating oil used to provide space heating for the principal residence of the taxpayer during 2007, over ``(B) the amount paid by the taxpayer for heating oil used to provide space heating for such residence during 2008. ``(2) Use as principal residence for less than entire year.--If the principal residence of an individual is not the same throughout 2007 and 2008, the limitation applicable to such individual under subsection (b) shall be the amount equal to-- ``(A) such limitation (determined without regard to this paragraph), multiplied by ``(B) the smaller of-- ``(i) the fraction of 2007 (determined on a daily basis) that such residence was the principal residence of the individual, or ``(ii) the fraction of 2008 (as so determined) that such residence was the principal residence of the individual. ``(3) Renters.--In the case of an individual who occupies a unit in a building as a tenant, such individual shall be treated as paying the individual's allocable share (determined as provided by the Secretary) of the heating oil used to provide space heating for such building. ``(4) Heating oil not used throughout period.--If substantially all of the space heating for a residence is not provided by heating oil consumed at such residence throughout 2007 and 2008, the application of this section shall be determined under regulations prescribed by the Secretary. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed for the amount described in subsection (d)(1)(B) (otherwise allowable as a deduction for the taxable year) which is equal to the amount of the credit determined for such taxable year under this section. ``(2) Dollar amount in case of joint occupancy.--In the case of a dwelling unit which is the principal residence by 2 or more individuals, the dollar limitation under subsection (b)(1) shall be allocated among such individuals in proportion to their respective payments of the 2008 heating oil costs. ``(3) Certain other rules to apply.--Rules similar to the rules of paragraphs (5), (6), and (7) of section 25D(e) shall apply for purposes of this section. ``(f) Principal Residence.--For purposes of this section, the term `principal residence' has the meaning given to such term by section 121; except that no ownership requirement shall be imposed. ``(g) Treatment as Refundable Credit.--For purposes of this title, the credit allowed by this section shall be treated as a credit allowed under subpart C of part IV of subchapter A of chapter 1 (relating to refundable credits).''. (b) Technical Amendments.-- (1) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or 6431'' after ``section 35''. (2) The table of sections for chapter 65 of such Code is amended by adding at the end the following new item: ``Sec. 6431. Refundable credit for increased 2008 home heating oil costs.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007. SEC. 4. DEDUCTION FOR TUITION AND RELATED EXPENSES INCREASED AND MADE PERMANENT. (a) Deduction Made Permanent.--Section 222 of the Internal Revenue Code of 1986 (relating to qualified tuition and related expenses) is amended by striking subsection (e). (b) Deduction Increased.--Subsection (b) section 222 of such Code is amended to read as follows: ``(b) Dollar Limitations.-- ``(1) Joint returns.--The expenses of each student which may be taken into account under this section for any taxable year shall not exceed the applicable limit determined in accordance with the following table: The applicable ``If adjusted gross income-- limit is-- Does not exceed $130,000..................... $6,000 Exceeds $130,000 but does not exceed $160,000 $3,000 Exceeds $160,000 but does not exceed $200,000 $1,500 Exceeds $200,000............................. 0. ``(2) Other taxpayers.--In the case of taxpayers not filing a joint return, the table contained in paragraph (1) shall be applied by substituting amounts of adjusted gross income which are \1/2\ of the amounts contained therein. ``(3) Adjusted gross income.--For purposes of this subsection, adjusted gross income shall be determined-- ``(A) without regard to this section and sections 199, 911, 931, and 933, and ``(B) after application of sections 86, 135, 137, 219, 221, and 469.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Middle Class Assistance Act of 2008 - Amends the Internal Revenue Code to: (1) allow a deduction from gross income for state and local real property taxes on the principal residences of taxpayers who elect not to deduct state and local income and general sales taxes (making such deduction available to taxpayers who do not itemize); (2) allow a refundable tax credit, up to $500, for increased home heating oil costs in 2008; and (3) increase and make permanent the tax deduction for qualified tuition and related expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Visa Integrity and Security Act of 2001''. SEC. 2. SENSE OF THE CONGRESS REGARDING THE NEED TO EXPEDITE IMPLEMENTATION OF INTEGRATED ENTRY AND EXIT DATA SYSTEM. (a) Sense of Congress.--In light of the terrorist attacks perpetrated against the United States on September 11, 2001, it is the sense of the Congress that-- (1) the Attorney General should fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215), with all deliberate speed and as expeditiously as practicable; and (2) the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, and the Secretary of the Treasury, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215). SEC. 3. ENTRY-EXIT TRACKING SYSTEM. (a) Development of the System.--In the development of the entry- exit tracking system, as described in the preceeding section, the Attorney General shall particularly focus-- (1) on the utilization of biometric technology, including, but not limited to, electronic fingerprinting, face recognition, and retinal scan technology; and (2) on developing a tamper-proof identification, readable at ports of entry as a part of any nonimmigrant visa issued by the Secretary of State. (b) Integration With Law Enforcement Databases.--The entry and exit data system described in this section shall be able to be integrated with law enforcement databases for use by State and Federal law enforcement to identify and detain individuals in the United States after the expiration of their visa. SEC. 4. ACCESS BY THE DEPARTMENT OF STATE TO CERTAIN IDENTIFYING INFORMATION IN THE CRIMINAL HISTORY RECORDS OF VISA APPLICANTS AND APPLICANTS FOR ADMISSION TO THE UNITED STATES. (a) Amendment of the Immigration and Nationality Act.--Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended-- (1) in the section heading, by inserting ``; data exchange'' after ``security officers''; (2) by inserting ``(a)'' after ``Sec. 105.''; (3) in subsection (a), by inserting ``and border'' after ``internal'' the second place it appears; and (4) by adding at the end the following: ``(b) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the Department of State, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file. The Department of State shall merge the information obtained under this subsection with the information in the system currently accessed by consular officers to determine the criminal history records of aliens applying for visas.''. (b) Regular Reporting.--The Director of Central Intelligence, the Secretary of Defense, the Commissioner of Immigration and Naturalization, and the Director of the Federal Bureau of Investigation shall provide information to the Secretary of State on a regular basis as agreed by the Secretary and the head of each of these agencies that will assist the Secretary in determining if an applicant for a visa has a criminal background or poses a threat to the national security of the United States or is affiliated with a group that poses such a threat. (c) Report on Screening Information.--Not later than 6 months after the date of enactment of this Act, the Secretary of State shall submit a report to Congress on the information that is needed from any United States agency to best screen visa applicants to identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the United States, including the type of information currently received by United States agencies and the regularity with which such information is transmitted to the Secretary. SEC. 5. STUDENT TRACKING SYSTEM. (a) Integration With Port of Entry Information.--For each alien with respect to whom information is collected under this section, the Attorney General shall include information on the date of entry, port of entry, and nonimmigrant classification. (b) Expansion of System to Include Other Approved Educational Institutions.--Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended-- (1) in subsection (a)(1), subsection (c)(4)(A), and subsection (d)(1) (in the text above subparagraph (A)), by inserting ``, other approved educational institutions,'' after ``higher education'' each place it appears; (2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting ``, or other approved educational institution,'' after ``higher education'' each place it appears; (3) in subsections (d)(2), (e)(1), and (e)(2), by inserting ``, other approved educational institution,'' after ``higher education'' each place it appears; and (4) in subsection (h), by adding at the end the following new paragraph: ``(3) Other approved educational institution.--The term `other approved educational institution' includes any air flight school, language training school, vocational school, or other school, approved by the Attorney General, in consultation with the Secretary of Education, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.''. (c) Expansion of System to Include Additional Information.--Section 641(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(b)), as amended by subsection (a), is further amended-- (1) by redesignating subparagraphs (B), (C), and (D) of paragraph (1) as subparagraphs (C), (D), and (E), respectively; (2) by inserting after subparagraph (A) the following: ``(B) the name of any dependant spouse, child, or other family member accompanying the alien student to the United States;''; and (3) in paragraph (1)(D) (as so redesignated), by inserting after ``maintaining status as a full-time student'' the following: ``and, if the alien is not maintaining such status, the date on which the alien has concluded the alien's course of study and the reason therefor''; and (4) by adding at the end the following new paragraph: ``(5) Information on failure to commence studies.--Each approved institution of higher education, other approved educational institution, or designated exchange visitor program shall inform the Attorney General within 30 days if an alien described in subsection (a)(1) who is scheduled to attend the institution or program fails to do so. The Attorney General shall ensure that information received under this paragraph is included in the National Crime Information Center's Interstate Identification Index.''. SEC. 6. STRENGTHENING VISA WAIVER PILOT PROGRAM. Section 217(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)) is amended by adding at the end the following: ``(D) Tamper proof passport.--The country employs a tamper-proof passport, has established a program to reduce the theft of passports, and has experienced during the preceding two-year period a low rate of theft of passports, as determined by the Secretary of State.''. SEC. 7. REPORTING REQUIREMENT REGARDING H-1B NONIMMIGRANT ALIENS. (a) Requirement.--Not later than 14 days after the employment of a nonimmigrant alien described in section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act is terminated by an employer, the employer shall so report to the Attorney General, together with the reasons for the termination. (b) Penalty.--Any employer who fails to make a report required under subsection (a) shall be ineligible to employ any nonimmigrant alien described in that subsection for a period of one year. | Visa Integrity and Security Act of 2001 - Expresses the sense of Congress, in light of the September 11, 2001, terrorist attacks against the United States, that the Attorney General should: (1) implement the integrated entry and exit data system; and (2) establish the Integrated Entry and Exit Data System Task Force, which shall focus on biometric technology and tamper-proof identification, and integration with law enforcement databases.Amends the Immigration and Nationality Act to: (1) direct the Attorney General and the Federal Bureau of Investigation to provide the Department of State with access to specified criminal history records in order to determine whether or not a visa or admissions applicant has a criminal history; and (2) include specified passport-related requirements as part of the visa waiver pilot program.Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to expand the foreign student tracking system to: (1) include "other approved educational institutions" (including flight and language schools); and (2) require university reporting of student failure to commence studies.Requires an employer who terminates the employment of specified aliens (H-1b visa) to so notify the Attorney General. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Homefront Heroes Tax Relief Act of 2009''. SEC. 2. CREDIT FOR CARE PACKAGES FOR MEMBERS OF ARMED FORCES IN A COMBAT ZONE. (a) In General.--Subpart A of part IV of subchapter B of chapter I of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25D the following new section: ``SEC. 25E. CARE PACKAGES FOR MEMBERS OF ARMED FORCES IN A COMBAT ZONE. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified care package amount. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for the taxable year shall not exceed $500. ``(c) Qualified Care Package Amount.--For purposes of subsection (a), the term `qualified care package amount' means the amount paid or incurred to provide a care package for a member of the Armed Forces of the United States serving in a combat zone (as defined in section 112(c)(2)) through an organization-- ``(1) described in section 501(c)(3) and exempt from tax under section 501(a), ``(2) organized for a purpose which includes supporting members of the Armed Forces of the United States, and ``(3) listed on a website maintained by the Secretary of Defense. ``(d) Special Rules.-- ``(1) Related persons.--No amount shall be taken into account under subsection (a) for a care package provided for a related person. For purposes of the preceding sentence, the term `related person' means a person who bears a relationship to the taxpayer which would result in a disallowance of losses under section 267 or 707(b). ``(2) Receipts.--No amount shall be taken into account under subsection (a) with respect to which the taxpayer has not submitted such information as the Secretary determines necessary, including information relating to receipts for contents and shipping of care packages.''. (b) Clerical Amendments.--The table of sections for such part is amended by inserting after the item relating to section 25D the following new item: ``Sec. 25E. Care packages for members of Armed Forces in a combat zone.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2008. SEC. 3. CREDIT FOR VOLUNTEER SERVICE TO MILITARY FAMILIES THROUGH AMERICA SUPPORTS YOU PROGRAM. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits), as amended by section 2, is amended by inserting after section 25E the following new section: ``SEC. 25F. VOLUNTEER SERVICE TO MILITARY FAMILIES THROUGH AMERICA SUPPORTS YOU PROGRAM. ``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the qualified service amounts with respect to qualified service performed during the taxable year by the taxpayer, his spouse, and his dependents (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). ``(b) Limitation.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $500. ``(c) Qualified Service Amount.--For purposes of subsection (a), the term `qualified service amount' means, with respect to an hour (or portion thereof) of qualified service, the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) as in effect on the date of such service. ``(d) Qualified Service.--For purposes of subsection (a)-- ``(1) In general.--The term `qualified service' means service meeting the requirements of paragraph (2) which is provided through an organization-- ``(A) described in section 501(c)(3) and exempt from tax under section 501(a), and ``(B) which is approved by the Secretary of Defense to participate in the America Supports You program of the Department of Defense. ``(2) Service requirements.--Service meets the requirements of this paragraph if the service-- ``(A) is provided on a volunteer basis, ``(B) is for not less than 10 hours per week in not less than 4 weeks of the taxable year, and ``(C) is directly involved with the mission of the America Supports You program of helping military families. ``(3) Certification requirement.--Service shall not be taken into account under this section unless the organization through which such service is performed certifies the date of such service and that such service meets the requirements of paragraph (2). ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 2009, the $500 amount in subsection (b) shall be increased by such amount multiplied by the percentage change (if any) from the minimum wage on January 1, 2009, to the minimum wage on the last day of the preceding taxable year. ``(2) Minimum wage.--For purposes of paragraph (1), the term `minimum wage' means the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)). ``(3) Rounding.--If any amount as adjusted under paragraph (1) is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10. ``(f) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this section.''. (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as so amended, is amended by inserting after the item relating to section 25E the following new item: ``Sec. 25F. Volunteer service to military families through America Supports You program.''. (c) Effective Date.--The amendments made by this section shall apply to service performed in taxable years beginning after December 31, 2008. | Homefront Heroes Tax Relief Act of 2009 - Amends the Internal Revenue Code to allow tax credits for: (1) sending care packages to members of the Armed Forces serving in a combat zone; and (2) providing volunteer service to military families through the America Supports You program of the Department of Defense (DOD). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Bill of Rights for Consumers Act of 1996''. SEC. 2. REQUIREMENTS FOR MANAGED CARE PLANS. (a) Required Coverage for Services Furnished by Specialist Not Contracted with Managed Care Plan.--In a case in which an enrollee of a managed care plan demonstrates to the plan that the plan does not provide a specialist with knowledge of a specific condition for which the enrollee requires treatment, the plan shall cover such services covered by the plan, under comparable terms and conditions, furnished by a specialist obtained by the enrollee without regard to whether or not the specialist has a contractual or other arrangement with the plan for the provision of such services to such enrollees. (b) Requirement for Continued Services of a Specialist Without Pre- authorization.--In a case in which an enrollee of a managed care plan requires continued treatment of a specific condition from a specialist with knowledge of the specific condition, and such enrollee has been referred by a primary care physician to a specialist, the enrollee may continue to obtain services from the specialist without additional authorization from the primary care physician. (c) Assuring Equitable Coverage With Respect to Emergency Services.--A managed care plan that provides any coverage with respect to emergency services (as defined in section 5(4)) shall cover emergency services furnished to an enrollee of the plan-- (1) without regard to whether or not the provider furnishing the emergency services has a contractual or other arrangement with the plan for the provision of such services to such enrollees, and (2) without regard to prior authorization. (d) Requirement for Translation Bilingual Resources.--In a case in which 5 percent of the enrollees of a managed care plan in an area (as defined in section 5(1)) are members of a single ethnic-minority group that speaks English as a second language, the managed care plan shall have available, on a continuous basis, a person in the area to provide translation to such enrollees in obtaining information and services under the plan. Such person may be a doctor, nurse, or counselor who is employed by the managed care plan. (e) Prohibition of Financial Bonuses to Physicians Who Limit Services.--A managed care plan shall ensure that no specific payment is made directly or indirectly under the plan to a physician or physician group as an inducement to reduce or limit medically necessary services provided with respect to an enrollee. (f) Determination of Medically Necessary and Appropriate Treatment.-- (1) In general.--Under a managed care plan, the determination of what is medically necessary and appropriate for the health of an enrollee may be made only by a licensed health care practitioner. (2) Second opinion as to medically necessary.--Any licensed health care practitioner who has a contractual or other arrangement with a managed care plan may, upon request, provide an enrollee of the plan with a second opinion as to what constitutes medically necessary and appropriate treatment for the health of such enrollee. (3) Insurance coverage.--A managed care plan must determine and pay a reasonable and appropriate amount for a service determined, as described in paragraphs (1) and (2), to be medically necessary and appropriate if the service is covered by the plan. (g) Requirement for Service to Areas that Include a Medically Underserved Population.--A managed care plan seeking to provide services in an area that includes a medically underserved population must submit a plan to the Secretary outlining a proposal for service to the medically underserved population. (h) Requirement for Minimum Number of Doctors.--A managed care plan seeking to provide services in an area must certify to the Secretary that the plan provides at least one physician for every 2,000 enrollees. (i) Disclosure of Financial Arrangements.--A managed care plan shall disclose information to enrollees on any financial arrangements which may restrict referral or treatment options or limit the services offered by the plan to such enrollees. (j) Requirement for Geographical Accessibility.--A managed care plan shall ensure that items and services (including laboratory and specialist services) covered under the plan shall be available through providers that are geographically accessible to enrollees of such plan. (k) Meaningful Choice of Providers.--A managed care plan shall provide to enrollees a choice of at least three providers within each category of providers based on the health care needs of such enrollees, taking into account the age, gender, health, native language, acute or chronic diseases, and special needs. (l) Right To Seek Care From Out of Network Provider.--A managed care plan shall cover services covered by the plan that are furnished by a physician or provider obtained by the enrollee without regard to whether such physician or provider has a contractual or other arrangement with the plan for the provision of such services to such enrollees. The plan may impose a reasonable deductible and reasonable co-payment subject to a reasonable annual limit on total annual out of pocket expenses. (m) Confidentiality of Information.--A managed care plan shall provide that information collected by the plan on items and services used by the enrollees be protected as confidential information. (n) Requirement for Grievance Procedures.--Not later than 90 days after the date of the enactment of this Act, the Health Care Financing Administration shall establish complaint and grievance procedures for enrollees of managed care plans. SEC. 3. ENFORCEMENT. (a) In General.--Any entity that offers a managed care plan that violates a requirement of section 2 shall be subject to a civil money penalty in an amount determined by the Secretary. (b) Process.--The provisions of section 1128A of the Social Security Act (42 U.S.C. 1320a-7a) (other than subsections (a) and (b)) shall apply to civil money penalties under this section in the same manner as they apply to a penalty or proceeding under section 1128A(a) of such Act. SEC. 4. REGULATIONS. The Secretary shall promulgate such regulations as may be necessary or appropriate to carry out this Act. SEC. 5. DEFINITIONS. For purposes of this Act: (1) Area.--The term ``area'' means the local health-service area as designated in the managed care plan of operations. (2) Emergency department.--The term ``emergency department'' includes, with respect to a hospital, a trauma center in the hospital if the center-- (A) is designated under section 1213 of the Public Health Service Act, or (B) is in a State that has not made such designations and is determined by the Secretary to meet the standards under such section for such designation. (3) Emergency medical condition.--The term ``emergency medical condition'' means a medical condition, the onset of which is sudden, that manifests itself by symptoms of sufficient severity, including severe pain, that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in-- (A) placing the person's health in serious jeopardy, (B) serious impairment to bodily functions, or (C) serious dysfunction of any bodily organ or part. (4) Emergency services.--The term ``emergency services'' means-- (A) health care items and services furnished in the emergency department of a hospital, and (B) ancillary services routinely available to such department, to the extent they are required to evaluate and treat an emergency medical condition until the condition is stabilized. (5) Licensed health care practitioner.--The term ``licensed health care practitioner'' has the meaning given such term in section 431(6) of the Health Care Quality Improvement Act of 1986 (Public Law 99-660; 42 U.S.C. 11151(6)). (6) Managed care plan.--The term ``managed care plan'' means a health plan that provides or arranges for the provision of health care items and services to enrollees primarily through participating physicians and providers. (7) Medically underserved population.--The term ``medically underserved population'' means the population of an urban or rural area designated by the Secretary as an area with a shortage of personal health services or a population group designated by the Secretary as having a shortage of such services. (8) Participating.--The term ``participating'' means, with respect to a physician or provider in relation to managed care, a physician or provider that furnishes health care items and services to enrollees of the plan under an agreement with the plan. (9) Secretary.--The term ``Secretary'' means of the Secretary of Health and Human Services. (10) Stabilized.--The term ``stabilized'' means, with respect to an emergency medical condition, that no material deterioration of the condition is likely, within reasonable medical probability, to result or occur before an individual can be transferred in compliance with the requirements of section 1867 of the Social Security Act. SEC. 6. EFFECTIVE DATE. The provisions of this Act shall apply to managed care plans offered or renewed 90-days after the date of the enactment of this Act. | Managed Care Bill of Rights for Consumers Act of 1996 - Establishes certain requirements for managed care plans, including: (1) coverage for services furnished by a specialist not contracted with a managed care plan; (2) continued services of a specialist without pre-authorization; (3) assurance of equitable coverage with respect to emergency services; (4) availability on a continuous basis of translation bilingual resources in areas where enrollees speak English as a second language; (5) prohibition for payment of financial bonuses to physicians who reduce or limit medically necessary services; (6) submission of a plan outlining a proposal for service to a medically underserved population in an area a plan is seeking to provide services; (7) certification that a plan in an area provides a minimum number of doctors; (8) disclosure of information on certain financial arrangements; (9) geographical accessibility of items and services covered under the plan; and (10) right of an enrollee to seek care from an out of network provider. Establishes a civil money penalty. Applies provisions of the Social Security Act to civil money penalties in the same manner as they apply under such Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Contracting and Tax Accountability Act of 2013''. SEC. 2. GOVERNMENTAL POLICY. It is the policy of the United States Government that no Government contracts or grants should be awarded to individuals or companies with seriously delinquent Federal tax debts. SEC. 3. DISCLOSURE AND EVALUATION OF CONTRACT OFFERS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold shall require each person that submits a bid or proposal to submit with the bid or proposal a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Responsibility Determination.--The head of any executive agency, in evaluating any offer received in response to a solicitation issued by the agency for bids or proposals for a contract, shall consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source as defined in section 113 of title 41, United States Code. (c) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall initiate a suspension or debarment proceeding against a person after receiving an offer for a contract from such person if-- (A) such offer contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of Information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of Regulations.--Not later than 270 days after the date of enactment of this subsection, the Federal Acquisition Regulation shall be revised to incorporate the requirements of this section. SEC. 4. DISCLOSURE AND EVALUATION OF GRANT APPLICATIONS FROM DELINQUENT FEDERAL DEBTORS. (a) In General.--The head of any executive agency that offers a grant in excess of an amount equal to the simplified acquisition threshold shall require each person applying for a grant to submit with the grant application a form-- (1) certifying that the person does not have a seriously delinquent tax debt; and (2) authorizing the Secretary of the Treasury to disclose to the head of the executive agency information limited to describing whether the person has a seriously delinquent tax debt. (b) Impact on Determination of Financial Stability.--The head of any executive agency, in evaluating any application for a grant offered by the agency, shall consider a certification that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk and, if the applicant is awarded the grant, shall take appropriate measures under guidelines issued by the Office of Management and Budget for enhanced oversight of high-risk grantees. (c) Debarment.-- (1) Requirement.--Except as provided in paragraph (2), the head of an executive agency shall initiate a suspension or debarment proceeding against a person after receiving a grant application from such person if-- (A) such application contains a certification (as required under subsection (a)(1)) that such person has a seriously delinquent tax debt; or (B) the head of the agency receives information from the Secretary of the Treasury (as authorized under subsection (a)(2)) demonstrating that such a certification submitted by such person is false. (2) Waiver.--The head of an executive agency may waive paragraph (1) with respect to a person based upon a written finding of urgent and compelling circumstances significantly affecting the interests of the United States. If the head of an executive agency waives paragraph (1) for a person, the head of the agency shall submit to Congress, within 30 days after the waiver is made, a report containing the rationale for the waiver and relevant information supporting the waiver decision. (d) Release of Information.--The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget, shall make available to all executive agencies a standard form for the authorization described in subsection (a). (e) Revision of Regulations.--Not later than 270 days after the date of the enactment of this section, the Director of the Office of Management and Budget shall revise such regulations as necessary to incorporate the requirements of this section. SEC. 5. DEFINITIONS AND SPECIAL RULES. For purposes of this Act: (1) Person.-- (A) In general.--The term ``person'' includes-- (i) an individual; (ii) a partnership; and (iii) a corporation. (B) Exclusion.--The term ``person'' does not include an individual seeking assistance through a grant entitlement program. (C) Treatment of certain partnerships.--A partnership shall be treated as a person with a seriously delinquent tax debt if such partnership has a partner who-- (i) holds an ownership interest of 50 percent or more in that partnership; and (ii) has a seriously delinquent tax debt. (D) Treatment of certain corporations.--A corporation shall be treated as a person with a seriously delinquent tax debt if such corporation has an officer or a shareholder who-- (i) holds 50 percent or more, or a controlling interest that is less than 50 percent, of the outstanding shares of corporate stock in that corporation; and (ii) has a seriously delinquent tax debt. (2) Executive agency.--The term ``executive agency'' has the meaning given such term in section 133 of title 41, United States Code. (3) Seriously delinquent tax debt.-- (A) In general.--The term ``seriously delinquent tax debt'' means an outstanding Federal debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code. (B) Exceptions.--Such term does not include-- (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code; and (ii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending. SEC. 6. EFFECTIVE DATE. This Act shall apply with respect to contracts and grants awarded on or after the date occurring 270 days after the date of the enactment of this Act. Passed the House of Representatives April 15, 2013. Attest: KAREN L. HAAS, Clerk. | Contracting and Tax Accountability Act of 2013 - (Sec. 2) States that it is the policy of the U.S. government that no government contracts or grants should be awarded to individuals or business entities with seriously delinquent federal tax debts. (Sec. 3) Requires the head of any executive agency that issues an invitation for bids or a request for proposals for a contract in an amount greater than the simplified acquisition threshold (i.e., $150,000) to require each person submitting a bid or proposal to: (1) certify that such person does not have a seriously delinquent tax debt, and (2) authorize the Secretary of the Treasury to disclose information limited to describing whether such person has a seriously delinquent tax debt. Requires the head of any executive agency: (1) in evaluating any offer received in response to an agency solicitation for bids or proposals for a contract, to consider a certification that the offeror has a seriously delinquent tax debt to be definitive proof that the offeror is not a responsible source to do business with the federal government; and (2) to initiate a suspension or debarment proceeding against an offeror or a grant applicant after receiving an offer for a contract or grant application that contains a certification that such person has a seriously delinquent tax debt, or after receiving information from the Secretary that a submitted certification is false. Allows a waiver of such debarment requirement if an agency head certifies in writing urgent and compelling circumstances significantly affecting the interests of the United States. (Sec. 4) Requires the head of any executive agency that offers a grant in excess of the simplified acquisition threshold amount to require each grant applicant to: (1) certify that the applicant does not have a seriously delinquent tax debt, and (2) authorize the Secretary to disclose information limited to describing whether such a applicant has a seriously delinquent tax debt. Requires the agency head, in evaluating a grant application, to consider a certification that the grant applicant has a seriously delinquent tax debt to be definitive proof that the applicant is high-risk, requiring enhanced oversight. Requires the revision of the Federal Acquisition Regulation to incorporate requirements set forth in this Act relating to responsibility determinations and debarment for offerors or grant applicants. (Sec. 5) Defines "seriously delinquent tax debt" as an outstanding federal tax debt for which a notice of lien has been filed in public records. Exempts from such definition: (1) tax debts that are being paid in a timely manner under an approved installment agreement, and (2) debts for which a collection due process hearing has been requested or is pending. (Sec. 6) Makes this Act applicable to contracts and grants awarded on or after 270 days after its enactment. |
