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SECTION 1. SHORT TITLE. This Act may be cited as the ``Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of 2002''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) on December 18, 1987, the Assiniboine and Sioux Tribes of the Fort Peck Reservation and 5 individual Fort Peck tribal members filed a complaint before the United States Claims Court (currently the Court of Federal Claims) in Assiniboine and Sioux Tribes of the Fort Peck Reservation, et al. v. The United States of America, Docket No. 773-87-L to recover interest earned on trust funds while those funds were held in special deposit and IMPL-agency accounts; (2) in the case referred to in paragraph (1), the Court held that the United States was liable for any income derived from investment of the trust funds of the Tribe and individual members of the Tribe for the period during which those funds were held in special deposit and IMPL-agency accounts; (3) the plaintiffs in the case referred to in paragraph (1) entered into a settlement with the United States for claims made under Docket No. 773-87-L on December 31, 1998, for payment by the United States of-- (A) $1,339,415.33, representing interest earned on funds while held in Special Deposit accounts at the Fort Peck Agency during the period August 13, 1946, through September 30, 1981; (B) $2,749,354.41, representing-- (i) interest on the principal indebtedness for the period from August 13, 1946, through July 31, 1998; plus (ii) $364.27 in per diem interest on the principal indebtedness for each day during the period commencing August 1, 1998, and ending on the date on which the judgment is paid; and (C) $350,000, representing the litigation costs and attorney's fees that the Tribe incurred to prosecute those claims; (4) the terms of the settlement were approved by the Court on January 8, 1999, and judgment was entered on January 12, 1999; (5) on March 18, 1999, $4,522,551.84 was transferred to the Department of the Interior; (6) that judgment amount was deposited in an escrow account established to provide-- (A) $350,000 for the payment of attorney's fees and expenses; and (B) $4,172,551.84 for pending Court-ordered distribution to the Tribe and individual Indian trust beneficiaries; (7) on January 31, 2001, the Court approved a joint stipulation that established procedures for-- (A) identification of the class of individual Indians having an interest in the judgment; (B) notice to and certification of that class; and (C) the distribution of the judgment amount to the Tribe and affected class of individual Indians; (8)(A) on or about February 14, 2001, in accordance with the Court-approved stipulation, $643,186.73 was transferred to an account established by the Secretary for the benefit of the Tribe; and (B) that transferred amount represents-- (i) 54.2 percent of the Tribe's estimated 26-percent share of the amount referred to in paragraph (6)(B); plus (ii) 50 percent of the Tribe's estimated 26-percent share of interest and capital gains earned on the judgment amount from the period beginning March 18, 1999, and ending on December 31, 2000; (9) under the Court-approved stipulation-- (A) that transferred amount is to remain available for use by the Tribe in accordance with a plan adopted under the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); (B) the Tribe will most likely receive additional payments from the distribution amount once the identification of all individuals eligible to share in the distribution amount is completed and the pro rata shares are calculated; and (C) those additional payments would include-- (i) the balance of the share of the Tribe of the distribution amount and investment income earned on the distribution amount; (ii) the portion of the distribution amount that represents income derived on funds in special deposit accounts that are not attributable to the Tribe or any individual Indian; and (iii) the portion of the distribution amount that represents shares attributable to individual Indians that-- (I) cannot be located for purposes of accepting payment; and (II) will not be bound by the judgment in the case referred to in paragraph (1); and (10) pursuant to the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.), the Secretary is required to submit to Congress for approval an Indian judgment fund use or distribution plan. SEC. 3. DEFINITIONS. In this Act: (1) Court.--The term ``Court'' means the United States Court of Federal Claims. (2) Distribution amount.--The term ``distribution amount'' means the amount referred to in section 2(6)(B). (3) Judgment amount.--The term ``judgment amount'' means the amount referred to in section 2(a)(5). (4) Principal indebtedness.--The term ``principal indebtedness'' means the sum referred to in section 2(a)(3)(A). (5) Tribe.--The term ``Tribe'' means the Assiniboine and Sioux Tribes of the Fort Peck Reservation. SEC. 4. DISTRIBUTION OF JUDGMENT FUNDS. (a) In General.--Notwithstanding any provision of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.) to the contrary, the share of the Tribe of the distribution amount, and such additional amounts as may be awarded to the Tribe by the Court with respect to the case referred to in section 2(a)(1) (including any interest accrued on those amounts)-- (1) shall be made available for tribal health, education, housing and social services programs of the Tribe, including-- (A) educational and youth programs; (B) programs for improvement of facilities and housing; (C) programs to provide equipment for public utilities; (D) programs to provide medical assistance or dental, optical, or convalescent equipment; and (E) programs to provide senior citizen and community services; and (2) shall not be available for per capita distribution to any member of the Tribe. (b) Budget Specification.--The specific programs for which funds are made available under subsection (a)(1), and the amount of funds allocated to each of those programs, shall be specified in an annual budget developed by the Tribe and approved by the Secretary. SEC. 5. APPLICABLE LAW. Except as provided in section 4(a), all funds distributed under this Act are subject to sections 7 and 8 of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1407, 1408). | Assiniboine and Sioux Tribes of the Fort Peck Reservation Judgment Fund Distribution Act of 2002.Requires that amounts distributed to the Assiniboine and Sioux Tribes of the Fort Peck Reservation under Indian Tribal Judgement Funds Use or Distribution Act (and including funds from the Fort Peck Reservation, et al. v. The United States of America, Docket No. 773-87) be made available for tribal health, education, housing and social services programs including programs: (1) education and youth; (2) improvement of facilities and housing; (3) equipment for public utilities; (4) medical assistance or dental, optical or convalescent equipment; and (5) senior citizen and community services.Prohibits the per capita distribution of such share to any member of the tribe. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Guard and Reserve Financial Stability Act of 2005''. SEC. 2. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND READY RESERVE- NATIONAL GUARD REPLACEMENT EMPLOYEE CREDIT. (a) Ready Reserve-National Guard Credit.-- (1) In general.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by inserting after section 45I the following new section: ``SEC. 45J. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT. ``(a) General Rule.--For purposes of section 38, in the case of an eligible taxpayer, the Ready Reserve-National Guard employee credit determined under this section for any taxable year with respect to each Ready Reserve-National Guard employee of such taxpayer is an amount equal to 50 percent of the lesser of-- ``(1) the actual compensation amount with respect to such employee for such taxable year, or ``(2) $30,000. ``(b) Definition of Actual Compensation Amount.--For purposes of this section, the term `actual compensation amount' means the amount of compensation paid or incurred by an eligible taxpayer with respect to a Ready Reserve-National Guard employee on any day when the employee was absent from employment for the purpose of performing qualified active duty. ``(c) Limitations.--No credit shall be allowed with respect to any day that a Ready Reserve-National Guard employee who performs qualified active duty was not scheduled to work (for reason other than to participate in qualified active duty). ``(d) Definitions and Special Rules.--For purposes of this section-- ``(1) Eligible taxpayer.-- ``(A) In general.--The term `eligible taxpayer' means a small business employer. ``(B) Small business employer.-- ``(i) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(ii) Controlled groups.--For purposes of clause (i), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Qualified active duty.--The term `qualified active duty' means-- ``(A) active duty under an order or call for a period in excess of 179 days or for an indefinite period, other than the training duty specified in section 10147 of title 10, United States Code (relating to training requirements for the Ready Reserve), or section 502(a) of title 32, United States Code (relating to required drills and field exercises for the National Guard), in connection with which an employee is entitled to reemployment rights and other benefits or to a leave of absence from employment under chapter 43 of title 38, United States Code, and ``(B) hospitalization incident to such duty. ``(3) Compensation.--The term `compensation' means any remuneration for employment, whether in cash or in kind, which is paid or incurred by a taxpayer and which is deductible from the taxpayer's gross income under section 162(a)(1). ``(4) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' means an employee who is a member of the Ready Reserve of a reserve component of an Armed Force of the United States as described in sections 10142 and 10101 of title 10, United States Code. ``(5) Certain rules to apply.--Rules similar to the rules of section 52 shall apply. ``(e) Termination.--This section shall not apply to any amount paid or incurred after December 31, 2006.''. (2) Credit to be part of general business credit.-- Subsection (b) of section 38 of the Internal Revenue Code of 1986 (relating to general business credit) is amended by striking ``plus'' at the end of paragraph (18), by striking the period at the end of paragraph (19) and inserting ``, plus'', and by adding at the end the following: ``(20) the Ready Reserve-National Guard employee credit determined under section 45J(a).''. (3) Denial of double benefit.--Section 280C(a) of the Internal Revenue Code of 1986 (relating to rule for employment credits) is amended by inserting ``45J(a),'' after ``45A(a),''. (4) Conforming amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 45I the following: ``Sec. 45J. Ready Reserve-National Guard employee credit.''. (5) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred after September 30, 2004, in taxable years ending after such date. (b) Ready Reserve-National Guard Replacement Employee Credit.-- (1) In general.--Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 (relating to members of targeted groups) is amended by striking ``or'' at the end of subparagraph (G), by striking the period at the end of subparagraph (H) and inserting ``, or'' and by adding at the end the following new subparagraph: ``(I) a qualified replacement employee.''. (2) Qualified replacement employee.--Section 51(d) of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (10), (11), and (12) as paragraphs (11), (12), and (13), respectively, and by inserting after paragraph (9) the following new paragraph: ``(10) Qualified replacement employee.-- ``(A) In general.--The term `qualified replacement employee' means an individual who is certified by the designated local agency as being hired by an eligible taxpayer to replace a Ready Reserve-National Guard employee of such taxpayer, but only with respect to the period during which such Ready Reserve-National Guard employee participates in qualified active duty, including time spent in travel status. ``(B) General definitions and special rules.--For purposes of this paragraph-- ``(i) Eligible taxpayer.--The term `eligible taxpayer' means a small business employer. ``(ii) Small business employer.-- ``(I) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 50 or fewer employees on business days during such taxable year. ``(II) Controlled groups.--For purposes of subclause (I), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(iii) Ready reserve-national guard employee.--The term `Ready Reserve-National Guard employee' has the meaning given such term by section 45J(d)(3). ``(iv) Qualified active duty.--The term `qualified active duty' has the meaning given such term by section 45J(d)(1). ``(C) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the armed forces of the united states.--No credit shall be allowed under subsection (a) by reason of paragraph (1)(I) to a taxpayer for-- ``(i) any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and ``(ii) the 2 succeeding taxable years.''. (3) Extension of credit with respect to qualified replacement employees.--Subparagraph (B) of section 51(c)(4) of such Code (relating to termination) is amended by inserting ``(December 31, 2006, in the case of amounts paid or incurred to an individual who is a qualified replacement employee)'' after ``2005''. (4) Effective date.--The amendments made by this subsection shall apply to amounts paid or incurred to an individual who begins work for the employer after September 30, 2004. (c) Study by GAO.-- (1) In general.--The Comptroller General of the United States shall study the following: (A) What, if any, problems exist in recruiting individuals for a reserve component of an Armed Force of the United States. (B) Whether the credit allowed under section 45J of the Internal Revenue Code of 1986 (as added by this section) is an effective incentive for the hiring and retention of employees who are individuals described in subparagraph (A) and whether there exists any compliance problems in the administration of such credit. (2) Report.--The Comptroller General of the United States shall report on the results of the study required under paragraph (1) to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives before December 1, 2005. | Guard and Reserve Financial Stability Act of 2005 - Amends the Internal Revenue Code to allow small employers (employers with 50 or fewer employees) a business tax credit for 50 percent of the lesser of: (1) actual compensation paid to each Ready Reserve-National Guard employee while on active duty or hospitalized incident to such duty; or (2) $30,000. Terminates such credit after 2006. Allows employers a work opportunity tax credit for the hiring of temporary employees to replace Ready Reserve-National Guard employees for the period such employees are on active duty. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Second-Stage Small Business Development Act of 2006''. SEC. 2. PURPOSE. The purpose of this Act is to establish a 4-year pilot program to-- (1) identify second-stage small business concerns that have the capacity for significant business growth and job creation; (2) facilitate business growth and job creation by second- stage small business concerns through the development of peer learning opportunities; (3) utilize the network of small business development centers to expand access to peer learning opportunities for second-stage small business concerns; and (4) assist businesses owned by minority individuals, service-disabled veterans, and women. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Small Business Administration. (2) Community college.--The term ``community college'' has the meaning given that term in section 3301(3) of the Higher Education Act of 1965 (20 U.S.C. 7011(3)). (3) Eligible entities.--The term ``eligible entity'' means an entity that-- (A) is eligible to receive funding under section 21 of the Small Business Act (15 U.S.C. 648); and (B) submits to the Administrator an application that includes-- (i) a plan to-- (I) offer peer learning opportunities to second-stage small business concerns; and (II) transition to providing such opportunities using non-governmental funding; and (ii) any other information and assurances that the Administrator may require. (4) Historically black college.--The term ``historically Black college'' means a part B institution, as defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). (5) Hispanic-serving institution.--The term ``Hispanic- serving institution'' has the meaning given that term in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)). (6) Minority institution.--The term ``minority institution'' has the meaning given that term in section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k(3)). (7) Peer learning opportunities.--The term ``peer learning opportunities'' means formally organized peer groups of owners, presidents and chief executive officers in non-competing second-stage business concerns, meeting regularly with a professionally trained facilitator. (8) Pilot program.--The term ``pilot program'' means the program established under section 4(a). (9) Second-stage small business concern.--The term ``second-stage small business concern'' means a small business concern that-- (A) has experienced high growth demonstrated by-- (i) an average annual revenue or employee growth rate of at least 15 percent during the preceding 3 years; or (ii) any 3 of the following: (I) Owning proprietary intellectual property. (II) Addressing an underserved or growing market. (III) Having a sustainable competitive advantage. (IV) Exporting goods or services outside of its community. (V) Having a product or service that is scalable to a large market. (VI) Ownership by minority individuals, service-disabled veterans, or women; and (B) does not exceed the size standard for the North American Industrial Classification System code of such concern, as established pursuant to section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (10) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632). (11) State.--The term ``State'' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. SEC. 4. PILOT PROGRAM. (a) Establishment.--The Administrator shall establish and carry out a pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small business concerns in accordance with this Act. (b) Selection of Grant Recipients.-- (1) In general.--The Administrator shall select 2 eligible entities from each of the 10 regions described in paragraph (3) to receive grants. (2) Criteria for selection.--The Administrator shall evaluate the plans described in section 3(3) submitted by eligible entities and select eligible entities to receive grants on the basis of the merit of such plans. (3) Regions described.--The regions described in this paragraph are as follows: (A) Region 1.--Maine, Massachusetts, New Hampshire, Connecticut, Vermont, and Rhode Island. (B) Region 2.--New York, New Jersey, Puerto Rico, and the Virgin Islands. (C) Region 3.--Pennsylvania, Maryland, West Virginia, Virginia, the District of Columbia, and Delaware. (D) Region 4.--Georgia, Alabama, North Carolina, South Carolina, Mississippi, Florida, Kentucky, and Tennessee. (E) Region 5.--Illinois, Ohio, Michigan, Indiana, Wisconsin, and Minnesota. (F) Region 6.--Texas, New Mexico, Arkansas, Oklahoma, and Louisiana. (G) Region 7.--Missouri, Iowa, Nebraska, and Kansas. (H) Region 8.--Colorado, Wyoming, North Dakota, South Dakota, Montana, and Utah. (I) Region 9.--California, Guam, Hawaii, Nevada, Arizona, and American Samoa. (J) Region 10.--Washington, Alaska, Idaho, and Oregon. (4) Consultation.--If small business development centers have formed an association to pursue matters of common concern as authorized under section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)), the Administrator shall consult with such association and give substantial weight to the recommendations of such association in selecting the grant recipients. (5) Deadline for initial selections.--The Administrator shall make selections under paragraph (1) not later than 60 days after the promulgation of regulations under section 5. (c) Use of Funds.--An eligible entity that receives a grant under the pilot program shall use the grant to-- (1) identify second-stage small business concerns in the service delivery areas of the eligible entity; and (2) establish and conduct peer learning opportunities for such second-stage small business concerns. (d) Amount of Grant.-- (1) In general.--Except as provided in paragraph (2), a grant under the pilot program shall be in an amount that does not exceed the product obtained by multiplying-- (A) the amount made available for grants under the pilot program for the fiscal year for which the grant is made; and (B) the ratio that the population of the State in which the eligible entity is located bears to the aggregate population the States in which eligible entities receiving grants for that fiscal year are located. (2) Minimum amount of grant.--A grant under the pilot program shall be in an amount not less than $50,000. (e) Matching Requirement.--As a condition of a grant under the pilot program, the Administrator shall require that a matching amount be provided from sources other than the Federal Government that-- (1) is equal to the amount of the grant, or in the case of an eligible entity that is a community college, historically Black college, Hispanic-serving institution, or other minority institution, is equal to 50 percent of the amount of the grant; (2) is not less than 50 percent cash; (3) is not more than 50 percent comprised of indirect costs and in-kind contributions; and (4) does not include any indirect cost or in-kind contribution derived from any Federal program. (f) Quarterly Report to Administrator.-- (1) In general.--Each eligible entity that receives a grant under the pilot program shall submit to the Administrator a quarterly report that includes-- (A) a summary of the peer learning opportunities established by the eligible entity using grant funds; (B) the number of second-stage small business concerns assisted using grant funds; and (C) in the case of an eligible entity that receives a grant for a second fiscal year or any subsequent fiscal year-- (i) any measurable economic impact data resulting from the peer learning opportunities established using grant funds; and (ii) the number of peer learning opportunities established by the eligible entity that have transitioned from operating using Government funds to operating without using Government funds. (2) Form of report.--The report required under paragraph (1) shall be transmitted in electronic form. (g) Data Repository and Clearinghouse.--In carrying out the pilot program, the Administrator shall act as the repository of and clearinghouse for data and information submitted by the eligible entities. (h) Annual Report on Pilot Program.--Not later than November 1 of each year, the Administrator shall submit to the President and to Congress, a report evaluating the success of the pilot program during the preceding fiscal year, which shall include the following: (1) A description of the types of peer learning opportunities provided with grant funds. (2) The number of second-stage small business concerns assisted with grant funds. (3) For fiscal year 2007 and each subsequent fiscal year of the pilot program-- (A) data regarding the economic impact of the peer learning opportunities provided with grant funds; and (B) the number of peer learning opportunities established by grant recipients that have transitioned from operating using Government funds to operating without using Government funds. (i) Privacy Requirement.-- (1) In general.--A small business development center, consortium of small business development centers, or contractor or agent of a small business development center shall not disclose the name, address, or telephone number of any individual or small business concern receiving assistance under this section without the consent of such individual or small business concern, unless-- (A) the Administrator is ordered to make such a disclosure by a court in any civil or criminal enforcement action initiated by a Federal or State agency; or (B) the Administrator considers such a disclosure to be necessary for the purpose of conducting a financial audit of a small business development center, but a disclosure under this subparagraph shall be limited to the information necessary for such audit. (2) Administrator use of information.--The privacy requirement under this subsection shall not-- (A) restrict Administrator access to program activity data; or (B) prevent the Administrator from using client information to conduct client surveys. (j) Evaluation and Report.--Not later than 3 years after the establishment of the pilot program, the Comptroller General of the United States shall-- (1) conduct an evaluation of the pilot program; and (2) transmit to Congress and the Administrator a report containing the results of such evaluation along with any recommendations as to whether the pilot program, with or without modification, should be extended to include the participation of all small business development centers. (k) Termination.--The pilot program shall terminate on September 30, 2010. SEC. 5. REGULATIONS. After providing notice and an opportunity for comment and after consulting with the association described in section 4(b)(5) (if any such association has been formed), the Administrator shall promulgate final regulations to carry out this Act, including regulations that establish-- (1) standards relating to the establishment and conduct of peer learning opportunities to be provided by grant recipients, including the number of individuals that may participate in a peer group that is part of a peer learning opportunity; (2) standards relating to the educational, technical, and professional competency of any facilitator who delivers peer learning opportunities under the pilot program; and (3) requirements for transitioning peer learning opportunities funded under the pilot program to non- governmental funding. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to carry out this Act, $1,500,000 for each of fiscal years 2007 through 2010. (b) Limitation on Use of Other Funds.--The Administrator shall carry out this Act using only amounts appropriated in advance specifically for the purpose of carrying out this Act. | Second-Stage Small Business Development Act of 2006 - Directs the Administrator of the Small Business Administration (SBA) to carry out a four-year pilot program to make grants to eligible entities for the development of peer learning opportunities for second-stage small businesses. Defines a "second-stage small business concern" as one that: (1) has experienced high growth in specified demonstrable ways; and (2) does not exceed the size standard for the North American Industrial Classification System code of such concern. Provides a minimum grant amount of $50,000. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Value Engineering Better Transportation Act of 1993''. SEC. 2. TITLE 23, UNITED STATES CODE. Section 120 of title 23, United States Code, is amended by adding at the end the following: ``(j) Increased Federal Share for Value Engineering.-- ``(1) In general.--The Federal share payable on account of any project or activity carried out under this title shall be increased-- ``(A) by 5 percentage points-- ``(i) if the project or activity has an estimated cost of $2,000,000 or more; ``(ii) if, before 35 percent completion of project or activity design, value engineering is applied to the project or activity; ``(iii) if the State in carrying out the project or activity complies with parts 48 and 52 of title 48 of the Code of Federal Regulations, relating to Federal acquisition regulations; ``(iv) if the State submits to the Secretary for approval a completed value engineering analysis, signed by a certified value specialist, of the savings resulting from application of value engineering to the project or activity, including changes made in the project or activity design as a result of such value engineering; and ``(v) if the Secretary determines that application of value engineering to the project or activity reduces the cost of the project or activity by 5 percent or more; and ``(B) by an additional 5 percentage points if the determination made by the Secretary under subparagraph (A)(v) is that application of value engineering reduces the cost of the project or activity by 15 percent or more. ``(2) Limitations.-- ``(A) Maximum federal percentage.--Notwithstanding paragraph (1), the Federal share payable for any project or activity carried out under this title shall not exceed 100 percent of project or activity cost. ``(B) Maximum federal dollars.--Notwithstanding paragraph (1) and subparagraph (A), the amount of Federal funds payable on account of a project or activity under this title as a result of application of this subsection to the project or activity shall not exceed the amount of Federal funds which would have been payable on account of the project or activity under this title but for this subsection. ``(3) Prohibition on training.--No Federal funds may be used to provide training for carrying out value engineering under this title. ``(4) Value engineering defined.--For purposes of this subsection, the term `value engineering' means a systematic process of review and analysis of a project or activity during its design phase by a multidisciplined team of persons not originally involved in the project or activity in order to provide suggestions for reducing the total cost of the project or activity and providing a project or activity of equal or better quality. Such suggestions may include a combination or elimination of inefficient or expensive parts of the original proposed design for the project or activity and total redesign of the proposed project or activity using different technologies, materials, or methods so as to accomplish the original purpose of the project or activity.''. SEC. 3. FEDERAL TRANSIT ACT. Section 12 of the Federal Transit Act (49 U.S.C. App. 1608) is amended by adding at the end the following: ``(n) Increased Federal Share for Value Engineering.-- ``(1) In general.--The Federal grant for any project to be assisted under this Act shall be increased-- ``(A) by 5 percent of the net project cost-- ``(i) if the project has an estimated cost of $2,000,000 or more; ``(ii) if, before 35 percent completion of project design, value engineering is applied to the project; ``(iii) if the grant recipient in carrying out the project complies with parts 48 and 52 of title 48 of the Code of Federal Regulations, relating to Federal acquisition regulations; ``(iv) if the grant recipient submits to the Secretary for approval a completed value engineering analysis, signed by a certified value specialist, of the savings resulting from application of value engineering to the project design, including changes made in the project as a result of such value engineering; and ``(v) if the Secretary determines that application of value engineering to the project reduces net project cost by 5 percent or more; and ``(B) by an additional 5 percent of the net project cost if the determination made by the Secretary under subparagraph (A)(v) is that application of value engineering reduces net project cost by 15 percent or more. ``(2) Limitations.-- ``(A) Maximum federal percentage.--Notwithstanding paragraph (1), the Federal grant for any project assisted under this Act shall not exceed 100 percent of the net project cost. ``(B) Maximum federal dollars.--Notwithstanding paragraph (1) and subparagraph (A), the amount of Federal funds which may be expended under a Federal grant under this Act for a project as a result of application of this subsection to the project shall not exceed the amount of Federal funds which would have been available for expenditure under such a grant for the project but for this subsection. ``(3) Prohibition on training.--No Federal funds may be used to provide training for carrying out value engineering under this Act. ``(4) Value engineering defined.--For purposes of this subsection, the term `value engineering' means a systematic process of review and analysis of a project during its design phase by a multidisciplined team of persons not originally involved in the project in order to provide suggestions for reducing the total cost of the project and providing a project of equal or better quality. Such suggestions may include a combination or elimination of inefficient or expensive parts of the original proposed design for the project and total redesign of the proposed project using different technologies, materials, or methods so as to accomplish the original purpose of the project.''. | Value Engineering Better Transportation Act of 1993 - Amends Federal transportation law and the Federal Transit Act to increase by five percent increments (up to 100 percent) the Federal share for transportation projects costing over $2 million for which "value engineering" results in certain minimum project cost savings. Prohibits the use of Federal funds for "value engineering" training. Defines "value engineering" as the process of review and analysis of a project during its design phase by a multidisciplined team of persons not originally involved in the project in order to provide suggestions for reducing total project costs and providing better quality. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Ethics in Government Act Amendments of 1993''. SEC. 2. MODIFICATION OF PROHIBITION OF HONORARIA. Section 501(b) of the Ethics in Government Act of 1978, as amended by the Ethics Reform Act of 1989 and Public Law 101-280, is amended-- (1) by striking ``An individual'' and inserting ``(1) Except as provided in paragraph (2), an individual''; and (2) by adding at the end the following new paragraph: ``(2)(A) Subject to subparagraph (B), paragraph (1) shall not apply to an honorarium paid to an officer or employee for an appearance, a speech, or an article published in a bona fide publication if-- ``(i) the purpose of the appearance, or the subject of the speech or article, does not relate primarily to the responsibilities, policies, or programs of the agency or office in which the individual is employed, and does not involve the use of Government time, property or other resources of the Government, or nonpublic Government information; ``(ii) the reason for which the honorarium is paid is unrelated to that individual's official duties or status as such officer or employee; and ``(iii) the person offering the honorarium has no interests that may be substantially affected by the performance or nonperformance of that individual's official duties. ``(B) Subparagraph (A) shall not apply to an officer or employee who is-- ``(i) a Member, or ``(ii) a noncareer officer or employee employed in a position for which the rate of basic pay, exclusive of any locality-based pay adjustment under section 5302 of title 5 (or any comparable adjustment pursuant to interim authority of the President) is equal to or greater than the rate of basic pay payable for Level V of the Executive Schedule. ``(C) A statement of the source, date, and amount of any honorarium accepted by an individual under subparagraph (A) shall be included in any report required by such individual by section 101 or section 107 of this Act. ``(D) The amount of any honorarium accepted under subparagraph (A) shall not exceed the usual and customary fee for the services for which the honorarium is paid, up to a maximum of $2,000.''. SEC. 3. REGULATIONS. Section 503 of the Ethics in Government Act of 1978 is amended-- (1) by inserting ``(a) In General.--'' before ``This''; and (2) by adding at the end the following: ``(b) Prior Notification of Acceptance of Honoraria.--(1)(A) Rules and regulations issued under subsection (a) shall include procedures under which individuals described in paragraph (2) shall notify the appropriate entity administering such rules and regulations before accepting honoraria permitted under section 501(b)(2)(A) that, in the aggregate, equal or exceed $200 in value from any one source in a calendar year. Such rules and regulations may include provision for notification after the acceptance of a noncash honorarium for an appearance or speech if the offer of the honorarium is made at the appearance or speech. Such rules and regulations may also provide for the notification of the appropriate entity if an honorarium is not accepted. ``(B) Each entity administering such rules and regulations shall compile all notifications received under subparagraph (A) during each calendar quarter. Such compilations shall be made available to the public in the same manner as reports are made available to the public under section 105 of this Act. ``(2) The individuals to whom paragraph (1) applies are any noncareer officer or employee who occupies a position classified above GS-15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS-15. ``(3) Any person who fails to notify the appropriate entity, pursuant to procedures established under paragraph (1), before accepting honoraria-- ``(A) shall pay, for deposit in the general fund of the Treasury, an amount equal to the value of the honoraria involved; and ``(B) shall be subject to appropriate disciplinary and other remedial action in accordance with applicable laws, Executive orders, and rules or regulations. The entity administering rules and regulations issued under paragraph (1) may, in accordance with procedures established in such rules and regulations, waive any penalty under this paragraph in extraordinary circumstances.''. SEC. 4. DEFINITION OF HONORARIUM. Section 505(3) of the Ethics in Government Act of 1978 is amended by striking ``if the subject matter'' and all that follows through ``Government''. SEC. 5. LIMITATION ON POSTEMPLOYMENT RESTRICTIONS. (a) Limitation on Postemployment Restrictions.--Section 207(j) of title 18, United States Code, is amended by adding at the end the following new paragraph: ``(7) Political parties and campaign committees.--(A) Except as provided in subparagraph (B), the restrictions contained in subsections (c), (d), and (e) shall not apply to a communication or appearance made solely on behalf of a candidate, in his or her capacity as a candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party. ``(B) Subparagraph (A) shall not apply to-- ``(i) any communication to, or appearance before, the Federal Election Commission by a former officer or employee of the Federal Election Commission; ``(ii) any communication to, or appearance before, an employee (as defined in section 2105 of title 5) of an Executive agency (as defined in section 105 of title 5), unless the employee is-- ``(I) an employee of the Executive Office of the President; ``(II) the head or assistant head of an Executive department or a military department (as such terms are defined in sections 101 and 102 of title 5); or ``(III) an employee appointed by the President, by and with the advice and consent of the Senate; ``(iii) any communication or appearance referred to in subparagraph (A) that is made by a person on any matter in which that person also represents, as agent or attorney or otherwise, anyone other than a person or entity described in subparagraph (C); or ``(iv) a communication or appearance that is made by-- ``(I) a person who is subject to the restrictions of subsection (c) or (d) if the communication or appearance is made before an officer or employee of a department or agency, other than the Executive Office of the President, and if that person is also representing, aiding, or advising anyone else (other than the United States or a person or entity referred to in subparagraph (C)) in any matter pending before that department or agency; ``(II) a person who is subject to the restrictions of subsection (e)(1)(A) and who is also representing, aiding, or advising anyone else (other than the United States or a person or entity referred to in subparagraph (C)) in any matter pending before either House of Congress or any legislative office of the Congress; ``(III) a person who is subject to the restrictions of subsection (e)(2)(A) and who is also representing, aiding, or advising anyone else (other than the United States or a person or entity referred to in subparagraph (C)) in any matter pending before any person described in subsection (e)(2)(B); ``(IV) a person who is subject to the restrictions of subsection (e)(3) and who is also representing, aiding, or advising anyone else (other than the United States or a person or entity referred to in subparagraph (C)) in any matter pending before the committee by which the former employee was employed; ``(V) a person who is subject to the restrictions of subsection (e)(5)(A) and who is also representing, aiding, or advising anyone else (other than the United States or a person or entity referred to in subparagraph (C)) in any matter pending before any person described in subsection (e)(5)(B). ``(C) For purposes of this paragraph-- ``(i) the term `candidate' means any person who seeks nomination for election, or election, to Federal or State office or who has authorized others to explore on his or her behalf the possibility of seeking nomination for election, or election, to Federal or State office; ``(ii) the term `authorized committee' means any political committee designated in writing by a candidate as authorized to receive contributions or make expenditures to promote the nomination for election, or the election, of such candidate, or to explore the possibility of seeking nomination for election, or the election, of such candidate, except that a political committee that receives contributions or makes expenditures to promote more than 1 candidate may not be designated as an authorized committee for purposes of subparagraph (A); ``(iii) the term `national committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the national level; ``(iv) the term `national Federal campaign committee' means an organization that, by virtue of the bylaws of a political party, is established primarily for the purpose of providing assistance, at the national level, to candidates nominated by that party for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; ``(v) the term `State committee' means the organization which, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of such political party at the State level; ``(vi) the term `political party' means an association, committee, or organization that nominates a candidate for election to any Federal or State elected office whose name appears on the election ballot as the candidate of such association, committee, or organization; and ``(vii) the term `State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.''. (b) Applicability.--A former officer or employee who is subject to the prohibitions contained in section 207(c) of title 18, United States Code, as in effect before January 1, 1991, shall, notwithstanding such prohibitions, be permitted to make communications and appearances solely on behalf of a candidate, in his or her capacity as candidate, an authorized committee, a national committee, a national Federal campaign committee, a State committee, or a political party, as though the provisions of section 207 of title 18, United States Code, in effect on or after January 1, 1991, as amended by this section, were applicable to such former officer or employee. SEC. 6. EFFECTIVE DATE. (a) In General.--Subject to subsection (b), the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Section 2.--The amendments made by section 2 shall be effective as of January 1, 1991. | Ethics in Government Act Amendments of 1993 - Amends the Ethics in Government Act of 1978 to specify the circumstances under which Federal officers and employees, other than Members of Congress and noncareer officers and employees whose rate of basic pay is equal to or greater than that for Level V of the Executive Schedule, may receive an honorarium for an article in a bona fide publication, a speech, or an appearance. Prohibits the amount of honorarium accepted from exceeding the usual and customary fee for the services for which the honorarium is paid, up to $2,000. Subjects the acceptance of any honorarium to financial disclosure. Requires the rules and regulations of each supervising ethics office (ethics office) designated under the Ethics Reform Act of 1989 to include procedures under which certain senior level or high-salaried noncareer officers and employees must notify their respective ethics office before accepting any of the honoraria permitted above that, in the aggregate, equal or exceed $200 in value from any one source in a calendar year. Requires each ethics office to compile and make public all notifications received during each calendar quarter. Subjects to specified penalties any person who fails to notify the appropriate ethics office before accepting honoraria. Amends the Federal criminal code to waive certain postemployment restrictions on Members of Congress and congressional employees and on certain senior executive branch personnel with respect to a communication or appearance made solely on behalf of a candidate for Federal or State office, in his or her capacity as a candidate, a political party, or certain political organizations, with specified exceptions. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Health Care Access Received Closer to Home Act of 2014''. SEC. 2. SENSE OF CONGRESS. It is the sense of Congress that-- (1) veterans who are authorized by the Secretary of Veterans Affairs to receive health care in the community must not lose the high quality, safety, care coordination, and other veteran-centric elements that the health care system of the Department of Veterans Affairs provides; (2) many veterans receive health care from both the Department and community providers but the lack of care coordination among the Department and community providers when veterans receive purchased care places veterans at risk for poor health outcomes and results in inefficient use of finite health care resources; (3) veteran-centric care coordination is associated with improved patient outcomes, as Department and non-Department health care teams coordinate and collaborate to provide the best care for veterans; and (4) if the Secretary purchases care for veterans from the private sector, such care must be secured in a cost-effective manner, in a way that complements the larger health care system of the Department by using industry standards for care and costs. SEC. 3. REAUTHORIZATION AND MODIFICATION OF PILOT PROGRAM OF ENHANCED CONTRACT CARE AUTHORITY FOR HEALTH CARE NEEDS OF VETERANS. Section 403 of the Veterans' Mental Health and Other Care Improvements Act of 2008 (Public Law 110-387; 38 U.S.C. 1703 note) is amended-- (1) in subsection (a)-- (A) in paragraph (2), by striking ``120 days after the date of the enactment of this Act'' and inserting ``90 days after the date of the enactment of the Veterans Health Care Access Received Closer to Home Act of 2014''; and (B) by amending paragraph (4) to read as follows: ``(4) Program locations.--The Secretary shall carry out the pilot program at locations in the following Veterans Integrated Service Networks (and such other locations as the Secretary considers appropriate): ``(A) Veterans Integrated Service Network 1. ``(B) Veterans Integrated Service Network 6. ``(C) Veterans Integrated Service Network 15. ``(D) Veterans Integrated Service Network 18. ``(E) Veterans Integrated Service Network 19.''; (2) by amending subsection (b) to read as follows: ``(b) Covered Veterans.--For purposes of the pilot program under this section, a covered veteran is any rural or highly rural veteran who-- ``(1) is-- ``(A) enrolled in the system of patient enrollment established under section 1705(a) of title 38, United States Code; ``(B) eligible for health care under the laws administered by the Secretary and enrolls in such system of patient enrollment not later than 30 days after the veteran begins receiving covered health services under the pilot program; or ``(C) eligible for health care under section 1710(e)(3) of such title; and ``(2) resides in a location that is-- ``(A) more than 60 minutes driving distance from the nearest Department health care facility providing primary care services, if the veteran is seeking such services; ``(B) more than 120 minutes driving distance from the nearest Department health care facility providing acute hospital care, if the veteran is seeking such care; or ``(C) more than 240 minutes driving distance from the nearest Department health care facility providing tertiary care, if the veteran is seeking such care.''; (3) by redesignating subsection (h) as subsection (j); (4) by inserting after subsection (g) the following new subsections: ``(h) Appointments.--In carrying out the pilot program under this section, the Secretary shall ensure that medical appointments for veterans occur during the 30-day period beginning on the date that is 15 days after the date on which the appointment is requested. ``(i) Outreach.--The Secretary shall ensure that a veteran eligible for the pilot program under this section is informed of such program.''; and (5) in paragraph (2)(B) of subsection (j), as redesignated by paragraph (3) of this section, by striking the semicolon at the end and inserting ``; and''. | Veterans Health Care Access Received Closer to Home Act of 2014 - Expresses the sense of Congress in support of veteran-centric health care coordination between the Department of Veterans Affairs (VA) and community providers, as well as cost-effective VA purchase of veterans' care from the private sector. Amends the Veterans' Mental Health and Other Care Improvements Act of 2008 to reauthorize a VA pilot program of contract care authority within specified Veterans Integrated Service Networks for the health care needs of veterans in highly rural areas who are enrolled in the VA annual patient enrollment system. Requires: (1) that medical appointments for veterans, under the pilot program, occur during the 30-day period beginning on the date that is 15 days after the appointment is requested, and (2) the Secretary of Veterans Affairs to ensure that eligible veterans are informed of the program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Health Insurance Promotion Act of 2007''. SEC. 2. GRANTS TO PROMOTE INNOVATIVE OUTREACH AND ENROLLMENT UNDER MEDICAID AND SCHIP. (a) Grants for Expanded Outreach Activities.--Title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) is amended by adding at the end the following: ``SEC. 2111. EXPANDED OUTREACH ACTIVITIES. ``(a) Grants to Conduct Innovative Outreach and Enrollment Efforts.-- ``(1) In general.--The Secretary shall award grants to eligible entities to-- ``(A) conduct innovative outreach and enrollment efforts that are designed to increase the enrollment and participation of eligible children under this title and title XIX; and ``(B) promote understanding of the importance of health insurance coverage for prenatal care and children. ``(2) Performance bonuses.--The Secretary may reserve a portion of the funds appropriated under subsection (g) for a fiscal year for the purpose of awarding performance bonuses during the succeeding fiscal year to eligible entities that meet enrollment goals or other criteria established by the Secretary. ``(b) Priority for Award of Grants.-- ``(1) In general.--In making grants under subsection (a)(1), the Secretary shall give priority to-- ``(A) eligible entities that propose to target geographic areas with high rates of-- ``(i) eligible but unenrolled children, including such children who reside in rural areas; or ``(ii) racial and ethnic minorities and health disparity populations, including those proposals that address cultural and linguistic barriers to enrollment; and ``(B) eligible entities that plan to engage in outreach efforts with respect to individuals described in subparagraph (A) and that are-- ``(i) Federal health safety net organizations; or ``(ii) faith-based organizations or consortia. ``(2) 10 percent set aside for outreach to indian children.--An amount equal to 10 percent of the funds appropriated under subsection (g) for a fiscal year shall be used by the Secretary to award grants to Indian Health Service providers and urban Indian organizations receiving funds under title V of the Indian Health Care Improvement Act (25 U.S.C. 1651 et seq.) for outreach to, and enrollment of, children who are Indians. ``(c) Application.--An eligible entity that desires to receive a grant under subsection (a)(1) shall submit to the Secretary an application in such form and manner, and containing such information, as the Secretary may decide. Such application shall include-- ``(1) quality and outcomes performance measures to evaluate the effectiveness of activities funded by a grant awarded under this section to ensure that the activities are meeting their goals; and ``(2) an assurance that the entity shall-- ``(A) conduct an assessment of the effectiveness of such activities against such performance measures; and ``(B) cooperate with the collection and reporting of enrollment data and other information determined as a result of conducting such assessments to the Secretary, in such form and manner as the Secretary shall require. ``(d) Dissemination of Enrollment Data and Information Determined From Effectiveness Assessments; Annual Report.--The Secretary shall-- ``(1) disseminate to eligible entities and make publicly available the enrollment data and information collected and reported in accordance with subsection (c)(2)(B); and ``(2) submit to Congress an annual report on the outreach activities funded by grants awarded under this section. ``(e) Supplement, Not Supplant.--Federal funds awarded under this section shall be used to supplement, not supplant, non-Federal funds that are otherwise available for activities funded under this section. ``(f) Definitions.--In this section: ``(1) Eligible entity.--The term `eligible entity' means any of the following: ``(A) A State or local government. ``(B) A Federal health safety net organization. ``(C) A national, local, or community-based public or nonprofit private organization. ``(D) A faith-based organization or consortia, 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 non-governmental entities. ``(E) An elementary school or secondary school, as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965. ``(2) Federal health safety net organization.--The term `Federal health safety net organization' means-- ``(A) an Indian tribe, tribal organization, or 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; ``(B) a Federally-qualified health center (as defined in section 1905(l)(2)(B)); ``(C) a hospital defined as a disproportionate share hospital for purposes of section 1923; ``(D) a covered entity described in section 340B(a)(4) of the Public Health Service Act (42 U.S.C. 256b(a)(4)); and ``(E) any other entity or a 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), the 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). ``(g) Appropriation.--There is appropriated, out of any money in the Treasury not otherwise appropriated, $50,000,000 for each of fiscal years 2008 and 2009 for the purpose of awarding grants under this section. Amounts appropriated and paid under the authority of this section shall be in addition to amounts appropriated under section 2104 and paid to States in accordance with section 2105, including with respect to expenditures for outreach activities in accordance with subsection (a)(1)(D)(iii) of that section.''. (b) Extending Use of Outstationed Workers to Accept Title XXI Applications.--Section 1902(a)(55) of the Social Security Act (42 U.S.C. 1396a(a)(55)) is amended by striking ``or (a)(10)(A)(ii)(IX)'' and inserting ``(a)(10)(A)(ii)(IX), or (a)(10)(A)(ii)(XIV), and applications for child health assistance under title XXI''. SEC. 3. STATE OPTION TO PROVIDE FOR SIMPLIFIED DETERMINATIONS OF A CHILD'S FINANCIAL ELIGIBILITY FOR MEDICAL ASSISTANCE UNDER MEDICAID OR CHILD HEALTH ASSISTANCE UNDER SCHIP. (a) Medicaid.--Section 1902(e) of the Social Security Act (42 U.S.C. 1396a(e)) is amended by adding at the end the following: ``(13)(A) At the option of the State, the plan may provide that financial eligibility requirements for medical assistance are met for a child who is under an age specified by the State (not to exceed 21 years of age) by using a determination made within a reasonable period (as determined by the State) before its use for this purpose, of the child's family or household income, or if applicable for purposes of determining eligibility under this title or title XXI, assets or resources, by a Federal or State agency, or a public or private entity making such determination on behalf of such agency, specified by the plan, including an agency administering the State program funded under part A of title IV, the Food Stamp Act of 1977, the Richard B. Russell National School Lunch Act, or the Child Nutrition Act of 1966, notwithstanding any differences in budget unit, disregard, deeming, or other methodology, but only if-- ``(i) the agency has fiscal liabilities or responsibilities affected or potentially affected by such determination; and ``(ii) any information furnished by the agency pursuant to this subparagraph is used solely for purposes of determining financial eligibility for medical assistance under this title or for child health assistance under title XXI. ``(B) Nothing in subparagraph (A) shall be construed-- ``(i) to authorize the denial of medical assistance under this title or of child health assistance under title XXI to a child who, without the application of this paragraph, would qualify for such assistance; ``(ii) to relieve a State of the obligation under subsection (a)(8) to furnish medical assistance with reasonable promptness after the submission of an initial application that is evaluated or for which evaluation is requested pursuant to this paragraph; ``(iii) to relieve a State of the obligation to determine eligibility for medical assistance under this title or for child health assistance under title XXI on a basis other than family or household income (or, if applicable, assets or resources) if a child is determined ineligible for such assistance on the basis of information furnished pursuant to this paragraph; or ``(iv) as affecting the applicability of any non-financial requirements for eligibility for medical assistance under this title or child health assistance under title XXI.''. (b) SCHIP.--Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended by adding at the end the following: ``(E) Section 1902(e)(13) (relating to the State option to base a determination of child's financial eligibility for assistance on financial determinations made by a program providing nutrition or other public assistance).''. (c) Effective Date.--The amendments made by this section shall take effect as of the date of the enactment of this Act and shall apply to child health assistance provided on or after October 1, 2008. | Children's Health Insurance Promotion Act of 2007 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to: (1) conduct innovative outreach and enrollment efforts that are designed to increase the enrollment and participation of eligible children under SCHIP; and (2) promote understanding of the importance of health insurance coverage for prenatal care and children. Amends SSA title XIX (Medicaid) to grant a state the option to provide for simplified determinations of a child's financial eligibility for medical assistance under Medicaid or child health assistance under SCHIP. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Act of 2007''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph) who becomes eligible for old-age insurance benefits after 1978 and before 1989, the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979 or 1980....................... 60 percent 1981 or 1982....................... 35 percent 1983 or 1984....................... 30 percent 1985 or 1986....................... 25 percent 1987 or 1988....................... 10 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before January 2007. (b) Recomputation to Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for December 2006, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. | Notch Baby Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who became eligible (at age 62) for (early retirement) old-age insurance benefits after 1978 and before 1989 (and reached age 65 for full-retirement benefits after 1981 and before 1992). Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 60% to 10% keyed to the year an individual became eligible for (early retirement) benefits between 1978 and 1989. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``401Kids Family Savings Act of 2006''. SEC. 2. EXTENSION OF DATE FOR SUNSET OF CERTAIN EDUCATION SAVINGS INCENTIVES. In the case of the provisions of, and amendments made by, subtitle A of title IV of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to education savings incentives), section 901 of such Act (relating to sunset of provisions of Act) shall be applied by substituting ``December 31, 2015'' for ``December 31, 2010'' in subsection (a)(1) thereof. SEC. 3. DISTRIBUTIONS FROM EDUCATION SAVINGS ACCOUNTS FOR FIRST HOME PURCHASES TREATED AS QUALIFIED DISTRIBUTIONS. (a) In General.--Subsections (b)(1), (d)(2)(A), (d)(2)(B), (d)(2)(C)(ii)(II), and (d)(2)(D) of section 530 of the Internal Revenue Code of 1986 are each amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (b) Qualified Expenses.--Subsection (b) of section 530 of such Code is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Qualified expenses.--The term `qualified expenses' means-- ``(A) qualified education expenses (as defined in paragraph (3)), and ``(B) qualified first-time homebuyer expenses (as defined in paragraph (4)).'', and (2) by redesignating paragraphs (4) and (5) (as redesignated by paragraph (1)) as paragraphs (5) and (6), respectively, and by inserting after paragraph (3) the following new paragraph: ``(4) Qualified first-time homebuyer expenses.--The term `qualified first-time homebuyer expenses' means, in the case of a designated beneficiary who is a first-time homebuyer, the qualified acquisition costs with respect to a principal residence of such beneficiary. Terms used in this paragraph shall have the same meaning as when used in section 72(t)(8).''. (c) Conforming Amendment.--The heading for paragraph (2) of section 530(d) of such Code is amended by striking ``qualified education expenses'' and inserting ``qualified expenses''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. ROLLOVERS FROM EDUCATION SAVINGS ACCOUNTS TO ROTH IRAS. (a) In General.--Paragraph (5) of section 530(d) of the Internal Revenue Code of 1986, as amended by section 5, is amended by inserting ``or a Roth IRA'' after ``another 401Kids savings account''. (b) Conforming Amendment.--Subsection (e) of section 408A of such Code is amended by inserting the following after the second sentence: ``Such term includes a rollover contribution to a Roth IRA from a 401Kids savings account described in section 530(d)(5).''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 5. RENAMING COVERDELL EDUCATION SAVINGS ACCOUNTS AS 401KIDS SAVINGS ACCOUNTS. (a) In General.--Section 530 of the Internal Revenue Code of 1986 is amended by striking ``Coverdell education savings account'' each place it appears and inserting ``401Kids savings account''. (b) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are amended by striking ``Coverdell education savings'' each place it appears and inserting ``401Kids savings'': (A) Section 26(b)(2)(E). (B) Section 72(e)(9). (C) Section 135(c)(2)(C). (D) Section 529(c)(6). (E) Subsections (a) and (e) of section 4973(a). (F) Subsections (c) and (e) of section 4975. (G) Section 6693(a)(2)(E). (2) The headings for the following provisions of such Code are amended by striking ``Coverdell education savings'' and inserting ``401kids savings'': (A) Section 72(e)(9). (B) Section 135(c)(2)(C). (C) Section 529(c)(3)(B)(vi). (D) Section 530(b)(1). (E) Section 4973(e). (F) Section 4975(c)(5). (3) The heading for section 4973(e) of such Code is amended by striking ``Coverdell Education Savings'' and inserting ``401Kids Savings''. (4) The heading for section 530 of such Code is amended to read as follows: ``SEC. 530. 401KIDS SAVINGS ACCOUNTS.''. (5) The item in the table of contents for part VII of subchapter F of chapter 1 of such Code relating to section 530 is amended to read as follows: ``Sec. 530. 401Kids savings accounts.''. (c) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. | 401Kids Family Savings Act of 2006 - Amends the Economic Growth and Tax Relief Reconciliation Act of 2001 to extend through 2015 provisions allowing increased annual contributions to Coverdell education savings accounts. Amends the Internal Revenue Code to: (1) allow tax-free distributions from a Coverdell education savings account for first-time homebuyer expenses; (2) permit rollovers from Coverdell education savings accounts to Roth individual retirement accounts (Roth IRAs); and (3) rename Coverdell education savings accounts as 401Kids Savings Accounts. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``West Virginia Rivers Conservation Act of 1994''. SEC. 2. NEW RIVER GORGE NATIONAL RIVER. Section 1101 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by striking ``NERI-80,023, dated January 1987'' and inserting ``NERI-80,028, dated January 1993''. SEC. 3. GAULEY RIVER NATIONAL RECREATION AREA. Section 201(b) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww(b)) is amended by striking ``NRA-GR/20,000A and dated July 1987'' and inserting ``GARI-80,001 and dated January 1993''. SEC. 4. BLUESTONE NATIONAL SCENIC RIVER. Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking ``WSR-BLU/20,000, and dated January 1987'' and inserting ``BLUE-80,004, and dated January 1993''. SEC. 5. DESIGNATION OF UPPER NEW RIVER, WEST VIRGINIA. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``( ) Upper New River, West Virginia.--(A) The segment in Summers County, West Virginia, from the West Virginia-Virginia State line downstream for approximately 14.5 miles as depicted on the boundary map entitled `Upper New Wild and Scenic River', numbered UPNE 80,000 and dated July 1993 to be administered by the Secretary of the Interior as a scenic river. ``(B) The acreage limitation set forth in subsection (b) shall not apply to the segment designated under this paragraph. Nothing in this Act shall preclude the improvement of any existing road or right-of-way within the boundaries of the segment designated under this paragraph. ``(C) Jurisdiction over all lands and improvements on such lands owned by the United States within the boundaries of the segment designated under this paragraph is hereby transferred without reimbursement to the administrative jurisdiction of the Secretary of the Interior, subject to the lease in effect on the date of enactment of this paragraph (or renewed thereafter) between the United States and the State of West Virginia with respect to the Bluestone Wildlife Management Area. ``(D) Nothing in this Act shall affect the management by the State of West Virginia of hunting and fishing within the segment designated under this paragraph. Nothing in this Act shall affect or impair the management by the State of West Virginia of other wildlife activities in the Bluestone Wildlife Management Area to the extent permitted in the lease agreement in effect on the date of enactment of this paragraph. Upon request by the State of West Virginia, the Secretary shall renew such lease agreement with the same terms and conditions as contained in such lease agreement on the date of enactment of this paragraph under which State management shall be continued pursuant to such renewal. If requested to do so by the State of West Virginia, or as provided in the lease agreement, the Secretary may terminate or modify the lease and assume administrative authority over all or part of the areas concerned. ``(E) Nothing in the designation of the segment referred to in this paragraph shall affect or impair the management of the Bluestone project or the authority of any department, agency, or instrumentality of the United States to carry out the purposes of the project.''. SEC. 6. DESIGNATION OF ELK RIVER AS A STUDY RIVER. (a) Study.--The Secretary of the Interior shall conduct a study of the segment of the Elk River, West Virginia, that is reflected on the Webster Springs Quadrangle (West Virginia) 7.5 minute series topographic map, United States Geological Survey, to determine its eligibility and suitability as either-- (1) a component of the national wild and scenic rivers system; (2) a unit of the National Park System as a national river; or (3) a unit of the National Park System as a national recreation area. (b) Report.--Not later than 3 years after the date of enactment of this Act, the Secretary of the Interior shall submit a report containing the results of the study conducted pursuant to subsection (a) to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives. (c) Effect on Management.--Nothing in this section shall affect or impair the management of the Sutton project or the authority of any department, agency, or instrumentality of the United States to carry out the purposes of the project on the date of enactment of this section. (d) Consultation.--In conducting the study required by this section, the Secretary shall consult with the West Virginia Division of Tourism and Parks and the West Virginia Division of Environmental Protection. SEC. 7. CONSOLIDATED MANAGEMENT. To achieve the maximum economy and efficiency of operations in the administration of the segment of the New River designated by the amendment made by section 5, the Secretary of the Interior shall consolidate offices and personnel administering such segment with offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River to the extent practicable, and shall utilize facilities of the New River Gorge National River to the extent practicable. SEC. 8. MISCELLANEOUS PROVISIONS. (a) New River Conforming Amendments.--Title XI of the National Parks and Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) is amended by adding at the end the following new section: ``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW. ``(a) Cooperative Agreements.--Section 202(e)(1) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National River in the same manner and to the same extent as such section applies to the Gauley River National Recreation Area. ``(b) Remnant Lands.--The second sentence of section 203(a) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts of land partially within the boundaries of the New River Gorge National River in the same manner and to the same extent as such sentence applies to tracts of land partially within the Gauley River National Recreation Area.''. (b) Bluestone River Conforming Amendments.--Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(65)) is amended-- (1) in the fifth sentence, by striking ``leases'' and inserting ``the lease''; (2) in the seventh sentence, by striking ``such management may be continued pursuant to renewal of such lease agreement''; and (3) by striking the eighth sentence and inserting the following: ``Upon request by the State of West Virginia so requests, the Secretary shall renew such lease agreement with the same terms and conditions as contained in such lease agreement on the date of enactment of the West Virginia Rivers Conservation Act of 1994 under which such State management shall be continued pursuant to such renewal. Upon request by the State of West Virginia, or as provided in such lease agreement, the Secretary may terminate or modify the lease and assume administrative authority over all or part of the areas concerned.''. SEC. 9. GAULEY ACCESS. Section 202(e) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-1(e)) is amended by adding at the end the following new paragraph: ``(4) Access to River.--Not later than 90 days after the date of enactment of this paragraph, the Secretary shall submit a report to the Committee on Energy and Natural Resources of the Senate and to the Committee on Natural Resources of the House of Representatives setting forth a plan to provide river access for noncommercial recreational users within the Gauley River National Recreation Area. The plan shall provide that such access shall utilize existing public roads and rights-of-way to the maximum extent feasible and shall be limited to providing access for such noncommercial users.''. SEC. 10. VISITOR CENTER. The Secretary of the Interior may construct a visitor center and such other related facilities as may be necessary to facilitate visitor understanding and enjoyment of the New River Gorge National River and the Gauley River National Recreation Area in the vicinity of the confluence of the New River and Gauley River. Such center and related facilities are authorized to be constructed at a site outside of the boundary of the New River Gorge National River or the Gauley River National Recreation Area unless a suitable site is available within the boundaries of either unit. SEC. 11. EXTENSION. For a 5-year period beginning on the date of enactment of this Act, the provisions of the Wild and Scenic Rivers Act applicable to river segments designated for study for potential addition to the wild and scenic rivers system under section 5(b) of such Act (16 U.S.C. 1276(b)) shall apply to the segments of the Bluestone and Meadow Rivers that were found eligible in the studies completed by the National Park Service in August 1983 but that were not designated by the West Virginia National Interest River Conservation Act of 1987 (Public Law 100-534; 102 Stat. 2702) as part of the Bluestone National Scenic River or as part of the Gauley River National Recreation Area, as the case may be. SEC. 12. BLUESTONE RIVER PUBLIC ACCESS. Section 3(a)(65) of the Wild and Scenic Rivers Act (16 U.S.C 1274(a)(65)) is amended by adding at the end the following new sentence: ``In order to provide reasonable public access and vehicle parking for public use and enjoyment of the river designated by this paragraph, consistent with the preservation and enhancement of the natural and scenic values of such river, the Secretary may negotiate a memorandum of understanding or cooperative agreement, or acquire such lands or interests in such lands, or both, with the consent of the owner as may be necessary to allow public access to the Bluestone River and to provide, outside the boundary of the scenic river, parking and related facilities in the vicinity of the area known as Eads Mill.''. SEC. 13. GAULEY RIVER BOUNDARY MODIFICATION. Section 205(c) of the West Virginia National Interest River Conservation Act of 1987 (16 U.S.C 460ww-4(c)) is amended by adding at the end the following new sentence: ``If project construction is not commenced within the time required in such license, or if such license is surrendered at any time, such boundary modification shall cease to have any force and effect.''. | West Virginia Rivers Conservation Act of 1994 - Amends the National Parks and Recreation Act of 1978, the West Virginia National Interest River Conservation Act of 1987, and the Wild and Scenic Rivers Act to modify boundaries of the: (1) New River Gorge National River; (2) Gauley River National Recreation Area; and (3) Bluestone National Scenic River. Amends the Wild and Scenic Rivers Act to designate a segment of the Upper New River, West Virginia, as a component of the National Wild and Scenic River System (NWSRS). Directs the Secretary of the Interior to study and report to specified congressional committees on the eligibility and suitability of designating a specified segment of the Elk River, West Virginia, as either a component of the NWSRS or a unit of the National Park System (NPS) as a national river or recreation area. Provides for consolidated management between offices and personnel administering the segment of the Upper New River designated by this Act and offices and personnel administering the New River Gorge National River, the Gauley River National Recreation Area, and the Bluestone National Scenic River. Amends the National Parks and Recreation Act of 1978 to make provisions of the West Virginia National Interest River Conservation Act of 1987 (the Act) relating to cooperative agreements and remnant lands in the Gauley River National Recreation Area applicable to the New River Gorge National River. Amends the Act to set forth provisions relating to access of the Gauley River National Recreation Area by certain noncommercial recreational users. Authorizes the Secretary to construct a visitor center in the vicinity of the confluence of the New and Gauley Rivers. Extends certain provisions of the Wild and Scenic Rivers Act with respect to segments of the Bluestone and Meadow Rivers that were found eligible for addition to the wild and scenic rivers system in studies completed by NPS in 1983 but that were not designated as part of the Bluestone National Scenic River or the Gauley River National Recreation Area under the Act. Amends the Wild and Scenic Rivers Act to set forth provisions relating to public access to the Bluestone River. Ceases the force and effect of any boundary modification of the Gauley River National Recreational Area relating to new project construction in the Area if construction is not commenced within the time required in the license or if such license is surrendered. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Child Protection Training Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Studies indicate that the majority of child protection professionals, including child protection workers, child protection attorneys, medical and mental health professionals, law enforcement officers, forensic interviewers, and other professionals who work directly with maltreated children, are inadequately prepared through undergraduate and graduate programs to recognize and respond to cases of child maltreatment. (2) Studies indicate that individuals mandated to report child maltreatment often fail to recognize instances of maltreatment, and that such failure to recognize maltreatment is attributable, in part, to inadequate training in undergraduate and graduate programs. (3) Child protection professionals often find it difficult to access quality training on investigating, or otherwise responding to, cases of child maltreatment, and many programs, such as forensic interview training programs, that require intensive training and small class sizes could reach more professionals if such programs were developed at the State, rather than the national, level. (4) Child protection professionals should be trained not only to respond to cases of child maltreatment after such maltreatment has occurred, but also to take a leadership role in implementing evidence-based community prevention programs. (5) The National Child Protection Training Center has taken a leadership role in implementing model undergraduate and graduate curricula on child abuse and neglect, in assisting States in developing forensic interview training programs, and in providing ongoing training, technical assistance, and publications to child protection professionals. Specifically, the National Child Protection Training Center has-- (A) assisted the States of Arkansas, Connecticut, Delaware, Georgia, Illinois, Indiana, Kansas, Maryland, Missouri, Mississippi, New Jersey, Oklahoma, Ohio, South Carolina, Virginia, and West Virginia in developing and sustaining forensic interview training programs; (B) developed and implemented model undergraduate and graduate curricula on child maltreatment in 13 universities and colleges in 8 States and the District of Columbia, and has worked with dozens of additional universities to implement model curricula; and (C) provided training, technical assistance, and other services to more than 40,000 child protection professionals throughout the United States. SEC. 3. ESTABLISHMENT OF REGIONAL TRAINING CENTERS AND GRANT PROGRAMS. (a) In General.--The Child Abuse Prevention and Treatment Act is amended by inserting after section 109 (42 U.S.C. 5106e) the following: ``SEC. 109A. REGIONAL TRAINING CENTERS AND GRANT PROGRAMS. ``(a) Regional Training Centers.--The Secretary of Health and Human Services (referred to in this section as the `Secretary') shall enter into an agreement with the National Child Protection Training Center to establish and sustain within the Center regional training centers in the midwestern, northeastern, southern, and western regions of the United States, which shall be called `Regional Training Centers' (referred to in this section as the `Centers'). The Centers shall-- ``(1) provide child protection professionals (including child protection workers, child protection attorneys, medical and mental health professionals, law enforcement officers, forensic interviewers, and other professionals who work directly with maltreated children) in the field with low-cost, high-quality training, technical assistance, and publications; ``(2) provide child protection professionals ongoing training and assistance in developing evidence-based community prevention programs; ``(3) develop model undergraduate and graduate curricula on child maltreatment and, after approval by the Secretary, disseminate the curricula to community colleges, colleges, universities, law schools, medical schools, and other institutions of higher education; and ``(4) assist States in developing and maintaining forensic interview training programs. ``(b) Grant Programs.--The Secretary, in accordance with agreements entered into with the National Child Protection Training Center, shall establish the following grant programs: ``(1) Forensic interview training programs.--The National Child Protection Training Center, in accordance with an agreement between such center and the Secretary under this paragraph, shall award grants to State and local governments and other nonprofit entities to-- ``(A) assist State and local child protection professionals described in subsection (a) in developing statewide forensic interview training programs; or ``(B) expand forensic interview training programs to provide for additional, advanced forensic interview training courses. ``(2) Model curricula.--The National Child Protection Training Center, in accordance with an agreement between such center and the Secretary under this paragraph, shall award grants to State and local governments and other nonprofit entities to-- ``(A) defray the expenses of institutions of higher education in implementing model undergraduate or graduate curricula on child abuse and neglect; or ``(B) assist institutions of higher education in expanding model undergraduate or graduate curricula on child abuse and neglect. ``(c) Authorization of Appropriations.-- ``(1) Regional centers.--To carry out subsection (a), there is authorized to be appropriated $3,000,000 for each of fiscal years 2011 through 2014. ``(2) Grant programs.--To carry out subsection (b), there is authorized to be appropriated $2,000,000 for each of fiscal years 2011 through 2014, of which-- ``(A) $1,000,000 per fiscal year shall be allocated to the program under paragraph (1) of such subsection; and ``(B) $1,000,000 per fiscal year shall be allocated to the program under paragraph (2) of such subsection.''. (b) Clerical Amendments.--The Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.) is amended-- (1) in section 1(b), by inserting after the item relating to section 109 the following new item: ``109A. Regional training centers and grant programs.''; and (2) in section 112-- (A) in subsection (a)-- (i) in paragraph (1), by inserting ``(except section 109A)'' after ``this title''; and (ii) in paragraph (2)(A), by inserting ``(except for activities under section 109A)'' after ``this title''; and (B) in subsection (b), by inserting ``(except for funds appropriated under section 109A)'' after ``this title''. | National Child Protection Training Act - Directs the Secretary of Health and Human Services (HHS) to enter into an agreement with the National Child Protection Training Center to establish and sustain Regional Training Centers in the midwestern, northeastern, southern, and western regions of this country. Requires the Regional Training Centers to: (1) provide child protection professionals in the field with low-cost, high-quality training, technical assistance, and publications; (2) provide child protection professionals with ongoing training and assistance in developing evidence-based community prevention programs; (3) develop model undergraduate and graduate curricula on child maltreatment and, upon the Secretary's approval, disseminate them to institutions of higher education (IHEs); and (4) assist states in developing and maintaining forensic interview training programs. Directs the National Child Protection Training Center to award grants to state and local governments and other nonprofit entities to: (1) assist state and local child protection professionals in developing statewide forensic interview training programs; or (2) expand forensic interview training programs to provide for additional, advanced forensic interview training courses. Directs the National Child Protection Training Center to award grants to state and local governments and other nonprofit entities to assist IHEs in implementing or expanding model undergraduate or graduate curricula on child abuse and neglect. |
SECTION 1. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (a) Findings.--Congress finds the following: (1) While significant progress has occurred due to the enactment of a disadvantaged business enterprise program for highways and mass transit, including commuter rail passenger transportation, discrimination and related barriers continue to pose significant obstacles for minority-owned and women-owned businesses seeking to do business in federally assisted surface transportation-related markets, including intercity rail passenger transportation markets. This continuing discrimination warrants the establishment of the disadvantaged business enterprise program under this section. (2) Discrimination poses serious barriers to the full and fair participation of minority and women business owners, including African-Americans, Hispanic-Americans, Asian- Americans, and Native Americans in federally assisted surface transportation-related projects and contracts, including intercity rail passenger transportation projects and contracts. (3) Discrimination impacts minority and women business owners in every geographic region of the United States and throughout all of the surface transportation-related industries, including intercity rail passenger transportation industries. (4) Congress has reviewed evidence of discrimination against minority and women business owners throughout the transportation sector, including-- (A) statistical analyses demonstrating significant disparities in the utilization of minority-owned and women-owned businesses in federally and locally funded transportation contracting; (B) statistical analyses of private sector disparities in business success by minority-owned and women-owned businesses in transportation industries; (C) research compiling anecdotal reports of discrimination against individual minority and women business owners; (D) individual reports of discrimination against minority and women business owners and the organizations and individuals who represent minority and women business owners; (E) analyses demonstrating significant reductions in the participation of minority and women businesses in jurisdictions that have reduced or eliminated their minority-owned and women-owned business programs; (F) statistical analyses showing significant disparities in the credit available to minority-owned and women-owned businesses; (G) research and statistical analyses demonstrating how discrimination negatively impacts firm formation, growth, and success; (H) experience of State departments of transportation and localities demonstrating that race- neutral and gender-neutral efforts alone are insufficient to remedy discrimination; and (I) other qualitative and quantitative evidence of discrimination against minority-owned and women-owned businesses in the transportation sector. (5) Congress has received and reviewed compelling evidence of discrimination from many different sources, including congressional hearings and roundtables, studies, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits. (6) All of this evidence applies not only to highway and mass transportation programs, but also to rail programs, providing a compelling need for the establishment of the disadvantaged business enterprise program under this section to address race and gender discrimination in intercity rail passenger transportation. (b) Program.--There is established a disadvantaged business enterprise program for the Federal Railroad Administration to ensure that disadvantaged business enterprises have a full and fair opportunity to compete in covered rail projects and to ensure that the Federal Government does not subsidize discrimination in covered rail projects. (c) Amounts for Disadvantaged Business Enterprises.--Except to the extent that the Secretary of Transportation determines otherwise, not less than 10 percent of the amounts made available through a grant, contract, loan, or other financing instrument for any covered rail project shall be expended through disadvantaged business enterprises. (d) Annual Listing of Disadvantaged Business Enterprises.--The unified certification program established under subsection (e) shall annually survey and compile a list of disadvantaged business enterprises and their location, and shall include an indication of the percentage of such enterprises which are controlled by women, by socially and economically disadvantaged individuals (other than women), and by individuals who are women and are otherwise socially and economically disadvantaged individuals. (e) Uniform Certification.--For purposes of carrying out this section, the Secretary of Transportation shall establish minimum uniform criteria to use in certifying whether a concern qualifies as a small business concern. The minimum uniform criteria shall include on- site visits, personal interviews with personnel, issuance or inspection of licenses, analyses of stock ownership, listing of equipment, analyses of bonding capacity, listing of work completed, examination of the resume of principal owners, analyses of financial capacity, and analyses of the type of work preferred. Federal Railroad Administration recipients of funds subject to this section must participate in unified certification program approved by the Secretary. (f) Reporting.--The Secretary of Transportation shall establish minimum requirements for covered rail project Federal funding recipients to report to the Secretary-- (1) information concerning minority-owned and women-owned business awards, commitments, and achievements; and (2) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program under this section. (g) Compliance With Court Orders.--Nothing in this section limits the eligibility of an entity or person to receive funds if the entity or person is prevented, in whole or in part, from complying with subsection (c) because a Federal court issues a final order in which the court finds that a requirement or the implementation of subsection (c) is unconstitutional. (h) Definitions.--In this section, the following definitions apply: (1) Commuter rail passenger transportation and intercity rail passenger transportation.--The terms ``commuter rail passenger transportation'' and ``intercity rail passenger transportation'' have the meaning given those terms in section 24102 of title 49, United States Code. (2) Covered rail project.--The term ``covered rail project'' means any railroad project that is carried out or is planned to be carried out with the use of Federal funds administered by the Federal Railroad Administration through a grant, contract, loan, or other financing instrument. (3) Disadvantaged business enterprise.--The term ``disadvantaged business enterprise'' means a small business concern owned by socially and economically disadvantaged individuals. (4) Small business concern.--The term ``small business concern'' has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632), except that the term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts over the preceding 3 fiscal years in excess of $22,410,000, as adjusted annually by the Secretary of Transportation for inflation. (5) Socially and economically disadvantaged individuals.-- The term ``socially and economically disadvantaged individuals'' has the meaning given that term under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this section. | Establishes for the Federal Railroad Administration a program for disadvantaged business enterprises, that is, small business concerns owned or controlled by socially and economically disadvantaged individuals (including women). Requires that at least 10% of federal funds for covered rail projects be expended on disadvantaged business enterprises. Directs the Secretary of Transportation (DOT) to establish: (1) a unified certification program that lists disadvantaged business enterprises; (2) minimum uniform criteria for certifying small business concerns; and (3) minimum requirements for covered rail project federal funding recipients to report to the Secretary information on minority-owned and women-owned business awards, commitments, and achievements. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Pregnant Women and Children From Hexavalent Chromium Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) according to the National Toxicology Program of the Department of Health and Human Services-- (A) chromium is a metal that can take various forms, including ``hexavalent chromium'', which is created when the metal is heated; (B) hexavalent chromium, also called ``Chrome 6'', is widely used in metal fabrication, chrome finishing and plating, stainless-steel production, leather tanning, and wood preservatives to reduce corrosion and for other purposes; and (C) determining the full extent of human exposures to Chrome 6 can be difficult to quantify because exposure studies do not normally identify the specific form of chromium, but people can come into contact with Chrome 6 through breathing in air, drinking water, or touching products that contain the metal; (2) according to the Environmental Protection Agency-- (A) in 2009, facilities in the United States released almost 8,000,000 pounds of chromium into the air, water, and land; and (B) in 2010, chromium was a primary contaminant in more than 500 of the most heavily contaminated sites on the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9605(a)(8)(B)), which means that more than 40 percent of those most heavily contaminated sites in the United States are contaminated with chromium; (3) in 1990, the International Agency for the Research on Cancer declared that Chrome 6 was known to cause cancer in people when inhaled; (4) as early as 1998, the Environmental Protection Agency also concluded that Chrome 6 could cause cancer when inhaled; (5) in 2008, the National Toxicology Program of the Department of Health and Human Services concluded that Chrome 6 in drinking water shows ``clear evidence'' of cancer-causing activity in laboratory animals; (6) a 2010 draft toxicological review of Chrome 6 by the Environmental Protection Agency found that the contaminant in tap water is ``likely to be carcinogenic to humans'' and cited significant cancer concerns and other health effects from animal studies, including anemia and damage to the gastrointestinal tract, lymph nodes, and liver; (7) nearly 2 decades before the date of enactment of this Act, in 1991, the Environmental Protection Agency established a tap water standard for total chromium at 100 parts per billion; (8) in 2009, the State of California proposed a public health goal of 0.06 parts per billion for Chrome 6 in drinking water, which is almost 1,700 times lower than the standard for total chromium established by the Environmental Protection Agency; (9) in 2010, the State of California proposed a public health goal of 0.02 parts per billion for Chrome 6 in drinking water and stated that ``new research has documented that young children and other sensitive populations are more susceptible than the general population to health risks from exposure to carcinogens''; (10) in 2011, the State of California established a final public health goal of 0.02 parts per billion for Chrome 6 in drinking water; (11) a December 2010 report from a nonprofit organization, which represents a snapshot in time for water quality, tested tap water in 35 cities across the United States for chromium and Chrome 6 and found that-- (A) the majority of chromium in drinking water was Chrome 6; and (B) tap water in 31 cities across the country contained Chrome 6, of which the 10 cities with the highest levels were-- (i) Norman, Oklahoma; (ii) Honolulu, Hawaii; (iii) Riverside, California; (iv) Madison, Wisconsin; (v) San Jose, California; (vi) Tallahassee, Florida; (vii) Omaha, Nebraska; (viii) Albuquerque, New Mexico; (ix) Pittsburgh, Pennsylvania; and (x) Bend, Oregon; and (12) tap water from 25 cities had levels of Chrome 6 above the 2009 proposed public health goal of the State of California. (b) Purpose.--The purpose of this Act is to require the Administrator of the Environmental Protection Agency to establish-- (1) by not later than 90 days after the date of enactment of this Act, a health advisory for hexavalent chromium in drinking water that-- (A) is fully protective of, and considers, the body weight and exposure patterns of pregnant women, infants, and children; (B) provides an adequate margin of safety; and (C) takes into account all routes of exposure to hexavalent chromium; and (2) by not later than 1 year after the date of enactment of this Act, a national primary drinking water regulation for hexavalent chromium that fully protects pregnant women, infants, and children, taking into consideration body weight, exposure patterns, and all routes of exposure to hexavalent chromium. SEC. 3. HEALTH ADVISORY AND NATIONAL PRIMARY DRINKING WATER REGULATION FOR HEXAVALENT CHROMIUM. Section 1412(b)(12) of the Safe Drinking Water Act (42 U.S.C. 300g- 1(b)(12)) is amended by adding at the end the following: ``(C) Hexavalent chromium.-- ``(i) Health advisory.--Notwithstanding any other provision of this section, not later than 90 days after the date of enactment of this subparagraph, the Administrator shall publish a health advisory for hexavalent chromium that is fully protective, with an adequate margin of safety, of the health of vulnerable individuals (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure. ``(ii) Proposed regulations.-- Notwithstanding any other provision of this section, the Administrator shall propose (not later than 180 days after the date of enactment of this subparagraph) and shall finalize (not later than 1 year after the date of enactment of this subparagraph) a national primary drinking water regulation for hexavalent chromium-- ``(I) that based on the factors in clause (i) and other relevant data, is protective, with an adequate margin of safety, of vulnerable individuals (including pregnant women, infants, and children); and ``(II) the maximum contaminant level of which is as close to the maximum contaminant level goal for hexavalent chromium, and as protective of vulnerable individuals, as is feasible.''. | Protecting Pregnant Women and Children From Hexavalent Chromium Act of 2012 - Amends the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) publish a health advisory for hexavalent chromium that is fully protective of the health of vulnerable individuals (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and (2) establish a national primary drinking water regulation for hexavalent chromium that is protective of vulnerable individuals and the maximum contaminant level of which is as close to the maximum contaminant level goal for hexavalent chromium, and as protective of vulnerable individuals, as is feasible. |