SECTION 1. ANNUAL COUNTRY REPORTS ON BUSINESS AND INVESTMENT CLIMATES. (a) Annual Country Reports on Business and Investment Climates.-- Not later than September 1 of each year, the Secretary of State, in consultation with the Assistant Secretary of State for Economic, Energy and Business Affairs, as well as the Assistant Secretary of Commerce for Trade Promotion and the Director General of the Foreign Commercial Service, shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report providing-- (1) detailed assessments with respect to each foreign country-- (A) in which acts of unfair business and investment practices or other acts that have resulted in poor business and investment climates were, in the opinion of the Secretary, of major significance; and (B) which the Secretary determines should be the subject of such a report; (2) all relevant information about such unfair business and investment practices or other actions during the preceding year by members of the business community, the judiciary, and the government of such country which may have impeded United States business or investment in such country, including the capacity for United States citizens to operate their businesses without fear of reprisals; and (3) with respect to each foreign country from which the United States Government has sought cooperation to assemble the annual country-specific investment climate reports required under this section and address issues of unfair business and investment practices, information on-- (A) the extent to which the government of each such foreign country is working to prevent unfair business and investment practices; and (B) the extent of United States Government action to prevent unfair business and investment practices or other actions that harm United States business or investment interests in relevant cases. (b) Provisions To Be Included in the Report.--The report under subsection (a) should, to the extent feasible, include-- (1) with respect to paragraph (1)(A) of such subsection-- (A) a review of the efforts undertaken by foreign countries to promote a healthy business and investment climate that is also conducive to the United States business community and United States investors, including, as appropriate, steps taken in international fora; (B) the response of the judicial and local arbitration systems of each foreign country that is the subject of such report with respect to matters relating to the business and investment climates affecting United States citizens and entities, or that have, in the opinion of the Secretary, and in consultation with the Director General of the Foreign Commercial Service, a significant impact on United States business and investment efforts; and (C) each foreign country's access to the United States market; (2) with respect to paragraph (2) of such subsection, any-- (A) actions undertaken by governments of foreign countries that prevent United States citizens and businesses from receiving equitable treatment; (B) actions taken by private businesses and citizens of foreign countries against members of the United States business community and United States investors; (C) unfair decisions rendered by the legal systems of foreign countries that clearly benefit State and local corporations and industries; and (D) unfair decisions rendered by local arbitration panels of foreign countries that do not exemplify objectivity and do not provide an equitable ground for United States citizens and businesses to address their disputes; and (3) with respect to paragraph (3)(A) of such subsection, actions taken by the United States Government to-- (A) promote the rule of law, in general; (B) prevent discriminatory treatment of United States citizens and businesses engaged in business or investment activities; (C) allow United States goods to enter foreign countries without requiring a co-production agreement; and (D) protect United States intellectual property rights. (c) Preparation of Reports Regarding Business and Investment Climates.-- (1) Standards and investigations.--The Secretary of State shall ensure that the United States diplomatic and consular missions abroad maintain a consistent reporting standard and thoroughly investigate reports of unfair business and investment practices or any other actions that impede a strong business or investment climate in the countries in which such missions are located. (2) Updating information based on foreign country media.-- In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, research such country's media sources, including newspaper, radio, and television, to document any cases with evidence of unfair business or investment practices or any occurrences that may destabilize the business or investment climate in such country. (3) Contacts with business leaders.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with corporate leaders in all sectors of the market of such country to discuss issues of foreign direct investment and the challenges United States citizens or businesses may face in making investments or earning returns on investments. (4) Contacts with union leaders.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with leaders of local and national unions of such country to assess the political stability of such country as measured through social cohesion and the rights of workers. (5) Contacts with the judiciary.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with members of the judicial system of such country to evaluate the capacity of the legal institutions to address discrepancies and disputes that may arise, including corruption and nationalization. Such officers shall also research the capacity for arbitration locally to address concerns if such country's legal system is unable to provide suitable or satisfactory recourse in a matter relating to an unfair business or investment practice involving a United States citizen or business. (6) Contacts with nongovernmental organizations.--In compiling data and assessing the business and investment climates abroad for each report required under subsection (a), United States foreign service officers shall, as appropriate and with respect to the foreign country in which such officers are posted, seek out and maintain contacts with members of nongovernmental organizations in such country that address the concerns of the business community, with the consent of such organizations, including receiving reports and updates from such organizations and, when appropriate, investigating such reports. (d) Classification of Report.-- (1) In general.--A report required under subsection (a) of this section shall, to the extent practicable, be submitted in an unclassified form but may be accompanied by a classified appendix if the Secretary of State determines that such is appropriate. (2) Cooperation.--If the Secretary of State determines that the submission of any information with respect to a foreign country under paragraph (3) of subsection (a) in classified form would make more likely the cooperation of the government of such foreign country, the Secretary may submit such information in classified form. (3) Summarization.--If the Secretary of State determines that it is in the national security interests of the United States or is necessary for the safety of individuals or entities to be identified in a report required under subsection (a) or is necessary to further the purposes of this Act, any information required under such subsection, including measures taken by the United States, may be summarized in such report and submitted in more detail in a classified addendum. SEC. 2. BUSINESS AND INVESTMENT CLIMATE WARNINGS. (a) In General.--The Secretary of State, with the assistance of the Assistant Secretary of State for Economic, Energy and Business Affairs, as well as the Assistant Secretary of Commerce for Trade Promotion and the Director General of the Foreign Commercial Service, shall establish a system that informs members of the United States business community and United States investors prior to their entry into a foreign country of the business and investment conditions in such country. (b) Warnings.--The system established under subsection (a) shall, if appropriate, issue investment warnings-- (1) to describe long-term, protracted conditions that make a country's business or investment climate risky or potentially dangerous to members of the United States business community and United States investors; or (2) when the ability of the United States Government to assist such members and investors is constrained due to the closure of a United States diplomatic or consular mission in such country. (c) Four-Tier System.-- (1) In general.--The Secretary of State and the Secretary of Commerce shall develop a four-tier system to grade the business and investment climate of each country that receives over $5,000,000,000 in exports, aid, and remittances from the United States, based on the following criteria: (A) Political stability. (B) Macroeconomic stability. (C) Rule of law. (D) Corruption and transparency. (E) Regulatory quality. (F) Good governance. (G) Civil society engagement. (2) Additional criteria.--The grading within the four-tier system referred to in paragraph (1) shall also address the following unfair business and investment practices with respect to each country identified and graded under such paragraph: (A) Discriminatory treatment of United States citizens and businesses engaged in business or investment activities. (B) The status of allowing United States goods to enter each such country without requiring a co- production agreement. (C) Protection of United States intellectual property rights. (d) Public Accessibility.--The Secretary of State shall publish on the website of the Department of State information on countries under this section. SEC. 3. DEFINITIONS. In this Act: (1) Civil society engagement.--The term ``civil society engagement'' means the extent to which individuals exercise peacefully their rights of expression, association, and assembly, including through their establishing and participating in nongovernmental organizations, unions, and other civil society organizations. (2) Corruption and transparency.--The term ``corruption and transparency'' means the extent to which public officials seek illegitimate personal gain, including through bribery, extortion, graft, nepotism, or embezzlement. (3) Co-production agreement.--The term ``co-production agreement'' means a United States Government or United States business working with a foreign government, foreign company, or an international organization to produce or manufacture an item. (4) Good governance.--The term ``good governance'' means the extent to which institutions are sustainable and democratic, with responsive, professional civil services providing high quality public services. (5) Macroeconomic stability.--The term ``macroeconomic stability'' means the extent to which the economy of a foreign country is vulnerable to internal and external shocks. (6) Political stability.--The term ``political stability'' means the likelihood that the government of a foreign country will be destabilized or overthrown by unconstitutional or violent means. (7) Regulatory quality.--The term ``regulatory quality'' means the extent to which the government of a foreign country is able to formulate and implement sound policies and regulations that permit and promote private sector development. (8) Rule of law.--The term ``rule of law'' means the extent to which laws of a foreign country are publicly promulgated, equally enforced, independently adjudicated, and are consistent with international norms and standards. (9) Unfair business and investment practices.--The term ``unfair business and investment practices'' includes any of the following: (A) Unlawful actions under international law or the law of the foreign country taken by the government of such country or by businesses, citizens, or other entities of such country that have resulted in lost assets, contracts, or otherwise contributed to an inhospitable business or investment climate. (B) Discriminatory treatment of United States businesses, whether wholly- or partially-owned. (C) Failure to protect intellectual property rights. (D) Requiring a co-production agreement in order for goods from the United States to enter a foreign country. | Directs the Secretary of State to: (1) report annually to the House Committee on Foreign Affairs and the Senate Committee on Foreign Relations regarding each foreign country in which acts of unfair business and investment practices have resulted in poor business and investment climates; and (2) establish a system to inform the U.S. business and investing communities of such conditions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Energy Refueling System Act of 2006''. SEC. 2. ALTERNATIVE ENERGY REFUELING SYSTEMS. (a) In General.--Section 9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended by adding at the end the following: ``(13) Alternative energy refueling systems.-- ``(A) Definitions.--In this paragraph: ``(i) Alternative energy refueling system.--The term `alternative energy refueling system' means a system composed of 1 or more underground storage tanks, pumps, and pump fittings or other related infrastructure that is used to refuel motor vehicles with-- ``(I) compressed natural gas; ``(II) E-85 ethanol; ``(III) a fuel described in section 30C(c)(1) of the Internal Revenue Code of 1986; or ``(IV) any other alternative fuel, as determined by the Administrator. ``(ii) Eligible entity.--The term `eligible entity' means a refueling vendor or other person that is an owner or operator of a service station or other facility at which an alternative energy refueling system is located or proposed to be located. ``(B) Reimbursement program.-- ``(i) Establishment.--The Administrator shall establish a program to provide to eligible entities reimbursement from the Trust Fund of a portion of the costs of purchasing and installing 1 or more alternative energy refueling systems, including any alternative energy refueling system intended to replace a petroleum refueling tank or system. ``(ii) Application.--An eligible entity that seeks to receive reimbursement described in clause (i) shall submit to the Administrator an application by such time, in such form, and containing such information as the Administrator shall prescribe. ``(iii) Timing of reimbursement.--Not later than 30 days after the date on which the Administrator, in consultation with the appropriate State agency, verifies that an alternative energy refueling system for which reimbursement is requested by an eligible entity under this paragraph has been installed and is operational, the Administrator shall provide the reimbursement to the eligible entity. ``(iv) Limitations.-- ``(I) Prohibition on receipt of dual benefits.--An eligible entity that receives a tax credit under section 30C of the Internal Revenue Code of 1986 for placing in service a qualified alternative fuel vehicle refueling property (as defined in that section) may not receive any reimbursement under this paragraph for an alternative energy refueling system on the property if the cost of the alternative energy refueling system was taken into consideration in calculating the tax credit. ``(II) Number of systems.--An eligible entity may not receive reimbursement under this paragraph for more than 2 alternative energy refueling systems for each facility owned or operated by the eligible entity. ``(III) Amount.--The amount of reimbursement provided for an alternative energy refueling system under this paragraph shall not exceed the lesser of-- ``(aa) the amount that is 30 percent of the cost of the alternative energy refueling system; or ``(bb) $30,000. ``(C) No effect on other trust fund projects, activities, or responsibilities.-- ``(i) Other trust fund projects and activities.--In carrying out this paragraph, the Administrator shall not use funds from the Trust Fund that are obligated for, or otherwise required to carry out, other projects and activities under this subsection. ``(ii) Responsibilities.--Nothing in this paragraph affects any obligation of an owner or operator to comply with other provisions of this subtitle.''. (b) Conforming Amendment.--Section 9508(c) of the Internal Revenue Code of 1986 is amended by striking ``as in effect on'' and all that follows through the end of the subsection and inserting ``as amended by the Superfund Amendments and Reauthorization Act of 1986 and the Alternative Energy Refueling System Act of 2006''. | Alternative Energy Refueling System Act of 2006 - Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency (EPA) to establish a program to provide eligible entities (refueling vendors or owners or operators of a facility where an alternative energy refueling system is located) reimbursement from the Leaking Underground Storage Tank Trust Fund for a portion of the costs of purchasing and installing one or more alternative energy refueling systems (systems used to refuel motor vehicles with an alternative fuel such as compressed natural gas or E-85 ethanol). Prohibits an entity that receives a federal tax credit for placing in service a qualified alternative fuel vehicle refueling property from receiving reimbursement under this Act if the system cost was taken into consideration in calculating the tax credit. Limits reimbursement to: (1) two systems for each facility owned by an eligible entity; and (2) the lesser of 30% of a system's cost or $30,000. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Stormwater Enforcement and Permitting Act of 2006''. SEC. 2. GREATER SPECIFICITY IN INFORMATION REQUESTS AND OPPORTUNITY FOR CORRECTIVE ACTION. (a) Inspections, Monitoring, and Entry.--Section 308(a)(A)(v) of the Federal Water Pollution Act (33 U.S.C. 1318(a)(A)(v)) is amended-- (1) by striking ``other information as he'' and inserting ``other information pertaining to such point source as the Administrator''; and (2) by striking ``reasonably require'' and inserting ``reasonably request within 90 days of the date of the request or such shorter time period as the Administrator determines is necessary to address an imminent and substantial endangerment to public health or welfare or the environment''. (b) Corrective Action for Residential Construction Sites.--Section 309 of such Act (33 U.S.C. 1319) is amended by adding at the end the following: ``(h) Corrective Action for Residential Construction Sites.-- ``(1) In general.--In the course of an inspection of a site at which a residential construction activity is being or will be carried out or based on information obtained under section 308(a) relating to such a site, if the Administrator or the authorized representative of the Administrator discovers a violation of a permit condition relating to such site that has not resulted in a discharge of stormwater and provides written notice of such violation to the operator of such site, the Administrator or such representative shall provide the operator a reasonable opportunity to correct the identified violation before initiation of an enforcement action. ``(2) Subsequent violation.--If the Administrator or the authorized representative of the Administrator subsequently inspects or requests information regarding a residential construction site for which an opportunity for corrective action was provided under paragraph (1) and discovers a violation of the same permit condition that was corrected under paragraph (1) or for which such opportunity to correct was provided, the operator of such site shall not be provided a further opportunity to correct under this subsection before initiation of an enforcement action. ``(3) Limitation on authority of administrator.--The Administrator shall not exercise any authority under this section (other than under this subsection) during the period that the operator of a residential construction site is provided an opportunity to correct a violation of a permit condition that has not resulted in the discharge of stormwater.''. (c) Limitation on Actions During Opportunity to Correct.--Section 309(g)(6)(A) of such Act (33 U.S.C. 1319(g)(6)(A)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by inserting ``or'' after the comma at the end of clause (iii); and (3) by inserting after clause (iii) the following: ``(iv) for which the Administrator or the authorized representative of the Administrator has provided the operator of a residential construction site an opportunity to correct under subsection (h),''. SEC. 3. PAPERWORK LIMITATIONS FOR RESIDENTIAL CONSTRUCTION SITES. Section 402(l) of the Federal Water Pollution Control Act (33 U.S.C. 1342(l)) is amended by adding at the end the following: ``(3) Stormwater runoff from residential construction sites.-- ``(A) In general.--The Administrator shall not require a permit, nor shall the Administrator directly or indirectly require any State to require a permit, under this section for stormwater runoff from any site at which a residential construction activity is being or will be carried out if-- ``(i) such runoff enters a municipal separate storm sewer system that is covered by a permit to which subsection (p) applies and the operator of such site is in compliance with requirements imposed by the permittee for such system to control stormwater runoff; or ``(ii) such site, during the period of the residential construction activity, has minimal potential for soil erosion caused by rainfall or overland flow due to soil type, geology, amount and force of precipitation, and other conditions. ``(B) Minimal potential for soil erosion defined.-- For purposes of this paragraph, a residential construction site has minimal potential for soil erosion if the erosivity factor for the site during the period of the residential construction activity is less than 5 as calculated based on the latest version of the revised universal soil loss equation developed by the Department of Agriculture, unless the Administrator determines, after notice and an opportunity for public comment, that some other technical standard is more appropriate to measure the erosivity value of residential construction sites and adopts, by regulation, such standard for purposes of this paragraph.''. SEC. 4. FEDERAL ENFORCEMENT. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is amended by adding at the end the following: ``(7) Federal enforcement of state permits authorizing stormwater discharges from residential construction activity.-- ``(A) In general.--Notwithstanding subsection (i), the Administrator shall not exercise authority under section 309 with respect to a permit, issued by a State under a program approved under subsection (b) and authorizing a stormwater discharge from a site at which a residential construction activity is being or will be carried out, unless one of the following conditions applies: ``(i) The Administrator determines that such a discharge has flowed or will flow across a State line or onto a Federal facility or Indian tribal lands. ``(ii) Such permit was issued under a State program that the Administrator has suspended or withdrawn under subsection (c). ``(iii) After taking into consideration all of the terms, conditions, and requirements of such permit, the Administrator determines that-- ``(I) a stormwater discharge from such site results in imminent and substantial endangerment to public health or welfare or the environment; and ``(II) additional actions are likely to be necessary to remove such endangerment. ``(B) Limitation on transfers to states.--If the Administrator receives or is awarded a fine or penalty for violation of a permit issued under this section by a State for a site on which a residential construction activity is being or will be carried out through an action brought under section 309 based on any of the conditions set forth in clauses (i), (ii), and (iii) of subparagraph (A), the Administrator may not transfer, disburse, allocate, or otherwise pay all or any part of such fine or penalty to the State that issued the permit.''. SEC. 5. NOTIFICATION TO POINT SOURCE OPERATORS AT RESIDENTIAL CONSTRUCTION SITES. Section 402(p) of the Federal Water Pollution Control Act (33 U.S.C. 1342(p)) is further amended by adding at the end the following: ``(8) Notification of permit requirements for stormwater discharges from residential construction sites.-- ``(A) Stormwater informational pamphlet program.-- Not later than 180 days after the date of enactment of this paragraph, the Administrator shall establish, by regulation, a program that will provide for development, and distribution to operators of residential construction sites, of an informational pamphlet. ``(B) Pamphlet contents.--Under the program, operators of residential construction sites shall receive an informational pamphlet explaining, at a minimum, permitting requirements under this section for stormwater discharges from a site at which a residential construction activity is being or will be carried out (including the permitting requirements of subsections (a) and (b) and this subsection and any applicable regulations issued to carry out this section) and fines and penalties that may arise from violations of such requirements. The pamphlet shall also include contact information for appropriate permitting authorities. ``(C) Deadline for pamphlet development.--Under the program-- ``(i) the pamphlet or pamphlets shall be developed for distribution not later than 180 days after the date of the issuance of the regulation establishing the program; ``(ii) operators of residential construction sites shall be informed of the availability of the pamphlets; and ``(iii) a pamphlet shall be given to an operator of a residential construction site at the earliest appropriate point in the process under which the operator is seeking approval from a local government to carry out the residential construction activity. ``(D) Consultation.--The Administrator shall consult with State and interstate water pollution control administrators and other affected interests in establishing the program.''. SEC. 6. GENERAL PERMITS. Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is further amended by adding at the end the following: ``(r) General Permits on a State, Regional, or Nationwide Basis.-- ``(1) In general.--In carrying out responsibilities and functions of the Administrator or a State under a program approved under subsection (b) relating to the discharge of pollutants under this section, the Administrator or the State may issue a general permit on a State, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. ``(2) General permit term.--No general permit issued under this section shall be for a period of more than 5 years after the date of its issuance. ``(3) Notice.--Before issuing a general permit under this section, the Administrator or State shall provide to the public notice and opportunity to comment on such permit for a period of 45 days. ``(4) Review not required.--The Administrator or State is not required to specifically review, approve, or provide notice and an opportunity for a public hearing and comment on, any application for a discharge under a general permit issued under this section. ``(5) Effective period for preexisting general permits.-- Any general permit issued under this section by the Administrator or a State before the date of enactment of this subsection shall remain in effect under the terms and conditions in effect on the date of its issuance.''. SEC. 7. DEFINITIONS. Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following: ``(25) Residential construction activity.--The term `residential construction activity' means a construction activity associated with the development and construction of housing of any type, including structures accessory or appurtenant thereto and any facilities or infrastructure necessary to serve such housing. ``(26) Operator.--The term `operator' means, as used with respect to a site at which a residential construction activity is being or will be carried out, a person, including a governmental entity, that-- ``(A) has operational control over construction plans and specifications, including the ability to make modifications to those plans and specifications; or ``(B) has day-to-day operational control over the construction activity that is necessary to ensure compliance with any applicable permit conditions and other regulatory requirements under this Act.''. | Stormwater Enforcement and Permitting Act of 2006 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to require the owner or operator of any point source to provide information necessary to address an imminent and substantial endangerment to public health or welfare or the environment. Requires the Administrator to provide an operator a reasonable opportunity to correct a violation of a permit condition for a site with residential construction activity before initiation of an enforcement action, if such violation has not resulted in a discharge of stormwater. Prohibits more than one opportunity to correct violations of the same condition. Prohibits the Administrator from requiring a permit for stormwater runoff from such a site if: (1) the runoff enters a municipal separate storm sewer system that is covered by a permit and the operator is in compliance with runoff requirements; and (2) such site has minimal potential for soil erosion. Prohibits the Administrator from exercising enforcement authority with respect to a state permit that authorizes stormwater discharge from such a site unless: (1) such a discharge flows across a state line or onto a federal facility or Indian tribal lands; (2) such permit was issued under a state program that the Administrator has suspended or withdrawn; or (3) a discharge results in imminent and substantial endangerment to public health or welfare or the environment. Prohibits the Administrator from paying any state penalty for a violation of a permit for such a discharge. Requires the Administrator to establish a program that will develop and distribute to site operators a pamphlet that explains permitting requirements for stormwater discharges. Authorizes the Administrator or the state to issue a general permit for no more than five years on a state, regional, or nationwide basis to cover any category of discharges, sludge use, disposal practices, or facilities. Declares that the Administrator or state is not required to review, approve, or provide an opportunity for public comment on any application for a discharge under a general permit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Early Learning and Opportunity Act of 1997''. SEC. 2. FINDINGS. The Congress finds the following: (1) The first 3 years of life are a critical period of brain development, intellectual growth, and emotional, social, affective, and moral development, that help determine the health and productivity of a child in later life. (2) Scientific research shows that how individuals function from preschool through adolescence and adulthood hinges to a significant extent on the experiences children have in their first 3 years of life. (3) One in 3 victims of physical abuse is a baby less than 1 year of age. (4) In 1993 the National Educational Goals Panel reported that nearly half of infants in the United States do not have what they need to grow and thrive. (5) High-quality care from a parent or other adult is necessary to facilitate growth and development. (6) More than 50 percent of mothers with children less than 1 year of age are working outside the home. (7) More than 50 percent of working women are not covered by the Family and Medical Leave Act of 1993, an Act that provides a 12-week, unpaid parental leave. (8) The United States is the only industrialized country in the world which does not provide paid maternity leave. Thirty developing countries provide paid maternity leave. (9) Five million children under age 3 are in the care of other adults while their parents work outside the home. (10) Parents of very young children have few child care service options. Many cannot afford to stay home with their children, or to pay for safe, high-quality developmental child care services. (11) Statewide and multistate studies have found that less than 20 percent of child care services for very young children is of good quality; nearly 50 percent is of such substandard quality that it adversely affects such children's development and may put their health and safety at risk. (12) Families with children less than 3 years of age are the single largest group living in poverty. Twenty-five percent of such children, 3,000,000 children, are living below the poverty line, are at greater risk for malnutrition, poor health, and maltreatment, and are less likely to receive the care they need from parents or other child care service providers to grow and develop normally. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to improve the quality, and to increase the availability, of child care services for children less than 3 years of age, (2) to improve the affordability of child care services available to such children, (3) to improve the quality, and to increase the availability, of services to assist families to nurture such children, and (4) to improve the coordination and effectiveness of existing programs that provide such services to such children and their families. TITLE I--EARLY LEARNING AND OPPORTUNITY GRANTS SEC. 101. GRANTS FOR SERVICES. (a) Authority To Make Grants.--The Secretary of Health and Human Services may make grants, on a competitive basis, to eligible States to improve the quality, and to increase the availability, of child care services for very young children and of support services for the families of such children. (b) Priority.--For the purpose of making grants under subsection (a), the Secretary shall give priority to eligible States to the extent that such State, as demonstrated in the application for a grant under such subsection-- (1) will minimize the administrative costs to be incurred to carry out the plan contained in such application, (2) has coordinated the activities described in the plan contained in such application, with providers of child care services for children between 3 and 6 years of age, and with providers of family support services for families of such children, located in the State, (3) has taken substantial legislative or executive action to reduce the duplication of, and barriers to providing, such services, and (4) during the fiscal year for which such grant is received, will reimburse such providers for such services at rates that reflect-- (A) the higher costs incurred by such providers who are accredited by national association that provides accreditation for providers of the respective types of such services and that is recognized by the Secretary, and (B) the higher costs incurred by such providers to provide child care services to children who are very young children. SEC. 102. ELIGIBILITY FOR GRANTS. To be eligible to receive a grant under section 101, a State shall submit to the Secretary an application that satisfies the following requirements: (1) Such application is prepared by the State after consultation with providers of child care services for very young children, and with providers of family support services for families of such children, located in the State. (2) Such application contains a plan that describes how the State will expend such grant to do 1 or more of the following: (A) To improve quality of child care services. (B) To improve licensing standards applicable to providers of child care services for very young children in the State by specifying matters that apply to providing child care services, such as child-to- staff ratios, group size, staff preparation and qualifications, ongoing staff training, health and safety, and linkages to parents and community services. (C) To improve enforcement of licensing standards applicable to providers of child care services for care for very young children in the State. (D) To improve salaries for caregivers of such child care services. (E) To support ongoing and more advanced training for such caregivers (including training to provide child care services for children with special needs) and to create incentives for individuals to obtain, and child care centers to employ individuals who have obtained, more advanced training in providing child care services. (F) To improve accessibility to child care services for very young children, including improving the quality of, and expanding the availability of, resource and referral services and transportation services for families with very young children. (G) To improve affordability of child care services for very young children. (H) To improve and expand support services to families with very young children. (I) To improve coordination of existing Federal and State programs that provide support services for families with very young children. (3) Such application shall contain assurances that-- (i) not more than 70 percent of the cost of carrying out the plan contained in such application will be paid with such grant together with any other available Federal funds, (ii) such grant will be used to supplement, not supplant, non-Federal funds otherwise available to provide child care services for very young children and support services for the families of such children, (iii) the State will expend in cash or in kind, from State resources (including private contributions and excluding resources available to local governmental entities) an amount not less than 30 percent of the amount of such grant, and (iv) such grant will be administered by the lead agency that is designated by the State under section 658D of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b). (4) Such application shall contain such other information and assurances as the Secretary may require by rule. SEC. 103. MODEL TRAINING PROGRAM FOR EMPLOYEES OF CHILD CARE PROVIDERS. The Secretary shall-- (1) by adapting the requirements in effect under section 1792(a) of title 10, United States Code, develop a voluntary model training program applicable to individuals who are employed as caregivers by providers of child care services, (2) make available to Head Start agencies and providers of child care services the model training code developed under paragraph (1), and (3) provide to such agencies and such providers technical assistance to implement such program. SEC. 104. DEFINITIONS. For purposes of this title: (1) Caregiver.--The term ``caregiver'' means an individual who provides a service directly to a child on a person-to- person basis. (2) Family support services.--The term ``family support services'' means community-based activities designed to promote parental competencies and behaviors that will increase the ability of families to successfully nurture their children. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. (4) Very young children.--The term ``very young children'' means children who are less than 3 years of age. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this title $360,000,000 for each of the fiscal years 1998, 1999, 2000, 2001, and 2002. TITLE II--AMENDMENT TO INTERNAL REVENUE CODE OF 1986 SEC. 201. REFERENCES. Except as otherwise expressly provided, whenever in this title 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. 202. TAXATION OF INCOME OF CONTROLLED FOREIGN CORPORATIONS ATTRIBUTABLE TO IMPORTED PROPERTY. (a) General Rule.--Subsection (a) of section 954 (defining foreign base company income) is amended by striking ``and'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, and'', and by adding at the end the following new paragraph: ``(6) imported property income for the taxable year (determined under subsection (h) and reduced as provided in subsection (b)(5)).'' (b) Definition of Imported Property Income.--Section 954 is amended by adding at the end the following new subsection: ``(h) Imported Property Income.-- ``(1) In general.--For purposes of subsection (a)(6), the term `imported property income' means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with-- ``(A) manufacturing, producing, growing, or extracting imported property, ``(B) the sale, exchange, or other disposition of imported property, or ``(C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). ``(2) Imported property.--For purposes of this subsection-- ``(A) In general.--Except as otherwise provided in this paragraph, the term `imported property' means property which is imported into the United States by the controlled foreign corporation or a related person. ``(B) Imported property includes certain property imported by unrelated persons.--The term `imported property' includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that-- ``(i) such property would be imported into the United States, or ``(ii) such property would be used as a component in other property which would be imported into the United States. ``(C) Exception for property subsequently exported.--The term `imported property' does not include any property which is imported into the United States and which-- ``(i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States, or ``(ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. ``(3) Definitions and special rules.-- ``(A) Import.--For purposes of this subsection, the term `import' means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use an intangible (as defined in section 936(b)(3)(B)) in the United States. ``(B) Unrelated person.--For purposes of this subsection, the term `unrelated person' means any person who is not a related person with respect to the controlled foreign corporation. ``(C) Coordination with foreign base company sales income.--For purposes of this section, the term `foreign base company sales income' shall not include any imported property income.'' (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income.-- (1) In general.--Paragraph (1) of section 904(d) (relating to separate application of section with respect to certain categories of income) is amended by striking ``and'' at the end of subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and by inserting after subparagraph (H) the following new subparagraph: ``(I) imported property income, and''. (2) Imported property income defined.--Paragraph (2) of section 904(d) is amended by redesignating subparagraphs (H) and (I) as subparagraphs (I) and (J), respectively, and by inserting after subparagraph (G) the following new subparagraph: ``(H) Imported property income.--The term `imported property income' means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(h)).'' (3) Look-through rules to apply.--Subparagraph (F) of section 904(d)(3) is amended by striking ``or (E)'' and inserting ``(E), or (H)''. (d) Technical Amendments.-- (1) Clause (iii) of section 952(c)(1)(B) (relating to certain prior year deficits may be taken into account) is amended by inserting the following subclause after subclause (II) (and by redesignating the following subclauses accordingly): ``(III) imported property income,''. (2) Paragraph (5) of section 954(b) (relating to deductions to be taken into account) is amended by striking ``and the foreign base company oil related income'' and inserting ``the foreign base company oil related income, and the imported property income''. (e) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 1996, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. (2) Subsection (c).--The amendments made by subsection (c) shall apply to taxable years beginning after December 31, 1996. TITLE III--AMENDMENT TO FAMILY AND MEDICAL LEAVE ACT OF 1993 SEC. 301. COVERAGE OF EMPLOYEES. Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of the Family and Medical Leave Act of 1993(29 U.S.C. 2611 (2)(B)(ii) and (4)(A)(i)) are each amended by striking ``50'' each place it appears and inserting ``20''. SEC. 302. EFFECTIVE DATE. This title shall take effect 120 days after the date of the enactment of this Act. TITLE IV--AMENDMENTS TO THE HEAD START ACT SEC. 401. AUTHORIZATION OF APPROPRIATIONS. Section 639(a) of the Head Start Act (42 U.S.C. 9834(a)) is amended by inserting before the period at the end the following: ``, $4,900,000,000 for fiscal year 1999, $5,500,000,000 for fiscal year 2000, $6,100,000,000 for fiscal year 2001, and $6,700,000,000 for fiscal year 2002''. SEC. 402. ALLOTMENT OF FUNDS. (a) Training and Technical Assistance.--Section 640(a)(2)(C) of the Head Start Act (42 U.S.C. 9835(a)(2)(C)) is amended by striking ``2 percent'' and inserting ``3 percent''. (b) Programs for Families With Infants and Toddlers.--Section 640(a)(6) of the Head Start Act (42 U.S.C. 9835(a)(6)) is amended-- (1) by striking ``1997, and'' and inserting ``1997,'', and (2) by inserting after ``1998,'' the following: ``, 6 percent for fiscal year 1999, 7 percent for fiscal year 2000, 8 percent for fiscal year 2001, and 9 percent for fiscal year 2002''. SEC. 403. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on October 1, 1997. | TABLE OF CONTENTS: Title I: Early Learning and Opportunity Grants Title II: Amendment to Internal Revenue Code of 1986 Title III: Amendment to Family and Medical Leave Act of 1993 Title IV: Amendments to the Head Start Act Early Learning and Opportunity Act of 1997 - Title I: Early Learning and Opportunity Grants - Authorizes the Secretary of Health and Human Services to make grants to eligible States to improve the quality and increase the availability of child care services, and of family support services, for families with children less than three years of age. (Sec. 103) Directs the Secretary to: (1) develop a voluntary model training program for employees of child care providers; (2) make available to Head Start agencies and child care providers the code developed for such model training program; and (3) provide technical assistance to such agencies and providers to implement it. (Sec. 105) Authorizes appropriations. Title II: Amendment to Internal Revenue Code of 1986 - Amends the Internal Revenue Code to include imported property income (except for foreign oil and gas related income, or property subsequently exported) as foreign base company income in the gross income of a U.S. shareholder of a controlled foreign corporation. Title III: Amendment to Family and Medical Leave Act of 1993 - Amends the Family and Medical Leave Act of 1993 to extend its coverage to employers with more than 20 employees (current law applies only to employers with more than 50 employees). Title IV: Amendment to the Head Start Act - Amends the Head Start Act to extend the authorization of appropriations. (Sec. 402) Revises a formula for allotment of certain training and technical assistance funds under such Act. Increases the amount of funds reserved for services to families with children less than three years of age (programs for families with infants and toddlers). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Lands Rehabilitation and Job Creation Act''. SEC. 2. CONGRESSIONAL FINDINGS. The Congress finds the following: (1) The National Park Service's (NPS) 67,000 park assets include over 17,000 buildings, 4,000 housing units, 1,200 campgrounds, 3,000 water and waste water systems, 5,000 miles of paved roadways, and 18,000 miles of trails; in total, these facilities have a replacement value in excess of $100 billion. (2) The NPS's maintenance backlog can be traced to two primary causes, the first being that new parks were added to the National Park System with facilities that were frequently in poor condition when transferred, and the second being that inadequate funding and staffing over a number of years caused routine maintenance to slip, slowly but steadily causing minor problems to compound, leading to the need for major repairs and in some cases, new construction. (3) Over one-half of the backlogged infrastructure repair and rehabilitation projects fall under the category of roads and road-related infrastructure. (4) To now reverse the backlog which has grown to nearly $10 billion requires a concerted effort involving necessary repairs and full funding of cyclic and routine maintenance programs so that new problems can be treated at the earliest possible stage. (5) Although the American Recovery and Reinvestment Act of 2009 (ARRA) provided a much needed infusion of funds to kick- start repairs in a number of parks, the NPS has identified approximately $3.2 billion in highest priority critical system deferred maintenance projects (those projects most important to park operations) remaining. (6) Because the ARRA-funded projects have depleted the number of shovel-ready projects that NPS had ready for construction, the NPS recommends that any funding increase should be phased in over several years in order to allow the NPS to rebuild its staff and support capacity. (7) The NPS identifies preventive maintenance as the key to slowing the growth of the maintenance backlog. (8) The NPS cyclic maintenance program is currently funded at about $100 million a year and is designed to perform preventive maintenance through roof repairs, painting, and road resealing. The NPS maintenance management system indicates a need to increase this fund to $350 million annually, an increase of $250 million from current levels. (9) The NPS warns that any gains made through increased cyclic maintenance efforts will be minimized unless additional park operational maintenance is also increased. (10) At the present time, the NPS has approximately 8,000 permanent and seasonal maintenance employees working within its 391 units. Virtually every park manager asserts that their current staffing level is woefully insufficient to take on identified maintenance needs, and as a result, needed repairs go unaddressed, ultimately adding to an ever growing backlog. (11) Evaluations by outside groups and individuals have routinely identified a 50 to 100 percent maintenance staffing shortfall in the parks they have visited. To increase maintenance staffing by 50 percent would require an additional operational increase of $350 million a year. (12) The NPS estimates that in 4 to 6 months after funding is provided, it can prepare needed plans and complete most of its hiring efforts for additional construction and maintenance work. (13) With respect to National Forests, according to the Wilderness Society, road removal and reclamation, rather than road closings, are the best and most long-term solution to addressing the negative impacts of roads on forest ecosystems. With the proper training, roads and culverts can be reclaimed and slopes recontoured, using the very same excavators, bulldozers, and dump trucks used to build the roads in the first place. (14) For rural communities, road removal and reclamation has the potential to create high-skill, high-wage, locally based jobs, to improve community water supplies, and to enrich fishing and hunting opportunities. Studies in Oregon and northern California have shown that roadwork requiring heavy equipment tends to be more locally based than thinning and planting work, where crews often come from hundreds of miles away. (15) In the long run, the Forest Service estimates that road and culvert reclamation would save taxpayers up to $1,200 per mile in reduced maintenance costs annually. Additionally, each $1 million spent on road decommissioning will support an estimated 11 direct jobs for heavy equipment operators and 3.5 jobs for other forest workers. (16) While shovel-ready projects are good for rural communities, the environment, and ultimately for taxpayers, the reality is that the Forest Service currently has only a limited number of shovel-ready roads-related projects on which to begin work. To successfully allocate funding, the Forest Service needs to identify its minimum road system, design the engineering on projects to remove unneeded roads, and do the project level National Environmental Policy Act analysis before it can break ground. Like shovel-ready projects, this necessary analysis work would also create family-wage, high-skilled, green jobs. SEC. 3. EMERGENCY SUPPLEMENTAL APPROPRIATIONS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide emergency supplemental appropriations for fiscal year 2010: DEPARTMENT OF THE INTERIOR National Park Service operation of the national park service For an additional amount for ``Operation of the National Park Service'' for cyclic and routine maintenance and repair of visitor use, cultural resource, and other park use facilities, $1,250,000,000, to remain available until September 30, 2014: Provided, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. construction For an additional amount for ``Construction'' for major repairs and construction, $2,000,000,000, to remain available until September 30, 2014: Provided, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. DEPARTMENT OF AGRICULTURE Forest Service capital improvement and maintenance For an additional amount for ``Capital Improvement and Maintenance'' for road-related projects, including road decommissioning, $500,000,000, to remain available until September 30, 2014: Provided, That at least $100,000,000 of the amount appropriated under this heading shall be for identifying a minimum road system for every national forest and grassland pursuant to section 212.5(b) of title 36, Code of Federal Regulations, as in effect on December 10, 2009: Provided further, That at least $100,000,000 of the amount appropriated under this heading shall be for inventorying, designing, engineering, and executing the work to decommission unauthorized roads: Provided further, The activities conducted under this heading may be carried out through contracting with private entities: Provided further, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. DEPARTMENT OF TRANSPORTATION Federal Highway Administration highway infrastructure investment For an additional amount for ``Highway Infrastructure Investment'' for the Park Roads and Parkways program for critical park road and transportation-related infrastructure repairs and maintenance under section 204 of title 23, United States Code, $1,000,000,000, to remain available until September 30, 2014: Provided, That the amount under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to sections 403 and 423(b) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. | Public Lands Rehabilitation and Job Creation Act - Makes emergency supplemental appropriations for FY2010 to: (1) the Department of the Interior for National Park Service operations and construction; (2) the Department of Agriculture for the Forest Service for capital improvement and maintenance road projects; and (3) the Department of Transportation (DOT) for the Federal Highway Administration (FHWA) for highway infrastructure investment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Family Asthma Act''. SEC. 2. FINDINGS. Congress finds the following: (1) The number of people ever diagnosed with asthma increased by 50 percent between 1998 and 2012. According to the Centers for Disease Control and Prevention, in 2012 more than 25,500,000 Americans had been diagnosed with asthma, including an estimated 6,800,000 children. (2) According to the Centers for Disease Control and Prevention, in 2010 more than 3,400 Americans died from asthma. The rate of mortality from asthma is higher among African Americans and women. (3) The Centers for Disease Control and Prevention report that asthma accounted for approximately 480,000 hospitalizations and 2,100,000 visits to hospital emergency departments in 2009. (4) According to the Centers for Disease Control and Prevention, the annual cost of asthma to the United States is approximately $56,000,000,000, including $5,900,000,000 in indirect costs from lost productivity. (5) According to the Centers for Disease Control and Prevention, 10,500,000 school days and 14,200,000 work days are missed annually as a result of asthma. (6) Asthma episodes can be triggered by both outdoor air pollution and indoor air pollution, including pollutants such as cigarette smoke and combustion by-products. Asthma episodes can also be triggered by indoor allergens such as animal dander and outdoor allergens such as pollen and molds. (7) Public health interventions and medical care in accordance with existing guidelines have been proven effective in the treatment and management of asthma. Better asthma management could reduce the numbers of emergency department visits and hospitalizations due to asthma. Studies published in medical journals have shown that better asthma management results in improved asthma outcomes at a lower cost. (8) In 2011, the Centers for Disease Control and Prevention reported that less than half of people with asthma had been taught how to avoid asthma triggers. More education about triggers, proper treatment, and asthma management methods is needed. (9) The alarming rise in the prevalence of asthma, its adverse effect on school attendance and productivity, and its cost for hospitalizations and emergency room visits, highlight the importance of public health interventions, including increasing awareness of asthma as a chronic illness, its symptoms, the role of both indoor and outdoor environmental factors that exacerbate the disease, and other factors that affect its exacerbations and severity. The goals of the Federal Government and its partners in the nonprofit and private sectors should include reducing the number and severity of asthma attacks, asthma's financial burden, and the health disparities associated with asthma. (10) The high health and financial burden caused by asthma underscores the importance of adherence to the National Asthma Education and Prevention Guidelines of the National Heart, Lung, and Blood Institute. Increasing adherence to guidelines- based care and resulting patient management practices will enhance the quality of life for patients with asthma and decrease asthma-related morbidity and mortality. SEC. 3. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. Section 317I of the Public Health Service Act (42 U.S.C. 247b-10) is amended to read as follows: ``SEC. 317I. ASTHMA-RELATED ACTIVITIES OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION. ``(a) Program for Providing Information and Education to the Public.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to conduct activities, including the provision of information and education to the public regarding asthma including-- ``(1) deterring the harmful consequences of uncontrolled asthma; and ``(2) disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma. ``(b) Development of State Asthma Plans.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall collaborate with State and local health departments to develop State plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. ``(c) Compilation of Data.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall, in cooperation with State and local public health officials-- ``(1) conduct asthma surveillance activities to collect data on the prevalence and severity of asthma, the effectiveness of public health asthma interventions, and the quality of asthma management, including-- ``(A) collection of household data on the local burden of asthma; ``(B) surveillance of health care facilities; and ``(C) collection of data not containing individually identifiable information from electronic health records or other electronic communications; ``(2) compile and annually publish data regarding the prevalence and incidence of childhood asthma, the child mortality rate, and the number of hospital admissions and emergency department visits by children associated with asthma nationally and in each State and at the county level by age, sex, race, and ethnicity, as well as lifetime and current prevalence; and ``(3) compile and annually publish data regarding the prevalence and incidence of adult asthma, the adult mortality rate, and the number of hospital admissions and emergency department visits by adults associated with asthma nationally and in each State and at the county level by age, sex, race, ethnicity, industry, and occupation, as well as lifetime and current prevalence. ``(d) Coordination of Data Collection.--The Director of the Centers for Disease Control and Prevention, in conjunction with State and local health departments, shall coordinate data collection activities under subsection (c)(2) so as to maximize the comparability of results. ``(e) Collaboration.-- ``(1) In general.--The Centers for Disease Control and Prevention are encouraged to collaborate with national, State, and local nonprofit organizations to provide information and education about asthma, and to strengthen such collaborations when possible. ``(2) Specific activities.--The Division of Adolescent and School Health is encouraged to expand its activities with non- Federal partners, especially State-level entities. ``(f) Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated $65,000,000 for the period of fiscal years 2016 through 2020. ``(g) Report to Congress.-- ``(1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary shall, in consultation with patient groups, nonprofit organizations, medical societies, and other relevant governmental and nongovernmental entities, submit to Congress a report that-- ``(A) catalogs, with respect to asthma prevention, management, and surveillance-- ``(i) the activities of the Federal Government, including an assessment of the progress of the Federal Government and States, with respect to achieving the goals of the Healthy People 2020 initiative; and ``(ii) the activities of other entities that participate in the program under this section, including nonprofit organizations, patient advocacy groups, and medical societies; and ``(B) makes recommendations for the future direction of asthma activities, in consultation with researchers from the National Institutes of Health and other member bodies of the National Asthma Education and Prevention Program who are qualified to review and analyze data and evaluate interventions, including-- ``(i) a description of how the Federal Government may improve its response to asthma, including identifying any barriers that may exist; ``(ii) a description of how the Federal Government may continue, expand, and improve its private-public partnerships with respect to asthma, including identifying any barriers that may exist; ``(iii) the identification of steps that may be taken to reduce the-- ``(I) morbidity, mortality, and overall prevalence of asthma; ``(II) financial burden of asthma on society; ``(III) burden of asthma on disproportionately affected areas, particularly those in medically underserved populations (as defined in section 330(b)(3)); and ``(IV) burden of asthma as a chronic disease; ``(iv) the identification of programs and policies that have achieved the steps described under clause (iii), and steps that may be taken to expand such programs and policies to benefit larger populations; and ``(v) recommendations for future research and interventions. ``(2) Updates to congress.-- ``(A) Congressional request.--During the 5-year period following the submission of the report under paragraph (1), the Secretary shall submit updates and revisions of the report upon the request of the Congress. ``(B) Five-year reevaluation.--At the end of the 5- year period following the submission of the report under paragraph (1), the Secretary shall evaluate the analyses and recommendations made under such report and determine whether a new report to the Congress is necessary, and make appropriate recommendations to the Congress.''. | Family Asthma Act Amends the Public Health Service Act to require the Centers for Disease Control and Prevention (CDC) to collaborate with state and local health departments to: (1) conduct activities regarding asthma, including deterring the harmful consequences of uncontrolled asthma, and disseminating health education and information regarding prevention of asthma episodes and strategies for managing asthma; and (2) develop state plans incorporating public health responses to reduce the burden of asthma, particularly regarding disproportionately affected populations. Revises and expands requirements for asthma surveillance activities. Requires the CDC to coordinate data collection activities to maximize the comparability of results. Requires the Department of Health and Human Services to submit an assessment of current activities related to asthma prevention, management, and surveillance along with recommendations for the future direction of asthma activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Teacher Education for Autistic Children Act of 2002'' or the ``TEACH Act of 2002''. SEC. 2. TRAINING OF SPECIAL EDUCATION TEACHERS WITH EXPERTISE IN AUTISM SPECTRUM DISORDERS. (a) Authorization of Appropriations.--In addition to such sums as are otherwise authorized to be appropriated for ``Special Education- Personnel Preparation to Improve Services and Results for Children with Disabilities'', there are authorized to be appropriated for ``Special Education-Personnel Preparation to Improve Services and Results for Children with Disabilities'', for each of the fiscal year 2003 through 2007, $15,000,000-- (1) to provide technical assistance grants to develop standards for training teachers with respect to the provision of education for children with autism spectrum disorders (ASD) and to integrate such standards into the existing training infrastructure; (2) to train special education teachers with an expertise in autism spectrum disorders; and (3) to provide preservice or professional development training of personnel to be special education teachers, aides of such teachers or other paraprofessionals providing teaching assistance, special education administrators, or staff specialists (such as speech-language pathologists and school psychologists) with an expertise in autism spectrum disorders. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. SEC. 3. IMPROVING RESULTS FOR CHILDREN WITH AUTISM SPECTRUM DISORDERS. (a) Authorization of Appropriations.--In addition to such sums as are otherwise authorized to be appropriated to carry out subpart 1 of part D of the Individuals with Disabilities Education Act, there are authorized to be appropriated for each of the fiscal years 2003 through 2007 $5,000,000 for competitive grants under subpart 1 of part D of such Act to assist State educational agencies, in cooperation with other appropriate entities, to improve results for children with autism spectrum disorders (ASD). (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. SEC. 4. REFUNDABLE TAX CREDIT FOR EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM DISORDERS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 following new section: ``SEC. 35. EDUCATION AND TRAINING RELATING TO AUTISM SPECTRUM DISORDERS. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the qualified expenses which are paid or incurred by the taxpayer during such taxable year. ``(b) Limitation.--The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $10,000. ``(c) Qualified Expenses.--The term `qualified expenses' means-- ``(1) tuition, fees, books, supplies, and equipment required for the enrollment or attendance of such individual in a course or program of study to prepare such individual to teach children or adults with an autism spectrum disorder, and ``(2) interest on a qualified education loan (as defined by section 221(d)(1) the proceeds of which are used to for expenses described in paragraph (1). ``(d) Autism Spectrum Disorders.--For purposes of this section, the term `autism spectrum disorders' has the meaning given such term in section 9 of the Teacher Education for Autistic Children Act of 2002. ``(e) Special Rules.-- ``(1) Approval of courses and programs of study.--A course or program of study shall not be taken into account for purposes of subsection (c) unless such course or program is approved by the State in which such course or program is offered. ``(2) Denial of double benefit.--No credit or deduction shall be allowed under this chapter for any expense for which credit is allowed under this section. ``(3) Coordination with other education provisions.--The total amount of qualified expenses shall be reduced by the amount of such expenses taken into account in determining any amount allowed as a credit under section 25A, excluded under section 135, 529(c)(1), or 530(d)(2), or deducted under section 222. For purposes of the preceding sentence, the amount taken into account in determining the amount excluded under section 529(c)(1) shall not include that portion of the distribution which represents a return of any contributions to the plan. ``(f) Termination.--This section shall not apply to taxable years beginning after December 31, 2007.''. (b) Technical Amendment.--Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting ``or from section 35 of such Code'' before the period at the end. (c) Clerical Amendment.--The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: ``Sec. 35. Education and training relating to autism spectrum disorders. ``Sec. 36. Overpayments of tax.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2002. SEC. 5. REPORT ON AUTISM EARLY INTERVENTION ACTIVITIES. (a) Report.--Section 613 of the Individuals with Disabilities Education Act (20 U.S.C. 1413) is amended by adding at the end the following: ``(k) Report on Autism Early Intervention Activities.-- ``(1) In general.--A local educational agency that receives assistance under this part for a fiscal year shall prepare and submit to the Secretary a report that contains a description of the activities referred to in paragraph (2) carried out in the preceding fiscal year. ``(2) Information.--The activities referred to in this paragraph are the following: ``(A) Activities carried out by the agency to ensure that students who exhibit symptoms of autism spectrum disorders (ASD) are referred to appropriate experts for diagnosis. ``(B) Appropriate training provided by the agency, or on behalf of the agency, of personnel of the agency and schools of the agency to carry out the activities described in subparagraph (A). ``(3) Definition.--In this subsection, the term `autism spectrum disorders' has the meaning given the term in section 9 of the Teacher Education for Autistic Children Act of 2002.''. (b) Technical Assistance.--The Secretary of Education shall provide technical assistance to local educational agencies that receive assistance under part B of the Individuals with Disabilities Education Act to assist such agencies comply with the reporting requirement under section 613(k) of such Act (as added by subsection (a)). SEC. 6. TASK FORCE ON AUTISM SPECTRUM DISORDERS. (a) Establishment.--The Secretary of Education, acting through the Assistant Secretary for Special Education and Rehabilitative Services, shall establish and provide administrative support for a Task Force on Autism Spectrum Disorders (ASD) (in this section referred to as the ``Task Force''). (b) Duties.--The Task Force shall-- (1) conduct a review of minimum standards relating to the provision of special education for children with autism spectrum disorders and provide recommendations to improve or otherwise strengthen such standards; (2) conduct a review of the effectiveness of existing educational models used with respect to the provision of special education for children with autism spectrum disorders; and (3) conduct an evaluation of programs carried out by State and local educational agencies to train teachers with respect to the provision of special education for children with autism spectrum disorders and provide recommendations to improve and expand such programs. (c) Composition.-- (1) In general.--The Secretary of Education, acting through the Assistant Secretary for Special Education and Rehabilitative Services and in consultation with the Director of the National Research Council (or the Director's designee), shall appoint members of the Task Force as follows: (A) Not less than two members shall be representatives from national autism organizations. (B) Not less than one member shall be an individual with an autism spectrum disorder or a parent (or legal guardian) of such an individual. (C) Not less than two members shall be representatives from academia or professionals with experience in working with children with autism. (D) Not less than two members shall be appropriate officers or employees of the Department of Education. (E) Not less than two members shall be appropriate officers or employees of the Department of Health and Human Services (to be appointed in consultation with the Secretary of Health and Human Services). (2) Compensation.-- (A) Rates of pay.--Except as provided in subparagraph (B), members of the Task Force shall be paid at the maximum rate of basic pay for GS-14 of the General Schedule for each day during which they are engaged in the actual performance of duties of the Task Force. (B) Prohibition of compensation of federal employees.--Members of the Task Force who are full-time officers or employees of the United States may not receive additional pay, allowances, or benefits by reason of their service on the Task Force. (C) Travel expenses.--Each member of the Task Force shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (d) Report.--Not later than one year after the date of the enactment of this Act, and annually thereafter for each of the subsequent four calendar years, the Task Force shall prepare and submit to the Secretary of Education a report that contains the results of the reviews and evaluations conducted pursuant to subsection (b) and a description of the recommendations proposed pursuant to such subsection. (e) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to carry out this section $500,000 for fiscal years 2003 through 2007. (2) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. SEC. 7. STUDY AND REPORT ON FEDERAL VOCATIONAL TRAINING PROGRAMS. (a) Study.--The Secretary of Education, in conjunction with the Secretary of Labor (hereinafter in this section referred to as the ``Secretaries''), shall conduct a study on the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with autism spectrum disorders (ASD) (b) Report.--Not later than 18 months after the date of the enactment of this Act, the Secretaries shall submit to Congress a report that contains the following: (1) The results of the study conducted under subsection (a). (2) Administrative and legislative recommendations to improve the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with autism spectrum disorders. (3) Recommendations on appropriate data that should be collected, maintained, and disseminated in order to better monitor the effectiveness of each vocational training program that serves individuals with autism spectrum disorders. SEC. 8. STATE AUTISM OMBUDSMAN OFFICES. (a) Grants to States.--Of the amount appropriated pursuant to the authorization of appropriations under subsection (d) for a fiscal year, the Secretary of Education shall provide grants to each State that meets the requirements of subsection (b) for the purpose of carrying out this section. (b) State Requirements.--A State meets the requirements of this subsection if it establishes and operates (including through the use of funds provided under a grant under subsection (a)) at least one State autism ombudsman office in accordance with this section. The office shall be headed by an individual who shall be selected from among individuals who are members of, or approved by, national, non-profit organizations, including their State and local affiliate organizations, dedicated to addressing, by whatever means, the needs of individuals with autism spectrum disorders or their families or legal guardians. (c) Duties of Office.-- (1) In general.--A State autism ombudsman office established in accordance with subsection (b) shall serve individuals with autism spectrum disorders and their families or guardians as a resource to assist with legal, educational, and family support systems issues, including by advising families or guardians on the process of the individualized education program, interpreting school communications regarding a child who exhibits autistic behavior, proposing alternatives to those proposed by the IEP team, and otherwise mediating between families or guardians of a child with an autism spectrum disorder and officials of local or State public school systems, agencies, or boards. (2) Definition.--In this subsection, the term ``individualized education program'' or ``IEP'' means a written statement for a child with a disability that is developed, reviewed, and revised in accordance with section 614(d) of the Individuals with Disabilities Education Act. (d) Requirements.--A State autism ombudsman office established in accordance with subsection (b) shall-- (1) coordinate with the State developmental disabilities council, university-affiliated programs, regional resource centers, and other appropriate State entities; and (2) operate independently of the State educational agency and local educational agencies within the State. (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $8,000,000 for each of the fiscal years 2003 through 2007. SEC. 9. DEFINITION. In this Act, the term ``autism spectrum disorders''-- (1) means any of a group of life-long neurological disabilities, characterized by problems with social interactions and communication skills, and by the need for sameness or repetition in behavior; and (2) includes autistic disorder, Asperger's disorder, and pervasive developmental disorder not otherwise specified. | Teacher Education for Autistic Children Act of 2002 - TEACH Act of 2002 - Authorizes additional appropriations for: (1) training of special education teachers with expertise in autism spectrum disorders (ASD); and (2) improving results for children with ASD, under the Individuals with Disabilities Education Act (IDEA).Amends the Internal Revenue Code to establish a refundable tax credit for education and training relating to ASD.Amends IDEA to require local educational agencies receiving IDEA assistance to report on autism early intervention activities.Directs the Secretary of Education: (1) acting through the Assistant Secretary for Special Education and Rehabilitative Services, to establish and provide administrative support for a task force on ASD; (2) with the Secretary of Labor, to study and report to Congress on the effectiveness of Federal vocational training programs in providing appropriate assistance to individuals with ASD; and (3) to make grants to each State that establishes and operates at least one State autism ombudsman office. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patent and Trademark Office Authorization Act of 1993''. SEC. 2. AUTHORIZATION OF AMOUNTS AVAILABLE TO THE PATENT AND TRADEMARK OFFICE. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Patent and Trademark Office for salaries and necessary expenses the sum of $103,000,000 for fiscal year 1994, to be derived from deposits in the Patent and Trademark Office Fee Surcharge Fund established under section 10101 of the Omnibus Budget Reconciliation Act of 1990 (35 U.S.C. note). (b) Fees.--There are also authorized to be made available to the Patent and Trademark Office for fiscal year 1994, to the extent provided in advance in appropriation Acts, such sums as are equal to the amount collected during such fiscal year from fees under title 35, United States Code, and the Trademark Act of 1946 (15 U.S.C. 1051 and following). SEC. 3. AMOUNTS AUTHORIZED TO BE CARRIED OVER. Amounts appropriated or made available pursuant to this Act may remain available until expended. SEC. 4. ADJUSTMENT OF TRADEMARK FEES. Effective on the date of the enactment of this Act, the fee under section 31(a) of the Trademark Act of 1946 (15 U.S.C. 1113(a)) for filing an application for the registration of a trademark shall be $245. Any adjustment of such fee under the second sentence of such section may not be effective before October 1, 1994. SEC. 5. INTERIM PATENT EXTENSIONS. Section 156 of title 35, United States Code, is amended-- (1) in subsection (c)(4) by striking out ``extended'' and inserting ``extended under subsection (e)(1)''; (2) in the second sentence of subsection (d)(1) by striking ``Such'' and inserting ``Except as provided in paragraph (5), such''; and (3) by adding at the end of subsection (d) the following new paragraph: ``(5)(A) If the owner of record of the patent or its agent reasonably expects that the applicable regulatory review period described in paragraph (1)(B)(ii), (2)(B)(ii), (3)(B)(ii), (4)(B)(ii), or (5)(B)(ii) of subsection (g) that began for a product that is the subject of such patent may extend beyond the expiration of the patent term in effect, the owner or its agent may submit an application to the Commissioner for an interim extension during the period beginning 6 months, and ending 15 days, before such term is due to expire. The application shall contain-- ``(i) the identity of the product subject to regulatory review and the Federal statute under which such review is occurring; ``(ii) the identity of the patent for which interim extension is being sought and the identity of each claim of such patent which claims the product under regulatory review or a method of using or manufacturing the product; ``(iii) information to enable the Commissioner to determine under subsection (a)(1), (2), and (3) the eligibility of a patent for extension; ``(iv) a brief description of the activities undertaken by the applicant during the applicable regulatory review period to date with respect to the product under review and the significant dates applicable to such activities; and ``(v) such patent or other information as the Commissioner may require. ``(B) If the Commissioner determines that, except for permission to market or use the product commercially, the patent would be eligible for an extension of the patent term under this section, the Commissioner shall publish in the Federal Register a notice of such determination, including the identity of the product under regulatory review, and shall issue to the applicant a certificate of interim extension for a period of not more than 1 year. ``(C) The owner of record of a patent, or its agent, for which an interim extension has been granted under subparagraph (B), may apply for not more than 4 subsequent interim extensions under this paragraph, except that, in the case of a patent subject to subsection (g)(6)(C), the owner of record of the patent, or its agent, may apply for only 1 subsequent interim extension under this paragraph. Each such subsequent application shall be made during the period beginning 60 days before, and ending 30 days before, the expiration of the preceding interim extension. ``(D) Each certificate of interim extension under this paragraph shall be recorded in the official file of the patent and shall be considered part of the original patent. ``(E) Any interim extension granted under this paragraph shall terminate at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, except that, if within that 60-day period the applicant notifies the Commissioner of such permission and submits any additional information under paragraph (1) of this subsection not previously contained in the application for interim extension, the patent shall be further extended, in accordance with the provisions of this section-- ``(i) for not to exceed 5 years from the date of expiration of the original patent term; or ``(ii) if the patent is subject to subsection (g)(6)(C), from the date on which the product involved receives approval for commercial marketing or use. ``(F) The rights derived from any patent the term of which is extended under this paragraph shall, during the period of interim extension-- ``(i) in the case of a patent which claims a product, be limited to any use then under regulatory review; ``(ii) in the case of a patent which claims a method of using a product, be limited to any use claimed by the patent then under regulatory review; and ``(iii) in the case of a patent which claims a method of manufacturing a product, be limited to the method of manufacturing as used to make the product then under regulatory review.''. SEC. 6. CONFORMING AMENDMENTS. Section 156 of title 35, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (1) by striking ``(d)'' and inserting ``(d)(1)''; and (B) in paragraph (3) by striking ``subsection (d)'' and inserting ``paragraphs (1) through (4) of subsection (d)''; (2) in subsection (b) by striking ``The rights'' and inserting ``Except as provided in subsection (d)(5)(F), the rights''; and (3) in subsection (e)-- (A) in paragraph (1) by striking ``subsection (d)'' and inserting ``paragraphs (1) through (4) of subsection (d)''; and (B) in paragraph (2) by striking ``(d)'' and inserting ``(d)(1)''. SEC. 7. PATENT TERM EXTENSIONS FOR AMERICAN LEGION. (a) Badge of American Legion.--The term of a certain design patent numbered 54,296 (for the badge of the American Legion) is renewed and extended for a period of 14 years beginning on the date of enactment of this Act, with all the rights and privileges pertaining to such patent. (b) Badge of American Legion Women's Auxiliary.--The term of a certain design patent numbered 55,398 (for the badge of the American Legion Women's Auxiliary) is renewed and extended for a period of 14 years beginning on the date of enactment of this Act, with all the rights and privileges pertaining to such patent. (c) Badge of Sons of the American Legion.--The term of a certain design patent numbered 92,187 (for the badge of the Sons of the American Legion) is renewed and extended for a period of 14 years beginning on the date of enactment of this Act, with all the rights and privileges pertaining to such patent. SEC. 8. INTERVENING RIGHTS. The renewals and extensions of the patents under section 6 shall not result in infringement of any such patent on account of any use of the subject matter of the patent, or substantial preparation for such use, which began after the patent expired, but before the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Patent and Trademark Office Authorization Act of 1993 - Authorizes appropriations to the Patent and Trademark Office for FY 1994. Sets the trademark fee at $245 and prohibits any adjustments to such fee before October 1, 1994. Amends the Drug Price Competition and Patent Term Restoration Act of 1984 to authorize the owner of record of the patent or its agent to submit an application to the Commissioner of Patents and Trademarks for an interim extension of such patent if the owner or agent expects that the regulatory review period that began for the product involved may extend beyond such expiration. Directs the Commissioner to issue to the applicant a certificate of interim extension for a maximum one-year period, subject to specified conditions. Limits an applicant to four subsequent interim extensions and to one extension in some cases. Requires applications for such extensions to be made during the period beginning 60 days before, and ending 30 days before, the expiration of the preceding interim extension. Terminates such interim extension at the end of the 60-day period beginning on the date on which the product involved receives permission for commercial marketing or use, unless within such period, the applicant notifies the Commissioner of such permission and submits any additional information not previously contained in the interim extension application. Extends such patent for at least five years from the date of the expiration of the original patent term or, in certain circumstances, from the date on which the product involved receives approval for commercial marketing or use. Limits the rights derived from the extended patents during the period of interim extension in the case of a patent which claims a: (1) product, to any use then under regulatory review; (2) method of using a product, to any use claimed by the patent then under regulatory review; and (3) method of manufacturing a product, to the method of manufacturing as used to make the product then under regulatory review. Extends the terms of certain patents for the badges of the American Legion, the American Legion Women's Auxiliary, and the Sons of the American Legion. |