SECTION 1. SATISFACTION OF CLAIMS AGAINST THE UNITED STATES. (a) Payment of Claims.--The Secretary of the Treasury shall pay, out of money not otherwise appropriated-- (1) to the Global Exploration and Development Corporation, a Florida corporation incorporated in Delaware, $9,500,000; (2) to Kerr-McGee Corporation, an Oklahoma corporation incorporated in Delaware, $10,000,000; and (3) to Kerr-McGee Chemical, LLC, a limited liability company organized under the laws of Delaware, $0. (b) Condition of Payment.-- (1) Global exploration and development corporation.--The payment authorized by subsection (a)(1) is in settlement and compromise of all claims of Global Exploration and Development Corporation, as described in the recommendations of the United States Court of Federal Claims set forth in 36 Fed. Cl. 776. (2) Kerr-mcgee corporation and kerr-mcgee chemical, llc.--The payment authorized by subsections (a)(2) and (a)(3) are in settlement and compromise of all claims of Kerr-McGee Corporation and Kerr-McGee Chemical, LLC, as described in the recommendations of the United States Court of Federal Claims set forth in 36 Fed. Cl. 776. (c) Limitation on Fees.--Not more than 15 percent of the sums authorized to be paid by subsection (a) shall be paid to or received by any agent or attorney for services rendered in connection with the recovery of such sums. Any person violating this subsection shall be fined not more than $1,000. SEC. 2. CRIMINAL PROHIBITION ON THE DISTRIBUTION OF CERTAIN INFORMATION RELATING TO EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION. (a) Unlawful Conduct.--Section 842 of title 18, United States Code, is amended by adding at the end the following: ``(p) Distribution of Information Relating to Explosives, Destructive Devices, and Weapons of Mass Destruction.-- ``(1) Definitions.--In this subsection-- ``(A) the term `destructive device' has the same meaning as in section 921(a)(4); ``(B) the term `explosive' has the same meaning as in section 844(j); and ``(C) the term `weapon of mass destruction' has the same meaning as in section 2332a(c)(2). ``(2) Prohibition.--It shall be unlawful for any person-- ``(A) to teach or demonstrate the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute by any means information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, with the intent that the teaching, demonstration, or information be used for, or in furtherance of, an activity that constitutes a Federal crime of violence; or ``(B) to teach or demonstrate to any person the making or use of an explosive, a destructive device, or a weapon of mass destruction, or to distribute to any person, by any means, information pertaining to, in whole or in part, the manufacture or use of an explosive, destructive device, or weapon of mass destruction, knowing that such person intends to use the teaching, demonstration, or information for, or in furtherance of, an activity that constitutes a Federal crime of violence.''. (b) Penalties.--Section 844 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``person who violates any of subsections'' and inserting the following: ``person who-- ``(1) violates any of subsections''; (B) by striking the period at the end and inserting ``; and''; and (C) by adding at the end the following: ``(2) violates subsection (p)(2) of section 842, shall be fined under this title, imprisoned not more than 20 years, or both.''; and (2) in subsection (j), by inserting ``and section 842(p)'' after ``this section''. SEC. 3. SETTLEMENT OF CLAIMS OF MENOMINEE INDIAN TRIBE OF WISCONSIN. (a) Payment.--The Secretary of the Treasury shall pay to the Menominee Indian Tribe of Wisconsin, out of any funds in the Treasury of the United States not otherwise appropriated, $32,052,547 for damages sustained by the Menominee Indian Tribe of Wisconsin by reason of-- (1) the enactment and implementation of the Act entitled ``An Act to provide for a per capita distribution of Menominee tribal funds and authorize the withdrawal of the Menominee Tribe from Federal jurisdiction'', approved June 17, 1954 (68 Stat. 250 et seq., chapter 303); and (2) the mismanagement by the United States of assets of the Menominee Indian Tribe held in trust by the United States before April 30, 1961, the effective date of termination of Federal supervision of the Menominee Indian Tribe of Wisconsin. (b) Effect of Payment.--Payment of the amount referred to in subsection (a) shall be in full satisfaction of any claims that the Menominee Indian Tribe of Wisconsin may have against the United States with respect to the damages referred to in that subsection. (c) Requirements for Payment.--The payment to the Menominee Indian Tribe of Wisconsin under subsection (a) shall-- (1) have the status of a judgment of the United States Court of Federal Claims for the purposes of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and (2) be made in accordance with the requirements of that Act on the condition that, of the amounts remaining after payment of attorney fees and litigation expenses-- (A) at least 30 percent shall be distributed on a per capita basis; and (B) the balance shall be set aside and programmed to serve tribal needs, including funding for-- (i) educational, economic development, and health care programs; and (ii) such other programs as the circumstances of the Menominee Indian Tribe of Wisconsin may justify. (d) Limitation on Fees.--Not more than 15 percent of the sums authorized to be paid by subsection (a) shall be paid to or received by any agent or attorney for services rendered in connection with the recovery of such sums. Any person violating this subsection shall be fined not more than $1,000. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Directs the Secretary of the Treasury to pay specified funds to the Global Exploration and Development Corporation, Kerr-McGee Corporation, and Kerr-McGee Chemical, LLC, in settlement and compromise of claims of such corporations and company. Limits agent or attorney recovery fees to 15 percent of such sums. (Sec. 2) Amends the Federal criminal code to prohibit and set penalties for teaching or demonstrating the making or use of an explosive, destructive device, or weapon of mass destruction, or distributing information pertaining to its manufacture or use, with or knowing of the intent that the information be used for a Federal crime of violence. (Sec. 3) Requires the Secretary to pay to the Menominee Indian Tribe of Wisconsin, in full satisfaction of any claims that the Tribe may have against the United States, a specified sum for damages sustained by the Tribe by reason of: (1) the enactment and implementation of a Federal statute providing for a per capita distribution of Menominee tribal funds and authorizing the withdrawal of the Tribe from Federal jurisdiction; and (2) the mismanagement by the United States of tribe assets held in trust by the United States before April 30, 1961, the effective termination date of Federal supervision of the Tribe. Provides that such payment shall have the status of a judgment of the United States Court of Federal Claims for purposes of the Indian Tribal Judgment Funds Use or Distribution Act and shall be made in accordance with the requirements of that Act on the condition that, of the amounts remaining after payment of attorney's fees and litigation expenses: (1) at least 30 percent shall be distributed on a per capita basis; and (2) the balance shall be set aside and programmed to serve tribal needs, including educational, economic development, and health care programs. Limits agent or attorney recovery fees to 15 percent of sums paid. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coal Industry Retiree Health Equity Act''. SEC. 2. REDUCTION IN CONTRIBUTIONS OF ELIGIBLE SMALL ASSIGNED OPERATORS TO COAL MINERS COMBINED BENEFIT FUND. (a) In General.--Part II of subchapter B of chapter 99 of the Internal Revenue Code of 1986 (relating to financing of Combined Benefit Fund) is amended by inserting after section 9704 the following new section: ``SEC. 9704A. REDUCTIONS IN ANNUAL PREMIUMS OF ELIGIBLE SMALL ASSIGNED OPERATORS. ``(a) General Rule.--The annual premium of an assigned operator under section 9704(a) shall, in the case of an eligible small assigned operator, be reduced as provided in subsection (b). ``(b) Reductions for Eligible Small Assigned Operators.-- ``(1) In general.--If this subsection applies to an eligible small assigned operator for any plan year of the Combined Fund, the annual premium under section 9704(a) for such operator for such plan year shall not exceed 5 percent of the operator's average annual taxable income for purposes of chapter 1 for the 5-taxable year period ending with the operator's most recent taxable year ending before the beginning of the plan year. ``(2) Credit for overpayments.--To the extent that an eligible small assigned operator has paid annual premiums in excess of such premiums required by paragraph (1) for plan years beginning before the date of the enactment of this section, any annual premiums owed by such operator on or after October 1, 1996 (after the application of paragraph (1)) shall be reduced (but not below zero) by the amount of such excess. ``(b) Years to Which Section Applies.-- ``(1) In general.--This section shall apply to any plan year of the Combined Fund which begins after January 31, 1993 and before October 1, 2003. ``(2) Coordination.--This section shall not apply to any eligible small assigned operator for any plan year for which no annual premium is imposed on such operator. ``(c) Eligible Small Assigned Operators.--For purposes of this section-- ``(1) In general.--The term `eligible small assigned operator' means any assigned operator-- ``(A) the average annual gross income of which for purposes of chapter 1 for the 5-taxable year period ending with the operator's most recent taxable year ending before October 1, 1993, did not exceed $25,000,000, and ``(B) which is not engaged in the production of coal for the plan year for which the determination is being made. For purposes of this subparagraph, production by a related person shall be treated as production by the assigned operator. ``(2) Production of coal.--For purposes of paragraph (1), an assigned operator or related person shall be treated as engaged in the production of coal if it has employed employees in-- ``(A) the extraction of coal, or ``(B) the preparation, processing, or changing of coal for sale. ``(d) Aggregation Rules.--In determining gross income or taxable income for purposes of this section, an assigned operator and any related persons shall be treated as 1 person. ``(e) Overall Limitation.-- ``(1) In general.--In no event shall the total reductions in annual premiums payable to the Combined Fund under this section for any plan year exceed $5,000,000. ``(2) Calculation of reductions.--For purposes of paragraph (1), the total reductions in annual premiums for any plan year shall not include any reductions under this section in premiums payable by an eligible small assigned operator who, prior to the date of the enactment of this section, has not paid at least 50 percent of the premiums assessed such assigned operator for the period October 1, 1993, through September 30, 1996.'' (b) Conforming Amendment.--The table of sections for part II of subchapter B of chapter 99 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 9704 the following new item: ``Sec. 9704A. Reductions in annual premiums of eligible small assigned operators.'' (c) Effective Date.--The amendments made by this section shall apply to plan years beginning after January 31, 1993. SEC. 3. WAIVER OF PENALTIES. (a) In General.--In the case of an eligible small assigned operator (as defined in section 9704A(c) of the Internal Revenue Code of 1986, as added by section 2), no penalty shall be imposed under section 9707 of such Code on any failure of such operator to pay any installment of a premium due under section 9704 of such Code before January 1, 1997, if the operator pays such installment before such date. For purposes of this subsection, the amount of the installment shall be determined after application of the amendments made by section 2. (b) Compliance.--An operator shall not be treated as failing to meet the requirements of subsection (a) with respect to any installment if-- (1) the failure to pay the installment before January 1, 1997, was due to reasonable cause and not to willful neglect, and (2) the failure is corrected within 90 days of the later of-- (A) notice of the failure, or (B) a final administrative or judicial determination of the amount of the installment which is not reviewable or appealable. SEC. 4. SUSPENSION OF CONTRIBUTIONS FOR CERTAIN ASSIGNED OPERATORS TO THE COMBINED FUND. (a) In General.--Section 9704 of the Internal Revenue Code of 1986 (relating to liability of assigned operators) is amended by adding at the end the following new subsection: ``(j) One-Time Suspension of Contributions for Certain Assigned Operators.-- ``(1) In general.--Effective on and after the date of the enactment of the Coal Industry Retiree Health Equity Act, whenever the net assets in the Combined Fund (as reported in the monthly UMWA Combined Fund Financial Statements) first exceed 10 percent of the benefits and administrative costs paid by the Combined Fund during the preceding plan year, no further monthly premium payments shall be made by assigned operators which are not 1988 agreement operators for the succeeding 24- month period. In the case of assigned operators which sought protection under title 11 of the United States Code before October 24, 1992, the preceding sentence shall be applied without regard to section 9706(b)(1)(A). ``(2) Termination of suspension.--The period of suspension under paragraph (1) shall terminate whenever such net assets no longer exceed 10 percent of such costs, and assigned operators which are not 1988 agreement operators shall resume making monthly premium payments with the next monthly installment due after such termination. ``(3) Report.--Not later than the end of the first 12-month period of the 24-month period described in paragraph (1), the Comptroller General of the United States shall report to Congress on the current operations of the Combined Fund for such 12-month period and the background history of the Combined Fund.'' (b) Conforming Amendment.--Section 9704(a) of the Internal Revenue Code of 1986 is amended by striking ``Each'' and inserting ``Except as provided in subsection (j), each''. SEC. 5. AMOUNT OF PER BENEFICIARY PREMIUM. Paragraph (2) of section 9704(b) of the Internal Revenue Code of 1986 (relating to per beneficiary premium) is amended-- (1) by striking subparagraph (A) and inserting the following new subparagraph: ``(A) $2,116.67, plus'', and (2) by striking ``the amount determined under subparagraph (A)'' in subparagraph (B) and inserting ``$2,116.67''. SEC. 6. DISCLOSURE REQUIREMENTS. (a) In General.--Section 9704(h) of the Internal Revenue Code of 1986 (relating to information) is amended-- (1) by striking ``(h) Information.--The'' and inserting: ``(h) Information.-- ``(1) Information to secretary.--The'', and (2) by adding at the end the following new paragraph: ``(2) Information to contributors.-- ``(A) In general.--The trustees of the Combined Fund shall, within 30 days of a written request, make available to any assigned operator information relating to the employment history of assigned beneficiaries. ``(B) Fees.--The trustees may charge reasonable fees (not in excess of actual expenses) for providing documents under this paragraph.'' (b) Additional Amendment.--Clause (ii) of section 9703(b)(2)(A) of the Internal Revenue Code of 1986 is amended by inserting ``(without regard to any reduction under section 9704(e)(3)(B)(ii))'' after ``for the plan year''. SEC. 7. TREATMENT OF WITHDRAWAL LIABILITY. (a) Withdrawal Liability.--Subsection (g) of section 9711 of the Internal Revenue Code of 1986 (relating to continued obligations of individual employer plans) is amended by adding at the end the following new paragraph: ``(3) Certain 1988 agreement operators.--Notwithstanding any other provision of this chapter, in the case of 1988 agreement operators which either have contingent liability for, or which were assessed by and did pay contractual withdrawal liability to, the 1950 UMWA Benefit Plan, the 1974 UMWA Benefit Plan or the Combined Fund; the following shall apply as of the date of the enactment of the Coal Industry Retiree Health Equity Act: ``(A) The Combined Fund shall immediately cease assessing, collecting, or attempting to collect contractual withdrawal liability under Article XX, Section (i) or (j), or both, of the 1988 agreement, and promptly shall segregate from its other assets a sum equal to the contractual withdrawal liability previously paid by any such 1988 agreement operator. ``(B) Each such 1988 agreement operator and any related persons are hereafter exempted from the requirements of subsections (a) and (b). ``(C) The 1992 UMWA Benefit Plan hereafter shall provide health benefits coverage to all beneficiaries who would have been eligible to receive health benefits under such 1988 agreement operator's individual employer plans, but for this paragraph. ``(D) The 1992 UMWA Benefit Plan shall assess no premiums against any such 1988 agreement operator under subparagraphs (A) and (B) of section 9712(d)(1) and, instead, shall assess such premiums against the Combined Fund, which shall promptly pay such premiums until the sum segregated with respect to such 1988 Agreement operator from the Combined Fund's other assets pursuant to this paragraph has been exhausted. The segregated sum shall continue to earn interest at the rate prescribed under section 6621 until such sum is exhausted, at which time the 1992 UMWA Benefit Plan shall commence assessing premiums against such 1988 agreement operator.'' (b) Conforming Amendment.--Subsections (a) and (b)(2) of section 9711 of the Internal Revenue Code of 1986 are each amended by striking the period at the end of the second sentence thereof and inserting ``, except as provided in subsection (g)(3).'' | Coal Industry Retiree Health Equity Act - Amends the Internal Revenue Code to reduce annual premiums to the United Mine Workers of America Combined Benefit Fund for eligible small assigned operators. Waives specified installment nonpayment penalties. Provides a one-time suspension of contributions for certain assigned operators. Revises the per beneficiary premium calculation. Provides for the disclosure of beneficiary employment history to a requesting assigned operator. Sets forth treatment of withdrawal liability provisions for certain 1988 agreement operators. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Student Information Means a Positive Loan Experience Act of 2007''. SEC. 2. PURPOSE. The purpose of this Act is to improve-- (1) the repayment plans available to borrowers of loans under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.); and (2) borrowers' understanding of-- (A) the repayment plans available for such loans; (B) the conditions under which such loans may be cancelled or forgiven; and (C) the availability of deferments, forbearance, and consolidation for such loans, and the impact on the balance of such loans and total interest paid of using those options. SEC. 3. FLEXIBLE REPAYMENT PLANS. (a) Student Loan Requirements.--Section 427(a)(2)(H) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(H)) is amended by inserting ``, and, if applicable, the option of electing to delay repayment or principal for the first 2 years of the repayment period'' before the semicolon at the end. (b) FFEL Repayment Plans.--Section 428(b)(9) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(9)) is amended-- (1) in subparagraph (A)-- (A) in the first sentence of the matter preceding clause (i), by inserting ``, and the election described in subparagraph (C)'' after ``thereon''; (B) in clause (ii), by inserting ``, which plan shall be established by the lender with the informed agreement of the borrower'' before the semicolon at the end; and (C) by striking clause (iv) and inserting the following: ``(iv) for new borrowers on or after October 7, 1998, who accumulate outstanding loans under this part totaling more than $20,000, an extended repayment plan, with a fixed annual or graduated repayment amount paid over an extended period, not to exceed 25 years, except that the borrower shall repay annually a minimum amount determined in accordance with paragraph (1)(L)(i).''; and (2) by adding at the end the following: ``(C) Option for first 2 years.--A lender shall offer each new borrower of loans on or after October 7, 1998, the opportunity to elect, for the first 2 years of repayment of such loans, to delay the repayment of principal, regardless of the repayment plan selected under this paragraph.''. (c) Direct Loan Repayment Plans.--Section 455(d) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)) is amended-- (1) in paragraph (1)-- (A) in the matter preceding subparagraph (A)-- (i) in the first sentence, by inserting ``, and the election described in paragraph (6)'' after ``the loan''; and (ii) in the third sentence, by striking ``may choose'' and inserting ``shall choose from''; and (B) in subparagraph (C), by striking ``428(b)(9)(A)(v)'' and inserting ``428(b)(9)(A)(iv)''; and (2) by adding at the end the following: ``(6) Option for first 2 years.--The Secretary shall offer each new borrower of loans on or after October 7, 1998, the opportunity to elect, for the first 2 years of repayment of such loans, to delay the repayment of principal, consistent with section 428(b)(9)(C).''. (d) Effective Date.--The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after October 7, 1998. SEC. 4. REVISED DEFINITION OF ECONOMIC HARDSHIP. Section 435(o)(1) of the Higher Education Act of 1965 (20 U.S.C. 1085(o)(1)) is amended-- (1) in subparagraph (A)(ii), by striking ``100 percent of the poverty line for a family of 2'' and inserting ``150 percent of the poverty line applicable to the borrower's family size''; and (2) in subparagraph (B)(ii), by striking ``to a family of 2'' and inserting ``to the borrower's family size''. SEC. 5. USEFUL AND COMPREHENSIVE STUDENT LOAN INFORMATION FOR BORROWERS. (a) Insurance Program Agreements.--Section 428(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)) is amended-- (1) in subparagraph (X), by striking ``and'' after the semicolon; (2) in subparagraph (Y)(ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(Z) provides that the lender shall, at the time the lender grants a deferment to a borrower who received a loan under section 428H and is eligible for a deferment under section 427(a)(2)(C), provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower's loan principal and total amount of interest to be paid during the life of the loan.''. (b) Guaranty Agreements.--Section 428(c)(3)(C) of the Higher Education Act of 1965 (20 U.S.C. 1078(c)(3)(C)) is amended-- (1) in clause (i), by striking ``and'' after the semicolon; (2) in clause (ii), by striking ``and'' after the semicolon; (3) by inserting after clause (ii) the following: ``(iii) the lender shall, at the time of granting a borrower forbearance, provide information to the borrower to enable the borrower to understand the impact of capitalization of interest on the borrower's loan principal and total amount of interest to be paid during the life of the loan; and ``(iv) the lender shall contact the borrower not less often than once every 180 days during the period of forbearance to inform the borrower of-- ``(I) the amount of unpaid principal and the amount of interest that has accrued since the last statement of such amounts provided to the borrower by the lender; ``(II) the fact that interest will accrue on the loan for the period of forbearance; ``(III) the amount of interest that will be capitalized, and the date on which capitalization will occur; ``(IV) the ability of the borrower to pay the interest that has accrued before the interest is capitalized; and ``(V) the borrower's option to discontinue the forbearance at any time; and''. (c) Lender Agreements.--Section 428C(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1078-3(b)(1)) is amended-- (1) in subparagraph (E), by striking ``and'' after the semicolon; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: ``(F) that the lender shall, upon application for a consolidation loan, provide the borrower with information about the possible impact of loan consolidation, including-- ``(i) the total interest to be paid and fees to be paid on the consolidation loan, and the length of repayment for the loan; ``(ii) whether consolidation would result in a loss of loan benefits under this part or part D, including loan forgiveness, cancellation, and deferment; ``(iii) in the case of a borrower that plans to include a Federal Perkins Loan under part E in the consolidation loan, that once the borrower adds the borrower's Federal Perkins Loan to a consolidation loan-- ``(I) the borrower will lose all interest-free periods that would have been available for such loan under part E, such as the periods during which no interest accrues on the Federal Perkins Loan while the borrower is enrolled in school at least half-time, the grace period, and the periods during which the borrower's student loan repayments are deferred under section 464(c)(2); and ``(II) the borrower will no longer be eligible for cancellation of part or all of a Federal Perkins loan under section 465(a); ``(iv) the ability of the borrower to prepay the consolidation loan, pay such loan on a shorter schedule, and to change repayment plans; ``(v) that borrower benefit programs for a consolidation loan may vary among different lenders; ``(vi) the consequences of default on the consolidation loan; and ``(vii) that by applying for a consolidation loan, the borrower is not obligated to agree to take the consolidation loan; and''. (d) Information Dissemination.--Subparagraph (M) of section 485(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)(M)) is amended to read as follows: ``(M) the terms and conditions of the loans that students receive under parts B, D, and E;''. (e) Exit Counseling.--Subparagraph (A) of section 485(b)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(b)(1)(A)) is amended by striking the subparagraph designation and all that follows through ``465.'' and inserting the following: ``(A) Each eligible institution shall, through financial aid offices or otherwise, provide counseling to borrowers of loans that are made, insured, or guaranteed under part B (other than loans made pursuant to section 428C or loans made to parents pursuant to section 428B), or made under part D (other than Federal Direct Consolidation Loans or Federal Direct PLUS Loans made to parents) or E, prior to the completion of the course of study for which the borrower enrolled at the institution or at the time of departure from such institution. The counseling required by this subsection shall include-- ``(i) information on the repayment plans available, including a discussion of the different features of each plan and sample information showing the difference in interest paid and total payments under each plan; ``(ii) the average anticipated monthly repayments under the standard repayment plan and, at the borrower's request, the other repayment plans for which the borrower is eligible; ``(iii) such debt and management strategies as the institution determines are designed to facilitate the repayment of such indebtedness; ``(iv) an explanation that the borrower has the ability to prepay each such loan, pay the loan on a shorter schedule, and change repayment plans; ``(v) the terms and conditions under which the student may obtain full or partial forgiveness or cancellation of principal or interest under sections 428J, 460, and 465 (to the extent that such sections are applicable to the student's loans); ``(vi) the terms and conditions under which the student may defer repayment of principal or interest or be granted forbearance under subsections (b)(1)(M) and (o) of section 428, 428H(e)(7), subsections (f) and (l) of section 455, and section 464(c)(2), and the potential impact of such deferment or forbearance; ``(vii) the consequences of default on such loans; ``(viii) information on the effects of using a consolidation loan to discharge the borrower's loans under parts B, D, and E, including, at a minimum-- ``(I) the effects of consolidation on total interest to be paid, fees to be paid, and length of repayment; ``(II) the effects of consolidation on a borrower's underlying loan benefits, including all grace periods, loan forgiveness, cancellation, and deferment opportunities; ``(III) the ability of the borrower to prepay the loan or change repayment plans; and ``(IV) that borrower benefit programs may vary among different loan holders; and ``(ix) a notice to borrowers about the availability of the National Student Loan Data System and how the system can be used by a borrower to obtain information on the status of the borrower's loans.''. (f) Conforming Amendment.--Section 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)) is amended by striking ``428C(b)(1)(F)'' and inserting ``428C(b)(1)(G)''. SEC. 6. REPORT REQUIRED. Section 141(c) of the Higher Education Act of 1965 (20 U.S.C. 1018(c)) is amended-- (1) in the subsection heading, by striking ``Plan and Report'' and inserting ``Plan, Report, and Briefing''; and (2) by adding at the end the following: ``(4) Briefing on enforcement of student loan provisions.-- The Chief Operating Officer shall provide an annual briefing to the members of the authorizing committees on the steps the PBO has taken and is taking to ensure that lenders are providing the information required under clauses (iii) and (iv) of section 428(c)(3)(C) and sections 428(b)(1)(Z) and 428C(b)(1)(F).''. | Student Information Means a Positive Loan Experience Act of 2007 - Amends the Higher Education Act of 1965 to give borrowers under the Federal Family Education Loan (FFEL) and Direct Loan (DL) programs the option to delay the repayment of principal on such loans for the first two years that they are in repayment, regardless of their repayment plan. Requires FFEL lenders to offer extended repayment plans to borrowers with $20,000 (currently, $30,000) of FFEL debt. Revises the definition of economic hardship to include individuals whose earnings do not exceed 150% of the poverty line applicable to their family size. Requires lenders that grant FFEL loan deferment or forbearance to inform borrowers of the impact such deferment or forbearance has on the ultimate cost of the loan. Directs lenders to inform borrowers seeking to consolidate loans: (1) of loan costs and repayment terms, including the ability to prepay or change repayment plans; (2) whether FFEL or DL repayment-related benefits will be lost; (3) that certain Federal Perkins Loan (PL) interest-free periods and deferment and cancellation options will be lost; (4) that other lenders may offer different terms; and (5) that applying for such loans does not oblige borrowers to take them. Requires schools to inform prospective and enrolled students of the terms and conditions of FFEL, DL, and PL loans. Adds to the exit counseling information schools must provide to student borrowers. Requires certain information regarding: (1) costs and repayment terms, including the ability to prepay or change repayment plans; (2) loan forgiveness and forbearance options; (3) the effects of consolidating such loans; and (4) the availability of the National Student Loan Data System for use in obtaining information on their loan status. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wild Sky Wilderness Act of 2003''. SEC. 2. FINDINGS AND STATEMENT OF POLICY. (a) Findings.--Congress finds the following: (1) Americans cherish the continued existence of diverse wilderness ecosystems and wildlife found on their Federal lands and share a strong sense of moral responsibility to protect their wilderness heritage as an enduring resource to cherish, protect, and bequeath undisturbed to future generations of Americans. (2) The values an area of wilderness offer to this and future generations of Americans are greatly enhanced to the degree that the area is diverse in topography, elevation, life zones and ecosystems, and to the extent that it offers a wide range of outdoor recreational and educational opportunities accessible in all seasons of the year. (3) Large blocks of wildlands embracing a wide range of ecosystems and topography, including low-elevation forests, have seldom remained undisturbed due to many decades of development. (4) Certain wildlands on the western slope of the Cascade Range in the Skykomish River valley of the State of Washington offer an outstanding representation of the original character of the forested landscape, ranging from high alpine meadows and extremely rugged peaks to low-elevation mature and old-growth forests, including groves with some of the largest and most spectacular trees in Washington, with diameters of eight feet and larger. (5) These diverse, thickly forested mountain slopes and valleys of mature and old-growth trees in the Skykomish River valley harbor nearly the full complement of the original wildlife and fish species found by settlers of the 19th century, including mountain goats, bald eagles, black bear, pine marten, black-tailed deer, as well as rare and endangered wildlife such as northern spotted owls and goshawks, Chinook and Coho salmon, and steelhead and bull trout. (6) An ecologically and topographically diverse wilderness area in the Skykomish River valley accessible in all seasons of the year will be enjoyable to users of various kinds, such as hikers, horse riders, hunters, anglers, and educational groups, but also to the many who cherish clean water and clean air, fish and wildlife (including endangered species such as wild salmon), and pristine mountain and riverside scenery. (b) Statement of Policy.--Congress hereby declares that it is the policy of the United States-- (1) to better serve the diverse wilderness and environmental education needs of the people of the State of Washington and its burgeoning metropolitan regions by granting wilderness protection to certain lower elevation wildlands in the Skykomish River valley of the State of Washington; and (2) to protect additional lands adjacent to the Henry M. Jackson Wilderness designated by section 3(8) of the Washington State Wilderness Act of 1984 (Public Law 98-339; 98 Stat. 300), in further tribute to the ecologically enlightened vision of the distinguished Senator from the State of Washington and former Chairman of the Committee on Energy and Natural Resources of the Senate. SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM, STATE OF WASHINGTON. (a) Wild Sky Wilderness.--Certain Federal lands in the State of Washington comprising approximately 106,000 acres, as generally depicted on the map entitled ``Wild Sky Wilderness Proposal, Map #1'' and dated January 7, 2003, are hereby designated as wilderness and, therefore, as a component of the National Wilderness Preservation System. The Federal lands designated as wilderness by this subsection shall be known as the Wild Sky Wilderness. (b) Maps and Legal Descriptions.--As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives. The map and description shall have the same force and effect as if included in this Act, except that the Secretary of Agriculture may correct clerical and typographical errors in the legal description and map. The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. (c) Administration.--Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this Act, except that, with respect to the Wild Sky Wilderness, any reference in the Wilderness Act to the effective date of the Wilderness Act shall be deemed to be a reference to the date of enactment of this Act. To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) New Trails.-- (1) Trail plan.--The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (A) A system of hiking and equestrian trails within the Wild Sky Wilderness in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.). (B) A system of trails adjacent to or to provide access to the Wild Sky Wilderness. (2) Implementation report.--Within two years after the date of enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the trail plan established under paragraph (1). The report shall include the identification of priority trails for development. (e) Maintenance and Use of Certain Structures.-- (1) Repeater site.--Within the Wild Sky Wilderness, the Secretary of Agriculture is authorized to use helicopter access to construct and maintain a joint Forest Service and Snohomish County repeater site, in compliance with a Forest Service approved communications site plan, for the purposes of improving communication for safety, health, and emergency services. (2) Evergreen mountain lookout.--The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (f) Access.-- (1) Private inholdings.--Consistent with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary of Agriculture shall assure adequate access to private inholdings in the Wild Sky Wilderness. (2) Float plane access.--As provided by section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the Secretary of Agriculture determines desirable. (g) Land Acquisition Authority.-- (1) In general.--The Secretary of Agriculture may acquire lands and interests therein in the Wild Sky Wilderness by purchase, donation, or exchange. The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal.--Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wild Sky Wilderness. (3) Boundary adjustment.--The boundaries of the Mt. Baker- Snoqualmie National Forests and the Wild Sky Wilderness shall be adjusted to reflect any land acquisitions or exchanges conducted under this subsection. SEC. 4. LAND EXCHANGES, CHELAN COUNTY PUBLIC UTILITY DISTRICT, WASHINGTON. (a) Land Exchanges Required.--In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally depicted on the map entitled ``Chelan County Public Utility District Exchange'' and dated May 22, 2002. (b) Acceptance of Lands.--If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary shall accept such lands if the title is acceptable to the Secretary and there is no hazardous material on such lands, which is objectionable to the Secretary. (c) Conveyance of Easement.--Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain an existing snowtel site on 1.82 acres of Federal land in the Wenatchee National Forest in the State of Washington. (d) Reversion.--As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to monitor the snow pack for calculating expected runoff into the Lake Chelan hydroelectric project and the hydroelectric projects in the Columbia River Basin. Upon receipt of such notice, the easement shall be extinguished and all rights conveyed under such subsection shall revert to the United States. | Wild Sky Wilderness Act of 2003 - Designates certain lands in the Skykomish River valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.Directs the Secretary to establish a hiking trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service-Snohomish County communication repeater site to provide improved communication for safety, health, and emergency purposes.Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions.Authorizes the Secretary to acquire lands in the Wild Sky Wilderness by purchase, donation, or exchange, with priority to be given to specified priority acquisition lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forests and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to assure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.Requires the Secretary to accept specified lands within the Snoqualmie National Forest, Washington from the Chelan County Public Utility District if the District offers such lands to the Secretary in exchange for a permanent easement, including helicopter access, to maintain an existing snowtel site on land within the Wenatchee National Forest, Washington.Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a snowtel site. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``People's Act of 2011''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. No Social Security or SSI cuts. Sec. 3. No Medicare cuts. Sec. 4. No Medicaid cuts. Sec. 5. No education cuts. SEC. 2. NO SOCIAL SECURITY OR SSI CUTS. (a) In General.--Title IV of the Budget Control Act of 2011 is amended by adding at the end the following new section: ``SEC. 405. NO SOCIAL SECURITY OR SSI CUTS. ``(a) In General.--The joint committee shall not include in its proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) any provision that-- ``(1) reduces eligibility, payments, or benefits, or otherwise reduces outlays, under title II of the Social Security Act (42 U.S.C. 401 et seq.) (including eligibility, payments, benefits, or outlays with respect to annuities under subsection (a), (c), or (d) of section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a(a), (c), (d)) or lump sum payments under section 6(b) of such Act (45 U.S.C. 231e(b))); or ``(2) reduces eligibility, payments, or benefits, or otherwise reduces outlays, under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). ``(b) No Application of Expedited Procedures.--If the joint committee bill includes a provision that violates subsection (a), the expedited procedures in section 402 shall not apply to such bill.''. (b) Conforming Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 404 the following new item: ``405. No Social Security or SSI cuts.''. SEC. 3. NO MEDICARE CUTS. (a) No Cuts Through Legislative Language of the Joint Select Committee.-- (1) In general.--Title IV of the Budget Control Act of 2011, as amended by section 2(a), is amended by adding at the end the following new section: ``SEC. 406. NO MEDICARE CUTS. ``(a) In General.--The joint committee shall not include in its proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or benefits, increases premiums or other cost-sharing, or otherwise reduces outlays under the Medicare program under title XVIII of the Social Security Act. ``(b) No Application of Expedited Procedures.--If the joint committee bill includes a provision that violates subsection (a), the expedited procedures in section 402 shall not apply to such bill.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act, as amended by section 2(b), is amended by inserting after the item relating to section 405 the following new item: ``Sec. 406. No Medicare cuts.''. (b) No Cuts Through Fallback Sequestration Process.--Section 251A(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, as inserted by section 302(a) of the Budget Control Act of 2011, is amended by striking ``except that the percentage reduction for the Medicare programs specified in section 256(d) shall not be more than 2 percent for a fiscal year'' and inserting ``except that there shall be no percentage reduction for the Medicare programs specified in section 256(d) for any fiscal year and in no case shall there be a reduction under such programs pursuant to a sequestration under section 3101A(f)(6) of title 31, United States Code''. SEC. 4. NO MEDICAID CUTS. (a) In General.--Title IV of the Budget Control Act of 2011, as amended by sections 2(a) and 3(a)(1), is amended by adding at the end the following new section: ``SEC. 407. NO MEDICAID CUTS. ``(a) In General.--The joint committee shall not include in its proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or benefits, increases premiums or other cost-sharing, or otherwise reduces outlays under the Medicaid program under title XIX of the Social Security Act. ``(b) No Application of Expedited Procedures.--If the joint committee bill includes a provision that violates subsection (a), the expedited procedures in section 402 shall not apply to such bill.''. (b) Clerical Amendment.--The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 406 the following: ``Sec. 407. No Medicaid cuts.''. SEC. 5. NO EDUCATION CUTS. (a) No Cuts Through Legislative Language of the Joint Select Committee.-- (1) In general.--Title IV of the Budget Control Act of 2011, as amended by sections 2(a), 3(a)(1), and (4)(a), is amended by adding at the end the following new section: ``SEC. 408. NO EDUCATION CUTS. ``(a) In General.--The joint committee shall not include in its proposed legislative language submitted pursuant to section 401(b)(3)(B)(iv) any provision that reduces eligibility, payments, or benefits, or otherwise reduces outlays or budget authority under-- ``(1) the Head Start Act (42 U.S.C. 9801 et seq.); or ``(2) any program administered by the Secretary of Education, including any program under-- ``(A) the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); ``(B) the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.); ``(C) the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.); or ``(D) the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). ``(b) No Application of Expedited Procedures.--If the joint committee bill includes a provision that violates subsection (a), the expedited procedures in section 402 shall not apply to such bill.''. (2) Clerical amendment.--The table of contents in section 1(b) of such Act, as amended by sections 2(b), 3(a)(2), and 4(b), is amended by inserting after the item relating to section 407 the following new item: ``Sec. 408. No education cuts.''. (b) No Cuts Through Fallback Sequestration Process.--Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985, as inserted by section 302(a) of the Budget Control Act of 2011, is amended by adding at the end the following new paragraph: ``(12) No cuts for education.--Notwithstanding any other provision of law, no sequestration order issued under this section or section 3101A of title 31, United States Code, or discretionary spending limit made under this section shall reduce eligibility, payments, or benefits under any Act or program referred to in section 405(a) of the Budget Control Act of 2011.''. | People's Act of 2011 - Amends the Budget Control Act of 2011 to prohibit the Joint Select Committee on Deficit Reduction from proposing any reductions in eligibility, payments, or benefits, or that would otherwise reduce outlays of budget authority for: (1) Social Security benefits under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act (SSA) or under SSA title XVI (Supplemental Security Income) (SSI); (2) the Medicare program under SSA title XVIII; (3) the Medicaid program under SSA title XIX; or (4) the Head Start Act or any program administered by the Secretary of Education, including any program under the Elementary and Secondary Education Act of 1965, the Individuals with Disabilities Education Act, the Higher Education Act of 1965, or the Rehabilitation Act of 1973. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``International Extradition Enforcement Act of 2001''. SEC. 2. ANNUAL REPORT ON EXTRADITION EFFORTS BETWEEN THE UNITED STATES AND FOREIGN GOVERNMENTS. (a) Annual Report.-- (1) In general.--Not later than January 1 of each year, the Secretary of State, in conjunction with the Attorney General, shall prepare and submit to the Congress an annual report on efforts between the United States and the governments of foreign countries to extradite to the United States individuals described in paragraph (2) during the preceding year. (2) Individuals described.--An individual described in this paragraph is an individual who is being held in custody by the government of a foreign country (or who is otherwise known to be in the foreign country), and with respect to which a competent authority of the United States-- (A) has charged with a major extraditable offense described in paragraph (3); (B) has found guilty of committing a major extraditable offense described in paragraph (3); or (C) is seeking extradition in order to complete a judicially pronounced penalty of deprivation of liberty for a major extraditable offense described in paragraph (3). (3) Major extraditable offenses described.--A major extraditable offense described in this paragraph is an offense of murder, attempted murder, manslaughter, aggravated assault, kidnapping, abduction, or other false imprisonment, rape, drug trafficking, or terrorism. (b) Additional Requirements.--The annual report required under subsection (a) shall also include the following: (1) The aggregate number of individuals described in subsection (a)(2) who are being held in custody by all governments of foreign countries (or are otherwise known to be in the foreign countries) during the preceding year. (2) With respect to each individual described in subsection (a)(2), the reasons why the individual has not been extradited to the United States and the specific actions the United States has taken to obtain extradition. SEC. 3. SANCTIONS AGAINST FOREIGN GOVERNMENTS THAT ARE UNCOOPERATIVE IN EXTRADITION EFFORTS WITH THE UNITED STATES. (a) Prohibition on Development and Security Assistance.-- (1) Prohibition.--Development assistance and security assistance may not be provided to a foreign government that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (2) Definitions.--In this subsection: (A) Development assistance.--The term ``development assistance'' means assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.). (B) Security assistance.--The term ``security assistance'' means assistance under-- (i)(I) chapter 2 of the Foreign Assistance Act of 1961 (22 U.S.C. 2311 et seq.); and (II) chapter 5 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.); and (ii) the Arms Export Control Act (22 U.S.C. 2751 et seq.). (b) Opposition to Multilateral Assistance.--The President shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) to use the voice, vote, and influence of the United States to oppose any proposal to provide any kind of assistance that would primarily benefit a foreign government that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (c) Denial of Visas.--No consular officer shall issue a visa to, and the Attorney General shall exclude from the United States, any alien who the Secretary of State determines is a high-ranking official of the government of a country that the President identifies under subsection (d) as uncooperative in extradition efforts with the United States. (d) Identification and Report.-- (1) Identification.--The President shall identify on an annual basis those foreign governments that are uncooperative in extradition efforts with the United States. In making an identification with respect to a foreign government under this paragraph, the President shall take into account information in the annual report required under section 2 and the following: (A) The extent to which the foreign government has a policy to refuse to extradite to the United States its citizens who are charged with, or found guilty of committing, major extraditable offenses described in section 2(a)(3), by such other countries. (B) Whether or not the foreign government, upon request by competent authorities of the United States, has failed to extradite to the United States during the preceding year 1 or more citizens of the United States who are described in section 2(a)(2). (C) Whether or not the foreign government, upon request by competent authorities of the United States (and in accordance with subsection (f), if applicable), has failed to extradite to the United States during the preceding 2-year period 5 or more individuals (involving unrelated extradition requests) described in section 2(a)(2). (D) The extent to which corruption in the foreign government jeopardizes the extradition process of that country. (2) Report.--Not later than March 1 of each year, the President shall prepare and transmit to the Congress a report containing a list of the foreign governments identified under paragraph (1). (e) Waiver by President.-- (1) Waiver.--The President may waive the prohibition on development assistance and security assistance under subsection (a), the requirement to oppose multilateral assistance under subsection (b), or the denial of visas under subsection (c), with respect to a foreign government if the President determines and certifies to the Congress that it is in the vital national interests of the United States to do so. (2) Congressional review.--Notwithstanding paragraph (1), if, not later than 60 calendar days after receipt of a certification of the President with respect to a foreign government under paragraph (1), a joint resolution is enacted disapproving the certification, then-- (A) funds may not be obligated or expended for development assistance or security assistance for the foreign country in accordance with subsection (a); (B) the requirement to oppose multilateral assistance under subsection (b) shall apply; and (C) the requirement to deny visas for high-ranking officials of the government of that country under subsection (c) shall apply. (f) Formal Complaint Procedures Relating to Denial of Extradition Requests.--The Attorney General shall establish procedures under which a competent authority of a State, which is requesting extradition of 1 or more individuals from a foreign country as described in subsection (d)(1)(C) and with respect to which the foreign country has failed to comply with such request, may submit to the Attorney General a formal complaint for purposes of determining whether or not the country has failed to extradite to the United States during the preceding 2-year period 5 or more individuals (involving unrelated extradition requests) in accordance with such subsection (d)(1)(C). SEC. 4. CRIMINAL PENALTIES. (a) Increased Penalty for Flight To Avoid Prosecution.--Section 1073 of title 18, United States Code, is amended by striking ``five years'' and inserting ``15 years''. (b) Transfers to Persons Resisting Extradition.-- (1) Generally.--Chapter 49 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1075. Transfers to persons resisting extradition ``Whoever knowingly transfers from the United States anything of value to a person who is in a foreign place with the intent to assist that person in resisting extradition to the United States shall be fined under this title or imprisoned not more than 10 years, or both.'' (2) Clerical amendment.--The table of sections at the beginning of chapter 49 of title 18, United States Code, is amended by adding at the end the following new item: ``1075. Transfers to persons resisting extradition.''. SEC. 5. RULE OF CONSTRUCTION. Nothing in this Act, or in any amendment made by this Act, shall be construed to affect any provision of an extradition treaty between the United States and a foreign government. | International Extradition Enforcement Act of 2001 - Directs the Secretary of State to report annually to Congress on efforts between the United States and a government of a foreign country to extradite to the United States an individual being held in custody by such government and whom the United States: (1) has charged with a major extraditable offense; (2) has found guilty of committing a major extraditable offense; or (3) is seeking to extradite to complete a judicially pronounced penalty of deprivation of liberty for a major extraditable offense. Defines "major extraditable offense" as murder, attempted murder, manslaughter, aggravated assault, kidnaping, abduction, or other false imprisonment, rape, drug trafficking, or terrorism.Prohibits the provision of development and security assistance to, or the issuance of a visa to any alien who is a high-ranking official of, a government of a country uncooperative in extradition efforts with the United States. Provides for the waiver of such prohibitions if it is in the vital national interests of the United States.Amends Federal criminal law to increase the criminal penalty for individuals who flee to avoid prosecution or give testimony in the United States. Imposes both civil and criminal penalties for persons who knowingly transfer from the United States anything of value to a person in a foreign country with the intent to assist such person in resisting extradition to the United States. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Electronic Benefit Transfer Interoperability and Portability Act of 2000''. SEC. 2. PURPOSES. The purposes of this Act are-- (1) to protect the integrity of the food stamp program; (2) to ensure cost-effective portability of food stamp benefits across State borders without imposing additional administrative expenses for special equipment to address problems relating to the portability; (3) to enhance the flow of interstate commerce involving electronic transactions involving food stamp benefits under a uniform national standard of interoperability and portability; and (4) to eliminate the inefficiencies resulting from a patchwork of State-administered systems and regulations established to carry out the food stamp program. SEC. 3. INTEROPERABILITY AND PORTABILITY OF FOOD STAMP TRANSACTIONS. Section 7 of the Food Stamp Act of 1977 (7 U.S.C. 2016) is amended by adding at the end the following: ``(k) Interoperability and Portability of Electronic Benefit Transfer Transactions.-- ``(1) Definitions.--In this subsection: ``(A) Electronic benefit transfer card.--The term `electronic benefit transfer card' means a card that provides benefits under this Act through an electronic benefit transfer service (as defined in subsection (i)(11)(A)). ``(B) Electronic benefit transfer contract.--The term `electronic benefit transfer contract' means a contract that provides for the issuance, use, or redemption of coupons in the form of electronic benefit transfer cards. ``(C) Interoperability.--The term `interoperability' means a system that enables a coupon issued in the form of an electronic benefit transfer card to be redeemed in any State. ``(D) Interstate transaction.--The term `interstate transaction' means a transaction that is initiated in 1 State by the use of an electronic benefit transfer card that is issued in another State. ``(E) Portability.--The term `portability' means a system that enables a coupon issued in the form of an electronic benefit transfer card to be used in any State by a household to purchase food at a retail food store or wholesale food concern approved under this Act. ``(F) Settling.--The term `settling' means movement, and reporting such movement, of funds from an electronic benefit transfer card issuer that is located in 1 State to a retail food store, or wholesale food concern, that is located in another State, to accomplish an interstate transaction. ``(G) Smart card.--The term `smart card' means an intelligent benefit card described in section 17(f). ``(H) Switching.--The term `switching' means the routing of an interstate transaction that consists of transmitting the details of a transaction electronically recorded through the use of an electronic benefit transfer card in 1 State to the issuer of the card that is in another State. ``(2) Requirement.--Not later than October 1, 2002, the Secretary shall ensure that systems that provide for the electronic issuance, use, and redemption of coupons in the form of electronic benefit transfer cards are interoperable, and food stamp benefits are portable, among all States. ``(3) Cost.--The cost of achieving the interoperability and portability required under paragraph (2) shall not be imposed on any food stamp retail store, or any wholesale food concern, approved to participate in the food stamp program. ``(4) Standards.--Not later than 210 days after the date of enactment of this subsection, the Secretary shall promulgate regulations that-- ``(A) adopt a uniform national standard of interoperability and portability required under paragraph (2) that is based on the standard of interoperability and portability used by a majority of State agencies; and ``(B) require that any electronic benefit transfer contract that is entered into 30 days or more after the regulations are promulgated, by or on behalf of a State agency, provide for the interoperability and portability required under paragraph (2) in accordance with the national standard. ``(5) Exemptions.-- ``(A) Contracts.--The requirements of paragraph (2) shall not apply to the transfer of benefits under an electronic benefit transfer contract before the expiration of the term of the contract if the contract-- ``(i) is entered into before the date that is 30 days after the regulations are promulgated under paragraph (4); and ``(ii) expires after October 1, 2002. ``(B) Waiver.--At the request of a State agency, the Secretary may provide 1 waiver to temporarily exempt, for a period ending on or before the date specified under clause (iii), the State agency from complying with the requirements of paragraph (2), if the State agency-- ``(i) establishes to the satisfaction of the Secretary that the State agency faces unusual technological barriers to achieving by October 1, 2002, the interoperability and portability required under paragraph (2); ``(ii) demonstrates that the best interest of the food stamp program would be served by granting the waiver with respect to the electronic benefit transfer system used by the State agency to administer the food stamp program; and ``(iii) specifies a date by which the State agency will achieve the interoperability and portability required under paragraph (2). ``(C) Smart card systems.--The Secretary shall allow a State agency that is using smart cards for the delivery of food stamp program benefits to comply with the requirements of paragraph (2) at such time after October 1, 2002, as the Secretary determines that a practicable technological method is available for interoperability with electronic benefit transfer cards. ``(6) Funding.-- ``(A) In general.--In accordance with regulations promulgated by the Secretary, the Secretary shall pay 100 percent of the costs incurred by a State agency under this Act for switching and settling interstate transactions-- ``(i) incurred after the date of enactment of this subsection and before October 1, 2002, if the State agency uses the standard of interoperability and portability adopted by a majority of State agencies; and ``(ii) incurred after September 30, 2002, if the State agency uses the uniform national standard of interoperability and portability adopted under paragraph (4)(A). ``(B) Limitation.--The total amount paid to State agencies for each fiscal year under subparagraph (A) shall not exceed $500,000.''. SEC. 4. STUDY OF ALTERNATIVES FOR HANDLING ELECTRONIC BENEFIT TRANSACTIONS INVOLVING FOOD STAMP BENEFITS. Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall study and report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate on alternatives for handling interstate electronic benefit transactions involving food stamp benefits provided under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), including the feasibility and desirability of a single hub for switching (as defined in section 7(k)(1) of that Act (as added by section 3)). Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | Directs the Secretary of Agriculture to promulgate regulations that: (1) adopt a national standard based upon a standard used by the majority of States; and (2) require any electronic benefit transfer contract (as defined by this Act) entered into 30 days or more after promulgation of such regulations be in accordance with the national standard. Authorizes the Secretary to provide a requesting State with a temporary deadline waiver based upon unusual technological barriers. Directs the Secretary to allow a State using a smart card food stamp delivery system to continue such system until a technological method is available for electronic benefit transfer card interoperability. Sets forth the conditions for full Federal payment of State switching costs, including annual fiscal year caps. Directs the Secretary of Agriculture to conduct a study of alternatives for handling food stamp benefit electronic transactions, including use of a single switching hub. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Digital Television Consumer Education Act''. SEC. 2. LABELING AND CONSUMER EDUCATION. Section 330 of the Communications Act of 1934 (47 U.S.C. 330) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) Labeling and Consumer Education.-- ``(1) Requirements for retail distributors and other vendors.-- ``(A) Retail distributors.--Any retail distributor of any television receiving equipment described in section 303(s) that does not include a digital tuner shall-- ``(i) effective 30 days after the date of enactment of the National Digital Television Consumer Education Act, place adjacent to each unit of such equipment that such distributor displays for sale or rent a consumer alert as provided by the manufacturer pursuant to paragraph (2), except that such distributor shall not be required to affix such label to the television screen on such equipment, as long as the label is-- ``(I) in the close vicinity of, and associated with, the unit on display; and ``(II) clearly visible to consumers; and ``(ii) effective 30 days after the enactment of the National Digital Television Consumer Education Act, provide information to consumers, on signs and in pamphlet form, in the display area for product categories that include any television receiving equipment described in section 303(s) that does not include a digital tuner television, sufficient to convey the information carried in the consumer advisory label. Such signs and pamphlets shall also include information on recycling old televisions, computer monitors, computer central processing units, fax machines, and scanners and other consumer electronics. ``(B) Other vendors.--Effective 30 days after the date of enactment of the National Digital Television Consumer Education Act, any seller via direct mail, catalog, or electronic means, such as the Internet, of any television receiving equipment described in section 303(s) that does not include a digital tuner, shall include in clear and conspicuous print the consumer alert required by paragraph (2) at the point of display for the apparatus, or, if there is no display, at the point of sale. Such information shall also include information on recycling old televisions and other consumer electronics. ``(2) Consumer alert.--The consumer alert required by this paragraph shall display in clear and conspicuous print, the following consumer alert: ``Consumer Alert ``This TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna because of the Nation's transition to digital broadcasting. The TV should continue to work as before with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. For more information, call the Federal Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or visit the Commission's digital television website at: www.dtv.gov. ``Nuncio Consumidor ``Esta TV tiene solo un sintonizador de emision analogo y por lo tanto requerira una caja de conversion despues del 17 de febrero de 2009 para recibir emisiones de TV terrestre con una antena, debido a la transicion nacional a la emision de TV digital. Esta continuara funcionando igualmente con TV por cable, sistema de TV satelite, consolas de juegos, videograbadoras, reproductores de DVD y productos similares. Si requiere mas informacion llame a la Comision Federal de Comunicaciones al 1-888-225-5322 (TTY: 1-888-835-5322) o visite el sitio web de la Comision en www.dtv.gov. ``(3) Other devices.--For devices other than television sets that are included in section 303(s) and that contain an analog tuner, but not a digital tuner, the Commission shall require the clear and conspicuous placement of a comparable consumer advisory label on such devices, as well as on the outside of the retail packaging of such devices. ``(4) Additional disclosures.-- ``(A) Announcements and notices required.--From the date of enactment of this Act through March 31, 2009-- ``(i) each television broadcaster shall air, at a minimum, 120 seconds per day of public service announcements between the hours of 6 a.m. and 11:35 p.m., at variable time slots throughout the week, with at least half aired between the hours of 5 p.m. and 11:35 p.m.; and ``(ii) any multichannel video program distributor shall include a notice in or with each periodic bill. ``(B) Content of announcements and notices.--The announcements and notices required by this paragraph shall educate consumers about the deadline for termination of analog television broadcasting and the equipment options consumers have after such termination. Announcements aired and notices distributed after January 1, 2009, shall also educate consumers about the need for and availability of the converter box voucher program and the steps to redeem the voucher.''. SEC. 3. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM. Part C of the National Telecommunications and Information Administration Organization Act is amended by inserting after section 158 (47 U.S.C. 942) the following new section: ``SEC. 159. DIGITAL TELEVISION CONSUMER EDUCATION GRANT PROGRAM. ``(a) Program Authorized.--The Assistant Secretary of Commerce for Communications and Information is authorized to establish a temporary grant program for the purpose of coordinating and leading a nationwide consumer education and outreach campaign regarding America's conversion to digital television. ``(b) Single Grant.--No later than January 31, 2009, and ending no earlier than March 31, 2009, the Assistant Secretary shall award a single grant from the program authorized by this section to one qualified entity. ``(c) Qualified Entity.--For purposes of this section, the term `qualified entity' shall be a corporation, organized under section 501(c)(3) of the Internal Revenue Code of 1986, that represents the interests of local noncommercial television stations at the national level, and consults with commercial broadcasters, consumer equipment manufacturers, electronics retailers, cable and satellite operators, consumer groups, older Americans, Hispanic Americans, Americans whose primary language is not English, Americans with disabilities, and Americans living in rural communities. ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2009. Such sums are authorized to remain available subject to subsection (e). ``(e) Termination.--Expenditures for the grant program under this section shall terminate on April 30, 2009.''. SEC. 4. ADDITIONAL FUNDS FOR THE CONVERTER BOX COUPON PROGRAM. (a) Amendment.--Section 3005 of the Digital Television Transition and Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 23) is amended-- (1) in subsection (b), by striking ``$1,500,000,000'' and inserting ``$1,700,000,000''; and (2) in subsection (c)(3), by striking ``by substituting `$1,500,000,000''' each place it appears in subparagraphs (A)(ii) and (B) and inserting ``by substituting `$1,700,000,000'''. (b) Conforming Amendment.--Section 309(j)(8)(E)(iii) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E)(iii)) is amended by striking ``$7,363,000,000'' and inserting ``$7,163,000,000''. | National Digital Television Consumer Education Act - Amends the Communications Act of 1934 to require retail distributors of television receiving equipment (TVs) to place adjacent to each unit displayed for sale a consumer alert in English and Spanish that the TV has only an analog broadcast tuner and will require a converter box after February 17, 2009, to receive over-the-air broadcasts with an antenna. Imposes similar requirements on sellers that use direct mail, catalog, or electronic means such as the Internet. Requires broadcaster public service announcements about the deadline for termination of analog TV broadcasting and the equipment options for consumers following such termination. Amends the National Telecommunications and Information Administration Organization Act to authorize the Assistant Secretary of Commerce for Communications and Information to establish a temporary grant program to coordinate and lead a nationwide consumer education and outreach campaign regarding America's conversion to digital television. Amends the Digital Television Transition and Public Safety Act of 2005 to increase funding for the program to provide coupons for digital-to-analog converter boxes. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Essential Transportation Worker Identification Credential Assessment Act''. SEC. 2. COMPREHENSIVE SECURITY ASSESSMENT OF THE TRANSPORTATION SECURITY CARD PROGRAM. (a) In General.--Not later than one year after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Comptroller General of the United States a comprehensive assessment of the effectiveness of the transportation security card program under section 70105 of title 46, United States Code, at enhancing security and reducing security risks for facilities and vessels regulated pursuant to section 102 of Public Law 107-295. Such assessment shall be conducted by a national laboratory that, to the extent practicable, is within the Department of Homeland Security laboratory network with expertise in maritime security or by a maritime security university- based center within the Department of Homeland Security centers of excellence network. (b) Contents.--The comprehensive assessment shall include-- (1) an evaluation of the extent to which the program, as implemented, addresses known or likely security risks in the maritime environment; (2) an evaluation of the extent to which deficiencies identified by the Comptroller General have been addressed; and (3) a cost-benefit analysis of the program, as implemented. (c) Corrective Action Plan; Program Reforms.--Not later than 60 days after the Secretary submits the assessment under subsection (a), the Secretary shall submit a corrective action plan to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that responds to the assessment under subsection (b). The corrective action plan shall include an implementation plan with benchmarks, may include programmatic reforms, revisions to regulations, or proposals for legislation, and shall be considered in any rule making by the Department relating to the transportation security card program. (d) Comptroller General Review.--Not later than 120 days after the Secretary issues the corrective action plan under subsection (c), the Comptroller General shall-- (1) review the extent to which such plan implements-- (A) recommendations issued by the national laboratory or maritime security university-based center, as applicable, in the assessment submitted under subsection (a); and (B) recommendations issued by the Comptroller General before the enactment of this Act; and (2) inform the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate as to the responsiveness of such plan to such recommendations. (e) Transportation Security Card Reader Rule.-- (1) In general.--The Secretary of Homeland Security may not issue a final rule requiring the use of transportation security card readers until-- (A) the Comptroller General informs the Committees on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and Commerce, Science and Transportation of the Senate that the submission under subsection (a) is responsive to the recommendations of the Comptroller General; and (B) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards. (2) Limitation on application.--Paragraph (1) shall not apply with respect to any final rule issued pursuant to the notice of proposed rulemaking on Transportation Worker Identification Credential (TWIC)-Reader Requirements published by the Coast Guard on March 22, 2013 (78 Fed. Reg. 17781) (f) Comptroller General Oversight.--Not less than 18 months after the date of the issuance of the corrective action plan under subsection (c), and every six months thereafter during the 3-year period following the date of the issuance of the first report under this subsection, the Comptroller General shall report to the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate regarding implementation of the corrective action plan. SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act, and this Act and such amendments shall be carried out using amounts otherwise available for such purpose. Passed the House of Representatives July 28, 2014. Attest: KAREN L. HAAS, Clerk. | Essential Transportation Worker Identification Credential Assessment Act - Directs the Secretary of Homeland Security (DHS) to submit to Congress and the Comptroller General (GAO) a comprehensive assessment of the effectiveness of the transportation security card program at enhancing security and reducing security risks for maritime facilities and vessels. Requires the assessment to be conducted, to the extent practicable, by a national laboratory within the DHS laboratory network or a maritime security university-based center within the DHS centers of excellence network. Directs the Secretary to submit to Congress a corrective action plan responding to the assessment which: (1) includes an implementation plan with benchmarks, and (2) shall be considered in any DHS rulemaking with respect to the transportation security card program. Directs the Comptroller General, within 120 days after the corrective action plan is issued, to: (1) review the extent to which it implements the recommendations of the national laboratory or the maritime security university-based center and of the Comptroller General, and (2) inform Congress as to the plan's responsiveness to such recommendations. Prohibits the Secretary from issuing a final rule requiring the use of transportation security card readers until: (1) the Comptroller General informs Congress that the submission is responsive to the GAO recommendations, and (2) the Secretary issues an updated list of transportation security card readers that are compatible with active transportation security cards. Requires the Comptroller General to report to Congress on implementation of the plan at least 18 months after it is issued, and every 6 months thereafter for the ensuing 3-year period. Declares that no additional funds are authorized to carry out this Act. Requires this Act to be carried out using amounts otherwise available for the purpose. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997''. Sec. 2. (a) Section 240A, subsection (e), of the Immigration and Nationality Act is amended-- (1) in the first sentence, by striking ``this section'' and inserting in lieu thereof ``section 240A(b)(1)''; (2) by striking ``, nor suspend the deportation and adjust the status under section 244(a) (as in effect before the enactment of the Illegal Immigration Reform and Immigrant Responsibility act of 1996),''; and (3) by striking the last sentence in the subsection and inserting in lieu thereof ``The previous sentence shall apply only to removal cases commenced on or after April 1, 1997, including cases where the Attorney General exercises authority pursuant to paragraph (2) or (3) of section 309(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009).''. (b) Section 309, subsection (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009) is amended by striking paragraph (7). (c) Section 240A of the Immigration and Nationality Act is amended-- (1) in subsection (b), paragraph (3), by striking ``(1) or (2)'' in the first and third sentences of that paragraph and inserting in lieu thereof ``(1), (2), or (3)''; (2) in subsection (b), by redesignating paragraph (3) as paragraph (4); (3) in subsection (d), paragraph (1), by striking ``this section.'' and inserting in lieu thereof ``subsections (a), (b)(1), and (b)(2).''; and (4) in subsection (b), by adding after paragraph (2) the following new paragraph: ``(3) Special rule for certain aliens.-- ``(A) The Attorney General may, in his or her discretion, cancel removal and adjust the status from such cancellation in the case of an alien who is removable from the United States if the alien demonstrates that-- ``(i) the alien has not been convicted at any time of an aggravated felony, and-- ``(I) is a Haitian-- ``(aa) who filed an application for asylum with the Immigration and Naturalization Service before October 15, 1994, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; or ``(bb) who was paroled into the United States prior to October 15, 1994, to file an application for asylum; ``(II) was not apprehended after December 19, 1990, at the time of entry, and is either-- ``(aa) a Salvadoran national who first entered the United States on or before September 19, 1990, who registered for benefits pursuant to the ABC settlement agreement on or before October 31, 1991, or applied for Temporary Protected Status on or before October 31, 1991; or ``(bb) a Guatemalan national who first entered the United States on or before October 1, 1990, and who registered for benefits pursuant to the ABC settlement agreement by December 31, 1991; or ``(cc) the spouse or unmarried son or daughter of an alien described in (aa) who entered the United States on or before September 19, 1990, or the spouse or unmarried son or daughter of an alien described in (bb) who entered the United States on or before October 1, 1990; or ``(III) is a Nicaraguan, Guatemalan, or Salvadoran who filed an application for asylum with the Immigration and Naturalization Service before April 1, 1990, and the Immigration and Naturalization Service had not granted, denied, or referred that application as of April 1, 1997; and ``(ii) the alien is not described in paragraph (4) of section 237(a) or paragraph (3) of section 212(a) of the Act; and ``(iii) the alien-- ``(I) is removable under any law of the United States except the provisions specified in subclause (II) of this clause, has been physically present in the United States for a continuous period of not less than seven years immediately preceding the date of such application, and proves that during all of such period he was and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in extreme hardship to the alien or to his spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or ``(II) is removable under paragraph (2) (other than section 237(a)(2)(A)(iii)) of section 237(a), paragraph (3) of section 237(a), or paragraph (2) of section 212(a), has been physically present in the United States for a continuous period of not less than 10 years immediately following the commission of an act, or the assumption of a status, constituting a ground for deportation, and proves that during all of such period he has been and is a person of good moral character, and is a person whose removal would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or to his spouse, parent or child, who is a citizen of the United States, or an alien lawfully admitted for permanent residence. ``(B) Subsection (d) of this section shall not apply to determinations under this paragraph, and an alien shall not be considered to have failed to maintain continuous physical presence in the United States under clause (A)(iii) of this paragraph if the alien demonstrates that the absence from the United States was brief, casual, and innocent, and did not meaningfully interrupt the continuous physical presence.''. (d) The amendments made by this section shall be effective as if included in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208, Division C, 110 Stat. 3009). Sec. 3. Any alien who has become eligible for suspension of deportation or cancellation of removal as a result of the amendments made by section 2, may, notwithstanding any other limitations on motions to reopen imposed by the Immigration and Nationality Act or by regulation, file one motion to reopen to apply for suspension of deportation or cancellation of removal. The Attorney General shall designate a specific time period in which all such motions to reopen must be filed. The period must begin no later than 120 days after the date of enactment of this Act and shall extend for a period of 180 days. | Fairness for Immigrants Facing Persecution in Their Native Country Act of 1997 - Amends the Immigration and Nationality Act to authorize the Attorney General to cancel the removal and adjust the status of certain Haitian and Central American aliens. |
SECTION 1. IMPRISONMENT OF CERTAIN VIOLENT FELONS. Section 3559 of title 18, United States Code, is amended-- (1) in subsection (b), by striking ``An'' and inserting ``Except as provided in subsection (c), an'' in lieu thereof; and (2) by adding the following new subsection at the end: ``(c) Imprisonment of Certain Violent Felons.-- ``(1) Mandatory life imprisonment.--Notwithstanding any other provision of law, a person who is convicted in a court of the United States of a serious violent felony shall be sentenced to life imprisonment if-- ``(A) the person has been convicted (and those convictions have become final) on 2 or more prior occasions in a court of the United States or of a State of-- ``(i) a serious violent felony; or ``(ii) one or more serious violent felonies and one or more serious drug offenses; and ``(B) each serious violent felony or serious drug offense used as a basis for sentencing under this subsection, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. ``(2) Definitions.--For purposes of this subsection-- ``(A) the term `assault with intent to commit rape' means an offense that has as its elements engaging in physical conduct by which a person intentionally places another person in fear of aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of this title); ``(B) the term `arson' means an offense that has as its elements maliciously damaging or destroying any building, inhabited structure, vehicle, vessel, or real property by means of fire or an explosive; ``(C) the term `extortion' means an offense that has as its elements the extraction of anything of value from another person by threatening or placing that person in fear of injury to any person or kidnapping of any person; ``(D) the term `firearms use' means an offense that has as its elements those described in section 924(c) or 929(a) of this title, if the firearm was brandished, discharged, or otherwise used as a weapon and the crime of violence or drug trafficking crime during and relation to which the firearm was used was subject to prosecution in a court of the United States or a court of a State, or both; ``(E) the term `kidnapping' means an offense that has as its elements the abduction, restraining, confining, or carrying away of another person by force or threat of force; ``(F) the term `serious violent felony' means-- ``(i) a Federal or State offense, by whatever designation and wherever committed, consisting of murder (as described in section 1111 of this title); manslaughter other than involuntary manslaughter (as described in section 1112 of this title); assault with intent to commit murder (as described in section 113(a) of this title); assault with intent to commit rape; aggravated sexual abuse and sexual abuse (as described in sections 2241 and 2242 of this title); abusive sexual contact (as described in sections 2244(a)(1) and (a)(2) of this title); kidnapping; aircraft piracy (as described in section 902(i)(2) or 902(n)(2) of the Federal Aviation Act of 1958); robbery (as described in section 2111 of this title); carjacking (as described in section 2119 of this title); extortion; arson; firearms use; or attempt, conspiracy, or solicitation to commit any of the above offenses; or ``(ii) any other offense punishable by a maximum term of imprisonment of 10 years or more that has as an element the use, attempted use, or threatened use of physical force against the person of another or that, by its nature, involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; ``(G) the term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States; and ``(H) the term `serious drug offense' means-- ``(i) an offense subject to a penalty provided for in section 401(b)(1)(A) or 408 of the Controlled Substances Act or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act; or ``(ii) an offense under State law that, had the offense been prosecuted in a court of the United States, would have been subject to a penalty provided for in section 401(b)(1)(A) or 408 of the Controlled Substances Act or section 1010(b)(1)(A) of the Controlled Substances Import and Export Act. ``(3) Nonqualifying felonies.-- ``(A) Robbery in certain cases.--Robbery, an attempt, conspiracy, or solicitation to commit robbery; or an offense described in paragraph (2)(F)(ii) shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that-- ``(i) no firearm or other dangerous weapon was involved in the offense; and ``(ii) the offense did not result in death or serious bodily injury (as defined in section 1365) to any person. ``(B) Arson in certain cases.--Arson shall not serve as a basis for sentencing under this subsection if the defendant establishes by clear and convincing evidence that.-- ``(i) the offense posed no threat to human life; and ``(ii) the defendant reasonably believed the offense posed no threat to human life. ``(4) Information filed by united states attorney.--The provisions of section 411(a) of the Controlled Substances Act (21 U.S.C. 851(a)) shall apply to the imposition of sentence under this subsection. ``(5) Rule of construction.--This subsection shall not be construed to preclude imposition of the death penalty. ``(6) Special Provision for Indian Country.--No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to this subsection for any offense for which Federal jurisdiction is solely predicated on Indian country as defined in section 1151 of this title and which occurs within the boundaries of such Indian country unless the governing body of the tribe has elected that this subsection have effect over land and persons subject to the criminal jurisdiction of the tribe. ``(7) Resentencing upon overturning of prior conviction.-- If the conviction for a serious violent felony which was a basis for sentencing under this subsection is found, pursuant to any appropriate State or Federal procedure, to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on the explicit basis of innocence, the person serving a sentence imposed under this subsection shall be resentenced to any sentence that was available at the time of the original sentencing.''. SEC. 2. LIMITED GRANT OF AUTHORITY TO BUREAU OF PRISONS. Section 3582(c)(1)(A) of title 18, United States Code, is amended-- (1) so that the margin of the matter starting with ``extraordinary'' and ending with ``reduction'' the first place it appears is indented an additional 2-ems; (2) by inserting a one-em dash after ``that'' the second place it appears; (3) by inserting a semicolon after ``reduction'' the first place it appears; (4) by indenting the first line of the matter referred to in paragraph (1) and designating that matter as clause (i); and (5) by inserting after such matter the following: ``(ii) the defendant is at least 70 years of age, has served at least 30 years in prison, pursuant to a sentence imposed under section 3559(c) of this title, for the offense or offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community, as provided under section 3142(g) of this title;''. | Amends the Federal criminal code to require that a person convicted in a Federal court of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted on two or more prior occasions in a Federal or State court of a serious violent felony or of one or more serious violent felonies and one or more serious drug offenses; and (2) each such offense, other than the first, was committed after the defendant's conviction of the preceding offense. Lists nonqualifying felonies, including: (1) robbery, or an attempt, conspiracy, or solicitation to commit robbery, if the defendant establishes by clear and convincing evidence that no firearm or other dangerous weapon was involved in the offense and that the offense did not result in death or serious bodily injury to any person; and (2) arson, if the defendant establishes that the offense posed no threat to human life and that the defendant reasonably believed the offense posed no such threat. Makes provisions of the Controlled Substances Act regarding information filed by the U.S. Attorney in proceedings to establish previous convictions applicable to the imposition of sentence under this Act. Specifies that: (1) this Act shall not be construed to preclude imposition of the death penalty; (2) no person subject to the criminal jurisdiction of an Indian tribal government shall be subject to the foregoing provisions for any offense for which Federal jurisdiction is solely predicated on, and which occurs within the boundaries of, Indian country, unless the governing body of the tribe has elected that such provisions have effect over land and persons subject to the tribe's criminal jurisdiction; and (3) if the conviction for a serious violent felony which was a basis for such sentencing is found to be unconstitutional or is vitiated on the explicit basis of innocence, or if the convicted person is pardoned on that basis, the person shall be resentenced to any sentence that was available at the time of the original sentencing. Limits the authority of the Bureau of Prisons to modify a term of imprisonment in extraordinary cases to situations where the defendant is at least 70 years of age and has served at least 30 years in prison pursuant to a sentence imposed under this Act for the offenses for which the defendant is currently imprisoned, and a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Multiparty, Multiforum Trial Jurisdiction Act of 2002''. SEC. 2. MULTIPARTY, MULTIFORUM JURISDICTION OF DISTRICT COURTS. (a) Basis of Jurisdiction.-- (1) In general.--Chapter 85 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1369. Multiparty, multiforum jurisdiction ``(a) In General.--The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if-- ``(1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; ``(2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or ``(3) substantial parts of the accident took place in different States. ``(b) Limitation of Jurisdiction of District Courts.--The district court shall abstain from hearing any civil action described in subsection (a) in which-- ``(1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and ``(2) the claims asserted will be governed primarily by the laws of that State. ``(c) Special Rules and Definitions.--For purposes of this section-- ``(1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title; ``(2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; ``(3) the term `injury' means-- ``(A) physical harm to a natural person; and ``(B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; ``(4) the term `accident' means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and ``(5) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. ``(d) Intervening Parties.--In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. ``(e) Notification of Judicial Panel on Multidistrict Litigation.-- A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action.''. (2) Conforming amendment.--The table of sections at the beginning of chapter 85 of title 28, United States Code, is amended by adding at the end the following new item: ``1369. Multiparty, multiforum jurisdiction.''. (b) Venue.--Section 1391 of title 28, United States Code, is amended by adding at the end the following: ``(g) A civil action in which jurisdiction of the district court is based upon section 1369 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place.''. (c) Removal of Actions.--Section 1441 of title 28, United States Code, is amended-- (1) in subsection (e) by striking ``(e) The court to which such civil action is removed'' and inserting ``(f) The court to which a civil action is removed under this section''; and (2) by inserting after subsection (d) the following: ``(e)(1) Notwithstanding the provisions of subsection (b) of this section, a defendant in a civil action in a State court may remove the action to the district court of the United States for the district and division embracing the place where the action is pending if-- ``(A) the action could have been brought in a United States district court under section 1369 of this title; or ``(B) the defendant is a party to an action which is or could have been brought, in whole or in part, under section 1369 in a United States district court and arises from the same accident as the action in State court, even if the action to be removed could not have been brought in a district court as an original matter. The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in State court, or at a later time with leave of the district court. ``(2) Whenever an action is removed under this subsection and the district court to which it is removed or transferred under section 1407(j) has made a liability determination requiring further proceedings as to damages, the district court shall remand the action to the State court from which it had been removed for the determination of damages, unless the court finds that, for the convenience of parties and witnesses and in the interest of justice, the action should be retained for the determination of damages. ``(3) Any remand under paragraph (2) shall not be effective until 60 days after the district court has issued an order determining liability and has certified its intention to remand the removed action for the determination of damages. An appeal with respect to the liability determination of the district court may be taken during that 60-day period to the court of appeals with appellate jurisdiction over the district court. In the event a party files such an appeal, the remand shall not be effective until the appeal has been finally disposed of. Once the remand has become effective, the liability determination shall not be subject to further review by appeal or otherwise. ``(4) Any decision under this subsection concerning remand for the determination of damages shall not be reviewable by appeal or otherwise. ``(5) An action removed under this subsection shall be deemed to be an action under section 1369 and an action in which jurisdiction is based on section 1369 of this title for purposes of this section and sections 1407, 1697, and 1785 of this title. ``(6) Nothing in this subsection shall restrict the authority of the district court to transfer or dismiss an action on the ground of inconvenient forum.''. (d) Service of Process.-- (1) Other than subpoenas.-- (A) In general.--Chapter 113 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1697. Service in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, process, other than subpoenas, may be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (B) Table of sections.--The table of sections at the beginning of chapter 113 of title 28, United States Code, is amended by adding at the end the following: ``1697. Service in multiparty, multiforum actions.''. (2) Service of subpoenas.-- (A) In general.--Chapter 117 of title 28, United States Code, is amended by adding at the end the following: ``Sec. 1785. Subpoenas in multiparty, multiforum actions ``When the jurisdiction of the district court is based in whole or in part upon section 1369 of this title, a subpoena for attendance at a hearing or trial may, if authorized by the court upon motion for good cause shown, and upon such terms and conditions as the court may impose, be served at any place within the United States, or anywhere outside the United States if otherwise permitted by law.''. (B) Table of sections.--The table of sections at the beginning of chapter 117 of title 28, United States Code, is amended by adding at the end the following: ``1785. Subpoenas in multiparty, multiforum actions.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of enactment of this Act. | Multiparty, Multiforum Trial Jurisdiction Act of 2002 - Amends the Federal judicial code to grant Federal district courts original jurisdiction over any civil action involving minimal diversity of citizenship between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if: (1) a defendant resides in a State and a substantial part of the accident took place in another State or other location; (2) any two defendants reside in different States; or (3) substantial parts of the accident took place in different States. Directs the district court to abstain from hearing any such action in which: (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State.Authorizes venue for such action in any district in which a defendant resides or in which a substantial part of the accident occurred. Permits a district court to retain such actions for the determination of liability and damages.Permits removal of actions which could have been brought in district court under the above provisions from State to U.S. district courts. Establishes a presumption in favor of discretionary remand to State courts for damages determinations after rulings on liability.Authorizes nationwide service of process and, upon a showing of good cause, nationwide service of subpoenas with regard to actions under this Act. |
SECTION 1. FINDINGS AND PURPOSE. (a) Findings.--Congress finds that-- (1) there has been substantial work done to identify infants and children-- (A) who are born to young single mothers, substance abusing women, homeless women, women who are economically and educationally disadvantaged, and women in unstable domestic situations; and (B) born, in many instances, to women who are involved, or at risk of becoming involved, with the foster care or child justice system; (2) numerous nonresidential programs have been established to improve infant and child outcomes for children born to poor, young, and generally single mothers, and many of these programs have been successful; and (3) residential programs have been demonstrated to be very effective for, and are critically important to, special populations of high-risk and disadvantaged pregnant women, including-- (A) those who are addicted or at-risk for substance abuse; (B) those who are homeless; (C) those in unstable domestic situations; and (D) women with other high-risk characteristics, such as previous or current involvement with the foster care or child justice system. (b) Purpose.--It is the purpose of this Act to establish residential programs for special populations of high-risk and disadvantaged pregnant women and their children that will provide comprehensive support services to protect and enhance the first year of life of the children of such women and provide the mothers of such children with an opportunity for a proper maternal beginning. Such programs will target the women described in subsection (a)(3) and provide a more intensive array of the many services that are part of nonresidential programs, together with vocational, home management, and transitional housing assistance. SEC. 2. RESIDENTIAL PROGRAMS FOR PREGNANT WOMEN AND CHILDREN. Part B of the Public Health Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end thereof the following new section: ``SEC. 320A. RESIDENTIAL PROGRAMS FOR PREGNANT WOMEN AND CHILDREN. ``(a) Establishment.--The Secretary shall establish a program under which grants shall be awarded to eligible entities to enable such entities to establish residential programs for special populations of high-risk and disadvantaged pregnant women and their children to provide the services described in subsection (d) to such women. ``(b) Eligible entities.--To be eligible to receive a grant under subsection (a), an entity shall be a-- ``(1) nonprofit transitional, homeless shelter or a permanent housing program; ``(2) federally funded public housing organization; ``(3) housing organization that serves tenants living in housing assisted under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f); and ``(4) community-based drug treatment center, domestic violence shelter, or other health center; or ``(5) any other entity determined appropriate by the Secretary. ``(c) Application.--To be eligible to receive a grant under subsection (a), an eligible entity 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-- ``(1) a description of the manner in which the services required under subsection (d) will be provided using amounts made available under the grant; ``(2) information sufficient to demonstrate that the applicant will assure the provision of the full array of services described in subsection (d); ``(3) information sufficient to demonstrate that the applicant has access to a suitable housing facility, as described in subsection (f); ``(4) a description of the applicants plan for assuring housing for all program participants and their children after such participants complete the program; ``(5) information sufficient to demonstrate that the applicant has linkages with public and other community agencies that can assist in locating and facilitating appropriate housing; ``(6) information demonstrating that the applicant has established a relationship with child welfare agencies and child protective services that will enable the applicant, where appropriate, to-- ``(A) provide advocacy on behalf of substance abusers and the children of substance abusers in child protective services cases; ``(B) provide services to help prevent the unnecessary placement of children in substitute care; and ``(C) promote reunification of families or permanent plans for the placement of the child; and ``(7) any other information determined appropriate by the Secretary. ``(d) Services.--A residential program established under this section shall provide the following comprehensive services (which should be provided in the language and cultural context appropriate for the mother and her family): ``(1) Medical Services.--Medical services which shall include-- ``(A) assessment and screening to determine the medical needs of the mother and her family; ``(B) referrals and linkages to-- ``(i) appropriate prenatal, obstetric and pediatric medical service providers in the community or referral to other providers as needed; ``(ii) community health clinics; and ``(iii) other public health service and community-based providers that would be likely to provide similar services; ``(C) on-site provision of or referral to appropriate community-based agencies for addiction and substance abuse education, counseling, treatment, and referral (to outpatient counseling upon discharge) services as needed; and ``(D) psychological services for mothers and children, as needed. ``(2) Parenting, job counseling, and other services.--Other services which shall include-- ``(A) assessment and screening to determine parenting, job counseling, and social service needs of the mother and her family; ``(B) parenting skills counseling and education, specifically focusing on techniques to stimulate cognitive development in infants; ``(C) access to schools for children and mothers where appropriate; ``(D) day care for children when their mothers are attending other programs, as needed; ``(E) job counseling and referral to existing job training programs; ``(F) structured re-entry counseling and other related activities, including follow-up services; ``(G) referrals and linkages to other needed services; ``(H) transitional housing assistance, as needed; ``(I) transportation services with respect to an educational institution or a job training site, as needed; and ``(J) case management throughout the duration of the program, including assistance with applications for assistance under titles IV and XIX of the Social Security Act, the Food Stamp Act of 1977, after care programs, and other service programs described in this section. ``(e) Eligible Women.-- ``(1) In general.--To be eligible to receive services provided under a residential program established under this section, an individual shall be a pregnant woman who is a member of a special population of disadvantaged pregnant women, including-- ``(A) women who are addicted or at-risk for substance abuse; ``(B) women who are homeless; ``(C) women who are in unstable domestic situations; and ``(D) women who are referred to the program due to other high-risk characteristics. ``(2) Admittance into program.--Women shall be admitted into a residential program under this section upon a determination of eligibility and may remain in such program until their infant reaches 1 year of age. All children of eligible pregnant women shall be admitted into the program and shall be permitted to remain in the program so long as their mother also remains in the program. ``(f) Suitable Housing Facilities.-- ``(1) In general.--In meeting the requirement of subsection (c)(3), an entity receiving a grant under this section shall secure access to and the use of an appropriate facility, as determined by the Secretary, for the housing of pregnant women and their children in a home-like setting. ``(2) Limitation.--Amounts made available under a grant awarded under this section may not be used for the rehabilitation, construction, purchase, or leasing of property. Such amounts may be used for residential support services, including furniture, supplies, security, maintenance, utilities, and administrative services. ``(g) Peer Review.--The Secretary shall provide for the establishment of a peer review panel to perform the initial review of applications submitted for assistance under this section and to make recommendations to the Secretary with respect to such applications. ``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, $250,000,000 for each of the fiscal years 1994 through 1996.''. | Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make grants to establish residential programs for special populations of high-risk and disadvantaged pregnant women and their children. Sets forth provisions regarding eligibility of entities to receive such grants and application requirements. Requires such programs to provide specified services in the language and cultural context appropriate for the mother and her family, such as: (1) medical services (including assessment and screening, referrals, and psychological services); and (2) parenting, job counseling, and other services. Sets forth provisions regarding: (1) eligibility of women to receive services under such programs; (2) housing facilities; and (3) peer review. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Red Hill Oversight and Environmental Protection Act of 2017''. SEC. 2. DEFINITIONS. In this Act: (1) Administrative order on consent/statement of work; (aoc/sow).--The terms ``Administrative Order on Consent/ Statement of Work'' and ``(AOC/SOW)'' mean a legally enforceable agreement between the United States Department of the Navy (Navy), the Defense Logistics Agency (DLA), the United States Environmental Protection Agency (EPA), Region 9, and the State of Hawaii Department of Health (DOH) that the parties voluntarily entered into on September 28, 2015 (EPA DKT NO. RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01). (2) Congressional defense committees.--The term ``congressional defense committees'' has the meaning given the term in section 101(a)(16) of title 10, United States Code. (3) Facility.--The term ``facility'' means the Red Hill Bulk Fuel Storage Facility located on Oahu, Hawaii. SEC. 3. FINDINGS. Congress makes the following findings: (1) Construction on the Red Hill Bulk Fuel Storage Facility began in secret in December 1940. (2) More than 3,900 workers constructed the underground facility. (3) Construction of the facility continued nonstop except for the time of the attack on Pearl Harbor, on December 7, 1941. The facility was completed in September 1943, nine months ahead of schedule. (4) The facility was constructed underground in hollowed out volcanic rock to allow for maximum protection of the fuel supply. (5) The facility's 20 steel tanks are encased by 2.5-4 feet of concrete and surrounded by basalt bedrock. (6) Only 18 fuel tanks are currently operational. (7) The facility is the largest single Department of Defense fuel storage facility in the Pacific theater. (8) The facility protects more than 250,000,000 gallons of fuel. (9) The fuels stored are marine diesel, F-76, and two types of jet fuel: JP-5 and JP-8. (10) The fuel stored at the facility directly supports vessels and aircraft of-- (A) the United States Navy and Air Force in Hawaii, the Pacific theater, and around the world; (B) the Hawaii National Guard; (C) the United States Coast Guard; and (D) the National Oceanic and Atmospheric Administration. (11) The facility allows the United States military to-- (A) maintain a forward presence; (B) build cooperation with partner nations, including through the biannual Rim of the Pacific exercise; (C) ensure maritime security; and (D) maintain regional stability. (12) Military forward presence-- (A) keeps sea lanes open; and (B) ensures the free flow of commerce to Hawaii, the continental United States, and the Indo-Asia- Pacific region. (13) In 1991, the facility was used as a transfer point for moving fuel from the continental United States to the Persian Gulf. (14) This transfer of fuel was done as part of the first Gulf War. (15) The facility was declassified in 1995. (16) The facility is physically protected and cyber- hardened. (17) The facility can be operated entirely off the electric grid by using gravity flow to transport fuel from the facility to Pearl Harbor, Hickam Airfield, and a truck loading site. (18) The facility is located approximately 100 feet above the basal groundwater table on the boundary of the Waimalu and Moanalua Aquifer Systems. (19) The Waimalu and Moanalua aquifers are sources of potable water and are potentially vulnerable to contamination from an unscheduled discharge of fuel from the facility. (20) The Navy and the Defense Logistics Agency have kept the drinking water safe through 70 years of operation. (21) The Navy and the Defense Logistics Agency are responsible for protecting the public from unscheduled fuel leaks that may pose a risk to the drinking water. (22) The facility has experienced unscheduled fuel leaks as evidenced by stains beneath several of the existing fuel tanks. (23) Chronic releases of petroleum, oils, and lubricants have the potential to cause damage to Oahu's drinking water supply. (24) Historic records compiled by the Navy in a 2008 ground water protection plan indicated that there were more than 30 leaks dating back to 1947. (25) The 2008 ground water protection plan suggested at least 170,000 gallons of fuel has leaked since the facility began operating. (26) In January 2014, the United States Navy discovered a loss of fuel from Tank #5 and notified the Environmental Protection Agency and the Hawaii Department of Health (DOH). (27) The Navy estimated the fuel loss at approximately 27,000 gallons. (28) Following the January 2014 fuel release, the EPA and DOH negotiated an enforceable agreement, an Administrative Order on Consent (AOC), with the Navy and the DLA [EPA DKT NO. RCRA 7003-R9-2015-01/DOH DKT NO. 15-UST-EA-01]. (29) The order requires the Navy and the DLA to take actions, subject to DOH and EPA approval. (30) The order addresses fuel releases and implementable infrastructure improvements to protect human health and the environment. (31) The order includes a Statement of Work (SOW) that lays out the specific tasks the Navy and the DLA must implement. (32) The SOW consists of 8 sections on overall project management: (A) Tank inspection. (B) Repair and maintenance. (C) Tank upgrade alternatives. (D) Release detection and tank tightness testing. (E) Corrosion and metal fatigue practices. (F) Investigation and remediation of releases. (G) Groundwater protection and evaluation. (H) Risk and vulnerability assessment. (33) Each section includes deadlines for the Navy and DLA to meet planned deliverables. (34) The Fiscal Year 2018-2019 Area Cost Factor for Pearl Harbor is 2.26. (35) The Area Cost Factor may impact decisionmaking for sustainment, repair, and maintenance priorities. (36) Since the January 2014 fuel loss, the Navy has-- (A) increased standards for contractor workmanship; (B) increased government oversight; (C) updated operator procedures; (D) increased training; (E) instituted new safeguards, checks, balances, and alarm procedures; and (F) installed two additional groundwater monitoring wells. (37) The facility has 12 total groundwater monitoring sites. SEC. 4. SENSE OF CONGRESS. It is the sense of Congress that-- (1) the facility is a national strategic asset that-- (A) supports combatant commander theater security requirements; (B) supports contingency operations; (C) provides essential and timely support to the United States and allies' military mobilizations and disaster response efforts in the Indo-Asia-Pacific and around the world; and (D) is routinely used to support normal transit of Navy and Air Force movements in the region; (2) the facility in its current form cannot be replicated anywhere else in the world; (3) moving the fuel to another storage facility in the Indo-Asia-Pacific would have implications for the United States military force structure in the State of Hawaii and put at risk billions of dollars in annual economic activity that the Armed Forces bring to the State of Hawaii; (4) if the facility were closed, the United States Armed Forces would be unable to support the National Military Strategy, including the goals of the United States Pacific Commander, and national security interests would be significantly undermined; (5) constant vigilance is required to ensure that facility degradation and fuel leaks do not pose a threat to the people of Hawaii, especially the drinking water on Oahu; (6) despite its importance, the facility continues to face long-term challenges without robust and consistent funding that provides the Navy and DLA with the resources needed to improve the tanks and associated infrastructure; (7) achieving the AOC/SOW deliverables is a multiyear effort that will require sustained commitment from the Department of Defense and Congress; (8) the annual budget submissions of the Department of Defense and the Environmental Protection Agency must adequately reflect the funding requirements necessary to meet the deliverables committed to under the AOC/SOW; (9) the Department of Defense must also include information about how future years budgets will support the near-term and long-term measures detailed in the reported schedule of work to prevent future fuel leaks; and (10) for facility sustainment and maintenance, Pearl Harbor has a high Area Cost Factor (ACF), and the Department of Defense should develop a strategy that fiscally accounts for that ACF. SEC. 5. BUDGET SUBMISSIONS. (a) Department of Defense.-- (1) Annual budget justification.--The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that the budget justification materials submitted to Congress in support of the Department of Defense budget for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) include a description of how the Department will use funds to support any deliverables that the parties to the AOC/SOW have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii. (2) Future years defense program.--The Secretary of Defense, in consultation with the Secretary of the Navy, shall ensure that each future-years defense program submitted to Congress under section 221 of title 10, United States Code, describes how the Department will use funds to support any deliverables that the parties to the AOC/SOW have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii, in the period covered by the future-years defense program. (b) Environmental Protection Agency.--The Administrator of the Environmental Protection Agency shall ensure that the budget justification materials submitted to Congress in support of the budget for the Agency for any fiscal year (as submitted with the budget of the President under section 1105(a) of title 31) includes a description of how the Agency will use funds to support any deliverables that the parties of the AOC/SOW have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii. SEC. 6. ANNUAL LOCALITY ADJUSTMENT OF DOLLAR THRESHOLDS APPLICABLE TO RED HILL. (a) In General.--Notwithstanding the dollar limitations in section 2805 of title 10, United States Code, the Secretary of Defense may obligate or expend, from the amounts described in subsection (b), not more than $6,780,000 to carry out an unspecified minor military construction project for the sustainment and maintenance of the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii. (b) Amounts.--The amounts described in this subsection are-- (1) amounts authorized to be appropriated for the Department of Defense for operation and maintenance, Defense- wide, for any of fiscal years 2017 through 2030; and (2) amounts authorized to be appropriated for the Department of Defense for military construction not otherwise authorized by law for any of fiscal years 2017 through 2030. (c) Notification.--In accordance with section 2805(b) of title 10, United States Code, the Secretary shall submit to the congressional defense committees written notice of any decision to carry out an unspecified minor military construction project under subsection (a). Such notice shall include-- (1) the justification for the project; and (2) the estimated cost of the project. (d) Sunset.--The authority to carry out a project under subsection (a) shall terminate on September 30, 2030. | Red Hill Oversight and Environmental Protection Act of 2017 This bill requires the Department of Defense (DOD) to ensure that: (1) its budget justification materials submitted to Congress include a description of how it will use funds to support any deliverables that the parties of the agreement between the Department of the Navy, the Defense Logistics Agency, the Environmental Protection Agency (EPA), Region 9, and the State of Hawaii Department of Health, entered into on September 28, 2015, have identified as necessary to mitigate and prevent fuel leaks at the Red Hill Bulk Fuel Storage Facility on Oahu, Hawaii; and (2) each future-years defense program describes how DOD will use funds to support deliverables that the parties to such agreement identified as necessary to mitigate and prevent such leaks. The EPA must ensure that its budget justification materials submitted to Congress include a description of how it will use funds to support such deliverables. DOD may obligate or expend specified amounts to carry out an unspecified minor military construction project for the sustainment and maintenance of the facility. DOD shall submit to the congressional defense committees written notice of any decision to carry out such project, including a justification for, and the estimated cost of, such project. The authority to carry out such project shall terminate on September 30, 2030. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Carcinogen-Free Label Act of 2012''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Approximately 1.5 million Americans, including children, are diagnosed with cancer annually. (2) Over 500,000 Americans die from cancer every year. (3) Less than 5 percent of all cancers are caused by genetic factors. (4) Cancer is the top cause of disease-related death for American children and adolescents. (5) Children are more vulnerable to environmental carcinogens than adults. (6) Reducing exposure to carcinogens reduces risk of cancer. (7) The average consumer currently lacks the ability to easily identify products that do not contain carcinogens. (8) Consumers benefit from additional information about the potential health impact of products they use. (9) When comparing products to purchase for their families, many consumers use potential health impact as a determining factor. (10) The 2008-2009 Annual Report of the President's Cancer Panel urges action to prevent environmental and occupational exposure to carcinogens. (b) Purpose.--The purpose of this Act is to enable consumers to reduce their exposure to carcinogens by allowing manufacturers to affix a Carcinogen-Free label to products that do not contain known or probable carcinogens through a voluntary process that does not require public disclosure of trade secrets. SEC. 3. CARCINOGEN-FREE LABELS. (a) In General.--The head of each Federal department or agency that regulates a covered product shall establish in that department or agency a program to permit the labeling of covered products that do not contain any carcinogens as ``Carcinogen-Free''. (b) Development of Label.--The heads of each Federal department or agency that regulates a covered product shall coordinate to develop an easily recognizable label to be affixed to a covered product to signify that the product has been approved for labeling as ``Carcinogen-Free''. Such label shall include the following notice: ``This product does not contain known or likely carcinogens that increase your risk of cancer.''. (c) Premarket Approval of Label.-- (1) In general.--It shall be unlawful to introduce or offer for introduction into interstate commerce a covered product affixed with a ``Carcinogen-Free'' label described under subsection (b)-- (A) if the head of each Federal department or agency that regulates the product has not approved an application submitted under paragraph (2) for the labeling of the product as ``Carcinogen-Free''; or (B) if the product contains any substance that is not listed in such application. (2) Application.--Any person may submit an application for the labeling of a covered product as ``Carcinogen-Free''. Such application shall include a list of all the substances contained within the product, and shall be accompanied by a sample of the product. (3) Criteria for approval.--The head of each Federal department or agency to which an application is submitted under paragraph (2) shall approve the application if such head determines that-- (A) the application accurately lists all substances contained in the product; (B) the product does not contain any carcinogens; (C) the product does not contain any substances that display carcinogenicity upon degradation, upon interactions with other substances contained within the product or exposed to the product, during storage or transportation, or during intended use of the product, as determined by such head based on previous findings made by such department or agency; and (D) the applicant has demonstrated a plan to comply with guidance issued under subsection (e) relating to manufacture, storage, and transportation. (4) Confidentiality of information.--Any information provided to the head of a Federal department or agency under paragraph (2)-- (A) shall be kept confidential by such department or agency, and shall be treated as trade secrets or confidential information for purposes of section 552(b)(4) of title 5, United States Code, and section 1905 of title 18, United States Code; (B) may not be used for any purpose other than approval of an application under this subsection; and (C) may not be made public except with the prior written consent of the applicant. Submission of an application under paragraph (2) does not constitute disclosure of trade secrets by the applicant or public disclosure for the determination of patentability, and any information contained in an application may not be used as prior art to a claimed invention. (5) Label integrity.--The head of each agency to which applications are submitted under paragraph (2) shall-- (A) conduct random testing of covered products for which applications are submitted for approval under such paragraph to ensure that the applications accurately list all the substances contained in such products; (B) conduct random audits of facilities in which such covered products are manufactured; and (C) take reasonable measures to ensure compliance with agency guidance issued under subsection (e) relating to manufacture, storage, and transportation of such covered products. (6) Fees.--The head of each Federal department or agency may charge a reasonable fee for the submission and approval of an application under paragraph (2). The amount of such fee shall be the amount necessary to result in an estimated total revenue from all such fees received by the department or agency that is equal to the estimated total cost of the program established by the department or agency under subparagraph (a). (d) Penalty for Violations.--In addition to any other penalty authorized by law, any person who knowingly violates subparagraph (A) or (B) of subsection (c)(1) shall be subject to a civil penalty of not more than $100,000. (e) Guidance To Prevent Indirect Introduction of Carcinogens.--The head of each Federal department or agency that regulates a covered product shall issue guidance to prevent the introduction of carcinogens into such covered product during the manufacture, storage, and transportation of such covered product. (f) National List.--The head of each Federal department or agency that regulates a covered product shall each post on the public website of that department or agency a list of all covered products regulated by that department or agency that have been approved for labeling as ``Carcinogen-Free''. (g) Definitions.--In this section: (1) Carcinogen.--The term ``carcinogen'' means any of the following: (A) A substance listed in the National Toxicology Program Report on Carcinogens as known to be a human carcinogen or reasonably anticipated to be a human carcinogen. (B) A substance described in the Environmental Protection Agency Integrated Risk Information System as carcinogenic to humans or likely to be carcinogenic to humans. (2) Covered product.--The term ``covered product'' means any product offered for sale that-- (A) is regulated by the Food and Drug Administration, the Environmental Protection Agency, the Department of Agriculture, or the Consumer Product Safety Commission; and (B) is intended for individual or residential use. | Carcinogen-Free Label Act of 2012 - Directs the head of each federal agency that regulates a covered product to establish a program to permit the labeling of such a product that does not contain any carcinogens as "Carcinogen-Free." Defines a "covered product" to mean any product offered for sale that is: (1) regulated by the Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), the Department of Agriculture (USDA), or the Consumer Product Safety Commission (CPSC); and (2) intended for individual or residential use. Requires such agency heads to coordinate to develop an easily recognizable label: (1) to be affixed to a covered product to signify that it has been approved for "Carcinogen-Free" labeling, and (2) to include a notice stating that "This product does not contain known or likely carcinogens that increase your risk of cancer." Prohibits the introduction or offering for introduction into interstate commerce of a covered product affixed with a "Carcinogen-Free" label if: (1) the head of each federal agency that regulates the product has not approved an application for the labeling of the product as "Carcinogen-Free," or (2) the product contains any substance that is not listed in such application. Sets forth requirements regarding: (1) application approval and confidentiality; (2) random testing of covered products, random audits of facilities in which such products are manufactured, and measures to ensure compliance with agency guidance; (3) application fees; and (4) penalties for violations. Requires such agency heads to: (1) issue guidance to prevent the introduction of carcinogens into such product during its manufacture, storage, and transportation; and (2) post on the agency's public website a list of all covered products regulated by that agency that have been approved for labeling as "Carcinogen-Free." |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Arts Endowing the Arts Act of 1994''. SEC. 2. COPYRIGHT AUCTION FOR THE NATIONAL ENDOWMENTS FOR THE ARTS AND HUMANITIES. (a) In General.--The provisions of title 17, United States Code, are amended by adding after chapter 9 the following new chapter: ``CHAPTER 10--AUCTION OF CERTAIN COPYRIGHTS FOR THE NATIONAL ENDOWMENT FOR THE ARTS AND THE NATIONAL ENDOWMENT FOR THE HUMANITIES ``Sec. ``1001. Definitions. ``1002. Copyrights affected. ``1003. Arts and Humanities Copyright Board. ``1004. Auction procedures. ``1005. Registration and issuance of certificate for auction copyright. ``1006. Limitation on the liability of the United States. ``1007. Original copyright not affected by auction. ``1008. National Endowments for the Arts and Humanities Copyright Trust Fund. ``Sec. 1001. Definitions ``For purposes of this chapter-- ``(1) the term `auction copyright' means a copyright which is acquired under the provisions of this chapter; ``(2) the term `Board' means the Arts and Humanities Copyright Board established under section 1003; and ``(3) the term `Fund' means the National Endowments for the Arts and Humanities Copyright Trust Fund established under section 1008. ``Sec. 1002. Copyrights affected ``The provisions of this chapter apply to any copyright in a-- ``(1) literary work; ``(2) sound recording; ``(3) work of visual art; ``(4) pictorial, graphic, and sculptural work; or ``(5) motion picture. ``Sec. 1003. Arts and Humanities Copyright Board ``(a) Establishment.--There is established the Arts and Humanities Copyright Board within the Library of Congress. ``(b) Membership.--The Board shall be composed of 9 members, appointed by the President, of whom-- ``(1) 1 shall be selected upon the recommendation of the Chairman of the National Endowment for the Arts; ``(2) 1 shall be selected upon the recommendation of the Chairman of the National Endowment for the Humanities; ``(3) 1 shall be selected upon the recommendation of the Register of Copyrights; ``(4) 1 shall be selected upon the recommendation of the Majority Leader of the Senate; ``(5) 1 shall be selected upon the recommendation of the Minority Leader of the Senate; ``(6) 1 shall be selected upon the recommendation of the Majority Leader of the House of Representatives; ``(7) 1 shall be selected upon the recommendation of the Minority Leader of the House of Representatives; and ``(8) 2 shall represent the arts community and be notable for contributions to excellence in their fields. ``(c) Chairman.--The Board shall select a chairman from the members of the Board. ``(d) Quorum.--A majority of the members of the Board shall constitute a quorum. ``(e) Functions.--The Board shall select copyrights in works for auction and conduct auctions as provided under this chapter. ``(f) Compensation.--The members of the Board shall receive compensation at the rate payable for a position at level V of the Executive Schedule under section 5316 of title 5 for each day in the actual performance of duties for the Board. ``(g) Travel Expenses.--The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5 while away from their homes or regular places of business in the performance of services for the Board. ``(h) Special Government Employees.--A member of the Board shall be a special Government employee as for purposes of sections 203, 204, 207, 208, and 209 of title 18. ``Sec. 1004. Auction procedures ``(a) Selection of Copyrights for Auction.--During the first week of January and the first week of July of each year, the Board shall conduct an auction of any copyright described under section 1002 selected by the Board. The Board may select a copyright for an auction under this chapter if-- ``(1) the term of the copyright-- ``(A) shall expire within 6 months after the date of the auction of the copyright; and ``(B) is not subject to renewal and extension under this title; or ``(2)(A) the term of the copyright-- ``(i) shall expire within 6 months after the date of the auction of the copyright; and ``(ii) is subject to renewal and extension under this title; and ``(B) the owner of the copyright has not-- ``(i) registered for a renewal and extension of the term of such copyright; or ``(ii) submitted written notice to the Board or the Copyright Office of an intent to renew and extend the term of such copyright and the Board determines that such term is subject to renewal and extension. ``(b) Copyrights for Auction Selected Upon Bidder's Initiative.-- The Board shall select a copyright for an auction if the Board-- ``(1) receives a bid for a copyright that meets all of the requirements for selection under this section within such period as determined by the Board; and ``(2) determines the bid is of a sufficient minimum amount for the copyright. ``(c) Copyrights Excluded From Auction.--The Board may not auction a copyright in any work-- ``(1) in which a person owned a copyright; ``(2) in which the term of such copyright expired without renewal and extension; and ``(3) that entered the public domain. ``(d) Notification.--(1) No later than 45 days before the date of an auction, the Board shall publish in the Federal Register-- ``(A) the date of the auction; ``(B) a description of the copyrights and works relating to such copyrights to be auctioned; ``(C) a description of all works-- ``(i) in which a copyright shall be auctioned; and ``(ii) for which a bid has been submitted; and ``(D) the minimum bids set by the Board. ``(2) The Board may take such other actions as necessary to give public notice of the information described under paragraph (1). ``(e) Auction Copyright Bids.--(1) The Board shall set a minimum amount for each bid for a copyright to be auctioned. If no bid is submitted to the Board equal to or greater than the minimum amount set for a copyright in any work, no auction copyright may be issued for the work. ``(2) Each bid shall-- ``(A) be sealed; ``(B) be submitted during such period as the Board may determine; and ``(C) include an amount equal to 20 percent of the total amount of the submitted bid which shall be deposited in the Fund. ``(3) A person shall be the successful bidder on a copyright if such person-- ``(A) submits the highest bid on such copyright; ``(B) deposits the total amount of the submitted bid in the Fund; and ``(C) complies with such terms and conditions as the Board may require. ``(4)(A) The Board shall pay to each person who submitted an unsuccessful bid all amounts deposited in the Fund under paragraph (2)(C) with interest at a rate determined under subparagraph (B). ``(B) For any 12-month period beginning on July 1 and ending on June 30 the rate determined under this subparagraph is determined on the preceding June 1 and is equal to the bond equivalent rate of 52- week Treasury bills auctioned at the final auction held prior to such June 1. ``Sec. 1005. Registration and issuance of certificate for auction copyright ``(a) Notification to Copyright Office.--The Board shall determine the person making the successful bid for a copyright in a work at an auction and notify the Copyright Office. ``(b) Registration and Issuance of Certificate.--After receiving notification from the Board and payment of fees for a copyright claim and registration under section 708(a)(1) by the person making the successful bid at auction, the Register of Copyrights shall register a copyright claim and issue a certificate of registration to such person in accordance with section 410. ``(c) Duration of Term.--The term of an auction copyright in a work shall be for 20 years and shall begin on the date following the date of the expiration of the term of the copyright in such work last held under the provisions of this title (other than this chapter). ``(d) Nonrenewal of Auction Copyright.--An auction copyright may not be renewed or extended. ``Sec. 1006. Limitation on the liability of the United States ``If a person acquires an auction copyright in a work and the Copyright Royalty Tribunal or a court of the United States later determines that such person is not the owner of such copyright or that such copyright is invalid or infringes on another copyright in such work, the liability of the United States shall be limited to-- ``(1) all amounts that such person deposited in the Fund for the auction copyright; and ``(2) interest on such amounts at the rate determined under section 1004(e)(4)(B). ``Sec. 1007. Original copyright not affected by auction ``The auction of a copyright in any work under this chapter shall have no effect on-- ``(1) any other copyright in such work; or ``(2) the rights or privileges of any owner, holder, heir, or assignee of any other copyright in such work. ``Sec. 1008. National Endowments for the Arts and Humanities Copyright Trust Fund ``(a) Establishment.--There is established the National Endowments for the Arts and Humanities Copyright Trust Fund in the Treasury of the United States. ``(b) Deposits.--The Fund shall consist of all amounts deposited by the Board from auction bids and payments under section 1004 and any interest earned on investment of amounts in the Fund under subsection (d)(2) of this section. ``(c) Appropriations From Fund.--The amounts in the Fund shall remain in the Fund without fiscal year limitation and shall be available for annual appropriation by the Congress for-- ``(1) the support of the National Endowment for the Arts and the National Endowment for the Humanities; and ``(2) the administrative costs of carrying out this chapter. ``(d) Investment of Funds.--(1) It shall be the duty of the Secretary of the Treasury to invest such portion of the Fund as is not, in the Secretary's judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose, such obligations may be acquired-- ``(A) on original issue at the issue price, or ``(B) by purchase of outstanding obligations at the market price. The purposes for which obligations of the United States may be issued under chapter 31 of title 31, of the United States Code, are hereby extended to authorize the issuance at par of special obligations exclusively to the Fund. Such special obligations shall bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next preceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt; except that where such average rate is not a multiple of one-eighth of 1 percent, the rate of interest of such special obligations shall be the multiple of one-eighth of 1 percent next lower than such average rate. Such special obligations shall be issued only if the Secretary of the Treasury determines that the purchase of other interest-bearing obligations of the United States, or of obligations guaranteed as to both principal and interest by the United States on original issue or at the market price, is not in the public interest. ``(2) Any obligation acquired by the Fund (except special obligations issued exclusively to the Fund) may be sold by the Secretary of the Treasury at the market price, and such special obligations may be redeemed at par plus accrued interest. ``(3) The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.''. (b) Technical and Conforming Amendment.--The table of chapters for title 17, United States Code, is amended by adding after the item relating to item 9 the following new item: ``10. Auction of certain copyrights for the National 1001.''. Endowment for the Arts and the National Endowment for the Humanities. SEC. 3. EFFECTIVE DATE. (a) In General.--Except as provided under subsection (b), the provisions of this Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of this Act. (b) First Auction.--The Arts and Humanities Copyright Board established under chapter 10 of title 17, United States Code, as added by this Act, shall determine the date of the first copyright auction, except such auction shall occur-- (1) during the first week of January or July; and (2) no later than 18 months after the date of the enactment of this Act. | Arts Endowing the Arts Act of 1994 - Amends copyright law to provide for the auction of certain copyrights to financially support the National Endowment for the Arts and the National Endowment for the Humanities. Applies such provisions to copyrights in literary works, sound recordings, visual arts works, pictorial, graphic, and sculptural works, and motion pictures. Establishes the Arts and Humanities Copyright Board within the Library of Congress. Sets forth auction procedures, including selection of copyrights for auction, copyright for auction selected upon bidder's initiative, copyrights excluded from auction, notification, and auction copyright bids. Provides for registration and issuance of a certificate for auction copyright in a work for 20 years after the expiration of the term of copyright in the work last held under copyright law other than auction copyright provisions. Prohibits renewal or extension of such auction copyright. Limits U.S. liability. Provides that such auction shall have no effect on the original copyright. Establishes the National Endowments for the Arts and Humanities Copyright Trust Fund in the Treasury. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Loan Program for Our Troops Act'' or the ``HELP Our Troops Act''. SEC. 2. DEFERMENT OF STUDENT LOANS DURING ACTIVE MILITARY SERVICE. (a) Federal Family Education Loans.--Section 428(b)(1)(M) (20 U.S.C. 1078(b)(1)(M)) is amended-- (1) by striking ``or'' at the end of clause (ii); (2) by redesignating clause (iii) as clause (iv); and (3) by inserting after clause (ii) the following new clause: ``(iii) not in excess of 3 years during which the borrower-- ``(I) is serving on active duty during a war or other military operation or national emergency; or ``(II) is performing qualifying National Guard duty during a war or other military operation or national emergency; or''. (b) Direct Loans.--Section 455(f)(2) (20 U.S.C. 1087e(f)(2)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) not in excess of 3 years during which the borrower-- ``(i) is serving on active duty during a war or other military operation or national emergency; or ``(ii) is performing qualifying National Guard duty during a war or other military operation or national emergency; or''. (c) Perkins Loans.--Section 464(c)(2)(A) (20 U.S.C. 1087dd(c)(2)(A)) is amended-- (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: ``(iii) not in excess of 3 years during which the borrower-- ``(I) is serving on active duty during a war or other military operation or national emergency; or ``(II) is performing qualifying National Guard duty during a war or other military operation or national emergency;''. (d) Definitions.--Section 435 (20 U.S.C. 1085) is amended by inserting after subsection (m) the following new subsection: ``(n) Definitions for Military Deferments.--For purposes of this part and parts D and E: ``(1) Active duty.--The term `active duty' has the meaning given such term in section 101(d)(1) of title 10, United States Code, except that such term does not include active duty for training or attendance at a service school. ``(2) Military operation.--The term `military operation' means a contingency operation as such term is defined in section 101(a)(13) of title 10, United States Code. ``(3) National emergency.--The term `national emergency' means a national emergency declared by the President of the United States. ``(4) Serving on active duty.--The term `serving on active duty during a war or other military operation or national emergency' means service by an individual who is-- ``(A) a Reserve of an Armed Force ordered to active duty under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, or any retired member of an Armed Force ordered to active duty under section 688 of such title, for service in connection with a war or other military operation or national emergency, regardless of the location at which such active duty service is performed; and ``(B) any other member of an Armed Force on active duty in connection with such emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which such member is normally assigned. ``(5) Qualifying national guard duty.--The term `qualifying National Guard duty during a war or other military operation or national emergency' means service as a member of the National Guard on full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under section 502(f) of title 32, United States Code, in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.''. (e) Effective Date.--The amendments made by this section shall apply with respect to loans for which the first disbursement is made on or after July 1, 1993, to an individual who is a new borrower (within the meaning of section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003)) on or after such date. | Higher Education Loan Program for Our Troops Act - HELP Our Troops Act - Amends the Higher Education Act of 1965 to provide an interest-free deferment of student loan repayment for federal student loan borrowers during active military service. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Joint Task Force to Combat Opioid Trafficking Act of 2018''. SEC. 2. AUTHORIZATION OF JOINT TASK FORCE TO COUNTER OPIOIDS. (a) In General.--Section 708(b) of the Homeland Security Act of 2002 (6 U.S.C. 348(b)) is amended-- (1) in paragraph (2)(A), by adding at the end the following new clause: ``(iv) Enhancing the integration of the Department's border security operations to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States.''; (2) by redesignating paragraphs (9) through (13) as paragraphs (11) through (15), respectively; and (3) by inserting after paragraph (8) the following new paragraphs: ``(9) Engagement with the private sector.-- ``(A) In general.--The Director of a Joint Task Force may engage with representatives from a private sector organization for the purpose of carrying out the mission of such Joint Task Force, and any such engagement shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). ``(B) Assistance from private sector.-- ``(i) In general.--Notwithstanding subsection (b)(1), the Secretary, with the agreement of a private sector organization, may arrange for the temporary assignment of employees of the organization to the Joint Task Force in accordance with this paragraph. ``(ii) Application of ethics rules.--An employee of a private sector organization assigned under clause (i)-- ``(I) shall be deemed to be a special government employee for purposes of Federal law, including chapter 11 of title 18, United States Code, and the Ethics in Government Act of 1978 (5 U.S.C. App.); and ``(II) notwithstanding section 202(a) of title 18, United States Code, may be assigned to the Joint Task Force for a period of not longer than 2 years. ``(C) No financial liability.--Any agreement under this paragraph shall require the private sector organization concerned to be responsible for all costs associated with the assignment of an employee under this paragraph. ``(D) Duration.--An assignment under this paragraph may, at any time and for any reason, be terminated by the Secretary or the private sector organization concerned and shall be for a total period of not more than 2 years. ``(10) Collaboration with task forces outside dhs.--The Secretary may enter into a memorandum of understanding by which a Joint Task Force established under this section to carry out any purpose specified in paragraph (2)(A) and any other Federal, State, local, tribal, territorial, or international task force established for a similar purpose may collaborate for the purpose of carrying out the mission of such Joint Task Force.''. (b) Technical and Conforming Amendment.--Section 708(c) of the Homeland Security Act of 2002 (6 U.S.C. 348(c)) is amended by striking ``subsection (b)(10)'' and inserting ``subsection (b)(12)''. SEC. 3. NOTIFICATION; REPORTING. (a) Notification.--Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall-- (1) make a determination regarding whether to establish a Joint Task Force under section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) to carry out the purpose specified in clause (iv) of subsection (b)(2)(A) of such section, as added by section 2 of this Act; and (2) submit to the Committee on Homeland Security of the House and the Committee on Homeland Security and Governmental Affairs of the Senate written notification of such determination, including, if such determination is in the negative, information on the basis for such negative determination. (b) Reporting.--If the Secretary of Homeland Security establishes a Joint Task Force under section 708 of the Homeland Security Act of 2002 (6 U.S.C. 348) to carry out the purpose specified in clause (iv) of subsection (b)(2)(A) of such section, as added by section 2 of this Act, the Secretary shall-- (1) beginning with the first report required under subsection (b)(6)(F) of such section 708, include with respect to such a Joint Task Force-- (A) a gap analysis of funding, personnel, technology, or other resources needed in order to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States; and (B) a description of collaboration pursuant to subsection (b)(10) of such section 708 (as added by section 2 of this Act) between such a Joint Task Force and any other Federal, State, local, tribal, territorial, or international task force, including the United States Postal Service and the United States Postal Inspection Service; and (2) in each report required under subsection (b)(11)(C) of such section 708, as redesignated by section 2 of this Act, an assessment of the activities of such a Joint Task Force, including an evaluation of whether such Joint Task Force has enhanced integration of the Department's efforts, created any unique capabilities, or otherwise enhanced operational effectiveness, coordination, or information sharing to detect, interdict, disrupt, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States. | Joint Task Force to Combat Opioid Trafficking Act of 2018 This bill amends the Homeland Security Act of 2002 to authorize the Department of Homeland Security (DHS) to establish a joint task force to enhance DHS border security operations to detect, interdict, and prevent narcotics, such as fentanyl and other synthetic opioids, from entering the United States. The task force may coordinate with the private sector and with other federal, state, local, tribal, territorial, or international task forces and entities. DHS shall determine whether to establish the task force and notify Congress of its determination within 90 days. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Payday Borrower Protection Act of 1999''. SEC. 2. PAYDAY LOANS PROHIBITED UNLESS AUTHORIZED PURSUANT TO STATE LAW THAT LICENSES AND REGULATES PAYDAY LENDERS. (a) In General.--Section 128 of the Truth in Lending Act (15 U.S.C. 1638) is amended by adding at the end the following new subsection: ``(e) Deferred Deposit Loans.-- ``(1) Definitions.--For purposes of this subsection, the following definitions shall apply: ``(A) Check.--The term `check' means any negotiable demand draft drawn on or payable through an office of a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act) located in the United States. ``(B) Deferred deposit loan.--The term `deferred deposit loan' means a transaction in which credit is extended by a payday lender, for a specified period of time, upon receipt by the lender of-- (i) a check made by the borrower for the amount of the credit extended, the presentment or negotiation of which, by mutual agreement of the lender and borrower, will be deferred for such specified period; or (ii) authorization from the borrower for the payday lender to initiate an electronic fund transfer at the end of the specified period from the account of the borrower for the amount of the credit extended. ``(C) Payday lender.--The term `payday lender' means any person who extends credit to any other person through a deferred deposit loan. ``(2) Payday loans prohibited unless authorized under state laws that license and regulate such lending.--No person may engage in the business of making deferred deposit loans in any State unless-- ``(A) expressly authorized to do so under a law of such State that the Board determines at least meets, if not exceeds, all the requirements described in section 4(b) of the Payday Borrower Protection Act of 1999 with respect to deferred deposit loans; and ``(B) such person maintains policies and procedures designed to prevent such person from violating any requirement of this title with regard to such loans or with regard to applications, solicitations, or advertisements relating to such loans. ``(3) Situs of loan.--For purposes of paragraph (2), a deferred deposit loan shall be considered to be made in the State in which the borrower receives the proceeds of the loan. (b) Effective Date.--The amendment made by subsection (a) shall apply after the end of the 10-day period beginning on the date of the enactment of this Act. SEC. 3. REGULATION OF INVOLVEMENT OF DEPOSITORY INSTITUTIONS IN PAYDAY LENDING. Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new section: ``(t) Payday Loans.-- ``(1) Loans to noncompliant payday lenders prohibited.--An insured depository institution may not-- ``(A) make any deferred deposit loan, either directly or through any agent, unless-- ``(i) such loan is in full compliance with the law of the State in which such loan is made; and ``(ii) the annual percentage rate (as determined in accordance with section 107 of the Truth in Lending Act) applicable with respect to such loan is less than 36 percent; or ``(B) make any loan to any payday lender for purposes of financing deferred deposit loans unless the depository institution ascertains that such lender is in full compliance with the Truth in Lending Act, the Electronic Fund Transfer Act, and the law of the State in which any borrower from such payday lender will receive the proceeds of any such deferred deposit loan. ``(2) Compliance with state law.--For purposes of determining compliance with this subsection, the Truth in Lending Act, the Electronic Fund Transfer Act, and the law of any State with regard to any deferred deposit loan made by any insured depository institution or payday lender. ``(3) Situs of loan.--For purposes of this subsection, a deferred deposit loan shall be considered to be made in the State in which the borrower receives the proceeds of the loan.''. SEC. 4. STATE LICENSING AND REGULATION OF PAYDAY LOANS. (a) In General.--For purposes of protecting the payment system and protecting the consumers of payday loans from fraud, abuse, unfair practices, usurious rates of interest, and exorbitant fees, it is the sense of the Congress that the deferred deposit loans should only be lawful in States in which laws and regulations are in effect that meet the requirements described in subsection (b), as determined by the Board of Governors of the Federal Reserve System. (b) Minimum Requirements for Deferred Deposit Loans.--The law of any State meets the requirements of this subsection if a statute in effect in such State includes the following: (1) Licensing requirements.-- (A) In general.--Subject to subparagraphs (B) and (C), a requirement that any payday lender, other than a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act), be licensed and regulated by an appropriate State agency in order to conduct any business within such State or make any deferred deposit loan within the State (as determined in accordance with paragraph (12)). (B) Depository institutions.--A requirement that any depository institution which makes deferred deposit loans in such State (as determined in accordance with paragraph (12)) shall be subject to such statute and regulated by an appropriate State agency with respect to such lending activity. (C) Exception.--A retail establishment which occasionally cashes checks of customers or advances credit in the form of merchandise may be exempted from the licensing requirement described in subparagraph (A) if such activity is merely incidental to the retail business of such establishment. (2) Licensing standards.--A requirement that-- (A) in order for any person to be licensed in the State as a payday lender, the appropriate State agency shall review and approve-- (i) the business record and the capital adequacy of the business seeking the license; and (ii) the competence, experience, character, integrity, and financial responsibility of each individual who-- (I) is a director, officer, or supervisory employee of such business; or (II) owns or controls, directly or indirectly, such business (including any person who directly or indirectly controls more than 5 percent of the shares or assets of the business; (B) any record, on the part of any business seeking the license or any person referred to in subparagraph (A)(ii), of-- (i) any criminal activity; (ii) any fraud or other act of personal dishonesty; (iii) any act, omission, or practice which constitutes a breach of a fiduciary duty; or (iv) any suspension or removal, by any agency or department of the United States or any State, from participation in the conduct of any federally or State licensed or regulated business, be grounds for the denial of any such license by the appropriate State agency; (C) the applicant establish to the satisfaction of the appropriate State agency that the operation of the business at each authorized location is in the public interest, taking into account the probable effect of such operation in promoting the convenience of, and meeting the credit needs of, the community in which such business is conducted; and (D) the applicant and licensed payday lender meet such surety bond requirements and minimum asset requirements as may be established and maintained by the appropriate State agency. (3) Public hearings.--A requirement that any application for a payday lender license be the subject of a public hearing before any final determination is made with regard to such application by the appropriate State agency. (4) Administrative action.--Authority for the appropriate State agency to issue regulations to carry out the purposes of such statute, investigate and enforce compliance with the statute and such regulations, handle complaints, suspend or revoke licenses issued to payday lenders and impose civil money penalties for violations of such statute or regulations, and make public the results of any such investigations or enforcement actions and the records of any complaints. (5) Reports and records.--A requirement that licensed payday lenders-- (A) maintain such records as the appropriate State agency determines are necessary to enforce compliance with the statute; and (B) submit annual reports to the appropriate State agency containing such information as the agency determines to be appropriate to allow the agency to enforce compliance with the statute and regulations prescribed by the agency under the statute, including a copy of all loan documents used by the payday lender in connection with deferred deposit loans and a fee schedule. (6) Prohibitions.--A prohibition on-- (A) the initiation of any criminal complaint, or use of any threat of initiating a criminal complaint, in connection with the failure of any borrower to repay any deferred deposit loan in accordance with the terms of the loan, including, with respect to any check which formed the basis for a deferred deposit loan, any complaint relating to the making of a check drawn on insufficient funds; (B) any practice which is prohibited under section 808 of the Fair Debt Collection Practices Act for a debt collector (as defined in such Act); (C) extending credit under any loan agreement which includes any terms which are unconscionable or against the public interest; (D) engaging in any unfair or deceptive practice; (E) accepting the repayment of any deferred deposit loan if the payday lender knows or has any reason to believe that the funds proferred by the borrower were acquired from the proceeds of another deferred deposit loan; (F) refinancing or rolling over any deferred deposit loan for any period which ends after the date the principal of the original deferred deposit loan was due to be repaid in full; and (G) imposing any additional fee or any premium for any credit insurance offered in conjunction with any deferred deposit loan. (7) Requirements relating to terms and conditions.--A requirement that-- (A) the period to maturity of any deferred deposit loan may not be less than 2 weeks for each $50 of loan principal; (B) the principal amount of any deferred deposit loan may not exceed $300; (C) any check which forms the basis of a deferred deposit loan be stamped on the back with an endorsement that the check has been received and is being negotiated in connection with a deferred deposit loan and any subsequent holder of the check takes it subject to all claims and defenses of the maker; (D) the annual percentage rate applicable to any deferred deposit loan may not exceed the lesser of-- (i) 36 percent; or (ii) the maximum annual percentage rate allowable in such State for comparable small loans; (E) the amount of any administrative fee imposed in connection with making a deferred deposit loan may not exceed $5; (F) any unearned interest on deferred deposit loans which are paid before the due date shall be repaid to the borrower on an actuarial basis; and (G) the amount of any fee imposed for any check made or any electronic fund transfer authorized by a borrower in connection with any deferred deposit loan which is returned unpaid to the payday lender due to insufficient funds in an account of such borrower may not exceed the lesser of-- (i) $15; or (ii) the charge imposed by the financial institution returning the check to the payday lender for handling such check. (8) Disclosures.--A requirement that the following information be disclosed in writing to a borrower in connection with any deferred deposit loan and posted in a prominent place at any location where deferred deposit loans are made or extended: (A) A complete description of the terms of the loan. (B) A complete description of the rights of the borrower under the laws of the State, the Truth in Lending Act, the Fair Debt Collection Practices Act, the Electronic Fund Transfer Act, and any other provision of law the appropriate State agency determines to be applicable to such loan. (C) A clear and conspicuous statement that the borrower may not be subject to any criminal action or any threat of criminal action for making a check or authorizing an electronic fund transfer which forms the basis for such loan and is drawn on an account with insufficient funds. (9) Civil enforcement.--Provision for civil remedies for violations of the statute with a minimum civil money penalty of $1,000 for each day of any violation of the statute by any payday lender, including private rights of action for any actual, consequential, or liquidated damages suffered by any borrower, or a class of borrowers, in connection with any such violation. (10) Criminal penalties for operation of business without a license.--A criminal penalty for anyone, other than a depository institution, making any payday loan within the State after the effective date of such State statute without a license issued by the State. (11) Criminal penalties for other violations of the statute.--A provision that any person who knowingly violates any provision of the statute, or any regulation prescribed under the statute, shall be subject to a fine of $1,000, imprisonment for not to exceed 6 months, or both. (12) Situs of loan.--A deferred deposit loan is considered to be made in the State in which the borrower will receive the proceeds of the loan. (c) Definitions.--For purposes of this section, the following definitions shall apply: (1) Depository institution.--The term ``depository institution'' has the meaning given to such term in section 19(b)(1)(A) of the Federal Reserve Act. (2) Other terms.--The terms ``deferred deposit loan'', ``payday lender'', and ``check'' have the meanings given to such terms in section 128(e)(1) of the Truth in Lending Act. | Payday Borrower Protection Act of 1999 - Amends the Truth in Lending Act and the Federal Deposit Insurance Act to require persons under their jurisdiction engaged in the business of making payday loans to operate under State licensing and regulatory procedures which meet the criteria imposed by this Act for such transactions. Expresses the sense of Congress that deferred deposit loans should only be lawful in States in which laws and regulations are in effect that meet the requirements of this Act, as determined by the Board of Governors of the Federal Reserve System. Enumerates State licensing criteria, including the provision of civil and criminal penalties for violations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Race to the Job Initiative Act''. SEC. 2. ESTABLISHMENT. (a) In General.--The Secretary of the Treasury shall establish and administer a grant program to provide grants to eligible low-income communities for community development. (b) Limitations.-- (1) Number of grant recipients in first year.--Not later than one year after the date of the enactment of this Act, the Secretary shall select 30 eligible low-income communities to receive grants under section 3. (2) Number of grant recipients in second year.--Not later than one year after the date on which the Secretary selects 30 eligible low-income communities under paragraph (1), the Secretary shall select an additional 20 eligible low-income communities to receive grants under section 3. (3) Geographic limitation.--The Secretary may not select more than 3 eligible low-income communities located in the same State to receive grants under section 3. (c) Application.-- (1) In general.--To be selected to receive grants under section 3, an eligible low-income community shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Other requirements.-- (A) Partner community development financial institution.--In an application submitted under this subsection, an eligible low-income community shall specify at least one community development financial institution to receive a capital assistance grant under section 4. (B) Concentrated poverty.--Each application under this subsection shall include a description of how the eligible low-income community has experienced concentrated poverty. (C) Development proposal.--Each application under this subsection shall include a description of how the eligible low-income community plans to use the grant funds awarded under section 3 to-- (i) improve the economy of the community without displacing residents that reside in the community on the date the application for such grant funds is submitted; (ii) create programs that would benefit disadvantaged populations that reside in the community; (iii) establish or expand an anchor institution, as such term is defined under section 3(1)(B); (iv) identify and target a high-growth sector of the economy; (v) offer affordable financial services to the local community; and (vi) identify potential investors to target for matching funds. (d) Priority.--In awarding grants under section 3, the Secretary shall give priority to an eligible low-income community that is experiencing a high poverty rate at the time the application for such grant is submitted. SEC. 3. GRANTS TO ELIGIBLE LOW-INCOME COMMUNITIES. The Secretary shall award to each eligible low-income community selected under section 2(b) each of the following grants: (1) Anchor institution grants.-- (A) Use of funds.-- (i) In general.--Grant funds awarded under this paragraph shall be used to establish or expand anchor institutions in the eligible low- income community. (ii) Limitation.--Grant funds awarded under this paragraph may not be used to fund more than 25 percent of the total cost associated with the establishment or expansion of an anchor institution. (iii) Job training programs.--If grant funds awarded under this paragraph are used to establish or expand an anchor institution in the eligible low-income community that provides job training programs, such funds may only be used to fund job training programs that serve residents of such eligible low-income community. (B) Anchor institution defined.--In this paragraph, the term ``anchor institution'' means hospitals, colleges, research centers, nonprofit institutions, and such other institutions the Secretary may specify. (C) Authorization of appropriations.--For grants under this paragraph, there is authorized to be appropriated $100,000,000 for fiscal year 2017, to remain available until expended. (2) Infrastructure grants.-- (A) Use of funds.-- (i) In general.--Grant funds awarded under this paragraph shall be used for public infrastructure improvement projects in the eligible low-income community. (ii) Limitation.--Grant funds awarded under this paragraph may not be used to fund more than 10 percent of the total cost associated with a public infrastructure improvement project. (B) Authorization of appropriations.--For grants under this paragraph, there is authorized to be appropriated $200,000,000 for fiscal year 2017, to remain available until expended. (3) Technical assistance grants.-- (A) In general.--Grant funds awarded under this paragraph shall be used to make technical assistance grants. (B) Authorization of appropriations.--For grants under this paragraph, there is authorized to be appropriated $20,000,000 for fiscal year 2017, to remain available until expended. SEC. 4. CAPITAL ASSISTANCE GRANTS TO PARTNER COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS. (a) In General.--The Secretary shall award a capital assistance grant to each community development financial institution that is specified in the application of an eligible low-income community selected under section 2(b) to receive grants under section 3. (b) Use of Funds.--Grant funds awarded under this section may be used to make loans to, and invest in, businesses, organizations, or public-private partnerships located in the eligible low-income community. (c) Authorization of Appropriations.--For grants under this section, there is authorized to be appropriated $200,000,000 for fiscal year 2017, to remain available until expended. SEC. 5. TAX CREDIT FOR COMMUNITY INVESTMENT. (a) In General.--Section 45D of subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection: ``(i) Special Rules for Certain Partner Community Development Financial Institutions.--For purposes of this section, in the case of a partner community development financial institution that is specified in the application of an eligible low-income community selected under section 2(b) of the Race to the Job Initiative Act to receive grants under section 3 of such Act-- ``(1) such institution shall be treated as a qualified community development entity without regard to the allocation limitations under subsection (f); and ``(2) the term `low-income community' shall mean such eligible low-income community.''. (b) Applicability.--The amendments made by this section shall apply with respect to a partner community development financial institution that is specified in the application of an eligible low-income community selected by the Secretary under section 2(b) after the date of the enactment of this Act. SEC. 6. INCREASE IN CDFI AWARD AMOUNTS. Section 108(d) of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4704) is amended-- (1) in paragraph (1), by inserting after ``assistance'' the following: ``(or, in the case of a community development financial institution receiving a capital assistance grant under section 4 of the Race to the Job Initiative Act, $20,000,000)''; and (2) by adding at the end the following: ``(4) Annual assistance limitation for certain institutions.--In the case of a community development financial institution receiving a capital assistance grant under section 4 of the Race to the Job Initiative Act, the Fund may not provide such community development financial institution and its subsidiaries and affiliates with more than-- ``(A) $10,000,000 in annual financial assistance; and ``(B) $500,000 in annual technical assistance.''. SEC. 7. DEFINITIONS. In this Act: (1) Community development financial institution.--The term ``community development financial institution'' has the meaning given such term in section 103 of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702). (2) Eligible low-income community.--The term ``eligible low-income community'' means a city or county with-- (A) a census tract with a poverty rate of at least 30 percent (as determined by the Office of Management and Budget using the most recent decennial census for which data are available); and (B) with an unemployment rate that is at least 150 percent of the national average (as determined by the Bureau of Labor Statistics). (3) State.--The term ``State'' means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States. | Race to the Job Initiative Act This bill requires the Department of the Treasury to establish and administer a grant program to provide anchor institution (i.e., a hospital, college, research center, or nonprofit institution) grants and infrastructure grants to eligible low-income communities for community development. Treasury shall select: (1) within the first year after enactment of this bill, 30 of such low-income communities to receive these grants; and (2) within the second year, an additional 20 of these communities. Treasury must award a capital assistance grant to each community development financial institution specified in the grantee's application to make loans to, and invest in, businesses, organizations, or public-private partnerships located in the eligible low-income community. The bill amends the Internal Revenue Code to allow a new markets tax credit for investment in a partner community development financial institution without regard to allocation limitations on such credit. The bill amends the Community Development Banking and Financial Institutions Act of 1994 to limit to $20 million (in the aggregate, during a three-year period) an award from the Community Development Financial Institutions (CDFI) Fund to a community development financial institution and its subsidiaries and affiliates receiving a capital assistance grant under this bill. CDFI funds are limited annually for these entities to: (1) $10 million for financial assistance, and (2) $500,000 for technical assistance. |
short title Section 1. This Act may be cited as the ``Information Dissemination and Research Accountability Act''. findings and purpose Sec. 2. (a) The Congress finds that-- (1) the Federal Government must, for the public good, bear the responsibility for making the results of biomedical research readily and economically accessible in a form that maximizes its usefulness to the research community, reviewers of research proposals, and other individuals involved in the Federal funding of research proposals; (2) with the present inefficient system of storage and dissemination of biomedical information, most biomedical researchers and Federal agencies cannot readily and economically obtain the full-text results, current and archival, of research that has been or is being performed; (3) the inability of the research community to obtain full- text results of such research promotes duplicative research; (4) overwhelming numbers of laboratory animals are used in duplicative research because of the research community's inability to determine what research has been performed; (5) because of a lack of funding, the National Library of Medicine of the Department of Health and Human Services has not met the needs of the biomedical research community; (6) the failure of the Federal Government to fund adequately the National Library of Medicine has resulted in the Library's inability to support effectively the creation of new information for use in teaching and demonstrations, including audiovisual aids and computer graphics; (7) the failure of the Federal Government to support adequately the storage and dissemination of full-text biomedical information has been devastating to the Nation's medical libraries, forcing them to terminate the acquisition of costly printed material; (8) the amount of biomedical information is so vast and is increasing at such a rate that traditional methods of information storage and dissemination are no longer efficient or effective; (9) modern technology, including optical videodiscs, can be used for storage of whole libraries of full-text biomedical information in a relatively small space; (10) these modern technologies are easily and economically reproducible for distribution to all of the Nation's medical libraries for the immediate use of the scientific community; and (11) the benefits of developing a modern, efficient, and economical full-text biomedical information storage and dissemination system are-- (A) the advancement of scientific knowledge; (B) the savings to the taxpayers by preventing duplicative research; and (C) the sparing of millions of laboratory animals from suffering, fear, and death in duplicative research. (b) The purposes of this Act are to-- (1) establish a National Center for Research Accountability; (2) provide for a comprehensive, full-text literature search before the approval of Federal funding for any research proposal involving the use of live animals; (3) prevent duplicative experimentation or testing on live animals; (4) promote the advancement and use of modern technologies with respect to the storage and dissemination of biomedical information; (5) provide, through grants, awards, and stipends, for training of additional biomedical information specialists in such modern technologies; (6) make available at a reasonable cost the full-text results of biomedical research, current and archival, to the Nation's medical libraries for use by the scientific community; and (7) promote the creation and use of modern technologies, including audiovisual aids and computer graphics, for teaching and demonstrations. the national center for research accountability Sec. 3. (a)(1) In order to create an independent center to assist in eliminating duplication of effort in Federal research proposals involving live animals, there is hereby established a National Center for Research Accountability. (2) Such Center shall be located at the National Library of Medicine and utilize the facilities of the Library in accordance with subsection (d). (b)(1) The President shall appoint twenty persons to serve as members of the Center and carry out the responsibilities of the Center as described in subsection (f). The terms of such appointments shall be for a period of time which the President determines is necessary to assure that the members will serve long enough to provide adequate continuity of effort within the Center but also provide for periodic appointment of new persons as members. (2) Such appointments shall be made without regard to political affiliation and solely on the basis of demonstrated ability to carry out the responsibilities of the Center. (3) A person appointed to the Center may be removed only by the President. (4) Such persons shall be experts in the biomedical information sciences and, at the time of such appointment, be employed by a Federal agency in a capacity which qualifies them to make determinations with respect to whether research proposals involving live animals are duplicative of other research efforts. In making such appointments, the President shall, to the extent practicable, appoint representatives from each Federal agency which funds research on live animals. (5) Such persons shall perform their duties at the Center on a full-time basis and, while performing such duties, shall be considered to be employees of the Federal agencies which employed them at the time of their appointment to the Center. (c)(1) The President shall appoint as the Director of the Center a qualified biomedical information science expert who, at the time of such appointment, serves in an administrative position as a Federal employee. (2) Such person shall perform his or her duties on a full-time basis, and while performing such duties, shall be considered to be an employee of the Federal agency which employed him or her at the time of the appointment to the Center. (3) Such appointment shall be made for a term established by the President and shall be made without regard to political affiliation and solely on the basis of demonstrated ability to serve as a chief administrative officer. (4) The Director may be removed only by the President. (5) The Director may, to the extent approved by the President and in appropriation Acts, appoint a clerical staff, or to the extent approved by the President after consultation with the Secretary of Health and Human Services, the Director may utilize the clerical staff of the National Library of Medicine. (d) The President shall, after consultation with the Secretary of Health and Human Services, provide for adequate office space for the Center within the facilities of the National Library of Medicine and, to the extent approved in appropriation Acts, provide for such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the Center. (e)(1) No Federal agency may carry out or fund any research proposal involving live animals unless the proposal is submitted to the Center in accordance with paragraph (2). (2) Following approval by a Federal agency of a research proposal involving live animals, but prior to the agency's carrying out or making a commitment to award funding for such proposal, such proposal shall be submitted by the agency to the Center to ascertain whether such proposal is essentially duplicative of other research completed or in process. (f) If the members of the Center determine, in accordance with guidelines prescribed by the President, that such proposal is essentially duplicative of other research completed or in process, no Federal funding may be utilized with respect to such project. (g) To assist in carrying out its responsibilities for conducting comprehensive full-text literature searches, as it makes determinations under subsection (f), the Center may, to the extent approved in appropriation Acts, award contracts to private entities. The President shall establish rules for the purpose of precluding any conflict of interest with respect to the awarding of such contracts. (h) The President may appoint persons to serve, without compensation, as advisors to the members of the Center. (i) The Center shall transmit an annual report to the President and to both Houses of the Congress summarizing action it has taken in fulfilling its responsibilities under this Act. modernization of biomedical information storage and dissemination by the national library of medicine Sec. 4. (a) The National Library of Medicine shall, to the extent of funds appropriated for such purposes-- (1) acquire, in full-text form, all biomedical information owned by each Federal agency or available for use by Federal agencies, except information which is already in the Library or which is classified for reasons of national security; (2) transcribe and store, in full-text form, all such biomedical information acquired by the Library after January 1, 1960; (3) using modern technologies, make available, upon request and at cost, to medical libraries all full-text biomedical information in its collection; (4) support, by grants and contracts, the creation of new information for teaching and demonstrations, including audiovisual aids and computer graphics technologies; (5) make available, upon request and at cost, such new teaching and demonstration information to research and teaching institutions for the use of the scientific community; and (6) increase the number of persons trained in modern methods of biomedical information storage and dissemination technologies by making available stipends, awards, and grants to persons engaged in such training. (b) For purposes of paragraphs (3) and (5) of subsection (a), the term ``cost'' shall mean an amount which is established by the Secretary of Health and Human Services in order to assure that the Federal Government is reimbursed for expenses incurred in acquiring and making available the information supplied pursuant to those paragraphs. (c) To assist in fulfilling its responsibilities, the Library may, to the extent approved in appropriation Acts, award contracts to the private-sector data recording industry to improve-- (1) the development of modern information technologies used for storage and dissemination of full-text biomedical information; and (2) the dissemination of full-text biomedical information to medical libraries for the use of the research community. (d) The Secretary of Health and Human Services may appoint persons to serve, without compensation, as advisers to the Library in carrying out this section. (e) The Library shall transmit an annual report to the Congress summarizing the progress it has made in carrying out the provisions of this Act and providing a statement and analysis of action to be taken by the Library during the year following such report. definitions Sec. 5. For the purposes of this Act-- (1) the term ``animal'' means any nonhuman, vertebrate animal, whether warm-blooded, or coldblooded; (2) the term ``agency'' has the same meaning given such term in section 551 of title 5, United States Code; (3) the term ``Center'' means the National Center for Research Accountability established by section 3(a); (4) the term ``Library'' means the National Library of Medicine; and (5) the term ``research proposal'' means any proposal utilizing a scientific method of inquiry or examination in seeking or establishing facts and principles. authorization of appropriations Sec. 6. There are authorized to be appropriated for fiscal years beginning after September 30, 1993, such sums as may be necessary for the purpose of carrying out this Act. | Information Dissemination and Research Accountability Act - Establishes in the National Library of Medicine a National Center for Research Accountability to assist in eliminating duplication of effort in Federal research proposals involving live animals. Requires referral of all such proposals to the Center for approval prior to funding. Provides for the modernization of biomedical information storage and dissemination by the National Library of Medicine. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Summer Meals Act of 2014''. SEC. 2. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN. (a) Better Integrate Summer Education and Summer Meals Program.-- Section 13(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)(1)(A)(i)) is amended by striking ``50 percent'' each place it appears and inserting ``40 percent''. (b) Reduce Red Tape for Public-Private Partnerships.--Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended by striking paragraph (8) and inserting the following: ``(8) Year-round meal service.-- ``(A) Seamless summer option for schools.--Except as otherwise determined by the Secretary, a service institution that is a public or private nonprofit school food authority may provide summer or school vacation food service in accordance with applicable provisions of law governing the school lunch program established under this Act or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). ``(B) Year-round meal service for other service institutions.--Each service institution (other than a service institution described in subparagraph (A)), in addition to being eligible for reimbursement for meals described in subsection (b)(2) served during each day of operation during the periods described in subsection (c)(1), may be reimbursed for up to 1 meal and 1 snack per child served during each day of operation during-- ``(i) afterschool hours; ``(ii) weekends; and ``(iii) school holidays during the regular school calendar.''. (c) Improve Nutrition in Underserved, Hard-to-Reach Areas.--Section 13(a) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(a)) is amended-- (1) by striking paragraphs (9) and (10) and inserting the following: ``(9) Improve nutrition in underserved, hard-to-reach areas.-- ``(A) In general.--Subject to the availability of appropriations provided in advance in an appropriations Act specifically for the purpose of carrying out this paragraph, the Secretary may award competitive grants to service institutions selected by the Secretary to increase participation in the program at congregate feeding sites through-- ``(i) innovative approaches to limited transportation; and ``(ii) mobile meal trucks. ``(B) Eligibility.--To be selected to receive a grant under this paragraph, a service institution-- ``(i) may be located in any State; and ``(ii) shall-- ``(I) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; ``(II) meet criteria established by the Secretary; and ``(III) agree to the terms and conditions of the grant, as established by the Secretary. ``(C) Priority.--In awarding grants under this paragraph, the Secretary shall give priority to service institutions that-- ``(i) serve both breakfast and lunch; or ``(ii) offer educational or enrichment programs. ``(D) Travel reimbursement.--A service institution that receives a grant under subparagraph (A)(i) may use grant funds to provide reimbursement for travel to satellite congregate feeding sites. ``(E) Authorization of appropriations.--There is authorized to be appropriated to the Secretary to make competitive grants under this paragraph $10,000,000 for each fiscal year.''; and (2) by redesignating paragraphs (11) and (12) as paragraphs (10) and (11), respectively. (d) Third Meal.--Section 13(b)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1761(b)(2)) is amended by striking ``only serve lunch'' and all that follows through ``migrant children may''. | Summer Meals Act of 2014 - Amends the Richard B. Russell National School Lunch Act to redefine "areas in which poor economic conditions exist," where the summer food service program for children may operate, as areas in which at least 40% (currently, 50%) of the children have been determined to be eligible for free or reduced price school meals under the school lunch and breakfast programs. Reimburses service institutions (other than school food authorities) for up to one meal and one snack per child each day during after-school hours, weekends, and school holidays during the regular school calendar. (Currently, such institutions are reimbursed for meals and snacks served to children over the summer months or to children who are on vacation under a continuous school calendar.) Authorizes the Secretary of Agriculture (USDA) to award competitive grants to service institutions to increase participation in the summer food service program for children at congregate feeding sites through innovative approaches to limited transportation and mobile meal trucks. Allows service institutions that are participating in the summer food service program for children to serve up to three meals, or two meals and one snack, during each day of operation. (Currently, this option is reserved for camps and service institutions that serve meals primarily to migrant children.) |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Payment Rate Disclosure Act of 2006''. SEC. 2. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES FOR FREQUENTLY REIMBURSED PROCEDURES AND SERVICES. Title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1898. PUBLIC INTERNET AVAILABILITY OF MEDICARE PAYMENT RATES FOR FREQUENTLY REIMBURSED PROCEDURES AND SERVICES. ``(a) In General.-- ``(1) Initial posting.--During the initial period beginning on a date not later than 120 days after the date of the enactment of this section and ending on the date that is 240 days after such starting date, the Secretary shall make publicly available on the official Medicare Internet site the following: ``(A) Payment rates for hospital inpatient procedures.--For each procedure selected under subsection (b)(1)(A)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment under such section for the procedure, determined without regard to the application of any deduction or coinsurance amount or any adjustment under subparagraph (B), (D), (F), or (G) of paragraph (5) of such section. ``(B) Payment rates for hospital outpatient procedures.--For each procedure selected under subsection (b)(1)(A)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment under such section for the procedure, determined without regard to the application of any deductible or coinsurance. ``(C) Physician payment rates for physicians' services.--For each physicians' service selected under subsection (b)(1)(A)(iii) and for each fee schedule area under section 1848, the average payment amount determined under the fee schedule under such section for the service, determined without regard to the application of any deductible or coinsurance. ``(D) Period for which payment rates are applicable.--A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. ``(E) Services included in procedures.--A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(A). ``(F) Notice.--A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. ``(2) Posting of expanded selection.--During the period beginning on the date that is one day after the last day of the initial period described in paragraph (1), the Secretary shall make publicly available on the official Medicare Internet site the following: ``(A) Payment rates for hospital inpatient procedures.--For each procedure selected under subsection (b)(1)(B)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment described in paragraph (1)(A) for the procedure. ``(B) Payment rates for hospital outpatient procedures.--For each procedure selected under subsection (b)(1)(B)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment described in paragraph (1)(B) for the procedure. ``(C) Physician payment rates for physicians' services.--For each physicians' service selected under subsection (b)(1)(B)(iii) and for each fee schedule area under section 1848, the average payment amount described in paragraph (1)(C) for the physicians' service. ``(D) Period for which payment rates are applicable.--A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. ``(E) Services included in procedures.--A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(B). ``(F) Notice.--A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. ``(b) Selection of Procedures and Services.-- ``(1) In general.-- ``(A) Initial selection.--For purposes of subsection (a)(1) and based on the most recent national data available, the Secretary shall select the following: ``(i) At least the 30 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). ``(ii) At least the 30 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). ``(iii) At least the 30 physicians' services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. ``(B) Expanded selection.--For purposes of subsection (a)(2) and based on the most recent national data available, the Secretary shall select the following: ``(i) At least the 100 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). ``(ii) At least the 100 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). ``(iii) At least the 100 physicians' services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. ``(2) Updating expanded selection.--The Secretary shall periodically update the procedures and services selected under paragraph (1)(B). ``(3) Further expansion of selection.--The Secretary shall expand the number of procedures and services selected under paragraph (1)(B) to include as many procedures and services as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of such procedures and services. ``(c) Authority to Post Additional Information.--The Secretary may make publicly available on the official Medicare website such information on the payment rate or payment amount under this title for a procedure, item, or service not selected under subsection (b) as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of the procedure, item, or service. To the extent practicable, such information shall be provided for each payment area involved. ``(d) Administrative Provisions.-- ``(1) Use of most recent national data.--The information described in paragraphs (1) of subsection (b) and subsection (c) shall be based on the most recent national data available. ``(2) Accessibility by zip code.--Such information for an applicable payment area shall be accessible by any zip code included in such area.''. | Medicare Payment Rate Disclosure Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to make publicly available on the official Medicare Internet site: (1) payment rates for hospital inpatient procedures, outpatient procedures, and physicians' services; (2) the period for which payment rates are applicable; (3) services included in certain procedures; and (4) a statement that the average payment rates and average payment amounts are only applicable to the Medicare program and may not be available for an individual who is not purchasing such a procedure or service under the Medicare program. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act''. SEC. 2. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED STATES AND CONTRACTORS OF FEDERALLY DEVELOPED WATER SUPPLIES. (a) Conversion and Prepayment of Contracts.-- (1) Conversion.--Upon request of the contractor, the Secretary of the Interior shall convert any water service contract in effect on the date of enactment of this Act and between the United States and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph (2) under mutually agreeable terms and conditions. The manner of conversion under this paragraph shall be as follows: (A) Water service contracts that were entered into under section 9(e) of the Act of August 4, 1939 (53 Stat. 1196), to be converted under this section shall be converted to repayment contracts under section 9(d) of that Act (53 Stat. 1195). (B) Water service contracts that were entered under subsection (c)(2) of section 9 of the Act of August 4, 1939 (53 Stat. 1194), to be converted under this section shall be converted to a contract under subsection (c)(1) of section 9 of that Act (53 Stat. 1195). (2) Prepayment.--All contracts converted pursuant to paragraph (1)(A) shall-- (A) upon request of the contractor, provide for the repayment, either in lump sum or by accelerated prepayment, of the remaining net present value of the construction costs identified in water project specific irrigation rate repayment schedules, as adjusted to reflect payment not reflected in such schedule, and properly assignable for ultimate return by the contractor, or if made in approximately equal installments, no later than 3 years after the effective date of the repayment contract; such amount to be discounted by \1/2\ the Treasury rate. An estimate of the remaining net present value of construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 30 days following receipt of request of the contractor; (B) require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law; (C) provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract; and (D) continue so long as the contractor pays applicable charges, consistent with section 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law. (3) Contract requirements.--The following shall apply with regard to all contracts converted pursuant to paragraph (1)(B): (A) Upon request of the contractor, provide for the repayment in lump sum of the remaining net present value of construction costs identified in water project specific municipal and industrial rate repayment schedules, as adjusted to reflect payments not reflected in such schedule, and properly assignable for ultimate return by the contractor. An estimate of the remaining net present value of construction costs, as adjusted, shall be provided by the Secretary to the contractor no later than 30 days after receipt of request of contractor. (B) The contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph (A), and properly assignable to such contractor, shall be repaid in not more than 5 years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than $5,000,000. If such amount is $5,000,000 or greater, such cost shall be repaid as provided by applicable reclamation law; and (C) Continue so long as the contractor pays applicable charges, consistent with section 9(c)(1) of the Act of August 4, 1939 (53 Stat. 1195), and applicable law. (4) Conditions.--All contracts entered into pursuant to paragraphs (1), (2), and (3) shall-- (A) not be adjusted on the basis of the type of prepayment financing used by the water users' association; (B) conform to any other agreements, such as applicable settlement agreements and new constructed appurtenant facilities; and (C) not modify other water service, repayment, exchange and transfer contractual rights between the water users' association, and the Bureau of Reclamation, or any rights, obligations, or relationships of the water users' association and their landowners as provided under State law. (b) Accounting.--The amounts paid pursuant to subsection (a) shall be subject to adjustment following a final cost allocation by the Secretary of the Interior. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor, the contractor shall be obligated to pay the remaining allocated costs. The term of such additional repayment contract shall be not less than one year and not more than 10 years, however, mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties. In the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid, the Secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor. (c) Applicability of Certain Provisions.-- (1) Effect of existing law.--Upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection (a)(2)(A), sections 213 (a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269) shall apply to affected lands. (2) Effect of other obligations.--The obligation of a contractor to repay construction costs or other capitalized costs described in subsections (a)(2)(B), (a)(3)(B) or (b) shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of sections 213 (a) and (b) of the Reclamation Reform Act of 1982 (96 Stat. 1269) once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection (a)(2)(A) have been paid. (d) Effect on Existing Law Not Altered.--Implementation of the provisions of this Act shall not alter the repayment obligation of any water service or repayment contractor receiving water from the same water project, or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections (a)(1), (a)(2), and (a)(3) absent this section, including operation and maintenance costs, construction costs, or other capitalized costs incurred after the date of the enactment of this Act, or to other contractors. (e) Surface Water Storage Enhancement Program.-- (1) In general.--Three years following the date of enactment of this Act, all receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the date of enactment of this Act shall be directed to the Reclamation Surface Water Storage Account under paragraph (2). (2) Surface storage account.--The Secretary shall allocate amounts collected under paragraph (1) into the ``Reclamation Surface Storage Account'' to fund or provide loans for the construction of surface water storage. The Secretary may also enter into cooperative agreements with water users' associations for the construction of surface water storage and amounts within the Surface Storage Account may be used to fund such construction. Surface water storage projects that are otherwise not federally authorized shall not be considered Federal facilities as a result of any amounts allocated from the Surface Storage Account for part or all of such facilities. (3) Repayment.--Amounts used for surface water storage construction from the Account shall be fully reimbursed to the Account consistent with the requirements under Federal reclamation law (the law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093))), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) except that all funds reimbursed shall be deposited in the Account established under paragraph (1). (4) Availability of amounts.--Amounts deposited in the Account under this subsection shall-- (A) be made available in accordance with this section, without further appropriation; and (B) be in addition to amounts appropriated for such purposes under any other provision of law. (5) Purposes of surface water storage.--Construction of surface water storage under this section shall be made for the following purposes: (A) Increased municipal and industrial water supply. (B) Agricultural floodwater, erosion, and sedimentation reduction. (C) Agricultural drainage improvements. (D) Agricultural irrigation. (E) Increased recreation opportunities. (F) Reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section. (G) Any other purposes consistent with reclamation laws or other Federal law. (f) Definitions.--For the purposes of this Act, the following definitions apply: (1) Account.--The term ``Account'' means the Reclamation Surface Water Storage Account established under subsection (e)(2). (2) Construction.--The term ``construction'' means the designing, materials engineering and testing, surveying, and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities, exclusive of any Federal statutory or regulatory obligations relating to any permit, review, approval, or other such requirement. (3) Surface water storage.--The term ``surface water storage'' means any federally owned facility under the jurisdiction of the Bureau of Reclamation or any non-Federal facility used for the surface storage and supply of water resources. (4) Treasury rate.--The term ``Treasury rate'' means the 20-year Constant Maturity Treasury (CMT) rate published by the United States Department of the Treasury existing on the effective date of the contract. (5) Water users' association.--The term ``water users' association'' means-- (A) an entity organized and recognized under State laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges; and (B) includes a variety of entities with different names and differing functions, such as associations, conservatory district, irrigation district, municipality, and water project contract unit. | Accelerated Revenue, Repayment, and Surface Water Storage Enhancement Act - Directs the Secretary of the Interior to convert certain existing water service contracts between the United States and water users' associations to repayment contracts to allow for prepayment of such contracts, upon the request of the contractor. Specifies the manner of conversion and the terms and conditions of prepayment. Requires the receipts generated from prepayment of contracts under this Act, beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the 10-year period following the enactment of this Act, to be directed to the Reclamation Surface Water Storage Account. Requires the Secretary to allocate amounts in such Account to fund or provide loans for the construction of surface water storage for: increased municipal and industrial water supply; agricultural floodwater, erosion, and sedimentation reduction; agricultural drainage improvements; agricultural irrigation; increased recreation opportunities; reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this Act; and other purposes consistent with reclamation laws or other federal law. |
SECTION 1. IMMUNIZATION OF CHILDREN. Subtitle 1 of title XXI of the Public Health Service Act is amended-- (1) by redesignating section 2106 (42 U.S.C. 300aa-6) as section 2107; and (2) by inserting after section 2105 (42 U.S.C. 300aa-5) the following new section: ``SEC. 2106. IMMUNIZATION OF CHILDREN. ``(a) In General.--Subject to the other provisions of this section and notwithstanding section 17 of Public Law 89-462, in the case of infants and children who are enrolled in the program established under such section (referred to in this section as the `program') and who have not received all vaccinations that are appropriate for the age of the infants and children, a State agency (as defined in subsection (b)(13) of such section 17) may take action to-- ``(1) identify the infants and children whose health is at increased risk because the infants and children have not received the vaccinations that are appropriate for the age of the infants and children; and ``(2) ensure that the infants and children are properly vaccinated. ``(b) Verification.--To carry out this section, the State agency may require that the parent or legal guardian of an infant or child enrolled in the program submit to the State or local agency, at intervals determined by the State agency-- ``(1) a copy of the immunization record of the infant or child; or ``(2) a statement from a licensed health care provider certifying that the infant or child has received all vaccinations that are appropriate for the age of the infant or child. ``(c) State Options.--To carry out this section, in the case of an infant or child who is enrolled in the program and who has not received all vaccinations that are appropriate for the age of the infant or child, the State agency may-- ``(1) adjust or delay the delivery schedule of benefits made available under the program, except that the benefits may not be discontinued pursuant to this paragraph; or ``(2) require more frequent evaluative clinic visits for an infant or child who has been identified as being at higher medical risk because the infant or child has not received all vaccinations that are appropriate for the age of the infant or child. ``(d) Prerequisites.--A State agency may not take an action under subsection (c) unless the State agency has-- ``(1) notified the parent or legal guardian of the enrolled infant or child, in writing, of the requirements of this section not later than 90 days, and again 30 days, before the action is taken; ``(2) informed the parent or legal guardian of the need and importance of childhood vaccinations, in a manner determined by the State agency; ``(3) provided the parent or legal guardian with information concerning the availability of public and private providers of vaccination services; and ``(4) provided the parent or legal guardian with a copy of the appropriate vaccination schedule determined pursuant to subsection (e). ``(e) Appropriate Vaccinations.--To carry out this section, a State shall determine the vaccinations that are appropriate for the age of an infant or child after reviewing standards established by-- ``(1) the Secretary; ``(2) the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention; or ``(3) the American Academy of Pediatrics. ``(f) Exemptions.--An infant or child residing in a State shall be exempt from any requirement imposed under this section to the extent that the law of the State would exempt the infant or child from immunization requirements if the infant or child were entering or attending school. ``(g) Funding.--The State agency may use amounts made available under section 17 of Public Law 89-462 for the costs of nutrition services and administration (as defined in subsection (b)(4) of such section) to carry out this section (other than subsection (h)). ``(h) Grants.-- ``(1) In general.--The Secretary may make grants to States for the purpose of assisting in the vaccination of children enrolled in the program at local program offices where no health care providers are available. ``(2) Applications.--To receive a grant under this subsection, a State shall submit an application to the Secretary at such time, and containing or accompanied by such information, as the Secretary may reasonably require. ``(3) Need.--The Secretary shall award grants under this subsection based on need, as demonstrated in the application of a State. ``(4) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection $6,000,000 for each of fiscal years 1993 and 1994.''. | Amends the Public Health Service Act to authorize States to identify unimmunized infants and children enrolled in a specified program and ensure that they are immunized. Requires States to determine the vaccinations that are appropriate for the age of an infant or child. Allows States to use amounts made available under specified Federal law to carry out this Act. Authorizes grants to States to assist in the vaccination of children enrolled in such program at local program offices where no health care providers are available. Authorizes appropriations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commonsense Consumption Act of 2005''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) the food and beverage industries are a significant part of our national economy; (2) the activities of manufacturers and sellers of foods and beverages substantially affect interstate and foreign commerce; (3) a person's weight gain, obesity, or a health condition associated with a person's weight gain or obesity is based on a multitude of factors, including genetic factors and the lifestyle and physical fitness decisions of individuals, such that a person's weight gain, obesity, or a health condition associated with a person's weight gain or obesity cannot be attributed solely to the consumption of any specific food or beverage; and (4) because fostering a culture of acceptance of personal responsibility is one of the most important ways to promote a healthier society, lawsuits seeking to blame individual food and beverage providers for a person's weight gain, obesity, or a health condition associated with a person's weight gain or obesity are not only legally frivolous and economically damaging, but also harmful to a healthy America. (b) Purpose.--The purpose of this Act is to allow Congress, State legislatures, and regulatory agencies to determine appropriate laws, rules, and regulations to address the problems of weight gain, obesity, and health conditions associated with weight gain or obesity. SEC. 3. PRESERVATION OF SEPARATION OF POWERS. (a) In General.--A qualified civil liability action may not be brought in any Federal or State court. (b) Dismissal of Pending Actions.--A qualified civil liability action that is pending on the date of the enactment of this Act shall be dismissed immediately by the court in which the action was brought or is currently pending. (c) Discovery.-- (1) Stay.--In any action that is allegedly of the type described in section 4(5)(B) seeking to impose liability of any kind based on accumulative acts of consumption of a qualified product, the obligation of any party or non-party to make disclosures of any kind under any applicable rule or order, or to respond to discovery requests of any kind, as well as all proceedings unrelated to a motion to dismiss, shall be stayed prior to the time for filing a motion to dismiss and during the pendency of any such motion, unless the court finds upon motion of any party that a response to a particularized discovery request is necessary to preserve evidence or to prevent undue prejudice to that party. (2) Responsibility of parties.--During the pendency of any stay of discovery under paragraph (1), the responsibilities of the parties with regard to the treatment of all documents, data compilations (including electronically recorded or stored data), and tangible objects shall be governed by applicable Federal or State rules of civil procedure. A party aggrieved by the failure of an opposing party to comply with this paragraph shall have the applicable remedies made available by such applicable rules, provided that no remedy shall be afforded that conflicts with the terms of paragraph (1). (d) Pleadings.--In any action that is allegedly of the type described in section 4(5)(B) seeking to impose liability of any kind based on accumulative acts of consumption of a qualified product, the complaint initiating such action shall state with particularity-- (1) each element of the cause of action; (2) the Federal and State statutes or other laws that were allegedly violated; (3) the specific facts alleged to constitute the claimed violation of law; and (4) the specific facts alleged to have caused the claimed injury. (e) Rule of Construction.--No provision of this Act shall be construed to create a public or private cause of action or remedy. SEC. 4. DEFINITIONS. In this Act: (1) Engaged in the business.--The term ``engaged in the business'' means a person who manufactures, markets, distributes, advertises, or sells a qualified product in the person's regular course of trade or business. (2) Manufacturer.--The term ``manufacturer'' means, with respect to a qualified product, a person who is lawfully engaged in the business of manufacturing the product. (3) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity. (4) Qualified product.--The term ``qualified product'' means a food (as defined in section 201(f) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(f))). (5) Qualified civil liability action.-- (A) In general.--Subject to subparagraph (B), the term ``qualified civil liability action'' means a civil action brought by any person against a manufacturer, marketer, distributor, advertiser, or seller of a qualified product, or a trade association, for damages, penalties, declaratory judgment, injunctive or declaratory relief, restitution, or other relief arising out of, or related to a person's accumulated acts of consumption of a qualified product and weight gain, obesity, or a health condition that is associated with a person's weight gain or obesity, including an action brought by a person other than the person on whose weight gain, obesity, or health condition the action is based, and any derivative action brought by or on behalf of any person or any representative, spouse, parent, child, or other relative of that person. (B) Exception.--A qualified civil liability action shall not include-- (i) an action based on allegations of breach of express contract or express warranty, provided that the grounds for recovery being alleged in such action are unrelated to a person's weight gain, obesity, or a health condition associated with a person's weight gain or obesity; (ii) an action based on allegations that-- (I) a manufacturer or seller of a qualified product knowingly violated a Federal or State statute applicable to the marketing, advertisement, or labeling of the qualified product with intent for a person to rely on that violation; (II) such person individually and justifiably relied on that violation; and (III) such reliance was the proximate cause of injury related to that person's weight gain, obesity, or a health condition associated with that person's weight gain or obesity; or (iii) an action brought by the Federal Trade Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or by the Federal Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). (6) Seller.--The term ``seller'' means, with respect to a qualified product, a person lawfully engaged in the business of marketing, distributing, advertising, or selling a qualified product. (7) State.--The term ``State'' includes each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States, and any political subdivision of any such place. (8) Trade association.--The term ``trade association'' means any association or business organization (whether or not incorporated under Federal or State law) that is not operated for profit, and 2 or more members of which are manufacturers, marketers, distributors, advertisers, or sellers of a qualified product. | Commonsense Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act. Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity: (1) each element of the cause of action; (2) the Federal and State statutes that were allegedly violated; (3) the specific facts alleged to constitute the violation of law; and (4) the specific facts that are alleged to have caused the claimed injury. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Community Pharmacy Fairness Act of 2005''. SEC. 2. APPLICATION OF THE ANTITRUST LAWS TO INDEPENDENT PHARMACIES NEGOTIATING WITH HEALTH PLANS. (a) In General.--Any independent pharmacies who are engaged in negotiations with a health plan regarding the terms of any contract under which the pharmacies provide health care items or services for which benefits are provided under such plan shall, in connection with such negotiations, be entitled to the same treatment under the antitrust laws as the treatment to which bargaining units which are recognized under the National Labor Relations Act are entitled in connection with such collective bargaining. Such a pharmacy shall, only in connection with such negotiations, be treated as an employee engaged in concerted activities and shall not be regarded as having the status of an employer, independent contractor, managerial employee, or supervisor. (b) Protection for Good Faith Actions.--Actions taken in good faith reliance on subsection (a) shall not be the subject under the antitrust laws of criminal sanctions nor of any civil damages, fees, or penalties beyond actual damages incurred. (c) Limitation.-- (1) No new right for collective cessation of service.--The exemption provided in subsection (a) shall not confer any new right to participate in any collective cessation of service to patients not already permitted by existing law. (2) No change in national labor relations act.--This section applies only to independent pharmacies excluded from the National Labor Relations Act. Nothing in this section shall be construed as changing or amending any provision of the National Labor Relations Act, or as affecting the status of any group of persons under that Act. (d) Effective Date.--The exemption provided in subsection (a) shall apply to conduct occurring beginning on the date of the enactment of this Act. (e) Limitation on Exemption.--Nothing in this section shall exempt from the application of the antitrust laws any agreement or otherwise unlawful conspiracy that excludes, limits the participation or reimbursement of, or otherwise limits the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation. (f) No Effect on Title VI of Civil Rights Act of 1964.--Nothing in this section shall be construed to affect the application of title VI of the Civil Rights Act of 1964. (g) No Application to Federal Programs.--Nothing in this section shall apply to negotiations between independent pharmacies and health plans pertaining to benefits provided under any of the following: (1) The Medicaid Program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). (2) The SCHIP program under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.). (3) Chapter 55 of title 10, United States Code (relating to medical and dental care for members of the uniformed services). (4) Chapter 17 of title 38, United States Code (relating to Veterans' medical care). (5) Chapter 89 of title 5, United States Code (relating to the Federal employees' health benefits program). (6) The Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.). (h) Definitions.--For purposes of this section: (1) Antitrust laws.--The term ``antitrust laws''-- (A) has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent such section 5 applies to unfair methods of competition; and (B) includes any State law similar to the laws referred to in subparagraph (A). (2) Health plan and related terms.-- (A) In general.--The term ``health plan'' means a group health plan or a health insurance issuer that is offering health insurance coverage. (B) Health insurance coverage; health insurance issuer.--The terms ``health insurance coverage'' and ``health insurance issuer'' have the meanings given such terms under paragraphs (1) and (2), respectively, of section 733(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(b)). (C) Group health plan.--The term ``group health plan'' has the meaning given that term in section 733(a)(1) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191b(a)(1)). (3) Independent pharmacy.--The term ``independent pharmacy'' means a pharmacy which is not owned (or operated) by a publicly traded company. For purposes of the previous sentence, the term ``publicly traded company'' means a company that is an issuer within the meaning of section 2(a)(7) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)(7)). | Community Pharmacy Fairness Act of 2005 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``National Writing Project Reauthorization Act of 1993''. SEC. 2. FINDINGS. Section 201 of the Education Council Act of 1991 (hereafter in this Act referred to as the ``Act'') is amended-- (1) by amending paragraph (2) to read as follows: ``(2) the writing problem has been magnified by the rapidly changing student populations in the Nation's schools and the growing number of students who are at risk because of limited- English proficiency;''; (2) in paragraph (6)-- (A) by inserting ``writing and reading are both fundamental to learning, yet writing has been historically neglected in the schools and colleges, and'' before ``most''; and (B) by striking the comma before ``have''; (3) by amending paragraph (10) to read as follows: ``(10) the National Writing Project has become a model for programs to improve teaching in such other fields as mathematics, science, history, literature, performing arts, and foreign languages;''; (4) by amending paragraph (15) to read as follows: ``(15) each year over 100,000 teachers voluntarily seek training in National Writing Project intensive summer institutes and workshops and school-year in-service programs through one of the 154 regional sites located in 45 States, the Commonwealth of Puerto Rico, and in 4 sites that serve United States teachers teaching in United States dependent and independent schools;''; (5) by striking paragraph (17); (6) by redesignating paragraph (18) as paragraph (17); (7) in paragraph (17) (as redesignated in paragraph (7)), by striking the period at the end thereof and inserting a semicolon; and (8) by adding at the end the following new paragraphs: ``(18) independent evaluation studies have found the National Writing Project to be highly cost effective compared to other professional development programs for teachers; and ``(19) during 1991, the first year of Federal support for the National Writing Project, the National Writing Project matched the $1,951,975 in Federal support with $9,485,504 in matching funds from State, local, and other sources.''. SEC. 3. NATIONAL WRITING PROJECT. Section 202 of the Act is amended-- (1) in subsection (d)-- (A) in paragraph (3)-- (i) by striking the subparagraph designation ``(A)''; and (ii) by striking subparagraph (B); and (B) by striking paragraph (4); (2) in subsection (e)-- (A) in the matter preceding subparagraph (A) of paragraph (1), by striking ``to enable'' and inserting ``to pay the Federal share of the cost of enabling''; and (B) by adding at the end the following new paragraph: ``(4) Federal share.--For the purpose of this subsection the term ``Federal share'' means, with respect to the costs of activities assisted under this subsection, 50 percent of such costs to the elementary or secondary school teacher.''; (3) by amending subsection (g) to read as follows: ``(g) Evaluation.-- ``(1) In general.--The Secretary shall conduct an independent evaluation of the teacher training programs assisted under this section. Such evaluation shall specify the amount of funds expended by the National Writing Project and each contractor receiving assistance under this section. The results of such evaluation shall be made available to the appropriate committees of the Congress. ``(2) Funding limitation.--The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (i) for fiscal year 1994 and the 4 succeeding fiscal years to conduct the evaluation described in paragraph (1).''; (4) by amending subsection (h) to read as follows: ``(h) Research and Development Activities.-- ``(1) Grants authorized.--From amounts appropriated pursuant to the authority of subsection (i)(2), the National Writing Project shall make grants to individuals and institutions of higher education that either have participated in a National Writing Project institute or are institutions designated as National Writing Project sites, to enable such individuals and institutions to conduct research activities involving the teaching of writing. ``(2) Application review.