SECTION 1. REFERENCE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 2. CONSOLIDATION LOAN INTEREST RATES. (a) FFEL Loans.--Paragraph (3) of section 427A(l) (20 U.S.C. 1077a(l)) is amended to read as follows: ``(3) Consolidation loans.-- ``(A) Borrower election.--With respect to any consolidation loan under section 428C for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, at the election of the borrower at the time of application for the loan, be either at the rate determined under subparagraph (B) or the rate determined under subparagraph (C). ``(B) Variable rate.--Except as provided in subparagraph (D), the rate determined under this subparagraph shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal, for such 12-month period, to-- ``(i) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(ii) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(C) Fixed rate.--Except as provided in subparagraph (D), the rate determined under this subparagraph shall be determined on the date on which the obligation to repay the loan is signed, and be equal, for the duration of the term of the loan, to-- ``(i) the average bond equivalent rate of the 3-year Treasury note as determined on the basis of the last publication in May of the Federal Reserve Statistical Release H-15 (or its successor) prior to the date on which the obligation to repay the loan is signed; plus ``(ii) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(D) Consolidation of plus loans.--In the case of any such consolidation loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan (or both), the rates determined under subparagraphs (B) and (C) shall be determined-- ``(i) by substituting `3.1 percent' for `2.3 percent'; and ``(ii) by substituting `9.0 percent' for `8.25 percent'.''. (b) Direct Loans.--Subparagraph (C) of section 455(b)(7) (20 U.S.C. 1087e(b)(7)) is amended to read as follows: ``(C) Consolidation loans.-- ``(i) Borrower election.--Notwithstanding the preceding paragraphs of this subsection, with respect to any Federal Direct Consolidation Loan for which the application is received by an eligible lender on or after July 1, 2006, the applicable rate of interest shall, at the election of the borrower at the time of application for the loan, be either at the rate determined under clause (ii) or the rate determined under clause (iii). ``(ii) Variable rate.--Except as provided in clause (iv), the rate determined under this clause shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and, for such 12-month period, not be more than-- ``(I) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus ``(II) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(iii) Fixed rate.--Except as provided in clause (iv), the rate determined under this clause shall be determined on the date on which the obligation to repay the loan is signed, and, for the duration of the term of the loan, not be more than-- ``(I) the average bond equivalent rate of the 3-year Treasury note as determined on the basis of the last publication in May of the Federal Reserve Statistical Release H-15 (or its successor) prior to the date on which the obligation to repay the loan is signed; plus ``(II) 2.3 percent, except that such rate shall not exceed 8.25 percent. ``(iv) Consolidation of plus loans.--In the case of any such Federal Direct Consolidation Loan that is used to repay loans each of which was made under section 428B or was a Federal Direct PLUS Loan, the rates determined under clauses (ii) and (iii) shall be determined-- ``(I) by substituting `3.1 percent' for `2.3 percent'; and ``(II) by substituting `9.0 percent' for `8.25 percent'.''. SEC. 3. RECAPTURE OF EXCESS INTEREST. Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended by inserting after clause (vii) the following new clause: ``(viii) Recapture of excess interest.-- ``(I) Excess credited.--With respect to a loan on which the applicable interest rate is determined under section 427A(l) and for which the first disbursement of principal is made on or after July 1, 2006, if the applicable interest rate for any 3- month period exceeds the special allowance rate applicable to such loan under this subparagraph for such period, then an adjustment shall be made by calculating the excess interest in the amount computed under subclause (II) of this clause, and by crediting the excess interest to the Government not less often than annually. ``(II) Calculation of excess.--The amount of any adjustment of interest on a loan to be made under this subsection for any quarter shall be equal to-- ``(aa) the applicable interest rate minus the special allowance rate determined under this subparagraph; multiplied by ``(bb) the average daily principal balance of the loan (not including unearned interest added to principal) during such calendar quarter; divided by ``(cc) four.''. SEC. 4. STUDENT LOAN BORROWER CHOICE OF LOAN CONSOLIDATOR. Section 428C(b)(1)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)(A)) is amended by striking ``and (i) the lender holds'' and all that follows through ``selected for consolidation)''. | Amends the Higher Education Act of 1965 (HEA) to allow borrowers consolidating student loans to choose: (1) a variable or fixed interest rate; and (2) the loan consolidator. Provides for the Federal Government's recapture of excess interest charged by lenders, under HEA provisions for special allowances for lenders of student loans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Restore U.S. Manufacturing Act of 2007''. SEC. 2. DOMESTIC MANUFACTURING INCOME EXEMPT FROM TAX. (a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: ``SEC. 200. INCOME ATTRIBUTABLE TO DOMESTIC MANUFACTURING ACTIVITIES. ``(a) Allowance of Deduction.--There shall be allowed as a deduction an amount equal to 100 percent of the lesser of-- ``(1) the qualified manufacturing activities income of the taxpayer for the taxable year, or ``(2) taxable income (determined without regard to this section) for the taxable year. ``(b) Qualified Manufacturing Activities Income.--For purposes of this section-- ``(1) In general.--The term `qualified manufacturing activities income' for any taxable year means an amount equal to the excess (if any) of-- ``(A) the taxpayer's domestic manufacturing gross receipts for such taxable year, over ``(B) the sum of-- ``(i) the cost of goods sold that are allocable to such receipts, and ``(ii) other expenses, losses, or deductions (other than the deduction allowed under this section), which are properly allocable to such receipts. ``(2) Allocation method.--The Secretary shall prescribe rules for the proper allocation of items described in paragraph (1) for purposes of determining qualified manufacturing activities income. Such rules shall provide for the proper allocation of items whether or not such items are directly allocable to domestic manufacturing gross receipts. ``(3) Special rules for determining costs.--Rules similar to the rules of section 199(c)(3) shall apply for purposes of this subsection. ``(4) Domestic manufacturing gross receipts.-- ``(A) In general.--The term `domestic manufacturing gross receipts' means the gross receipts of the taxpayer which are derived from any lease, rental, license, sale, exchange, or other disposition of qualifying manufacturing property which was manufactured or produced by the taxpayer in whole or in significant part within the United States. ``(B) Exception for inherently domestic activities.--Such term shall not include gross receipts of the taxpayer which are derived from inherently domestic activities, including-- ``(i) the raising or harvesting of any agricultural or horticultural commodity, ``(ii) the cutting of trees, ``(iii) the extraction of ores or minerals, ``(iv) the production of electricity, natural gas, or potable water, and ``(v) the construction of real property. ``(5) Qualified manufacturing property.--The term `qualified manufacturing property' means-- ``(A) tangible personal property, ``(B) any computer software, ``(C) any qualified film (as defined in section 199(c)(6)), and ``(D) any property described in section 168(f)(4). ``(c) Special Rules.-- ``(1) Application to individuals.--In the case of an individual, subsection (a)(2) shall be applied by substituting `adjusted gross income' for `taxable income'. For purposes of the preceding sentence, adjusted gross income shall be determined-- ``(A) after application of sections 86, 135, 137, 199, 219, 221, 222, and 469, and ``(B) without regard to this section. ``(2) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Subparagraphs (C) and (D) of section 199(c)(4) (relating to government contracts and certain partnerships). ``(B) Section 199(c)(7) (relating to related persons). ``(C) Section 199(d) (relating to definitions and special rules) other than paragraph (2).''. (b) Coordination With Section 199.-- (1) Paragraph (4) of section 199(c) of such Code is amended by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting after subparagraph (A) the following new subparagraph: ``(B) Exception for domestic manufacturing gross receipts.--Such term shall not include domestic manufacturing gross receipts (as defined in section 200(b)(4)).''. (2) The heading for subparagraph (C) of section 199(c)(4) of such Code, as redesignated by paragraph (1), is amended by striking ``Exceptions'' and inserting ``Other Exceptions''. (c) Minimum Tax.--Section 56(g)(4)(C) of such Code (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause: ``(vi) Deduction for domestic manufacturing.--Clause (i) shall not apply to any amount allowable as a deduction under section 200.''. (d) Technical Amendments.-- (1) Sections 86(b)(2)(A), 135(c)(4)(A), 137(b)(3)(A), and 219(g)(3)(A)(ii) of such Code are each amended by inserting ``200,'' before ``221''. (2) Clause (i) of section 221(b)(2)(C) of such Code is amended by inserting by inserting ``200,'' before ``222''. (3) Clause (i) of section 222(b)(2)(C) of such Code is amended by inserting ``199,'' before ``911''. (4) Paragraph (1) of section 246(b) of such Code is amended by inserting ``200,'' after ``199,''. (5) Clause (iii) of section 469(i)(3)(F) of such Code is amended by inserting ``200,'' before ``219,''. (6) Subsection (a) of section 613 of such Code is amended by striking ``the deduction under section 199'' and inserting ``the deductions under section 199 and 200''. (7) Paragraph (16) of section 1402(a) of such Code is amended by striking ``the deduction provided by section 199'' and inserting ``the deductions provided by sections 199 and 200''. (8) The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 200. Income attributable to domestic manufacturing activities.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Restore U.S. Manufacturing Act of 2007 - Amends the Internal Revenue Code to allow a 100% tax deduction for qualified manufacturing activities income. Defines "qualified manufacturing activities income" as the excess of domestic manufacturing gross receipts over the cost of goods sold, and other expenses, losses, or deductions, properly allocable to such receipts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Securities Transactions Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the growth of electronic commerce and electronic transactions represent a powerful force for economic growth, consumer choice and creation of wealth; (2) inefficient transaction procedures impose unnecessary costs on investors and persons who facilitate transactions on their behalf; (3) new techniques in electronic commerce create opportunities for more efficient and safe procedures for effecting securities transactions; and (4) because the securities markets are an important national asset which must be preserved and strengthened, it is in the national interest to establish a framework to facilitate the economically efficient execution of securities transactions. SEC. 3. PURPOSES. The purposes of this Act are-- (1) to permit and encourage the continued expansion of electronic commerce in securities transactions; and (2) to facilitate and promote electronic commerce in securities transactions by clarifying the legal status of electronic signatures for signed documents and records used in relation to securities transactions involving broker-dealers, transfer agents and investment advisers. SEC. 4. DEFINITIONS. For purposes of this subsection-- (1) ``document'' means any record, including without limitation any notification, consent, acknowledgment or written direction, intended, either by law or by custom, to be signed by a person; (2) ``electronic'' means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (3) ``electronic record'' means a record created, stored, generated, received, or communicated by electronic means; (4) ``electronic signature'' means an electronic identifying sound, symbol or process attached to or logically connected with an electronic record; (5) ``record'' or ``records'' means the same information or documents defined or identified as ``records'' under the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940, respectively; (6) ``transaction'' means an action or set of actions relating to the conduct of business affairs that involve or concern activities conducted pursuant to or regulated under the Securities Exchange Act of 1934 or the Investment Advisers Act of 1940 and occurring between two or more persons; and (7) ``signature'' means any symbol, sound, or process executed or adopted by a person or entity, with intent to authenticate or accept a record. SEC. 5. SECURITIES MODERNIZATION PROVISIONS. (a) Section 15 of the Securities Exchange Act of 1934 (15 U.S.C. 78o) is amended by adding the following new subsection thereto: ``(i) Reliance on Electronic Signatures.-- ``(1) A registered broker or registered dealer may accept and rely upon an electronic signature on any application to open an account or on any other document submitted to it by a customer or counterparty, and such electronic signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature, except as the Commission shall otherwise determine pursuant to section 23 of this Act (15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm). ``(2) Where any provision of this Act or any regulation, rule, or interpretation promulgated by the Commission thereunder, including any rule of a self-regulatory organization approved by the Commission, requires a signature to be provided on any record such requirement shall be satisfied by an electronic record containing an electronic signature, except as the Commission shall otherwise determine pursuant to section 23 of this Act (15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm). ``(3) A registered broker or registered dealer may use electronic signatures in the conduct of its business with any customer or counterparty, and such electronic signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature. ``(4) With regard to the use of or reliance on electronic signatures, no registered broker or registered dealer shall be regulated by, be required to register with, or be certified, licensed, or approved by, or be limited by or required to act or operate under standards, rules, or regulations promulgated by, a State government or agency or instrumentality thereof.''. (b) Section 17A of the Securities Exchange Act of 1934 (15 U.S.C. 78q-1) is amended by adding the following new subsection thereto: ``(g) Reliance on Electronic Signatures.-- ``(1) A registered transfer agent may accept and rely upon an electronic signature on any application to open an account or on any other document submitted to it by a customer or counterparty, and such electronic signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature, except as the Commission shall otherwise determine pursuant to section 23 of this Act (15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm). ``(2) Where any provision of this Act or any regulation or rule promulgated by the Commission thereunder, including any rule of a self-regulatory organization approved by the Commission, requires a signature to be provided on any record such requirement shall be satisfied by an electronic record containing an electronic signature, except as the Commission shall otherwise determine pursuant to section 23 of this Act (15 U.S.C. 78w) or section 36 of this Act (15 U.S.C. 78mm). ``(3) A registered transfer agent may use electronic signatures in the conduct of its business with any customer or counterparty, and such electronic signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature. ``(4) With regard to the use of or reliance on electronic signatures, no registered transfer agent shall be regulated by, be required to register with, or be certified, licensed, or approved by, or be limited by or required to act or operate under standards, rules, or regulations promulgated by, a State government or agency or instrumentality thereof.''. (c) Section 215 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-15) is amended by adding the following new subsection thereto: ``(c) Reliance on Electronic Signatures.-- ``(1) A registered investment adviser may accept and rely upon an electronic signature on any investment advisory contract or on any other document submitted to it by a customer or counterparty, and such signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature, except as the Commission shall determine pursuant to section 206A of this Act (15 U.S.C. 80b-6a) or section 211 of this Act (15 U.S.C. 80b-11). ``(2) Where any provision of this Act or any regulation or rule promulgated by the Commission thereunder, including any rule of a self-regulatory organization approved by the Commission, requires a signature to be provided on any record such requirement shall be satisfied by an electronic record containing an electronic signature, except as the Commission shall otherwise determine pursuant to section 206A of this Act (15 U.S.C. 80b-6a) or section 211 of this Act (15 U.S.C. 80b- 11). ``(3) A registered investment adviser may use electronic signatures in the conduct of its business with any customer or counterparty, and such electronic signature shall not be denied legal effect, validity or enforceability solely because it is an electronic signature. ``(4) With regard to the use of or reliance on electronic signatures no registered investment adviser shall be regulated by, be required to register with, or be certified, licensed, or approved by, or be limited by or required to act or operate under standards, rules, or regulations promulgated by, a State government or agency or instrumentality thereof. SEC. 6. RULEMAKING AUTHORITY. The Commission is authorized to provide guidance on the acceptance of, reliance on and use of electronic signatures by any registered broker, dealer, transfer agent or investment adviser, as provided in section 5 above. | Electronic Securities Transactions Act - Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to permit a registered broker, dealer, transfer agent, or investment adviser, respectively, to: (1) rely upon an electronic signature on any document submitted by a customer or counterparty; and (2) use such signature in the conduct of business with any customer or counterparty. States such electronic signature shall not be denied legal effect, validity and enforceability solely because it is an electronic signature. Preempts State law with regard to the use of or reliance on such signature by such registered persons. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act of 2005''. SEC. 2. MEDICARE COVERAGE OF ULTRASOUND SCREENING FOR ABDOMINAL AORTIC ANEURYSMS. (a) In General.--Section 1861 of the Social Security Act (42 U.S.C. 1395x) is amended-- (1) in subsection (s)(2)-- (A) by striking ``and'' at the end of subparagraph (Y); (B) by adding ``and'' at the end of subparagraph (Z); and (C) by adding at the end the following new subparagraph: ``(AA) ultrasound screening for abdominal aortic aneurysm (as defined in subsection (bbb)) for an individual who has not been previously furnished such a ultrasound screening and who-- ``(i) has a family history of abdominal aortic aneurysm; ``(ii) manifests risk factors for cardiovascular disease (such as smoking or hypertension); ``(iii) evidences arthrosclerotic vascular disease; or ``(iv) has other risk factors for abdominal aortic aneurysm as the Secretary may specify;''. (2) by adding at the end the following new subsection: ``Ultrasound Screening for Abdominal Aortic Aneurysm ``(bbb) The term `ultrasound screening for abdominal aortic aneurysm' means-- ``(1) a procedure using sound waves (or such other procedures using alternative technologies, of commensurate accuracy and cost, that the Secretary may specify) provided for the early detection of abdominal aortic aneurysm, and ``(2) includes a physician's interpretation of the results of the procedure.''. (b) Inclusion of Ultrasound Screening for Abdominal Aortic Aneurysm in Screening Services for Which Education, Counseling, and Referral Is Provided for Under Benefits for Initial Preventive Physical Examination.--Section 1861(ww)(2) of the Social Security Act (42 U.S.C. 1395x(ww)(2)) is amended by adding at the end the following new subparagraph: ``(L) Ultrasound screening for abdominal aortic aneurysm as defined in section 1861(bbb).''. (c) Payment for Ultrasound Screening for Abdominal Aortic Aneurysm.--(1) Section 1848(j)(3) of the Social Security Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting ``(2)(AA)'' after ``(2)(W)''. (d) Frequency and Quality Standards.--Section 1862(a)(1) of the Social Security Act (42 U.S.C. 1395m(a)(1)) is amended-- (1) by striking ``and'' at the end of subparagraph (L); (2) by striking the semicolon at the end of subparagraph (M) and inserting ``, and''; and (3) by adding at the end the following new subparagraph: ``(N) in the case of ultrasound screening for abdominal aortic aneurysm-- ``(i) which is performed more frequently than is provided for under section 1861(s)(2)(AA); or ``(ii) which is performed by an individual or diagnostic laboratory that does not meet quality assurance standards established by the Secretary, including with respect to individuals performing ultrasound screening for abdominal aortic aneurysm (other than physicians) and diagnostic laboratories, that the individual or laboratory is certified by the appropriate State licensing or certification agency or, in the case of a services performed in a State that does not license or certify such individuals or laboratories, by a national certification or accreditation organization recognized by the Secretary;''. (e) Non-Application of Part B Deductible.--Section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended in the first sentence-- (1) by striking ``and (6)'' and inserting ``(6)''; and (2) by inserting ``, and (7) such deductible shall not apply with respect to ultrasound screening for abdominal aortic aneurysm (as defined in section 1861(bbb))'' before the period at the end. (f) Consultation in Establishment of Quality Assurance Standards and Designation of Recognition of National Accreditation Organizations.--The Secretary shall consult with national medical, vascular technologist and sonographer societies in establishing-- (1) risk factors under section 1861(s)(2)(A)(iv) of the Social Security Act, as added by subsection (a)(1)(C), and (2) quality assurance standards under section 1862(a)(1)(N)(ii) of such Act, as added by subsection (d)(3). (g) Effective Date.--The amendments made by this section shall apply to ultrasound screenings for abdominal aortic aneurysm performed on or after January 1, 2006. SEC. 3. NATIONAL EDUCATIONAL AND INFORMATION CAMPAIGN. (a) In General.--After consultation with national medical, vascular technologist and sonographer societies, the Secretary of Health and Human Services shall carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms. (b) Use of Funds.--The Secretary may use amounts appropriated pursuant to this subsection to make grants to national medical, vascular technologist, and sonographer societies (in accordance with procedures and criteria specified by the Secretary) to enable them to educate practitioners and providers about matters relating to such aneurysms. (c) Authorization of Appropriations.--There is authorized to be appropriated for fiscal year 2006 and each fiscal year thereafter such sums as may be necessary to carry out this section. | Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of ultrasound screening for abdominal aortic aneurysms. Directs the Secretary of Health and Human Services to carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Welfare Provider Inclusion Act of 2014''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) Child welfare service providers, both individuals and organizations, have the inherent, fundamental, and inalienable right to free exercise of religion protected by the United States Constitution. (2) The right to free exercise of religion for child welfare service providers includes the freedom to refrain from conduct that conflicts with their sincerely held religious beliefs. (3) Most States provide government-funded child welfare services through various charitable, religious, and private organizations. (4) Religious organizations, in particular, have a lengthy and distinguished history of providing child welfare services that predates government involvement. (5) Religious organizations have long been and should continue contracting with and receiving grants from governmental entities to provide child welfare services. (6) Religious organizations cannot provide certain child welfare services, such as foster-care or adoption placements, without receiving a government contract, grant or license. (7) Religious organizations display particular excellence when providing child welfare services. (8) Children and families benefit greatly from the child welfare services provided by religious organizations. (9) Governmental entities and officials administering federally funded child welfare services in some States, including Massachusetts, California, Illinois, and the District of Columbia, have refused to contract with religious organizations that are unable, due to sincerely held religious beliefs or moral convictions, to provide a child welfare service that conflicts, or under circumstances that conflict, with those beliefs or convictions; and that refusal has forced many religious organizations to end their long and distinguished history of excellence in the provision of child welfare services. (10) Ensuring that religious organizations can continue to provide child welfare services will benefit the children and families that receive those federally funded services. (11) States also provide government-funded child welfare services through individual child welfare service providers with varying religious and moral convictions. (12) Many individual child welfare service providers maintain sincerely held religious beliefs or moral convictions that relate to their work and should not be forced to choose between their livelihood and adherence to those beliefs or convictions. (13) Because governmental entities provide child welfare services through many charitable, religious, and private organizations, each with varying religious beliefs or moral convictions, and through diverse individuals with varying religious beliefs or moral convictions, the religiously impelled inability of some religious organizations or individuals to provide certain services will not have a material effect on a person's ability to access federally funded child welfare services. (14) The activities of funding and administering these child welfare services substantially affect interstate commerce. (15) Taking adverse actions against child welfare service providers that are unable, due to their sincerely held religious beliefs or moral convictions, to provide certain services (or provide services under certain circumstances) substantially affects interstate commerce. (16) The provisions of this Act are remedial measures that are congruent and proportional to protecting the constitutional rights of child welfare service providers guaranteed under the Fourteenth Amendment to the United States Constitution. (17) Congress has the authority to pass this Act pursuant to its spending clause power, commerce clause power, and enforcement power under section 5 of the Fourteenth Amendment to the United States Constitution. (b) Purposes.--The purposes of this Act are as follows: (1) To prohibit governmental entities from discriminating or taking an adverse action against a child welfare service provider on the basis that the provider declines to provide a child welfare service that conflicts, or under circumstances that conflict, with the sincerely held religious beliefs or moral convictions of the provider. (2) To protect child welfare service providers' exercise of religion and to ensure that governmental entities will not be able to force those providers, either directly or indirectly, to discontinue all or some of their child welfare services because they decline to provide a child welfare service that conflicts, or under circumstances that conflict, with their sincerely held religious beliefs or moral convictions. (3) To provide relief to child welfare service providers whose rights have been violated. SEC. 3. DISCRIMINATION AND ADVERSE ACTIONS PROHIBITED. (a) The Federal Government, and any State that receives federal funding for any program that provides child welfare services under part B or part E of title IV of the Social Security Act (and any subdivision, office or department of such State) shall not discriminate or take an adverse action against a child welfare service provider on the basis that the provider has declined or will decline to provide, facilitate, or refer for a child welfare service that conflicts with, or under circumstances that conflict with, the provider's sincerely held religious beliefs or moral convictions. (b) Subsection (a) does not apply to conduct forbidden by paragraph (18) of section 471(a) of such Act. SEC. 4. FUNDS WITHHELD FOR VIOLATION. The Secretary of Health and Human Services shall withhold from a State 15 percent of the federal funds the State receives for a program that provides child welfare services under part B or part E of title IV of the Social Security Act if the State violates section 3 when administering or disbursing funds under such program. SEC. 5. PRIVATE RIGHT OF ACTION. (a) A child welfare service provider aggrieved by a violation of section 3 may assert that violation as a claim or defense in a judicial proceeding and obtain all appropriate relief, including declaratory relief, injunctive relief, and compensatory damages, with respect to that violation. (b) A child welfare service provider that prevails in an action by establishing a violation of section 3 is entitled to recover reasonable attorneys' fees and costs. (c) By accepting or expending federal funds in connection with a program that provides child welfare services under part B or part E of title IV of the Social Security Act, a State waives its sovereign immunity for any claim or defense that is raised under this section. SEC. 6. SEVERABILITY. If any provision of this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. SEC. 7. EFFECTIVE DATE. (a) The amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning on or after the date of the enactment of this Act, and the withholding of funds authorized by section 4 shall apply to payments under parts B and E of such Act for calendar quarters beginning on or after such date. (b) If legislation (other than legislation appropriating funds) is required for a governmental entity to bring itself into compliance with this Act, the governmental entity shall not be regarded as violating this Act before the 1st day of the 1st calendar quarter beginning after the first regular session of the legislative body that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the governmental entity has a 2-year legislative session, each year of the session is deemed to be a separate regular session. SEC. 8. DEFINITIONS. The following definitions apply throughout this Act: (1) The term ``child welfare service provider'' includes organizations, corporations, groups, entities, or individuals that provide or seek to provide, or that apply for or receive a contract, subcontract, grant, or subgrant for the provision of, child welfare services. The provider need not be engaged exclusively in child welfare services to be considered a child welfare service provider. (2) The term ``child welfare services'' means social services provided to or on behalf of children, including assisting abused, neglected, or troubled children, counseling children or parents, promoting foster parenting, providing foster homes or temporary group shelters for children, recruiting foster parents, placing children in foster homes, licensing foster homes, promoting adoption, recruiting adoptive parents, assisting adoptions, supporting adoptive families, assisting kinship guardianships, assisting kinship caregivers, providing family preservation services, providing family support services, and providing time-limited family reunification services. (3) The term ``State'' includes any of the several States, the District of Columbia, any commonwealth, territory or possession of the United States, and any political subdivision thereof. (4) The terms ``funding'', ``funded'', or ``funds'' include money paid pursuant to a contract, grant, voucher, or similar means. (5) The term ``adverse action'' includes, but is not limited to, denying a child welfare service provider's application for funding, refusing to renew the provider's funding, canceling the provider's funding, declining to enter into a contract with the provider, refusing to renew a contract with the provider, canceling a contract with the provider, declining to issue a license to the provider, refusing to renew the provider's license, canceling the provider's license, terminating the provider's employment, or any other adverse action that materially alters the terms or conditions of the provider's employment, funding, contract, or license. | Child Welfare Provider Inclusion Act of 2014 - Prohibits the federal government, and any state that receives federal funding for any program that provides child welfare services under part B (Child and Family Services) or part E (Federal Payments for Foster Care and Adoption Assistance) of title IV (Grants to States for Aid and Services to Needy Families with Children and for Child-Welfare Services) of the Social Security Act (SSA), from discriminating or taking an adverse action against a child welfare service provider that declines to provide, facilitate, or refer for a child welfare service that conflicts with the provider's sincerely held religious beliefs or moral convictions. Bars such prohibition from applying to SSA requirements that forbid state entities from denying or delaying adoption or foster care placements on the basis of an adoptive parent's or a child's race, color, or national origin. Requires the Secretary of Health and Human Services (HHS) to withhold 15% of the federal funds that a state receives for such programs if the state violates this Act. Allows an aggrieved child welfare service provider to assert such an adverse action violation as a claim or defense in a judicial proceeding and to obtain all appropriate relief (including declaratory relief, injunctive relief, compensatory damages, and reasonable attorney fees and costs). |
SECTION 1. PURPOSE. It is the purpose of this Act to acquire a dedicated communications satellite system on which instruction, education, and training programming can be collocated and free from preemption. SEC. 2. EDUCATIONAL SATELLITE LOAN GUARANTEE PROGRAM. (a) Program Authorized.-- (1) In general.--The Secretary of Commerce is authorized to carry out a program to guarantee any lender against loss of principal or interest on a loan described in subsection (b) made by such lender to a nonprofit, public corporation that-- (A) is recognized for expertise in governing and operating educational and instructional telecommunications in schools, colleges, libraries, State agencies, workplaces, and other distant education centers; (B) was in existence as of January 1, 1992; (C) the charter of which is designed for affiliation with Federal, State, and local educational and instructional institutions and agencies, and other distant education and instructional resource providers; (D) has a governing board that includes members representing elementary and secondary education, community and State colleges, universities, elected officials and the private sector; and (E) has as its sole purpose the acquisition and operation of an integrated communications satellite system and other telecommunications dedicated to transmitting instruction, education, and training programming. (2) Interim acquisition of transponder capacity.--As an interim measure to acquire a communications satellite system dedicated to instruction, education, and training programming, a corporation that meets the requirements of paragraph (1) may acquire unused transponder capacity owned or leased by Federal Government agencies and unused transponder capacity owned or leased by non-Federal broadcast organizations for reuse by schools, colleges, community colleges, universities, State agencies, libraries, and other distant education centers at competitive, low costs, subject only to preemption for national security purposes. (3) Encouragement of interconnec- tivity.--A corporation that meets the requirements of paragraph (1) shall encourage interconnectivity between elementary and secondary schools, colleges, and community colleges, universities, State agencies, libraries, and other distant education centers with ground facilities and services of United States domestic common carriers, international common carriers, and ground facilities and services of satellite, cable, and other private communications systems, to ensure technical compatibility and interconnectivity of the space segment with existing communications facilities in the United States and foreign countries, to best serve United States education, instruction, and training needs and to achieve cost-effective, interoperability for friendly end-user, ``last mile'' access and use. (4) Technical and training needs.--A corporation that meets the requirements of paragraph (1) shall determine the technical and training needs of educations users and providers to facilitate coordinated and efficient use of a communications satellite system dedicated to instruction, education, and training to further unlimited access for schools, colleges, community colleges, universities, State agencies, libraries, and other distant education centers. (b) Eligible Loans.--The Secretary of Commerce only shall guarantee a loan under this section if-- (1) the authorized corporation described in paragraph (1) has-- (A) investigated all practical means to acquire a communications satellite system; (B) reported to the Secretary the findings of such investigation; and (C) recommended the most cost-effective, high- quality communications satellite system to meet the purpose of this Act; and (2) the proceeds of such loan are used solely to acquire and operate a communications satellite system dedicated to transmitting instruction, education, and training programming. (c) Loan Amount Limitations.--The Secretary of Commerce shall not guarantee more than $270,000,000 in loans described in subsection (a) pursuant to the program assisted under this section, of which-- (1) not more than $250,000,000 shall be for the guarantee of such loans the proceeds of which are used to acquire communications satellite system; and (2) not more than $20,000,000 shall be used for the guarantee of such loans the proceeds of which are used to pay the costs of not more than 4 years of operating and management expenses associated with providing integrated communications satellite system services described in subsection (a). (d) Liquidation or Assignment.-- (1) In general.--In order for a lender to receive a loan guarantee under this section such lender shall agree to assign to the United States any right or interest in the communications satellite system or communications satellite system services that such lender possesses upon payment by the Secretary of Commerce on such loan guarantee. (2) Disposition.--The United States may exercise, retain, or dispose of any right or interest acquired pursuant to paragraph (1) in any manner the United States deems fit, upon the recommendation of the Secretary of Commerce. (e) Special Rule.--Any loan guarantee under this section shall be guaranteed with full faith and credit of the United States. (f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for each fiscal year to carry out this section. (g) Definitions.--For purposes of this subsection-- (1) the term ``acquire'' includes acquisition through lease, purchase, or donation; (2) the term ``communications satellite system'' means one or more communications satellites capable of providing service from space, including transponder capacity, on such satellite or satellites; and (3) the term ``national security preemption'' means preemption by the Federal Government for national security purposes, to exclude technical and business purpose preemptions. | Authorizes the Secretary of Commerce to carry out an educational satellite loan guarantee program. Guarantees any lender against loss of principal or interest on a loan which is to be used solely to acquire and operate a communications satellite system dedicated to transmitting instructional programming. Restricts such a loan to a non-Federal, nonprofit, public corporation: (1) whose sole purpose is to acquire and operate such a system; (2) whose governing board includes members representing elementary and secondary education, vocational and technical education, community and State colleges, and universities; (3) whose charter is designed for affiliation with State and local instructional institutions and agencies and other distance learning and instructional resource providers; and (4) which is in existence as of January 1, 1992. Requires such corporation, before such loan is guaranteed, to have: (1) investigated all practical means to acquire a communications satellite system; (2) reported its findings to the Secretary; and (3) recommended the most cost-effective, high-quality communications satellite system for the purposes of this Act. Sets forth limitations on the amount of guaranteed loans to acquire such system and to operate and manage it for up to three years. Requires the lender to assign rights and interests in such system to the United States upon payment of such loan guarantee. Authorizes appropriations. |