--The National Writing Project shall establish and operate a National Review Board that shall consist of-- ``(A) leaders in the field of research in writing; and ``(B) such other individuals as the National Writing Project deems necessary. ``(3) Duties.--The National Review Board shall-- ``(A) review all applications for assistance under this subsection; and ``(B) recommended applications for assistance under this subsection for funding by the National Writing Project. ``(4) Junior researcher priority and funding rule.--(A) In awarding grants pursuant to paragraph (1), the National Writing Project shall give priority to awarding such grants to junior researchers. ``(B) The National Writing Project shall award not less than 25 percent of the funds received pursuant to subsection (i)(2) to junior researchers. ``(5) Availability of findings.--The National Writing Project shall make available to the Secretary and to the network of National Writing Project sites the findings of the research conducted pursuant to the authority of paragraph (1).''; and (5) in subsection (i)-- (A) in paragraph (1)-- (i) by striking ``1991'' and inserting ``1994''; and (ii) by striking ``fiscal years 1992 and 1993'' and inserting ``each of the 4 succeeding fiscal years''; and (B) by amending paragraph (2) to read as follows: ``(2) Research and development.--In each fiscal year in which the amount appropriated pursuant to the authority of paragraph (1) equals or exceeds $10,000,000, there are authorized to be appropriated $500,000 to carry out the provisions of subsection (h).''. | National Writing Project Reauthorization Act of 1993 - Amends the Education Council Act of 1991 (Public Law 102-62) to extend the authorization of appropriations for the National Writing Project. Revises provisions relating to the National Writing Project, including provisions for Federal share, evaluation, and research and development activities. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Farmers Disaster Assistance Act of 2011''. SEC. 2. SUPPLEMENTAL EMERGENCY DISASTER ASSISTANCE. (a) Definitions.--In this section: (1) Disaster county.--The term ``disaster county'' means a county included in the geographic area covered by a qualifying natural disaster declaration for the 2011 crop year. (2) Eligible producer.--The term ``eligible producer'' means an agricultural producer in a disaster county. (3) Eligible specialty crop producer.--The term ``eligible specialty crop producer'' means an agricultural producer that, for the 2011 crop year, as determined by the Secretary-- (A) produced, or was prevented from planting, a specialty crop; and (B) experienced crop losses in a disaster county due to excessive rainfall or related condition. (4) Qualifying natural disaster declaration.--The term ``qualifying natural disaster declaration'' means a natural disaster declared by the Secretary for production losses under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)). (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (6) Specialty crop.--The term ``specialty crop'' has the meaning given the term in section 3 of the Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7 U.S.C. 1621 note). (b) Supplemental Direct Payment.-- (1) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as are necessary to make supplemental payments under sections 1103 and 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753) to eligible producers on farms located in disaster counties that had at least 1 crop of economic significance (other than crops intended for grazing) suffer at least a 5- percent crop loss due to a natural disaster, including quality losses, as determined by the Secretary, in an amount equal to 90 percent of the direct payment the eligible producers received for the 2011 crop year on the farm. (2) Acre program.--Eligible producers that received payments under section 1105 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8715) for the 2011 crop year and that otherwise meet the requirements of paragraph (1) shall be eligible to receive supplemental payments under that paragraph in an amount equal to 90 percent of the reduced direct payment the eligible producers received for the 2011 crop year under section 1103 or 1303 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8713, 8753). (3) Insurance requirement.--As a condition of receiving assistance under this subsection, eligible producers on a farm that-- (A) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) (other than for a crop insurance pilot program under that Act) for each crop of economic significance (other than crops intended for grazing), shall obtain such a policy or plan for those crops for the next available crop year, as determined by the Secretary; or (B) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333) for each crop of economic significance (other than crops intended for grazing), shall obtain such coverage for those crops for the next available crop year, as determined by the Secretary. (4) Relationship to other law.--Assistance received under this subsection shall be included in the calculation of farm revenue for the 2011 crop year under section 531(b)(4)(A) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and section 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). (c) Specialty Crop Assistance.-- (1) In general.--Of the funds of the Commodity Credit Corporation, the Secretary shall use such sums as necessary, which shall remain available until September 30, 2012, to carry out a program of grants to States to assist eligible specialty crop producers for losses due to excessive rainfall and related conditions affecting the 2011 crops. (2) Notification.--Not later than 60 days after the date of enactment of this Act, the Secretary shall notify the State department of agriculture (or similar entity) in each State of the availability of funds to assist eligible specialty crop producers, including such terms as are determined by the Secretary to be necessary for the equitable treatment of eligible specialty crop producers. (3) Provision of grants.-- (A) In general.--The Secretary shall make grants to States for disaster counties with excessive rainfall and related conditions on a pro rata basis based on the value of specialty crop losses in those counties during the 2011 calendar year, as determined by the Secretary. (B) Timing.--Not later than 120 days after the date of enactment of this Act, the Secretary shall make grants to States to provide assistance under this subsection. (C) Maximum grant.--The maximum amount of a grant made to a State under this subsection may not exceed $40,000,000. (4) Requirements.--The Secretary shall make grants under this subsection only to States that demonstrate to the satisfaction of the Secretary that the State will-- (A) use grant funds to assist eligible specialty crop producers; (B) provide assistance to eligible specialty crop producers not later than 90 days after the date on which the State receives grant funds; and (C) not later than 30 days after the date on which the State provides assistance to eligible specialty crop producers, submit to the Secretary a report that describes-- (i) the manner in which the State provided assistance; (ii) the amounts of assistance provided by type of specialty crop; and (iii) the process by which the State determined the levels of assistance to eligible specialty crop producers. (5) Relation to other law.--Assistance received under this subsection shall be included in the calculation of farm revenue for the 2011 crop year under section 531(b)(4)(A) of the Federal Crop Insurance Act (7 U.S.C. 1531(b)(4)(A)) and section 901(b)(4)(A) of the Trade Act of 1974 (19 U.S.C. 2497(b)(4)(A)). SEC. 3. ELIMINATION OF LIMITATIONS ON CERTAIN WAIVERS FOR BORROWERS ELIGIBLE FOR DIRECT FARM OPERATING LOANS FOR FARMING OR RANCHING OPERATIONS IN COUNTIES SUBJECT TO A DISASTER DECLARATION ISSUED IN 2011. The numerical and durational limitations on waivers which may be granted under section 311(c)(4)(B) of the Consolidated Farm and Rural Development Act shall not apply with respect to an operating loan for a farming or ranching operation located in a county which is found by the Secretary of Agriculture to have been substantially affected by a natural disaster in the United States or a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that occurred in calendar year 2011. SEC. 4. SUSPENSION OF LIMITATION ON PERIOD FOR WHICH BORROWERS ARE ELIGIBLE FOR GUARANTEED FARM OPERATING LOANS FOR FARMING OR RANCHING OPERATIONS IN COUNTIES SUBJECT TO A DISASTER DECLARATION ISSUED IN 2011. Section 5102 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1949 note; Public Law 107-171) is amended-- (1) in the section heading by inserting ``for farming or ranching operations in counties subject to a disaster declaration issued in 2011'' after ``assistance''; (2) by striking ``2010'' and inserting ``2013''; and (3) by inserting ``in the case of a guaranteed operating loan for a farming or ranching operation located in a county which is found by the Secretary of Agriculture to have been substantially affected by a natural disaster in the United States or a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, that occurred in calendar year 2011'' before the period. | Farmers Disaster Assistance Act of 2011 - Directs the Secretary of Agriculture (USDA) to make supplemental payments to agricultural producers receiving direct payments for covered commodities, direct payments for peanuts, or average crop revenue election (ACRE) payments in disaster counties that had qualifying losses for the 2011 crop year. Sets forth related insurance requirements. Directs the Secretary to provide grants to qualifying states through September 30, 2012, to assist specialty crop producers for losses due to excessive rainfall and related conditions affecting the 2011 crops. Eliminates numerical and durational limitations on operating loan waivers for a farm or a ranch in a county which in 2011: (1) has been substantially affected by a natural disaster, or (2) is included in a presidentially-designated major disaster or emergency area. Amends the Farm Security and Rural Investment Act of 2002 to suspend through December 31, 2013, the limitation on the period for which borrowers are eligible for guaranteed farm operating loans in a county which in 2011: (1) has been substantially affected by a natural disaster, or (2) is included in a presidentially-designated major disaster or emergency area. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Clean School Buses Act''. SEC. 2. ESTABLISHMENT OF PILOT PROGRAM. (a) Establishment.--The Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall establish a pilot program for awarding grants on a competitive basis to eligible entities for the demonstration and commercial application of alternative fuel school buses and ultra-low sulfur diesel school buses. (b) Requirements.--Not later than 3 months after the date of the enactment of this Act, the Secretary of Energy shall establish and publish in the Federal register grant requirements on eligibility for assistance, and on implementation of the program established under subsection (a), including certification requirements to ensure compliance with this Act. (c) Solicitation.--Not later than 6 months after the date of the enactment of this Act, the Secretary shall solicit proposals for grants under this section. (d) Eligible Recipients.--A grant shall be awarded under this section only-- (1) to a local or State governmental entity responsible for providing school bus service to one or more public school systems or responsible for the purchase of school buses; or (2) to a contracting entity that provides school bus service to one or more public school systems, if the grant application is submitted jointly with the school system or systems which the buses will serve. (e) Types of Grants.-- (1) In general.--Grants under this section shall be for the demonstration and commercial application of technologies to facilitate the use of alternative fuel school buses and ultra- low sulfur diesel school buses in lieu of buses manufactured before model year 1977 and diesel-powered buses manufactured before model year 1991. (2) No economic benefit.--Other than the receipt of the grant, a recipient of a grant under this section may not receive any economic benefit in connection with the receipt of the grant. (3) Priority of grant applications.--The Secretary shall give priority to awarding grants to applicants who can demonstrate the use of alternative fuel buses and ultra-low sulfur diesel school buses in lieu of buses manufactured before model year 1977. (f) Conditions of Grant.--A grant provided under this section shall include the following conditions: (1) All buses acquired with funds provided under the grant shall be operated as part of the school bus fleet for which the grant was made for a minimum of 5 years. (2) Funds provided under the grant may only be used-- (A) to pay the cost, except as provided in paragraph (3), of new alternative fuel school buses or ultra-low sulfur diesel school buses, including State taxes and contract fees; and (B) to provide-- (i) up to 10 percent of the price of the alternative fuel buses acquired, for necessary alternative fuel infrastructure if the infrastructure will only be available to the grant recipient; and (ii) up to 15 percent of the price of the alternative fuel buses acquired, for necessary alternative fuel infrastructure if the infrastructure will be available to the grant recipient and to other bus fleets. (3) The grant recipient shall be required to provide at least the lesser of 15 percent of the total cost of each bus received or $15,000 per bus. (4) In the case of a grant recipient receiving a grant to demonstrate ultra-low sulfur diesel school buses, the grant recipient shall be required to provide documentation to the satisfaction of the Secretary that diesel fuel containing sulfur at not more than 15 parts per million is available for carrying out the purposes of the grant, and a commitment by the applicant to use such fuel in carrying out the purposes of the grant. (g) Buses.--Funding under a grant made under this section may be used to demonstrate the use only of new alternative fuel school buses or ultra-low sulfur diesel school buses-- (1) with a gross vehicle weight of greater than 14,000 pounds; (2) that are powered by a heavy duty engine; (3) that, in the case of alternative fuel school buses manufactured in model years 2003 through 2006, emit not more than 1.8 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (4) that, in the case of ultra-low sulfur diesel school buses, emit not more than-- (A) for buses manufactured in model year 2003, 3.0 grams per brake horsepower-hour of oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter; and (B) for buses manufactured in model years 2004 through 2006, 2.5 grams per brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01 grams per brake horsepower-hour of particulate matter, except that under no circumstances shall buses be acquired under this section that emit nonmethane hydrocarbons, oxides of nitrogen, or particulate matter at a rate greater than the best performing technology of the same class of ultra-low sulfur diesel school buses commercially available at the time the grant is made. (h) Deployment and Distribution.--The Secretary of Energy shall seek to the maximum extent practicable to achieve nationwide deployment of alternative fuel school buses and ultra-low sulfur diesel school buses through the program under this section, and shall ensure a broad geographic distribution of grant awards, with a goal of no State receiving more than 10 percent of the grant funding made available under this section for a fiscal year. (i) Limit on Funding.--The Secretary shall provide not less than 20 percent and not more than 25 percent of the grant funding made available under this section for any fiscal year for the acquisition of ultra-low sulfur diesel school buses. (j) Annual Report.--Not later than January 31 of each year, the Secretary of Energy shall provide a report evaluating implementation of the program under this Act to the Congress. Such report shall include the total number of grant applications received, the number and types of alternative fuel buses and ultra-low sulfur diesel school buses requested in grant applications, a list of grants awarded and the criteria used to select the grant recipients, certified engine emission levels of all buses purchased under the program, and any other information the Secretary considers appropriate. (k) Definitions.--For purposes of this section-- (1) the term ``alternative fuel school bus'' means a bus powered substantially by electricity (including electricity supplied by a fuel cell), or by liquefied natural gas, compressed natural gas, liquefied petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85 percent by volume; and (2) the term ``ultra-low sulfur diesel school bus'' means a school bus powered by diesel fuel which contains sulfur at not more than 15 parts per million. SEC. 3. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM. (a) Establishment of Program.--The Secretary of Energy shall establish a program for entering into cooperative agreements with private sector fuel cell bus developers for the development of fuel cell-powered school buses, and subsequently with not less than 2 units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses. (b) Cost Sharing.--The non-Federal contribution for activities funded under this section shall be not less than-- (1) 20 percent for fuel infrastructure development activities; and (2) 50 percent for demonstration activities and for development activities not described in paragraph (1). (c) Funding.--No more than $25,000,000 of the amounts authorized under section 4 may be used for carrying out this section for the period encompassing fiscal years 2004 through 2006. (d) Reports to Congress.--Not later than 3 years after the date of the enactment of this Act, and not later than October 1, 2006, the Secretary of Energy shall transmit to the Congress a report that-- (1) evaluates the process of converting natural gas infrastructure to accommodate fuel cell-powered school buses; and (2) assesses the results of the development and demonstration program under this section. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy for carrying out this Act, to remain available until expended-- (1) $60,000,000 for fiscal year 2003; (2) $70,000,000 for fiscal year 2004; (3) $80,000,000 for fiscal year 2005; and (4) $90,000,000 for fiscal year 2006. | Clean School Buses Act - Directs the Secretary of Energy to establish a pilot program for awarding grants on a competitive basis to eligible entities for the demonstration and commercial application of alternative fuel school buses and ultra-low sulfur diesel school buses. Directs the Secretary to establish a program for entering into cooperative agreements with private sector fuel cell bus developers to develop fuel cell-powered school buses, and subsequently with at least two units of local government using natural gas-powered school buses and such private sector fuel cell bus developers to demonstrate the use of fuel cell-powered school buses. |
SECTION 1. FINDINGS. Congress finds the following: (1) The Kingdom of Saudi Arabia does not provide legal protection for freedom of religion because Salafi Islam is the official religion of the country. (2) The Mutawwa'in, or religious police, has engaged in the persecution of non-Muslims in Saudi Arabia, most recently in the late May 2005 detention of seven Christians whose private security and property were violated. (3) The annual Department of State Report on International Religious Freedom states that citizens of Saudi Arabia are denied the freedom to choose or change their religion. Specifically, conversion by a Muslim to another religion is considered apostasy, a crime punishable by death if the accused does not recant. (4) Sunni Muslims are discriminated against in government employment and higher education and there are still cases in textbooks and teachings of anti-Shi'a instruction. (5) Individuals of the Hindu and Sikh faiths are considered under Sharia law to be polytheists and are therefore permitted in accidental death or injury compensation to be allowed only \1/16\ of the amount a male Muslim receives in compensation in similar instances. (6) Saudi Arabia continues to prohibit non-Muslim clergy to enter the country and conduct religious services, which particularly affects religious believers such as Catholics and Orthodox Christians who require religious clergy and services regularly as part of their faith. (7) Many Christians in Saudi Arabia have been detained and deported for praying or for other practices relating to the expression of their faith. (8) Saudi Arabia law requires Saudi citizens to carry an Iqamas, or a legal resident identity card, which contains designation for ``Muslim'' and ``non-Muslim'', which leads to discrimination by the police of non-Muslims. (9) The Government of Saudi Arabia continues to violate freedom of speech, as exhibited in the November 2003 case of Mansur al-Noqaidan who criticized the Saudi Government's response to religious extremism in an editorial in The New York Times and was subsequently sentenced to lashings for incendiary comments. (10) As compiled in an extensive report by Freedom House, it was found that Saudi Arabia's General Presidency for Managing Research and Religious Fatwas disseminated through mosques in the United States ``Document No. 20,'' which states: ``It is not right for a Muslim to support the unbelievers, or to ask them to support him against his enemies, they are the enemy, do not trust them . . . Muslims should not be recruited into their Army, whether they are Arabs or non-Arabs, because the unbeliever is the enemy of the believer.''. (11) In the same Freedom House report, it was discovered that the Saudi Embassy in Washington, D.C., through its Cultural Department, distributed fatwas against Muslims who are seeking to obtain United States citizenship, even if such individuals are stateless. As an example, ``Document No. 44'' states: ``It is forbidden for a Muslim to become citizens of a country [such as the United States] governed by infidels,'' which exhibits a clear hatred and contempt for civil society and pluralism in the United States. (12) The Saudi Air Force, Foreign Ministry, and Embassy in Washington, D.C., have been used to propagate the aforementioned hate ideology and to facilitate religious extremism into the United States by spreading anti-pluralistic and anti-democratic ideologies. (13) Saudi Arabia is a country that practices religious apartheid and continuously subjugates its citizenry, both Muslim and non-Muslim, to a specific interpretation of Islam. Saudi Arabia is a country that, through its system of education and segregation, is a breeding pool for terrorists. Saudi Arabia is a country that exports through official government agencies both terrorists and its discriminatory values. Saudi Arabia is also a country that benefits from American money through intermediate companies which fund such activities. SEC. 2. STATEMENT OF POLICY RELATING TO DIVESTITURE FROM SAUDI ARABIA. It shall be the policy of the United States to work to ensure that managers of United States Government pension plans or thrift savings plans, managers of pension plans maintained in the private sector by plan sponsors in the United States, and managers of mutual funds sold or distributed in the United States immediately initiate efforts to divest all investments of such plans or funds in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities. It shall further be the policy of the United States to ensure that assets from such divestitures are not to be invested in the stocks, securities, or other obligations of any entity that directly or through a subsidiary is engaged in financial activities in Saudi Arabia or its instrumentalities. SEC. 3. STATEMENT OF POLICY RELATING TO PROHIBITION ON FUTURE INVESTMENT. It shall be the policy of the United States to ensure that there is no future investment in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities. It shall further be the policy of the United States to ensure that no such assets are invested in the stocks, securities, or other obligations of any entity that directly or through a subsidiary is engaged in business with Saudi Arabia or its instrumentalities. SEC. 4. REPORT. (a) In General.--Not later than 30 days after the date of the enactment of this Act, and every six months thereafter, the Secretary of the Treasury, in consultation with the Secretary of Commerce, shall submit to Congress a report on all investments sold, redeemed, divested, or withdrawn from the Kingdom of Saudi Arabia or its instrumentalities. (b) Information to Be Included in Report.--The report required by subsection (a) shall contain the following information with respect to each investment described in such subsection: (1) The name or other identification of the entity. (2) The amount of the investment in the entity. (3) The progress made toward divestment. (4) Efforts by the Department of the Treasury and Department of Commerce to inform United States investors of policies articulated in sections 3 and 4 of this Act and the policies of the Kingdom of Saudi Arabia that this Act seeks to address. | Makes it the policy of the United States to: (1) work to ensure the divestiture by U.S. government and private pension plans or thrift savings plans and mutual funds sold or distributed in the United States of all investments in any bank or financial institution that directly or through a subsidiary has outstanding loans to or financial activities in the Kingdom of Saudi Arabia or its instrumentalities; and (2) ensure there is no such future investment. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Exemplary Breastfeeding Support Act''. SEC. 2. SUPPORT FOR BREASTFEEDING IN THE WIC PROGRAM. (a) In General.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended-- (1) in subsection (a), in the second sentence, by striking ``supplemental foods and nutrition education through any eligible local agency'' and inserting ``supplemental foods and nutrition education, including breastfeeding promotion and support, through any eligible local agency''; and (2) in subsection (h)(4)-- (A) by striking ``(4) The Secretary'' and all that follows through ``(A) in consultation'' and inserting the following: ``(4) Requirements.-- ``(A) In general.--The Secretary shall-- ``(i) in consultation''; (i) by redesignating subparagraphs (B) through (F) as clauses (ii) through (vi), respectively, and indenting appropriately; (ii) in clause (v) (as so redesignated), by striking ``and'' at the end; (iii) in clause (vi) (as so redesignated), by striking ``2010 initiative.'' and inserting ``initiative; and''; and (iv) by adding at the end the following: ``(vii) annually compile and publish breastfeeding performance measurements based on program participant data on the number of partially and fully breastfed infants, including breastfeeding performance measurements for-- ``(I) each State agency; and ``(II) each local agency; ``(viii) in accordance with subparagraph (B), implement a program to recognize exemplary breastfeeding support practices at local agencies or clinics participating in the special supplemental nutrition program established under this section; and ``(ix) in accordance with subparagraph (C), implement a program to provide performance bonuses to State agencies participating in the special supplemental nutrition program established under this section that achieve-- ``(I) the highest proportion of participating breastfed infants; or ``(II) the greatest improvement in the proportion of participating breastfed infants. ``(B) Exemplary breastfeeding support practices.-- In evaluating exemplary practices under subparagraph (A)(viii), the Secretary shall consider-- ``(i) performance measurements of breastfeeding; ``(ii) the effectiveness of a peer counselor program; ``(iii) the extent to which the agency or clinic has partnered with other entities to build a supportive breastfeeding environment for women participating in the program; and ``(iv) such other criteria as the Secretary considers appropriate after consultation with State and local program agencies. ``(C) Performance bonuses.-- ``(i) In general.--Following the publication of breastfeeding performance measurements under subparagraph (A)(vii), the Secretary shall provide performance bonus payments to State agencies that demonstrate-- ``(I) the highest proportion of participating breastfed infants, as compared to other State agencies participating in the program; or ``(II) the greatest improvement in proportion of participating breastfed infants, as compared to other State agencies participating in the program. ``(ii) Consideration.--In providing performance bonus payments to State agencies under this subparagraph, the Secretary shall consider the proportion of participating fully breastfed infants that are served by the State agency. ``(iii) Use of funds.--A State agency that receives a performance bonus under clause (i)-- ``(I) shall treat the funds as program funds; and ``(II) may transfer the funds to local agencies for use in carrying out the program. ``(iv) Implementation.--The Secretary shall provide the first performance bonuses not later than 1 year after the date of enactment of this clause and may subsequently revise the criteria for awarding performance bonuses.''. (b) Breast Pumps.--Section 17(h)(1)(C)(ii) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)(C)(ii)) is amended by inserting ``, including amounts provided through a contingency reserve under the terms and conditions established by the Secretary,'' after ``clause (i)''. | Exemplary Breastfeeding Support Act - Amends the Child Nutrition Act of 1966 to direct the Secretary of Health and Human Services (HHS) to implement programs in support of breastfeeding in the special supplemental nutrition program for women, infants, and children (WIC). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Enhanced Methamphetamine Treatment Grants Assistance Act of 2007''. SEC. 2. GRANTS FOR WRAP-AROUND METHAMPHETAMINE TREATMENT SERVICES. Subpart 1 of part B of title V of the Public Health Service Act is amended-- (1) by redesignating section 514, as added by section 3634 of Public Law 106-310 (114 Stat. 1236), as section 514B; and (2) by inserting after section 514B, as redesignated by paragraph (1), the following new section: ``SEC. 514C. GRANTS FOR COMPREHENSIVE WRAP-AROUND METHAMPHETAMINE TREATMENT SERVICES. ``(a) Authorization.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall provide awards of grants to public, private, and nonprofit entities and Indian tribes and tribal organizations to establish programs to provide for and coordinate the provision of wrap- around services described in subsection (c) to methamphetamine-affected individuals described in subsection (b), in accordance with this section. ``(b) Methamphetamine-Affected Individual Described.--For purposes of subsection (a), a methamphetamine-affected individual is an individual who-- ``(1)(A) resided in a residential inpatient treatment facility for the treatment of methamphetamine abuse or addiction; or ``(B) received treatment for methamphetamine abuse or addiction from an intensive outpatient treatment facility; and ``(2) after successful completion of such treatment reenters the community of such individual. ``(c) Wrap-Around Services Described.--In the case of a methamphetamine-affected individual, wrap-around services described in this subsection are as follows: ``(1) Medical services. ``(2) Dental services. ``(3) Mental health services. ``(4) Child care services. ``(5) Job training services. ``(6) Housing assistance. ``(7) Training in parenting. ``(8) Prevention services for family members, with respect to methamphetamine abuse or addiction. ``(9) Transportation assistance services for purposes of participation in the services listed in paragraphs (1) through (8). ``(d) Minimum Qualifications for Receipt of Award.--To be eligible to receive an award under subsection (a), an applicant shall provide assurances to the satisfaction of the Secretary that-- ``(1) the applicant has the capacity to carry out a program described in such subsection; ``(2) the applicant, or any entity through which the applicant will provide services described in subsection (c), meets all applicable State licensure or certification requirements regarding the provision of the services involved; and ``(3) the applicant has entered into agreements with entities in the community involved through which the applicant will provide such services. ``(e) Priority for Grants Distributions.--In making grants under this section, the Secretary shall give priority to applications for programs that serve communities with high or increasing rate of methamphetamine abuse or addiction, as specified by the Secretary. ``(f) Reports.--For each year that an entity receives a grant under subsection (a) for a program, such entity shall submit to the Secretary a report on the results and effectiveness of the program. ``(g) Definitions.--For purposes of this section: ``(1) Residential inpatient treatment facility.--The term `residential inpatient treatment facility' means a facility that provides treatment for substance abuse and in which health professionals and clinicians provide a planned regimen of 24- hour professionally-directed evaluation, care, and treatment for such substance abuse in an inpatient setting, including 24- hour observation and monitoring. ``(2) Intensive outpatient treatment facility.--The term `intensive outpatient treatment facility' means a facility that provides treatment for substance abuse in which health professional and clinicians provide regularly scheduled sessions. with respect to such treatment, within a structured program and that provides a minimum of 9 hours of treatment during a week. ``(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section, $40,000,000 for each of fiscal years 2009 through 2013.''. SEC. 3. FAMILY-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS. (a) Extension and Expansion of Residential Treatment Program for Pregnant and Postpartum Women To Include Caregiver Parents.--Section 508 of the Public Health Service Act (42 U.S.C. 290bb-1) is amended-- (1) in the heading, by striking ``pregnant and postpartum women'' and inserting ``caregiver parents, including pregnant women''; (2) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by inserting ``and Indian tribes and tribal organizations'' after ``private entities''; and (ii) by striking ``pregnant and postpartum women treatment for substance abuse'' and inserting ``caregiver parents, including pregnant women, treatment for substance abuse (including treatment for addiction to methamphetamine)''; and (B) in each of paragraphs (1), (2), and (3), by striking ``women'' and inserting ``caregiver parents'' each place it appears; (3) in subsection (b)(2), by striking ``woman'' and inserting ``caregiver parent''; (4) in subsection (c)-- (A) in paragraph (1)-- (I) strike ``eligible woman'' and insert ``eligible caregiver parent''; (ii) strike ``with the women'' and insert ``with the parent''; and (iii) strike ``to the woman'' and insert ``to the parent''; (B) in paragraph (2)(B), strike ``woman'' and insert ``caregiver parent''; (5) in subsection (d), strike ``woman'' and insert ``caregiver parent'' each place it appears and strike ``women'' and insert ``caregiver parents'' each place it appears; (6) in subsection (h), strike ``pregnant and postpartum women'' and insert ``caregiver parents''; (7) in subsection (j), strike ``woman'' and insert ``caregiver parent'' each place it appears; (8) in subsection (k)(2), strike ``women'' and insert ``caregiver parents''; (9) by amending subsection (m) to read as follows: ``(m) Use of Funds; Priority for Certain Areas Served.-- ``(1) Use of funds.--A funding agreement for an award under subsection (a) for an applicant is that funds awarded under such subsection to such applicant shall be used for programs according to the following order of priority: ``(A) For a program that provides services to caregiver parents who are pregnant and postpartum women. ``(B) For a program that provides services to caregiver parents who are single parents and the sole caregivers with respect to their children. ``(C) For a program that provides services to any caregiver parents. ``(2) Priority for certain areas served.--In making awards under subsection (a), the Director shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(A) is a rural area; ``(B) an area determined by the Director to have a shortage of family-based substance abuse treatment options; or ``(C) is determined by the Director to have high rates of addiction to methamphetamine.''; (10) in subsection (p), by striking ``October 1, 1994'' and inserting ``October 1, 2008''; (11) in subsection (q)-- (A) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; (B) by inserting after paragraph (1) the following new paragraph: ``(2) The term `caregiver parent' means, with respect to a child, a parent or legal guardian with whom the child resides, and includes a pregnant woman.''; and (C) by amending paragraph (3), as redesignated by subparagraph (A) of this paragraph, to read as follows: ``(3) The term `eligible caregiver parent' means a caregiver parent who has been admitted to a program operated pursuant to subsection (a).''; and (12) in subsection (r), by striking ``such sums as may be necessary to fiscal years 2001 through 2003'' and inserting ``$70,000,000 for each of fiscal years 2009 through 2013''. (b) Program To Reduce Substance Abuse Among Nonviolent Offenders: Family Treatment Alternatives to Incarceration.--Title V of the Public Health Service Act (42 U.S.C. 290aa et seq.) is amended by inserting after section 509 the following: ``SEC. 510. PROGRAM TO REDUCE SUBSTANCE ABUSE AMONG NONVIOLENT OFFENDERS: FAMILY TREATMENT ALTERNATIVES TO INCARCERATION. ``(a) In General.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall make awards of grants, cooperative agreements, or contracts to public and nonprofit private entities and Indian tribes and tribal organizations for the purpose of assisting local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services (including treatment for addiction to methamphetamine) to pregnant and parenting adults who are considered nonviolent offenders. ``(b) Minimum Qualifications for Nonprofit Private Entities.--An award may be made under subsection (a) to an applicant that is a nonprofit private entity only if the Secretary determines that-- ``(1) the applicant has the capacity to provide the services described subsection (a); and ``(2) the applicant meets all applicable State licensor and certification requirements regarding the provision of substance abuse treatment services. ``(c) Requirements Applicable to Family Drug Treatment Program That Is an Alternative to Incarceration.--A grant under this section may be used for a family drug treatment program that is an alternative to incarceration only if the program complies with the following: ``(1) The program is a comprehensive, long-term family treatment program focused on the treatment of the parent and child. ``(2) The program and its providers meet all applicable State licensor and certification requirements regarding the provision of substance abuse treatment services. ``(3) Each parent offender who participates in the program is sentenced to, or placed with, a long-term family treatment program (which shall include a residential component). ``(4) Each parent offender who participates in the program serves a sentence with respect to the underlying crime if that parent offender does not successfully complete treatment with the residential treatment provider. ``(5) The program has mandatory periodic drug testing. The Secretary shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such testing. The standards shall ensure that-- ``(A) each individual participating in the program as an alternative to incarceration is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Secretary may require; and ``(B) the testing is accurate and practicable; and ``(C) the drug testing regime is a factor in determinations of whether program participants successfully complete treatment. ``(d) Allocation of Awards.--In making awards under subsection (a), the Secretary shall give priority to any entity that agrees to use the award for a program serving an area that-- ``(1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Secretary to have a shortage of family-based substance abuse treatment options; and ``(2) is determined by the Secretary to have high rates of addiction to methamphetamine or other drugs. ``(e) Definitions.--In this section the terms `family drug treatment', `family treatment', and `comprehensive, long-term family treatment' describe programs that provide, or are able to provide referrals for, the following services: Substance abuse treatment, children's early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, prenatal care, sexual abuse therapy, relapse prevention, transportation, and job or vocational training or general equivalency diploma (GED) classes. ``(f) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated $40,000,000 for each of fiscal years 2009, 2010, and 2011, and $50,000,000 for each of fiscal years 2012 and 2013.''. SEC. 4. METHAMPHETAMINE TREATMENT PROGRAM GRANTS FOR UNDERSERVED POPULATIONS. Subpart 1 of part B of such title, as amended by section 2, is further amended by adding at the end the following new section: ``SEC. 514D. METHAMPHETAMINE TREATMENT PROGRAM GRANTS FOR UNDERSERVED POPULATIONS. ``(a) Authorization.--The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall provide awards of grants to public, private, and nonprofit entities and Indian tribes and tribal organizations for the purpose of providing services in connection with the treatment of methamphetamine use or addiction to underserved populations. ``(b) Underserved Populations Described.--For purposes of subsection (a), an underserved population, with respect to services described in such subsection, is a population of individuals who are-- ``(1) not eligible for such services under title XVIII of the Social Security Act and are not eligible for medical assistance for such services under title XIX of such Act; ``(2) not receiving such services through a drug court; and ``(3) not eligible for such services under a program for pregnant or parenting women. ``(c) Eligibility.--To be eligible to receive an award under subsection (a), an applicant shall provide assurances to the satisfaction of the Secretary that the population that will be furnished services funded by such award will be an underserved population. ``(d) Priority for Grant Distributions.--In making grants under this section, the Secretary shall give priority to applications for programs designed to serve individuals who proactively seek treatment for methamphetamine use or addiction and who are not required to do so by court order or other form of law enforcement. ``(e) Reports.--For each year that an entity receives a grant under subsection (a) for a program, such entity shall submit to the Secretary a report on the results and effectiveness of the program. ``(f) Authorization for Appropriations.--There is authorized to be appropriated to carry out this section, $60,000,000 for each of the fiscal years 2009 through 2013.''. SEC. 5. SAMHSA STUDY ON METHAMPHETAMINE TREATMENT METHODS. (a) Study.--The Secretary of Health and Human Services, through the National Clearinghouse for Alcohol and Drug Information, shall conduct a study to identify methamphetamine use and addiction treatment methodologies and to evaluate the efficacy of such methodologies. (b) Report.--By not later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the results of the study under subsection (a). | Enhanced Methamphetamine Treatment Grants Assistance Act of 2007 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award grants for wraparound services, including medical services, job training service, housing assistance, and training in parenting, for methamphetamine infected individuals who: (1) resided in a residential treatment facility for the treatment of methamphetamine abuse or addiction; or (2) received treatment for methamphetamine abuse or addiction from an intensive outpatient treatment facility. Changes the program for substance abuse for pregnant and postpartum women to a program for treatment of substance abuse for caregiver parents, including pregnant women. Requires grantees to give priority to programs that provide services to caregiver parents who are pregnant and postpartum women. Requires the Secretary, acting through the Administrator, to award grants to assist local jails and detention facilities in providing comprehensive, family-based substance abuse treatment services to pregnant and parenting adults who are considered nonviolent offenders. Sets forth requirements if such a grant is used for a family drug treatment program that is an alternative to incarceration. Directs the Secretary, acting through the Administrator, to award grants for services in connection with the treatment of methamphetamine use or addiction to underserved populations. Requires the Secretary, through the National Clearinghouse for Alcohol and Drug Information, to conduct a study to identify and evaluate methamphetamine use and addiction treatment methodologies. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Patient Access to Drugs in Shortage Act of 2012''. SEC. 2. MARKET STABILITY INCENTIVES. (a) Medicare.-- (1) In general.--Section 1847A(b) of the Social Security Act (42 U.S.C. 1395w-3a(b)) is amended-- (A) in paragraph (1), in the matter preceding subparagraph (A), by striking ``paragraph (7)'' and inserting ``paragraphs (7) and (9)''; and (B) by adding at the end the following new paragraph: ``(9) Sterile injectable products with 3 or fewer active manufacturers.-- ``(A) In general.--The payment amount for a drug described in subparagraph (B) that is furnished on or after July 1, 2013, and before January 1, 2020, shall be equal to-- ``(i) in the case of a drug described in subparagraph (B)(i), the volume-weighted wholesale acquisition cost determined under subparagraph (C) for the drug; and ``(ii) in the case of a drug described in subparagraph (B)(ii), the wholesale acquisition cost (as defined in subsection (c)) of the drug. ``(B) Drug described.-- ``(i) In general.--A drug described in this subparagraph is a sterile injectable drug product that is manufactured by 3 or fewer active manufacturers (as determined by the Secretary) and is-- ``(I) a multiple source drug (as described in subsection (c)(6)(C)) for which there is no period of exclusivity in effect or available under section 505(j), 505A, or 527 of the Federal Food, Drug, and Cosmetic Act; or ``(II) a single source drug (as described in subsection (c)(6)(D)(ii)) for which there is no period of exclusivity in effect or available under section 505(c), 505A, or 527 of the Federal Food, Drug, and Cosmetic Act. ``(ii) Sterile injectable drug defined.--In this paragraph, the term `sterile injectable drug' means a drug approved by the Food & Drug Administration that is injected into the body. ``(C) Use of volume-weighted average wholesale acquisition costs for multiple source drugs.--The volume-weighted average wholesale acquisition costs under this paragraph shall be determined under this subparagraph in the same manner as the volume-weighted average of the average sales prices is determined under paragraph (6) except that, for purposes of this paragraph, any reference in such paragraph (6) to the average sale prices for a drug is deemed a reference to wholesale acquisition cost (as defined in subsection (c)(6)(B)) for the drug.''. (2) HOPD prospective payment system.--Section 1833(t)(14) of the Social Security Act (42 U.S.C. 1395l(t)(14)) is amended-- (A) in subparagraph (A)(iii), in the matter preceding subclause (I), by striking ``subparagraph (E)'' and inserting ``subparagraphs (E) and (I)''; and (B) by adding at the end the following new subparagraph: ``(I) Sterile injectable products with 3 or fewer active manufacturers.--The amount of payment for a drug described in section 1847A(b)(9)(B) that is furnished on or after July 1, 2013, and before January 1, 2020, shall be equal to-- ``(i) in the case of a drug described in clause (i) of such section, the volume-weighted wholesale acquisition costs amount determined under section 1847A(b)(9)(C) for the drug; and ``(ii) in the case of a drug described in clause (ii) of section 1847A(b)(9)(B), the wholesale acquisition cost (as defined in section 1847A(c)) of the drug.''. (b) Medicaid.-- (1) In general.--Section 1927(a) of the Social Security Act (42 U.S.C. 1396r-8(a)) is amended by adding at the end the following new paragraph: ``(8) Sterile injectable products with 3 or fewer active manufacturers.-- ``(A) In general.--Paragraph (1) of this subsection and section 1903(i)(10)(A) shall not apply to a drug that is described in section 1847A(b)(9)(C), that is furnished on or after July 1, 2013, and before January 1, 2020, and for which payment may be made under part B of title XVIII. ``(B) Guidance.--Not later than July 1, 2013, the Secretary shall publish guidance on the exclusion of certain sterile injectable products under subparagraph (A).''. (2) Conforming amendment.--Section 1903(i)(10)(A) of the Social Security Act (42 U.S.C. 1396b(i)(10)(A)) is amended by striking ``unless section 1927(a)(3) applies'' and inserting ``unless paragraph (3) or (9) of section 1927(a) applies''. (c) 340B Program.-- (1) In general.--Section 340B of the Public Health Service Act (42 U.S.C. 256b) is amended by inserting after subsection (e) the following: ``(f) Exclusion of Certain Sterile Injectable Products.-- ``(1) In general.--For purposes of this section (including with respect to the prohibition described in subsection (a)(5)(L)(iii)), the term `covered outpatient drug' shall not include a drug that is described in section 1847A(b)(9)(C) of the Social Security Act, that is furnished on or after July 1, 2013, and before January 1, 2020, and for which payment may be made under part B of title XVIII of such Act. ``(2) Guidance.--Not later than July 1, 2013, the Secretary shall publish guidance on the exclusion of certain sterile injectable products under paragraph (1).''. (d) Study and Report.-- (1) In general.--The Secretary of Health and Human Services shall contract with an independent entity to study the effects of the amendments made by this section on patient access to sterile injectable products. (2) Report.--As a condition of the contract described under paragraph (1), the independent entity shall agree to submit to Congress and such Secretary, not later than 3 years after the date of enactment of this Act, a report that describes the results of the study conducted under paragraph (1). SEC. 3. EXCLUSION OF BRANDED PRESCRIPTION DRUGS FROM ANNUAL FEE DURING PERIODS OF SHORTAGE. (a) In General.--Subsection (e) of section 9008 of the Patient Protection and Affordable Care Act is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Exclusion during shortage.--The term `branded prescription drug sales' shall not include sales of any branded prescription drug that-- ``(A) is on the drug shortage list maintained under section 506E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 356e), and ``(B)(i) is the listed drug (as defined in section 505(j)(2)(A)(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(2)(A)(i)) for a drug for which the approval of an application under section 505(j) of such Act (21 U.S.C. 355(j)) is in effect, or ``(ii) is the reference product (as defined in section 351(i) of the Public Health Service Act (42 U.S.C. 262(i)) for a biological product for which the approval of an application under section 351(k) of such Act (42 U.S.C. 262(j)) is in effect.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to sales after the date of the enactment of this Act. | Patient Access to Drugs in Shortage Act of 2012 - Amends title XVIII (Medicare) of the Social Security Act (SSA), with respect to use of average sales price payment methodology for drugs and biologicals, to prescribe a formula for determining the payment amount, using the volume-weighted wholesale acquisition cost, for a multiple source or a single source sterile injectable drug product with three or fewer active manufacturers, if there is no period of exclusivity in effect or available. Incorporates such payment methodology under the hospital outpatient department prospective payment system for any such drug furnished between July 1, 2013, and January 1, 2020. Amends SSA title XIX (Medicaid) to exempt from the rebate agreement requirement a multiple source drug furnished between July 1, 2013, and January 1, 2020, and for which payment may be made under Medicare part B (Supplementary Medicare Insurance). Amends the Public Health Service Act to exclude such multiple source drugs from the term "covered outpatient drug" subject to specified price limitations under the "340B" drug pricing program. Directs the Secretary to contract with an independent entity to study the effects of this Act on patient access to sterile products. Amends the Patient Protection and Affordable Care Act to exclude certain branded prescription drugs on a specified drug shortage list from the annual fee imposed on branded prescription pharmaceutical manufacturers and importers. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Commission for Comprehensive Review of the Federal Aviation Administration Act''. SEC. 2. COMMISSION. (a) Establishment.--There is established a commission to be known as the Commission for Comprehensive Review of the Federal Aviation Administration (referred to in this section as the ``Commission''). (b) Functions.--The functions of the Commission shall be-- (1) to review existing and alternative options for organizational structure of air traffic services, including a government corporation and incentive based fees for services; (2) to provide recommendations for any necessary changes in structure of the Federal Aviation Administration so that it will be able to support the future growth in the national aviation and airport system; except that the Commission may only recommend changes to the structure and organization of the Federal Aviation Administration that are within the existing structure of the Federal Government; (3) to review air traffic management system performance and to identify appropriate levels of cost accountability for air traffic management services; (4) to review aviation safety and make recommendations for the long-term improvement of safety; and (5) to make additional recommendations that would advance more efficient and effective Federal Aviation Administration for the benefit of the general traveling public and the aviation transportation industry. (c) Membership.-- (1) Appointments.--The Commission shall be composed of 24 members appointed by the President as follows: (A) 8 individuals with no personal or business financial interest in the airline or aerospace industry to represent the traveling public. Of these, 1 shall be a nationally recognized expert in finance, 1 in corporate management and 1 in human resources management. (B) 6 individuals from the airline industry. Of these, 1 shall be from a major national air carrier, 1 from an unaffiliated regional air carrier, 1 from a cargo air carrier, 1 from the Aircraft Owners and Pilots Association, and 1 from the National Association of State Aviation Officials. (C) 3 individuals representing labor and professional associations. Of these, 1 shall be from National Air Traffic Controllers Association, 1 from the Air Line Pilots Association, and 1 from the Professional Airways Systems Specialists. (D) 2 individuals representing airports and airport authorities. Of these, 1 shall be represent a large hub airport. (E) 1 individual representing the aerospace and aircraft manufacturers industries. (F) 1 individual from the Department of Defense. (G) 1 individual from the National Aeronautics and Space Administration. (H) 2 individuals from the Department of Transportation. Of these, 1 shall be from the Federal Aviation Administration and 1 from the Office of the Secretary of Transportation. (2) Terms.--Each member shall be appointed for a term of 18 months. (d) First Meeting.--The Commission may conduct its first meeting as soon as a majority of the members of the Commission are appointed. (e) Hearings and Consultation.-- (1) Hearings.--The Commission shall take such testimony and solicit and receive such comments from the public and other interested parties as it considers appropriate, shall conduct at least 2 public hearings after affording adequate notice to the public thereof, and may conduct such additional hearings as may be necessary. (2) Consultation.--The Commission shall consult on a regular and frequent basis with the Secretary of Transportation, the Secretary of Defense, the Committee on Commerce, Science, and Transportation, the Committee on Appropriations and the Committee on Finance of the Senate, and the Committee on Transportation and Infrastructure, the Committee on Appropriations and the Committee on Ways and Means of the House of Representatives. (3) FACA not to apply.--The Commission shall not be considered an advisory committee for purposes of the Federal Advisory Committee Act (5 U.S.C. App.). (f) Access to Documents and Staff.--The Federal Aviation Administration may give the Commission appropriate access to relevant documents and personnel and shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5, United States Code (commonly known as the ``Freedom of Information Act''), cost data associated with the acquisition and operation of air traffic service systems. Any member of the Commission who receives commercial or other proprietary data from the Federal Aviation Administration shall be subject to the provisions of section 1905 of title 18, United States Code, pertaining to unauthorized disclosure of such information. (g) Travel and Per Diem.--Each member of the Commission shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from such member's usual place of residence, in accordance with section 5703 of title 5, United States Code. (h) Detail of Personnel From the Federal Aviation Administration.-- The Administrator of the Federal Aviation Administration shall make available to the Commission such staff, administrative services, and other personnel assistance as may reasonably be required to enable the Commission to carry out its responsibilities under this section. SEC. 3. REPORT OF THE COMMISSION. (a) Report to Congress.--Not later than 30 days after receiving the final report of the Commission and in no event more than 1 year after the date of the enactment of this Act, the Secretary of Transportation, after consulting the Secretary of Defense, shall transmit a report to the Committees on Commerce, Science, and Transportation, Appropriations, and Finance of the Senate and the Committees on Transportation and Infrastructure, Appropriations, and Ways and Means of the House of Representatives. (b) Contents.--The Secretary shall include in the report to Congress under subsection (a) a final report of findings and recommendations of the Commission under section 2(b), including any necessary changes to current law to carry out these recommendations in the form of proposed legislation. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as may be necessary to carry out this Act. | Commission for Comprehensive Review of the Federal Aviation Administration Act - Establishes the Commission for Comprehensive Review of the Federal Aviation Administration to: (1) review existing and alternative options for organizational structure of air traffic services, including a Government corporation and incentive based fees for services; (2) provide recommendations for any necessary changes in structure of the Federal Aviation Administration (FAA) so that it will be able to support the future growth in the national aviation and airport system; (3) review aviation safety and make recommendations for the long-term improvement of safety; and (4) make additional recommendations that would advance a more efficient and effective FAA for the benefit of the general traveling public and the aviation transportation industry. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coordination of Wind and Flood Perils Act of 2010''. SEC. 2. PAYMENT OF MULTIPERIL CLAIMS. The National Flood Insurance Act of 1968 is amended by inserting after section 1312 (42 U.S.C. 4019) the following new section: ``SEC. 1312A. PAYMENT OF MULTIPERIL CLAIMS. ``(a) Purposes.--The purposes of this section are-- ``(1) to allow an insured individual or small business to commence repairs or replacement, or both, of insured property and to recommence business operations as soon as possible after a natural disaster; and ``(2) to remove the burden of determining flood and wind loss allocation for the purpose of insurance claims from the insured and to place such burden on the entities that are responsible for the payment of such claims. ``(b) Payment of Multiperil Claims.-- ``(1) In general.--In the event of an occurrence of loss resulting from physical damage to or loss of real property or personal property related thereto located in the United States arising from the combined perils of flood and wind, the Administrator and any insurer (including a State-run windpool) that insures the wind peril shall enter into good faith negotiations regarding-- ``(A) the general method or methods by which proven claims for such multiperil losses shall be adjusted and paid; and ``(B) the allocation of such payments between the insurer, the Administrator, and the insured. ``(2) Limitation.-- ``(A) In general.--In the event that the Administrator and an insurer (including a State-run windpool) that insures the wind peril cannot agree as to the specific distribution of perils that resulted in a loss described under paragraph (1), the Administrator shall pay 50 percent of the disputed claim until the claim can be settled. ``(B) Fair share.--The terms of any agreement or negotiations entered into pursuant to paragraph (1) shall require that, in order to fully compensate the insured for his, her, or its loss as soon as practicable after the occurrence of such loss, an insurer (including a State-run windpool) that insures the wind peril pay 50 percent of any disputed claim until the claim can be settled. ``(C) No overcompensation.--The Administrator and an insurer (including a State-run windpool) that insures the wind peril shall work collaboratively to ensure that an insured policyholder does not receive payments under this section in excess of the amount of the insured's actual loss. ``(D) Rule of construction.--Nothing in this section shall be construed to negate, set aside, or void any policy limit, including any loss limitation, set forth in a standard flood insurance policy. ``(c) Failure To Reach Agreement on Loss Allocation.--The terms of any agreement or negotiations entered into pursuant to subsection (b)(1) shall require that if an insurer (including a State-run windpool) that insures the wind peril and the Administrator fail to reach an agreement regarding multiperil losses pursuant to subsection (b), including as to the cause or allocation of a multiperil loss, then each such entity shall agree to have any dispute relating to multiperil losses resolved by the arbitration panel established under subsection (d). ``(d) Arbitration Panel.-- ``(1) Establishment.--As allowed under section 1307(e) of the National Flood Insurance Act of 1968 (42 U.S.C. 4104), and notwithstanding any other provision of law, not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall establish an arbitration panel to efficiently and clearly resolve disputes relating to multiperil losses between the Administrator and an insurer (including a State-run windpool) that insures the wind peril. ``(2) Membership.--The arbitration panel established under paragraph (1) shall be comprised of 5 members. ``(3) Required qualifications.-- ``(A) Administrative law expertise.--At least 1 member of the arbitration panel established under paragraph (1) shall have expertise in administrative law. ``(B) Water resources expertise.--At least 1 member of the arbitration panel established under paragraph (1) shall have expertise in water resources. ``(C) Hurricane modeling expertise.--At least 1 member of the arbitration panel established under paragraph (1) shall have expertise in hurricane modeling. ``(4) No fema employees.--No member of the arbitration panel established under paragraph (1) may be a current or former employee of the Federal Emergency Management Agency. ``(5) Independence.--Each member of the arbitration panel established under paragraph (1) shall be independent and neutral.''. | Coordination of Wind and Flood Perils Act of 2010 - Amends the National Flood Insurance Act of 1968 to direct the Administrator of Federal Emergency Management Agency (FEMA) and any insurer (including a state-run windpool), in the event of loss resulting from physical damage to real property or personal property arising from the combined perils of flood and wind, to enter into good faith negotiations regarding: (1) payment and adjustment of proven claims for multiperil losses; and (2) the allocation of such payments among the insurer, the Administrator, and the insured. Directs the Administrator to pay 50% percent of the disputed claim until it can be settled, if the Administrator and the insurer cannot agree as to the specific distribution of perils that resulted in a loss. Requires such good faith negotiations to require that: (1) in order to fully compensate the insured for losses as soon as practicable, the insurer against wind peril shall pay 50% of any disputed claim until the claim can be settled; and (2) if an insurer against wind peril and the Administrator fail to agree regarding multiperil losses, then each shall agree to have any dispute resolved by the arbitration panel established under this Act. Directs the Administrator to establish an arbitration panel to resolve disputes relating to multiperil losses between the Administrator and an insurer against wind peril. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``The Bahrain Independent Commission of Inquiry (BICI) Accountability Act of 2015''. SEC. 2. FINDINGS. Congress makes the following findings: (1) The Kingdom of Bahrain is a party to several international human rights instruments, including the International Covenant on Civil and Political Rights, adopted December 16, 1966, and entered into force March 23, 1976, and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (2) The citizens of Bahrain significantly intensified their calls for government reform and respect for human rights in February 2011, with hundreds of thousands participating in nonviolent demonstrations. (3) Article 1 of the Royal Order No. 28 of July 1, 2011, established the Bahrain Independent Commission of Inquiry (BICI) and mandated the Commission ``to investigate and report on the events occurring in Bahrain in February/March 2011, and any subsequent consequences arising out of the aforementioned events, and to make such recommendations as it may deem appropriate''. (4) The BICI was composed of well-renowned international human rights experts who were authorized to investigate human rights violations and recommend measures for accountability. (5) The BICI received approximately 9,000 written complaints from both Bahraini citizens and foreign residents who claimed to be victims of human rights violations, and the BICI conducted over 5,000 personal interviews with those individuals. (6) The 503-page BICI report ``investigating and reporting on the events that took place in Bahrain from February 2011, and the consequences of those events'' was submitted to the Government of Bahrain on November 23, 2011. (7) The BICI report made 26 ``recommendations for reconsideration of administrative and legal actions, and recommendations concerning the institutionalization of mechanisms designed to prevent the recurrence of similar events, and how to address them''. (8) The King of Bahrain received the BICI report on November 23, 2011, and pledged to ``conceive and implement reforms that satisfy all segments of our population'' to achieve national reconciliation. (9) The Department of State stated on May 11, 2012, ``While the Government of Bahrain has begun to take some important steps to implement the recommendations of the Bahrain Independent Commission of Inquiry report, the country is becoming increasingly polarized and much work remains to be done.''. (10) On August 14, 2013, the Department of State submitted a report to Congress entitled ``Implementation of Recommendations by the Bahrain Independent Commission of Inquiry'', which determined only 5 of the 26 recommendations of the BICI report to be ``fully Implemented'' by the Government of Bahrain. (11) The BICI report determined that the Bahrain Defence Force ``was one of the main organs involved in the implementation of Royal Decree No. 18 of 2011 pursuant to which the State of National Safety was declared in Bahrain''. (12) The BICI report found the Bahrain Defence Force units ``holding law enforcement powers executed arrest warrants against some individuals, including doctors employed by the Salmaniya Medical Complex (SMC) and former parliamentarians''. (13) Human Rights First has found that no officials from the Bahrain Defence Force have been held accountable for excessive use of violence against peaceful protesters since 2011. (14) Amnesty International determined that opposition leader Ali Salman is a prisoner of conscience who was sentenced to four years in prison, after an unfair trial, on June 15, 2015. (15) According to the Project on Middle East Democracy, the Government of Bahrain summoned Bahraini opposition leader Khalil al-Marzooq over an investigation into insulting a government ministry and inciting hatred on June 30, 2015, and July 1, 2015. (16) According to the Americans for Democracy and Human Rights in Bahrain, the Government of Bahrain re-arrested the recently released Bahraini opposition leader Ibrahim Sharif in connection with a speech in which he peacefully criticized the government and called for political reform on July 12, 2015. (17) The Department of State's 2014 Human Rights Report on Bahrain released on June 25, 2014, found, ``The most serious human rights problems included . . . arrest and detention of protesters (some of whom were violent) on vague charges, occasionally leading to their torture and mistreatment in detention; and lack of due process in trials of political and human rights activists, students, and journalists, including harsh sentences.''. (18) The Department of State announced on June 29, 2015, the decision to lift the holds on security assistance to the Bahrain Defence Force and National Guard that were implemented following Bahrain's crackdown on demonstrations in 2011. SEC. 3. PROHIBITION ON SALE OF CERTAIN ARMS TO BAHRAIN. (a) In General.--Notwithstanding any other provision of law, the United States Government may not sell or transfer to the Government of Bahrain any of the items set forth in subsection (b) until the Secretary of State certifies that the Government of Bahrain has fully implemented all 26 recommendations set forth in the 2011 Bahrain Independent Commission of Inquiry (BICI) report. (b) Prohibited Items.--The items referred to in subsection (a) are as follows: (1) Tear gas. (2) Small arms. (3) Light weapons. (4) Ammunition for small arms and light weapons. (5) Humvees. (6) Other items that could reasonably be used for crowd control purposes. | Bahrain Independent Commission of Inquiry (BICI) Accountability Act of 2015 This bill prohibits the U.S. government from selling or transferring to Bahrain specified weapons and crowd control items until the Department of State certifies that Bahrain has fully implemented all 26 recommendations set forth in the 2011 Bahrain Independent Commission of Inquiry report. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``REIT Investment Diversification and Empowerment Act of 2006''. SEC. 2. AMENDMENT OF 1986 CODE. Except as otherwise expressly provided, whenever in the 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. TITLE I--FOREIGN CURRENCY AND OTHER QUALIFIED ACTIVITIES SEC. 101. REVISIONS TO REIT INCOME TESTS. (a) Addition of Permissible Income Categories.--Section 856(c) (relating to limitations) is amended-- (1) by striking ``and'' at the end of paragraph (2)(G) and by inserting after paragraph (2)(H) the following new subparagraphs: ``(I) passive foreign exchange gains; and ``(J) any other item of income or gain as determined by the Secretary;'', and (2) by striking ``and'' at the end of paragraphs (3)(H) and (3)(I) and by inserting after paragraph (3)(I) the following new subparagraphs: ``(J) real estate foreign exchange gains; and ``(K) any other item of income or gain as determined by the Secretary; and''. (b) Rules Regarding Foreign Currency Transactions.--Section 856 (defining real estate investment trust) is amended by adding at the end the following new subsection: ``(n) Rules Regarding Foreign Currency Transactions.--With respect to any taxable year-- ``(1) Real estate foreign exchange gains.--For purposes of subsection (c)(3)(J), the term `real estate foreign exchange gains' means-- ``(A) foreign currency gains (as defined in section 988(b)(1)) which are attributable to-- ``(i) any item described in subsection (c)(3), ``(ii) the acquisition or ownership of obligations secured by mortgages on real property or on interests in real property (other than foreign currency gains described in clause (i)), or ``(iii) becoming or being the obligor under obligations secured by mortgages on real property or on interests in real property (other than foreign currency gains described in clause (i)), ``(B) gains described in section 987 attributable to a qualified business unit (as defined by section 989) of the real estate investment trust, but only if such qualified business unit meets the requirements under-- ``(i) subsection (c)(3) for the taxable year; and ``(ii) subsection (c)(4)(A) at the close of each quarter that the real estate investment trust has directly or indirectly held the qualified business unit, and ``(C) any other foreign currency gains as determined by the Secretary. ``(2) Passive foreign exchange gains.--For purposes of subsection (c)(2)(I), the term `passive foreign exchange gains' means-- ``(A) gains described under paragraph (1), ``(B) foreign currency gains (as defined in section 988(b)(1)) which are attributable to any item described in subsection (c)(2) (other than those items includible under subparagraph (A)), and ``(C) any other foreign currency gains as determined by the Secretary.''. (c) Addition to REIT Hedging Rule.--Subparagraph (G) of section 856(c)(5) is amended to read as follows: ``(G) Treatment of certain hedging instruments.-- Except to the extent as determined by the Secretary-- ``(i) any income of a real estate investment trust from a hedging transaction (as defined in clause (ii) or (iii) of section 1221(b)(2)(A)) which is clearly identified pursuant to section 1221(a)(7), including gain from the sale or disposition of such a transaction, shall not constitute gross income under paragraphs (2) and (3) to the extent that the transaction hedges any indebtedness incurred or to be incurred by the trust to acquire or carry real estate assets, and ``(ii) any income of a real estate investment trust from a transaction entered into by the trust primarily to manage risk of currency fluctuations with respect to any item described in paragraphs (2) and (3), including gain from the termination of such a transaction, shall not constitute gross income under paragraphs (2) and (3), but only if such transaction is clearly identified as such before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may prescribe).''. (d) Authority to Exclude Items of Income From REIT Income Tests.-- Section 856(c)(5) is amended by adding at the end the following new subparagraph: ``(H) Secretarial authority to exclude other items of income.--The Secretary is authorized to determine whether any item of income or gain which does not otherwise qualify under paragraph (2) or (3) may be considered as not constituting gross income solely for purposes of this part.''. SEC. 102. REVISIONS TO REIT ASSET TESTS. (a) Clarification of Valuation Test.--The first sentence in the matter following section 856(c)(4)(B)(iii)(III) is amended by inserting ``(including a discrepancy caused solely by the change in the foreign currency exchange rate used to value a foreign asset)'' after ``such requirements''. (b) Clarification of Permissible Asset Category.--Section 856(c)(5), as amended by section 101(d), is amended by adding at the end the following new subparagraph: ``(I) Cash.--For purposes of this part, the term `cash' includes foreign currency if the real estate investment trust or its qualified business unit (as defined in section 989) uses such foreign currency as its functional currency (as defined in section 985(b)).''. SEC. 103. CONFORMING FOREIGN CURRENCY REVISIONS. (a) Net Income From Foreclosure Property.--Clause (i) of section 857(b)(4)(B) is amended to read as follows: ``(i) gain (including any foreign currency gain, as defined in section 988(b)(1)) from the sale or other disposition of foreclosure property described in section 1221(a)(1) and the gross income for the taxable year derived from foreclosure property (as defined in section 856(e)), but only to the extent such gross income is not described in (or, in the case of foreign currency gain, not attributable to gross income described in) section 856(c)(3) other than subparagraph (F) thereof, over''. (b) Net Income From Prohibited Transactions.--Clause (i) of section 857(b)(6)(B) is amended to read as follows: ``(i) the term `net income derived from prohibited transactions' means the excess of the gain (including any foreign currency gain, as defined in section 988(b)(1)) from prohibited transactions over the deductions (including any foreign currency loss, as defined in section 988(b)(2)) allowed by this chapter which are directly connected with prohibited transactions;''. TITLE II--TAXABLE REIT SUBSIDIARIES SEC. 201. CONFORMING TAXABLE REIT SUBSIDIARY ASSET TEST. Section 856(c)(4)(B)(ii) is amended by striking ``20 percent'' and inserting ``25 percent''. TITLE III--DEALER SALES SEC. 301. HOLDING PERIOD UNDER SAFE HARBOR. Section 857(b)(6) (relating to income from prohibited transactions) is amended-- (1) by striking ``4 years'' in subparagraphs (C)(i), (C)(iv), and (D)(i) and inserting ``2 years'', (2) by striking ``4-year period'' in subparagraphs (C)(ii), (D)(ii), and (D)(iii) and inserting ``2-year period'', and (3) by striking ``real estate asset'' and all that follows through ``if'' in the matter preceding clause (i) of subparagraphs (C) and (D) and inserting ``real estate asset (as defined in section 856(c)(5)(B) otherwise described in section 1221(a)(1) if''. SEC. 302. DETERMINING VALUE OF SALES UNDER SAFE HARBOR. Subparagraphs (C)(iii)(II) and (D)(iv)(II) of section 857(b)(6) are each amended by striking ``the aggregate adjusted bases'' and all that follows through ``the beginning of the taxable year'' and inserting ``the fair market value of property (other than sales of foreclosure property or sales to which section 1033 applies) sold during the taxable year does not exceed 10 percent of the fair market value of all of the assets of the trust as of the beginning of the taxable year''. TITLE IV--HEALTH CARE REITS SEC. 401. CONFORMITY FOR HEALTH CARE FACILITIES. (a) Related Party Rentals.--Subparagraph (B) of section 856(d)(8) (relating to special rule for taxable REIT subsidiaries) is amended to read as follows: ``(B) Exception for certain lodging facilities and health care property.--The requirements of this subparagraph are met with respect to an interest in real property which is a qualified lodging facility or a qualified health care property (as defined in subsection (e)(6)(D)(i)) leased by the trust to a taxable REIT subsidiary of the trust if the property is operated on behalf of such subsidiary by a person who is an eligible independent contractor.''. (b) Eligible Independent Contractor.--Subparagraphs (A) and (B) of section 856(d)(9) (relating to eligible independent contractor) are amended to read as follows: ``(A) In general.--The term `eligible independent contractor' means, with respect to any qualified lodging facility or qualified health care property (as defined in subsection (e)(6)(D)(i)), any independent contractor if, at the time such contractor enters into a management agreement or other similar service contract with the taxable REIT subsidiary to operate such qualified lodging facility or qualified health care property, such contractor (or any related person) is actively engaged in the trade or business of operating qualified lodging facilities or qualified health care properties, respectively, for any person who is not a related person with respect to the real estate investment trust or the taxable REIT subsidiary. ``(B) Special rules.--Solely for purposes of this paragraph and paragraph (8)(B), a person shall not fail to be treated as an independent contractor with respect to any qualified lodging facility or qualified health care property (as so defined) by reason of the following: ``(i) The taxable REIT subsidiary bears the expenses for the operation of such qualified lodging facility or qualified health care property pursuant to the management agreement or other similar service contract. ``(ii) The taxable REIT subsidiary receives the revenues from the operation of such qualified lodging facility or qualified health care property, net of expenses for such operation and fees payable to the operator pursuant to such agreement or contract. ``(iii) The real estate investment trust receives income from such person with respect to another property that is attributable to a lease of such other property to such person that was in effect as of the later of -- ``(I) January 1, 1999, or ``(II) the earliest date that any taxable REIT subsidiary of such trust entered into a management agreement or other similar service contract with such person with respect to such qualified lodging facility or qualified health care property.''. TITLE V--FOREIGN REITS SEC. 501. STOCK OF FOREIGN REITS AS REAL ESTATE ASSETS. (a) In General.--The first sentence in section 856(c)(5)(B) is amended by inserting ``or in a qualified foreign REIT'' after ``this part''. (b) Qualified Foreign REIT.--Section 856(c) is amended by adding at the end the following new paragraph: ``(8) Qualified foreign reit.--For purposes of this subsection, the term `qualified foreign REIT' means a corporation, trust, or association-- ``(A) treated as a corporation under section 7701(a)(3), ``(B) the shares or certificates of beneficial interests of which are regularly traded on an established securities market, and ``(C) which is organized in a country under rules that the Secretary determines meet the following criteria: ``(i) At least 75 percent of the entity's assets must qualify as real estate assets (determined without regard to shares or transferable certificates of beneficial interest in such entity), as determined at the close of the entity's prior taxable year. ``(ii) The entity either receives a dividends paid deduction comparable to section 561 or is exempt from corporate level tax. ``(iii) The entity is required to distribute at least 85 percent of its annual taxable income (as computed in the jurisdiction in which it is organized) to the holders of its shares or certificates of beneficial interest on an annual basis.''. SEC. 502. DIVIDENDS FROM FOREIGN REITS. Section 856(c)(3)(D) is amended by inserting ``and in qualified foreign REITs'' after ``this part''. TITLE VI--EFFECTIVE DATES SEC. 601. EFFECTIVE DATES. (a) In General.--Except as otherwise provided in this section, the amendments made by this Act shall apply to taxable years beginning after the date of the enactment of this Act. (b) REIT Hedging Rules.--The amendment made by section 101(c) shall apply to transactions entered into after the date of the enactment of this Act. | REIT Investment Diversification and Empowerment Act of 2006 - Amends Internal Revenue Code provisions relating to real estate investment trusts (REITs) to: (1) treat passive foreign exchange gains attributable to overseas real estate investment as qualifying REIT income; (2) increase from 20 to 25% the the maximum value of a REIT's total assets thay may be represented by securities of one or more taxable REIT subsidiaries; (3) revise safe harbor rules for the excise tax penalty on certain REIT sales activities; (4) treat rental payments made by a health care facility to a REIT as qualifying REIT income; and (5) treat income from, and interests in, foreign-qualified REITs as qualifying REIT income and assets. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Fire Administration Reauthorization Act of 2008''. SEC. 2. FINDINGS. Congress finds the following: (1) The loss of life due to fire has dropped significantly over the last 25 years in the United States. However, the United States still has one of the highest fire death rates in the industrialized world. For 2006, the National Fire Protection Association reported 3,245 civilian fire deaths, 17,925 civilian fire injuries, and $11,307,000,000 in direct losses due to fire. (2) Every year, over 100 firefighters die in the line of duty. The United States Fire Administration should continue its leadership to help local fire agencies dramatically reduce these fatalities. (3) Members of the fire service community should continue to work together to further the promotion of national voluntary consensus standards that increase firefighter safety. (4) The United States Fire Administration provides crucial support to the Nation's 30,300 fire departments through training, data collection, fire awareness and education, and other activities for improving fire prevention, control, and suppression technologies. (5) The collection of data on fire and other emergency incidents is a vital tool both for policy makers and emergency responders to identify and develop responses to emerging hazards. Improving the United States Fire Administration's data collection capabilities is essential for accurately tracking and responding to the magnitude and nature of the Nation's fire problem. (6) The research and development performed by the Federal Government and non-government organizations on fire technologies, techniques, and tools advance the capabilities of the Nation's fire service to prevent and suppress fires. (7) The United States Fire Administration is one of the strongest voices representing the Nation's fire service within the Federal Government, and, as such, it should have a prominent place within the Federal Government. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR UNITED STATES FIRE ADMINISTRATION. Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2216(g)(1)) is amended-- (1) in subparagraph (C), by striking ``and'' after the semicolon; (2) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (3) by adding after subparagraph (D) the following new subparagraphs: ``(E) $70,000,000 for fiscal year 2009; ``(F) $72,100,000 for fiscal year 2010; ``(G) $74,263,000 for fiscal year 2011; and ``(H) $76,490,890 for fiscal year 2012.''. SEC. 4. NATIONAL FIRE ACADEMY TRAINING PROGRAM MODIFICATIONS AND REPORTS. (a) Amendments to Fire Academy Training.--Section 7(d)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2206(d)(1)) is amended-- (1) by amending subparagraph (H) to read as follows: ``(H) response, tactics, and strategies for dealing with national catastrophes, including terrorist-caused national catastrophes and incidents that involve weapons of mass destruction;''; (2) in subparagraph (K), by striking ``forest'' and inserting ``wildland''; (3) in subparagraph (M), by striking ``response tactics and'' and inserting ``response, tactics, and''; (4) by redesignating subparagraphs (I) through (N) as subparagraphs (M) through (R), respectively; and (5) by inserting after subparagraph (H) the following new subparagraphs: ``(I) response, tactics, and strategies for fighting large-scale fires or multiple fires in a general area that cross jurisdictional boundaries; ``(J) response, tactics, and strategies for fighting fires occurring at the wildland-urban interface; ``(K) response, tactics, and strategies for fighting fires involving hazardous materials; ``(L) advanced emergency medical services training;''. (b) Triennial Reports.--Section 7 of such Act (15 U.S.C. 2206) is amended by adding at the end the following new subsection: ``(m) Triennial Report.--In the first annual report filed pursuant to section 16 for which the deadline for filing is after the expiration of the 18-month period that begins on the date of the enactment of the United States Fire Administration Reauthorization Act of 2008, and in every third annual report thereafter, the Administrator shall include information about changes made to the Academy curriculum, including-- ``(1) the basis for such changes, including a review of the incorporation of lessons learned by emergency response personnel after significant emergency events and emergency preparedness exercises performed under the National Exercise Program; and ``(2) the desired training outcome of all such changes.''. (c) Authorizing the Administrator to Enter Into Contracts to Provide On-Site Training Through Certain Accredited Organizations.-- Section 7(f) of such Act (15 U.S.C. 2206(f)) is amended to read as follows: ``(f) Assistance.-- ``(1) In general.--The Administrator is authorized to provide assistance to State and local fire service training programs through grants, contracts, or otherwise. ``(2) Authorization to enter into contracts to provide on- site training through certain accredited organizations.-- ``(A) In general.--The Administrator is authorized to enter into a contract with one or more nationally recognized organizations that have established on-site training programs that prepare fire service personnel to meet national voluntary consensus standards for fire service personnel and that facilitate the delivery of the education and training programs outlined in subsection (d)(1) directly to fire service personnel. ``(B) Restrictions.--The Administrator shall not enter into a contract with such organization unless such organization-- ``(i) provides training that leads to certification by a program accredited by a nationally recognized accreditation organization; or ``(ii) at the time the Administrator enters into the contract, provides training under such a program under a cooperative agreement with a Federal agency. ``(3) Restriction on use of funds.--The amounts expended by the Administrator to carry out this subsection in any fiscal year shall not exceed 4 percent of the amount authorized to be appropriated in such fiscal year pursuant to section 17 of this Act.''. (d) Incident Command Training Course for Fires at Ports Required.-- Not later than 2 years after the date of the enactment of this Act, the Administrator of the United States Fire Administration, in consultation with the Superintendent of the National Academy for Fire Prevention and Control, shall consolidate and integrate into the current Academy curriculum a course on incident command training for fire service personnel for fighting fires at United States ports and in marine environments, including fires on the water and aboard vessels. Such course shall not relate to border and port security. SEC. 5. NATIONAL FIRE INCIDENT REPORTING SYSTEM UPGRADES. (a) Incident Reporting System Database.--Section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by adding at the end the following new subsection: ``(d) National Fire Incident Reporting System Update.--Of the amounts made available pursuant to subparagraphs (E), (F), and (G) of section 17(g)(1), the Administrator shall use no more than an aggregate amount of $5,000,000 during the 3-year period consisting of fiscal years 2009, 2010, and 2011 to carry out activities necessary to update the National Fire Incident Reporting system to an Internet-based, real- time incident reporting database, including capital investment, contractor engagement, and user education.''. (b) Technical Correction.--Section 9(b)(2) of such Act (15 U.S.C. 2208(b)(2)) is amended by striking ``assist State,'' and inserting ``assist Federal, State,''. SEC. 6. FIRE TECHNOLOGY ASSISTANCE AND DISSEMINATION. (a) Assistance to Fire Services for Fire Prevention and Control in Wildland-Urban Interface.--Section 8(d) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2207(d)) is amended-- (1) by striking ``Rural Assistance'' in the heading and inserting ``Rural and Wildland-Urban Interface Assistance''; (2) by striking ``The Administrator'' and inserting ``(1) The Administrator''; and (3) by adding at the end the following new paragraph: ``(2) The Administrator is authorized to assist the Nation's fire services, directly or through contracts, grants, or other forms of assistance, for activities and equipment to improve fire prevention and control in the wildland-urban interface.''. (b) Dissemination.--Section 8 of such Act (15 U.S.C. 2207) is amended by adding at the end the following new subsection: ``(h) Dissemination.--Beginning 1 year after the date of the enactment of the United States Fire Administration Reauthorization Act of 2008, the Administrator, in collaboration with the relevant departments and agencies of the Federal Government, shall make available to the public information regarding United States Fire Administration funded activities to advance new knowledge and best practices in firefighting, through a regularly updated Internet database.''. SEC. 7. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY. The Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.) is amended by adding at the end the following new sections: ``SEC. 37. ENCOURAGING ADOPTION OF STANDARDS FOR FIREFIGHTER HEALTH AND SAFETY. ``The Administrator shall promote adoption by fire services of national voluntary consensus standards for firefighter health and safety, including such standards for firefighter operations, training, staffing, and fitness, by educating fire services about such standards, encouraging the adoption at all levels of government of such standards, and making recommendations on other ways in which the Federal Government can promote the adoption of such standards by fire services. ``SEC. 38. TRAINING AGENCIES ON IMPORTANCE OF CLEARING BIOMASS IN WILDLAND AREAS TO PROMOTE FIREFIGHTER SAFETY. ``In collaboration with the relevant departments and agencies of the Federal Government, the Administrator shall develop and provide information and training to relevant departments and agencies of the Federal Government on the importance of clearing biomass in wildland areas of Federal lands to promote the safety of firefighters.''. SEC. 8. COORDINATION REGARDING FIRE SERVICE-BASED EMERGENCY MEDICAL SERVICES. (a) In General.--Section 21(e) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2218(e)) is amended to read as follows: ``(e) Coordination.-- ``(1) In general.--To the extent practicable, the Administrator shall utilize existing programs, data, information, and facilities already available in other Federal Government departments and agencies and, where appropriate, existing research organizations, centers, and universities. ``(2) Coordination of fire prevention and control programs.--The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the Administrator's activities with State and local government agencies, departments, bureaus, or offices concerned with any matter related to programs of fire prevention and control with private and other Federal organizations and offices so concerned. ``(3) Coordination of fire service-based emergency medical services programs.--The Administrator shall provide liaison at an appropriate organizational level to assure coordination of the Administrator's activities with State and local government agencies, departments, bureaus, or offices concerned with programs related to emergency medical services provided by fire service-based systems with private and other Federal organizations and offices so concerned.''. (b) Fire Service-Based Emergency Medical Services Best Practices.-- Section 8(c) of such Act (15 U.S.C. 2207(c)) is amended-- (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following new paragraph: ``(2) The Administrator is authorized to conduct, directly or through contracts or grants, studies of the operations and management aspects of fire service-based emergency medical services and coordination between emergency medical services and fire services. Such studies may include the optimum protocols for on-scene care, the allocation of resources, and the training requirements for fire service-based emergency medical services.''. SEC. 9. DEFINITIONS. Section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) is amended-- (1) in paragraph (3), by striking ``Administration'' and inserting ``Administration, who is the Assistant Administrator of the Federal Emergency Management Agency''; (2) in paragraph (7), by striking ``and'' after the semicolon; (3) in paragraph (8), by striking the period at the end and inserting ``; and''; (4) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; (5) by inserting after paragraph (5) the following new paragraph: ``(6) `hazardous materials' has the meaning given such term in section 5102(2) of title 49, United States Code;''; and (6) by adding at the end the following new paragraph: ``(10) `wildland-urban interface' has the meaning given such term in section 101(16) of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511(16)).''. SEC. 10. SUPPORTING THE ADOPTION OF FIRE SPRINKLERS. Congress supports the recommendations of the United States Fire Administration regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings. Passed the House of Representatives April 3, 2008. Attest: LORRAINE C. MILLER, Clerk. | United States Fire Administration Reauthorization Act of 2008 - (Sec. 3) Amends the Federal Fire Prevention and Control Act of 1974 to authorize appropriations for the U.S. Fire Administration (USFA) for FY2009-FY2012. (Sec. 4) Authorizes the Superintendent of the National Academy for Fire Prevention and Control to include within fire service personnel training: (1) response, tactics, and strategies for dealing with non-terrorist-caused national catastrophes and incidents that involve weapons of mass destruction; (2) applying new technology and developing strategies and tactics for fighting wildfires; (3) response, tactics, and strategies for fighting large-scale or multiple fires in a general area that cross jurisdictional boundaries, fires occurring at the wildland-urban interface, and fires involving hazardous materials; and (4) advanced emergency medical services (EMS) training. Requires the Administrator of USFA to: (1) include in triennial reports information about changes made to the National Fire Academy curriculum; and (2) consolidate and integrate into that curriculum a course on incident command training for fire service personnel for fighting fires at U.S. ports and in marine environments, including fires on the water and aboard vessels. Provides that such course shall not relate to border and port security. Authorizes the Administrator to contract with one or more nationally recognized organizations that have established on-site training programs that prepare fire service personnel to meet national voluntary consensus standards for fire service personnel and that facilitate delivery of education and training programs, provided that such an organization: (1) provides training that leads to certification by a program accredited by a nationally recognized accreditation organization; or (2) provides training under such a program pursuant to a cooperative agreement with a federal agency. Limits the amounts that may be expended by the Administrator to carry out this provision to 4% of the amount authorized to be appropriated in that fiscal year to facilitate the delivery of education and training programs directly to fire service personnel. (Sec. 5) Directs the Administrator to use specified funds during FY2009-FY2011 to update the National Fire Incident Reporting system to an Internet-based, real-time incident reporting database. (Sec. 6) Authorizes the Administrator to assist the nation's fire services for activities and equipment to improve fire prevention and control in the wildland-urban interface. Directs the Administrator to make available to the public information regarding USFA funded activities, to advance new knowledge and best practices in firefighting through a regularly updated Internet database. (Sec. 7) Requires the Administrator to: (1) promote adoption by fire services of voluntary national consensus standards for firefighter health and safety; and (2) develop and provide information and training to relevant federal departments on the importance of clearing biomass in wildland areas of federal lands to promote firefighter safety. (Sec. 8) Directs the Administrator to provide liaison to assure coordination of fire service-based EMS programs. Authorizes the Administrator to conduct studies of the operations and management aspects of fire service-based EMS and coordination between EMS and fire services, including the optimum protocols for on-scene care, the allocation of resources, and the training requirements for fire service-based EMS. (Sec. 10) Expresses support for USFA recommendations regarding the adoption of fire sprinklers in commercial buildings and educational programs to raise awareness of the importance of installing fire sprinklers in residential buildings. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act of 2008''. SEC. 2. ADVANCED HEAVY DUTY HYBRID VEHICLE TECHNOLOGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL APPLICATION PROGRAM. (a) Definitions.--In this section: (1) Advanced heavy duty hybrid vehicle.--The term ``advanced heavy duty hybrid vehicle'' means a vehicle with a gross weight of more than 14,000 pounds but less than 33,000 pounds that is fueled, in part, by a rechargeable energy storage system. (2) Greenhouse gas.--The term ``greenhouse gas'' means-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; or (F) sulfur hexafluoride. (3) Plug-in hybrid vehicle.--The term ``plug-in hybrid'' means a vehicle fueled, in part, by electrical power that can be recharged by connecting the vehicle to an electric power source. (4) Program.--The term ``program'' means the competitive research, development, demonstration, and commercial application program established under this section. (5) Retrofit.--The term ``retrofit'' means the process of creating an advanced heavy duty hybrid vehicle by converting an existing, fuel-powered vehicle. (6) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Establishment.--The Secretary shall establish a competitive research, development, demonstration, and commercial application program under which the Secretary shall provide grants to eligible applicants to carry out projects to advance research and development, and to demonstrate technologies, for advanced heavy duty hybrid vehicles. (c) Applications.-- (1) In general.--The Secretary shall establish requirements for applying for grants under the program. (2) Selection criteria.-- (A) In general.--The Secretary shall establish selection criteria for awarding grants under the program. (B) Factors.--In evaluating applications, the Secretary shall-- (i) consider the ability of applicants to successfully complete both phases described in subsection (d); and (ii) give priority to applicants who, as determined by the Secretary, are best able to-- (I) fill existing research gaps and achieve the greatest advances beyond the state of current technology; and (II) achieve the greatest reduction in fuel consumption and emissions. (3) Partners.--An applicant for a grant under this section may carry out a project in partnership with other entities. (4) Schedule.-- (A) Application request.-- (i) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish in the Federal Register, and elsewhere as appropriate, a request for applications to undertake projects under the program. (ii) Application deadline.--The applications shall be due not later than 90 days after the date of the publication. (B) Application selection.--Not later than 90 days after the date on which applications for grants under the program are due, the Secretary shall select, through a competitive process, all applicants to be awarded a grant under the program. (5) Number of grants.-- (A) In general.--The Secretary shall determine the number of grants to be awarded under the program based on the technical merits of the applications received. (B) Minimum and maximum number.--The number of grants awarded under the program shall be not less than 3 and not more than 7 grants. (C) Plug-in hybrid vehicle technology.--At least half of the grants awarded under this section shall be used to promote plug-in hybrid vehicle technology. (6) Award amounts.--The Secretary shall award not more than $3,000,000 to a recipient per year for each of the 3 years of the project. (d) Program Requirements; 2 Phases.-- (1) In general.--As a condition of the receipt of a grant under this section, each grant recipient shall be required to complete 2 phases in accordance with this subsection. (2) Phase 1.-- (A) In general.--In phase 1, the recipient shall conduct research and demonstrate advanced hybrid technology by producing or retrofitting 1 or more advanced heavy duty hybrid vehicles. (B) Report.--Not later than 60 days after the completion of phase 1, the recipient shall submit to the Secretary a report containing data and analysis of-- (i) the performance of each vehicle in carrying out the testing procedures developed by the Secretary under subparagraph (E); (ii) the performance during the testing of the components of each vehicle, including the battery, energy management system, charging system, and power controls; (iii) the projected cost of each vehicle, including acquisition, operating, and maintenance costs; and (iv) the emission levels of each vehicle, including greenhouse gas levels. (C) Termination.--The Secretary may terminate the grant program with respect to the project of a recipient at the conclusion of phase 1 if the Secretary determines that the recipient cannot successfully complete the requirements of phase 2. (D) Timing.--Phase 1 shall-- (i) begin on the date of receipt of a grant under the program; and (ii) have a duration of 1 year. (E) Testing procedures.-- (i) In general.--The Secretary shall develop standard testing procedures to be used by recipients in testing each vehicle. (ii) Vehicle performance.--The procedures shall include testing the performance of a vehicle under typical operating conditions. (3) Phase 2.-- (A) In general.--In phase 2, the recipient shall demonstrate advanced manufacturing processes and technologies by producing or retrofitting 50 advanced heavy duty hybrid vehicles. (B) Report.--Not later than 60 days after the completion of phase 2, the recipient shall submit to the Secretary a report containing an analysis of -- (i) the technological challenges encountered by the recipient in the development of the vehicles; (ii) the technological challenges involved in mass producing the vehicles; and (iii) the manufacturing cost of each vehicle, the estimated sale price of each vehicle, and the cost of a comparable non- hybrid vehicle. (C) Timing.--Phase 2 shall-- (i) begins on the conclusion of phase 1; and (ii) have a duration of 2 years. (e) Research on Vehicle Usage and Alternative Drive Trains.-- (1) In general.--The Secretary shall conduct research into alternative power train designs for use in advanced heavy duty hybrid vehicles. (2) Comparison.--The research shall compare the estimated cost (including operating and maintenance costs, the cost of emission reductions, and fuel savings) of each design with similar nonhybrid power train designs under the conditions in which those vehicles are typically used, including (for each vehicle type)-- (A) the number of miles driven; (B) time spent with the engine at idle; (C) horsepower requirements; (D) the length of time the maximum or near maximum power output of the vehicle is needed; and (E) any other factors that the Secretary considers appropriate. (f) Report to Congress.--Not later than 60 days after the date the Secretary receives the reports from grant recipients under subsection (d)(3)(B), the Secretary shall submit to Congress a report containing a description of-- (1) the grant recipients and the projects funded; (2) all applicants who submitted applications for the program; (3) all data contained in reports submitted by grant recipients under subsection (d); (4) the vehicles produced or retrofitted by recipients in phases 1 and 2 of the program, including an analysis of the fuel efficiency of the vehicles; and (5) the results of the research carried out under subsections (e) and (i). (g) Coordination and Nonduplication.--To the maximum extent practicable, the Secretary shall coordinate, and not duplicate, activities under this section with other programs and laboratories of the Department of Energy and other Federal research programs. (h) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to the program. (i) Electrical Grid Research Pilot Program.--The Secretary, acting through the National Laboratories and Technology Centers of the Department of Energy, shall establish a pilot program to research and test the effects on the domestic electric power grid of the widespread use of plug-in hybrid vehicles, including plug-in hybrid vehicles that are advanced heavy duty hybrid vehicles. (j) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated to the Secretary to carry out this section $16,000,000 for each of fiscal years 2009 through 2011. (2) Limitations.