SECTION 1. FINDINGS. Congress finds that-- (1) the Middle Rio Grande bosque is-- (A) a unique riparian forest located in Albuquerque, New Mexico; (B) the largest continuous cottonwood forest in the Southwest; (C) 1 of the oldest continuously inhabited areas in the United States; (D) home to portions of 6 pueblos; and (E) a critical flyway and wintering ground for migratory birds; (2) the portion of the Middle Rio Grande adjacent to the Middle Rio Grande bosque provides water to many people in the State of New Mexico; (3) the Middle Rio Grande bosque should be maintained in a manner that protects endangered species and the flow of the Middle Rio Grande while making the Middle Rio Grande bosque more accessible to the public; (4) environmental restoration is an important part of the mission of the Corps of Engineers; and (5) the Corps of Engineers should reestablish, where feasible, the hydrologic connection between the Middle Rio Grande and the Middle Rio Grande bosque to ensure the permanent healthy growth of vegetation native to the Middle Rio Grande bosque. SEC. 2. DEFINITIONS. In this Act: (1) Critical restoration project.--The term ``critical restoration project'' means a project carried out under this Act that will produce, consistent with Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, recreation, and protection benefits. (2) Middle rio grande.--The term ``Middle Rio Grande'' means the portion of the Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Dam, in the State of New Mexico. (3) Secretary.--The term ``Secretary'' means the Secretary of the Army. SEC. 3. MIDDLE RIO GRANDE RESTORATION. (a) Critical Restoration Projects.--The Secretary shall carry out critical restoration projects along the Middle Rio Grande. (b) Project Selection.-- (1) In general.--The Secretary may select critical restoration projects in the Middle Rio Grande based on feasibility studies. (2) Use of existing studies and plans.--In carrying out subsection (a), the Secretary shall use, to the maximum extent practicable, studies and plans in existence on the date of enactment of this Act to identify the needs and priorities for critical restoration projects. (c) Local Participation.--In carrying out this Act, the Secretary shall consult with, and consider the priorities of, public and private entities that are active in ecosystem restoration in the Rio Grande watershed, including entities that carry out activities under-- (1) the Middle Rio Grande Endangered Species Act Collaborative Program; and (2) the Bosque Improvement Group of the Middle Rio Grande Bosque Initiative. (d) Cost Sharing.-- (1) Cost-sharing agreement.--Before carrying out any critical restoration project under this Act, the Secretary shall enter into an agreement with the non-Federal interests that shall require the non-Federal interests-- (A) to pay 25 percent of the total costs of the critical restoration project; (B) to provide land, easements, rights-of-way, relocations, and dredged material disposal areas necessary to carry out the critical restoration project; (C) to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the critical restoration project that are incurred after the date of enactment of this Act; and (D) to hold the United States harmless from any claim or damage that may arise from carrying out the critical restoration project (other than any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government). (2) Recreational features.-- (A) In general.--Any recreational features included as part of a critical restoration project shall comprise not more that 30 percent of the total project cost. (B) Non-federal funding.--The full cost of any recreational features included as part of a critical restoration project in excess of the amount described in subparagraph (A) shall be paid by the non-Federal interests. (3) Credit.--The non-Federal interests shall receive credit toward the non-Federal share of the cost of design or construction activities carried out by the non-Federal interests before the execution of the project cooperation agreement if the Secretary determines that the work performed by the non-Federal interest is integral to the project. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act-- (1) $10,000,000 for fiscal year 2004; and (2) such sums as are necessary for each of fiscal years 2005 through 2013. | Directs the Secretary of the Army to: (1) carry out critical restoration projects along the Middle Rio Grande in New Mexico, from Cochiti Dam to the headwaters of the Elephant Butte Dam; and (2) consult with certain local environmental groups in carrying out such projects. Requires non-federal interests to pay 25 percent of project costs. Prohibits recreational features of a project from comprising more than 30 percent of the total project cost. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Eliminate Preventable Waste Act''. SEC. 2. REPORTS ON IMPROPER PAYMENTS. (a) In General.--Notwithstanding the requirements of section 2(a)(2) of the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), not later than 90 days after the end of fiscal year 2014 and each fiscal year thereafter, the following agency heads shall perform the review required under section 2(a)(1) of such Act for the following programs, respectively: (1) Commissioner of the Social Security Administration-- (A) the Supplemental Security Income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); and (B) the Old Age, Survivors, and Disability Insurance program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (2) Secretary of Agriculture-- (A) the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); and (B) the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773). (3) Secretary of Labor; State unemployment compensation programs approved by the Secretary of Labor under section 3304 of the Internal Revenue Code of 1986. (4) Secretary of Health and Human Services-- (A) Medicare fee-for-service (parts A and B of title XVIII of the Social Security Act (42 U.S.C. 1381 et seq.)); (B) Medicaid (title XIX of such Act), Medicare Advantage (part C of title XVIII of such Act); (C) Medicare prescription drug benefit (part D of title XVIII of such Act); and (D) the Child Care and Development Fund (section 5082 of subchapter C of Public Law 101-508). (5) Secretary of the Treasury; the Earned Income Tax Credit (section 32 of the Internal Revenue Code of 1986). (6) Secretary of Veterans Affairs-- (A) payments under section 607 of the Transportation, Treasury, and Independent Agencies Appropriations Act, 2004 (division F of Public Law 108- 199); and (B) payments to non-Department facilities (as defined in section 1701(4) of title 38, United States Code) under the following: (i) section 1703 of such title (relating to hospital care and medical services provided to veterans in non-Department facilities); (ii) section 1725 of such title (relating to reimbursement to veterans for certain emergency treatment in non-Department facilities); (iii) section 1728 of such title (relating to reimbursement to veterans for certain treatment in non-Department facilities); (iv) section 8111 of such title (relating to the sharing of Department of Veterans Affairs and Department of Defense health-care resources); and (v) section 8153 of such title (relating to the sharing of health-care resources). (b) Budget Submission.--Each agency head shall include in the applicable agency annual budget request to the Office of Management and Budget a report on the review required under subsection (a). (c) Sunset.--If a review under subsection (a) shows that the improper payment rate for any listed program is less than or equal to 0.00034 percent, this section shall no longer apply with respect to such program. SEC. 3. AMENDMENT WITH RESPECT TO PRESIDENT'S BUDGET SUBMISSION. (a) In General.--Section 1105(a) of title 31, United States Code, is amended by-- (1) redesignating paragraph (37) (relating to the list of outdated or duplicative plans and reports) as paragraph (39); and (2) by adding at the end the following: ``(40) any report submitted to the Office of Management and Budget pursuant to section 2 of the Eliminate Preventable Waste Act.''. (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2014. SEC. 4. RESCISSION OF FUNDS. (a) Reduction in Error Rates.--If any report submitted by an agency head required under section 2, as included in President's budget under section 1105(a) of title 31, United States Code (as amended by section 2 of this Act), does not show, with respect to the relevant program listed in section 2(a), a decrease in the improper payment rate from the fiscal year immediately preceding the fiscal year covered by the report, a rescission under subsection (b) of certain funds made available to the applicable agency shall apply. (b) Rescission.-- (1) In general.--On the day that the President submits such a budget, there is rescinded (if necessary) from the following accounts a percentage of such account equal to the percentage of the highest improper payment rate of the program listed in the report submitted by the relevant agency pursuant to section 2 and included in such agency's budget: (A) Department of Agriculture, ``Agricultural Programs--Production, Process, and Marketing--Office of the Secretary''. (B) Department of Health and Human Services, ``Department of Health and Human Services--Office of the Secretary''. (C) Department of Labor, ``Department of Labor-- Departmental Management--Salaries and Expenses''. (D) Department of the Treasury, ``Department of the Treasury--Departmental Offices--Salaries and Expenses''. (E) Social Security Administration, ``Social Security Administration--Limitation on Administrative Expenses''. (F) Department of Veterans Affairs, ``Department of Veterans Affairs--Departmental Administration--General Administration''. (2) Proportionate application.--Any rescission made under paragraph (1) shall be applied proportionately within each listed account to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the applicable fiscal year covering such account). (c) Report to Congress.--For each fiscal year beginning in fiscal year 2015, not later than the date on which President submits a budget under section 1105(a) of title 31, United States Code, each agency head listed in section 2(a) shall submit to Congress any report required by section 2 of this Act. (d) Effective Date.--This section shall take effect on October 1, 2014. | Eliminate Preventable Waste Act - Directs the Commissioner of the Social Security Administration (SSA), the Secretary of Agriculture, the Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of the Treasury, and the Secretary of Veterans Affairs (VA) to: (1) conduct reviews of specified programs they administer to identify improper payments, and (2) report on such reviews in their budget submissions to the Office of Management and Budget (OMB) and to Congress. Requires such reports to OMB to be included in the President's annual budget submission to Congress. Requires a rescission of funds for such an agency if its report does not show a decrease in the improper payment rate from the preceding fiscal year for the relevant program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Home Infusion Therapy Access Act of 2017''. SEC. 2. HOME INFUSION THERAPY SERVICES TEMPORARY TRANSITIONAL PAYMENT. (a) In General.--Section 1834(u) of the Social Security Act (42 U.S.C. 1395m(u)) is amended, by adding at the end the following new paragraph: ``(7) Home infusion therapy services temporary transitional payment.-- ``(A) Temporary transitional payment.-- ``(i) In general.--The Secretary shall, in accordance with the payment methodology described in subparagraph (B) and subject to the provisions of this paragraph, provide a home infusion therapy services temporary transitional payment under this part to an eligible home infusion supplier (as defined in subparagraph (F)) for items and services described in subparagraphs (A) and (B) of section 1861(iii)(2) furnished during the period specified in clause (ii) by such supplier in coordination with the furnishing of transitional home infusion drugs (as defined in clause (iii)). ``(ii) Period specified.--For purposes of clause (i), the period specified in this clause is the period beginning on January 1, 2019, and ending on the day before the date of the implementation of the payment system under paragraph (1)(A). ``(iii) Transitional home infusion drug defined.--For purposes of this paragraph, the term `transitional home infusion drug' has the meaning given to the term `home infusion drug' under section 1861(iii)(3)(C), except that clause (ii) of such section shall not apply if a drug described in such clause is identified in clause (i), (ii), (iii) or (iv) of subparagraph (C) as of the date of the enactment of this paragraph. ``(B) Payment methodology.--For purposes of this paragraph, the Secretary shall establish a payment methodology, with respect to items and services described in subparagraph (A)(i). Under such payment methodology the Secretary shall-- ``(i) create the three payment categories described in clauses (i), (ii), and (iii) of subparagraph (C); ``(ii) assign drugs to such categories, in accordance with such clauses; ``(iii) assign appropriate Healthcare Common Procedure Coding System (HCPCS) codes to each payment category; and ``(iv) establish a single payment amount for each such payment category, in accordance with subparagraph (D), for each infusion drug administration calendar day in the individual's home for drugs assigned to such category. ``(C) Payment categories.-- ``(i) Payment category 1.--The Secretary shall create a payment category 1 and assign to such category drugs which are covered under the Local Coverage Determination on External Infusion Pumps (LCD number L33794) and billed with the following HCPCS codes (as identified as of July 1, 2017, and as subsequently modified by the Secretary): J0133, J0285, J0287, J0288, J0289, J0895, J1170, J1250, J1265, J1325, J1455, J1457, J1570, J2175, J2260, J2270, J2274, J2278, J3010, or J3285. ``(ii) Payment category 2.--The Secretary shall create a payment category 2 and assign to such category drugs which are covered under such local coverage determination and billed with the following HCPCS codes (as identified as of July 1, 2017, and as subsequently modified by the Secretary): J1559 JB, J1561 JB, J1562 JB, J1569 JB, or J1575 JB. ``(iii) Payment category 3.--The Secretary shall create a payment category 3 and assign to such category drugs which are covered under such local coverage determination and billed with the following HCPCS codes (as identified as of July 1, 2017, and as subsequently modified by the Secretary): J9000, J9039, J9040, J9065, J9100, J9190, J9200, J9360, or J9370. ``(iv) Infusion drugs not otherwise included.--With respect to drugs that are not included in payment category 1, 2, or 3 under clause (i), (ii), or (iii), respectively, the Secretary shall assign to the most appropriate of such categories, as determined by the Secretary, drugs which are-- ``(I) covered under such local coverage determination and billed under HCPCS code J7799 or J7999 (as identified as of July 1, 2017, and as subsequently modified by the Secretary); or ``(II) billed under any code that is implemented after the date of the enactment of this paragraph and included in such local coverage determination or included in subregulatory guidance as a home infusion drug described in subparagraph (A)(i). ``(D) Payment amounts.-- ``(i) In general.--Under the payment methodology, the Secretary shall pay eligible home infusion suppliers, with respect to items and services described in subparagraph (A)(i) furnished during the period described in subparagraph (A)(ii) by such supplier to an individual, at amounts equal to the amounts determined under the physician fee schedule established under section 1848 for services furnished during the year for codes and units of such codes described in clauses (ii), (iii), and (iv) with respect to drugs included in the payment category under subparagraph (C) specified in the respective clause, determined without application of any adjustment under such section. ``(ii) Payment amount for category 1.--For purposes of clause (i), the codes and units described in this clause, with respect to drugs included in payment category 1 described in subparagraph (C)(i), are one unit of HCPCS code 96365 plus four units of HCPCS code 96366 (as identified as of July 1, 2017, and as subsequently modified by the Secretary). ``(iii) Payment amount for category 2.--For purposes of clause (i), the codes and units described in this clause, with respect to drugs included in payment category 2 described in subparagraph (C)(i), are one unit of HCPCS code 96369 plus four units of HCPCS code 96370 (as identified as of July 1, 2017, and as subsequently modified by the Secretary). ``(iv) Payment amount for category 3.--For purposes of clause (i), the codes and units described in this clause, with respect to drugs included in payment category 3 described in subparagraph (C)(i), are one unit of HCPCS code 96413 plus four units of HCPCS code 96415 (as identified as of July 1, 2017, and as subsequently modified by the Secretary). ``(E) Clarifications.-- ``(i) Infusion drug administration day.-- For purposes of this subsection, a reference, with respect to the furnishing of transitional home infusion drugs or home infusion drugs to an individual by an eligible home infusion supplier, to payment to such supplier for an infusion drug administration calendar day in the individual's home shall refer to payment only for the date on which professional services (as described in section 1861(iii)(2)(A)) were furnished to administer such drugs to such individual. For purposes of the previous sentence, an infusion drug administration calendar day shall include all such drugs administered to such individual on such day. ``(ii) Treatment of multiple drugs administered on same infusion drug administration day.--In the case that an eligible home infusion supplier, with respect to an infusion drug administration calendar day in an individual's home, furnishes to such individual transitional home infusion drugs which are not all assigned to the same payment category under subparagraph (C), payment to such supplier for such infusion drug administration calendar day in the individual's home shall be a single payment equal to the amount of payment under this paragraph for the drug, among all such drugs so furnished to such individual during such calendar day, for which the highest payment would be made under this paragraph. ``(F) Eligible home infusion suppliers.--In this paragraph, the term `eligible home infusion supplier' means a supplier that is enrolled under this part as a pharmacy that provides external infusion pumps and external infusion pump supplies and that maintains all pharmacy licensure requirements in the State in which the applicable infusion drugs are administered. ``(G) Implementation.--Notwithstanding any other provision of law, the Secretary may implement this paragraph by program instruction or otherwise.''. (b) Conforming Amendment.--Section 1842(b)(6)(I) of the Social Security Act (42 U.S.C. 1395u(b)(6)(I)) is amended by inserting ``or, in the case of items and services described in clause (i) of section 1834(u)(7)(A) furnished to an individual during the period described in clause (ii) of such section, payment shall be made to the eligible home infusion therapy supplier'' after ``payment shall be made to the qualified home infusion therapy supplier''. | Medicare Home Infusion Therapy Access Act of 2017 This bill amends title XVIII (Medicare) of the Social Security Act to temporarily provide for transitional Medicare payment with respect to certain home infusion services furnished on or after January 1, 2019. Under current law, the Center for Medicare & Medicaid Services is required to establish a permanent payment system with respect to such services furnished on or after January 1, 2021. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business Jobs Amendments Act of 2010''. SEC. 2. SMALL BUSINESS LENDING FUND AMENDMENTS. (a) In General.--Subtitle A of title IV of the Small Business Jobs Act of 2010 is amended-- (1) in section 4102-- (A) in paragraph (8)-- (i) in subparagraph (A), by adding ``and'' at the end; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B). (B) in paragraph (11)-- (i) in subparagraph (C), by striking ``and'' at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(D) any small business lending company that has total assets of equal to or less than $10,000,000,000.''; (C) in paragraph (18)(A)-- (i) by inserting after ``such lending'' the following: ``is made to a small business and''; and (ii) by adding at the end the following new clause: ``(v) Nonowner-occupied commercial real estate loans.''; and (D) by adding at the end the following new paragraphs: ``(20) Small business.--The term `small business' has the meaning given the term `small business concern' under section 3 of the Small Business Act (15 U.S.C. 632). ``(21) Small business lending company.--The term `small business lending company' has the meaning given such term under section 3(r)(1) of the Small Business Act (15 U.S.C. 632(r)(1)).''; (2) in section 4103-- (A) in subsection (b)-- (i) in paragraph (1), by striking the period at the end and inserting the following: ``, and, notwithstanding other provisions of Federal law, such debt instruments issued by an eligible institution organized in mutual form or that has made a valid election to be taxed under subchapter S of chapter 1 of the Internal Revenue Code of 1986 shall be included as a component of tier 1 capital.''; and (ii) in paragraph (4), by amending subparagraph (B) to read as follows: ``(B) Eligible standards.--The Secretary, in consultation with the Community Development Financial Institutions Fund, shall develop eligibility criteria to determine the financial ability of a CDLF to participate in the Program and repay the investment. Such criteria may include net asset ratio to total assets, ratio of loan loss reserves to loans and leases 90 days or more delinquent (including loans sold with full recourse), positive net income measured on a 3- year rolling average, operating liquidity ratio, ratio of loans and leases 90 days or more delinquent (including loans sold with full recourse) to total equity plus loan loss reserves, or any other measures deemed appropriate. In addition, CDLFs participating in the Program shall submit audited financial statements to the Secretary, have a clean audit opinion, and have at least three years of operating experience.''; (B) in subsection (d)-- (i) in paragraph (1)(F), by striking ``5 percent'' and inserting ``10 percent''; (ii) in paragraph (5), by adding at the end the following new subparagraphs: ``(J) Incentives contingent on an increase in the number of loans made.--For any quarter during the first 4\1/2\-year period following the date on which an eligible institution receives a capital investment under the Program, other than the first such quarter, in which the institution's change in the amount of small business lending relative to the baseline is positive, if the number of loans made by the institution does not increase by 2.5 percent for each 2.5 percent increase of small business lending, then the rate at which dividends and interest shall be payable during the following quarter on preferred stock or other financial instruments issued to the Treasury by the eligible institution shall be-- ``(i) 5 percent, if such quarter is within the 2-year period following the date on which the eligible institution receives the capital investment under the Program; or ``(ii) 7 percent, if such quarter is after such 2-year period. ``(K) Alternative computation.--An eligible institution may choose to compute their small business lending amount by computing the amount of small business lending, as if the definition of such term did not require that the loans comprising such lending be made to small business. Any eligible institution choosing to compute their small business lending in this manner shall certify that all lending included by the institution for purposes of computing the increase in lending under this paragraph was made to small businesses.''; and (iii) in paragraph (8)-- (I) by amending the heading to read as follows: ``Outreach to minorities, women, veterans, and indian tribes''; (II) in subparagraph (B), by striking ``and'' at the end; (III) in subparagraph (C), by striking the period at the end and inserting ``; and''; and (IV) by adding at the end the following new subparagraph: ``(D) represent or work with or are members of Indian Tribes.''; and (C) by adding at the end the following new subsection: ``(e) Notification to Customers.--Any eligible institution receiving funds under the Program shall-- ``(1) disclose on every applicable loan transaction that the loan is being made possible by the Program; and ``(2) if such institution has an established internet website, such institution shall make available on its internet website-- ``(A) the written reports made by the Secretary pursuant to paragraphs (1) and (2) of section 4107(b)(3); and ``(B) a statement that the institution, as a participant in the Program, is seeking to make small business loans to qualified borrowers and may not discriminate on the basis of any factor prohibited under the Equal Credit Opportunity Act, including the race, color, religion, national origin, sex, marital status, or age.''; (3) in section 4105-- (A) in paragraph (8), by striking ``and'' at the end; (B) in paragraph (9), by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following new paragraph: ``(10) increasing the availability of credit for small businesses operating on Tribal trust lands or other Indian areas.''; (4) by redesignating section 4113 as section 4114; and (5) by inserting after section 4112 the following new section: ``SEC. 4113. TEMPORARY AMORTIZATION AUTHORITY. ``(a) Purpose.--The purpose of this section is to address the ongoing effects of the financial crisis on small businesses by providing temporary authority to amortize losses or write-downs in order to increase the availability of credit for small businesses. ``(b) In General.--For purposes of capital calculation under the Financial Institutions Examination Council's Consolidated Reports of Condition, an eligible institution may choose to amortize any loss or write-down, on a quarterly straight line basis over a period determined under subsection (c), beginning with the month in which such loss or write-down occurs, resulting from the application of FASB Statement 114 or 144 to-- ``(1) other real estate owned (as defined under section 34.81 of title 12, Code of Federal Regulation), or ``(2) an impaired loan secured by real estate, provided that the institution discloses the difference in the amount of the institution's capital, when calculated taking into account the temporary amortization, from the amount of the institution's capital when calculated without taking into account the temporary amortization on the Financial Institutions Examination Council's Consolidated Reports of Condition. ``(c) Amortization Requirements.--During the initial 2-year period referred to in section 4103(d)(5), an eligible institution's amortization period shall be adjusted to reflect the following schedule based on the institution's change in the amount of small business lending relative to the baseline: ``(1) If the amount of small business lending has increased by less than 2.5 percent, the amortization period shall be 6 years. ``(2) If the amount of small business lending has increased by 2.5 percent or greater, but by less than 5.0 percent, the amortization period shall be 7 years. ``(3) If the amount of small business lending has increased by 5.0 percent or greater, but by less than 7.5 percent, the amortization period shall be 8 years. ``(4) If the amount of small business lending has increased by 7.5 percent or greater, but by less than 10.0 percent, the amortization period shall be 9 years. ``(5) If the amount of small business lending has increased by 10 percent or greater, the amortization period shall be 10 years. ``(d) Minimum Underwriting Standards.--The appropriate Federal banking agency for an eligible institution that chooses to amortize any loss or write-down as permitted under subsection (b) shall, within 60 days of the date of the enactment of this title, issue regulations defining minimum underwriting standards that must be used for loans made by the eligible institution. ``(e) Effective Date.--The provisions of this section shall apply to loan origination that occurred on or after January 1, 2003, and before January 1, 2008.''. (b) Technical Amendment.--The table of contents for the Small Business Jobs Act of 2010 is amended by striking the item related to section 4113 and inserting the following new items: ``4113. Temporary amortization authority. ``4114. Sense of Congress.''. SEC. 3. EFFECTIVE DATE. This Act, and the amendments made by this Act, shall take effect on the later of the following: (1) The date of the enactment of this Act. (2) The date of the enactment of the Small Business Jobs Act of 2010. | Small Business Jobs Amendments Act of 2010 - Amends the Small Business Jobs Act of 2010 with respect to the Small Business Lending Fund Program (Program) to: (1) remove the requirement that a community development loan fund (CDLF) be a tax-exempt entity; (2) include as an eligible institution under the Program any small business lending company that has total assets equal to or less than $10 billion; and (3) include as authorized small business lending nonowner-occupied commercial real estate loans. Directs the Secretary of the Treasury to develop eligibility criteria to determine the financial ability of a CDLF to participate in the Program. Allows CDLFs to apply to receive from the Small Business Lending Fund up to 10% (current law allows up to 5%) of the total assets of the CDLF for investment in small businesses. Provides: (1) dividend and interest incentives for participating loan institutions based on increases in small business lending; and (2) an authorized alternative computation of small business lending by such institutions. Requires eligible institutions to: (1) provide Program outreach to Indian tribes; and (2) include on its Internet website a statement that the institution is seeking to make small business loans and may not discriminate on the basis of race, color, religion, national origin, sex, marital status, or age. Requires the Secretary, in exercising loan authorities, to consider increasing the availability of credit for small businesses operating on tribal trust lands or other Indian areas. Authorizes an eligible institution to temporarily amortize, for up to a 10-year period, any loan loss or write-down in order to increase the availability of credit for small businesses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Employee Pension Plan Liability Act of 1995''. SEC. 2. CIVIL ENFORCEMENT OF PUBLIC EMPLOYEE PENSION PLAN TERMS. (a) In General.--A civil action may be brought, by a participant or beneficiary under a public employee pension plan, against the plan-- (1) to recover benefits due to him or her under the terms of the plan, to enforce his or her rights under the terms of the plan, or to clarify his or her rights to future benefits under the terms of the plan; (2) to enjoin any act or practice which violates the terms of the plan, or (3) to obtain other appropriate equitable relief (A) to redress violations of the terms of the plan or (B) to enforce the terms of the plan. (b) Burden of Proof.-- (1) In general.--Except as provided in paragraph (2), in any action brought under this section, the plaintiff may prevail if the plaintiff proves his or her case by a preponderance of the evidence. (2) Special rule for plans subject to review by qualified review boards.--In the case of a public employee pension plan which meets the requirements of section 3, in any action brought under this section, the plaintiff may prevail only if the plaintiff proves his or her case by clear and convincing evidence. (c) Plans Treated as Persons.--A public employee pension plan may sue or be sued under this Act as a person. Service of summons, subpoena, or other legal process of a court upon a trustee or an administrator of a public employee pension plan in the trustee's or administrator's capacity as such shall constitute service upon the plan. (d) Jurisdiction and Venue.-- (1) In general.--State courts of competent jurisdiction and district court of the United States shall have concurrent jurisdiction of actions brought under this section. The district courts of the United States shall have jurisdiction without regard to the amount in controversy or the citizenship of the parties, to grant the relief provided for in subsection (a). (2) Venue.--Notwithstanding section 94 of the National Banking Act (12 U.S.C. 94), in any case in which an action under this Act is brought in a district court of the United States, it may be brought in any district of the State where the plan is administered, where the breach took place, or where a defendant resides or may be found, and process may be served in any other district where a defendant resides or may be found. (e) Attorney's Fees.--In any action brought under this section, the court may in its discretion award a reasonable attorney's fee and costs of action to any party who prevails or substantially prevails in such action. SEC. 3. REVIEW BY QUALIFIED REVIEW BOARDS OF CHANGES IN EMPLOYER CONTRIBUTIONS. (a) In General.--A public employee pension plan meets the requirements of this section if, under the plan, changes in employer contributions are subject to review by a qualified review board established for the plan as provided in this section. For purposes of this section, the term ``qualified review board'' means a board-- (1) whose membership is determined under the law of the principal State in accordance with subsection (b), and (2) whose powers are determined under the law of the principal State in accordance with paragraph (3). (b) Membership.-- (1) In general.--The membership of a qualified review board established for a plan shall consist of 3 members selected from among individuals who, by means of their education and experience, have demonstrated expertise in the area of pension fund management, as follows: (A) one member is appointed by the Governor of the State, (B) one member is selected by the participants in the plan, by means of an election held in such form and manner as shall be prescribed in regulations of the Secretary of Labor, and (C) one member is selected jointly by the Governor and by a representative of participants in the plan (from a certified list of pension experts establsihed in accordance with paragraph (2)). Each member of the board shall have 1 vote. Members of the board shall serve for such equivalent terms as shall be prescribed under the law of the principal State. (2) Certified list of experts.--The Governor of the State shall, for purposes of paragraph (1)(C), establish and maintain with respect to each public employee pension plan (for which such State is the principal State) a certified list of pension experts meeting the requirements for membership on the qualified review board. Individuals may be included on such list only by agreement between the Governor of the State and a representative elected by participants in the plan, entered into by means of collective bargaining in such form and manner as shall be prescribed in regulations of the Secretary of Labor. (c) Powers.--The board shall be treated as a qualified review board for purposes of this section with respect to any public employee pension plan (for which such State is the principal State) only if the powers of such board under the law of the principal State include review by the board, for approval or disapproval by the board, of any change in the terms of such plan, as a necessary prerequisite for such change to take effect, if-- (1) such change would have the effect of changing levels of employer contributions to the plan, and (2) such review is requested, in such form and manner as shall be prescribed in regulations of the Secretary of Labor, by-- (A) at least one-third of the total number of trustees of any trust fund forming a part of the plan, or (B) the head of any employee organization representing at least 20 percent of the total number of active participants in the plan. The board may be treated as a qualified review board for purposes of this section only if, under the law of the principal State, any such change submitted to such review by the board may take effect only upon approval of the change by the board. SEC. 4. EFFECT ON OTHER LAWS. (a) In General.--Nothing in this Act shall be construed to alter, amend, modify, invalidate, impair, or supersede any law of a State or any rule or regulation issued under any such law, except to the extent that such law-- (1) may now or hereafter relate to the subject matter of the provisions of this Act as they apply to any public employee pension plan described in section 4(b)(1) and not exempt under section 4(b)(2), and (2) prevents the application of such provisions. (b) State Causes of Action Preserved.--Nothing in this Act shall be construed to apply with respect to State causes of action available in State courts. SEC. 4. DEFINITIONS AND COVERAGE. (a) Definitions.--For purposes of this Act-- (1) Administrator.--The term ``administrator'' means-- (A) the board of trustees, retirement board, or similar person with administrative responsibilities in connection with a plan, or any other person specifically so designated in connection with any requirement of this Act by the terms of the instrument or instruments under which the plan is operated, including but not limited to the law of any State or of any political subdivision of any State, or (B) in any case in which there is no person described in subparagraph (A) in connection with the plan, the plan sponsor. (2) Beneficiary.--The term ``beneficiary'' means a person designated by a participant, or by the terms of a public employee pension plan, who is or may become entitled to a benefit thereunder. (3) Employee.--The term ``employee'' means any individual employed by an employer, employer representative, or other person required to make employer contributions under the plan. (4) Employee organization.--The term ``employee organization'' means any labor union or any organization of any kind, or any agency or employee representation committee, association, group, or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers or employer representatives concerning a public employee pension plan or other matters incidental to employment relationships; or any employees' beneficiary association organized for the purpose, in whole or in part, of establishing such a plan. (5) Employer.--The term ``employer'' means-- (A) the government of any State or of any political subdivision of a State, (B) any agency or instrumentality of a government referred to in subparagraph (A), or (C) any agency or instrumentality of two or more governments referred to in subparagraph (A). (6) Employer contribution.--The term ``employer contribution'' means any contribution to a public employee pension plan other than a contribution made by a participant in the plan. (7) Employer representative.--The term ``employer representative'' means-- (A) any group or association consisting, in whole or in part, of employers acting, in connection with a public employee pension plan, for an employer, or (B) any person acting, in connection with a public employee pension plan, indirectly in the interest of an employer or of a group or association described in subparagraph (A). (8) Public employee pension plan.--The term ``public employee pension plan'' and ``plan'' mean any plan, fund, or program which was heretofore or is hereafter established or maintained, in whole or in part, by an employer, an employer representative, or an employee organization, or by a combination thereof, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program-- (A) provides retirement income to employees, or (B) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond, regardless of the method of calculating the contributions made to the plan, the method of calculating the benefits under the plan, or the method of distributing benefits from the plan. (9) Principal state.--The term ``principal State'' means, for any plan year with respect to a public employee pension plan, the State in which, as of the beginning of such plan year, the largest percentage of the participants of the plan employed in any single State is employed. (10) Governor.--The term ``Governor'' means, in connection with a public employee pension plan, the Governor (or equivalent official) of the principal State. (11) Participant.--The term ``participant'' means any individual who is or may become eligible to receive a benefit of any type from a public employee pension plan or whose beneficiaries may be eligible to receive any such benefit. (12) Person.--The term ``person'' means a State, a political subdivision of a State, any agency or instrumentality of a State or a political subdivision of a State, an individual, a partnership, a joint venture, a corporation, a mutual company, a joint-stock company, a trust, an estate, an unincorporated organization, an association, or an employee organization. (13) Plan sponsor.--The term ``plan sponsor'' means-- (A) in the case of a plan established or maintained solely for employees of a single employer, such employer, (B) in the case of a plan established or maintained by an employee organization, the employee organization, or (C) in the case of a plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, board of trustees, or other similar group of representatives of the parties who establish or maintain the plan. (14) Plan year.--The term ``plan year'' means, with respect to a plan, the calendar, policy, or fiscal year on which the records of the plan are kept. (15) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, and Guam. (b) Coverage.-- (1) In general.--Except as provided in paragraph (2), this Act shall apply to any public employee pension plan. (2) Exceptions from coverage.--The provisions of this Act shall not apply to-- (A) any employee benefit plan described in section 4(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1003(a)), which is not exempt under section 4(b)(1) of such Act (29 U.S.C. 1003(b)(1)); (B) any plan which is unfunded and is maintained by an employer or employer representative primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees; (C) any arrangement which would be a severance pay arrangement, as defined in regulations of the Secretary of Labor under section 3(2)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(2)(B)(i)), if the employer were an employer within the meaning of section 3(5) of such Act (29 U.S.C. 1002(5)); (D) any agreement to the extent it is a coverage agreement entered into pursuant to section 218 of the Social Security Act (42 U.S.C. 418); (E) any individual retirement account or any individual retirement annuity within the meaning of section 408 of the Internal Revenue Code of 1986, or a retirement bond within the meaning of section 409 of such Code; (F) any plan described in section 401(d) of such Code; (G) any individual account plan consisting of an annuity contract described in section 403(b) of such Code; (H) any eligible State deferred compensation plan, as defined in section 457(b) of such Code; or (I) any plan maintained solely for the purpose of complying with applicable workers' compensation laws or disability insurance laws. SEC. 5. EFFECTIVE DATE. The preceding provisions of this Act shall apply with respect to plan years beginning on or after January 1, 1996. | Public Employee Pension Plan Liability Act of 1995 - Permits a participant or beneficiary under a public employee pension plan to bring a civil action against the plan to: (1) recover benefits due him or her under the plan's terms, to enforce his or her rights, or to clarify his or her rights to future benefits; (2) enjoin any act or practice which violates the plan's terms; or (3) obtain other appropriate equitable relief to enforce such terms or redress violations of them. Allows a plaintiff, in most instances, to prevail in such an action by proving the case by a preponderance of the evidence. Requires proof by clear and convincing evidence, however, if the action involves a plan under which changes in employer contributions are subject to review by a qualified review board. Grants State courts and U.S. district courts concurrent jurisdiction of such actions. Precribes the general requirements for a qualified review board. States that in general this Act applies to any public employee pension plan, with specified exceptions. |
SECTION 1. FEE AUTHORITY AND REPEAL OF PROHIBITION. (a) Authority.-- (1) In general.--The Secretary of the Interior (in this section referred to as the ``Secretary'') may permit, under terms and conditions considered necessary by the Secretary, the use of lands and facilities administered by the Secretary for the making of any motion picture, television production, soundtrack, or similar project, if the Secretary determines that such use is appropriate and will not impair the values and resources of the lands and facilities. (2) Fees.--(A) Any permit under this section shall require the payment of fees to the Secretary in an amount determined to be appropriate by the Secretary sufficient to provide a fair return to the government in accordance with subparagraph (B), except as provided in subparagraph (C). The amount of the fee shall be not less than the direct and indirect costs to the Government for processing the application for the permit and the use of lands and facilities under the permit, including any necessary costs of cleanup and restoration, except as provided in subparagraph (C). (B) The authority of the Secretary to establish fees under this paragraph shall include, but not be limited to, authority to issue regulations that establish a schedule of rates for fees under this paragraph based on such factors as-- (i) the number of people on site under a permit; (ii) the duration of activities under a permit; (iii) the conduct of activities under a permit in areas designated by statute or regulations as special use areas, including wilderness and research natural areas; and (iv) surface disturbances authorized under a permit. (C) The Secretary may, under the terms of the regulations promulgated under paragraph (4), charge a fee below the amount referred to in subparagraph (A) if the activity for which the fee is charged provides clear educational or interpretive benefits for the Department of the Interior. (3) Bonding and insurance.--The Secretary may require a bond, insurance, or such other means as may be necessary to protect the interests of the United States in activities arising under such a permit. (4) Regulations.--(A) The Secretary shall issue regulations implementing this subsection by not later than 180 days after the date of the enactment of this Act. (B) Within 3 years after the date of enactment of this Act, the Secretary shall review and, as appropriate, revise regulations issued under this paragraph. After that time, the Secretary shall periodically review the regulations and make necessary changes. (b) Collection of Fees.--Fees shall be collected under subsection (a) whenever the proposed filming, videotaping, sound recording, or still photography involves product or service advertisements, or the use of models, actors, sets, or props, or when such filming, videotaping, sound recording, or still photography could result in damage to resources or significant disruption of normal visitor uses. Filming, videotaping, sound recording or still photography, including bona fide newsreel or news television film gathering, which does not involve the activities or impacts identified herein, shall be permitted without fee. (c) Existing Regulations.--The prohibition on fees set forth in paragraph (1) of section 5.1(b) of title 43, Code of Federal Regulations, shall cease to apply upon the effective date of regulations under subsection (a). Nothing in this section shall be construed to affect the regulations set forth in part 5 of such title, other than paragraph (1) thereof. (d) Proceeds.--Amounts collected as fees under this section shall be available for expenditure without further appropriation and shall be distributed and used, without fiscal year limitation, in accordance with the formula and purposes established for the Recreational Fee Demonstration Program under section 315 of Public Law 104-134. (e) Penalty.--A person convicted of violating any regulation issued under subsection (a) shall be fined in accordance with title 18, United States Code, or imprisoned for not more than 6 months, or both, and shall be ordered to pay all costs of the proceedings. (f) Effective Date.--This section and the regulations issued under this section shall become effective 180 days after the date of the enactment of this Act, except that this subsection and the authority of the Secretary to issue regulations under this section shall be effective on the date of the enactment of this Act. Passed the House of Representatives September 15, 1998. Attest: ROBIN H. CARLE, Clerk. | Authorizes the Secretary of the Interior to permit the use of lands and facilities for the making of any motion picture, television production, soundtrack, or similar project if such use is appropriate and will not impair the values and resources of such lands and facilities. Provides for permit fees and distribution of amounts collected, bonding and insurance, and a penalty for noncompliance with regulations. |
SECTION 1. UNDERGROUND STORAGE TANKS IN INDIAN COUNTRY. (a) Definitions.--Section 9001 of the Solid Waste Disposal Act (42 U.S.C. 6991) is amended by adding at the end the following new paragraphs: ``(9) The term `Indian country' means-- ``(A) all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; ``(B) all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof and whether within or without the limits of a State; and ``(C) all Indian allotments, the Indian titles to which have not been extinguished, including rights-of- way running through such allotments. ``(10) The term `Indian tribe' means any Indian tribe, band, nation, pueblo, group, or community, including any Alaska Native village, organization, or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized by the Secretary of the Interior and exercising governmental authority within Indian country.''. (b) Primary Enforcement Responsibilities of Indian Tribes.-- Subtitle I of the Solid Waste Disposal Act is amended by redesignating section 9010 as section 9011 and by inserting after section 9009 the following new section: ``SEC. 9010. INDIAN TRIBES. ``(a) General Authority.--Subject to the provisions of subsection (b), the Administrator-- ``(1) may delegate to Indian tribes described in subsection (b) primary enforcement responsibility for programs and projects under this subtitle in Indian country; ``(2) may provide Indian tribes grant and contract assistance to carry out functions under this subtitle in Indian country; and ``(3) may enter into cooperative agreements with Indian tribes in carrying out this section. ``(b) Conditions.--The Administrator may make a delegation under subsection (a)(1) to an Indian tribe only if-- ``(1) the Indian tribe has a governing body carrying out substantial governmental duties and powers; ``(2) the functions to be exercised by the Indian tribe pertain to land and resources which are held by the Indian tribe, held by United States in trust for the Indian tribe, held by a member of the Indian tribe if such property interest is subject to a trust restriction on alienation, or are otherwise within Indian country; and ``(3) the Indian tribe is reasonably expected to be capable, in the Administrator's judgment, of carrying out the functions to be exercised in a manner consistent with the terms and purposes of this subtitle and of all applicable regulations. ``(c) EPA Regulations.--(1) The Administrator shall, not later than 12 months after the date of the enactment of this section, promulgate final regulations that specify how Indian tribes may exercise primary enforcement responsibility under this subtitle. ``(2) For any provision of this subtitle where the exercise of primary enforcement responsibility by Indian tribes is inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this subtitle, the Administrator may include in the regulations promulgated under this section means for the direct implementation of such provision by the Environmental Protection Agency in a manner that will achieve the purpose of the provision. Nothing in this section shall be construed to allow Indian tribes to assume or maintain primary enforcement responsibility for programs under this subtitle in a manner less protective of human health and the environment than such responsibility may be assumed or maintained by a State. An Indian tribe shall not be required to exercise criminal jurisdiction for purposes of complying with the preceding sentence. ``(d) Cost Share.--An Indian tribe shall not be required to pay any portion of the cost of corrective actions undertaken by either the Administrator or by the Indian tribe under a cooperative agreement if, in the judgment of the Administrator, such requirement would impose an undue burden on the Indian tribe or be inappropriate, administratively infeasible, or otherwise inconsistent with the purposes of this subtitle or the Federal trust responsibility to Indian tribes. ``(e) Cooperative Agreements.--In order to ensure the consistent implementation of the requirements of this subtitle, an Indian tribe and the State or States in which the lands of such Indian tribe are located may enter into a cooperative agreement, subject to the review and approval of the Administrator, to jointly plan and administer the requirements of this subtitle in Indian country. ``(f) Study of Underground Storage Tanks Within Indian Country.-- (1) Not later than 12 months after the date of enactment of this section, the Administrator shall complete a study and inventory of all underground storage tanks located within Indian country. The study shall include-- ``(A) an assessment of the ages, types (including methods of manufacture, coatings, protection systems, the compatibility of the construction materials and the installation methods) and locations (including the climate of the locations) of such tanks; ``(B) soil conditions, water tables, and the hydrogeology of the tank locations; ``(C) the relationship between the factors specified in subparagraphs (A) and (B) and the likelihood of releases from underground storage tanks; ``(D) the effectiveness and costs of inventory systems, tank testing, and leak detection systems; and ``(E) such other factors as the Administrator deems appropriate. ``(2) Upon completion of the study required by paragraph (1), the Administrator, in cooperation with the Secretary of the Interior and the Director of the Indian Health Service, shall submit to Congress a report containing the findings of the study and recommendations for addressing underground storage tanks within Indian country. ``(g) Tribal Leaking Underground Storage Tank Trust Fund.--(1) The Administrator shall establish a Tribal Leaking Underground Storage Tank Trust Fund (hereafter in this subsection referred to as the `trust fund') and shall use such funds for payment of costs incurred for corrective action within Indian country under this subtitle. ``(2) The trust fund shall consist of amounts deposited pursuant to section 9508(c)(1)(B) of the Internal Revenue Code of 1986. ``(3) The Administrator may provide funds from the trust fund for the reasonable costs of an Indian tribe's actions under a cooperative agreement between the Administrator and such Indian tribe setting out the corrective actions and enforcement activities to be taken by the Indian tribe. ``(4) The Administrator shall allow an Indian tribe to recover from the trust fund its reasonable costs incurred before the enactment of this section for corrective and enforcement actions related to releases into the environment from underground storage tanks located within Indian country under its jurisdiction if-- ``(A) the Indian tribe notified the Environmental Protection Agency and Bureau of Indian Affairs of the release from an underground storage tank; and ``(B) the Environmental Protection Agency and the Bureau of Indian Affairs failed-- ``(i) to require the owner or operator of the underground storage tank to undertake corrective action with respect to the release; or ``(ii) to undertake corrective action with respect to such release when such action was necessary, in the judgment of the Administrator, the Secretary of the Interior, or the Indian tribe, to protect human health and the environment.''. (c) Appropriations.--(1) Section 2007(f)(1) of the Solid Waste Disposal Act (42 U.S.C. 6916(f)(1)) is amended by adding at the end the following: ``Not less than 1\1/2\ percent of the amount appropriated under this paragraph shall be used by the Administrator to carry out section 9010 of this Act (relating to the regulation of underground storage tanks within Indian country).''. (2) Section 2007(f)(2) of the Solid Waste Disposal Act (42 U.S.C. 6916(f)(2)) is amended by adding at the end the following: ``Not less than 1\1/2\ percent of the amount appropriated under this paragraph shall be used by the Administrator to make grants to Indian tribes for purposes of assisting Indian tribes in the development and implementation of approved tribal underground storage tank release detection, prevention, and correction programs under subtitle I.''. (d) Table of Contents.--The table of contents of the Solid Waste Disposal Act, contained in section 1001 of such Act, is amended by redesignating the item relating to section 9010 as 9011 and by inserting after the item relating to section 9009 the following new item: ``Sec. 9010. Indian tribes.''. SEC. 2. SET ASIDE FOR TRIBAL LEAKING UNDERGROUND STORAGE TANK TRUST FUND. Section 9508(c)(1) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``Except as provided'' and inserting the following: ``(A) Purposes.--Except as provided''; and (2) by adding at the end the following new subparagraph: ``(B) Set aside for indian tribes.--Notwithstanding any other provision of law, for each of the fiscal years 1995 through 1999, the Secretary shall deposit an amount equal to not less than 3 percent of the amounts made available to States pursuant to subparagraph (A) in the Tribal Leaking Underground Storage Tank Trust Fund to be administered by the Administrator of the Environmental Protection Agency. Such amounts shall be used only by Indian tribes (as defined in section 9001(10) of the Solid Waste Disposal Act) to carry out the purposes referred to in subsection 9010(g) of the Solid Waste Disposal Act.''. | Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to: (1) delegate primary enforcement authority for programs under such Act to qualifying Indian tribes; (2) provide grant and contract assistance to, and enter into cooperative agreements with, tribes to carry out such Act. Directs the Administrator to: (1) study and inventory all underground storage tanks within Indian country; and (2) establish a Tribal Leaking Underground Storage Tank Trust Fund. Obligates specified funds for regulation of such underground storage tanks. Amends the Internal Revenue Code to reserve at least three percent of the amounts made available to States from the Leaking Underground Storage Tank Trust Fund for the Tribal Leaking Underground Storage Tank Trust Fund. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``European Security Act of 1997''. SEC. 2. STATEMENTS OF POLICY. The Congress declares the following to be the policy of the United States: (1) Policy with respect to nato enlargement.--(A) The emerging democracies in Central and Eastern Europe that will be invited to begin accession negotiations with the North Atlantic Treaty Organization (NATO) at the NATO summit in Madrid on July 8 and 9, 1997, should not be the last such countries invited to join NATO. (B) The United States should seek to ensure that the NATO leaders assembled in Madrid agree on a process whereby all other emerging democracies in Central and Eastern Europe that wish to join NATO will be considered for membership in NATO as soon as they meet the criteria for such membership set forth in the NATO Participation Act of 1994 (title II of Public Law 103- 447; 22 U.S.C. 1928 note). (2) Policy with respect to the nato-russia charter and adaptation of the cfe treaty.--(A) NATO enlargement should be carried out in such a manner as to underscore the Alliance's defensive nature and demonstrate to Russia that NATO enlargement will enhance the security of all countries in Europe, including Russia. Accordingly, the United States and its NATO Allies should make this intention clear in the negotiation of the NATO-Russia Charter and adaptation of the Conventional Armed Forces in Europe (CFE) Treaty of November 19, 1990. (B) In seeking to demonstrate to Russia NATO's defensive and security-enhancing intentions, it is essential that neither fundamental United States security interests in Europe nor the effectiveness and flexibility of NATO as a defensive alliance be jeopardized. In particular, no commitments should be made that would have the effect of-- (i) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members; (ii) limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy reinforcements when necessary; (iii) providing any international organization, or any country that is not a member of NATO, with authority to review, delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including with respect to the deployment of NATO forces or the admission of additional members to NATO; or (iv) impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance by, for example, recognizing spheres of influence in Europe. (C) In order to enhance security and stability in Europe, the NATO-Russia Charter should include commitments from the Russian Federation-- (i) to demarcate all its borders with neighboring states; (ii) to station its armed forces on the territory of other states only with the consent of such states and in strict accordance with international law; and (iii) to take steps to reduce nuclear and conventional forces in Kaliningrad. (D) As the ongoing negotiations on adaptation of the Conventional Armed Forces in Europe (CFE) Treaty proceed, the United States should engage in close and continuous consultations not only with its NATO allies, but also with the emerging democracies of Central and Eastern Europe, Ukraine, and the newly independent states of the Caucasus region. (3) Policy with respect to ballistic missile defense cooperation with russia.--(A) As the United States proceeds with efforts to develop defenses against ballistic missile attack, it should seek to foster a climate of cooperation with Russia on matters related to missile defense. In particular, the United States and its NATO allies should seek to cooperate with Russia in such areas as early warning and technical aspects of ballistic missile defense. (B) Even as the Congress seeks to promote ballistic missile defense cooperation with Russia, it must insist on its constitutional prerogatives regarding consideration of arms control agreements with Russia that bear on ballistic missile defense. SEC. 3. AUTHORITIES RELATING TO NATO ENLARGEMENT. (a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2(1). (b) Designation of Additional Countries Eligible for NATO Enlargement Assistance.-- (1) Designation of additional countries.-- (A) In general.--Subject to subparagraph (B), not later than 180 days after the date of the enactment of this Act, the President shall, pursuant to section 203(d)(2) of the NATO Participation Act of 1994, designate additional emerging democracies in Central and Eastern Europe that, as of the date of the enactment of this Act, have not been designated as eligible to receive assistance under the program established under section 203(a) of such Act. (B) Exception.--The requirement to designate additional emerging democracies in Central and Eastern Europe under subparagraph (A) shall not apply and shall become a requirement to designate one or more such additional emerging democracies if the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that such additional emerging democracies are the only additional emerging democracies that meet the criteria for designation set forth in section 203(d)(3) of the NATO Participation Act of 1994; and, in addition, the requirement to designate additional emerging democracies under subparagraph (A) shall not apply if the President certifies to such Committees that no such additional emerging democracies meet the criteria for designation set forth in section 203(d)(3) of such Act. (2) Rule of construction.--The designation of countries pursuant to paragraph (1) as eligible to receive assistance under the program established under section 203(a) of the NATO Participation Act of 1994-- (A) is in addition to the designation of other countries by law or pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act; and (B) shall not preclude the designation by the President of other emerging democracies in Central and Eastern Europe pursuant to section 203(d)(2) of such Act as eligible to receive assistance under the program established under section 203(a) of such Act. (3) Sense of the congress.--It is the sense of the Congress that Romania, Estonia, Latvia, and Lithuania-- (A) are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective NATO members; (B) would make an outstanding contribution to furthering the goals of NATO and enhancing stability, freedom, and peace in Europe should they become NATO members; and (C) upon complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date. (c) Regional Airspace Initiative and Partnership for Peace Information Management System.-- (1) In General.--Funds described in paragraph (2) are authorized to be made available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System, including-- (A) the procurement of items in support of these programs; and (B) the transfer of such items to countries participating in these programs. (2) Funds described.--Funds described in this paragraph are funds that are available-- (A) during any fiscal year under the NATO Participation Act of 1994 with respect to countries eligible for assistance under that Act; or (B) during fiscal year 1998 under any Act to carry out the Warsaw Initiative. (d) Extension of Authority Regarding Excess Defense Articles.-- Section 105 of Public Law 104-164 (110 Stat. 1427) is amended by striking ``1996 and 1997'' and inserting ``1997, 1998, and 1999''. (e) Conforming Amendments to the NATO Participation Act of 1994.-- Section 203(c) of the NATO Participation Act of 1994 is amended-- (1) in paragraph (1), by striking ``, without regard to the restrictions'' and all that follows and inserting a period; (2) by striking paragraph (2); (3) in paragraph (8)-- (A) by striking ``any restrictions in sections 516 and 519'' and inserting ``section 516(e)''; (B) by striking ``as amended,''; and (C) by striking ``paragraphs (1) and (2)'' and inserting ``paragraph (1)''; and (4) by redesignating paragraphs (3) through (8) as paragraphs (2) through (7), respectively. SEC. 4. AUTHORITIES RELATING TO THE TREATY ON CONVENTIONAL ARMED FORCES IN EUROPE. (a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2(2). (b) Authority to Approve the CFE Flank Agreement.--The President is authorized to approve on behalf of the United States the Document Agreed Among States Parties to the Treaty on Conventional Armed Forces in Europe of November 19, 1990, signed in Vienna, Austria on May 31, 1996, concerning the resolution of issues related to the Conventional Armed Forces in Europe (CFE) Treaty flank zone. (c) Sense of Congress With Respect to CFE Adaptation.--It is the sense of Congress that any revisions to the Treaty on Conventional Armed Forces in Europe that may be agreed in the ongoing CFE adaptation negotiations can enter into force only if those revisions are specifically approved in a manner described in section 33(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)), and no such approval will be provided to any revisions to that Treaty that jeopardize fundamental United States security interests in Europe or the effectiveness and flexibility of NATO as a defensive alliance by-- (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including with respect to the deployment of nuclear weapons and the stationing of troops and equipment from other NATO members; (2) limiting the ability of NATO to defend the territory of new NATO members by, for example, restricting the construction of defense infrastructure or limiting the ability of NATO to deploy reinforcements when necessary; (3) providing any international organization, or any country that is not a member of NATO, with authority to review, delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or the implementation of such decisions, including with respect to the deployment of NATO forces or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other European countries that do not belong to the Alliance by, for example, recognizing spheres of influence in Europe. SEC. 5. BALLISTIC MISSILE DEFENSE COOPERATIVE PROJECTS WITH RUSSIA. (a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2(3)(A). (b) Establishment of Program of Ballistic Missile Defense Cooperation With Russia.--The Secretary of Defense shall carry out a program of cooperative ballistic missile defense-related projects with the Russian Federation. (c) Conduct of Program.--The program of cooperative ballistic missile defense-related projects with the Russian Federation under subsection (b) may include (but is not limited to) projects in the following areas: (1) Cooperation between the United States and the Russian Federation with respect to early warning of ballistic missile launches, including the sharing of information on ballistic missile launches detected by either the United States or the Russian Federation, formalization of an international launch notification regime, and establishment of a joint global warning center. (2) Technical cooperation in research, development, test, and production of technology and systems for ballistic missile defense. (3) Conduct of joint ballistic missile defense exercises. (4) Planning for cooperation in defense against ballistic missile threats aimed at either the United States or the Russian Federation. (d) Joint Working Group.--The President should seek to establish with the Russian Federation a joint working group to examine the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the Anti-Ballistic Missile Treaty of 1972, including the possibility of developing a strategic relationship not based on mutual nuclear threats. (e) Annual Report.--Not later than March 1 each year, the President shall submit to the Congress a report on the cooperative program under this section. Each such report shall include the following: (1) A description of the conduct of the program during the preceding fiscal year, including a description of the projects carried out under the program. (2) A description of the activities of the joint working group under subsection (d) during the preceding fiscal year. (3) A description of the funding for the program during the preceding fiscal year and the year during which the report is submitted and the proposed funding for the program for the next fiscal year. SEC. 6. RESTRICTION ON ENTRY INTO FORCE OF ABM/TMD DEMARCATION AGREEMENTS. (a) Policy of Section.--This section is enacted in order to implement the policy set forth in section 2(3)(B). (b) Restriction.--An ABM/TMD demarcation agreement shall not be binding on the United States, and shall not enter into force with respect to the United States, unless, after the date of the enactment of this Act, that agreement is specifically approved in a manner described in section 33(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b)). (c) Sense of Congress With Respect to Demarcation Agreements.-- (1) Opposition to multilateralization of abm treaty.--It is the sense of the Congress that until the United States has taken the steps necessary to ensure that the ABM Treaty remains a bilateral treaty between the United States and the Russian Federation (such state being the only successor state of the Union of Soviet Socialist Republics that has deployed or realistically may deploy an anti-ballistic missile defense system) no ABM/TMD demarcation agreement will be considered for approval for entry into force with respect to the United States (any such approval, as stated in subsection (b), to be effective only if provided in a manner described in section 33(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b))). (2) Preservation of u.s. theater ballistic missile defense potential.--It is the sense of the Congress that no ABM/TMD demarcation agreement that would reduce the potential of United States theater missile defense systems to defend the Armed Forces of the United States abroad or the armed forces or population of allies of the United States will be approved for entry into force with respect to the United States (any such approval, as stated in subsection (b), to be effective only if provided in a manner described in section 33(b) of the Arms Control and Disarmament Act (22 U.S.C. 2573(b))). (d) ABM/TMD Demarcation Agreement Defined.--For the purposes of this section, the term ``ABM/TMD demarcation agreement'' means an agreement that establishes a demarcation between theater ballistic missile defense systems and strategic anti-ballistic missile defense systems for purposes of the ABM Treaty, including the following: (1) The agreement concluded by the Standing Consultative Commission on June 24, 1996, concerning lower velocity theater missile defense systems. (2) The agreement concluded (or to be concluded) by the Standing Consultative Commission concerning higher velocity theater missile defense systems, based on the Joint Statement Concerning the Anti-Ballistic Missile Treaty issued on March 21, 1997, at the conclusion of the Helsinki Summit. (3) Any agreement similar to the agreements identified in paragraphs (1) and (2). (e) ABM Treaty Defined.--For purposes of this section, the term ``ABM Treaty'' means the Treaty Between the United States of America and the Union of Soviet Socialist Republics on the Limitation of Anti- Ballistic Missile Systems, signed at Moscow on May 26, 1972 (23 UST 3435), and includes the Protocols to that Treaty, signed at Moscow on July 3, 1974 (27 UST 1645). | European Security Act of 1997 - Directs the President to designate additional emerging democracies in Central and Eastern Europe which meet specified criteria and that have not been designated as eligible to receive assistance under the NATO Participation Act of 1994. (Sec. 3) Expresses the sense of the Congress that: (1) Romania, Estonia, Latvia, and Lithuania are to be commended for their progress toward political and economic liberty and meeting the guidelines for prospective NATO members; and (2) upon their complete satisfaction of all relevant criteria should be invited to become full NATO members at the earliest possible date. Makes funds under the NATO Participation Act of 1994 available to support the implementation of the Regional Airspace Initiative and the Partnership for Peace Information Management System. Extends through FY 1999 the Department of Defense's authority to transfer excess defense articles to countries eligible to participate in the Partnership for Peace and eligible for assistance under the Support for East European Democracy (SEED) Act of 1989. (Sec. 4) Authorizes the President to approve on behalf of the United States the Document Agreed Among States Parties to the Treaty on Conventional Armed Forces in Europe dated November 19, 1990, signed in Vienna, Austria, on May 31, 1996, concerning the resolution of issues related to the Conventional Armed Forces in Europe (CFE) Treaty flank zone. Expresses the sense of the Congress that any revisions to the Treaty on Conventional Armed Forces in Europe can enter into force only if specifically approved in a manner described under the Arms Control and Disarmament Act. Prohibits approval of any Treaty revisions that jeopardize U.S. security interests in Europe, or the effectiveness and flexibility of NATO as a defensive alliance, by: (1) extending rights or imposing responsibilities on new NATO members different from those applicable to current NATO members, including with respect to nuclear weapons deployment and the stationing of other NATO troops and equipment; (2) limiting NATO's ability to defend the territory of new NATO members by restricting defense infrastructure construction or limiting NATO's ability to deploy necessary reinforcements; (3) providing any international organization or any non-NATO country with authority to review, delay, veto, or otherwise impede deliberations and decisions of the North Atlantic Council or their implementation, including with respect to NATO force deployment or the admission of additional members to NATO; or (4) impeding the development of enhanced relations between NATO and other non-NATO European countries by, for example, recognizing spheres of influence in Europe. (Sec. 5) Directs the Secretary of Defense to carry out a program of cooperative ballistic missile defense-related projects with the Russian Federation. Urges the President to establish with the Russian Federation a joint working group to examine the potential for mutual accommodation of outstanding issues between the two nations on matters relating to ballistic missile defense and the Anti-Ballistic Missile Treaty of 1972, including the possibility of developing a strategic relationship not based on mutual nuclear threats. (Sec. 6) Declares that an ABM-TMD (anti-ballistic missile-theater missile defense) demarcation agreement shall not be binding on the United States unless it is specifically approved in a manner described under the Arms Control and Disarmament Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Miscellaneous Fuel Tax Corrections Act of 1995''. SEC. 2. INTEREST PAYABLE ON GASOLINE TAX REFUNDS TO WHOLESALE DISTRIBUTORS. Paragraph (4) of section 6416(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: ``(C) Period for filing claims, etc.-- ``(i) In general.--A claim may be filed under this paragraph by any person with respect to gasoline sold during any period-- ``(I) for which $200 or more is payable under this paragraph, and ``(II) which is not less than 1 week. ``(ii) Payment of claim.--Notwithstanding subsection (b), if the Secretary has not paid pursuant to a claim filed under this paragraph within 20 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(iii) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed during the 1st quarter following the last quarter included in the claim.'' SEC. 3. INTEREST PAYABLE ON REFUNDS OF TAXES ON DIESEL FUEL AND AVIATION FUEL. Paragraph (4) of section 6427(i) of the Internal Revenue Code of 1986 is amended to read as follows: ``(4) Special rule for nontaxable uses of diesel fuel and aviation fuel.-- ``(A) In general.--A claim may be filed under subsection (l) by any person with respect to fuel used by such person for any period-- ``(i) for which $250 or more is payable under subsection (l), and ``(ii) which is not less than 1 month. ``(B) Payment of claim.--Notwithstanding subsection (l)(1), if the Secretary has not paid pursuant to a claim filed under this paragraph within 20 days after the date of the filing of such claim, the claim shall be paid with interest from such date determined by using the overpayment rate and method under section 6621. ``(C) Time for filing claim.--No claim filed under this paragraph shall be allowed unless filed during the 1st quarter following the last quarter included in the claim.'' SEC. 4. VENDOR REFUNDS FOR FUEL USED IN CERTAIN BUSES AND AS HEATING OIL. (a) Certain Buses.-- (1) In general.--Paragraph (1) of section 6427(b) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) Allowance.--Except as otherwise provided in this subsection and subsection (k), if-- ``(A) any fuel other than gasoline (as defined in section 4083(a)) on the sale of which tax was imposed by section 4041(a) or 4081 is used in an automobile bus while engaged in-- ``(i) furnishing (for compensation) passenger land transportation available to the general public, or ``(ii) the transportation of students and employees of schools (as defined in the last sentence of section 4221(d)(7)(C)), and ``(B) the ultimate vendor of such fuel meets the requirements of clauses (i) and (ii) of subsection (l)(5)(B), the Secretary shall pay (without interest) to such ultimate vendor an amount equal to the product of the number of gallons of such fuel so used multiplied by the rate at which tax was imposed on such fuel by section 4041(a) or 4081, as the case may be.'' (2) Refunds with interest.--Subparagraph (A) of section 6427(i)(5) of such Code is amended-- (A) by inserting ``(b) or'' before ``(l)(5)'' the first place it appears, (B) by striking ``subsection (l)(5)'' the second place it appears and inserting ``subsections (b) and (l)(5)'', and (C) by striking ``subsection (l)(1)'' and inserting ``subsections (b)(1) and (l)(1)''. (3) Technical amendments.-- (A) Subparagraph (B) of section 6427(b)(2) of such Code is amended by striking ``(1)(B)'' and inserting ``(1)(A)(ii)''. (B) Paragraph (3) of section 6427(b) of such Code is amended by striking ``(1)(A)'' and inserting ``(1)(A)(i)''. (b) Heating Oil.--Subparagraph (A) of section 6427(l)(5) of such Code is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``, or'', and by adding at the end the following new clause: ``(iii) as heating oil.'' SEC. 5. DIESEL FUEL SOLD FOR USE OR USED IN DIESEL-POWERED BOATS TAXED ONLY ON RETAIL SALE. (a) Tax-Free Sales for Use in Diesel-Powered Boats.--Subsection (b) of section 4082 of the Internal Revenue Code of 1986 (relating to exemptions for diesel fuel) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``, and'', and by adding at the end the following new paragraph: ``(4) any use in a diesel-powered boat.'' (b) Application of Penalty at Retail Level.--Paragraph (2) of section 6714(c) of such Code, as added by section 13242 of the Omnibus Budget Reconciliation Act of 1993, is amended to read as follows: ``(2) Nontaxable use.-- ``(A) In general.--Except as provided in subparagraph (B), the term `nontaxable use' has the meaning given such term by section 4082(b). ``(B) Exception for taxable sales and uses of fuel in diesel-powered boats.--Subparagraph (A) shall not apply to dyed fuel sold for use or used in a diesel- powered boat if tax is imposed on such sale or use under 4041(a)(1) and such tax is not paid.'' (c) Correction of Section Numbering.-- (1) Part II of subchapter B of chapter 68 of such Code is amended by redesignating section 6714 (relating to dyed fuel sold for use or used in taxable use, etc.), as added by section 13242(b)(1) of the Omnibus Budget Reconciliation Act of 1993, as section 6715. (2) The table of sections for such part is amended by redesignating the item relating to section 6714 (relating to dyed fuel sold for use or used in taxable use, etc.), as added by section 13242(b)(2) of such Act, as section 6715. SEC. 6. NO PENALTY ON ADDITION OF KEROSENE IN CERTAIN CASES. Paragraph (3) of section 6715(a) of the Internal Revenue Code of 1986, as redesignating by section 4, is amended by inserting before the comma ``unless such alteration is through the addition of kerosene by a person who is not described in paragraph (1) or (2) with respect to such fuel''. SEC. 7. REFUND FOR TAX-PAID DIESEL FUEL WHICH IS COMMINGLED WITH DYED DIESEL FUEL. Paragraph (2) of section 6427(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: ``Such term includes the addition of diesel fuel on which tax has been imposed by section 4081 to dyed diesel fuel if such addition is established to the satisfaction of the Secretary as being accidental.'' SEC. 8. EFFECTIVE DATE. The amendments made by this Act shall take effect on the date of the enactment of this Act; except that no interest shall be paid by reason of such amendments with respect to any claim filed before such date. | Miscellaneous Fuel Tax Corrections Act of 1995 - Amends the Internal Revenue Code to mandate interest on gasoline tax refunds to wholesale distributors, if the refunds are not paid within a specified period. Limits the period in which a refund claim may be filed. Revises requirements regarding the filing of claims for refunds concerning nontaxable uses of diesel and aviation fuel. Allows a refund, with interest, to the ultimate vendor (currently, a refund, without interest, to the ultimate purchaser) for the tax paid on non-gasoline fuel used in a bus. Prohibits applying to diesel fuel used as heating oil provisions authorizing certain ultimate purchaser refunds (without interest). Makes any use of diesel fuel in a diesel-powered boat nontaxable under provisions relating to manufacturers' excise taxes. Makes dyed diesel fuel sold for use or used in a diesel-powered boat taxable if a tax is imposed under provisions relating to retail excise taxes and that tax is not paid. Allows, without penalty, the addition of kerosene to dyed fuel in certain circumstances. Considers nontaxable the accidental addition of diesel fuel on which tax has been imposed to dyed diesel fuel. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Our Children from Sexual Predators Act of 2005''. SEC. 2. ISSUANCE OF DRIVER'S LICENSES OR IDENTIFICATION CARDS TO SEX OFFENDERS. A State or tribal actor that issues driver's licenses or identification cards must have in effect throughout the jurisdiction of the actor laws and policies that ensure the following: (1) The actor does not issue a driver's license, commercial driver's license, or identification card to a sex offender or renew the driver's license, commercial driver's license or identification card of a sex offender until the actor has satisfactory evidence indicating that the sex offender is in compliance with all applicable sex offender registration requirements. (2) A driver's license, commercial driver's license, or identification card issued to a sex offender expires on the first anniversary date of the offender's birthday, measured from the birthday nearest the date of issuance. SEC. 3. IMPLEMENTATION BY STATES AND INDIAN TRIBES. (a) In General.