--Of the funds authorized under paragraph (1), not more than $1,000,000 of the amount made available for a fiscal year may be used-- (A) to carry out the research required under subsection (e); (B) to carry out the pilot program required under subsection (i); and (C) to administer the program. SEC. 3. EXPANDING RESEARCH IN HYBRID TECHNOLOGY FOR LARGE VEHICLES. Subsection (g)(1) of the United States Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231(g)(1)) is amended by inserting ``vehicles with a gross weight over 16,000 pounds,'' before ``stationary applications,''. | Heavy Duty Hybrid Vehicle Research, Development, and Demonstration Act of 2008 - Directs the Secretary of Energy to establish a competitive program to provide between three and seven grants of up to $3 million in each of three years to advance research and development and to demonstrate technologies, including plug-in hybrid technology, for advanced heavy duty hybrid vehicles (vehicles with a gross weight of between 14,000 and 33,000 pounds that are fueled, in part, by a rechargeable energy storage system); and (2) conduct research into alternative power train designs for use in advanced heavy duty hybrid vehicles. Amends the United States Energy Storage Competitiveness Act of 2007 to direct the Secretary to conduct an applied research program on energy storage systems to support vehicles with a gross weight over 16,000 pounds. |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Working Family Child Care Tax Relief Act of 1996''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. SEC. 2. EXPANSION OF CHILD AND DEPENDENT CARE CREDIT. (a) Increase in Credit.--Paragraph (2) of section 21(a) (relating to credit for expenses for household and dependent care services necessary for gainful employment) is amended to read as follows: ``(2) Applicable percentage defined.--For purposes of paragraph (1), the term `applicable percentage' means 30 percent reduced (but not below 20 percent) by 1 percentage point for each $3,000 (or fraction thereof) by which the taxpayer's adjusted gross income exceeds $50,000.'' (b) Increase in Maximum Amount Creditable.-- (1) In general.--Section 21(c) (relating to dollar limit on amount creditable) is amended-- (A) by striking ``$2,400'' in paragraph (1) and inserting ``$4,000'', and (B) by striking ``$4,800'' in paragraph (2) and inserting ``$8,000''. (2) Phaseout for taxpayers with adjusted gross income in excess of $50,000.-- (A) In general.--Section 21(c) is amended by adding at the end the following new paragraph: ``(2) Limitation based on adjusted gross income.--If the taxpayer's adjusted gross income for the taxable year exceeds $50,000, the applicable dollar amount under paragraph (1) shall be reduced as follows: ``(A) The $4,000 amount under paragraph (1)(A) shall be reduced (but not below $2,400) by $53.33 for each $1,000 (or fraction thereof) of such excess. ``(B) The $8,000 amount under paragraph (1)(B) shall be reduced (but not below $4,800) by $106.66 for each $1,000 (or fraction thereof) of such excess.'' (2) Conforming amendments.--Section 21(c), as amended by subsection (b), is amended-- (A) by striking ``The amount'' and inserting: ``(1) In general.--The amount'', (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and (C) by striking ``paragraph (1) or (2)'' and inserting ``subparagraph (A) or (B)''. (c) Credit Made Refundable.-- (1) In general.--Section 21 (relating to credit for expenses for household and dependent care services), as amended by this section, is transferred to subpart C of part IV of subchapter A of chapter 1, inserted after section 35, and redesignated as section 36. (2) Conforming amendments.-- (A) Section 129 is amended-- (i) by striking ``21(e)'' in subsection (a)(2)(C) and inserting ``36(e)'', (ii) by striking ``21(d)(2)'' in subsection (b)(2) and inserting ``36(d)(2)'', and (iii) by striking ``21(b)(2)'' in subsection (e)(1) and inserting ``36(b)(2)''. (B) Section 213(e) is amended by striking ``section 21'' and inserting ``section 36''. (3) Clerical amendments.-- (A) The table of sections for subpart A of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 21. (B) The table of sections for subpart C of part IV of subchapter A of chapter 1 is amended by adding at the end the following new item: ``Sec. 36. Expenses for household and dependent care services necessary for gainful employment.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1997. SEC. 3. OFFSETS OF REVENUE LOSS. (a) Modifications to Foreign Earned Income Exclusion.-- (1) Repeal of $70,000 exclusion.--Paragraph (1) of section 911(a) (relating to exclusion from gross income) is amended by inserting ``in the case of taxable years beginning before January 1, 1998,'' before ``the foreign earned income''. (2) Qualified schooling expenses.-- (A) In general.--Section 911(a) is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the qualified schooling expenses of such individual.'' (B) Qualified schooling expenses.--Section 911 is amended by redesignating subsections (e) and (f) as subsections (f) and (g) and by inserting after subsection (d) the following new subsection: ``(e) Qualified Schooling Expenses.--For purposes of this section-- ``(1) In general.--For purposes of this section, the term `qualified schooling expenses' means the reasonable schooling expenses paid or incurred by or on behalf of the individual during the taxable year for the education of each dependent of the individual at the elementary or secondary level. For purposes of the preceding sentence, the elementary or secondary level means education which is the equivalent of education from the kindergarten through the 12th grade in a United States-type school. ``(2) Expenses included.--For purposes of paragraph (1), the term `schooling expenses' means the cost of tuition, fees, books, and local transportation and of other expenses required by the school. Except as provided in paragraph (3), such term does not include expenses of room and board or expenses of transportation other than local transportation. ``(3) Room, board, and travel allowed in certain cases.--If an adequate United States-type school is not available within a reasonable commuting distance of the individual's tax home, the expenses of room and board of the dependent and the expenses of the transportation of the dependent each school year between such tax home and the location of the school shall be treated as schooling expenses. ``(4) Determination of reasonable expenses.--If-- ``(A) there is an adequate United States-type school available within a reasonable commuting distance of the individual's tax home, and ``(B) the dependent attends a school other than the school referred to in subparagraph (A), then the amount taken into account under paragraph (2) shall not exceed the aggregate amount which would be charged for the period by the school referred to in subparagraph (A). ``(5) Period taken into account.--An amount shall be taken into account as a qualified schooling expense only if it is attributable to education for a period during which the individual's tax home is in a foreign country. ``(6) Special rules where schooling expenses not provided by employer.-- ``(A) In general.--To the extent the qualified schooling expenses of any individual for any taxable year is not attributable to employer provided amounts, such expenses shall be treated as a deduction allowable in computing adjusted gross income to the extent of the limitation of subparagraph (B). ``(B) Limitation.--For purposes of subparagraph (A), the limitation of this subparagraph is the excess of-- ``(i) the foreign earned income of the individual for the taxable year, over ``(ii) the amount of such income excluded from gross income under subsection (a) for the taxable year. ``(C) 1-year carryover of expenses not allowed by reason of subparagraph (b).-- ``(i) In general.--The amount not allowable as a deduction for any taxable year under subparagraph (A) by reason of the limitation of subparagraph (B) shall be treated as a deduction allowable in computing adjusted gross income for the succeeding taxable year (and only for the succeeding taxable year) to the extent of the limitation of clause (ii) for such succeeding taxable year. ``(ii) Limitation.--For purposes of clause (i), the limitation of this clause for any taxable year is the excess of-- ``(I) the limitation of subparagraph (B) for such taxable year, over ``(II) amounts treated as a deduction under subparagraph (A) for such taxable year. ``(D) Employer provided amounts.--For purposes of this paragraph, the term `employer provided amounts' means any amount paid or incurred on behalf of the individual by the individual's employer which is foreign earned income included in the individual's gross income for the taxable year (without regard to this section).'' (C) Conforming amendment.--Section 911(d)(7) is amended by inserting ``or (e)(6)(A)'' after ``subsection (c)(3)(A)''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 1997. (b) Savings From Welfare Reform.--If there is an overall decrease in Federal revenues for any fiscal year by reason of this Act (without regard to this subsection), such decrease shall be offset by the decrease in Federal expenditures for such fiscal year by reason of the amendments made by, and provisions of, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193). | Working Family Child Care Tax Relief Act of 1996 - Amends the Internal Revenue Code with respect to the child and dependent care credit to: (1) increase such credit and make it refundable; and (2) provide it with an income-based phaseout and limitation. Eliminates the foreign earned income exclusion as of a specified date. Allows an exclusion for overseas qualified elementary and secondary schooling expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Conservation Corps Act of 2008''. SEC. 2. ENERGY CONSERVATION CORPS. (a) Findings.--The Congress finds the following: (1) The Civilian Conservation Corps (CCC) established in 1933 was one of the singularly successful Federal programs in American history. (2) The CCC provided work and vocational training for 3,500,000 unemployed young Americans through projects designed to develop and conserve the country's natural resources and build and maintain its infrastructure. (3) Projects included environmental clean up, wild fire prevention, erosion control, vegetation mapping, invasive species removal, reforestation, recreational facility construction, trail building, swamp drainage, flood relief, and disaster response. (4) This extensive development and improvement of public lands by the CCC was in large part responsible for the modern national and State park systems. (5) Today, an estimated 3,800,000 18-24 year olds, roughly 15 percent of all young adults, are neither employed nor in school. Since 2000 alone, the ranks of these nonengaged young adults have grown by 700,000, a 19 percent increase. (6) High school dropouts are at high risk of incarceration. Approximately 16 percent of all young men, ages 18-24, without a high school degree or GED are either incarcerated or on parole at any point in time. According to a 2002 Report from the Bureau of Justice Statistics, 2,000,000 people are incarcerated at an average annual cost of $20,000 per inmate-- for a total cost of $40,000,000,000 per year. (7) In testimony before the House Education and the Workforce Committee in 2005, Secretary of Education Margaret Spellings said that dropouts ``cost our Nation more than $260 billion'' in ``lost wages, lost taxes, and lost productivity over their lifetimes''. (8) Energy inefficiencies account for at least 50 percent of all United States energy use. (9) According to the World Watch Institute, United States electricity use could be reduced by 70 percent through efficiency gains alone. (10) Estimates indicate that while the average United States household's energy costs are equal to 7 percent of household income, low-income households spend 17 percent of their household earnings on energy. (11) In a manner similar to the CCC of the 1930s, disconnected young people can be mobilized to retrofit, weatherize, and otherwise improve the energy efficiency of residential and public facilities that account for more than 40 percent of carbon emissions. (12) The rehabilitation, renovation, and retrofitting of these facilities by disconnected youth engaged in public service benefit the disconnected youth, the facility resident and owners, the communities in which they are located, as well as the environment as shared by all. (13) Service and conservation corps, by providing educational and training opportunities to disconnected youth through national and community service projects, have an established record of administering such projects. (b) Purpose.--It is the purpose of this section-- (1) to create an Energy Conservation Corps that will provide educational and economic opportunities to disadvantaged and disconnected youth by engaging them in team-based service projects designed to promote and improve the energy conservation and efficiency of residential and public buildings and spaces; and (2) through the Energy Conservation Corps, to stimulate interest among young people in stewardship of the environment and natural resources and lifelong service to their communities and the United States. (c) Establishment of the Energy Conservation Corps.-- (1) In general.--The Energy Conservation Corps is hereby established in the Department of Energy. (2) Age and background.--The Energy Conservation Corps shall consist of individuals between the ages of 16 and 25, inclusive, at least 50 percent of whom come from disadvantaged or disconnected backgrounds. (3) Civil service.--Individuals may be enrolled in the Energy Conservation Corps without regard to the civil service and classification laws, rules, or regulations of the United States. (4) Duration.--Individuals may be enrolled in the Energy Conservation Corps for up to 24 months. (5) Opportunities.--Energy Conservation Corps will provide such individuals with opportunities to further their education, through programs designed to help them obtain a high school diploma, GED, job training, professional certificate, or access to post-secondary education. (6) Projects.--Energy Conservation Corps will engage such individuals in service projects, primarily team-based, designed to increase energy efficiency and improve natural resources use. (d) Eligible Applicants.-- (1) Supporting organizations.--The Secretary shall accept applications from qualified service and conservation corps, and nonprofit organizations, units of State, county, and local government, and institutions of higher education for the purpose of establishing, operating, and supporting Corps. (2) Qualifications.--Applicants shall demonstrate an ability to-- (A) provide Corpsmembers with access to programs to obtain a high school diploma or GED; and (B) create pathways for Corpsmembers to postsecondary education or a credential or further job training and ultimately, employment. (3) Cost per member.--Upon receipt of such information as the Secretary may reasonably require, the Secretary may set a cost per member that takes into account the educational, social, and family services disconnected young people who are out of school, out of work, exiting foster care, or have had contact with the justice system may require. (4) Flexibility.--The Secretary shall provide flexibility in recruitment and retention outcomes to grantees, depending on Corpsmember demographics, in light of the fact that disconnected young people are often more difficult to recruit and retain. (5) Alternative success measurement.--The Secretary shall allow for alternative measurements of success such as the use of growth models. (6) Training and technical assistance.--The Secretary shall ensure that the Energy Conservation Corps has adequate access to relevant training and technical assistance services to be provided by at least one national nonprofit organization with a demonstrated record of experience in promoting and disseminating effective practices among service and conservation corps. (e) Eligible Corpsmembers.-- (1) Age.--Youth enrolled in the Energy Conservation Corps shall be between the ages of 16 and 25. (2) Assurances.--Such youth shall be able to provide assurances that they did not withdraw from school for the purpose of participating in the program. (3) Preference.--Preference in recruitment shall be given to disadvantaged or disconnected young people. (f) Eligible Projects.--The Secretary shall accept applications for service projects related to energy and resource conservation and rural development including, but not limited to-- (1) building, retrofitting, and weatherizing residential and public facilities to meet appropriate standards; (2) conducting energy assessments and providing and implementing solutions for low-income homeowners and communities; (3) providing education, training, and support regarding energy efficiency, resource conservation, and reuse to low- income homeowners and communities; (4) installing or constructing renewable energy improvements (such as wind, wave, solar, biomass, and geothermal energy sources); and (5) building and maintaining alternative transportation routes. (g) Preference for Certain Projects.--In selecting appropriate service projects to be carried out under this section, the Secretary shall give a preference to those projects that-- (1) provide development, training, and practical work experience for young individuals in important career fields relating to energy efficiency, and act as preparation for additional education or permanent employment for young adults and which will provide long-term benefits to the public; (2) instill in the participant a work ethic and a sense of public service; (3) will be labor intensive; (4) can be planned and initiated promptly; and (5) will provide academic, experiential, or community education opportunities. (h) Consistency.--Each appropriate service project carried out under this section shall be consistent with the provisions of law and policies relating to the management and administration of such projects, facilities, or resources, with all other applicable provisions of law, and with all management, operational, and other plans and documents which govern the administration of such projects, facilities, or resources. (i) Nondisplacement.--The nondisplacement requirements of the National and Community Service Act of 1990 shall be applicable to all activities carried out under this section by a qualified corps. (j) Donations.--The Secretary is authorized to accept donations of funds, services, facilities, materials, or equipment for the purposes of operating the Energy Conservation Corps and carrying out appropriate service projects by the Corps. (k) Definitions.--For purposes of this section: (1) Disadvantaged youth.--The term ``disadvantaged youth'' means individuals between the ages of 16 and 25, inclusive, who, because of certain characteristics, circumstances, experiences, or insufficiencies, encounter financial, legal, social, educational, emotional or health problems and may have significant difficulties growing into adults who are responsible citizens, productive workers, involved members of communities. (2) Disconnected youth.--The term ``disconnected youth'' means individuals between the ages of 16 and 25, inclusive, who are out of school, out of work, exiting foster care, or formerly court-involved or incarcerated. (3) Qualified service and conservation corps.--The term ``qualified service and conservation corps'' means any program established by a State or local government or by a nonprofit organization that-- (A) is capable of offering meaningful, full-time, productive work for individuals between the ages of 16 and 25, inclusive, in an infrastructure, housing, or transportation setting; (B) gives participants a mix of work experience, basic and life skills, education, training, and support services; and (C) provides participants with the opportunity to develop citizenship values and skills through service to their communities and the United States. (4) Secretary.--The term ``Secretary'' means to the Secretary of Energy. (l) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary $100,000,000 for each of fiscal years 2009 through 2013 for carrying out this section. | Energy Conservation Corps Act of 2008 - Establishes the Energy Conservation Corps in the Department of Energy (DOE) to hire for up to 24 months disadvantaged or disconnected individuals between the ages of 16 and 25 (Corps members) to work in service projects, primarily team-based, designed to increase energy efficiency and improve natural resources use. Directs the Secretary of Energy to accept applications from nonprofit, governmental, or educational organizations to establish, operate and support the Corps and to undertake projects related to energy and resource conservation and rural development. Requires such organizations to provide Corps members with access to education and job training opportunities. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Responsible Unemployment Compensation Extension Act of 2014''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Extension and modification of emergency unemployment compensation program. Sec. 3. Temporary extension of extended benefit provisions. Sec. 4. Extension of funding for reemployment services and reemployment and eligibility assessment activities. Sec. 5. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. Sec. 6. Flexibility for unemployment program agreements. Sec. 7. Repeal of reductions made by Bipartisan Budget Act of 2013. Sec. 8. Reduction in benefits based on receipt of unemployment compensation. Sec. 9. Reduction of nonMedicare, nondefense direct spending. SEC. 2. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM. (a) Extension.--Section 4007(a)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``January 1, 2014'' and inserting ``April 1, 2014''. (b) Modifications Relating to Weeks of Emergency Unemployment Compensation.-- (1) Number of weeks in first tier beginning after december 28, 2013.--Section 4002(b) of such Act is amended-- (A) by redesignating paragraph (3) as paragraph (4); (B) in paragraph (2)-- (i) in the heading, by inserting ``, and weeks ending before december 30, 2013'' after ``2012''; and (ii) in the matter preceding subparagraph (A), by inserting ``, and before December 30, 2013'' after ``2012''; and (C) by inserting after paragraph (2) the following: ``(3) Special rule relating to amounts established in an account as of a week ending after december 29, 2013.-- Notwithstanding any provision of paragraph (1), in the case of any account established as of a week ending after December 29, 2013-- ``(A) paragraph (1)(A) shall be applied by substituting `24 percent' for `80 percent'; and ``(B) paragraph (1)(B) shall be applied by substituting `6 times' for `20 times'.''. (2) Number of weeks in second tier beginning after december 28, 2013.--Section 4002(c) of such Act is amended by adding at the end the following: ``(5) Special rule relating to amounts added to an account as of a week ending after december 29, 2013.--Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after December 29, 2013-- ``(A) paragraph (1)(A) shall be applied by substituting `24 percent' for `54 percent'; and ``(B) paragraph (1)(B) shall be applied by substituting `6 times' for `14 times'.''. (c) Funding.--Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended-- (1) in subparagraph (I), by striking ``and'' at the end; (2) in subparagraph (J), by inserting ``and'' at the end; and (3) by inserting after subparagraph (J) the following: ``(K) the amendments made by subsections (a) and (b) of section 2 of the Responsible Unemployment Compensation Extension Act of 2014;''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 3. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. (a) In General.--Section 2005 of the Assistance for Unemployed Workers and Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note), is amended-- (1) by striking ``December 31, 2013'' each place it appears and inserting ``March 31, 2014''; and (2) in subsection (c), by striking ``June 30, 2014'' and inserting ``September 30, 2014''. (b) Extension of Matching for States With No Waiting Week.--Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is amended by striking ``June 30, 2014'' and inserting ``September 30, 2014''. (c) Extension of Modification of Indicators Under the Extended Benefit Program.--Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) in subsection (d), by striking ``December 31, 2013'' and inserting ``March 31, 2014''; and (2) in subsection (f)(2), by striking ``December 31, 2013'' and inserting ``March 31, 2014''. (d) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 4. EXTENSION OF FUNDING FOR REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY ASSESSMENT ACTIVITIES. (a) In General.--Section 4004(c)(2)(A) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended by striking ``through fiscal year 2014'' and inserting ``through the first quarter of fiscal year 2015''. (b) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 (Public Law 112-240). SEC. 5. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD UNEMPLOYMENT INSURANCE ACT. (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)(iii)) is amended-- (1) by striking ``June 30, 2013'' and inserting ``September 30, 2013''; and (2) by striking ``December 31, 2013'' and inserting ``March 31, 2014''. (b) Clarification on Authority To Use Funds.--Funds appropriated under either the first or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be available to cover the cost of additional extended unemployment benefits provided under such section 2(c)(2)(D) by reason of the amendments made by subsection (a) as well as to cover the cost of such benefits provided under such section 2(c)(2)(D), as in effect on the day before the date of enactment of this Act. (c) Funding for Administration.--Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Railroad Retirement Board $62,500 for administrative expenses associated with the payment of additional extended unemployment benefits provided under section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. SEC. 6. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS. (a) Flexibility.-- (1) In general.--Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. (2) Effective date.--Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. (b) Permitting a Subsequent Agreement.--Nothing in such title IV shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. SEC. 7. REPEAL OF REDUCTIONS MADE BY BIPARTISAN BUDGET ACT OF 2013. Section 403 of the Bipartisan Budget Act of 2013 (Public Law 113- 67) is repealed as of the date of the enactment of such Act. SEC. 8. REDUCTION IN BENEFITS BASED ON RECEIPT OF UNEMPLOYMENT COMPENSATION. (a) In General.--Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended by inserting after section 224 the following new section: ``reduction in benefits based on receipt of unemployment compensation ``Sec. 224A (a)(1) If for any month prior to the month in which an individual attains retirement age (as defined in section 216(l)(1))-- ``(A) such individual is entitled to benefits under section 223, and ``(B) such individual is entitled for such month to unemployment compensation, the total of the individual's benefits under section 223 for such month and of any benefits under section 202 for such month based on the individual's wages and self-employment income shall be reduced (but not below zero) by the total amount of unemployment compensation received by such individual for such month. ``(2) The reduction of benefits under paragraph (1) shall also apply to any past-due benefits under section 223 for any month in which the individual was entitled to-- ``(A) benefits under such section, and ``(B) unemployment compensation. ``(3) The reduction of benefits under paragraph (1) shall not apply to any benefits under section 223 for any month, or any benefits under section 202 for such month based on the individual's wages and self-employment income for such month, if the individual is entitled for such month to unemployment compensation following a period of trial work (as described in section 222(c)(1), participation in the Ticket to Work and Self-Sufficiency Program established under section 1148, or participation in any other program that is designed to encourage an individual entitled to benefits under section 223 or 202 to work. ``(b) If any unemployment compensation is payable to an individual on other than a monthly basis (including a benefit payable as a lump sum to the extent that it is a commutation of, or a substitute for, such periodic compensation), the reduction under this section shall be made at such time or times and in such amounts as the Commissioner of Social Security (referred to in this section as the `Commissioner') determines will approximate as nearly as practicable the reduction prescribed by subsection (a). ``(c) Reduction of benefits under this section shall be made after any applicable reductions under section 203(a) and section 224, but before any other applicable deductions under section 203. ``(d)(1) Subject to paragraph (2), if the Commissioner determines that an individual may be eligible for unemployment compensation which would give rise to a reduction of benefits under this section, the Commissioner may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual's wages and self-employment income, that such individual certify-- ``(A) whether the individual has filed or intends to file any claim for unemployment compensation, and ``(B) if the individual has filed a claim, whether there has been a decision on such claim. ``(2) For purposes of paragraph (1), the Commissioner may, in the absence of evidence to the contrary, rely upon a certification by the individual that the individual has not filed and does not intend to file such a claim, or that the individual has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205(i). ``(e) Whenever a reduction in total benefits based on an individual's wages and self-employment income is made under this section for any month, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit. ``(f)(1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Commissioner may require for purposes of making a timely determination of the amount of the reduction, if any, required by this section in benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section. ``(2) The Commissioner is authorized to enter into agreements with States, political subdivisions, and other organizations that administer unemployment compensation, in order to obtain such information as the Commissioner may require to carry out the provisions of this section. ``(g) For purposes of this section, the term `unemployment compensation' has the meaning given that term in section 85(b) of the Internal Revenue Code of 1986, and the total amount of unemployment compensation to which an individual is entitled shall be determined prior to any applicable reduction under State law based on the receipt of benefits under section 202 or 223.''. (b) Conforming Amendment.--Section 224(a) of the Social Security Act (42 U.S.C. 424a(a)) is amended, in the matter preceding paragraph (1), by striking ``the age of 65'' and inserting ``retirement age (as defined in section 216(l)(1))''. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply to benefits payable for months beginning on or after the date that is 12 months after the date of enactment of this section. SEC. 9. REDUCTION OF NONMEDICARE, NONDEFENSE DIRECT SPENDING. Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) is amended by adding at the end the following: ``(11) Additional reduction of nonmedicare, nondefense direct spending.-- ``(A) In general.--For each of fiscal years 2015 through 2023, in addition to the reduction in direct spending under paragraph (6), on the date specified in paragraph (2), OMB shall prepare and the President shall order a sequestration, effective upon issuance, reducing the spending described in subparagraph (B) by the uniform percentage necessary to reduce such spending for the fiscal year by $1,333,000,000. ``(B) Spending covered.--The spending described in this subparagraph is spending that is-- ``(i) nonexempt direct spending; ``(ii) not spending for the Medicare programs specified in section 256(d); and ``(iii) within the revised nonsecurity category.''. | Amends the Supplemental Appropriations Act, 2008 (SSA, 2008) to extend emergency unemployment compensation (EUC) payments for eligible individuals to weeks of employment ending on or before April 1, 2014. Reauthorizes Tier-1, Tier-2, Tier-3, and Tier-4 of the EUC program for weeks ending after December 29, 2013, but reduces the duration of the first two Tiers, to up to six weeks each. Amends the Assistance for Unemployed Workers and Struggling Families Act to extend until March 31, 2014, requirements that federal payments to states cover 100% of EUC. Amends the Unemployment Compensation Extension Act of 2008 to exempt weeks of unemployment between enactment of this Act and September 30, 2014, from the prohibition in the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA of 1970) against federal matching payments to a state for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid if the state law provides for payment of regular compensation to an individual for his or her first week of otherwise compensable unemployment. (Thus allows temporary federal matching for the first week of extended benefits for states with no waiting period.) Amends the FSEUCA of 1970 to postpone similarly from December 31, 2013, to March 31, 2014, termination of the period during which a state may determine its "on" and "off" indicators according to specified temporary substitutions in its formula. Amends the SSA, 2008 to appropriate funds out of the employment security administration account through the first quarter of FY2015 to assist states in providing reemployment and eligibility assessment activities. Amends the Railroad Unemployment Insurance Act to extend through March 31, 2014, the temporary increase in extended unemployment benefits. Makes a change in application of a certain requirement (nonreduction rule) to a state that has: (1) entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria; and (2) enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. (Under the nonreduction rule such an agreement does not apply with respect to a state whose method for computing regular unemployment compensation under state law has been modified to make the average weekly unemployment compensation benefit paid on or after June 2, 2010, less than what would have been paid before June 2, 2010.) Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows such a state, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. (Thus allows such a subsequent EUC agreement to permit payment of less than the average weekly unemployment compensation benefit paid on or after June 2, 2010.) Repeals a provision of the Bipartisan Budget Act of 2013 that reduces the cost-of-living adjustment to the retirement pay of members of the Armed Forces under age 62. Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act, for any month before an individual reaches retirement age, to reduce the total of the individual's monthly disability insurance benefits and any OASDI benefits based on wages and self-employment income by the total amount of any UC received for that month (but not below zero). (Thus reduces the benefits based on receipt of UC.) Applies this reduction to any past-due monthly disability insurance benefits for any month in which the individual was entitled both to them and to UC. Makes the reduction inapplicable if the individual is entitled to UC for a month following a period of: trial work, participation in the Ticket to Work and Self-Sufficiency Program, or participation in any other program designed to encourage an individual entitled to such benefits to work. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to require the Office of Management and Budget (OMB) to prepare, and the President to issue, a sequestration order on March 1 for each of FY2015-FY2023, in addition to the reduction in direct spending required under the Act, that reduces certain spending by the uniformed percentage necessary to reduce it for the fiscal year by $1.333 billion. Specifies the spending involved as: nonexempt direct spending, not spending for certain Medicare programs, and within the revised nonsecurity category. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Higher Education Unmanned Aircraft Systems Modernization Act''. SEC. 2. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND RESEARCH PURPOSES. (a) In General.--Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (Public Law 112-95; 49 U.S.C. 40101 note) is amended by adding at the end the following: ``SEC. 337. OPERATION OF UNMANNED AIRCRAFT SYSTEMS FOR EDUCATIONAL AND RESEARCH PURPOSES. ``(a) In General.--Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into the plans and policies of the Federal Aviation Administration, including this subtitle and any regulations, policies, advisory circulars, or other materials promulgated by the Federal Aviation Administration before, on, or after the date of the enactment of this section, an institution of higher education may, within the United States, operate an unmanned aircraft system without the specific approval of the Federal Aviation Administration, and without registering the unmanned aircraft system with the Federal Aviation Administration, if the operation of that unmanned aircraft system meets the requirements of subsection (b). ``(b) Requirements.--The operation of an unmanned aircraft system by an institution of higher education meets the requirements of this subsection if-- ``(1) the institution has established and adopted a policy relating to unmanned aircraft systems to ensure safe operation of such systems, which may be a policy of more general applicability in effect before the date of the enactment of this section, but that shall include-- ``(A) designation of a point of contact at the institution for review and approval of operations of unmanned aircraft systems by the institution; and ``(B) the requirement that operations of unmanned aircraft systems by the institution be conducted under the supervision of an operator in command; ``(2) the point of contact for the institution designated pursuant to paragraph (1)(A) has-- ``(A) been notified of the proposed operation of the unmanned aircraft system; ``(B) confirmed that the proposed operation is for educational or research purposes; ``(C) confirmed that the proposed operation is in accordance with all applicable policies of the institution of higher education, including any applicable policies regarding-- ``(i) safety; ``(ii) training or supervision requirements; ``(iii) privacy; or ``(iv) any requirements to provide notice to or obtain the permission of the institution before conducting the proposed operation; ``(D) confirmed that the unmanned aircraft system will be operated under the supervision of an operator in command, who-- ``(i) is trained in the safe operation of the unmanned aircraft system; ``(ii) will be present during the entire operation of the unmanned aircraft system; ``(iii) is prepared and able to take immediate control of the unmanned aircraft system; ``(iv) has full authority over, and responsibility for, the safety of the operation of the unmanned aircraft system; and ``(v) is responsible for ensuring that the individuals who will operate the unmanned aircraft system under the supervision of the operator in command have received proper training in the safe operation of the unmanned aircraft system; ``(3) the unmanned aircraft system-- ``(A) is operated not higher than 400 feet above ground level; ``(B) is operated in a manner that will not create a hazard to persons or property; ``(C) is, if capable of sustained flight, marked with the identification and contact information of the owner; ``(D) does not survey, create a nuisance on, or overfly private property without the permission of the owner of the private property; ``(E) gives right of way to, and avoids flying in the proximity of, full-scale aircraft; ``(F) is operated at a site that is of sufficient distance from populated areas to protect the safety of persons and property; and ``(4) the institution of higher education notifies and obtains permission from air traffic control or, for small facilities, the airport manager, when the unmanned aircraft system will be operated within-- ``(A) 5 statute miles of an airport around which the airspace is designated as class B or class C airspace under part 71 of title 14, Code of Federal Regulations; ``(B) 2 statute miles of any other airport or heliport; or ``(C) airspace designated as restricted or prohibited under part 73 of such title. ``(c) Form of Notifications and Permission.--The notifications and permission required under subsection (b)(4) may, if agreed to by the institution of higher education and air traffic control or the airport or heliport manager, as appropriate, be in the form of a written communication, to occur not less frequently than annually, regarding the locations and conditions for any intended operation of unmanned aircraft systems under this section. ``(d) Reporting of Incidents Involving Personal Injury or Property Damage.--If an unmanned aircraft system operated by an institution of higher education pursuant to this section is involved in any incident resulting in personal injury or property damage (other than to the unmanned aircraft system, to property of the institution, or to individuals directly involved in the operation of the unmanned aircraft system), the point of contact designated pursuant to subsection (b)(1)(A) shall report the incident to the Federal Aviation Administration not later than 10 days after the incident. ``(e) Definitions.--In this section: ``(1) Educational or research purposes.--The term `educational or research purposes', with respect to the operation of an unmanned aircraft system by an institution of higher education, includes-- ``(A) instruction of students at the institution; ``(B) activities of student organizations recognized by or registered with the institution; and ``(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government. ``(2) Institution of higher education.--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)).''. (b) Clerical Amendment.--The table of contents for the FAA Modernization and Reform Act of 2012 is amended by inserting after the item relating to section 336 the following: ``Sec. 337. Operation of unmanned aircraft systems for educational and research purposes.''. | Higher Education Unmanned Aircraft Systems Modernization Act This bill amends the FAA Modernization and Reform Act of 2012 to authorize an institution of higher education to operate an unmanned aircraft system within the United States without the specific approval of, and without registering the system with, the Federal Aviation Administration (FAA) if: the institution has adopted a policy to ensure safe operation of such systems, which shall include the designation of a point of contact at the institution for review and approval of such operation and the requirement that such operation be conducted under the supervision of an operator in command; the point of contact has confirmed that the proposed operation is for educational or research purposes, is in accordance with applicable policies of the institution regarding safety, training or supervision requirements, privacy, and prior notice and permission, and will occur under the supervision of an operator in command; the system is operated not higher than 400 feet above ground level and in a manner that will not create a hazard to persons or property, is marked with the identification and contact information of the owner, does not survey, create a nuisance on, or overfly private property without the permission of the property owner, gives right of way to, and avoids flying in the proximity of, full-scale aircraft, and is operated at a site that is of sufficient distance from populated areas to protect the safety of persons and property; and the institution notifies and obtains permission, at least annually, from air traffic control or the airport manager (for small facilities) when the system will be operated within five statute miles of an airport around which the airspace is designated as class B or class C airspace, within two statute miles of any other airport or heliport, or within airspace designated as restricted or prohibited. If an unmanned aircraft system operated by an institution of higher education is involved in any incident resulting in personal injury or property damage (other than to the system, to property of the institution, or to individuals directly involved in the system's operation), the point of contact shall report the incident to the FAA within 10 days. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Impact Assessments Act of 2008'' or the ``HIA Act of 2008''. SEC. 2. STUDIES BY THE GOVERNMENT ACCOUNTABILITY OFFICE TO IDENTIFY BEST PRACTICES OF ASSESSING THE PLANNING AND IMPACT OF LAND USE, BUILDING DESIGN, AND SOCIAL POLICY ON COMMUNITY HEALTH. (a) Study Regarding Health Impact Assessments.-- (1) In general.--The Comptroller General of the United States shall conduct a study to determine the best practices, standardized tools, and models for using health impact assessments as a method to promote health and reduce health disparities through social policy, land use, the built environment, and other public policies and projects which have an impact on the public health. Such study shall specifically examine the potential use of health impact assessments to link social determinants of health to land use policies and social policies. (2) Submission of report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes the results of the study conducted under paragraph (1). (b) Review of Federal Policies and Programs.-- (1) In general.--The Comptroller General of the United States shall conduct a study to review the positive and negative health consequences of Federal policies and programs, and how to consider health impact assessments for any Federal, State or local project that involves Federal funding or work performed by the Federal Government. In conducting such study, the Comptroller General shall examine, and may use as a model, the environmental impact statements process required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (2) Submission of report.--Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that describes the results of the study conducted under paragraph (1). SEC. 3. NATIONAL DEMONSTRATION PROGRAM. (a) Center.-- (1) In general.--The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award a grant to an institution of higher education to-- (A) provide technical assistance and grants for States and localities to provide to States or local health departments or metropolitan planning organizations or local planning departments expertise on health impact assessments; (B) collect and disseminate best practices and provide technical assistance and training about the scope and uses of heath impact assessments related to community planning and policy making; (C) develop necessary data and evidence to inform health impact assessments and land use and community design and other broad policy decisions; and (D) administer the demonstration grant program described in subsection (b). (2) Consultation.--In carrying out the grant under paragraph (1), the Center awarded such grant shall consult with national organizations with advice and experience regarding health impact assessments. (b) Demonstration Program.-- (1) In general.--The Center awarded the grant under subsection (a) shall award grants to eligible entities to carry out a demonstration project to establish and implement effective processes and models for designing and administering health impact assessments. (2) Eligible entity.--For purposes of this subsection, the term ``eligible entity'' means-- (A) a State government, a State health department, or a State planning department; or (B) a local government, a local health department, or a local planning department. (3) Consultation among state entities and among local entities.--An eligible entity described in subparagraph (A) or (B) of paragraph (2) that receives a grant under this subsection shall consult with the other eligible entities described under such subparagraph (A) or (B), respectively, in carrying out the activities under the grant. (c) Authorization of Appropriations.--There are authorized to be appropriated-- (1) to carry out subsection (a), $1,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 through 2013; and (2) to carry out subsection (b), $4,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 and 2011. SEC. 4. EXPANSION OF ACTIVITIES AT THE CENTERS FOR DISEASE CONTROL AND PREVENTION. (a) In General.--The Director of the Centers for Disease Control and Prevention shall expand the capacity of such Centers to promote the health impact assessment processes to improve public health and health equity and reduce health disparities in land use, the physical environment, social policies, and exposure to health risks. Such expansion shall include developing guidance for assessing the public participation and potential health effects of land use and design, housing and transportation policy and plans, and other social policy decisions as appropriate, the expansion of training efforts, and the development and dissemination of training tools. (b) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2009, and such sums as may be necessary for each of fiscal years 2010 through 2013. SEC. 5. DEFINITIONS. In this Act: (1) Built environment.--The term ``built environment'' means an environment consisting of all buildings, spaces, and products that are created or modified by individuals, including-- (A) homes, schools, workplaces, parks and recreation areas, greenways, business areas, and transportation systems; (B) electric transmission lines; (C) waste disposal sites; and (D) land-use planning and policies that impact urban, rural, and suburban communities. (2) Health impact assessment.--The term ``health impact assessment'' means any combination of procedures, methods, tools, and means used to analyze the actual or potential effects of a policy, program, or project on the health of a population (including the distribution of those effects within the population), and that identifies appropriate actions to manage those effects. Such term may include assessments that can objectively evaluate the potential health effects of a project or policy and provide recommendations to improve health outcomes through collaboration, public transparency, and accountability in policy making about the societal dimensions of health. (3) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services. | Health Impact Assessments Act of 2008 or the HIA Act of 2008 - Directs the Comptroller General to conduct a study to determine the best practices, standardized tools, and models for using health impact assessments as a method to promote health and reduce health disparities through social policy, land use, the built environment, and other public policies and projects. Requires the Comptroller General to review: (1) the positive and negative health consequences of federal policies and programs; and (2) how to consider health impact assessments for any federal, state, local project that involves federal funding or work performed by the federal government. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award a grant to an institution of higher education to: (1) provide for expertise on health impact assessment to states, local health departments, metropolitan planning organizations, and local planning departments; (2) collect and disseminate best practices and provide technical assistance and training about the scope and uses of health impact assessments related to community planning and policy making; (3) develop necessary data and evidence to inform health impact assessments and land use and community design and other broad policy decisions; and (4) carry out a demonstration project to establish and implement effective processes and models for designing and administering health impact assessments. Requires the Director to expand CDC's capacity to promote the health impact assessment processes, including by developing guidance for assessing the public participation and potential health effects of social policy decisions. |
SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Classified Information Procedures Reform and Improvement Act of 2010''. (b) In General.--Section 1 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following: ``(b) `Disclosure', as used in this Act, includes the release, transmittal, or making available of, or providing access to, classified information to any person (including a defendant or counsel for a defendant) during discovery, or to a participant or member of the public at any proceeding.''. (c) Technical and Conforming Amendment.--Section 501(3) of the Immigration and Nationality Act (8 U.S.C. 1531(3)) is amended by striking ``section 1(b)'' and inserting ``section 1''. SEC. 2. PRETRIAL CONFERENCE. Section 2 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) by inserting ``(a) In General.--'' before ``At any time''; (2) by adding at the end the following: ``(b) Ex Parte.--If the United States or the defendant certifies that the presence of both parties at a pretrial conference would harm the national security of the United States or the defendant's ability to make a defense, then upon request by either party, the court shall hold such pretrial conference ex parte, and shall seal and preserve the record of that ex parte conference in the records of the court for use in the event of an appeal.''. SEC. 3. PROTECTIVE ORDERS. Section 3 of the Classified Information Procedures Act (18 U.S.C. App) is amended-- (1) by inserting ``(a) In General.--'' before ``Upon motion''; (2) by inserting ``use or'' before ``disclosure''; (3) by inserting ``, or access to,'' after ``disclosure of''; (4) by inserting ``, or any classified information derived therefrom, that will be'' after ``classified information''; (5) by inserting ``or made available'' after ``disclosed''; and (6) by adding at the end the following: ``(b) Notice.--In the event the defendant is convicted, the United States shall provide the defendant and the appellate court with a written notice setting forth each date that the United States obtained a protective order.''. SEC. 4. DISCOVERY OF AND ACCESS TO CLASSIFIED INFORMATION BY DEFENDANTS. Section 4 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) in the section heading, by inserting ``and access to'' after ``discovery of''; (2) by inserting ``(a) In General.--'' before ``The court, upon''; (3) in the first sentence-- (A) by inserting ``to restrict the defendant's access to or'' before ``to delete''; (B) by striking ``from documents''; (C) by striking ``classified documents, or'' and inserting ``classified information,''; and (D) by striking the period at the end and inserting ``, or to provide other relief to the United States.''; (4) in the second sentence, by striking ``alone.'' inserting ``alone, and may permit ex parte proceedings with the United States to discuss that request.''; (5) in the third sentence-- (A) by striking ``If the court enters an order granting relief following such an ex parte showing, the'' and inserting ``The''; and (B) by inserting ``, and the transcript of any argument and any summary of the classified information the defendant seeks to obtain discovery of or access to,'' after ``text of the statement of the United States''; and (6) by adding at the end the following: ``(b) Access to Other Classified Information.--If the defendant seeks access to nondocumentary information from a potential witness or other person through deposition under the Federal Rules of Criminal Procedure, or otherwise, which the defendant knows or reasonably believes is classified, the defendant shall notify the attorney for the United States and the court in writing. Such notice shall specify with particularity the nondocumentary information sought by the defendant and the legal basis for such access. ``(c) Showing by the United States.--In any prosecution in which the United States seeks to restrict, delete, withhold, or otherwise obtain relief with respect to the defendant's discovery of or access to any specific classified information, the attorney for the United States shall file with the court a declaration made by the Attorney General invoking the United States classified information privilege, which shall be supported by a declaration made by a knowledgeable United States official possessing the authority to classify information that sets forth the identifiable damage to the national security that the discovery of, or access to, such information reasonably could be expected to cause. ``(d) Standard for Discovery of or Access to Classified Information.--Upon the submission of a declaration of the Attorney General under subsection (c), the court may not authorize the defendant's discovery of, or access to, classified information, or to the substitution submitted by the United States, which the United States seeks to restrict, delete, or withhold, or otherwise obtain relief with respect to, unless the court first determines that such classified information or such substitution would be-- ``(1) noncumulative, relevant, and helpful to-- ``(A) a legally cognizable defense; ``(B) rebuttal of the prosecution's case; or ``(C) sentencing; or ``(2) noncumulative and essential to a fair determination of a pretrial proceeding. ``(e) Security Clearance.--Whenever a court determines that the standard for discovery of or access to classified information by the defendant has been met under subsection (d), such discovery or access may only take place after the person to whom discovery or access will be granted has received the necessary security clearances to receive the classified information, and if the classified information has been designated as sensitive compartmented information or special access program information, any additional required authorizations to receive the classified information.''. SEC. 5. NOTICE OF DEFENDANT'S INTENTION TO DISCLOSE CLASSIFIED INFORMATION. Section 5 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) in the section heading, by inserting ``use or'' before ``disclose''; (2) in subsection (a)-- (A) in the first sentence-- (i) by inserting ``use or'' before ``disclose''; and (ii) by striking ``thirty days prior to trial'' and inserting ``45 days prior to such proceeding''; (B) in the second sentence by striking ``brief'' and inserting ``specific''; (C) in the third sentence-- (i) by inserting ``use or'' before ``disclose''; and (ii) by striking ``brief'' and inserting ``specific''; and (D) in the fourth sentence-- (i) by inserting ``use or'' before ``disclose''; and (ii) by inserting ``reasonably'' before ``believed''; and (3) in subsection (b), by inserting ``the use or'' before ``disclosure''. SEC. 6. PROCEDURE FOR CASES INVOLVING CLASSIFIED INFORMATION. Section 6 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) in subsection (a)-- (A) in the second sentence, by striking ``such a hearing.'' and inserting ``a hearing and shall make all such determinations prior to proceeding under any alternative procedure set out in subsection (d).''; and (B) in the third sentence, by striking ``petition'' and inserting ``request''; (2) in subsection (b)(2) by striking ``trial'' and inserting ``the trial or pretrial proceeding''; (3) by redesignating subsections (c), (d), (e), and (f), as subsections (d), (e), (f), and (g), respectively; (4) by inserting after subsection (b) the following: ``(c) Standard for Admissibility, Use and Disclosure at Trial.-- Classified information which is the subject of a notice by the United States pursuant to subsection (b) is not admissible at trial and subject to the alternative procedures set out in subsection (d), unless a court first determines that such information is noncumulative, relevant, and necessary to an element of the offense or a legally cognizable defense, and is otherwise admissible in evidence. Classified information may not be used or disclosed at trial by the defendant unless a court first determines that exclusion of the classified information from such use or disclosure would deprive the defendant of a fair trial or violate the defendant's right to due process.''; (5) in subsection (d), as so redesignated-- (A) in the subsection heading, by inserting ``Use or'' before ``Disclosure''; (B) in paragraph (1), by inserting ``use or'' before ``disclosure'' both places that term appears; (C) in the flush paragraph following paragraph (1)(B), by inserting ``use or'' before ``disclosure''; and (D) in paragraph (2)-- (i) by striking ``an affidavit of'' and inserting ``a declaration by''; (ii) by the striking ``such affidavit'' and inserting ``such declaration''; and (iii) by inserting ``the use or'' before ``disclosure''; (6) in subsection (e), as so redesignated, in the first sentence, by striking ``disclosed or elicited'' and inserting ``used or disclosed''; (7) in subsection (f), as so redesignated-- (A) in the subsection heading, by inserting ``Use or'' before ``Disclosure'' both places that term appears; (B) in paragraph (1)-- (i) by striking ``(c)'' and inserting ``(d)''; (ii) by striking ``an affidavit of'' and inserting ``a declaration by''; (iii) by inserting ``the use or'' before ``disclosure''; and (iv) by striking ``disclose'' and inserting ``use, disclose,''; and (C) in paragraph (2), by striking ``disclosing'' and inserting ``using, disclosing,''; and (8) in the first sentence of subsection (g), as so redesignated-- (A) by inserting ``used or'' before ``disclosed''; and (B) by inserting ``or disclose'' before ``to rebut the''. SEC. 7. INTERLOCUTORY APPEAL. Section 7(a) of the Classified Information Procedures Act (18 U.S.C. App.) is amended -- (1) by striking ``disclosure of'' both times that places that term appears and inserting ``use, disclosure, discovery of, or access to''; and (2) by adding at the end the following: ``The right of the United States to appeal pursuant to this Act applies without regard to whether the order or ruling appealed from was entered under this Act, another provision of law, a rule, or otherwise. Any such appeal may embrace any preceding order, ruling, or reasoning constituting the basis of the order or ruling that would authorize such use, disclosure, or access. Whenever practicable, appeals pursuant to this section shall be consolidated to expedite the proceedings.''. SEC. 8. INTRODUCTION OF CLASSIFIED INFORMATION. Section 8 of the Classified Information Procedures Act (18 U.S.C. App.) is amended-- (1) in subsection (b), by adding at the end ``The court may fashion alternative procedures in order to prevent such unnecessary disclosure, provided that such alternative procedures do not deprive the defendant of a fair trial or violate the defendant's due process rights.''; and (2) by adding at the end the following: ``(d) Admission of Evidence.--(1) No classified information offered by the United States and admitted into evidence shall be presented to the jury unless such evidence is provided to the defendant. ``(2) Any classified information admitted into evidence shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.''. SEC. 9. APPLICATION TO PROCEEDINGS. The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to any prosecution pending in any United States district court. | Classified Information Procedures Reform and Improvement Act of 2010 - Amends the Classified Information Procedures Act, with respect to the use and disclosure of classified information in legal proceedings, to: (1) allow ex parte pretrial conferences to protect national security; (2) expand protective orders to limit the use of or access to classified information; (3) expand discovery rules to restrict access to classified information, other than documents; (4) expand a defendant's notice requirement to include intent to use classified information; (5) establish additional standards for the admissibility, use, and disclosure of classified information at trial; (6) expand the interlocutory appeal rights of the United States; and (7) allow a court to fashion alternative procedures to prevent unnecessary disclosures of classified information at trial. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Smarter Sentencing Act of 2015''. SEC. 2. APPLICABILITY OF STATUTORY MINIMUMS. Section 3553(f)(1) of title 18, United States Code, is amended by striking ``defendant'' and all that follows through ``point'' and inserting ``criminal history category for the defendant is not higher than category 2''. SEC. 3. CLARIFICATION OF APPLICABILITY OF THE FAIR SENTENCING ACT. (a) Definition of Covered Offense.--In this section, the term ``covered offense'' means a violation of a Federal criminal statute, the statutory penalties for which were modified by section 2 or 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372), that was committed before August 3, 2010. (b) Defendants Previously Sentenced.--A court that imposed a sentence for a covered offense, may, on motion of the defendant, the Director of the Bureau of Prisons, the attorney for the Government, or the court, impose a reduced sentence as if sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) were in effect at the time the covered offense was committed. (c) Limitations.--No court shall entertain a motion made under this section to reduce a sentence if the sentence was previously imposed or previously reduced in accordance with the amendments made by sections 2 and 3 of the Fair Sentencing Act of 2010 (Public Law 111-220; 124 Stat. 2372) or if a motion made under this section to reduce the sentence was previously denied. Nothing in this section shall be construed to require a court to reduce any sentence pursuant to this section. SEC. 4. SENTENCING MODIFICATIONS FOR CERTAIN DRUG OFFENSES. (a) Controlled Substances Act.--The Controlled Substances Act (21 U.S.C. 801 et seq.) is amended-- (1) in section 102 (21 U.S.C. 802), by adding at the end the following: ``(57) The term `courier' means a defendant whose role in the offense was limited to transporting or storing drugs or money.''; and (2) in section 401(b)(1) (21 U.S.C. 841(b)(1))-- (A) in the flush text following clause (viii)-- (i) by striking ``10 years or more'' and inserting ``5 years or more''; (ii) by striking ``such person shall be sentenced to a term of imprisonment which may not be less than 20 years and'' and inserting ``such person shall be sentenced to a term of imprisonment of not less than 10 years and''; and (iii) by striking ``mandatory term of life imprisonment without release'' and inserting ``term of imprisonment of not less than 20 years''; and (B) in the flush text following clause (viii)-- (i) by striking ``5 years'' and inserting ``2 years''; and (ii) by striking ``not be less than 10 years'' and inserting ``not be less than 5 years''. (b) Controlled Substances Import and Export Act.--Section 1010(b) of the Controlled Substances Import and Export Act (21 U.S.C. 960(b)) is amended-- (1) in paragraph (1), in the flush text following subparagraph (H)-- (A) by inserting ``, other than a person who is a courier,'' after ``such violation''; (B) by striking ``person commits'' and inserting ``person, other than a courier, commits''; and (C) by inserting ``If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final, the person shall be sentenced to a term of imprisonment of not less than 10 years and not more than life.'' before ``Notwithstanding section 3583''; and (2) in paragraph (2), in the flush text following subparagraph (H)-- (A) by inserting ``, other than a person who is a courier,'' after ``such violation''; (B) by striking ``person commits'' and inserting ``person, other than a courier, commits''; and (C) by inserting ``If a person who is a courier commits such a violation, the person shall be sentenced to a term of imprisonment of not less than 2 years and not more than life. If a person who is a courier commits such a violation after a prior conviction for a felony drug offense has become final, the person shall be sentenced to a term of imprisonment of not less than 5 years and not more than life.'' before ``Notwithstanding section 3583''. SEC. 5. DIRECTIVE TO THE SENTENCING COMMISSION. (a) Directive to Sentencing Commission.--Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and amend, if appropriate, its guidelines and its policy statements applicable to persons convicted of an offense under section 401 of the Controlled Substances Act (21 U.S.C. 841) or section 1010 of the Controlled Substances Import and Export Act (21 U.S.C. 960) to ensure that the guidelines and policy statements are consistent with the amendments made by sections 2 and 4 of this Act and reflect the intent of Congress that such penalties be decreased in accordance with the amendments made by section 4 of this Act. (b) Considerations.--In carrying out this section, the United States Sentencing Commission shall consider-- (1) the mandate of the United States Sentencing Commission, under section 994(g) of title 28, United States Code, to formulate the sentencing guidelines in such a way as to ``minimize the likelihood that the Federal prison population will exceed the capacity of the Federal prisons''; (2) the findings and conclusions of the United States Sentencing Commission in its October 2011 report to Congress entitled, Mandatory Minimum Penalties in the Federal Criminal Justice System; (3) the fiscal implications of any amendments or revisions to the sentencing guidelines or policy statements made by the United States Sentencing Commission; (4) the relevant public safety concerns involved in the considerations before the United States Sentencing Commission; (5) the intent of Congress that penalties for violent, repeat, and serious drug traffickers who present public safety risks remain appropriately severe; and (6) the need to reduce and prevent racial disparities in Federal sentencing. (c) Emergency Authority.--The United States Sentencing Commission shall-- (1) promulgate the guidelines, policy statements, or amendments provided for in this Act as soon as practicable, and in any event not later than 120 days after the date of enactment of this Act, in accordance with the procedure set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note), as though the authority under that Act had not expired; and (2) pursuant to the emergency authority provided under paragraph (1), make such conforming amendments to the Federal sentencing guidelines as the Commission determines necessary to achieve consistency with other guideline provisions and applicable law. SEC. 6. REPORT BY ATTORNEY GENERAL. Not later than 6 months after the date of enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report outlining how the reduced expenditures on Federal corrections and the cost savings resulting from this Act will be used to help reduce overcrowding in the Federal Bureau of Prisons, help increase proper investment in law enforcement and crime prevention, and help reduce criminal recidivism, thereby increasing the effectiveness of Federal criminal justice spending. SEC. 7. REPORT ON FEDERAL CRIMINAL OFFENSES. (a) Definitions.--In this section-- (1) the term ``criminal regulatory offense'' means a Federal regulation that is enforceable by a criminal penalty; and (2) the term ``criminal statutory offense'' means a criminal offense under a Federal statute. (b) Report on Criminal Statutory Offenses.--Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include-- (1) a list of all criminal statutory offenses, including a list of the elements for each criminal statutory offense; and (2) for each criminal statutory offense listed under paragraph (1)-- (A) the potential criminal penalty for the criminal statutory offense; (B) the number of prosecutions for the criminal statutory offense brought by the Department of Justice each year for the 15-year period preceding the date of enactment of this Act; and (C) the mens rea requirement for the criminal statutory offense. (c) Report on Criminal Regulatory Offenses.-- (1) Reports.--Not later than 1 year after the date of enactment of this Act, the head of each Federal agency described in paragraph (2) shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report, which shall include-- (A) a list of all criminal regulatory offenses enforceable by the agency; and (B) for each criminal regulatory offense listed under subparagraph (A)-- (i) the potential criminal penalty for a violation of the criminal regulatory offense; (ii) the number of violations of the criminal regulatory offense referred to the Department of Justice for prosecution in each of the years during the 15-year period preceding the date of enactment of this Act; and (iii) the mens rea requirement for the criminal regulatory offense. (2) Agencies described.--The Federal agencies described in this paragraph are the Department of Agriculture, the Department of Commerce, the Department of Education, the Department of Energy, the Department of Health and Human Services, the Department of Homeland Security, the Department of Housing and Urban Development, the Department of the Interior, the Department of Labor, the Department of Transportation, the Department of the Treasury, the Commodity Futures Trading Commission, the Consumer Product Safety Commission, the Equal Employment Opportunity Commission, the Export-Import Bank of the United States, the Farm Credit Administration, the Federal Communications Commission, the Federal Deposit Insurance Corporation, the Federal Election Commission, the Federal Labor Relations Authority, the Federal Maritime Commission, the Federal Mine Safety and Health Review Commission, the Federal Trade Commission, the National Labor Relations Board, the National Transportation Safety Board, the Nuclear Regulatory Commission, the Occupational Safety and Health Review Commission, the Office of Compliance, the Postal Regulatory Commission, the Securities and Exchange Commission, the Securities Investor Protection Corporation, the Environmental Protection Agency, the Small Business Administration, the Federal Housing Finance Agency, and the Office of Government Ethics. (d) Index.--Not later than 2 years after the date of enactment of this Act-- (1) the Attorney General shall establish a publically accessible index of each criminal statutory offense listed in the report required under subsection (b) and make the index available and freely accessible on the website of the Department of Justice; and (2) the head of each agency described in subsection (c)(2) shall establish a publically accessible index of each criminal regulatory offense listed in the report required under subsection (c)(1) and make the index available and freely accessible on the website of the agency. (e) Rule of Construction.--Nothing in this section shall be construed to require or authorize appropriations. | Smarter Sentencing Act of 2015 Amends the federal criminal code to direct the court to impose a sentence for specified controlled substance offenses without regard to any statutory minimum sentence if the court finds that the criminal history category for the defendant is not higher than category two. (Currently, the court may disregard the statutory minimum if the defendant does not have more than one criminal history point.) Authorizes a court that imposed a sentence for a crack cocaine possession or trafficking offense committed before August 3, 2010, on motion of the defendant, the Bureau of Prisons, the attorney for the government, or the court, to impose a reduced sentence as if provisions of the Fair Sentencing Act of 2010 were in effect at the time such offense was committed, provided such sentence was not previously imposed or reduced under such Act or such a motion wasn't previously denied. Amends the Controlled Substances Act (CSA) and the Controlled Substances Import and Export Act (CSIEA) to reduce mandatory minimum sentences for manufacturing, distributing, dispensing, possessing, importing, or exporting specified controlled substances and for such violations by a courier (defined as a person whose role was limited to transporting or storing drugs or money). Directs the U.S. Sentencing Commission to review and amend its guidelines and policy statements applicable to persons convicted of such an offense under the CSA and CSIEA to ensure consistency with this Act and to consider specified factors, including: (1) its mandate to formulate guidelines to minimize the likelihood that the federal prison population will exceed federal prison capacity, and (2) the need to reduce and prevent racial disparities in sentencing. Requires the Attorney General to: (1) report on how the reduced expenditures on federal corrections and cost savings resulting from this Act will be used to help reduce overcrowding in the Bureau of Prisons, increase investment in law enforcement and crime prevention, and reduce recidivism; (2) report a list of all criminal statutory offenses and the potential criminal penalty, the number of prosecutions brought by the Department of Justice each year for the previous 15 years, and the mens rea requirement for each offense; and (3) establish a publicly accessible index of each criminal statutory offense. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Appalachian Development Highway System Act of 2011''. SEC. 2. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM. (a) Authorization of Appropriations.--There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the Appalachian development highway system program under section 14501 of title 40, United States Code, $1,080,000,000 for each of fiscal years 2012 through 2017. (b) Apportionment.--The Secretary shall apportion funds made available by subsection (a) for fiscal years 2012 through 2017 among the States based on the latest available cost-to-complete estimate for the Appalachian development highway system under section 14501 of title 40, United States Code, prepared by the Appalachian Regional Commission. (c) Applicability of Title 23.--Subject to subsection (d)(2), funds made available by subsection (a) shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code, except that-- (1) the Federal share of the cost of any project carried out using the funds shall be determined in accordance with section 14501 of title 40, United States Code; and (2) the funds shall remain available until expended. (d) Availability of Funds.-- (1) In general.--Notwithstanding any other provision of law enacted before, on, or after the date of enactment of this Act, any obligation limitation enacted for any of fiscal years 2012 through 2017 shall not apply to obligations authorized for the Appalachian development highway system program under section 14501 of title 40, United States Code. (2) Reallocation.--Any amounts made available to a State under this section or any other provision of law for the Appalachian development highway system under section 14501 of title 40, United States Code, that remain unobligated by the State as of the date that is 5 years after the date on which the funds were made available shall be-- (A) returned to the Secretary; and (B) reallocated among the remaining States in accordance with section 14501 of title 40, United States Code. (e) Loans Between States.-- (1) In general.--On notice to the Secretary of Transportation, a State that receives an apportionment under subsection (b) may lend any amount of contract authority or obligation authority available to the State pursuant to the apportionment to any other State that is eligible for such an apportionment for use by the borrowing State for activities eligible under section 14501 of title 40, United States Code. (2) Repayment.--Any loan under paragraph (1) shall be repaid in accordance with a loan repayment agreement that is entered into by the affected States and agreed to by the Secretary. (f) Purposes.--Section 104(a) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: ``(2) Purposes.-- ``(A) Federal-aid highway and other programs.--The funds authorized by this subsection shall be used to administer the provisions of law to be financed from appropriations for the Federal-aid highway program and programs authorized under chapter 2. ``(B) Appalachian development highway system.--In any case in which an apportionment is made of the amounts made available for expenditure for the Appalachian development highway system program under section 14501 of title 40, from amounts made available from the Highway Trust Fund for the Appalachian development highway system, the Secretary shall transfer to the Appalachian Regional Commission such sums as the Appalachian Regional Commission determines to be appropriate, not to exceed $3,000,000 for each fiscal year, for administrative and planning activities associated with the Appalachian development highway system.''. (g) Equity Bonus Program.--Section 105 of title 23, United States Code, is amended-- (1) in subsection (a)(2)-- (A) by striking subparagraph (J); and (B) by redesignating subparagraphs (K) through (N) as subparagraphs (J) through (M), respectively; and (2) in subsection (b)(2)-- (A) in subparagraph (I), by adding ``and'' at the end; (B) by striking subparagraph (J); and (C) by redesignating subparagraph (K) as subparagraph (J). | Appalachian Development Highway System Act of 2011 - Authorizes appropriations out of the Highway Trust Fund (other than the Mass Transit Account) for FY2012-FY2017 for the Appalachian development highway system program. Directs the Secretary of Transportation (DOT) to apportion such funds among the appropriate states to complete construction of the Appalachian development highway system. Requires amounts made available to a state that remain unobligated five years later to be returned to the Secretary and reallocated among the remaining states. Authorizes states of the system to loan apportioned amounts between themselves. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe Schools Improvement Act of 2011''. SEC. 2. FINDINGS. Congress finds the following: (1) Bullying fosters a climate of fear and disrespect that can seriously impair the physical and psychological health of its victims and create conditions that negatively affect learning, thereby undermining the ability of students to achieve their full potential. (2) Bullying and harassment contribute to high dropout rates, increased absenteeism, and academic underachievement. (3) Bullying and harassment includes a range of behaviors that negatively impact a student's ability to learn and participate in educational opportunities and activities that schools offer. Such behaviors can include hitting or punching, teasing or name-calling, intimidation through gestures or social exclusion, and sending insulting or offensive messages through electronic communications such as Internet sites, e- mail, instant messaging, mobile phones and messaging, telephone, or any other means. (4) Schools with enumerated anti-bullying and harassment policies have an increased level of reporting and teacher intervention in incidents of bullying and harassment, thereby reducing the overall frequency and number of such incidents. (5) Students have been particularly singled out for bullying and harassment on the basis of their actual or perceived race, color, national origin, sex, disability status, sexual orientation or gender identity, among other categories. (6) Some young people experience a form of bullying called relational aggression or psychological bullying, which harms individuals by damaging, threatening, or manipulating their relationships with their peers, or by injuring their feelings of social acceptance. (7) Interventions to address bullying and harassment and create a positive and safe school climate, combined with evidence-based discipline policies and practices, such as Positive Behavior Interventions and Supports (PBIS) and restorative practices, can minimize suspensions, expulsions, and other exclusionary discipline policies to ensure that students are not ``pushed-out'' or diverted to the juvenile justice system. (8) According to a recent poll, 85 percent of Americans strongly support or somewhat support a Federal law to require schools to enforce specific rules to prevent bullying. (9) Students, parents, educators, and policymakers have come together to call for leadership and action to address the national crisis of bullying and harassment. SEC. 3. SAFE SCHOOLS IMPROVEMENT. (a) In General.--Title IV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is amended by adding at the end the following: ``PART D--SAFE SCHOOLS IMPROVEMENT ``SEC. 4401. PURPOSE. ``The purpose of this part is to address the problem of bullying and harassment of students in public elementary schools and secondary schools. ``SEC. 4402. STATE REQUIREMENTS. ``(a) State Reporting, Needs Assessment, and Technical Assistance.--Each State that receives funds under this Act shall carry out the following: ``(1) Collection and report of information.-- ``(A) In general.--The State shall collect and report information on the incidence, prevalence, age of onset, perception of health risk, and perception of social disapproval of bullying and harassment by youth in elementary schools and secondary schools and communities in the State. ``(B) Source of information.--In collecting information described in subparagraph (A), the State shall include information collected from incident reports by school officials, anonymous student surveys, and anonymous teacher, administrator, specialized instructional support personnel, and other school personnel surveys reported to the State on a school-by- school basis but shall not identify victims of bullying or harassment or persons accused of bullying or harassment. ``(C) Report.--The chief executive officer of the State, in cooperation with the State educational agency, shall-- ``(i) submit a biennial report on the information described in this paragraph to the Secretary; and ``(ii) make such information readily available to the public. ``(2) Needs assessment.--The State shall conduct, and publicly report the results of, a needs assessment for bullying and harassment prevention programs, which shall be based on ongoing State evaluation activities, including data on-- ``(A) the incidence and prevalence of reported incidents of bullying and harassment; and ``(B) the perception of students, parents, and communities regarding their school environment, including with respect to the prevalence and seriousness of incidents of bullying and harassment and the responsiveness of the school to those incidents. ``(3) Technical assistance.--The State shall provide technical assistance to local educational agencies and schools in their efforts to prevent and appropriately respond to incidents of bullying and harassment. ``(b) Available Funding for States.--To implement the requirements described in subsection (a), the State may use-- ``(1) administrative funds consolidated under section 9201; or ``(2) other funds available to the State under this Act, to the extent consistent with the authorized uses of such funds. ``SEC. 4403. LOCAL EDUCATIONAL AGENCY REQUIREMENTS. ``(a) Local Educational Agency Discipline Policies, Performance Indicators, and Grievance Procedures.--Each local educational agency that receives funds under this Act shall-- ``(1) include within the agency's comprehensive discipline policies clear prohibitions against bullying and harassment for the protection of all students; ``(2) establish and monitor performance indicators for incidents of bullying and harassment; ``(3) provide annual notice to parents, students, and educational professionals-- ``(A) describing the full range of bullying and harassment conduct prohibited by the agency's discipline policies; and ``(B) reporting on the numbers and nature of bullying and harassment incidents for each school served by the local educational agency; and ``(4) establish and provide annual notice to students, parents, and educational professionals of grievance procedures for students, parents, or educational professionals who seek to register complaints regarding bullying and harassment prohibited by the discipline policies, including-- ``(A) the name of the local educational agency official who is designated as responsible for receiving such complaints; and ``(B) timelines that the local educational agency will follow in the resolution of such complaints. ``(b) Available Funding for Local Educational Agencies.--To implement the requirements described in subsection (a), the local educational agency may use-- ``(1) administrative funds consolidated under section 9203; or ``(2) other funds available to the local educational agency under this Act, to the extent consistent with the authorized uses of such funds. ``SEC. 4404. EVALUATION. ``(a) Biennial Evaluation.--The Secretary shall conduct an independent biennial evaluation of programs to combat bullying and harassment in elementary schools and secondary schools, including implementation of the requirements described in sections 4402 and 4403, including whether such programs have appreciably reduced the level of bullying and harassment and have conducted effective parent involvement and training programs. ``(b) Data Collection.--The Commissioner for Education Statistics shall collect data, that are subject to independent review, to determine the incidence and prevalence of bullying and harassment in elementary schools and secondary schools in the United States. The collected data shall include incident reports by school officials, anonymous student surveys, anonymous parent surveys, and anonymous teacher, administrator, specialized instructional support personnel, and other school personnel surveys. ``(c) Biennial Report.--Not later than January 1, 2012, and every 2 years thereafter, the Secretary shall submit to the President and Congress a report on the findings of the evaluation conducted under subsection (a) together with the data collected under subsection (b) and data submitted by the States under section 4402(a)(1)(C)(i). ``SEC. 4405. DEFINITIONS. ``In this part: ``(1) Bullying.--The term `bullying'-- ``(A) means conduct, including an electronic communication, that adversely affects the ability of 1 or more students to participate in or benefit from the school's educational programs or activities by placing the student (or students) in reasonable fear of physical harm; and ``(B) includes conduct that is based on-- ``(i) a student's actual or perceived-- ``(I) race; ``(II) color; ``(III) national origin; ``(IV) sex; ``(V) disability; ``(VI) sexual orientation; ``(VII) gender identity; or ``(VIII) religion; ``(ii) any other distinguishing characteristics that may be defined by a State or local educational agency; or ``(iii) association with a person or group with 1 or more of the actual or perceived characteristics listed in clause (i) or (ii). ``(2) Electronic communication.--The term `electronic communication' means a communication transmitted by means of an electronic device, such as a telephone, cellular phone, computer, or pager. ``(3) Harassment.--The term `harassment'-- ``(A) means conduct, including an electronic communication, that adversely affects the ability of 1 or more students to participate in or benefit from the school's educational programs or activities because the conduct, as reasonably perceived by the student (or students), is so severe, persistent, or pervasive; and ``(B) includes conduct that is based on-- ``(i) a student's actual or perceived-- ``(I) race; ``(II) color; ``(III) national origin; ``(IV) sex; ``(V) disability; ``(VI) sexual orientation; ``(VII) gender identity; or ``(VIII) religion; ``(ii) any other distinguishing characteristic that may be defined by a State or local educational agency; or ``(iii) association with a person or group with 1 or more of the actual or perceived characteristics listed in clause (i) or (ii). ``SEC. 4406. EFFECT ON OTHER LAWS. ``(a) Federal and State Nondiscrimination Laws.--Nothing in this part shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 or 505 of the Rehabilitation Act of 1973 (29 U.S.C. 794, 794a), or the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). The obligations imposed by this part are in addition to those imposed by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). ``(b) Free Speech and Expression Laws.--Nothing in this part shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under, other Federal laws that establish protections for freedom of speech or expression. ``SEC. 4407. RULE OF CONSTRUCTION. ``Nothing in this part shall be construed to prohibit a State or local entity from enacting any law with respect to the prevention of bullying or harassment of students that is not inconsistent with this part.''. (b) Table of Contents.--The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 4304 the following: ``PART D--Safe Schools Improvement ``Sec. 4401. Purpose. ``Sec. 4402. State requirements. ``Sec. 4403. Local educational agency requirements. ``Sec. 4404. Evaluation. ``Sec. 4405. Definitions. ``Sec. 4406. Effect on other laws. ``Sec. 4407. Rule of construction.''. | Safe Schools Improvement Act of 2011 - Amends the Elementary and Secondary Education Act of 1965 to require states, on an ongoing basis, to: (1) collect and report certain information on bullying and harassment by youth in their elementary and secondary schools and communities; (2) conduct, and report the results of, a needs assessment for bullying and harassment prevention programs; and (3) provide technical assistance to local educational agencies (LEAs) and schools in their efforts to thwart bullying and harassment. Requires LEAs to: (1) include clear prohibitions against bullying and harassment within their discipline policies; (2) establish and monitor performance indicators for incidents of bullying and harassment; and (3) establish grievance procedures students, parents, and educators can use to redress such conduct. Directs LEAs to notify parents, students, and educators annually on: (1) the bullying and harassment prohibited by their discipline policies, (2) the numbers and nature of bullying and harassment incidents for each of their schools, and (3) grievance procedures for redressing such conduct. Requires: (1) the Secretary of Education to conduct, and report on, an independent biennial evaluation of programs to combat bullying and harassment in elementary and secondary schools; and (2) the Commissioner for Education Statistics to collect data, that are subject to independent review, to determine the incidence and prevalence of bullying and harassment in elementary and secondary schools in this country. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Steel Financing Fairness Act''. SEC. 2. PROHIBITION ON OPIC FINANCING AND INSURANCE TO COUNTRIES THAT SUBSIDIZE THEIR STEEL INDUSTRIES AND FOR PROJECTS PRODUCING GOODS SUBJECT TO ANTIDUMPING DUTIES. (a) Subsidization.-- (1) Prohibition.--The Overseas Private Investment Corporation may not issue any contract of insurance or reinsurance or any guaranty, or enter into any agreement to provide financing, in connection with a project in a country which provides a subsidy to its steel industry, until 3 months after the subsidy is eliminated. (2) Definition.--For purposes of paragraph (1), a country provides a subsidy to its steel industry if the government of that country provides financial support directly or indirectly to any business concern in that country that produces or manufactures any steel product. (b) Antidumping Orders.--The Overseas Private Investment Corporation may not issue any contract of insurance or reinsurance or any guaranty, or enter into any agreement to provide financing, in connection with a project that would be engaged in the production or manufacture outside the United States of any product on which antidumping duties are in effect under an antidumping duty order issued under subtitle B of title VII of the Tariff Act of 1930 or under a finding under the Antidumping Act, 1921, regardless of the country in which such product would be produced or manufactured. SEC. 3. UNITED STATES OPPOSITION TO IMF ASSISTANCE TO COUNTRIES THAT SUBSIDIZE THEIR STEEL INDUSTRIES. The Bretton Woods Agreements Act (22 U.S.C. 286-286oo) is amended by adding at the end the following: ``SEC. 64. OPPOSITION TO IMF ASSISTANCE TO COUNTRIES WHICH SUBSIDIZE THEIR STEEL INDUSTRIES. ``(a) United States Position.-- ``(1) In general.--The Secretary of the Treasury shall instruct the United States Executive Director at the Fund to use the voice, vote, and influence of the United States to oppose the provision by the Fund of assistance in any form to any foreign country the government of which subsidizes the steel industry of the foreign country, until 3 months after the subsidy is eliminated. ``(2) Subsidize defined.--In paragraph (1), the term `subsidize' means, with respect to the steel industry of a foreign country, the provision of financial support directly or indirectly to any business concern in the foreign country that produces or manufactures any steel product. ``(b) Reduction of United States Contributions.-- ``(1) In general.--If, during the 3-month period referred to in subsection (a)(1), the Fund provides assistance in any form to a foreign country referred to in subsection (a)(1), the Secretary of the Treasury shall reduce the amount otherwise authorized to be contributed by the United States to the Fund in the first fiscal year that begins after the provision of the assistance by a percentage equal to-- ``(A) the amount contributed by the United States to the Fund in the fiscal year in which the assistance is so provided, divided by the total of the amounts contributed to the Fund by all member countries in the fiscal year in which the assistance is so provided; multiplied by ``(B) the total amount of assistance provided by the Fund to the foreign country in the fiscal year referred to in subparagraph (A), divided by the total amount of assistance provided by the Fund to all countries in the fiscal year referred to in subparagraph (A). ``(2) Continuation of reductions if necessary to recover full amount of opposed assistance.--The Secretary shall continue to reduce the amount otherwise authorized to be contributed by the United States to the Fund for succeeding fiscal years until the total amount of the reductions under paragraph (1) with respect to the foreign country equals the amount of the assistance referred to in paragraph (1) with respect to the foreign country. ``(c) Notice to the Congress of Amount of Impending Reduction.-- Within 60 legislative days after the Fund, during the 3-month period referred to in subsection (a), provides assistance in any form to a foreign country referred to in subsection (a), the Secretary of the Treasury shall-- ``(1) determine the amount by which the United States contribution to the Fund is required to be reduced under subsection (b); and ``(2) notify the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate of the amount of the required reduction.''. SEC. 4. BAN ON EXPORT-IMPORT BANK ASSISTANCE TO COUNTRIES THAT SUBSIDIZE THEIR STEEL INDUSTRIES. Section 2(b) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)) is amended by adding at the end the following: ``(13) Ban on Assistance to Countries That Subsidize Their Steel Industries.-- ``(A) In general.--The Bank may not guarantee, insure, or extend (or participate in the extension of) credit in connection with the export of any good or service to any foreign country the government of which subsidizes the steel industry of the country, until 3 months after the subsidy is eliminated. ``(B) Subsidize defined.--In subparagraph (A), the term `subsidize' means, with respect to the steel industry of a country, the provision of financial support directly or indirectly to any business concern in the country that produces or manufactures any steel product.''. | Steel Financing Fairness Act - Prohibits the Overseas Private Investment Corporation (OPIC) from providing insurance or financing for a project: (1) in any country that grants a subsidy to its steel industry until three months after such subsidy is eliminated; or (2) that produces, outside of the United States, any product subject to antidumping duties. Amends the Bretton Woods Agreements Act to require the Secretary of the Treasury to: (1) instruct the U.S. Executive Director at the International Monetary Fund (IMF) to oppose any assistance from the IMF to any foreign government that subsidizes its steel industry until three months after such subsidy is eliminated; and (2) reduce the U.S. contribution to the IMF if it provides assistance to any such government during such period. Amends the Export-Import Bank Act of 1945 to prohibit the Export-Import Bank from guaranteeing, insuring, or extending credit for exports to any foreign government that subsidizes its steel industry until three months after such subsidy is eliminated. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Benefit Card Fairness Act of 2010''. SEC. 2. PROTECTION FOR CONSUMERS WHO HAVE GOVERNMENT BENEFIT CARDS. (a) Government Payment Accounts Included in Definition of Account.--Section 903 of the Electronic Fund Transfer Act (15 U.S.C. 1693a) is amended-- (1) in paragraph (2), by inserting ``and includes a government payment account,'' before ``but''; (2) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (3) by inserting after paragraph (8) the following: ``(9) the term `government payment account' means an account that is directly or indirectly established through a government agency and to which electronic fund transfers are made by or on behalf of a government agency on a recurring basis;''. (b) Elimination of Exemption for Government Electronic Benefit Transfer Systems.-- (1) In general.--Section 904(d) of such Act (15 U.S.C. 1693b(d)) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (2) Conforming amendments.-- (A) Section 905(a)(10)(A) of such Act (15 U.S.C. 1693c(a)(10)(A)) is amended by striking ``903(d)(3)(D)(i)'' and inserting ``903(d)(2)(D)(i)''. (B) Section 910(d) of such Act (15 U.S.C. 1693h(d)) is amended by striking ``903(d)(3)(B)(i)'' each place it appears and inserting ``903(d)(2)(B)(i)''. (c) Consumer Protection.--The Electronic Fund Transfer Act (15 U.S.C. 1693-1693r) is amended by adding at the end the following: ``SEC. 922. GOVERNMENT PAYMENT ACCOUNTS. ``(a) In General.--A financial institution shall not offer a government payment account except in compliance with this section. ``(b) Consumer Choice.--An electronic fund transfer on behalf of a consumer may not be made automatically to a government payment account, unless-- ``(1) the consumer has first been offered and has declined the choice of direct deposit to an existing account chosen by the consumer; ``(2) the consumer has, when offered the choice of direct deposit to an existing account, been provided a clear and conspicuous list of the types and amounts of all fees and charges associated with the government payment account; and ``(3) the consumer has the opportunity, in case of hardship, to opt out of electronic transfer of payments to the consumer and elect to receive payments in the form of a check. ``(c) Access to Account Balance and Transaction History.-- ``(1) A financial institution shall provide the means for the consumer to access the balance of a government payment account through a telephone line, online, and at a terminal (such as by providing balance information, routinely or on request, on a screen or on a receipt from an automated teller machine). ``(2) A financial institution shall either provide periodic statements pursuant to section 906(c), or make available to a consumer at a consumer's option all of the following without a fee, except for the fee permitted in subparagraph (E): ``(A) A written history of the consumer's account transactions that is provided promptly in response to an oral or written request and that is available for transactions at least 24-months preceding the date of the request by the consumer. ``(B) An electronic history of the consumer's account transactions, such as through an Internet Web site, that covers at least 60 days preceding the date the consumer electronically accesses the account. ``(C) An electronic periodic statement. ``(D) Electronic mail notification of the availability of an electronic history or an electronic periodic statement at least once each period, unless the consumer has declined to provide an electronic mail address. ``(E) The choice of receiving a written periodic statement upon payment of a nominal fee, not to exceed $1 per statement. ``(3) A history of account transactions provided under subparagraphs (A) and (B) of paragraph (1) of this subsection shall include the information required by section 906(c). ``(d) Fees.-- ``(1) In general.--A fee or charge may not be assessed on a government payment account except as authorized by this section. ``(2) Prohibited fees.--A fee or charge may not be charged on a government payment account for any of the following: ``(A) The first withdrawal from an in-network automated teller machine and the first withdrawal from a bank teller, after each deposit. ``(B) An application. ``(C) Participation, whether on a one-time or periodic basis. ``(D) An overdraft, including a shortage of funds or a transaction processed for an amount exceeding the account balance. ``(E) A purchase. ``(F) A declined transaction. ``(G) Inactivity. ``(H) An inquiry, or balance or transaction information, at an automated teller machine or through the Internet or an automated system. ``(I) Customer service. ``(J) An ad hoc request for a statement. ``(K) An extension of credit. ``(L) 1 replacement card each year. ``(M) Anything for which a fee is not permitted by or under paragraph (3). ``(3) Permitted fees.-- ``(A) Nominal fee for written periodic statements.--The consumer may be charged a nominal fee not to exceed $1 for written periodic statements if the fee is designed solely to cover the costs of printing and mailing the statements, and if other account information is made available in accordance with this section. ``(B) Transaction fees.--Subject to subparagraph (C), a consumer may be charged a fee for only the following transactions in connection with a government payment account: ``(i) The second or any subsequent withdrawal from an in-network automated teller machine and the second or any subsequent withdrawal from a bank teller, after each deposit. ``(ii) A surcharge imposed by a non-network automated teller machine in compliance with section 904(d)(3). ``(iii) A transfer to another account. ``(iv) Bill payment. ``(v) A replacement card after the first one each year. ``(vi) Expedited delivery of a replacement card. ``(vii) International automated teller machine withdrawal. ``(viii) A purchase or withdrawal in an international currency. ``(C) Authority to permit other fees.--The Board may by regulation authorize other permissible fees for specific services beyond ordinary use of the account. ``(e) Disclosures.-- ``(1) In general.--A financial institution shall disclose the following: ``(A) Means to obtain account balance.--The means by which the consumer may obtain information without a fee concerning the account balance, including a telephone number and Web site. ``(B) Written account history.--A summary of the consumer's right to receive a written account history on request and other means to obtain transaction information. ``(C) Fee information.-- ``(i) Any fee or charge associated with the account shall be disclosed in a prominent location on or in conjunction with any application or solicitation, or other applicable document, and in the form of a table with headings, content, and format substantially similar to the tables required pursuant to section 127(c)(1)(A) of the Truth in Lending Act and regulations under that section. ``(ii) The card or device used to access the account shall display a toll-free number and Web site at which a clear and conspicuous list of fees and charges may be obtained. ``(iii) The initial disclosure of fees and charges shall include a wallet-sized summary of the fees and charges, the Web site where fee information can be found, and the telephone number for customer service. ``(2) Modified requirements.--The following requirements shall apply to financial institutions that do not furnish periodic statements for the transfers referred to in subsection (c): ``(A) Error resolution.--The financial institution shall provide a notice to consumers concerning error resolution as prescribed in regulations of the Board. ``(B) Limitations on liability.--For purposes of section 909(a), the 60-day period for reporting an unauthorized transfer that appears on a periodic statement shall begin with transmittal of a written account history or other account information, provided to or accessed by the consumer under subsection (c) of this section, in which the unauthorized transfer is first reflected. ``(C) Error resolution.--If a financial institution receives oral or written notice of an error from the consumer within 60 days after the consumer, under subsection (c) of this section, obtains a written account history or other account information in which the error is first reflected, the financial institution shall comply with section 908. ``(f) FDIC Insurance.--A financial institution shall not offer electronic fund transfer services in connection with a government payment account unless the account complies with requirements of the Federal Deposit Insurance Corporation for the provision of insurance by the Federal Deposit Insurance Corporation to the consumer on either a direct or pass-through basis. ``(g) Standard State Contracts.--The Secretary of the Treasury, in consultation with the Secretary of Labor and the Secretary of Health and Human Services, shall promulgate a request for proposals from financial institutions for a standard contract into which a State or local government agency may enter for government payment account services in compliance with this section. ``(h) Definition of Financial Institution.--In this section, the term `financial institution' means any provider of a government payment account.''. (d) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall take effect 1 year after the date of the enactment of this Act. (2) Inapplicability to services provided under contracts entered into before enactment.--The amendments made by this section shall not apply with respect to the provision of goods or services under a contract entered into before the date of the enactment of this Act. | Benefit Card Fairness Act of 2010 - Amends the Electronic Fund Transfer Act (EFTA) to extend its coverage to any account directly or indirectly established through a government agency to which electronic fund transfers (EFTs) are made by or on behalf of a government agency on a recurring basis (government payment account). Repeals the exemption from EFTA disclosure, protection, responsibility, and remedy requirements of electronic benefit transfer systems established by a federal, state, or local government agency for distributing needs-tested benefits, such as through automated teller machines (ATMs) or point-of-sale terminals. Requires a financial institution to offer a government payment account in compliance with this Act and with the requirements of the Federal Deposit Insurance Corporation (FDIC) for the provision of insurance to the consumer. Prescribes requirements for consumer choice in making an EFT to a government payment account, as well as for access to account balance and transaction history. Prohibits the assessment of specified fees on a government payment account, except certain transaction fees, a nominal fee of up to $1 for written periodic statements, and other permissible fees for specific services beyond ordinary use of the account. Requires a financial institution to make certain disclosures including: (1) the means to obtain account balance; (2) written account history; (3) fee information; and (4) error resolution. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Revitalization Act''. SEC. 2. ECONOMIC REVITALIZATION ZONES. (a) In General.--Chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: ``Subchapter Z--Economic Revitalization Zones ``Sec. 1400M. Designation of economic revitalization zones. ``Sec. 1400N. Incentives for economic revitalization zones. ``SEC. 1400M. DESIGNATION OF ECONOMIC REVITALIZATION ZONES. ``(a) Designation.-- ``(1) Definitions.--For purposes of this title, the term `economic revitalization zone' means any area-- ``(A) which is nominated by 1 or more local governments and the State or States in which it is located for designation as an economic revitalization zone (hereafter in this section referred to as a `nominated area'), and ``(B) which the Secretary of Labor designates as an economic revitalization zone. ``(2) Number of designations.--Not more than 10 nominated areas may be designated as economic revitalization zones. ``(3) Limitation on designations.-- ``(A) Publication of regulations.--The Secretary of Labor shall prescribe by regulation no later than 3 months after the date of the enactment of this section-- ``(i) the procedures for nominating an area under paragraph (1)(A), and ``(ii) the parameters relating to the size characteristics of an economic revitalization zone. ``(B) Time limitations.--The Secretary of Labor may designate nominated areas as economic revitalization zones only during the 180-day period beginning on the first day of the first month following the month in which the regulations described in subparagraph (A) are prescribed. ``(C) Procedural rules.--The Secretary of Labor shall not make any designation of a nominated area as an economic revitalization zone under paragraph (2) unless-- ``(i) the local governments and the States in which the nominated area is located have the authority to nominate such area for designation as an economic revitalization zone, ``(ii) a nomination regarding such area is submitted in such a manner and in such form, and contains such information, as the Secretary of Labor shall by regulation prescribe, and ``(iii) the Secretary of Labor determines that any information furnished is reasonably accurate. ``(4) Priority.--The Secretary of Labor shall give priority to nominated areas which-- ``(A) are located in States that have experienced employment in a trade-affected industry decline by more than 50 percent since 1993, and ``(B) have suffered the loss of more than 1000 jobs in the trade-affected industry within the preceding year. ``(b) Period for Which Designation Is in Effect.-- ``(1) In general.--Any designation of an area as an economic revitalization zone shall remain in effect during the period beginning on the earliest practicable date, as determined by the Secretary of Labor, and ending on the earliest of-- ``(A) December 31, 2014, ``(B) the termination date designated by the State and local governments in their nomination, or ``(C) the date the Secretary of Labor revokes such designation under the terms of paragraph (2) or after determining that such revocation is necessary to protect the public interest. ``(2) Revocation of designation.--The Secretary of Labor may revoke the designation under this section of an area if such Secretary determines that the local government or the State in which the area is located has modified the boundaries of the area. ``(c) Area and Eligibility Requirements.-- ``(1) In general.--The Secretary of Labor may designate a nominated area as an economic revitalization zone under subsection (a) only if the area meets the requirements of paragraphs (2) and (3) of this subsection. ``(2) Area requirements.--A nominated area meets the requirements of this paragraph if-- ``(A) the area is within the jurisdiction of 1 or more local governments in 1 or more trade-affected States, and ``(B) the boundary of the area is continuous. ``(3) Eligibility requirements.--A nominated area meets the requirements of this paragraph if the States and the local governments in which it is located certify in writing (and the Secretary of Labor, after such review of supporting data as the Secretary deems appropriate, accepts such certification) that-- ``(A) the average unemployment rate in the area for the most recent period for which data is available on the date of the nomination of such area is at least 150 percent of the average national unemployment rate for such period, ``(B) of the total employment in the area during 1993-- ``(i) more than 10 percent consisted of employment in a trade-affected industry located in such area, or ``(ii) more than 15 percent consisted of employment in all of the trade-affected industries located in such area, and ``(C) employment in a trade-affected industry located in such area decreased by more than 20 percent during the period from 1993 through 2002. ``(d) Definitions and Special Rules.--For purposes of this subchapter-- ``(1) Trade-affected state.--The term `trade-affected State' means any State in which the total number of workers located in such State who were certified through the trade adjustment assistance and the NAFTA transitional adjustment assistance programs under chapter 2 of title II of the Trade Act of 1974 during the period from 1994 through 2002 was not less than an amount equal to 2.5 percent of the State's total labor force in 1994. ``(2) Trade-affected industry.--The term `trade-affected industry' means any industry listed in a 3-digit North American industry classification system subsector-- ``(A) which had a total labor force of at least 200,000 during 1994, as determined by the Bureau of Labor Statistics, ``(B) in which the number of employees has declined by more than 30 percent since 1993, and ``(C) in which the total number of workers who were certified through the trade adjustment assistance and the NAFTA transitional adjustment assistance programs under chapter 2 of title II of the Trade Act of 1974 during the period from 1994 through 2002 was not less than an amount equal to 10 percent of such industry's total labor force in 1994. ``(3) Local government.--The term `local government' means-- ``(A) any county, city, town, township, parish, village, or other general purpose political subdivision of a State, and ``(B) any combination of political subdivisions described in subparagraph (A) recognized by the Secretary of Labor. ``(4) Governments.--If more than 1 government seeks to nominate an area as an economic revitalization zone, any reference to, or requirement of, this section shall apply to all such governments. ``SEC. 1400N. INCENTIVES FOR ECONOMIC REVITALIZATION ZONES. ``(a) In General.--An economic revitalization zone shall be treated for the period of its designation as an empowerment zone for purposes of applying-- ``(1) section 1394 (relating to tax-exempt enterprise zone facility bonds), ``(2) section 1396 (relating to empowerment zone employment credit), ``(3) section 1397A (relating to increase in expensing under section 179), and ``(4) section 1397B (relating to nonrecognition of gain on rollover of empowerment zone investments). ``(b) New Markets Tax Credit.--An economic revitalization zone shall be treated for the period of its designation as a low-income community for purposes of applying section 45D (relating to new markets tax credit).''. (b) Clerical Amendment.--The table of subchapters for chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subchapter Z. Economic Revitalization Zones.''. SEC. 3. COMMUNITY COLLEGE EMPLOYMENT GRANTS. (a) In General.--Chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et seq.) is amended by inserting after section 238 the following: ``SEC. 238A. JOB TRAINING PROGRAMS. ``(a) Grant Program Authorized.--The Secretary is authorized to award grants to community colleges (as defined in section 202 of the Tech-Prep Education Act (20 U.S.C. 2371)) on a competitive basis to establish job training programs for adversely affected workers. ``(b) Application.-- ``(1) Submission.--To receive a grant under this section, a community college shall submit an application to the Secretary at such time and in such manner as the Secretary shall require. ``(2) Contents.--The application submitted under paragraph (1) shall provide a description of-- ``(A) the population to be served with grant funds received under this section; ``(B) how grant funds received under this section will be expended; and ``(C) the job training programs that will be established with grant funds received under this section, including a description of how such programs relate to workforce needs in the area where the community college is located. ``(c) Eligibility.--To be eligible to receive a grant under this section, a community college shall be located in an economic revitalization zone (as defined in section 1400M(a) of the Internal Revenue Code of 1986, as added by section 2). ``(d) Decision on Applications.--Not later than 30 days after submission of an application under subsection (b), the Secretary shall approve or disapprove the application. ``(e) Use of Funds.--A community college that receives a grant under this section shall use the grant funds to establish job training programs for adversely affected workers. ``(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents for chapter 2 of title II of the Trade Act of 1974 is amended by inserting after the item relating to section 238 the following new item: ``Sec. 238A. Job training programs. SEC. 4. IMMEDIATE ASSISTANCE FOR TEXTILE WORKERS. Section 222 of the Trade Act of 1974 (19 U.S.C. 2272) is amended by adding at the end the following: ``(d) Additional Rule for Textile and Apparel Workers.-- ``(1) Presumptive certification.--A group of workers at a textile or apparel firm shall be presumed eligible and shall be certified by the Secretary as adversely affected and eligible for trade adjustment assistance under this chapter and benefits under the amendments made by title II of the Trade Adjustment Assistance Reform Act of 2002 (Public Law 107-210; 116 Stat. 954) if-- ``(A) a significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm has become totally or partially separated, or are threatened to become totally or partially separated; ``(B)(i) the sales or production of the workers' firm has decreased; or ``(ii) the workers' plant or facility has closed or relocated; and ``(C) the event described in subparagraph (B) contributed importantly to the workers' separation or threat of separation. ``(2) Permanent certification.--The presumptive certification under paragraph (1) shall become permanent 40 days after the submission of a petition by the group of workers under section 221 unless the Secretary determines within such period, after giving the group of workers notice and an opportunity to be heard, that the workers do not satisfy the criteria for certification in subsection (a).''. | Economic Revitalization Act - Amends the Internal Revenue Code to provide for economic revitalization zones designated by the Secretary of Labor in areas where: (1) the average unemployment rate for the most recent period for which data is available is at least 150 percent of the average national unemployment rate; (2) more than ten percent of the total employment in the area during 1993 consisted of employment in a trade-affected industry, or more than 15 percent consisted of employment in all of the trade-affected industries located in the area; and (3) employment in a trade-affected industry located in such area decreased by more than 20 percent during the period from 1993 through 2002. Requires priority for designation to be given to areas which: (1) are located in States that have experienced employment in a trade-affected industry decline by more than 50 percent since 1993; and (2) have suffered the loss of more than 1000 jobs in the trade-affected industry within the preceding year. Defines trade-affected industry as any industry listed in a three-digit North American industry classification system subsector: (1) which had a total labor force of at least 200,000 during 1994; (2) in which the number of employees has declined by more than 30 percent since 1993; and (3) in which the total number of workers certified through the trade adjustment assistance and the North American Free Trade Agreement (NAFTA) transitional adjustment assistance programs under the Trade Act of 1974 from 1994 through 2002 was not less than an amount equal to ten percent of such industry's total labor force in 1994. Requires treatment of an economic revitalization zone as an empowerment zone for purposes of applying specified tax incentives, including the new markets tax credit. Amends the Trade Act of 1974 to authorize the award of competitive grants to community colleges to establish job training programs for adversely affected workers. Presumes a group of workers at a textile or apparel firm to be adversely affected and eligible for trade adjustment assistance benefits under the Trade Adjustment Assistance Reform Act of 2002 if: (1) a significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm has become totally or partially separated, or are threatened to become totally or partially separated; (2) the sales or production of the workers' firm has decreased, or the workers' plant or facility has closed or relocated; and (3) such event contributed importantly to the workers' separation or threat of separation. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Generate Retirement Ownership Through Long-Term Holding Act of 2005''. SEC. 2. DEFERRAL OF REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. (a) In General.--Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to common nontaxable exchanges) is amended by inserting after section 1045 the following new section: ``SEC. 1046. REINVESTED CAPITAL GAIN DIVIDENDS OF REGULATED INVESTMENT COMPANIES. ``(a) Nonrecognition of Gain.--In the case of an individual, no gain shall be recognized on the receipt of a capital gain dividend distributed by a regulated investment company to which part I of subchapter M applies if such capital gain dividend is automatically reinvested in additional shares of the company pursuant to a dividend reinvestment plan. ``(b) Definitions and Special Rules.--For purposes of this section-- ``(1) Capital gain dividend.--The term `capital gain dividend' has the meaning given to such term by section 852(b)(3)(C). ``(2) Recognition of deferred capital gain dividends.-- ``(A) In general.--Gain treated as unrecognized in accordance with subsection (a) shall be recognized in accordance with subparagraph (B)-- ``(i) upon a subsequent sale or redemption by such individual of stock in the distributing company, or ``(ii) upon the death of the individual. ``(B) Gain recognition.-- ``(i) In general.--Upon a sale or redemption described in subparagraph (A), the taxpayer shall recognize that portion of total gain treated as unrecognized in accordance with subsection (a) (and not previously recognized pursuant to this subparagraph) that is equivalent to the portion of the taxpayer's shares in the distributing company that are sold or redeemed. ``(ii) Death of individual.--Except as provided by regulations, any portion of such total gain not recognized under clause (i) prior to the taxpayer's death shall be recognized upon the death of the taxpayer and included in the taxpayer's gross income for the taxable year ending on the date of the taxpayer's death. ``(3) Holding period.-- ``(A) General rule.--The taxpayer's holding period in shares acquired through reinvestment of a capital gain dividend to which subsection (a) applies shall be determined by treating the shareholder as having held such shares for one year and a day as of the date such shares are acquired. ``(B) Special rule for distributions of qualified 5-year gains.--In the case of a distribution of a capital gain dividend (or portion thereof) in a taxable year beginning after December 31, 2008, and properly treated as qualified 5-year gain (within the meaning of section 1(h), as in effect after such date), subparagraph (A) shall apply by substituting `5 years and a day' for `one year and a day'. ``(c) Section not to Apply to Certain Taxpayers.--This section shall not apply to-- ``(1) an 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 such individual's taxable year begins, or ``(2) an estate or trust. ``(d) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.''. (b) Conforming Amendments.-- (1) Section 852(b)(3)(B) of such Code is amended by adding at the end the following new sentence: ``For rules regarding nonrecognition of gain with respect to reinvested capital gain dividends received by individuals, see section 1046.''. (2) The table of sections for part III of subchapter O of chapter 1 of such Code is amended by inserting after the item relating to section 1045 the following new item: ``Sec. 1046. Reinvested capital gain dividends of regulated investment companies.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. | Generate Retirement Ownership Through Long-Term Holding Act of 2005 - Amends the Internal Revenue Code to provide that no gain shall be recognized on the receipt of a capital gain dividend distributed by a regulated investment company if such dividend is automatically reinvested in additional shares of the company pursuant to a dividend reinvestment plan. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``United States Capitol Police Authorization Act of 2001''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SALARIES AND EXPENSES OF UNITED STATES CAPITOL POLICE. (a) In General.--There are authorized to be appropriated for the salaries and expenses of the United States Capitol Police such sums as may be necessary for fiscal year 2002 and each succeeding fiscal year (consistent with the number of positions set forth in subsection (b)). (b) Number of Authorized Positions.--Effective with respect to fiscal year 2002 and each fiscal year thereafter, the total number of full-time equivalent positions of the United States Capitol Police (including positions for members of the Capitol Police and civilian employees) may not exceed 1,981 positions. SEC. 3. RATES OF BASIC PAY FOR OFFICERS AND MEMBERS OF THE CAPITOL POLICE. (a) Adjustment of Rates to Levels Applicable to Uniformed Secret Service and Park Police.-- (1) In general.--Effective with respect to the first pay period beginning after the date of the enactment of this Act, the Capitol Police Board shall adjust the annual rates of basic compensation for officers and members of the United States Capitol Police so that such rates are the same as the annual rates of basic compensation applicable during such pay period for officers and members of the United States Secret Service Uniformed Division and the United States Park Police serving in corresponding or similar classes, except as provided in paragraph (2). (2) No decrease in rates permitted.--Paragraph (1) shall not apply with respect to any rate of basic compensation for an officer or member of the United States Capitol Police for the pay period described in paragraph (1) which is greater than the rate of basic compensation for such pay period applicable to an officer or member of the United States Secret Service Uniformed Division or the United States Park Police serving in a corresponding or similar class. (b) Providing Same Annual Adjustment in Rates Provided for Uniformed Secret Service and Park Police.-- (1) In general.--Effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 of title 5, United States Code, (or any subsequent similar provision of law) in the rates of pay under the General Schedule (or any pay system that may supersede such schedule), the annual rates of basic compensation of officers and members of the United States Capitol Police shall be adjusted by the Capitol Police Board by an amount equal to the percentage of such annual rate of pay which corresponds to the overall percentage of the adjustment made in the rates of pay under the General Schedule, except that in no case may the annual rate of basic compensation for any such officer or member exceed the rate of basic pay payable for level IV of the Executive Schedule contained in subchapter II of chapter 53 of title 5, United States Code. (2) Availability of appropriations.--Any adjustment under this subsection shall be subject to the availability of appropriations. If appropriations are not available to make an adjustment as provided under paragraph (1), the Capitol Police Board shall make that adjustment on the first day of the first applicable pay period beginning on or after the date on which appropriations are made available. (c) Applicable Rate of Pay Upon Appointment.--Notwithstanding any other provision of law, the annual rate of basic compensation payable to an individual upon appointment to a position as an officer or member of the United States Capitol Police shall be determined by the Capitol Police Board in accordance with regulations promulgated by the Board and approved by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, except that in no case may such a rate be less than the minimum, or greater than the maximum, annual rate of basic compensation otherwise applicable to the position. SEC. 4. DEPOSIT AND EXPENDITURE OF CERTAIN FUNDS RELATING TO THE CAPITOL POLICE. (a) In General.-- (1) Disposal of property.--Any funds from the proceeds of the disposal of property of the Capitol Police shall be deposited in the United States Treasury for credit to the appropriation for ``general expenses'' under the heading ``Capitol Police Board'', or ``security enhancements'' under the heading ``Capitol Police Board''. (2) Compensation.--Any funds for compensation for damage to, or loss of, property of the Capitol Police, including any insurance payment or payment made by an officer or civilian employee of the Capitol Police for such compensation, shall be deposited in the United States Treasury for credit to the appropriation for ``general expenses'' under the heading ``Capitol Police Board''. (3) Expenditures.--Funds deposited under this subsection may be expended by the Capitol Police Board for any authorized purpose and shall remain available until expended. (4) Effective date.--This subsection shall apply with respect to fiscal year 2002 and each succeeding fiscal year. (b) Incentive, Performance, and Specialty Skills Expenditures.-- (1) In general.--The Capitol Police Board may expend funds from the appropriation ``salaries'' under the heading ``Capitol Police Board'' for-- (A) an incentive and performance monetary award program established by the Capitol Police Board for officers or civilian employees of the Capitol Police; and (B) specialty skills pay for field training officers not to exceed $2,000 a year per officer. (2) Monetary award program.--Any payment of a monetary award under the program established under paragraph (1)(A)-- (A) shall be made at the same time and in the same manner as annual compensation is disbursed for the officer or civilian employee; (B) in any pay period for any officer or civilian employee may not result in the sum of compensation for that period and the award payment exceeding-- (i) in the case of an officer or civilian employee to whom subsection (f) of section 105 of the Legislative Branch Appropriation Act, 1968 (2 U.S.C. 61-1(f)) applies, the amount equal to \1/24\th of the annual maximum gross compensation limitation under that subsection; or (ii) in the case of an officer or civilian employee to whom subsection (d) of section 311 of the Legislative Branch Appropriations Act, 1988 (2 U.S.C. 60a-2a) applies, the amount equal to \1/26\th of the annual maximum limitation in pay adjusted under that subsection; (C) shall not be basic pay of an employee for purposes of chapters 83 and 84 of title 5, United States Code (relating to retirement) and chapter 87 of such title (relating to life insurance coverage); (D) shall not be premium or overtime pay; (E) shall not be included in Federal wages for purposes of chapter 85 of such title (relating to unemployment compensation); and (F) shall be paid from the appropriation or fund used to pay the officer or civilian employee. SEC. 5. PERMITTING CAPITOL POLICE BOARD TO LEASE FACILITIES AND PROPERTY FOR USE OF CAPITOL POLICE. (a) In General.--The Capitol Police Board may at any time after the date of the enactment of this Act enter into agreements to lease facilities and property for the use of the United States Capitol Police, subject to the approval of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. (b) Acquisition of Interim Training Facility.-- (1) In general.--Pursuant to the authority provided under subsection (a), the Capitol Police Board may take such steps as it considers appropriate to secure the use of an interim facility for training for the Capitol Police pending the completion of the permanent law enforcement training facility in Cheltenham, Maryland. (2) Authorization of appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this subsection. (c) Assistance of Architect of the Capitol.--At the request of the Capitol Police Board, the Architect of the Capitol shall provide such assistance to the Capitol Police Board in entering into lease agreements pursuant to this section (a) as the Board may require, including assistance in negotiating the terms of such agreements. SEC. 6. USE OF CERTAIN PROPERTY FOR VEHICLE MAINTENANCE FOR CAPITOL POLICE. (a) In General.--Notwithstanding any other provision of law, the property referred to in subsection (d) shall be under the control of the Chief of the United States Capitol Police and shall be used by the Chief for the care and maintenance of vehicles of the United States Capitol Police, in accordance with a plan prepared by the Chief. (b) Additional Uses Permitted.--In addition to the use described in subsection (a), the Chief of the United States Capitol Police may permit the property referred to in subsection (d) to be used for other purposes by the United States Capitol Police, the House of Representatives, the Senate, and the Architect of the Capitol, subject to-- (1) the approval of the Committee on House Administration of the House of Representatives, in the case of use by the House of Representatives; (2) the approval of the Committee on Rules and Administration of the Senate, in the case of use by the Senate; or (3) the approval of both the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, in the case of use by the United States Capitol Police or the Architect of the Capitol. (c) Occupational Safety and Health.--The Chief of the United States Capitol Police shall take such actions as may be necessary to ensure that, in using the property referred to in subsection (d), the United States Capitol Police are in compliance with the provisions of section 5 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 654), as applied to the United States Capitol Police pursuant to section 215 of the Congressional Accountability Act of 1995 (2 U.S.C. 1341). (d) Property Described.--The property referred to in this subsection is the property secured by the Architect of the Capitol pursuant to section 128 of the Legislative Branch Appropriations Act, 2002 (Public Law 107-68). SEC. 7. DISPOSAL OF FIREARMS. The disposal of firearms by officers and members of the United States Capitol Police shall be carried out in accordance with regulations promulgated by the Capitol Police Board and approved by the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives. SEC. 8. AUTHORIZATION TO CARRY OUT PROJECTS IN RESPONSE TO EMERGENCY. (a) In General.-- (1) Authorization.--There are authorized to be appropriated to the Capitol Police Board from the Emergency Response Fund established by Public Law 107-38 such sums as may be necessary to enable the United States Capitol Police to carry out the following: (A) Immediate actions to safeguard people. (B) Actions to reduce threats. (C) Actions to ensure the continuation of government and its operations. (D) Recovery and preparedness. (2) Requiring approval for obligation.--The Capitol Police Board may not obligate any amounts authorized to be appropriated pursuant to paragraph (1) without-- (A) the approval of the Committee on House Administration of the House of Representatives, in the case of amounts to be obligated to carry out activities on behalf of the House of Representatives; (B) the approval of the Committee on Rules and Administration of the Senate, in the case of amounts to be obligated to carry out activities on behalf of the Senate; or (C) the approval of both the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, in the case of amounts to be obligated to carry out any other activities. (b) Permitting Acceptance of Donated Support Items and Services During Emergencies.--Notwithstanding any other provision of law, at any time after the date of the enactment of this Act the Capitol Police Board may accept contributions of recreational, comfort, and other incidental items and services to support officers and employees of the United States Capitol Police while such officers and employees are on duty in response to emergencies involving the safety of human life or the protection of property. SEC. 9. CLARIFICATION OF AUTHORITY OF CAPITOL POLICE TO POLICE BOTANIC GARDEN. (a) In General.--Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a) is amended by adding at the end the following new subsection: ``(c)(1) For purposes of this section, `the United States Capitol Buildings and Grounds' shall include all buildings and grounds of the United States Botanic Garden, including the National Garden and Bartholdi Park. ``(2) For purposes of this section, the Joint Committee on the Library may suspend the application of section 4 of this Act to the buildings and grounds described in paragraph (1) in order to promote the interests of the United States Botanic Garden.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to fiscal year 2002 and each succeeding fiscal year. SEC. 10. USE OF VEHICLES TO TRANSPORT POLICE DOGS. Notwithstanding any other provision of law, an officer of the United States Capitol Police who works with a police dog and who is responsible for the care of the dog during non-working hours may use an official Capitol Police vehicle to travel between the officer's residence and duty station when the officer is accompanied by the dog. | United States Capitol Police Authorization Act of 2001 - Authorizes appropriations for the U.S. Capitol Police (USCP) for salaries and expenses. Establishes the maximum number of full-time equivalent positions and adjusts rates of pay to be comparable to those of the U.S. Secret Service Uniformed Division and the U.S. Park Police, as specified, but bars any rate decrease.Makes proceeds from property disposal or insurance compensation a credit to the appropriation.Sets forth procedures governing the administration of a monetary award program for incentive, performance, and specialty skills pay.Authorizes the Capitol Police Board to lease facilities and property.Places certain leased property under the control of the Chief of the USCP, permitting additional uses as specified.Requires USCP firearms to be disposed of in accordance with Capitol Police Board regulations.Authorizes appropriations from the Emergency Response Fund to the USCP for emergency response.Includes the buildings and grounds of the U.S. Botanic Garden within the purview of the USCP. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Venture Capital Gains and Growth Act of 2001''. SEC. 2. MODIFICATIONS APPLICABLE TO QUALIFIED SMALL BUSINESS STOCK. (a) Repeal of Minimum Tax Preference.-- (1) In general.--Subsection (a) of section 57 of the Internal Revenue Code of 1986 (relating to items of tax preference) is amended by striking paragraph (7). (2) Technical amendment.--Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (b) Increase in Rollover Period for Qualified Small Business Stock.--Subsections (a)(1) and (b)(3) of section 1045 of the Internal Revenue Code of 1986 (relating to rollover of gain from qualified small business stock to another qualified small business stock) are each amended by striking ``60-day'' and inserting ``180-day''. (c) Reduction in Holding Period.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to partial exclusion for gains from certain small business stock) is amended by striking ``5 years'' and inserting ``3 years''. (2) Conforming amendment.--Subsections (g)(2)(A) and (j)(1)(A) of section 1202 of such Code are each amended by striking ``5 years'' and inserting ``3 years''. (d) Repeal of Per-Issuer Limitation.--Section 1202(b) of the Internal Revenue Code of 1986 (relating to per-issuer limitations on taxpayer's eligible gain) is repealed. (e) Qualified Trade or Business.--Section 1202(e)(3) of the Internal Revenue Code of 1986 (relating to qualified trade or business) is amended by inserting ``, and is anticipated to continue to be,'' before ``the reputation'' in subparagraph (A). (f) Other Modifications.-- (1) Repeal of working capital limitation.--Section 1202(e)(6) of the Internal Revenue Code of 1986 (relating to working capital) is amended-- (A) in subparagraph (B), by striking ``2 years'' and inserting ``5 years''; and (B) by striking the last sentence. (2) Exception from redemption rules where business purpose.--Section 1202(c)(3) of such Code (relating to certain purchases by corporation of its own stock) is amended by adding at the end the following new subparagraph: ``(D) Waiver where business purpose.--A purchase of stock by the issuing corporation shall be disregarded for purposes of subparagraph (B) if the issuing corporation establishes that there was a business purpose for such purchase and one of the principal purposes of the purchase was not to avoid the limitations of this section.''. (g) Increased Exclusion.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to 50-percent exclusion for gain from certain small business stock) is amended by striking ``50 percent'' and inserting ``100 percent''. (2) Conforming amendments.-- (A) Subparagraph (A) of section 1(h)(5) of such Code is amended to read as follows: ``(A) collectibles gain, over''. (B) Section 1(h) of such Code is amended by striking paragraph (8). (C) Paragraph (9) of section 1(h) of such Code is amended by striking ``, gain described in paragraph (7)(A)(i), and section 1202 gain'' and inserting ``and gain described in paragraph (7)(A)(i)''. (D) Section 1(h) of such Code is amended by redesignating paragraphs (9) (as amended by subparagraph (C)), (10), (11), and (12) as paragraphs (8), (9), (10), and (11), respectively. (E) The heading for section 1202 of such Code is amended by striking ``partial'' and inserting ``100- percent''. (F) The table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking ``Partial'' in the item relating to section 1202 and inserting ``100-percent''. (h) Exclusion Available to Corporations.-- (1) In general.--Subsection (a) of section 1202 of the Internal Revenue Code of 1986 (relating to partial exclusion for gains from certain small business stock) is amended by striking ``other than a corporation''. (2) Technical amendment.--Subsection (c) of section 1202 of such Code is amended by adding at the end the following new paragraph: ``(4) Stock held among members of controlled group not eligible.--Stock of a member of a parent-subsidiary controlled group (as defined in subsection (d)(3)) shall not be treated as qualified small business stock while held by another member of such group.''. (i) Stock of Larger Businesses Eligible for Exclusion.-- (1) In general.--Paragraph (1) of section 1202(d) of the Internal Revenue Code of 1986 (defining qualified small business) is amended by striking ``$50,000,000'' each place it appears and inserting ``$300,000,000''. (2) Inflation adjustment.--Section 1202(d) of such Code (defining qualified small business) is amended by adding at the end the following: ``(4) Inflation adjustment of asset limitation.--In the case of stock issued in any calendar year after 2002, the $300,000,000 amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2001' for `calendar year 1992' in subparagraph (B) thereof. If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.''. (j) Effective Date.--The amendments made by this section shall apply to stock issued after the date of the enactment of this Act. | Venture Capital Gains and Growth Act of 2001 - Amends the Internal Revenue Code to provide for a 100 percent (currently 50 percent) exclusion from gross income (a zero capital gains rate) for new long-term (three-year) investments in the stock of a small corporation (with $300 million or less in paid-in capital) acquired directly from the corporation. Repeals the minimum tax preference for such excluded capital gains. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Coast Guard Academy Nominations Act of 2016''. SEC. 2. NOMINATION AND APPOINTMENT OF COAST GUARD ACADEMY CADETS. (a) In General.--Chapter 9 of title 14, United States Code, is amended-- (1) in section 182-- (A) by striking the section heading and inserting the following: ``Sec. 182. Regulations governing cadets''; (B) in subsection (a)-- (i) by striking so much as precedes the second sentence; and (ii) by striking the last two sentences; and (C) by striking subsections (b) through (g); (2) by inserting after section 182 the following: ``Sec. 182a. Corps of Cadets authorized strength ``The authorized strength of the Corps of Cadets at the Coast Guard Academy-- ``(1) is 1,000, or a lower number prescribed by the Secretary, excluding foreign nationals admitted for instruction pursuant to section 182d; and ``(2) shall be determined for any academic program year as of the first day of such academic program year. ``Sec. 182b. Nominations ``(a) Each Senator, each Member of the House of Representatives, each of the delegates to the House of Representatives from the District of Columbia, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa, and the Resident Commissioner to the United States from Puerto Rico, may nominate to the Secretary each year for appointment as cadets in the Corps of Cadets at the Coast Guard Academy up to 10 individuals who are-- ``(1) citizens or nationals of the United States; and ``(2) residents of the jurisdiction the nominator represents in Congress. ``(b) A nominator under subsection (a) may submit such nominations-- ``(1) without ranking; or ``(2) with specification of-- ``(A) a principal nominee; and ``(B) up to 9 ranked or unranked alternates. ``(c) A nominee under this section who is not appointed under section 182c(a) shall, for purposes of section 182c(c), be considered an alternate referred to in section 182c(c)(1). ``Sec. 182c. Appointments ``(a) The Commandant shall appoint cadets to the Corps of Cadets at the Coast Guard Academy. ``(b) The Commandant may only appoint as cadets individuals who-- ``(1) are citizens or nationals of the United States; and ``(2)(A) are nominated pursuant to section 182b; ``(B) apply directly for admission; or ``(C) are enlisted members of the Coast Guard or the Coast Guard Reserve. ``(c) To the greatest extent practicable, when making appointments under subsection (a), the Commandant shall ensure the Corps of Cadets includes-- ``(1) not fewer than one cadet nominated by each Senator who nominated a cadet who was otherwise eligible for appointment and accepted an appointment; ``(2) not fewer than one cadet nominated by each Member of the House of Representatives who nominated a cadet who was otherwise eligible for appointment and accepted an appointment; and ``(3) not fewer than one cadet nominated by each of the Delegate to the House of Representatives from the District of Columbia, the Delegate in Congress from the United States Virgin Islands, the Resident Commissioner from Puerto Rico, the Delegate in Congress from Guam, the Delegate in Congress from American Samoa, or the Resident Representative from the Commonwealth of the Northern Mariana Islands who nominated a cadet who was otherwise eligible for appointment and accepted an appointment.''; (3) by redesignating section 195 as section 182d of such chapter, and transferring such section so as to appear after section 182c (as added by paragraph (1) of this subsection); and (4) by inserting after section 182d (as redesignated and transferred by paragraph (2) of this subsection) the following: ``Sec. 182e. Conduct ``(a) The Secretary may summarily dismiss from the Coast Guard any cadet at the Coast Guard Academy who, during his or her cadetship, is found unsatisfactory in either studies or conduct, or is considered by the Secretary to be not suitable for a career in the Coast Guard. ``(b) Cadets shall be subject to rules governing discipline and conduct that are prescribed by the Commandant. ``Sec. 182f. Agreement ``(a) As a condition for appointment as a cadet at the Coast Guard Academy, the Secretary shall require that each cadet shall sign an agreement with respect to the cadet's length of service in the Coast Guard. The agreement shall provide that the cadet agrees to the following: ``(1) The cadet will complete the course of instruction at the Academy. ``(2) Upon graduation from the Academy the cadet-- ``(A) will accept an appointment, if tendered, as a commissioned officer of the Coast Guard; and ``(B) will serve on active duty for at least five years immediately after such appointment. ``(3) If an appointment described in paragraph (2) is not tendered or if the cadet is permitted to resign as a regular officer before the completion of the commissioned service obligation of the cadet, the cadet-- ``(A) will accept an appointment as a commissioned officer in the Coast Guard Reserve; and ``(B) will remain in that reserve component until completion of the commissioned service obligation of the cadet. ``(b)(1) The Secretary may transfer to the Coast Guard Reserve, and may order to active duty for such period of time as the Secretary prescribes (but not to exceed four years), a cadet who breaches an agreement under subsection (a). The period of time for which a cadet is ordered to active duty under this paragraph may be determined without regard to section 651(a) of title 10. ``(2) A cadet who is transferred to the Coast Guard Reserve under paragraph (1) shall be transferred in an appropriate enlisted grade or rating, as determined by the Secretary. ``(3) For purposes of paragraph (1), a cadet shall be considered to have breached an agreement under subsection (a) if the cadet is separated from the Academy under circumstances that the Secretary determines constitute a breach by the cadet of the cadet's agreement to complete the course of instruction at the Academy and accept an appointment as a commissioned officer upon graduation from the Academy. ``(c) The Secretary shall prescribe regulations to carry out this section. The regulations shall include-- ``(1) standards for determining what constitutes, for the purpose of subsection (b), a breach of an agreement under subsection (a); ``(2) procedures for determining whether such a breach has occurred; and ``(3) standards for determining the period of time for which a person may be ordered to serve on active duty under subsection (b). ``(d) In this section, the term `commissioned service obligation', with respect to an officer who is a graduate of the Academy, means the period beginning on the date of the officer's appointment as a commissioned officer and ending on the sixth anniversary of such appointment or, at the discretion of the Secretary, any later date up to the eighth anniversary of such appointment. ``(e)(1) This section does not apply to a foreign national receiving instruction at the Academy under section 182d. ``(2) In the case of a cadet who is a minor and who has parents or a guardian, the cadet may sign the agreement required by subsection (a) only with the consent of the parent or guardian. ``(f) For purposes of section 303a(e) of title 37, failure by a cadet or former cadet to fulfill the terms of the obligation to serve as specified under subsection (a), or an alternative obligation imposed under subsection (b), shall be treated as failure to fulfill an eligibility requirement.''. (b) Clerical Amendment.--The analysis at the beginning of such chapter is amended-- (1) by striking the item relating to section 182 and inserting the following: ``182. Regulations governing cadets. ``182a. Corps of Cadets authorized strength. ``182b. Nominations. ``182c. Appointments. ``182d. Admission of foreign nationals for instruction; restrictions; conditions. ``182e. Conduct. ``182f. Agreement.''; and (2) by striking the item relating to section 195. (c) Transition.-- (1) In general.--Sections 182b and 182c of title 14, United States Code, as amended by this section, shall apply only with respect to individuals who will begin at the Coast Guard Academy in academic program year 2017 or any such year thereafter, except that-- (A) for academic program year 2017, no less than 18 percent of the individuals appointed to begin at the Academy in such year shall be appointed from individuals nominated in accordance with section 182b of such title; (B) for academic program year 2018, no less than 36 percent of the individuals appointed to begin at the Academy in such year shall be appointed from individuals nominated in accordance with such section; and (C) for academic program year 2019, no less than 54 percent of the individuals appointed to begin at the Academy in such year shall be appointed from individuals nominated in accordance with such section. (2) Additional actions.--The Secretary of the department in which the Coast Guard is operating may take any additional action the Secretary considers necessary and appropriate to provide for the transition to the nomination, selection, and appointment process provided under the amendments made by this section. | Coast Guard Academy Nominations Act of 2016 This bill amends the laws that govern the U.S. Coast Guard Academy Corps of Cadets. The bill specifies the maximum number of cadets that can be enrolled in the academy in an academic program year. Additionally, the bill describes how individuals may be nominated for appointment in the Corps of Cadets and sets forth guidelines that the Coast Guard must follow when appointing cadets. The bill also sets forth the conditions that cadets must agree with prior to enrollment in the academy, including an obligation to serve in the Coast Guard upon graduation from the academy. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Holocaust Expropriated Art Recovery Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) It is estimated that the Nazis confiscated or otherwise misappropriated hundreds of thousands of works of art and other property throughout Europe as part of their genocidal campaign against the Jewish people and other persecuted groups. This has been described as the ``greatest displacement of art in human history''. (2) Following World War II, the United States and its allies attempted to return the stolen artworks to their countries of origin. Despite these efforts, many works of art were never reunited with their owners. Some of the art has since been discovered in the United States. (3) In 1998, the United States convened a conference with 43 other nations in Washington, DC, known as the Washington Conference, which produced Principles on Nazi-Confiscated Art. One of these principles is that ``steps should be taken expeditiously to achieve a just and fair solution'' to claims involving such art that has not been restituted if the owners or their heirs can be identified. (4) The same year, Congress enacted the Holocaust Victims Redress Act (Public Law 105-158, 112 Stat. 15), which expressed the sense of Congress that ``all governments should undertake good faith efforts to facilitate the return of private and public property, such as works of art, to the rightful owners in cases where assets were confiscated from the claimant during the period of Nazi rule and there is reasonable proof that the claimant is the rightful owner.''. (5) In 2009, the United States participated in a Holocaust Era Assets Conference in Prague, Czech Republic, with 45 other nations. At the conclusion of this conference, the participating nations issued the Terezin Declaration, which reaffirmed the 1998 Washington Conference Principles on Nazi-Confiscated Art and urged all participants ``to ensure that their legal systems or alternative processes, while taking into account the different legal traditions, facilitate just and fair solutions with regard to Nazi-confiscated and looted art, and to make certain that claims to recover such art are resolved expeditiously and based on the facts and merits of the claims and all the relevant documents submitted by all parties.''. The Declaration also urged participants to ``consider all relevant issues when applying various legal provisions that may impede the restitution of art and cultural property, in order to achieve just and fair solutions, as well as alternative dispute resolution, where appropriate under law.''. (6) Victims of Nazi persecution and their heirs have taken legal action in the United States to recover Nazi-confiscated art. These lawsuits face significant procedural obstacles partly due to State statutes of limitations, which typically bar claims within some limited number of years from either the date of the loss or the date that the claim should have been discovered. In some cases, this means that the claims expired before World War II even ended. (See, e.g., Detroit Institute of Arts v. Ullin, No. 06-10333, 2007 WL 1016996 (E.D. Mich. Mar. 31, 2007).) The unique and horrific circumstances of World War II and the Holocaust make statutes of limitations especially burdensome to the victims and their heirs. Those seeking recovery of Nazi-confiscated art must painstakingly piece together their cases from a fragmentary historical record ravaged by persecution, war, and genocide. This costly process often cannot be done within the time constraints imposed by existing law. (7) Federal legislation is needed because the only court that has considered the question held that the Constitution prohibits States from making exceptions to their statutes of limitations to accommodate claims involving the recovery of Nazi-confiscated art. In Von Saher v. Norton Simon Museum of Art, 592 F.3d 954 (9th Cir. 2009), the United States Court of Appeals for the Ninth Circuit invalidated a California law that extended the State statute of limitations for claims seeking recovery of Holocaust-era artwork. The Court held that the law was an unconstitutional infringement of the Federal Government's exclusive authority over foreign affairs, which includes the resolution of war-related disputes. In light of this precedent, the enactment of a Federal law is necessary to ensure that claims to Nazi-confiscated art are adjudicated in accordance with United States policy as expressed in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration. (8) While litigation may be used to resolve claims to recover Nazi-confiscated art, it is the sense of Congress that the private resolution of claims by parties involved, on the merits and through the use of alternative dispute resolution such as mediation panels established for this purpose with the aid of experts in provenance research and history, will yield just and fair resolutions in a more efficient and predictable manner. SEC. 3. PURPOSES. The purposes of this Act are the following: (1) To ensure that laws governing claims to Nazi-confiscated art and other property further United States policy as set forth in the Washington Conference Principles on Nazi-Confiscated Art, the Holocaust Victims Redress Act, and the Terezin Declaration. (2) To ensure that claims to artwork and other property stolen or misappropriated by the Nazis are not unfairly barred by statutes of limitations but are resolved in a just and fair manner. SEC. 4. DEFINITIONS. In this Act: (1) Actual discovery.--The term ``actual discovery'' means knowledge. (2) Artwork or other property.--The term ``artwork or other property'' means-- (A) pictures, paintings, and drawings; (B) statuary art and sculpture; (C) engravings, prints, lithographs, and works of graphic art; (D) applied art and original artistic assemblages and montages; (E) books, archives, musical objects and manuscripts (including musical manuscripts and sheets), and sound, photographic, and cinematographic archives and mediums; and (F) sacred and ceremonial objects and Judaica. (3) Covered period.--The term ``covered period'' means the period beginning on January 1, 1933, and ending on December 31, 1945. (4) Knowledge.--The term ``knowledge'' means having actual knowledge of a fact or circumstance or sufficient information with regard to a relevant fact or circumstance to amount to actual knowledge thereof. (5) Nazi persecution.--The term ``Nazi persecution'' means any persecution of a specific group of individuals based on Nazi ideology by the Government of Germany, its allies or agents, members of the Nazi Party, or their agents or associates, during the covered period. SEC. 5. STATUTE OF LIMITATIONS. (a) In General.--Notwithstanding any other provision of Federal or State law or any defense at law relating to the passage of time, and except as otherwise provided in this section, a civil claim or cause of action against a defendant to recover any artwork or other property that was lost during the covered period because of Nazi persecution may be commenced not later than 6 years after the actual discovery by the claimant or the agent of the claimant of-- (1) the identity and location of the artwork or other property; and (2) a possessory interest of the claimant in the artwork or other property. (b) Possible Misidentification.--For purposes of subsection (a)(1), in a case in which the artwork or other property is one of a group of substantially similar multiple artworks or other property, actual discovery of the identity and location of the artwork or other property shall be deemed to occur on the date on which there are facts sufficient to form a substantial basis to believe that the artwork or other property is the artwork or other property that was lost. (c) Preexisting Claims.--Except as provided in subsection (e), a civil claim or cause of action described in subsection (a) shall be deemed to have been actually discovered on the date of enactment of this Act if-- (1) before the date of enactment of this Act-- (A) a claimant had knowledge of the elements set forth in subsection (a); and (B) the civil claim or cause of action was barred by a Federal or State statute of limitations; or (2)(A) before the date of enactment of this Act, a claimant had knowledge of the elements set forth in subsection (a); and (B) on the date of enactment of this Act, the civil claim or cause of action was not barred by a Federal or State statute of limitations. (d) Applicability.--Subsection (a) shall apply to any civil claim or cause of action that is-- (1) pending in any court on the date of enactment of this Act, including any civil claim or cause of action that is pending on appeal or for which the time to file an appeal has not expired; or (2) filed during the period beginning on the date of enactment of this Act and ending on December 31, 2026. (e) Exception.--Subsection (a) shall not apply to any civil claim or cause of action barred on the day before the date of enactment of this Act by a Federal or State statute of limitations if-- (1) the claimant or a predecessor-in-interest of the claimant had knowledge of the elements set forth in subsection (a) on or after January 1, 1999; and (2) not less than 6 years have passed from the date such claimant or predecessor-in-interest acquired such knowledge and during which time the civil claim or cause of action was not barred by a Federal or State statute of limitations. (f) Rule of Construction.--Nothing in this Act shall be construed to create a civil claim or cause of action under Federal or State law. (g) Sunset.--This Act shall cease to have effect on January 1, 2027, except that this Act shall continue to apply to any civil claim or cause of action described in subsection (a) that is pending on January 1, 2027. Any civil claim or cause of action commenced on or after that date to recover artwork or other property described in this Act shall be subject to any applicable Federal or State statute of limitations or any other Federal or State defense at law relating to the passage of time. Speaker of the House of Representatives. Vice President of the United States and President of the Senate. | . The expanded summary of the House passed version is repeated here.) Holocaust Expropriated Art Recovery Act of 2016 (Sec. 5) This bill allows civil claims or causes of action for the recovery of artwork or certain other property lost between January 1, 1933, and December 31, 1945, because of Nazi persecution to be commenced within six years after the claimant's actual discovery of: (1) the identity and location of the artwork or other property, and (2) a possessory interest in the artwork or property. Such statutory limitation period of six years after actual discovery preempts any other statutes of limitation or defenses relating to the passage of time. Preexisting claims known by a claimant before enactment of this bill shall be considered discovered on the date of this bill's enactment if they were barred before, or not barred on, the date of enactment. This bill applies to claims or actions that are: (1) pending on the date of this bill's enactment, including an action for which the time to file an appeal has not expired; or (2) filed after enactment but before 2027. But the bill does not apply to claims barred on the day before enactment of this bill if: (1) the claimant had knowledge on or after January 1, 1999, and (2) six years have passed from the date such claimant acquired such knowledge and during which time the claim was not barred by a statute of limitations. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Human Rights Commission Act of 2007''. SEC. 2. ESTABLISHMENT OF HUMAN RIGHTS COMMISSION. There is established a commission to be known as the ``Human Rights Commission'' (in this Act referred to as the ``Commission''). SEC. 3. DUTY OF HUMAN RIGHTS COMMISSION. The Commission shall monitor the compliance by the United States with all international human rights treaties to which the United States is a party (including all such treaties to which the United States becomes a party at any time after the date of the enactment of this Act), including the following: (1) The Convention to Suppress the Slave Trade and Slavery (September 25, 1926, as amended by the Protocol of December 7, 1953). (2) The Convention on the Prevention and Punishment of the Crime of Genocide (December 9, 1948). (3) The Convention relative to the Treatment of Prisoners of War (August 12, 1949). (4) The Convention relative to the Protection of Civilian Persons in Time of War (August 12, 1949). (5) The Convention on the Political Rights of Women (December 20, 1952). (6) The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (September 7, 1956). (7) The Abolition of Forced Labour Convention of June 25, 1957 (ILO Convention 105). (8) The International Convention on the Elimination of All Forms of Racial Discrimination (December 21, 1965). (9) The International Covenant on Civil and Political Rights (December 16, 1966). (10) The Protocol Relating to the Status of Refugees (January 31, 1967). (11) The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (December 10, 1984). (12) The Worst Forms of Child Labour Convention (June 17, 1999) (ILO Convention 182). (13) The Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery (September 7, 1956). (14) The Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflicts (May 25, 2000). (15) The Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (May 25, 2000). (16) The Convention for the Amelioration of the Condition of the Wounded and Sick in the Armed Forces in the Field (August 12, 1949). (17) The Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (August 12, 1949). (18) The Inter-American Convention on the Granting of Political Rights to Women (May 2, 1948). (19) The Inter-American Convention on the Nationality of Women (December 26, 1933). SEC. 4. COMMISSION MEMBERSHIP. (a) Selection and Appointment of Members.--The Commission shall be composed of 18 members, as follows: (1) Nine Members of the House of Representatives appointed by the Speaker of the House of Representatives. Five Members shall be selected from the majority party and four Members shall be selected, after consultation with the minority leader of the House of Representatives, from the minority party. The nine Members shall include the Chairman and Ranking Minority Member of the Subcommittee on International Organizations, Human Rights, and Oversight of the Committee on Foreign Affairs and the Chairman and Ranking Minority Member of the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law of the Committee on the Judiciary. (2) Nine Members of the Senate appointed by the President of the Senate. Five Members shall be selected from the majority party of the Senate, after consultation with the majority leader, and four Members shall be selected, after consultation with the minority leader of the Senate, from the minority party. The nine Members shall include the Chairman and Ranking Minority Member of the Subcommittee on International Operations and Organizations, Democracy and Human Rights of the Committee on Foreign Relations and the Chairman and Ranking Minority Member of the Subcommittee on Human Rights and the Law of the Committee on the Judiciary. (b) Commission Chairman and Co-Chairman.-- (1) In general.--The Commission shall have a Chairman and a Co-Chairman. (2) Designation of chairman.-- (A) House of representatives.--Not later than 30 days after the convening of each even-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members who is a member of the Commission as Chairman of the Commission. (B) Senate.--Not later than 30 days after the convening of each odd-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members who is a member of the Commission as Chairman of the Commission. (3) Designation of co-chairman.-- (A) House of representatives.--Not later than 30 days after the convening of each odd-numbered Congress, the Speaker of the House of Representatives shall designate one of the House Members who is a member of the Commission as Co-Chairman of the Commission. (B) Senate.--Not later than 30 days after the convening of each even-numbered Congress, the President of the Senate, on the recommendation of the majority leader, shall designate one of the Senate Members who is a member of the Commission as Co-Chairman of the Commission. (4) Term of office.--The term of office of a Chairman and Co-Chairman shall terminate on the date that a Congress adjourns sine die. SEC. 5. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF SUBPOENAS; ADMINISTRATION OF OATHS. In carrying out its duty under section 3, the Commission may require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such evidence, including books, records, correspondence, memorandums, papers, and documents, as it determines necessary. Subpoenas may be issued only pursuant to a two- thirds vote of the members of the Commission who are present and voting. Upon such a vote, subpoenas may be issued by the Chairman of the Commission or by any member designated by the Chairman, and may be served by any person designated by the Chairman or such member. The Chairman of the Commission, or any member designated by the Chairman, may administer oaths to any witnesses. SEC. 6. REPORT BY SECRETARY OF STATE TO COMMISSION. (a) Annual Report.--In order to assist the Commission in carrying out its duty under section 3, the Secretary of State shall annually submit to the Commission a report that explains how the United States has complied with its international human rights treaty obligations over the preceding calendar year. (b) Contents of Report.--The report required under subsection (a) shall include a discussion of any concerns raised regarding the United States in international organizations charged with monitoring compliance with international human rights treaties. (c) Time for Submission of Report.--The Secretary shall submit the report not later than March 31 of each year. (d) Public Dissemination.--The Secretary shall ensure that each annual report, excluding any classified annexes, is posted on the website of the Department of State not later than April 1 of each year. SEC. 7. REPORTS BY COMMISSION TO CONGRESS. (a) In General.--Not later than January 31 of each year, the Commission shall submit to the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives and Committee on Foreign Relations and the Committee on the Judiciary of the Senate a report regarding the compliance by the United States of its obligations under international human rights treaties. (b) Request for Additional Information.--The Commission shall, upon request by any Member of the House of Representatives or any Member of the Senate, provide such Member with any additional information so requested pertaining to the compliance by the United States of its obligations under international human rights treaties. (c) Expenditure of Appropriations.--Not later than January 15 of each fiscal year for which an appropriation is made to the Commission to carry out its duty under section 3, the Commission shall submit to Congress a report on its expenditures under such appropriation. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Commission for each fiscal year such sums as may be necessary to enable it to carry out its duty under section 3. (b) Availability.--Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended. (c) Disbursement.--Amounts appropriated to the Commission shall be disbursed on vouchers approved-- (1) jointly by the Chairman and the Co-Chairman; or (2) by a majority of the members of the personnel and administration committee established under section 9. SEC. 9. COMMISSION STAFF. (a) Staff Director; Senior Staff Person.--The Chairman shall be entitled to appoint and fix the pay of a staff director, and the Co- Chairman shall be entitled to appoint and fix the pay of the senior staff person of the Co-Chairman. (b) Professional Staff Members.--The Chairman and Co-Chairman each shall have the authority to appoint and fix the pay of at least four professional staff members who shall be responsible to the Chairman or the Co-Chairman, as the case may be, who appointed them. Such authority may be delegated to the staff director or senior staff person, as the case may be. (c) Staff Appointments.--All staff appointments shall be made without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that the rate of pay may not exceed the maximum rate of pay for GS-15 under the General Schedule. (d) Commission Employees as Congressional Employees.--For purposes of pay and other employment benefits, rights, and privileges, and for all other purposes, any employee of the Commission shall be considered to be a congressional employee as defined in section 2107 of title 5, United States Code. (e) Qualifications of Professional Staff.--The personnel and administration committee shall ensure that the professional staff of the Commission consists of persons with expertise in civil rights, prisoner rights, labor rights, law, international law, and human rights. SEC. 10. PRINTING AND BINDING COSTS. For purposes of costs relating to printing and binding, including the costs of personnel detailed from the Government Printing Office, the Commission shall be deemed to be a committee of Congress. | Human Rights Commission Act of 2007 [sic] - Establishes the Human Rights Commission which shall monitor U.S. compliance with all international human rights treaties to which the United States is a party (including treaties to which the United States becomes a party after the date of the enactment of this Act). |
SECTION 1. SHORT TITLE. This Act may be cited as the ``School Milk Nutrition Act of 2015''. SEC. 2. FINDINGS. Congress finds the following: (1) The Dietary Guidelines for Americans recommend that most school-age children and adolescents consume three servings of milk or other dairy foods daily, with two-and-a-half servings recommended for students younger than nine years. (2) Most Americans, including most children and adolescents, consume on average only about half of the recommended amounts of dairy foods daily. (3) Milk is a source of many nutrients essential to health, and is the leading source of nine essential nutrients in the diets of children and adolescents, including three nutrients of public health concern: vitamin D, calcium, and potassium. (4) Every eight ounces of low-fat and skim milk provides eight grams of protein. (5) Dairy foods are associated with improved bone health, a lower risk of type 2 diabetes, a beneficial or neutral effect on blood pressure, and may help reduce the risk of cardiovascular disease, coronary heart disease, and stroke. (6) Throughout the history of school-based Federal meal programs, milk has been offered with each meal. (7) Declines in average daily participation in the National School Lunch Program may result in fewer students consuming milk during the school day. (8) Declines in milk consumption in schools may exceed what would be expected from declines in average daily participation in the National School Lunch Program alone. (9) It is in the public interest to promote the health of the Nation's school-age population by encouraging and promoting consumption of milk in schools. SEC. 3. FLUID MILK. Section 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking subparagraphs (A) and (B) and inserting the following: ``(A) In general.--Lunches served by schools participating in the school lunch program under this Act-- ``(i) shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341); ``(ii) may offer students flavored and unflavored fluid milk (including low-fat flavored milk that contains no more than 150 calories per 8-ounce serving) and lactose-free fluid milk; and ``(iii) shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student's diet and that specifies the substitute for fluid milk. ``(B) Substitutes.-- ``(i) Standards for substitution.--A school may substitute for the fluid milk provided under subparagraph (A) a nondairy beverage that is nutritionally equivalent to low-fat fluid milk and meets nutritional standards established by the Secretary (which shall, among other requirements to be determined by the Secretary, include fortification of calcium, protein, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12) for students who cannot consume fluid milk because of a medical or other special dietary need other than a disability described in subparagraph (A)(iii). ``(ii) Notice.--The substitutions may be made if the school notifies the State agency that the school is implementing a variation allowed under this subparagraph, and if the substitution is requested by written statement of a medical authority or by a student's parent or legal guardian that identifies the medical or other special dietary need that restricts the student's diet, except that the school shall not be required to provide beverages other than beverages the school has identified as acceptable substitutes. ``(iii) Excess expenses borne by school food authority.--Expenses incurred in providing substitutions under this subparagraph that are in excess of expenses covered by reimbursements under this Act shall be paid by the school food authority.''. SEC. 4. FLUID MILK AND COMPETING BEVERAGES. Section 10(b)(1)(C) of the Child Nutrition Act of 1966 (42 U.S.C. 1779(b)(1)(C)) is amended-- (1) in clause (i), by striking ``and'' at the end; (2) in clause (ii), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(iii) provide that containers of all beverages sold in schools have the same maximum volume.''. SEC. 5. EVALUATION OF SCHOOL MILK TRENDS. (a) Study.--The Secretary of Agriculture (hereafter referred to in this Act as ``the Secretary'') shall carry out a study of recent trends in fluid milk consumption in schools, which shall include-- (1) consideration of factors that may adversely affect consumption, including student preferences for types of milk, changes in average daily participation in meal programs, the types of milk offered, conditions within the school affecting consumption of milk, and other factors determined to be relevant by the Secretary; (2) assessment of each Federal program under which milk is offered in schools; (3) review of scientific studies pertinent to school milk consumption; and (4) consultation with school food service professionals, nutritionists, and other scientific experts, proprietary and cooperative fluid milk processors, and national and State research and promotion programs for fluid milk and dairy products. (b) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that shall-- (1) include the results of the study required under subsection (a); (2) include recommendations, if any, for actions by the Department of Agriculture, the States, schools, and the private and non-profit sectors to increase milk consumption in schools; and (3) take into account the work of school-based nutrition education programs that have been shown to increase average daily participation in the National School Lunch Program, including the Fuel Up to Play 60 program sponsored by the National Dairy Council and the National Football League. SEC. 6. FLUID MILK PROMOTION. (a) Pilot Program.--Beginning not later than one year after the date of the enactment of this Act the Secretary, acting through the Commodity Credit Corporation, shall carry out a pilot program to test and demonstrate effective, affordable, and sustainable strategies by which schools can increase the consumption of fluid milk. (b) Program Elements.--The pilot program shall-- (1) provide grants, as determined by the Secretary, that compensate schools participating in the pilot program for any increased costs resulting from such participation; (2) assess the effectiveness of offering milk in a variety of school venues, which may include breakfast in the classroom, enhanced products for a la carte sales, offering products in athletic facilities, and other venues as determined by the Secretary; and (3) assess the effectiveness of improved refrigeration, more attractive packaging and merchandising, and additional flavors. (c) Termination.--The pilot program shall terminate 4 years after the date of the enactment of this Act. (d) Report.--Not later than 5 years after the date of the enactment of this Act, the Secretary shall submit a written report to Congress summarizing the findings and results of the pilot program. SEC. 7. LACTOSE-FREE MILK. The Secretary shall, to the extent practicable, make available to schools lactose-free milk with an extended shelf life in 8-ounce containers under section 14 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1762a). SEC. 8. MILK CHOICE FOR WOMEN, INFANTS, AND CHILDREN. Notwithstanding any other provision of law, the Secretary shall allow women participating in the Special Supplemental Nutrition Program for Women, Infants, and Children under section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) to receive reduced fat (2 percent) milk for themselves and their children 24-months old and older in accordance with the amounts prescribed for fluid milk under section 246.10(e)(10) of title 7, Code of Federal Regulations, after presentation of a written request to the Secretary by such participant. | School Milk Nutrition Act of 2015 This bill revises the requirements for milk provided by the National School Lunch Program (NSLP) and other Department of Agriculture (USDA) programs. The bill amends the Richard B. Russell National School Lunch Act to permit schools participating in the NSLP to offer students low-fat flavored milk containing no more than 150 calories per 8-ounce serving. For students who cannot consume fluid milk because of a medical or other dietary need, schools may offer a nondairy beverage that is nutritionally equivalent to low-fat milk and meets USDA nutritional standards, including fortification of calcium, protein, vitamin A, vitamin D, magnesium, phosphorus, potassium, riboflavin, and vitamin B-12. (Under current law, the substitute is only required to include fortification of calcium, protein, vitamin A, and vitamin D to levels found in cow's milk.) In establishing national school nutritional standards, USDA must provide that containers of all beverages sold in schools have the same maximum volume. USDA must also: (1) study and report to Congress on recent trends in fluid milk consumption in schools; (2) carry out a pilot program to test and demonstrate strategies by which schools can increase the consumption of fluid milk; (3) make lactose-free milk with an extended shelf life available to schools; and (4) allow women participating in the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to receive reduced fat milk for themselves and their children upon request. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Safe School Lunch Act of 2008''. SEC. 2. MANDATORY RECALL AUTHORITY. (a) Meat and Meat Food Products.--Section 401 of the Federal Meat Inspection Act (21 U.S.C. 671) is amended-- (1) by striking ``sec. 401. The Secretary may'' and inserting the following: ``SEC. 401. INSPECTION SERVICES. ``(a) In General.--The Secretary may''; and (2) by adding at the end the following: ``(b) Mandatory Recall Authority.-- ``(1) Order to cease distribution.-- ``(A) In general.--If the Secretary finds that certain meat or meat food products may cause a serious, adverse health consequence or may be adulterated, the Secretary shall issue an order requiring the appropriate person (including a meat broker, packer, manufacturer, distributor, or retailer of the meat or meat food product) to immediately cease distribution of the meat or meat food product. ``(B) Informal hearing.-- ``(i) In general.--An order under subparagraph (A) 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 meat or meat food product involved. ``(ii) Inadequate grounds.--If, after providing an opportunity for a hearing under clause (i), the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(2) Order to recall.-- ``(A) In general.--Except as provided in subparagraph (B), if, after providing an opportunity for an informal hearing under paragraph (1)(B)(i), the Secretary determines that the order should be amended to include a recall of the meat or meat food product with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Prohibition.--An amended order under subparagraph (A) shall not include a recall of meat or meat food products from individual consumers. ``(C) Timetable.--The Secretary shall-- ``(i) specify a timetable during which the meat or meat food product recall will occur; and ``(ii) require periodic reports to the Secretary describing the progress of the recall.''. (b) Poultry and Poultry Products.--Section 18 of the Poultry Products Inspection Act (21 U.S.C. 467) is amended-- (1) by striking ``sec. 18. (a) The Secretary may'' and inserting the following: ``SEC. 18. INSPECTION SERVICES. ``(a) In General.--The Secretary may''; (2) by striking ``(b) Upon the withdrawal'' and inserting the following: ``(c) Effect of Withdrawal of Inspection Service.--Upon the withdrawal''; (3) by striking ``(c) The determination'' and inserting the following: ``(d) Judicial Review.--''; and (4) by inserting after subsection (a) (as designated by paragraph (1)) the following: ``(b) Mandatory Recall Authority.-- ``(1) Order to cease distribution.-- ``(A) In general.--If the Secretary finds that certain poultry or poultry products may cause a serious, adverse health consequence or may be adulterated, the Secretary shall issue an order requiring the appropriate person (including a poultry broker, packer, manufacturer, distributor, or retailer of the poultry or poultry product) to immediately cease distribution of the poultry or poultry product. ``(B) Informal hearing.-- ``(i) In general.--An order under subparagraph (A) 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 poultry or poultry product involved. ``(ii) Inadequate grounds.--If, after providing an opportunity for a hearing under clause (i), the Secretary determines that inadequate grounds exist to support the actions required by the order, the Secretary shall vacate the order. ``(2) Order to recall.-- ``(A) In general.--Except as provided in subparagraph (B), if, after providing an opportunity for an informal hearing under paragraph (1)(B)(i), the Secretary determines that the order should be amended to include a recall of the poultry or poultry product with respect to which the order was issued, the Secretary shall amend the order to require a recall. ``(B) Prohibition.--An amended order under subparagraph (A) shall not include a recall of poultry or poultry products from individual consumers. ``(C) Timetable.--The Secretary shall-- ``(i) specify a timetable during which the poultry or poultry product recall will occur; and ``(ii) require periodic reports to the Secretary describing the progress of the recall.''. SEC. 3. RELATIONSHIP TO SCHOOL LUNCH PROGRAM. (a) In General.--The Secretary of Agriculture (referred to in this Act as the ``Secretary'') shall-- (1) establish a program to provide schools that participate in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established by section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) with training relating to-- (A) how to stay informed about meat and meat food products subject to a recall under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and poultry or poultry products subject to a recall under the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), including any new recall procedures; (B) how to dispose of meat and meat food products or poultry and poultry products subject to a recall under those Acts; and (C) how to properly inform parents in a timely manner of a recall under those Acts; and (2) make information and training materials accessible to the schools through the information clearinghouse established under subsection (b). (b) Information Clearinghouse.--The Secretary shall ensure that the information provided on the website of the Department of Agriculture relating to meat, meat food products, poultry, and poultry products subject to inspection by the Secretary, including information about recalls under the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) and the Poultry Products Inspection Act (21 U.S.C. 451 et seq.), is-- (1) up-to-date; and (2) written in a clear manner that is accessible by school employees and parents. (c) Regulations.--Not later than 180 days after the date of enactment of this Act, the Secretary shall promulgate regulations to ensure that the Secretary is able to trace all meat, meat food products, poultry, and poultry products inspected by the Secretary at all times from the slaughter premises to final distribution to schools described in subsection (a)(1). SEC. 4. FOOD PROTECTION REVIEW, EVALUATION, AND REPORT. (a) In General.--The Secretary shall conduct a review and evaluation of the meat, meat food product, poultry, and poultry product inspection and recall procedures of the Department of Agriculture. (b) Requirements.--The review and evaluation required under subsection (a) shall-- (1) focus on achieving optimal consumer safety and protecting the food supply; and (2) include-- (A) a review of the risks to consumer safety at all times from the initial production of a meat, meat food product, poultry, or poultry product until consumption of the meat, meat food product, poultry, or poultry product; and (B) an evaluation of methods to-- (i) target resources to achieve maximum risk reduction; (ii) address both unintentional and deliberate contamination; and (iii) use science and modern technology systems to improve protection of the food supply. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the review and evaluation conducted under subsection (a). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act. | Safe School Lunch Act of 2008 - Amends the Federal Meat Inspection Act and the Poultry Products Inspection Act to direct the Secretary of Agriculture to order an immediate halt to the distribution of meat, meat food products, poultry, or poultry products upon finding that they may cause a serious, adverse health consequence or be adulterated. Gives persons subject to such an order the opportunity for an informal hearing, within 10 days after the order's issuance, on the actions required by the order and on whether it should be amended to require a recall of the targeted items. Requires the Secretary to order the recall of such items upon affirming that the order should include a recall. Directs the Secretary to: (1) establish a program providing schools that participate in the school lunch or breakfast programs with training regarding the recall of meat, meat food products, poultry, and poultry products; (2) ensure that information on the Department of Agriculture's website concerning the inspection and recall of such items is current, clear, and accessible by school employees and parents; (3) promulgate regulations ensuring that all of such items inspected by the Secretary can be traced from slaughter to final distribution to schools participating in the school lunch or breakfast programs; and (4) review and evaluate the Department's inspection and recall procedures for such items. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Circuit Court of Appeals Restructuring and Modernization Act''. SEC. 2. DEFINITIONS. In this Act: (1) Former ninth circuit.--The term ``former ninth circuit'' means the ninth judicial circuit of the United States as in existence on the day before the effective date of this Act. (2) New ninth circuit.--The term ``new ninth circuit'' means the ninth judicial circuit of the United States established by the amendment made by section 3(2)(A). (3) Twelfth circuit.--The term ``twelfth circuit'' means the twelfth judicial circuit of the United States established by the amendment made by section 3(2)(B). SEC. 3. NUMBER AND COMPOSITION OF CIRCUITS. Section 41 of title 28, United States Code, is amended-- (1) in the matter preceding the table, by striking ``thirteen'' and inserting ``fourteen''; and (2) in the table-- (A) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ California, Guam, Hawaii, Northern Mariana Islands.''; and (B) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Alaska, Arizona, Idaho, Montana, Nevada, Oregon, Washington.''. SEC. 4. JUDGESHIPS. (a) New Judgeships.--The President shall appoint, by and with the advice and consent of the Senate, 5 additional circuit judges for the new ninth circuit court of appeals, whose official duty station shall be in California. (b) Temporary Judgeships.-- (1) Appointment of judges.--The President shall appoint, by and with the advice and consent of the Senate, 2 additional circuit judges for the former ninth circuit court of appeals, whose official duty station shall be in California. (2) Effect of vacancies.--The first 2 vacancies occurring on the new ninth circuit court of appeals 10 years or more after judges are first confirmed to fill both temporary circuit judgeships created by this subsection shall not be filled. (c) Effective Date.--This section shall take effect on the date of enactment of this Act. SEC. 5. NUMBER OF CIRCUIT JUDGES. The table in section 44(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth .................................................... 20''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth .................................................. 14''. SEC. 6. PLACES OF CIRCUIT COURT. The table in section 48(a) of title 28, United States Code, is amended-- (1) by striking the item relating to the ninth circuit and inserting the following: ``Ninth........................ Honolulu, Pasadena, San Francisco.''; and (2) by inserting after the item relating to the eleventh circuit the following: ``Twelfth...................... Las Vegas, Phoenix, Portland, Seattle.''. SEC. 7. LOCATION OF TWELFTH CIRCUIT HEADQUARTERS. The offices of the Circuit Executive of the Twelfth Circuit and the Clerk of the Court of the Twelfth Circuit shall be located in Phoenix, Arizona. SEC. 8. ASSIGNMENT OF CIRCUIT JUDGES. Each circuit judge of the former ninth circuit who is in regular active service and whose official duty station on the day before the effective date of this Act-- (1) is in California, Guam, Hawaii, or the Northern Mariana Islands shall be a circuit judge of the new ninth circuit as of that effective date; and (2) is in Alaska, Arizona, Idaho, Montana, Nevada, Oregon, or Washington shall be a circuit judge of the twelfth circuit as of that effective date. SEC. 9. ELECTION OF ASSIGNMENT BY SENIOR JUDGES. Each judge who is a senior circuit judge of the former ninth circuit on the day before the effective date of this Act-- (1) may elect to be assigned to the new ninth circuit or the twelfth circuit as of that effective date; and (2) shall notify the Director of the Administrative Office of the United States Courts of the election made under paragraph (1). SEC. 10. SENIORITY OF JUDGES. The seniority of each judge who is assigned under section 8 or elects to be assigned under section 9 shall run from the date of commission of the judge as a judge of the former ninth circuit. SEC. 11. APPLICATION TO CASES. The following apply to any case in which, on the day before the effective date of this Act, an appeal or other proceeding has been filed with the former ninth circuit: (1) Except as provided in paragraph (3), if the matter has been submitted for decision, further proceedings with respect to the matter shall be had in the same manner and with the same effect as if this Act had not been enacted. (2) If the matter has not been submitted for decision, the appeal or proceeding, together with the original papers, printed records, and record entries duly certified, shall, by appropriate orders, be transferred to the court to which the matter would have been submitted had this Act been in full force and effect on the date on which the appeal was taken or other proceeding commenced, and further proceedings with respect to the case shall be had in the same manner and with the same effect as if the appeal or other proceeding had been filed in that court. (3) If a petition for rehearing en banc is pending on or after the effective date of this Act, the petition shall be considered by the court of appeals to which the petition would have been submitted had this Act been in full force and effect on the date on which the appeal or other proceeding was filed with the court of appeals. SEC. 12. TEMPORARY ASSIGNMENT OF CIRCUIT JUDGES AMONG CIRCUITS. Section 291 of title 28, United States Code, is amended by adding at the end the following: ``(c) The chief judge of the Ninth Circuit may, in the public interest and upon request by the chief judge of the Twelfth Circuit, designate and assign temporarily any circuit judge of the Ninth Circuit to act as circuit judge in the Twelfth Circuit. ``(d) The chief judge of the Twelfth Circuit may, in the public interest and upon request by the chief judge of the Ninth Circuit, designate and assign temporarily any circuit judge of the Twelfth Circuit to act as circuit judge in the Ninth Circuit.''. SEC. 13. TEMPORARY ASSIGNMENT OF DISTRICT JUDGES AMONG CIRCUITS. Section 292 of title 28, United States Code, is amended by adding at the end the following: ``(f) The chief judge of the United States Court of Appeals for the Ninth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Twelfth Circuit, designate and assign 1 or more district judges within the Ninth Circuit to sit upon the Court of Appeals of the Twelfth Circuit, or a division thereof, whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge within the Ninth Circuit to hold a district court in any district within the Twelfth Circuit. ``(g) The chief judge of the United States Court of Appeals for the Twelfth Circuit may in the public interest-- ``(1) upon request by the chief judge of the Ninth Circuit, designate and assign 1 or more district judges within the Twelfth Circuit to sit upon the Court of Appeals of the Ninth Circuit, or a division thereof, whenever the business of that court so requires; and ``(2) designate and assign temporarily any district judge within the Twelfth Circuit to hold a district court in any district within the Ninth Circuit. ``(h) Any designation or assignment under subsection (f) or (g) shall be in conformity with the rules or orders of the court of appeals of, or the district within, as applicable, the circuit to which the judge is designated or assigned.''. SEC. 14. ADMINISTRATION. (a) Transition Authority.--The court of appeals for the ninth circuit as constituted on the day before the effective date of this Act may take any administrative action that is required to carry out this Act and the amendments made by this Act. (b) Administrative Termination.--The court described in subsection (a) shall cease to exist for administrative purposes 2 years after the date of enactment of this Act. SEC. 15. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act, including funds for additional court facilities. SEC. 16. EFFECTIVE DATE. Except as provided in section 4(c), this Act and the amendments made by this Act shall take effect 1 year after the date of enactment of this Act. | Circuit Court of Appeals Restructuring and Modernization Act This bill divides the U.S. Court of Appeals for the Ninth Circuit into: (1) a new Ninth Circuit, to be composed of California, Guam, Hawaii, and Northern Mariana Islands; and (2) a newly established Twelfth Circuit, to be composed of Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. The President must appoint five additional judges for the new Ninth Circuit and two additional temporary judges for the former Ninth Circuit. The bill designates the locations where the new circuits are to hold regular sessions. The Circuit Executive and the Clerk of the Court of the Twelfth Circuit shall be located in Phoenix, Arizona. The bill distributes active circuit judges of the former Ninth Circuit to the new circuits. Senior circuit judges of the former Ninth Circuit may elect their circuit assignment. The bill authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit between the new circuits. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Family Health Information Technology Act of 2006''. SEC. 2. ELECTRONIC HEALTH RECORDS. (a) In General.--Chapter 89 of title 5, United States Code, is amended by inserting after section 8902a the following: ``Sec. 8902b. Electronic health records ``(a) This section provides for the establishment, in connection with the program established under this chapter, of electronic health records for each covered individual, including-- ``(1) requiring the establishment of a carrier electronic health record under subsection (b); ``(2) requiring the offering by carriers to covered individuals of a personal electronic health record under subsection (c); and ``(3) providing carrier-based incentives for establishing provider-based electronic health records under subsection (d). ``(b)(1) Each contract under this chapter shall require that the carrier establish, maintain, and make available, in accordance with standards adopted by the Office of Personnel Management under this section, a carrier electronic health record for each covered individual who is enrolled under this chapter in a health benefits plan offered by the carrier. ``(2)(A) A carrier electronic health record for a covered individual under this subsection shall consist of a carrier's health information on the individual's health care claims, health care services data, or both, such as information describing the individual's inpatient facility admissions, emergency room visits, and claims for prescription drugs. Such a record shall include, to the maximum extent practicable, such information as it relates to claims or services for another carrier in which the covered individual was previously enrolled under this title. ``(B) The information under subparagraph (A) shall cover the period beginning on the later of January 1, 2008, or the date of the covered individual's enrollment with the carrier under this title. Such period is not required to be longer than the period specified in standards adopted by the Office of Personnel Management under this section. ``(C) In the case of a covered individual who changes enrollment under this title after the effective date specified in paragraph (4) from one carrier to another carrier, the first carrier shall transfer information from the carrier electronic health record under this subsection to the second carrier to the extent specified by the Office of Personnel Management by not later than 90 days after the date the first carrier receives notice of the change in enrollment. ``(3) Information from a carrier electronic health record for a covered individual shall be made available to the individual and shall be made available (in accordance with the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996) to a health care provider treating the individual. A carrier shall make such information available, in accordance with standards adopted under this section-- ``(A) promptly; ``(B) over a secure internet or other electronic-based connection; ``(C) in a format useful for diagnosis and treatment; and ``(D) in a format that permits its importation into a personal electronic health record under subsection (c). ``(4) The previous provisions of this subsection shall apply with respect to contracts for contract years beginning with-- ``(A) the 3rd contract year (or 4th contract year, if the Office of Personnel Management determines that carriers are not prepared to implement the previous provisions of this subsection by such 3rd contract year) beginning after the date of the enactment of this section; or ``(B) such earlier contract year as the Office of Personnel Management may determine. ``(c)(1) Each contract under this chapter shall require the carrier in accordance with standards adopted under this section-- ``(A) to provide, upon the request of a covered individual, for the establishment and maintenance of a personal electronic health record for the individual; ``(B) to establish a method for the individual to access the individual's personal electronic health record through a mechanism that is integrated with access to the carrier electronic health record for the individual under subsection (b); and ``(C) to establish a method for the individual to transfer the individual's personal electronic health record to the individual (or to a carrier or other entity designated by the individual) upon the request of the individual at any time, including at the time of disenrollment of the individual. ``(2) A personal electronic health record for a covered individual shall consist of such personal health information, such as family health history, symptoms, use of over-the-counter medication, diet, exercise, and other relevant health information and activities, as the individual may provide. Such record may also include information from a provider-based electronic health record referred to in subsection (d) as well as from a carrier electronic health record. ``(3) Each contract under this chapter shall require the carrier to enable health information to be imported in standard electronic format into a personal electronic health record from a provider-based electronic health record and from a carrier electronic health record consistent with standards adopted by the Office. ``(4) Nothing in this subsection shall be construed as authorizing the carrier or another person, other than a covered individual, to access a personal electronic health record of the individual without the authorization of the individual. ``(5) The previous provisions of this subsection shall apply with respect to contracts for contract years beginning with the contract year beginning after the first contract year with respect to which the requirements of subsection (b) are in effect under subsection (b)(4). ``(d)(1) Each contract under this chapter shall require the carrier to provide, in accordance with standards adopted by the Office under this section, incentives (subject to the availability of amounts from the Federal Family Health Information Technology Trust Fund, as established by section 4 of the Federal Family Health Information Technology Act of 2006) for providers to implement a comprehensive system of provider-based electronic health records for all patients covered by the contract. ``(2) The previous provisions of this subsection shall be effective with respect to contract years beginning with such contract year as the Office of Personnel Management shall determine. ``(e) Beginning with the contract year beginning after the first contract year with respect to which the requirements of subsection (b) are in effect, each carrier shall report to the Office of Personnel Management its progress and plan for enabling each covered individual, upon request, to store and access, through a portable, electronic medium, the individual's personal electronic health record established under subsection (c), as well as the carrier electronic health record for the individual (established under subsection (b)) and provider- based electronic health records relating to the individual referred to in subsection (d). Such plan shall provide a means for such storage and access through such a portable medium beginning with the 5th contract year after the first contract year with respect to which the requirements of subsection (b) are in effect. ``(f)(1) Standards adopted under this section regarding carrier, personal, and provider-based electronic health records shall be consistent with any standards for interoperability of electronic health records developed by ONCHIT. ``(2) In addition to paragraph (1), the Office of Personnel Management shall consult with ONCHIT in the implementation of this section, including the establishment of effective dates under subsections (b)(4)(B) and (d)(2). ``(3) For purposes of this subsection, the term `ONCHIT' means the Office of the National Coordinator for Health Information Technology in the Department of Health and Human Services, and includes any successor to the functions performed by such Office. ``(g)(1) The Office of Personnel Management may waive any or all of the requirements of this section for a carrier described in paragraph (2) insofar as the carrier has established an electronic health record system that substantially meets the purpose of each such requirement that is waived. ``(2) A carrier described in this paragraph is a carrier that-- ``(A) is an integrated health care system that combines the functions of a health plan, hospitals, pharmacy, laboratories, and clinicians; and ``(B) has developed and is implementing, as of the date of the enactment of this section, a provider-based comprehensive electronic medical record for each member of the health plan. ``(h) For purposes of this section, the term `covered individual' has the meaning given such term by section 8902a(a)(1)(B).''. (b) Conforming Amendments.--(1) Section 8902 of title 5, United States Code, is amended by adding at the end the following: ``(p) A contract may not be made which is not in conformance with the requirements of section 8902b, except that the Office of Personnel Management may phase in or waive conformance with some or all of such requirements during the first two contract years in which a carrier has a contract under this title.''. (2) The table of sections for chapter 89 of such title is amended by inserting after the item relating to section 8902a the following: ``8902b. Electronic health records.''. SEC. 3. PROVISION REGARDING RATES. During the period ending with the contract year following the first contract year with respect to which the requirements of subsection (b) of section 8902b of title 5, United States Code, as inserted by section 2(a), are in effect, in determining rates under section 8902(i) of such title, the Office of Personnel Management shall not take into account any carrier administrative costs, monetary savings, or return on investment resulting from implementation of carrier and personal electronic health records required under subsections (b) and (c) of such section 8902b, except that the Office shall have access to the unused portion of contributions set aside in the Employees Health Benefits Fund under section 8909(b)(1) of such title without fiscal year limitation for such use as the Office considers necessary to assist carriers in complying with such subsections. SEC. 4. FEDERAL FAMILY HEALTH INFORMATION TECHNOLOGY TRUST FUND. (a) In General.--The Office of Personnel Management shall establish the Federal Family Health Information Technology Trust Fund (in this section referred to as the ``Trust Fund'') for the purpose of receiving donations to be used to award grants to carriers who meet certain requirements as set forth by the Office. (b) Acceptance of Donations.--In accordance with the section, the Office may accept donations made to the Trust Fund. Donations made to the Trust Fund, and grants awarded from such Fund to carriers, shall not be considered to be the solicitation or payment of remuneration of any kind, nor shall receipt of such grants be considered an inducement to refer, purchase, order, or lease any good, facility, item, or service. (c) Deposit of Amounts Received.--Funds received by the Office under this section shall be transmitted by the Office to the Trust Fund. (d) Funds To Be Used for Carrier Grants.--The Office shall award grants from the Trust Fund to carriers under chapter 89 of title 5, United States Code, to be distributed under section 8902b(d) of such title as incentives to their contracting health care providers for implementing provider-based electronic health records based on requirements and qualifications set forth by the Office and standards adopted under section 8902b(f) of such title. SEC. 5. IMPLEMENTATION. The Office of Personnel Management shall provide for the implementation of this Act through appropriate administrative guidance, which may be by regulation, by carrier letter, or otherwise. SEC. 6. HIPAA COMPLIANCE. Nothing in this Act shall be construed as affecting the application or compliance with regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (relating to access to and disclosure of health information). | Federal Family Health Information Technology Act of 2006 - Sets forth provisions concerning the establishment of a system of electronic health records for covered individuals under the Federal Employees Health Benefits Program (FEHBP). Directs that each contract under FEHBP shall require that the carrier establish, maintain, and make available a carrier electronic health record for each covered individual who is enrolled under FEHBP in a health benefits plan offered by such carrier. Directs the Office of Personnel Management (OPM) to establish the Federal Family Health Information Technology Trust Fund for the purpose of receiving donations to be used to award grants to carriers who meet certain requirements as set forth by OPM. Instructs OPM to award grants from the Trust Fund to carriers to be distributed as incentives to their contracting health care providers for implementing provider-based electronic health records. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``FEMA Reauthorization Act of 2017''. SEC. 2. REAUTHORIZATION OF FEDERAL EMERGENCY MANAGEMENT AGENCY. Section 699 of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295; 6 U.S.C. 811) is amended-- (1) by striking ``administration and operations'' each place it appears and inserting ``management and administration''; (2) in paragraph (2), by striking ``; and''; (3) in paragraph (3), by striking the period and inserting ``; and''; and (4) by adding at the end the following: ``(4) for fiscal year 2018, $1,049,000,000; ``(5) for fiscal year 2019, $1,065,784,000; and ``(6) for fiscal year 2020, $1,082,836,544.''. SEC. 3. COMPREHENSIVE STUDY OF DISASTER COSTS AND LOSSES. (a) Establishment.--Not later than 30 days after the date of enactment of this Act, the Administrator shall begin, acting through the National Advisory Council, a comprehensive study relating to disaster costs and losses and Federal disaster assistance. (b) Additional Membership.--For the purposes of the comprehensive study required under subsection (a), as soon as practicable after the date of enactment of this Act, the Administrator shall appoint the following members to the National Advisory Council: (1) Individuals who have the requisite technical knowledge and expertise on issues related to disaster costs and losses. (2) Representatives of the insurance industry. (3) Experts in and representatives of the construction and building industry. (4) Individuals nominated by national organizations representing State, local, and tribal governments and personnel. (5) Academic experts. (6) Representatives of the private industry, such as vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for emergency management services. (7) Other members, as the Administrator considers appropriate. (c) Consultation With Nonmembers.--For the purposes of the comprehensive study required under subsection (a), the National Advisory Council shall consult with other relevant agencies and entities that are not represented on the National Advisory Council to consider research, data, findings, recommendations, innovative technologies and developments, including-- (1) entities engaged in federally funded research; and (2) academic institutions engaged in relevant work and research. (d) Study Requirements.--Not later than 120 days after the date of enactment of this Act, the National Advisory Council shall convene to evaluate disaster costs and losses and Federal disaster assistance, including consideration of the following: (1) Trends and contributing factors.--An assessment of trends, and factors contributing to such trends (such as shifting demographics and aging infrastructure), in disaster costs and losses and Federal disaster assistance, including the following: (A) Loss of life and injury. (B) Property damage and other costs to individuals, the private sector, and each level of government. (C) Presidentially declared disasters. (D) Disaster assistance available from all Federal sources. (2) Disaster roles and responsibility.--Fundamental principles that drive national disaster assistance decision making, including the appropriate roles for each level of government, the private sector, and individuals. (e) Recommendations.--The National Advisory Council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver Federal disaster assistance, including consideration of the following: (1) Actions to enhance national disaster assistance decision making. (2) Incentives, including tax incentives, to reduce disaster costs and losses and promote a more efficient and effective use of Federal disaster assistance. (3) Mechanisms to promote disaster cost and loss reduction, mitigation, and resiliency. (4) Legislative proposals, including proposals for implementing the recommendations in the report compiled pursuant to the requirement in section 1111 of the Sandy Recovery Improvement Act of 2013 (Public Law 113-2; 127 Stat. 49). (5) Legal, societal, geographic, technological, and other challenges to implementation of recommendations. (6) Projected dollar savings and efficiencies, including measures of effectiveness, from recommendations. (f) Report to Administrator and Congress.--Not later than 1 year after the National Advisory Council convenes under subsection (d), the National Advisory Council shall submit a report containing the data, analysis, and recommendations developed under subsections (d) and (e) to-- (1) the Administrator; (2) the Committee on Transportation and Infrastructure of the House of Representatives; and (3) the Committee on Homeland Security and Governmental Affairs of the Senate. (g) Availability of Information.--The Administrator shall make the data collected pursuant to this section publicly available on the website of the Agency. SEC. 4. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. Section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1102) is amended-- (1) in subsection (d) by striking paragraphs (1) and (2) and inserting the following: ``(1) for the Center for Domestic Preparedness-- ``(A) $63,939,000 for fiscal year 2018; ``(B) $64,962,024 for fiscal year 2019; and ``(C) $66,001,416 for fiscal year 2020; and ``(2) for the members referred to in paragraphs (2) through (7) of subsection (b)-- ``(A) $101,000,000 for fiscal year 2018; ``(B) $102,606,000 for fiscal year 2019; and ``(C) $104,247,856 for fiscal year 2020.''; and (2) in subsection (e) in the matter preceding paragraph (1), by striking ``2007'' and inserting ``2015''. SEC. 5. NATIONAL PREPARATION AND RESPONSE EFFORTS RELATING TO EARTHQUAKES AND TSUNAMIS. The Administrator of the Federal Emergency Management Agency shall be responsible for the Nation's efforts to reduce the loss of life and property, and to protect the Nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. SEC. 6. AUTHORITIES. Notwithstanding any other provision of law, the non-federally funded actions of private parties, State, local, or Tribal governments, on State, local, Tribal, and private land, and the effects of those actions, shall not be attributed to the Federal Emergency Management Agency's actions under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42 U.S.C. 4002 et seq.), the Biggert-Waters Flood Insurance Reform Act of 2012 (subtitle A of title II of division F of Public Law 112-141; 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020) for the purposes of section 7 (16 U.S.C. 1536) and section 9 (16 U.S.C. 1538) of the Endangered Species Act. Actions taken under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014, that may influence private actions do not create a Federal nexus for the purpose of applying the requirements of section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536). SEC. 7. TECHNICAL AMENDMENTS TO NATIONAL EMERGENCY MANAGEMENT. (a) Homeland Security Act of 2002.--Title V of the Homeland Security Act of 2002 (6 U.S.C. 501 et seq.) is amended-- (1) in section 501(8) (6 U.S.C. 311(8))-- (A) by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; and (B) by striking ``502(a)(6)'' and inserting ``504(a)(6)''; (2) in section 503(b)(2)(A) (6 U.S.C. 313) by inserting ``and incidents impacting critical infrastructure'' before the semicolon; (3) in section 504(a) (6 U.S.C. 314(a))-- (A) in paragraph (3) by striking ``, including--'' and inserting ``(that includes incidents impacting critical infrastructure), including--''; (B) in paragraph (4) by inserting ``, including incidents impacting critical infrastructure'' before the semicolon; (C) in paragraph (5) by striking ``and local'' and inserting ``local, and tribal''; (D) in paragraph (6) by striking ``national response plan'' and inserting ``national response framework, which shall be reviewed and updated as required but not less than every 5 years''; (E) by redesignating paragraphs (7) through (21) as paragraphs (8) through (22), respectively; (F) by inserting after paragraph (6) the following: ``(7) developing integrated frameworks, to include consolidating existing Government plans addressing prevention, protection, mitigation, and recovery with such frameworks reviewed and updated as required, but not less than every 5 years;''; and (G) in paragraph (14), as redesignated, by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; (4) in section 507 (6 U.S.C. 317)-- (A) in subsection (c)-- (i) in paragraph (2)(E), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (ii) in paragraph (3)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (f)(1)(G), by striking ``National Response Plan'' and inserting ``National Response Framework''; (5) in section 508 (6 U.S.C. 318)-- (A) in subsection (b)(1), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (B) in subsection (d)(2)(A), by striking ``The Deputy Administrator, Protection and National Preparedness'' and inserting ``A Deputy Administrator''; (6) in section 509 (6 U.S.C. 319)-- (A) in subsection (b)-- (i) in paragraph (1)-- (I) by striking ``National Response Plan'' and inserting ``National Response Framework, National Protection Framework, National Prevention Framework, National Mitigation Framework, National Recovery Framework''; (II) by striking ``successor'' and inserting ``successors''; and (III) by striking ``plan'' at the end of that paragraph and inserting ``framework''; and (ii) in paragraph (2), by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''; and (B) in subsection (c)(1)-- (i) in subparagraph (A)-- (I) by striking ``National response plan'' in the header and inserting ``National response framework''; and (II) by striking ``National Response Plan'' in the text and inserting ``National Response Framework''; and (ii) in subparagraph (B), by striking ``National Response Plan'' and inserting ``National Response Framework''; (7) in section 510 (6 U.S.C. 320)-- (A) in subsection (a), by striking ``enter into a memorandum of understanding'' and inserting ``partner''; (B) in subsection (b)(1)(A), by striking ``National Response Plan'' and inserting ``National Response Framework''; and (C) in subsection (c), by striking ``National Response Plan'' and inserting ``National Response Framework''; (8) in section 515(c)(1) (6 U.S.C. 321d(c)(1)), by striking ``and local'' each place it appears and inserting ``, local, and tribal''; (9) by striking section 524 (6 U.S.C. 321m); and (10) in section 525(a) (6 U.S.C. 321n), by striking ``Secretary'' and inserting ``Administrator''. (b) Post-Katrina Emergency Management Reform Act of 2006.-- (1) Citation correction.--Section 602(13) of the Post- Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 701(13)) is amended by striking ``502(a)(6)'' and inserting ``504(a)(6)''. (2) Change of reference.--Chapter 1 of subtitle C of title VI of the Post-Katrina Emergency Management Reform Act of 2006 (Public Law 109-295) is amended by striking ``National Response Plan'' each place it appears and inserting ``National Response Framework''. | FEMA Reauthorization Act of 2017 (Sec. 2) This bill amends the Post-Katrina Emergency Management Reform Act of 2006 to reauthorize the Federal Emergency Management Agency (FEMA) through FY2020. (Sec. 3) The National Advisory Council shall: (1) begin a comprehensive study relating to disaster costs and losses and federal disaster assistance within 30 days of this bill's enactment; and (2) convene to evaluate disaster costs and losses and federal disaster assistance within 120 days of enactment, including consideration of trends and contributing factors, and disaster roles and responsibility. The council shall develop recommendations to reduce disaster costs and losses in the United States and to more efficiently and effectively deliver federal disaster assistance. (Sec. 4) The bill amends the Implementing Recommendations of the 9/11 Commission Act of 2007 to reauthorize through FY2020 the Center for Domestic Preparedness and the other members of the National Domestic Preparedness Consortium. (Sec. 5) FEMA shall be responsible for the nation's efforts to reduce the loss of life and property, and to protect the nation, from an earthquake, tsunami, or combined earthquake and tsunami event by developing the ability to prepare and plan for, mitigate against, respond to, recover from, and more successfully adapt to such an event. (Sec. 6) The non-federally funded actions of private parties or state, local, or tribal governments on state, local, tribal, and private land, and the effects of those actions, shall not be attributed to FEMA's actions under the National Flood Insurance Act of 1968, the Flood Disaster Protection Act of 1973, the Biggert-Waters Flood Insurance Reform Act of 2012, and the Homeowner Flood Insurance Affordability Act of 2014 for purposes of the Endangered Species Act. Such actions that may influence private actions do not create a federal nexus for the purpose of applying the requirements of such Act. (Sec. 7) The bill makes technical amendments to the Homeland Security Act of 2002 and the Post-Katrina Emergency Management Reform Act of 2006. |