--Each State actor or tribal actor shall have not more than 2 years from the date of the enactment of this Act in which to fully implement this Act. (b) Implementation by Tribes and in Indian Country.--The Attorney General shall coordinate with the Secretary of the Interior to assist tribal actors in fully implementing this Act throughout the jurisdiction of each tribal actor. (c) Ineligibility for Funds.-- (1) In general.--For any fiscal year after the expiration of the period specified in subsection (a), a State actor or tribal actor that fails to fully implement this Act shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the actor under any of the following programs: (A) Byrne.--Subpart 1 of Part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.), whether characterized as the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, the Edward Byrne Memorial Justice Assistance Grant Program, or otherwise. (B) LLEBG.--The Local Government Law Enforcement Block Grants program. (C) Other law enforcement grants.--Any other program under which the Attorney General provides grants or other financial assistance. (2) Reallocation.--Amounts not allocated under a program referred to in paragraph (1) to an actor for failure to fully implement this Act shall be reallocated under that program to State actors and tribal actors that have not failed to fully implement this Act. SEC. 4. DEFINITIONS. In this Act: (1) State actor.--The term ``State actor'' means any of the following: (A) A State. (B) The District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, or any other territory or possession of the United States. (2) Tribal actor.--The term ``tribal actor'' means a federally recognized Indian tribe. (3) Sex offender.--The term ``sex offender'' means an individual who, either before or after the enactment of this Act, was convicted of, or adjudicated a juvenile delinquent for, an offense (other than an offense involving sexual conduct where the victim was at least 13 years old and the offender was not more than 4 years older than the victim and the sexual conduct was consensual, or an offense consisting of consensual sexual conduct with an adult) whether Federal, State, local, tribal, foreign (other than an offense based on conduct that would not be a crime if the conduct took place in the United States), military, juvenile or other, that is-- (A) a specified offense against a minor; (B) a serious sex offense; or (C) a misdemeanor sex offense against a minor. (4) Specified offense against a minor.--The term ``specified offense against a minor'' means an offense against a minor that involves any of the following: (A) Kidnapping (unless committed by a parent). (B) False imprisonment (unless committed by a parent). (C) Solicitation to engage in sexual conduct. (D) Use in a sexual performance. (E) Solicitation to practice prostitution. (F) Possession, production, or distribution of child pornography. (G) Criminal sexual conduct towards a minor. (H) Any conduct that by its nature is a sexual offense against a minor. (I) Any other offense designated by the Attorney General for inclusion in this definition. (J) Any attempt or conspiracy to commit an offense described in this paragraph. (5) Serious sex offense.--The term ``serious sex offense'' means-- (A) a sex offense punishable under the law of a jurisdiction by imprisonment for more than one year; (B) any Federal offense under chapter 109A, 110, 117, or section 1591 of title 18, United States Code; (C) an offense in a category specified by the Secretary of Defense under section 115(a)(8)(C) of title I of Public Law 105-119 (10 U.S.C. 951 note); (D) any other offense designated by the Attorney General for inclusion in this definition. (6) Misdemeanor sex offense against a minor.--The term ``misdemeanor sex offense against a minor'' means a sex offense against a minor punishable by imprisonment for not more than one year. (7) Minor.--The term ``minor'' means an individual who has not attained the age of 18 years. | Protecting Our Children from Sexual Predators Act of 2005 - Requires a state actor (any state, the District of Columbia, or specified U.S. territories and possessions) or federally recognized Indian tribe (tribal actor) that issues driver's licenses or identification cards to have in effect throughout the jurisdiction laws and policies that ensure that: (1) the actor does not issue or renew a driver's license, commercial driver's license, or identification card to a sex offender (offender) without satisfactory evidence that the offender is in compliance with all applicable offender registration requirements; and (2) such license or card expires on the first anniversary date of the offender's birthday, measured from the birthday nearest the date of issuance. Grants each actor two years to implement this Act. Directs the Attorney General to coordinate with the Secretary of the Interior to assist tribal actors in implementing this Act. Provides that for any fiscal year after the expiration of that period a state or tribal actor that fails to fully implement this Act shall not receive 10% of the funds that would otherwise be allocated under the Byrne, Local Government Law Enforcement Block Grants program and any other program under which the Attorney General provides grants or financial assistance. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as The ``Structured Settlement Protection Act''. SEC. 2. IMPOSITION OF EXCISE TAX ON PERSONS WHO ACQUIRE STRUCTURED SETTLEMENT PAYMENTS IN FACTORING TRANSACTIONS. (a) In General.--Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: ``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS ``Sec. 5891. Structured settlement factoring transactions. ``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed on any person who acquires directly of indirectly structured settlement payment rights in a structured settlement factoring transaction a tax equal to 50 percent of the factoring discount as determined under subsection (c)(4) with respect to such factoring transaction. ``(b) Exception for Court-Approved Hardship.--The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is-- ``(1) otherwise permissible under applicable law, and ``(2) undertaken pursuant to the order of the relevant court or administrative authority finding that the extraordinary, unanticipated, and imminent needs of the structured settlement recipient or his or her spouse or dependents render such a transfer appropriate. ``(c) Definitions.--For purposes of this section-- ``(1) Structured settlement.--The term `structured settlement' means an arrangement-- ``(A) established by-- ``(i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or ``(ii) agreement for the periodic payment of compensation under any workers' compensation act that is excludable from the gross income of the recipient under section 104(a)(1), and ``(B) where the periodic payments are-- ``(i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and ``(ii) payable by a person who is a party to the suit or agreement or to the workers' compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130. ``(2) Structured settlement payment rights.--The term `structured settlement payment rights' means rights to receive payments under a structured settlement. ``(3) Structured settlement factoring transaction.--The term `structured settlement factoring transaction' means a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration. ``(4) Factoring discount.--The term `factoring discount' means amount equal to the excess of (i) the aggregate undiscounted amount of structured settlement payments being acquired in the structured settlement factoring transaction, over (ii) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired. ``(5) Relevant court or administrative authority.--The term `relevant court or administrative authority' means-- ``(A) the court (or where applicable, the administrative authority) which had jurisdiction over the underlying action or proceeding that was resolved by means of the structured settlement, or ``(B) in the event that no action or proceeding was brought, a court (or where applicable, the administrative authority) which-- ``(i) would have had jurisdiction over the claim that is the subject of the structured settlement, or ``(ii) has jurisdiction by reason of the residence of the structured settlement recipient. ``(d) Coordination With Other Provisions.-- ``(1) In general.--In any case where the applicable requirements of sections 72, 130, and 461(h) were satisfied at the time the structured settlement was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. ``(2) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to clarify the treatment in the event of a structured settlement factoring transaction of amounts received by the structured settlement recipient.'' (b) Information Reporting.--Subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new section: ``SEC. 6050T. REPORTING REQUIREMENTS REGARDING STRUCTURED SETTLEMENT FACTORING TRANSACTIONS. ``(a) In General.--In the case of a transfer of structured settlement payment rights in a structured settlement factoring transaction-- ``(1) described in section 5891(b) and of which the person making the structured settlement payments has actual notice and knowledge, such person shall make such return and furnish such written statement to the acquirer of the structured settlement payment rights as would be applicable under the provisions of section 6041 (except as provided in subsection (c) of this section), or ``(2) subject to tax under section 5891(a) and of which the person making the structured settlement payments has actual notice and knowledge, such person shall make such return and furnish such written statement to the acquirer of the structured settlement payment rights at such time, and in such manner and form, as the Secretary shall by regulations prescribe. ``(b) Coordination With Other Provisions.--The provisions of this section shall apply in lieu of any other provisions of this part to establish the reporting obligations of the person making the structured settlement payments in the event of a structured settlement factoring transaction. The provisions of section 3405 regarding withholding shall not apply to the person making the structured settlement payments in the event of a structured settlement factoring transaction. ``(c) Definition.--For purposes of this section, the term `acquirer of the structured settlement payment rights' shall include any person described in section 7701(a)(1).'' (c) Clerical Amendments.-- (1) The table of chapters for subtitle E of such Code is amended by adding at the end the following new item: ``Chapter 55. Structured settlement factoring transactions.'' (2) The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by adding at the end the following new item: ``Sec. 6050T. Reporting requirements regarding structured settlement factoring transactions.'' (d) Effective Date.--The amendments made by this section shall apply to structured settlement factoring transactions (as defined in section 5891(c)(3) of the Internal Revenue Code of 1986) occurring after the date of enactment of this Act. | Structured Settlement Protection Act - Amends the Internal Revenue Code to: (1) impose an excise tax on persons acquiring structured settlement payments in factoring transactions; and (2) set forth related reporting requirements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Student Loan Certainty Act''. SEC. 2. INTEREST RATES. (a) Interest Rate Provisions and Disclosures.--Section 455 of the Higher Education Act of 1965 (20 U.S.C. 1087e) is amended-- (1) in subsection (b)(7)(C), by inserting ``and before July 1, 2013,'' after`` July 1, 2006,''; and (2) by adding at the end of the following: ``(E) Interest rate provisions for new loans on or after july 1, 2013.-- ``(i) Federal direct stafford loans, federal direct unsubsidized stafford loans, and federal direct plus loans.-- ``(I) In general.--Notwithstanding the preceding paragraphs of this subsection or subparagraph (A) or (B), for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, and Federal Direct PLUS Loans for which the first disbursement is made on or after July 1, 2013, the applicable rate of interest shall, for loans disbursed during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to-- ``(aa) the bond equivalent rate of 10-year Treasury bills auctioned at the final auction held prior to such June 1; plus ``(bb)(AA) 1.85 percent for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans for undergraduate students; ``(BB) 3.4 percent for Federal Direct Unsubsidized Stafford Loans for graduate students; and ``(CC) 4.4 percent for Federal Direct PLUS Loans. ``(II) Consultation.--The Secretary shall determine the applicable rates of interest under this clause after consultation with the Secretary of the Treasury and shall publish such rate in the Federal Register on or before June 5 preceding the award year for which the rate is determined. ``(III) Rate.--The applicable rate of interest determined under subclause (I) for a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan shall be fixed for the period of the Loan. ``(ii) Consolidation loans.--Any Federal Direct Consolidation Loan for which the application is received on or after July 1, 2013, shall bear interest at an annual rate on the unpaid principal balance of the loan that is equal to the lesser of-- ``(I) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of one percent; or ``(II) 8.25 percent.''. (b) Exit Counseling Requirement.--Section 485(b)(1)(A)(vii) is amended-- (1) by redesignating subclauses (III) and (IV) as subclauses (VI) and (VII), respectively; and (2) by inserting after subclause (II) the following: ``(III) the borrower's options for loan consolidation; ``(IV) information about the income-based repayment plan under section 493C, including information about capped monthly payments and loan forgiveness under such plan; ``(V) information about Federal Direct Consolidation Loans, which for applications received on or after July 1, 2013, have a maximum interest rate of 8.25 percent, as described under section 455(b)(7)(E)(ii)''. SEC. 3. RULE OF CONSTRUCTION. Nothing in this Act shall be construed to provide the Secretary of Education with the authority to require, or promulgate regulations requiring, new counseling not otherwise required by section 2, and the amendments made by such section, or the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.). SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage. | Bipartisan Student Loan Certainty Act - Amends title IV (Student Assistance) of the Higher Education Act of 1965 to set the annual interest rate on Direct Loans at the bond equivalent rate on 91-day Treasury bills plus: (1) 1.85% for Direct Stafford Loans and Direct Unsubsidized Stafford Loans for undergraduate students, (2) 3.4% for Direct Unsubsidized Stafford Loans for graduate students, and (3) 4.4% for Direct PLUS Loans. Fixes the interest rate on such loans for the period of the loan. Sets the annual interest rate on the unpaid principle balance of Direct Consolidation Loans at the lesser of: (1) the weighted average of the interest rates on the loans consolidated, rounded to the nearest higher one-eighth of 1%; or (2) 8.25%. Makes these interest rate provisions applicable to loans first disbursed on or after July 1, 2013. Requires institutions of higher education (IHEs) to provide student borrowers of title IV loans, prior to or at the time of their departure from school, with information regarding: (1) their options for loan consolidation; (2) the income-based repayment plan, including information about capped monthly payments and loan forgiveness under the plan; and (3) Direct Consolidation Loans. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Military Energy Security Act'' or the ``MESA Act''. SEC. 2. PILOT PROGRAM ON COLLABORATIVE ENERGY SECURITY. (a) Pilot Program.--The Secretary of Defense, in coordination with the Secretary of Energy, shall carry out a collaborative energy security pilot program involving one or more partnerships between one military installation and one national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment. (b) Selection of Military Installation and National Laboratory.-- The Secretary of Defense and the Secretary of Energy shall jointly select a military installation and a national laboratory for the purpose of carrying out the pilot program under this section. In making such selections, the Secretaries shall consider each of the following: (1) A commitment to participate made by a military installation being considered for selection. (2) The findings and recommendations of relevant energy security assessments of military installations being considered for selection. (3) The availability of renewable energy sources at a military installation being considered for selection. (4) Potential synergies between the expertise and capabilities of a national laboratory being considered for selection and the infrastructure, interests, or other energy security needs of a military installation being considered for selection. (5) The effects of any utility tariffs, surcharges, or other considerations on the feasibility of enabling any excess electricity generated on a military installation being considered for selection to be sold or otherwise made available to the local community near the installation. (c) Program Elements.--The pilot program shall be carried out as follows: (1) Under the pilot program, the Secretaries shall evaluate and validate the performance of new energy technologies that may be incorporated into operating environments. (2) The pilot program shall involve collaboration with the Office of Electricity Delivery and Energy Reliability of the Department of Energy and other offices and agencies within the Department of Energy, as appropriate, and the Environmental Security Technical Certification Program of the Department of Defense. (3) Under the pilot program, the Secretary of Defense shall investigate opportunities for any excess electricity created for the military installation to be sold or otherwise made available the local community near the installation. (4) The Secretary of Defense shall use the results of the pilot program as the basis for informing key performance parameters and validating energy components and designs that could be implemented in various military installations across the country and at forward operating bases. (5) The pilot program shall support the effort of the Secretary of Defense to use the military as a test bed to demonstrate innovative energy technologies. (d) Implementation and Duration.--The Secretary of Defense shall begin the pilot program under this section by not later than July 1, 2011. Such pilot program shall be not less than three years in duration. (e) Reports.-- (1) Initial report.--Not later than October 1, 2011, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate an initial report that provides an update on the implementation of the pilot program under this section, including an identification of the selected military installation and national laboratory partner and a description of technologies under evaluation. (2) Final report.--Not later than 90 days after completion of the pilot program under this section, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate a report on the pilot program, including any findings and recommendations of the Secretary. (f) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Defense to carry out this section-- (1) $5,000,000 for fiscal year 2011; (2) $10,000,000 for fiscal year 2012; and (3) $10,000,000 for fiscal year 2012. (g) Definitions.--For purposes of this section: (1) The term ``microgrid'' means an integrated energy system consisting of interconnected loads and distributed energy resources (including generators, energy storage devices, and smart controls) that can operate with the utility grid or in an intentional islanding mode. (2) The term ``national laboratory'' means-- (A) a national laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or (B) a national security laboratory (as defined in section 3281 of the National Nuclear Security Administration Act (50 U.S.C. 2471)). | Military Energy Security Act or the MESA Act - Directs the Secretary of Defense (DOD) to carry out a collaborative energy security pilot program involving one or more partnerships between a military installation and a national laboratory, for the purpose of evaluating and validating secure, salable microgrid components and systems for deployment. Requires the Secretary and the Secretary of Energy (DOE) to jointly select a military installation and national laboratory for such purposes. Requires an initial and final pilot program report from the Secretary to the congressional defense and energy committees. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Honoring Investments in Recruiting and Employing American Military Veterans Act of 2016'' or the ``HIRE Vets Act''. SEC. 2. HIRE VETS MEDALLION PROGRAM. (a) Program Established.--Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall establish, by rule, a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by means of an award to be designated a ``HIRE Vets Medallion'', verified efforts by such employers-- (1) to recruit, employ, and retain veterans; and (2) to provide community and charitable services supporting the veteran community. (b) Application Process.--Beginning in the calendar year following the calendar year in which the Secretary establishes the program-- (1) the Secretary shall annually-- (A) solicit and accept voluntary applications from employers in order to consider whether those employers should receive a HIRE Vets Medallion; (B) review applications received in each calendar year; and (C) provide to the President a list of recipients; and (2) the President shall annually-- (A) notify such recipients of their awards; and (B) at a time to coincide with the annual commemoration of Veterans Day-- (i) announce the names of such recipients; (ii) recognize such recipients through publication in the Federal Register; and (iii) issue to each such recipient-- (I) a HIRE Vets Medallion of the level determined under section 3; and (II) a certificate stating that such employer is entitled to display such HIRE Vets Medallion during the following calendar year, to be designated a ``HIRE Vets Medallion Certificate''. (c) Timing.-- (1) Solicitation period.--The Secretary shall solicit applications not later than January 31st of each calendar year for the medallions to be awarded in November of that calendar year. (2) End of acceptance period.--The Secretary shall stop accepting applications not earlier than April 30th of each calendar year for the medallions to be awarded in November of that calendar year. (3) Review period.--The Secretary shall finish reviewing applications not later than August 31st of each calendar year for the medallions to be awarded in November of that calendar year. (4) Recommendations to president.--The Secretary shall provide to the President a list of employers to receive HIRE Vets Medallions not later than September 30th of each calendar year for the medallions to be awarded in November of that calendar year. (5) Notice to recipients.--The President shall notify employers who will receive HIRE Vets Medallions not later than October 11th of each calendar year for the medallions to be awarded in November of that calendar year. SEC. 3. SELECTION OF RECIPIENTS. (a) Application Review Process.-- (1) In general.--The Secretary shall review all applications received in a calendar year to determine whether an employer should receive a HIRE Vets Medallion, and, if so, of what level. (2) Application contents.--The Secretary shall require that all applications provide information on the programs and other efforts of applicant employers during the calendar year prior to that in which the medallion is to be awarded, including the categories and activities governing the level of award for which the applicant is eligible under subsection (b). (3) Verification.--In reviewing applications, the Secretary shall verify all information provided in the applications, to the extent that such information is relevant in determining whether or not an applicant should receive a HIRE Vets Medallion or in determining the appropriate level of HIRE Vets Medallion for that employer to receive. (b) Awards.-- (1) Large employers.-- (A) In general.--The Secretary shall establish two levels of HIRE Vets Medallions to be awarded to employers employing 500 or more employees, to be designated the ``Gold HIRE Vets Medallion'' and the ``Platinum HIRE Vets Medallion''. (B) Gold hire vets medallion.--No employer shall be eligible to receive a Gold HIRE Vets Medallion in a given calendar year unless-- (i) veterans constitute not less than 7 percent of all employees hired by such employer during the prior calendar year; (ii) such employer has established an employee veteran organization or resource group to assist new veteran employees with integration, including coaching and mentoring; and (iii) such employer has established programs to enhance the leadership skills of veteran employees during their employment. (C) Platinum hire vets medallion.--No employer shall be eligible to receive a Platinum HIRE Vets Medallion in a given calendar year unless-- (i) veterans constitute not less than 10 percent of all employees hired by such employer during the prior calendar year; (ii) such employer retains through the end of the prior calendar year not less than 85 percent of veteran employees hired during the calendar year before the prior calendar year; (iii) such employer employs dedicated human resources professionals to support hiring and retention of veteran employees, including efforts focused on veteran hiring and training; (iv) such employer provides each of its employees serving on active duty in the United States National Guard or Reserve with compensation sufficient, in combination with the employee's active duty pay, to achieve a combined level of income commensurate with the employee's salary prior to undertaking active duty; and (v) such employer has established a tuition assistance program to support veteran employees' attendance in postsecondary education during the term of their employment. (D) Exemption for smaller employers.--An employer shall be deemed to meet the requirements of subparagraph (C)(iv) if such employer-- (i) employs 5,000 or fewer employees; and (ii) employs at least one human resources professional whose regular work duties include those described under subparagraph (C)(iii). (E) Additional criteria.--The Secretary may provide, by rule, additional criteria with which to determine qualifications for receipt of each level of HIRE Vets Medallion. (2) Small- and medium-sized employers.--The Secretary shall establish similar awards in order to recognize achievements in supporting veterans by-- (A) employers with 50 or fewer employees; and (B) employers with more than 50 but fewer than 500 employees. (c) Design by Secretary.--The Secretary shall establish the shape, form, and metallic content of each HIRE Vets Medallion. SEC. 4. DISPLAY OF AWARD. (a) In General.--The recipient of a HIRE Vets Medallion may-- (1) publicly display such medallion through the end of the calendar year following receipt of such medallion; and (2) publicly display the HIRE Vets Medallion Certificate issued in conjunction with such medallion. (b) Unlawful Display Prohibited.--It is unlawful for any employer to publicly display a HIRE Vets Medallion, in connection with, or as a part of, any advertisement, solicitation, business activity, or product-- (1) for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that the employer received the medallion through the HIRE Vets Medallion Program, if such employer did not receive such medallion through the HIRE Vets Medallion Program; or (2) for the purpose of conveying, or in a manner reasonably calculated to convey, a false impression that the employer received the medallion through the HIRE Vets Medallion Program during the preceding calendar year if it is after the end of the calendar year following the calendar year in which such medallion was issued to such employer through the HIRE Vets Medallion Program. SEC. 5. APPLICATION FEE AND FUNDING. (a) Fund Established.--There is established in the Treasury of the United States a fund to be designated the ``HIRE Vets Medallion Award Fund''. (b) Fee Authorized.--The Secretary may assess a reasonable fee on employers that apply for receipt of a HIRE Vets Medallion and the Secretary shall deposit such fees into the HIRE Vets Medallion Award Fund. The Secretary shall establish the amount of the fee such that the amounts collected as fees and deposited into the Fund are sufficient to cover the costs associated with carrying out this Act. (c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund shall be available, subject to appropriation, to the Secretary to carry out the HIRE Vets Medallion Program. SEC. 6. REPORT TO CONGRESS. (a) Reports.--Beginning not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress annual reports on-- (1) the fees collected from applicants for HIRE Vets Medallions in the prior year and any changes in fees to be proposed in the present year; (2) the cost of administering the HIRE Vets Medallion Program in the prior year; (3) the number of applications for HIRE Vets Medallions received in the prior year; and (4) the HIRE Vets Medallions awarded in the prior year, including the name of each employer to whom a HIRE Vets Medallion was awarded and the level of medallion awarded to each such employer. (b) Committees.--The Secretary shall provide the reports required under subsection (a) to the Chairman and Ranking Member of-- (1) the Committees on Education and the Workforce and Veterans' Affairs of the House of Representatives; and (2) the Committees on Health, Education, Labor, and Pensions and Veterans' Affairs of the Senate. SEC. 7. DEFINITIONS. In this Act: (a) Employer.--The term ``employer'' has the meaning given such term under section 4303 of title 38, United States Code, except that such term does not include-- (1) the Federal Government; (2) any State, as defined in such section; or (3) any foreign state. (b) Secretary.--The term ``Secretary'' means the Secretary of Labor. (c) Veteran.--The term ``veteran'' has the meaning given such term under section 101 of title 38, United States Code. Passed the House of Representatives November 29, 2016. Attest: KAREN L. HAAS, Clerk. | Honoring Investments in Recruiting and Employing American Military Veterans Act of 2016 or the HIRE Vets Act (Sec. 2) This bill directs the Department of Labor to establish a HIRE Vets Medallion Program to solicit voluntary information from employers for purposes of recognizing, by the award of a HIRE Vets Medallion, verified efforts by these employers to: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community. Labor shall annually: (1) solicit voluntary medallion applications from employers, and (2) review applications and present the President with a list of recipients. The President shall annually present the medallion and corresponding certificate to recipients at a time to coincide with the annual commemoration of Veterans Day. Labor shall begin soliciting applications by January 31, stop accepting applications not earlier than April 30, and finish application review by August 31. The President shall notify chosen applicants no later than October 11. Medallions shall be awarded in November. (Sec. 3) Labor shall establish two levels of medallions for large and small employers, to be designated the Gold HIRE Vets Medallion and the Platinum HIRE Vets Medallion. The bill prescribes awards criteria. (Sec. 4) A recipient: (1) may publicly display the medallion and certificate through the end of the calendar year, and (2) may not publicly display the award as part of any advertisement implying receipt of the award for any calendar year other than the one in which it was awarded. (Sec. 5) The bill establishes the HIRE Vets Medallion Award Fund. Labor may assess a reasonable medallion application fee and shall deposit such fees into the fund. (Sec. 6) Beginning two years after enactment of this bill, Labor shall submit annual reports on fees, program costs, the number of applications, and the medallions awarded, including the name and medallion level of each recipient. (Sec. 7) The bill excludes from the definition of "employer" the federal government, any state, or any foreign state. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission on the Removal of Mexican-Americans to Mexico Act''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds the following: (1) From 1929 through 1941, Federal, State, and local Government authorities and certain private sector entities throughout the United States undertook an aggressive program to forcibly remove individuals of Mexican ancestry from the United States. (2) As many as 1,200,000 individuals of Mexican ancestry who were United States citizens were forcibly removed to Mexico. (3) These men, women, and children were removed outside the United States in response to public pressure to curtail the employment of Mexican-Americans, most of whom were United States citizens or residing legally in the United States, during the Depression. (4) Massive raids were conducted on Mexican-American communities, and many of the people who were removed were never able to return to the United States, their country of birth. (5) These raids targeted individuals of Mexican ancestry, even when such individuals were United States citizens or permanent legal residents. (6) These raids also separated such United States citizens and permanent legal residents from their families and deprived them of their livelihoods and constitutional rights. (7) No official inquiry into this matter has been made. (b) Purpose.--It is the purpose of this Act to establish a fact finding commission to determine whether United States citizens and permanent legal residents were forcibly removed to Mexico from 1929 to 1941 in violation of law as a result of past directives of Federal, State and local governments and the impact of such removal on those individuals, their families, and the Mexican-American community in the United States, and to recommend appropriate remedies. SEC. 3. ESTABLISHMENT OF COMMISSION. There is established a commission to be known as the ``Commission on the Removal of Mexican-Americans to Mexico''. SEC. 4. DUTIES OF THE COMMISSION. The Commission shall-- (1) review the facts and circumstances surrounding the removal of certain United States citizens and permanent legal residents to Mexico from 1929 to 1941, and the impact of such actions on these individuals, their families, and the Mexican- American community in the United States; (2) review past directives of Federal, State, and local governments that required the removal of these individuals to Mexico and any other information related to these directives; and (3) submit to Congress a written report of its findings and recommendations. SEC. 5. MEMBERSHIP. (a) Number and Appointment.--The Commission shall be composed of seven members, who shall be appointed within 90 days after the date of the enactment of this Act as follows: (1) Three members appointed by the President. (2) Two members appointed by the Speaker of the House of Representatives, in consultation with the minority leader of the House of Representatives. (3) Two members appointed by the President pro tempore of the Senate, in consultation with the minority leader of the Senate. (b) Qualifications.--Members appointed under subsection (a) shall possess knowledge or expertise related to human rights, civil rights, immigration, labor, business, or other pertinent qualifications. (c) Term of Office.--Each member shall be appointed for the life of the Commission. (d) Quorum.--Four members of the Commission shall constitute a quorum, but a lesser number may hold hearings. (e) Initial Meeting.--The initial meeting of the Commission shall be called by the President within one hundred and twenty days after the date of the enactment of this Act, or within thirty days after the date on which legislation is enacted making appropriations to carry out this Act, whichever is later. (f) Chairperson and Vice Chairperson.--The Commission shall elect a chairperson and vice chairperson from among its members. The term of office of each shall be for the life of the Commission. (g) Vacancies.--A vacancy in the Commission shall not affect its powers and shall be filled in the same manner in which the original appointment was made. SEC. 6. POWERS. (a) Hearings.-- (1) In general.--The Commission or on the authorization of the Commission, any subcommittee or member thereof, 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 or any subcommittee or member considers appropriate. (2) Location.--The Commission may hold public hearings in any city of the United States that it finds appropriate. (b) 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 under investigation by the Commission which the Commission is empowered to investigate by this Act. (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 such 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 subpoena.--A subpoena 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. (c) Obtaining Official Data.--The Commission may secure directly from any department or agency of the United States, or from any State or local government, information necessary to enable it to carry out this Act. Upon request of any member, the head of such department or agency shall furnish such information to the Commission. (d) Contract Authority.--To the extent or in the amounts provided in advance in appropriation Acts, the Commission may contract with and compensate government and private agencies or persons for any services, supplies, or other activities necessary to enable the Commission to carry out its duties under this Act. SEC. 7. STAFF. (a) In General.--The Commission may appoint and fix the pay of such additional staff as it considers appropriate. (b) Applicability of Certain Civil Service Laws.--Any staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates. (c) Experts and Consultants.--The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (d) Administrative Support Services.--Upon request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its duties under this Act. SEC. 8. REPORT. The Commission shall submit to Congress a written report not later than the date which is one year after the date of the initial meeting called pursuant to section 5(d) of this Act. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its recommendations for legislative actions that the Commission considers appropriate. SEC. 9. TERMINATION. The Commission shall terminate 30 days after submitting the report under section 8. SEC. 10. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Commission on the Removal of Mexican-Americans to Mexico established under section 3. (2) Member.--The term ``member'' means a member of the Commission. (3) State.--The term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States. | Commission on the Removal of Mexican-Americans to Mexico This bill establishes the Commission on the Removal of Mexican-Americans to Mexico, which shall: (1) review the facts and circumstances surrounding the 1929-1941 removal of certain U.S. citizens and permanent legal residents to Mexico and the impact of such actions on such individuals, their families, and the Mexican-American community; (2) review federal, state, and local government directives that required such removal and any other related information; and (3) report its findings, conclusions, and any recommendations for legislative actions. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Corporation Income Tax Rate Reduction Act of 2001''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Section 15 Not To Apply.--No amendment made by this Act shall be treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue Code of 1986. SEC. 2. REDUCTION IN MARGINAL INCOME TAX RATES FOR INDIVIDUALS. (a) Rates for 2002.--Section 1 (relating to tax imposed) is amended by striking subsections (a) through (d) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $12,000............... 14% of taxable income. Over $12,000 but not over $45,200. $1,680, plus 15% of the excess over $12,000. Over $45,200 but not over $109,250. $6,660, plus 27% of the excess over $45,200. Over $109,250 but not over $166,450. $23,953.50, plus 30% of the excess over $109,250. Over $166,450 but not over $297,300. $41,113.50, plus 35% of the excess over $166,450. Over $297,300.................. $86,911, plus 38% of the excess over $297,300. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $10,000............... 14% of taxable income. Over $10,000 but not over $36,250. $1,400, plus 15% of the excess over $10,000. Over $36,250 but not over $93,600. $5,337.50, plus 27% of the excess over $36,250. Over $93,600 but not over $151,600. $20,822, plus 30% of the excess over $93,600. Over $151,600 but not over $297,300. $38,222, plus 35% of the excess over $151,600. Over $297,300.................. $89,217, plus 38% of the excess over $297,300. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a surviving spouse as defined in section 2(a) or the head of a household as defined in section 2(b)) who is not a married individual (as defined in section 7703) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $6,000................ 14% of taxable income. Over $6,000 but not over $27,050. $840, plus 15% of the excess over $6,000. Over $27,050 but not over $65,550. $3,997.50, plus 27% of the excess over $27,050. Over $65,550 but not over $136,750. $14,362.50, plus 30% of the excess over $65,550. Over $136,750 but not over $297,300. $35,752.50, plus 35% of the excess over $136,750. Over $297,300.................. $91,945, plus 38% of the excess over $297,300. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $6,000................ 