SECTION 1. SENSE OF THE CONGRESS. It is the sense of the Congress that economically targeted investments violate sections 403 and 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103 and 1104) because such investments violate the principle of undivided loyalty that a fiduciary owes to employee benefit plan participants and beneficiaries and are made with the intent to benefit persons other than plan participants and beneficiaries and to serve interests other than those of plan participants and beneficiaries. SEC. 2. PROHIBITIONS ON DEPARTMENT OF LABOR REGARDING ECONOMICALLY TARGETED INVESTMENTS. (a) In General.--With respect to the investment by employee benefit plans of plan assets (and the interpretations and decisions by the Department of Labor regarding investment by such plans of plan assets), the application of sections 403 and 404 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1103 and 1104) shall be determined-- (1) without regard to Interpretive Bulletin 94-1, issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-1), and without regard to any other regulation, interpretive bulletin, advisory opinion, information letter, or other determination reaching the same result as, or a result similar to, the result set forth in such Interpretive Bulletin, and (2) with full regard to sections 403 and 404 of such Act. (b) Restrictions on Activities of the Department of Labor.--No officer or employee of the Department of Labor may travel, lecture, or otherwise expend resources available to such Department for the purpose of promoting, directly or indirectly, economically targeted investments. (c) Definitions.--For purposes of this section-- (1) Economically targeted investment.--The term ``economically targeted investment'' has the meaning given such term in Interpretive Bulletin 94-1, as issued by the Secretary of Labor on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94-1). (2) Employee benefit plan.--The term ``employee benefit plan'' means an employee benefit plan within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)) which is covered under section 4 of such Act (29 U.S.C. 1003). SEC. 3. PROHIBITION ON FEDERAL AGENCIES AGAINST ESTABLISHING OR MAINTAINING ANY CLEARINGHOUSE OR OTHER DATABASE RELATING TO ECONOMICALLY TARGETED INVESTMENTS. (a) In General.--Part 5 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et seq.) is amended by adding at the end the following new section: ``prohibition on federal agencies against establishing or maintaining any clearinghouse or other database relating to economically targeted investments ``Sec. 516. (a) In General.--No agency or instrumentality of the Federal Government may establish or maintain, or contract with (or otherwise provide assistance to) any other party to establish or maintain, any clearinghouse, database, or other listing-- ``(1) for the purpose of making available to employee benefit plans information on economically targeted investments, ``(2) for the purpose of encouraging, or providing assistance to, employee benefit plans or any other party related to an employee benefit plan to undertake or evaluate economically targeted investments, or ``(3) for the purpose of identifying economically targeted investments with respect to which such agency or instrumentality will withhold from undertaking enforcement actions relating to employee benefit plans under any otherwise applicable authority of such agency or instrumentality. ``(b) Economically Targeted Investment Defined.--For purposes of this section, the term `economically targeted investment' has the meaning given such term in Interpretive Bulletin 94-1, as issued by the Secretary on June 23, 1994 (59 Fed. Reg. 32606; 29 C.F.R. 2509.94- 1).''. (b) Clerical Amendment.--The table of contents in section 2 of such Act is amended by inserting at the end of the items relating to part 5 of subtitle B of title I the following new item: ``Sec. 516. Prohibition on Federal agencies against establishing or maintaining any clearinghouse or other database relating to economically targeted investments.''. SEC. 4. TERMINATION OF CONTRACTS. The head of each agency and instrumentality of the Government of the United States shall immediately take such actions as are necessary and appropriate to terminate any contract or other arrangement entered into by such agency or instrumentality which is in violation of the requirements of the provisions of this Act or the amendments made thereby. SEC. 5. EFFECTIVE DATE The preceding provisions of this Act (and the amendments made thereby) shall take effect on the date of the enactment of this Act. | Expresses the sense of the Congress that economically targeted investments violate specified provisions of the Employee Retirement Income Security Act of 1974 (ERISA) relating to a fiduciary's responsibility to serve the interests of employee benefit plan participants and beneficiaries exclusively. Requires that the application of such ERISA provisions to employee benefit plan asset investments be determined without regard to a specified Department of Labor (DOL) interpretive bulletin or any other similar directive regarding economically targeted investments. Prohibits DOL officers or employees from traveling, lecturing, or otherwise expending DOL resources to promote, directly or indirectly, economically targeted investments. Amends ERISA to prohibit Federal agencies or instrumentalities from establishing or maintaining any clearinghouse or other database relating to economically targeted investments for employee benefit plans. Directs Federal agencies and instrumentalities to immediately terminate contracts or other arrangements which violate this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Honor Our Commitment Act of 2017''. SEC. 2. ACCESS TO DEPARTMENT OF VETERANS AFFAIRS MENTAL AND BEHAVIORAL HEALTH CARE FOR CERTAIN INDIVIDUALS DISCHARGED OR RELEASED FROM THE ACTIVE MILITARY, NAVAL, OR AIR SERVICE UNDER CONDITIONS OTHER THAN HONORABLE. (a) In General.--Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1712C the following new section: ``Sec. 1712D. Mental and behavioral health care for certain individuals discharged or released from the active military, naval, or air service under conditions other than honorable ``(a) In General.--Notwithstanding section 5303(a) of this title and subject to subsection (c), the Secretary shall furnish to an eligible individual covered mental and behavioral health care. ``(b) Eligible Individuals.--For purposes of this section, an eligible individual is any of the following: ``(1) An individual who-- ``(A) served in the active military, naval, or air service for a period of more than 180 days and was deployed in a theater of combat operations or an area at a time during which hostilities are occurring in that area for a period of more than 30 days during such service; ``(B) was discharged or released from such service by reason of committing a covered offense; and ``(C) was diagnosed by a qualified mental health care provider with a mental or behavioral health condition before committing the covered offense. ``(2) An individual who-- ``(A) served in the active military, naval, or air service for a period of more than 180 days and was deployed in a theater of combat operations or an area at a time during which hostilities are occurring in that area for a period of more than 30 days during such service; ``(B) was discharged or released from such service by reason of committing a covered offense; ``(C) is diagnosed with a mental or behavioral health condition after committing such covered offense but before the expiration of the five-year period beginning on the later of-- ``(i) the date of the enactment of the Honor Our Commitment Act of 2017; or ``(ii) the date on which the individual is discharged or released from such service; ``(D) submits to the Secretary-- ``(i) a certification from a qualified mental health care provider that the provider believes such condition may have led the individual to commit such offense; and ``(ii) the Certificate of Release or Discharge from Active Duty (DD Form 214) of the individual; and ``(E) is determined by the Secretary pursuant to subsection (c) to have had a mental or behavioral health condition at the time the individual committed the covered offense that contributed to the commission of the offense. ``(c) Determination by Secretary.--(1) Not later than 90 days after receiving the information submitted under subsection (b)(2)(D) with respect to an individual, the Secretary shall determine whether, at the time of committing the covered offense, the individual had a mental or behavioral health condition that contributed to the commission of the offense. ``(2) If the Secretary does not make a determination under paragraph (1) with respect to a mental or behavioral health condition of an individual before the end of the 90-day period beginning on the date of the submittal of the information described in subsection (b)(2)(D), the condition is deemed to be a mental or behavioral health condition that contributed to the commission of the offense until such time as the Secretary makes the determination. ``(d) Initial Mental Health Screening.--(1) The Secretary may furnish to each individual described in paragraph (2) an initial mental health screening not later than the later of-- ``(A) five years after the date of the enactment of the Honor Our Commitment Act of 2017; or ``(B) five years after the date on which the individual was discharged or released from the active military, naval, or air service. ``(2) Individuals described in this paragraph are the following: ``(A) Eligible individuals described in subsection (b)(1). ``(B) Individuals described in subparagraphs (A), (B), and (C) of subsection (b)(2). ``(3) The mental health screening provided to an individual under paragraph (1) shall be at no cost to the individual. ``(e) Notification of Eligibility.--The Secretary shall notify each eligible individual described in subsection (b)(1) about the eligibility of the individual for covered mental and behavioral health care under this section not later than the later of-- ``(1) 180 days after the date of the enactment of the Honor Our Commitment Act of 2017; or ``(2) 180 days after the date on which the individual was discharged or released from the active military, naval, or air service. ``(f) Annual Report.--Not less frequently than annually, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report that includes, with respect to the year preceding the submittal of the report, the following: ``(1) The number of eligible individuals who were furnished covered mental and behavioral health care under this section. ``(2) The number of individuals who the Secretary determined under subsection (c) did not have a mental or behavioral health condition at the time of committing a covered offense that contributed to the commission of the offense. ``(3) The number of individuals who requested an initial mental health screening under subsection (d). ``(4) The number of individuals who were furnished an initial mental health screening under subsection (d). ``(g) Definitions.--In this section: ``(1) The term `covered mental and behavioral health care' means the same types of medical services furnished by the Department to individuals with service-connected mental or behavioral health conditions to treat such conditions. ``(2) The term `covered offense' means an offense for which an individual is discharged or separated from the active military, naval, or air service under conditions other than honorable but not a dishonorable discharge or a discharge by court-martial. ``(3) The term `qualified mental health care provider' means a licensed or certified health care provider whose scope of practice includes diagnosing mental or behavioral health conditions and includes physicians, psychologists, psychiatric nurse practitioners, physician assistants, clinical social workers, and licensed professional counselors.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1712C the following new item: ``1712D. Mental and behavioral health care for certain individuals discharged or released from the active military, naval, or air service under conditions other than honorable.''. (c) Effective Date.--Section 1712D of title 38, United States Code, as added by subsection (a), shall take effect on the date that is 120 days after the date of the enactment of this Act. | Honor Our Commitment Act of 2017 This bill directs the Department of Veterans Affairs (VA) to furnish mental and behavioral health care to individuals who: served in the active military, naval, or air service for more than 180 days and were deployed in a theater of combat operations or an area at a time during which hostilities occurred in that area for more than 30 days; were discharged or released from such service, by reason of committing a covered offense, under conditions other than honorable but not dishonorable or by court-martial; and either were diagnosed by a qualified mental health care provider with a mental or behavioral health condition before committing such offense; or are diagnosed with such a condition after committing such offense but before the expiration of five years after the later of the date of enactment of this bill or the date the individual is discharged or released from service, if a provider certifies such condition may have led to such offense and if the VA determines such individual had such condition at the time of the offense. The VA: (1) may furnish initial mental health screenings within five years after this bill's enactment or five years after the date of discharge or release from service, at no cost to the individual; and (2) shall notify each eligible individual about eligibility for covered mental and behavioral health care within 180 days of discharge or release from active service. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Definition Simplification Act of 2004''. SEC. 2. UNIFORM DEFINITION OF CHILD. (a) Personal Exemption.-- (1) In general.--Section 151 of the Internal Revenue Code of 1986 is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and by inserting after subsection (b) the following new subsection: ``(c) Additional Exemption for Qualifying Children.-- ``(1) In general.--An exemption of the exemption amount for each qualifying child. ``(2) Qualifying child.--For purposes of this section, the term `qualifying child' means, with respect to any taxpayer for any taxable year, an individual-- ``(A) who bears a relationship to the taxpayer described in paragraph (3), ``(B) who has the same principal place of abode as the taxpayer for more than \1/2\ of such taxable year, and ``(C) who meets the age requirements of paragraph (4). An individual shall not be treated as failing to meet the requirements of subparagraph (B) by reason of time of birth or death or by reason of temporary absences or other circumstances specified in the regulations prescribed by the Secretary. ``(3) Relationship test.-- ``(A) In general.--For purposes of paragraph (2)(A), an individual bears a relationship to the taxpayer described in this paragraph if such individual is-- ``(i) a son, daughter, stepson, or stepdaughter of the taxpayer or a descendant of any such relative, ``(ii) a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative, whom the taxpayer cares for as the taxpayer's own child, or ``(iii) an eligible foster child of the taxpayer. ``(B) Adopted child.--For purposes of subparagraph (A), a child who is legally adopted, or who is placed with the taxpayer by an authorized placement agency for adoption by the taxpayer, shall be treated as a child by blood. ``(C) Eligible foster child.--For purposes of subparagraph (A), the term `eligible foster child' means an individual-- ``(i) who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction, and ``(ii) whom the taxpayer cares for as the taxpayer's own child. ``(4) Age requirements.--For purposes of paragraph (2)(C), an individual meets the requirements of this paragraph if such individual-- ``(A) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, ``(B) is a student who has not attained the age of 24 as of the close of such calendar year, or ``(C) is permanently and totally disabled (as defined in section 22(e)(3)) at any time during the taxable year. ``(5) Special rules.-- ``(A) Married dependents.--An individual shall not be a qualifying child of a taxpayer if such individual makes a joint return with the individual's spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. ``(B) Individuals who support themselves.--An individual shall not be a qualifying child of a taxpayer if such individual provides over half of such individual's own support for the calendar year in which the taxable year of the taxpayer begins. ``(C) Only 1 exemption amount.--An individual who is a qualifying child of any taxpayer shall not be treated as the dependent of any taxpayer for purposes of this part. ``(6) Special rule relating to 2 or more claiming qualifying child.-- ``(A) In general.--Except as provided in paragraph (7), if an individual would (but for this paragraph) be a qualifying child of 2 or more taxpayers for taxable years beginning in the same calendar year, such individual shall be treated as the qualifying child of the taxpayer who is-- ``(i) a parent of the individual, or ``(ii) if none of such taxpayers is a parent of the individual, the taxpayer with the highest adjusted gross income for such taxable year. ``(B) Parents not filing joint returns.--If an individual would (but for this paragraph) be a qualifying child of both parents of such individual and such parents do not file a joint return together, such child shall be treated as the qualifying child of-- ``(i) the parent with whom the child resided for the longest period during the taxable year, or ``(ii) if the child resides with both parents for the same length of time during such taxable year, the parent with the highest adjusted gross income. ``(C) Foster children.--For purposes of this paragraph, the taxpayer shall be treated as a parent of any eligible foster child who has the same principal place of abode as the taxpayer for more than one-half of such taxable year. ``(7) Special rule for certain pre-2006 instruments.-- ``(A) In general.--Notwithstanding paragraph (6), a child who has parents who-- ``(i) are divorced or legally separated under a decree of divorce or separate maintenance, ``(ii) are separated under a written separation agreement, or ``(iii) live apart at all times during the last 6 months of the calendar year, shall be treated as being the qualifying child of the noncustodial parent for a calendar year if the requirements of subparagraph (B) are met. ``(B) Requirements.--For purposes of subparagraph (A), the requirements of this subparagraph are met if-- ``(i) such child would, but for this paragraph, be the qualifying child of the custodial parent, and ``(ii) a qualified pre-2006 instrument between the parents is applicable to such child for the taxable year beginning in such calendar year. In the case of an agreement executed before January 1, 1985, the requirements of this subparagraph are met only if, in addition to meeting the requirements of clauses (i) and (ii), the noncustodial parent provides at least $600 for the support of such child during such calendar year. ``(C) Qualified pre-2006 instrument.--For purposes of this paragraph, the term `qualified pre-2006 instrument' means any written declaration referred to in subsection (e)(2) (as in effect on the day before the date of the enactment of the Child Definition Simplification Act of 2004)-- ``(i) which is executed before January 1, 2006, and ``(ii) which is not modified on or after such date in a modification which expressly provides that this subsection shall not apply to such declaration. ``(D) Custodial parent and noncustodial parent.-- For purposes of this subsection-- ``(i) Custodial parent.--The term `custodial parent' means the parent with whom a child shared the same principal place of abode for the greater portion of the calendar year. ``(ii) Noncustodial parent.--The term `noncustodial parent' means the parent who is not the custodial parent. ``(E) Special rules for support.--For purposes of this subsection-- ``(i) amounts expended for the support of a child or children shall be treated as received from the noncustodial parent to the extent that such parent provided amounts for such support, and ``(ii) in the case of the remarriage of a parent, support of a child received from the parent's spouse shall be treated as received from the parent.''. (2) Conforming amendments.-- (A) Section 152 of such Code is amended by striking subsection (e) (relating to support test in case of child of divorced parents, etc.). (B) Paragraph (6) of section 1(f) of such Code is amended-- (i) in subparagraph (A) by striking ``151(d)(4)'' and inserting ``151(e)(4)'', and (ii) in subparagraph (B) by striking ``151(d)(3)(A)'' and inserting ``151(e)(3)(A)''. (C) Paragraph (5) of section 21(e) of such Code is amended-- (i) by striking ``paragraph (2) or (4) of section 152(e)'' and inserting ``section 151(c)(7)'', and (ii) by striking ``section 152(e)(1)'' and inserting ``section 151(c)(7)''. (D) Sections 21(e)(6) and 129(c) of such Code are each amended-- (i) by striking ``151(c)'' and inserting ``151(d)'', and (ii) by striking ``151(c)(3)'' and inserting ``151(d)(3)''. (E) Sections 25B(c)(2)(B), 32(c)(3)(C)(ii), 152(d)(2), and 2032A(c)(7)(D) of such Code are each amended by striking ``151(c)(4)'' and inserting ``151(d)(4)''. (F) Sections 72(t)(7)(A)(iii) and 132(h)(2)(B) of such Code are each amended by striking ``151(c)(3)'' and inserting ``151(d)(3)''. (G) Clause (i) of section 642(b)(2)(C) of such Code is amended-- (i) by striking ``151(d)'' and inserting ``151(e)'', and (ii) by striking `` 151(d)(3)(C)(iii)'' and inserting `` 151(e)(3)(C)(iii)''. (H) Paragraph (1) of section 3402(f) of such Code is amended-- (i) in subparagraph (A) by striking ``151(d)(2)'' and inserting ``151(e)(2)'', and (ii) in subparagraph (C) by striking ``151(c)'' and inserting ``151(d)''. (I) Subparagraph (B) of section 3402(r)(2) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (J) Paragraph (1) of section 6012(a) of such Code is amended-- (i) in subparagraph (A) by striking ``151(c)'' and inserting ``151(d)'', and (ii) in subparagraph (D)(ii)-- (I) by striking ``151(d)'' and inserting ``151(e)'', and (II) by striking ``151(d)(2)'' and inserting ``151(e)(2)''. (K) The last sentence of section 6013(b)(3)(A) of such Code is amended by striking ``151(d)'' and inserting ``151(e)''. (L) Section 7703(b)(1) of such Code is amended by striking ``151(c)(3)'' and inserting ``151(c)(2)''. (b) Application of Uniform Definition to Dependent Care Credit.-- (1) In general.--Section 21(b)(1)(A) of such Code is amended to read as follows: ``(A) a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 13,''. (2) Repeal of maintenance of household test.--Section 21(a)(1) of such Code is amended by striking ``who maintains a household which includes as a member'' and inserting ``with respect to whom there are''. (c) Application of Uniform Definition to Child Tax Credit.--Section 24(c)(1) of such Code is amended to read as follows: ``(1) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 151(c)) who has not attained age 17 as of the close of the calendar year in which the taxable year of the taxpayer begins.''. (d) Application of Uniform Definition to Earned Income Credit.-- (1) In general.--Paragraph (3) of section 32(c) of such Code is amended to read as follows: ``(3) Qualifying child.-- ``(A) In general.--The term `qualifying child' means a qualifying child of the taxpayer (as defined in section 151(c)). ``(B) Place of abode.--For purposes of subparagraph (A), the requirements of section 151(c)(2)(B) shall be met only if the principal place of abode is in the United States. ``(C) Identification requirements.-- ``(i) In general.--A qualifying child shall not be taken into account under subsection (b) unless the taxpayer includes the name, age, and TIN of the qualifying child on the return of tax for the taxable year. ``(ii) Other methods.--The Secretary may prescribe other methods for providing the information described in clause (i).''. (2) Conforming amendments.-- (A) Section 32(c)(1) of such Code is amended by striking subparagraph (C) and by redesignating subparagraphs (D), (E), (F), and (G) as subparagraphs (C), (D), (E), and (F), respectively. (B) Section 32(c)(4) of such Code is amended by striking ``(3)(E)'' and inserting ``(3)(B)''. (C) Section 32(m) of such Code is amended by striking ``subsections (c)(1)(F)'' and inserting ``subsections (c)(1)(E)''. (e) Application of Uniform Definition to Credit for Health Insurance Costs of Eligible Individuals.--Section 35(d)(1)(B) of such Code is amended to read as follows: ``(B) a qualifying child of the taxpayer (as defined in section 151(c)).''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. (g) Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall issue regulations or other guidance defining place of abode and principal place of abode for purposes of sections 151(c), 21, 24, 32, and 35 of the Internal Revenue Code of 1986, as amended by this section. SEC. 3. TREATMENT OF GOVERNMENT BENEFITS IN DETERMINING SUPPORT AND COST OF MAINTAINING HOUSEHOLD. (a) Dependency Exemption.--Section 152 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(f) Special Rule Relating to Treatment of Government Benefits in Determining Support.--For purposes of this part, any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining-- ``(1) whether over half of the support of an individual for a calendar year is received from a taxpayer, and ``(2) whether over half of the cost of maintaining a household is furnished by a taxpayer.''. (b) Dependent Care Credit.--Section 21(e)(1) of such Code is amended by adding at the end the following: ``Any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual.''. (c) Marital Status.--Section 7703 of such Code (relating to determination of marital status) is amended by adding at the end the following new subsection: ``(c) Special Rule Relating to Treatment of Government Benefits in Determining Cost of Maintaining Household.--For purposes of subsection (b)(2), any means-tested benefits obtained under programs described in section 6103(l)(7) or substantially similar government programs shall not be taken into account for purposes of determining whether over half of the cost of maintaining a household is furnished by the individual.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2004. | Child Definition Simplification Act of 2004 - Amends the Internal Revenue Code to redefine "child" based upon residence, age, and relationship to the taxpayer, for purposes of the personal exemption, the dependent care credit, the child tax credit, the earned income credit, and the health insurance credit. Excludes any means-tested benefits received by a taxpayer under the Social Security Act or other substantially similar government programs from the tests for determining eligibility for the personal exemption and the dependent care credit and for determining marital status. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Empower Burma Act of 2016''. SEC. 2. STATEMENT OF POLICY. It shall be the policy of the United States-- (1) to support peaceful, democratic, and inclusive development of Burma; and (2) to support United States and international assistance, as appropriate, to address urgent and long-term development and infrastructure challenges in Burma, including universal access to electricity. SEC. 3. FINDINGS. Congress makes the following findings: (1) Since 2011, the Government of Burma has taken admirable and concrete steps toward the establishment of democratic institutions and the rule of law. (2) The November 2015 parliamentary elections in Burma were conducted in a peaceful and transparent manner and culminated in an overwhelming victory for the National League of Democracy (NLD), led by Nobel Prize laureate Aung San Suu Kyi. (3) Since assuming office on March 30, 2016, Burma's new President Htin Kyaw has authorized the release of more than 200 political prisoners. (4) Aung Sun Suu Kyi has successfully initiated a nationwide and historic effort to achieve lasting peace in Burma, titled the ``21st Century Panglong Conference''. (5) Burma faces serious short- and long-term economic and development challenges, which the new NLD-led government has pledged to address. (6) According to World Bank estimates, over 70 percent of Burma's population and 84 percent of rural households lack access to grid electricity. (7) The Government of Burma has announced a National Electrification Plan (NEP) to assure universal access to electricity by 2030. (8) The World Bank has approved a $400,000,000 interest- free credit to Burma to support the NEP. (9) The World Bank has approved $1,690,000,000 total in development projects in Burma. (10) The Asian Development Bank has approved $1,920,000,000 in development projects in Burma. SEC. 4. EMPOWER BURMA STRATEGY. (a) Strategy Required.-- (1) In general.--The President shall establish a comprehensive, integrated, multiyear strategy to encourage international efforts to promote sustainable economic development in Burma, including universal access to sufficient reliable, affordable, and sustainable power, in order to reduce poverty and drive economic growth and job creation, and to support the continued democratic transition in Burma. (2) Flexibility.--The President shall ensure that the strategy required under paragraph (1) maintains sufficient flexibility for and remains responsive to concerns and interests of affected local communities and technological innovation. (b) Report Required.--Not later than 180 days after the date of the enactment of this Act, the President shall submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives a report that contains the strategy required under subsection (a). (c) Interagency Working Group.-- (1) In general.--The President may, as appropriate, establish an Interagency Working Group to coordinate the activities of relevant United States Government departments and agencies involved in carrying out the strategy required under this section. (2) Functions.--The Interagency Working Group may, among other things-- (A) seek to coordinate the activities of the United States Government departments and agencies involved in implementing the strategy required under this section; (B) ensure efficient and effective coordination between participating departments and agencies; and (C) facilitate information sharing and coordinate partnerships between the United States Government, the private sector, and other development partners to achieve the goals of the strategy. SEC. 5. MULTILATERAL ASSISTANCE. (a) Policy.--In implementing the strategy required under section 4, the President should direct the United States representatives to appropriate international bodies to use the voice, vote, and influence of the United States to advocate, as appropriate, for commitments to significantly increase efforts to promote economic development efforts in Burma, including power sector and electrification projects that increase energy access, in partnership with the private sector. (b) Restrictions.--The United States Government should ensure that international development assistance projects in Burma it supports-- (1) do not directly or indirectly benefit entities on the SDN list or entities otherwise undermining peace and stability in Burma; (2) do not directly or indirectly benefit the military; (3) do not marginalize vulnerable populations or exclude any ethnic or religious communities; and (4) promote good governance, transparency, and meet internationally recognized labor standards. SEC. 6. SENSE OF CONGRESS REGARDING BURMA AND THE GENERALIZED SYSTEM OF PREFERENCES. It is the sense of Congress that preferential duty treatment under the Generalized System of Preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) should be extended to Burma as soon as Burma meets the eligibility criteria under section 502 of that Act (19 U.S.C. 2462). SEC. 7. SENSE OF CONGRESS REGARDING BURMA AND THE MILLENNIUM CHALLENGE CORPORATION. It is the sense of Congress that the Board of Directors for the Millennium Challenge Corporation should provide assistance to Burma under section 605 of the Millennium Challenge Act of 2003 (22 U.S.C. 7704) as soon as Burma qualifies as an eligible country under section 607 of that Act (22 U.S.C. 7706) and enters into a Millennium Challenge Compact with the United States under section 609 of that Act (22 U.S.C. 7708). SEC. 8. SENSE OF CONGRESS ON BURMA SANCTIONS. It is the sense of Congress that-- (1) the President should not remove any entity from the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury (in this section referred to as the ``SDN list'') for activities related to Burma without credible evidence that the entity is no longer participating in the activities for which the entity was placed on the SDN list and is not otherwise undermining peace and stability in Burma; and (2) the President or his designees should closely consult with Congress with respect to, and seek congressional approval for, any modifications to the SDN list or other United States restrictions on assistance to Burma, including any military-to- military engagements. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out activities under this Act. | Empower Burma Act of 2016 This bill directs the President to establish a multiyear strategy to encourage international efforts to promote sustainable economic development in Burma in order to reduce poverty, drive economic growth, and support democracy. The President may establish an Interagency Working Group to coordinate the activities of U.S. agencies involved in carrying out such strategy. The President should direct U.S. representatives to appropriate international bodies to advocate for increased economic development efforts in Burma. The U.S. government should ensure that international development assistance projects that it supports in Burma: do not benefit entities on the list of specially designated nationals and blocked persons maintained by the Department of the Treasury's Office of Foreign Assets Control (SDN list) or entities otherwise undermining peace in Burma, do not benefit the military, do not marginalize vulnerable populations or exclude any ethnic or religious communities, and promote good governance and meet internationally recognized labor standards. It is the sense of Congress that: preferential duty treatment should be extended to Burma as soon as Burma meets specified eligibility criteria; the Millennium Challenge Corporation should provide assistance to Burma as soon as Burma qualifies as an eligible country and enters into a Millennium Challenge Compact with the United States; and the President should not remove any entity from the SDN list without credible evidence that the entity is no longer participating in the activities for which it was listed and is not undermining peace in Burma. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Protecting Access to Diabetes Supplies Act of 2015''. SEC. 2. STRENGTHENING RULES APPLIED IN CASE OF COMPETITION FOR DIABETIC TESTING STRIPS. (a) Special Rule Applied in Case of Competition for Diabetic Testing Strips.-- (1) In general.--Paragraph (10) of section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)) is amended-- (A) in subparagraph (A), by striking the second sentence and inserting the following new sentence: ``The volume for such types of products shall be determined through the use of multiple sources of data that measure consumption and utilization of diabetic testing strips among individuals in the United States.''; and (B) by adding at the end the following new subparagraphs: ``(C) Demonstration of ability to furnish types of diabetic testing strips.--With respect to the program described in subparagraph (A), the Secretary shall reject a bid submitted by an entity if the entity does not, as part of the demonstration to the Secretary described in such subparagraph submitted by the entity, demonstrate that the entity has an ability to furnish the types of diabetic testing strips included in its bid, including an ability to obtain and maintain an inventory of such strips by volume in a manner consistent with its bid. ``(D) Use of unlisted types in calculation of percentage.--In determining under subparagraph (A) whether a bid submitted by an entity under such subparagraph covers 50 percent (or such higher percentage as the Secretary may specify) of all types of diabetic testing strip products, the Secretary may not attribute a percentage to types of diabetic testing strips that the Secretary does not provide the entity with the option to identify by type and market share volume. ``(E) Contract requirement.--Any contract entered into with an entity for diabetic testing strips under the competition conducted pursuant to paragraph (1) shall include a requirement that the entity offers, makes available to, and maintains in inventory of (or otherwise has ready access to, such as through purchasing contracts) each of the types of diabetic testing strip products that is included in the bid submitted by the entity. In the case that an entity enters into such a contract with the Secretary and fails to fulfill the requirement described in the preceding sentence, the Secretary shall terminate such contract. ``(F) Monitoring adherence to demonstration.--The Secretary shall establish a process to monitor, on an ongoing basis, the extent to which an entity that enters into a contract with the Secretary for diabetic testing strips under the competition conducted pursuant to paragraph (1) adheres to the demonstration that the entity provided to the Secretary under subparagraph (A).''. (2) Conforming amendment.--Section 1847(b)(3)(A) of the Social Security Act (42 U.S.C. 1395w-3(b)(3)(A)) is amended by adding at the end the following new sentence: ``In the case that such a contract is for diabetic testing strips, such contract shall include the information required under paragraph (10)(E).'' (b) Codifying and Expanding Anti-Switching Rule.--Section 1847(b) of the Social Security Act (42 U.S.C. 1395w-3(b)), as amended by subsection (a)(1), is further amended-- (1) by redesignating paragraph (11) as paragraph (12); and (2) by inserting after paragraph (10) the following new paragraph: ``(11) Additional special rule in case of competition for diabetic testing strips.-- ``(A) In general.--With respect to diabetic testing strips furnished by an entity to an individual under the competitive acquisition program established under this section, the entity shall furnish to the individual the brand of such strips that is compatible with the home blood glucose monitor selected by the individual. ``(B) Prohibition on influencing and incentivizing.--An entity described in subparagraph (A) may not attempt to influence or incentivize the individual described in such subparagraph to switch the brand of glucose monitor or testing strips selected by the individual, including by-- ``(i) persuading, pressuring, or advising the individual to switch such brand; or ``(ii) furnishing information about alternative brands to the individual in the case that the individual has not requested such information. ``(C) Provision of information.--An entity described in subparagraph (A) may not communicate directly to an individual described in such subparagraph until the entity has verbally provided the individual with standardized information, to be supplied to the entity by the Secretary, that describes the rights of the individual with respect to the entity. The information described in the preceding sentence shall include information regarding-- ``(i) the requirements established in subparagraphs (A) and (B); ``(ii) the right of the individual to contact other mail order suppliers of diabetic testing strips or to purchase such strips at a retail pharmacy in the case that the entity is not able to furnish the brand of such strips that is compatible with the home blood glucose monitor selected by the individual; and ``(iii) the right of the individual described in subparagraph (D) to reject diabetic testing strips furnished to the individual by the entity. ``(D) Individuals allowed to switch from unwanted products.-- ``(i) In general.--The Secretary shall establish a process under which an individual furnished with diabetic testing strips under the competitive acquisition program established under this section may reject the strips by notification, including notification by telephone or electronic mail, to the supplier and to the Secretary. ``(ii) Consequences of rejection.--In the case that an individual rejects diabetic testing strips under clause (i)-- ``(I) any payment made to the supplier under this title for a portion of such strips furnished for use during the period beginning with the date on which the individual rejects the strips shall be recovered by the Secretary; and ``(II) the individual may obtain different diabetic testing strips from a supplier, and the Secretary shall process a claim for such different diabetic testing strips without regard to any benefit or coverage limitations arising from the fact that a claim has already been submitted and payment made for the rejected diabetic testing strips. ``(iii) Prohibition on future claims.--In the case that an individual rejects diabetic testing strips under clause (i), the supplier who supplied the rejected diabetic testing strips to the individual may not submit additional claims for payment on behalf of the individual for the type or brand of diabetic testing strips so rejected by the individual, unless the individual makes a separate expression of consent to the supplier to be furnished with such type or brand of diabetic testing strips by the supplier.''. (c) Effective Date.--The amendments made by this section shall apply with respect to diabetic testing strips furnished on or after July 1, 2016. | Protecting Access to Diabetes Supplies Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to revise the special competitive acquisition program rule applied to diabetic testing strips to require the volume for such types of products to be determined through the use of multiple sources of data that measure consumption and utilization of such strips among individuals in the United States. Directs the Secretary of Health and Human Services to reject any bid submitted by an entity under the competitive acquisition program that does not demonstrate that it can furnish the types of strips included in its bid. Requires an entity to furnish to an individual the brand of strips compatible with the individual's home blood glucose monitor. Prohibits an entity from attempting to influence or incentivize an individual to switch the brand of glucose monitor or testing strips selected. Prohibits an entity from communicating directly to such an individual until it has given the individual verbally standardized information about the individual's rights with respect to the entity. Directs the Secretary to establish a process under which an individual furnished with diabetic testing strips under a competitive acquisition program may reject them by notifying the supplier and the Secretary. Permits the individual to obtain different strips from another supplier and have a new claim processed. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Grow American Incomes Now Act of 2017'' or the ``GAIN Act of 2017''. SEC. 2. MODIFICATION OF EARNED INCOME TAX CREDIT. (a) In General.-- (1) Increase in credit percentage.--The table in section 32(b)(1) of the Internal Revenue Code of 1986 is amended-- (A) by striking ``7.65'' in the second column (relating to credit percentage) and inserting ``30''; (B) by striking ``7.65'' in the third column (relating to phaseout percentage) and inserting ``15.98''; (C) by striking ``34'' and inserting ``65.28''; (D) by striking ``40'' and inserting ``76.80''; and (E) by striking ``45'' and inserting ``86.40''. (2) Earned income amount and phaseout amount.-- (A) In general.--Subparagraph (A) of section 32(b)(2) of such Code is amended by striking ``Subject to subparagraph (B), the earned income amount and the phaseout amount'' and inserting ``Subject to subparagraph (B)-- ``(i) Phaseout amount.--The phaseout amount is $18,340. ``(ii) Earned income amount.--The earned income amount''. (B) Credit phase-in ends.--Section 32(b)(2)(A)(ii) of such Code, as amended by subparagraph (A), is further amended by striking the table and inserting the following: ``In the case of an The earned income eligible individual with: amount is: 1 qualifying child................................. $10,000 2 or more qualifying children...................... $14,040 No qualifying children............................. $10,000.''. (b) Eligibility Age.--Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking ``25'' and inserting ``21''. (c) Conforming and Technical Amendment.--Paragraph (1) of section 32(j) of the Internal Revenue Code of 1986 is amended to read as follows: ``(1) In general.--In the case of any taxable year beginning after 2016, each of the dollar amounts in subsections (b)(2) and (i)(1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined-- ``(i) in the case of amounts in subsection (b)(2)(A), by substituting `calendar year 2016' for `calendar year 1992' in subparagraph (B) thereof, and ``(ii) in the case of amounts in subsection (i)(1), by substituting `calendar year 1995' for `calendar year 1992' in subparagraph (B) thereof.''. (d) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2016. SEC. 3. ADVANCE PAYMENT OF EARNED INCOME CREDIT. (a) In General.--Chapter 25 of subtitle C of the Internal Revenue Code of 1986 is amended by inserting after section 3506 the following new section: ``SEC. 3507. ADVANCE PAYMENT OF EARNED INCOME CREDIT. ``(a) Advance Payment.-- ``(1) In general.--An employer making payment of wages to an employee with respect to whom an eligibility certificate is in effect shall, at the time of paying such wages for the payroll period elected by the employee under paragraph (2), make an additional lump sum payment to such employee equal to the earned income advance amount (except as provided in subsection (b)(1)(C)(ii)) of such employee. ``(2) Payments available after 6 months of employment during calendar year.--For purposes of paragraph (1), an employee with respect to whom an eligibility certificate is in effect for the calendar year may elect to receive the earned income advance amount at the same time as wages for any payroll period which begins after the employee has been paid wages by the employer for a period of not less than 6 months during such calendar year. ``(b) Eligibility Certificate.-- ``(1) In general.--For purposes of this section, an eligibility certificate is a statement submitted by an employee to the employer which-- ``(A) certifies that the employee is eligible to receive the credit provided by section 32 for the taxable year, ``(B) certifies that the employee does not have an eligibility certificate in effect for the calendar year with respect to the payment of wages by another employer, and ``(C) certifies that-- ``(i) an eligibility certificate has not been in effect for the spouse of the employee on any date during the calendar year, or ``(ii) such a certificate is in effect for the spouse of the employee, and the employee is eligible to receive only \1/2\ the earned income advance amount otherwise determined with respect to the employee. ``(2) Employer not responsible for verification.--For purposes of this section, an employer shall not-- ``(A) be required to verify any certification made by an employee in the statement described in paragraph (1), or ``(B) be held liable for any false claims or statements made by an employee in regards to such statement. ``(c) Earned Income Advance Amount.-- ``(1) Determination of amount.-- ``(A) In general.--Subject to subparagraph (B), the term `earned income advance amount' means, with respect to any payroll period, the amount determined-- ``(i) on the basis of the wages of the employee from the employer during such calendar year through such payroll period, and ``(ii) in accordance with tables issued by the Secretary. ``(B) Limitation.--For each calendar year, except as provided in subparagraph (C), the earned income advance amount shall not exceed $500. ``(C) Adjustment for inflation.-- ``(i) In general.--In the case of any taxable year beginning after 2019, the $500 amount in subparagraph (B) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting `calendar year 2018' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the nearest multiple of $10. ``(2) Armed forces.--In the case of an employee who is a member of the Armed Forces of the United States, the earned income advance amount shall be determined by taking into account the total wages of such employee, as determined for purposes of section 32. ``(3) Advance amount tables.--For purposes of paragraph (1)(A)(ii), the tables issued by the Secretary shall be similar in form to the tables issued under section 3402 and, to the extent feasible, coordinated with such tables. ``(d) Payments To Be Treated as Payments of Withholding and FICA Taxes.-- ``(1) In general.--Payments made by an employer under subsection (a) to an employee-- ``(A) shall not be treated as payment of compensation, and ``(B) shall be treated as made out of-- ``(i) amounts required to be deducted and withheld for the payroll period under section 3401, ``(ii) amounts required to be deducted for the payroll period under section 3102, and ``(iii) amounts of the taxes imposed for the payroll period under section 3111, as if the employer had paid to the Secretary, on the day on which the wages are paid to the employee, an amount equal to such payments. ``(2) Advance payments exceed taxes due.--In the case of any employer, if for any payroll period the aggregate amount of earned income advance payments exceeds the sum of the amounts referred to in paragraph (1)(B), the employer shall pay only so much of such earned income advance payment as does not exceed such sum, and shall not make any further advance payments to the employee for the calendar year. ``(3) Failure to make advance payments.--Failure to make any payment of an earned income advance amount as required under this section shall be treated as the failure at such time to deduct and withhold under chapter 24 an amount equal to the earned income advance amount. ``(e) Submission of Certificate.-- ``(1) Effective period.--An eligibility certificate submitted to an employer at any time during the calendar year shall continue in effect with respect to the employee during such calendar year until revoked by the employee or until another such certificate takes effect under this section. ``(2) Requirement to revoke certificate.--In the case of an employee who has submitted an eligibility certificate under this section and subsequently becomes ineligible for the credit provided under section 32 for the taxable year, the employee shall, not later than 10 days after becoming ineligible for such credit, submit to the employer a revocation of such certificate. ``(3) Form and contents of certificate.--Eligibility certificates shall be in such form and contain such other information as the Secretary may by regulations prescribe. ``(f) Taxpayers Making Prior Fraudulent or Reckless Claims.-- ``(1) In general.--No earned income advance amount shall be paid under this section for any taxable year in the disallowance period. ``(2) Disallowance period.--For purposes of paragraph (1), the disallowance period is-- ``(A) the period of 10 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of an earned income advance amount under this section was due to fraud, and ``(B) the period of 2 taxable years after the most recent taxable year for which there was a final determination that the taxpayer's claim of an earned income advance amount under this section was due to reckless or intentional disregard of rules and regulations (but not due to fraud). ``(g) Taxable Year.--The term `taxable year' means the last taxable year of the employee under subtitle A beginning in the calendar year in which the wages are paid. ``(h) IRS Notification.--The Internal Revenue Service shall take such steps as may be appropriate to ensure that taxpayers who receive a refund of the credit under section 32 are aware of the availability of earned income advance amounts under this section.''. (b) Coordination With Advance Payments.--Section 32 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection: ``(g) Coordination With Advance Payments of Earned Income Credit.-- ``(1) Recapture of advance payments.--If any payment is made to the individual by an employer under section 3507 during any calendar year, then the tax imposed by this chapter for the individual's last taxable year beginning in such calendar year shall be increased by the aggregate amount of such payments. ``(2) Reconciliation of payments advanced and credit allowed.--Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit (other than the credit allowed by subsection (a)) allowable under this part.''. (c) Filing Requirement.--Section 6012(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (8) the following new paragraph: ``(9) Every individual who receives payments during the calendar year in which the taxable year begins under section 3507.''. (d) Receipts for Employees.--Section 6051(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph: ``(7) the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit),''. (e) Clerical Amendment.--The table of sections for chapter 25 of subtitle C of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 3506 the following new item: ``Sec. 3507. Advance payment of earned income credit.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date which is 1 year after the date of the enactment of this Act. | Grow American Incomes Now Act of 2017 or the GAIN Act This bill amends the Internal Revenue Code, with respect to the earned income tax credit (EITC), to: (1) increase specified credit and phaseout percentages, (2) increase the earned income amounts and the phaseout amounts, (3) decrease from 25 to 21 the minimum eligibility age for individuals without qualifying children, and (4) allow employees to elect to receive advance payments of the EITC from employers when wages are paid. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Technology Administration and National Institute of Standards and Technology Act of 2004''. SEC. 2. OFFICE OF THE UNDER SECRETARY FOR TECHNOLOGY. There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology and the Office of Technology Policy-- (1) $8,294,000 for fiscal year 2005; (2) $8,497,000 for fiscal year 2006; (3) $8,800,000 for fiscal year 2007; and (4) $8,927,000 for fiscal year 2008. SEC. 3. SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES. (a) Laboratory Activities.--There are authorized to be appropriated to the Secretary of Commerce for the scientific and technical research and services laboratory activities of the National Institute of Standards and Technology-- (1) $425,688,000 for fiscal year 2005, of which-- (A) $55,777,000 shall be for Electronics and Electrical Engineering; (B) $29,584,000 shall be for Manufacturing Engineering; (C) $50,142,000 shall be for Chemical Science and Technology; (D) $42,240,000 shall be for Physics; (E) $62,724,000 shall be for Material Science and Engineering; (F) $23,594,000 shall be for Building and Fire Research; (G) $60,660,000 shall be for Computer Science and Applied Mathematics, of which $2,800,000 shall be for activities in support of the Help America Vote Act of 2002; (H) $17,445,000 shall be for Technical Assistance; and (I) $78,102,000 shall be for Research Support Activities; (2) $446,951,000 for fiscal year 2006; (3) $469,299,000 for fiscal year 2007; and (4) $492,764,000 for fiscal year 2008. (b) Malcolm Baldrige National Quality Award Program.--There are authorized to be appropriated to the Secretary of Commerce for the Malcolm Baldrige National Quality Award program under section 17 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)-- (1) $5,400,000 for fiscal year 2005; (2) $5,535,000 for fiscal year 2006; (3) $5,674,000 for fiscal year 2007; and (4) $5,815,000 for fiscal year 2008. (c) Construction and Maintenance.--There are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology-- (1) $59,000,000 for fiscal year 2005; (2) $91,000,000 for fiscal year 2006; (3) $80,000,000 for fiscal year 2007; and (4) $106,000,000 for fiscal year 2008. SEC. 4. INDUSTRIAL TECHNOLOGY SERVICES. There are authorized to be appropriated to the Secretary of Commerce for Industrial Technology Services activities of the National Institute of Standards and Technology-- (1) $285,000,000 for fiscal year 2005, of which-- (A) $179,000,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n), of which at least $60,700,000 shall be for new awards; and (B) $106,000,000 shall be for the Manufacturing Extension Partnership program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); (2) $292,125,000 for fiscal year 2006, of which-- (A) $183,475,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $108,650,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); (3) $299,428,100 for fiscal year 2007, of which-- (A) $188,062,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $111,366,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); and (4) $306,913,000 for fiscal year 2008, of which-- (A) $192,763,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $114,150,000 shall be for the Manufacturing Extension Partnership Program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). SEC. 5. STANDARDS EDUCATION PROGRAM. (a) Program Authorized.--(1) As part of the Teacher Science and Technology Enhancement Institute Program, the Director of the National Institute of Standards and Technology shall carry out a Standards Education program to award grants to institutions of higher education to support efforts by such institutions to develop curricula on the role of standards in the fields of engineering, business, science, and economics. The curricula should address topics such as-- (A) development of technical standards; (B) demonstrating conformity to standards; (C) intellectual property and antitrust issues; (D) standardization as a key element of business strategy; (E) survey of organizations that develop standards; (F) the standards life cycle; (G) case studies in effective standardization; (H) managing standardization activities; and (I) managing organizations that develop standards. (2) Grants shall be awarded under this section on a competitive, merit-reviewed basis and shall require cost-sharing from non-Federal sources. (b) Selection Process.--(1) An institution of higher education seeking funding under this section shall submit an application to the Director at such time, in such manner, and containing such information as the Director may require. The application shall include at a minimum-- (A) a description of the content and schedule for adoption of the proposed curricula in the courses of study offered by the applicant; and (B) a description of the source and amount of cost-sharing to be provided. (2) In evaluating the applications submitted under paragraph (1) the Director shall consider, at a minimum-- (A) the level of commitment demonstrated by the applicant in carrying out and sustaining lasting curricula changes in accordance with subsection (a)(1); and (B) the amount of cost-sharing provided. (c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for the Teacher Science and Technology Enhancement Institute program of the National Institute of Standards and Technology-- (1) $773,000 for fiscal year 2005; (2) $796,000 for fiscal year 2006; (3) $820,000 for fiscal year 2007; and (4) $844,000 for fiscal year 2008. SEC. 6. ENTERPRISE INTEGRATION. There are authorized to be appropriated to the Secretary of Commerce for activities of the National Institute of Standards and Technology under the Enterprise Integration Act of 2002-- (1) $20,000,000 for fiscal year 2005; (2) $20,500,000 for fiscal year 2006; (3) $21,013,000 for fiscal year 2007; and (4) $21,538,000 for fiscal year 2008. | Technology Administration and National Institute of Standards and Technology Act of 2004 - Authorizes appropriations to the Secretary of Commerce for the: (1) Under Secretary for Technology and the Office of Technology Policy's activities; (2) National Institute of Standards and Technology (NIST) scientific and technical research and services laboratories activities; (3) Malcolm Baldrige National Quality Award program; (4) NIST facilities construction and maintenance; (5) NIST industrial technology services; (6) Teacher Science and Technology Enhancement Institute program; and (7) NIST under the Enterprise Integration Act of 2002. Requires: (1) the Director of NIST to carry out a Standards Education program to award competitive, merit-reviewed grants to institutions of higher education to support their efforts to develop curricula on the role of standards in the fields of engineering, business, science, and economics. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Wounded Warriors Expansion of Care Act of 2007''. SEC. 2. MEDICAL CARE AND OTHER BENEFITS FOR MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES WITH SEVERE INJURIES OR ILLNESSES. (a) Medical and Dental Care for Members and Former Members.-- (1) In general.--Effective as of the date of the enactment of this Act and subject to regulations prescribed by the Secretary of Defense, any covered member of the Armed Forces, and any former member of the Armed Forces, with a severe injury or illness is entitled to medical and dental care in any facility of the uniformed services under section 1074(a) of title 10, United States Code, or through any civilian health care provider authorized by the Secretary to provide health and mental health services to members of the uniformed services, including traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD), as if such member or former member were a member of the uniformed services described in paragraph (2) of such section who is entitled to medical and dental care under such section. (2) Period of authorized care.--(A) Except as provided in subparagraph (B), a member or former member described in paragraph (1) is entitled to care under that paragraph-- (i) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated during the period beginning on October 7, 2001, and ending on the date of the enactment of this Act, during the three-year period beginning on the date of the enactment of this Act, except that no compensation is payable by reason of this subsection for any period before the date of the enactment of this Act; or (ii) in the case of a member or former member whose severe injury or illness concerned is incurred or aggravated on or after the date of the enactment of this Act, during the three-year period beginning on the date on which such injury or illness is so incurred or aggravated. (B) The period of care authorized for a member or former member under this paragraph may be extended by the Secretary concerned for an additional period of up to two years if the Secretary concerned determines that such extension is necessary to assure the maximum feasible recovery and rehabilitation of the member or former member. Any such determination shall be made on a case-by-case basis. (3) Integrated care management.--The Secretary of Defense shall provide for a program of integrated care management in the provision of care and services under this subsection, which management shall be provided by appropriate medical and case management personnel of the Department of Defense and the Department of Veterans Affairs (as approved by the Secretary of Veterans Affairs) and with appropriate support from the Department of Defense regional health care support contractors. (4) Waiver of limitations to maximize care.--The Secretary of Defense may, in providing medical and dental care to a member or former member under this subsection during the period referred to in paragraph (2), waive any limitation otherwise applicable under chapter 55 of title 10, United States Code, to the provision of such care to the member or former member if the Secretary considers the waiver appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member. (5) Construction with eligibility for veterans benefits.-- Nothing in this subsection shall be construed to reduce, alter, or otherwise affect the eligibility or entitlement of a member or former member of the Armed Forces to any health care, disability, or other benefits to which the member of former member would otherwise be eligible or entitled as a veteran under the laws administered by the Secretary of Veterans Affairs. (6) Sunset.--The Secretary of Defense may not provide medical or dental care to a member or former member of the Armed Forces under this subsection after December 31, 2012, if the Secretary has not provided medical or dental care to the member or former member under this subsection before that date. (b) Rehabilitation and Vocational Benefits.-- (1) In general.--Effective as of the date of the enactment of this Act, a member of the Armed Forces with a severe injury or illness is entitled to such benefits (including rehabilitation and vocational benefits, but not including compensation) from the Secretary of Veterans Affairs to facilitate the recovery and rehabilitation of such member as the Secretary otherwise provides to members of the Armed Forces receiving medical care in medical facilities of the Department of Veterans Affairs facilities in order to facilitate the recovery and rehabilitation of such members. (2) Limitations.--The provisions of paragraphs (2) through (6) of subsection (a) shall apply to the provision of benefits under this subsection as if the benefits provided under this subsection were provided under subsection (a). (3) Reimbursement.--The Secretary of Defense shall reimburse the Secretary of Veterans Affairs for the cost of any benefits provided under this subsection in accordance with applicable mechanisms for the reimbursement of the Secretary of Veterans Affairs for the provision of medical care to members of the Armed Forces. (c) Recovery of Certain Expenses of Medical Care and Related Travel.-- (1) In general.--Commencing not later than 60 days after the date of the enactment of this Act, the Secretary of the military department concerned may reimburse covered members of the Armed Forces, and former members of the Armed Forces, with a severe injury or illness for covered expenses incurred by such members or former members, or their family members, in connection with the receipt by such members or former members of medical care that is required for such injury or illness. (2) Covered expenses.--Expenses for which reimbursement may be made under paragraph (1) include the following: (A) Expenses for health care services for which coverage would be provided under section 1074(c) of title 10, United States Code, for members of the uniformed services on active duty. (B) Expenses of travel of a non-medical attendant who accompanies a member or former member of the Armed Forces for required medical care that is not available to such member or former member locally, if such attendant is appointed for that purpose by a competent medical authority (as determined under regulations prescribed by the Secretary of Defense for purposes of this subsection). (C) Such other expenses for medical care as the Secretary may prescribe for purposes of this subsection. (3) Amount of reimbursement.--The amount of reimbursement under paragraph (1) for expenses covered by paragraph (2) shall be determined in accordance with regulations prescribed by the Secretary of Defense for purposes of this subsection. (d) Severe Injury or Illness Defined.--In this section, the term ``severe injury or illness'' means any serious injury or illness that is assigned a disability rating of 30 percent or higher under the schedule for rating disabilities in use by the Department of Defense. (e) Additional Definitions.--In this Act: (1) Covered member of the armed forces.--The term ``covered member of the Armed Forces'' means a member of the Armed Forces, including a member of the National Guard or a Reserve, who is undergoing medical treatment, recuperation, or therapy, is otherwise in medical hold or medical holdover status, or is otherwise on the temporary disability retired list for a serious injury or illness. (2) Family member.--The term ``family member'', with respect to a member of the Armed Forces or a veteran, has the meaning given that term in section 411h(b) of title 37, United States Code. (3) Medical hold or medical holdover status.--The term ``medical hold or medical holdover status'' means-- (A) the status of a member of the Armed Forces, including a member of the National Guard or Reserve, assigned or attached to a military hospital for medical care; and (B) the status of a member of a reserve component of the Armed Forces who is separated, whether pre- deployment or post-deployment, from the member's unit while in need of health care based on a medical condition identified while the member is on active duty in the Armed Forces. (4) Serious injury or illness.--The term ``serious injury or illness'', in the case of a member of the Armed Forces, means an injury or illness incurred by the member in line of duty on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating. | Wounded Warriors Expansion of Care Act of 2007 - Entitles any recovering member and any former member with a severe injury or illness to medical and dental care in any military medical facility or through any civilian health care provider authorized by the Secretary of Defense to provide health and mental health services, including services for traumatic brain injury and post-traumatic stress disorder. Authorizes such medical and dental care for three years beginning on the date: (1) of enactment of this Act, for those whose injury or illness was incurred on or after October 7, 2001, and before the enactment of this Act; and (2) on which the injury or illness is incurred, for those whose injury or illness occurs on or after the enactment of this Act. Authorizes the Secretary to waive any limitation on the provision of such care if considered appropriate to assure the maximum feasible recovery and rehabilitation of the member or former member. Prohibits the Secretary from providing such medical and dental care after December 31, 2012, if the Secretary has not provided such care to such member or former member before that date. Entitles members with a severe injury or illness to rehabilitation and vocational benefits from the Secretary of Veterans Affairs. Authorizes the Secretary of the military department concerned to reimburse recovering members and former members with a severe injury or illness for certain expenses incurred in connection with the receipt of required medical care. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Runaway and Homeless Youth Inclusion Act of 2013''. SEC. 2. CULTURAL COMPETENCY OF SERVICE PROVIDERS. (a) Basic Centers.--Section 312(b) of the Runaway and Homeless Youth Act (42 U.S.C. 5712(b)) is amended-- (1) in paragraph (6) by inserting after ``cultural minority'' the following: ``, persons who are in a minority category related to sexual orientation or gender identity or expression,''; (2) in paragraph (7) by inserting after ``services),'' the following: ``including demographics on the sexual orientation and gender identity or expression of the youth it serves,''; (3) in paragraph (12)(C)(ii) by striking ``and'' at the end; (4) in paragraph (13) by striking the period at the end and inserting ``; and''; and (5) by adding at the end the following: ``(14) shall serve youth in a manner that is culturally competent.''. (b) Transitional Living Programs.--Section 322(a) of such Act (42 U.S.C. 5714-2(a)) is amended-- (1) in paragraph (15) by striking ``and'' at the end; (2) in paragraph (16) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(17) to serve youth in a manner that is culturally competent.''. (c) Sexual Abuse Prevention Programs.--Section 351 of such Act (42 U.S.C. 5714-41) is amended by adding at the end the following: ``(c) Qualification Requirement.--To be eligible to receive grants under subsection (a), an applicant shall certify to the Secretary that the applicant has systems in place to ensure that the applicant provides services to all youth in a culturally competent manner.''. SEC. 3. ADDITIONAL FINDING. (a) Finding.--Section 302 of the Runaway and Homeless Youth Act (42 U.S.C. 5701) is amended-- (1) in paragraph (5) by striking ``and'' at the end; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) lesbian, gay, bisexual, and transgender youth comprise an estimated 3 to 5 percent of the youth population of the United States but such youth account for up to 40 percent of the homeless youth population of the United States; and''. SEC. 4. ADDITIONAL PURPOSES. Section 311(a)(2)(C) of the Runaway and Homeless Youth Act (42 U.S.C. 5711(a)(2)(C)) is amended-- (1) in clause (iii) by striking ``and'' at the end; (2) in clause (iv) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: ``(v) family assessment, intervention, and reunification services for families of sexual and gender minority youth; and ``(vi) providing resources for families of sexual and gender minority youth who may be struggling with understanding or accepting the sexual orientation or gender identity or expression of the individual.''. SEC. 5. REPORT REQUIREMENT. Section 345(a) of the Runaway and Homeless Youth Act (42 U.S.C. 5714-25(a)) is amended-- (1) in paragraph (1) by striking ``and'' at the end; and (2) by adding at the end the following: ``(3) that includes data on the demographics of such individuals, including whether such individuals are sexual and gender minority youth; and ``(4) that does not disclose the identity of individual runaway or homeless youth.''. SEC. 6. INCLUSION OF NONDISCRIMINATION STATEMENT IN RUNAWAY AND HOMELESS YOUTH ACT. Part F of title III of the Runaway and Homeless Youth Act (42 U.S.C. 5714a et seq.) is amended by adding at the end the following: ``SEC. 390. NONDISCRIMINATION. ``(a) In General.--No person in the United States shall, on the basis of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity or expression, or disability, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under-- ``(1) any program or activity funded in whole or in part with funds made available under this title; or ``(2) any program or activity funded in whole or in part with funds appropriated for grants, agreements, and other assistance administered with funds made available under this title. ``(b) Discrimination.--The authority of the Attorney General and the Office of Justice Programs to enforce this section shall be the same as it is under section 809 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3789d). ``(c) Limitation on Statutory Construction.--Nothing in this section may be construed, interpreted, or applied to supplant, displace, preempt, or otherwise diminish the responsibilities and liabilities under other State or Federal civil rights law, whether statutory or common.''. SEC. 7. DEFINITIONS. Section 387 of the Runaway and Homeless Youth Act (42 U.S.C. 5732a) is amended-- (1) by redesignating paragraphs (5) through (8) as paragraphs (9) through (12), respectively; (2) by redesignating paragraphs (2) through (4) as paragraphs (4) through (6), respectively; (3) by redesignating paragraph (1) as paragraph (2); (4) by inserting after ``In this title:'' the following: ``(1) Culturally competent.--The term `culturally competent' means-- ``(A) having a defined set of values and principles and demonstrate behaviors, attitudes, policies, and structures that enable effective working relationships with individuals of diverse backgrounds, including sexual and gender minority youth; and ``(B) having the demonstrated capacity to-- ``(i) value diversity; ``(ii) conduct self-assessment; ``(iii) manage the dynamics of difference; ``(iv) acquire and institutionalize cultural knowledge; and ``(v) adapt to diversity and cultural contexts of a community.''; (5) by inserting after paragraph (2) (as redesignated by paragraph (3) of this section) the following: ``(3) Gender identity or expression.--The term `gender identity or expression' means an individual's gender-related identity, appearance, or behavior, whether or not that identity, appearance, or behavior differs from that which is traditionally associated with the individual's physiology or assigned sex at birth.''; and (6) by inserting after paragraph (6) (as redesignated by paragraph (2) of this section) the following: ``(7) Sexual and gender minority youth.--The term `sexual and gender minority youth' means a runaway or homeless youth covered under this Act who is in a minority category related to sexual orientation or gender identity or expression. ``(8) Sexual orientation.--The term `sexual orientation' means homosexuality, heterosexuality, or bisexuality.''. | Runaway and Homeless Youth Inclusion Act of 2013 - Amends the Runaway and Homeless Youth Act to revise requirements for services provided under grants from the Secretary of Health and Human Services (HHS) for centers for runaway and homeless youth and their families. Requires the plan proposed by grant applicants for a runaway and homeless youth center to: provide services to persons in a minority category related to sexual orientation or gender identity or expression, include demographics on the sexual orientation and gender identity or expression of the youth it serves within its statistical records, and serve youth in a manner that is culturally competent. Revises requirements for: transitional living programs for homeless youth to require such programs to serve them in a manner that is culturally competent, and sexual abuse prevention programs to require certification to HHS that these programs have systems in place to ensure services to all youth in such a manner. Requires the HHS report on periodic estimates of incidence and prevalence of youth homelessness to include data on the demographics of such individuals (except identity), including whether they are sexual and gender minority youth. Prohibits any person in the United States, on the basis of actual or perceived race, color, religion, national origin, sex, sexual orientation, gender identity or expression, or disability, from being excluded from participation in, denied the benefits of, or subjected to discrimination under: (1) any program or activity funded in whole or in part with funds made available under the Act; or (2) any program or activity funded in whole or in part with funds appropriated for grants, agreements, and other assistance administered with such funds. Grants the Attorney General and the Office of Justice Programs the same authority to enforce this Act as granted under the Omnibus Crime Control and Safe Streets Act of 1968. |
SECTION 1. REGISTRATION OF FOREIGN PESTICIDES BY STATES. (a) In General.--Section 24 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136v) is amended by adding at the end the following: ``(d) Registration of Foreign Pesticides by States.-- ``(1) Definitions.--In this subsection: ``(A) Comparable domestic pesticide.--The term `comparable domestic pesticide' means a pesticide that-- ``(i) is registered under section 3; ``(ii) is not subject to a notice of intent to cancel or suspend or an enforcement action under section 12, based on the labeling or composition of the pesticide; ``(iii) is used as the basis for comparison for the determinations required under paragraph (3); and ``(iv) is labeled for use on the site or crop for which registration is sought under this subsection on the basis of a use that is not the subject of a pending interim administrative review under section 3(c)(8). ``(B) Foreign pesticide.--The term `foreign pesticide' means a pesticide that-- ``(i) is registered for use as a pesticide in a foreign country; ``(ii) is identical or substantially similar in its composition to any pesticide registered under section 3; and ``(iii) is registered by the registrant of a comparable domestic pesticide or an affiliated entity of the registrant. ``(2) Authority to register foreign pesticides.-- ``(A) In general.--On the request of 1 or more agricultural producers or on the initiative of a State, the State may register a foreign pesticide for distribution and use in the State if the registration is consistent with this subsection and other provisions of this Act and is approved by the Administrator. ``(B) Effect of registration.-- ``(i) In general.--Except as provided in clause (ii), on approval by the Administrator, the registration of a foreign pesticide by a State shall be considered a registration of the pesticide under section 3. ``(ii) Distribution to other states.--A foreign pesticide that is registered by a State under this subsection and distributed to a person in that State shall not be transported to, or used by, a person in another State unless the distribution and use is consistent with the registration by the original State. ``(C) Registrant.--A State that registers a foreign pesticide under this subsection shall be considered the registrant of the foreign pesticide under this Act. ``(3) State requirements for registration.--To register a foreign pesticide under this subsection, a State shall-- ``(A)(i) determine whether the foreign pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; and ``(ii) submit the proposed registration to the Administrator only if the State determines that the foreign pesticide is identical or substantially similar in its composition to a comparable domestic pesticide; ``(B) for each food or feed use authorized by the registration-- ``(i) determine whether there exists a tolerance or exemption under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) that permits the residues of the pesticide on the food or feed; ``(ii) identify the tolerances or exemptions in the submission made under subparagraph (D); and ``(iii) describe in the submission the proposed application of the tolerances to meet special local needs; ``(C) require that the pesticide bear a label that-- ``(i) specifies the information that is required to comply with section 3(c)(5); ``(ii) identifies itself as the only valid label; ``(iii) identifies the State in which the product may be used; ``(iv) identifies the approved use and includes directions for use, use restrictions, and precautions that are identical or substantial similar to the directions for use, use restrictions, and precautions that are on the approved label of the comparable domestic pesticide; and ``(v) includes a statement indicating that it is unlawful to distribute or use the foreign pesticide in the State in a manner that is inconsistent with the registration of the pesticide by the State; and ``(D) submit to the Administrator a description of the proposed registration of the foreign pesticide that includes a statement of the determinations made under this paragraph, the proposed labeling for the foreign pesticide, and related supporting documentation. ``(4) Approval of registration by administrator.-- ``(A) In general.--Not later than 60 days after receipt of the proposed registration of a foreign pesticide by a State submitted under paragraph (3)(D), the Administrator shall approve the proposed registration if the Administrator determines that the proposed registration of the foreign pesticide by the State is consistent with this subsection and other provisions of this Act. ``(B) Notice of approval.--No registration of a foreign pesticide by a State under this subsection shall be considered approved, or be effective, until the Administrator provides notice of approval of the registration in writing to the State. ``(C) Harmonization of registrations.--In carrying out this subsection, the Administrator shall take into account the priority of harmonizing the registrations of foreign pesticides and comparable domestic pesticide in accordance with the United States-Canada Free Trade Agreement, the North American Free Trade Agreement, and other applicable agreements and treaties. ``(5) Labeling of foreign pesticides.-- ``(A) Distribution.--After a notice of the approval of a foreign pesticide by a State is received by the State, the State shall make labels approved by the State and the Administrator available to persons seeking to distribute the foreign pesticide in the State. ``(B) Use.--A foreign pesticide that is registered by a State under this subsection may be used within the State only if the foreign pesticide bears the approved label for use in the State. ``(C) Containers.--Each container containing a foreign pesticide registered by a State shall, before the transportation of the foreign pesticide into the State and at all times the foreign pesticide is distributed or used in the State, bear a label that is approved by the State and the Administrator. ``(D) Report.--A person seeking to distribute a foreign pesticide registered by a State shall provide to the State a report that-- ``(i) identifies the person that will receive and use the foreign pesticide in the State; and ``(ii) states the quantity of the foreign pesticide that will be transported into the State. ``(E) Affixing labels.--The act of affixing a label to a foreign pesticide under this subsection shall not be considered production for the purposes of this Act. ``(6) Annual reports.-- ``(A) Preparation.--A State registering 1 or more foreign pesticides under this subsection shall prepare an annual report that-- ``(i) identifies the foreign pesticides that are registered by the State; ``(ii) identifies the users of foreign pesticides used in the State; and ``(iii) states the quantity of foreign pesticides used in the State. ``(B) Availability.--On the request of the Administrator, the State shall provide a copy of the annual report to the Administrator. ``(7) Recalls.--If the Administrator determines that it is necessary under this Act to terminate the distribution or use of a foreign pesticide in a State, on the request of the Administrator, the State shall recall the foreign pesticide. ``(8) Suspension of state authority to register foreign pesticides.-- ``(A) In general.--If the Administrator finds that a State that has registered 1 or more foreign pesticides under this subsection is not capable of exercising adequate controls to ensure that registration under this subsection is consistent with this subsection and other provisions of this Act or has failed to exercise adequate control over 1 or more foreign pesticides, the Administrator may suspend the authority of the State to register foreign pesticides under this subsection until such time as the Administrator determines that the State can and will exercise adequate control of the foreign pesticides. ``(B) Notice and opportunity to respond.--Before suspending the authority of a State to register a foreign pesticide, the Administrator shall-- ``(i) advise the State that the Administrator proposes to suspend the authority and the reasons for the proposed suspension; and ``(ii) provide the State with an opportunity time to respond to the proposal to suspend. ``(9) Disclosure of information by administrator to the state.--The Administrator may disclose to a State that is seeking to register a foreign pesticide in the State information that is necessary for the State to make the determinations required by paragraph (3) if the State certifies to the Administrator that the State can and will maintain the confidentiality of any trade secrets or commercial or financial information that was marked under section 10(a) provided by the Administrator to the State under this subsection to the same extent as is required under section 10. ``(10) Provision of information by registrants of comparable domestic pesticides.--If a State registers a foreign pesticide, and a registrant of a comparable domestic pesticide that is (directly or through an affiliate) a foreign registrant fails to provide to the State the information possessed by the registrant that is necessary to make the determinations required by paragraph (3), the Administrator may suspend without a hearing all pesticide registrations issued to the registrant under this Act. ``(11) Patents.--Title 35, United States Code, shall not apply to a foreign pesticide registered by a State under this subsection that is transported into the United States or to any person that takes an action with respect to the foreign pesticide in accordance with this subsection. ``(12) Submissions.--A submission by a State under this section shall not be considered an application under section 3(c)(1)(F).''. (b) Conforming Amendment.--The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is amended by adding at the end of the items relating to section 24 the following: ``(d) Registration of foreign pesticides by States. ``(1) Definitions. ``(2) Authority to register foreign pesticides. ``(3) State requirements for registration. ``(4) Approval of registration by Administrator. ``(5) Labeling of foreign pesticides. ``(6) Annual reports. ``(7) Recalls. ``(8) Suspension of State authority to register foreign pesticides. ``(9) Disclosure of information by Administrator to the State. ``(10) Provision of information by registrants of comparable domestic pesticides. ``(11) Patents. ``(12) Submissions.''. (c) Effective Date.--This section and the amendments made by this section take effect 60 days after the date of enactment of this Act. | Amends the Federal Insecticide, Fungicide, and Rodenticide Act to allow a State, on the request of an agricultural producer or on the State's initiative, to register a foreign pesticide for distribution and use in the State if registration is consistent with such Act and is approved by the Administrator of the Environmental Protection Agency. Considers such registrations, on approval by the Administrator, as registrations under the Act. Bars the transport of such pesticides to, or use by, a person in another State unless the distribution and use is consistent with the registration by the original State. Sets forth requirements for foreign pesticide registration by a State and approval by the Administrator. Requires the Administrator, in carrying out this Act, to take into account the priority of harmonizing the registrations of foreign and comparable domestic pesticides in accordance with applicable agreements and treaties. Sets forth labeling requirements for foreign registered pesticides. Requires persons seeking to distribute such pesticides to provide to the State a report that: (1) identifies the person that will receive and use the pesticide in the State; and (2) states the quantity of the pesticide that will be transported into the State. Directs States registering foreign pesticides to prepare annual reports that identify such pesticides and the users of such pesticides and state the quantity of such pesticides used. Requires States, if the Administrator determines it necessary to terminate the distribution or use of a foreign pesticide, to recall the pesticide on the Administrator's request. Authorizes the Administrator to suspend the authority of a State to register foreign pesticides if a State is found incapable of exercising adequate controls to ensure that registration is consistent with the Act. Provides States with an opportunity to respond before suspension. Makes Federal patent law inapplicable to a foreign pesticide registered by a State that is transported into the United States or to any person that takes an action with respect to such pesticide in accordance with this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Business State Mandated Health Insurance Assistance Act of 2003''. SEC. 2. CREDIT FOR EMPLOYEE HEALTH INSURANCE EXPENSES RELATED TO STATE MANDATES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45G. EMPLOYEE HEALTH INSURANCE EXPENSES RELATED TO STATE MANDATES. ``(a) General Rule.--For purposes of section 38, in the case of a qualified small employer, the employee health insurance expenses credit determined under this section is an amount equal to 50 percent of the amount paid by the taxpayer during the taxable year for qualified employee health insurance expenses. ``(b) Per Employee Dollar Limitation.--The amount of qualified employee health insurance expenses taken into account under subsection (a) with respect to any qualified employee for any taxable year shall not exceed the maximum employer contribution for self-only coverage or family coverage (as applicable) determined under section 8906(a) of title 5, United States Code, for the calendar year in which such taxable year begins. ``(c) Definitions and Special Rules.--For purposes of this section-- ``(1) Qualified small employer.-- ``(A) In general.--The term `qualified small employer' means any small employer which-- ``(i) provides eligibility for health insurance coverage (after any waiting period (as defined in section 9801(b)(4))) to all qualified employees of the employer, and ``(ii) operates in a State in which the employer must provide such eligibility under State law. ``(C) Small employer.-- ``(i) In general.--For purposes of this paragraph, the term `small employer' means, with respect to any calendar year, any employer if such employer employed an average of not less than 2 and not more than 500 qualified employees on business days during either of the 2 preceding calendar years. For purposes of the preceding sentence, a preceding calendar year may be taken into account only if the employer was in existence throughout such year. ``(ii) Employers not in existence in preceding year.--In the case of an employer which was not in existence throughout the 1st preceding calendar year, the determination under clause (i) shall be based on the average number of qualified employees that it is reasonably expected such employer will employ on business days in the current calendar year. ``(2) Qualified employee health insurance expenses.-- ``(A) In general.--The term `qualified employee health insurance expenses' means any amount paid by an employer for health insurance coverage to the extent such amount is attributable to coverage provided to any employee while such employee is a qualified employee. ``(B) Exception for amounts paid under salary reduction arrangements.--No amount paid or incurred for health insurance coverage pursuant to a salary reduction arrangement shall be taken into account under subparagraph (A). ``(C) Health insurance coverage.--The term `health insurance coverage' has the meaning given such term by paragraph (1) of section 9832(b) (determined by disregarding the last sentence of paragraph (2) of such section). ``(3) Qualified employee.--The term `qualified employee' means an employee of an employer who, with respect to any period, provides services to such employer in a State described in paragraph (1)(A)(ii) and is not provided health insurance coverage under-- ``(A) a health plan of the employee's spouse, ``(B) title XVIII, XIX, or XXI of the Social Security Act, ``(C) chapter 17 of title 38, United States Code, ``(D) chapter 55 of title 10, United States Code, ``(E) chapter 89 of title 5, United States Code, or ``(F) any other provision of law. ``(4) Employee--The term `employee'-- ``(A) means any individual, with respect to any calendar year, who is reasonably expected to receive at least $5,000 of compensation from the employer during such year, ``(B) does not include an employee within the meaning of section 401(c)(1), and ``(C) includes a leased employee within the meaning of section 414(n). ``(5) Compensation.--The term `compensation' means amounts described in section 6051(a)(3). ``(d) Certain Rules Made Applicable.--For purposes of this section, rules similar to the rules of section 52 shall apply. ``(e) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to qualified employee health insurance expenses taken into account under subsection (a).''. (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting ``, plus'', and by adding at the end the following: ``(16) the employee health insurance expenses credit determined under section 45G.''. (c) Credit Allowed Against Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for employee health insurance credit.-- ``(A) In general.--In the case of the employee health insurance credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) the amounts in subparagraphs (A) and (B) thereof shall be treated as being zero, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the employee health insurance credit). ``(B) Employee health insurance credit.--For purposes of this subsection, the term `employee health insurance credit' means the credit allowable under subsection (a) by reason of section 45G(a).''. (2) Conforming amendments.--Subclause (II) of section 38(c)(2)(A)(ii) and subclause (II) of section 38(c)(3)(A)(ii) are each amended by inserting ``or the employee health insurance credit'' after ``employee credit''. (d) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(11) No carryback of section 45g credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the employee health insurance expenses credit determined under section 45G may be carried back to a taxable year ending before the date of the enactment of section 45G.''. (e) Clerical Amendment.--The table of sections for 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 the following: ``Sec. 45G. Employee health insurance expenses related to State mandates.''. (f) Employer Outreach.--The Internal Revenue Service shall, in conjunction with the Small Business Administration, develop materials and implement an educational program to ensure that business personnel are aware of-- (1) the eligibility criteria for the tax credit provided under section 45G of the Internal Revenue Code of 1986 (as added by this section), (2) the methods to be used in calculating such credit, and (3) the documentation needed in order to claim such credit, so that the maximum number of eligible businesses may claim the tax credit. (g) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after the date of the enactment of this Act. | Small Business State Mandated Health Insurance Assistance Act of 2003 - Amends the Internal Revenue Code to establish, in the case of a qualified small employer, a limited employee health insurance expenses credit. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Fuels Tax Suspension Act of 2000''. SEC. 2. TEMPORARY REDUCTION IN FUEL TAXES ON GASOLINE, DIESEL FUEL, KEROSENE, AND SPECIAL FUELS TO ZERO. (a) In General.--Section 4081 of the Internal Revenue Code of 1986 (relating to imposition of tax on gasoline, diesel fuel, and kerosene) is amended by adding at the end the following new subsection: ``(f) Temporary Reduction in Taxes on Gasoline, Diesel Fuel, Kerosene, and Special Fuels.-- ``(1) In general.--During the applicable period, each rate of tax referred to in paragraph (2) shall be reduced to zero. ``(2) Rates of tax.--The rates of tax referred to in this paragraph are the rates of tax otherwise applicable under-- ``(A) clauses (i) and (iii) of subsection (a)(2)(A) (relating to gasoline, diesel fuel, and kerosene), and ``(B) paragraphs (1), (2), and (3) of section 4041(a) (relating to diesel fuel and special fuels) and section 4041(m) (relating to certain alcohol fuels) with respect to fuel sold for use or used in a highway vehicle. ``(3) Special reduction rules.--In the case of a reduction under paragraph (1)-- ``(A) subsection (c) shall be applied without regard to paragraph (6) thereof, ``(B) section 40(e)(1) shall be applied without regard to subparagraph (B) thereof, ``(C) section 4041(d)(1) shall be applied by disregarding `if tax is imposed by subsection (a)(1) or (2) on such sale or use', and ``(D) section 6427(b) shall be applied without regard to paragraph (2) thereof. ``(4) Protecting social security trust fund.--If the Secretary, after consultation with the Director of the Office of Management and Budget, determines that such reduction would result in an aggregate reduction in revenues to the Treasury exceeding the Federal on-budget surplus during the remainder of the applicable period, the Secretary shall modify such reduction such that each rate of tax referred to in paragraph (2) is reduced in a pro rata manner and such aggregate reduction does not exceed such surplus. ``(5) Maintenance of trust fund deposits.--In determining the amounts to be appropriated to the Highway Trust Fund under section 9503 an amount equal to the reduction in revenues to the Treasury by reason of this subsection shall be treated as taxes received in the Treasury under this section. ``(6) Applicable period.--For purposes of this subsection, the term `applicable period' means the period beginning after June 25, 2000, and ending before September 5, 2000.'' (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. SEC. 3. FLOOR STOCK REFUNDS. (a) In General.--If-- (1) before the tax reduction date, tax has been imposed under section 4081 of the Internal Revenue Code of 1986 on any liquid, and (2) on such date such liquid is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this section referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such liquid had the taxable event occurred on the tax reduction date. (b) Time for Filing Claims.--No credit or refund shall be allowed or made under this section unless-- (1) claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the tax reduction date, and (2) in any case where liquid is held by a dealer (other than the taxpayer) on the tax reduction date-- (A) the dealer submits a request for refund or credit to the taxpayer before the date which is 3 months after the tax reduction date, and (B) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (c) Exception for Fuel Held in Retail Stocks.--No credit or refund shall be allowed under this section with respect to any liquid in retail stocks held at the place where intended to be sold at retail. (d) Definitions.--For purposes of this section-- (1) the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer, and (2) the term ``tax reduction date'' means June 26, 2000. (e) Certain Rules To Apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this section. SEC. 4. FLOOR STOCKS TAX. (a) Imposition of Tax.--In the case of any liquid on which tax would have been imposed under section 4081 of the Internal Revenue Code of 1986 during the applicable period but for the amendments made by this Act, and which is held on the floor stocks tax date by any person, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed on such liquid had the taxable event occurred on the floor stocks tax date. (b) Liability for Tax and Method of Payment.-- (1) Liability for tax.--A person holding a liquid on the floor stocks tax date to which the tax imposed by subsection (a) applies shall be liable for such tax. (2) Method of payment.--The tax imposed by subsection (a) shall be paid in such manner as the Secretary of the Treasury shall prescribe. (3) Time for payment.--The tax imposed by subsection (a) shall be paid on or before the date which is 6 months after the floor stocks tax date. (c) Definitions.--For purposes of this section-- (1) Held by a person.--A liquid shall be considered as ``held by a person'' if title thereto has passed to such person (whether or not delivery to the person has been made). (2) Floor stocks tax date.--The term ``floor stocks tax date'' means September 5, 2000. (3) Applicable period.--The term ``applicable period'' means the period beginning after June 25, 2000, and ending before September 5, 2000. (d) Exception for Exempt Uses.--The tax imposed by subsection (a) shall not apply to any liquid held by any person exclusively for any use to the extent a credit or refund of the tax imposed by section 4081 of such Code is allowable for such use. (e) Exception for Fuel Held in Vehicle Tank.--No tax shall be imposed by subsection (a) on any liquid held in the tank of a motor vehicle. (f) Exception for Certain Amounts of Fuel.-- (1) In general.--No tax shall be imposed by subsection (a)-- (A) on gasoline (as defined in section 4083 of such Code) held on the floor stocks tax date by any person if the aggregate amount of gasoline held by such person on such date does not exceed 4,000 gallons, and (B) on diesel fuel or kerosene (as so defined) held on such date by any person if the aggregate amount of diesel fuel or kerosene held by such person on such date does not exceed 2,000 gallons. The preceding sentence shall apply only if such person submits to the Secretary (at the time and in the manner required by the Secretary) such information as the Secretary shall require for purposes of this paragraph. (2) Exempt fuel.--For purposes of paragraph (1), there shall not be taken into account fuel held by any person which is exempt from the tax imposed by subsection (a) by reason of subsection (d) or (e). (3) Controlled groups.--For purposes of this subsection-- (A) Corporations.-- (i) In general.--All persons treated as a controlled group shall be treated as 1 person. (ii) Controlled group.--The term ``controlled group'' has the meaning given to such term by subsection (a) of section 1563 of such Code; except that for such purposes the phrase ``more than 50 percent'' shall be substituted for the phrase ``at least 80 percent'' each place it appears in such subsection. (B) Nonincorporated persons under common control.-- Under regulations prescribed by the Secretary, principles similar to the principles of subparagraph (A) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (g) Other Law Applicable.--All provisions of law, including penalties, applicable with respect to the taxes imposed by section 4081 of such Code shall, insofar as applicable and not inconsistent with the provisions of this subsection, apply with respect to the floor stock taxes imposed by subsection (a) to the same extent as if such taxes were imposed by such section 4081. SEC. 5. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO CONSUMERS. (a) Passthrough to Consumers.-- (1) Sense of congress.--It is the sense of Congress that-- (A) consumers immediately receive the benefit of the reduction in taxes under this Act, and (B) transportation motor fuels producers and other dealers take such actions as necessary to reduce transportation motor fuels prices to reflect such reduction, including immediate credits to customer accounts representing tax refunds allowed as credits against excise tax deposit payments under the floor stocks refund provisions of this Act. (2) Study.-- (A) In general.--The Comptroller General of the United States shall conduct a study of the reduction of taxes under this Act to determine whether there has been a passthrough of such reduction. (B) Report.--Not later than September 30, 2000, the Comptroller General of the United States shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives the results of the study conducted under subparagraph (A). | Expresses the sense of the Congress that the benefits of the tax reduction should be passed on to consumers. Requires a study and report. |
SECTION 1. FINDINGS AND PURPOSES. (a) Findings.--Congress finds the following: (1) The development of new and innovative environmental technologies, including technologies for monitoring environmental compliance, has been identified as a priority by the United States Environmental Protection Agency. (2) Current Agency environmental monitoring requirements typically specify the use of a particular prescriptive analytical method that must be precisely followed, including the use of specific procedures and instrumentation. The codification of environmental monitoring methods in this manner hampers innovation because of the time-consuming and labor- intensive requirements for revising regulations and written methods. (3) Regulations can encourage the diffusion of innovative and pollution preventing technologies if they are cast in terms that specify performance in terms of data quality objectives, rather than technology or method. (4) The Agency is evaluating the barriers to the introduction of new and innovative environmental monitoring technologies and the option of converting from the current prescriptive analytical methods approach to performance-based monitoring methods. (5) The Agency has established no internal deadline for completing its review of the possibility of converting to performance-based monitoring methods. (6) The Agency lacks a mechanism for facilitating effective communication with Industry on the direction of environmental monitoring methods, technologies, and markets, and Agency regulations affecting them. (7) The market for environmental monitoring products and services is one of the most attractive arenas of the United States Government to enhance our international competitiveness and export performance, and the analytical method used in environmental monitoring are critical to this effort. (8) The Agency should foster efforts by the scientific community to develop environmental monitoring methods which improve environmental quality and which also improve the competitiveness of United States firms in the domestic and international marketplace. (9) The current Agency requirement that prescriptive analytical methods be used hinders the introduction of environmental monitoring methods and technologies with comparable or improved capabilities, and which may also be more cost effective. (b) Purposes.--The purposes of this Act are to-- (1) spur the development, introduction, and use of new and innovative environmental monitoring technologies, (2) encourage the development and use of new environmental monitoring technologies through the conversion of the Agency's prescriptive analytical methods to performance-based monitoring methods, (3) establish a date certain by which the Environmental Protection Agency must complete the development of performance- based monitoring methods and a process for implementation within all Agency program and administrative offices to cover all media and multimedia methods, (4) promote and encourage participation and representation among all interested parties during this process, and (5) establish a date certain by which the Agency will develop a plan for guidance, implementation, and acceptance of performance-based monitoring methods by all Environmental Protection Agency regions, program offices, and States. SEC. 2. DEFINITIONS. For purposes of this Act: (1) The term ``Agency'' means the United States Environmental Protection Agency. (2) The term ``Administrator'' means the Administrator of the United States Environmental Protection Agency. (3) The term ``environmental monitoring methods'' means procedures or techniques associated with the performance, technical capability, or environmental impact of an analytical method. (4) The term ``Industry'' means members of the United States environmental monitoring technology industry and laboratories performing environmental testing. (5) The term ``performance-based monitoring method'' means a requirement that imposes legal accountability for the achievement of specific data quality assurance objectives, without prescribing the particular procedures, techniques, or instrumentation for achieving such objectives. SEC. 3. THE PERFORMANCE-BASED MONITORING METHODS ADVISORY COMMITTEE. (a) Establishment.--The Administrator shall establish the Performance-Based Monitoring Methods Advisory Committee no less than 90 days after the effective date of this Act. (b) Purpose.--The Performance-Based Monitoring Methods Advisory Committee shall-- (1) advise the Administrator on Agency policies, regulations, standards, and procedures that are barriers to the development and acceptance of performance-based monitoring technologies, (2) assist the Administrator to develop and submit to Congress the report required by section 4 of this Act, (3) assist the Administrator to ensure that data quality objectives are uniform to facilitate the development and acceptance of performance-based monitoring methods under section 5 of this Act, (4) assist the Administrator to develop a process for the acceptance of performance-based monitoring methods, including the exploration of the use of self-certification, third-party certification, or lab accreditation. Nothing in this Act shall be construed as authorizing the Agency to approve individual performance-based monitoring methods, (5) assist the Administrator to develop a plan for guidance, implementation, and acceptance of performance-based monitoring methods by all Agency regions, program offices, and States, and (6) recommend to the Administrator such changes to Agency policies, regulations, standards, and procedures that could stimulate the development and use of new or innovative environmental monitoring technologies. (c) Membership.--The Performance-Based Monitoring Methods Advisory Committee shall be comprised of 12 members selected for appointment so as to provide as nearly as practicable a broad and balanced representation of interested parties, including United States Environmental Protection Agency program and regional offices, the analytical instruments industry, environmental testing laboratories, representatives from State regulatory agencies, public interest groups, and professional or technical societies. (d) Committee Input.--Prior to initiating each of the activities described in sections 4 through 6 of this Act, the Administrator shall convene a meeting of the Performance-Based Monitoring Methods Advisory Committee for the purpose of seeking advice and recommendations. (e) Duration.--Section 14 of the Federal Advisory Committee Act shall not apply with respect to the duration of the advisory committee established under this section. (f) Duties.--The Performance-Based Monitoring Methods Advisory Committee shall convene at least twice a year, and may meet at additional times as required by the Administrator. The Performance- Based Monitoring Methods Advisory Committee shall submit to the Administrator such recommendations as it believes are consistent with its purposes. The Administrator shall make available to the Performance-Based Monitoring Methods Advisory Committee such staff as are necessary to carry out the purposes of this Act. SEC. 4. REPORT TO CONGRESS. (a) Goal.--No later than 1 year after the date of enactment of this Act, the Administrator shall submit to Congress a report which shall include a plan to establish a performance-based monitoring methods approval process. (b) System.--The report submitted under this section shall be consistent with the provisions of section 5 of this Act. (c) Delivery.--The report shall be transmitted to the appropriate House and Senate committees. SEC. 5. PERFORMANCE-BASED MONITORING METHODS. (a) Establishment.--(1) No later than 2 years after the date of enactment of this Act, the Administrator shall establish a performance- based monitoring methods approval process to be used uniformly in all environmental programs for purposes of monitoring compliance with environmental laws and permits. (2) Notwithstanding the adoption of a performance-based monitoring methods approval process, approved analytical methods existing at the time of enactment of this Act shall be deemed acceptable to the Environmental Protection Agency, until such time the Administrator determines that such existing methods are no longer acceptable. (b) Authority.--Nothing in this Act shall be construed to permit the Agency to devise or endorse a process that permits or requires the rating or evaluation of one technology or instrument over another. Nothing in this Act shall be construed as requiring the approval of an environmental technology or instrument. (c) Use.--The Administrator shall require that either the performance-based methods that are approved pursuant to this section or existing analytical methods be used in monitoring environmental compliance and for other purposes, as appropriate. Regulatory acceptance of a performance-based method shall be determined by compliance with the data quality objectives established by the Environmental Protection Agency. (d) Status.--Performance-based monitoring methods approved pursuant to this section shall be deemed to be equivalent to existing Environmental Protection Agency methods for purposes of compliance with all applicable environmental statutes and regulations. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. (a) Limitation on Appropriations.--No more funds may be appropriated to carry out the purposes of this Act than the amounts set forth in subsection (b). This Act shall be the exclusive source of authorization of appropriations to support any activities under this Act. (b) Appropriations.--There are authorized to be appropriated to the Administrator for carrying out the purposes of this Act such sums as shall be necessary. | Directs the Administrator of the Environmental Protection Agency to establish the Performance-Based Monitoring Methods Advisory Committee to: (1) advise the Administrator on performance-based monitoring technologies; and (2) assist the Administrator in the development of a process and a plan for the acceptance of performance-based monitoring methods. Requires, no later than two years after enactment of this Act, that the Administrator establish a performance-based monitoring methods approval process to be used uniformly in all environmental programs for purposes of monitoring compliance with environmental laws and permits. Authorizes appropriations. |
SECTION 1. SHORT TITLE; ETC. (a) Short Title.--This Act may be cited as the ``Hidden Rate Elimination 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. REPEAL OF PHASEOUTS OF DEDUCTION FOR PERSONAL EXEMPTIONS AND OF ITEMIZED DEDUCTIONS. (a) Repeal of Phaseout of Personal Exemptions.-- (1) In general.--Subsection (d) of section 151 (relating to exemption amount) is amended by striking paragraph (3). (2) Technical amendments.-- (A) Paragraph (6) of section 1(f) is amended-- (i) by striking ``section 151(d)(4)'' in subparagraph (A) and inserting ``section 151(d)(3)'', and (ii) by striking ``section 151(d)(4)(A)'' in subparagraph (B) and inserting ``section 151(d)(3)''. (B) Paragraph (4) of section 151(d) is amended to read as follows: ``(3) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 1989, the dollar amount contained in paragraph (1) shall be increased by an amount equal to-- ``(A) such dollar amount, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, by substituting `calendar year 1988' for `calendar year 2000' in subparagraph (B) thereof.'' (b) Repeal of Overall Limitation on Itemized Deductions.-- (1) In general.--Section 68 is hereby repealed. (2) Technical amendments.-- (A) Subparagraph (A) of section 1(f)(6) is amended by striking ``section 68(b)(2)''. (B) Paragraph (1) of section 56(b) is amended by striking subparagraph (F). (C) Subparagraph (B) of section 773(a)(3) is amended by striking clause (i) and by redesignating clauses (ii), (iii), and (iv) as clauses (i), (ii), and (iii), respectively. (D) The table of sections for part I of subchapter B of chapter 1 is amended by striking the item relating to section 68. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2001. | Hidden Rate Elimination Act of 2001 - Amends the Internal Revenue Code to provide for a reduction in tax rates for individuals for calendar year 2002, as well as further reductions through calendar year 2006.Repeals the phaseout of personal exemptions.Repeals the overall limitation on itemized deductions. |
SECTION 1. CREDIT FOR INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following: ``SEC. 45D. INFORMATION TECHNOLOGY TRAINING PROGRAM EXPENSES. ``(a) General Rule.--For purposes of section 38, in the case of an employer, the information technology training program credit determined under this section is an amount equal to 20 percent of information technology training program expenses paid or incurred by the taxpayer during the taxable year. ``(b) Additional Credit Percentage for Certain Programs.--The percentage under subsection (a) shall be increased by 5 percentage points for information technology training program expenses paid or incurred-- ``(1) by the taxpayer with respect to a program operated in-- ``(A) an empowerment zone or enterprise community designated under part I of subchapter U, ``(B) a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the National School Lunch Act, ``(C) an area designated as a disaster area by the Secretary of Agriculture or by the President under the Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years, ``(D) a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, or ``(E) an area designated by the Secretary of Agriculture as a Rural Economic Area Partnership Zone, or ``(2) by a small employer. ``(c) Limitation.--The amount of information technology training program expenses with respect to an individual which may be taken into account under subsection (a) for the taxable year shall not exceed $6,000. ``(d) Information Technology Training Program Expenses.--For purposes of this section-- ``(1) In general.--The term `information technology training program expenses' means expenses paid or incurred by reason of the participation of the employer in any information technology training program. ``(2) Information technology training program.--The term `information technology training program' means a program-- ``(A) for the training of computer programmers, systems analysts, and computer scientists or engineers (as such occupations are defined by the Bureau of Labor Statistics), ``(B) involving a partnership of-- ``(i) employers, and ``(ii) State training programs, school districts, university systems, or certified commercial information technology training providers, and ``(C) at least 50 percent of the costs of which is paid or incurred by the employers. ``(3) Certified commercial information technology training provider.--The term `certified commercial information technology training providers' means a private sector provider of educational products and services utilized for training in information technology which is certified with respect to-- ``(A) the curriculum that is used for the training, or ``(B) the technical knowledge of the instructors of such provider, by 1 or more software publishers or hardware manufacturers the products of which are a subject of the training. ``(e) Small Employer.--For purposes of this section, the term `small employer' means, with respect to any calendar year, any employer if such employer employed 200 or fewer employees on each business day in each of 20 or more calendar weeks in such year or the preceding calendar year. ``(f) Denial of Double Benefit.--No deduction or credit under any other provision of this chapter shall be allowed with respect to information technology training program expenses (determined without regard to the limitation under subsection (c)). ``(g) Certain rules made applicable.--For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply.'' (b) Credit To Be Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the information technology training program credit determined under section 45D.'' (c) No Carrybacks.--Subsection (d) of section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credits) is amended by adding at the end the following: ``(9) No carryback of section 45D credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the information technology training program credit determined under section 45D may be carried back to a taxable year ending before the date of the enactment of section 45D.'' (d) Clerical Amendment.--The table of sections for 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 the following: ``Sec. 45D. Information technology training program expenses.'' (e) Effective Date.--The amendments made by this section shall apply to amounts paid or incurred after the date of enactment of this Act in taxable years ending after such date. | Amends the Internal Revenue Code to establish a limited employer tax credit for information technology training program expenses. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Airline Passenger Bill of Rights Act of 2009''. SEC. 2. AIRLINE CUSTOMER SERVICE COMMITMENT. (a) In General.--Chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``SUBCHAPTER IV--AIRLINE CUSTOMER SERVICE ``Sec. 41781. Air carrier and airport contingency plans for long on- board tarmac delays ``(a) Definition of Tarmac Delay.--The term `tarmac delay' means the holding of an aircraft on the ground before taking off or after landing with no opportunity for its passengers to deplane. ``(b) Submission of Air Carrier and Airport Plans.--Not later than 60 days after the date of the enactment of the Airline Passenger Bill of Rights Act of 2009, each air carrier and airport operator shall submit, in accordance with the requirements under this section, a proposed contingency plan to the Secretary of Transportation for review and approval. ``(c) Minimum Standards.--The Secretary of Transportation shall establish minimum standards for elements in contingency plans required to be submitted under this section to ensure that such plans effectively address long on-board tarmac delays and provide for the health and safety of passengers and crew. ``(d) Air Carrier Plans.--The plan shall require each air carrier to implement at a minimum the following: ``(1) Provision of essential services.--Each air carrier shall provide for the essential needs of passengers on board an aircraft at an airport in any case in which the departure of a flight is delayed or disembarkation of passengers on an arriving flight that has landed is substantially delayed, including-- ``(A) adequate food and potable water; ``(B) adequate restroom facilities; ``(C) cabin ventilation and comfortable cabin temperatures; and ``(D) access to necessary medical treatment. ``(2) Right to deplane.-- ``(A) In general.--Each air carrier shall submit a proposed contingency plan to the Secretary of Transportation that identifies a clear time frame under which passengers would be permitted to deplane a delayed aircraft. After the Secretary has reviewed and approved the proposed plan, the air carrier shall make the plan available to the public. ``(B) Delays.-- ``(i) In general.--As part of the plan, except as provided under clause (iii), an air carrier shall provide passengers with the option of deplaning and returning to the terminal at which such deplaning could be safely completed, or deplaning at the terminal if-- ``(I) 3 hours have elapsed after passengers have boarded the aircraft, the aircraft doors are closed, and the aircraft has not departed; or ``(II) 3 hours have elapsed after the aircraft has landed and the passengers on the aircraft have been unable to deplane. ``(ii) Frequency.--The option described in clause (i) shall be offered to passengers at a minimum not less often than once during each successive 3-hour period that the plane remains on the ground. ``(iii) Exceptions.--This subparagraph shall not apply if-- ``(I) the pilot of such aircraft reasonably determines that the aircraft will depart or be unloaded at the terminal not later than 30 minutes after the 3 hour delay; or ``(II) the pilot of such aircraft reasonably determines that permitting a passenger to deplane would jeopardize passenger safety or security. ``(C) Application to diverted flights.--This section applies to aircraft without regard to whether they have been diverted to an airport other than the original destination. ``(D) Reports.--Not later than 30 days after any flight experiences a tarmac delay lasting at least 3 hours, the air carrier responsible for such flight shall submit a written description of the incident and its resolution to the Aviation Consumer Protection Office of the Department of Transportation. ``(e) Airport Plans.--Each airport operator shall submit a proposed contingency plan under subsection (b) that contains a description of-- ``(1) how the airport operator will provide for the deplanement of passengers following a long tarmac delay; and ``(2) how, to the maximum extent practicable, the airport operator will provide for the sharing of facilities and make gates available at the airport for use by aircraft experiencing such delays. ``(f) Updates.--The Secretary shall require periodic reviews and updates of the plans as necessary. ``(g) Approval.-- ``(1) In general.--Not later than 6 months after the date of the enactment of this section, the Secretary of Transportation shall-- ``(A) review the initial contingency plans submitted under subsection (b); and ``(B) approve plans that closely adhere to the standards described in subsections (d) or (e), whichever is applicable. ``(2) Updates.--Not later than 60 days after the submission of an update under subsection (f) or an initial contingency plan by a new air carrier or airport, the Secretary shall-- ``(A) review the plan; and ``(B) approve the plan if it closely adheres to the standards described in subsections (d) or (e), which ever is applicable. ``(h) Civil Penalties.--The Secretary may assess a civil penalty under section 46301 against any air carrier or airport operator that does not submit, obtain approval of, or adhere to a contingency plan submitted under this section. ``(i) Public Access.--Each air carrier and airport operator required to submit a contingency plan under this section shall ensure public access to an approved plan under this section by-- ``(1) including the plan on the Internet Web site of the carrier or airport; or ``(2) disseminating the plan by other means, as determined by the Secretary. ``Sec. 41782. Air passenger complaints hotline and information ``(a) Air Passenger Complaints Hotline Telephone Number.--The Secretary of Transportation shall establish a consumer complaints hotline telephone number for the use of air passengers. ``(b) Public Notice.--The Secretary shall notify the public of the telephone number established under subsection (a). ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section, which sums shall remain available until expended.''. (b) Conforming Amendment.--The chapter analysis for chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``subchapter iv--airline customer service ``41781. Air carrier and airport contingency plans for long on-board tarmac delays. ``41782. Air passenger complaints hotline and information.''. | Airline Passenger Bill of Rights Act of 2009 - Requires each air carrier and airport operator to submit for approval by the Secretary of Transportation a proposed contingency plan meeting minimum standards established by the Secretary. Requires an air carrier to provide passengers on a departure- or arrival-delayed grounded aircraft with: (1) adequate food, water, restrooms, ventilation, and medical services; as well as (2) a time frame under which passengers may deplane a delayed aircraft after three hours, except in specified circumstances. Requires an airport operator plan to describe: (1) how passengers will be deplaned following a long tarmac delay; and (2) how facilities will be shared and gates made available to aircraft that experience such delays. Authorizes the Secretary to assess a civil penalty against air carriers and airport operators that fail to submit, obtain approval of, or adhere to a contingency plan. Requires public access to such plans. Directs the Secretary to establish a consumer hotline telephone number for air passenger complaints. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``North Atlantic Right Whale Recovery Act of 2001''. SEC. 2. FINDINGS. The Congress finds the following: (1) North Atlantic Right Whales are one of the most endangered large whales in the world, with fewer than 350 animals remaining in the western North Atlantic. (2) Anthropogenic causes remain the largest source of mortality for North Atlantic Right Whales. (3) Accidental collisions of ships with right whales have been identified as the leading cause of human-related mortality of right whales, with at least 16 deaths attributable to ship strikes along the east coast of the United States since 1970. (4) Entanglement in fishing gear is the other major cause of right whale mortality, estimated to account for at least 3 deaths from 1970 through 2000. (5) The Recovery Plan for Northern Right Whales lists other potential or known anthropogenic sources of mortality such as habitat degradation, contamination by pollutants, ocean noise, and climate change. Although the mortality rate caused by these factors is unknown, they are potentially important and could affect Northern Right Whale birth rates, distribution patterns, and general health. (6) According to a recent study in the Proceedings of the National Academy of Sciences, unless human-related mortalities are reduced, the North Atlantic Right Whale is likely to become extinct. (7) The National Marine Fisheries Service of the Department of Commerce is the agency tasked with protecting and recovering right whales under both the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (8) Recent research has led to limited success in reducing collisions with ships and interactions with fishing gear. (9) The Mandatory Ship Reporting System, implemented in 1999 by the National Marine Fisheries Service and the Coast Guard, and approved by the International Maritime Organization, has begun to provide mariners with necessary information to help prevent ship collisions in North Atlantic Right Whale critical habitat in northeast and southeast coastal waters. (10) The National Marine Fisheries Service along with the Atlantic Large Whale Take Reduction Team have begun to develop gear and methods to reduce right whale interactions with fishing gear along the Atlantic Coast. (11) Recent events have revealed the lack of a coordinated Federal plan for recovering North Atlantic Right Whales, in spite of large funding increases by the Congress over the past decade. (12) Greater management and research attention must be focused on reducing mortality caused by ship collisions, entanglement in fishing gear, and other causes of mortality if the population decline of North Atlantic Right Whales is to be reversed. SEC. 3. NORTH ATLANTIC RIGHT WHALE RECOVERY PROGRAM. (a) In General.--The Secretary of Commerce shall institute a North Atlantic Right Whale Recovery Program, in coordination with the Secretary of Transportation and appropriate Federal agencies, States, the Southeast and Northeast Northern Right Whale Recovery Plan Implementation Teams, and the Atlantic Large Whale Take Reduction Team, pursuant to the authority provided under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). (b) Elements.--The program established under subsection (a) shall include the following research, management, and enforcement elements: (1) Activities to reduce mortality and injury due to collisions with vessel traffic. (2) Activities to reduce mortality and injury in fishing gear (including disentanglement and gear development). (3) Population monitoring, baseline surveys, assessment, and database management. (4) Support for regional recovery plan implementation teams, take reduction teams, and such meetings or workshops as are necessary to develop and provide expert advice on related research and management activities. (c) Secretary To Identify Agencies, Areas, and Activities.--The Secretary, in consultation with the teams described in subsection (a), shall identify the following: (1) The appropriate governmental agency or other entity to perform each activity covered by the program. (2) The geographic area or areas in which those activities should be conducted. (3) A timeline for initiation and completion of such activity. SEC. 4. FEDERAL-STATE COOPERATION. The Secretary of Commerce, acting through the National Oceanic and Atmospheric Administration, shall-- (1) develop cooperative agreements under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) to support State agency involvement in recovery programs for North Atlantic Right Whales; and (2) determine annually the funding needs and levels appropriate for Federal support to encourage the establishment of, and to help maintain, such programs. SEC. 5. NORTH ATLANTIC RIGHT WHALE PRIORITY ACTION PROGRAM. (a) In General.--The Secretary of Commerce and the Secretary of Transportation, in consultation with the Southeast and Northeast Northern Right Whale Recovery Plan Implementation Teams and the Atlantic Large Whale Take Reduction Team, shall identify near-term demonstration projects to reduce, or promote reductions in, mortality caused by ship strikes and entanglement in fishing gear. (b) Demonstration Projects.--Within 9 months after the date of enactment of this Act, the Secretary of Commerce shall institute demonstration projects determined, after consulting with the teams described in subsection (a), to have potential for immediate impact on reducing mortality of North Atlantic Right Whales in the following areas: (1) Detection and tracking of North Atlantic Right Whales in critical habitat, high use areas, or along their migration route. (2) Satellite tracking of individual whale movements. (3) Deployment of whale-friendly gear such as neutrally buoyant line and ``weak links'' in North Atlantic Right Whale critical habitat or high use areas to reduce the possibility of entanglements, including provision of such gear to fishermen. (4) Testing or developing innovative methods to increase the success of disentanglement efforts. (5) Other projects determined to have near-term potential of reducing right whale mortality. SEC. 6. REDUCING SHIP STRIKES. (a) Vessel Warning and Management.--The Secretaries of Commerce and Transportation shall, by January 1, 2003, develop a comprehensive program to prevent ship strikes of Northern Atlantic Right Whales. The program shall include-- (1) an Atlantic Coast vessel early warning system, with participation by the United States Coast Guard, the United States Navy, the Army Corps of Engineers, and State and local government agencies, that includes-- (A) collection and analysis of data on Atlantic vessel traffic patterns and operations related to incidents involving ships striking whales; (B) a coordinated communications system for notifications to mariners; and (C) a clearinghouse for whale sightings, including plans for development of a real-time information system that utilizes existing systems such as aerial and shipboard surveillance and incorporates innovative techniques such as acoustic detection, satellite tags, and predictive modeling, to locate and track right whales; and (2) a coordinated vessel management system that provides-- (A) updated information to mariners to advise on best practices based on the analysis of vessel operations and incidents involving ships striking whales; (B) regional risk assessments to identify alternative routing opportunities or speed changes for vessels; (C) vessel management standards for high risk areas during North Atlantic Right Whale migration periods; and (D) for the applicability of standards to a variety of vessel types. (b) Detection Technologies Program.--The Secretary of Commerce, in consultation with the Secretary of Transportation and the Secretary of the Navy, shall create a detection technology program to develop, test, and evaluate technologies that can be used to detect and track North Atlantic Right Whales in critical habitat and along their migration routes during fiscal years 2002 and 2003. The program should evaluate technologies that can be used to track long-term movements of whales, as well as technologies that could be used aboard ships to detect and avoid whales as the ships transit to ports and within shipping lanes. (c) Ship Strike Analysis.--Within 1 year after the date of enactment of this Act, the Secretary of Commerce shall incorporate data from ``whale alert'' aircraft surveys, scientific survey data, confirmed right whale sightings, locations of observed ``close calls'', and ship traffic data from the mandatory ship reporting system into a geographic information system for analysis of interactions between whales and ships. The Secretary shall use the information gained from that analysis for education and outreach to mariners, fishermen, and ports. (d) Gaps in Authority.--The Secretary of Transportation, within 60 days after the date of enactment of this Act, shall identify any gaps in legislative authority preventing implementation of regulations affecting vessels in waters under United States jurisdiction necessary to promote recovery of North Atlantic Right Whales. (e) International Maritime Organization.--The Secretary of Transportation, acting through the Secretary of State, may propose regulations for adoption at the International Maritime Organization to further implement the recommendations contained within the North Atlantic Right Whale Recovery Plan. SEC. 7. NORTH ATLANTIC RIGHT WHALE RESEARCH GRANT PROGRAM. (a) Coordinated Research Framework.--The Secretary of Commerce, in consultation with the Northeast and Southeast Northern Right Whale Recovery Plan Implementation Teams, the Atlantic Large Whale Take Reduction Team, and the Marine Mammal Commission, shall design a comprehensive and coordinated right whale research grant program. The program shall include, at the minimum, research on the following subjects: (1) Detection and tracking of North Atlantic Right Whales, including the use of tagging and telemetry, to help ships avoid striking whales. (2) Behavior of right whales in proximity to ships. (3) Relationships between vessel speed, size, or design with whale collisions and mortality. (4) Modeling ship traffic in Atlantic shipping lanes and approaches to major United States ports along the Atlantic coast. (5) Population studies. (6) Reproduction and genetic studies. (7) Development of a geographic information system database to identify variables potentially associated with right whale distribution and migration, including temperature, other oceanographic parameters, and distribution and abundance of planktonic prey species. (8) Response of right whales to ship-avoidance deterrence methods. (9) Habitat quality studies including investigation of food quality, pollution levels, and interaction of ecological components with the food resources of Northern Right Whales. (10) Physiological condition studies, including reproductive fitness measures, and comparison with environmental conditions. (b) Peer Review.--The program shall provide for external peer review of grant applications. Peer review teams shall include scientists, fishing, shipping, and other appropriate industry representatives, and technology experts appropriate to evaluate the feasibility and scientific merit of each application. SEC. 8. INTERAGENCY COORDINATION AND COST-SHARING. (a) In General.--The Secretary of Commerce and the Secretary of Transportation shall ensure cooperation of Federal agencies and departments in sharing the costs, vessels, equipment, and other resources (including communications and monitoring equipment) to meet the needs of the updated North Atlantic Right Whale Recovery Plan, particularly with respect to tracking and surveillance of right whales in critical habitat and high use areas. (b) Report.--Within 6 months after the date of enactment of this Act, the Secretary of Transportation, the Secretary of the Navy, and the Secretary of Commerce shall report to the Congress on any further funding requirements necessary to implement any requirements of this Act or regulations necessary to implement the North Atlantic Right Whale Recovery Plan. SEC. 9. INTERNATIONAL ACTION AND COORDINATION. (a) Canada.--The Secretary of Commerce, acting through the Secretary of State, shall initiate or continue discussions with Canada to coordinate programs concerning North Atlantic Right Whales, including-- (1) ship traffic management systems; (2) tracking whales in the Gulf of Maine and adjacent areas of the United States and Canadian Exclusive Economic Zone; (3) disentanglement efforts; and (4) sharing of relevant biological and maritime traffic information. (b) Fishery Interactions.--The Secretary of Commerce, working through the Department of State, shall begin discussions for the purpose of creating or amending bi- or multi-lateral agreements on management measures to reduce fishery interactions, with-- (1) all relevant management organizations; and (2) nations whose fleets may operate in North Atlantic Right Whales high use areas. (c) Scientific Information.--The Secretary of Commerce, working through the Department of State, shall begin discussions for the purpose of facilitating collection of information relevant to development of the priority action plan or recovery plan with-- (1) all relevant scientific organizations, including the International Council for the Exploration of the Sea, Northwestern Atlantic Fisheries Organization, the Food and Agricultural Organization; and (2) countries that conduct research in areas with right whales, including Canada, Greenland (Denmark), and Iceland. SEC. 10. REPORT TO CONGRESS. The National Oceanic and Atmospheric Administration shall transmit a report to the Congress no later than March 1 of each year setting forth-- (1) actions taken pursuant to the updated North Atlantic Right Whale Recovery Plan; (2) the amount of Federal and State funds expended on activities under that Plan; (3) known or suspected incidents of-- (A) collisions between vessels and North Atlantic Right Whales; and (B) entanglements, injuries, or mortalities of North Atlantic Right Whales; (4) known or suspected causes of incidents described in paragraph (3); (5) actions taken to prevent or reduce the likelihood of such incidents in the preceding year; (6) any new information about calving, feeding, or other high-use areas of North Atlantic Right Whales; (7) the status of any litigation involving North Atlantic Right Whale recovery activity; (8) areas identified for additional action under the North Atlantic Right Whale Recovery Plan; (9) projects funded under section 7; (10) the funding needs and levels determined under paragraph (2) of section 4 appropriate for Federal support to encourage the establishment of, and to help maintain, recovery programs for North Atlantic Right Whales; and (11) the cost of implementing the demonstration projects under section 5(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS. (a) Department of Commerce.--There are authorized to be appropriated to the Secretary of Commerce, for purposes of carrying out the Department of Commerce's functions and responsibilities under this Act, $4,500,000 for fiscal year 2002 and $5,000,000 for each of fiscal years 2003 and 2004. (b) Department of Transportation.--There are authorized to be appropriated to the Secretary of Transportation, for purposes of carrying out the Department of Transportation's functions and responsibilities under this Act, $1,000,000 for each of fiscal years 2002, 2003, and 2004. (c) State Cooperative Agreements.--There are authorized to be appropriated to the Secretary of Commerce $1,500,000 for fiscal year 2002 and $2,000,000 for each of fiscal years 2003 and 2004, for purposes of implementing agreements with Atlantic coastal States under section 6 of the Endangered Species Act of 1973 as required by section 4 of this Act. (d) North Atlantic Right Whale Research Grant Program.--There are authorized to be appropriated to the Secretary of Commerce, for purposes of carrying out the research program under section 7 of this Act, $1,000,000 for fiscal year 2002 and $2,000,000 for each of fiscal years 2003 and 2004. | North Atlantic Right Whale Recovery Act of 2001 - Directs the Secretary of Commerce (Secretary) to institute a North Atlantic Right Whale Recovery Program; and (2) develop cooperative agreements to support State agency involvement in such whale recovery programs.Requires the Secretary and the Secretary of Transportation to: (1) identify and institute demonstration projects to reduce mortality of such whales caused by ship strikes and entanglement in fishing gear; and (2) develop a program by January 2003 to prevent such ship strikes through use of a vessel early warning system and a coordinated vessel management system; and (3) ensure Federal agency cooperation to meet the needs of the updated North Atlantic Right Whale Recovery Plan.Requires the Secretary to: (1) create a technology program to detect and track such whales in critical habitat and along their migration routes during FY 2002 and 2003; and (2) incorporate specified data into a geographic information system for analysis of interactions between whales and ships.Requires the Secretary of Transportation to identify any gaps in legislative authority preventing implementation of regulations affecting vessels in U.S. waters necessary to promote recovery of such whales. Authorizes such Secretary to propose regulations for adoption at the International Maritime Organization to further implement recommendations contained within the Recovery Plan.Directs the Secretary to: (1) design a right whale research grant program; (2) continue discussions with Canada to coordinate whale programs; and (3) begin discussions with relevant organizations and nations for creating or amending agreements on management measures to reduce fishery interactions and for facilitating collection of information relevant to development of the priority action or recovery plan.Requires a National Oceanic and Atmospheric Administration report on actions and expenditures under the Recovery Plan, incidents of collisions and entanglements, preventive actions, recovery activity litigation, and demonstration project costs. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``District of Columbia Economic Impact Notification Act''. SEC. 2. REQUIREMENT FOR DISTRICT ECONOMIC IMPACT STATEMENT FOR FEDERAL AGENCIES TRANSFERRING EMPLOYEES OUT OF DISTRICT OF COLUMBIA. (a) Requirement Described.-- (1) In general.--Except as provided in subsection (b), if a Federal agency proposes to carry out any program or activity that would result in the transfer of employees whose official station or agency is located in the District of Columbia to another station or agency that is not located in the District of Columbia for permanent duty, the agency shall-- (A) prepare a District of Columbia economic impact statement; (B) submit the statement to the Committee on the District of Columbia of the House of Representatives and the Committee on Governmental Affairs of the Senate not less than 12 months before such program or activity is scheduled to begin; (C) submit the statement to the National Capital Planning Commission, Congress, the Administrator of General Services, the Mayor of the District of Columbia, and the Council of the District of Columbia; and (D) publish the statement in the Federal Register. (2) Treatment of contracts to construct or lease facilities.--For purposes of paragraph (1), the entering into of a contract to construct a new facility or to lease an existing facility as the official station or agency of employees of a Federal agency shall be considered a program or activity carried out by the agency. (b) Exception for Transfers of Small Number of Employees.-- Subsection (a) shall not apply in the case of a program or activity of an agency if the number of employees transferred as a result of the program or activity to a station or agency that is not located in the District of Columbia would be less than 50. (c) Federal Agency Defined.--The term ``Federal agency'' means an executive department (as defined in section 101 of title 5, United States Code). SEC. 3. CONGRESSIONAL APPROVAL OF PROJECTS. (a) Congressional Approval of Projects.--Except as provided in subsection (b), a Federal agency required to submit a District of Columbia economic impact statement under section 2 may not carry out the program or activity that is the subject of the statement unless Congress enacts legislation specifically approving the program or activity. (b) Exception for National Emergencies.--Subsection (a) shall not apply with respect to any program or activity if the Federal agency submits a certification to the Committees described in subsection (c) that an emergency exists which requires that the program or activity be carried out in the national security interest of the United States. The certification shall include a description of the emergency circumstances which necessitate the carrying out of the program or activity and a discussion of the national security interests involved. (c) Committees to Which Legislation Referred.--Legislation described in subsection (a) shall be referred to the Committee on the District of Columbia of the House of Representatives or the Committee on Governmental Affairs of the Senate by the Speaker of the House of Representatives or the President of the Senate (as the case may be). SEC. 4. PREPARATION OF STATEMENTS. (a) In General.--A District of Columbia economic impact statement prepared by an agency under section 2 shall describe the adverse effects of the program or activity that is the subject of the statement on the economy of and employment in the District of Columbia, and shall include the following: (1) A socioeconomic analysis of the effects of the program or activity on the District of Columbia. (2) A projection of the effect of the program or activity on unemployment in the District of Columbia, including unemployment among employees of other Federal and non-Federal entities who may be affected by the program or activity. (3) An analysis of the impact of the program or activity on the number of people residing in the District of Columbia and the resulting impact on the District's tax base, the housing market in the District, businesses in the District, and the demand for services provided by the District government. (b) Consultation With Local Officials.--In preparing a District of Columbia economic impact statement under section 2, a Federal agency shall consult with the Mayor of the District of Columbia, the Council of the District of Columbia, and the National Capital Planning Commission. The Mayor of the District of Columbia and the Chairman of the Council of the District of Columbia shall provide the Federal agency with comments on the statement, and the Federal agency shall include such comments in the circulation of the statement. SEC. 5. REQUIRING HEADQUARTERS FUNCTIONS OF FEDERAL GOVERNMENT AGENCIES TO BE LOCATED IN DISTRICT OF COLUMBIA. (a) In General.--The headquarters functions of each executive department shall be carried out in the District of Columbia. (b) Definitions.--In this section-- (1) the term ``executive department'' has the meaning given such term in section 101 of title 5, United States Code; and (2) the term ``headquarters functions'' means any function or activity of the Federal Government relating to the administration of national laws, the formulation of policy directives and regulations, the needs of the President for consultation with officers of executive departments, or any other activities necessary for the efficient functioning of the Federal Government, and includes related administrative and support services. (c) Effective Date.--Subsection (a) shall apply to functions carried out on or after the date of the enactment of this Act, except that nothing in such subsection shall be construed to require an executive department carrying out such functions at a location other than the District of Columbia before such date to carry out such functions in the District of Columbia after such date. SEC. 6. EFFECTIVE DATE. Except as provided in section 5(c), the requirements of this Act shall apply to functions, programs, or activities of Federal agencies that are carried out during any fiscal year beginning after September 30, 1994. | District of Columbia Economic Impact Notification Act - Requires a Federal agency that proposes to carry out any program or activity that would result in the transfer of 50 or more employees whose official station or agency is located in the District of Columbia to another station or agency outside of the District for permanent duty to: (1) prepare a District of Columbia economic impact statement; (2) submit the statement to specified congressional committees within 12 months before such program or activity is scheduled to begin; (3) submit the statement to the National Capital Planning Commission, the Congress, the Administrator of General Services, the Mayor of the District, and the District of Columbia Council; and (4) publish the statement in the Federal Register. Provides that the entering into of a contract to construct a new facility or to lease an existing one as the official station or agency of employees of a Federal agency shall be considered a program or activity carried out by the agency. Requires congressional approval before such program or activity can be carried out unless an emergency exists and the program or activity would be in the national security interest of the United States. Sets forth provisions relating to the preparation of a District of Columbia impact statement. Requires the headquarters functions of each executive department to be carried out in the District. Defines "Federal agency" as an executive department and "headquarters functions" as a Federal function or activity relating to the administration of national laws, the formulation of policy directives and regulations, the needs of the President for consultation with executive department officers, or any other necessary activities for the efficient functioning of the Government, including related administrative and support services. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Every Prescription Conveyed Securely Act''. SEC. 2. REQUIRING E-PRESCRIBING FOR COVERAGE OF COVERED PART D CONTROLLED SUBSTANCES. (a) In General.--Section 1860D-4(e) of the Social Security Act (42 U.S.C. 1395w-104(e)) is amended by adding at the end the following: ``(7) Requirement of e-prescribing for controlled substances.-- ``(A) In general.--Subject to subparagraph (B), a prescription for a covered part D drug under a prescription drug plan (or under an MA-PD plan) for a schedule II, III, IV, or V controlled substance shall be transmitted by a health care practitioner electronically in accordance with an electronic prescription drug program that meets the requirements of paragraph (2). ``(B) Exception for certain circumstances.--The Secretary shall, pursuant to rulemaking, specify circumstances with respect to which the Secretary may waive the requirement under subparagraph (A), with respect to a covered part D drug, including in the case of-- ``(i) a prescription issued when the prescriber and dispenser are the same entity; ``(ii) a prescription issued that cannot be transmitted electronically due to the constraints of the most recently implemented version of the National Council for Prescription Drug Programs SCRIPT Standard; ``(iii) a prescription issued by a practitioner who has received a waiver or a renewal thereof for a specified period determined by the Secretary, not to exceed one year, from the requirement to use electronic prescribing, pursuant to a process established by regulation by the Secretary, due to demonstrated economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner; ``(iv) a prescription issued by a practitioner under circumstances in which, notwithstanding the practitioner's ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the individual involved to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the individual's medical condition involved; ``(v) a prescription issued by a practitioner allowing for the dispensing of a non-patient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management, or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a non-patient specific prescription; ``(vi) a prescription issued by a practitioner prescribing a drug under a research protocol; ``(vii) a prescription issued by a practitioner for a drug for which the Food and Drug Administration requires the prescription to contain certain elements that are not able to be accomplished with electronic prescribing such as, a drug with risk evaluation and mitigation strategies that include elements to assure safe use; and ``(viii) a prescription issued by a practitioner for an individual who-- ``(I) receives hospice care under this title; or ``(II) is a resident of a long-term care facility, of a facility described in section 1905(d), or of another facility for which frequently abused drugs are dispensed for residents through a contract with a single pharmacy. ``(C) Dispensing.--(i) Nothing in this paragraph shall be construed as requiring a sponsor of a prescription drug plan under this part, MA organization offering an MA-PD plan under part C, or a pharmacist to verify that a practitioner, with respect to a prescription for a covered part D drug, has a waiver (or is otherwise exempt) under subparagraph (B) from the requirement under subparagraph (A). ``(ii) Nothing in this paragraph shall be construed as affecting the ability of the plan to cover or the pharmacists' ability to continue to dispense covered part D drugs from otherwise valid written, oral or fax prescriptions that are consistent with laws and regulations. ``(iii) Nothing in this paragraph shall be construed as affecting the ability of an individual who is being prescribed a covered part D drug to designate a particular pharmacy to dispense the covered part D drug to the extent consistent with the requirements under subsection (b)(1) and under this paragraph. ``(D) Enforcement.--The Secretary shall, pursuant to rulemaking, have authority to enforce and specify appropriate penalties for noncompliance with the requirement under subparagraph (A).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to coverage of drugs prescribed on or after January 1, 2020. | Every Prescription Conveyed Securely Act This bill generally requires, with specified exceptions, electronic prescribing under the Medicare prescription drug benefit with respect to covered drugs that are controlled substances. |
SECTION 1. VETERANS EDUCATION OUTREACH PROGRAM. (a) Establishment.--Chapter 36 of title 38, United States Code, is amended by adding at the end of subchapter II the following new section: ``Sec. 3697B. Veterans education outreach program ``(a) The Secretary shall provide funding for offices of veterans affairs at institutions of higher learning, as defined in section 3452(f), in accordance with this section. ``(b)(1)(A) The Secretary shall, subject to the availability of appropriations, make payments to any institution of higher learning, under and in accordance with this section, during any fiscal year if the number of persons eligible for services from offices assisted under this section at the institution is at least 50, determined in the same manner as the number of eligible veterans or eligible persons is determined under section 3684(c). ``(B) The persons who are eligible for services from the offices assisted under this section are persons receiving educational assistance administered by the Department of Veterans Affairs, including assistance provided under chapter 106 of title 10. ``(2) To be eligible for a payment under this section, an institution of higher learning or a consortium of institutions of higher learning, as described in paragraph (3), shall make an application to the Secretary. The application shall-- ``(A) set forth such policies, assurances, and procedures that will ensure that-- ``(i) the funds received by the institution, or each institution in a consortium of institutions described in paragraph (3), under this section will be used solely to carry out this section; ``(ii) for enhancing the functions of its veterans education outreach program, the applicant will expend, during the academic year for which a payment is sought, an amount equal to at least the amount of the award under this section from sources other than this or any other Federal program; and ``(iii) the applicant will submit to the Secretary such reports as the Secretary may require or as are required by this section; ``(B) contain such other statement of policies, assurances, and procedures as the Secretary may require in order to protect the financial interests of the United States; ``(C) set forth such plans, policies, assurances, and procedures as will ensure that the applicant will maintain an office of veterans' affairs which has responsibility for-- ``(i) veterans' certification, outreach, recruitment, and special education programs, including the provision of or referral to educational, vocational, and personal counseling for veterans; and ``(ii) providing information regarding other services provided veterans by the Department, including the readjustment counseling program authorized under section 1712A, the programs of veterans employment and training authorized under the Job Training Partnership Act and the Service Members Occupational Conversion and Training Act of 1992, and the programs carried out under chapters 41 and 42; and ``(D) be submitted at such time or times, in such manner, in such form, and contain such information as the Secretary determines necessary to carry out the functions of the Secretary under this section. ``(3) An institution of higher learning which is eligible for funding under this section and which the Secretary determines cannot feasibly carry out, by itself, any or all of the activities set forth in paragraph (2)(C), may carry out such program or programs through a consortium agreement with one or more other institutions of higher learning in the same community. ``(4) The Secretary shall not approve an application under this subsection unless the Secretary determines that the applicant will implement the requirements of paragraph (2)(C) within the first academic year during which it receives a payment under this section. ``(5) Any institution which received funding under section 420A of the Higher Education Act of 1965 during fiscal year 1993 shall be eligible under this section for fiscal year 1994. ``(c)(1)(A) Subject to subparagraph (B), the amount of the payment which any institution shall receive under this section for any fiscal year shall be $100 for each person who is described in subsection (b)(1)(B). ``(B) The maximum amount of payments to any institution of higher learning, or any branch thereof which is located in a community which is different from that in which the parent institution thereof is located, in any fiscal year is $75,000. ``(2)(A) The Secretary shall pay to each institution of higher learning which has had an application approved under subsection (b) the amount which it is to receive under this section. If the amount appropriated for any fiscal year is not sufficient to pay the amounts which all such institutions are to receive, the Secretary shall ratably reduce such payments. If any amount becomes available to carry out this section for a fiscal year after such reductions have been imposed, such reduced payments shall be increased on the same basis as they were reduced. ``(B) In making payments under this section for any fiscal year, the Secretary shall apportion the appropriation for making such payments, from funds which become available as a result of the limitation on payments set forth in paragraph (1)(B), in an equitable manner. ``(d) The Secretary, in carrying out the provisions of this section, shall seek to assure the coordination of programs assisted under this section with other programs carried out by the Department pursuant to this title, and the Secretary shall provide all assistance, technical consultation, and information otherwise authorized by law as necessary to promote the maximum effectiveness of the activities and programs assisted under this section. ``(e)(1) From the amounts made available for any fiscal year under subsection (f), the Secretary shall retain one percent or $10,000, whichever is less, for the purpose of collecting information about exemplary veterans educational outreach programs and disseminating that information to other institutions of higher learning having such programs on their campuses. Such collection and dissemination shall be done on an annual basis. ``(2) From the amounts made available under subsection (f), the Secretary may retain not more than two percent for the purpose of administering this section. ``(f) There is authorized to be appropriated $3,000,000 for each fiscal year to carry out this section.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 36 of title 38, United States Code, is amended by inserting after the item relating to section 3697A the following new item: ``3697B. Veterans education outreach program.''. Passed the House of Representatives May 24, 1993. Attest: DONNALD K. ANDERSON, Clerk. | Directs the Secretary of Veterans Affairs to provide funding for offices of veterans affairs at institutions of higher education for educational assistance to veterans. Requires such institutions to apply for such payments and to agree to use the funds to enhance the functions of veterans' education outreach programs during the academic year. Requires an office of veterans affairs to be maintained at each recipient institution to be responsible for veterans' certification, outreach, recruitment, and special education programs as well as other veterans' services. Limits the per-veteran and per-institution payments for a fiscal year. Requires the coordination of such veterans' program with other Department programs. Authorizes appropriations. |
PILOT PROGRAM. Section 1105(c) of the Sandy Recovery Improvement Act of 2013 (42 U.S.C. 5189a note) is amended by striking ``2015'' and inserting ``2022''. SEC. 217. EMERGENCY RELIEF. Notwithstanding section 125(d)(4) of title 23, United States Code, no limitation on the total obligations for projects under section 125 of such title shall apply to the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands with respect to fiscal years 2018 and 2019. TITLE III--AGENCY MANAGEMENT, OVERSIGHT, AND ACCOUNTABILITY SEC. 301. UNIFIED FEDERAL ENVIRONMENTAL AND HISTORIC PRESERVATION REVIEW. (a) Review and Analysis.--Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall review the Unified Federal Environmental and Historic Preservation review process established pursuant to section 429 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5189g), and submit a report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate that includes the following: (1) An analysis of whether and how the unified process has expedited the interagency review process to ensure compliance with the environmental and historic requirements under Federal law relating to disaster recovery projects. (2) A survey and analysis of categorical exclusions used by other Federal agencies that may be applicable to any activity related to a Presidentially declared major disaster or emergency under such Act. (3) Recommendations on any further actions, including any legislative proposals, needed to expedite and streamline the review process. (b) Regulations.--After completing the review, survey, and analyses under subsection (a), but not later than 2 years after the date of enactment of this Act, and after providing notice and opportunity for public comment, the Administrator shall issue regulations to implement any regulatory recommendations, including any categorical exclusions identified under subsection (a), to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations, and section II of DHS Instruction Manual 023-01-001--01. SEC. 302. CLOSEOUT INCENTIVES. (a) Facilitating Closeout.--Section 705 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5205) is amended by adding at the end the following: ``(d) Facilitating Closeout.-- ``(1) Incentives.--The Administrator may develop incentives and penalties that encourage State, Tribal, or local governments to close out expenditures and activities on a timely basis related to disaster or emergency assistance. ``(2) Agency requirements.--The Agency shall, consistent with applicable regulations and required procedures, meet its responsibilities to improve closeout practices and reduce the time to close disaster program awards.''. (b) Regulations.--The Administrator shall issue regulations to implement this section. SEC. 303. PERFORMANCE OF SERVICES. Section 306 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5149) is amended by adding at the end the following: ``(c) The Administrator of the Federal Emergency Management Agency is authorized to appoint temporary personnel, after serving continuously for 1 year, to positions in the Agency in the same manner that competitive service employees are considered for transfer, reassignment, or promotion to such positions. An individual appointed under this subsection shall become a career-conditional employee, unless the employee has already completed the service requirements for career tenure.''. SEC. 304. STUDY TO STREAMLINE AND CONSOLIDATE INFORMATION COLLECTION. Not later than 1 year after the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency shall-- (1) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, conduct a study and develop a plan, consistent with law, under which the collection of information from disaster assistance applicants and grantees will be modified, streamlined, expedited, efficient, flexible, consolidated, and simplified to be less burdensome, duplicative, and time consuming for applicants and grantees; (2) in coordination with the Small Business Administration, the Department of Housing and Urban Development, and other appropriate agencies, develop a plan for the regular collection and reporting of information on provided Federal disaster assistance, including the establishment and maintenance of a website for presenting the information to the public; and (3) submit the plans to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. SEC. 305. AGENCY ACCOUNTABILITY. Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act is amended by adding at the end the following: ``SEC. 430. AGENCY ACCOUNTABILITY. ``(a) Public Assistance.--Not later than 5 days after an award of a public assistance grant is made under section 406 that is in excess of $1,000,000, the Administrator shall publish on the Agency's website the specifics of each such grant award, including-- ``(1) identifying the Federal Emergency Management Agency Region; ``(2) the disaster or emergency declaration number; ``(3) the State, county, and applicant name; ``(4) if the applicant is a private nonprofit; ``(5) the damage category code; ``(6) the amount of the Federal share obligated; and ``(7) the date of the award. ``(b) Mission Assignments.-- ``(1) In general.--Not later than 5 days after the issuance of a mission assignment or mission assignment task order, the Administrator shall publish on the Agency's website any mission assignment or mission assignment task order to another Federal department or agency regarding a major disaster in excess of $1,000,000, including-- ``(A) the name of the impacted State or Tribe; ``(B) the disaster declaration for such State or Tribe; ``(C) the assigned agency; ``(D) the assistance requested; ``(E) a description of the disaster; ``(F) the total cost estimate; ``(G) the amount obligated; ``(H) the State or Tribal cost share, if applicable; ``(I) the authority under which the mission assignment or mission assignment task order was directed; and ``(J) if applicable, the date a State or Tribe requested the mission assignment. ``(2) Recording changes.--Not later than 10 days after the last day of each month until a mission assignment or mission assignment task order described in paragraph (1) is completed and closed out, the Administrator shall update any changes to the total cost estimate and the amount obligated. ``(c) Disaster Relief Monthly Report.--Not later than 10 days after the first day of each month, the Administrator shall publish on the Agency's website reports, including a specific description of the methodology and the source data used in developing such reports, including-- ``(1) an estimate of the amounts for the fiscal year covered by the President's most recent budget pursuant to section 1105(a) of title 31, United States Code, including-- ``(A) the unobligated balance of funds to be carried over from the prior fiscal year to the budget year; ``(B) the unobligated balance of funds to be carried over from the budget year to the budget year plus 1; ``(C) the amount of obligations for non- catastrophic events for the budget year; ``(D) the amount of obligations for the budget year for catastrophic events delineated by event and by State; ``(E) the total amount that has been previously obligated or will be required for catastrophic events delineated by event and by State for all prior years, the current fiscal year, the budget year, and each fiscal year thereafter; ``(F) the amount of previously obligated funds that will be recovered for the budget year; ``(G) the amount that will be required for obligations for emergencies, as described in section 102(1), major disasters, as described in section 102(2), fire management assistance grants, as described in section 420, surge activities, and disaster readiness and support activities; and ``(H) the amount required for activities not covered under section 251(b)(2)(D)(iii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)(iii)); and ``(2) an estimate or actual amounts, if available, of the following for the current fiscal year shall be submitted not later than the fifth day of each month, published by the Administrator on the Agency's website not later than the fifth day of each month: ``(A) A summary of the amount of appropriations made available by source, the transfers executed, the previously allocated funds recovered, and the commitments, allocations, and obligations made. ``(B) A table of disaster relief activity delineated by month, including-- ``(i) the beginning and ending balances; ``(ii) the total obligations to include amounts obligated for fire assistance, emergencies, surge, and disaster support activities; ``(iii) the obligations for catastrophic events delineated by event and by State; and ``(iv) the amount of previously obligated funds that are recovered. ``(C) A summary of allocations, obligations, and expenditures for catastrophic events delineated by event. ``(D) The cost of the following categories of spending: ``(i) Public assistance. ``(ii) Individual assistance. ``(iii) Mitigation. ``(iv) Administrative. ``(v) Operations. ``(vi) Any other relevant category (including emergency measures and disaster resources) delineated by disaster. ``(E) The date on which funds appropriated will be exhausted. ``(d) Contracts.-- ``(1) Information.--Not later than 10 days after the first day of each month, the Administrator shall publish on the Agency's website the specifics of each contract in excess of $1,000,000 that the Agency enters into, including-- ``(A) the name of the party; ``(B) the date the contract was awarded; ``(C) the amount of the contract, the scope of the contract; ``(D) if the contract was awarded through competitive bidding process; ``(E) if no competitive bidding process was used, the reason why competitive bidding was not used; and ``(F) the authority used to bypass the competitive bidding process. The information shall be delineated by disaster, if applicable, and specify the damage category code, if applicable. ``(2) Report.--Not later than 10 days after the last day of the fiscal year, the Administrator shall provide a report to the appropriate committees of Congress summarizing the following information for the preceding fiscal year: ``(A) The number of contracts awarded without competitive bidding. ``(B) The reasons why a competitive bidding process was not used. ``(C) The total amount of contracts awarded with no competitive bidding. ``(D) The damage category codes, if applicable, for contracts awarded without competitive bidding.''. SEC. 306. AUDIT OF CONTRACTS. Notwithstanding any other provision of law, the Administrator of the Federal Emergency Management Agency shall not reimburse a State, Tribe, or local government or the owner or operator of a private nonprofit facility for any activities made pursuant to a contract entered into after August 1, 2017, that prohibits the Administrator or the Comptroller General of the United States from auditing or otherwise reviewing all aspects relating to the contract. SEC. 307. INSPECTOR GENERAL AUDIT OF FEMA CONTRACTS FOR TARPS AND PLASTIC SHEETING. (a) In General.--Not later than 30 days after the date of enactment of this Act, the inspector general of the Department of Homeland Security shall initiate an audit of the contracts awarded by the Federal Emergency Management Agency (in this section referred to as ``FEMA'') for tarps and plastic sheeting for the Commonwealth of Puerto Rico and the Virgin Islands of the United States in response to Hurricane Irma and Hurricane Maria. (b) Considerations.--In carrying out the audit under subsection (a), the inspector general shall review-- (1) the contracting process used by FEMA to evaluate offerors and award the relevant contracts to contractors; (2) FEMA's assessment of the past performance of the contractors, including any historical information showing that the contractors had supported large-scale delivery quantities in the past; (3) FEMA's assessment of the capacity of the contractors to carry out the relevant contracts, including with respect to inventory, production, and financial capabilities; (4) how FEMA ensured that the contractors met the terms of the relevant contracts; and (5) whether the failure of the contractors to meet the terms of the relevant contracts and FEMA's subsequent cancellation of the relevant contracts affected the provision of tarps and plastic sheeting to the Commonwealth of Puerto Rico and the Virgin Islands of the United States. (c) Report.--Not later than 180 days after the date of initiation of the audit under subsection (a), the inspector general shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the results of the audit, including findings and recommendations. SEC. 308. RELIEF ORGANIZATIONS. Section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5152) is amended-- (1) in subsection (a), by striking ``and other relief or'' and inserting ``long-term recovery groups, and other relief, domestic hunger relief, or''; and (2) in subsection (b), by striking ``and other relief or'' and inserting ``long-term recovery groups, and other relief, domestic hunger relief, or''. SEC. 309. GUIDANCE ON INUNDATED AND SUBMERGED ROADS. The Administrator of the Federal Emergency Management Agency, in coordination with the Administrator of the Federal Highway Administration, shall develop and issue guidance for State, local, and Tribal governments regarding repair, restoration, and replacement of inundated and submerged roads damaged or destroyed by a major disaster, and for associated expenses incurred by the Government, with respect to roads eligible for assistance under section 406 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5172). | Disaster Recovery Reform Act This bill amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) to modify the Predisaster Hazard Mitigation Grant Program to: permit the use of technical and financial assistance to establish and carry out enforcement activities to implement codes, specifications, and standards that incorporate the latest hazard-resistant designs; direct the President to establish a National Public Infrastructure Predisaster Mitigation Fund; authorize the President's contribution to the cost of hazard mitigation measures to be used to increase resilience in any area affected by a major disaster; and direct the Federal Emergency Management Agency (FEMA) to issue a final rulemaking that defines the terms "resilient" and "resiliency." The bill authorizes the President to: (1) provide hazard mitigation assistance in any area affected by a wildfire for which assistance was provided; (2) provide incentives to invest in measures that increase readiness for, and resilience from, a future major disaster; and (3) waive Stafford Act provisions regarding duplication of benefits. The bill amends the Stafford Act to: (1) authorize states to use federal disaster assistance to directly administer temporary and permanent housing for disaster victims, (2) increase assistance to individuals with disabilities, and (3) establish fixed rates for reimbursing states and localities for costs incurred to implement disaster recovery projects. FEMA shall: (1) provide annual guidance and training for the prioritization of assistance to hospitals and nursing homes during a disaster; (2) issue guidance for the identification of evacuation routes; and (3) review the Unified Federal Environmental and Historic Preservation review process, improve closeout practices, and publish on its website specified information for grant awards and contracts in excess of $1 million. FEMA may establish one or more national veterinary emergency teams at accredited veterinary schools. |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Lake Berryessa Recreation Enhancement Act of 2016''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings; purposes. Sec. 3. Definitions. Sec. 4. Establishment of Lake Berryessa Recreation Area. Sec. 5. Management of Recreation Area. Sec. 6. Concessions permits and agreements. Sec. 7. Continued authorities of Commissioner of Reclamation. Sec. 8. Existing authorizations. SEC. 2. FINDINGS; PURPOSES. (a) Findings.--Congress finds that-- (1) the Monticello Dam-- (A) was authorized by the Reclamation Project Act of 1939 (53 Stat. 1187); (B) resulted in the formation of Lake Berryessa; and (C) is operated by the Bureau of Reclamation; (2) Lake Berryessa-- (A) covers approximately 28,915 acres of surface water and land; (B) has 165 miles of shoreline; (C) has a 2,000-acre wildlife area on the east side; (D) is located less than 100 miles from both Sacramento and San Francisco, California; and (E) has become an important regional recreation destination; and (3) the recreational use at Lake Berryessa generates tourism that is important to local economies. (b) Purposes.--The purposes of this Act are-- (1) to provide diverse, high-quality recreational facilities and services on Lake Berryessa and the surrounding lands; (2) to conserve the natural, scenic, scientific, historic, and other resource values contributing to the public use and enjoyment of that land and water; (3) to promote cooperation between the Federal Government and private entities to manage that exceptional resource; and (4) to establish the Lake Berryessa Recreation Area and transfer administrative jurisdiction over certain Federal land for management as public lands by the Bureau of Land Management as part of that area. SEC. 3. DEFINITIONS. In this Act: (1) Dam.--The term ``Dam'' means-- (A) the Monticello Dam; and (B) any facility relating to the Monticello Dam. (2) Recreation area.--The term ``Recreation Area'' means the Lake Berryessa Recreation Area designated by section 4(a). (3) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (4) State.--The term ``State'' means the State of California. SEC. 4. ESTABLISHMENT OF LAKE BERRYESSA RECREATION AREA. (a) Establishment.--Subject to valid existing rights, the approximately ___ acres of land administered by the Bureau of Reclamation that is underlying or adjacent to Lake Berryessa and is identified as ``___'' on the map dated ___, including any improvements thereon, are hereby established as the Lake Berryessa Recreation Area. (b) Transfer of Administrative Jurisdiction.--Administrative jurisdiction over the Recreation Area is transferred from the Bureau of Reclamation to the Bureau of Land Management. (c) Transfer of Ownership of Personal Property.--The Bureau of Reclamation may transfer to the Bureau of Land Management, without compensation, administrative jurisdiction over items of personal property used in the administration of the Recreation Area. SEC. 5. MANAGEMENT OF RECREATION AREA. (a) In General.--Subject to valid existing rights, the Secretary shall manage and administer the Recreation Area in accordance with this Act, sections 601 through 604 of Public Law 93-493, and the laws (including regulations) applicable to land under the administrative jurisdiction of the Bureau of Land Management. (b) Comprehensive Management Plan.-- (1) In general.--The Secretary shall develop a management plan for the administration and management of the Recreation Area. (2) Development of management plan.--For purposes of this Act, the Secretary may use or adopt, in whole or part-- (A) the recreational use plan adopted by the Bureau of Reclamation on June 2, 2006, or may develop a new management plan; and (B) any concessions planning or environmental documents prepared by or for the Bureau of Reclamation for the Recreation Area. (3) NEPA.--The decision to use or adopt, in whole or part, any document referenced in paragraph (2) shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). This decision is not subject to judicial review. (4) Applicability.--Nothing in this Act requires an immediate revision or amendment to any plan for the Recreation Area. (5) Recreational safety and security.--Subject to paragraph (5), the Secretary of the Interior may establish guidelines and restrictions on recreational uses to ensure the safety and security of recreational users in Recreational Area. (c) Funding.--For the purposes of managing and administering the Recreation Area during a transition period not to exceed five years after the date of enactment of this Act, the Secretary may transfer funds from the Bureau of Reclamation to the ``Bureau of Land Management-Management of Lands and Resources'' account, to remain available until expended, for the administration the Recreation Area. (d) Recreational Uses.--Nothing in this Act or the comprehensive management plan for the Recreation Area shall prohibit historical or existing authorized recreational uses, including motorized use, from occurring in the Recreation Area. SEC. 6. CONCESSIONS PERMITS AND AGREEMENTS. (a) In General.--The Secretary is authorized to issue recreation concession permits, including at the Recreation Area, to allow a third party to provide facilities and services to visitors on lands and waters managed by the Bureau of Land Management in support of outdoor recreational opportunities in accordance with an applicable land use plan. Any such permit shall not constitute a contract for the procurement of goods and services for the benefit of the government or otherwise. (b) Compensation to the Government.--Each permit issued under this section shall provide for monetary compensation, including franchise fees, to the Federal Government for the rights and privileges provided. (c) Regulations.--The Secretary shall promulgate regulations to facilitate the implementation of this section. (d) Revenues.--Revenues collected under this section shall be deposited into an account in the Treasury, and shall remain available until expended for managing and enhancing the public lands at the specific area where the revenues are collected. (e) Existing Agreements at Lake Berryessa Recreation Area.-- (1) Continuation of agreements.--Facilities and services provided in the Recreation Area under existing recreation concessions and recreation lease agreements with the Bureau of Reclamation, including agreements for campgrounds and marinas, may continue pursuant to the terms and conditions of each agreement. (2) Extension of agreements.--The Secretary may extend an existing recreation concessions and recreation lease agreement at the Recreation Area after expiration for a period not to exceed 3 years to allow continuation of services during the transition. (3) Reduction in federal costs.--To reduce Federal costs in administering this subsection, the issuance of new agreements or concession permits for activities within the Recreation Area that have been considered and permitted by the Bureau of Reclamation under previous analysis, that are similar to existing uses, or that are not inconsistent with approved uses and will not substantially increase the use of an area, shall not constitute a major Federal action for the purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). SEC. 7. CONTINUED AUTHORITIES OF COMMISSIONER OF RECLAMATION. (a) In General.--The Commissioner of Reclamation shall continue to administer and operate-- (1) the Dam; and (2) any power facility relating to the Dam. (b) Effects.--Nothing in this Act or any subsequent management plan shall-- (1) impair the ability of the Bureau of Reclamation and its managing partners to operate, maintain, or manage Monticello Dam, Lake Berryessa, and other Solano Project facilities in accordance with authorized purposes; (2) affect the use or allocation, in existence on the date of the enactment of this Act, of any water, water right, or interest in water; (3) affect any vested absolute or decreed conditional water right in existence on the date of the enactment of this Act, including any water right held by the United States; (4) affect any interstate water compact in existence on the date of the enactment of this Act; (5) authorize or impose any new reserved Federal water rights; (6) relinquish or reduce any water rights reserved or appropriated by the United States in the State on or before the date of the enactment of this Act; or (7) modify, change, or supersede any water contract or agreements approved or administered by the Bureau of Reclamation or Solano County Water Agency or Solano Irrigation District. SEC. 8. EXISTING AUTHORIZATIONS. (a) In General.--Except as otherwise provided in this Act, nothing in this Act affects any authorization in effect as of the date of the enactment of this Act made by any department or agency of the Federal Government for the use of land or water located in the Recreation Area (referred to in this section as an ``existing authorization''). (b) Assumption of Existing Authorization.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall assume the administration of any existing authorization, with such revisions as necessary to align the authorization with existing law and policies of the Bureau of Land Management. (c) Renewal of Existing Authorization.--The renewal of any existing authorization shall be made in accordance with such terms and conditions as the Secretary may prescribe. | Lake Berryessa Recreation Enhancement Act of 2016 This bill establishes as the Lake Berryessa Recreation Area specified land administered by the Bureau of Reclamation that is underlying or adjacent to Lake Berryessa in California, including any improvements. The bill transfers the administrative jurisdiction over the area from the Bureau of Reclamation to the Bureau of Land Management (BLM) of the Department of the Interior. Interior shall develop a management plan for the area and may establish guidelines and restrictions on recreational uses to ensure the safety and security of recreational users. Interior may also issue recreation concession permits, including at the area, to allow a third party to provide facilities and services to visitors on lands and waters managed by the BLM in support of outdoor recreational opportunities. Reclamation shall continue to administer and operate the Monticello Dam and any related facility, including any power facility. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Economic Growth and Price Stability Act of 1999''. SEC. 2. FINDINGS; STATEMENT OF POLICY. (a) Findings.--The Congress finds that-- (1) during periods of inflation, the United States has experienced a deterioration in its potential economic growth; (2) a decline in inflation has been a crucial factor in encouraging recent robust economic growth; (3) stable prices facilitate higher sustainable levels of economic growth, investment, and job creation; (4) the multiple policy goals of the Full Employment and Balanced Growth Act of 1978 cause confusion and ambiguity about the appropriate role and aims of monetary policy, which can add to volatility in economic activity and financial markets, harming economic growth and costing workers jobs; (5) recognizing the dangers of inflation and the appropriate role of monetary policy, political leaders in countries throughout the world have directed the central banks of those countries to institute reforms that focus monetary policy on the single objective of price stability, rather than on multiple policy goals; (6) there is a need for the Congress to clarify the proper role of the Board of Governors of the Federal Reserve System in economic policymaking, in order to achieve the best environment for long-term economic growth and job creation; and (7) because price stability is a key condition for maintaining the highest possible levels of productivity, real incomes, living standards, employment, and global competitiveness, price stability should be the primary long- term goal of the Board of Governors of the Federal Reserve System. (b) Statement of Policy.--It is the policy of the United States that-- (1) the principal economic responsibilities of the Government are to establish and ensure an environment that is conducive to both long-term economic growth and increases in living standards, by establishing and maintaining free markets, low taxes, respect for private property, and the stable, long- term purchasing power of the United States currency; and (2) the primary long-term goal of the Board of Governors of the Federal Reserve System (hereafter in this Act referred to as the ``Board'') should be to promote price stability. SEC. 3. MONETARY POLICY. (a) Amendment to the Federal Reserve Act.--Section 2A of the Federal Reserve Act (12 U.S.C. 225a) is amended to read as follows: ``SEC. 2A. MONETARY POLICY. ``(a) Price Stability.--The Board and the Federal Open Market Committee (hereafter in this section referred to as the `Committee') shall-- ``(1) establish an explicit numerical definition of the term `price stability'; and ``(2) maintain a monetary policy that effectively promotes long-term price stability. ``(b) Congressional Consultation.--Not later than February 20 and July 20 of each year, the Board shall consult with the Congress at semiannual hearings before the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives, about the objectives and plans of the Board and the Committee with respect to achieving and maintaining price stability. ``(c) Congressional Oversight.--The Board shall, concurrent with each semiannual hearing required by subsection (b), submit a written report to the Congress containing-- ``(1) numerical measures to help assess the extent to which the Board and the Committee are achieving and maintaining price stability in accordance with subsection (a); ``(2) a description of the intermediate variables used by the Board to gauge the prospects for achieving the objective of price stability; and ``(3) the definition, or any modifications thereto, of `price stability' established in accordance with subsection (a)(1).''. (b) Compliance Estimate.-- (1) In general.--Concurrent with the first semiannual hearing required by section 2A(b) of the Federal Reserve Act (as amended by subsection (a) of this section) following the date of enactment of this Act, the Board shall submit to the Congress a written estimate of the length of time it will take for the Board and the Committee to fully achieve price stability. The Board and the Committee shall take into account any potential short-term effects on employment and output in complying with the goal of price stability. (2) Definitions.--For purposes of this section-- (A) the term ``Board'' means the Board of Governors of the Federal Reserve System; and (B) the term ``Committee'' means the Federal Open Market Committee. SEC. 4. REPEAL OF OBSOLETE PROVISIONS. (a) Full Employment and Balanced Growth Act of 1978.--The Full Employment and Balanced Growth Act of 1978 (15 U.S.C. 3101 et seq.) is repealed. (b) Employment Act of 1946.--The Employment Act of 1946 (15 U.S.C. 1021 et seq.) is amended-- (1) in section 3 (15 U.S.C. 1022)-- (A) in the section heading, by striking ``and short-term economic goals and policies''; (B) by striking ``(a)''; and (C) by striking ``in accord with section 11(c) of this Act'' and all that follows through the end of the section and inserting ``in accordance with section 5(c).''; (2) in section 9(b) (15 U.S.C. 1022f(b)), by striking ``, the Full Employment and Balanced Growth Act of 1978,''; (3) in section 10 (15 U.S.C. 1023)-- (A) in subsection (a), by striking ``in the light of the policy declared in section 2''; (B) in subsection (e)(1), by striking ``section 9'' and inserting ``section 3''; and (C) in the matter immediately following paragraph (2) of subsection (e), by striking ``and the Full Employment and Balanced Growth Act of 1978''; (4) by striking section 2; (5) by striking sections 4 through 8; and (6) by redesignating sections 3, 9, 10, and 11 as sections 2 through 5, respectively. (c) Congressional Budget Act of 1974.--Title III of the Congressional Budget Act of 1974 (2 U.S.C. 631 et seq.) is amended-- (1) in section 301-- (A) in subsection (b), by striking paragraph (1) and redesignating paragraphs (2) through (9) as paragraphs (1) through (8), respectively; (B) in subsection (d), in the second sentence, by striking ``the fiscal policy'' and all that follows through the end of the sentence and inserting ``fiscal policy.''; (C) in subsection (e)(1), in the second sentence, by striking ``as to short-term and medium-term goals''; and (D) by striking subsection (f) and inserting the following: ``(f) [Reserved.]''; and (2) in section 305-- (A) in subsection (a)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1999''; (B) in subsection (a)(4)-- (i) by striking ``House sets forth the economic goals'' and all that follows through ``designed to achieve,'' and inserting ``House of Representatives sets forth the economic goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1999,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''; (C) in subsection (b)(3), by inserting before the period at the end ``, as described in section 2 of the Economic Growth and Price Stability Act of 1999''; and (D) in subsection (b)(4)-- (i) by striking ``goals (as'' and all that follows through ``designed to achieve,'' and inserting ``goals and policies, as described in section 2 of the Economic Growth and Price Stability Act of 1999,''; and (ii) by striking ``such goals,'' and all that follows through the end of the paragraph and inserting ``such goals and policies.''. | Repeals the mandate of the Board and the Committee to report biannually to the Congress on national economic trends, taking into account unemployment, investment, and productivity. Replaces such mandate with a mandate to consult semiannually with Congress, and to report on their plans and the time required to achieve price stability. Repeals the Full Employment and Balanced Growth Act of 1978 (Humphrey-Hawkins Act). Amends the Employment Act of 1946 and the Congressional Budget Act of 1974 to reflect the provisions of this Act. |
SECTION 1. SHORT TITLE. This Act may be cited as the ``Organ Donation Clarification Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) As of January 2016, 121,000 people await an organ transplant, with 100,000 of those people waiting for a kidney, and average wait times are approaching five years for a kidney, with twice as many people being added to waiting lists as getting a transplant. (2) Living donor kidney transplants peaked in 2006 and have declined since due to a scarcity of living donors. (3) Of the roughly two million Americans who die annually, only 10,500 to 13,800, representing less than one percent of all deaths each year, possess major organs healthy enough for transplanting. (4) On average, 22 people a day died while waiting for an organ, with the majority of those people waiting on a kidney. (5) In 2013 nearly 3,000 people were permanently removed from kidney waiting lists and 2,000 from liver, heart, and lungs waiting lists because they became permanently too sick to receive a transplant. (6) 90% of dialysis patients are not employed because dialysis requires multiple treatments per week which last several hours and leave patients drained, thus creating a huge financial burden on the patients, their families, and the government which is not included in the cost estimates above. (7) A patient receiving a kidney transplant on average has an additional 10-15 years of life at a much more enjoyable and productive level as compared with remaining on dialysis, while receiving a kidney from a living donor providing 4-8 years of additional life as compared to receiving a kidney from a deceased donor. (8) As medical advances extend people's lives as they wait for an organ transplant, waiting lists will get longer and the costs for individuals and the Federal Government will increase significantly. (9) Roughly seven percent of the Medicare budget goes to the End Stage Renal Disease Program, with dialysis costing Medicare over $87,000 per patient per year, as Federal law dictates that Medicare will cover dialysis for everyone who has made minimal Social Security tax payments. (10) A kidney transplant pays for itself in less than two years, with each transplant saving an average of over $745,000 in medical costs over a 10-year period, 75 percent of which is savings to the taxpayers. (11) Experts project that if the supply of transplant kidneys could be increased to meet the demand, taxpayers would save more than $5,500,000,000 per year in medical costs. (12) The World Health Organization estimates that 10 percent of all transplants take place on the international black market, the last choice for desperate patients facing an alternative of death, however recipients often face infected kidneys and have poor health outcomes and donors are often victimized. (13) Present policy on domestic donation, which is not evidence based and has never been subject to studies or pilots to determine effectiveness in increasing the availability of donated organs and the effectiveness of safeguards that prevent coercion or exploitation, precludes all but altruistic donation, prohibiting any form of incentive or benefit for donors. (14) Experts are arriving at a consensus that trials are necessary to find new methods of promoting additional organ donation which will save lives and reduce organ trafficking. SEC. 3. CLARIFICATION OF CERTAIN PROVISIONS OF THE NATIONAL ORGAN TRANSPLANT ACT. (a) Relation to Other Laws.-- (1) Governments encouraging organ donation.--Section 301 of the National Organ Transplant Act (42 U.S.C. 274e) shall not-- (A) apply to actions taken by the Government of the United States or any State, territory, tribe, or local government of the United States to carry out a covered pilot program; or (B) prohibit acceptance of any noncash benefits provided by the pilot program under subparagraph (A). (2) No prohibition on other benefits programs.--Nothing in this section shall be construed to prohibit actions, other than actions described in this section, taken by any State, territory, tribe, or unit of local government in the United States to provide benefits for organ donation, including pursuant to section 301 of the National Organ Transplant Act (42 U.S.C. 274e). (3) Clarification of meaning of benefit.--For purposes of the National Organ Transplant Act, valuable consideration does not include the following: (A) Reimbursement for travel, lodging, food during travel, and other expenses related to donation. (B) Provision of or reimbursement for dependent care needs related to donation. (C) Reimbursement for lost wages related to donation. (D) Medical expenses related to donation and all related follow up care including preventative follow up care and medication. (E) Paperwork or legal costs related to donation. (F) Any insurance policy against the risk of death or disability as a result of donating an organ or the longer-term health effects of having donated an organ. (b) Definition.--In this section: (1) The term ``organ'' means the human kidney, liver, heart, lung, pancreas, bone marrow obtained by aspirate, cornea, eye, bone and other musculoskeletal tissue, skin, and heart valves and other cardio and vascular tissue. (2) The term ``covered pilot program'' means a pilot program approved by the Secretary of Health and Human Services, subject to an ethical review board process, with a term of not more than 5 fiscal years, for the purpose of measuring the effect of removing disincentives or providing a noncash benefit that may increase the organ pool. Distributions of organs from deceased donors under the pilot program shall be conducted only through the Organ Procurement and Transplantation Network at a transplant center approved by the United Network for Organ Sharing or any other entity designated by the Secretary of Health and Human Services. | Organ Donation Clarification Act of 2016 This bill allows the exchange of human organs for valuable consideration (anything of value) under pilot programs approved by the Department of Health and Human Services to measure the effect of removing disincentives or providing a noncash benefit that may increase organ availability. (Currently, exchanging human organs for valuable consideration is prohibited by the National Organ Transplant Act.) In addition to reimbursements permitted in the National Organ Transplant Act, this bill declares that valuable consideration does not include: dependent care needs related to organ donation, medical expenses related to donation and all related follow-up care including preventive follow-up care and medication, paperwork or legal costs related to donation, or an insurance policy against the risk of death or disability as a result of donating an organ or the longer-term health effects of having donated an organ. |
Subsets and Splits