14% of taxable income. Over $6,000 but not over $22,600. $840, plus 15% of the excess over $6,000. Over $22,600 but not over $54,625. $3,330, plus 27% of the excess over $22,600. Over $54,625 but not over $83,225. $11,976.75, plus 30% of the excess over $54,625. Over $83,225 but not over $148,650. $20,556.75, plus 35% of the excess over $83,225. Over $148,650.................. $43,455.50, plus 38% of the excess over $148,650.''. (b) Phasein of Rate Reductions.--Section 1 is amended by adding at the end the following new subsection: ``(i) Phasein of 2006 Rates of 10, 15, 25, and 33 Percent.-- ``(1) In general.--In the case of taxable years beginning in a calendar year after 2002, the tax rates determined under subsection (a), (b), (c), or (d) shall be the tax rates imposed by such subsection in taxable years beginning in calendar year 2002, reduced-- ``(A) in the case of the 14 percent rate, by 1 percentage point in each taxable year beginning in a calendar year after 2002 and before 2007, ``(B) in the case of the 27 and 35 percent rates, by 1 percentage point in taxable years beginning in calendar year 2004, and by an additional 1 percentage point in taxable years beginning in calendar year 2006, and ``(C) in the case of the 30 and 38 percent rate, by 1 percentage point in each taxable year beginning in a calendar year after 2002 and before 2006, and by an additional 2 percentage points in taxable years beginning in calendar year 2006. ``(2) Adjustment of tables.--The Secretary shall adjust the tables prescribed under subsection (f) to carry out the reductions under this subsection.''. (c) Inflation Adjustment To Apply in Determining Rates for 2002.-- Subsection (f) of section 1 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``2001'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``2000'', and (3) by striking paragraph (7) and inserting the following new paragraph: ``(7) Special rule for certain brackets.-- ``(A) Calendar years 2002 through 2006.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in calendar years after 2001 and before 2007, the Secretary shall make no adjustment to the dollar amounts at which the first rate bracket begins or at which the second rate bracket begins under any table contained in subsection (a), (b), (c), or (d). ``(B) Later calendar years.--In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 2006, the cost-of-living adjustment used in making adjustments to the dollar amounts referred to in subparagraph (A) shall be determined under paragraph (3) by substituting `2005' for `2000'.''. (d) Conforming Amendments.-- (1) The following provisions are each amended by striking ``1992'' and inserting ``2000'' each place it appears: (A) Section 32(j)(1)(B). (B) Section 41(e)(5)(C). (C) Section 42(h)(3)(H)(i)(II). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 132(f)(6)(A)(ii). (H) Section 135(b)(2)(B)(ii). (I) Section 146(d)(2)(B). (J) Section 151(d)(4). (K) Section 220(g)(2). (L) Section 221(g)(1)(B). (M) Section 512(d)(2)(B). (N) Section 513(h)(2)(C)(ii). (O) Section 685(c)(3)(B). (P) Section 877(a)(2). (Q) Section 911(b)(2)(D)(ii)(II). (R) Section 2032A(a)(3)(B). (S) Section 2503(b)(2)(B). (T) Section 2631(c)(2). (U) Section 4001(e)(1)(B). (V) Section 4261(e)(4)(A)(ii). (W) Section 6039F(d). (X) Section 6323(i)(4)(B). (Y) Section 6334(g)(1)(B). (Z) Section 6601(j)(3)(B). (AA) Section 7430(c)(1). (2) Sections 25A(h)(1)(A)(ii) and 25A(h)(2)(A)(ii) are each amended by striking ``begins,'' and all that follows through ``thereof''. (3) Subclause (II) of section 42(h)(6)(G)(i) is amended by striking ``1987'' and inserting ``2000''. (e) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) is amended by striking ``15 percent'' and inserting ``10 percent''. (2) Section 1(h) is amended-- (A) by striking ``28 percent'' both places it appears in paragraphs (1)(A)(ii)(I) and (1)(B)(i) and inserting ``15 percent'', and (B) by striking paragraph (13). (3) Section 531 is amended by striking ``39.6 percent'' and inserting ``33 percent''. (4) Section 541 of such Code is amended by striking ``39.6 percent'' and inserting ``33 percent''. (5) Section 3402(p)(1)(B) is amended by striking ``7, 15, 28, or 31 percent'' and inserting ``5, 10, 15, or 25 percent''. (6) Section 3402(p)(2) is amended by striking ``15 percent'' and inserting ``10 percent''. (7) Section 3402(q)(1) is amended by striking ``28 percent'' and inserting ``15 percent''. (8) Section 3402(r)(3) is amended by striking ``31 percent'' and inserting ``25 percent''. (9) Section 3406(a)(1) is amended by striking ``31 percent'' and inserting ``25 percent''. (10) The Secretary of the Treasury may prescribe percentages which shall apply in lieu of the percentages specified in the amendments made by this subsection in order to coordinate those percentages with the percentages specified in the tables prescribed under the last sentence of section 1(i)(1) of the Internal Revenue Code of 1986, as added by this section. (f) Effective Dates.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2001. (2) Amendments to withholding provisions.--The amendments made by paragraphs (5), (6), (7), (8), and (9) of subsection (e) shall apply to amounts paid after December 31, 2001. SEC. 3. REDUCTION IN INCOME TAX RATES FOR CORPORATIONS. (a) Regular Tax Rate Reduction.-- (1) In general.--Paragraph (1) of section 11(b) is amended by adding ``and'' at the end of subparagraph (B) and by striking subparagraphs (C) and (D) and inserting the following new subparagraph: ``(C) 33 percent (34 percent for taxable years beginning during 2002 or 2003) of so much of the taxable income as exceeds $75,000.'' (2) Conforming amendments.-- (A) Paragraph (1) of section 11(b) is amended-- (i) by striking the last sentence, and (ii) by striking ``$11,750'' and inserting ``$11,000 ($11,750 for taxable years beginning during 2002 or 2003)''. (B) Paragraph (2) of section 11(b) is amended by striking ``35 percent'' and inserting ``33 percent (34 percent for taxable years beginning during 2002 or 2003)''. (C) Subsection (a) of section 1201 is amended-- (i) by striking ``35 percent'' each place it appears and inserting ``33 percent (34 percent for taxable years beginning during 2002 or 2003)'', and (ii) by striking ``the last 2 sentences'' and inserting ``the last sentence''. (b) Minimum Tax Rate Reduction.--Subparagraph (B) of section 55(b)(1) is amended by striking ``20 percent'' and inserting ``19 percent''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Corporation Income Tax Rate Reduction Act of 2001 - Amends the Internal Revenue Code to provide for reductions in both individual and corporate income tax rates. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Strengthening Oversight of TSA Employee Misconduct Act''. SEC. 2. TSA MISCONDUCT INSPECTION PLAN. (a) In General.--Section 44935 of title 49, United States Code, is amended-- (1) by redesignating the second subsection (i) (relating to accessibility of computer-based training facilities) as subsection (k); and (2) by adding at the end the following new subsection: ``(l) TSA Misconduct Inspections.-- ``(1) In general.--Not later than 60 days after the date of the enactment of this subsection, the Administrator of the Transportation Security Administration (TSA) shall-- ``(A) designate a senior official to implement a plan to oversee unannounced inspections at airports of agency actions taken to address TSA employee misconduct, including actions taken by managers at airports to address any such misconduct through corrective actions, up to and including removal from Federal service, in accordance with Department of Homeland Security and TSA policies; ``(B) on a biannual basis thereafter until September 30, 2023, the official specified in subparagraph (A) shall certify to the Administrator that the unannounced inspections referred to in such paragraph were completed across a sufficient number of airports such that all airports are-- ``(i) inspected before such date; and ``(ii) provided adequate information regarding agency actions taken to address TSA employee misconduct; ``(C) designate a senior official other than the senior official designated pursuant to subparagraph (A) to review the results of such unannounced inspections to identify causes of any variances and overall trends in the way actions are taken in response to TSA employee misconduct and develop corrective actions and recommendations, up to and including removal from Federal service, as appropriate; and ``(D) direct the official described in subparagraph (C) to implement the corrective actions and recommendations specified in such subparagraph. ``(2) Consolidation and coordination.--Unannounced inspections under paragraph (1) of certain locations may be consolidated and coordinated with other relevant TSA offices, as determined appropriate by the Administrator of the TSA. ``(3) Extension.--The Administrator of the TSA may extend the final date specified in paragraph (1)(B) for completing the unannounced inspections under paragraph (1) for not more than one additional fiscal year if exigent circumstances warrant. If the Administrator determines that such an extension is necessary, the Administrator shall provide to the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives and the Committee on Homeland Security and Governmental Affairs,. the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate written justification regarding such circumstances prior to granting such extension. ``(4) Department of homeland security review.-- ``(A) In general.--On a biannual basis, the official specified in paragraph (1)(C) shall provide to the Chief Human Capital Officer of the Department of Homeland Security the results of unannounced inspections conducted pursuant to such paragraph. ``(B) Identification.--The Chief Human Capital Officer of the Department of Homeland Security may review the results of the unannounced inspections conducted pursuant to paragraph (1)(A) to, as appropriate, identify trends and make recommendations, to the Administrator of the TSA to address employee misconduct. ``(C) Implementation.--The Administrator of the TSA shall coordinate with the Chief Human Capital Officer of the Department of Homeland Security to implement any recommendations made pursuant to subparagraph (B) within the timeframes established by the Chief Human Capital Officer. ``(5) Information to congress.--The Administrator of the TSA shall make the results of the unannounced inspections, including any recommended corrective actions for addressing variances, identified under this subsection readily available to-- ``(A) the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives; ``(B) the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and ``(C) as appropriate, personnel of the Department of Homeland Security, as determined by the Administrator. ``(6) Definitions.--In this subsection: ``(A) Actions.--The term `actions' means consequences for employee misconduct, up to and including removal from Federal Service, established by TSA policy. ``(B) Unannounced inspections.--The term `unannounced inspections' means a review of information without providing advanced notice to the party under review.''. (b) No Additional Funds Authorized.--No additional funds are authorized to carry out the requirements of this Act and the amendments made by this Act. Such requirements shall be carried out using amounts otherwise authorized. | Strengthening Oversight of TSA Employee Misconduct Act (Sec. 2) This bill directs the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) to designate a senior official: implement a plan to oversee unannounced inspections at airports of agency actions taken to address TSA employee misconduct, including corrective actions by airport managers and employee removal from federal service; certify to the TSA, on a biannual basis until September 30, 2023, that such unannounced inspections were completed across a sufficient number of airports; review the results of such inspections to identify causes of any variances and overall trends in actions taken in response to employee misconduct and to develop corrective actions and recommendations; implement the corrective actions and any recommendations; and provide the results of such inspections to DHS. Unannounced inspections of certain locations may be consolidated and coordinated with other TSA offices. TSA may extend the time for completing such inspections for up to an additional fiscal year if exigent circumstances warrant. DHS may review such results to identify trends and make recommendations to the TSA to address employee misconduct. The TSA shall implement such recommendations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Do Not Track Me Online Act''. SEC. 2. DEFINITIONS. In this Act: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered entity.--The term ``covered entity'' means a person engaged in interstate commerce that collects or stores online data containing covered information. Such term does not include-- (A) the Federal Government or any instrumentality of the Federal Government, nor the government of any State or political subdivision of a State; or (B) any person that can demonstrate that such person-- (i) stores covered information from or about fewer than 15,000 individuals; (ii) collects covered information from or about fewer than 10,000 individuals during any 12-month period; (iii) does not collect or store sensitive information; and (iv) does not use covered information to study, monitor, or analyze the behavior of individuals as the person's primary business. (3) Covered information.-- (A) In general.--The term ``covered information'' means, with respect to an individual, any of the following that is transmitted online: (i) The online activity of the individual, including-- (I) the web sites and content from such web sites accessed; (II) the date and hour of online access; (III) the computer and geolocation from which online information was accessed; and (IV) the means by which online information was accessed, such as a device, browser, or application. (ii) Any unique or substantially unique identifier, such as a customer number or Internet protocol address. (iii) Personal information such as-- (I) the name; (II) a postal address or other location; (III) an email address or other user name; (IV) a telephone or fax number; (V) a government-issued identification number, such as a tax identification number, a passport number, or a driver's license number; or (VI) a financial account number, or credit card or debit card number, or any required security code, access code, or password that is necessary to permit access to an individual's financial account. (B) Exclusion.--Such term shall not include-- (i) the title, business address, business email address, business telephone number, or business fax number associated with an individual's status as an employee of an organization, or an individual's name when collected, stored, used, or disclosed in connection with such employment status; or (ii) any information collected from or about an employee by an employer, prospective employer, or former employer that directly relates to the employee-employer relationship. (4) Sensitive information.-- (A) Definition.--The term ``sensitive information'' means-- (i) any information that is associated with covered information of an individual and relates directly to that individual's-- (I) medical history, physical or mental health, or the provision of health care to the individual; (II) race or ethnicity; (III) religious beliefs and affiliation; (IV) sexual orientation or sexual behavior; (V) income, assets, liabilities, or financial records, and other financial information associated with a financial account, including balances and other financial information, except when financial account information is provided by the individual and is used only to process an authorized credit or debit to the account; or (VI) precise geolocation information and any information about the individual's activities and relationships associated with such geolocation; or (ii) an individual's-- (I) unique biometric data, including a fingerprint or retina scan; or (II) Social Security number. (B) Modified definition by rulemaking.--The Commission may, by regulations promulgated under section 553 of title 5, United States Code, modify the scope or application of the definition of ``sensitive information'' for purposes of this Act. In promulgating such regulations, the Commission shall consider-- (i) the purposes of the collection of the information and the context of the use of the information; (ii) how easily the information can be used to identify a specific individual; (iii) the nature and extent of authorized access to the information; (iv) an individual's reasonable expectations under the circumstances; and (v) adverse effects that may be experienced by an individual if the information is disclosed to an unauthorized person. SEC. 3. REGULATIONS REQUIRING ``DO-NOT-TRACK'' MECHANISM. (a) FTC Rulemaking.--Not later than 18 months after the date of enactment of this Act, the Commission shall promulgate regulations under section 553 of title 5, United States Code, that establish standards for the required use of an online opt-out mechanism to allow a consumer to effectively and easily prohibit the collection or use of any covered information and to require a covered entity to respect the choice of such consumer to opt-out of such collection or use. Regulations prescribed pursuant to this subsection shall be treated as regulations defining unfair and deceptive acts or practices affecting commerce prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b) Requirements To Be Included in Regulations.--The regulations prescribed under subsection (a)-- (1) shall include a requirement for a covered entity to disclose, in a manner that is easily accessible to a consumer, information on the collection of information practices of such entity, how such entity uses or discloses such information, and the names of the persons to whom such entity would disclose such information; and (2) shall prohibit the collection or use of covered information by a covered entity for which a consumer has opted- out of such collection or use, unless the consumer changes their opt-out preference to allow the collection or use of such information. (c) Additional Regulatory Authority.--The regulations prescribed under subsection (a)-- (1) may include a requirement that a covered entity provide a consumer with a means to access the covered information of such consumer and the data retention and security policies of the covered entity in a format that is clear and easy to understand; and (2) may include a requirement that some or all of the regulations apply with regard to the collection and use of covered information, regardless of the source. (d) Exemptive Authority.--The Commission may exempt from some or all of the regulations required by this section certain commonly accepted commercial practices, including the following: (1) Providing, operating, or improving a product or service used, requested, or authorized by an individual, including the ongoing provision of customer service and support. (2) Analyzing data related to use of the product or service for purposes of improving the products, services, or operations. (3) Basic business functions such as accounting, inventory and supply chain management, quality assurance, and internal auditing. (4) Protecting or defending rights or property, including intellectual property, against actual or potential security threats, fraud, theft, unauthorized transactions, or other illegal activities. (5) Preventing imminent danger to the personal safety of an individual or group of individuals. (6) Complying with a Federal, State, or local law, rule, or other applicable legal requirement, including disclosures pursuant to a court order, subpoena, summons, or other properly executed compulsory process. (7) Any other category of operational use specified by the Commission by regulation that is consistent with the purposes of this Act. SEC. 4. ADDITIONAL FTC AUTHORITY. In implementing and enforcing the regulations prescribed under section 3, the Commission shall-- (1) have the authority to prescribe such regulations as may be necessary to carry out the purposes of this Act in accordance with section 553 of title 5, United States Code; (2) monitor for risks to consumers in the provision of products and services, including the development of new hardware or software designed to limit, restrict, or circumvent the ability of a consumer to control the collection and use of the covered information of such consumer, as set forth in the regulations prescribed under section 3; (3) perform random audits of covered entities, including Internet browsing for investigative purposes, to ensure compliance with the regulations issued under section 3; (4) assess consumers' understanding of the risks posed by the tracking of a consumer's Internet activity and the collection and use of covered information relating to a consumer; and (5) make available to the public at least 1 report of significant findings of the monitoring required by this section in each calendar year after the date on which final regulations are issued pursuant to section 3(a). SEC. 5. ENFORCEMENT BY STATE ATTORNEYS GENERAL. (a) Civil Action.--In any case in which the Attorney General of a State, or an official or agency of a State, has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by any person who violates the regulations prescribed under section 3, the attorney general, official, or agency of the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate district court of the United States-- (1) to enjoin further violation of the regulations prescribed under section 3 by the defendant; (2) to compel compliance with the regulations prescribed under section 3; or (3) to obtain civil penalties for violations of the regulations prescribed under section 3 in the amount determined under subsection (b). (b) Civil Penalties.-- (1) Calculation.--For purposes of calculating the civil penalties that may be obtained under subsection (a)(3), the amount determined under this paragraph is the amount calculated by multiplying the number of days that a covered entity is not in compliance with the regulations prescribed under section 3 by an amount not to exceed $11,000. (2) Adjustment for inflation.--Beginning on the date that the Consumer Price Index for All Urban Consumers is first published by the Bureau of Labor Statistics that is after 1 year after the date of enactment of this Act, and each year thereafter, the amount specified in paragraph (1) shall be increased by the percentage increase in the Consumer Price Index published on that date from the Consumer Price Index published the previous year. (3) Maximum total liability.--Notwithstanding the number of actions which may be brought against a person under this section the maximum civil penalty for which any person may be liable under this section shall not exceed $5,000,000 for any related series of violations of the regulations prescribed under section 3. (c) Intervention by the FTC.-- (1) Notice and intervention.--The State shall provide prior written notice of any action under subsection (a) to the Commission and provide the Commission with a copy of its complaint, except in any case in which such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action. The Commission shall have the right-- (A) to intervene in the action; (B) upon so intervening, to be heard on all matters arising therein; and (C) to file petitions of appeal. (2) Limitation on state action while federal action is pending.--If the Commission has instituted a civil action for violation of the regulations prescribed under section 3, no attorney general of a State, or official, or agency of a State, may bring an action under this section during the pendency of that action against any defendant named in the complaint of the Commission for any violation of the regulations issued under this Act alleged in the complaint. SEC. 6. EFFECT ON OTHER LAWS. (a) Other Authority of Federal Trade Commission.--Nothing in this Act shall be construed to limit or affect in any way the Commission's authority to bring enforcement actions or take any other measure under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or any other provision of law. (b) State Law.--The regulations prescribed under section 3 shall not annul, alter, affect, or exempt any person subject to the provisions of such regulations from complying with the law of any State except to the extent that such law is inconsistent with any provision of such regulations, and then only to the extent of the inconsistency. For purposes of this subsection, a State statute, regulation, order, or interpretation is not inconsistent with the provisions of the regulations prescribed under section 3 if the protection such statute, regulation, order, or interpretation affords any person is greater than the protection provided under the regulations prescribed under section 3. | Do Not Track Me Online Act - Requires the Federal Trade Commission (FTC) to promulgate regulations to establish standards for the required use of an online opt-out mechanism to allow a consumer to prohibit the collection or use of any covered information and to require a covered entity to respect the choice of such consumer to opt-out of such collection or use. Authorizes the FTC to exempt from such regulations certain commonly accepted commercial practices, including: (1) providing, operating, or improving a product or service used, requested, or authorized by an individual; (2) protecting or defending rights or property against security threats, fraud, theft, unauthorized transactions, or other illegal activities; and (3) preventing imminent danger to the personal safety of individuals. Treats such regulations as regulations defining unfair and deceptive acts or practices affecting commerce prescribed under the Federal Trade Commission Act. Defines "covered entity" as a person engaged in interstate commerce that collects or stores data containing covered information, excluding a government or any person that: (1) stores covered information from or about fewer than 15,000 individuals, (2) collects covered information from or about fewer than 10,000 individuals during any 12-month period, (3) does not collect or store sensitive information, and (4) does not use covered information to monitor or analyze the behavior of individuals as the person's primary business. Defines "covered information" as any of the following that is transmitted online: (1) the online activity of the individual; (2) any unique or substantially unique identifier, such as a customer number or Internet protocol address; and (3) personal information. Excludes from such term: (1) specified information associated with an individual's status as an employee of an organization, or an individual's name when collected, stored, used, or disclosed in connection with such employment status; or (2) any information collected from or about an employee by an employer that directly relates to the employee-employer relationship. Defines "sensitive information" as: (1) any information that is associated with covered information of an individual and relates directly to that individual's medical history, race, religious beliefs and affiliation, sexual orientation or sexual behavior, financial information (except when financial account information is provided by the individual and is used only to process an authorized credit or debit to the account), or geological information; or (2) an individual's unique biometric data or Social Security number. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Koby Mandell Act of 2003''. SEC. 2. FINDINGS. Congress finds the following: (1) Numerous American citizens have been murdered or maimed by terrorists around the world, including more than 100 murdered since 1968 in terrorist attacks occurring in Israel or in territories administered by Israel or in territories administered by the Palestinian Authority. (2) Some American citizens who have been victims of terrorism overseas, especially those harmed by terrorists operating from areas administered by the Palestinian Authority, have not received from the United States Government services equal to those received by other such victims of overseas terrorism. (3) The United States Government has not devoted adequate efforts or resources to the apprehension of terrorists who have harmed American citizens overseas, particularly in cases involving terrorists operating from areas administered by the Palestinian Authority. Monetary rewards for information leading to the capture of terrorists overseas, which the Government advertises in regions where the terrorists are believed to be hiding, have not been advertised in areas administered by the Palestinian Authority. (4) This situation is especially grave in the areas administered by the Palestinian Authority, because many terrorists involved in the murders of Americans are walking free there; some of these terrorists have been given positions in the Palestinian Authority security forces or other official Palestinian Authority agencies; and a number of schools, streets, and other public sites have been named in honor of terrorists who were involved in the murders of Americans. (5) To remedy these and related problems, an office should be established within the Department of Justice for the purpose of ensuring equally vigorous efforts to capture all terrorists who have harmed American citizens overseas and equal treatment for all American victims of overseas terrorism. SEC. 3. ESTABLISHMENT OF AN OFFICE OF JUSTICE FOR VICTIMS OF OVERSEAS TERRORISM IN THE DEPARTMENT OF JUSTICE. (a) In General.--There is established within the Department of Justice an Office of Justice for Victims of Overseas Terrorism (in this Act referred to as the ``Office'') to carry out the following activities: (1) Rewards for justice.-- (A) In general.--The Office shall assume responsibility for administration of the Rewards for Justice program and its website. (B) Administration.--In administering the Rewards for Justice program the Office shall ensure that-- (i) rewards are offered to capture all terrorists involved in harming American citizens overseas, regardless of the terrorists' country of origin or residence; (ii) such rewards are prominently advertised in the mass media and public sites in all countries or regions where such terrorists reside; (iii) the names and photographs and suspects in all such cases are included on the website; and (iv) the names of the specific organizations claiming responsibility for terrorist attacks mentioned on the site are included in the descriptions of those attacks. (2) Notification program.--The Office shall establish and administer a program-- (A) comparable to the VINE system for notification of crime victims; and (B) that will provide notification for American victims of overseas terrorism or their immediate family to update them on the status of efforts to capture the terrorists who harmed them. (3) Government representation.--The Office shall send an official United States Government representative to attend the funeral of every American victim of terrorism overseas. (4) Report.--The Office shall assume responsibility for providing twice-annual reports to Congress as required by section 805 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001. (5) Profiting from crimes.--The Office shall work with other United States Government agencies to expand legal restrictions on the ability of murderers to reap profits from books or movies concerning their crimes so as to ensure that terrorists who harm American citizens overseas are unable to profit from book or movie sales in the United States. (6) Terrorists as police.--The Office shall-- (A) determine if terrorists who have harmed American citizens overseas are serving in their local police or security forces; and (B) if it is found that terrorists who have harmed American citizens overseas are serving in their local police or security forces-- (i) alert those United States Government agencies involved in providing assistance, directly or indirectly, to those forces; and (ii) request of those agencies that all such assistance be halted until the aforementioned terrorists are removed from their positions. (7) Patterns of prosecution.--The Office shall-- (A) undertake a comprehensive assessment of the pattern of United States indictments and prosecution of terrorists who have harmed American citizens overseas, in order to determine the reasons for the absence of indictments of terrorists residing in some regions, such as the territories controlled by the Palestinian Authority; and (B) provide the assessment to the Attorney General and to Congress, together with its recommendations. (8) Monitoring.--The Office shall-- (A) monitor public actions by governments and regimes overseas pertaining to terrorists who have harmed American citizens, such as the naming of schools, streets, or other public institutions or sites after such terrorists; and (B) in such instances, encourage other United States Government agencies to halt their provision of assistance, directly or indirectly, to those institutions. (9) Compensation.--The Office shall initiate negotiations to secure appropriate financial compensation for American citizens, or the families of such citizens, who were harmed by organizations that claim responsibility for acts of terrorism against Americans overseas and that subsequently become part of a governing regime with which the United States Government maintains diplomatic or other official contacts, such as the Palestinian Authority. (10) Incarcerated terrorists.--The Office shall-- (A) monitor the incarceration abroad of terrorists who harmed Americans overseas, to ensure that their conditions of incarceration are reasonably similar to conditions of incarceration in the United States; and (B) in cases where terrorists who have harmed Americans overseas, and are subsequently released from incarceration abroad, are eligible for further prosecution in the United States, coordinate with other Government agencies to seek the transfer of those terrorists to the United States for further prosecution. (11) Persona non grata.--The Office shall strive to ensure that all terrorists who have harmed Americans overseas are treated by the United States Government as persona non grata, including steps such as-- (A) denying those individuals visas for entry to the United States; (B) urging United States Government agencies to refrain from political and diplomatic contacts with those individuals; and (C) instructing United States embassies and consulates to urge American visitors to those countries to refrain from patronizing businesses that are owned or operated by such individuals. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated for fiscal year 2003 and each subsequent fiscal year such sums as may be necessary to carry out this Act. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under subsection (a) are authorized to remain available until expended. | Koby Mandell Act of 2003 - Establishes within the Department of Justice an Office of Justice for Victims of Overseas Terrorism.Requires the Office to: (1) assume responsibility for administration of the Rewards for Justice program and its website; (2) ensure that rewards are offered to capture all terrorists involved in harming American citizens overseas; (3) establish and administer a program comparable to the VINE system for notification of crime victims to notify or update American victims of overseas terrorism or their families on the status of efforts to capture the terrorists; (4) send an official U.S. Government representative to attend the funeral of every American victim of terrorism overseas; (5) work to expand restrictions on the ability of murderers to reap profits from books or movies concerning their crimes; (6) determine if terrorists who have harmed Americans overseas are serving in their local police or security forces and alert U.S. agencies that provide assistance to those forces; (7) undertake a comprehensive assessment to determine the reasons for the absence of indictments of terrorists residing in some regions; (8) monitor public actions pertaining to terrorists by governments and regimes overseas, such as naming streets or public institutions after terrorists; (9) initiate negotiations to secure financial compensation for American citizens who were harmed by an organization that claims responsibility for terrorist acts against Americans overseas and that subsequently become part of a governing regime with which the U.S. Government maintains diplomatic or official contacts; (10) monitor the incarceration abroad of terrorists who harmed Americans overseas; and (11) ensure that all terrorists who have harmed Americans overseas are treated by the Government as persona non grata. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safely Advancing Valuable and Inexpensive New Generic Solutions Act'' or the ``SAVINGS Act''. SEC. 2. FAST TRACK REVIEW FOR CERTAIN GENERIC DRUGS. Section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)) is amended by adding at the end the following: ``(11)(A) Notwithstanding any other provision of law, the Secretary shall prioritize the review of a qualifying application under this subsection and shall, within 150 days of the initial receipt of such qualifying application, take final agency action on the application. ``(B) For purposes of this paragraph, the term `qualifying application' means an application-- ``(i) that does not contain a certification under subclause (IV) of paragraph (2)(A)(vii); ``(ii) that may contain a certification under subclause (III) of paragraph (2)(A)(vii) only if such certification asserts that an existing patent will expire not more than 5 months after the date of such certification; ``(iii) for a drug where the reference drug is a drug for which there is no exclusivity period in effect, including an exclusivity period under paragraph (5)(F), or under section 505A, section 527, or section 505E; and ``(iv) for a drug where the reference drug has not been the reference drug for more than one other drug that-- ``(I) is approved under this subsection; and ``(II) has been introduced into interstate commerce in the 3-month period preceding the date of the qualifying application. ``(C) Notwithstanding any other provision of this paragraph and regardless of the date of submission, a qualifying application shall lose status as an application for priority review, and the Secretary's timeline for taking action on such an application described in subparagraph (A) shall no longer apply, if the application no longer meets the definition of a qualifying application.''. SEC. 3. TRANSPARENCY. (a) In General.--Not later than 6 months after enactment and every 6 months thereafter, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives containing the information described in subsection (c). (b) Definition.--In this section the term ``generic fast track review'' means review under paragraph (11) of section 505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)), as added by section 2 of this Act. (c) Contents of Report.--The report described in subsection (a) shall include the following information: (1) The number of applications in the most recent 6-month period that are subject to generic fast track review, and which of those applications-- (A) are for a drug where the reference drug has not been the reference drug for any other application that is approved under subsection (j) of section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355); (B) are for a drug where the reference drug has been the reference drug for not more than one other application that is approved under subsection (j) of such section; and (C) are for a drug that is on the drug shortage list established under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e). (2) The average and median time before an applicant receives an approval decision for an application subject to generic fast track review. (3) The number of applications subject to generic fast track review that were approved. (4) At the time such report is submitted, the number of applications subject to fast track review-- (A) that have been withdrawn by the applicant; (B) that have been granted tentative approval; (C) with respect to which the Food and Drug Administration has requested additional information from the sponsor of the application; (D) that are awaiting review by the Food and Drug Administration after additional information has been supplied, as described in subparagraph (C); and (E) with respect to which the Food and Drug Administration has recorded reception of the application but has yet to contact the sponsor regarding the status of the application. (5) A prediction of how long the Food and Drug Administration will take to respond to such applications that are awaiting review with either an approval or a rejection, and how many of such applications are expected to be withdrawn by the applicant. (6) The average review time for such applications that are receiving generic fast track review versus the standard review period. (7) The information described in paragraphs (1) through (6) with respect to applications for drugs under section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that are subject to another form of priority review or fast-track review. (8) An annual accounting of how the Food and Drug Administration has spent the fees it has received under part 7 of subchapter C of chapter VII of such Act (21 U.S.C. 379f et seq.) to include the proportion of such fees that such Administration has spent on personnel costs. | Safely Advancing Valuable and Inexpensive New Generic Solutions Act or the SAVINGS Act This bill amends the Federal Food, Drug, and Cosmetic Act to require the Food and Drug Administration (FDA) to prioritize the review of certain generic drug applications and act on them within 150 days. This generic fast track review applies to applications for drugs: (1) that are not under patent or for which patents will expire soon, (2) for which there is no marketing exclusivity in effect, and (3) for which a generic has not recently been introduced to the market by more than one manufacturer. The FDA must report on applications subject to generic fast track review and provide an annual accounting of how it has spent generic drug user fees. |
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